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1997/01/13 Airport Organization Options/DiscussionAgenda -January 13, 1997 AGENDA ITEM 6 - AIRPORT ORGANIZATION OPTIONS/DISCUSSION RESOLUTION FOR COMMISSION OR ALTERNATIVE BACKGROUND/CONSIDERATION: We have enclosed the previous resolution (establishing Council as the Airport Authority); the proposed resolution that was scheduled for the last meeting (new Authority), and a proposed resolution that would establish a Commission. Since we have had several discussions concerning the pros/cons of each organization as well as the legal opinion about the independent authority and TIF dollars, I will not review these options in this report again. We have the minutes of the Airport Advisory Board and a letter from the Advisory Board that presents their recommendation. When I met with them on Wednesday, we had a good discussion about the alternatives. It is their desire and recommendation to continue the current organization through the period of construction of the improvements at the airport. At the conclusion of the construction, it would be their desire to then change to an Airport Authority. I believe the current organization will work and may be desirable in terms of keeping the expertise of the present board members available to the Council. With a "start-up" of a Commission, due to the State residency requirements, our current members will not be appointed and all "continuity" will be lost. RECOMMENDATION: To enable us to continue the projects with continuity, current and historical airport expertise, mutual goals, Agenda -January 13, 1997 and some element of civility, you may want to consider the continuance of the current format. A change to• Commission will allow you to have a semi -autonomous administrative organization but because we are at a Council transition period for the airport, ballfields, and the City, I would concur with the Airport Advisory Board recommendation. We can consider a more permanent change at the time of completion of all of the projects. ACTION REQUIRED: A resolution adopting a Commission would be required if you desire the immediate change. If you prefer to continue for the transition period with the current organization, no further action is required. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL TO CREATE THE KALISPELL CITY AIRPORT COMMISSION, (PURSUANT TO TITLE 67, CHAPTER 10 MONTANA CODE ANNOTATED) FOR THE PURPOSE OF IMPROVING, EQUIPPING, MAINTAINING, AND OPERATING THE KALISPELL CITY AIRPORT; REPEALING RESOLUTION NO. 4274; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell owns, controls and operates a facility commonly known as the Kalispell City Airport, and WHEREAS, § 67-10-202, MCA authorizes a city council to create a commission from the inhabitants of the city for purpose of improving, equipping, maintaining, and operating an airport, and WHEREAS, the City desires to develop the Kalispell City Airport and City property surrounding said Airport in accordance with the Kalispell City Airport Neighborhood Plan, adopted September 19, 1994, and WHEREAS, the City considers it necessary to create a commission from the inhabitants of the City to improve, equip, maintain and operate the Kalispell City Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the City Council hereby creates a Kalispell City Airport Commission for the purpose of improving, equipping, maintaining and operating the Kalispell City Airport. SECTION II. That said Commission shall, subject to approval of the City Council, establish rules, fees and charges for the use of the Kalispell City Airport. SECTION III. That said Airport Commission shall annually submit a budget request on or before July let of each year, and upon submission of such i:lwplcommish.wpd request, the City Council may include all or a portion of the requested amount in its budget. SECTION IV. That all expenses for construction, improvement, maintenance, and operation of said Airport shall be approved by and charged to the City, pursuant to the City's established purchasing and/or contract procedures. SECTION V. That the Commission, created hereby, shall consist of seven (7) members, appointed by the Mayor with the consent of the Council, who shall at all times during their service be residence of the City of Kalispell and shall serve overlapping terms of four (4) years. SECTION VI. That Resolution No. 4274, establishing an airport authority is hereby repealed. SECTION VII. That this Resolution shall take effect immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF , 1997. Douglas D. Rauthe - Mayor Attest: Debbie Gifford, CMC Clerk of Council is\wp\commish.wpd RESOLUTION NO. -4_3�-8- A RESOLUTION CREATING AN AIRPORT AUTHORITY TO EXERCISE ALL POWERS GRANTED UNDER THE "AIRPORT AUTHORITIES ACT" (TITLE 67, CHAPTER 