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08-24-20 Work Session Agenda and Materials
CITY COUNCIL WORK SESSION AGENDA CITY OF August 24, 2020, at 7:00 p.m. KALISPELL City Hall Council Chambers, 201 First Avenue East City Council and staff will meet via video conferencing so as to provide an environment that will comply with the Governor's Phase II COVID-19 Directive. Public comment can be provided via email to publiccomment@kalispell.com. A. CALL TO ORDER B. DISCUSSION ITEMS 1. 911 Special District Election 2. Montana Base Camp Planned Unit Development Amendment Request 3. Core Area Street Connectors 4. Review of Videoconferencing for Council Meetings C. PUBLIC COMMENT Persons wishing to address the council are asked to provide public comment via email to publi ccomment&kali spell. com. Please provide your name and address for the record. D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — September 7, 2020 — Labor Day Next Regular Meeting — TUESDAY, September 8, 2020, at 7:00 p.m. — Council Chambers Next Work Session — September 14, 2020, at 7:00 p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Page 1 of 1 CITY 01F KALISPELL City of Kalispell 201 1" Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Review and discussion of the November 2020 ballot election to create a 911 Special District MEETING DATE: August 24, 2020 BACKGROUND: In April of this year, Council passed a resolution supporting the request for the Flathead County Commission to place the creation of a special district for the Flathead Emergency Communications Center's (FECC) in order to provide a funding source and managerial oversight for the operations of the 911 facility. This has moved forward and will be on the ballot in November. The work session will provide an opportunity to review and discuss the impacts and benefits of either a passage of the ballot issue or a defeat of the ballot issue from a City of Kalispell perspective. Additionally, at the work session, we will discuss the aspects in State Code related to the role of city officials in relation to elections, etc. Attached to this memo is the agenda item from April, where the resolution supporting the special district was passed, and brief from the city attorney reviewing some of the conditions related to city officials. ATTACHMENTS: Agenda materials from April 20 meeting. Memo from City Attorney CITY 01F KALISPELL City of Kalispell 201 1" Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Support for Board of County Commissioners to adopt a resolution for a November 2020 ballot election to create a 911 Special District MEETING DATE: April 20, 2020 BACKGROUND: In previous years, Flathead County, in coordination with the cities of Kalispell, Whitefish, Columbia Falls, and the Flathead Emergency Communications Center's (FECC) advisory board have attempted to create a special district in the county to be the funding source and provide the managerial oversight for the operations of the 911 facility. Both the previous efforts failed to achieve the desired outcome. However, the challenges that the special district would have alleviated remain, including the long-term financial solution for the facility, as was identified in the initial inter -local agreement. The FECC's funding committee provided a recommendation to the FECC advisory board for a special district funded through an assessment on a parcel's taxable value, a methodology that simplified the previous effort, which feedback had identified was complicated and included concerns related to equity across the assessment spectrum. The FECC advisory board voted to recommend to the Board of County Commissioners to adopt the proposed resolution of the funding committed and place it on the November 2020 general election ballot. The recommendation of the FECC advisory board and the proposed resolution are included with this memorandum. As part of this process, the Board of the County Commissioners has requested the Cities of Kalispell, Whitefish and Columbia Falls to demonstrate support by passing a resolution or motion supporting the creation of the 911 Special District, such as the resolution of this agenda item. FISCAL IMPACTS: The creation of the proposed special district would reduce the City of Kalispell's direct contribution to the 911 center, as obligated by the inter -local agreement. This amount in fiscal year 2020 was approximately $570,000. RECOMMENDATION: It is recommended that the City Council approve Resolution 5972, a resolution expressing the support of the Kalispell City Council for the Flathead County Board of Commissioners to refer the Flathead Communications Center Special District to a Vote pursuant to the terms of Title 7, Chapter 11, Part 10 Montana Code Annotated 2019. ATTACHMENTS: Resolution 5972 FECC Advisory Boards letter of support and proposed resolution RESOLUTION NO.5972 A RESOLUTION EXPRESSING THE SUPPORT OF THE KALISPELL CITY COUNCIL FOR THE FLATHEAD COUNTY BOARD OF COMMISSIONERS TO REFER THE FLATHEAD COMMUNICATIONS CENTER SPECIAL DISTRICT TO A VOTE PURSUANT TO THE TERMS OF TITLE 7, CHAPTER 11, PART 10 MCA (2019). WHEREAS, on April 20, 2009, the local government entities comprised of Flathead County, the City of Kalispell, the City of Whitefish and the City of Columbia Falls entered into an Interlocal Agreement to provide oversight and funding for a county -wide emergency communications center; and WHEREAS, the Flathead Emergency Communication Administrative Board, consisting of representatives of each of the local government entities joined in the agreement, have considered the various funding alternatives for the communications center. They have determined that it would be in the best interests of the landowners, residents and visitors throughout Flathead County that they be allowed to vote on a more permanent funding solution through the establishment of a county -wide special district; and WHEREAS, on February 24, 2020, the Flathead Emergency Communication Administrative Board submitted a recommendation of approval of a draft resolution referring the matter of a Flathead Emergency Communication Center Special District to a vote pursuant to the terms of Title 7, Chapter 11, Part 10 MCA (2019); and WHEREAS, the Kalispell City Council has considered the resolution proposed to the Flathead County Board of Commissioners by the Flathead Emergency Communication Administrative Board, attached hereto as Exhibit "A" and finds the proposal to be in the best interests of the landowners, residents and visitors of the City of Kalispell. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. The City Council of the City of Kalispell hereby approves the form of the proposed resolution attached hereto as Exhibit "A" and respectfully requests that the Flathead County Board of Commissioners approve and adopt such resolution and refer the matter of a Flathead Emergency Communication Center Special District to a vote pursuant to the terms of Title 7, Chapter 11, Part 10 MCA (2019). PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 20TH DAY OF APRIL_2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor city of Whitefish City of Kalispell FLATHEAD EMERGENCY COMMUNICATIONS BOARD 625 Timberwolf Parkway Kalispell, MT 59901 * 406-758-5560 TO: Chairman Holmquist, Commissioner Mitchell, and Commissioner Brodehl FROM: Flathead Emergency Communications Center Administrative Board DATE: February 24, 2020 SUBJECT: Recommendation of approval of draft Resolution Referring Flathead Emergency Communications Center Special District to Vote The Flathead Emergency Communications Center Administrative Board met on January S, 2020, and during that meeting the Flathead Emergency Communications Center Funding Committee provided a summary of their work, copies of the draft resolution, with budget projections for the Board's consideration and approval. After reviewing the documents provided by the Funding Committee, and subsequent discussion, the members of the Flathead Emergency Communications Center Administrative Board voted unanimously to recommend that the Board of County Commissioners adopt the attached proposed resolution, and place it on the November 3, 2020 general election ballot. Susan Nicosia Chair, Flathead Emergency Communications Center Administrative Board RESOLUTION NO. RESOLUTION REFERRING FLATHEAD EMERGENCY COMMUNICATIONS CENTER MILL LEVY TO VOTE WHEREAS, the local government entities consisting of Flathead County, the City of Columbia Falls, the City of Kalispell, and the City of Whitefish entered into an Interlocal Agreement on April 20, 2009, to provide oversight and funding for a county -wide emergency communications center; WHEREAS, the resulting Flathead Emergency Communications Center (FECC) provides emergency dispatch and supporting communication services, equipment, and infrastructure for Flathead County and its municipalities; WHEREAS, Flathead County and its municipalities now wish to provide a more permanent funding solution to perpetuate these activities of FECC through a new county -wide special district pursuant to Title 7, Chapter 11, Part 10, M.C.A. (2019); WHEREAS, the Flathead County Board of Commissioners may order a referendum on the creation of a proposed special district pursuant to §§ 7-11-1003 and 7-11-1011, M.C.A. (2019); WHEREAS, the Flathead County Board of Commissioners wishes to order such a referendum on the creation of a proposed special district (FECC Special District) to provide emergency dispatch and supporting communication services, equipment, and infrastructure for FIathead County and its municipalities; WHEREAS, the boundaries of the FECC Special District will be the boundaries of Flathead County, as shown on attached Exhibit A, and legally described as shown on attached Exhibit B; WHEREAS, the Flathead County Board of Commissioners will administer the FECC Special District; and WHEREAS, each lot or parcel of land, including the improvements on the lot or parcel, will be assessed for that part of the cost of the FECC Special District that its taxable valuation bears to the total taxable valuation of the property of the District; and WHEREAS, the total of the initial proposed assessment is $3,503,652. The impact of this assessment in the current year on a home valued at $100,000 would be approximately $17.68 in additional property taxes; on a home valued at $200,000 the additional property taxes would be approximately $35,36, IT IS HEREBY ORDERED that election for the creation of a special district for the funding of FECC shall be placed on the ballot for the November 3, 2020, general election and shall be in substantially the following form: To organize a special district to provide funding for emergency dispatch and supporting communication services, equipment, and infrastructure for Flathead County and its municipalities. The maximum of the total initial proposed assessment is $3,503,652. The impact of this assessment in the current year on a home valued at $100,000 would be approximately $17.68 in additional property taxes; on a home valued at $200,000 the additional property taxes would be approximately $35.36. The proposed boundaries of the district are the boundaries of Flathead County. The Flathead County Board of Commissioners will be the administrator of this special district. Shall the proposition to organize the FECC Special District be adopted? [ ] Yes, it shall be adopted. [ ] No, it shall not be adopted. DATED this day of , 2020. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: Pamela J. Holmquist, Chair By: Randy L. Brodehl, Member By: Philip B. Mitchell, Member City of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Doug Russell, City Manager Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7758 charball@kalispell.com Advisory to City Council Regarding the Constraints of MCA §2-2-121. Rules of Conduct for Public Officers and Public Employees August 24, 2020 — Council Work Session BACKGROUND: Whenever there is a ballot measure on an upcoming election I provide this advisory to the City Council to inform them of the constraints that state law puts upon them regarding efforts they may be inclined to take to support or oppose the ballot measure. This Fall the 911 EMS levy will be before the voters and the City Council has passed a resolution supporting the placement of that levy on the ballot. The state law that the council members must become familiar with is MCA §2-2-121 entitled Rules of Conduct for Public Officers and Public Employees. The relevant portions of that statute for our immediate purpose are as follows: (3) (a) Except as provided in subsection (3)(b), a public officer or public employee may not use or permit the use ofpublic time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to ... the passage of a ballot issue ... (c) This subsection (3) is not intended to restrict the right of a public officer or public employee to express personal political views. It may be tempting to use the opportunity of a city council meeting to express support for or opposition to the ballot measure. The fact that the council member is serving at a council meeting, utilizing the council chambers and the media of the city to express his or her political view regarding the ballot measure would place that activity squarely within the constraints of the statute. Council members should resist the temptation to do so. The statute expressly states that it does not restrict a public officer or public employee from expressing his or her personal political views. This may be done outside of the city offices, without use of any of the city resources and with the disclaimer that it is a personal expression that is not representative of the city or its constituents. I encourage the members of the Council to read the entire statute and to call me if they have any questions or concerns about the mandates of the statute. Rules Of Conduct For Public Officers And Public Employees 2-2-121. Rules of conduct for public officers and public employees. (1) Proof of commission of any act enumerated in subsection (2) is proof that the actor has breached a public duty. (2) A public officer or a public employee may not: (a) subject to subsection (7), use public time, facilities, equipment, supplies, personnel, or funds for the officer's or employee's private business purposes; (b) engage in a substantial financial transaction for the officer's or employee's private business purposes with a person whom the officer or employee inspects or supervises in the course of official duties; (c) assist any person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the officer's or employee's agency; (d) assist any person for a contingent fee in obtaining a contract, claim, license, or other economic benefit from any agency; (e) perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which the officer or employee either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or (f) solicit or accept employment, or engage in negotiations or meetings to consider employment, with a person whom the officer or employee regulates in the course of official duties without first giving written notification to the officer's or employee's supervisor and department director. (3) (a) Except as provided in subsection (3)(b), a public officer or public employee may not use or permit the use of public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue unless the use is: (i) authorized by law; or (ii) properly incidental to another activity required or authorized by law, such as the function of an elected public officer, the officer's staff, or the legislative staff in the normal course of duties. (b) As used in this subsection (3), "properly incidental to another activity required or authorized by law" does not include any activities related to solicitation of support for or opposition to the nomination or election of a person to public office or political committees organized to support or oppose a candidate or candidates for public office. With respect to ballot issues, properly incidental activities are restricted to: (i) the activities of a public officer, the public officer's staff, or legislative staff related to determining the impact of passage or failure of a ballot issue on state or local government operations; (ii) in the case of a school district, as defined in Title 20, chapter 6, compliance with the requirements of law governing public meetings of the local board of trustees, including the resulting dissemination of information by a board of trustees or a school superintendent or a designated employee in a district with no superintendent in support of or opposition to a bond issue or levy submitted to the electors. Public funds may not be expended for any form of commercial advertising in support of or opposition to a bond issue or levy submitted to the electors. (c) This subsection (3) is not intended to restrict the right of a public officer or public employee to express personal political views. (d) (i) If the public officer or public employee is a Montana highway patrol chief or highway patrol officer appointed under Title 44, chapter 1, the term "equipment" as used in this subsection (3) includes the chiefs or officer's official highway patrol uniform. (ii) A Montana highway patrol chiefs or highway patrol officer's title may not be referred to in the solicitation of support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue. (4) (a) A candidate, as defined in 13-1-101(8)(a), may not use or permit the use of state funds for any advertisement or public service announcement in a newspaper, on radio, or on television that contains the candidate's name, picture, or voice except in the case of a state or national emergency and then only if the announcement is reasonably necessary to the candidate's official functions. (b) A state officer may not use or permit the use of public time, facilities, equipment, supplies, personnel, or funds to produce, print, or broadcast any advertisement or public service announcement in a newspaper, on radio, or on television that contains the state officer's name, picture, or voice except in the case of a state or national emergency if the announcement is reasonably necessary to the state officer's official functions or in the case of an announcement directly related to a program or activity under the jurisdiction of the office or position to which the state officer was elected or appointed. (5) A public officer or public employee may not participate in a proceeding when an organization, other than an organization or association of local government officials, of which the public officer or public employee is an officer or director is: (a) involved in a proceeding before the employing agency that is within the scope of the public officer's or public employee's job duties; or (b) attempting to influence a local, state, or federal proceeding in which the public officer or public employee represents the state or local government. (6) A public officer or public employee may not engage in any activity, including lobbying, as defined in 5-7-102, on behalf of an organization, other than an organization or association of local government officials, of which the public officer or public employee is a member while performing the public officer's or public employee's job duties. The provisions of this subsection do not prohibit a public officer or public employee from performing charitable fundraising activities if approved by the public officer's or public employee's supervisor or authorized by law. (7) A listing by a public officer or a public employee in the electronic directory provided for in 30- 17-101 of any product created outside of work in a public agency is not in violation of subsection (2)(a) of this section. The public officer or public employee may not make arrangements for the listing in the electronic directory during work hours. (8) A department head or a member of a quasi-judicial or rulemaking board may perform an official act notwithstanding the provisions of subsection (2)(e) if participation is necessary to the administration of a statute and if the person complies with the disclosure procedures under 2-2-131. (9) Subsection (2)(d) does not apply to a member of a board, commission, council, or committee unless the member is also a full-time public employee. (10) Subsections (2)(b) and (2)(e) do not prevent a member of the governing body of a local government from performing an official act when the member's participation is necessary to obtain a quorum or to otherwise enable the body to act. The member shall disclose the interest creating the appearance of impropriety prior to performing the official act. History: En. 59-1706 by Sec. 6, Ch. 569, L. 1977; R.C.M. 1947, 59-1706; amd. Sec. 1, Ch. 59, L. 1991; amd. Sec. 7, Ch. 562, L. 1995; amd. Sec. 3, Ch. 42, L. 1997; amd. Sec. 3, Ch. 122, L. 2001; amd. Sec. 1, Ch. 58, L. 2003; amd. Sec. 1, Ch. 145, L. 2005; amd. Sec. 3, Ch. 173, L. 2005; amd. Sec. 1, Ch. 437, L. 2005; amd. Sec. 1, Ch. 386, L. 2011; amd. Sec. 1, Ch. 14, L. 2013; amd. Sec. 1, Ch. 259, L. 2015; amd. Sec. 3, Ch. 156, L. 2019. Planning Department CITY of 201 V Avenue East Kalispell, MT 59901 ALISPELL Phone: (406) 758-7940 Fax: (406) 758-7739739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Rachel Ezell, Planner 2 SUBJECT: PUD Amendment Request — Montana Basecamp MEETING DATE: August 24, 2020 (Work Session) BACKGROUND: Under the Planned Unit Development ("PUD") provisions in the zoning ordinance, a developer can submit a request to amend a PUD. The request is submitted to the Site Review Committee. Site Review then determines if the amendment is minor or major. If it is minor, the amendment can be approved administratively. If it is major, it is forwarded to the City Council for review. Generally, the distinction between a minor and a major amendment is based on what extent the proposal changes the intent and purpose of the original PUD, which went through a public hearing process and was approved by the Council. A minor amendment provides a method to make small adjustments that may become necessary as the project goes through more detailed design process after the PUD is approved, while still maintaining the original intent and purpose of the PUD. A major amendment, while perhaps entirely justifiable given changed circumstances or business climates, is a request that changes the intent and purpose as originally approved by the Council. When Site Review deems an amendment request to be major, the determination is simply that the nature of the request requires Council review; it is not a determination as to the merits of the request. In this case, the developer of Montana Basecamp has requested an amendment to PUD condition 932 which limits guest stays to no more than 90 consecutive days and condition 934 which prohibits R.V. skirting. The developer would like to increase the amount of time guests can stay to 7 months in order to accommodate seasonal guests and would like to allow winter guests the opportunity to skirt their RVs for additional comfort. Currently, the RV park is allowed to operate year-round, however the prohibition of RV skirting generally reduces the length of guest stays in the winter. In Site Review's opinion, the increased length of stays and ability to skirt an RV poses a major change to the scope of the original PUD as these conditions were established to permit short- term visitors rather than seasonal guests. As a major amendment, this proposal should be scheduled for a work session with City Council. The Council should then provide direction on how to proceed with their consideration. RECOMMENDATION: It is recommended that the Kalispell City Council discuss the PUD amendment request and direct staff accordingly. ATTACHMENTS: PUD Amendment Request, Site Review public comment, Montana Basecamp Ordinance c: Aimee Brunckhorst, Kalispell City Clerk Page 2 of 2 Rachel Ezell From: Andrew Matthews <andy@montanabasecamp.com> Sent: Friday, July 31, 2020 3:32 PM To: Rachel Ezell; Jarod Nygren; PJ Sorensen Subject: [EXTERNAL] Montana Basecamp Ordinance 1815 Rachel Ezell, Thank you for everyone's time this week at the Site Plan review meeting. Montana Basecamp would like to amend item 32 and item 34 of ordinance 1815, Item 32 request to be changed from 90 days to 7 months. This change to 7 months allows us to accommodate our summer clients properly as needed and allows us to accommodate our Winter clients best with a small overlap in the Fall and Spring. We request item 34 be changed to allow proper Typical RV skirting. This allows our Winter Guest to be more comfortable. Our goal at Montana Basecamp is to be a to 20 US Destination Resort. These 2 changes to our PUD allow us the greatest opportunity for continued success as our vision at Montana Basecamp slowly comes to reality. Andy Matthews Montana Basecamp 1000 Basecamp Dr. Kalispell, MT 59901 Andy@montanabasecamp.com 407-467-8436 Rachel Ezell From: PJ Sorensen Sent: Wednesday, July 29, 2020 3:45 PM To: Rachel Ezell Subject: FW: [EXTERNAL] Site Development Review comments From: Kari Hernandez <khernandez@kalispell.com> Sent: Wednesday, July 29, 2020 3:43 PM To: Jarod Nygren <jnygren@kalispell.com>; PJ Sorensen <psorensen@kalispell.com> Subject: FW: [EXTERNAL] Site Development Review comments From: blems@aol.com <blems@aol.com> Sent: Tuesday, July 28, 2020 3:55 PM To: Kari Hernandez <khernandez@kalispell.com> Subject: [EXTERNAL] Site Development Review comments Site Dev Review meeting, July 31, 2020, public comments If Basecamp otherwise meets all requirements for a mobile home park with permanent residents, there is no problem with skirting. If it does not meet those mobile home requirements, skirting should not be allowed. Extending the stay limits through Dec 31, 2020 is reasonable given pandemic "refugees". If the pandemic continues, Basecamp should return for an extension of that policy or a plan to convert the property to a permanent mobile home park. Margaret S Davis, homeowner 160 Charlotte, Kalispell MT 59901 Mailing address: PO Box 788, Lakeside MT 59922 I Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 Ilul�u�ti�uiiniltullllillt{li{444{{44411111111N411111I41111141111f111{iii�l�f�i��R Page°10f721 III 1I1 111111111111111 [lilt IIII I u. "•'°'•""' Fees 49.00 Debbie Pierson, Flathead County MT by DD 10/ 15/ 2018 0:09 AM ORDINANCE NO. 1815 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN AS MONTANA BASE CAMP PUD, OVER CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 1 AND TRACT 2 OF CERTIFICATE OF SURVEY 20796 IN THE SOUTHERN HALF OF THE SOUTHEAST QUARTER OF SECTION 29 AND NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Basecamp Outpost, LLC, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, Commercial Business, with a Planned Unit Development overlay to be known as Montana Base Camp PUD, on approximately 50.33 acres of land; and WHEREAS, the property is currently zoned RA-1, Residential Apartment, and is located south of the 4-1ane Alternate 93 roundabout, west of U.S. Highway 93, north of Ashley Meadows and east of Ashley Creek and the Rails to Trails pathway; and WHEREAS, the petition of Basecamp Outpost, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-1 8-03, in which the Kalispell Planning Department evaluated the petition and recommended that a Planned Unit Development overlay be attached to the above described tract of land pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 10, 2018, and recommended that a Planned Unit Development overlay be attached to approximately 50.33 acres of land, pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit Development overlay to the property, the City Council finds such zoning to be consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KPUD-18-03. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1, Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by attaching the property described above with a Planned Unit Development overlay. SECTION 2. The Planned Unit Development overlay proposed by Basecamp Outpost, LLC upon the real property described above is hereby approved subject to the following conditions: The Planned Unit Development for Montana Base Camp allows the following deviations from the Kalispell Zoning Ordinance: 1. Kalispell Zoning Ordinance, Chapter 27.13 — Allows for an R.V. Park and accessory uses only on the property in accordance with the development plan submitted. All other permitted and conditionally permitted uses within the B-2 zone are not allowed at this time. 2. That the development of the site will be in substantial conformance with the documents entitled Montana Base Camp and associated submittal drawings which shall govern location of the lots, easements, roadways, phasing plan, landscaping, parkland/open space, stormwater, and pedestrian access facilities. 3. The preliminary plat approval for the development shall be valid for a period of three years from the date of approval. 4. In lieu of tiling a final plat, the subdivider shall submit to the Kalispell Planning Department four official copies and one digital copy of a plat labeled "Revised Preliminary Plat" conforming to the requirements for preliminary plats contained on the Appendix A of the Kalispell Subdivision Regulations. 5. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building pen -nit. 6. Architectural renderings for all commercial buildings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 7. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of building permits. 8. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 9. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city facility plan updates and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. 10. The developer shall work with the Montana Department of Environmental Quality in seeking a deviation from the individual water service line requirement in an effort to reduce the number of water meters within the development. 11. Sewer mains located outside of public Right-of-ways shall be privately owned, operated and maintained. 12. Pursuant to septic sewer requirements, the Applicant shall coordinate with the City of Kalispell Pretreatment Coordinator for development of items related to the Pretreatment Program. Applicant shall enter into a Memorandum of Understanding (MOU) for each phase of Construction to establish sampling protocols for the Wet Industry Impact Fee, sewer billing surcharge, and other related pretreatment requirements applicable at the time of construction. Applicant shall install a sample port meeting the requirements of the City Design and Construction Standards and Pretreatment Program on the sewer collection system downstream of the most downstream future phase or current phase connection point. Applicant shall install applicable pretreatment appurtenances as required, such as pretreatment interceptors. Applicant shall bear all costs of sampling completed in accordance with the sampling protocols developed in the MOUs. 13. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. The stormwater design shall be in compliance with the submitted drawings which indicate the intent of the stormwater areas being shallow, landscaped areas that can also be used for recreation. The plan shall be updated and approved for each phase of construction 14. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. 15. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work prior to submittal of the Revised Preliminary Plat. 16. If the developer chooses to use the City of Kalispell solid waste pickup program they shall coordinate the number, size and location of all pickup bins prior to installation. The area to be used for solid waste pickup shall have appropriate access, size and maneuvering area for city solid waste trucks. 17. The traffic impact study for the project site shall be reviewed and approved by the Public Works Department and where appropriate, the Montana Department of Transportation in order to determine the appropriate mitigation as the project develops. 18. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto the bypass and Ashley Meadows. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to the Revised Preliminary Plat. MDT shall so certify this in writing to the city. 19. Prior to Revised Preliminary Plat all mitigation required as part of the approved traffic impact study shall be completed for each phase. All improvements shall be reviewed and approved by either the Public Works Department or Montana Department of Transportation. A letter from the Kalispell Public Works Department or Montana Department of Transportation shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. 20. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to Revised Preliminary Plat for each phase. 21. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. 22. A b' tall landscaped berm with a 3:1 slope shall be constructed along the entire northerly property boundary. The benn shall be landscaped with grass, trees bushes and shrubs to form a pleasing sight obscuring visual barrier. The plan shall be approved by the Parks and Recreation Director. The berm may be phased so as to buffer adjacent development. 23. All parking areas shall be constructed in accordance with Chapter 27.24 of the Kalispell Zoning Ordinance except as provided for in condition 1 above. 24. Signage shall be installed in accordance with Chapter 27.22 of the Kalispell Zoning Ordinance. 25. Common facilities on the property (pool, recreation building camp store, food, etc,) shall be intended for guests of the R.V. Park and not open to the general public. 26. All easements and/or right-of-ways shall be indicated on the face of the Revised Preliminary PIat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 27. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Name 28. That a minimum of two-thirds of the necessary public infrastructure for this subdivision shall be completed prior to Revised Preliminary Plat submittal for each phase and that both the water and sewer systems serving this phase be operational. 29. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 30. The following public right-of-way improvements shall be completed at each phase of the development: a) Phase 1— The new unnamed city street shall be improved to city standards from the roundabout to the northern entrance into the development and from Ashley Meadows to the southern access into the development. b) Phase 2 - The unnamed city street shall be constructed to city standards at the point 165 R.V. spaces are constructed connecting the northern and southern entry points into the development. 31. A management plan shall be completed and submitted to the city with provisions on how the developer intends to manage the open space areas, landscaping, security, stormwater, long-term stay, R.V. dump station and wayfinding signs. 32. Guests shall be limited to no more than 90 consecutive days within the park. Moving an R.V. from one location to another within the park shall not constitute a new time period. 33. Fires are permitted only in facilities provided for this purpose. 34. Skirting of R.V.s is prohibited. 35. Mobile homes are prohibited. 36. Fireworks are prohibited. 37. On -street parking shall be prohibited within the development on the private road system. 38. Trail connections to the Rails to Trails pathway shall not be made until a letter has been submitted to the City of Kalispell Planning Department from both the Montana Department of Transportation and the Rails to Trails board accepting the proposed design. 39. The developer shall coordinate with the Montana Department of Transportation and Rails to Trails board a redesign of the path where it crosses the new unnamed city street and Ashley Meadows so that there is only one street crossing, rather than two. 40. The developer shall coordinate with the Montana Department of Transportation and move the southern end of the new unnamed city street to the east so that it could provide a logical intersection with Ashley Meadows and future development develop to the south. 41. The developer shall coordinate with the Montana Department of Transportation and remove the barbwire fence at the top of the existing wood fencing along the pathway boundary. SECTION 3. The balance of Section 27.02,010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 17TH DAY OF SEPTEMBER. 2018, Chad GrahaAt--' Council President ATTEST: 1�11t11Siltrrrrrl� Aimee Brunckhorst, CMC C9 City Clerk SEXx — i$9x CITY OF KALISPELL REPORT TO: Doug Russell, City Manager Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 VVWW.kalisPell.com/Plannin2 FROM: Jarod Nygren, Development Services Director SUBJECT: Work Session — Core Area Street Connector MEETING DATE: August 24, 2020 BACKGROUND: The City of Kalispell was awarded an USDOT TIGER grant in 2015 for the purpose of building a new industrial rail park at the former McElroy and Wilken gravel pit site, construction of a linear trail/park along the BNSF right-of-way, and new north -south complete street connection. The first phase of the project has been completed with the construction of the rail park and with Kalispell's last two rail served businesses being relocated to the rail park. The second phase of the TIGER project is the design and construction of a linear trail/park utilizing the BNSF right-of-way running approximately 1.6 miles through the City, and new north -south street connector. As part of the TIGER project, the City of Kalispell prepared an Environmental Assessment (EA) in May 2017, and the Federal Railroad Administration (FRA) subsequently issued a Finding of No Significant Impact (FONSI) for the Project in July 2017. As part of the EA development process, the City identified the seven (7) potential complete street options to provide connectivity through the City's core area following the abandonment, railbanking, and removal of the BNSF railroad line which bisects the city. However, based on information known at the time and public input, only three complete street alternatives were evaluated in the EA. These were 7th Ave EN -Woodland Ave, 6th Avenue WN, and 8th Avenue WN streets. Since the EA and FONSI were completed in 2017, the City has conducted additional public outreach regarding the trail and complete streets portion of the Project, with over 1,000 community members participating in addition to newsletter mailings, open houses, informational displays at public events and presentations to community organizations. Through this outreach and based on public feedback, the City determined that the complete street options evaluated in the EA may not be possible or desirable to construct as originally envisioned due to increased opposition. There has been increased community interest in the potential of three (3) additional street connections on the north side of the Kalispell Center Mall. The additional three street connections include 1st Avenue WN, 3rd Avenue WN, and 41h Avenue WN. These three street connections were included in the original seven evaluated. The street connector along with area infrastructure improvements allows for additional retail and/or housing development within the Core Area, particularly 1st Avenue WN running immediately parallel to the busiest street (U.S. 93) in Kalispell. While these additional complete street connections on the north side of the mall would not create the longest travel paths, they may offer the best opportunity for economic development growth in a long -divested area of the city. Until BNSF closed these crossings in the 1990s, all three of these streets once crossed the existing railroad tracks, offering a level of connectivity north to south and alleviation of traffic on U.S. 93. For these reasons, the City has examined these street connections in a Supplemental EA (SEA) that includes a comprehensive traffic analysis. The City of Kalispell has worked with FRA to prepare an SEA to evaluate the potential impacts of constructing Ist Avenue WN, 3rd Avenue WN, and/or 4th Avenue WN as a complete street(s), while maintaining the option to implement the 7th Ave EN -Woodland Ave, 6th Avenue WN, and/or 8th Avenue WN street options approved in the 2017 FONSI. During the preparation of supporting analyses and the SEA, the City solicited public input at advertised open house events, community events, and presentations to community groups. FRA and the City also made the draft SEA available for a 30-day formal public comment period as required by the National Environmental Policy Act (NEPA) and FRA's NEPA implementing procedures. Public comments were received orally and by telephone, email, and letters. The 1st Avenue WN street connector garnered the most public support during this process. Following review of the SEA and summation of public comments, the FRA has issued a FONSI for the Glacier Rail Park/Kalispell Core Area Development and Trail Project — Modifications to Phase II, allowing for the selection of a north -south street connector and continued engineering design for the trail. The FONSI finds that the construction of a north -south connector at 1st Avenue WN, 3rd Avenue WN, and/or 4th Avenue WN are all viable options for the Council to consider. The benefits of choosing one of these additional connections include an increase in accessibility and connectivity to the development in the US 2/US 93 area, as well as the underdeveloped and undeveloped lots north of the railroad corridor. This would improve circulation in the entire Core Area, making it safe for motor vehicle and pedestrian travel in the most heavily utilized portion of the Project area as we provide opportunity for development of additional businesses and residences in the direct vicinity improving general appeal of the area. RECOMMENDATION: It is recommended that the Kalispell City Council discuss the complete street connector options and direct staff accordingly. FISCAL EFFECTS: No fiscal impacts at this time, however, each north -south street connector option has varying costs and/or constructability constraints. ATTACHMENTS: Supplemental Environmental Assessment Federal Railroad Administration Finding of No Significant Impact 'UPPLEMENTAL ENVIRONMENTAL ASSESSMENT FOR THE GLACIER RAIL PARK/ KALISPELL CORE AREA DEVELOPMENT AND TRAIL PROJECT KALISPELL, FLATHEAD COUNTY, MONTANA Prepared Pursuant to the National Environmental Policy Act (42 USC54332), 49 USC § 303, and 64 FR 28545 City of Kalispell October 2019 U.S. Department of Transportation [� A Federal Railroad Administration This Supplemental Environmental Assessment (SEA) was prepared by the Federal Railroad Administration, the City of Kalispell, and KLJ. The following individuals may be contacted for information on the SEA: Katharine King City of Kalispell Kalispell, MT 59901 201 First Avenue East Phone:(406) 758-7713 Email: kking@kalispell.com Laura Shick Federal Railroad Administration Environmental Et Project Engineering Division Office of Railroad Policy and Development 1200 New Jersey Avenue S.E. Washington, DC 20590 Phone: (202) 366-0340 Email: [aura.shick@dot.gov EXECUTIVE SUMMARY This document is a supplement to the Environmental Assessment (EA) for the Glacier Rail Park/Kalispell Core Area Development and Trail Project (Project), prepared by the City of Kalispell (City) and approved by the US Department of Transportation's (USDOT) Federal Railroad Administration (FRA) in May 2017 (hereafter referred to as the 2017 EA). FRA issued a Finding of No Significant Impact (FONSI) for the Project on July 18, 2017. The Project is located in the City of Kalispell, Flathead County, Montana, and is receiving grant funding under the USDOT's Fiscal Year (FY) 2015 Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program. FRA is administering the TIGER grant. The City is implementing the Project in two phases: ♦ Phase I — Construction and operation of a rail -served industrial park (Rail Park) and associated construction of roadway and traffic control Construction of the Rail Park (Phase I) is substantially 1) improvements and installation and extension of utilities to serve the complete of January 2019. Rail Park. Removal of the railroad track and construction of the ♦ Phase II — Removal of 1.6 miles of existing railroad track; construction Kalispell Trail and complete of a 12- to 16-foot-wide, paved, public -use trail on former railroad street(s) (Phase II) is right-of-way (ROW) (i.e., Kalispell Trail); and construction of at least anticipated to begin in the one new north -south street connection (i.e., complete street) to spring of 2020. improve connectivity in downtown Kalispell, also known as the Core Area. Based on input received during subsequent public and agency involvement conducted by the City for the Project since the 2017 EA and FONSI, three complete street options previously identified by the City early on in project planning, but not evaluated in detail in the 2017 EA (i.e., 4th, 3rd, and 1st Avenue WN) are being considered in this Supplemental Environmental Assessment (SEA). These three complete street options are located in the Core Area, north of the Kalispell Center Mall (Mall). These three roadways are generally included in the Project Area assessed in the 2017 EA, which was defined as the area that would be directly impacted by the construction of the Rail Park, Kalispell Trail, and associated improvements (e.g., complete street connections, new traffic control devices and utilities, and roadway improvements). In addition, two modifications are being considered in this SEA: (1) a potential realignment of a small segment of the Kalispell Trail (approximately 345 feet) between 4th Avenue WN and 5th Avenue WN (Kalispell Trail realignment) and (2) a potential connection of the northeast trailhead (approximately 300 feet) to adjacent public ROW at the Flathead Drive/US Highway 2 intersection (northeast trailhead connection). These potential modifications to Phase II of the Project are a result of the City's public outreach efforts and continuation of the Project planning process; they are located within the 2017 EA Study Area and Project Area, but were not analyzed in the EA. Currently, north -south traffic movements in the Core Area are restricted because there are only six at -grade railroad crossings across the nearly two-mile width of the City. With the removal of the railroad tracks to accommodate the Kalispell Trail, there is an opportunity to provide connectivity in the Core Area. Constructing 8th Avenue WN, 6th Avenue WN, and/or Whitefish Stage Road (7th Avenue EN), as identified in the 2017 EA, and/or at least one complete street along 4th, 3rd, or 1st Avenue WN, as identified in this Supplemental EA, would increase the number of north -south connections in the Core Area. The benefits of these additional streets include an increase in accessibility and connectivity to the development in the US Highway 2/US Highway 93 Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment 1 October2019 area, as well as the underdeveloped and undeveloped lots north of the railroad corridor. This would improve circulation in the Core Area, specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93. It would also provide opportunity for development of additional businesses and residences along 4th, 3rd, 2nd, and 1st Avenue WN; W Montana Street; and US Highway 2 and improve the general appeal of the area. At least one complete street would be constructed as part of Phase II of the Project, which was analyzed in the 2017 EA. All of the streets considered for extension in both the 2017 EA and this SEA are owned and maintained by the City. The City has a 60-foot-wide ROW on each existing potential complete street roadway. Associated complete street improvements for existing roadways, including sidewalk and curb/gutter installation, urban tree plantings, and utility extensions, would be located within the City's existing 60-foot-wide ROW and Project Area limits. Completed street connections would meet the City of Kalispell local street standards and complete street policy (per the Standards for Design and Construction dated April 2, 2019) providing two 14-foot-wide driving lanes, a minimum 9-foot-wide boulevard separating the roadway from a 5-foot-wide sidewalk, tree plantings, and sewer and water extensions, as needed. In addition, warning or stop signs would be installed at road crossings, and curb bump outs would be installed to reduce the distance pedestrians must cross. The 2017 EA is incorporated by reference into this SEA, and the three complete street options assessed in the 2017 EA (i.e., Sth Avenue WN, 6th Avenue WN, and Whitefish Stage Road [7th Avenue EN]) remain viable. Therefore, the scope of this SEA focuses on only those resource areas that might be affected by the proposed modifications to the Build Alternative (i.e., construction and operation of the 4th, 3rd, and/or 1st Avenue WN complete street; the Kalispell Trail realignment; and the northeast trailhead connection), or that have experienced substantial changes from what was described in the 2017 EA. As a result, the following resource areas were evaluated in full detail in this SEA, because of (1) the potential that the Build Alternative could create a different impact than what was described in the 2017 EA, or (2) the affected environment has changed since the 2017 EA. ♦ Air Quality —Construction and ground -disturbing activities would result in temporary emissions of criteria pollutants and fugitive dust. However, emissions are not anticipated to increase the frequency or severity of any National Ambient Air Quality Standards (NAAQS) violations or delay timely attainment of the NAAQS, and would be consistent with conformity regulations. Upon completion of construction, vehicle idling due to limited access, poor traffic circulation, and lack of street connections would decrease, further reducing emissions. In addition, adding sidewalks and pedestrian pathways through the area would increase the efficiency and public appeal for alternative and non -motorized modes of transportation within the City, such as walking, biking, and rollerblading, which could further reduce emissions. It is anticipated that air quality conditions within the Core Area would improve with the Build Alternative. The minimization measures, mitigation measures, and best management practices (BMPs)included in the 2017 FONSI would be followed, as appropriate. ♦ Noise and Vibration — Construction of at least one complete street, the Kalispell Trail realignment, and the northeast trailhead connection would result in temporary increases in noise above baseline levels. Noise generated by construction activities would vary depending on the type of equipment used, the area that the action would occur in, and the distance from the noise source. Upon completion of construction, the business owners and residents along 4th, 3rd, or 1st Avenue WN, north of the out -of - Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment 11 October2019 service railroad corridor would experience a slight increase in traffic noise once a connection street is constructed; however, this noise is expected to be offset by removal of the railroad tracks and associated noise from trains and train horns. In addition, any noise generated as a result of increased traffic would be consistent with the existing noise in the surrounding area. The Kalispell Trail realignment and northeast trailhead connection would not have any additional operational noise impacts. The mitigation measures included in the 2017 FONSI would be followed, as appropriate. ♦ Land Use — No impacts on land use from construction and operation of at least one complete street, the Kalispell Trail realignment, or the northeast trailhead connection are expected, as the zoning would not change from the existing designations of B-3 (a business district that provides areas for development of congregated community shopping areas to serve neighborhoods) and B-2 (a business district that provides for those retail sales and service functions and operations that are typically characterized by outdoor display, storage, and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities). There would be increased access to the area immediately adjacent to US Highway 2 and US Highway 93 and undeveloped and underdeveloped lots north of the railroad corridor. A complete street would also provide opportunity for developers to construct additional businesses and residences along 4th, 3rd, 2nd, and 1st Avenue WIN; W Montana Street; and US Highway 2 and improve the general appeal of the area. The Kalispell Trail realignment could allow the Mall construct additional parking spaces, to offset the loss of any parking caused by implementation of certain complete street connections. ♦ Ecological Systems — There is no substantial change in the affected environment for wildlife, fish, and vegetation species or habitat, and potential impacts and mitigation measures described in the 2017 EA are similar for this SEA. Therefore, potential impacts on general wildlife, fish, and vegetation species and habitat are not re -assessed in this SEA. However, an additional species (i.e., wolverine [Gulo gulo luscus]) was identified during reevaluation of the Project Area. The wolverine is proposed for federal listing as a threatened species under Section 7 of the Endangered Species Act (ESA). Due to the urban nature and location of the Project and lack of suitable habitat within the Project Area, the Build Alternative is anticipated to have no effect on the wolverine. The minimization measures, mitigation measures, and BMPs included in the 2017 FONSI would be followed, as appropriate. ♦ Traffic and Transportation —There would be temporary increases in traffic and congestion in the vicinity of the construction sites due to additional construction vehicles, equipment, and machinery. Residents, business owners, and retail patrons in the vicinity could experience temporary delays and detours during construction. Beneficial impacts would be expected upon completion of construction. Operation of at least one complete street would increase the number of north -south connections, improve circulation in the Core Area, and increase accessibility and connectivity to the businesses in the US Highway 2/US Highway 93 area and underdeveloped and undeveloped lots north of the railroad corridor. Completion of at least one street connection with improvements, including sidewalks, would also provide connectivity for pedestrians in areas previously void of those facilities (i.e., north of the railroad corridor). Adverse impacts could be expected on existing residents and business owners along US Highway 2 and the complete street(s), as there would be a slight increase in annual average daily traffic (AADT) as patrons travel to and from the retail uses, and as businesses and residences are potentially developed north of the railroad corridor. Traffic on US Highway 2 is estimated to increase by approximately 140 Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment 111 October2019 vehicles during the evening peak hours (i.e., 3:00 p.m. to 6:00 p.m.) with construction of at least one complete street. This slight increase in traffic would not exceed the capacity of the current roads. In addition, there would be a loss of parking spaces from implementation of the complete streets analyzed in this SEA: the 1st Avenue WIN complete street would result in a loss of approximately 10 parking spaces at the Mall; the 3rd Avenue WIN complete street would result in a loss of approximately 2 to 4 parking spaces, which are currently located in the public ROW and being used for a private business; and the 4th Avenue WIN complete street would result in a loss of approximately S parking spaces at the Mall. However, the Kalispell Trail realignment could allow the Mall to construct additional parking spaces, to offset the loss of any parking caused by implementation of certain complete street connections. Approaches to the business parking lots at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WIN might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross-section. However, it is not possible at this time to determine if there would be a net loss of parking spaces at these businesses. The Kalispell Trail realignment would have no adverse impacts on traffic and transportation, as it would cross 5th Avenue WIN in the same location as analyzed in the 2017 EA. The northeast trailhead connection would have no adverse impacts on traffic and transportation; beneficial impacts would be expected from increased pedestrian and bicycle access and safety. The minimization and mitigation measures included in the 2017 FONSI would be followed, as appropriate. In addition, an agreement would be established between the City and Mall owners to address the Kalispell Trail realignment and any net loss of parking spaces at the Mall as a result of the 1st and 4th Avenue WIN complete streets. The two to four parking spaces that would be lost at the private business as a result of the 3rd Avenue WIN complete street would not require mitigation, as they are currently located in public ROW. An agreement would be established between the City and business owners at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WIN to address any net loss of parking spaces as a result of the approach relocation(s). ♦ Socioeconomics and Environmental Justice —There may be temporary, localized impacts on commercial businesses and residences north of the railroad corridor during construction of at least one complete street along 4th, 3rd, or 1st Avenue WIN and the Kalispell Trail realignment. There may also be temporary, localized impacts on commercial businesses and residences west and east of the railroad corridor, respectively, near the Flathead Drive/US Highway 2 intersection during construction of the northeast trailhead connection. Impacts could include noise above ambient levels, visibility of construction equipment, fugitive dust emissions, and temporary pedestrian and traffic delays and congestion. Construction of at least one complete street along 4th, 3rd, or 1st Avenue WIN would improve the general appeal of the area and spur development along 4th, 3rd, 2nd, and 1st Avenue WN; W Montana Street; and US Highway 2. Underdeveloped and undeveloped lots north of the railroad corridor would become more attractive to developers, visibility of existing businesses north of the railroad corridor would increase, and connectivity in the community would be improved. Long-term, beneficial impacts on the local economy would be expected, as there could be increases in the purchase of goods and services in the local area and subsequent induced development. This could provide overall economic benefits to the area through the creation of jobs and increased payroll taxes and sales receipts. Traffic circulation and Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment iv October2019 connectivity would also be improved, and additional transportation options (e.g., walking and biking) would be created, connecting people and neighborhoods with jobs, services, and goods. There would be no direct or indirect impacts on environmental justice populations, as no such populations are present within the Study Area. The minimization measures, mitigation measures, and BMPs included in the 2017 FONSI would be followed, as appropriate. ♦ Relocations — Construction of at least one complete street on 4th, 3rd, or 1st Avenue WN would be completed within either current Burlington Northern Santa Fe (BNSF) or City ROW. For 1st and 3rd Avenue WN, approximately 900 square -feet of Mall property would be temporarily disturbed, and for 4th Avenue WN, approximately 3,300 square -feet of Mall property would be temporarily disturbed during construction. During final design, the City and Mall owners would enter into an agreement that outlines each party's responsibilities for the construction and long-term maintenance of a complete street. The agreement would include language to ensure public access by motorized and non -motorized routes to 51" Avenue NW, West Center Street, and Main Street or US Hwy 93. The Kalispell Trail realignment would be located on Mall property; however, the construction of parking spaces to serve Mall patrons would be located on the railbanked land between 4th Avenue WN and 5th Avenue WN. The amount of property temporarily disturbed is yet to be determined and is dependent on the Mall's parking design. Because the northeast trailhead connection would be constructed on vacant land, no construction impacts are anticipated. There would be a permanent loss of parking spaces due to implementation of the complete streets: the 1st Avenue WN complete street would result in the loss of approximately 10 parking spaces at the Mall; the 3rd Avenue WN complete street complete street would result in the loss of approximately 2 to 4 parking spaces, which are currently located in the public ROW and being used fora private business; and the 4th Avenue WN complete street would result in the loss of approximately S parking spaces at the Mall. Approaches to the business parking lots at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WN might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross-section. However, it is not possible at this time to determine if there would be a net loss of parking spaces at these businesses. For the Kalispell Trail realignment, parking could be constructed by the Mall on the railbanked area, which could potentially offset the loss of parking caused by the implementation of one or more of the complete street options. The northeast trailhead connection would be located on vacant land owned by Montana Department of Transportation (MDT) and would not displace or require MDT to relocate its facilities or operations. The mitigation measures included in the 2017 FONSI would be followed, as appropriate. In addition, an agreement would be established between the City and Mall owners to address the Kalispell Trail realignment and any net loss of parking spaces at the Mall as a result of the 1st and 4th Avenue WN complete streets. The two to four parking spaces that would be lost at the private business as a result of the 3rd Avenue WN complete street would not require mitigation, as they are currently located in public ROW. An agreement would be established between the City and business owners at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WN to address any net loss of parking spaces as a result of the approach relocation(s). The northeast trailhead connection would require an agreement between the City and MDT. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment V October2019 ♦ Hazardous Waste — Considering the design and planned construction activities for the complete streets, Kalispell Trail realignment, and northeast trailhead connection, it is not anticipated that hazardous materials or hazardous wastes would be present in amounts or locations that would pose an unacceptable risk to the general public or natural resources. Ground -clearing activities would be shallow and would not reach the groundwater. In addition, since groundwater flow at the City Service Valcon leaking underground storage tank (LUST)/underground storage tank (UST) site is toward the south- southwest, away from the Project Area, no impacts on, or from, this site are anticipated from the Build Alternative. Construction activities may require the use of small amounts of hazardous materials (e.g., cleaning agents, lubricants, fuels, solvents, fertilizers) and may result in the generation of hazardous waste. Considering the purpose, design, and operation activities of the Project, it is not anticipated that hazardous materials or wastes would be present in amounts or locations that would pose an unacceptable risk to public health or the environment. The minimization and mitigation measures included in the 2017 FONSI would be followed, as appropriate. Glacier Rail Park and Kalispell Core Area Development and Trail Project 1qW IV Supplemental Environmental Assessment V1 October2019 CONTENTS ExecutiveSummary........................................................................................................................ i Acronymsand Abbreviations......................................................................................................... x Chapter 1 Purpose and Need of the Project............................................................................... 1 1.1 Introduction............................................................................................................1 1.2 Background.............................................................................................................1 1.2.1 2017 EA.............................................................................................................. 1 1.2.2 Previous Public and Agency Involvement.......................................................... 3 1.3 Project Location......................................................................................................5 1.4 Purpose and Need..................................................................................................5 Chapter2 Alternatives.............................................................................................................. 8 2.1 No -Build Alternative...............................................................................................8 2.2 Build Alternative.....................................................................................................8 2.2.1 Complete Street Options................................................................................. 10 2.2.2 Kalispell Trail Realignment............................................................................... 13 2.2.3 Northeast Trailhead Connection...................................................................... 14 Chapter 3 Affected Environment and Environmental Consequences ....................................... 15 3.1 Introduction..........................................................................................................15 3.2 Scope of Analysis..................................................................................................15 3.2.1 Resource Areas Omitted.................................................................................. 15 3.2.2 Resource Areas Analyzed in Detail................................................................... 17 3.2.3 Summary..........................................................................................................17 3.3 Air Quality.............................................................................................................29 3.3.1 Affected Environment...................................................................................... 29 3.3.2 Environmental Consequences......................................................................... 29 3.3.3 Mitigation........................................................................................................ 30 3.4 Noise and Vibration..............................................................................................30 3.4.1 Affected Environment...................................................................................... 31 3.4.2 Environmental Consequences......................................................................... 31 3.4.3 Mitigation........................................................................................................ 31 3.5 Land Use...............................................................................................................32 3.5.1 Affected Environment...................................................................................... 32 3.5.2 Environmental Consequences......................................................................... 33 3.5.3 Mitigation........................................................................................................ 34 3.6 Ecological Systems................................................................................................34 3.6.1 Affected Environment...................................................................................... 34 3.6.2 Environmental Consequences......................................................................... 