2008/12/15 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Montana repealed Chapter 5 of MCA 67 in 2005 and replaced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 KALISPELL 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
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