DEPARTMENT: Aviation
DEPARTMENT HEAD: Russell J. Handy
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Memorandum of Understanding with the Federal Aviation Administration for the Operation of the Air Traffic Control Tower at Stinson Municipal Airport
SUMMARY:
City Council consideration of an ordinance authorizing a Memorandum of Understanding with the Federal Aviation Administration outlining the roles and responsibilities of the operation of the new air traffic control tower at Stinson Municipal Airport. The FAA provides air traffic control tower services for Stinson through an air traffic control tower services provider.
BACKGROUND INFORMATION:
The FAA has operated the air traffic control tower at Stinson since 1953 through a series of lease agreements as the tower was part of the terminal building. With the construction and operation of a separate tower, that became operational in December 2018, the FAA sent the City in August 2019 the proposed MOU to supersede the lease agreement the FAA approved by City Council in September 2008 through Ordinance No. 2008-09-18-0815. While the FAA contributed more than $2 million to the project, the facility is owned and maintained by the Aviation Department.
In the past, the FAA and City utilized a lease agreement as the air traffic control tower was part of the terminal building at Stinson. The new air traffic control tower is in operation across the airfield from the terminal building, therefore, a lease agreement is no longer the appropriate mechanism and the proposed MOU will supersede the 2008 lease agreement approved by City Council. The proposed MOU will be automatically renewed annually and will not obligate funds by either party.
ISSUE:
The proposed MOU outlines the following responsibilities for the FAA and the City regarding the operation of the air traffic control tower at Stinson. As in the past, the FAA will continue to operate the air traffic control tower through a contractual agreement with a FAA-approved provider subject to the availability of funds. The provider will continue to collect traffic data during its operation hours, from 7 a.m. to 10 p.m., which can be adjusted in accordance with FAA standards, regulations and policies. After 10 p.m., an automated communications system is in operation. The FAA will continue maintain its equipment and conduct periodic security inspections. The FAA will conduct annual occupational safety and health inspections for any employee of the provider acting at a FAA employee’s duty station.
The City will continue to maintain the air traffic control tower in accordance with all applicable state and local codes, standards and regulations as required of all City-owned facilities. The City will continue to provide the maintenance of all equipment that the FAA determines is necessary for tower’s operations, including equipment that cannot be controlled from the building, including airport lighting or obstruction lights as well as the security and access to the tower. The City will provide, maintain, replace and inspect non-FAA-owned tower equipment such as the elevator and fire safety system.
One change from the 2008 Lease Agreement is Aviation Department providing janitorial services, including washing the tower cab windows and shades, as well as the utility costs and services. These funds are funded by Aviation’s Operating and Maintenance Fund.
If adequate annual appropriations by the Federal Government are not provided, the FAA may terminate this agreement without penalty. In addition, either party may terminate the agreement at any time with or without cause and without incurring any liability of obligation to the terminated party by providing written notice in at least 90 days prior to termination.
ALTERNATIVES:
City Council could elect to not authorize the MOU with the FAA for the operation of the air traffic control tower at Stinson. However, the FAA reserves the right to withdraw its funding for the FAA air traffic control services at Stinson if the City does not comply with the terms of this agreement.
FISCAL IMPACT:
This ordinance authorizes the MOU with the FAA to outline the roles and responsibilities of both parties at the Stinson Municipal Airport for the operation of the Air Traffic Control Tower. The agreement will automatically renew annually and no funds are obligated by the agreement. Both the FAA and City will bear the full cost it incurs in performing, managing, and administering its responsibilities under this MOU. The FAA will pay for the services of a contract air traffic control tower provider and the associated equipment necessary to those operations, while the City will provide for the maintenance of the facility and non-air traffic control tower equipment.
RECOMMENDATION:
Staff recommends the approval of the MOU with the FAA outlining the roles and responsibilities of both the FAA and City in the operation of the air traffic control tower at Stinson.