34 3.6.3 Mitigation........................................................................................................ 35 3.7 Traffic and Transportation....................................................................................35 3.7.1 Affected Environment...................................................................................... 36 3.7.2 Environmental Consequences......................................................................... 37 Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment vll October2019 3.7.3 Mitigation........................................................................................................ 38 3.8 Socioeconomics and Environmental Justice.........................................................39 3.8.1 Affected Environment...................................................................................... 39 3.8.2 Environmental Consequences......................................................................... 40 3.8.3 Mitigation........................................................................................................ 42 3.9 Relocations...........................................................................................................42 3.9.1 Affected Environment...................................................................................... 42 3.9.2 Environmental Consequences......................................................................... 42 3.9.3 Mitigation........................................................................................................ 43 3.10 Hazardous Waste..................................................................................................43 3.10.1 Affected Environment...................................................................................... 44 3.10.2 Environmental Consequences......................................................................... 45 3.10.3 Mitigation........................................................................................................ 46 3.11 Cumulative and Indirect Impacts..........................................................................46 3.11.1 Affected Environment...................................................................................... 46 3.11.2 Cumulative and Indirect Impacts Assessment ................................................. 47 3.12 Irreversible and Irretrievable Commitments of Resources..................................49 3.13 Permits.................................................................................................................49 Chapter 4 Coordination and Comments.................................................................................. 50 4.1 Public Outreach....................................................................................................50 Chapter5 List of Preparers..................................................................................................... 51 Chapter6 References............................................................................................................. 52 FIGURES Figure1, Kalispell Core Area........................................................................................................................ 6 Figure 2, Project Area Assessed in 2017 EA and this SEA............................................................................... 7 Figure 3, Local Street Cross Section.............................................................................................................. 9 Figure 4, 4th Avenue WIN Connection.........................................................................................................10 Figure 5, 3rd Avenue WIN Connection.........................................................................................................11 Figure 6, 1st Avenue WIN Connection..........................................................................................................12 Figure 7, Kalispell Trail Realignment...........................................................................................................13 Figure 8, Northeast Trailhead Connection...................................................................................................14 Figure 9, City Service Valcon Site................................................................................................................45 Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 TABLES Table 1, Summary of Environmental Impacts and Mitigation/Minimization Measures/BMPs......... 18 Table 2, 2017 MDT Annual Average Daily Traffic............................................................................36 Table 3, Demographic and Housing Data.......................................................................................39 Table 4, Employment and Income Data.........................................................................................40 Table5, Race Data........................................................................................................................40 Table6, Preparers.........................................................................................................................51 APPENDICES Appendix A — Glossary of Terminology and Definitions Appendix B — Summary of Public Outreach Appendix C — Memorandum for the Kalispell Trail and Complete Streets Traffic, May 2019 DOCUMENTS INCORPORATED BY REFERENCE Environmental Assessment and Finding of No Significant Impact for the for the Glacier Rail Park/ Kalispell Core Area Development and Trail Project, May 2017 and July 2017 Glacier Rail Park and Kalispell Core Area Development and Trail Project 1qw IV Supplemental Environmental Assessment 1X October2019 ACRONYMS AND ABBREVIATIONS AADT annual average daily traffic APE Area of Potential Effect BMP best management practice BNSF Burlington Northern Santa Fe CEQ Council on Environmental Quality CFR Code of Federal Regulations CO carbon monoxide dBA A -weighted decibels EA Environmental Assessment EO Executive Order ESA Endangered Species Act FONSI Finding of No Significant Impact FIR Federal Register FRA Federal Railroad Administration FTA Federal Transit Administration FY Fiscal Year GNRR Great Northern Railroad HzS hydrogen sulfide IPaC Information for Planning and Conservation KPWD Kalispell Public Works Department LUST leaking underground storage tank LWCF Land and Water Conservation Fund MDT Montana Department of Transportation MOA Memorandum of Agreement MPDES Montana Pollutant Discharge Elimination System MTDEQ Montana Department of Environmental Quality NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NO2 nitrogen dioxide NRCS Natural Resources Conservation Service NRHP National Register of Historic Places 03 ozone Pb lead PM particulate matter ROW right-of-way SEA Supplemental Environmental Assessment S02 sulfur dioxide SPCC Spill Prevention, Control, and Countermeasure STIP State Transportation Improvement Plan SWPPP Stormwater Pollution Prevention Plan TIGER Transportation Investment Generating Economic Recovery USC United States Code USDA US Department of Agriculture USDOT US Department of Transportation USEPA US Environmental Protection Agency USFWS US Fish and Wildlife Service UST underground storage tank WATCO Mission Mountain Railroad Glacier Rail Park and Kalispell Core Area Development and Trail Project 1qW IV Supplemental Environmental Assessment g October2019 CHAPTER 1 PURPOSE AND NEED OF THE PROJECT 1.1 Introduction This Supplemental Environmental Assessment (SEA) has been prepared in accordance with the Federal Railroad Administration's (FRA) Procedures for Considering Environmental Impacts (64 Federal Register 28545, May 26, 1999 as updated in 78 Federal Register 2713, January 14, 2013), which are FRA's procedures for implementing the National Environmental Policy Act (NEPA) and the Council on Environmental Quality's (CEQ) NEPA implementing regulations (40 Code of Federal Regulations [CFR] Parts 1500-1508). This document is a supplement to the Environmental Assessment (EA) for the Glacier Rail Park/Kalispell Core Area Development and Trail Project (Project), which was prepared by the City of Kalispell (City) and approved by FRA in May 2017 (hereafter referred to as the 2017 EA). The 2017 EA included analysis of the potential impacts on the human and natural environment from construction and operation of at least one new north - south street connection (i.e., complete street). Three complete street options (8th Avenue WN, 6th Avenue WN, and Whitefish Stage Road [7th Avenue EN]) were analyzed in detail in the 2017 EA; four complete street options (4th, 3rd, 2nd, and 1st Avenue WN) were identified early on in Project planning by the City, but were not analyzed in detail in the 2017 EA. Three of those four complete street options (4th, 3rd, and 1st Avenue WN) are evaluated in this SEA as a result of public outreach conducted by the City for the Project after FRA's issuance of a Finding of No Significant Impact (FONSI) on July 18, 2017. In addition, two modifications to the Kalispell Trail have been proposed by the City since the 2017 EA and are evaluated in this SEA: (1) a potential realignment of a small segment of the Kalispell Trail (approximately 345 feet) between 4th Avenue WN and 5th Avenue WN (Kalispell Trail realignment) and (2) a potential connection of the northeast trailhead (approximately 300 feet) to adjacent public right-of-way (ROW) at the Flathead Drive/US Highway 2 intersection (northeast trailhead connection). These potential modifications to the Kalispell Trail are also result of the City's public outreach efforts and continuation of the Project planning process. The Project is being partially funded through the US Department of Transportation's (USDOT) 2015 Fiscal Year (FY) Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program. 1.2 Background 1.2.1 2017 EA The 2017 EA evaluated potential impacts on the human and natural environment from the two-phase Project, described as follows: ♦ Phase I — Construction and operation of a rail -served industrial park The two-phase Project is the result of a (Rail Park) and associated construction of roadway and traffic major community planning effort known as control improvements and installation and extension of utilities to the Kalispell Core Area Plan. Additional serve the Rail Park. This phase of the Project is substantially details regarding the plan are provided in complete as of January 2019. the 2017 EA. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 1 October2019 ♦ Phase II — Removal of 1.6 miles of existing railroad track; construction of a 12- to 16-foot-wide, paved, public -use trail on The City of Kalispell, Montana, served as the lead local agency and worked in former railroad right-of-way (ROW) (i.e., Kalispell Trail); and coordination with the FRA, Flathead County construction of at least one new north -south street connection (i.e., Economic Development Authority, complete street) to improve connectivity in downtown Kalispell, Burlington Northern Santa Fe Railway, MDT, also known as the Core Area. The City anticipates starting this phase and Mission Mountain Railroad Companies. of the Project in the spring of 2020. Additional details regarding the Project are provided in the 2017 EA. The following is a summary of the three complete street options analyzed in detail in the 2017 EA (i.e., 8th Avenue WN, 6th Avenue WN, and Whitefish Stage Road [7th Avenue EN]); additional details are provided in the 2017 EA. ♦ 8th Avenue WN — This street connection would be from 8th Avenue WN to West Center Street. The existing road consists of an approximate 35-foot-wide, asphalt -paved roadway that lacks sidewalks and curb and gutter within 60 feet of ROW. This connection would improve connectivity for the local north - south street system and reduce traffic at the 5th Avenue WN and Meridian Road crossings. Potential relocations and property acquisitions of several privately owned, commercial businesses would be required to complete this street connection. These relocations and acquisitions were quantified and assessed in the 2017 EA. ♦ 6th Avenue WN —This street connection would be from 6th Avenue WN to West Center Street. North of the existing rail line, the road consists of an approximate 40-foot-wide, asphalt -paved roadway within 60 feet of ROW. It contains a sidewalk and landscaped boulevard on the west side of the roadway and has curb and gutter. South of the existing rail line, the road consists of an approximate 33-foot-wide, asphalt - paved roadway within 60 feet of ROW. It lacks a sidewalk and curb and gutter. This connection would improve connectivity for the local north -south street system and reduce traffic at the 5th Avenue WN and Meridian Road crossings. Potential relocations and property acquisitions of several privately owned, commercial and industrial businesses would be required to complete this street connection. These relocations and acquisitions were quantified and assessed in the 2017 EA. ♦ Whitefish Stage Road (7th Avenue EN) —This street connection would be from Whitefish Stage Road (7th Avenue EN) to Woodland Avenue. Whitefish Stage Road (7th Avenue EN) is north of the existing rail line and consists of an approximate 24-foot-wide, asphalt -paved roadway within 60 feet of ROW. The road is dead -ended by the existing railroad tracks and lacks pedestrian facilities and curb and gutter. Woodland Avenue is south of the existing rail line and consists of an approximate 48-foot-wide, asphalt -paved roadway that runs adjacent to Woodland Park within 60 feet of ROW. A public -use path runs along the eastern side of Woodland Avenue and is separated from the roadway by a boulevard. This connection would primarily reduce traffic on the existing 4th Avenue East crossing. Potential relocations and property acquisitions of several privately owned, commercial and industrial businesses would be required to complete this street connection. These relocations and acquisitions were quantified and assessed in the 2017 EA. Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment 2 October2019 1.2.2 Previous Public and Agency Involvement This section provides a brief summary of the public and agency involvement efforts previously conducted for the Kalispell Core Area Plan and 2017 EA. Development of, and community outreach for, the Kalispell Core Area Plan took place for more than two and a half years, ending in 2012. One hundred and thirty-nine (139) individual property owners were interviewed by the City of Kalispell; newsletters were mailed; and there were several open houses, public meetings, and presentations throughout 2011 and 2012. In addition, in 2012, a Kalispell Chamber of Commerce presentation, televised planning board hearings, and televised city council hearings were held and repeated on public access television for one month. Since the City Council adopted the Kalispell Core Area Plan in December 2012, construction and operation of the Rail Park and Kalispell Trail has been the focus of numerous public presentations to local organizations. In 2014 and 2015, the City Council solicited support for the Rail Park and Kalispell Trail from Montana's Senators and Congressmen. The solicitations were followed up by televised public meetings and council presentations. Public and agency coordination efforts for the 2017 EA began in the early stages of Project planning and continue through Project design and construction. Scoping packages were sent to federal, state, and local agencies and other interested parties in 2013 and 2015. Consultation in accordance with Section 106 of the National Historic Preservation Act began in 2016. After approval of the Draft EA by FRA on May 18, 2017, the document was made available to the public for a 30-day review and comment period from May 19 through June 17, 2017. FRA approved a FONSI for the Project on July 18, 2017. Between FRA's issuance of the FONSI and City's Deep Dive design event in June 2018, the Project has been the focus of 14 presentations by City staff to organizations, such as area chamber of commerce groups, Kalispell Rotary, Northwest Montana Association of Realtors, Montana Downtown Conference attendees, and Leadership Flathead members. Additionally, City personnel staffed a Northwest Montana Fair booth for three days in August 2017 to provide information and receive public comments on the Project. City staff and Project partners (i.e., Flathead County Economic Development Authority, Burlington Northern Santa Fe [BNSF], Mission Mountain Railroad [WATCO], and Montana Department of Transportation [MDT]) also hosted a Glacier Rail Park Groundbreaking event in late August 2017 to celebrate the commencement of the Project. Tours of the Project area were provided to Montana Governor Steve Bullock and members of the Community Builders organization. The Deep Dive design event was held from June 4 to 8, 2018, to gather feedback from the community on the preferred trail design concepts and three complete street options proposed in the 2017 EA. It encompassed multiple events, stakeholder meetings, and consultation with the public. More than 600 people attended the series of events. The Kalispell City Council traveled to Washington, DC once a year over the course of five years (2014 to 2018) to provide a Project update to Montana's Senators and Congressman, as well as a number of federal agencies, such as the US Environmental Protection Agency (USEPA), Surface Transportation Board, US Economic Development Administration, and FRA. Each trip was followed up with a presentation at the City Council meeting, which were open to the public and televised. During the post-2017 FONSI period, the City reached out to landowners that would be affected by a potential 8th or 6th Avenue WN complete street connection. 6th Avenue WN received little support, with members of the public stating that the complete street would be too close to 5th Avenue WN to be of significant value. 8th Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment 3 October2019 Avenue WIN and Whitefish Stage Road (7th Avenue EN) received substantial public support, but little support from the potentially affected property owners. Both options scored highly with regard to overall north -south connectivity and the value to the transportation network as a whole. 8th Avenue WIN scored highest in its perceived value to improve economic activity in the Core Area, whereas Whitefish Stage Road (7th Avenue EN) was perceived as a greater value to non -motorized connectivity and access to destinations. The City also sent out approximately 120 newsletters in July 2018 to the Woodland Avenue residents informing them of the The Trail Crew is an advisory committee to the City made up of the following organizations: Flathead County general popular support for connecting their street to 7th Economic Development Authority/Montana West Avenue EN and inviting them to provide written, email, or Economic Development, Flathead County Library System, telephone comment. The City also advertised a 30-day comment Kalispell Business Improvement District/Downtown Association, Kalispell Chamber of Commerce, Kalispell period and scheduled an open house. A total of 30 members of Convention and Visitor Bureau, Kalispell Center Mall, the public attended the open house and 60 public comments Northwest Montana Association of Realtors, Rails to Trails were received. Of the 60 comments received, 58 were against of NW Montana, Glacier Bank, Kalispell Architectural Whitefish Stage Road (7th Avenue EN) as a complete street Review Committee, Kalispell Urban Renewal Agency option, stating that it would be a detriment to neighborhood Board, Kalispell Parks & Recreation Department, Kalispell Public Works, Kalispell City Clerk, MDT, Museum at safety and livability due to increased traffic and noise. As a Central School, Kalispell Regional Healthcare, Kalispell result, the Trail Crew concurred that Whitefish Stage Road (7th Public Schools, Flathead Industries, Kalispell Revolving Avenue EN) should be removed from consideration as a Loan Fund Committee, Agency on Aging, Planning Board complete street option. I Member, and Bike Walk Montana. Throughout the outreach period, the overall sentiment from the general public, property owners within the Core Area, and majority of those potentially directly affected by a proposed street connection was consistently positive toward the Project as a whole and the construction of the Kalispell Trail specifically. Other options for complete street routes were suggested by the public during the City's additional outreach period. One route suggested by a member of the public was determined by the City to impact more property owners than the three options analyzed in the 2017 EA and the three options currently under consideration in this SEA, and therefore, require more land acquisition. The need for the City to acquire more land could place the Project at greater risk of exceeding budgeted funds available and extending the Project schedule. One public comment submitted since the 2017 EA requested the upgrade of utilities within the Core Area, but outside the construction limits of the Project as defined in the 2017 EA. While there may be a general need for improved utility infrastructure in downtown Kalispell, improving transportation efficiency and safety is the specific focus of this TIGER -funded Project. The City continues to maintain open communications with the affected property owners and will continue to do so throughout the life of the Project. The City has historically been and remains reluctant to take any property through the eminent domain process, and since the 2017 EA has had difficulties conducting property appraisals and purchasing property through the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Relocation Act) that are necessary to implement the 6th and 8th Avenue WIN options. To ensure the Project can be completed within the current budget and schedule, the City chose to explore other options for the locations of the complete street connection(s), which are a required scope element of the FY 2015 USDOT TIGER Discretionary Grant Agreement. The City is developing this SEA to analyze three street connections that are within the Study Area used for the 2017 EA, but were not analyzed in detail in the EA (i.e., 4th, 3rd, and 1st Avenue WN). In addition, a potential Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment Q October2019 realignment of a small segment of the Kalispell Trail between 4th Avenue WN and 5th Avenue WN and a potential connection of the northeast trailhead to adjacent public ROW at the Flathead Drive/US Highway 2 intersection being considered in this SEA. These potential modifications to Phase II of the Project are a result of the City's public outreach efforts and a continuation of the Project planning process; they are located 2017 EA Study Area and Project Area, but were not analyzed in the 2017 EA. 1.3 Project Location The Project is located in the City of Kalispell, Flathead County, Montana. 4th, 3rd, and 1st Avenue WN are located in downtown Kalispell (i.e., the Core Area), north The Core Area is the traditional of the Kalispell Center Mall (Mall). The three street connections, Kalispell Trail industrial hub adjacent to downtown located along the rail realignment, and northeast trailhead connection are included in the Project Area corridor within City limits. It is assessed in the 2017 EA. This Project Area was defined as the area that would be bounded to the north by directly impacted by the construction of the Rail Park, Kalispell Trail, and Washington Street, east and west associated improvements (e.g., complete street connections, new traffic control by City limits, and south by 1st devices and utilities, and roadway improvements). Additional details pertaining Street. to the Core Area are provided in the 2017 EA. Figure 1 provides an overview of the Kalispell Core Area, and Figure 2 provides an overview of the Project Area with the locations of all proposed complete street connections (analyzed in the 2017 EA and this SEA) and the northeast trailhead. 1.4 Purpose and Need As discussed in the 2017 EA, the Project is needed to address several issues associated with the current layout of the Kalispell Core Area (e.g., restricted/limited traffic movement, lack of adequate and safe pedestrian facilities). The existing railroad line to be removed and ROW to be converted to the Kalispell Trail runs directly through the Core Area, splitting and isolating Kalispell into northern and southern portions. Adjacent to the existing railroad tracks are small city lots, incompatible uses, several acres of underdeveloped and undeveloped properties, and dead-end streets. Currently, north -south traffic movement is restricted in the Core Area, because there are only six at -grade railroad crossings across the nearly two-mile width of the City, which diverts traffic to US Highway 93 and impacts access and circulation within the Core Area. With the removal of the railroad tracks to accommodate the Kalispell Trail, there is an opportunity to provide needed connectivity in the Core Area. Constructing Sth Avenue WN, 6th Avenue WN, and/or Whitefish Stage Road (7th Avenue EN), as identified in the 2017 EA, and/or at least one complete street along 4th, 3rd, or 1st Avenue WN, as identified in this SEA, would increase the number of north -south connections in the Core Area. The benefits of these additional streets include an increase in accessibility and connectivity to the development in the US Highway 2/US Highway 93 area, as well as the underdeveloped and undeveloped lots north of the railroad corridor. This would improve circulation in the Core Area, specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93. It would also provide opportunity for development of additional businesses and residences along 4th, 3rd, 2nd, and 1st Avenue WN; W Montana Street; and US Highway 2 and improve the general appeal of the area. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 S 0 R n �L CHAPTER 2 ALTERNATIVES This chapter provides details on the No -Build Alternative and Build Alternative analyzed in this SEA. Where necessary, information from the 2017 EA is summarized briefly. 2.1 No -Build Alternative CEQ regulations require consideration of the No Action Alternative (No -Build). The No -Build Alternative serves as a baseline against which the potential impacts from the Build Alternative can be evaluated. Under the No -Build Alternative, the City would not implement Phase II of the Project. There would be no construction of the Kalispell Trail or complete street connections, nor any of the proposed modifications described in this SEA. The number of north -south connections in the Core Area and accessibility and connectivity to the existing retail areas and underdeveloped and undeveloped lots north of the railroad corridor would not be increased or improved. Traffic circulation in the Core Area (specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93) and the general appeal of the area would not be improved. The No -Build Alternative does not meet the Project's purpose and need. 2.2 Build Alternative As previously discussed in Section 1.2.1, the 2017 EA analyzed construction and operation of at least one north -south complete street. Based on information known at the time and public input received for the Project, only three complete street options (i.e., Sth Avenue WN, 6th Avenue WN, and Whitefish Stage Road [7th Avenue EN]) were evaluated in detail in the 2017 EA. Four potential connections (i.e., 4th, 3rd, 2nd, and 1st Avenue WN) were not analyzed in detail in the 2017 EA, because of the comparatively stronger positive public input received for the Sth Avenue WN, 6th Avenue WN, and Whitefish Stage Road (7th Avenue EN) options. Subsequently, these three complete street options (Sth Avenue WN, 6th Avenue WN, and Whitefish Stage Road [7th Avenue EN]) were included in the 2017 FONSI for the Project. However, in response to public input after issuance of the FONSI (see Section 1.2.2), three of the four complete street options (i.e., 4th, 3rd, and 1st Avenue WN) that were not analyzed in detail in the 2017 EA are being considered in this SEA as part of the Build Alternative for Phase II of the Project. In addition, the City's public outreach and Project planning process resulted in two proposed modifications to the Kalispell Trail that are also analyzed as part of the Build Alternative in this SEA: (1) a potential realignment of a small segment of the Kalispell Trail between 4th Avenue WN and 5th Avenue WN (Kalispell Trail realignment) and (2) a potential connection of the northeast trailhead to adjacent public ROW at the Flathead Drive/US Highway 2 intersection (northeast trailhead connection). The potential complete street options would increase the number of north -south connections in the Core Area and provide connectivity and increase accessibility to the retail areas and underdeveloped and undeveloped lots north of the railroad corridor. This would meet the Project's purpose and need in terms of improving circulation in the Core Area, specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93. It would also provide opportunity for developers to construct additional businesses and residences along 4th, 3rd, 2nd, and 1st Avenue WN; W Montana Street; and US Highway 2 and improve the general appeal of the area. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 A desktop study of traffic for the three complete street options was conducted by KLJ in February 2019 and documented in the Memorandum for the Kalispell Trail and Complete Streets Traffic (May 2019) (Appendix C). The memorandum informed the analysis in this SEA. At least one complete street would be constructed as part of Phase 11 of the Project, which the City anticipates beginning in the spring of 2020. All of the streets considered for connection are owned and maintained by the City. The City has a 60-foot-wide ROW on each roadway. Roadway improvements for existing roadways (including sidewalk and curb and gutter installation, urban tree plantings, and sewer and water extensions) would be located within the existing 60-foot-wide ROW and the Project Area limits. Completed street connections would meet the City of Kalispell local street standards and complete street policy (per the Standards for Design and Construction dated April 2, 2019), providing two 14-foot-wide driving lanes, a minimum 9-foot-wide boulevard separating the roadway from a 5-foot-wide sidewalk, tree plantings, and sewer and water extensions, as needed for this Project (KPWD 2019) (see Figure 3). In addition, warning or stop signs would be installed at road crossings, and curb bump outs would be installed to reduce the distance pedestrians must cross. 