Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CFBF Report dated 06/27/02
CITIZENS FOR A BETTER FLATHEAD PO Box 771 KALISPELL, MT 59903 406 756-8993 FAx 756-8991 WORKING TOGETHER FOR SMART GROWTH SOLUTIONS June 27, 2002 Mayor Pamela Kennedy x ," City of Kalispell City Hall HAND DELIVERED rn- N Kalispell, MT 59901 c M r N r C7 J RE: Master Plan Amendment Application KMPA-02-2 Wolford Development Montana L.L.C. �, r r .. � cJ Dear Mayor Kennedy and City Council: z — Please accept this packet as part of the official record in the Glacier Mall Plan Amendment proceeding. According to Mayor Kennedy's comments at the June 24 public hearing that the record is to remain open until Thursday, June 27, 2002 at 5:00 pm. It is my understanding that any information submitted after the date of closing may not be considered by the Council in making its decision. Enclosed please find the following: 1. Supplemental report prepared by Billmayer Engineering dated June 26, 2002 with Curriculum Vitae attached. 2. Copy of a report (including maps and letter from Dr. Jack Stanford dated November 21, 1999) prepared in response to the Tricity Auto Wrecking (Swartzenberger's) application to DEQ to relocate its auto wrecking yard to the Helena Flats/Spring Creek area. This study was referenced by hydrologist John Muhlfeld during the public comment period on the June 24, 2002 City Council hearing on the Glacier Mall Master Plan Amendment. The report is significant for the following reasons: • It addresses the same aquifer as the proposed mall. It recommended "unequivocal" denial based on the sensitivity of the site to potential environmental degradation, including contamination of drinking water sources. • It was prepared by Land and Water Consulting and Roger Noble. It outlines likely hazardous impacts to wetlands and the groundwater of toxic automotive fluids such as oil transmission fluid and anti -freeze. According to the report, "most constituents are highly mobile in both soil and groundwater because of their low water solubilities and minimal soil adsorption capacity." Land and Water report, p. 15 M n M C:) ® The study was integral to the County's rejection of Tricity Auto Wrecking's request to locate its auto wrecking yard to the Helena Flats area as recently as November 1999. 2) Copies of letters to City Attorney Charlie Harball dated May 28, 2002 and June 26, 2002 regarding public participation in this proceeding; 3) USGS Topographical Maps (four) depicting the Evergreen shallow aquifer; 4) Copy of letter from Dr. Jack Stanford, Flathead Biological Station, dated June 26, 2002, and, 5) Memorandum from Citizens For A Better Flathead re: economic trends and issues associated with retail commercial space and regional malls. Sincerely, C T-IZENS FO A B TER FLATHEAD r , Diane Conradi Executive Director Encls. BILLMAYER ENGINEERING June 27, 2002 Mayor Kennedy & City Council City of Kalispell 312 1"Avenue East Kalispell, MT 59901 RE: Glacier Mall Plan Amendment Dear Mayor Kennedy and Council, As you know, additional information was presented by the developer at the public meeting on Monday June 24, 2002. Testimony was presented by the developer and consultants defending the Glacier Mall Plan Amendment that you are now considering. Based upon additional infornation garnered from the public testimony of the mall officials, we can now offer the City Council additional engineering insight and opinion regarding the proposal. Our comments are summarized as follows: Summary In the area of stormwater management, the mall consultants indicate they will incorporate a stormwater filter system to provide treatment of stormwater prior to discharge to the Evergreen Aquifer. We offer information that indicates this method will not treat the stormwater sufficiently to remove the soluble phosphorus and nitrate and nitrite nitrogen. In the area of wastewater treatment and disposal the developer is now adamant they desire connection to the City of Kalispell and that the City of Kalispell no longer should be concerned about an on -site system for this development. Anticipated wastewater flows generated by the development cannot be refined any further than the initial estimates. Wide variation in flow estimates result from the numerous development possibilities contained in the Glacier Mall Plan Amendment. In the area of floodplain impact, consultants for the developer indicated the floodplain that bisects the property is nothing more than a finger storage pond. In reality, the conveyance into the flood channels comes from the north and flows southward into the mall site. A blockage of the channel by way of fill to accommodate the mall development will result in upstream ponding and the redirection of floodwaters to the adjacent properties. 2191 Third Avenue East - P.O. Box 1139 - Kalispell, Montana 59903-1139 - (406) 257-8707 - FAX (406) 257-8710 treatment should specifically address the reduction of phosphorus and nitrogen, along with other significant pollutant parameters, in the stormwater discharge. A technical paper on the "Comparative Pollutant Removal Capability of Stormwater Treatment Practices" was published by the Center for Watershed Protection, 2000. A copy of that report is attached. 135 individual stormwater practice performance studies were evaluated. Included in the evaluation is the performance of ponds, wetlands, open channels, filters, and infiltration practices. Design variations were reported in each of these groups including filters. In the area of phosphorus removal the report indicates, "While sand filters were found to be effective in removing total phosphorus, they often exported soluble phosphorus." Also, in the area of nitrogen removal, "In a broad sense, the stormwater practice groups could be divided into two categories: Nitrate Leakers and Nitrate Keepers. Nitrate leakers tend to have a lower, even negative, removal of soluble form of nitrogen and included filters, ditches and dry pond. In these practices, organic nitrogen is converted to nitrate in the nitrification process, but the conditions do not allow for subsequent de -nitrification. Thus these leakers produce more nitrate than delivered to them." (Emphasis added.) Since the developer's consultants have indicated the stormwater treatment system will include a direct discharge to the Evergreen Aquifer, the proposed approach creates considerable alarm. Sewage Loads Due to the paucity of information regarding the specific commercial uses and the large variation in residential density, it is difficult for us to further refine the estimate of sewage generated by the Glacier Mall Project Proposal. The Proposed Land Use Map presented with the developers Glacier Mall Mixed Use Development, Annexation/Initial Zoning and Initial Master Plan Designation Request to the City of Kalispell lacks sufficient detail to compute a more precise wastewater generation estimate. For instance, the current Kalispell City County Master Plan established residential density estimates. High Density Urban Residential, for example, indicates a residential district could have a density that ranges from 8 to 40 units per gross acre. It is common knowledge residential uses are generally the dominant wastewater producers within a mixed -use development. The wide variation in possible density and the lack of detail limits further refining of the wastewater estimate. The primary reason for introducing wastewater flows into the analysis is the demonstration of the difficulty for a developer to create an on -site wastewater treatment and disposal facility. From the testimony presented last Monday, it is evident this developer is committed to connection to the City of Kalispell's sewer system. That commitment is likely driven by the difficulty and expense in creating and on -site alternative. In the past, the on -site alternative has been held as a means of easily relocating the proposal away from the City of Kalispell. It is apparent the difficulty in making the on -site concept a reality has limited the developers approach to the sewage treatment and disposal issue. Floodplains During the public hearing, consultants for the developer correctly indicated downstream fill of the flood channel had occurred. The flood channel of interest lies in the Flathead River over bank area known as Helena Flats. Spring Creek, Goodrich Bayou, and Trumble Creek all Billmayer Engineering 3 contribute to the general conveyance of a major flood in the Flathead River basin. Due to the general gradient, north to south, stormwater conveyed in the flood channel that bisects the mall property will accumulate at the downstream fill area. The fact that the flood channels are filled downstream does not eliminate the upstream conveyance into the area. Any proposal to fill the flood channel on the mall site must address the ponding that will occur on the properties located upstream. Finally, the impediments to removal from floodplain designation are described in my initial report. Should additional engineering detail be submitted by the developer a more detailed response will be developed. Sincerely, J. Jay Billmayer, P.E. CC: Citizens For A Better Flathead Job File C.75.1 Billmayer Engineering 4 Comparative Pollutant Removal Capability of Stormwater Treatment Practices Pa,!e I of I Entry # 578 Title Comparative Pollutant Removal Capability of Stormwater Treatment Practices, Article 64 in The Practice of Watershed Protection Author(s) Schueler, T. Date 2000 Publisher Center for Watershed Protection Hyperlink Contact Center for Watershed Protection 8391 Main Street Ellicott City MD 21043 Phone 4104618323 Fax 4104618324 Email centerweKNIi.org Website www.cwp.org Summary: This article summarizes the results of a national database developed by the Center for Watershed Protection, which contains more than 135 individual stormwater practice performance studies. The goals of this project were to generate national statistics about the pollutant removal capability of various groups of stormwater practices and to highlight gaps in our knowledge about pollutant removal. The analysis of stormwater STP removal efficiency found that pond and wetland STPs have similar removal capabilities, dry ED ponds and ditches have extremely limited removal capability, and water quality swales show promise for most pollutants, but not for biologically available phosphorus. Tables and graphs provide specific numeric values for pollutant removal efficiencies among selected stormwater treatment practice groups. hap:/Jwww.stormwatercenter.net/Database Files/Publications Database I Paue 106.htn l 5/24/02 Technical Note #95 fi-om Watershed Protection Techniques. 2(4): 515-520 Comparative Pollutant Removal Capability of Stormwater Treatment Practices 0 ver the last two decades, an impressive amount of research has been undertaken to document the pollutant removal capability of urban Stormwater treatment practices. The Center has re- cently developed a national database that contains more than 135 individual stormwater practice perfor- mance studies. The goals for this project, were to generate national statistics about the pollutant removal capability of various groups of stormwater practices and to highlight gaps in our knowledge about pollutant removal. The database was compiled after an exhaustive literature search of past monitoring studies from 1990 to the present. About 60 earlier monitoring studies had been collected in prior literature syntheses (Strecker et al., 1992, Schueler, 1994). To be included in the data- base, a performance monitoring study had to meet three minimum criteria: a) collect at least five storm samples, b) employ automated equipment that enabled taking flow or time -based composite samples, and c) have written documentation of the method used to compute removal efficiency. A total of 139 studies in the current phase of the project met these criteria. Once in the database, a few general conventions were needed to facilitate the statistical analysis. First, related measurements of water quality parameters were lumped together in the pollutant removal analysis (e.g., "soluble phosphorus" included ortho-phosphorus, bio- logically available phosphorus, and soluble reactive phosphorus; "organic carbon" lumps biological oxy- gen demand, chemical oxygen demand and total organic carbon removals, "hydrocarbons" can refer to oil/grease or total petroleum hydrocarbons and "soluble nitro- gen" refers to nitrate + nitrite or nitrate alone. Second, if more than one method was used to calculate pollutant removal, methods that compared the input and output of mass rather than concentrations were used. Third, if the monitoring study only recorded removal in terms of"no significant difference" in con- centrations, these were registered as zero removals. Similarly, studies that reported unspecified negative removals were entered as minus 25%(mean of negative values where specified). Finally, performance studies reporting negative removals greater than 100% were limited to minus 100% to prevent undue bias in the data set. Each study was then assigned to one of five general stormwater practice groups: ponds, wetlands, open chan- nels, filters, and infiltration practices. Each group was further subdivided according to design variations. For example, the pond group includes detention ponds, dry extended detention (ED) ponds, wet ponds and wet ED ponds. Medians were used as the measure of central tendency for all stormwater practice groups and design variations, and are only reported if sample size exceeded five monitoring studies. In general, pollutant removal rates should be considered as initial estimates of Storm - water practice performance as studies occurred within three years of practice construction. As always, extreme caution should be exercised when stormwater management performance studies are compared. Individual studies often differ in the number of storms sampled, the manner in which pollutant removal efficiency is computed (e.g., as a general rule, the concen- tration -based technique often results in slightly lower efficiency than the mass -based technique), the monitor- ing technique employed, the internal geometry and stor- age volume provided by the practice design, regional differences in soil type, rainfall, latitude, and the size and land use of the contributing catchment. In addition, Number of Stormwater Practice Design I Monitoring Studies Biofilter Filter/Wetland Systems Filter Strips Infiltration Basins Bioretention Wet Swale Gravel -based Wetlands Infiltration Trench Porous Pavement Perimeter Sand Filter 31 Percent of Studies Stormwater Parameter that Measured It Total Phosphorus 94 Total Suspended Solids (TSS) 94 Nitrate -Nitrite Nitrogen 71 Total Zinc 71 Total Lead 65 Organic Carbon 56 Soluble Phosphorus 55 Total Nitrogen 54 Total Copper a 46 Bacteria 19 Total Cadmium a 19 Total Dissolved Solids 13 Dissolved Metals 10 Hydrocarbons 9 a Excludes studies where parameter was below detection limits. pollutant removal percentages can be strongly influ- enced by the variability ofthe pollutant concentrations in incoming stormwater. If the concentration is near the "irreducible level"(see Schueler,1996), a low ornega- tive removal percentage can be recorded, even though outflow concentrations discharged from the stormwa- terpractice were actually relatively low. Gaps in the Stormwater Practice Performance Database A key element of the database project was to identify current gaps in stormwater practice monitoring research. To this end, the entire database was analyzed to find practices that had seldom been monitored and identify key stormwater pollutants that were not fre- quently sampled. This information is helpful for setting future monitoring priorities in order to close these research gaps. Key gaps in our current knowledge about urban stormwater management practice performance are shown in Table 1. As can be seen, the pollutant removal performance of 10 commonly -used practice designs have been tested less than four times. Consequently, we have less confidence in the computed removal rates for these practices. Perhaps the most critical gap in stormwater practice performance research exists for infiltration and bioretention practices, which, as of yet, have never been adequately monitored in the field. To some extent, the lack ofperformance monitoring reflects the fact that stormwater enters these practices in sheetflow and often leaves them by exfiltratin o into the soil over a broad area. Since runoff is never concen- trated, it is extremely difficult to collect representative samples of either flow or concentration that are needed to evaluate removal performance. This sampling limita- tion has also made assessment of filter strips problem- atic. More research on the performance of water quality swales (i.e., dry swales and wet swales) appears war- ranted, because so few have been monitored, and the recorded removal rates are so different. The perfor- mance of other stormwater practices have not been scrutinized either because they are relatively new (i.e, organic filters and submerged gravel wetlands) or are smaller versions of frequently sampled practices (i.e., pocket wetlands and ponds). While ponds, wetlands, sand filters and open chan- nels havebeen extensively monitored in the field (10 to 30 studies each), significant gaps exist with respect to individual storm water parameters (Table 2). In particu- lar, storm water practice pollutant removal data is scarce with respect to bacteria, hydrocarbons, and dissolved metals. These three parameters have only been mea- sured in 10 to 20% of all stormwater practice perfor- mance studies, despite their obvious implications for human health, recreation, and aquatic toxicity. A greater focus on these important parameters is warranted in future monitoring efforts. Comparison ofStormwater Practice Pollutant Removal Performance The comparative removal efficiency of stormwater practice groups is shown in Figures 1 and 2 for a series of commonly sampled parameters. These "box and whisker" plots depict the statistical distribution of removal rates: the "whiskers" show the minimum and maximum values, whereas the "box" delimits where half of all values lie (range between 25 and 75% quartile). Thus, the more compact the box, the less variable the data. The line inside the box denotes the median value. Medians and sample sizes are also shown in Tables 3 and 4. As both plots clearly show, performance can be pxtremely variable for many parameters within a group of stormwater management practices. (This is in addi- tion to similar variability frequently seen from storm to storm, within an individual storm water practice). Con- sequently, estimates of stormwater practice perfor- mance should not be regarded as a fixed or constant value, but merely as a long -run average. 32 Tp;al Ph,3sphorv-* Soluble Phosphoru-5 ... . .............. T I ............................ Tatol Ni,*rogen I ' .......... ...... ._ ....-- ..... F� 1� ..... .. _..I...-----.......-- -_ ...._ ......... �w ................... _ �t Y 1. * Gfi'rh ti- ,rrrr�u�,:; Iv��frrre�rr.hr�,nca Nitrate and Nitdie Mircgiun ........... ...... ... .. u . __'.................... 1 ! l Phosphorus relatively low variation in total nitrogen removal. The While variable, most practice groups were foundto groupsdifferedgreatly intheir ability toremove soluble , have median removal rates in the 30 to 60% range for nitrogen. In a broad sense, the stormwater practice both soluble and total phosphorus. Once again, dry groups could be divided into.two categories: "nitrate ponds and ditches showed low or negative ability to leakers" and "nitrate -keepers." Nitrate leakers tend to remove either phosphorus form. Interestingly, several have low or even negative removal of this soluble form practice groups exhibited very wide variation in phos- ofnitrogen, and included filters, ditches, and dry ponds. phorus removal (e.g., note the large size of boxes for In these practices, organic nitrogen is converted to wetlands, water quality swales and sand filters). While nitrate in the nitrification process, but conditions do not, sand filters were found to be effective in removing total allow for subsequent denitrification. Thus, these phosphorus. they often exported soluble phosphorus."leakers" produce more nitrate than isdelivered tothem. Nitrate keepers tend to have moderate removal rates and include wet ponds, wet ED ponds and shallow marsh. Nitrogen In thesepractices, algal and other plants take up nitrate, Most stormwater practice groups, on the other and incorporate it into organic nitrogen. Thus, "keep - hand, showed a lower ability to remove total nitrogen, ers" tend to remove more nitrate than is delivered to with typical median removal rates on the order 15 to 3 5%. them. Some practice groups, such as water quality In contrast tophosphorus.most practice groupsshowed swales and pond/wetland systems, exhibit such wide 33 Tvt,-,tl �Wi[1 Orgarer, Carbon E L 04 E' Zinc copp-er I. J......... -� 11 _1 I_ . . .. . .......... j........................... _- ............... - - r �_3-�rr.`r�r'�- Ir��arr+cry F-rJ�-a:• variability, that it is likely that some practices are acting as nitrate leakers and others as nitrate keepers. Suspended Sediment Most stormwaterpractice groups exhibited a strong capability to remove suspended sediment, with median removals ranging from 60 to 85% for most groups. The highest median removal was noted forsand filters, water quality swales, infiltration practices, and shallow marsh systems (all slightly above 80%). Most pond and wet- land designs approached but did not surpass the 80% TSS removal threshold specified in Costal Zone Act Reauthorization Amendments (CZARA) Section 6217 (g) guidance. Ditches exhibited the greatest variability, and had a median sediment removal rate of 31 %. I Carbon The ability ofurban stormwater management prac- tices to remove organic carbon or oxygen demanding material, while quite variable, was generally fairly mod- est, with median removal rates on the order of20 to 40%. A notable exception was water quality swales, which exhibited median removal rates in excess of 65%. It should be noted that some variability in carbon removal rates could be due to the lumping of total organic carbon, BOD, and COD together. Trace Metals Most stormwater practice groups displayed a moderate to high ability to remove total lead, and zinc from urban runoff. Typical median removal rates were on the order of 50 to 80%. Exceptions included open 34 Median Removal Rate For Stormwater Pollutants (%) Practice Grou s N TSS TP Sol P Total N NOx Carbon Detention Pond 3 7 19 0 5 9 8 DryED Pond 6 61 20 (-11) 31 (-2) 28 Wet Pond 29 79 49 62 32 36 45 Wet ED Pond 14 80 55 67 35 63 36 PONDSa 44 80 51 66 33 43 43 Shallow Marsh 23 83 43 29 26 73 18 EDWetland 4 69 39 32 56 35 ND Pond/Wetland 10 71 56 43 19 40 18 WETLANDS 39 76 49 36 30 67 18 Surface Sand Filters 8 87 59 (-17) 32 (-13) 67 FILTERS b 19 86 59 3 38 (-14) 54 INFILTRATION 6 95 70 85 51 82 88 WQSWALES° 9 81 34 38 84 31 69 DITCHES 11 31 (-16) (-25) (-9) 24 18 N = Number of performance monitoring studies. The actual number for a given parameter is likely to be slightly less. Sol P = Soluble phosphorus, as measured as ortho-P, soluble reactive phosphorus or biologically available phosphorus. Total N = Total Nitrogen. Carbon= Measure of organic carbon (BOD, COD or TOC). a Excludes conventional and dry ED ponds. b Excludes vertical sand filters and vegetated filter strips. c Includes biofilters, wet swales and dry swales. Median Stormwater Pollutant Removal d Practice Groups Bacteria e HC f Cd Copper Lead Zinc Detention and Dry EDPonds 78 ND 32% 26% 54% 26% PONDSa 70 81 50 57 74 66 WETLANDS 78 85 69 40 68 44 FILTERSb 37 84 68 49 84 88 INFILTRATION ND ND ND ND 98 99 WQ SWALES° (-25) 62 42 51 67 71 DITCHES 5 ND 38 14 17 0 a Excludes dry ED and conventional detention ponds b Excludes vertical sand filters and vegetated filter strips. ° Includes biofilters, wet swales and dry swale. d N is less than 5 for some BMP groups for bacteria, TPH and Cd, and medians should be considered provisional. e Bacteria values represent mean removal rates. f HC = hydrocarbons measured as total petroleum hydrocarbons or oil/grease. 