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City-County Minutes October 19, 2007CITIES OF KALISPELL, WHITEFISH, COLUMBIA FALLS & FLATHEAD COUNTY COMMISSIONERS JOINT CITIES/COUNTY WORK SESSION AGENDA MINUTES OCTOBER 29, 2007 — 7:00 P.M. CALL TO ORDER Mayor Fish, Columbia Falls, called the meeting to order and asked the assembly to stand for the pledge. Present were -- Columbia Falls: Mayor Fish, Councilors Karper, Barnhart, Shepard, Plevel, Reikofski, and City Manager Shaw. whitef sh: Mayor Coughlin, Councilors woodruff, Metzmaker, Palmer, and City Manager Marks. Flathead „County: Commissioners Brenneman, Hall, and Mr. Pence. Kalispell: Mayor Kennedy, Councilors Olson, Hafferman, Atkinson, Gabriel, and City Manager Patrick. PUBLIC COMMENT Charles La 3230 Columbia Falls Sta e, commented upon the information given at Planning Board meetings that there were 30,000 parcels of land in Flathead County not built upon, and that we should not have any more subdivisions because there is all this land. Then on Sunday the paper had an article from an economist stating the Flathead will be short 20,000 acres by 2014, and 93,000 acres by 2024. Lapp commented we need to look at these statements when issues cone to Planning Boards, and he has not seen the study but is sure in seven years every acre of Flathead County is not going to be developed. Lapp concluded we need to be careful of the public and opinions. DISCUSSION ITEMS A. Eialog between British Columbia and Montana re: Coalbed Methane Development in the Forth Fork _ (White LishlEd He eY Ed Heger thanked Mayor Fish for being put on agenda. Heger talked about the threat by the proposed development for coalbed methane in the Forth Fork. Heger stated he is speaking as a concerned citizen, and there has so much information given already, he doesn't want to repeat. Heger continued the Flathead Coalition was formed many years ago with the threat to the Flathead Basin. Heger stated he wanted to praise the efforts of the county commissioners, state legislators, and governor. In the spring of this year British Petroleum announced exploration into coalbed methane, which will extend into the Flathead. British Columbia actually invited British Petroleum to do the exploration. The battle is just beginning, and the Councils and County Commissioners will be asked to pass a joint resolution. Commissioner Hall asked about the Resolution passed by whitefish. Mayor Coughlin stated it is not against the Cline Mine, but to encourage communication between the districts. Discussion followed. A copy of the Resolution passed by City of whitefish is attached to these minutes. B. Highway Corridors and benefits to long term health of traffic flow with the use of frontage roads and limiting access points — (WhiteflsN) 10/29/2007 51" Monday Meeting Page # 1 Mayor Coughlin stated she wanted to get conversation started regarding the new growth policy, limiting access points, and Frontage Roads. Coughlin stated she feels we all need to discuss growth — first develop one little pod, next little pod, and it all adds up; and then it takes longer and longer to get places. MT Dept of Transportation (MDOT) does not have money to help out, and we don't have money to build new roads so we need to protect traffic, and is happy to see the interchange talked about. We need to leave travel corridors as corridors. Discussion followed regarding all the growth, development, and access onto the main corridors. Several expressed concerns that MDOT does not have enough resources to relieve the situation. City Manager Shaw commented the impact fee lave would be the only way to collect fees, and even though CF expects to see substantial development at Hwy 2 & 40; unproved roads will only be able to happen with state funding unless they change impact fee funding law as small communities cannot use funding within 10 years. if there isn't enough to fund a large project, can't use. We need to ask legislature to extend the length. Atkinson asked about Frontage Roads. Coughlin replied if there were a light every mile this would mean 15 lights between Whitefish and Kalispell, and this does not promote traffic flow. Visualize a traffic light every mile around this valley - that will not be highway corridors. Discussion followed regarding how each of the cities and the county are trying to deal with this problem, buffers, transportation plans being conducted., scenic corridors, etc. Jeff Harris, Flathead County Planning Director reported the good news is that the same firm is doing whitefish, Kalispell, and Flathead County, so hopefully, there will be integration of the three plans to coordinate this project. Harris continued Flathead County has been requiring Frontage Roads, and that is a step in the right direction. Mayor Kennedy commented every project we are working on has the potential to touch the next entity, can we send a letter, ask for input, ask do you have any projects coning that direction, and maybe we can marry the projects together. Maybe our planning offices can get together and plan, get together for communication just like councils are doing tonight. Further discussion followed re: hover do you see this happening? Kennedy replied — when we get application and it is on Hwy 93 then send copy to Whitefish and Flathead County Planning to see if they have any projects on the table in the same area; needs to happen at the time of application before public input -- from the start of the project. Coughlin suggested taking back to Dept Heads and Planning Depts., with attendees concurring. C. Asking —the, Con essional Legislation to start implementation of a sensible solution to managingmanagiRg our forests -- (Kalispell Councilor Hafferman, Kalispell commented the issue came up for the three cities and Flathead County to institute a tax on gasoline to try and deal with the road problem. Hafferman stated this will be just another tax unless we come up with a permanent solution, continuing he can remember when it was a common sight to see logging trucks and combines; and now is horse trailers and ski racks. At one time there was quite a bit of money corning into the tax base for the schools and county because of timber harvesting. Lincoln County was awash with money and they paved all their county roads. Hafferman commented, even though not opposed for gas tax to go to voters, it is not a solution; we need to address the problem. We are a wealthy state, the Treasure State, and need to use natural resources. Hafferman stated he is suggesting we join together as a group and write letters to Tester, Baucus, Rehberg and Schweitzer asking them to look again at sustainable logging, done in a careful manner. A copy of Mr. Hafferman's draft letter is attached to these minutes. Hafferman concluded by saying, hopefully, a letter would be signed by the Commissioners and the three Mayors. Councilor Barnhart asked how each of the entities felt. Councilor Shepard stated as a hunter and fisherman our forests are in very poor shape - would like to see forests logged and managed, not just manage fire; the last non --fire sale was 18 years ago. This was a great amount of money to our schools; need to do intelligent/selective cutting not clear --cutting; agree 10/29/2007 5th Monday Meeting Page #2 wholeheartedly. Commissioner Hall, co-chair of Flathead Forest Counties, stated they actually have been lobbying hard to get payment in -lieu; and went on to update where they were in this process, also stated concern about HR 1975 for endangered