10, 80' RIGHT OF NSA" SIDEWALK CURB AND B4ULEVARa GUTTER 14' 14' 9' 5' 2% {*4' ASPHALT 6 CRUSHED LASE B" SELECT SUB —BASE 34' Figure 3, Local Street Cross Section in The following includes additional details on construction of the complete street options, the Kalispell Trail realignment, and the northeast trailhead connection which collectively are the Build Alternative analyzed in this SEA. Glacier Rail Park and Kalispell Core Area Development and Trail Project lqw IV Supplemental Environmental Assessment 9 October 2019 2.2.1 Complete Street Options 2.2.1.1 4th Avenue WN Please refer to Figure 4 for a depiction of the 4th Avenue WN connection. To connect 4th Avenue WN from north of the existing railroad corridor to the Mall, the Mall parking lot would require reconfiguration to address the offset between 4th Avenue WN and the major aisle in the parking lot. Unless the diagonal parking configuration is modified, traffic entering the Mall would be required to turn right to access the Mall parking lots. Approximately 3,300 square -feet of Mall property would be temporarily disturbed, and approximately eight parking spaces at the Mall would be lost. During final design, the City and Mall owners would enter into an agreement that outlines each party's responsibilities for the construction and long- term maintenance of a complete street. The agreement would also address the Kalispell Trail realignment and any net loss of parking spaces at the Mall. The approach to the business parking lot at the intersection of US Highway 2 and 4th Avenue WN (not shown in Figure 4) might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross-section. However, it is not possible at this time to determine if there would be a net loss of parking spaces at this business. An agreement would be established between the City and business owner to address any net loss of parking spaces. Due to safety reasons, Railroad Street West, which is not improved or a public facility and does not provide any private access, would also need to be blocked permanently at 4th Avenue WN. Figure 4, 4th Avenue WN Connection Glacier Rail Park and Kalispell Core Area Development and Trail Project IqW IV Supplemental Environmental Assessment 10 October2019 2.2.1.2 3rd Avenue WN Please refer to Figure 5 for a depiction of the 3rd Avenue WN connection. Approximately 900 square - feet of Mall property would be temporarily disturbed. Approximately two to four parking spaces, which are currently located in the public ROW and being used for a private business immediately north of the proposed Kalispell Trail on the east side of 3rd Avenue WN, would be lost. During final design, the City and Mall owners would enter into an agreement that outlines each party's responsibilities for the construction and long-term maintenance of a complete street. The approach to the business parking lot at the intersection of US Highway 2 and 3rd Avenue WN (not shown in Figure 5) might require relocation or reconfiguration, and parking spaces could be lost, depending on the ROW and complete street cross- section. However, it is not possible at this time to determine if there would be a net loss of parking spaces at this business. An agreement would be established between the City and business owner to address any net loss of parking spaces. KALISPELL CENTER MALL Figure 5, 3rd Avenue WN Connection Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 11 October2019 2.2.1.3 1st Avenue WN Please refer to Figure 6 for a depiction of the 1st Avenue WN connection. To connect 1st Avenue WN from north of the existing railroad corridor to the Mall, the Mall parking lot would require reconfiguration to address the offset between 1st Avenue WN and the major aisle in the parking lot. Unless the diagonal parking configuration is modified, traffic entering the Mall would be required to turn right to access the Mall parking lots. Approximately 900 square -feet of Mall property would be temporarily disturbed, and approximately 10 parking spaces at the Mall would be lost. During final design, the City and Mall owners would enter into an agreement that outlines each party's responsibilities for the construction and long-term maintenance of a complete street. The agreement would also address the Kalispell Trail realignment and any net loss of parking spaces at the Mall. The approach to the business parking lot at the intersection of US Highway 2 and 1st Avenue WN (not shown in Figure 6) might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross-section. However, it is not possible at this time to determine if there would be a net loss of parking spaces at this business. An agreement would be established between the City and business owner to address any net loss of parking spaces. Figure 6, 1st Avenue WN Connection Glacier Rail Park and Kalispell Core Area Development and Trail Project IqW IV Supplemental Environmental Assessment 12 October2019 2.2.2 Kalispell Trail Realignment Please refer to Figure 7 for a depiction of the potential realignment of a small segment of the Kalispell Trail between 4th Avenue WN and 5th Avenue WN. As part of the public outreach and design efforts for Phase II of the Project, the Mall expressed to the City an interest in re-routing the proposed Kalispell Trail slightly north of the existing railbed to follow the north property boundary of the northwest corner of the Mall. Realignment of the Kalispell Trail slightly to the north could allow the Mall owners to construct more parking spaces contiguous to the existing Mall parking by utilizing a small portion of railbanked land. Under this scenario, the Kalispell Trail would be routed onto Mall property off the railbanked corridor from near 4th Avenue WN to 5th Avenue WN, a distance of approximately 345 feet, and would cross 5th Avenue WN in the same location as analyzed in the 2017 EA. Should the modification to the Kalispell Trail alignment be implemented, the City and the Mall owners would first enter into an agreement outlining roles, responsibilities, liability, and financial contributions. Within the agreement, the Mall owners would be required to pay for the cost of constructing the parking, plus any additional design and construction cost of the Kalispell Trail, beyond what it would cost to design and construct within the originally proposed railbanked corridor. In addition, the Mall owners would be required to adhere to the relevant terms and conditions of the railbanking agreement, particularly potential removal of parking or other infrastructure should the ROW revert back to railroad use in the future. PEDESTRIAN •RO 51 G 1� Figure 7, Kalispell Trail Realignment ilk Glacier Rail Park and Kalispell Core Area Development and Trail Project 111W IV Supplemental Environmental Assessment 13 October2019 2.2.3 Northeast Trailhead Connection Please refer to Figure 8 for a depiction of the potential connection of the northeast trailhead to adjacent public ROW at the Flathead Drive/US Highway 2 intersection. During the City's planning efforts for Phase II of the Project, several options were identified regarding connection of the Kalispell Trail at its northeast end to existing public ROW. However, no option had been developed in detail prior to the award of the FY 2015 TIGER grant or the 2017 EA. Since the 2017 EA, the City and MDT have discussed constructing the trailhead portion of the Kalispell Trail through vacant MDT property to access Flathead Drive and the intersection at US Highway 2, a distance of approximately 300 feet. This intersection was signalized and improved as part of Phase I of the Project to provide vehicular access to the new Rail Park. This potential pedestrian/bicycle connection would transition down from the Kalispell Trail, just after the existing railroad bridge over US Highway 2 and just before the bump post at the end of the railbanked land. The proposed connection would be required to meet the same design standards as the rest of the Kalispell Trail and Americans with Disabilities Act (ADA) standards, including width, materials, and grade/elevation. The new connection would access the existing pedestrian features of the recently improved Flathead Drive/US Highway 2 intersection. As of the date of this SEA, the City is investigating the specific type of agreement that would be needed with MDT to allow the construction and long-term use of the Kalispell Trail on MDT property. Figure 8, Northeast Trailhead Connection Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 +* 14 CHAPTER 3 AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES 3.1 Introduction This chapter describes the existing environment (i.e., baseline conditions) within the Project and Study Areas (defined below) that could be affected by the alternatives, as well as the potential impacts from the alternatives. This chapter also summarizes best management practices (BMPs) and mitigation, minimization, and avoidance methods that would be implemented as part of the Build Alternative. ♦ Project Area — The Project Area refers to the construction footprint or the area that could be directly impacted during construction and operation of the Project. ♦ Study Area —The Study Area includes the Project Area, as well as a larger area, that could be impacted directly and/or indirectly during construction and operation of the Project. The size of the Study Area varies depending on the resource being analyzed. For certain resources (e.g., traffic and transportation), the Study Area includes the traffic and roadways within the Core Area. For other resources (e.g., socioeconomics and environmental justice), the Study Area includes City of Kalispell and entire State of Montana. 3.2 Scope of Analysis 3.2.1 Resource Areas Omitted The following environmental resource categories that are typically analyzed in NEPA documents are not included in this SEA, for the reasons explained below: ♦ Floodplains — The Project Area is outside of a designated 100-year floodplain per Federal Emergency Management Agency Flood Plain Panel # 30029C 1810J (effective date of November 4, 2015). ♦ Prime and Unique Farmlands — The Project Area does not contain any soils classified by the US Department of Agriculture/Natural Resources Conservation Service as prime or unique farmland or farmland of statewide or local importance. ♦ Wild and Scenic Rivers — There are no rivers in the Project Area that are designated as Wild and Scenic under the National Wild and Scenic Rivers System (Public Law 90-542; 16 United States Code [USC] 1271 et seq.). ♦ Coastal Barriers and Coastal Zone — The Project Area is not located in a coastal barrier or coastal zone area. ♦ Section 6(f) — A search of the Montana Fish, Wildlife, and Parks Recreation Grants Land and Water Conservation Fund (LWCF) Website identified two Section 6(f) resources in the vicinity of the Project Area: Woodland Park and Conrad Complex (Montana State Parks 2008). However, the Build Alternative does not require conversions of these properties; therefore, a Section 6(f) evaluation is not required. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 15 The 2017 EA is incorporated by reference; therefore, the scope of this SEA focuses on only those resource areas that might be affected by the proposed modifications to the Build Alternative (i.e., construction and operation of the 4th, 3rd, and/or 1st Avenue WN complete street; the Kalispell Trail realignment; and the northeast trailhead connection) and No -Build Alternative or that have experienced substantial changes from what was described in the 2017 EA. The following resource areas are not analyzed in full detail, because the affected environment, potential impacts, and mitigation/minimization measures or BMPs described for these resources in the 2017 EA would not substantially change for the Build Alternative analyzed in this SEA. ♦ Water Quality and Water Resources — Construction of the complete street(s) would increase the acreage of impervious surface area north of the existing railroad corridor, which would limit the ability of water to penetrate and restore groundwater sources and produce more surface runoff. The Kalispell Trail realignment would have little or no impact to the impervious surface calculated as part of the 2017 EA/FONSI, and the northeast trailhead connection could slightly increase the acreage of impervious surface area at the northeast corner of the limits of the Kalispell Trail. Any provision of new parking spaces/lot to offset the loss of any existing parking that may only be necessary for certain complete street options could create additional impervious surface if the number of new spaces exceeds existing spaces. As identified in the 2017 FONSI, a Montana Pollutant Discharge Elimination System General Permit from the Montana Department of Environmental Quality (MTDEQ) would be required and regular street sweeping, leaf collection, and storm drainage system inspection and cleaning would be implemented for any selected complete street option(s) as well as the Kalispell Trail. ♦ Energy Use — Electricity and energy resource demand would increase slightly during construction of the complete street(s), Kalispell Trail realignment, and northeast trailhead connection; however, any increase in electricity and energy resource demand would be temporary and is not anticipated to exceed existing capacity. The complete street would reduce fuel consumption by increasing traffic efficiency. ♦ Visual Resources —The appeal of the area north of the existing railroad corridor would be improved with construction of at least one complete street, which would include sidewalk and curb and gutter installation, urban tree plantings, and utility extensions. This would improve the visual appeal and fit with the current visual setting of the streets within the Core Area. This conclusion also applies to the Kalispell Trail realignment and northeast trailhead connection. ♦ Public Health and Safety — Construction of the complete street(s), Kalispell Trail realignment, and northeast trailhead connection would result in temporary increases in fugitive dust and emissions. Public access to work zones would be restricted by fencing and standard safety features. In addition, there would be signed detours, and contractors would follow MDT Work Zone Safety and Mobility Goals and Objectives, Guidelines, Procedures, and Processes (MDT 2015). ♦ Cultural Resources and Historic Properties — The Area of Potential Effect (APE) established as part of Section 106 consultation and assessed in the 2017 EA encompasses the locations of the three complete street options, Kalispell Trail realignment, and northeast trailhead connection analyzed in this SEA. Of the potential historic properties identified and assessed within the APE in the 2017 EA, only one is in the vicinity of the three complete street options: the Continental Oil Company Warehouse and Garage. This property, which is located at 51 1st Avenue West North, was determined to be Not Eligible for the National Register of Historic Places (NRHP) during FRA's Section 106 consultation for the Project in 2016- 2017. Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment 16 October2019 ♦ Section 4(f) — The complete street(s), Kalispell Trail realignment, and northeast trailhead connection would be constructed following the removal of the railroad infrastructure. The NRHP-eligible Great Northern Railroad (GNRR) is a Section 4(f) property. The Memorandum of Agreement (MOA) executed in the 2017 for the Project pursuant to Section 106 includes mitigation to resolve adverse effects on the GNRR. The mitigation included in the MOA represents all possible planning to minimize harm to the Section 4(f))-protected resource. 3.2.2 Resource Areas Analyzed in Detail The following resource areas were evaluated in detail in this SEA, because of I A Glossary of Terminology and (1) the potential that the Build Alternative could create a different impact than Definitions, including laws, what was described in the 2017 EA, or (2) the affected environment has regulations, and Executive Orders, is changed since the 2017 EA. provided in Appendix A. ♦ Air Quality (Section 3.3) ♦ Noise and Vibration (Section 3.4) ♦ Land Use (Section 3.5) ♦ Ecological Systems (Section 3.6) ♦ Traffic and Transportation (Section 3.7) ♦ Socioeconomics and Environmental Justice (Section 3.8) ♦ Relocations (Section 3.9) ♦ Hazardous Waste (Section 3.10) 3.2.3 Summary Potential impacts from the Build Alternative and No -Build Alternative, as well as mitigation/minimization measures and BMPs for air quality, noise and vibration, land use, ecological systems, traffic and transportation, socioeconomics and environmental justice, relocations, hazardous waste, and cumulative impacts are summarized in Table 1. 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'a+ O U x Ma wr ui LU f6 m v 3.3 Air Quality 3.3.1 Affected Environment Criteria pollutants tracked under the USEPA National Ambient Air Quality Standards (NAAQS) include sulfur dioxide (S02), particulate matter (PM), nitrogen dioxide (NO2), ozone (03), lead (Pb), and carbon monoxide (CO). Montana has adopted the NAAQS and has set additional air quality standards for hydrogen sulfide (HzS), fluoride in forage, and settleable PM, as well as visibility standards. The USEPA utilizes the following classifications for each of the six criteria pollutants: attainment, nonattainment, maintenance, and unclassifiable. As of March 31, 2019, the USEPA has determined that Kalispell is in nonattainment for PMlo. Kalispell and Flathead County are in attainment for all other NAAQS (USEPA 2019). The USEPA originally designated Kalispell as a nonattainment area for PMlo in 1987. Five sources were identified as contributing to the PMlo pollution levels in Kalispell, including vehicle exhaust, road dust, prescribed burning, residential wood burning, and industry. Measures were developed to address each source in the USEPA- approved State Implementation Plan (Federal Register Vol. 61, No. 54, 19 March 1996). Since then, Kalispell has shown a continued reduction in annual tons of PMlo, as well as a decline in measured 24-hour ambient air concentrations of PMlo (MTDEQ 2018a). The MTDEQ has developed local air quality programs to regulate residential wood burning and road dust (the primary sources of particulate air pollution in Montana), as well as other minor sources of air pollution. In addition, the MTDEQ has implemented a permitting program for smaller sources of pollution, and in some cases, certain emission controls to ensure that such sources of air pollution are equipped with the best emission - control technology available (MTDEQ Undated). 3.3.2 Environmental Consequences 3.3.2.1 No -Build Alternative The No -Build Alternative would result in no changes to current air quality within the region; however, traffic conditions would remain the same, and automobiles would continue to idle due to limited access, poor traffic circulation, and lack of street connections, further contributing emissions. 3.3.2.2 Build Alternative The Build Alternative would not cause or contribute to a violation of any NAAQS, increase the frequency or severity of NAAQS violations, delay timely attainment of the NAAQS, or expose sensitive receptors to substantially increased PM concentrations. Construction Impacts Construction and ground -disturbing activities would result in temporary emissions of criteria pollutants and fugitive dust. Fugitive dust emissions from construction activities would be the greatest during initial site preparation and would vary from day to day, depending on the construction phase, level of activity, and prevailing weather conditions. All emissions from construction activities would be temporary in nature. Trucks and heavy construction equipment would temporarily generate minor amounts of emissions of PM, SOz, NOz, CO, and volatile organic compounds. Emissions would be limited to the immediate Project Area and are Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October 2019 +* 29 not anticipated to increase the frequency or severity of NAAQS violations or delay timely attainment of the NAAQS, and would be consistent with conformity regulations. Operational Impacts Vehicle idling due to limited access, poor traffic circulation, and lack of street connections would decrease, further reducing emissions. In addition, adding sidewalks and pedestrian pathways through the area would increase the efficiency and public appeal for alternative and non -motorized modes of transportation within the City, such as walking, biking, and rollerblading, which could further reduce emissions. It is anticipated that air quality conditions within the Core Area would improve with the Build Alternative. There would be no long-term, significant, adverse impacts on air quality from construction or operation of the Build Alternative. 3.3.3 Mitigation The minimization measures, mitigation measures, and BMPs are the same as those included in the 2017 FONSI and are summarized as follows: ♦ BMPs to control fugitive dust, such as water spraying, would be implemented as needed. ♦ BMPs, such as using vehicular emission control equipment (e.g., catalytic converters) and limiting construction equipment idle time, would be followed as feasible to minimize impacts. ♦ All construction equipment must satisfy USEPA emission standards for nonroad engines.' 3.4 Noise and Vibration Environmental noise is characterized by A -weighted decibels (dBA), which best replicate how sound is received by the human ear. The Federal Transit Administration (FTA) has outlined noise -sensitive land uses, including the following (FTA 2006): ♦ Category 1 — parks and recreation areas. Tracts of land where quiet is an essential element in their intended purpose. This category includes lands set aside for serenity and quiet, such as outdoor amphitheaters and concert pavilions, National Historic Landmarks with significant outdoor use, recording studios, and concert halls. ♦ Category 2 — residences and buildings where people normally sleep. This category includes homes (e.g., single-family, multi -family, and mobile homes), hospitals, and hotels where a nighttime sensitivity to noise is assumed to be of utmost importance. ♦ Category 3 — institutional land uses with primarily daytime and evening use. This category includes schools, libraries, theaters, and churches where it is important to avoid interference with activities, such as speech, meditation, and concentration on reading material. Places for meditation or study associated with cemeteries, monuments, museums, campgrounds, and recreational facilities and certain historical sites and parks are also included in this category. 1 For emissions standards for nonroad engines and vehicles, such as large spark -ignition engines, compression -ignition engines, and locomotives, refer to the USEPA Emission Standards for Nonroad Vehicles at https://www.epa.gov/emission-standards-reference- guide/epa-emission-standards-nonroad-engines-and-vehicles. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 30 3.4.1 Affected Environment As discussed in the 2017 EA, Big Sky Acoustics, LLC completed a Detailed Noise Analysis and General Vibration Assessment in 2017 that considered noise receivers of interest within 1,000 feet of the Project Area. Category 2 and Category 3 noise -sensitive land uses were identified in the noise Study Area considered in the 2017 noise analysis; no Category 1 noise -sensitive land uses were identified. Since the Project Area assessed in the 2017 EA encompassed the three complete street options, Kalispell Trail realignment, and northeast trailhead connection analyzed in this SEA, additional noise and vibration analyses were not conducted for this SEA. 3.4.2 Environmental Consequences 3.4.2.1 No -Build Alternative The No -Build Alternative would not result in changes or impacts on current noise levels within the noise and vibration Study Area. 3.4.2.2 Build Alternative Construction Impacts Construction of at least one complete street, the Kalispell Trail realignment, and the northeast trailhead connection would result in temporary increases in noise above baseline levels. Noise generated by construction activities would vary depending on the type of equipment used (e.g., bulldozers, front-end loaders, excavators, dump trucks, scrapers, and compactors), the area that the action would occur in, and the distance from the noise source. Although noise level would temporarily be above baseline levels throughout construction during the daytime hours, no significant impacts are anticipated. Operational Impacts Upon completion of construction, the business owners and residents along 4th, 3rd, or 1st Avenue WN, north of the existing rail corridor would experience a slight increase in vehicular traffic noise once a connection street is constructed; however, this noise is expected to be offset by removal of the railroad tracks and associated noise from trains and train horns. In addition, any noise generated as a result of increased vehicular traffic on one or more complete streets would be consistent with the existing noise in the surrounding area. The Kalispell Trail realignment and northeast trailhead connection would not have any additional operational noise impacts. The relocation of freight rail operations as a result of Phase I and Phase II of the Project is anticipated to result in an overall decrease in noise impacts in the Core Area. 3.4.3 Mitigation As stated in the 2017 EA, the 2017 noise analysis did not predict any severe, long-term impacts resulting from noise or vibration requiring mitigation to sensitive noise receptors. However, the same mitigation measure that were included in the 2017 FONSI apply to this SEA: Construction would not take place from 10:00 p.m. to 7:00 a.m. when sensitivity to noise is more pronounced due to lower levels of background noise. Additionally, construction activities would be restricted to weekdays, and would not occur on weekends, unless special permission is granted by the Kalispell Public Works Department or MDT. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 31 3.5 Land Use The Study Area assessed in the 2017 EA encompassed the three complete street options, Kalispell Trail realignment, and northeast trailhead connection analyzed in this SEA; therefore, land use and zoning evaluated and discussed in the 2017 EA are similar for this SEA. 3.5.1 Affected Environment The three complete street options, Kalispell Trail realignment, and northeast trailhead connection are located in the Flathead Valley of Montana, in the heart of the Northern Rocky Mountains Resource Region, just west of the Continental Divide. The valley contains glacial lakes and is flanked by forested, rugged, high elevation mountains with considerable climatic diversity. The three complete street options, Kalispell Trail realignment, and northeast trailhead connection are located in the urban setting of downtown Kalispell (NRCS 2006). The three complete street options and the Kalispell Trail realignment are located in an area zoned as B-3. This area is defined as a business district that provides areas for development of congregated community shopping areas to serve neighborhoods. Some of the permitted uses of this area include: accessory apartments; automobile parking, service stations, and washing and waxing facilities; medical/dental clinics; day care centers; offices; restaurants; retail stores; shopping malls; and parks and publicly owned recreational facilities. Some of the conditional uses of this area include: duplex, multi -family, and mixed -use dwellings; health clubs; hotels/motels; taverns; and bowling alleys (Flathead County 2019a, Flathead County 2019b). The northeast trailhead connection is located in an area zoned as B-2. This area is defined as a business district that provides for those retail sales and service functions and operations that are typically characterized by outdoor display, storage, and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities. This district also serves the general needs of the tourist and traveler. Some of the permitted uses include accessory apartments, automobile (new and used) and accessory sales, bus station, day care center, food stores, hotels/motels, duplex and multi -family dwelling, parks and publicly owned recreational facilities, public transportation shelter stations, retail sales, and restaurants. The area is also under the EEO EVERGREEN ENTERPRISE OVERLAY district. This is a zoning district to diversify allowable businesses along the Evergreen commercial corridor while maintaining existing zoning by overlaying B-2 General Business or B-3 Community Business zoning districts with one additional permitted use. The one additional permitted use is light assembly and manufacturing, fabrication and processing, repairing, packing, storage facilities, warehousing, and distribution of products and equipment provided that such uses do not produce objectionable impacts beyond the lot lines and do not involve materials that are explosive, hazardous, or toxic (Flathead County 2019a, Flathead County 2019b). The natural land use surrounding the Study Area is dominated by developed lands, with croplands and agricultural areas to the north, west, and northeast. Agricultural land consists primarily of grasslands, utilized as sheep, horse, and/or cow pastures throughout the past 60 years. The riparian areas of the Flathead and Stillwater rivers exist to the north and east of the Study Area (USDA 2019). Details regarding the three complete street options, Kalispell Trail realignment, and northeast trailhead connection analyzed in this SEA are provided below: ♦ 4th Avenue WN — The existing road consists of an approximate 40-foot-wide, asphalt -paved, 2-lane roadway that lacks sidewalks and gutters within 60 feet of ROW. Along this street, from West Montana Street south to the dead end, there are commercial buildings, an automobile repair shop, and residential Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 32 October2019 properties. Railroad Street West runs west to east, adjacent to the north of the railroad corridor, until it turns to run north between 3rd and 4th Avenue WN. ♦ 3rd Avenue WN — The existing road consists of an approximate 40-foot-wide, asphalt -paved, 2-lane roadway that lacks sidewalks and gutters within 60 feet of ROW. Along this roadway, from West Montana Street south to the dead end, there are commercial buildings, a warehouse, and residential properties. ♦ 1st Avenue WN — The existing road consists of an approximate 40-foot-wide, asphalt -paved, 2-lane roadway that lacks sidewalks and curb and gutter within 60 feet of ROW. Along this roadway, from West Montana Street south to the dead end, there is a vacant, gravel lot; commercial buildings; and a warehouse. ♦ Kalispell Trail Realignment — This slight modification to the Kalispell Trail alignment would occur at the northwest corner of the Mall, between 4th Avenue WN and 5th Avenue WN, a distance of approximately 345 feet. The Kalispell Trail would cross 5th Avenue WN at the same location as originally planned in the 2017 EA. This modification would allow for additional parking at the Mall, require the Mall's use of the railbanked land, and require the placement of a small segment of the Kalispell Trail on Mall property. All property is currently vacant with gravel or has railroad infrastructure (e.g., tracks). ♦ Northeast Trailhead Connection — The northeast trailhead connection would occur at the northeastern portion of the limits of Phase II of the Project, and would consist of connecting the Kalispell Trail with the Flathead Drive/US Highway 2 signalized intersection, a distance of approximately 300 feet. This connection would be through vacant land owned by MDT. 3.5.2 Environmental Consequences 3.5.2.1 No -Build Alternative There would be no land use changes or impacts associated with the No -Build Alternative, and all current land uses would remain as they exist today. 3.5.2.2 Build Alternative Construction Impacts No impacts on land use from construction of at least one complete street, the Kalispell Trail realignment, or the northeast trailhead connection would be expected, as the zoning would not change from the current designations of B-3 and B-2. Operational Impacts Construction of at least one complete street along 4th, 3rd, or 1st Avenue WN would provide increased access to the retails areas and undeveloped and underdeveloped lots north of the railroad corridor. It would also provide opportunity for developers to construct additional businesses and residences along 4th, 3rd, 2nd, and 1st Avenue WN; W Montana Street; and US Highway 2 and improve the general appeal of the area. The Kalispell Trail realignment could allow the Mall to construct additional parking spaces, to offset the loss of any parking caused by implementation of certain complete street connections. The northeast trailhead connection would not have any impact on land use. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 *� 33 3.5.3 Mitigation No significant, adverse impacts on land use are anticipated due to the construction or operation of at least one complete street, the Kalispell Trail realignment, or the northeast trailhead connection; therefore, no mitigation is proposed. 3.6 Ecological Systems The Study Area for potential impacts on ecological systems assessed in the 2017 EA encompassed the three complete street options, Kalispell Trail realignment, and northeast trailhead connection analyzed in this SEA. There is no substantial change in the affected environment for general wildlife, fish, and vegetation species, and potential impacts and mitigation measures described in the 2017 EA for general wildlife, fish, and vegetation species would be similar for this SEA. Therefore, potential impacts on general wildlife, fish, and vegetation species are not re -assessed in this SEA. The affected environment, potential impacts, and mitigation measures for threatened and endangered species described in the 2017 EA are also similar for this SEA; however, an additional species was identified during reevaluation of the Project Area. According to an inquiry through the US Fish and Wildlife Service (USFWS) Environmental Conservation Online Service Information for Planning and Consultation (IPaC) system (USFWS 2019) and the USFWS Endangered, Threatened, Proposed, and Candidate Species List for Flathead County, Montana (USFWS 2018), the wolverine (Gulo gulo luscus) has the potential to occur within Flathead County. The wolverine is proposed for federal listing as a threatened species; therefore, potential effects to this species must be considered in accordance with Section 7 of the Endangered Species Act (ESA). Therefore, this section only describes the existing conditions, potential impacts, and mitigation measures for the wolverine. All other information regarding ecological systems within the Project Area can be found in the 2017 EA. 3.6.1 Affected Environment In the contiguous United States, wolverine habitat is restricted to high -elevation areas in the west. Wolverines inhabit habitats with near -arctic conditions wherever they occur. Wolverines select habitat areas that are cold and receive enough winter precipitation to reliably maintain deep persistent snow late into the warm season. In the southern portion of the species' range, where ambient temperatures are warmest, wolverine distribution is restricted to high elevations, while at more northern latitudes, wolverines are present at lower elevations. Wolverines have large spatial requirements. The availability of food is likely the primary factor in determining wolverine movements and home range. Wolverines are opportunistic feeders, consuming a variety of foods depending on availability. They primarily scavenge carrion, but also prey on small animals and birds and eat fruits, berries, and insects. The primary threat to the wolverine is from habitat and range loss due to climate warming (USFWS Undated). 3.6.2 Environmental Consequences 3.6.2.1 No -Build Alternative The No -Build Alternative would not impact the wolverine because Phase II of the Project would not be implemented, and therefore, there would be no change in existing conditions. Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment 34 October2019 3.6.2.2 Build Alternative Due to the urban nature and location of the Project and lack of suitable habitat within the Project Area, the Build Alternative is anticipated to have no effect on the wolverine. 3.6.3 Mitigation The minimization measures, mitigation measures, and BMPs are the same as those included in the 2017 FONSI and are summarized as follows: ♦ Measures to minimize impacts on wildlife (including threatened and endangered species) would include the appropriate BMPs, such as silt fencing and reseeding disturbed areas, to control soil erosion and minimize the potential for runoff to affect adjacent waterbodies. ♦ Any storage bins containing liquids would be sealed to prevent wildlife from accessing them, and proper speed limits and restrictions would be followed on roadways to prevent wildlife -vehicle collisions. ♦ To minimize the effects of overhead utility lines on birds in flight, any overhead lines impacted or installed would be marked with bird diverters, and new placements or extensions of utilities would be installed underground. ♦ Should eagle nests be discovered during construction of the complete street(s), Kalispell Trail realignment, or northeast trailhead connection, to avoid disturbing nesting bald eagles, the USFWS recommends (1) keeping a distance between the activity and the nest (i.e., 330 to 660 feet distance buffers depending on visuals from the nest);' (2) maintaining forested or natural areas between the activity and around nest trees; and (3) avoiding certain activities, such as tree removal, during the breeding season (USFWS 2007). ♦ Per Flathead County Weed Control District Revegetation Policy, disturbed areas would be reseeded and reclaimed as soon as possible after construction with a Flathead County Weed Control District -approved seed mix3 and shall occur after completion of the complete street(s), either between April 15 and June 15 or October 1 and November 15. 