E9. Locomotive DonationCITY OF
KALISPELL
Report To: Doug Russell, City Manager
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7700 Fax - (406) 758-7758
From: Katharine King, Assistant Director Community Development
Subject: Locomotive Donation to Kalispell Parkline Trail
Meeting Date: March 16, 2020
BACKGROUND: Mission Mountain Railroad has pledged to donate, place and decommission an old
locally used locomotive for use on the Kalispell Parkline. In exchange for the donation, the City will trade
parts to seven railroad signal systems that the City will acquire with the right-of-way acquisition. The
locomotive was seen at the Glacier Rail Park ribbon cutting event in 2018 and an image is attached to this
memorandum. Per the July 2017, Environmental Assessment Section 106 Memorandum of Agreement
(MOA) Section III. B. 1., between multiple parties and the City of Kalispell, optional measures may be
taken to mitigate the removal of rail line. In the intervening two years since this agreement was executed,
the City has embarked on a trail design public process and is utilizing the professional design and
engineering services of consultants for the trail under the USDOT TIGER grant originally awarded in 2015.
The Trail & Complete Streets Concept Design Report created in 2019 for this TIGER funded project
utilized public input gathered through the June 2018 Deep Dive events. Considering public input that a train
locomotive is of significant size such that it would be an obstruction to public events at Depot Park if placed
as considered in the MOA, the design report recommends placement of a train locomotive to the east of 4r'
Avenue East.
The locomotive to be donated would be placed on existing track in the BNSF right of way being acquired
by the City through a Rail Banking and Sale Agreement with BNSF. The locomotive is to be placed east of
the east side of 4r' Avenue East and positioned as though heading westward, into Kalispell. Pending
community donations, grants, or other sources of funding, the locomotive is to be painted and fitted for
public access to the structure. In the interim period the locomotive will be closed off from access.
RECOMMENDATION: Authorize the City Manager to accept the proposed donation from Mission
Mountain Rail - a locomotive to be decommissioned and placed in the Kalispell Parkline on existing railroad
track and secured for public safety and donate back to Mission Mountain Railroad parts to seven railroad
signal systems.
FISCAL EFFECTS: The $40,000.00 value of the locomotive and $1,200.00 value of decommissioning
is to be donated by Mission Mountain Railroad and incurred by the City of Kalispell as an asset. Further,
the City of Kalispell will donate back to Mission Mountain Railroad parts to seven railroad signal systems.
ALTERNATIVES: Reject donation of locomotive from Mission Mountain Railroad for placement on
the Kalispell Parkline.
ATTACHMENTS: Mission Mountain Railroad donation letter
Photo of railroad locomotive proposed for donation
Trail design locomotive placement concept
Memorandum of Agreement, Montana State Historic Preservation Office
Mission Mountain Railroad
176 Veterans Drive
Columbia Falls, MT 59901
(406) 892-3293
March 10, 2020
Mayor Mark Johnson
City of Kalispell
201 First Avenue Fast
Kalispell, MT 59901
Dear Mayor Johnson,
The purpose of this letter is to affirm The Mission Mountain Railroad's (MMT) commitment to work with
the City of Kalispell, MT, to trade a locomotive owned by the MMT for certain railroad signal parts and
equipment owned by the City of Kalispell.
As part of this arrangement, it is the MMT's intent to trade locomotive WAMX 1214 for parts to seven
railroad signal systems to be determined at a later time. This trade shall include the placement,
decommissioning and securement of the locomotive on existing railroad tracks owned by The Burlington
Northern & Santa Fa Railroad (BNSF) at a site to be designated by the City of Kalispell.
Please be advised that the value of the locomotive is $40,000. The decommissioning, placement and
securement of the locomotive is valued at $1,200.
Please note that the donation, decommissioning, placement and securement of the locomotive will be
completed by March 31, 2020.
Sincerely,
Kyle Jeschke
General Manager
Mission Mountain Railroad
Example of historic Great Northern colors.