species act with the potential of 8 million acres in MT where they cannot even fight fires. Hall commented Senators from east coast and Mr. Tester were quite agitated with how the Dept. of Agriculture is managing the forests and feels the letter is a good concept. Commissioner Brenneman addressed the gas tax, stating the gas tax has some flaws and doesn't think it will accomplish what is needed. Brenneman explained some of the concerns with collecting the tax, will put in -county suppliers at a disadvantage; is on gas only -not diesel, and is collected at the pumps. Discussion followed with Mayor Kennedy stating she is a little dismayed the Commissioners did not bring this before the voters to let them make the determination. Further discussion followed regarding talking to other cities and counties to pursue statewide action and bring to legislature. Councilor Atkinson asked why not talking about sustained forests, doesn't believe forest is managed; but can be managed and forested appropriately along with opening up the forest for more recreation. Question is -- is there profit in cutting trees down any more? If we could manage forests, is there a market? Hall stated he is also involved in the fuels reduction project, reporting on action. Hafferman stated a tax of 2 or 4 cents, just won't do it. We have to have something geared to sustaining us, our livelihoods. We need a solution, and to start working toward a solution; then I could support a tax. Brenneman stated need to figure out the best way to deal with balancing recreation and tree harvest so it works for all of us. Discussion followed. Hall stated he sees it as two issues -- encourage forest managers to sustain yield, and gas tax. Councils and Commissioners agreed to review Hafferman's letter. D. Lon Ran gePlannipyTask Force -- Report. on work done and ro osed to be done — -, Flathead Coup Commissioner Hall reported about 4 years ago they put together a Task Force and handed out the work plan draft report. Next Hall reported on the Affordable Housing Committee and handed out their draft report. Hall reported on the Land Use Committee led by Myrt Webb. Myq Webb 31 Grace Road, reported he has been on the Task Force for about a year. Last year completed a Transportation report; explaining the Federal Hwy Plan sets out that a road serves one of three things — mobility, access or collector. Hwy 93 is mobility, but if we allow it to become an access road, will lose the mobility. The report talks about the connection between transportation and land use. Copies are available. Webb continued this year was the Land -use Committee, and that report will be presented on November 5th. Webb reported the committee looked at low density growth, assessing fire risks, protecting views, and property rights. Webb offered to do presentations if requested. Hall commented he asked the board to talk about architectural designs for highway corridors, and that is now under discussion for a future committee. Commissioner Hall passed around a list of all Flathead County board positions open B. Donated Land for Habitat for Humanities and the new park in Columbia Falls - Commissioner .mall re uest or City Mara er Shaw to re art City Manager Shaw spoke about Habitat for Humanities, reporting the City of CF gave six lots to Habitat a couple of years ago, and the last of six homes is currently being constructed. Habitat for Humanities has asked for more land, but CF does not have any more to give. Shaw continued CF is looking to work with Lynn Moon and Susan Moyer to look at additional affordable housing. 10/29/2007 5 th Monday Meeting Page #3 City Manager Shaw reported the City of CF has purchased a new park on the river. Councilor Reikofski reported the City of CF purchased 1000' of riverfront on 28.5 acres. There is some forest left, it has been mostly cleared and will nuke a very nice park. Reikofski continued we have received a lot of positive comments and are currently in the process of interviewing eighteen interested applicants for 5--7 positions to work with the Parrs Committee to plan this park. Mayor Kennedy reported Habitat for Humanities has made arrangements with a developer for some property so there will be some new Habitat homes in the Kalispell area. The next home scheduled for construction is in Whitefish. ADJOURNMENT The meeting adjourned at 8:52 p.m. i t-e-Tsie Balk City Clerk CMC 10/29/2007 5" Monday Meeting Page #4 RESOLUTION NO. 07-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, ENCOURAGING THE GOVERNOR OF MONTANA AND THE PREMIER OF BRITISH COLUMBIA TO MEET REGARDING COMMON TRANS -BOUNDARY ISSUES. WHEREAS, Canada and the United States of America share the world's longest common border and have a long-standing relationship bound by the principles of peace, goodwill, and cooperation; and WHEREAS, the economies of British Columbia and Montana depend upon cross - border trade, international tourism, and bilateral communication and collaboration; and WHEREAS, the residents of the East Kootenay and Flathead Valley share historical, cultural, and familial ties that transcend the international border; and WHEREAS, the residents of the Last Kootenay and Flathead Valley have a deep, mutual concern for the quality of our shared environmental resources; and WHEREAS, open dialogue is an effective and important tool in maintaining positive and neighborly relations that are necessary between our two governments; and WHEREAS, an international dispute is not the desire or in the best interest of local constituencies on either side of the border and may hinder the continued progress of our regional economy; and WHEREAS, the inability of British Columbia and Montana to successfully resolve matters of disagreement in a bilateral manner may result in the imposition of top -down solutions that are not of mutual benefit; and WHEREAS, the elected leaders of British Columbia and Montana have publicly stated that a government -to -government meeting on a broad suite of issues that are of mutual concern would be both beneficial and a welcome development; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Whitefish, Montana, as follows: Section 1: The city of Fernier and the City of Whitefish, on behalf of our constituencies, express ourjointly held belief that a meeting between the Premier of British Columbia and the Governor of Montana would be a positive development for our region. Section 2: The City of Fernie and the City of Whitefish, on behalf of our constituencies, urge the premier and the Governor to hold the above -referenced meeting as soon is practically possible. Section 3: The City of Fernie and the City of Whitefish, on behalf of our constituencies, believe that the East Kootenay or Northwest Montana would be the most appropriate venue for such a meeting to occur. -I_ Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and signing by the Mayor thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, ON THIS 15TH CLAY OF OCTOBER, 2007. ls/ Cris Coughlin_ CRIS COUGHLIN, MAYOR ATTEST: lsl Necile Loran Necile Lorang, City Clerk To: Senator Max Baucus, Senator Jon Tester, Representative Dennis Rehberg, Governor Brian Schweitzer The city and county governments in Northwest Montana are having a difficult time trying to keep up our roads to health and safety standards because of the rapid growth we are all experiencing. while this unprecedented growth rate may slow, all analyzers expect growth to continue at a rate significantly above the national average. . The Flathead County Board of