35 channels and dry ED ponds that were generally ineffec- tive at promoting settling. Median copperremoval rates ranged from 40 to 60%, with highest removals seen for the water quality swales, stormwater wet ponds, and filter groups. It should be noted that only 10% of all stormwater practice studies measured soluble metal removal which is widely thought to be a better indicator of potential aquatic toxicity than total metals (which includes metals that are tightly bound to particles). A quick review of the few studies that examined soluble metals suggests that while removal was usually posi- tive, it was almost always lower than total metal removal. Bacteria The limited monitoring of fecal eoliform did not allow for intensive statistical analysis of the effective- ness of stormwater practice groups in removing bacte- ria from urban runoff. Preliminary mean fecal coliform removal rates ranged from 65 to 75% for ponds and wetlands, and 55% for filters. Based on very limited data, ditches were found to have no bacteria removal capa- bility, while water quality swales consistently exported bacteria. To put the removal data in perspective, a 95 to 99%removal rate is generally needed in most regions to keep bacteria levels under recreational water quality standards. Hydrocarbons The limited monitoring data available suggested that most stormwater practice groups can remove most petroleum hydrocarbons from stormwater runoff. For example, ponds, wetlands, and filters all had median removal rates on the order of 80 to 90%, and water quality swales were rated at 62%. In general, the ability of practice group to remove hydrocarbons was closely related to its ability to remove suspended sediment. In nearly every case, hydrocarbon removal was within 15% of observed sediment removal. Implications This re -analysis ofurban stormwater management practice performance has several implications for water- shed managers. For the first time, there is enough data to select specific practice groups on the basis of their comparative ability to remove specific pollutants. A second implication is that the pond and wetland prac- tice groups have similar removal capabilities, although the pollutant removal capability of wetlands appears to be more variable than ponds. Infiltration practices do appear to have the highest overall removal capability of any practice group, whereas dry ED ponds and ditches have extremely limited removal capability. Water qual- ity swales show promise for some pollutants but not for biologically available phosphorus. Significant gaps do exist in our knowledge in regard to the removal capability of certain practice designs and stormwater parameters. Filling these gaps should be the major focus of future stormwater practice monitoring research. For the more well -studied practice groups (ponds, wetlands, and filters) research should be re -directed to investigate internal factors (geometry, sediment/water column interactions, etc.) that can cause the wide variability in pollutant removal that is so characteristic of stormwater practice monitoring. Such research could be of great value in developing better design strategies to dampen pollutant removal variabil- ity, thereby improving reliability in achieving pollutant reduction goals at the watershed scale. —TRS References Brown, W., and T. Schueler. 1997. Final Report: National Performance Database for Urban BMPs. Prepared for Chesapeake Research Consortium. Center for Watershed Protection. Silver Spring, MD. 208 pp. Schueler, T. 1994. "Review of Pollutant Removal Performance of Stormwater Ponds and Wetlands." Tech- nical Note 6. Watershed Protection Techniques l (1): 17- 18. Schueler, T. 1996. "Irreducible Pollutant Concen- trations Discharged from Urban BMPs. " Technical Note 75. Watershed Protection Techniques 2(2): 369-371. Strecker,E. 1992. "Pollutant Removal Perormance of Natural and Created Wetlands for Stormwater Runoff. " Final Report toU.S.EPA. Woodward Clyde Consultants, Inc. Portland, OR. 112 pp. Note: The Center updated its natural stormwater treatment database in 2000. While the comparative pollutant removal performance did not change greatly, the reader may want to consult this far more expanded database which is available from the Center 36 BILLMAYER ENGINEERING PERSONAL RESUME J. JAY BILLMAYER, P.E. REGISTRATION Professional Engineer: Montana, Oregon, Washington Licensed Monitoring Well Constructor: Montana EDUCATION Master of Science, Civil Engineering, 1973, Montana State University Bachelor of Science, Civil Engineering, 1971, Montana State University SPECIALIZED TRAINING Northwest Ground Water Short Course, University of Washington, Department of CE&EM, Three Annual Sessions National On -Site Waste Disposal Conference, Michigan State University and National Sanitation Foundation, Ann Arbor, Michigan Ground Expo 1982, National Geotechnical Conference On -Site Remediation, Rice University, Houston, Texas ASCE Project Management Training Seminar, American Society of Civil Engineers, Newport Beach, California Site Remediation Conference, University of Wisconsin, Madison, Wisconsin Haestad Methods Hydraulic Modeling Short Course, Utilization of Corps of Engineers HEC-2 Programs and Methods, Haestad Corporation, Waterbury, Connecticut Heastad Methods Sanitary Sewer Design and Modeling Workshop, San Diego, California EXPERIENCE October 1984 - Present Owner and President, Billmayer Engineering, Kalispell, Montana Responsible charge of civil engineering firm. Firm engaged in design and construction supervision of public water and sewer systems, subdivisions, streets, drainage, soils testing and erosion control. 2191 Third Avenue East - P.O. Box 1139 - Kalispell, Montana 59903-1139 - (406) 257-8707 - FAX (406) 257-8710 PERSONAL RESUME J. JAY BILLMAYER, P.E. Page Two September 1978 - October 1984 Principal Partner and President, Marquardt & Billmayer, Consulting Engineers, Kalispell, Montana Responsible charge of civil engineering firm. Firm engaged in design and construction supervision of public water and sewer systems, subdivisions, streets, drainage, soils testing and corrosion control. October 1977 - September 1978 Project Manager, Morrow Mechanical Contractors, Billings, Montana Responsible for design -build projects involving municipal pump stations, water and wastewater plant modifications, site utilities for commercial structures. Duties included estimating, administering contracts, coordination of subcontractors and material purchasing. December 1973 - October 1977 Senior Staff Engineer, HKM Associates, Billings, Montana Responsible for feasibility evaluation, design and construction supervision of water and wastewater treatment facilities, irrigation and municipal pump stations, refinery fire protection systems and cross country pipelines. November 1971 - December 1973 Research Engineer, Civil Engineering and Engineering Mechanics Department, Montana State University, Bozeman, Montana Project engineer for the design, construction and cooperation of a pipeline research facility. Developed and interfaced the mechanical, hydraulic and instrumentation systems for the study and evaluation of slurry pipelines. Kt11Yi/it111xy National Society of Professional Engineers American Society of Civil Engineers, Past Section President National Society of Architectural Engineers Rotary International Hydrology .o recommendationwaterquality issues regarding relocation of Swartzenberger Auto Wrecking Yard, 1999 Written by Land ♦',Water Project Manager: Roger Noble �.III• 111111ti• ■ Target is UTM t` Copyright 0 20M M aps a la ca&- W. s E t 0 1000 2000 3000 4000 1 0 .0 2.0 miles I I I I 1 of 1 6/26/2002 2:13 PM r i' 2.0 APPLICATION REVIEW PROCESS A motor vehicle wrecking facility is regulated by the MDEQ Permitting and Compliance Division. The permitting process includes several steps as described in the following paragraphs. The first step involves the applicant submitting a correct and complete application to MDEQ. The application is accompanied with pertinent soil, water, and well log data in addition to a list of Best Management Practices (BMPs) for the proposed operating facility. The application also requires a cultural resources evaluation / record search and a signature from the county planner. Following receipt of the application, MDEQ notifies adjoining landowners and the county commissioners as to the location and nature of the proposed activity. A mandatory 30-day public comment period is issued to facilitate comments from the public and government agencies. Comments are processed and analyzed to determine if significant human health and environmental concerns are warranted based on the information contained in the application. Based on the content analysis, county commissioners can either reject, approve or take a "no position" on the application. A county record / resolution is then submitted to MDEQ. In cases where the county commissioners issue a "no position" or approve the application, MDEQ initiates a formal environmental review process pursuant to requirements of the MEPA. A second mandatory 30-day public comment period is issued with public notices in the local newspapers. Comments are analyzed, and categorized as either significant or non -significant issues. Based on the nature of comments received, MDEQ issues a Decision Notice and either rejects, outright approves, or approves with modifications the motor vehicle wrecking facility license application. LAND & WATER 2.1 Deficiencies Identified on the Application for License James and Vicki Swartzengerger submitted a license application for a new facility to MDEQ on October 1, 1999. The application requires the applicant to provide detailed site -specific information for 16 different sub -categories. A copy of the Swartzenberger Application for License is contained in Appendix A. As evident in the application, the following deficiencies and inconsistencies were identified: Item No. 4 requires the applicant to provide the size and legal description of the proposed facility. The legal description fails to state the correct tract number for the property owned by Anja Landsmann, for which the application has been submitted. The correct Tract number is 4A; incorrectly stated in the application as 1B. Figure 2 is a copy of the Flathead County plat map showing the location of Tract 113 as compared to Tract 4A. This application should be considered null and void since the Tract number is incorrectly specified and therefore, not relevant to the public or environmental review process. Item No. 8 requests the applicant to respond and demonstrate how automotive fluids including crank case oil, transmission fluid, anti -freeze, and gasoline be managed and disposed. The applicant's response indicates that "there is a concrete floor in the building and all fluids will be collected and burned". This response is deemed to be inadequate because it does not contain any specific information relative to the collection of individual fluids. Used crank case oil, transmission fluid, anti -freeze, and gasoline contain various constituents that are listed as hazardous chemicals (a list of the chemicals of concern is contained in Section 4). These chemicals require special handling procedures for either recycling or proper disposal. As such, the application is considered to be deficient in terms of providing a response for each identified fluid. The applicant also states that the fluids will be collectively burned. With the exception of used motor oil, it is not possible to burn the other listed fluids. If the applicant intends to pursue this avenue, it will be necessary to submit an application for an air -quality discharge permit and obtain a license for an incinerator. Neither of these applications accompanies the motor vehicle wrecking license application. For the aforementioned reasons, this response is considered to be deficient with respect to the application. 4 LAND & WATER Item No. 9 requests the applicant to identify any streams, intermittent drainages, or irrigation ditches within 1/4-mile of the property and how they will be protected from potential impacts of facility operations. The applicant responded by stating, "the slope of this property is level and the operation and/or storage will maintain a buffer zone within the confines of the property for controlling potential impacts." This response is inconsistent with the general topography of the area. The USGS 7.5-Minute Quadrangle shows the ground surface in the vicinity of the proposed site slopes toward the headwaters of Spring Creek. An inspection of the property directly south of the proposed site also confirmed that all stormwater drainage would flow due south into the wetland on the adjacent property. The applicant does not provide any specific information as to the width and layout of the proposed buffer zone. Additionally, the application does not provide a stormwater management plan that is required for this type and size of facility. Based on the lack of site -specific information, this response is considered deficient with respect to the application. Item No. 10 requires the applicant to determine if surface water run-off controls are necessary to prevent potentially contaminated run-off from leaving the property. The applicant indicates "No because the property is essentially level with sandy loam and gravelly soils. The surface soils take care of surface water run-off." As previously stated, the local topography slopes to the south and surface water drains directly into the wetland area bordering the southern margin of the property. The applicant's response is deemed to be inaccurate with respect to actual site conditions. Of even more significant concern is the applicant's intention to discharge the stormwater runoff into surface soils. The underlying soils as described in Section 3.4 are highly permeable and the stormwater would infiltrate directly into the shallow aquifer. The stormwater runoff will carry a variety of contaminants that will enter the groundwater, and eventually Spring Creek. In essence, this response is inconsistent with existing site conditions and the proposed mechanism to control stormwater runoff is not compatible with State regulations and would likely require a Montana Pollutant Discharge Elimination System (MPDES) permit for this facility. 417 LAND & WATER Item No. 11 requests the applicant to provide information relative to the groundwater resources underlying the site. The application states that the general "well depth is 40 feet and the depth of the first water table is approximately 15 feet." Well logs obtained from the DNRC files indicate that wells constructed in the water table aquifer typically range from 25 to 30 feet deep. The depth to groundwater measured in an irrigation well on the northern margin of the proposed site is 4.5 feet below ground surface as recorded on November 19, 1999. The applicant clearly did not provide accurate information relative to this question, therefore the response should be considered deficient. Item No. 14 requests the applicant to identify any potential impacts that might occur with the development or operation of this wrecking yard. The applicant states "None known." This response is regarded as deficient because of the presence of wetland resources and associated wildlife, and the quality of water associated with the Shallow Alluvial aquifer And Spring Creek. Should contaminants migrate offsite, numerous adverse environmental consequences would result. The application should be re -submitted to comprehensively identify and address potential environmental impacts. Given the application is incorrect and contains numerous deficiencies that require substantially more detailed information, the application should be rejected for consideration at this time. I rl LAND & WATER 3.0 AFFECTED NATURAL RESOURCES This section summarizes the types, locations and existing conditions of natural resources in the immediate vicinity of the project area. 3.1 Groundwater Resources The proposed 10-acre wrecking yard site overlies the Shallow Alluvial Aquifer (i.e., Evergreen Aquifer). The aquifer is composed of unconsolidated sands and gravel that were deposited as riverine sediments. The aquifer extends from the mouth of Bad Rock Canyon near Columbia Falls to the confluence of the Stillwater and Flathead Rivers. The aquifer is bounded on the west by the Whitefish River and on the east by the Flathead River. The depth to groundwater ranges from 2 to 12 feet below the ground surface. The depth to groundwater measured in an irrigation well located along the northern margin of the proposed site was 4.5 feet below the ground surface on November 19, 1999. The groundwater flow direction is from north to south. Groundwater within the aquifer moves exceptionally rapid at a rate of approximately 15 to 20 feet per day. The aquifer is hydraulically connected to the Flathead River and provides supplemental base flow to the river near the confluence with the Stillwater River. A cursory review of DNRC water rights files was performed to determine the number of wells that derive water from the Shallow Alluvial Aquifer and the number of surface water rights on Spring Creek within the immediate area of the proposed site. Our query was limited to Sections 15 and 22 of Township 20 North, Range 21 West of Flathead County. Had time permitted, we would have also queried Section 23. The results of this assessment indicate there are approximately 20 wells in Section 15, and 60 wells in Section 22 that rely on shallow groundwater resources for potable and irrigation supply (see Figure 3). In addition, the DNRC has issued 17 surface water rights to appropriate water from Spring Creek for multiple beneficial uses. Spring Creek is also in hydraulic LAND & WATER Y I�Fi f / Propos it in bcat rl - BM -� i 2942 C A / / �- p, = , ' k /714 % lv ' 2 - — — { I� 0.,,�,1; i;( / ;A Helena FlatsL { �� �,1 A••' 1 n le 2934 1 'gg; y` A Shallow Well Locations i Figure 3. 0 11-21-09 Shallow Well Map LAND & WATER CONSULTING, INC. Scale: l' =15W (408) 257-7200 P.O. Box 8027 799-101 htl .dw8 Project Manager. R Noble Drnf ffmm J.S. (406) 257-7205 FAX Kalispell, MT 599D4 communication with the Shallow Alluvial Aquifer and any potential impacts on the shallow groundwater system would be readily transmitted to the surface water resources. 3.1.1 Groundwater Quality Standards The groundwater is rated as a Class I standard. This rating is suitable for public and private water supplies, culinary and food processing purposes, irrigation, livestock and wildlife watering. In general, the groundwater is a calcium -bicarbonate type with low dissolved solids concentration. This type of water is considered to be excellent for both potable and irrigation purposes. 3.2 Spring Creek Hydrology Spring Creek originates in the project area and is fed by a series of contact springs formed in sloughs and wetland areas approximately 200 feet south of the proposed wrecking yard facility (see Figure 4). Downstream of the project area, Spring Creek meanders through residential developments and farmland prior to its confluence with abandoned sloughs, wetlands and historic channels of the greater Flathead River system. Surface hydrology of Spring Creek is largely driven in response to local shallow groundwater conditions due to its hydraulic connectivity with the Shallow Alluvial Aquifer. Consequently, any potential impacts to Spring Creek would be readily transmitted to the shallow groundwater system. 3.2.1 Water Quality Status and Regulations MDEQ has adopted watershed specific standards to conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation and other beneficial uses (Administrative Rules of Montana 17.30.641 Sub -Chapter 6). Spring Creek and associated aquatic resources including the Flathead River are classified B-1 by MDEQ, as stated in the Montana Water Quality Standards. The water quality criteria for protection of beneficial uses, specific to B-1 waters and Spring Creek appear in Section 17.39..623 10 LAND & WATER of the Administrative Rules of Montana (ARM). Uses specific to Spring Creek include drinking, culinary and food processing purposes after conventional treatment, bathing, swimming and recreation; growth and propagation of salmonid fishes and associated aquatic life, waterfowl and furbearers; and agricultural and industrial water supply. Water Quality Limited Segments (WQLS) are waterbodies that do not fully meet state water quality standards or have intended beneficial uses that are being threatened. In October of 1998, DEQ removed East Spring Creek from their 303(d) list of WQLS in the state of Montana. The removal of East Spring Creek from its impaired status was largely a result of a watershed -scale restoration effort spearheaded by the Flathead Conservation District. This project included restoring Spring Creek and its associated natural resources to their natural or potential condition, thereby reducing point and non -point sources of pollution to Spring Creek and enhancing vital aquatic and wetland habitat. The rehabilitation of East Spring Creek has been used as a model for other agencies and watershed working groups to follow throughout the State of Montana, and was in fact, the first waterbody removed from the 303(d) list of water quality impaired streams in Montana (see Appendix B: letter from Ronald Buentenmeier, Chairman of the Board, Flathead Conservation District 1999). 3.3 Wetland Resources The project area is located in the vicinity of the headwaters of Spring Creek. As described in Section 2.1, Spring Creek originates from a series of contact springs formed in topographic depressions and sloughs in the vicinity of the proposed wrecking yard facility site (see Figure 4). Although these areas have been degraded from their natural condition due to overgrazing and tilling, our professional judgment based on soil, vegetative, and hydrologic site characteristics is that the headwater sloughs noted in Figure 4 meet jurisdictional wetland criteria outlined in the 1987 Army Corps of Engineers Wetland Delineation Manual (US-ACOE, 1987) and as clarified in a March 1992 memo (US-ACOE, 1992). Although a routine wetland delineation was not ii LAND & WATER KI ff • t �^ ti j s ,, • t � 11 1 � f ®� '' f -f- ool, Propose f � 1t ,i I �— � --- L . f - r n "am c: x Spring eek --fli ad— ers J 15 I I e• ' O Soil Pit Sites I '• Wetland Resources 11 Figure 4. Soil and � � O � 11 21-M Scale: V -15W Wetland P LAND & WATER CONSULTING, INC. (406) 257-7200 P.O. Box e027 99- 7101 hQ.dwg Project Manager: FLNoble Dmftman: J.S. (408) 257-7205 FAX KaNepeC, MT 59904 completed for the area, our estimate is that approximately 21 acres of jurisdictional wetlands occur just downstream of the proposed wrecking yard facility site (see Figure 4). At the time of our site review on November 19, 1999, surface and subsurface hydrology observations were made in the field. In summary, continuous inundation and saturation of surface soils in the headwater sloughs was clear evidence of active wetland hydrology. Additionally, soil pit descriptions recorded by the USDA Natural Resources Conservation Service in the vicinity of the proposed facility site on November 5, 1999 indicate the presence of the main morphological features used as field indicators of wetland soils. These include low chroma soils and the presence of common distinct mottles and redoximorphic features (see Section 3.4). 