Alrpo- 4A
MEMORANDUM OF AGREEMENT
AMONG
THE FEDERAL RAILROAD ADMINISTRATION
THE MONTANA STATE HISTORIC PRESERVATION OFFICER
THE CITY OF KALISPELL, MONTANA
THE SURFACE TRANSPORTATION BOARD
AND
THE NORTHWEST MONTANA HISTORICAL SOCIETY
REGARDING
THE GLACIER RAIL PARKIKALISPELL CORE AREA DEVELOPMENT AND
TRAIL PROJECT
KALISPELL, FLATHEAD COUNTY, MONTANA
WHEREAS, the City of Kalispell, Montana, (City) proposes to construct the
Glacier Rail Park/Kalispell Core Area Development and Trail Project (Project or
Undertaking) located in the City of Kalispell, Flathead County, Montana; and
WHEREAS, the Project consists of the following two phases: construction and
operation of the new Glacier Rail Park (Rail Park), which will include 10,000 linear feet of
new rail to serve industrial users in the rail park and provide anew rail turnaround adjacent
to the rail park allowing for the removal of the original track in Kalispell; improvements to
access roads on the north and east sides of the new Rail Park; traffic signal and roadway
improvements for truck access to Montana Highway 2; and installation of utilities to each
lot in the Rail Park to provide access to City water and sewer, power, gas and fiber optics
(herein after referred to as Phase I); and a rail -to -trail component known as the Kalispell
Trail, which will include the removal of nearly two miles of existing rail line from
milepost 1225.19 to the west side of Meridian Street at milepost 1226.79, conversion of
the existing rail bridge to accommodate bicycle and pedestrian use, construction of a
public use recreational trail in the abandoned railroad right-of-way (ROW), and the
construction of two complete street connections in the Kalispell Core Area (herein after
referred to as Phase II); and
WHEREAS, Phase I of the Project must be constructed and operational, with rail
traffic moved off the existing rail line, the existing rail line abandoned by BNSF Railway
Company (the owner of the rail line) through a process involving the Surface
Transportation Board (STB), and the ROW acquired by the City, before the City can
construct Phase II of the Project; and
WHEREAS, the U.S. Department of Transportation (USDOT) has selected the
City to receive Fiscal Year 2015 grant funding for construction of the Project (both Phase
I and Phase II) under its Transportation Investment Generating Economic Recovery
(TIGER) Program, and the Federal Railroad Administration (FRA), an operating
administration of USDOT, is administering the TIGER grant; and
WHEREAS the Project is an "Undertaking" under Section 106 of the National
Historic Preservation Act, as amended (54 U.S.C. § 306108) ("Section 106") and FRA is
the lead federal agency responsible for compliance with Section 106 and its implementing
regulations promulgated by the Advisory Council on Historic Preservation (ACHP) (36
CFR Part 800) for the Project; and
WHEREAS, FRA, in a letter dated March 15, 2016, initiated Section 106
consultation with the Montana State Historic Officer (MT SHPO) as required by the Section
106 regulations and FRA has continued to consult with MT SHPO through the subsequent
steps of the Section 106 process; and
WHEREAS, FRA proposed an area of potential effects (APE), as defined in 36 CFR
§ 800.16(d), to account for direct and indirect effects of both Phase I and Phase II of the
Project, and MT SHPO concurred with the APE in an email dated May 23, 2016; and
WHEREAS, in letters dated May 16, 2016, FRA notified the following federally -
recognized Native American tribes about the Project and invited them to consult: the
Confederated Salish and Kootenai Tribes of the Flathead Nation, Fort Belknap Indian
Community of the Fort Belknap Reservation of Montana, Crow Tribe of Montana, Apache
Tribe of Oklahoma, and Blackfeet Nation; of those contacted, the Confederated Salish and
Kootenai Tribes of the Flathead Nation responded in a letter dated June 28, 2016 indicating
that it was not aware of any sites of interest in the APE and expressed approval of the Project;
and none of the other tribes responded; and
WHEREAS, FRA, in emails sent on April 26, 2016, February 23, 2017, and
March 10, 2017, invited the Northwest Montana Historical Society (Historical Society),
the Kalispell Business Improvement District (KBID), the Flathead County Economic
Development Authority (FCEDA), and the Great Northern Railway Historical Society
(GNRHS) to participate in Section 106 consultation, and the Historical Society, KBID, and
FCEDA accepted the invitation to consult and GNRHS declined the invitation to consult;
and
WHEREAS, FRA has invited the City to sign this Memorandum of Agreement