11, MONTANA CODE ANNOTATED) UPON APPOINTMENT AND QUALIFICATION OF THE FIRST COMMISSIONERS THEREOF, FOR THE PURPOSE OF OPERATING, MAINTAINING AND EXPANDING THE KALISPELL CITY AIRPORT, REPEALING RESOLUTION NO. 4274, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell owns, controls and operates a facility known as the Kalispell City Airport, and WHEREAS, § 67-11-102, MCA authorizes a City Council to create an Airport Authority to exercise all powers granted under Title 67, Chapter 11, Montana Code Annotated, and WHEREAS, the City desires to develop the Kalispell City Airport and City property surrounding said Airport in accordance with the Kalispell City Airport Neighborhood Plan, adopted September 19, 1994, and WHEREAS, the City, in order to achieve it goals, considers it necessary to create an Airport Authority pursuant to Montana law for the purpose of operating, maintaining and expanding the Kalispell City Airport for the benefit of the City and the flying public. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City Council hereby creates the Kalispell City Airport Authority to exercise all powers which may be granted to airport authorities under Title 67, Chapter 11, Montana Code Annotated for the purpose of operating, maintaining and expanding the Kalispell City Airport. SECTION II. That on or before the effective date of this Ordinance the City Council shall appoint a seven (7) member Kalispell City Airport Authority Board in accordance with § 67-11- is\wp\airauth.wpd 103, MCA, whose members shall be qualified for office on July 1, 1997. SBC-T_ION_.III. That the Airport Advisory Board, created by Resolution No. 4274, is hereby continued until the appointment and qualification of the Kalispell City Airport Authority with -the same duties and responsibilities as set forth in Resolution No. 4274. SECSaQN_1-V. That this Resolution shall take effect on July 1, 1997. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, THIS 9TH DAY OF JANUARY, 1997. DOUGLAS.D. RAUTHE - MAYOR Attest: Debbie Gifford, CMC Clerk of Council is\wp\airauth.wpd RESOLUTION NO. 4274 A RESOLUTION OF THE CITY COUNCIL TO EXERCISE ALL POWERS GRANTED UNDER THE 'AIRPORT AUTHORITIES ACT' (TITLE 67, CHAPTER 11, MONTANA CODE ANNOTATED) FOR THE PURPOSE OF OPERATING, MAINTAINING AND EXPANDING THE KALISPELL CITY AIRPORT, CONTINUING THE AIRPORT ADVISORY BOARD, AND ADOPTING THE AIRPORT BUSINESS PLAN. WHEREAS, the City of Kalispell owns, controls and operates a facility commonly known as the Kalispell City Airport, and WHEREAS, S 67-11-102, MCA authorizes a city council to exercise all powers granted to airport authorities under Title 67, Chapter 11, Montana Code Annotated until such powers are conferred upon a municipal or regional airport authority, and WHEREAS, the City desires to develop the Kalispell City Airport and City property surrounding said Airport in accordance with the Kalispell City Airport Neighborhood Plan, adopted September 19, 1994, and WHEREAS, the City desires to obtain assistance from interested individuals with a knowledge of aeronautics in order to operate, maintain and expand the Kalispell City Airport for the benefit of the City and the flying public. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City Council hereby determines to exercise all powers which may be granted to airport authorities under Title 67, Chapter 11, Montana Code Annotated until such powers have been conferred to a municipal or regional airport authority. SECTION II. That the City Council hereby continues an Airport Advisory Board consisting of seven (7), who have an interest in and knowledge of aeronautics and municipal airports, appointed as follows: a) Three members who own real property within the City's Master Plan jurisdictional area, and b) Four members who own real property within the City limits of Kalispell. SECTION III. The Airport Advisory Board, continued hereby, shall be a citizen's advisory board to the City Council to aid the City in formulating 1 City policy in matters pertaining to the airport and the adjacent City -owned property. SECTION IV. The primary responsibility of the Board is to review existing and proposed City policies concerning the proposed improvements to the airport, options of maintenance and operation of the airport facility, creation of an airport authority, and options for utilizing surplus airport property in a manner supportive of the airport operation and further report their findings and recommendations to the City Council. SECTION V. That on or before January 1, 1997, the City Council shall create a municipal airport authority, independent of the City Council, with all the authority granted to municipal airport authorities under Title 67, Chapter 11, Parts 1, 2, and 3 Montana Code Anotated. SECTION VI. 