3.3.1 Wetland Regulations There are two main regulations pertaining to the nature of the wrecking yard facility site proposal. The Montana Environmental Policy Act (MEPA) ensures that state actions that can potentially impact wetlands be analyzed and documented in an environmental impact report such as an Environmental Assessment (EA) or Environmental Impact Statement (EIS). In concert with this process, a mandatory public comment period is issued to facilitate individual comments on the nature of the proposed activity. Based on the range and nature of comments received, alternatives are developed and analyzed as part of the MEPA process. At a minimum, two alternatives must be considered including a No Action Alternative and one Action Alternative. The second regulation relating to wetlands is Section 404 of the Clean Water Act. Section 404 is intended to maintain and restore the chemical, physical, and biological integrity of national waters, including wetlands. Given the nature of the proposed activities and on -site soil and groundwater characteristics, activities in the proposed wrecking yard facility site could potentially impact down -gradient wetland water quality. These potential effects would require analysis under MEPA and Section 404 of the Clean Water Act. 13 LAND & WATER 3.4 Soil Resources On November 5, 1999, a Resource Soil Scientist with the USDA NRCS conducted on - site soil investigations near the headwaters of Spring Creek in the northeast '/4 of Section 15, T29N, R21 W. Soil pit profile locations are noted in Figure 4. A letter of correspondence summarizing the results of this survey is contained in Appendix B of this report. Soils in the vicinity of the proposed wrecking yard facility site are formed in relic stream terrace deposits consisting of fine sandy loams to very gravelly loamy sand. In general, these soils are well drained, very porous and contain a relatively high percentage of coarse rock fragments (gravelly alluvium). Soil pits 1 and 2 contained approximately 15-inches of fine sandy loam to loamy fine sand in the upper surfaces with very gravelly loamy sand in the lower profiles. This gravelly layer is rapidly permeable (6 to 20 inches per hour) and appears to be several feet thick and continuous along the north bank of the adjacent wetlands (USDA NRCS Correspondence, 1999). Soil pit 5 was dug between pits 1 and 2 and filled with water indicating shallow groundwater discharge to the surface or contact spring activity. Soil pit 3 is located in a depression that drains the west %2 of the proposed wrecking yard facility site. Soil profile results indicate yellow brown redox concentrations indicating a seasonally high water table within 14-inches of the surface. Soil pit 5, located on the mid -slope of a slight topographic depression and approximately 50 feet west of the proposed wrecking yard facility site, also contained redox concentrations indicating a seasonally high water table at —43-inches. In summary, results of the soil pit analyses indicate that soils in the area are very porous and transmit water fairly rapidly to the shallow groundwater aquifer. Redoximorphic features contained in the soil profiles also indicate seasonally high water tables that further supports the likelihood of jurisdictional wetlands adjacent to the proposed site. 14 LAND & WATER 4.0 ENVIRONMENTAL IMPLICATIONS MDEQ has identified various automotive fluids such as crank case oil, transmission fluids, anti -freeze, and gasoline that need to be properly handled and disposed or recycled. These fluids contain a variety of constituents that are listed as chemical hazards by the National Institute for Occupational Safety and Health (NIOSH). A list of the chemicals contained in each of the identified fluids proposed for disposal and/or recycling at the new wrecking yard facility and their health affects are summarized in Table 1. Table 1 Contaminants of Concern Type of Fluid Chemical Target Organs Anti -freeze Ethylene Glycol Central Nervous System Crank case oil Lead Gastro-intestinal tract, Central Nervous System, kidneys, blood, Chromium Eyes, skin, respiratory system Gasoline Benzene Blood, CNS, bone marrow Toluene Eyes, skin, CNS, liver, kidneys Eth lbenzene Eyes, skin, respiratory system X lenes Eyes, skin, CNS, liver, kidneys MTBE Eyes, respiratory system, liver, kidneys Solvents DCE Eyes, respiratory system, liver, kidneys TCE Heart, liver, CNS, respiratory system PCE Eyes, respiratory system, liver, kidneys Vinyl Chloride Liver, CNS, blood, respiratoa system Potential contaminant pathways include inhalation, ingestion, and dermal contact. Most constituents are highly mobile in both the soil and groundwater because of their low water solubilities and minimal soil adsorption capacity. Once in the groundwater, some constituents will move through the aquifer at nearly the same velocity as the groundwater flow rate. Because the Shallow Alluvial Aquifer is highly transmissive, these constituents have the potential to impact all of the wells within the flow path as shown in Figure 3. '11,�:; 15 LAND & WATER Due to the porous nature of soils in the project area, contaminated leachates that migrate outside of the controlled use area would rapidly infiltrate surface soils and penetrate the Shallow Alluvial Aquifer. Since Spring Creek is in hydraulic communication with the shallow groundwater, any contaminant that infiltrates the soil and water table would likely reach Spring Creek. Should human health standards and bio-concentration factors for any contaminant of concern listed in Table I exceed numeric water quality standards outlined in Circular WQB-7 Montana Numeric Water Quality Standards, the potential for adverse impacts to human health and the natural environment would be high. Water quality, aquatic invertebrate production, and wetland resources would likely be impacted in the event of groundwater contamination. 5.0 SUMMARY AND CONCLUSION The license application for a motor vehicle wrecking facility to be located on Helena Flats Road at the headwaters of Spring Creek should be unequivocally denied based on the sensitivity of the site to potential environmental degradation. The proposed site harbors a diversity of natural resources including the headwaters of Spring Creek and associated floodplains and riparian areas, wetland resources, and soil and groundwater characteristics that make the Shallow Alluvial Aquifer within and down -gradient of the proposed site highly susceptible to contamination. Proposed facilities of this type and size have the potential to impact human health and natural resources due to the difficulty in handling and controlling disposed fluids and contaminants of concern. Consequently, risk to surface water quality, groundwater quality, and sensitive related resources is considered high. In addition to the deficiencies and inconsistencies in the application submitted to MDEQ, the application and public and environmental review -to -date has failed to consider numerous potential effects to other resources including threatened and endangered species, loss of prime farmland, wetland, soil and aquatic resources, and risk to human health and safety. These resource issues, in addition to many others, would require further analysis under the Montana Environmental Policy Act. In 1989, the county commissioners recognized the existence of a problem in the Evergreen area and had the foresight to find a solution. That resolution was to ext nd a ALai. 16 LAND & WATER sewer distribution system throughout Evergreen in order to ensure human health and safety and protect and improve the surface water and groundwater resources in this area. Ten years later, you have the opportunity to make a similar judgment. It is obvious that re -locating Tri-City Auto Wrecking facilities to the proposed location on Helena Flats Road simply transfers the contamination to a clean site. There is simply too much at risk from both a human health and environmental risk standpoint. We are not stating that the facility does not need to be re -located from its current site but it should be re -located to a geologically suitable site and not based on convenience. For the reasons previously stated and presented in this report, this application for a motor vehicle wrecking facility on Helena Flats Road should be unequivocally denied. A 17 LAND & WATER L0- FLRTHERD CONSERVRTION DISTRICT 30 Lower Valley Road Kalispell. MT 59901 `L Phore (4061752-4220 Fax N061752-4077 email <ftd@dlglsys.rLet> V151t ourcuetrs/te: cuurtu.ftalheadco'.ora November 15, 1 9 ti I �L' Dale Williams, Chairman Flathead County Commissioners Office 800 South Main Kalispell. MT 59901 RE: SWRRTZENBERGER SRLVRGE YRRO Dear Commissioner Williams: R few years ago, the Flathead Conservation District successfully undertook a major rehabilitation of East Spring Creek, covering the majority of the stream. Cost for this renovation was approximately $300,000. including in -kind services. Of that amounf, there were two federal grants, two state grants and substantial funding from local taxpayers through our agency. Rctual stream rehabilitation took two years and the planning, implementation and subsequent monitoring have covered 20 years. In October of 1998, the Montana Department of Environmental Quality (DEQ) removed East Spring Creek from their 808(d) Impaired Streams List which also falls under the jurisdiction of the Environmental Protection Rgency. The removal of East Spring Creek was the first time that DEQ had removed a stream from the impaired list. This was accomplished only because of our rehabilitation of the stream. The rehabilitation of this stream is used as a model for others to copy in the proper and appropriate renovation of streams in Montana. It has been written about in EPR journals, when only two such projects were listed per state. This project is highly admired and emulated throughout Montana and the Mountain West. The soils in the proposed salvage yard area are extremely porous. Rny material which reached the ground from a salvage yard could be transported either above ground to East Spring Creek or to the underground aquifer, jeopardizing water quality in the stream. In summary, our concern in this matter is that water quality be protected and ask that your office respect the rehabilitation of the stream which we have undertaken. If you would like further information on this project, please contact Cathy Jones, Resource Conservationist, at our office. 752-4220. Sincerely, Ronald Buentemeier Chairman of the Board Cc: Helen Gray, Kalispell _"'.0 � ) --' __1' J_ I ". USDA AiN_ ited States November 5, 1999 :)artment of -iculture , ,Ural ;ources Loren Vranish r-vafon Box 5448 vice Kalispell, MT 59901 15 Highway 93 South soula, MT Re: Spring Creek Soil Investigations 01-9725 Dear Mr. Vranish, Mary McDonald asked me to provide on -site soil investigations near the headwaters of Spring Creek in the northeast 1/4 of section 15, T29N, R21W. This letter is to give you the results of my observations. The soils in this part of the Flathead Valley formed in stream terrace deposits and are quite variable in texture and wetness. Some soils have deep, silty textures, some are stratified, and others have sand and gravel at shallow depths. My soil profile observations were made on your property in the northeast part of section 15, along the south side of the quonset building and the west side of the large barn. Refer to the enclosed map for the locations of the following soil profiles. The circled numbers on the map correspond with the numbered soil profile descriptions: 1. Approximately 150 feet south of the east end of the quonset building and 100 feet north of the wetland. 0 to 4 inches- dark grayish brown fine sandy loam 4 to 21 inches- brown loamy fine sand 21 to 26 inches- grayish brown very gravelly loamy sand 2. Approximately 75 feet west of the property corner stake west of the quonset building. The soils to the north and west are undulation 0 to 4 percent slopes. This profile is on a small knoll. 0 to 7 inches- very dark grayish brown fine sandy loam 7 to 1 1 inches- brown loamy fine sand 11 to 20 inches- dark grayish brown very gravelly loamy sand I was not able to dig deeper into the gravels with hand tools; however, the very gravelly loamy sand substratum is exposed in the north -bank of the wetland to the south, and in pits and other disturbances in the area. This rapidly permeable (6 to 20 inches per hour) gravelly layer appears to be several feet thick and continuous along the bank of the wetland. I estimate this porous substratum extends to the north of the wetland approximately 600 feet. The depth to it will vary, being shallower on knolls and deeper in swales. There is a small dugout located at the circled number 5 on the map. This dugout is about 3 feet deep into the sand and gravel material. I dug a small hole in the bottom east end of the dugout and water seeped into the hole, indicating groundwater or a spring. 3. Approximately 50 feet west of the property line, along a small drainageway. 0 to 7 inches- very dark grayish brown loam 7 to 14 inches- grayish brown silty clay loam 14 to 30 inches- light brownish gray silt loam with 20% small yellowish brown redox concentrations 30 to 41 inches- light brownish gray stratified silt loam and loamy fine sand with 20% yellowish brown redox concentrations 41 to 60 inches- dark grayish brown fine sand with lenses of loamy fine sand below 54 inches, 20% yellowish brown redox concentrations, saturated below 54 inches The Natural Resources Conservation Service works hand -in -hand with the American people to conserve natural resources on private lands. AN EQUAL OPPORTUNITY EMPLOYER The yellowish brown redox concentrations are iron oxide rust spots and indicate a seasonal high water table within 14 inches of the surface. This would be expected in the lower drainageways in this area. 4. Approximately 50 feet west of the property line on the mid -slope of a slightly undulating area. 0 to 7 inches- very dark grayish brown silty clay loam 7 to 12 inches- dark grayish brown silty clay loam 12 to 28 inches- grayish brown silt loam 28 to 43 inches- brown silt loam 43 to 50 inches- dark grayish brown fine sand with 20% yellowish brown redox concentrations 50 to 60 inches- light brownish gray very fine sandy loam with 20% light yellowish brown redox concentrations The redox concentrations indicate a seasonal water table at about 43 inches in this area. I have included copies of the soil map, descriptions, and reports from the Upper Flathead Valley Area Soil Survey for this area. Most of the area I investigated is in delineations of Bb- Banks very fine sandy loam and Kze- Kiwanis loam on the soil survey map. Soil profile numbers 1 and 2 generally fit the Kiwanis soil except they are shallower to sand and gravel than typical. Profile number 4 fits the Swims soil mapped in unit So- Swims silt loam. Profile number 3 is a common included soil in both the Kiwanis and Swims units. I will send copies of this report to Mary McDonald to place in your conservation plan file. If you have any questions regarding this soil information please call me at 406 251-4826, extension 115. Neal Svendsen Resource Soil Scientist Enclosures cc: Mary McDonald, Soil Conservation Technician, NRCS, Kalispell of .-he,Uruversity LmontAna'*":,.,....�,.,-,.,,,. ;.--.-: -,,. $1999 -= ' OFZ?: ber 18, 1999 -d Gipe, Dale Williams, Bob Watne ad County Commissioners Main ,ell, MT 59901 3issioners and Mr. Meyer: Environmental Studies Progra Rankin all The University of Montana Missoula, Montana 59812-1084 (406) 243-6273 E-mail: evst@selway.umt.edu http://wv,rw.umt.edu/evst Bruce Meyer Mt DEQ PO Box 200901 Helena, Mt 59620 contacted by the Helena Flats Land Use Coalition who are concerned about a )sal to locate a wrecking yard in the headwaters of the Spring Creek -shed. The Coalition feels that DEQ has not performed an adequate analysis of apacts and alternatives for this project (as required under EPA), and that ns have not been given sufficient time to understand the project and its itial impacts. .cur with their concerns. Such an operation could have serious impacts on zstream surface & groundwater, wells, fish & wildlife habitat, local property es, etc. It certainly seems that an EIS or at least an Environmental Assessment is d for. If an EIS is not done, the assessment should be more than just a short k list. In other words, a serious study of the area is needed so that alternatives be identified and evaluated and potential impacts avoided or mitigated. ge the Commissioners to urge DEQ to: study the site's soils & hydrologic connection to surface and groundwater, assess risks to water and biological resources; prepare a detailed pollution prevention plan for the project, and put all these in an appropriate MEPA document. public should be given adequate time to understand the document & comment it (1 month for an EA, 2-3 months for an EIS). Local watershed groups should be ited to participate in planning such projects in the watershed. shing the planning and assessment of such a project will cause suspicion and ill [ in the community and is a formula for degraded watersheds. It will likely rease cost and delay in the tong run. cerely,^- ki Watson, Professor of Environmental Studies rtunity University Flathead Lake Biological Station The University of .ram Montana 1 n w< SYIiv'If�..�fl.i' November 21, 1999 Commissioners Howard Gipe, Dale Williams and Bob Watne Flathead County Commissioners 800 S. Main Kalispell, MT 59901 Dear Commissioners: 311 Bio Station Lane Poison, Montana, U.S.A. 59860-9659 Phone (406) 982-3301 Fax (406) 982-3201 http://www.umt.edu/biology/flbs We were asked by the Helena Flats Land Use Coalition to summarize our research concerning the ecology and water quality of the alluvial aquifer in the Kalispell Valley. They requested that our summary be sent to you. Apparently, these citizens are concerned that a proposed auto salvage and wrecking yard to be sited near the headwaters of Spring Creek might pollute the creek and/or the aquifer. Biological Station researchers have been conducting scientific research on the shallow groundwater aquifer of the Kalispell Valley, including the Helena Flats area, since the early 1970's. We have used a grid of monitoring wells to sample the aquifer and document groundwater movement. Articles on this research have appeared in the international scientific journals Nature and Science, among others. The alluvial deposits of the Kalispell Valley are extremely porous and groundwater flow rates are among the highest on record. The aquifer is fed by the Flathead River immediately downstream of Columbia Falls and also, very likely, by runoff from the Whitefish Range. The ground water moves through the aquifer from north to south, feeding Spring Creek and discharging back into the Flathead River in the Evergreen area. Our studies show that the aquifer contains many insects and other biota that are very pollution sensitive. Indeed, groundwater biota were not present in monitoring wells in the Evergreen area, owing to extensive ground water pollution associated with unsewered urbanization. Moreover, we showed that the pollution was carried by the groundwater flow into the Flathead River and, hence, into'Flathead Lake. These studies led to the sewering of Evergreen. Spring Creek erupts well upstream from Evergreen in a relatively pristine portion of thQ aquifer. Because the aquifer is so pollution sensitive and because we have already demonstrated groundwater quality problems (from urbanization and commercialization, not farming), you should not permit land uses that could release pollutants anywhere in the aquifer zone (i.e., from (I IQ),/ - C - - C(—F Z; Equal Opportunity University o� T xELq�, The Unhemcy of Havana Flathead County Commissioners November 22, 1999 Page 2 Evergreen to Columbia Falls and from the Whitefish and Flathead Rivers). Gravel mining or other physical activities that disrupt the ground water flow path and any commercial activity that uses or stockpiles toxic or organic chemicals (e.g., as crank case oil, motor oil, PCBs, solutions containing heavy metals) should not occur in this aquifer system. Spills or other releases of pollutants, without question, will penetrate the aquifer and pollute Spring Creek, the Flathead River and Flathead Lake. Moreover, the aquifer is very responsive to flooding in the Flathead River. When the river stage is very high, the aquifer floods to the surface and low spots throughout the area often are inundated. When the river stage recedes, water on the surface penetrates back into the aquifer carrying surficial pollutants with it. The bottom line is that the Kalispell Valley Alluvial Aquifer is a very sensitive resource that requires careful stewardship. Farming done with best management practices has produced no demonstrable effects on the aquifer. However, continued urbanization and commercialization likely will lead to the same contamination problems that occurred in Evergreen. If protection of water quality in Spring Creek, the Flathead and Whitefish Rivers and Flathead Lake is a priority, then this aquifer has to be protected from activities that have a high pollution hazard, as well as creeping urbanization outside of the Evergreen Sewer District. Such a policy would be entirely consistent with nonpoint pollution reduction objectives of the Flathead Lake Total Maximum Daily Load (TMDL) program mediated by the Flathead Basin Commission. We would be pleased to brief you or others in person about our water quality work. A copy of this letter was sent electronically to The Helena Flats Land Use Coalition. Sincerely. Jack A. Stanford Bierman Professor and Director Flathead Lake Biological Station F. Richard Hauer 91 Research Professor Flathead Lake Biological Station Citizens for a Better Flathead P.O. Box 771 ® Kalispell, MT ® 59903-0771 (406) 756-8993 ® FAX (406) 756-8991 ® e-mail: citizens@digisys.net May 28, 2002 Charlie Harball, City Attorney City of Kalispell City Hall Kalispell, MT 59901 RE: Master Plan Amendment Application KMPA-02-2 Wolford Development Montana L.L.C. Dear Mr. Harball: Since the Glacier Mall was first proposed, Citizens For A Better Flathead (CFBF) has championed the public's constitutional right to reasonable participation in governmental decision -making. CFBF is concerned that without sufficient information made available in advance of a public hearing, the public is denied the opportunity to participate meaningfully. I am directing our concerns to you, as the attorney for the City of Kalispell and Planning Board, and hope that you will forward our concerns in the appropriate manner. While I applaud