(MOA) as an Invited Signatory because the City would be the recipient of the TIGER
funding and, as such, would have responsibility for implementing mitigation
commitments specified herein, and the City has accepted; and
WHEREAS, FRA has invited the Historical Society to sign this MOA as an
Invited Signatory because it may have responsibility for assisting the City in
implementing certain mitigation commitments specified herein, and the Historical
Society has accepted; and
WHEREAS, FRA has invited KBID and FCEDA to participate in this MOA as
Concurring Parties, and KBID has accepted to be a Concurring Party and FCEDA will
remain a Consulting Party; and
WHEREAS, in a letter dated April 5, 2017 and as allowable under the Section 106
regulations at 36 800.2(a)(2), STB designated FRA as the lead federal agency to fulfil
2
STB's and FRA's collective Section 106 responsibilities with regard to the portion of the
BNSF-owned rail line that is the subject of the rail -to -trail phase of the Project; and
WHEREAS, STB remains responsible for Section 106 compliance for its
abandonment action regarding the portion of the BNSF-owned rail line that is not part of
the TIGER project; and
WHEREAS, has invited STB to sign this MOA as an Invited Signatory and STB
has accepted; and
WHEREAS, the City's consultants conducted cultural resources investigations for
both phases of the Project, which resulted in two reports (Class III Cultural Resource
Investigations of the Glacier Rail Park in Kalispell, Montana, Phase I, Parcels A&B,
Historical Discoveries, March 2016; Section 106 Cultural Resources Inventory, Glacier
Rail Park/Kalispell Core Area Development and Trail Project City of Kalispell, Flathead
County, Montana, Rabbitbrush Archaeological Services, LLC, December 2016); and
WHEREAS, FRA has identified historic archaeological and architectural
properties in the APE which include the following architectural properties listed on or
eligible for listing on the National Register of Historic Places (NRHP): the Woodland
Park - Eastside Historic District, the Great Northern Railroad, the Kalispell Flour Mill,
the Great Northern Railway Depot, and the Flathead Wholesale Grocery, and FRA
presented its findings in a letter to MT SHPO dated February 22, 2017 and MT SHPO
concurred with FRA's findings in a letter dated March 14, 2017; and
WHEREAS, FRA, as documented its letter of February 22, 2017, has determined
that Phase I of the Project will have No Effect on historic properties and Phase II of the
Project will have No Adverse Effect on Woodland Park - Eastside Historic District, and
MT SHPO concurred with these determinations in its letter of March 14, 2017; and
WHEREAS, FRA, as documented in its letter of February 22, 2017, has
determined that Phase II of the Project will have an adverse effect on the Great Northern
Railroad and on the Kalispell Flour Mill, the Great Northern Railway Depot, and the
Flathead Wholesale Grocery, which are three architectural properties adjacent to the
railroad ROW and were historically associated with the Great Northern Railroad, and
MT SHPO concurred with FRA's adverse effect determination in its letter of March 14,
2017; and
WHEREAS, based on the information contained in the aforementioned reports
and because all ground -disturbing activities necessary to construct the Project will occur
in areas disturbed by previous construction, FRA has determined that no further
archaeological investigations are necessary for the Project; and
WHEREAS, in accordance with 36 CFR § 800.6(a)(1), FRA notified the ACHP
on April 12, 2017 of its adverse effect determination with specified documentation
utilizing ACHP's e106 notification system, and ACHP responded to FRA in a letter
dated April 19, 2017, that it has chosen not to participate in the consultation pursuant to
36 CFR § 800.6(a)(1)(iii); and
NOW, THEREFORE, FRA, MT SHPO, the City, STB, and the Historical
Society (each, a Signatory and together the Signatories) agree that the Undertaking will
be implemented in accordance with the following stipulations in order to take into
account the effect of the Undertaking on historic properties.
STIPULATIONS
FRA and the City will ensure that the following measures are carried out:
L PERSONNEL QUALIFICATION STANDARDS
The City will ensure that all historic preservation and documentation work is carried
out by or under the direct supervision of a person or persons meeting at a minimum the
Secretary of the Interior's Professional Qualification Standards for Historians or
Architectural Historians (48 FR 44738-9).