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M '-4 U) •r-i U) M 0 S4 r-i t- O> 4J C 0 O A I U) I p (1) E 4-) a) > •r•I C >v kD S4 a) -H O 0 P 44 P Ln a) O a >+ a) •ri >+ O 0 �4 m - 44 S4 U Z 4J _ ra >I 1-4 s 4-4 U) n- ° a) a) 4-) a) Rf a) T7 U) U I U) C C to rl r-i o C a) S 4 a a 44 C a) 4-J En-i o U) -4 O . r S4 •r-i is U to '�4 >+ >4 CQ b o w U) oc'• °'0PC o mmo ma) •4 mEn m C o y C o 3 >4 G >� u a 0 0 u 04 Q4 ,0Q o i m � o >1 . r ° O� Er- � .H :j U _-i "D >r :3 T3 Q) U >+ --q U ° A 4-) o a � -H a QQ U i4 4-) '-1 4-) -q+j+j0 N Gw a0Q 4104-H0)>ro° x _4 L) � ° H Cal a) E 41 o _ ° � (a a) 0 T7 -0 U r- 4J .0 U2 Ti a) a) W -H a) = M +) "0 �4 _ O >r (o O •'•I 4J '0 +-) a) r� O • w G • 4 +-J •'-+ 4J 4J 41 a) O 4 O a) O $4 •-1 �4 +J -P 10 4-J • 4 .x > a) M :J �4 4J c o > 4J 4 O a) U M p o O v) = U A (a A a r-+ 0) .1 O >4 a) .0 4J .0 -H H fa n a) U �-4 a) >4 a —I O C3 'Q) A �' 41 .N O Pa � SZ ° H 1 H4j N �4 0 O U41 N � � � � +s O �4 O rn O U 41 O -4 �4 u) 0 4-) -0 a) O, r3 H O 41 4 4j OLo O >4 3 00 P W w vim) 4-)a aa) u)zs (a O U) cn A 04 -4 A A 3 0 x 0�1 To: Mayor & City Council From: Norb Donahue, Council Member Date: December 18, 1996 Re.: City Airport I believe we are all in agreement that the City airport should be developed and that the development should get going. The disagreement, if any, is in the vehicle to accomplish this. Both the ""Authority"" and a ""Commission"" has been discussed. I have reviewed the state statutes on the two procedures and prepared a comparison on many of the major issues between them and attached a copy hereto for your information. The "Commission" form can do everything the "Authority" can do, basically, without giving up City oversight in some measure. And, once created, the ""Authority"" can go off in its own direction but still has some power to require the City taxpayers to provide some funds for its operation. I don't think the general population of the City will look kindly on such an arrangement. Also, the "Commission" form requires that the members be City residents whereas the "Authority" members can be from anyplace and have no connection to the City except possibly economic. Future Councils could be very frustrated with an "Authority" yet be helpless to do anything about it. Once created, a "Commission" has some degree of independence but the City could retain sufficient control to prevent a runaway body than they could with an "Authority". The "Authority" can issue its own bonds but the "Commission" would have to act through the City to do so. With the City's record in bond financing, I'm sure it would be able to get a better rate of interest than an "Authority" that has no history whatsoever. An "Authority" may not be able to sell bonds at all because of its lack of history and liquid assets and, if it did, the City would have to underwrite them in case of default — this is extremely important! We also have to face the fact that down the line, possibly 15-20 years, the current airport may prove impractical and we (a future Council) would want to discontinue it. Under an "Authority", that would be most difficult to accomplish. Mayor and City Council Page 2 December 18, 1996 It is my feeling that the "Commission" form is the better for the best interests of the City and its citizens. Recruiting a "Commission" should not be too difficult and possibly there should be a couple members of the Council designated as members initially. At any rate, we should get moving on this project right away. cn ca (D 0 0 0 > 0 co 0 2 4 E E C a) 0 0 cn " (D �o :3 co 70 -6 4-; a) CL CD :3 0 c CD 0 a) 0) -0 E Q. C: O a) > -0 0 0 cn > m E a) 0- c a) 3: 0 CD x a) a (D o ,a E w 2 Q. U) C>O, :3 < 2 0 Q. 4- 0 z E U) V) a) 0 (D -2 E E c 0 L 0 L- 0 a ) a) 4.1 U) 0 U) co 2 o 0 7L5 a x 4- 0 Q. E 0 L- a) >N M (D -0 2 r_ w -t� co -0 CL -0 0 :3 0 0 0- a) Q) C: Cc U) 0 0 -0 -0 = 0) c cC: 0 0a) -0 (n Lp ca) tE 0 > 0 0 2 CL a) 0 -C =a U) a) cu U) (n a) U) m a) U) a) cm > a) :3 a) 0 ccm c U) to 3. a) a) CL 0) c w m -lid :t::: x w i5 0 2 0 CL 0 0 a) O. -0 c A= (D x w M -j Items for Consideration 1. Determination of composition and appointment criteria for Authority members. 2. Provision of matching funds and application for State Aeronautics grant and/or loan to cover cost of eastside fencing by January 31, 1997 deadline. 3. Commitment by City of two-year salary for part-time airport manager at approximately $1,000 per month plus negotiable benefits, based on experience. 4. Continued mowing, snow removal, incidental maintenance, and security, fire and ambulance services as at present by City at no cost to the Authority for 22 years, subject to periodic negotiation. 5. Continued insurance, secretarial, accounting, personnel and legal services as at present by City at no cost to Authority for 22 years, subject to periodic negotiation. 