Commissioners and the city councils of Kalispell, Whitefish and Columbia Falls are considering asking voters to put a County -wide tax on gasoline sold in Flathead County to be used for the most extreme problems we face with road safety and health. Montana Department of Environmental Quality just fined Flathead County because of road dust. That causes a real dilemma just funding a temporarily abatement of the environmental problem With the price of gasoline today and nervousness about higher prices becoming; a reality, the chance of a new tax of any amount has only a slim chance of passing. As the price of gasoline rises so does the price of road oil. Even if a proposed tax is approved by the voters, how much should the tax be? A two cents per gallon tax may stand a chance of passing. A four cent tax would probably be resoundingly defeated. Even a four cent tax for roads would do little to catch up with and maintain our growth problems. When timber harvesting was at or near a sustained yield basis our County government received proceeds from timber sales of an amount that could reasonably keep up with growth while still maintaining our existing roads. The amount now received by Federal appropriation to replace lost timber harvest sales is totally inadequate. In all probability the amount received will drop even further if efforts are made to balance the federal budget. We need a long term solution to help us face the health and safety problems. Montana is called the Treasure State, as depicted on our state flag. Because of our natural resources, Northwest Montana in particular has a wealth in a renewable resource in our forests. Returning our forests to a sustained yield basis would be a key part of solving our road problems. We urge you to work with us in an endeavor to utilize a sustained yield timber harvest as one means to provide not only safe roads and a healthy environment for our citizens of Northwest Montana, but a healthy forest for the nation to enjoy. Chairman, Mayor Flathead County Board of Commissioners Mayor Mayor Date WORK PLAN SUPPORT Long Range Planning Task. Force: Submit DRAFT Work Plan for LRPTF for review and amendment. Submit relevant current growth plans, transportation plans, and resource analysis documents to members of LRPTF on CD. Submit current Human Resource list to members for updating/amendment. Committees: Transportation/Roadways, Bike Paths, Light Rail and Bus Corridors; Future Zoning; Growth Guidance; Sewer, water, and Storm Drainage; Fire, Police, Emergency Services; Commun%ty Education and outreach Committee Support: Updated human resource list for each of the committees for establishing subcommittees or work group members. Identify task -oriented jobs for the Committees prior to each meeting, requiring a progress report back to the full Task Force. TR.AN SPORTATION/ROAD WAY COMMITTEE: Proposed exhibits to be supplied: l . GIS Map of Valley Floor with following shown., - A) All. current Flathead County roads, highways, rail corridors, and and mass transit routes; B) Columbia Falls, whitefish and Kalispell transportation plans; C} Routing paths of the proposed Nest -Side By -Pass and Willow Glen Connector; 2) Current County Roadway Condition report; County Road Department financial condition; Immediate goals and objectives; Long term goals and objectives; 3) Proposal for one -day Transportation Seminar for full LRPTF membership. 4} Updated Human Resource list, tailored to Committee needs; BIKE PATHS, LIGHT RAIL AND BUS CORRII)ORS Exhibits supplied: 1. GIS Map of Valley Floor with following shown: A) All current Flathead County bike paths and trails; B) Bike trail master plans for whitefish, Kalispell and Columbia Falls, 2. Review of Bonneville Power Authority's preliminary proposal for establishing . hike paths/pedestrian/equestrian trails under the current high tension power lines; 3. Review of Burlington Northem/Santa Fe Rail Roads position on current rail line uses and life spans. Forecasts for future use of rail routes and potential acquisition of lines for public transit uses; 4. Identify funding sources for bike trails; 5. Successful bike trail development strategies identified by the cities of Coeur d'Alene, Spokane and other cities having extensive bike trail systems; 6} Human Resource list, tailored to Committee; FUTURE ZONING AND GROWTH GUIDANCE: Exhibits supplied: I. GIS Map of Valley Floor with following shown: A. Existing zoning in the cities of Kalispell, Whitefish, and Columbia Falls B) Two Rivers master plan amendment, including proposed densities and uses; Q Other current and proposed projects on the fringe of the cities of Kalispell, Whitefish and Columbia Falls. 2) Human Resource list, tailored to Committee; SEWER, WATER AND STORM DRAINAGE: Exhibits supplied: 1. GIS Map of Valley Floor with following shown: A) Existing City water and sewer utility locations for the cities of Kalispell, Whitefish and Columbia Falls; B) Existing boundaries for the Evergreen Water and Sewer Distracts; C) Proposed City of Kalispell master sewer expansion map; D) Proposed expansion plans by the Evergreen water and Sewer Districts; E) Location of all sewage treatment facilities in the Flathead County Urban area; 2) Short narrative discussion/review of the potential for a valley -wide Regional Sewage Treatment facility; 3) Human Resource list, tailored to Committee; FIRE, POLICE AND EMERGENCY SERVICES: Exhibits supplied: 1) Z} Human Resource list, tailored to Committee; COMMUNITY EDUCATION AND OUTREACH: Exhibits supplied: 1) 2) Human Resource list, tailored to Committee; 2 October 11, 2007 To: Flathead County Board of Commissioners, Montana From: Affordable Housing Committee Through: Flathead County Long Range Planning Task Force Re: Committee Recommendations/Report The following discussion reflects many of the underlying problems associated with the need for affordable housing in Flathead County. First, we offer the following definition of Affordable Housing: The generally accepted definition of affordability is for a household to pay no more than 30 percent of its annual income on housing. Families who pay more than 30 Percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and health care insurance. For those persons awning their homes, the housing casts includes principal, interest, taxes and insurance and, when applicable, condominium or homeowners' association fees. For renters, the costs simply include the monthly rent payment, regardless of whether or not that rent payment includes utilities paid for by the landlord. 