III. NHTIGATION
A. The following mitigation measures are required as part of FRA's approval of
the Project:
Interpretive Signage
(a) The Historical Society will review its collection to determine if it has
information relevant to the history of the Great Northern Railroad and
the importance the railroad played in the development and history of the
City of Kalispell and surrounding region.
(b) If available, the Historical Society will provide the information identified
in Stipulation IILA.I(a) to the City for the City's use, at its discretion, in
developing narrative and/or pictorial content for the interpretive signage
(see Stipulation III.A.3).
(c) The City will develop narrative and pictorial content for and install
interpretive signage at the following locations along the Kalispell Trail
(see Attachment A for a map of the proposed signage locations):
i. South of milepost 1225.19 and at the north end of the bridge
crossing Highway 93. This sign will mark the trailhead and
provide an introduction to the Kalispell Trail, including a history
of when rail service first came to the Kalispell area in the late
1880s and an explanation of when and why a new rail route 11
years later resulted in moving service to a spur line.
4
ii. Flathead Electric Coop Substation, located roughly at the
northwestern edge of Woodland Park. This sign will highlight the
contributions of the Conrad Family as a founding family of the
Kalispell community.
iii. Depot Park. This sign will highlight the history of the extant
former Great Northern Railway Depot.
iv. Former location of the Flathead Lake Cherry Growers
Association Warehouse, located at 20 North Main Street. This
sign will highlight the important role of the railroad in shipping
sweet cherries and the historic importance of this agricultural
product in the regional economy, with the railroad, beginning in
1910, advertising the area for settlement based on its potential for
growing fruit in the temperate climate and Flathead County
becoming the fourth largest sweet cherry producing region in the
country by the 1940s.
v. Grain Elevators located at 505 West Center Street. This sign
will highlight the history of the extant structures and the historic
importance of agriculture in the regional economy.
vi. Roughly at Meridian Street north of West Center Street and
south of Appleway. This sign will highlight the history of the
timber industry as well as the mill and log pond formerly located
in this area.
(d) The City will provide drafts of the narrative and pictorial content of
each sign to the Signatories and Concurring Party for review and
comment in accordance with Stipulation IV.
2. Retention in Place of a Segment of Railroad Track
(a) The City will retain approximately 60 feet of railroad track in place at
Depot Park, to highlight the historic association between the former
railroad the Great Northern Railway Depot.
(b) Planting of Cherry Trees
(a) The City will plant cherry trees interspersed along the Kalispell Trail,
with emphasis in the former location of the Flathead Lake Cherry
Growers Association Warehouse at 20 North Main Street.
B. Additional optional mitigation measures. Subject to the availability of future
funding and public support, the City may implement one or more of the following
mitigation measures:
1. Acquisition of a decommissioned a rail car to be placed on the segment of track
that is retained in place adjacent to Depot Park (see Stipulation III.A.2); and/or,
2. Commissioning for the design and installation of public artwork, to be placed
along the Kalispell Trail, that is reflective of the City's railroading history;
and/or
3. Commissioning for the design and installation of a water feature(s), such as a
fountain or splash park, to be located along the Kalispell Trail.
If Stipulations IILB. 2 and/or III.B.3 are pursued, the City will provide drafts of the
design of the public artwork and/or water feature(s) to the Signatories and Concurring Parry
for review and comment in accordance with Stipulation IV.
IV. PREPARATION AND REVIEW OF DOCUMENTS
The Signatories and Concurring Party agree to provide comments on all documents and
materials arising from this MOA to the City within thirty (30) calendar days of
receiving the submission. If the City does not receive such comments within the thirty
(30) calendar -day review period, the City may assume that the non -responding party
has no comments or objections. Where necessary, the City will consult with any
responding party to ensure it appropriately considers all comments received within the
thirty (30) calendar -day review period before implementing the mitigation measure.
V. EFFECTIVE DATE
This MOA will be effective as of the date of its execution by all Signatories.
VI. DURATION
This MOA will expire if its terms are not carried out within ten (10) years from the date
of its execution. Prior to such time, FRA and the City may consult with the other
Signatories to reconsider the terms of the MOA and amend it in accordance with
Stipulation X below.