3.7 Traffic and Transportation Information pertaining to rail and bus traffic and transportation; traffic volumes, transportation issues, and safety concerns on major roadways and minor collector roadways; and bicycle and pedestrian traffic within the Study Area are provided in the 2017 EA. Z Appropriate buffers are based on topography, ecological characteristics of surrounding area, visibility of activities from the nest, and the nature of the proposed activity. s Certified weed seed -free blend absent of legumes and broadleaves (so as not to attract deer) that contains a mixture of 34 percent Potomac orchard grass, 33 percent smooth brome grass, and 33 percent fawn tall fescue must be used. Grass seed percentages should not exceed + or-2 percent variance. Orchard grass shall be of minimum 85 percent germination, smooth brome shall be a minimum of 95 percent germination, and tall fescue shall be a minimum of 95 percent germination (Flathead County 2017). Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 35 October2019 3.7.1 Affected Environment A desktop study of traffic for the three complete street options was conducted by KLJ in February 2019 and documented in the Memorandum for the Kalispell Trail and Complete Streets Traffic (May 2019) (see Appendix C). The memorandum is summarized in this section. The most current year of traffic data available from the MDT Interactive Traffic Map is from 2017. Current traffic volumes on all of the potential complete street options are low (i.e., approximately 500 to 1,000 annual average daily traffic [AADT]). Table 2 provides a summary of the AADT volumes on existing roadways in the immediate vicinity of the three complete street options analyzed in this SEA. These volumes will change over time, and it is assumed the increase in volumes in the Core Area would generally reflect the historic background growth of traffic in downtown Kalispell. Traffic has historically increased through the downtown area at a rate of approximately 1.8 percent per year. Table 2, 2017 MDT Annual Average Daily Traffic COUNTTRAFFIC • • i NUMBERCIFLANES West Center Street Southwest of the Mall 7,150 2 South of the Mall 10,230 4 US Highway 2 West of 8th Avenue WN 19,975 4 West of 4th Avenue WN 19,000 4 North of 1st Avenue WN 20,110 4 East of US Highway 93/Main Street 27,050 4 2 Northwest of the Mall 8,575 West of the Mall 7,450 2 US Highway 93/Main St r Northeast of the Mall 24,460 5 East of the Mall 26,000 5 1st Avenue East Northeast of the Mall 5,150 3 Source: MDT Interactive Traffic Map 2017 Key: AADT = annual average daily traffic Currently, there is restricted north -south traffic circulation in the Core Area due to only six at -grade railroad crossings across the nearly two-mile width of the City. Patrons traveling to the retail areas north of the railroad corridor and Mall are forced to travel around the Mall using 5th Avenue WN, West Center Street, and US Highway 93, as 4th, 3rd, and 1st Avenue WN are dead -ended where the Kalispell Trail will be constructed on the existing railroad corridor. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October 2019 36 3.7.2 Environmental Consequences 3.7.2.1 No -Build Alternative Under the No -Build Alternative, the Kalispell Trail would not be constructed, and there would be no alternative means of non -motorized transportation (e.g., walking, biking) or complete street connections in the Core Area. Bicyclists and pedestrians would not benefit from the added efficiency and safety of a connected trail network or improved street connections. North -south traffic in the Core Area would remain restricted by the limited number of connections, and traffic circulation would not be improved. Patrons traveling to the Mall and other retail areas north of the Mall would still need to travel around the Mall using 5th Avenue WN, West Center Street, and US Highway 93. Accessibility and connectivity to the Mall and other retail areas and underdeveloped and undeveloped lots north of the railroad corridor would not be increased. 3.7.2.2Build Alternative Construction Impacts Construction equipment and machinery may temporarily add more traffic and congestion to the roadways in the immediate vicinity of the three complete street options, Kalispell Trail realignment, and northeast trailhead connection; though final routes for equipment and the maintenance of traffic plans have not been yet determined by the City. Major arterials, such as US Highway 2 and US Highway 93, are anticipated to be used by heavy equipment mobilizing to the construction sites and staging areas. Residents and commercial business owners could experience temporary delays and detours during construction activities. In addition, there could be potential delays and detours along US Highway 2, Flathead Drive, 5th Avenue WN, West Center Street, and US Highway 93 and in the Mall parking lot during construction. Operational Impacts Beneficial impacts would be expected, as operation of at least one complete street would increase the number of north -south connections in the Core Area and improve circulation (specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93). Patrons traveling to the Mall and surrounding retail uses would be able to use 4th, 3rd, or 1st Avenue WN for more direct access. Access and connectivity to the US Highway 2/US Highway 93 area and underdeveloped and undeveloped lots north of the railroad corridor would also be increased. Completion of at least one street connection with improvements, including sidewalks, would provide connectivity for pedestrians in areas previously void of those facilities (i.e., north of the existing railroad corridor). Adverse impacts could be expected on existing residents and business owners along US Highway 2 and the complete street(s), as there would be a slight increase in AADT. With the increase in accessibility and connectivity to the US Highway 2/US Highway 93 area and underdeveloped and undeveloped lots north of the railroad corridor, the general appeal of the area would be improved and additional businesses and residences could be developed along 4th, 3rd, 2nd, and 1st Avenue WN; W Montana Street; and US Highway 2. This would add to the overall increase AADT in the immediate vicinity. Traffic on any one of the complete street options is estimated to increase by approximately 140 vehicles during the evening peak hours (i.e., 3:00 p.m. to 6:00 p.m.), should that complete street facility be implemented. The following is a breakdown of the estimated additional 140 vehicles at the intersection of US Highway 2 and the complete street options considered in this SEA. This slight increase in traffic would not exceed the capacity of the existing roads. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 37 October2019 ♦ 4th Avenue WN/US Highway 2 Intersection > Eastbound, turning right onto 4th Avenue WN off of US Highway 2 — 42 vehicles per hour > Westbound, turning left onto 4th Avenue WN off of US Highway 2 — 42 vehicles per hour > Northbound, turning left onto US Highway 2 off of 4th Avenue WN — 28 vehicles per hour > Northbound, turning right onto US Highway 2 off of 4th Avenue WN — 28 vehicles per hour ♦ 3rd Avenue WN/US Highway 2 Intersection > Eastbound, turning right onto 3rd Avenue WN off of US Highway 2 — 42 vehicles per hour > Westbound, turning left onto 3rd Avenue WN off of US Highway 2 — 42 vehicles per hour > Northbound, turning left onto US Highway 2 off of 3rd Avenue WN — 28 vehicles per hour > Northbound, turning right onto US Highway 2 off of 3rd Avenue WN — 28 vehicles per hour ♦ 1st Avenue WN/US Highway 2 Intersection > Eastbound, turning right onto 1st Avenue WN off of US Highway 2 — 25 vehicles per hour > Westbound, turning left onto 1st Avenue WN off of US Highway 2 — 59 vehicles per hour > Northbound, turning left onto US Highway 2 off of 1st Avenue WN —17 vehicles per hour > Northbound, turning right onto US Highway 2 off of 1st Avenue WN — 39 vehicles per hour There would also be a loss of parking spaces, depending on which complete street option(s) is selected and implemented by the City: the 1st Avenue WN complete street would result in the loss of approximately 10 parking spaces at the Mall; the 3rd Avenue WN complete street would result in the loss of approximately 2 to 4 parking spaces, which are currently located in the public ROW and being used for a private business; and the 4th Avenue WN complete street would result in the loss of approximately 8 parking spaces at the Mall. However, the Kalispell Trail realignment could allow the Mall to construct additional parking spaces, to offset the loss of any parking caused by implementation of certain complete street connections. Approaches to the business parking lots at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WN might require relocation, and parking spaces could be lost depending on the ROW and complete street cross - sections. However, it is not possible at this time to determine if there would be a net loss of parking spaces at these businesses. The Kalispell Trail realignment would have no adverse impacts on traffic and transportation, as it would cross 5th Avenue WN in the same location as analyzed in the 2017 EA. The northeast trailhead connection would have no adverse impacts on traffic and transportation; beneficial impacts would be expected from increased pedestrian and bicycle access and safety. 3.7.3 Mitigation The minimization and mitigation measures are similar to those included in the 2017 FONSI and are summarized as follows: ♦ Temporary delays and detours would not occur at every street, intersection, retail driveway, or Mall driveway simultaneously; construction would be staggered. ♦ Access to all businesses and residences would be maintained throughout construction. ♦ Detours would be signed and marked clearly for travelers, and a Work Zone Safety and Mobility Transportation Management Plan and Maintenance of Traffic Plan following MDT guidelines (MDT 2015) would be developed and adhered to by the City's contractor. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 38 October2019 ♦ The public would be notified in advance of closures or detours through means of local news stations, newspapers, and radio announcements. ♦ To determine if signalization and/or turn lanes would be warranted at the completed street connections, future traffic signal warrant studies on the street connections would be completed by the City after construction. If the traffic signal warrant studies indicated a need for signalization and/or turn lanes, traffic signals and appropriate lane configurations would be installed in the future by the City, separate from this Project. An agreement would be established between the City and Mall owners to address the Kalispell Trail realignment and any net loss of parking spaces at the Mall as a result of the 1st and 4th Avenue WIN complete streets. The two to four parking spaces that would be lost at the private business as a result of the 3rd Avenue WIN complete street would not require mitigation, as they are currently located in public ROW. An agreement would be established between the City and business owners at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WIN to address any net loss of parking spaces as a result of the approach relocation(s). The Kalispell Trail realignment would have the same mitigation measures as outlined for the Kalispell Trail in the 2017 FONSI. In addition, this realignment could allow the Mall to construct additional parking, which could provide potential mitigation for the loss of parking associated with implementation of one or more of the complete street options. The northeast trailhead connection would require an agreement between the City and MDT, the owner of the vacant property the trailhead connection would traverse. 3.8 Socioeconomics and Environmental Justice The Study Area assessed in the 2017 EA encompassed the three complete street options, Kalispell Trail realignment, and northeast trailhead connection analyzed in this SEA; therefore, socioeconomic and environmental justice conditions evaluated and discussed in the 2017 EA are similar for this SEA. 3.8.1 Affected Environment Estimated demographic and housing, employment and income, and race data for the City of Kalispell and State of Montana were derived from the US Census Bureau and are summarized in Tables 3, 4, and 5, respectively. Table 3, Demographic and Housing Data City of 19,927 21,992 10.4% I 3,458 599 Kalispell State of 989,415 1,029,862 4.1% 176,138 81,124 Montana Sources: US Census Bureau 2010, US Census Bureau 2017 Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 39 Table 4, Employment and Income Data City of $23,485 $44,800 Kalispell State of $28,706 $50,801 Montana Sources: US Census Bureau 2010, US Census Bureau 2017 3.0 % Table 5, Race Data 9.7% Office and Administrative Support Occupations (20.3%) 9.1% Management, Business, and Financial Occupations (15.4%) 0 0 PREDOMINANT PREDOMINANT PREDOMINANT PREDOMINANT MAJORITY(2010)•• O•MINORITY City of Kalispell White (94.2%) American Indian and White (94.8%) American Indian and Alaska Native (1.3%) Alaska Native (1.1%) State of White (89.4%) American Indian and White (89.0%) American Indian and Montana Alaska Native (6.3%) Alaska Native (6.5%) Sources: US Census Bureau 2010, US Census Bureau 2017 From 2010 to 2017, the population of Kalispell grew by an estimated 10.4 percent, which is 6.3 percentage points higher than the entire State of Montana. Median household and per capita incomes in Kalispell are lower than the statewide averages, and the percent below the poverty level is slightly higher than the statewide average; however, the unemployment rate in Kalispell is slightly lower than the statewide average. In accordance with the definition of environmental justice population (see Appendix A), the minority population in the City of Kalispell is not meaningfully greater, or at least 10 percentage points higher, than for the entire State of Montana. Therefore, there are no environmental justice populations within the Study Area. Along 4th, 3rd, and 1st Avenue WN, from West Montana Street south to the dead ends at the existing railroad corridor, there are existing commercial and residential properties, and the Mall is located adjacent to the south or the corridor. Immediately north of the Mall, there are approximately 4.0 acres of undeveloped lots and 3.9 acres of underdeveloped lots suited for redevelopment. Currently, potential users and businesses avoid locating to lots north of the Mall, because of restricted access and general appeal of the area. None of the at -grade crossings provide adequate pedestrian facilities or safety features, such as crossing gates across the sidewalks. The Kalispell Trail realignment is within the same area, between 4th Avenue WN and 5th Avenue WN. The northeast trailhead connection would be within a vacant lot, adjacent to the Flathead Drive/US Highway 2 signalized intersection, which has pedestrian features. 3.8.2 Environmental Consequences 3.8.2.1 No -Build Alternative The No -Build Alternative would have no significant impacts on demographics, economics, community cohesion, or businesses within the community. However, neither Kalispell nor the region of northwest Montana would capitalize on the added economic and trade value of creating jobs and attracting new developers/development Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 40 to the Kalispell Trail areas and along 4th, 3rd, 2nd, and 1st Avenue WIN; W Montana Street; and US Highway 2. The general appeal of the area would not be improved, the lack of connectivity in the community and visibility of existing businesses north of the Mall would continue, social benefits to the community would not be realized, and disconnection in the community would continue. There would be no direct or indirect impacts on environmental justice populations, because there are no environmental justice populations within the Study Area. 3.8.2.2 Build Alternative Construction Impacts There may be temporary, localized impacts on commercial businesses and residences north of the railroad corridor during construction of at least one complete street along 4th, 3rd, or 1st Avenue WIN and the Kalispell Trail realignment. There may also be temporary, localized impacts on commercial businesses and residences west and east of the railroad corridor, respectively, near the Flathead Drive/US Highway 2 intersection during construction of the northeast trailhead connection. Impacts could include noise above ambient levels, visibility of construction equipment and activities, fugitive dust emissions, and temporary pedestrian and traffic delays and congestion. Fugitive dust from ground - disturbing activities would be greatest during initial site -preparation and would vary from day to day, depending on the construction phase, level of activity, and prevailing weather conditions. Individuals within the viewshed of temporary construction activities would see construction workers, equipment, lighting, materials, debris, signing, and activities typically associated with construction. Noise generated by construction activities would vary depending on the type of equipment used, the area that the action would occur in, and the distance from the noise source. Operational Impacts Increased connectivity within and access to the Core Area as a result of the removal of the railroad infrastructure and implementation of one or more complete street connections is anticipated to result in socioeconomic benefits. Operation of at least one complete street along 4th, 3rd, or 1st Avenue WIN would improve the general appeal of the area and spur development along 4th, 3rd, 2nd, and 1st Avenue WIN; W Montana Street; and US Highway 2. Underdeveloped and undeveloped lots north of the railroad corridor would become more attractive to developers, visibility of existing businesses north of the railroad corridor would increase, and connectivity in the community would be improved. Long-term, beneficial impacts on the local economy would be expected, as there could be increases in the purchase of goods and services in the local area and subsequent induced development. This could provide overall economic benefits to the area through the creation of jobs and increased payroll taxes and sales receipts. Traffic circulation and connectivity would also be improved with construction of at least one complete street, the Kalispell Trail realignment, and northeast trailhead connection. In addition, transportation options (e.g., walking and biking) would be created, connecting people and neighborhoods with jobs, services, and goods. There would be no direct or indirect impacts on environmental justice populations, because there are no environmental justice populations within the Study Area. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 41 October2019 3.8.3 Mitigation The minimization measures, mitigation measures, and BMPs are similar to those included in the 2017 FONSI and are summarized as follows: ♦ To minimize temporary delays due to construction activities, signed detours and alternative access routes to residences and businesses would be provided. ♦ BMPs, such as watering methods and limiting idle times, to control dust and emissions would be implemented during construction. ♦ To address pedestrian and bicyclist safety, warning or stop signs would be installed at the road crossings, and curb bump outs are proposed to reduce the distance that they must cross roads. ♦ A Traffic and Pedestrian Control Plan would be submitted by the contractor and approved by the Public Works Department for all work within the public ROW. The latest edition of the Manual on Uniform Traffic Control Devices would be followed to create the plan. 3.9 Relocations 3.9.1 Affected Environment As discussed in the 2017 EA, BNSF owns or has rights along 1.6-miles of track through the Core Area. Through the rail banking process, the City would purchase the necessary BNSF property and easements to construct the Kalispell Trail, completely within the acquired BNSF ROW. The City would also enter into agreements with adjacent property owners, including but not limited to the Mall and MDT to implement the complete streets, Kalispell Trail realignment, and northeast trailhead connection. 3.9.2 Environmental Consequences 3.9.2.1 No -Build Alternative There would be no relocations or buy-outs associated with the No -Build Alternative, because Phase II of the Project would not be implemented. 3.9.2.2 Build Alternative Construction Impacts For 1st and 3rd Avenue WN, approximately 900 square -feet of Mall property would be temporarily disturbed, and for 4th Avenue WN, approximately 3,300 square -feet of Mall property would be temporarily disturbed. The Kalispell Trail realignment would be located on Mall property; however, the construction of parking spaces to serve Mall patrons would be located on the railbanked land between 4th Avenue WN and 5th Avenue WN. The amount of property temporarily disturbed is yet to be determined and is dependent on the Mall's parking design. Because the northeast trailhead connection would be constructed on vacant land, no construction impacts are anticipated. Operational Impacts Construction of at least one complete street on 4th, 3rd, or 1st Avenue WN would be completed within either BNSF or City ROW. There would be a loss of parking spaces: approximately 10 parking spaces at the Mall would be lost from the 1st Avenue WN complete street; approximately 2 to 4 parking spaces, which are currently located in the public ROW and being used fora private business would be lost from the 3rd Avenue WN complete Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 42 street; and approximately 8 parking spaces at the Mall would be lost from the 4th Avenue WIN complete street. In addition, approaches to the business parking lots at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WIN might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross -sections. However, it is not possible at this time to determine if there would be a net loss of parking spots at these business parking lots. For the Kalispell Trail realignment, parking could be constructed by the Mall on the railbanked area, which could potentially offset the loss of parking caused by the implementation of one or more of the complete street options. The northeast trailhead connection would be located on vacant land owned by MDT and would not displace or require MDT to relocate its facilities or operations. 3.9.3 Mitigation The mitigation measures are similar to those included in the 2017 FONSI and are summarized as follows: ♦ FRA requires the Project sponsor to comply with the Uniform Act, state law, and the City's own adopted policies and procedures to protect the interests of current landowners or landowners' leases. ♦ The City would provide compensation and assistance in relocations consistently and equitably in accordance with applicable state and federal laws and procedures. ♦ Eligible individuals, businesses, or organizations may receive relocation benefits to minimize hardship and provide the assistance necessary to accomplish this consistently. During final design, the City and Mall owners would enter into an agreement that outlines each party's responsibilities for the construction and long-term maintenance of a complete street. The agreement would also address the Kalispell Trail realignment and any net loss of parking spaces at the Mall as a result of the 1st and 4th Avenue WIN complete streets. The two to four parking spaces that would be lost at the private business as a result of the 3rd Avenue WIN complete street would not require mitigation, as they are currently located in public ROW. An agreement would be established between the City and business owners at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WIN to address any net loss of parking spaces as a result of the approach relocation(s). The Kalispell Trail realignment would have the same mitigation measures as outlined for the Kalispell Trail in the 2017 FONSI. In addition, this realignment could allow the Mall to construct additional parking, which could provide potential mitigation for the loss of parking associated with implementation of one or more of the complete street options. The northeast trailhead connection would require an agreement between the City and MDT, the owner of the vacant property the trailhead connection would traverse. 3.10 Hazardous Waste This section addresses the potential for hazardous materials and wastes and previously contaminated sites to occur in the Project Area associated with the three potential complete street options. It also addresses the potential for the Build Alternative to generate hazardous wastes. The Study Area for analysis of potential impacts due to hazardous wastes corresponds to the Project Area. This is because the Project Area corresponds to ground disturbance work and the potential to encounter hazardous materials during construction activities. The Study Area assessed in the 2017 EA encompassed the three Glacier Rail Park and Kalispell Core Area Development and Trail Project . Supplemental Environmental Assessment 43 October2019 complete street options, Kalispell Trail realignment, and northeast trailhead connection analyzed in this SEA, - therefore, hazardous materials and wastes and previously contaminated sites evaluated and discussed in the 2017 EA are similar for this SEA. 3.10.1Affected Environment As discussed in the 2017 EA, there are no recorded previous spills or hazardous waste sites within the Study Area associated with the Kalispell Trail. A review of the MTDEQ underground storage tank (UST) and leaking underground storage tank (LUST) databases revealed that there is one LUST/UST site adjacent to the west of the Kalispell Trail realignment (MTDEQ 2018b, MTDEQ 2019). The site, City Service Valcon LLC (Facility ID 15-01680), is located at 52 5th Avenue WN in the southwest quadrant of the 5th Avenue WN/Railroad Street W intersection, immediately north of the railroad corridor (see Figure 9). City Service Valcon LLC is a service provider of fuel (wholesale and bulk), lubricants, and propane. The site is listed on the LUST database for a reported release that occurred on December 9, 1998 (Release ID 3612). According to the MTDEQ database, the release has not yet been resolved. The site is also listed on the UST database as having five active USTs and six inactive USTs (MTDEQ 2018b, MTDEQ 2019). A report for this site was obtained from the MTDEQ: Annual Groundwater Monitoring Report for Valcon Distributing (2019). Review of the report revealed that there was a release of petroleum into the groundwater at this site (quantity unknown). Groundwater flow at the site is toward the south-southwest. Currently, there are six groundwater monitoring wells at the site, which are completed to a depth of approximately 15 to 20 feet below ground surface. Groundwater samples collected in 2018 revealed that natural attenuation is occurring, and the dissolved petroleum hydrocarbon plume is shrinking. There are no other LUST or UST sites within immediate vicinity of the complete street options, Kalispell Trail realignment, or northeast trailhead connection. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October 2019 44 �y J LAP k— Lr1 EEiESTRIAN •K 1 1 G,.,,E ,,�trr Flo+.v x� I I \ALTERNATiVE ALIGNN1Ei1iT _✓"!_10%' i Figure 9, City Service Valcon Site 3.10.2Environmental Consequences 3.10.2.1 No -Build Alternative No impacts would be expected, as Phase II of the Project would not be constructed. 3.10.2.1 Build Alternative k Ground -clearing activities run the risk of encountering contaminated soils during construction. The release of such materials to the environment via air, water, and soil could adversely affect natural resources and human health and safety. Considering the design and planned construction activities for the complete streets, Kalispell Trail realignment, and northeast trailhead connection, it is not anticipated that hazardous materials or hazardous wastes would be present in amounts or locations that would pose an unacceptable risk to the general public or natural resources. Ground -clearing activities would be shallow and would not reach the groundwater. In addition, since groundwater flow at the City Service Valcon site is toward the south-southwest, away from the Project Area, no impacts on, or from, this site are anticipated from the Build Alternative. Construction of at least one complete street, the Kalispell Trail realignment, and the northeast trailhead connection may require the removal and/or use of small amounts of hazardous materials (e.g., cleaning agents, lubricants, fuels, solvents, fertilizers, asphalt, ballast) and may result in the generation of hazardous waste (e.g., oily rags, used chemical containers, chemical waste, used oil). Considering the purpose, design, and operation activities of the complete streets, Kalispell Trail realignment, and northeast trailhead connection, it is not anticipated that hazardous materials or wastes would be present in amounts or locations that would pose an unacceptable risk to public health or the environment. No Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 45 October2019 significant, adverse impacts from the use of hazardous materials or generation of hazardous wastes are anticipated. 3.10.3Mitigation The minimization and mitigation measures, and BMPs are the same as those included in the 2017 FONSI and are summarized as follows: ♦ In the event that previously unknown contaminants are discovered during construction or a spill occurs during construction, work would cease until the National Response Center (1-800-424-8002) has been notified by the contractor. ♦ If contamination is encountered, the MTDEQ would also be notified. ♦ Any contaminated soil that is encountered would be temporarily stockpiled and sampled to determine disposal requirements. ♦ Contractors would obtain a Montana Pollutant Discharge Elimination System (MPDES) permit and implement and follow a Stormwater Pollution Prevention Plan (SWPPP) and Spill Prevention, Control, and Countermeasure (SPCC) Plan. ♦ All hazardous wastes generated would be handled in accordance with the Resource Conservation and Recovery Act (RCRA) Subtitle C waste management program and the requirements and regulations of the MTDEQ. 3.11 Cumulative and Indirect Impacts The Study Area for cumulative impacts assessed in the 2017 EA encompassed the three complete street options, Kalispell Trail realignment, and northeast trailhead connection analyzed in this SEA. For all of the resource areas (except air quality, noise and vibration, land use, ecological systems, traffic and transportation, socioeconomics and environmental justice, relocations, and hazardous waste) there is no substantial change in the existing conditions, and potential cumulative impacts and mitigation measures described in the 2017 EAwould be similar for this SEA. Consistent with CEQ guidance (CEQ 1981), FRA and the City did not consider cumulative impacts on resources that were not adversely or permanently affected by the Build Alternative. Therefore, this cumulative impacts assessment only discusses potential cumulative and indirect impacts on air quality, noise and vibration, land use, traffic and transportation, socioeconomics and environmental justice, and relocations. 3.11 .1 Affected Environment The affected environment for cumulative impacts includes past, present, and reasonably foreseeable future projects and actions planned within the vicinity of the complete street options, Kalispell Trail realignment, and northeast trailhead connection. Individually, these projects and actions can result in direct and/or indirect impacts; when combined, they can result in cumulative impacts. MDT, in coordination with state and federal agencies, local and Tribal governments, metropolitan planning organizations, public agencies, citizens, and other interested parties, developed the Statewide Transportation Improvement Program (STIP). The STIP is developed in accordance with the requirements of 23 USC 5 135 and lists transportation projects and needs for the State of Montana. According to the 2016-2020 STIP (MDT 2016) and 2018-2022 STIP (MDT 2018), the following past, present, and reasonably foreseeable future projects and actions (with a budget over $1 million) are located within 50 miles Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 46 of the Project Area, in Flathead County.' None of these projects are within a 0.5-mile radius of the potential complete streets, Kalispell Trail realignment, or northeast trailhead connection. ♦ UPN-7884 SF 119-Slope Flatten 5-206 — Location: 5-206; Slope Flattening; FY 2016. ♦ UPN-6848 Swan River-5M Big Fork — Location: 5-209; Bridge Replacement; FY 2016. ♦ UPN-8626 SF 139-Dern Spring Reconstruct — Location: US-2; Int Improvements; FY 2017. ♦ UPN-7884 SF 119-Slope Flatten 5-206 — Location: 5-206; Slope Flattening; FY 2017. ♦ MT Flathead 917(2)-Blacktail Road Surface Improvement Phase 2 — Location: Blacktail Road; Surface and Drainage Improvements, Slope Stabilization, and Fish Passage; FY 2018. ♦ MT NIPS CLAC 2018(1)-Lake McDonald Lodge BAER Project — FY 2018. ♦ MT PRA CLAC 10(42)-GTSR Final Phase — FY 2018. ♦ MT PRA GLAC 10(30)-West Entrance to Avalanche — Phase 10 — FY 2018. ♦ MT PRA GLAC 10(44)-Lake McDonald Utility Relocation — FY 2018. ♦ UPN-8134 Old Reserve — NW of Kalispell — Location: 5-548; Reconstruction; FY 2020. ♦ UPN-6850 Flathead River 3M NW Big Fork — Location: MT-82; Bridge Replacement; FY 2020. ♦ UPN-8083 S FK Flathead — Hungry Horse — Location: US-2; Bridge Replacement; FY 2020. ♦ UPN-8886 Steel Br Rehab — Corrosion 1— Location: I-90, MT-200, US-93; Bridge Rehab; FY 2020. ♦ UPN-8887 6 Groom/Hall CR-1M W Swan Lake — Location: MT-83; Bridge Replacement; FY 2020. ♦ UPN-8626 SF 139-Dern Spring Reconstruct — Location: US-2; Intersection Improvements; FY 2020. ♦ MT NIPS GLAC 11(3)-Camas Road Slump — FY 2021. ♦ MT NIPS GLAC 1041(2)-Apgar Loop Reconstruction — FY 2021. ♦ SF 169 Conrad & 2nd Intx - Kalispell; UPN 9372000 — FY 2021. ♦ UPN-2017 002 NH 5-3(104)130 — Location: Mountainside to MP 133; Reconstruct; FY 2022. ♦ UPN-2038 004 Kalispell Bypass, Foys Lake Section — Location: Airport and Foys Lake Interchange; Reconstruct; FY 2022. 