1n the last few years, the price of housing has escalated in every sector of the housing market throughout Flathead County. Rural unincorporated areas, as well as local cities, have all experienced phenomenal growth. With the cost of housing having increased, first time buyers are having difficulty affording their first home and those in starter homes are finding it nearly impossible to "move -up" into larger or better homes. This later group has created a new sector of homeowners, who are caught in the pricing "gap." Although they may have housing, they cannot afford to raise the additional funds from the sale of their first home to pay for the next. As their families grow, they "make do" with the space they occupy, often increasing the number of beds in a room to accommodate their children. Many young adults, too, are coming to grips with the higher cost of housing and are finding it too expensive to manage their own households upon graduation from college. Aging baby boomers are also facing the dilemma of finding affordable, accessible housing. Furthermore, they may have trouble affording additional services for themselves and for their elderly parents. The workforce is inevitably impacted across many sectors. The increasing cost of housing has made it difficult for low -wage workers in the retail and service sectors to make ends meet. [often they must work two full-time jobs with both spouses working. Employers have difficulty recruiting because of the lack of available housing at pricing that their potential employees can afford. With the higher cost of housing for the average income earner in Flathead County, employers are concerned that they will be unable to retain their current workforce, let alone attract replacements or fill new positions. Essential workers are affected as well. Cities and counties must attract and retain government employees including teachers, firefighters, police, and emergency personnel. The wider community must also maintain a sufficient pool of trained nurses, health care workers, and support services that are crucial to the well being of its citizens. If the cost of housing continues to go up, then our municipalities and private employers will have to provide incentives for essential workers to stay and live in our communities. Also, with the rising cost of housing, there has been an increase demand for rental housing and an increase in the monthly rent for such housing. Most of the working population either owns or rents, but there are those who become homeless or are forced to choose housing alternatives, such as living with family, renting with roommates, boarding or living in a shelter. Individuals and families who can barely afford the housing they occupy may not be able to fund all of their utilities, home repairs or improvements. They may even have to forego the cost of gas to get to work or may not be able to put enough food on their table. Meanwhile, living i.n a substandard home may become the preferred option to homelessness. Those on fixed incomes living in less -than -desirable circumstances are often in need of further assistance and may qualify for other programs as well. While the county should move forward to address the housing needs of its citizens, it is paramount that the citizens support the efforts of the county to do so. This will require a resolve among the public and private sectors to make affordable housing a priority. The need to act Preceding the writing of the Flathead County Growth Policy, the public had identified Affordable Housing as one of four critical issues that faced the county. The Growth Policy itself addressed this concern within Chapter Three on Demographics and Housing. The policy projects that population will continue to rise by 5O% by the year 2025. And, "if annual median housing prices were to increase at 8% each year, the price in 2010 would equal approximately $272,498, requiring a minimum median household income of $78,0981, a 127 increase from 2003, to afford a median priced home." Fast forward to 2006, when the median price for a home was $245,000 with just over 60 percent of all homes sold in the $100,000 to $300,000 range. In 2007, the median price has gone up slightly to $248,000. Returning to our earlier definition of affordable housing, we recognize that for housing to be affordable a household would pay no more than 30 percent of its annual income on housing. Keeping this rule of thumb in mind, consider the probable loan amounts based upon today's median income numbers, with median income being $49,100 for a family of four. 1) 80% of annual median income is $39,300 for family of four. This family would qualify for a loan amount of $133,000. In the ideal situation, other debt would not exceed 11 % or approximately $400 per month. This would include credit cards, car loans, student loans, etc. 2.) 80% of annual median income is $27,500 for a single person. with an income of $34,375, this buyer would qualify for a loan amount of $85,000. 3.) 140% of median income is $681,740 for family of four. This family would qualify for a loan amount of $220,000. Although these scenarios indicate that families are losing ground in being able to afford a home, this committee believes that the time is ripe to begin implementing solutions. Consequently, the Affordable Housing Committee recommends that Flathead County: I. Act as a sponsor to seek funding, including grants for affordable housing. This is to be achieved in the following ways: A. Assist in funding a centralized agency to disseminate housing -related information with regard to financing a home, locating resources for homeowners and renters, and exploring options that would increase the inventory of affordable housing. This agency should reach out across the county to all its residents, and include in its makeup realtors, lenders, mortgage companies, nonprofit agencies, developers, builders, homeowners, renters and homebuyers. The agency would also be proactive in providing and/or directing people to continuing education on buying and maintaining a home, budgeting for homeownership, and hove to apply for a loan. Funding could be procured from grants or possibly with joint participation of the cities, and provide at least one full -tinge employee initially. The centralized agency could create a resource directory and/or web site that provides a list of county -wide resources for affordable housing. This recommendation (above) compliments and expands Flathead County's Growth policy (P. 1 6.2) to "create an affordable housing plan for the county which includes evaluating the need for a county housing committee and establishing coordination between the county and the cities of Columbia Falls, Kalispell and Whitefish." The Growth Policy goal to provide safe housing (G. 16) also dovetails with the following recommendation: B. Establish and seek funding for a countywide program that will help with emergency repairs, or rehabilitation of homes of residents who cannot afford to repair or to maintain their homes. This orov-rarn would be made available to low -to -moderate income homeowners regardless of age. 3 While the Growth Policy also seeks to encourage affordable homeownership (G.17) and "encourage the establishment of public/private partnerships as a method to offer financing to first-time homebuyers (P.17.5), we further recommend that the County: C.) Promote the development of a consortium of employers, lenders and units of local goverment to provide funds for development of workforce housing within the Soy/o- 160% of median income categories. II. In beeping with the goal of the Flathead County Growth Policy (G. 15) to `promote a diverse demographic of residents and the policy" (P.16.1) to "provide land use - based incentives and density bonuses for the promotion and development of affordable housing opportunities for a range of household types, family sizes, income, and special consideration groups," the committee recommends that Flathead County: A.) Allow developers higher density bonuses, through zoning, when they commit to building a prescribed percentage of affordable housing units in a project. where the density is appropriate, the cities and county should stimulate infill for affordable housing projects by reducing fees and regulatory standards and/or defer some fees for such projects. They should also provide a density bonus for larger inf ll projects that feature affordable housing. To dovetail with the goal stated above and also goal (G. 17 of