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11-03-86 Parks Comm MinutesE November 3, 1986 PARKS & PUBLIC LANDS COMMITTEE 4:15 P.M. • Chairman Manning and Councilmen Palmer, Ruiz and Nystul in attendance. Mayor Kennedy, City Attorney Neier, Parks/Airport Ad Hoc Committee members Jim Fleming and Cary Weyrauch, Lee Tower and Jay Billmayer of the Airport Board, and Larry Stockhill also present. AIRPORT FACT-FINDING COMMITTEE REPORT - C. Palmer presented a letter prepared by Jim Flemming and an outline of the general consensus of C. Palmer and Cary Weyrauch. He stated that C. Nystul and he did not concur on all issues. C. Palmer, to give some background, read from a.lease from the Airport Association: "The association shall use said leased premises for the airport purposes and except as provided herein shall have the sole and exclusive control of said premises to that end including the right to impose charges, surcharges, fees, rents of any kind and nature that the association shall in it's own sole discretion, to be consistent with the improvement and the efficiency and utilizatiion of such premises." It goes on to cover some specific items and then says that they may sublet, after obtaining prior written approval from the City, and upon such approval the City shall be bound by such leases even though "this lease" may be terminated. He also pointed out Paragraph 9: "Said airport shall run the airport in such a manner to be ordinarily subject to the City special assessments and shall pay City special assessment. and shall be levied against the sublet property." He gave last year's figures on this item: The balance on the runway was $155,971.16, accrued interest to 6/30/86 was $18,076.20. Currently to date the balance is the same with accrued interest $17,923.00. The revenues to date: $1800. Last year revenues • received were $.3600. Obviously there is a gap. He stated that he was not sure if everything was coming through the City, and another problem is that according to State law warrants are to be paid off in the order that they are registered. He said he was not sure whether they called normal operation at the airport exclusive of the warrants, but he had a $49.00 (11/15/85), $950.00 check, etc. - going way back. But because they must be paid off in order they must start with the list of $15,000 checks to pay off Pack. The revenue is creating a problem for the Airport Association - so because of all of this it was determined that a fact-finding committee was needed to make a report and recommendations to the Council. He stated in addition that he felt it important that Paragraph 7 of the lease being used for hangers be considered. The lease was approved by Attorney Neier and the City Council approximately 3 years ago. It states that if the City terminates the lease with the Airport Board the City is obligated to honor the existing leases and to give a first right of refusal to the people that own the sites where the buildings are; and if that is not a practical solution for the City to sell, the City may elect to purchase the improvements to the properties at a price set by a qualified appraiser. So this must be remembered as the facts are considered. With that, the committee met with interested parties and business people and have come today to share the resulting report. Jim Fleming presented the attached report. He stated that the airport is a very important part of Kalispell: convenience, easy access to recreation areas, convention centers, business meetings, emergency situations. It also has alot of problems. Properly managed it can be a beautiful airport and a real assest to the City. His recommendation would be for the City to cancel • the existing lease and replace it with an Airport Authority to handle financial affairs and other matters concerning the airport. This should have an advisory board to pursue different ways of solving problems and ways to enhance the airport. PARKS & PUBLIC LANDS COMMITTEE • Airport Fact -Finding Committee Report November 3, 1986 Page 2 C. Nystul felt that a public meeting should be set for public input. He stated that he agreed basically with Jim Fleming's assessment but pointed out that the Airport Board was a volunteer group working without pay, and it has not worked and a way to solve this would be to assign the airport to a City Department who would then work with an advisory board. He listed severe problems as the liability because of no fences, City property in use for which no revenue is received, etc. The entity must stand on it's own for maintenance and operation. He felt that that the City itself was perhaps responsible for some of the interest because it took three years to get the property listed. But he felt that the airport was an assest and the City should work toward a solution that will allow it to remain. C. Palmer went through the fact finding report. A brochure showing the benefits and the turn -over of dollars is to be made a part of the minutes. This is one of the busiest airports in Montana. C. Palmer pointed out that all thoughts on the issue were listed in the outline whether or not they all agreed. He then turned the information over to the Parks Committee for their action. The Airport Board had not at this time had a chance to review the recommendations made by the fact-finding committee. Lee Tower pointed out that the original • lease also states that the airport will not be a burden to the taxpayers - which has really hampered the airport. He has suggested that the City take the airport on as a budget item for the difference between projected income generation if the fixed base operators cooperated they would be happy to do that. He stated that as far as being safe, they had a long range plan done by a -Bozeman airport