6. Transfer title of all City -owned airport property to the Authority after any necessary initial sales (specifically including Daley Field), and also transfer existing leases within the City Airport boundary. 7. Facilitation by the City of zoning and annexations to implement Airport Neighborhood Plan, and final "Airport Layout Plan" acceptable to FAA, using target of the "B-II/visual" standards. 8. Timely transfer of all current airport funds, accounts receivable, and revenue sources including airport TIF funds to the Authority. Interim budget preparation by the City. 9. Clearing of all encroachments on City airport property at any point, but especially along south and southeast boundary, and simple fencing to be installed by the City. (Possible volunteer assistance.) 10. Purchase (or lease -purchase) of Thomas hangar by City to be accomplished and transferred to Authority. 11. Provision to be made for Authority to terminate itself in a reasonable time in event of insolvency, with return of all assets to the City. (No reference for this found in MCA.) To: Mayor & City Council From: Kalispell City Airport Advisory Board Date: December 11, 1996 Re.: Recommendations; Formation of Independent Authority Based on the December 2 meeting of City representatives, Advisory Board, State Aeronautics Director and FAA representatives; and, review of all relevant information available, the consensus recommendations of the Board are the following: 1. That the independent Airport Authority be created in January, 1997 under provision of title 671 Chapter 11, MCA. 2. That the City and the prospective appointees to the Authority develop an acceptable TRANSITION PLAN spanning the next 2Z years, including, but not limited to items on the attached list. 3. That the City defer the planned initial airport capital expenditure items scheduled from proceeds of land sales, so as to accomplish land acquisitions required by FAA standards for obstacle clear areas. 4. That the Authority promptly develop and implement appropriate agreements with commercial "on -airport" and "through -fence" users delineating rules and fees in an equitable fashion. 5. That the City and Authority investigate and pursue all possibilities for relocation of KGEZ radio towers. 6. That the Authority proceed with planned leasing of west side properties as soon as possible in order to improve revenue. These items appear to the Advisory Board as essential in order to meet FAA expectations, so that early "NPIAS" (National Plan of Integrated Airport Systems) listing can be accomplished, and so that the "window of opportunity" for "AIP" (Airport Improvement Program) funding can be achieved. If the City Council continues as the Airport Authority after January, 1997, the Advisory Board recommends that the Council as the "de facto" Authority address items 2 through 6 above and the TRANSFER PLAN immediately, recognizing that considerable individual and collective effort and time will be involved. �cc1C�1� O �j �J Incorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 Mayor Post Office Box 1997 Kalispell, Montana Clarence W. Krepps Zip 59903-1997 City Manager City Council Members: January 9, 1997 Gary W. Nystul Ward I Cliff Collins Mayor Douglas D. Rauthe Wardl and City Council Members Norbert F. Donahue City of Kalispell Ward II Dale Haarr Ward II The Airport Advisory Board met January 8 to discuss the current Jim Atkinson T.I.F./Authority situation. Ward III We are all very disappointed that an independent authority could Lauren Granmo Ward III not be formed at this time. It is our goal to seek as much progress as soon as possible for the Kalispell City Airport. We Pamela B. Kennedy felt, as you know, that an independent airport authority is the Ward IV best way to accomplish this. M. Duane Larson Ward IV In light of recent developments, we have voted as a board, and feel that the best course of action at this time is for the Council to remain as Authority with the Advisory Board in place. Once the airport improvements are completed, then an independent authority could take over. This will allow management of the airport to begin, and it is the best way to qualify for State and Federal grants. We will all try to attend Monday's Council Work Session to assist with your decision. Sincerely, Gilbert K. Bissell Chairman Airport Advisory Board GKB/ksk City of Kalispell Minutes from January 8, 1997 Meeting The meeting began at 4:00 p.m. Present were: Mike Baker, Clarence Krepps, and Kathy Kuhlin (staff); Gib Bissell, Reed Lamb, Jim Lynch, Tom Reynolds, and Keith Robinson (board); Jay and Winston Major from Aero-Craftsman, Inc.; Bill Heuson from Diamond Air; and Rick Hull from The Daily Inter Lake. Gib updated the board regarding the meeting with the FAA. Also discussed his meeting with KGEZ radio station regarding the radio towers. KGEZ provided a letter