105 West Capitol Avenue
Mo
DOT
P.O. Box 270
____________________________________________
Jefferson City, Missouri 5102
Missouri Department of Transportation 573.751.2551
David B. Nichols, Director Fax: 573.751.6555
1.888.ASK
MODOT (275.6636)
May
21, 2013
Mr.
Rick Childers
City Administrator
City of St. Clair
#1 Paul Parks Drive
St. Clair, MO 63077
Re:
St. Clair Regional Airport
March 26, 201 3 Correspondence
Dear
Mr. Childers:
Thank
you for your March 26, 201 3 letter. The corrective actions described in your
letter demonstrate that the City has made significant progress in addressing
the action items contained in my December 21 , 2012 letters and Jim Johnson’s December 28, 2012
letter.
However,
there are still a few items that must be addressed in order for the City’s
corrective action plan to be accepted by MoDOT and the Federal Aviation
Administration (FAA). The purpose of this letter is to outline the items which
require additional action and to provide the City with guidance to ensure that
its corrective action plan is accepted.
Routine Maintenance Items
For
Item 1, “Grass and Weeds in Cracks on Runway and Apron”, the City’s response
suggests that pavement cracks are only sprayed once a year. However, if weeds
begin to grow out of pavement cracks after the annual spraying has occurred,
these weeds should be sprayed as needed. An acceptable corrective action plan
will include a commitment from the City to ongoing routine
maintenance of grass and weeds in cracks on pavement surfaces.
For
Item 4, “Rotating Beacon Inoperative”, and Item 7, “Runway Lights Broken and
Mounted Improperly”, ongoing routine maintenance must continue regardless of the
status of negotiations on the City’s closure request. An acceptable
corrective action plan will include a commitment from the City to ongoing
routine maintenance of the rotating beacon and the runway lighting system and
will not condition that commitment on the outcome of closure discussions.
Compliance Plan Correspondence
For Item 3, which relates to main hangar storage, the actions proposed are
acceptable and address the compliance issues raised, but additional information
is
Our mission
is to provide a world-class
transportation experience that delights our customers and promotes a prosperous Missouri.
Mr. Rick
Childers
Page 2
May 21, 2013
needed for MoDOT and the FAA to accept the City’s corrective action plan for
this item. Please provide me with documentation demonstrating that the $ 11,700
transfer to the new airport account has occurred. Please also provide
documentation of the public auction to sell any items remaining in the hangar
and documentation demonstrating that the auction proceeds were transferred to
the new airport account.
For Item 4, which relates to Air Evac’s lease, MoDOT and the FAA agree that
inclusion of a CPI indexing clause in the next Air Evac lease will help to
ensure that Air Evac’s monthly rental rate reflects current economic
conditions. MoDOT and the FAA also agree that different categories of tenants
can have different rental rates, so long as a consistent methodology is
utilized to establish fees for
comparable aeronautical users of the airport.
Although the City’s letter indicates it will include a CPI indexing clause in
its next lease agreement with Air Evac, the letter does not state whether the
base monthly rental rate for Air Evac will increase from $300/month when the
Air Evac lease is next negotiated. Without this information, MoDOT and the FAA
cannot determine whether the City’s proposed corrective action plan for Item 4
is acceptable.
The City’s March 26 letter stated that its lease rates reflect a variety of
factors that differentiate certain types of tenants from one another. The
differences between Air Evac and the fixed wing tenants may substantiate
different rental structures for businesses operating at the airport and for
other fixed wing tenants, but without any type of documentation outlining the
City’s rental structure for businesses
operating at the airport, MoDOT and the FAA cannot determine whether Air
Evac’s lease agreement is consistent with such rental structure.
In order to address the remaining questions relating to Item 4, any future Air
Evac leases should reflect a similar percentage increase in the base monthly
rate to the increases experienced by other tenants from 2007-2013 pursuant to
Title 49 United States Code Section 47107. In the alternative, the City should
provide its cost allocation methodology for its rental rates. This methodology
should be consistent with the FAA’s Rates and Charges Policy.
MoDOT is available to work with the
City to address these remaining corrective action plan items and to identify
steps the City can take to ensure future compliance. If you have any questions,
please do not hesitate to contact me. As soon as a response is received on
these remaining items, I will coordinate with the FAA to determine whether the
City’s corrective action plan is acceptable.
Sincerely,
Amy Ludwig
Administrator of Aviation
cc: Mr. Jim Johnson, Federal Aviation Administration
Ms. Lynn Martin, Federal Aviation Administration