consulting -firm and it was ruled safe. There is not an FAA official who would be willing to write a letter to that effect now. - He felt having an organization and getting Community Development involved was a good idea. Putting the airport under Community Development would show solid community support and would possibly make other funding available. He listed problems with lack of maintenance causing damage to props which causes repair bills for the FBO's. He feels that the airport has every chance of making money but it must be handled right - they have done the best they can do under the lease and conditions that they have at present. There are no teeth for enforcing. Parks Director Drent has a copy of a 1979 report that may be helpful. C. Nystul felt that C. Palmer should fill in the blanks and make his draft into final form, and he would do the same with his, and they should be made available to the Airport Board so that they could respond. Jay Billmayer pointed out some justification for the facility by looking at the secondary revenue coming back from taxes on improvements at the airport. In otherwords, that is commercial property having value because of its use, which is for airport purposes. This should be added to the plus side and • should be considered also. C. Manning stated that this is a large enough issue that the whole Council should be involved and recommended setting a public meeting with the Council as a Whole so that is everyone is informed up front. It was suggested that PARKS & PUBLIC LANDS COMMITTEE • Airport Fact -Finding Committee Report November 3, 1986 Page 3 several more meetings of this size be held so that there was a firm recommendation to take to the larger meeting. C. Palmer suggested using a certain amount of discretion in the handling of this issue. C. Ruiz saw no need in the whole Council re-hasing the work that has already been done. Even a publichearingis not needed - but rather have the Committee prepare the pros and cons for the Council. C. Nystul suggested that the Committee meet at 3:30 P.M. on November 17 to receive input from the Airport Association, the FBO's, and other interested pilots in regard to the Committee's response. There will not necessarily be something settled on to take to the Council that evening. It will be a joint Parks, Committee Development and Airport Association meeting. Information should be mailed out to interested parties and should include the minutes to this meeting, the final draft of the fact- finding report and the brochure. Frank Boylan pointed out that the airport was free and the Airport Board originally took it over because the City didn't, want to look at it. aj g —• 0 • • Sirn er e1., James Flem Sept. 21: 19_E. Mr. Ed Kenned • mayor City of Kalispell, Mt... Dear Ed: As -. memberof the committee to StudY and seeK out the Problems of the Kalispell Cit' Airport south of town, I would liKe to Point. ,=prat. several advantages of having an a.irport located cloy to the cit,+. In mt:• visits with the local businesses, I have found that then feel the Kalispell City' Airport is _. great. asset to them such (_., c nveniance to the shopping center_ (b! pasv access to he ma.iCy rec� At i� �na.l. . !. - . ,.iea _i-ach _s sKiing, hunting, fishing, Pa.r'K , l.a.H':.__, ect. Cc) conventions, business meetings, _at.. (d) emer2enaV situations such as, transfer of hospital Patiant.s, search and rescue, forest fires, -_t. All of the above draw ma.nY People to our =it}• which in turn boosts our cii:v"s economy:. In order- to maintain a sucse_sful airport, it needs to be managed ProPer'lY to _._rare Keeping it. safe .and financially% sound. I would also IiKe to Point Out -, few of the Problems, as seeexist'bolo' with the Present Airport Association: (a) financial. (b} s_curit' Cc) access to FErr'c and hanoars. (d) m.aintennance of r unway. ta iwa.i'c, lighting, .Gr_.__. ect„ - (e) lease agreement._ (f ) mona9emenl_ In Sr_Imma.r'izingv l recommend the CitV of Kalispell. cancel it.'_ existing lease with the Kalispell HirPort Association, Inc. and replace it with a Cit' Airport. AutlooritY which would manage the financial affairs and other ma.t.ters concerning the Kalispell CUP Airport. The CitY Airport RuthoritY should have an a.dt:isorY. board to continue too Pursue waWs of solving the ProblemsI r mentioned earlier and find w:aYs of enhancing our cit-s"_ conom-V in relation to our Ka.li_Pell City Airport. FACT FINDING COMMITTEE: Cary Weyrauch, Jim Fleming Paul Palmer, Gary Nystul • (fact finding report) To help identify the Kal.i.sp.el.l. Airport's history, problem_, bene:-i.ts and risk related to `__tin., wa have outlined as follows: (1) HISTORY (a) th•m airport was or-imn ted in (b) closed for seven _ ar . and . e _. _ (c) letter frof;''. th FAA d.,_:te_i� sta. i.nq i. ';, was unsafe because of the proximity to the city_ Larry Stock:hil.l ha._e.].ei_i;etr- (d) airport board F°;ai_'. f r'mud in March 196L (fa) Stockhi.l.iAviation purchased 2.5 acres of ground from the city.- in _ (f) Strand Aviation purchased ._. acre: of land in --,--` (9) volunteer- work: constructed ti= runway in • (h) runway_._^--- resurfaced the runwayin 1585 with aobligation to to the c.. _ some of the work perlor;med was credited back: as advanced ground lease payment (2) BENEFITS (attached brochure) (a) immediate access to the city for business (b) gas tax revenue - W commercial spin -oaf - - (d) student access (e) tourism convenience - . (f) forest service Bcc&E.s (1) PROBLEMS (a) financial (1) not funded by the city state or federal _ (2) it is not servicing it'__ debt (3) cannot be self-supporting, but it does appear _ that the maintenance could be serviced by th" - currant cash flow (b) operation (1) there is not a paid administrator- (2) there is not a formal set of.rules and regulations that are followed (1) the board does not ch,.nge, the same people continue to serve • (s) deferred maintenance (5) ton many people operating as FBO's (6) poorly written lease/long term obligation for the city (7 cents a'sq. it. for 20 yrs.) (7) commercial operation on leased land (8) security, th-e nrr:pfz.