the City Council's decision as reported in the Daily Interlake to hold a public hearing on the mall issue, I am concerned that without sufficient information upon which to make an informed decision, the public's participation will not be meaningful. The public relies on the expertise of the city staff and city officials to investigate and make recommendations on behalf of public. It is reasonable to assume that when the city's own staff suggests that more information is needed in order to determine whether the application complies with the legal criteria that any decisi,Qn to approve this plan is premature without such information. We note that the developer intends to supplement the record with reports on hydrology and traffic studies and perhaps other pertinent information, such as the economic impacts of large-scale commercial development. (See Amended and Annotated Staff Report, pp. 19, 20-21, 14-15; Letter of Roger Noble dated May 14, 2002). This critical information should properly have been made available both to the public and the Planning Board prior to the Planning Board hearing. CGS Letter to City Attorney Charlie Harball Glacier Mall Proposal KMPA 02-2 Page 2 of 2 Moreover, not only is essential information missing from the record, but members of the public were not given the opportunity to participate in the public hearing. Over forty (40) people left the hearing on May 14, 2002 without being able to express their opinion and as many were unable to hear or respond to the reports of staff or the developer. Enclosed please find signed statements of some members of the public who were discouraged from participating in the proceeding on May 14, 2002. This points to a specific problem with this application and, more generally, to the need for the Planning Board and City Council to develop rules in accordance with the Montana Public Participation Act, MCA §2-3-102 et seq. We look forward to working with Kalispell to develop regulations that treat proponents and opponents equally and provide clear standards and guidelines for the public process. Thank you for your consideration, Sincerely, Cl ZENS FO A B TER FLAT AD Diane onradi, Executive Director Enclosures CITIZENS FOR A BETTER FLATHEAD PO Box 771 KALISPELL, MT 59903 406 756-8993 FAx 756-8991 June 26, 2002 Charlie Harball, City Attorney City of Kalispell City Hall Kalispell, MT 59901 HAND DELIVERED RE: Master Plan Amendment Application KMPA-02-2 Wolford Development Montana L.L.C. Dear Mr. Harball: Citizens for a Better Flathead wishes to re -iterate its serious concerns with the developer's team of experts making general and unsubstantiated statements regarding storm water, waste water and floodplain issues at the June 24 public hearing. Despite two well -attended public hearings and promises from the developer, there is still no analysis, design standards, or written report for the concerned public to review and comment on. Our concern, as stated in our June 12 letter, is that the very information necessary to evaluate the impacts of the proposal is either missing completely, or will be provided by the developer to the City after the Amendment's approval. This information should properly have been available to the Planning Board, the City Council and the public prior to the public hearings before the Planning Board and City Council. Without it, the public is frustrated in its efforts to meaningfully participate in the process and the Council is unable for make a fully informed decision. Section 2-3-103 (1), MCA, requires agencies to "develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public. The procedures shall assure adequate notice and assist public participation before a final agency action is taken that is of significant interest to the public." Moreover, § 2-3-111, MCA requires that public participation must include opportunities for interested persons to "submit data, views or arguments ... prior to making a final decision that is of significant interest to the public." Article II, Section 8 of the Montana Constitution gives members of the public a right to participate in government affairs prior to a final decision. This constitutional requirement has been codified at §§ 2-3-101, et seq, MCA. These provisions expressly apply to "local governments" such as the City. § 2-3-1-2 (1), MCA. Letter to Mr. Charlie Harball Page 2 of 2 Because the record is still evolving, it is clearly premature for the City to reach any final decision at this juncture. If the developer has not submitted sufficient information for the City to adequately review this proposal, which appears to be the case, the best course of action would be to defer any decision until there is a complete record before the City — and the public. Only in this manner can interested citizens exercise their right of public participation and the City Council make an informed decision on this massive proposal. Thank you for your consideration, Sincerely, !J CITIZENS FOR gETTER �F, THEAD . I iane Conradi, Executive Director Flathead 311 Bio Station Lane Station Poison. Montana, U:S.A. 59860-9659 Phone (406) 982-3301 Fax (406) 982-3201 http://www.umt.edu/bioIogy/fibs June 26, 2002 The Honorable Pamela B, Kennedy Mayor of Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, Montana 59903 Dear Council: Via facsimile (406) 758-7758 I could not attend the public hearing on the proposed Glacier !loll Master Plan Amendment on Monday, June 24. Apparently, in my absence, the long record of water quality research by Flathead Lake Biological Station (FLBS) and my newspaper statements concerning this research were rather loosely interpreted. Please allow me herein to clarify matters. Our research clearly shows that the shallow alluvial aquifer of the Flathead River circulates water back to the river in the Evergreen area and, hence, to Flathead Lake. Natural processes cleanse the water as it is carried through the aquifer. But, the ability of the river -aquifer system to do this is limited and can be destroyed by gravel mining or pollution. We have twice demonstrated that the cleansing function has been compromised in the Evergreen area by point (septic systems) and nonpoint (diffuse runoff, especially from roads and paved parking lots) pollution. This was partially mitigated at considerable cost to Evergreen residents by connection to the Kalispell Sewage Treatment Plant (STP). However, the portion of the aquifer within the urban area of Evergreen has not yet recovered, due to continuing increases in nonpoint inputs associated with new development and latent effects of the many household septic systems that were present prior to STP connection. This aquifer has to be protected if the high water quality in Flathead Lake is to be maintained. Water quality problems associated with urban development, like the proposed mall and the collateral urbanization that will come with it, in this sensitive area cannot be held anywhere near zero by any treatment systems that might (or might not) be installed. We have clearly demonstrated water quality in Flathead Lake has deteriorated by one thir since 1977 due to incremental increases in pollution within the Kalispell Valley and the airshed of the lake. The mail and its collateral development represent another and potentially huge increment. Flathead Lake is our most treasured asset. The mall and its collateral development should not be juxtaposed with the river -aquifer system, especially since it can be built in more benign (from a water quality perspective) areas of the valley. I again offer to present our research in more detail upon your request. Sincerely, wiac �k A. Stanford Jessie M. Bierman Professor and Director cc: Ms: Diane Conradi, Executive Director. Citizons For A Better Flathead Mr. Sid Rundell, President, Flathead Lakers Mr. Greg Butts, Water Quality Specialist, Montana Department of Environmental Quality Mr. Frank Miele, Managing Editor, Daily Inter Lake Ms. Erika Binger, Outreach Coordinator, FLBS AnbQual Oppomm,ty Univernry Memo From: Citizens For A Better Flathead 6/27/02 Economic issues/ Glacier Mall, Master Plan Amendment Below is a brief summary of additional documentation that is being submitted for the hearing record. Kalispell Chamber survey results to clarify that survey was not responded to by all 750 members and thus in no way represented a "ratio of two -to -one support" support by all of the chamber members as implied in the letter they submitted for the record. In need only 108 responses were received. Of which 30 opposed and 8 took no position The wording of the survey should also be reviewed for the record. An article from the Mississippi Business Journal that discusses negative impact on surrounding communities after the opening of the Turtle Creek Mall in Hattieburg, Mississippi. Your consideration of this proposal that requires joint city/county approval should carefully evaluate the regional impacts of this proposal that this master plan change could bring by increasing commercially zoned lands. Documentation of the leadership role that the state of Maryland took in supporting three different city's litigation against a Walmart superstore. In one case the Maryland Supreme court ruled that the planning commission should pay particular attention to the developments impact of traffic and the local economy. The planting board then developed findings (see attached) and denied the development. • Sample ordinances that have been passed around the country to cap the size of retail development to preserve the community character and the tax base of these towns. • A fact sheet from the Urban Land Institute and the National Main Street Center documenting the trends away from regional malls and the economic impacts associated with these mega stores. • Excerpts and a bibliography of studies documenting the savings from compact commercial development and careful retail expansion form the American P1anling Association publication; Planning for Smart Growth: 2002 State of the States. • An article on Managing Growth of Retail Commercial Space, March 1998, American Planning Association. • A Kalispell City General Obligations Bond report 2002, that among other economic data that Cavanaugh/Kalispell Center Mall is currently the fourth largest tax payer in the city and that the property valuation trends in the city have been up and down since 1997. Per conversation with Amy Robinson of the City, the Kalispell mall paid $349,669.00 in taxes most recently. • Two articles from the Daily Interlake indicating concerns regarding fire services. 06/27/02 THE 12:12 FAX Q001 '4afi.%fX'VJ1 May 14, 2002 Area Chamber of Commerce Kalispell City Planning Board and Zoning Commission C/o Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Wolford Development Proposal Dear Commissioners: The Kalispell Chamber of Commerce appreciates the opportunity to offer its comments on Wolford Development's proposed master plan amendment and annexation request. Our organization consists of 750 businesses and organizations located in the greater. Kalispell area. Our mission requires us to be a strong advocate for sustainable business, and while not everyone will agree on every project or issue, the process the Board of Directors takes is designed to be as fair as possible with input from all sides. Although it is not our policy to comment on every proposed real estate project, the scope of this development and its impact on the future of our community demand that we articulate the collective views of our membership to the best of our abilities. SUPPORT: The Chamber Board of Directors supports this proposed master plan change. In fact, the support crosses all industry categories, including retail, and comes without regard to location inside the City or outside the City. Support exceeds opposition by a by a ratio of two -to -one. REASONS FOR SUPPORT: These are some of the reasons for our recommendation to support the amendment: • Change is inevitable. The population of Flathead County has grown nearly 30% in the past decade. It has now grown to the point where it is attracting a wide range of regional and national retailers and the developers who work with them. • This project is contiguous to existing commercial development along Hwy 2. • The Master Plan calls for Kalispell to be the retail and regional trade center for Northwest Montana. This proposed development helps secure that position. • The Community Tourism Assessment Program indicates that shopping is one of the primary activities sought by non-resident visitors. This project will provide additional shopping opportunities for them and residents alike. IS Depoc Park • Kalispell. MT 59901 1 (406) 7SB-2800 - Fax (406) 758-2805 - Email: chamber@digisys_ner. • www.kalispelichamber.com 06/27/02 THU 12:13 FAX ram CONSIDERATIONS: The complex issues addressed in this proposal will no doubt be subject to discussion and further review as individual portions of this project are brought forward and because of their importance to the citizens of Kalispell. We recommend that a prudent, business -like. approach be taken in evaluating individual projects: ® What are the costs of providing and maintaining municipal service such as water, sewer, waste disposal, storm drains, emergency services, and schools versus projected net tax payment? ® Fully address the water duality issues that have been raised. ® What is the potential for short-term and long-term tax base erosion in various taxing jurisdictions? • Is there any way to provide a preference for local contractors in this project? HYIPACTS: The scope of this proposal is staggering. The dimensions of the site are approximately one mile by one-half mile. An approval of this master plan amendment will change traffic, shopping, and development patterns immediately and permanently. Therefore, if approved, local governing bodies must necessarily change their land use plans for this area too. ® Nearby areas need to continue development according to urban design standards. • This should not be an urban island in the middle of rural development. There has been much speculation about the impact this project may or may not have on downtown Kalispell, owner/operator businesses, and on the culture of our community. Ultimately, we cannot estimate with certainty what the impacts will be and doubt that there is anyone who can. However, we stand ready with our time, resources, and expertise to assist any business, business association, business improvement district, trade association, or any other business group that may feel it will be adversely affected by the approval of this master plan amendment. Sincerely, J eph . Unterreiner, President alispell Area Chamber of Commerce CC: Mayor and Council, City of Kalispell Board of Commissioners, Flathead County MEMBERSHIP • WOLFORD DEVELOPMENT PROPOSAL SURVEY TAKEN MAY 6 — 00 Question: Your business/organization advises the Board of the Kalispell Chamber to take the following position on this (Wolford Master Plan amendment) request: Number % TOTAL REPSONSES Support 70 64.8 Oppose 30 27.8 Take No Position 8 7.4 Total 108 SERVICES BUSINESSES Support 24 64.9 Oppose 11 29.7 Take No Position ? 5.4 Total 37 RETAIL BUSINESSES Support 16 72.7 Oppose 5 22.7 Take No Position 1 4.6 Total 22 FINANCIAL BUSINESSES Support 12 66.7 Oppose 4 22.2 Take No Position 2 11.1 Total 18 OTHER BUSINESSES: Support 18 58.1 Oppose 11 35.4 Take No Position _2 6.5 Total 31 CITY BASED: Support 39 61.9 Oppose 18 28.6 Take No Position 6 9.5 Total 63 COUNTY BASED Support 31 68.9 Oppose 13 28.9 Take No Position 1 2.2 Total 45 Copyright 2001 Bell & Howell Information and Learning Business Dateline Copyright 2001 Mississippi Business Journal The Mississippi Business Journal April 23, 2001 SECTION: Vol. 23, No. 17; Pg. 1; ISSN: 01950002 B&H-ACC-NO: 72189468 DOC-REF-NO: MISS-2216-2 LENGTH: 1217 words HEADLINE: Regional shopping hubs vs. small town Mississippi BODY: When the Lamar County Economic Development District (LCEDD) undertook a statewide retail analvsis to su-vev trends in apparel and general merchandise sales, the idea Was to ., -ei.tp �_V opo`rtunit_ies _.,_ the court y' But the '-formation derived from the report has _ran-1 1cations statew=de. _n a nutshe- , the report lnQj.c_,t-es tnat _n the past 20 vears '-e shop"_"n habits of Mississippians have changed drastically. There have been big 4 winners - and losers - as a result. The winners are counties that have become regional shopping hubs such as Lamar, Madison, Harrison, Rankin and Desoto. The big --losers are the Hinds, Forrest, Washington, Coahoma and Jasper counties. Hinds County fared the worst with a loss of 137,485 in population capture" for the category measured, apparel and general merchandise sales. Those shoppers were likely lost to Madison County, which gained 80,600 in population capture, and Rankin County, which gained about 37,000 in population capture. In Hattiesburg, Lamar County's population capture gain of 158,500 came partly at the expense of Forrest County, which lost 63,300. Smaller counties surrounding Lamar County suffered perhaps even more proportionally as residents started spending more of their shopping dollars away from home at Turtle Creek Mall and other popular retail outlets in the Lamar County portion of Hattiesburg on Highway 98 West. Shift from rural to urban "The figures seem to present a dramatic shift from rural to urban," said Mark Goodman, commercial development director for the LCEDD. "This is something we all kind of know is happening, but haven't necessarily quantified before in terms of sales capture and pull factors." Goodman said the district undertook the study in order to identify areas of opportunity in retail. By looking at what other similar sized areas in the state offer, Lamar County can see how it compares and identify opportunities for retail recruitment. Twenty years ago Lamar was a Very rural county. The population was stagnant. Then Methodist Hospital moved out to Highway 98, subdivisions like Lake Serene and later Canebrake caused rapid residential growth, and retail outlets including the Turtle Creek Mall followed the population growth. By 2000, as a result, Lamar County had the highest change in percentage of increased sales in the apparel general merchandise category in the state. In the category studied, the Hattiesburg portion Lamar County portion of the 1 of3 6`_7.:02 1�:=2_%_ , Report from Buckyland Hattiesburg Metropolitan Statistical Area (MSA) now has much higher sales than the Forrest County portion of the Hattiesburg MSA. Lamar County went from being 16th from the bottom of the state in the category to fourth from the top. other top gainers in the percentage of increased sales were Madison, Desoto, Rankin, Tate, Neshoba and Hancock counties. "What appears to be happening here in this time span is a changing retail environment across the state," Goodman said. "In 1980 you had a lot more retail pull at local levels supporting their own population in terms of apparel and general merchandise. In the past 20 years that is getting concentrated into key destination shopping areas across the state. Retailers are on top of this trend and are locating in places like the Bonita Lakes Mall in Meridian and Turtle Creek Mall in Hattiesburg. It is easier for someone to travel farther these days, and they are spending more on a trip away from home, even buying things they can buy at home. The smaller markets are feeling the pain of this trend in retail." Lost sales tax revenues When communities lose sales, they also lose sales tax rebate dollars. And with many of the state's smaller towns, sales tax rebates are the majority of their budget. Blake Wallace, president of the LCEDD, said on average the smaller counties are seeing up to 900 of their trade dollars leaking out. "The shoppers are being attracted by some other opportunity, probably one of these regional centers," Wallace said. "Everyone needs to understand the dynamic that is happening. These are consumerdriven decisions that are making it really tough in places like Stone and Perry counties. A similar trend is being seen across the country. It is even worse in some other areas of the country." What can be done? That's a difficult question to answer. Aggressive shop -at-home campaigns can be launched. Some work; some don't. Unfortunately, there can be a snowball effect, too. If stores in small towns aren't getting enough business and have to shut down, it feeds more growth to regional shopping centers. Wallace said another factor that hurts is that, more than likely, businesses in small communities don't have any volume buying abilities, so the price of products locally would be higher than at regional shopping centers. Apparel and general merchandise consists of the following specific categories: department stores, automatic merchandising, direct selling, general merchandise, men's and boys clothing, women's and girls clothing, children's and infants clothing, shoe stores and apparel accessories. Further study needed The study does not cover sales in the other retail groupings such as automotive, machinery and equipment, food and beverage, furniture, lumber and building materials. LCEDD chose apparel and general merchandise as that grouping best represents the bulk of growth in Lamar County. But Wallace and Goodman think it would be interesting to do a similar study for other retail groupings. Grocery sales can be particularly important. "If. a community starts losing grocery sales, that is really serious," Goodman said. "If the market is so weak that a grocery store finally closes down, then you're down to bare bones." The size of a community isn't the only consideration regarding the ability to keep shoppers at home. The distance between a town and a larger regional shopping center can make a difference. For example, Waynesboro has a larger center, Laurel, on one side of it, but no larger centers in three other directions. "So they pull in an exceptional amount of sales for a community of their size," Goodman said. "Their pull factor is actually increasing. It isn't simply being a small community that you don't succeed and experience leakage. Other factors include your location relative to one of the major regional shopping areas." Critical mass Wallace adds that another factor can be termed "critical mass". If a small town has enough variety of different things such as restaurants, banks, and stores, people won't feel as great a need to travel farther away regularly to shop. 2 of 3 6/27/02 12:32 AM Report from Buckyland Wallace and Goodman believe the state would benefit from mapping retail sales trends to identify clusters. That would help, for example, with transportation planning to avoid traffic congestion coming into the area. They add that the same information would be valuable for communities when applying for grant funds. A lack of sales tax rebates could be a greater incentive to provide a community with grant funds for support. The information could also be a wake up call to some of the larger areas losing shoppers such as Hinds County. "Hinds County had 137,000 fewer shoppers in apparel and general merchandise than it had 20 years ago," Wallace said. "That's a lot of dollars for Hinds County to be losing." 