the Growth Policy) to "encourage affordable homeownership in Flathead County" and specifically policy (P-17.1) to "include provisions in the county zoning and subdivision regulations to promote affordable homeownership," the county should: B.) Encourage more mixed -income development whereby residents are offered an array of housing choices. Subdivision standards should allow for a wider variety of residential products in the same subdivision, where both home ownership and rental housing is provided. III. To provide a permanent inventory of affordable housing, Flathead County should financially support the creation of a county -wide Community Land Trust (CLT). A Community land trust is an independent, not for profit corporation that is legally chartered in the state in which it is located. Most CL Ts target their activities and resources toward charitable activities such as providing housing for low -to - moderate income people and redeveloping blighted neighborhoods. The CLT acquires multiple parcels of ' land throughout a targeted geographic area with the intention of ' retaining ownership of these parcels forever. Any building located on the land or later constructed on the land is sold off ` to an individual homeowner, a cooperative housing corporation, a nonprofit developer of rental housing, or some other nonprofit, governmental, or for prof t entity. Although CLTs never intend to resell their land, they provide for the exclusive use of their land by the owners of any building located thereon. Parcels of land are conveyed to individual homeowners (or owners of other types of structures) through long-term ground leases. The CLT retains an option to repurchase any residential or commercial structures located on its land, should their owners ever choose to sell. The resale price is set by a formula, contained in the legal documents, that is designed to give present owners a fair return on their investment while giving future buyers fair access to housing at an affordable price. By design and by intent, the CLT is committed to preserving the affordability of housing -one owner after another, one generation after another, in perpetuity. When considering the value of CLTs, one must look at the increasing scarcity of land to develop, which is a big reason why property prices have escalated and will continue to do so. Since about twenty percent of the land in the region is privately owned and the rest is either parkland or timberland, procuring an inventory of land, (committed to affordable housing) before it becomes even more expensive, makes sense. Lastly, it is imperative that the county identify opportunities to work with local cities and unincorporated areas, non-profit groups/agencies, developers and the public to implement these recommendations, while sharing resources where appropriate. Acknowledgements: Flathead County Long Range Planning Task Force Affordable Housing Committee: Diana Blend - Chair Cara Cameron -Secretary Doug Rauthe David Boye Mire Smith Betsy Nelson Lance G ittings Lynn Moon Deb McDaniel Bill Rice Sue Anna. Grogan Jennifer Gerber Clara Hazelwood Jennifer V o Ikea J Reference Item Fiscal Year 2007 Income Limits Summary for Flathead County, Montana From FY 2007 income Limits Documentation System FY 2007 Median Income 1 2 3 4 5 5 7 8 Income Limit Person Person Person Person Person Person Person Person Category Very Low (50%) Income $17,200 $19,650 $22,100 $24,550 $269500 $289500 $30,450 $32,400 Limits Extreme! Logo $491100 3 $10,350 $11,800 $13,300 $14,750 $15,950 $17,100 $18,300 $19,450 Income Limits Low a Income $27,500 $31,450 $35,350 $39,300 $42,450 $45,600 $48,750 $51,900 Limits Note: Income Limit areas are based on FY 2007 Fair Market Rent (FAIR) areas. For a detailed account of how this area is derived please see the associated FY 2007 Fair Market Rent documentation system at: http ://www. huduser. org/datasets/fmr/fmrs/? 007summary. odb`1inputname=NCNTY3 002 9N3 004 9 * F l athead%2OCounty&county_select--yes&state_name=Montana&statefp=3 0 11 September 13, 2007 THRU: Long Range Planning Task Force Flathead County Montana TO: Board of County Commissioners Flathead County Montana FRM: Long Range Planning Task Force Land Use Committee Re: Committee Report: Land Use Issues General: Land use patterns in Flathead County are erratic. There is no consistency in what types of development occur or where they occur. The effects of this inconsistency were not apparent 15-20 years ago when the county population was near 50,000 but as the population nears and exceeds 100,000 the inconsistencies are becoming increasingly noticeable. There are many issues that contribute to this condition but they all relate at least in part to the central issue of the cost of providing public services. The county does not have an adequate fiscal structure to generate sufficient funds to support the services and infrastructure demanded by rural (outside of incorporated cities) residents. without the assessment of the real cost of providing services, residents and businesses locate in areas that they believe are affordable but only because the real costs of locating in a rural area is being deferred or transferred to other residents, When development does not pay the real public costs of its location the normal restrictions on where people and businesses locate are distorted and lead to erratic development. Development that adversely impacts nearby neighborhoods and critical public facilities. Development that also: y- Increases traffic Degrades view -sheds Louvers air and water quality Increases risk of loss by wildland fires. Stresses public services and emergency response delivery Flathead County is hardly the only WESTERN U.S. County that has this issue, but the very large difference between the services demanded by citizens and the financial resources availabte to satisfy those demands makes this issue more acute. Purpose: The purpose of this report is to: 1. Provide a reply to the Task Force's assignment given in February 2007 (Attachment A) 2. Describe the committee's analysis and sources of information. 3. Present findings. 4. Present recommendations. Land Use Committee: The Land Use Committee members and meeting dates are at Attachment B. Document Information Sources: ■ Flathead County Growth .Policy: the committee kept the views provided by the public described in Chapter one constantly in mind. This is what the public wants county government to do and the government is charged with determining the means. Considerable discussion was concentrated on protecting views, managing transportation, maintaining the identity of rural communities, managing and protecting the natural and human environment and property rights. ■ Physical Constraint Map: the county planning department provided a map showing areas that have significant constraints to development. This included water features, flood plains and steep slopes. It was noted that the areas that are relatively unconstrained are few. • Tra, ff c Data: data from last year's Road Transportation Report was provided. This report states that county traffic is increasing faster than the population. Some of the important recommendations in this report are: > The county needs to maintain mobility on the corridor arterials The county needs a reliable financial support structure for the road system that does not rely on property taxes r The county needs a road improvement strategy for the future. • Solid Waste Generation Data.