Transfer of MDT Right of Way and Bike Path EasementPlanning Department
201 1$` Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisp_gll.com/pl@nnin�
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Planning Director
Jane Howington, City Manager
SUBJECT Transfer of MDT RAW and Bike Path Easement to the City of Kalispell
MEETING DATE: September 13 Council Work Session
REQUEST: The Montana Department of Transportation would like to transfer to the City of Kalispell a
strip of excess railroad R/W that the state bought as part the Highway 93 Alternate Route construction
project now underway. The property in question contains just under 7 acres of land and measures 100
feet wide and approximately 3,000 feet long. It is described as a portion of tract 10A in Section 13,
Township 28N, Range 22W.
BACKGROUND: Ed Beaudette, legal counsel for MDT in Helena contacted the planning department
several months ago concerning MDT's desire to transfer the above described excess property to the city
because, in his words, "it contains a bike trail, it is surrounded by city, it functions like a park and it
should belong in the city. Doug Mueller, our MDT Regional District Administrator out of Missoula
echoed those sentiments. When MIST purchased the necessary RIW in this area from Burlington
Northern, the strip of land in question was still an active rail line. Burlington Northern required MDT to
buy not only the rail line under the Highway 93 Alternate Route project, but also the remainder piece that
extended 3,000 feet to the west. Note that the rail line that continues west beyond this tract in question
was abandoned decades ago and has since been purchased by Flathead County using CTEP trail funds.
This type of land transfer raises several questions which are discussed below:
• How is the land currently owned and managed?
MDT owns the land having purchased it from Burlington Northern. Flathead County has a 15 foot
wide easement along the south edge of this parcel for a bike trail. Rails to Trails informally
manages the trail and provides routine maintenance.
• What is the process for MDT to transfer excess RAW to the city?
MDT can directly negotiate with Kalispell because we are a local government. MDT is interested
in granting the property to the city.
• Flathead County Parks Department has a bike trail and easement on the property. What is their
position in this issue?
Flathead County Parks Board member Jim Watson has been a liaison with the planning and parks
departments on this matter. He said that Flathead County Weeds and Parks Director Jed Fisher
and the Flathead County Parks Board generally support the idea for 2 reasons. First, this portion
of the trail is so close to Kalispell and surrounded by city on several sides and secondly, the
county lacks significant funds to maintain their trail systems noting that this is the first year the
county has actually budgeted maintenance funds for any of it trails.
How will Kalispell maintain this land if they were to receive it?
Presently the Flathead Rails to Trails organization has been maintaining this entire trail from
Meridian to Kila. They have no format agreement with the county but have continued to do fund
raising and maintenance for this trail system since its construction. If the city were to come into
ownership of this portion of the trail, Rails to Trails is interested in entering into a Memorandum
of Understanding (MDU) with the city to formalize the maintenance responsibilities and in light of
the MGU would continue to undertake basic trail maintenance. The board of Rails to Trails
supports this relationship and wants to work with Kalispell.
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Direct staff to contact MDT and inform them that the city is interested in proceeding with formal
discussions to transfer the property to the city.
Direct staff to formally meet with the Flathead County Parks Board to officially gain their support.
Direct staff to meet with the Rails to Trails Committee to prepare a MOU for maintenance of the
trail system and associated land.
FISCAL EFFECTS: Generally neutral. The city would acquire a linear park containing a trail that was
maintained by Rails to Trails. After acquisition, Rails to Trails would still provide maintenance to the
trail, and the city would have the option of doing further improvements to this strip of land should they so
decide at a later time.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Tom Jentz Jane Howingtvn
Planning Director City Manager
Report compiled: September 9, 2010
Attachments: Vicinity maps
c: Theresa White, Kalispell City Clerk
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