-.+,.-.to h f td - Q) currently the F ',IJ's are being billed $300,00 - - - a month rah, c r he, arm n , . im to p o • W] • ,, l_i 0) the airport board I�.as. stated that with the city inte ...ci_:.r __ :sewer �l line) and lack of althorn to he`,ry Twon and collect is 'vah difficult to make lon•', range plans (4) Rasa:: (a) near city cent _r (b) rep-orte�si*from one F _i that the airport was un5acW the other felt it was safe (c) two million dollar liability insurance may be inadeel�_r.at . (d) by not having the airport fenced, children and couldanimals _ on the r,.,,.:ay during i.anni;:= or takeoff f r,-"r _ e that t - - . . ,,. which state`- .._. ..hc- tr=ti"Pr t.h=:G i'Ir-. S'.�_�.t::h;li. he.� o-=ni.�_•� _-= the FAA felt they lo_-avlory of .the airr.nQ,»;j_: unsafe (K finan_ial risk in the tact that the airport to not servicing an obligation that will u.ltimatel^_, be the taxpayers respTnslbil.ity (5) RECOMMENDATIONS Most ifnagry, t'. the safety port. _.:: ._ta,'_.ty o this a..r'. should be determined once and for all by a combination of FAA,,Montana State Aeronautics Board and any other agency whose testimony would be considered relevant in the event of a liability suit. Presuming that the airport will continue to operate, the following in cur opinion wi.l.l he necessary to -gig,=e direction for our community facility. (a) have the city participate in the accounti.n;g and collection of fees (b) turn the organization over to the community development office or parka committee `_o that a paid administrator will have an influence or: the management (c-) organize an airport authority board that could report and make recommendations to the f_Gff:i7r1 t1: is?@ of the council. (d) review all leases for possible changes, if permissible _ (ca) sell highway property or ground lease so that there could be a perpetual cash flow (f) follow and ravine the master plan (g) airport access should be limited (h) immediate maintenance of ground area, cut grass, install better lighting (i.) position for termination in the event the airport cannot be financially supported, such as portable hangars only ( ) in {•-._ event ,-r. cr•::: (^•) scown on Airport road doas not sell, try for ground lease . (k) fanning to be provided o: the city boundaries (l) have review of all books and records, audited by the city (m) do not levy fees on FBOV ior access from their property, however, the FSOW should pay for the tie downs that are on city property as well as any other area that they make use W. A fence would provide control The final drafts of the reports mentioned in these minutes have not yet been made available, nor has a copy of the brochure been obtained. When these items are avaiable they will be forwarded to you. • 0 / I -Jo- Zb AIRPORT ASSOCIATIONS COMMENTS AND SUGGESTIONS The investigation and comments of the Fact Finding Committee appointed by the Parks Committee of the Kalispell City Council are appreciated and well taken. As chairman of the Kalispell City Airport Association I suggest that any problems in operation of the airport, by the Association, lie within the lease written by the City of Kalispell, and under which the Association must operate. This lease allows for a lot of responsibility and alludes a lot of authority. Seemingly enough authority to operate, but there are no teeth attached to the lease authority. This lack of apparent authority, strengthened by the attitute of some City departments, does not allow the Association effective response to the various challenges it's authority is subjected to. I suggest that any operating systems that should arise • from these efforts must include remedial systems and implementation authority that is clearly understood by all permenentaly involved in the operation. The association cannot continue with it's only response a confrontation of personalities, and jawbones. SUGGESTIONS: A. Rewrite the Association lease in a very careful manner to acheive the following. 1. Proper authority in the association to handle normal operations. 2. Reduce liability to the City of Kalispell that may result from airport operation. 3. Improve the use of the airport, in any reasonably manner, and it's contribution to the City of Kalispell. B. Rewrite the lease requiring the association to contract with the Economic Developement Department or some other agency for administration, but also clearing up the authority and remedial action questions. n C. Using the Airport Association structure, create • a bond issue to purchase existing F.B.O.Is and pay off the runway paving. Consolidate the two F.B.O.Is into one, operated by the Association directly or by leases with a qualified third panty. This arrangement must also include the implementation authority required to assure pea^eful operation. Any one of the above will solve most of the operating problems. They will also encourage membership involvement, and by doing so, encourage regular changes in Association leadership. Another consideration in rewritting the airport lease might be a partial budget contribution by the City. This would recognize the public nature of the contribution made to Kalispell by the Airport. This amount might replace the —contribution expected from the various F.B.O.'s and not effect other sources of revenue. Kalispell City might also join with the Airport Association to obtain Federal financing for needed capitol improvements. • Thank you for your time. Sincerely, H. Lee Tower Chairman •