* no matter where people go they generate trash. The county Solid waste District has a good record of where trash is being generated in the county because of the rural green box sites. Tonnage records from 1998 to 2004 were examined. During this time total tonnage in the county increased from a little over ?6,000 tons to a little over 40,000 tons. A 54% increase that is much faster than the population growth during the same period. This could be due to people producing more trash per person or that there are more people in the county than the census records. • Population .Density Map: the county planning department provided a map showing population density using septic data. According to the map population in the county is widely dispersed. This supports the census data that reports 213 of the county lives in rural areas. +� Fire .Risk Map: a committee member provided a map completed as a result of a recent county fire risk study. When the fire risk reap is overlaid on the septic data an observer can see the significant development that is happening in high and extreme fire risk areas. Utilities Map: a committee member provided a map with the major utilities using the public right-of=way shown. • Electrical Service Data: connection data from Flathead Electric was provided. The data covers the period 2000-2005 and shows annual connection growth has increased from 1244 in 2000 to 2200 in 2005. This data supports the solid waste data that indicates there are more people in the Flathead than the U.S. Census states. • County Road Map: a county road map from the Road Transportation Study was used. This reap also included the LRPTF Transportation Subcommittee's scheme for traffic sheds. Comparative County Cost Data: cost of services data from a 2004 county report shows comparative costs between three Montana counties of similar population (Cascade, Gallatin, Flathead). Despite having similar populations, Flathead County has spent significantly more for public services during the period l 990- 2004 than the other counties. • County Water and Sewer .Districts Map: a committee member provided a map showing the areas serviced by county water and sewer districts. It was noted that several of theses districts have treatment plants that are nearing their design capacity. Craundwater Table Map: a snap based on data from the Flathead LJakers organization was used to look at groundwater depth in the central valley area. The county has large areas where groundwater is less than 50 feet from the surface. • Wildlife -,Alfap.s.- a committee member provided maps showing wildlife habitat. Winter habitat is critical to the survival of wildlife in the county and this habitat occurs on private as well as public lands. Threatened and endangered species also utilize private lands for migration routes. County Parks flap and Catalog: the county parks department provided a map and catalog describing the characteristics of county parks. * Lot Number and .Size Data: the county planning department provided historic data on subdivision lots located in the county. While subdivision activity varies widely from year to year, recent (2000- 2006) approved final plat activity uses about 2000 acres per year. This does not account for family transfer activity, which would increase the acreage subdivided substantially. • USDA Agricultural Census: data from county agricultural censuses was examined. While land in farms has decreased 28% during the period 1978 to 20021 the land used for harvested crops and irrigated land has increased slightly. Farm income has doubled during the same period. ■ Natural .resources Summary: a committee member provided a summary of recommendations on natural resources based on the LRPTF Natural Resource Subcommittee's report to the task force in June 2006. • USGS Water Quality Information: a committee member provided information from the US Geological Survey on water quality monitoring in the Flathead basin. Interview Information Sources: In addition to documents the committee also interviewed persons knowledgeable in special areas of interest. • View Shed Planning (Bob Horne, Planning Director, City of Whitefish): Bob Home gave the committee his experience with view shed planning based on his experiences in the Jackson Hole area of Wyoming. Methods to view shed planning include: Image based planning that cover areas over long distances. r Corridor based along transportation corridors that emphasize nearby views. r A mix between image based and corridor approaches. Geographic Information System(GIS) use (Tom Reynolds, Director, GIS Department, Flathead County). Tom Reynolds discussed with the committee the use of GIS. Tom advised the committee that he could produce a county map with information layers that could be turned on or off to display whatever combination of information the user would like. The map could be produced in a format that anyone with a computer could view (pdo. The committee discussed the type of information that should be used as layers and Tom agreed to produce the map for the May 31 meeting. The map was produced and presented to the committee at the May meeting. Copies of the map were provide to conunittee members and is available on the county FTP site. The map has been an important tool used in the analysis for this report. • Property Rights (Jonathan Smith, Deputy District Attorney, Flathead County): Jonathan Smith led a discussion of property rights and a history of past legal precedents that have occurred in MT and the nation involving different property right cases. Important points of discussion were: Property rights have a long history and have changed over time. While government has the power to regulate the use of private property, regulation that prohibits all reasonable use can be considered a taking. A variance procedure allows for flexibility when land use regulation should not be applied due to hardship or a specific characteristic of the property. MT does not have a statutory taking law that lowers the taking threshold from the US Constitution standard. ■ Conservation Fools (Marilyn Wood, .director, Flathead Land 'rust): Marilyn Wood led a discussion concerning conservation tools that may be useful in county land use planning. Major items were. - Conservation easements are voluntary agreements between a private landowner and a non-profit or public entity. The landowner agrees to give up development rights in exchange for cash, tax credits or both. Some easements are donations. Easements often increase the value of adjoining lands. { Use of easements is common in MT. over 1.5 millions acres are under easements in the state. Beside easements other conservation tools are cluster development, land owner assistance centers and transfer of development rights. Based on the information provided, the committee has the following findings: Revenue/Service Issues Findings • Compared to Montana counties of similar population, Flathead County spends more for public services. • Present fiscal tools for the county do not provide the resources needed to maintain desired services for rural residents. 