3 of 3 6/27/02 12:32 AM STATE OF MARYLAND INTERVENES IN LOCAL BIG BOX FIGHT As part of Governor Parris Glendening's smart growth agenda, the Maryland Department of Planning has decided to assist Kent County in its nine year battle to block a Wal-Mart store. Under a rarely employed 1974 law, the state has the authority to participate in local land use proceedings. Earlier this year, Gov. Glendening announced that his administration would revive the law to address development that has smart growth implications. The law allows the state to provide assistance to local governments and to file legal briefs that support, oppose, or recommend changes to particular projects. Final decision -making authority, however, remains in the hands of local officials and the courts. In June, after more than fourteen hours of testimony and deliberations, the Kent County Planning Commission voted 5-1 to reject Wal-Mart's proposal to build a 108,000 square foot superstore on the outskirts of Chestertown, a lively, 300-year-old town of 4,000 people. Wal-Mart challenged the decision in court. The state planning department will provide legal assistance and has filed a friend -of -the -court brief on behalf of Kent County. "It is so gratifying to know there is a partner there to back you up," said Chestertown Mayor Margo Bailey. "Having a big powerhouse like the state jump in gives us credibility." The grassroots Coalition for the Preservation of Chestertown had hoped the Planning Commission's decision would end a fight that has waged for nine years and is thought to be the longest big box battle in the nation. Wal-Mart's plans to build in this rural county of 19,000 people on Maryland's Eastern Shore were first revealed in 1992. Three years later, the Planning Commission approved the project, but the citizens group appealed. Finally, after years of litigation, Maryland's second highest court ordered the Planning Commission to reconsider the proposal and to pay particular attention to its impact on traffic and the local economy. This time the Commission voted against the project, concluding that, while Wal-Mart's traffic impacts could be mitigated, its economic impacts could not. The superstore's estimated annual sales of $52 million would be equivalent to 40 percent of the county's total retail sales, or $5,000 per household. The Commission concluded that the county could not absorb that much new retail without destroying dozens of existing businesses and undermining downtown Chestertown. The Wal-Mart case is one of three development projects in which the state has intervened. The state will also assist local officials and private developers in designing residential developments in Annapolis and Gaithersburg. In all three of cases the state is supporting the position of the local government. When Gov. Glendening announced the new strategy in May, however, he noted that on some occasions the state might oppose local officials, and even take them to court, to block projects inconsistent with Maryland's smart growth policies. -- Kent County Planning Commission's findings of fact on the proposed Wal-Mart: http://www.kentcounty.com/gov/planzone/Wal-Mart.htm -- News release from the Maryland Department of Planning: http://www.op.state.md.us/smartgrowth/news/prO82301.html Page I of 2 WAL-MART STORES, INC. REMAND FINDINGS OF FACT The Kent County Planning Commission conducted a hearing on June 14, 15 and 18, 2001, on the application of Wal- Mart Stores, Inc. for site plan approval. The hearing was pursuant to a remand of the Court of Special Appeals in an unreported opinion filed September 14, 1999. The two issues required to be considered at that hearing were the impact of the Wal-Mart Stores, Inc., proposal on traffic and the impact on existing commercial centers and businesses. The Planning Commission finds that the convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties would not be unduly impacted by the Wal-Mart Stores, Inc. proposal based, upon the following findings of fact: 1. The entry traffic at the closest major intersection (Routes 291 and 213), is currently at a level of service classified as level "C" by the Maryland Department of Transportation. 2. With construction of the proposed Wal-Mart Store the level of service at the Route 291/213 intersection would increase in density to a level "D". 3. A level of service "D" would have a detrimental impact on vehicular movement and is not acceptable to the Planning Commission. 4. Wal-Mart Stores, Inc. propose to construct improvements to the Routes 291/213 intersection which would allow that intersection to continue to operate at a level of service "C". A feasibility study concerning the proposed improvements to the intersection has not, however, been completed. 5. The majority of the Planning Commission does not find it to be necessary to have an additional traffic study performed on Washington and Maple Avenue between the Chester River and the Route 291/213 intersection. The Planning Commission made the following finds of fact regarding the impact of the proposed Wal-Mart on existing commercial centers and businesses: 1. Population growth in Kent County has been extremely slow and is projected to remain slow. 2. The average yearly income in Kent County was $20,542 in 1997. 3. The predictable growth rate for disposable income in Kent County is low. 4. The primary market area for the Wal-Mart proposal would be larger than that projected by the Maryland Department of Planning, but smaller than that projected in the report of Bonz REA, Inc. 5. A significant number of consumers would benefit from having a Wal-Mart Store in Kent County. 6. The constriction of the Wal-Mart Store as proposed would have a negative impact on some existing businesses and commercial centers, the extent of which is impossible to quantify. 7. The construction of a Wal-Mart Store may have a positive impact on some existing businesses and commercial centers, the extent of which is impossible to quantify. 8. The Planning Commission accepts as fact the testimony of Kennedy Smith to the effect that 7% of the gross income of small businesses represents 50% of their profit. 9. The Planning Commission finds that a number of existing small businesses would close as a result of the construction of the Wal-Mart as proposed. http://www.kentcounty.com/gov/planzoneiWal-Mai.htm 10/3/01 Page 2 of 2 10. Wal-Mart's proposed sales for the year 2005 would be $52 million, which is approximately $5,000 per Kent County household. Kent County had total retail sales of $132.3 million in 1997. With Kent County's slow rate of growth and low average wage, a smaller store would make more sense. 11. The Planning Commission does not accept the testimony of Wal-Mart's experts as to the amount of the "leakage" which would constitute a part of Wal-Mart's profit. The estimate of Wal-Mart's experts is significantly overly optimistic. 12. The economic data provided by Wal-Mart's experts overly estimates the potential sales available in the market area, and therefore substantially diminishes the likelihood of success of a store of one hundred and seven thousand square feet. It would make more sense for this market area to have a smaller store. 13. The economic data from the Maryland Department of Planning indicates that a Wal-Mart reduced in size from that which is proposed would increase its probability of success and lessen the negative economic impact on existing commercial centers and businesses within the market area. Based upon these findings of fact, the Kent County Planning Commission denied the application for final site plan approval for the 107,000 square foot store as proposed by Wal-Mart Stores, Inc. KENT COUNTY PLANNING COMMISSION Elizabeth H. Morris, Chairman, Date GMM/EHM/ec http://www.kentcounty.coin/gov/planzone/Wal-Mai.htm 10/3/01 II. NEW RULES COCONINO COUNTY, ARIZONA CAPS STORE SIZE In August 2001, the Coconino County Board of Supervisors unanimously passed an ordinance barring the construction of stores larger than 70,000 square feet and requiring those over 25,000 square feet to obtain a conditional use permit. The ordinance will apply to all land in the county that lies outside of municipal boundaries. Coconino County is Located in northern Arizona and includes the city of Flagstaff. Two grassroots organizations, Friends of Flagstaffs Future (F3) and the Flagstaff Activist Network (FAN), are largely responsible for initiating the public discussion that ultimately led to the ordinance. F3 and FAN launched a public education and organizing campaign last year after a developer announced plans to build a 200,000 square foot Wal-Mart store on the east side of town. Wal-Mart already has 100,000 square foot store on the west side of town. The Wal-Mart supercenter, they argued, would harm local businesses and the economic vitality of downtown Flagstaff, which came back to life only recently as a result of a concerted public and private revitalization effort. A new supercenter, moreover, would almost certainly lead to the closure of the existing Wal-Mart. Through a variety of outreach and educational efforts, including a public debate, F3 and FAN helped persuade local officials and the public that large chain stores may not be in the community's best interest. In August, the developer announced that Wal-Mart was no longer part of his redevelopment plan. Two weeks later, the County adopted the size cap. F3 and FAN hope that the City will likewise move to limit big box proliferation. One of the City Council's major concerns has been the possibility that big box retailers, if barred from the city, would build just beyond Flagstaffs borders. The County's ordinance prevents that possibility. F3 and FAN also hope to work with the Council and developer on drafting a redevelopment plan that would benefit the eastside without undermining other commercial centers. -- Flagstaffs Future: PO Box 23462, Flagstaff, AZ 86002; Email: friends(o)infomagic.com -- Examples of local size cap ordinances, including Coconino County's, can be found on the New Rules web site at ham://www.newrules.org/retail/size.html. New Rules Project - Retail - Retail Business Size Caps Page 1 of 3 .. = j New Res Dome I Rules 1ndex jSeii6 Resources Reports and Other Resources How big is 30,000 sq. feet? Or 100,000 sq. feet? The Home Town Advantage, recently published by ILSR, provides strategies for reviving independent businesses and Main Streets. Order Now -$14. The Home Town Advantage e-Bulletin The Home Town Advantage e-bulletin - is a bi-monthly electronic newsletter reporting on effnrtc nntinnwirie to ctnn Physical Size Caps on Retail Businesses Dozens of communities have enacted zoning ordinances that restrict the physical size of new retail stores. These laws can help sustain the vitality of small-scale, pedestrian -oriented shopping districts. Some communities bar only massive "big box" stores. Roswell, Georgia, for example, prohibits stores that exceed 100,000 square feet. Other communities have chosen a smaller threshold. In Wilton, Connecticut, the cap is 30,000 square feet. Like all zoning laws, size caps can apply to the entire town or just a to particular area or neighborhood. San Francisco, for example, bars new stores larger than 4,000 square feet from locating in the Northbeach and Castro neighborhoods. RULES: Boxborough, MA At their town hall meeting in March 2000, residents of Boxborough voted to limit the size of new retail development to 25,000 square feet. The measure required a two-thirds margin to pass. It was unanimously recommended by the Board of Selectmen. More... Brookside Neighborhood - Kansas City, MO In November 2000, the Kansas City Council voted to approve two new ordinances that will protect the Brookside neighborhood from large- scale, suburban -style chain store development. The first creates the Brookside Business District as a special zoning district, with its own rules and requirements. The second restricts retail uses in the area to 10,000 square feet, except for grocery stores, which may be as large as 25,000 square feet; prohibits drive -through restaurants and other rules. More... Coconino County, Arizona (Flagstaff) In August 2001, the Coconino County Board of Supervisors adopted the following ordinance, which prohibits retails stores larger than 70,000 square feet and requires a conditional use permit for those larger than 25.000 square feet. More... http://www.newrules.org/retail/size.html 10/3/01 New Rules Project - Retail - Retail Business Size Caps Page 2 of 3 chain store proliferation and support locally ® Easton, MD owned, independent retail Prompted by several applications for retail development in excess of businesses. 500,000 square feet, larger than anything anticipated by the town's existing Comprehensive Plan, the Easton Town Council enacted a It's Free!! temporary moratorium on new "big box" retail stores in September 1999. Click Here to Subscribe In March 2000, the Town Council adopted an ordinance which prohibits retail stores larger than 65,000 square feet and bars the Board of Zoning Columns & Articles Appeals from granting a variance to allow a larger store. More... Homegrown Economics: ® North Beach Neighborhood - San Franeiso, CA How Boulder Businesses In response to -San Francisco residents' and merchants' concerns, are Staying Ahead of the including increased traffic congestion, proliferation of food service uses, Chains - Autumn 2001 the loss of neighborhood -oriented businesses and changes in the local neighborhood character, the City and County of San Francisco created Belfast votes in self- Neighborhood Commercial Individual Area Districts (NCDs) in 1987. defense - July 8, 2001 These NCDs were established in many San Francisco neighborhoods, including North Beach. Part of the NCD rules relate to limiting large Red Wing Gets Boxed In retail outlets. More... - June 20, 2001 ® North Elba (Village of Lake Placid), NY Midway Home Depot Residents of North Elba, New York spent five years trying to stop Wal- dismantles concept of Mart from erecting an 80,000 square foot store within their town. The quality of life - June 5, town's planning board rejected the retailer's plans in January 1996. The 2001 planning board was sued by Wal-Mart, which claimed its decision was unsubstantiated, arbitrary and capricious. A New York appellate court When a Giant Retailer upheld the planning board decision. The ordeal prompted the community Moves on. It Leaves its to enact a size ordinance limiting single retail stores to 40,000 square Big Box' Behind - feet and capping shopping centers at 68,000 square feet. More... Januray 8, 2001 e Rockville, MD Buckine the Chain Store In August 2000, the city of Rockville enacted the following ordinance, Trend - March 17, 2000 which bans stores over 65,000 square feet and requires those over 25,000 square feet to comply with design and siting guidelines. More... Fighting the Chains - 2000 e Skaneateles, NY After three consecutive six-month building moratoria in response to a proposal to construct a 150,000 square feet shopping center, this small town of 7,500 people adopted a comprehensive town plan which included a zoning restriction limiting retail stores to no more than 45,000 square feet and shopping center sites to no more than 15 acres. More... ® Taos, NM In September 1999, the town of Taos enacted an ordinance restricting construction of large retail stores. The measure bans new stores that exceed 80,000 square feet and requires developers to obtain a special permit to build stores over 30,000 square feet. More... e Walpole, NH On March 14, 2000, the residents of Walpole voted 3 to 1 to enact a 40,000 square foot size limit on new retail stores and restaurants. The new law was adopted following attempts by Wal-Mart to build in the community in 1999. The retailer withdrew in response to strong opposition from residents. More... s Westford, MA Even though Westford, MA beat back a Wal-Mart in 1994, the Town Meeting soon after added future protection by prohibiting the building of large retail developments (over 60,000 sq. ft.) and making it harder to build 30,000 - 60,000 sq. ft. developments by requiring that they apply —. ---_:_1-----7- - 11 - -- _ C -- -" --.- -.-I ----- --I--- http://www.newiules.org/retail/size.html 10/3/01 New Rules Project - Retail - Retail Business Size Caps Page 3 of 3 ror special permits, anowing time ror citizen input ana review oy planning boards. More... ® Other Examples See some other examples of retail business size limitations. More... INTERNATIONAL Ireland In 1998, the Irish government enacted a temporary cap on the size of retail stores. The policy was made permanent in 2001. The law restricts stores in the Dublin area to 3,500 square meters (38,000 sq. ft.) and applies a 3,000 square meter (32,000 sq. ft.) limit to the rest of the country. The policy also requires that retail stores be located in town centers whenever possible. More... Norwav Many countries have taken steps to limit or bar large-scale retail stores and malls, particularly in areas outside of city centers. The intent of these laws is to protect existing local retail districts and to prevent urban sprawl and automobile dependency.A Norwegian law enacted in January 1999, placed a five year moratorium on the construction of retail centers larger than 3000 square meters (32,300 square feet). More... The New Rules Project http://www.newrulcs. orv/ http://www.newi-ules.org/retail/size.html 10/3/01 Hi, This is interesting information from the Urban Land Institute and the National Main Street Center: National Trends Show a Glut in Retail Space, People Coming Back to Downtowns. But Shoppers Need Evening/Weekend Hours. The United States currently is experiencing a glut of retail space: In 1960: 4 sq.ft. per capita of retail space By 1990: 19 sq.ft. per capita By 2000: 38 sq.ft. per capita The above figures beg the question: how many square feet of retail space truly is needed for every man, woman and child in America? Over -development weakens the business sector overall, and lowers rental/lease rates. ® Mall use is declining (there are 5,500 vacant or near -vacant malls in America): shopping trips to malls declined from 3.7 per month to 3.1 per month from 1990 to 2000 • Meanwhile, Downtown use is growing (from 3.4 to 4.4 trips per month) ® Generation Y and Empty Nesters prefer Downtowns ® Heritage and cultural travelers prefer Downtowns (historic buildings, historic walking tours, etc.); heritage/cultural tourism is the largest and fastest -growing segment of the tourism industry worldwide a In 2001, 56% of Main Street/Downtown districts increased sales; 61% had new businesses, 78% increased events, and 27% increased housing units - Downtown is making a comeback as the "heart" of the community ® More than 50% of all retail purchases in the U.S. are made after 5:00 pm and on weekends. Sunday is the 2nd busiest shopping day of the week (Saturday is the busiest) ® Percentage of profits retained in the community by types of businesses: - Large superstore discounters: $.06 on the dollar retained in the community - Chain stores: $.20 on the dollar retained - Independent, "mom & pop" businesses: $.60 on the dollar retained National Main Street Center 2001 Reinvestment Statistics: 1,668 communities now participate in the National Main Street Program Net amount reinvested in physical improvements in Main Street districts: $16A billion Average reinvestment per community: $9,659,000 Net number of new businesses created: 56,300 Net number of new jobs created: 226,900 Net number of building rehabilitation and construction projects: 88,700 Average amount of new investment in a Main Street district for every dollar spent for local program administration: $39.96 Average program length, to date: 7,36 years Average cost per job created in a Main Street district: $2,504 Average cost per business created in a Main Street district: $10,090 Sources: Urban Land Institute, National Main Street Center Best regards, Lorraine Lorraine H. Roach, CMSM nCiP i! 416 W. Main Street, Suite 2 PO Box 400 Gram4eville, Idaho 83530 Tel: 208.983.2175 Hi, This is interesting information from the Urban Land Institute and the National Main Street Center: National Trends Show a Glut in Retail Space, People Coming Back to Downtowns. But Shoppers Need Evening/Weekend Hours. The United States currently is experiencing a glut of retail space: In 1960: 4 sq.ft. per capita of retail space By 1990: 19 sq.ft. per capita By 2000: 38 sq.ft. per capita The above figures beg the question: how many square feet of retail space truly is needed for every man, woman and child in America? Over -development weakens the business sector overall, and lowers rental/lease rates. ® Mall use is declining (there are 5,500 vacant or near -vacant malls in America): shopping trips to malls declined from 3.7 per month to 3.1 per month from 1990 to 2000 ® Meanwhile, Downtown use is growing (from 3.4 to 4.4 trips per month) ® Generation Y and Empty Nesters prefer Downtowns ® Heritage and cultural travelers prefer Downtowns (historic buildings, historic walking tours, etc.); heritage/cultural tourism is the largest and fastest -growing segment of the tourism industry worldwide ® In 2001, 56% of Main Street/Downtown districts increased sales; 61% had new businesses, 78% increased events, and 27% increased housing units - Downtown is making a comeback as the "heart" of the community ® More than 50% of all retail purchases in the U.S. are made after 5:00 pm and on weekends. Sunday is the 2nd busiest shopping day of the week (Saturday is the busiest) ® Percentage of profits retained in the community by types of businesses: - Large superstore discounters: $.06 on the dollar retained in the community - Chain stores: $.20 on the dollar retained - Independent, "mom & pop" businesses: $.60 on the dollar retained National Main Street Center 2001 Reinvestment Statistics: 1,668 communities now participate in the National Main Street Program Net amount reinvested in physical improvements in Main Street districts: $16.1 billion Average reinvestment per community: $9,659,000 Net number of new businesses created: 56,300 Net number of new jobs created: 226,900 Net number of building rehabilitation and construction projects: 88,700 Average amount of new investment in a Main Street district for every dollar spent for local program administration: $39,96 Average program length, to date: 7,36 years Average cost per job created in a Main Street district: $2,504 Average cost per business created in a Main Street district: $10,090 Sources: Urban Land Institute, National Main Street Center Best regards, Lorraine Lorraine H. Roach, CMSM Princinnl 416 W. Main Street, Suite PO Box 400 Grangeville, Idaho 83530 Tel: 208.983.2175 son I id 04 04 04 304 NA 94 ad 34 JAN allowing construction of affordable housing in unsuitable locations through a "comprehensive permit," which effectively bypasses local planning and zoning requirements." Implementing the New Jersey In states where planning reform and smart State Plan between 2000 and 2020 growth measures are being adopted on a piece- will save as much as $2.3 billion in meal basis, such changes can be counter-produc- capital costs for local road, water tive or, at best, have limited effectiveness. Interest and sewer infrastructure; deficits in Virginia appears to be shifting towards a system for municipalities and school dis- that authorizes local jurisdictions to design their tricts will be reduced by as much as own smart growth measures instead of a growth $160 million a year. management program that requires state participa- tion. Similar efforts are underway in California where some groups are strongly advocating stronger plan- ning and growth management strategies for particular regions within the state. These and similar approaches may address growth issues for the time being, but without a com- prehensive program administered statewide, development could be managed and con- trolled in much smaller areas than if the entire state were part of one uniform smart grove-[h strategy. Planning's Economic Return Concerns are raised in some states that implementing planning reforms for smart growth are too costly —despite job growth, economic development, revitalization, improved quality of life and other benefits. Numerous studies show the opposite is true: Oregon's four largest urban areas can avoid more than $11.5 billion in road expansion costs as a result of the state's 1991 Transportation Planning Rule, which has been adopted for a 20-year period. Forty other cities in the state also are implementing the rule.' Keeping new growth and development during the next 50 years in the greater Salt Lake City metropolitan area from spreading out no more than 125 square miles will save epproximately $4.5 billion in transportation, water, sewer and utility investments. In addition, 171 square miles of land will be conserved by implementing growth manage- ment steps outlined in "Envision Utah,"i3the 2002 recipient of APAs prestigious Daniel Burnham Award for using the planning process to help improve an area's quality of life. ",lanaging growth for a 20-year period could save Virginia Beach, Va., $275 million in infrastructure costs, generate a $5 million annual surplus for the municipal general PLANNING FOR SMART GROWTH. 