clarifying that they met with the board and are willing to work with us regarding the radio towers. FAA writing a letter stating forming a commission or authority. Question as to land availability to relocate one of the towers. FAA will request the City buy the land acquisition and they would do the infrastructure. Acquire land that could plan for the B-2 rating. Specifically say we have began communicating with the radio station as to the towers. The bonding attorney says we can not transfer any TIF money to the authority. Concerns of the committee were the fact that very little headway has been made, and that airport may become a low priority. Discussion was held on the sale versus lease of Daley Field. The committee felt that the sale of Daley Field to raise revenue is best option. Mike will complete the Montana Aeronautics 50/50 grant with the help of Advisory Board for $50,000. Clarence will recommend the Council stay with the Advisory Board. Jim moves for the Airport Advisory Board to continue in an advisory capacity and the Council would remain as the Authority. Keith seconded the motion. Discussion between authority versus commission with a 4-1 vote in favor of keeping the present status. A special meeting will be held Tuesday, January 21, 1997 at 4:00 p.m. to discuss Council action and lease activity. Kathy Kuhlin Recording Secretary X- U. S. Department of Transportation Federal Aviation Administration January 7, 1997 The Honorable Douglas D. Rauthe Mayor, City of Kalispell P. O. Box 1997 Kalispell, MT 59903-1997 Dear Mayor Rauthe: AIRPORTS DISTRICT OFFICE 2725 Skyway Drive, Suite 2 Helena, MT 59601 This letter is to state our thoughts regarding FAA support of airport development at the Kalispell City Airport as discussed with you and members of the local aviation community during the December 2, 1996 meeting in Kalispell. At that meeting we handed out a list containing items of concern for us and a copy of that list is attached for reference. We also continue to have concerns about the location of this airport in relation to the community and the potential for noise and land use problems. Nevertheless, we indicated we would consider providing our financial support for on airport development items (runway, taxiway and apron pavements, lighting, marking, fencing and visual approach aids) if the airport sponsor was able to purchase necessary land and come to reasonable resolution on the radio towers issue. We discussed what was a "reasonable" resolution and conclude that ideally both towers should be removed, but as a minimum the tower located closest to the extended runway centerline would require removal (or lowering) and we would need to conduct an airspace review on any proposal to leave the remaining tower in place. The results of this airspace review could impact the degree of our support. We also commented that it would prudent to wait to acquire any land until it is known what will be involved with the tower(s) and will the cost of the resolution be such that it would impact our involvement. We anticipate that most if not all of the land costs and the tower(s) issue will be primarily be funded with the funds derived from the sale of other city owned land and without our participation. The items of concern for us as shown on the attached list will also need to be resolved to our satisfaction prior to airport development funding support. We indicated at the meeting the issue of sponsorship needs to be resolved early on in the process so we know who will be the sponsor and that the sponsor can be dealing with the various issues. We copy of the PLAN and presume the January 23, 1996 date for the redevelopment plan is current. Would you please send a copy of the PLAN and a more current version of the redevelopment plan if one exists. Please advise us on your progress to date on sponsorship, what you plan to do regarding the various issues you face and if you are interested in an airport master planning project. Without the master planning effort we don't know how all of the issues will be resolved as you will need assistance and our resources are such that we will be only able to provide basic reviews with very minimal detailed assistance. Sincerely, Z,/ P 4,4,4- David P. Gabbert Manager cc: Gilbert Bissell KALISPELL CITY AIRPORT 12/2/96 ITEMS OF CONCERN FOR FAA o COMMUNITY SUPPORT - non aviation portion of entire community. o SPONSORSHIP - who; land ownership; maintenance and operational capability. o FINANCIAL CAPABILITY - taxing authority; revenue generation potential. o OFF AIRPORT LAND USE CONTROLS - positive and aggressive; partnership between authority and city/county? o ON AIRPORT PRIVATE ACCESS - subordinate to airport; safety; revenue positive. o RADIO TOWERS/APPROACH PROTECTION - how to resolve. o LONG TERM VIABILITY OF AIRPORT