3.11.2Cumulative and Indirect Impacts Assessment 3.11.2.1 Air Quality Temporary, minimal impacts on air quality would be associated with the Project and other projects and actions due to construction activities and emissions of criteria pollutants and fugitive dust. Impacts from each project would be localized and temporary in nature, and therefore, would result in a negligible, cumulative effect on this resource. 3.11.2.2 Noise and Vibration Temporary, minimal impacts would be expected from increased construction -related noise associated with the Project and other projects and actions. Impacts from each project would be temporary in nature and vary depending on the type of equipment used (e.g., bulldozers, front end loaders, excavators, dump trucks, scrapers, and compactors) the area that the action would occur in, and the distance from the noise source. Therefore, a negligible, cumulative effect would be expected. 3.11.2.3 Land Use Indirect impacts could be expected from the Project, as construction and operation of at least one complete street along 4th, 3rd, or 1st Avenue WIN would provide increased access to the undeveloped and underdeveloped lots north of the railroad corridor and the Mall, and improve the general appeal of the area. ° Does not include typical maintenance projects (e.g., mill and fill, restriping, pavement resurfacing/preservation). Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 47 October2019 This could spur development of new businesses and residences throughout the Core Area. The Kalispell Trail realignment and northeast trailhead connection would not have indirect impacts on land use. 3.11.2.4 Traffic and Transportation Temporary, localized, cumulative impacts would be expected during construction activities associated with the Project and other projects and actions, due to reduced speed limits, detours, and traffic delays near the construction sites. However, potential cumulative impacts would vary depending on the type of construction, size of the project, construction phase, and project location. The Build Alternative, when combined with other projects and actions, would result in improvements on the overall transportation system and increase in accessibility in the region. Therefore, beneficial, cumulative impacts on traffic flow, safety, and accessibility are anticipated for travelers, including residents, buses, pedestrians/bicyclists, and businesses. Indirect impacts could be expected from induced development in the region associated with the Build Alternative and other projects and actions. With the improved transportation system and increased accessibility, the general appeal of the region would be improved, and additional residences and businesses could be developed. This could result in an overall increase in AADT and need for vehicle parking in the region. It is anticipated that, as traffic volume in the region rises, there would be continued, ongoing transportation improvement projects implemented to reduce congestion and maintain safe travel. Therefore, no significant, cumulative or indirect impacts are anticipated. 3.11.2.5 Socioeconomics and Environmental Justice The Project and other projects and actions are anticipated to help foster future economic growth and add employment to the local community. It is not anticipated that the future growth from other reasonably foreseeable projects, in combination with the Project, would result in negative, cumulative impacts on the Study Area. Construction and operation of at least one complete street, the Kalispell Trail realignment, and northeast trailhead connection are expected to increase community cohesion and safety for residents within the Study Area, as are the reasonably foreseeable projects. The jobs created, increased community cohesion, and increased safety resulting from the Project and other projects are anticipated to have a beneficial, cumulative effect. Indirectly, the Project may spur community growth and development due to increasing accessibility to the undeveloped and underdeveloped lots north of the railroad corridor. The Project would improve the general appeal of the area, which could attract developers to establish new businesses and residences. This would increasejobs and economic opportunity within the community. This intensification of future development could result in ancillary effects, such as additional lighting, grading/soils disturbance, and increased impervious surfaces. Anticipated growth impacts resulting from the Project would be consistent with applicable land use planning documents and zoning and are anticipated to be minimal. 3.11.2.6 Relocations The Build Alternative, when combined with other projects and actions, would result in improvements on the overall transportation system and increase in accessibility in the region. With the increased accessibility, the general appeal of the region would be improved and additional residences and businesses could be developed, resulting in an increased need in vehicle parking options. It is anticipated that, as residences and businesses are developed and traffic volume in the region rises, there would be continued, ongoing transportation Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 48 October2019 improvement projects (i.e., additional parking lot(s) constructed). Therefore, no significant, cumulative or indirect impacts are anticipated. 3.12 Irreversible and Irretrievable Commitments of Resources Irreversible and irretrievable commitments of natural resources, manpower, material, and fiscal resources as described in the 2017 EA are similar for this SEA. 3.13 Permits The permits, jurisdictional entities, and responsible parties as described in the 2017 EA are similar for this SEA. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 49 CHAPTER 4 COORDINATION AND COMMENTS 4.1 Public Outreach The City's extensive public outreach activities since the 2017 EA/FONSI are described in Section 1.2.2 of this SEA. This SEA is being made available for a 30-day public review and comment period to satisfy the public involvement requirements of NEPA. The SEA will be posted on the City and FRA Websites, as well as made available in hard copy format at City Hall (201 First Avenue East, Kalispell) and the Imagine Library (247 First Avenue East, Kalispell). Notice of the document's availability will be posted via the City of Kalispell Website, Facebook, RSS newsfeed, and Twitter and in the local newspaper, The Daily Inter Lake, and other readily available public outlets. Any substantive comments received during the 30-day public review and comment period, particularly those that warrant additional analyses in order to determine the effects of the Build Alternative on the human and natural environment, will be addressed in FRA's final NEPA decision document. Please seeAppendix8 for public outreach documentation associated with this SEA. Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 50 CHAPTER 5 LIST OF PREPARERS Table 6 identifies the names and qualifications of the principal contributors to this SEA. In accordance with Part 1502.6 of the CEQ regulations implementing NEPA, the efforts of an interdisciplinary team comprising technicians and experts in various fields were required to accomplish this study. Federal Railroad Administration Planning Innovations, Inc City of Kalispell KU Table 6, Preparers Valarie Kniss Northwest Regional Manager ' Lead Federal Agency; Document Review Laura Shick Supervisory Environmental Lead Federal Agency; Protection Specialist Document Review Mark Hardgrove President Lead Federal Agency MTAC; Document Review Katharine King Assistant Director for Senior Review Community and Economic Development Tom Jentz Planning &Building Director Senior Review Becky Baker Environmental Planner Senior Internal Review Oz Khan Transportation Planner, EIT Traffic Memorandum, Primary Author GISAnalyst Digital Mapping; Exhibit Jeff Price Creation Elizabeth Ricciardi Environmental Lead Impact Assessment, Primary Author Mark Rohweder Municipal Engineer, PE Project Manager Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October2019 CHAPTER 6 REFERENCES CEQ. 1981. Forty Most Asked Questions Concerning CEQ's National Environmental Policy Act Regulations. 23 March 1981, as amended. City Service Valcon. 2019. Annual Groundwater Monitoring Report for Valcon Distributing. Facility ID 15-01680, DEC. Release ID 3612. Prepared by Hydrometrics, Inc. Flathead County. 2017. Flathead County Weed Control District Revegetation Policy. Available online: https://flathead.mt.gov/weeds/Flath eaclCountyDeclared NoxiousWeeds.php Flathead County. 2019a. Flathead County Geographic Information Systems Interactive Map Site. County Zoning Map. Retrieved on 5 April and 29 August 2019. http://maps.flathead.mt.gov/ims/Login.aspx?ReturnUrl=/ims/Map.aspx Flathead County. 2019b. Flathead County Zoning Regulations. Adopted Resolution No. 955A, Permanent File No. 9327013500. Adopted 27 September 1993; Revised 19 March 2019. Flathead County Planning & Zoning Office. FTA. 2006. Transit Noise and Vibration Impact Assessment FTA-VA-90-1003-06. KPWD. 92019. Standards for Design and Construction. 2 April 2019. Available online: https://www.kalispell.com/DocumentCenter/View/466/Standards-for-Design-and-Construction-PDF MDT. 2015. Montana Department of Transportation Work Zone Safety and Mobility Goals and Objectives, Guidelines, Procedures, and Processes. Revised May 2015. Available online: http://www.mdt.mt.gov/visionzero/people/workzone-mobility.shtml MDT. 2016. State of Montana Department of Transportation 2016-2020 Statewide Transportation Improvement Program. May 2016. Available online: https://www.mdt.mt.gov/publications/docs/plans/stip/2016stip_final.pdf MDT. 2018. State of Montana Department of Transportation 2018-2022 Statewide Transportation Improvement Program. June 2018. Available online: https://www.mdt.mt.gov/publications/docs/plans/stip/2018stip_final.pdf MTDEQ. Undated. EPA Approved Regulations in the Montana SIP. Retrieved 4 April 2019. Available online: https://www.epa.gov/sips-mt/epa-approved-regu lations-montana-sip MTDEQ. 2018a. Air Quality Monitoring Network Plan. May 2018. MTDEQ. 2018b. UST database. Last updated on 12 December 2018. Available online: http://deq.mt.gov/Land/ust/ustdownloads MTDEQ. 2019. LUST Site List. Last updated on 2 May 2019. Available online: http://deq.mt.gov/Land/lust/lustsites Montana State Parks. 2008. Montana Fish, Wildlife, and Parks LWCF Sites by County. 14 May 2008. Available online: stateparks.mt.gov/recreation/lwcf.html NRCS. 2006. Land Resource Regions and Major Land Resource Areas of the United States, the Caribbean and Pacific Basin. United States Department of Agricultural Handbook 296. Available online: http://www.n res.usda.gov/Internet/FSE_DOCU M ENTS/n resl42p2_050898.pdf US Census Bureau. 2010. 2010 Census. American Fact Finder. Kalispell and Montana data. Available online: http://factfinder.census.gov/faces/nav/jsf/pages/index.xhtml# US Census Bureau. 2017. 2013-2017 American Community Survey: City of Kalispell and State of Montana data. Available online: https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml USDA. 2019. National Agricultural Statistics Service Cropland Data Layer. Published crop -specific data layer [Online]. Verified USDA-NASS, Washington, DC. Accessed on 5 April 2019. https:Hnassgeodata.gmu.edu/CropScape/ Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment 52 October 2019 USEPA. 2019. Current Nonattainment Counties for all Criteria Pollutants. Data current as of 31 March 2019. Available online: https://www3.epa.gov/airquality/greenbook/ancl.html USFWS. Undated. Species Profile for North American wolverine (Gulo gulo luscus). Available online: https://ecos.fws.gov/ecp0/profile/speciesProfi le?sI d=5123 USFWS. 2007. National Bald Eagle Management Guidelines. May 2007. Available online: https://www.fws.gov/southdakotafieldoffice/NationalBaldEagleManagementGuidelines.pdf USFWS. 2018. Endangered, Threatened, Proposed, and Candidate Species List: Flathead County, Montana. 23 October 2018. Available online: https://www.fws.gov/montanafieldoffice/Endangered_Species/Listed_Speci es/countylist.pdf USFWS. 2019. Information for Planning and Consultation (IPaC), Powered by ECOS - the Environmental Conservation Online System. Core Area Inquiry conducted 18 February 2019. Available online: https://ecos.fws.gov/ipac/location/index * "Maps throughout this document were created using ArcGIS® software by Esri. ArcGIS® and Arc Map— are the intellectual property of Esri and are used herein under license. Copyright © Esri. All rights reserved. For more information about Esri® software, please visit www.esri.com." Glacier Rail Park and Kalispell Core Area Development and Trail Project Supplemental Environmental Assessment October 2019 53 Appendix p Glossary of Terminology and Definitions Appendix A Glossary of Terminology and Definitions Attainment— indicates that the air quality within an area meets the National Ambient Air Quality Standards (NAAQS). Class I Areas —The Clean Air Act affords additional air quality protection near Class I areas. Class I areas include national parks greater than 6,000 acres in size, national monuments, national seashores, and federally designated wilderness areas larger than 5,000 acres designated prior to 1977. Clean Air Act— requires the US Environmental Protection Agency (USEPA) to establish air quality standards for pollutants considered harmful to public health and the environment by setting limits on emission levels of various types of air pollutants. Cumulative Impact —The Council on Environmental Quality (CEQ) Regulation for Implementing the Procedural Provisions of the National Environmental Policy Act (NEPA) defines cumulative impacts as "the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonable foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions (40 Code of Federal Regulations [CFR] 1508.7). Endangered Species Act— In accordance with Section 7 of the Endangered Species Act (ESA) of 1973, 50 CFR Part 402, as amended, each federal agency is required to ensure the following two criteria: (1) any action funded or carried out by such agency must not be likely to jeopardize the continued existence of any federally listed endangered or threatened species or species proposed to be listed and (2) no such action can result in the destruction or adverse modification of habitat of such species that is determined to be critical by the Secretary. Endangered Species — a species is in danger of extinction throughout all or a significant portion of its range. Threatened Species — a species that is likely to become endangered in the foreseeable future. Candidate Species — a plant or animal for which the US Fish and Wildlife Service (USFWS) has sufficient information on its biological status and threats to propose it as endangered or threatened under the ESA, but for which development of a proposed listing regulation is precluded by other higher priority listing activities. While candidate species are not legally protected under the ESA, it is within the spirit of the ESA to consider these species as having significant value and worth protecting. Proposed Species — those candidate species that were found to warrant listing as either threatened or endangered after completion of a status review and consideration of other protective conservation measures. Environmental Assessment (EA) — an informational document intended for use by decision -makers and the public. Environmental Justice Population — should be identified where either: (1) the minority population of the affected area exceeds 50 percent or (2) the minority population percentage of the affected area is meaningfully greater than the minority population percentage in the general population or other appropriate unit of geographic analysis. For purposes of this Supplemental EA, minority population percentages that are 'meaningfully greater' are at least 10 percentage points higher than for the entire State of Montana. An environmental justice population also exists if there is more than one minority group present and the minority percentage, as calculated by aggregating all minority persons, meets one of the previously stated thresholds. EO 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations requires that federal agencies' actions substantially affecting human health or the environment do not exclude persons, deny persons' benefits, or subject persons to discrimination because of their income, race, color, or national origin. Indirect Impact — CEQ defines indirect effects as those "which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable." Indirect effects may include growth -inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems. Low-income Individual — a person whose median income is at or below the Department of Health and Human Services poverty guidelines. Low-income population means any readily identifiable group of low-income individuals who live in geographic proximity and, if circumstances warrant, geographically dispersed/transient persons who would be similarly affected by a project. CEQ guidance does not provide specific criteria for determining low-income populations as it does for minority populations. Therefore, for purposes of this Supplemental EA, the criteria for minority populations, which are defined in this appendix, will be used as the criteria for low- income populations. Low-income percentages that are 'meaningfully greater' are at least 10 percentage points higher than the entire State of Montana. Maintenance (in reference to air quality) — indicates that an area was previously designated nonattainment, but is now in attainment. Minority Population — as defined by CEQ guidance under NEPA (40 CFR § 1500-1508) includes individuals in the following population groups: American Indian and Alaska Native, Asian, Black or African American, Hispanic or Latino (of any race), and Native Hawaiian and Other Pacific Islander. Noise — is unwanted sound that can be intermittent or continuous, steady or impulsive, and stationary or transient. Noise levels heard by humans and animals are dependent on several variables, including distance and ground cover between the source and receiver and atmospheric conditions. Noise is a subjective term, because sound levels can be perceived differently by different people. Perception of noise is affected by intensity, frequency, pitch, and duration. Nonattainment — indicates that one or more criteria pollutant ambient concentrations are greater than N AAQS. Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — regulate hazardous materials and wastes and environmentally contaminated sites. Past and present activities on RCRA and CERCLA facilities typically result in the release of hazardous waste and constituents into the soil, groundwater, surface water, sediments, and air, requiring initial investigation and cleanup or remediation of these hazardous releases. Section 6(f) of the Land and Water Conservation Act — requires that the conversion of lands or facilities acquired with Land and Water Conservation Funds (LWCF) be coordinated with the Department of Interior. When such a conversion occurs, replacement in -kind is typically required. Sound— is vibrational disturbance capable of being detected by the ear. Sound can be intermittent or continuous, steady or impulsive, and can involve any number of sources and frequencies. Human response to sound varies according to the source type, characteristics of the sound source, distance between source and receptor, receptor sensitivity, and time of day. Unclassifiable (in reference to air quality) — indicates that there is not enough information to appropriately classify an area, so the area is considered as being in attainment. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and amendments — provide important protections and assistance for people affected by federally funded projects, which though designed to benefit the public as a whole, may result in acquisition of private property and displacement of people from their homes, businesses, or farms. Appendix B Summary of Public Outreach GLACIER RAIL PARK/ KALISPELL CORE AREA DEVELOPMENT AND TRAIL PROJECT — PHASE II Public Comments Summary The majority of public comments regarding the complete street options were gathered during the City's week-long Deep Dive event. The City sought public input on the following three options: 81" Avenue WN, 61" Avenue WN, and Woodland Avenue. The 6th Avenue WN option received little public support, with the event participants reasoning that it was too close to 51" Avenue WN to be of significant value for improving vehicular flow or improving access to businesses based on current or expected development in the Core Area. The 81" Avenue WN and Woodland Avenue options both received substantial support, with 81" Avenue WN leading in the participants' perceived value to improve economic activity in the Core Area. Woodland Avenue was noted as having greater potential value to non -motorized connectivity, and access to destinations including the Conrad Mansion Museum, Woodland Park, and the Kalispell Trail itself, but was also thought to result in a greater negative impact to existing neighborhood private property such as marked increases in vehicular traffic such that it might become a de facto bypass to the detriment of the quiet, historic neighborhood and safety of residents. Both complete street options scored highly with regard to overall north -south connectivity and the value to the transportation network as a whole. Although Woodland Avenue ranked very high community -wide as a preferred location for a complete street connection, City staff, based on experience from previous public involvement activities, anticipated that the same sentiment may not be shared by property owners along Woodland Avenue. Therefore, the City sent out approximately 120 letters to all property owners fronting Woodland Avenue from Center Street to Willow Glen and advertised a 30-day comment period and an open house on July 10, 2018. 30 people attended the open house and a total of 60 public comments were received. 58 of the 60 comments expressed opposition to Woodland Avenue as a complete street option. The City provided the results of this public process to the Trail Crew (the community stakeholder volunteer group acting as a sounding board for the Project), who recommended to the City Council that Woodland Avenue should be removed as an option based on the opposition from potentially affected property owners. Public comments to date on the complete street options proposed as part of Phase II of the Project (i.e., the Kalispell Trail) have been almost entirely in response to the City's direct community engagement efforts. The overwhelming majority of public comments have been positive and focused on trail design, including crossings and features ranging from landscaping and lighting to amenities that may be built over time through community contributions, such as a splash pad proposed by Kalispell Rotary. ALIGHMEM CRI MA mm % ■ 1 J� Ll i P-AAr ALIGNMENT l- '�� ...r2. Ali, 8TLI ST. W GTH ST, W WOODLAND A �rt a *■ # i t a■ w dF • ■ ■ rt '# rry#e 1� ■ s • ■ • r ■ s • • • # • a a • - r t • a � F.r a rt • l 9 eROS PPOS PROS 1 • Improves Wnrleetlyiq north bsquN Impraeea cnnnactl.Itytmrlh to s4ldR Reduce- br , an the eals11ng 4th All E neasEng • PetlucestmRk at 5tryAreentl Medtl3an Rd rnossldgs RBdYce-MMc at Sth AM and MINI- Rd eressin¢ 'Ies Sfioolaltlewdlks ana poasmlya bjd-ee Provide-5ioot sidewalk and youbly a bike lane Prwldes 54- sda—lN and poealbly a Mva Is ne CONS Property relocepans anyor aqulsitlons regal y CONS O Property relocations end/nr aqulslti.d. requlmd wh n ��1� %�r�� f tmultlb I e I:Irical facLLl new mad would be constructed «-hC. read vmuld be constructetl G " Arrekol h d IncWp g • TRree namhlstarb bulfdings.a eloae0 shape Anar ..ric warehause—d! be demdllsheo,andM �a .y�-[ground elelrmal �dortlemnikTetl wa•ehpnses woald ad damallshetl 1� l ti�4 " hr Mncwamhpuses mayhedemabshed or •RAC L W'es�t H �� preua'? • • _ wcuFa+wnar • -•.�.-w i eaw W� �41 e-°Wj NY_ ¢a. - PPtent'wl ____ " ---- t---- A �Si STE______ W F e __ __ � tl 7111" Allgnmerle 3 osre n � ?ged.um padx+h aRD STyy d' ! E ., � �. 1 1� • I = � Y'•- n ono siw w St W RMROW 1♦ Future Dewlopment Opportunity Commerdal PublirJGmernment 4 .25 - 0.5 G r - 1 Miles — Potential ComRlete -Core Area planning Boundary Street Alignment — 6clsling Troll ■ Industrial/UIIIfOes Residenrial Park/Openspace i y am b OF Kalispell Trail Care Area News Update SUMMER 2018 DearWinodland Avenue Resident, We had a great week June 4--8 as we began the first steps of preparing a design for the Core Area Trail intended to replace the railroad tracks in Kalispell. Over 600 people attended the open houses, workshops and meetings. As many of you know, the new trail will extend from Meridian Road on the west side of Kalispell, through the middle of town easterly to just across the underpass bridge on US 2 {Idaho). The design and public input will continue into the Fall. We a ntici pate that th e railroad tracks will be oamingout of Kalispell sometime next fall as CHS and Northwest Drywall finish their relocation is to the new Glacier Rail Park. Construction of trail imp rovementswould most likely begin in the ng of 2020. acond and equally important part of this project is the construction of at least "comp letestreet" connecting Center with Idaho to provide better community ess across an area that was formerly hampered by the presence of the railroad. ee routes were originallyselected (seethe attached site map)—extendinge Ave. West, extending 6"' Ave. West and extending Woodland Avenue. During our workshops, the Woodland Avenue extension was ranked highest by those attending. Woodland Avenue Extension This new road would conceivably extend from the intersection of Center Street and Woodland Avenue and go northeasterly connecting to 7`h Ave. East which ultfmately beccmes Whitefish Stage. It would be designed to be a typical 2 lane local street, with curb and gutter, grass boulevard, streettrees, and a sidewalk on one side and bike path on the other. The Woodland Avenue extension has been a long standing idea in our city transportation plans. However, because of strong neighborhood sentiment years ago, it was removed from our current city transportation plan and our current city-wide Growth Policy as a priority. While the re is community interest in extending Woodland Avenue, we want to hear from you, the neighborhood, to see if there is support to proceed with this idea. We are sending letters to all property owners along Woodland Avenue. If there is neighborhood support, we will continue to keep this route in the mix. If not, we will remove this route from the process and focus our efforts on one of the other routes. Again, our goal is to make this project a win -win for everyone. Be law is a brief summary of pros and cons to the Woodland Avenue route. 1. This route will improve community traffic circulation. 2. This route will provide little economic benefit to the Kalispell Core Area. 3. This route would afford the community a convenient east side connection between north Kalispell and Whitefish Stage, east Kalispell and south Kalispell/Willow Glen. However, pass through traffic will increase on Woodland Avenue. 4. It will allow the bike path along Woodland Avenue to be extended north towards Idaho Street. 5. The new route will add greater pressure to an already difficult intersection at Woodland Avenue and Second Street (this intersection is currently under review by Montana Department of Transportation). 4•. Camrnunitylnptrtschedule: We a re looking for your comments duri ng the monthofJuly. Wewanttogive you at least five waysto comment. We will be mailing this notice to all property owners along Woodland Avenue from Center Streetto Willow Glen, provide information to local media outlets, and post a Public Service Announcement to all the coed is ou#lets subscribed to notifications on our city web page at http://kalispell.com. How do you Comment? — 5 easy ways. You only have to comment once and any of the methods that are most conve n ie nt for you will work. 1. Send us an email at kalispellplanning.com 2. Send us a letter addressed to Kalispell Planning Dept., PO Box 1997, Kalispell, MT 59903. 3. Give us a phone call at 406-758-7940. 4. Attend an open house at City Hall Council Chambers, scheduled Tuesday, July 10, 20t8 from 11:00 am-2:00 pm and 5:04-7:00 pm (201 First Ave. East). 5. Stop by the Planning Office at City Hall anytime over the next few weeks (201 First Ave. East — Downstairs). (Thanks for your thoughts. Again, whatever complete street is ultimately built, we intend for it to be a win -win for everyone in the community. If you have questions, please call Tom or Jarod at 758-7940. P Appendix C Memorandum for the Kalispell Trail and Complete Streets Traffic, May 2019 < KLI KU 2969 Airport Road Suite 1B PO Box 1567 Helena, MT 59624-1567 406.449.7764 httP://www.kljeng.com Memorandum Date: 5/23/2019 To: City of Kalispell From: Steve Grabill, PE, PTOE; Oz Khan, EIT RE: Kalispell Trail and Complete Streets Traffic This document updates the 2015 traffic study that examined potential street connection impacts related to each of the seven complete street options that were considered along the soon to be abandoned railroad tracks and that would cross the Kalispell Trail in Kalispell, MT (i.e., 8th, 6th, 4th, 3rd, 2nd, 1st Avenue WN and Whitefish Stage Road [7th Avenue EN]). The 2015 traffic study analyzed construction of at least one north -south complete street. Based on information known at the time and public input received for the Project, only three of the options (i.e., 8th Avenue WN, 6th Avenue WN, and Whitefish Stage Road [7th Avenue EN]) were evaluated in detail. Four of the options (i.e., 4th, 3rd, 2nd, and 1st Avenue WN) were not analyzed in detail, due to the comparatively stronger positive public input received for the 8th Avenue WN, 6th Avenue WN, and Whitefish Stage Road (7th Avenue EN) options at the time of the original analysis. Subsequently, the 8th Avenue WN, 6th Avenue WN, and Whitefish Stage Road (7th Avenue EN) options were included in the original analysis for the Project. However, due to responses received during public outreach after issuance of the Project's Finding of No Significant Impact (FONSI) in 2017, the 4th, 3rd, and 1st Avenue WN options, which were not analyzed in detail, are being considered in this analysis as potential Build Alternatives. Constructing at least one of these three complete street options would increase the number of north -south connections in the Core Area; increase accessibility and connectivity to the development in the US Highway 2/US Highway 93 area, as well as the underdeveloped and undeveloped lots north of the railroad corridor; improve circulation in the Core Area, specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93; and provide opportunity for development of additional businesses and residences along 4th, 3rd, 2nd, and 1st Avenue WN. This memorandum will focus on these three complete street options: • Alternative 1: 4th Avenue WN • Alternative 2: 3rd Avenue WN • Alternative 3: 1st Avenue WN This memorandum analyzes the three eliminated complete street options and updates the previous findings based on the most recent traffic data available within the study area. The most recent traffic data, sourced from the Montana Department of Transportation (MDT) Interactive Traffic Map were collected in 2017. Figure 1 below presents the key corridors and Average Annual Daily Traffic (AADT) in the area. 1 «vLl a24] o o m 93 SON gT O%ST v m 2 y �� EWASN►NG N W OREG i� n Z G tL y (t' Lam) G zST _ - %- S4i1MG�ONz 05 m v m wfi��v�'�i: �m W WA � 110 27, Z z 'Z 0log a't� pry OISTANpSS 0 19,975 i 2 19Ofl`� •f' f �tCi r' - Md,�A A y, - 24 z r _,. S ` r. _ i:BAR $T FISHT r � ' Tc Kalispell E OFNST ln Center — ►• _^— 0230 Mall W- CV IST - xxx - 2017 AAor Alternative 1 Alternative 3 tr Abandoned Railroad s°° IDOL-l01iAAM Alternative 2 Study Area OW E Figure 1. Study Location Traffic volumes have increased since 2015. Access to the largest retail activity in the immediate area, the Kalispell Center Mall (Mall), is currently provided by six driveways: four on West Center Street, one on US Highway 93/Main Street, and one on 5th Avenue WN. Except for the driveway at the intersection of West Center Street and 1st Avenue W, all other driveways are currently unsignalized. The driveways at the West Center Street/2nd Avenue W and West Center Street/3rd Avenue W intersections are restricted to entering/exiting right turns only. Areas identified as undeveloped and underdeveloped immediately north of the railroad tracks are only accessible from the north. The additional access on the north side of the Mall is expected to increase connectivity and improve circulation, specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93. Parking relocation recommendations are not included in this analysis; however, if any of these alternatives are advanced, circulation and parking at the Mall and adjacent businesses north of the railroad corridor should be reviewed and modifications should be made if needed or desired. Current traffic volumes on all proposed streets is low (estimated 500-1,000 vehicles per day). The volume of traffic destined for the Mall that is expected to move from 5th Avenue WN and Main Street to any one 2 < KLI of the proposed complete streets is estimated to be 1,400 vehicles per day and would not exceed the approximate traffic capacity of 4th, 3rd, and 1st Avenue WN (8,000 - 10,000 AADT) nor would it significantly change the level of service. The segment of US Highway 2 between North Meridian Road and Main Street carries 20,000 vehicles per day. Constructing any one of the proposed complete streets would likely result in approximately 140 vehicles per hour on the proposed street during the PM peak hour (this assumes a peak hour of 10% of the daily volume). Alternative 1: 4th Avenue WN and Alternative 2: 3rd Avenue WN will expect the following similar traffic characteristics at the intersection with US Highway 2 during the PM peak: • Entering (Eastbound right) = 42 vehicles/hour • Entering (Westbound left) = 42 vehicles/hour • Exit (Northbound left) = 28 vehicles/hour • Exit (Northbound right) = 28 vehicles/hour Alternative 3: 1st Avenue WN will expect the following traffic characteristics at the intersection with US Highway 2 during the PM peak: • Entering (Westbound left) = 59 vehicles/hour • Entering (Eastbound right) = 25 vehicles/hour • Exit (Northbound left) = 17 vehicles/hour • Exit (Northbound right) = 39 vehicles/hour It should be noted that the intersections of US Highway 2 with 4th and 1st Avenue WN are each in proximityto a signalized intersection. Given proximity of the 1st Avenue WN alternative to the US Highway 2 and Main Street intersection, the adequacy of turn lane storage would likely need to be monitored in the future. A possible solution to address turn lane storage would be to construct a median to prevent westbound to southbound left turns from US Highway 2 onto 1st Avenue WN from occurring. Alternative 1: 4th Avenue WN Alternative 1 is shown in Figure 2. Benefits • Increases the number of north -south connections and accessibility and connectivity. • Improves circulation in the local area. • Provides opportunity for new/additional development. Potential Impacts • The Mall parking lot would require reconfiguration to address the offset between 4th Avenue WN and the major aisle in the parking lot. Unless the diagonal parking configuration is modified, traffic entering the Mall would be required to turn right to access the Mall parking lots. • There would be an increase in traffic between US Highway 2 and the Mall. The Mall traffic expected at the intersection with US Highway 2 is minimal and would not likely require turn lanes on the approaches of US Highway 2. 