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2. Resolution 5331 - Airport Mitigation Action PlanCity of Kalispell Fred A. Leistiko, Airport Manager 20First Avenge East, Kalispell, Montana 5990 Past Office Boy 1997 - Kalispell, Montana 59903-1.997 Telephone (406) 250-3065 Fax, - (406) 758-775 REPORT TO: The Honorable Mayor Pamela B. Kennedy and City Council FROM: Fred A. Leistiko, City Airport Manager Myrt Webb, City Manager SUBJECT: Airport Mitigation Action Plan MEETING DATE: December 15, 2008 BACKGROUND: The FAA has deternined that the existing KGEZ radio towers in their current configuration and height are an obstruction to air navigation as defined by Federal Aviation Regulation Part 77, for the existing and proposed realignment of runway 13-31. The Montana Department of Transportation stated in 2003 that the radio towers are in violation of MCA 67-5-21 L and it is up to the city, as owner of the airport to enforce the statutes regarding height restrictions. The enforcement is a mandatory obligation of the city as the airport owner. The State of Montana repealed Chapter 5 of MCA 67 in 2005 and replaced it with Chapter 7, Airport Affected Areas. The City of Kalispell enacted Ordinance 1573 in 2006 which established regulations to provide airspace protection around the Kalispell City Airport. Any structures that were non -conforming at the time the Ordinance was enacted would be considered non- conforming after enactment of the Ordinance and should be dealt with accordingly. RECOMMENDATION: The City Council determine findings in fact that the KGEZ radio towers are a hazard to the safe operation of aircraft in and around the Kalispell City Airport and that the towers should be removed or relocated in accordance with City Ordinance 1573. FISCAL IMPACT: No General Fund money will be used to do this project. Airport Enterprise Funds, Airport TIF, State Aeronautics Grants, and FAA Airport Improvement Program Funds will be utilized. ALTERNATIVES Respectfully submitted, Fred A. Leisti o City Airport Manager As suggested by Council Myrtebb City Manager RESOLUTION NO, 5331 A RESOLUTION FINDING A PUBLIC NEED FOR THE MITIGATION OF THE AIR HAZARD CREATED BY THE KGEZ RADIO TOWERS AND SETTING FORTH THE DIRECTION OF THE 1 ALISPELL CITY COUNCIL TO ESTABLISH THE VALUE OF RELOCATING OR REMOVING THE TOWERS, To MAKE A FORMAL OFFER AND TO CONSIDER CONDEMNATION. WHEREAS, the Kalispell City Airport has existed in its current location and served the important air transportation needs of the City of Kalispell for eighty years and continues to be vital to the business and economy of the City and the public; and WHEREAS, approximately 50 years ago the KGEZ radio towers were constructed within the southeast proximity of the Kalispell City Airport without permission from the City, County or State governments; and WHEREAS, the Montana Department of Transportation, Aeronautics Division and the Federal Aviation Administration have each designated the KGEZ radio towers as a Hazard to Aviation; and WHEREAS, pursuant to Title 67, Chapter 7, Montana Code Annotated, the City of Kalispell enacted ordinance 1573, establishing the Kalispell City Airport Affected Area which provides regulation of airspace protection and land use compatibility with airport operations at the Kalispell City Airport; and WHEREAS, the KGEZ radio towers are located within the Kalispell City Airport Affected Area and subject to the City's regulatory powers; and WHEREAS, the Kalispell City Council acknowledges the designation by the Montana Department of Transportation, Aeronautics Division and the Federal Aviation Administration that the KGEZ radio towers are a Hazard to Aviation and therefore a hazard to the airport operations at the Kalispell City Airport; that air traffic utilization of the Kalispell City Airport has increased dramatically over recent years raising the risk of an air traffic accident and therefore makes the finding that such compromise of the public safety creates the legitimate public need to remove and/or relocate the radio towers out of hazardous air space; and WHEREAS, if it is determined by the Kalispell City Council that it is prudent and timely to pay such costs, the City of Kalispell should make an offer to the owner of the KGEZ radio towers to relocate such towers out of hazardous airspace at no cost to the owner and without any discontinuance or degradation to his radio transmission or, in the alternative, to offer to pay to the owner of the KGEZ radio towers the projected cost to the City of such tower relocation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City Manager is directed to advise the City Council immediately upon receiving the necessary documentation of the projected costs of relocating the KOEZ radio towers. The City Council will then direct the City Manager whether or not to make a formal offer to the owner of the KOEZ radio towers. SECTION II, In the event that the City Manager makes a formal offer to the owner of the KOEZ radio towers and such offer is rejected, the City Council will then determine whether or not it shall direct the filing of a condemnation action in the state District Court. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 15TH DAY OF DECEMBER, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa white City Clerk y (SCALE IN FEET) t " a TOWER #i S-2 AIRSPACE Top = .7 Honzonta urface = 3099.45' Base = 2921.0 Tower Penetration = 144.25' — - ��,' Tf]IWER#22"7's-� AIRSPACE TOWER REMOVAL (H AND RELOCATION '' f y' Tap = 3257.7 onzonta r-face = 3 699.45" < ` Base = 2929 Tower Penetfation =158.25 Ground = 2923' _ ti t.' • �� Height = 334.7' Fuwc Departure = 3064.0' i I { IF Tower Penetration = 197-7' ins s s A f r s r FUTURE 40:1 TERPS I I Ultim te. Departure = 3032.E acne- * i rt s DEPARTURE SURFACE�s ' N. Tower.Penetration 225.1 I I ULTIMATE 40:1 TERPS ,� ► y � j - DEPARTURE SURFACESl— Ham] 3040 t R r Ra ? ULTIMATE 1-MILE NPI 341 0FI6 1 APPROACH SURFACE 1� u. o -so- lf� Q 006" PRIMA IT ' _.�'a�, I�,Y,� "'tee rrtr �^• ........,.+...... �, � • . - , ..- o 29 I� r•~ � �i2 - •"r r•. a:. j `� �' `� FUTURE UTILITY NPI20. APPROACH SURFACE , AL Oh- 0 L K Alf.Ft tr KALISPELL CITY ., AIRPORT s IMPROVEMENTS A.I.P. 3-30-0043-003-2009 ' - Kalispell, Montana L r{ Proj ect Scope {.OMIT