2002 STATE OF STATES 23 0 0 0 z fund instead of a $19 million annual loss, and reduce the area's vehicle miles traveled count by 65 percent or more than one million vehicle miles a day." Implementing the New Jersey State Plan between 2000 and 2020 will save as much as $2.3 billion in capital Used properly, updated planning costs for local road, water and sewer infrastructure while statutes and smart growth meas- fiscal deficits for municipalities and school districts ures can help states improve areas statewide will be reduced by as much as $160 million a in economic decline. year during the same period." 3 Developing a regional transit system for the Minneapo- lis -St. Paul metropolitan area and encouraging more compact development could save the area $538 million in local road costs, as well as eliminating 245,000 daily automobile trips." For other states, the problem is not controlling sprawl. protecting farmland or expanding public transit, but developing stronger economies. Topping the priority lists of several governors is stimulating, not managing, growth and development. Used properly, updated planning statutes and smart groAgh measures can help states improve areas in economic decline. One dramatic example: redevelopment of the nation's 450.000 to 600,000 brownfield sites. As of July 2000, a $2.9 million public investment in Massachusetts' brownfield restora- tion program had attracted $88 million in private -sector monies for cleanups and $1.8 billion in total investments. In addition, more than 175 Brownfield projects were pro- jected to create or retain more than 30,000 jobs in the state.', Other states capitalizing on this opportunity include New Jersey, Michigan, Maryland and Pennsylvania. -There is a compelling economic case for state spending on brownfields," points out the National Governors Association in a brownfields study released in 2000.18 "A dollar of state spending produces about 10 times to 100 times more dollars in economic benefits." The new mission for brownfields, the report goes on, "means leveling the playing field, malting brownfields projects competitive with greenfields projects that contribute to scattered suburban sprawl. By emphasizing urban redevelopment, brownfields projects help preserve farmland. rural communities, and open spaces."19 To help communities capitalize on the economic benefits resulting from effective planning, Delaware, Georgia, New Jersey, New York, Pennsylvania, Wisconsin and other states go a step further. They provide local jurisdictions with financial incentives and technical assistance to do comprehensive planning. Such support is especially critical to smaller or more rural communities, which often do not have the funds or expertise to develop general or master plans. The latest national figures show that 70 percent of metropolitan governments, but only 41 percent of adjacent governments and 39 percent PLANNING FOR SMART GROWTH: 24 2002 STATE OF STATES more common in states where reforms have been in place. Erro- neous information and unsubstantiated claims are used as part of misinformation campaigns to mislead voters and elected officials, and in legal challenges that allege regulatory takings of private property. Task Forces. Convening such a group to study planning reforms and smart growth measures and to make recommendations con- tinues to be the most common way for a governor or legislature to take up the issue. Task forces often indicate political support for reform and they can facilitate coalition building, although some states use the task force to avoid or delay taldng action. Ballot Initiatives. An increasingly popular tool to promote plan- ning reform and smart growth despite the complex nature of these issues, which do not easily lend themselves to this Increasingly, the fiscal implications of unmanaged growth are becoming an important catalyst to reform outdated planning and zoning laws. format. Use of ballot initiatives appears likely to increase, particularly in the West. Piecemeal versus Comprehensive Approaches. State after state has debated whether to approach planning reform and smart growth comprehensively or narrowly. While a comprehensive approach is likely to yield better results, "piecemeal" reform efforts often are more practical and politically realistic. Better Planning Saves Money As more states face deficit budgets, questions about the cost and efficiency of smart growth are more important than ever. Increasingly, the fiscal implications of unmanaged Tbble2-_ Governor Executive. • - 00 Arizona No. 2001-02, creating the Growing Smarter Oversight Council California D-46-01, directing state Department of General Services to reuse state buildings in downtowns, central cities f Delaware No. 14, directing state agencies, departments to implement steps. curbing sprawl Y Indiana No. 01-03, establishing the Indiana Land Use Forum` s Maryland No. 01.01.2001.01, creating the Commission on Environmental - Justice and Sustainable Communities Missouri No. 01-16, establishing the Missouri Commission on -Intergovernmental Cooperation No. 01-19, directing the Executive Branch to help achieve measurable.' T improvements in state's quality of life S. Carolina No. 2001-09, creating an affordable housing task force ;. No. 2001-11, establishing a swine facilities moratorium r Vermont No. 01-07, fostering conservation of land near interstate highway interchanges and discouraging strip -type development along these areas PLANNING FOR SMART GROWTH: I 1' 2002 STATE OF STATES I 16 0 V O z growth and change facing metropolitan areas, suburbs and neighboring towns are becom- ing an important catalyst to reform outdated planning and zoning laws. Planning reforms and smart growth provide long-term savings by eliminating ineffi- ciencies caused by inconsistent and uncoordinated planning. There is growing aware- ness, too, that poorly planned development is a hidden tax on citizens and communities alike. For example: Louisville and Jefferson County Metropolitan Sewer District in Kentucky "spent more than $500 million in the past 10 years addressing infrastructure deficiencies related to poor or misaligned planning and zoning policies. Between 1975 and 1995, Maine state government alone committed $727 million to new school construction and renovations although the number of elementary and second- ary public school students in the state declined 27.000 between 1970 and 1995.1 3 Much of the $16 billion in property damage resulting from the 1993 great flood along the Upper Mississippi River was fully predictable. The warning signs were not unheed- ed weather forecasts but "public policies that had encouraged intensive use of land along the region's rivers and streams."° 1 The pattern of spread -out development or "sprawl" caused households in Houston, Atlanta, Dallas -Fort Worth, Miami and Detroit to devote the highest portion of their budget to transportation, according to a national study in 2000. Out of every dollar spent by the average Houston -area household, 22 cents went for transportation or more than $8,800 annually or $2,528 more than the national average. Households in the Alabama Executive order creating the Alabama Commission on Environmental Initiatives; report Jan 2001 Colorado Governor's Commission on Saving Open Spaces, Farms and Ranches; 11 proposals Dec 2000 Florida Executive Order No. 2000-196, creating the Growth Management Study Commission; report Feb 2001 Illinois Executive Order No. 2000-8, creating Balanced Growth Cabinet; Legislature_ creates Illinois Growth Task Force; series of Task Force reports completed in 2000 New York Executive Order 102, creating Quality Communities Interagency Task Force; report Jan 2001 North Carolina General Assembly creates Commission to Address Smart Growth Management and Development Issues; report Nov 2001 Rhode Island Executive Order 00-2, creating Growth Planning Council; first annual report Aug 2001 General Assembly creates a commission to study how state government can encourage sustainability; report Jan 2002 1p PLAN NING FOR SMART GROWTH: O 2002 STATE OF STATES cYc l ruvuin. uIuwuI ui ure Duuur. DUA. erecung me 3nupe uj uummunmes in ivuvemuer zuuu. Druu&iugs msuLuuvu Center on Urban and Metropolitan Policy, February 2001, p. 3. 2 Garner, Gordon (Louisville, Ientucky Metropolitan Sewer District Executive Director). Quote in A Report of the Gov- ernor's Smart Growth Task Force. Kentucky Gov. Paul E. Patton, November 2001, p. 3. 3 The Cost of Sprawl. Maine State Planning Office, May 1997. 4 Faber, Scott. "On Borrowed Land: Public Policies for Floodplains." Lincoln Institute of Land Policy, 1996, p. 2. 5 Executive Summary. Driven to Spend. Surface Transportation Policy Project and the Center for Neighborhood Tech- nology. November 2000. Baltimore households used less than 15 cents out of every spending dollar on transporta- tion or $5,236 annually. 6 Heimlich. Ralph E. and William D. Anderson. Development at the Urban Fringe and Beyond, Impacts on Agriculture and Rural Land. U.S. Department of Agriculture. Economic Research Service Agricultural Economic Report No. 803, June 200L pp. 60-61. 7 "Smart Growth Bill Bows to Reality: Fight Sprawl or Watch it Get Worse." Buffalo News, May 3, 1998, p. H-2. 8 Transportation Research Board. The Costs of Sprawl —Revisited (1998). The studv, authored by Robert Burchell et. al.. contains references to approximately 500 studies on sprawl published between 1970 and 1998. 9 Gordon, Adam. Planningfor Sprawl? A Look at Projected Residential Growth in the Baltimore Region. Baltimore Regional Partnership, September 2001, p. 2. 10 "Time For A Change In Massachusetts Land Use Legislation." Zoning Reform Working Group, two -page briefing paper. December 2001. p. 1. 11 Id.. pp. 1-2. 12 In the Fast Lane: Delivering More Transportation Choices to Break Gridlock, National Governors Association Center for Best Practices. 2000, p. 30: See: www.nga.org/Center. �� 13 Utah Governor's Office of Planning and Budget analysis of Envision Utah Quality Growth Strategy report. January 2000. For more information about the growth strategy. see: WWW.envisionutah.org. 14 Siemen. Larsen & Purdy: Rogers. Golden & Halpern. Inc.: and Hammer, Sile, George Associates. Crossroads: Two Growth Alternarives for Virginia Beach (between 1990-2010). March 19, 1990. 15 Burchell. Ph.D.. Robert W., William R. Dolphin and Catherine C. Galley. The Costs and Benefits of Alternative Growth Patterns: The Impact Assessment of the New jersey State Plan. Center for Urban Policy Research, Edward J. Bloustein School of Planning and Public Policv. Rutgers, The State University of New Jersey. September 2000. p. 20. 16 In the Fast Lane: Delivering More Transportation Choices to Break Gridlock. National Governors Association Center for Best Practices, 2000. p. 8: See: www.nga.org/Center. 17 ,'ew Mission forBrowntiields: Artacking Sprawl By Revitalizing Older Communities. National Governors Association. Gov- ernors Strategies for Growth and Qualit of Life. 2000, p. 22. 18 Id. p. 7. 19 Id. 20 Kraybill. David and Linda Lobao. -Changes and Challenges in the New Millennium." Rural County Governance Cen- ter Research Report No. I. produced in cooperation with Ohio State University. Rural Policy Research Institute, Col- orado State University and the National Association of Counties. July 2001. 21 Euclidean Zoning is the phrase used to describe zoning that divides an entire municipality into various zoning dis- tricts. with the regulations in each district being uniform throughout all of the same districts. This type of zoning Was named after the 1926 U.S. Supreme Court landmark case of Euclid v Ambler, the first case to uphold the con- stitutionality of comprehensive zoning. 22 "Estimates of Future New Development." Description of a works in progress by Chris Nelson with the Georgia insti- tute of Technology. Brookings Institution Center on Urban and Metropolitan Policy. 2001, 23 See. Buchsbaum & Smith. State & Regional Comprehensive Planning: Implementing New Methods for Growth Man- agement. American Bar Association (1993): Bosselman and Callies, The Quiet Revolution in Land -use Control (1971). '_4 Cobb. Rodnev. "Toward Modern Statutes: A Survev of State Laws on Local Land -use Planning." Modernizing State Planning Statutes: The Growing Smart laorking'Papers. Vol. 2, American Planning Association, 1998. 25 George, Susan. State Biodiversity Strategies, A Status Report. State Biodiversity Clearinghouse, Defenders of Wildlife. January 2001. p. 9. 26 Knack. AICP Ruth. -Biodiversity Recovery Plan for the Chicago Region." Planning, March 2001, p. 6. 27 Faber, Scott, On Borrowed Land: Public Policies for Floodplains. Lincoln Institute of Land Policy, 1996, p. 25. 28 "Environmental Protection: Federal Incentives Could Help Promote Land Use That Protects Air and Water Quality," U.S. General Accounting Office. GAO-02-12, October 2001, PLANNING FOR SMART GROWTH: I 2" 2002 STATE OF STATES APA Planning Advisory Service (PAS) Reports The following reports address some of the more common planning -related issues associ- ated with managed growth and may be ordered through APRs Planners Book Service online at www.planning.org or by calling 312-786-6344: Adams, Bill with Bill Lennertz, Sumner Sharpe, Tom Armstrong, Doug Zenn, Ben Schon- berger, Ed Starkey and C. `Rick' Chellman, P.E. The Principles of Smart Development. PAS Report No. 479, September 1998. Arendt, Randall. Crossroads, Hamlet, Village, Town: Design Characteristics of Traditional Neigh- borhoods, Old and New. PAS Report Nos. 487-88, September 1999. Baggett, Sharon A., Nancy J. Chapman and Deborah A. Howe. Planningfor an Aging Society. PAS Report No. 451, April 1994. Bendavid-Val, Avrom. Local Economic Development Planning: From Goals to Projects. PAS Report No. 353, September 1980. Bishop, Kirk R. Designing Urban Corridors. PAS Report No. 418, September 1989. Burke, David G., Erik J. Meyers. Ralph W. Tiner, Jr., and Hazel Groman. ProtectingNontidal Wetlands. PAS Report Nos. 412/413, December 1988. Casella. Sam. Tax Increment Financing, PAS Report No. 389, December 1984. Cooper, Connie B. Transportation Impact Fees and Excise Taxes: A Survey of 16Jurisdictions. PAS C Report No. 493, July 2000. Coughlin. Robert E. State and Local Regulations for Red ucingAgrictiltural Erosion. PAS Report No. 386, September 1984. Crompton, John L. Parks and Economic Development. PAS Report No. 502, November 2001. Duerksen, Christopher J. and R. Matthew Goebel. Aesthetics, Community Character, and the Law. PAS Report Nos. 489-90, December 1999. Duerksen, Christopher J. Aesthetics and Land -Use Controls: Beyond Ecology and Economics. PAS Report No. 399, December 1986. Duerksen, Christopher J., with Donald L. Elliott, N. Thompson Hobbs, Erin Johnson and James R. Miller. Habitat Protection Planning.- Where the Wild Things Are. PAS Report Nos. 470- 71, May 1997. Easley, Gail V. Staying Inside the Lines: Urban Growth Boundaries. PAS Report No. 440, Novem- ° her 1992. a z Ferguson, Erik. Transportation Demand Management. PAS Report No. 477, March 1998. 0 0 0 PLANNING FOR SMAG 2002 S ATEOFRSOTATES 1141 APA Planning Advisory Service (PAS) Reports (continued) Fishman, Mary, et al. Converting Storefronts to Housing. PAS Report No. 472, July 1997. Fulton, William. Reaching Consensus in Land -Use Negotiations. PAS Report No 417, July 1989. Garvin, Alexander. Parks, Recreation, and Opens Spaces: An Agenda for the 21st Century. PAS Report Nos. 497-98, December 2000. Hecimovich, James, ed. The Growing Smart Working Papers, Volume 1. PAS Report Nos. 462- 63. March 1996. Hecimovich, James, ed. The Growing Smart Working Papers, Volume 2. PAS Report Nos, 480- 81. September 1998. ' Hendler, Bruce. Caring for the Land: Environmental Principles for Site Design and Review. PAS Report No. 328, July 1977. Hever. Fred. Preserving Rural Character. PAS Report. No. 429, December 1990. jeer. Sanjay with Megan Lewis. Stuart Mecic, Jon Witten and Michelle Zimet. Nonpoint Source Pollution: A Handbook for Local Governments. PAS Report No. 476, December 1997. Kendig, Lane. New Standards for Nonresidential Uses. PAS Report No. 405. December 1987. Kendig, Lane and Stephen TocImell. Traffic Sheds, Rural Highway Capacity, and Growrh won- agement. PAS Report No. 485, March 1999. I:rizek. Kevin J. and Joe Power. A Planners Guide to Sustainable Development. PAS Report No. 467. December 1996. Moore. Terry and Paul Thorsnes. The Transportation -Land Use Connection: A Framework: for Practical Policy. PAS Report Nos, 448-49, January 1994. Morris. Marva, ed. Creating Transit -Supportive Land -use Regulations. PAS Report No. 468. December 1996. Morris. Marva. Incentive Zoning: fleeting Urban Design and Affordable Housing Objectives. PAS Report No. 494, September 2000. Morris. Marva. Innovative Tools for Historic Preservation. PAS Report No. 438, September 1991 Netter. Edith and John Vranicar. Linking Plans and Regulations: Local Responses to Consisten- cy Laws in California and Florida. PAS Report No. 363, September 1981. Nicholas. James C. The Calculation of Proportionate -Share Impact Fees. PAS Report No. 408. july 1988. Pinsof, Suzan Anderson and Terri Musser. Bicycle Facility Planning. PAS Report No. 459, October 1995, 142 1 2002 S�'GOR SMART TATEFOF STATES GROWTH Porter, Douglas R., ed. Performance Standards for Growth Management. PAS Report No. 461, February 1996. Roddewig, Richard J. and Cheryl A. Inghram. Transferable Development Rights Programs. PAS Report No. 401, May 1987. Rosen, David. Housing Trust Funds. PAS Report No. 406, December 1987. Roudebush, Janice and Leslie J. Wells. Low- and Moderate -Income Housing, Part I. Increasing the Supply and Accessibility. PAS Report No. 350, May 1980. Roudebush, Janice and Leslie J. Wells. Low- and Moderate -Income Housing, Part 11, Conserving What We Have. PAS Report No. 351, June 1980. Sanders, Welford with Judith Getzels, David Mosena and JoAnn Butler. Affordable Single - Family Housing, A Review of Development Standards, PAS Report No. 385, August 1984. Sanders, Welford. The Cluster Subdivision: A Cost -Effective Approach. PAS Report No. 356. December 1980. Sanders, Welford. Manufactured Housing: Regulations, Design Innovations. and Development Options, PAS Report No. 478, July 1998. Sanders. "Telford. Manufactured Housing Site Development Guide. PAS Report No. 445, April 1993. Sanders, Welford. Regulating Manufactured Housing. PAS Report No. 398. December 1986. Schwab, Jim. Planning for Post -Disaster Recovery and Reconstruction. PAS Report Nos. 483/484, December 1998. Schwab. Jim. Planning and Zoning for Concentrated Animal Feeding Operations, PAS Report No. 482. December 1998. Sutro, Suzanne. Reinventing the Village: Planning, Zoning, and Design Strategies. PAS Report No. 430, December 1990. White, Bradford and Richard Roddewig. Preparing a Historic Preservation Plan. PAS Report No. 450, March 1994. White, Mark S. Adequate Public Facilities Ordinances and Transportation Management. PAS Report No. 465, August 1996. White, Mark S. Affordable Housing: Proactive and Reactive Planning Strategies. PAS Report No. 441. December 1992. Wunder, Charles. Regulating Home -Based Businesses in the Twenty -First Century. PAS Report No. 499, December 2000. C 2 O 0 a PIANNING2002 STATETOFRSOTATES 1143 go APA Planners Press Books P The following books also relate to managed growth issues and may be ordered through APAs Planners Book Service online at www.planning.org or by calling 312-786-6344: CPO Allor, David J. The Planning Commissioners Guide. APA Planners Press, 1984. CFO Arendt, Randall. Growing Greener. APA Planners Press, American Society of Landscape CPO Architects, Island Press and Natural Lands Trust,1999. Do Arendt, Randall. Rural by Design: Maintaining Small Town Character. APA Planners Press,1994. GO Campoli, Julie, Elizabeth Humstone and Alex MacLean. Above and Beyond, Visualizing CPO change in small towns and rural areas. APA Planners Press, 2002. CPO Davies, Stephen, ed. Managing Downtown Public Spaces. Project for Public Spaces, Inc., and APA Planners Press, 1984. CPO DeGrove, John M. Land Growth U' Politics. APA Planners Press, 1984. C20 EN%ing, Reid. Best DevelopmentPractices. APA Planners Press and the Urban Land institute. P Ewing, Reid. Transportation & Land Use Innovations, When You Can't Pave Your Way Out of 00 Congestion. APA Planners Press, 1997. 00 Ford, Kristina with James Lopach and Dennis O'Donnell. Planning Small Town America. APA P Planners Press, 1990. Frank. James E. and Robert M. Rhodes, eds. Development Exactions. APA Planners Press, 1987. GO Kemp. Roger L., ed. Strategic Planning in Local Government: A Casebook APA Planners Press,1992. CPO Kendig, Lane with Susan Connor, Cranston Byrd and Judy Heyman. Performance Zoning. GO APA Planners Press, 1980. 