Suzy Ageton George Karakehian KC Becker Tim ... - City of Boulder

FAA Issues with RTTF: The FAA has a history of concerns about airports with RTTFs
because of the safety issues related to airplanes traversing airport property outside of
approved taxiways. Since 1989, the FAA has strongly discouraged RTTFs. In 2009, it
determined that all RTTFs should be eliminated due to widespread compliance issues.
There was an outcry by users of airports where RTTFs used established taxiways and
believed they should not be regulated because of RTTFs that created dangerous access
routes to an airport. The proponents of RTTFs worked with members of Congress to
introduce a bill that would allow RTTFs under certain circumstances.
Rather than implement the 2009 decision by the 2011 deadline, the FAA determined it
needed additional time to evaluate all RTTFs at airports around the country, and adopted
an interim policy that requires airports to submit proof that current RTTFs meet federal
requirements as a prerequisite to receiving FAA funds starting in 2012. The Boulder
airport relies on FAA funds that it would receive in 2013, but cannot meet the terms of
the interim policy with the existing RTTF because of the safety violations created by the
location of the existing RTTF.
Property Owners Regarding RTTF: According to FAA regulations, the RTTF owner is
responsible for infrastructure improvements involving RTTF compliance. Since 2006,
when the current owners bought the property and made plans to build a hangar and
increase the use of the RTTF, the city has made numerous attempts to work with the
owner of the RTTF to either acquire the RTTF interest or acquire the entire parcel.
When the bill was introduced to allow RTTFs under certain circumstances, the city
offered not to oppose the 5864 Rustic Knolls property owner’s use of the RTTF if it
complied with the terms of the bill. The first step of that process would be for the
landowner to obtain approval from the FAA for construction of a safe taxiway from the
RTTF to the airport taxiway. The city has also requested that the owner comply with
other FAA requirements, such as establishing an expiration date on the RTTF and
implementing access fees. All of those offers and requests have been refused by the land
owner.
Since 2008, the owners have obtained approval from the county to build a residence and a
hangar on the property, obtained a building permit, and drilled a well on the property.
However, there has been no attempt to use the building permit and it has since expired.
The city has made several efforts to acquire the property or the RTTF by agreement, but
those efforts have been unsuccessful.
CDOT Funding: When the FAA interim policy was adopted and there did not appear to
be any resolution available with the property owner, the city sought and obtained grant
funds from the Colorado Department of Transportation (“CDOT”) of up to $300,000
(with a required $30,000 match by the city) to acquire the entire property.
CDOT’s interest in the entire property, rather than just the RTTF interests, relates to its
policy to acquire properties surrounding airports that are in the safety zone around
runways. The FAA also encourages airports to obtain property around the airport to
provide a development, noise, and safety buffer; this property is the logical next
Agenda Item 3N Page 4