0 The "one size" fits all revenue system does not work. Consequences of unsuitable land use planning decisions limit the options of distributing revenue equitably across the county. Discussion: Information from cost of service studies and recent public discussion concerning road paving and the number of available sheriff deputies, clearly show that the revenues systems authorized by the state and used by the county are inadequate. This is a result of many years where development has occurred in areas where the taxes paid for public services do not support the level of service demanded by residents. The situation is made worse by the large size of the county, the high proportion of residents living in the wildland urban interface and the higher public service expectations of new residents. A tax system based on the value of property will not provide a revenue stream that balances resident service demand with what residents are actually paying. A system based on property value will either provide too much revenue in the case of high value property in easily serviced areas or too little in the case of lower valued properties in high cost service areas. The latter is commonly the case in Flathead County. Rural Special Improvement Districts (RSID) are designed to correct deficiencies in public facilities and are a valuable tool to help in the revenue/service imbalance that exists in most of the county. But RSID's suffer from several characteristics that limit their effectiveness. RSID's address only capital projects such as roads. They do not address service issues such as public safety. r RSID's are complex to form and to administer. It would be very difficult to correct everything needed in a large county like the Flathead using only RSID's. RSID's require organized local support, or a waiver of protest, in the area being served or improved. Impact fees recently enacted by the state legislature are another tool. But similar to RSID's there are significantly limiting factors. ~` Impact fees cannot be used to raise the general level of service, only to address the impact of a specific development. They cannot be used in areas where the existing level of service is deficient. There are few county areas where the level of service for rural roads is adequate. Impact fees cannot be used to improve these deficient roads until revenue is found to improve the general level of road service. Impact fees are, similar to RSID's, complex to determine and administer. As long as revenues do not balance service demand, development will continue to occur ill inappropriate areas causing erratic and inconsistent land use patterns in the county. �':t'7ens should be able to li.,�e :.'he: e they want but they also must be willing to pay the 6 real costs of the public services that support them. Presently, under state law, there is no revenue mechanism that assesses rural residents and businesses the real costs of their public services. Managing and Protectin the Natural and Human Environment Finding An inappropriate level of development, of an uninformed public, is occurring in high -risk wildland fire areas. This lack of awareness places many residents at a higher risk of fire due to both natural and human causes. The potential for significant loss of life and property damage are very high. Discussion: Forests are an important part of the natural environment in the Flathead. They provide habitat for valuable wildlife, clean surface water, recreational opportunities and a supply of wood products to local manufacturing facilities. It is not surprising that many people want to live in and near forests. But, while forests provide a pleasant living environment they also represent the most potentially catastrophic danger to lives and property in Northwest Montana_ Recently the county completed a comprehensive study of the fire danger in the county. ,Areas that are subject to forest fire risks were delineated. when these areas are compared to development patterns it can be seen that significant development has and is occurring in areas of extreme or high fire danger. Forest fires are part of the natural cycle of a forest. It is not a matter of if they will occur, only a matter of when. Findin • The cumulative effect of human development near unprotected surface water will result in a permanent degradation of the Flathead Valley's water quality. Discussion: Water is everywhere in the Flathead valley. An examination of the cornmittee"s GIS map shows that there are virtually no valley areas that do not have a stream, pond, lake, wetlands or shallow aquifer (< Soft). The presence of clean surface water and its connected shallow aquifer is a vital con nunity characteristic. Few things would have more adverse impact in the Flathead valley than polluted water. Human activity pollutes the unprotected surface water it is near. The pollution may come from septic tanks, the runoff from chemically treated landscaping, or the runoff from petroleum dripping onto driveways and local roads. Surface water is connected_ Pollution occurring in one area is likely to affect other parts. It r-flay take a generation for the effect to be noticeable but if it occurs it is very difficult if not Impossible to reverse. Protecting Views Findin Since commercial development is unrestricted along major transportation corridors, it is harming important community view -sheds, increasing traffic and degrading air quality. D1 scussion The Flathead Valley is fortunate that the distant views of our beautiful surrounding mountains are largely public land; unlikely to be developed. But these attractive scenes, valued by residents and visitors alike, are being polluted by close in views. This pollution consists of structures that block views and clutter that distracts. Examples are at Attachment C. The most valuable views are the views from US2 and US93 north of Kalispell. They are valuable simply because the traffic study shows that thousands of people use them. View - shed pollution has occurred in many places but it still not widespread. These corridors can be saved. It is difficult to see what community benefits accrue to allowing unrestricted commercial development along our major view -shed corridors. Such development disperses commercial activity and increases traffic, as customer must travel more to obtain the goods and services they want. More traffic means more air pollution. Locating businesses that adjoin major transportation arterials increase the number of accesses. More accesses slow traffic and increase the chance of accidents. As accesses and traffic increase traffic lights are installed that change a mobility corridor into stop and go congestion. Findin The community needs to do more to develop land use/preservation options for rural landowners. Discussion: Review of the USDA Agricultural census show that agriculture remains a valuable and viable part of the county's economy. Farmland has been sold for development but in most cases this was relatively unproductive land that was not valuable to the producer. The land used for harvested cropland and irrigated land has increased slightly over the last 30 years. Despite the viability of agriculture in the Flathead some landowners will want to divest themselves of rural land. Presently there are few alternatives other than selling for development. Other alternatives can be developed and marketed to rural landowners that will enable them to obtain a reasonable return for their property and preserve valuable watersheds, wildlife habitat and view -sheds for the community. 