00 McLean, Mary L. and Kenneth P. Voytek. Understanding Your Economy. APA Planners Press, an 1992. ON Nelson. Arthur C. Development Impact Fees, Policy Rationale, Practice, Theory, and Issues. APA .00 Planners Press, 1988. as Nelson, Arthur C. and James B. Duncan. Growth Management Principles and Practices. APA CPO Planners Press, 1995. CW Nicholas, James C., Arthur C. Nelson and Julian C. Juergensmeyer. A Practitioner's Guide to Development Impact Fees. APA Planners Press,1991. CPS Smith, Herbert H. Planning America's Communities: Paradise Found? Paradise Lost? APA Plan- ON ners Press, 1991. WN 144 2002 STATEr�F STATES GROWTH: By Kirk McClure n the movie "Field of Dreams," a mysterious voice says, "If you build it, they will come." This adage makes for great baseball films, but poor economics. It is a sound principle of economics that demand comes before supply. Supply does not create its own demand, nor does it necessarily attract a share of existing demand. The supply of any product must respond to some level of demand not satisfied in the marketplace. Developers build retail space in locations where demand exceeds supply. They typically avoid 14% markets that are growing rapidly because demand 12% for space in those markets may soon be absorbed by 10% the new space being built, making the developer's e% contribution difficult to lease. Developers may also 6% avoid areas with a stable stock of retail space. The 4% demand for and supply of space may be well 2% - balanced, causing any added space to create a o% surplus. The developer needs to find the marketplace where there is a shortage of space and a% respond by adding to the supply. _6% Planners have learned a great deal over the years about how to manage residential growth. They have not performed as well in managing the growth of retail commercial space. Retail markets are prone to boom cycles when space is overbuilt and bust S250 periods when space is in short supply. The consequences of being overbuilt are costly to a city. s2so Property values fall, disinvestment follows, and $210 deterioration results. This issue of Public Investment discusses how planners can use retail spending per $190 square foot as an indicator to monitor the growth $170 of retail space and preserve existing retail shopping areas. 8150 such as home builders, this system works relatively well. They tend to be relatively small-scale operations (25 units per year is typical), serving a single local market. Only a few home builders serve a national or even a regional market. In contrast, the retail space market is characterized by cycles of overbuilding and underbuilding. This does not mean that the market for retail space cannot correct itself, but that it does so less effectively than the home builders market. Four factors contribute to this dramatic swing. Retail development takes time. More time is needed to develop retail space than single-family homes. Retail space often requires that land be acquired from multiple property owners. It Lawrence RetailMarket: Actual and Projected Figures Pop Sq Ft - • Sales — Proj pop Proj Sq Ft Proj Sales co D. P P P P O Figure 1. Growth Rates N V O of O N Q `a N O N V O 0, O f� N n n W ro W w � O• P G 0. P O P U P G P P P O• P U P O. P P O oMarkets Get Overbuilt Economic theory tells us investment capital flows to the sector of highest return. Capital flow into a market sector increases until demand is satisfied and the return ceases to offer a premium. In real estate, demand for available space dictates the return on investment. If there is more demand for space than is readily available, then a shortage exists. Prices rise, and vacancy rates fall. Scarce space has a high investment return, attracting more development. If more space is available than there is demand for, prices fall and vacancy rates rise. Where supply and demand are in balance, price and vacancy rates stabilize. In theory, this is a great system. It should be self-correcting, without any need for outside intervention. For some markets, Figure 2. Sales Per Square Foot (1995 Dollars) also takes more time to work though the zoning approval process and obtain the necessary permits to commence construction. This means that a significant amount of time can pass from when the developer initially decides to build retail space to the time the space is occupied. During this time, the latent demand for the space could be absorbed, making the new space unneeded and creating an overbuilt market. Additions of new retail space tend to be in large increments. When a home builder constructs new homes, they can be added in increments as small as a single home. This is not generally true for retail space. While some individual stores do get built, the most common increment for retail space is a shopping center. This can range from a small commercial strip mall with five or six shops, typically 5,000 square feet, to a large regional mall with more than 250,000 square feet. Adding space in large increments increases the likelihood of overbuilding. Owners of retail space will take any occupants. Developers of retail space are indifferent as to whether they capture latent demand or steal it away from existing space elsewhere in the market. They want their own space occupied. This means that new space added to a market can result in empty space elsewhere, without sufficient demand to fill it. This is not always a bad thin —some turnover is expected in all real estate markets. Old space is filtered out of the market, replaced by new and sometimes better space. However, an excessive rate of tenant movement, accelerated by surplus space, can lead to the early demise of some existing retail structures. Retail shoppers are mobile and willing to take their dollars to other markets. When someone is buying a home, proximity to work is a dominant factor influencing the decision on where to make that purchase. However, shoppers are quite willing to travel some distance from home to satisfy a particular consumer need. A new mall within commuting distance of existing retail centers can pull dollars away from the existing centers, which can increase vacancy rates. Impact of Changes in Supply and Demand When retail spending grows faster than the supply of space, retail space becomes a scarce good. Rental rates will rise faster than inflation, hurting the profitability of local retailers. Vacancy rates will fall as space become scarce. There will be insufficient amounts of space available to permit stores to move and expand as their business needs change. If the supply of retail space grows faster than retail spending, then there will be a space surplus, and vacancy rates will rise as a result. Rental rates will either fall or fail to keep pace with inflation. Parking lots, signs, and storefronts will not receive repairs and improvements needed to keep them in good shape. As landlords compete for tenants, the least desirable space, usually the older space in the market, tends to suffer, leading to blighted conditions. If the supply and demand of retail space can be kept in balance, then the market will be healthy. Rental rates will be stable in real, inflation -adjusted terms. This will promote better business planning and operation for both the retailer and the owner of retail space. Vacancy rates will remain stable, permirting the necessary movement as stores expand and contract their operations. An examination of the retail commercial market in Lawrence, Kansas, shows how these concepts can be examined in the real world. The Lawrence, Kansas, Retail Market For most of the city's history, downtown Lawrence has been the primary commercial shopping area. However, that role has been taken over by a commercial strip on the town's outskirts. Stores such as Kmart, Wal-Mart, and Target Superstore make up the commercial strip and compete with downtown for retail dollars. As its downtown retail stores fail, Lawrence is seeking to find a new role for itself in the area of entertainment and dining. Kirk McClure is associate professor ofplanning at the University of Kansas. Over the last few years, the entire Lawrence retail market has experienced rapid growth both in retail spending and expansion of retail space. For the retail market in Lawrence to remain strong, it is important that supply and demand be balanced. Lawrence has not managed its growth in retail space in the past except to expand the amount of space zoned for retail uses. This is typical of many communities that frequently zone more land for commercial uses than can be supported within the community, to expand the nonresidential tax base. Even with excessive amounts of space zoned for commercial uses, incremental expansions of existing commercial zones often occur. Communities need to moderate the flow of space so that the market is not allowed to become either underbuilt or overbuilt. Data Assembly Process To understand what is happening in Lawrence, data were assembled on the supply of retail space citywide and the demand for that retail space. These data were collected to assess the relative expansions and contractions of the Lawrence retail market from 1972 to 1996. Data on the total supply of retail space were assembled from the Douglas County Assessor's Office. From a listing of all Table 1: Establishments Included in Retail Trade U.S. Bureau of the Census, Census of Retail Trade Type of Number of SIC Code Establishments Establishments 52 Building materials and garden supply 22 53 General merchandise 9 54 Food 31 55 (ex. 5541 Automotive dealers 24 554 Gasoline service stations 31 56 Apparel and accessory 56 57 Furniture 45 58 Eating and drinking establishments 139 591 Drug and proprietary stores 1 1 59 (ex. 591) Miscellaneous retail 134 Total Retail 502 commercial properties within Lawrence, more than 400 retail properties were selected using the U.S. Bureau of the Census's definition of retail space, provided in its Census of Retail Trade. Commercial uses in Lawrence considered retail are listed in Table 1. For each of the selected properties, the year the property was constructed and its square footage were entered into the database. On the demand side, total spending on retail space was used as a proxy for demand. Retail spending reflects total spending on goods and services offered in the retail space. Actual demand for retail space is the aggregate amount of rents paid by all retail vendors who lease their space and the annualized investment in the space made by all retail vendors who own their space. Data on this are not readily available. Retail spending serves as a proxy in that demand for retail space rises and falls as a direct function of total retail spending. Table 2: Lawrence Retail Sales, Space, and Population 1972 to 1998 Sales Figures 1972 1977 1982 1987 1991 1992 1993 1994 1995 1996 Sales (000's) ($) 110,983 184,328 271,176 371,-01 639,C06 626,096 719,065 782,459 848,794 852,227 CPI 44.7 65.4 94.9 113.1 131.2 134,3 138.1 141.3 146.3 i50.7 Sales (000's) Adj.'95 ($) 363,240 412.342 418,051 480,428 712,550 682,039 761:761 810,147 848,794 8274105 Annual %change - 2.57 % 0.28% 2.82E 10.36% -4.28% 1 1.69% 6,35% 4.77'-' -2.52% Inflation Adj. factor 0.3055 0,4470 0,6487 0.7731 0.8968 0.9180 0.9440 0.9658 1,0000 1,0300 Square Feet 1972 1977 1982 1987 1991 1992 1993 1994 1995 1996 1997 1998 Total 1,688,404 1,966,572 2,467,301 2,977,124 3,517,505 3,535,691 3,828,856 4,007,716 1,216,530 4,260,621 4,675,124 ==95.204 Annual % change - 3.10% 4,64% 3.83% 4.26% 0.52% 8.29% 4,67% 5.21 % 1.05% 9 73% 6.85% Population 1972 1977 1980 1982 1987 1992 1996 Total 48,045 50,391 52,738 55,312 61,747 68,667 74,784 Annual %change - 096% 1,53% 4.77% 223% 2,15% 2.16% Spending Per Square Foot 1972 1977 1982 1987 1991 1992 1993 1994 1995 1996 Sales (000's) Adj.j$j 363,240 412,342 418,051 480,428 712550 682.039 761,761 810,147 848,794 827 405 SgFt 1,688,404 1,966,572 2,467,301 2,977,124 3,517,585 3,535,691 3,828,856 4,007,716 4,216,530 4,260,o21 Sole5/SaF1 ($) 215 14 209.68 169A4 161.37 20257 192,90 198.95 202.15 201.30 194,20 Annual % change - -0.51% -4.17% -0.97 % 5.85% -4.77% 114% L61% -0.426 -3.53% Data on total spending came from two sources. The Census Bureau's Census ofRerail Tiade reports on retail spending every five years. Data are available for 1972, 1977, 1982, 1987, and 1992. (Data for 1997 will be available sometime in 1998.) The Kansas Department of Revenue provides data on annual sales tax receipts from retail sources. These sales tax receipts can be used to extrapolate total retail spending by controlling for the applicable tax rare and for the goods and services that are taxable. For Lawrence, data on tax receipts were assembled on an annual basis for 1991 through 1996. (See Table 2 above for data summaries.) Unfortunately, the Census and the Department of Revenue do not use exactly the same definition of what constitutes the retail market. The Department of Revenue is more inclusive than the Census, and its figure for the retail market is about 15 percent larger than the Census figure. To accommodate this difference, the 1972 to 1992 Census figures have been scaled up by 15 percent, to given a consistent historical picture over the years. To,control for inflation, retail sales figures were recast into 1995 dollars, using the Consumer Price Index for the Kansas City area. Using constant 1995 dollars permits comparison of spending across the years. Recent History of the Lawrence Retail Market The assembled data tell an interesting story. By the end of 1996, the total retail space in Lawrence amounted to about 4.3 million square feet. Total spending in 1996 was over $800 million. This translates into $194 being spent per square foot of retail space. From 1972 to 1996, the annual growth rate for retail space averaged about four percent. The five-year and 10-year average growth rates were also about four percent. However, this masks a great amount of fluctuation from one year to the next (see Figure 1). Large expansions in the supply of retail space were experienced in 1980 (10.6 percent), 1988 (8.6 percent), and 1993 (8.3 percent). Other years have been flat -for example, there was no growth in either 1982 or 1991. During the same period, retail sales also varied widely. Sales grew by more than 10 percent during 1988, 1989, and 1993. These were years when the national economy was growing or rebounding from a recession. Inflation -adjusted sales felt. in 1992 and again in 1996. With this cyclical fluctuation, there is considerable variation in the average sales growth rate. The five- year average sales growth rare was 3.2 percent, but the 10-vear average growth rate was just under 6 percent. To give some context to these growth rates, the population growth rate can be used as a benchmark. As population grows, assuming household income does not drop, the amount of retail spending should also grow. Where spending growth is greater than population growth, incomes are rising faster than inflation, shoppers are spending more of their consumer dollars in the community, and/or more consumers are coming into the community from outside. Where spending growth falls below population growth, the opposite must hold. Incomes are not keeping pace with inflation and/or shoppers are spending their consumer dollars elsewhere. Lawrence's population has been steadily growing at 2.1 percent per year for the last 15 years. The supply of retail space has increased to accommodate this growth. Peaks and valleys in demand have been matched by peaks and valleys in construc- tion. The economically healthy years of 1988 and 1993 saw large increases in the stock of retail space, and the recession years of 1991 and 1992 saw almost no construction. However, the correlation between growth in demand and growth in supply is less than perfect. Figure 2 (on front page) illustrates the inflation -adjusted sales figures divided by the total stock of retail space for each year. The resulting sales per square foot figures indicate the overall condition of the market for retail space. These figures suggest the market has been relatively tight during the last five to six years as spending per square foot 3 lias been above the 25-year average figure of $190 per square foot. This is a marked difference from the early to mid-1980s, when the spending per square foot was around $170 per square foot. Future Projections for Lawrence Because there is a pipeline of proposed developments that will be constructed over the next two to three years, the supply side is relatively easy to predict. More than 700,000 square feet of retail space has either been proposed or is under construction. Assuming that all of the planned space will be built, the total stock of retail space will grow to just under five million square feet. This means the supply of retail space will have grown by about 10 percent in 1997 and by another seven percent in 1998. This growth is in addition to the 20 percent growth from 1993 to 1996. By the end of 1998, over 30 percent of all the retail space in the city will have been built during the preceding five years. This represents an annual growth rate of more than five percent. The demand side is less easy to predict. This is true partly because there is no pipeline of retail spending that can be identified. Also, spending fluctuates widely from one year to the next. After three years of positive growth in sales, inflation - adjusted sales for 1996 actually fell by about 2.5 percent from the year before. (Actual sales did increase slightly, but this increase fell behind inflation by 2.5 percentage points.) It is unclear whether this downturn in 1996 represents a one-year aberration or the start of a downward trend. It is possible that consumer dollars were being diverted out of retail spending by other spending opportunities elsewhere, such as new and expanded malls in the Kansas City area or the new entertainment options offered by five new casinos there. This uncertainty makes projections difficult, but not impossible. Figure 2 illustrates what is likely to happen to retail spending per square foot in Lawrence over the next five years. The supply side of this projection assumes all retail space proposed in 1997 and 1998 will be built. After that, growth is expected to return to the more modest rate of 3.9 percent, the five-year average growth rate experienced from 1992 to 1996. The demand side of this projection assumes retail sales will bounce back from the drop in 1996 to grow at about 3.2 percent per year, also taken from the five-year average for the period of 1992 to 1996. The projected supply and demand figures have been joined to produce projections for total retail spending per square foot of retail space in Lawrence over the next five years. This projection suggests that spending will fall to around $173 per square foot, well below the 25-year average of about $190. implications for Existing Shopping Areas The tendency toward overbuilt retail markets has several serious implications for planners working to preserve and redevelop existing retail shopping areas. There are three principles of which to be aware. Competition for tenants is usually won by new space. When a market is overbuilt, retail stores are in a position to pick and choose among the various locations that are available. They can stay in their current location, often exacting a rent concession, or they may move into a new space bidding for their business. In this competitive bidding process, new space is often favored because it offers several advantages. These include the newness of the space itself, along with amenities such as better parking lots, sprinkler systems, and signs. This means that new space — even if it creates an overbuilt market —is unlikely to become vacant space. Older retail space will likely become vacant or have to suffer lower rents in order to stay competitive. Overbuilt markets hurt everyone involved. When a market is overbuilt, rental prices for space are driven down. This reduces the owner's return on investment on all space and lowers the incentives for maintaining and improving that space. Potholes do not get repaired and storefronts do not get improved. This may fall short of blight, but it is a move in the wrong direction. Growth dispersed throughout many shopping districts increases the chance that one district will become dominant. Lawrence's downtown is going to confront very stiff competition, even if no new space is added beyond what is planned. Downtown areas must continue to redefine themselves, searching for that mix of shops and other uses that bring spending to the area. However, winning in this competition will be easier if cities avoid becoming overbuilt. Planners and Retail Management The marketplace cannot be relied upon to regulate itself and avoid becoming overbuilt. Planners may be the only participants in this process that have an interest in balanced growth and the capacity to make it happen. Developers of new space and the owners of land in the path of commercial expansion are always eager to build more retail space and favor generous amounts of commercial zoning. They are often joined by builders and real estate lenders in opposing any public sector action that might impede the development process. Owners of existing space and the lenders holding the notes on that space will be on the opposite side of this debate. They know that any restrictions slowing or stopping the pace of development will enhance their position. If no competition can be built, the demand for shopping within the community is limited to the available retail options. The profits of the owners of existing space are increased by rigid controls upon further development. If the market is underbuilt, demand within the community may go elsewhere, to other communities where more retail options are available. The planner's community will lose both sales tax revenues from the lost spending and property tax revenues from space that could be supported locally. If the market is overbuilt, the planner's community will be fostering the deterioration of the older exisring stock of retail space. Therefore, planners have an interest in balanced growth, where the supply of retail space matches the demand for chat retail space. Planners can monitor the condition of their retail market using the techniques illustrated here. By linking the growth of retail space to the growth in demand for space, cities can better regulate the flow of new retail space into their markets and prevent overconstruction of retail space. The PAS ivlemo is a monthly Publication for subscribers to the Planning Advisory Service, a subscription research service of the American Planning Association: Frank S. So, Executive Director; William R. Klein, Director of Research. The PAS Memo is produced by APA staff in Chicago. Research and writing by Research Department staff; Marya Morris and Megan Lewis, Editors. Production by Publications Department staff: Cynthia Cheski, Assistant Editor; Lisa Barton, Design Associate. Copyright ©1998 by American Planning Association, 122 S. Michigan Ave., Suite 1600, Chicago, IL 60603; e-mail: pasmemo@planning.org. The American Planning Association has headquarters offices at 1776 Massachusetts Ave., N.W., Washington, DC 20036. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in wriring from the American Planning Association. Printed on recycled paper, including 50-70ab recycled fiber and 10% posrconsumer waste. OFFICIAL STATEMENT dated March 22, 2002 NEWISSUE INSURANCE: ; Insurance Corporation RATING: Standard & Poor's: AAA - In the opinion of Dorsey & Whitney LLP, Bond Counsel, under existing laws, regulations, rulings and decisions, assuming compliance with certain covenants, interest on the Bonds is excludable from gross income of the recipient for purposes offederal income taxation and State of Montana individual income taxation. Interest is not an item of tax preference in determining federal alternative minimum tax applicable to individuals. Interest is includable, however, in the computation of the alternative minimum taxable income of corporations for purposes of the alternative minimum tax imposed under the Internal Revenue Code. The City has designated the Bonds "Qualified Tax -Exempt Obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. (See "Tax Exemption and Related Considerations " herein.) 