3 < KLI • A construction agreement would be required to connect 4th Avenue WN to the Mall parking lot. Approximately 3,300 square -feet of Mall property would be temporarily disturbed, and approximately 8 parking spaces at the Mall would be lost. • Railroad Street West at 4th Avenue WN would need to be closed due to safety reasons. • The approach to the business parking lot at the intersection of US Highway 2 and 4th Avenue WN (not shown in Figure 2) might need to be relocated, and parking spaces could be lost. • The residents and businesses along 4th Avenue WN, between US Highway 2 and the Mall would experience higher traffic levels in front of their properties. 4 «vLl Figure 2. Alternative 1 - Access at 4th Avenue WN < KLI Alternative 2: 3rd Avenue WN Alternative 2 is shown in Figure 3. Benefits • Increases the number of north -south connections and accessibility and connectivity. • Improves circulation in the local area. Provides opportunity for new/additional development. Potential Impacts • There would be an increase in traffic between US Highway 2 and the Mall. The Mall traffic expected at the intersection with US Highway 2 is minimal and would not likely require turn lanes on the approaches of US Highway 2. • A construction agreement would be required to connect 3rd Avenue WN to the Mall parking lot. Approximately 900 square -feet of Mall property would be temporarily disturbed, and approximately 2 to 4 parking spaces at a private business immediately north of the proposed Kalispell Trail, on the east side of 3rd Avenue WN would be lost. • The approach to the business parking lot at the intersection of US Highway 2 and 3rd Avenue WN (not shown in Figure 3) might need to be relocated or reconfigured, and parking spaces could be lost. • The residents and businesses along 3rd Avenue WN, between US Highway 2 and the Mall would experience higher traffic levels in front of their properties. Alternative 3: 1st Avenue WN Alternative 3 is shown in Figure 4. Benefits • Increases the number of north -south connections and accessibility and connectivity. • Improves circulation in the local area. • Provides opportunity for new/additional development. Potential Impacts • The Mall parking lot would require reconfiguration to address the offset between 1st Avenue WN and the major aisle in the parking lot. Unless the diagonal parking configuration is modified, traffic entering the Mall would be required to turn right to access the Mall parking lots. • There would be an increase in traffic between US Highway 2 and the Mall. The Mall traffic expected at the intersection with US Highway 2 is minimal. The existing left -turn storage lane on the east approach of the US Highway 2/1st Avenue WN intersection might not be adequate to accommodate left -turning traffic during peak hours. • A construction agreement would be required to connect 1st Avenue WN to the Mall parking lot. Approximately 900 square -feet of Mall property would be temporarily disturbed, and approximately 10 parking spaces at the Mall would be lost. • The approach to the business parking lot at the intersection of US Highway 2 and 1st Avenue WN (not shown in Figure 4) might need to be relocated, and parking spaces could be lost. 0 IALIPELL CENTER Figure 3. Alternative 2 - Access at 3rd Avenue WN «vLl «vLl Figure 4. Alternative 3 - Access at 1st Avenue WN < KLI Conclusion This memorandum analyzes the three additional complete street options and updates the previous traffic related findings based on the most recent traffic data available within the study area. All the alternatives would increase the number of north -south connections in the Core Area; increase accessibility and connectivity to the development in the US Highway 2/US Highway 93 area, as well as the underdeveloped and undeveloped lots north of the railroad corridor; improve circulation in the Core Area, specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93; and provide opportunity for development of additional businesses and residences along 4th, 3rd, 2nd, and 1st Avenue WN. However, these alternatives would also increase traffic activity on the roadways extending north of the Mall and at the connecting intersections with US Highway 2. The increased traffic might concern some residents and property owners along these roadways. The intersections of US Highway 2 and 4th and 1st Avenue WN are each in proximity to a signalized intersection. Given proximity of the 1st Avenue WN alternative to the US Highway 2 and Main Street intersection, the adequacy of turn lane storage would likely need to be monitored in the future. A possible solution to address turn lane storage would be to construct a median to prevent westbound to southbound left turns from US Highway 2 onto 1st Avenue WN from occurring. E U.S. Department of Transportation Federal Railroad Administration GLACIER RAIL PARK/KALISPELL CORE AREA DEVELOPMENT AND TRAIL PROJECT - MODIFICATIONS TO PHASE II FINDING OF NO SIGNIFICANT IMPACT (FONSI) 429 U.S. Department of Transportation 1200 New Jersey Avenue, SE Federal Railroad Administration Washington, DC 20590 FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 1 I. INTRODUCTION The U.S. Department of Transportation's (USDOT) Federal Railroad Administration (FRA) completed an Environmental Assessment (EA) in May 2017 and issued a Finding of No Significant Impact (FONSI) on July 18, 2017 for the Glacier Rail Park/Kalispell Core Area Development and Trail Project (Project). The Project Sponsor is the City of Kalispell, Montana, who received a grant for the Project under USDOT's Fiscal Year (FY) 2015 Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program. FRA is administering the TIGER grant. Since FRA's issuance of the 2017 FONSI, the City has proposed modifications to Phase II of the Project, which FRA evaluated in a Supplemental EA (SEA) to determine whether the proposed modifications would have a significant impact on the environment. FRA and the City made the SEA available for a 30-day public review and comment period between October 21, 2019 and November 19, 2019. Consistent with the National Environmental Policy Act (NEPA), of 1969 (42 USC § 4321 et seq.), as amended, and FRA's Procedures for Considering Environmental Impacts (64 FIR 28545, May 6, 1999), FRA prepared an SEA for the limited purpose of determining if the City's proposed modifications to Phase II of the Project would change the impacts to the human and natural environment disclosed in the 2017 EA and FONSI. Specifically, the SEA analyzed the potential impacts to: air quality; noise; land use; ecological systems; traffic and transportation; socioeconomics and environmental justice; relocations; and hazardous waste. FRA has evaluated the proposed modifications to Phase II of the Project and determined they will not result in any significant environmental impacts, and preparation of an environmental impact statement is not required. This FONSI summarizes the relevant elements of Phase II of the Project as approved in the 2017 EA/FONSI, the proposed changes to Phase II of the Project analyzed in the 2019 SEA, and the findings by resource area. This FONSI will be available on the FRA and Kalispell project websites, along with the 2017 EA and FONSI and the 2019 SEA.' Phase I of the Project has been completed, and the scope of this FONSI is limited to the City's proposed changes to Phase II of the Project. II. PROJECT DESCRIPTION As stated in the 2017 EA, the purpose and need of the Project is to improve the layout, safety, and economic vitality of the Kalispell Core Area through improved roadway traffic and safety and efficiency and provide safe, alternative modes of non -motorized transportation by repurposing the existing railroad ROW. To achieve the purpose and need the City proposed to implement the Project in two phases: ♦ Phase I — Construction and operation of a rail -served industrial park (Rail Park) and associated construction of roadway and traffic control improvements and installation and extension of utilities to serve the Rail Park.2 ' https://railroads.dot.gov/rail-network-development/environment/environment; https://www.kalispell.com/164/Community-Development; http://www.kalispellcoreandrail.com/ 2 This phase of the Project was completed in February 2020. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 2 ♦ Phase II — Abandonment of rail service on the existing rail line; removal of 1.6 miles of existing railroad track from north of the railroad bridge spanning US Highway 2 to Meridian Road; construction of an Americans with Disabilities Act (ADA)-compliant paved public -use trail (i.e., Kalispell Trail) in a non-contiguous linear park within the former railroad ROW; and construction of at least one new north -south street connection(s) (i.e., complete street(s)) to improve connectivity in downtown Kalispell. III. PROPOSED MODIFICATIONS TO PHASE II OF THE PROJECT Following issuance of the 2017 EA and FONSI, the City proposed potential modifications to Phase II of the Project, including three options for the location of complete streets previously identified by the City early on in project planning, but not evaluated in detail in the 2017 EA. The City's interest in giving further consideration to these complete street options was based on input received during public and agency outreach conducted by the City for the Project after issuance of FRA's NEPA decision in 2017. Also, since the 2017 EA, the City has had difficulties conducting property appraisals and purchasing property that would be necessary to implement two of the potential complete street locations (6t" and 8t" Avenue WN).3 In addition, the City identified two minor modifications to Phase II of the Project as a result of its public outreach efforts and continuation of the Project planning process; these modifications are located within the 2017 EA Study Area and Project Area, but were not analyzed in the 2017 EA. In the 2017 EA, FRA evaluated three options for the location of complete streets: 8th Avenue WN, 6th Avenue WN, and Whitefish Stage Road (7th Avenue EN). The 2017 EA provides a physical description of these three complete street options and quantifies the relocations and property acquisitions that would be necessary to construct each option. The 2019 SEA analyzed three additional options for the location of complete streets: 1st Avenue WN, 3rd Avenue WN, and 4th Avenue WN. The 2019 SEA also analyzed two minor modifications to Phase II of the Project: the Kalispell Trail realignment, and the northeast trailhead connection. • 4th Avenue WN. This complete street option would improve 4th Avenue WN from the north, across the existing railroad corridor/future Kalispell Trail. To implement this connection, reconfiguration of the Mall parking lot would be necessary to address the offset between 4th Avenue WN and the existing major aisle in the parking lot. Unless the diagonal parking configuration is modified, traffic entering the Mall would be required to turn right to access the Mall parking lots. Approximately 3,300 square -feet of Mall property would be temporarily disturbed, and approximately eight parking spaces at the Mall would be permanently lost. During final design for Phase II of the Project, the City and Mall owners would enter into an agreement that outlines each party's responsibilities for the construction and long-term maintenance of a 3 To purchase property from private owners, the City would be required to follow the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Relocation Act). The City has historically been and remains reluctant to take any property through the eminent domain process. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 3 complete street. The agreement would also address the Kalispell Trail realignment and any net loss of parking spaces at the Mall. The approach to the business parking lot at the intersection of US Highway 2 and 4th Avenue WN might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross-section. However, without final design plans, it is not possible at this time to determine if there would be a net loss of parking spaces at this business. During final design for Phase II of the Project, an agreement would be established between the City and the business owner to address any net loss of parking spaces. For safety reasons, Railroad Street West, which is not improved or a public facility and does not provide any private access, would also need to be blocked permanently at 4th Avenue WN. • 3rd Avenue WN. This complete street option would connect 3rd Avenue WN from north, across the existing railroad corridor/future Kalispell Trail. To implement this connection, approximately 900 square -feet of Mall property would be temporarily disturbed. Approximately two to four parking spaces, which are currently located in the public ROW and being used for a private business immediately north of the proposed Kalispell Trail on the east side of 3rd Avenue WN, would be permanently lost. During final design for Phase II of the Project, the City and Mall owners would enter into an agreement that outlines each party's responsibilities for the construction and long-term maintenance of a complete street. The approach to the business parking lot at the intersection of US Highway 2 and 3rd Avenue WN might require relocation or reconfiguration, and parking spaces could be lost, depending on the ROW and complete street cross-section. However, without final design plans, it is not possible at this time to determine if there would be a net loss of parking spaces at this business. An agreement would be established between the City and business owner to address any net loss of parking spaces. • 1st Avenue WN. This complete street option would connect 1st Avenue WN from north, across the existing railroad corridor/future Kalispell Trail. To implement this connection, reconfiguration of the Mall parking lot would be necessary to address the offset between 1st Avenue WN and the major aisle in the parking lot. Unless the diagonal parking configuration is modified, traffic entering the Mall would be required to turn right to access the Mall parking lots. Approximately 900 square -feet of Mall property would be temporarily disturbed, and approximately 10 parking spaces at the Mall would be permanently lost. During final design for Phase II of the Project, the City and Mall owners would enter into an agreement that outlines each party's responsibilities for the construction and long-term maintenance of a complete street. The agreement would also address the Kalispell Trail realignment and any net loss of parking spaces at the Mall. The approach to the business parking lot at the intersection of US Highway 2 and 1st Avenue WN might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross-section. However, without final design plans, it is not possible at this time to determine if there would be a net loss of parking spaces at this business. An agreement would be established between the City and business owner to address any net loss of parking spaces. • Kalispell Trail Realignment. This is a proposed modification to the alignment of a small segment of the Kalispell Trail between 4th Avenue WN and 5th Avenue WN. As part of the public outreach FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 4 and design efforts for Phase II of the Project, the Mall owners expressed to the City an interest in re-routing the proposed Kalispell Trail slightly north of the existing railbed to follow the north property boundary of the northwest corner of the Mall. Realignment of the Kalispell Trail slightly to the north could allow the Mall owners to construct more parking spaces contiguous to the existing Mall parking by utilizing a small portion of railbanked land. Under this scenario, the Kalispell Trail would be routed onto Mall property off the railbanked corridor from near 4th Avenue WN to 5th Avenue WN, a distance of approximately 345 feet, and would cross 5th Avenue WN in the same location as analyzed in the 2017 EA. Should this modification to the Kalispell Trail alignment be implemented, the City and the Mall owners would enter into an agreement outlining roles, responsibilities, liability, and financial contributions. Within the agreement, the Mall owners would be required to pay for the cost of constructing the parking, plus any additional design and construction cost of the Kalispell Trail, beyond what it would cost to design and construct within the originally proposed railbanked corridor. In addition, the Mall owners would be required to adhere to the relevant terms and conditions of the railbanking agreement, particularly potential removal of parking or other infrastructure should the ROW revert to railroad use in the future. • Northeast Trailhead Connection. This proposed modification refers to a potential connection of the northeast trailhead to adjacent public ROW at the Flathead Drive/US Highway 2 intersection. During the City's planning efforts for Phase II of the Project, several options were identified regarding connection of the Kalispell Trail at its northeast end to existing public ROW. However, no option had been developed in detail prior to the award of the FY 2015 TIGER grant or the 2017 EA. Since the 2017 EA, the City and the Montana Department of Transportation (MDT) have discussed constructing the trailhead portion of the Kalispell Trail through vacant MDT property to access Flathead Drive and the intersection at US Highway 2, a distance of approximately 300 feet. This intersection was signalized and improved as part of the recently -completed Phase I of the Project to provide vehicular access to the new Rail Park. This potential pedestrian/bicycle connection would transition down from the Kalispell Trail, just after the existing railroad bridge over US Highway 2 and just before the bump post at the end of the railbanked land. The proposed connection would meet the same design standards as the rest of the Kalispell Trail and ADA requirements, including width, materials, and grade/elevation. The new connection would access the existing pedestrian features of the recently improved Flathead Drive/US Highway 2 intersection. As of the date of the SEA, the City is investigating the specific type of agreement that would be needed with MDT to allow the construction and long-term use of the Kalispell Trail on MDT property. The locations of the proposed Project changes, including the additional potential complete street locations, are shown in Figure 1. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 5 .17 4 Jt a YFP+ l �R xk 1 i- c VN iqa`' Y 1�..� '• 111��` Figure 1. Project Area Assessed in 2017 EA and 2019 SEA IV. SUMMARY OF FINDINGS FROM THE SEA The 2017 EA is incorporated by reference into the SEA, and the three complete street options assessed in the 2017 EA (i.e., 8th Avenue WN, 6th Avenue WN, and Whitefish Stage Road [7th Avenue EN]) remain viable. Therefore, the scope of the SEA focused on only those resource areas that might be affected by the proposed modifications (i.e., construction and operation of a complete street at 1st, 3rd, and/or 4th Avenue WN; the Kalispell Trail realignment at the Mall; and the northeast trailhead connection), or that may have changed from what was described in the 2017 EA. The following resource areas were evaluated in the SEA, because (1) of the potential that the proposed modifications could create a different impact than what was described in the 2017 EA, or (2) the affected environment has changed since the 2017 EA. The following paragraphs summarize the findings from the SEA by resource area. Based on the evaluation conducted in the SEA, no significant impacts would result from the City's proposed modifications to Phase II of the Project described above. The Project, if implemented as originally described in the 2017 EA/FONSI or with any of the modifications described in the SEA would achieve the purpose and need defined in Chapters 1.3 and 1.4 of the 2017 EA. The mitigation and minimization measures and best management practices (BMPs), identified in the 2017 FONSI are still FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 6 applicable to the Project. Where appropriate, additional mitigation minimization and BMPs are also identified. ♦ Air Quality Construction Impacts: Construction and ground -disturbing activities would result in temporary emissions of criteria pollutants and fugitive dust for the complete street options, Kalispell Trail realignment, and the northeast trailhead connection. However, emissions are not anticipated to increase the frequency or severity of any National Ambient Air Quality Standards (NAAQS) violations or delay timely attainment of the NAAQS, and would be consistent with conformity regulations. Operation Impacts: Upon completion of construction, emissions that result from current conditions such as vehicle idling at grade crossings, poor traffic circulation, and lack of street connections through downtown Kalispell would be reduced. In addition, adding sidewalks and pedestrian pathways would increase the efficiency and public appeal for alternative and non -motorized modes of transportation within the City, such as walking, biking, and rollerblading, which could further reduce emissions. It is anticipated that air quality conditions within the Core Area would improve with the Build Alternative. Mitigation/Minimization/BMPs: The mitigation measures, minimization measures, and BMPs included in the 2017 FONSI would be implemented, as appropriate. All construction equipment would comply with U.S. Environmental Protection Agency (EPA) emission standards for nonroad engines. ♦ Noise Construction Impacts: Construction of at least one complete street, the Kalispell Trail realignment, and the northeast trailhead connection would result in temporary increases in noise above baseline levels. Noise generated by construction activities would vary depending on the type of equipment used, the area that the action would occur in, and the distance from the noise source. Operation Impacts: Upon completion of construction, the business owners and residents along 1st, 3rd, and/or 4th Avenue WN, north of the out -of -service railroad corridor would experience a slight increase in traffic noise once a complete street is constructed; however, this noise is expected to be offset by removal of the railroad tracks and associated noise from freight trains and train horns traversing downtown Kalispell. In addition, any noise generated by increased vehicle traffic would be consistent with the existing noise in the surrounding area. The Kalispell Trail realignment and northeast trailhead connection would not result in operational noise impacts. Mitigation/Minimization/BMPs: The project schedule would include limits on the times of operation of construction vehicles and equipment. Construction would occur during daytime only and would not take place from 10:00 p.m. to 7:00 a.m. when the adjacent neighborhoods' sensitivity to any increased noise is more pronounced due to the lower level of ambient (background) noise at night compared to daytime noise levels.4 Additionally, construction activities would be restricted to 4 Transit Noise and Vibration Impact Assessment Manual, September 2018, FTA Report No. 0123. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 7 weekdays and would not occur on weekends, unless special permission is granted by the Kalispell Public Works Department or MDT. ♦ Land Use Construction and Operation Impacts: There would be no impacts on land use from construction and operation of at least one complete street, the Kalispell Trail realignment, or the northeast trailhead connection because the zoning would not change from the existing designations of B-3 (a business district that provides areas for development of congregated community shopping areas to serve neighborhoods) and B-2 (a business district that provides for those retail sales and service functions and operations that are typically characterized by outdoor display, storage, and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities). There would be increased access to the area immediately adjacent to US Highway 2 and US Highway 93 and undeveloped and underdeveloped lots north of the railroad corridor. A complete street would also provide opportunity for developers to construct additional businesses and residences along 4th, 3rd, 2nd, and 1st Avenue WN, W Montana Street, and US Highway 2, and improve the general appeal of the area. The Kalispell Trail realignment could allow the Mall to construct additional parking spaces, to offset the loss of any parking caused by implementation of certain complete street connections. Mitigation/Minimization/BMPs: None ♦ Ecological Systems Construction and Operation Impacts: There is no substantial change in the affected environment for wildlife, fish, and vegetation species or habitat, and potential impacts described in the 2017 EA are similar for the SEA. Therefore, potential impacts on general wildlife, fish, and vegetation species and habitat were not re -assessed in the SEA. However, between the time of the EA and SEA, an additional protected species (i.e., wolverine [Gulo gulo luscus]) was proposed for federal listing as a threatened species under Section 7 of the Endangered Species Act (ESA). Because of the urban setting of the Project and lack of suitable habitat, the proposed modifications to Phase II of the Project would have no effect on the wolverine. Mitigation/Minimization/BMPs: The mitigation measures, minimization measures, and BMPs included in the 2017 FONSI would be implemented, as appropriate. ♦ Traffic and Transportation Construction Impacts: There would be temporary increases in traffic and congestion in the vicinity of the complete street location(s), Kalispell Trail realignment, and trailhead connection because of construction vehicles and equipment. Residents, business owners, and retail patrons in the vicinity could experience temporary delays and detours during construction. Construction access routes have not been finalized, but major arterials, such as US Highway 2 and US Highway 93, are anticipated to be used by heavy equipment mobilizing to the work sites and staging areas. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 8 Operation Impacts: Beneficial impacts to traffic and transportation are expected upon completion of construction of Phase II of the Project. Operation of at least one complete street would increase the number of north -south connections in the Core Area, reduce traffic congestion, and circulation (particularly in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93), and increase accessibility and connectivity to the businesses in the US Highway 2/US Highway 93 area and underdeveloped and undeveloped lots north of the railroad corridor. Completion of at least one street connection with improvements, including sidewalks, would also provide connectivity for pedestrians in areas previously void of those facilities (i.e., north of the railroad corridor). Adverse impacts may occur to existing residents and businesses along US Highway 2 and the complete street(s), because there would be a slight increase in annual average daily traffic (AADT) as patrons travel to and from the retail uses, and if new businesses and/or residential areas are developed north of the railroad corridor. With the increase in accessibility and connectivity to the underdeveloped and undeveloped lots north of the railroad corridor, the general appeal of the area would be improved, and additional businesses and residences could be developed along 4th, 3rd, 2nd, and 1st Avenue WN; W Montana Street; and US Highway 2. Traffic on US Highway 2 is estimated to increase by approximately 140 vehicles during the evening peak hours (i.e., 3:00 p.m. to 6:00 p.m.) with construction of at least one complete street. However, this slight increase in traffic would not exceed the capacity of the current roads. In addition, there would be a loss of parking spaces from implementation of the complete streets analyzed in the SEA: the 1st Avenue WN complete street would result in a loss of approximately ten (10) parking spaces at the Mall; the 3rd Avenue WN complete street would result in a loss of approximately two (2) to four (4) parking spaces that are utilized by a private business but are located in the City-owned/public ROW (i.e., the parking spaces are not on property owned by the private business); and the 4th Avenue WN complete street would result in a loss of approximately eight (8) parking spaces at the Mall. However, realignment of the Kalispell Trail at the northwest corner of the Mall could allow the Mall to construct additional parking spaces, which would offset the loss of any parking caused by implementation of certain complete street connections. Approaches to the business parking lots at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WN might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross-section. However, without final design plans, it is not possible at this time to determine if there would be a net loss of parking spaces at these businesses. The Kalispell Trail realignment would have no adverse impacts on traffic and transportation, as it would cross 5th Avenue WN in the same location as analyzed in the 2017 EA. The northeast trailhead connection would have no adverse impacts on traffic and transportation; beneficial impacts would be expected from increased pedestrian and non -motorized access and increased safety for these alternative transportation modes. Mitigation/Minimization/BMPs: The mitigation measures, minimization measures, and BMPs included in the 2017 FONSI would be followed, as appropriate. In addition, the City will enter into an agreement with the Kalispell Center Mall owners to address the Kalispell Trail realignment and any net loss of parking spaces at the Mall as a result of construction of either the 1st or 4th Avenue FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 9 WN complete streets. If a net loss of parking spaces would result from approach relocations at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenues WN, the City will enter in an agreement with the affected business owner(s) to address this issue. For the northeast trailhead connection, the City will enter into an agreement with MDT, the owner of the vacant property the trailhead connection would traverse. ♦ Socioeconomics and Environmental Justice Construction Impacts: There may be temporary, localized impacts on commercial businesses and residences north of the railroad corridor during construction of at least one complete street along 1st, 3rd, and/or 4th Avenue WN and the Kalispell Trail realignment. There may also be temporary, localized impacts on commercial businesses and residences west and east of the railroad corridor, respectively, near the Flathead Drive/US Highway 2 intersection during construction of the northeast trailhead connection. Impacts could include noise above ambient levels, visibility of construction equipment and activities, fugitive dust emissions, and temporary pedestrian and traffic delays, detours, and congestion. Fugitive dust from ground -disturbing activities would be greatest during initial site -preparation and would vary from day to day, depending on the construction phase, level of activity, and prevailing weather conditions. Persons within the viewshed of temporary construction activities would see construction workers, equipment, lighting, materials, debris, signing, and activities typically associated with construction. Noise generated by construction activities would vary depending on the type of equipment used, the area that the action would occur in, and the distance from the noise source. Operation Impacts: Increased connectivity within and access to the Core Area as a result of the removal of the railroad infrastructure and implementation of one or more complete street connections is anticipated to result in socioeconomic benefits. Having at least one complete street along 1st, 3rd, or 4th Avenue WN would improve the general appeal of the area and spur development along these streets, W Montana Street, and US Highway 2. Underdeveloped and undeveloped lots north of the railroad corridor would become more attractive to developers, visibility of existing businesses north of the railroad corridor would increase, and connectivity in the community would be improved. Long-term, beneficial impacts on the local economy would be expected, as there could be increases in the purchase of goods and services in the local area and subsequent induced development. This could provide overall economic benefits to the area through the creation of jobs and increased tax revenue. Traffic circulation and connectivity would also be improved, and additional transportation options (e.g., walking and biking) would be available, connecting people and neighborhoods with jobs, services, and goods. There would be no direct or indirect impacts on environmental justice populations, as no such populations are present within the Study Area. Mitigation/Minimization/BMPs: The mitigation measures, minimization measures, and BMPs included in the 2017 FONSI would be implemented, as appropriate. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 10 ♦ Relocations Construction Impacts: Construction of at least one complete street on 1st, 3rd, or 4th Avenue WN would be completed within either current Burlington Northern Santa Fe (BNSF) or City ROW. For 1st and 3rd Avenue WN, approximately 900 square -feet of Mall property would be temporarily disturbed, and for 4th Avenue WN, approximately 3,300 square -feet of Mall property would be temporarily disturbed. Operation Impacts: The Kalispell Trail realignment would be located on Mall property; however, the construction of parking spaces to serve Mall patrons would be located on the railbanked land between 4th Avenue WN and 5th Avenue WN. The amount of property temporarily disturbed is yet to be determined and is dependent on the Mall's parking design. Implementation of one or more complete street on 1st, 3rd, and/or 4th Avenue WN would result in the permanent loss of parking spaces: the 1st Avenue WN complete street would result in the loss of approximately ten (10) parking spaces at the Mall; the 3rd Avenue WN complete street complete street would result in the loss of approximately two (2) to four (4) parking spaces, which are currently located in the public ROW and being used for a private business; and the 4th Avenue WN complete street would result in the loss of approximately eight (8) parking spaces at the Mall. In addition, approaches to the business parking lots at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenue WN might require relocation, and parking spaces could be lost, depending on the ROW and complete street cross -sections. However, without final design plans, it is not possible at this time to determine if there would be a net loss of parking spaces at these businesses. For the Kalispell Trail realignment, parking could be constructed by the Mall on the railbanked area, which could potentially offset the loss of parking caused by the implementation of one or more of the complete street options. The northeast trailhead connection would be located on vacant land owned by MDT and would not displace or require MDT to relocate its facilities or operations. Mitigation/Minimization/BMPs: The mitigation measures, minimization measures, and BMPs included in the 2017 FONSI would be followed, as appropriate. In addition, the City will enter into an agreement with the Mall owners that outlines each party's responsibilities for the construction and long-term maintenance of a complete street. The agreement would also address the Kalispell Trail realignment and any net loss of parking spaces at the Mall as a result of the 1st and 4th Avenue WN complete streets. If a net loss of parking spaces would result from approach relocations at the intersections of US Highway 2 and 1st, 3rd, and 4th Avenues WN, the City will enter in an agreement with the affected business owner(s) to address this issue. The City would enter into an agreement with MDT for the northeast trailhead connection. ♦ Hazardous Waste Construction Impacts: Hazardous materials or hazardous wastes are not anticipated to be present in amounts or locations that would pose a risk to public health or the environment. The City Service Valcon leaking underground storage tank (LUST)/underground storage tank (UST) site is located near the proposed trail at 5th Avenue WN. However, ground -clearing activities for the complete streets, the Kalispell Trail realignment, and the northeast trailhead connection would be shallow FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 11 and would not reach groundwater. Construction activities may require the use of small amounts of hazardous materials (e.g., cleaning agents, lubricants, fuels, solvents, fertilizers, asphalt) and may result in the generation of hazardous waste (e.g., oily rags, used chemical containers, used oil, chemical waste). Operation Impacts: None Mitigation/Minimization/BMPs: The mitigation measures, minimization measures, and BMPs included in the 2017 FONSI would be implemented, as appropriate. V. PUBLIC COMMENTS ON SEA AND FRA/CITY RESPONSES The City's public outreach efforts are described in Section 1.2.2 of the SEA. A total of 23 organizations or individuals submitted comments on the SEA during the public comment period. The majority of the commenters expressed support for the Project in general. Of the commenters that indicated a preference for a particular complete street location, the highest preference was for 1st Avenue WN, followed by Woodland Avenue, and then 4th Avenue WN. Several commenters also expressed concerns regarding the Project. These concerns are summarized and addressed in this section. Response to concerns regarding inconsistency with Project Purpose: One commenter expressed concern that the 1st Avenue WN, 3rd Avenue WN, and 4th Avenue WN complete street options would be inconsistent with the Project's purpose. As described in the 2017 EA, the purpose of the Project is to: improve roadway traffic, safety, and efficiency; provide safe, alternative (non -motorized) modes of transportation for residents and visitors; revitalize Kalispell's historic downtown area to attract additional businesses, retail, and residential uses; and provide local and regional business access to rail.' These three complete street options were not evaluated in the 2017 EA because, at the time, the City identified potential traffic and access concerns with these options. As a result, the City determined these options did not achieve the Project's purpose. Based on public input and support, the City evaluated more favorable options (i.e., 8th Avenue WN, 6th Avenue WN, and Whitefish Stage Road [7th Avenue EN]) in the 2017 EA. However, the City has faced challenges —as explained in Section III of this FONSI —in pursuing the options for complete street locations identified in the 2017 EA and FONSI and has provided information to FRA demonstrating the 1st Avenue WN, 3rd Avenue WN, and 4th Avenue WN complete street options would achieve the Project's purpose. FRA has reviewed the City's original traffic analysis conducted for the Project study area (2016), and the City's updated traffic analysis (2019) based on the ' The commenter also expressed a concern that the addition of these complete street options is inconsistent with the Project's purpose in the Grant Agreement between the City and FRA, which states the Project's purpose is: To improve safety and quality of life, and increase economic competitiveness of the Core Area in the City of Kalispell. This is accomplished through improved roadway traffic safety and efficiency; the provision of safe, alternative modes of transportation; the revitalization of Kalispell's historic downtown area to attract additional businesses, retail, and residential uses; and through the provision of local and regional business access to rail. The Rail Park will provide for future economic development and allow connectivity to regional, national, and international markets. This is consistent with the Project's purpose and need defined in Chapter 1 of the 2017 EA and incorporated by reference into the 2019 SEA. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 12 most recent traffic data available within the Project study area, for streets crossing the Kalispell Trail at 1st, 3rd, and 4th Avenues WN and determined these options would achieve the Project's purpose. Furthermore, the addition of these three complete street options does not preclude the City from constructing any of the previously identified options. The 1st, 3rd, and 4th Avenue WN complete street options would provide an indirect connection to the south, because of the location of the Mall. Currently, patrons traveling to the retail areas north of the railroad corridor and Mall must travel around the Mall using 5th Avenue WN, West Center Street, and US Highway 93, because 4th 3rd and 1st Avenue WN are dead -ended. A direct connection is not required to meet the Project's purpose. These indirect connection options would improve local street connectivity and convenience between the Mall parking lot and streets to the north, while reducing traffic volumes on neighboring streets. As a result, completion of at least one of these complete street options would improve roadway traffic safety and efficiency. Currently, vehicular traffic movement is limited by the railroad tracks, which split and isolate Kalispell into two portions, and there are only six at -grade crossings. The traffic analyses conducted for the Project study area demonstrate that additional access on the north side of the Mall would be expected to increase connectivity and improve circulation, specifically in the vicinity of US Highway 2, 5th Avenue WN, West Center Street, and US Highway 93. The City's design may result in a reduction of street width or inclusion of a refuge island at the crossings to increase pedestrian safety; however, this would not decrease street capacity or transportation efficiency. In addition, these complete street options, and proposed modifications to Phase II, would provide safe alternative modes of transportation for residents and visitors. Removal of the railroad line would provide a safety benefit to the community, and construction of a trail within the ROW would provide recreational and mobility alternatives for the public and visitors. The trail and at least one complete street would encourage walking and other non -motorized transportation modes as a safe alternative for travel and provide improved pedestrian access into downtown. This would help ensure City streets are safe for people of all ages and abilities, balance the needs of different transportation modes, and have socio- economic and environmental benefits. All the potential complete street locations, including those evaluated in the 2017 EA and the 1st, 3rd, and 4th Avenue WN options north of the Mall evaluated in the SEA, would provide a north -south connection. Each completed street connection(s) would meet the City's complete streets policy (per the City of Kalispell Growth Policy Plan -It 20356) and local street standards (per the Standards for Design and Construction dated January 21, 2020), providing two 14-foot-wide driving lanes, a minimum 9-foot-wide boulevard separating the roadway from a 5-foot-wide sidewalk, tree plantings, and sewer and water extensions, as needed for this Project. In addition, warning or stop signs would be installed at road crossings, and curb bump outs would be installed to reduce the distance pedestrians must cross. Removal of the active freight rail service and rail infrastructure would facilitate future transportation network connections, and provide opportunities for economic development. The Project would allow for development of underdeveloped and undeveloped lots north of the existing railroad corridor/future Kalispell Trail and improve the general appeal of the area. 6 https://www.kalispell.com/DocumentCenter/View/465/Kalispell-Growth-Policy-Plan-It-2035-PDF FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 13 Therefore, FRA has determined that the completion of at least one complete street option, identified in the 2017 EA and FONSI or the 2019 SEA, and the modifications to Phase II would achieve the Project's purpose. Response to concerns regarding loss of access, loss of privacy, increased vandalism, light pollution, and siPnaPe: Commenters raised concerns regarding the loss of vehicular access to residential properties via the railroad ROW. Based on information available to the City, the railroad ROW has not provided legal or safe access to residential properties since the railroad was built in the late 1800s. The railroad ROW is currently private property owned by BNSF. The City is not aware of any legal agreement allowing home/landowners to access their property through BNSF property. Once the Railbanking and Sale Agreement between BNSF and the City is executed, the City will own the former railroad ROW, where the public -use trail and linear park will be constructed. The property — whether owned by BNSF or the City — is not a public street and cannot legally be used for vehicular or other access to adjacent residential properties. The anticipated redevelopment of this area from industrial and freight rail uses to a public -use trail will remove the existing blight, beautify and improve the safety of the area with landscaping, lighting, and other amenities, and invite legitimate uses. Some commenters were concerned that homeowners adjacent to the railroad ROW/proposed trail alignment would experience a loss of privacy in their backyards. The City's landscaping design plans include planting of trees adjacent to the trail and planting of grass in the remaining non -paved areas of the ROW. The selected trees are anticipated to grow to height of roughly 10 to 14 feet. This landscaping, particularly the trees when mature, will help create a visual barrier between the trail and adjacent residences. Adjacent property owners may choose to install fencing, landscaping, and/or exterior lighting at their own expense and in accordance with City requirements to improve safety and privacy. The City will be responsible for maintaining the park and the trail. Specifically, trail maintenance will be assigned either to the City's Parks Department or Public Works Department. Commenters noted concerns with the potential for increased vandalism and theft by users of the trail. The City's design plans include installation and maintenance of lighting along the trail, which will provide safety for users of the trail and could deter potential vandalism and trespassing. Crime Prevention Through Environmental Design (CPTED) principles include the use of lighting to help prevent and mitigate crime.' If concerns such as vandalism or theft arise, they will be addressed by the City's police department through enforcement. With respect to trail lighting, commenters expressed concerns regarding light pollution from the trail. Trail lighting will be consistent with the City's Zoning Ordinance 1677, Chapter 27.26 "Outdoor Lighting Standards," which addresses dark skies requirements for both commercial and residential lighting. The City's design plans include installation of lighting along the trail at approximately 90-foot intervals. The new lighting will be visually consistent with the historic aesthetic of the existing lighting in the downtown area. Existing street lighting will remain in use. Crowe, Timothy D., National Crime Prevention Institute (NCPI). Crime Prevention Through Environmental Design. 2"d Edition. Butterworth -Heinemann. 2000. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 14 In addition, commenters emphasized the need for wayfinding signs from the trail to downtown Kalispell and for pedestrian connections from the trail to community services. The City's design plans include the installation of wayfinding signs from the trail to downtown Kalispell. The City has reached out to Flathead Valley Community College's Industrial Arts program to assist in constructing poles from salvaged rail for wayfinding signage. The City intends to utilize its existing downtown wayfinding sign design and to work with the Trail Crew, Kalispell Business Improvement District Board, Kalispell Downtown Association, Kalispell Convention and Visitor Bureau, and Tourism Business Improvement District Board on signage messaging and locations encouraging interaction between the trail and downtown businesses. The Project will eliminate unsafe access to community services by persons crossing the active rail line or using the rail line as a pathway, and safe, convenient access to community services will be possible from the new trail. Response to concerns regarding future development: Some commenters expressed concerns regarding a proposed new multi -story residential apartment building on the other side of the trail from an existing neighborhood of single-family homes. FRA does not have the authority to mandate the nature of potential future development of property near the trail, as it is beyond the scope of the Grant Agreement between FRA and the City. Any future development would be subject to the City's zoning ordinances.$ VI. PROJECT COMMITMENTS As part of its environmental review, FRA identified certain environmental commitments, minimization measures, and BMPs as the practicable means to avoid or minimize effects from the construction and operation of the Project. These measures are listed in Appendix B of the 2017 FONSI. Additional measures specific to the City's proposed modifications since 2017 are included in Section IV of this document. The proposed Project is funded through a Grant Agreement between FRA and the City. Through that agreement and as the Project Sponsor, the City is responsible for ensuring all environmental commitments are implemented. FRA will monitor the City's compliance with these measures as part of FRA's periodic monitoring of the grant. VI I. CONCLUSION FRA finds that the 2017 EA and 2019 SEA for the Glacier Rail Park/Kalispell Core Area Development and Trail Project satisfy the requirements of FRA's "Procedures for Considering Environmental Impacts" (64 FIR 28545, May 26, 1999) and NEPA (42 U.S.0 § 4321 et seq.) and that he proposed modifications to Phase II of the Project would have no foreseeable significant impact on the quality of the human or natural environment. The SEA, which incorporates the 2017 EA by reference, provides sufficient evidence and analysis for FRA to determine that an environmental impact statement is not required. 8 In 2016, the previous heavy industrial area was re -zoned as B-3. This zoning district allows a variety of both commercial and residential uses and is consistent with the Core Area Plan. Commercial uses typically include a mix of retail, office, restaurant, and other similar uses. This zoning district also allows for residential dwellings, including single family, duplex, townhouse (2 attached units), townhouse (3 or more attached units), and multi- family. FONSI for Modifications to Phase II of the Glacier Rail Park/Kalispell Core Area Development and Trail Project 15 Digitally signed by JAMIE JAMIE P. RENNERT Date: 202 08 114 10 24:25 PERT 04 0' Jamie P. Rennert Date Director, Office of Program Delivery Office of Railroad Policy and Development Federal Railroad Administration FRA's Office of Railroad Policy and Development prepared this document in July 2020 in accordance with FRA's Procedures for Considering Environmental Impacts and NEPA. For information regarding this FONSI contact: Laura Shick Supervisory Environmental Protection Specialist U.S. Department of Transportation Federal Railroad Administration Office of Railroad Policy and Development 1200 New Jersey Ave, SE Washington, DC 20590 The following organization(s) assisted FRA's Office of Railroad Policy and Development in the preparation of the associated EA and Supplemental EA: City of Kalispell, Montana KU Engineering CITY 01F KALISPELL REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Review of videoconferencing for meetings MEETING DATE: August 24, 2020 City of Kalispell 201 lst Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 BACKGROUND: At the meeting on August 19, it was requested that we review using videoconferencing for council meetings. Attached to this memorandum is the Attorney General's guidance related to public meetings during the Montana State of Emergency. At the meeting on the 241', we will review the letter of advice and discuss the use of videoconferencing. ATTACHMENTS: Letter of Advice from Attorney General ATTORNEY GENERAL Tim Fox Attorney General Jon Bennion Chief Deputy Attorney General March 27, 2020 STATE OF MONTANA 9�pARTMF,,,T Wyatt Glade Custer County Attorney President of Montana County Attorney Assoc. 1010 Main Street Miles City, MT 59301 attorney@co.custer.mt.us Greg Sullivan Bozeman City Attorney P.O. Box 1230 Bozeman, MT 59771-1230 gsullivan@bozeman.net Re: Request for Opinion Open public meetings during an emergency Gentlemen: Department of Justice Joseph P. Mazurek Building 215 North Sanders P.O. Box 201401 Helena, MT 59620-1401 Montana League of Cities and Towns P.O. Box 7388 Helena, MT 59604-7388 kelly.lynch@mtleague.net On behalf of Custer County, the City of Bozeman and the Montana County Attorneys Association you have jointly requested an Opinion regarding an issue we have rephrased as follows: During a declared state of emergency affecting the citizens and government of the State of Montana, may a public agency or local government conduct public meetings in whole or in part, after reasonable notice to the public, by means including electronic communication, video conferencing or other forms of remote participation? Your request is made because of emergencies declared by both the State of Montana and the President of the United States to suppress the danger to the public posed by the novel coronavirus and resulting COVID-19. On March 24, 2020, Governor Bullock issued a Directive authorizing local governments to modify the means by which they conduct the people's business, including modification of work hours, office access, building closures and work practices. That Directive specifically states: Local governments are encouraged to find ways to provide for the right of public participation consistent with social distancing practices, including virtual participation where legal and practicable. TELEPHONE: (406) 444-2026 FAX: (406)444-3549 E-MAIL: comactdoj@mt.gov WEB: mtdoj.gov MONTANA DEPARTMENT OF JUSTICE Legal Services Division * Division of Criminal Investigation* Highway Patrol Division * Forensic Science Division Gambling Control Division * Motor Vehicle Division * Infonnation Technology Services Division * Central Services Division Wyatt Glade Greg Sullivan March 27, 2020 Page 2 On March 26, 2020, Governor Bullock issued another Directive to "immediately implement measures to ensure social distancing to prevent the spread of disease." The Governor declared: I have determined that to protect public health and human safety, it is essential to the health, safety, and welfare of the State of Montana during the ongoing state of emergency that, to the maximum extent possible, individuals stay at home or at their place of residence. Section I. 1. of the Directive specifically limits activity outside the home or place of residence "to the greatest extent possible, except as allowed in this Directive." Further, the Directive states: All public and private gatherings of any number of people occurring outside a household or living unit are prohibited, except for the limited purposes permitted by this Directive. Governor's Directive, March 26, 2020, Section 3 (emphasis added). The Governor's Directive thereafter does not allow residents to leave their residences to attend government -centered meetings, conferences, workshops or any other type of public gathering related to the ongoing business of local government. The March 26, 2020 Directive is effective from March 28 through April 10, 2020. If the "shelter" Directive is extended, your question regarding open meetings will present again. Based upon the research that you provided and our own, we offer the following advice. Article II, Section 8 of the Montana Constitution provides: Right of participation. The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law. The Legislature has codified guidelines to protect the Article II, Section 8, guarantees at § 2-3-101, et seq., MCA. Article II, Section 9 of the Montana Constitution provides: Right to know. No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure. As you referenced, these rights are also generally created statutorily pursuant to Mont. Code Ann. §§ 2-3-103, 2-3-111 and 2-3-201. The Legislature has also codified specific requirements for local governments with respect to public participation in government operations. (See §§ 7-1-4142 and 7-1-4143.) Under the Montana Constitution, the "right of participation" requires a "reasonable opportunity" and "right to know" carries the mandate of the opportunity to "observe." Neither require actual physical presence. Wyatt Glade Greg Sullivan March 27, 2020 Page 3 Each agency shall develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public. The procedures must ensure adequate notice and assist public participation before a final agency action is taken that is of significant interest to the public. Mont. Code Ann. § 2-3-103(1)(a) (emphasis added). An agenda, notice, and an opportunity for public comment must be provided. Id. In 47 Op. Att'y Gen. No. 13 (1998), Attorney General Mazurek recognized that under Montana's open meeting and public participation laws, the public must be given "the opportunity to participate" in any decision of a local government, other than ministerial acts, if there is any question of whether the decision is of "significant public interest." The Opinion notes statutory provisions regarding the public's "right to observe the deliberation of all public bodies ..." found in Title 2, Ch. 2, Part 2, Montana Code Annotated. 47 Op. Att'y Gen. No. 13 at 2. The intent of the statutes is to ensure that public agencies conduct all actions and deliberations openly. Id. Additionally, under Mont. Code Ann. § 7-5-2125, all meetings of a county commission "must be public." Id. One may assume that this principle applies to town and city council meetings as well. While that Opinion was concerned with the subjects triggering the requirement of holding open meetings, the intent of the statutory and constitutional requirements for open government are applicable here. Our previous analysis of cases and statutes revealed the intent that the public be provided the reasonable opportunity to participate and observe while the manner or mechanism is not defined. The "right of participation" requires each public body to adopt policies which permit and encourage public participation in agency decisions. 47 Op. Att'y Gen. No. 13 at 3. The required procedures "must include a method of affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to a final decision that is of significant interest to the public." Id., citing Mont. Code Ann. § 2-3-111(1). The Opinion notes that public participation may be waived when the agency decision concerns an emergency situation affecting the public health, welfare or safety (Mont. Code Ann. § 2-3-112(1)), but that involves the subject of the decision itself. The authorities cited in 47 Op. Att'y Gen. No. 13 indicate that a reasonable opportunity for public observation and participation is required. The manner by which notice, participation and observation are provided to the public must be reasonable. Id. at 5. Based on the above and the prior analysis by General Mazurek, the proposed "Guidelines for Conducting Local Public Meetings During COVID-19 Emergency" (revised March 27, 2020 through 1:00 p.m.; see Attachment) are reasonable and consistent with the intent of both the Montana Constitution and implementing statutes and the Governor's Directives during this emergency. Wyatt Glade Greg Sullivan March 27, 2020 Page 4 This letter is provided as a letter of advice to assist your resolution of the question presented as quickly as possible under these unprecedented events. It is not a formal Attorney General Opinion and should not be presented or cited as such. Sincerel TIM FO Attorney General Enc. Attachment to Letter of Advice, March 27, 2020 Proposed March 25, 2020 (revised by Montana League of Cities and Towns, through 1:00 p.m. March 27, 2020): Guidelines for Conducting Local Public Meetings During COVID-19 Emergency Montana local governments have a responsibility, duty, and power to secure and promote the public health and safety of those persons present in their respective jurisdictions as well as their public employee staffs and public officials from the COVID-19 pandemic disease. I recognize that different types and forms of Montana local government exist pursuant to Montana state law, and these different local governments have different statutory and local laws governing notice and conduct of public meetings. Therefore, each public agency should discuss the best protocol to follow with their respective local government attorney and executive staff before making any decision about when and how to proceed with a public meeting during the COVID-19 emergency pursuant to these guidelines. Cancel Non -Essential Meetings. During this national and state COVID-19 emergency, and in light of Executive Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures for the operation of local government issued March 24, 2020, local governments should take all steps possible to indefinitely suspend all non -essential public meetings of any board, agency, or committee of the local government other than the governing body. 2. Limit Public Meetings to Critical Items Only. If a local government determines that a public meeting must be held, local governments should strive to limit the meeting to only those items necessitating immediate or timely action by the governing body. The local government may consider using a "consent agenda" or other methods for allowing for the quickest and most efficient meeting possible. Determine Type of Meeting. In accordance with current public health and safety protocols and national or state directives, the local government should determine the best method for holding a public meeting while protecting public health and safety. During the COVID-19 emergency, a public meeting may be held through remote means. 4. Noticing the Public Meeting. The notice of any public meeting held during the COVID- 19 emergency should also include information on the method by which the meeting will be held, including information about how the public may participate remotely and how documents to be discussed during the meeting can be accessed by the public. 5. Meetings by Remote Communication. If a meeting will be held in whole or in part through remote attendance and participation, the local government should strive, if possible, to provide a remote communication system that provides the members of the local governing body and the public the ability to see, hear, and reasonably participate in the meeting. If a local government does not have the technology or resources to provide video conferencing, either temporarily or permanently, the local government must ensure, at a minimum: a. Each member of the governing body and the public in attendance must be able to adequately hear each other; b. Members of the public must be provided a reasonable opportunity to comment on both items on the agenda and on any matters not on the agenda, either through participation via the remote communication system or by other reasonable means; c. All members of the governing body and the public must be able to reasonably observe all materials reviewed and discussed by the governing body during the meeting. The local government may determine the best procedure for submitting materials to the governing body prior to or during the meeting, so long as the public can access the agenda and all related materials through one of the following methods: i. On the local government's website; ii. Through the video conferencing platform to be used for the meeting; or Ili. On an individual basis by email, mail, in -person, or other method described in the notice of the meeting. d. The local government must provide a method to take minutes of or record the meeting pursuant to the governing body's established rules for taking minutes. These guidelines are recommendations as to how Montana local governments might implement temporary emergency measures for public meetings that provide reasonable opportunity for public participation prior to public body final decision making in light of the current emergency circumstances. The current COVID-19 pandemic necessitates a balancing of public participatory rights and more limited local government operations, including limited public meetings, that take into account current public health and safety protocols and national or state directives and recommended measures including social distancing and shelter in place orders. Acting in accordance with these guidelines will allow a reasonable opportunity for public participation and critical local government operations to continue while protecting the public health and safety of the public, local government employees, and local elected officials. 2