VIL CHANGES TO PROJECT DESIGN
If the City proposes changes to the Project that may result in additional or new effects
on historic properties, the City will notify FRA and MT SHPO of such changes.
Before the City takes any action that may result in additional or new effects on historic
properties, FRA, MT SHPO, the City, and other consulting parties as appropriate, will
consult to determine the appropriate course of action. This may include, as appropriate,
revision to the APE, assessment of effects to historic properties, and treatment
measures to resolve adverse effects.
VIIL POST -REVIEW DISCOVERIES
If properties are discovered during Project construction that may be historically
significant or unanticipated effects on historic properties are identified, FRA and
the City will comply with 36 CFR § 800.13 by consulting with MT SHPO and, if
applicable, federally recognized tribal organizations that may attach religious
and/or cultural significance to the affected property; and by developing and
implementing avoidance, minimization, or mitigation measures with the
concurrence of MT SHPO and, if applicable, federally recognized tribal
organizations.
VIIL MONITORING AND REPORTING
Each year following the execution of this MOA until it expires or is terminated, the
City will provide the other Signatories and Concurring Party a summary report
detailing work undertaken pursuant to the MOA's terms. This report will include any
scheduling changes proposed, any problems encountered, and any disputes or
objections received in the City's efforts to carry out the terms of this MOA.
IX. ADOPTABILITY
In the event that another federal agency not initially a party to this MOA receives an
application for funding, license, permit or other approval for the Project as described in
this MOA, that agency may fulfill its Section 106 responsibilities by notifying the
Signatories that it concurs with the terms of this MOA and that it intends to rely on this
MOA.
X. DISPUTE RESOLUTION
Should any Signatory or Concurring Party to this MOA object at any time to the
manner in which the terms of this MOA are implemented, it will notify FRA in writing
and FRA will then consult with that party to resolve the objection. If FRA determines
that such objection cannot be resolved within thirty (30) calendar days, FRA will:
A. Forward all documentation relevant to the dispute, including FRA's proposed
resolution, to the ACHP with a copy to the other Signatories and Concurring
Party to this MOA, and request that the ACHP provide FRA with its advice on
the resolution of the objection within thirty (30) calendar days of receiving the
documentation.
B. If the ACHP does not provide its advice regarding the dispute within the thirty
(30) calendar day time period, FRA may make a decision on the dispute and
proceed accordingly.
C. FRA will document its decision in a written response to the objection that
takes into account any timely comments regarding the dispute from the
Signatories and Concurring Party and will provide the ACHP, Signatories, and
Concurring Party with a copy of such written response.
D. FRA may then proceed according to its decision.
E. The Signatories remain responsible for carrying out all other actions subject to
the terms of this MOA that are not the subject of the dispute.
XI. AMENDMENTS
This MOA may be amended when such an amendment is agreed to in writing by all
Signatories. The amendment will be effective on the date a copy signed by all of the
Signatories is filed with ACHP.
XIL TERNIINATION
If any Signatory to this MOA determines that its terms will not or cannot be carried out,
that Signatory will immediately consult with the other Signatories to attempt to develop
an amendment per Stipulation XI, above. If within thirty (30) calendar days (or another
time period agreed to by all Signatories) an amendment cannot be reached, any
Signatory may terminate the MOA upon written notification to the other Signatories.
Once the MOA is terminated, and prior to work continuing on the undertaking, FRA
must either (a) execute an MOA pursuant to 36 CFR § 800.6, or (b) request, take into
account, and respond to the comments of the ACHP under 36 CFR § 800.7. FRA will
notify the Signatories of its course of action.
Execution of this MOA by FRA and MT SHPO and implementation of its terms
evidence that FRA has taken into account the effects of this undertaking on historic
properties and afforded ACHP an opportunity to comment.