6_ ii1 CITY OF i • GENERAL OBLIGATION i i1 Dated: April 15, 2002 Due: July 1, as shown below The City of Kalispell Montana (the "City") provides this Official Statement in connection with the issuance of the City's General Obligation Bonds, Series 2002 (the `Bonds"). The Bonds mature on July 1 in each of the years and principal amounts set forth below, subject to redemption as hereinafter described, and will bear interest from April 15, 2002 to their respective maturities at the interest rates as shown below. Interest Yield to Price Interest Yield to Price Year Amount Rate Maturi % of Par Year Amount Rate Maturity % of Par 2003 $80,000 4.625% 2.000% 103.115% 2013 $185,000 4.300% 4.300% 100.000% 2004 120,000 4.625 2.450 104.644 2014 190,000 4.450 4.450 100.000 2005 130,000 4.625 3.000 104.931 2015 200,000 4.500 4.500 100.000 2006 135,000 4.500 3.250 104.875 2016 210,000 4.600 4.600 100.000 2007 140,000 4.500 3.500 104.718 2017 220,000 4.700 4.700 100.000 2008 145,000 4.500 3.750 104.114 2018 230,000 4.800 4.800 100.000 2009 155,000 4.500 3.900 103.733 2019 240,000 4.850 4.850 100.000 2010 160,000 4.375 4.000 102.596 2020 250,000 4.900 4.900 100.000 2011 170,000 4.375 4.100 102.086 2021 265,000 4.900 4.900 100.000 2012 175,000 4.200 4.200 100.000 2022 275,000 4.900 4.900 100.000 The Bonds will be fully registered as to principal and interest. Individual purchases of the Bonds will be made in the principal amount of $5,000, or integral multiples thereof within a single maturity. Interest on the Bonds will be payable semi-annually on each January 1 and July 1, commencing January 1, 2003. U.S. Bank National Association will serve as Registrar and Paying Agent (the "Registrar") for the Bonds. The principal of and interest on the Bonds will be payable by the Registrar to DTC, which will in turn remit such principal and interest to DTC Participants for subsequent disbursement to the Beneficial Owners of the Bonds. (See "The Bonds - Book -Entry Form" herein.) The Bonds are general obligations of the City payable from the proceeds of an ad valorem tax that the City will covenant to levy annually on all taxable property within the City, without limitation as to rate or amount. The Bonds are being issued in accordance with the provisions of Title 7, Chapters 7 and 16, Montana Code Annotated. The Bonds are being issued to finance the costs constructing a recreational facility including a swimming pool, bathhouse, concessions, skate park and related site development and improvements (the "Project"), and paying costs associated with the sale and issuance of Bonds. The Bonds maturing on or after July 1, 2013 are subject to redemption at the option of the City on July 1, 2012 and on any date thereafter at a price equal to the principal amount being redeemed plus interest accrued to the date of redemption. Payment of the principal of and interest on the Bonds when due will be insured by a municipal bond insurance policy to be issued by MBIA Insurance Corporation simultaneously with the delivery of the Bonds. The Bonds are offered when, as and if issued by the City, subject to prior sale, to withdrawal or modification of the offer without notice, and to the opinion as to validity and tax exemption of the Bonds by Dorsey & Whitney LLP, Missoula, Montana and Minneapolis, Minnesota, Bond Counsel. It is expected that the Bonds in definitive form will be available for delivery on or about April 16, 2002. This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read Ilse entire official statement to obtain information essential to making an informed investment decision. Tax Collections Set forth in the following table are the real and personal property tax levies and collections for the City for the fiscal years ending June 30, 1997 through 2001. Taxes Collected Total Annual Fiscal Tax in Year Levied Tax Collections2 Year Levy Amounts Percent' Amount Percent 2000/01 $1,568,725 $1,443,227 92.0% $1,623,520 103.49% 1999/00 1,404,927 1,292,532 92.0 1,500,212 97.37 1998/99 1,372,401 1,262,617 92.0 1,589,916 98.95 1997/98 1,496,180 1,403,014 92.0 1,583,054 99.37 1996/97 1,265,639 1,164,445 92.0 1,516,813 99.03 ' Due to timing of collection of the second half taxes, the City must make accruals and assumes 8% will be collected in the following year. 2 Includes real and personal property collections, delinquencies, penalties and interest. Source: City Finance Department Major Taxpayers The following table lists the largest taxpayers within the City for fiscal year 2000/01 in declining order of taxable valuation. The 2001/02 taxable valuations for the top ten major taxpayers are not available as of the date of this Official Statement. Taxpayer 1. Energy Northwest 2. Northwest Telephone 3. Northwestern Energy (formerly Montana Power)' 4. Cavanaugh's Motel 5. First Interstate Bank 6. Weber Bank Building 7. SFP LLD (Dasen) 8. Northwest Investments 9. Equity Supply 10. Thoft Ranch Co. Total Total 2000/01 Business Taxable Value Utility $1,443,825 Telecommunications 1,177,311 Utility 587,492 Motel 567,160 Bank 109,120 Bank 84,470 Developer 81,615 Financial 72,586 Farm/Hardware Supply 64,512 66,465 $4,254,5562 ' Montana Power Company has sold its electric and natural gas distribution and transmission throughout the State to Northwestern Corp effective February 2002. It is not expected that the sale will have any impact on the taxable value of Montana Power Company's property. 2 The top ten taxpayers according to taxable valuation in 2000/01 comprised approximately 18.43% of the City's 2000/01 taxable value of $23,088,006. Source: Department of Revenue 0 Trends in Property Valuations Set forth in the following table are the market valuations and taxable valuations of real and personal property, including tax increment districts, located within the City for the fiscal years 1997/98 through 2001/02. During this time, market valuations have increased 7.9%, however, taxable valuation has decreased 7.7% due to changes made by the 1999 Legislature that revised certain tax rates on various property tax classifications. See "Valuations and Assessments of Property for Taxation Purposes" herein. Fiscal Market Taxable Year Valuation"" Valuation 2001/02 $622,610,786 J' $23,411,193 Ri 2000/01 592,339,335 t 23,088 006 ` £ 1999/00 574,721,869 24,932:008 1998/99 588,649,254 25 500927 1997/98 576,856,663 25,376:049��, ., Source: Department of Revenue Tax Levies The following table shows the mill rates per $1,000 of taxable value of property for a resident of the City for fiscal years 1997/98 through 2001/02. ------------- Fiscal Year ------------- Taxing Entity 1997/98 1998/99 1999/00 2000/01 2001/02 State University Mill Levy $6.00 $6.00 $6.00 $6.00 $6.00 State Statewide School Equalization 40.00 40.00 40.00 40.00 40.00 General Countywide School Levy 88.10 89.10 91.62 92.63 94.88 Flathead County 54.15 54.67 56.81 58.95 64.67 Flathead Valley Community College 10.30 10.41 11.01 11.92 12.03 Kalispell Elementary School District 120.02 126.32 133.75 124.76 149.84 Kalispell High School District 56.95 61.73 66.43 67.50 78.04 City of Kalispell 116.16 111.16 114.25 122.00 129.42 Weed 1.56 1.55 1.63 1.71 1.71 Sheriff 21.16 21.03 22.08 23.16 23.16 Mosquito 0.40 0.39 0.40 0.40 0.42 Board of Health 4.00 1.56 4.40 4.65 4.65 Total $518.80 $523.92 $548.38 $553.68 $604.82 Source: Department of Revenue The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 1 of 6 Click For Forecast FROM Wednesday June 19, 2002 SERVING NORTHWEST MONTANA SINCE Web Edition 1888 Mick Here Local to,registier for your FREE Kalispell fire itane ticket insurance rates - could drop Tr By William L. Spence The Daily Inter Lake Kalispell could rank among it Greek Montana's top communities for fire )ftware. protection in a few years, provided the money is found for a series of improvements. Educators Resource Center The projects, including a second fire station and additional fire hydrants, are intended to strengthen the city's firefighting abilities and reduce its ISO rating. ISO, the Insurance Services Office Inc., rates communities on their fire protection services using a 1-10 scale, with 10 meaning there's no protection. Kalispell is currently rated a 5, which places it in the top 25 percent of fire districts around the country. Fire Chief Randy Brodehl, who joined the department last year, hopes the city will drop to a 3 when it's re- evaluated. Go Back News For Today 0 Flathead's Smithwick-Haiul resigns coacl- in2 position 0 Obituaries 0 We all must take pride in our parks 0 Tiger, Sergio and plenty of noise at the U.S. Open 0 Law roundup - Flathead County Sheriff 0 Helicopter logging approved Bears come close -to homes in ,Tune 0 Sun Road crews resume battle for Lo _ a n Pass 40 Law round )- Kalispell 4 Hunt retiial scheduled Q1 Law roundup_ . Whitefish Law roundup- http://w�vw.dailyinterlake.coin/NewsEii�4inelSelectStorv.t-ol?coirunand=search&db=news-dl... 6/19/2002 The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 2 of 6 need a Billings and- Great Falls are the Columbia Falls domain only places in Montana ranked name? that low, according to Terry e - Phillips, the state fire marshal and A a former ISO field inspector. on sale Of almost 45,000 fire districts nationwide, only 1,514 are graded 3 or lower. To lower its ISO rating, Kalispell must show that it can respond to fires quicker and more effectively than in the past. That's why Brodehl thinks a new, $1.25 million fire station on the city's north side is so critical. "We need to be able to arrive on - scene in under five minutes," Brodehl said. Right now, because of the distance, it can takes eight minutes or more to reach some fires — time that could make the difference between containing the blaze or losing control. "During the first eight to 10 minutes, a fire doubles in size every minute," Brodehl said. "It's an exponential curve, so the faster we can get there, the less damage there will be." That's one reason why insurance companies use ISO ratings to help set premiums. "Fire is the largest single cause of property loss in the United States," according to ISO's Web site, which also noted that "a community's investment in fire mitigation is a proven predictor of future fire losses." Consequently, a lower rating to register for your FREE El Trail Creek Software FOD (406) 257-5445 L0011NOET 4 iy CX=2RN http://www.dallyinterlake.consINewsEn�4inelSelectStorv.t-Dl?conunand=search&db=news.dl... 6/19/2002 The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 3 of 6 frequently results in lower Educators Resource Center insurance costs for homes and businesses in the area (see related story). need ISO ratings take into account how domain' well a city's fire department name? performs, as well as the effectiveness of its fire alarm and dispatch system, and whether sufficient water is available. an sale 15 When Kalispell was last evaluated in 1994, Brodehl said, it earned 50.46 out of 100 available points — meaning it avoided an ISO rating of 6 by less than half a point. The city's dispatch system was awarded 7.66 of 10 available points and its water supply system earned 35.35 of 40 points. If the fire department had done as well, the city would have an ISO rating of 2. However, the department only earned 17.95 of 50 points. "We scored high on our ability to pump, but low on the number of engines and people, training and getting there quickly," Brodehl said. Furthermore, the difference between the fire and water departments was so great that the city was penalized another 10.5 points — the idea being that if firefighters can't get to the scene quickly or aren't adequately equipped, then it doesn't matter how good a water system they plug into. Brodehl expects to improve that performance the next time http://v,,ww.dailyinterlake.com/NewsEnginelSelectStoiy.tpl?coirniland=search&db=news.dl... 6/19/2002 The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 4 of 6 Kalispell is rated, although it isn't clear when that will be. Brodehl believes the next inspection will take place in 2004. However, communities with populations of less than 25,000 are typically on a 15-year cycle, which means it would be in 2009. Several deficiencies noted in the last ISO inspection already have been addressed, Brodehl said. Other planned or recently completed improvements include: ® Hydrants — Kalispell, needs at least 50 additional fire hydrants to serve areas with residential or commercial development, Brodehl said. Most of those areas already have water mains, he said. The cost there would be about $1,800 per hydrant, not including installation. If the hydrants are phased in over the next couple of years, Kalispell's Public Works Department could install them for minimal cost. If an outside contractor has to do the work, it will add another $700 per unit in labor costs. Other areas that don't have water mains — such as near the Kalispell Junior High School — face significantly higher costs. During a recent City Council workshop, it was noted that adding a main and hydrants near the school could cost as much as $200,000. On the bright side, the city's fire hydrants were completely flow tested for the first time last year. http:U« ww.dailyinterlake.coinlNewsEngine/SelectStory.tpl?conulland=search&db=news.dl... 6/19/2002 The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 5 of 6 As part of the test, each hydrant's cap was painted a specific color to reflect its flow rate, so firefighters don't have to hunt for that information after they arrive on the scene. O Inspections, training and equipment — The city and firefighters union recently agreed to an exempt fire marshal/assistant chief position, together with a new, nonexempt deputy fire marshal position. "That doubles our prevention staff," Brodehl said. "It makes sure that commercial buildings will be inspected once a year." An annual training calendar also has been developed to ensure a minimum of 240 training hours per person, per year, for the department's 24-man staff. "Training is a big number," Brodehl said. "It's nine points out of the total 100. We scored 1.71 last time." Finally, next year's budget will include about $120,000 for a used, 3,000-gallon water tender, to improve coverage in areas that don't have hydrants. • Procedures — In the past, the department responded with a single engine. Now, Brodehl said, two engines plus the ladder truck roll on report of visible smoke. The department also is making sure the the equipment on each engine matches ISO's recommendations. • Dispatch and aid agreements http://ww,A,.dallyinterlake.coin/NewsEnginelSelectStory.tpl?conunand=search&db=news.dl... 6/19/2002 The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 6 of 6 The department just converted from a telephone to a radio dispatch system, which could shave seconds off the response time. Brodehl also hopes to have a dedicated fire dispatcher available 24 hours a day. Another item that isn't in place, but that would benefit everyone involved, is an automatic aid agreement with neighboring fire districts. This is different from mutual aid, in which other districts provide assistance if they're asked. With automatic aid, all parties involved automatically respond to fires in the joint jurisdictions. Because more people and more equipment are responding, ISO would credit each district with a higher score, potentially yielding a lower rating. Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com 03/10/2002 Sunday Go Back http://www.dallyinterlake.coinINewsEn,inelSelectStoiy.tpl?conunand=search&db=news.dl... 6/19/2002 - Iowa State Daily - EDITORIAL:New mall won't help Ames' local businesses Page 2 of 2 public funds for improving the area with West Des Moines dollars. This new complex in West Des Moines, it is said, will adversely affect any attempt to bring major anchor stores to central Iowa. The developers claim that Ames could become a commercial center for the area. It is difficult to see the "local" benefits to such a complex. Although the sales tax revenues are something to consider, the majority of the money will be heading right back out of the city, county and state. The anchor stores and developers will be the big winners. Not locals. This sort of rampant commercialism from out-of-state businesses is something that is best kept out of the city and out from under the veil of a benefit to the community. editorialboard: Andrea Hauser, Tim Paluch, Michelle Kann, Charlie Weaver, Omar Tesdell click for a © ornaii this attic[« Back I Back to Too printable ve=rsiwi 10 a 1r ofid EDITORIAL:New mall won't help Ames' local businesses Post your feedback on this topic here 05/13/2002 Hummmm... Bucky Wolford is planning_ L.E. Harrington (Weedback requires a Javascript-compatible browser) [ Front Page ( News ( Shorts I Opinion I A,•ts & Entertainment I Classifieds I About Us I Archives ] O 2002 Iowa State Daily Tu €1 gitnt porthers network http://www.lowastatedally.com/vnews/display.v/ART/2002/04/08/')cbllbOl4fabe?iii arch]... 6/19/2002 The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 1 of 5 Click For Forecast Wednesday June 19, 2002 SERVING NORTHWEST MONTANA SINCE Web Edition 1888 I - "'lick Here Local to re r Go Back fbr your Kalispell faces $28 FREE it ne ticks million in infrastructure work WE CAN HELP By William L. Spence hews For Today a The Daily Inter Lake 0 Flathead's Smithwick-Hama Trail Greek o twaie Kalispell is facing more than $28 resj2j s coaching FE31 million in infrastructure costs in the next few years, almost all of it position 0.0bittiaries driven by commercial and 0 We all must take residential growth. pride in our parks (406) 257-5445 0 Tiger, Sergio and Expanding the city's wastewater plenty of noise at the treatment plant, together with U.S. open Lawroundup- related improvements accounts for $15 the total. Flathead CountySheriff about million of - Upgrades to the sewer, water and Helicopter logain F-KC storm -water systems could cost improved 4 Bears come close to another $8 million, while space s i homes in June Educators Resource Center needs for city staff, police and fire 0 Sun Road Crews services add about $5 million to resume battle for the bottom line. Logan Pass Law roundup - At this point, it isn't clear how all Kalispell the projects will be funded — but4 Hunt retrial Kalispell residents will certainly scheduled bear part of the burden. 4 Law roundup Whitefish "We're looking at an alarming 4 Law roundup- lltt1-)://viw\v-dS1lV11'1tP,r12kf-. rai Ail ai1)nrn The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 2 of 5 need a amount of money," said Mayor domain Pam Kennedy. "Those dollars have to come from somewhere." # Many of the required capital olm sale- ae improvements are detailed in $19,95 Kalispell's Facility Plan 2000. The inch -thick document, completed earlier this year, highlights various strengths and weaknesses of the city's infrastructure. It notes where the current problems are and where they'll occur in the future, based on predicted growth patterns between now and 2020. "The plan doesn't identify any crisis areas," said Kalispell Public Works Director Jim Hansz. "It identifies a series of challenges. These are areas where we anticipate having problems, if growth happens the way we think." The biggest challenge is that Kalispell's sewage treatment plant will reach capacity around 2007 — at least five years earlier than expected. "Nobody did anything wrong," Hansz said. "When the plant was originally built in the '80s, they projected out into the future, like we're doing. We've just had a little more growth than they predicted." Expanding the plant could cost $13.8 million, although that figure is far from certain (see related story). By comparison, Kalispell's entire annual budget is $28.5 million. Elected officials clearly are Columbia Falls to register for your FREE 0 Trail Greek Software (406) 257-5445 Lout, THNET r� 1-ittn•//wWw d1q lvirnterlake C11 (1/1 Q/7(1(17 The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 3 of 5 overwhelmed at times by the cost and magnitude of this and other projects confronting them — but they're just as clearly ready to find solutions. "My first reaction was 'Oh, my god!' But if this is what we need to do, then let's find a way," said councilman Jayson Peters. "I don't think any of us have a clue how to pay for it all, frankly," Kennedy said. "Obviously, we'll have to look at water and sewer rates, and connection fees ... but we can't increase rates beyond what our citizens can afford." Part of the solution, she believes, is a local option tax — something that could be approved only by the Montana Legislature. Similar to Whitefish's resort tax, a voter -approved local option tax would add 2 percent or 3 percent to the price of specific, tourism - related goods and services. The idea is to tap a small portion of tourism revenue to help cover some of the city's cost of operation. The money would go toward property -tax relief, and to pay for various infrastructure improvements. "We have to find a way to generate some additional dollars, without everything falling onto our taxpayers," Kennedy said. The Kalispell City Council plans to meet with local legislators to find out if such a tax has any chance of being approved during the next session, she said. Educators Resource Center ��tt1�'//VVVVw.C7ativiT�tP,rlakP.rnn/NP.�zieFnoinP./.CelP.r.t.Ctnty tt�l�cnn�ma»r�=caairhR�rlh—„P�x�c rll F/19/,?nfl? The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 4 of 5 Other funding options for Kalispell include state and federal grants, as well as developers and home buyers who want access to city services. The Evergreen Sewer District, which currently is entitled to 22 percent of Kalispell's treatment plant capacity, is discussing the possibility of financing part of the expansion, in return for a higher allocation. "I think there are a lot of things in the works that will help fund these projects," said councilman Fred Leistiko. "To say no, we can't afford something — that isn't being responsible. We need to look at these issues and figure out how we can accomplish them." Unlike the treatment plant expansion, many of the sewer and water -system improvements are tied closely to actual growth rates, so the timing of those expenditures is more flexible. "You could look at the facility plan and conclude that we need to do everything on the list in the next five years," but that wouldn't be accurate, Hansz said. "We'll compare it with our ability to pay and decide what's comfortable," he said. "It's more a question of determining the right priority and schedule for doing things. I don't want it viewed that the cost is anything beyond our ability to handle." One option that doesn't appear to be on the table, though, is simply saying no to further growth. littb://www.dailvinterlake.com/New,-RnQine/�elect,'�trn-v (11 F/19/?nm The Daily Internet: The Daily Inter Lake Newspaper, Kalispell, Montana Page 5 of 5 L "We can't stop people from moving here," Leistiko said. "And we can't just tell them to put in septic systems and water wells, because they will. We have to take on the responsibility of growth and manage it." "What would we be doing to the quality of Flathead Lake by allowing everyone to go on septic systems?" Kennedy asked. "Does Kalispell have an obligation to the community at large? I believe we do. We're all part of Flathead County, and I firmly believe the majority of people here think we should be proactive. We need to be thinking for the future and planning 20 years out." Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com 04/07/2002 Sunday (�) Go Back 7Fiwntftge Sectfons ; Sfaf httDi//www.dailvinterlake.com/Ne,WCF.,IQi,le./(�P.1P.ct!�trn-v til rVi gi�nm