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Unknown/Approve PlanIn 2004 this Council made a maYior decision regarding the future of the Kalispell City Airport. The Council had several options to consider at that time and you chose to upgrade, modernize and expand the airport. This was a monumental decision and it caTne after a lot of discussion and public comment, And during the three years since that decision I can assure you that my contacts with the public regarding the improvements at the City Airport have been nothing but overy rhehningly positive. The Council then decided in 2005 that the City should move forward and extend the Airport Tax Increment District long enough to bond for the first phase of the expansion. The expansion has been a huge success. Private investment in the airport over the past two years is almost $1.5 Million, with several projects still on the drawing boards. Red Eagle Aviation has expanded their facilities and 'invested hundreds of thousands of dollars in their operations. The Hilton Hotel chose the airport site over several other sites in the surrounding area because of the future expansion possibilities of the airport. We have developed almost every square foot of the phase I expansion. However, we must also remember that in January, 2000 the Federal Aviation Administration advised the City of Kalispell in a letter to the City Manager that after conducting an aeronautical study their determination was that the existing radio towers (KGEZ), in their current configuration and height, are an obstruction to air navigation as defined by Federal Aviation Regulation fart 77. for the existing runway and any proposed new realignment of runway 1.3 - 31, The key words in this letter were that the towers penetrate FAIL Part 77, horizontal surfaces of the existing runway. All of the expansion plans and development plans aforementioned were accomplished by this Council with the full knowledge of the fact that the City of Kalispell would eventually have to mitigate the KGEZ towers. I must emphasize at this point that these towers present a safety issue for users of the City Airport regardless of whether it is expanded or not. To understand the background of the towers versus the airport I would like to review some historical facts. The airport was dedicated in 1929 and has been an active airport ever since. The towers were built in 1954 approximately 1.8 miles south of the airport. The towers were non -conforming when they were built and are still non- conforming today. I learned years ago in the military that governments and municipalities can sit on their rights for years and still exercise those rights several years later. A private person might lose those rights if they sit by and do nothing, but, the government is different. There are all sorts of reasons why previous city and county governments, over the years, have not demanded that the towers be moved or torn down, However, just because these towers have not yet caused injury or death to users of this public transportation system is no excuse for allowing them to remain in protected airspace. Like a sharp curve in a busy highway may not have been perceived 50 years ago, when it was built, to be a significant problem, today we have a different situation. The significant growth in the valley has also created significant growth in air traffic, both at the City Airport and at Glacier Park International. It is understandable that Kalispell wants its airport to meet FAA standards and certification. Therefore, it would seem to be legitimate to now force a move of the radio towers. You notice I said trove the towers. There has never been any intention by the City to shut down this radio station. It is perhaps relevant at this time to note that all other radio stations in the valley are remote from a studio miles away from their broadcast towers. KGEZ is the only station. that 1 know of that is hardwired to their towers. There has been a lot of communications between John. Stokes, the owner of KGEZ and the City of Kalispell over the past several years. It began two weeks after Mr. Stokes bought the station and the last communications was in August of 2006 when the City Manager notified Mr. Stokes that the City was proceeding with a study by Hatfield and Dawson. Broadcast Engineers and Consultants, to determine a path towards mitigating the towers. In that letter the City Manager asked for Mr. Stoke's cooperation, and notified him that the City was determined to correct the problem at no cost to Mr. Stones. Mr. Stoke's response to all requests, etc. are a matter of public record for your review. Since receiving the notification from. the City, Mr. Stokes has put his radio station on the market for sale, so to speak. The sales ad states that Mr. Stores will sell six acres of land along 93 South for the sum of $4 Million and an FCC licensed radio station comes with the deal at no extra cost, I have a copy of that ad. There are several covenants that go along with the sale, such as, you can not resell any part of the land to the adjacent landowners. We have recently reviewed the Hatfield and Dawson report and have come to the following conclusions: 1. The most prudent and least expensive option would be to replicate the present antenna system. at a -new location either northwest of Kalispell, southeast of Kalispell, or in a small area east of Evergreen. There is plenty of land available to accomplish this. We have already identified two excellent possibilities and have initiated talks with the owners. There are several others that have come to our attention, but have not yet been fully explored. Understand, that a new antenna system would greatly increase the value of Mr. Stoke's radio station should he find an interested buyer. 2. Once the option on the land is signed, we will turn to Hatfield acid Dawson again to evaluate the site and draw up the plans to build the system to FCC specifications. 3. Once the plans are done. we will approach Mr. Stokes with our plan. If he agrees, we will ink the deal and proceed. 4. If Mr. Stokes rejects the proposal, we will take it to the District Court and ask for condemriation of the current towers to be replaced with the new system. At no time will we shut down the radio station. The new tower array will be built, tested, and approved by the FCC. When everything is done, we will throw a switch and he will have a new set of towers. The old towers wi11 become property of the City and will be removed. Building in the appeal process to the State Supreme Court, we project having a final decision one way of the other by the fall of 2009. It is our opinion that we will prevail in this action due to the fact that the law is on our side. but I will defer that discussion to the City Attorney. We ask you to consider this proposal and bring it to a Grote of the City Council as soon as possible. Thank You