MEMORANDUM OF AGREEMENT
AMONG
THE FEDERAL RAILROAD ADMINISTRATION
THE MONTANA STATE HISTORIC PRESERVATION OFFICER
THE CITY OF KALISPELL, MONTANA
THE SURFACE TRANSPORTATION BOARD
AND
THE NORTHWEST MONTANA HISTORICAL SOCIETY
REGARDING
THE GLACIER RAIL PARK(KALISPELL CORE AREA DEVELOPMENT AND
TRAIL PROJECT
KALISPELL, FLATHEAD COUNTY, MONTANA
FEDERAL RAILROAD ADMINISTRATION (Signatory)
A
A
By: ADate: r7
Marl O ues
Divisi Chie , Environmental & Corridor Planning Division
Office o ilroad Policy and Development
MONTANA STATION HISTORIC PRESERVATION OFFICE (Signatory)
M.
Mark Baumler
State Historic Preservation Officer
CITY OF KALISPELL (Invited Signatory)
I0
Doug Russell
Kalispell City Manager
Date:
Date:
MEMORANDUM OF AGREEMENT
AMONG
UVE
THE MONTANA STATE HISTORIC PRESERVATION OFFICER
THE CITY OF KALISPELL, MONTANA
THE SURFACE TRANSPORTATION BOARD
AND
THE NORTHWEST MONTANA HISTORICAL SOCIETY
Q,-1xr 7�
THE GLACIER RAIL PARK/KALISPELL CORE AREA DEVELOPMENT AND
TRAIL PROJECT
KALISPELL, FLATHEAD COUNTY, MONTANA
FEDERAL RAILROAD ADMINISTRATION (Signatory)
Date:
Marlys Osterhues
Division Chief, Environmental & Corridor Planning Division
Office of Railroad Policy and Development
MONTQ NA STATION HISTORIC PRESERVATION OFFICE (Signatory)
Date:
Mark Baumler
State Historic Pr ervation Officer
CITY OF KALISPELL (Invited Signatory)
Doug Russell
Kalispell City Manager
V]
MEMORANDUM OF AGREEMENT
AMONG
THE FEDERAL RAILROAD ADMINISTRATION
THE MONTANA STATE HISTORIC PRESERVATION OFFICER
THE CITY OF KALISPELL, MONTANA
THE SURFACE TRANSPORTATION BOARD
AND
THE NORTHWEST MONTANA HISTORICAL SOCIETY
REGARDING
THE GLACIER RAIL PARK/KALISPELL CORE AREA DEVELOPMENT AND
TRAIL PROJECT
KALISPELL, FLATHEAD COUNTY, MONTANA
FEDERAL RAILROAD ADMINISTRATION (Signatory)
Date:
Marlys Osterhues
Division Chief, Environmental & Corridor Planning Division
Office of Railroad Policy and Development
MONTANA STATION HISTORIC PRESERVATION OFFICE (Signatory)
M.
Mark Baumler
State Historic Preservation Officer
CITY OF KALISPELL (Invited Signatory)
By:
DQkfusg'el(
Kalispell City Manager
01
Date:
Date: 49VOV l7
SURFACE TRANSPORTATION B , ARD (Invited Signatory)
By: Date 'e)g
ki Rutson
D ctor, O fficee o Environmental Analysis
NORTHWEST MONTANA HISTORICAL SOCIETY (Invited Signatory)
By: Date:
Jacob Thomas
Executive Director
KALISPELL BUSINESS IMPROVEMENT DISTRICT (Concurring Party)
M.
Pamela J. Carbonari
Coordinator
Date
10
SURFACE TRANSPORTATION BOARD (Invited Signatory)
Date
Vicki Rutson
Director, Office of Environmental Analysis
NORTHWEST MONTANA HISTORICAL SOCIETY (Invited Signatory)
Date:
Jacob Thomas
Executive Director
6/26/2016
KALISPELL BUSINESS IMPROVEMENT DISTRICT (Concurring Party)
Pamela J. Carbonari
Coordinator
10
Date
SURFACE TRANSPORTATION BOARD (Invited Signatory)
M.
Vicki Rutson
Director, Office of Environmental Analysis
Date
NORTHWEST MONTANA HISTORICAL SOCIETY (Invited Signatory)
Date:
Jacob Thomas
Executive Director
KALISPELL BUSINESS IMPROVEMENT DISTRICT (Concurring Party)
r
B —4Date 6
�;amrela J. Carboiari
Coordinator
10