8 Preserving eq the hts of Private Pro ert Owners Finding Public discussion of property rights is seldom based on shared definition of those rights or on any factual information from present law or national/state history. Discussion: As mentioned in Chapter one of the Growth Policy, private property rights are often mentioned in public discourse but seldom defined. when such an important subject is not well understood it has the effect of confusing the discussion and decision process rather than assisting it. Some of the more common misperceptions are: "PI Preservation of property value is a property right. In MT any government regulation is a taking. r Property rights do not change over time. > Property rights are only about individual landowners. While citizens may have many different versions of private property rights it is important that government decision makers have an agreed upon definition based on legal precedents. This will insure that when property right issues are part of a land use decision they will be applied in a consistent and understandable manner. RECOMMENDATIONS: The committee has the following recommendations - Draft a state law for passage by the next legislature that will give counties the authority to form special districts to provide public services and an alternate to Rural Special Improvement Districts for public infrastructure improvements. It is unlikely, with present revenue mechanisms that Montana counties can meet the increasing demands of an area transitioning from rural to urban. New laws that will enable counties to meet the increased demand by increased revenues and thereby align demand with resources are required. It is important that any new legislation be designed to afford an equitable balance between costs and benefits to each citizen. An outline of such a law is at Attachment D. * Devise appropriate strategies for the improvement of public services. Even with increased revenues there will not be enough to meet all demands. The county needs a strategy to use the revenue for the most value. The LR.PTP Transportation Cornrnittee provided an example of such a strategy for county roads ill 2006. Increasing revenues without a cogent strategy to spend the revenues will only lead to an unrealistic rise in expectations. Pertinent parts of the report are at Attachment E. • County departments need to collect data that will show bow servicing different areas of the county affect their costs. Different areas of this very large county have different costs associated with providing local government services. We need to devise a standardized method of collecting information on costs associated with specific geographic areas. • County departments should evaluate the fiscal impact of land use changes. New zoning, neighborhood plans as well as subdivisions have an impact on the county budget. The county decision makers need to understand the fiscal impact of the charges they are considering. 0 The county formally adopt the Flathead Community wildfire Fuels Reduction/Mitigation Plan as the basis for land use policy in wildland areas. • Development in high and extreme fire risk areas be required to submit a fire risk assessment completed by a professional consulting forester. The Flathead Community Wildfire Fuels Reduction/Mitigation Plan was done by professional foresters and is the best information available in assessing wildland fire risk in the county. Wildland fire is a constant and dangerous threat in many county areas. The costs of fighting fires and protecting life and property are high. Appropriate mitigation by property owners and developers, based on accurate informmation, can reduce the risk and costs. • various entities are currently sampling and monitoring water quality in the county. The County Health Department should collect and evaluate this data so preventative action can be taken to prevent the spread of water pollution. • High -risk areas over shallow aquifers and near riparian areas should be identified and protected by limiting the density of development. • Urban areas such as cities and Census Designated Placed should develop storm water plans that will prevent untreated storm water from entering surface water and shallow aquifers. Complete stormwater plans for other rural areas with large areas of impervious surfaces. Widespread water pollution in Flathead County would significantly degrade the quality of county life. The effects of water pollution are slow but once established are very difficult to reverse. It is not enough to monitor Flathead Lake. By the time Pollution reaches the lake it is present throughout the watershed. water quality needs to be monitored upstream and in tributaries. Preventative action must be taken if water quality worsens in the area that is contribution the pollution. The United States 10 Geological Survey (USGS) has a plan to monitor water quality in the Flathead, Attachment F. The county should be a supporter and contributor to the implementation of this or a similar plan. • Form "Scenic View Corridors" at least i/2 mile wide along US2 and US93 north of Kalispell. • Within the corridor establish architectural design standards that would mitigate the effect of new buildings on the view -shed. Encourage the use of Planned Unit Developments in corridor areas. • Encourage the use of conservation easements. • Flan for the establishment of commercial areas where development would not degrade views or disrupt traffic on arterials. Protecting the views was an important concern expressed by citizens during the growth policy meetings. while it is not practical to protect the views from everyone's front porch it is possible to protect the views that most residents and tourists enjoy as they travel in the valley. • Activate the Dural Lands Board mentioned in the growth policy. • Provide the Rural Lands Board the staff and support to assist the county commission in developing options for rural landowners. Rural landowners need options if they wish to change the use of their land. These options are the responsibility of community to develop. The Rural Lands Board with the appropriate members and staff can work out the details of options and provide impartial advice to rural tandowners. Appropriate use of rural lands will reduce the cost of public services to all county residents. A list of possible rural land use options are at Attachment G. • Come to a consensus between the members of the county commission and the planning board on what private property rights entail. In public discussions of land use, the notion of private property rights is often mentioned but seldom defined. This has the tendency to cloud the discussion. while citizens can have whatever definition of property rights they desire it is important that land use decision makers have a common understanding of the term that will lead to consistent and compatible decisions. Attachment H has a proposed outline of property rights that could be used as a basis for discussion. ATTACHMENTS: A- Task Farce Assi gment B- Land Use Committee Members and Meeting Dates G Examples of View -shed Pollution D- County Service District E- County Road Strategy F- USGS water Quality Plan G- Rural Land Use Options H- Private Property nights I? ATTACHMENT A- to Land Use Committee Report Task Force Assignment From the February S`h meeting of the Long Range Planning Task Force to the Land Use Committee: I. Collect information on present land uses and treads. 2. Present conclusions, thoughts etc. based on info. Collected. 3. Present ideas on what kind of areas are and are not most suitable for development and why. 4. Discuss tools that could be used to encourage/discourage suitable and unsuitable development. ATTACHMENT B- to Land Use Committee Report Land Use Committee Members and Meeting Dates: Committee Members: Turner Askew Kerry Finley Jeff Harris Jennifer Gerber Velvet Phillips -Sullivan Karen Reeves Myrt Webb Meeting Dates: February 22 March 8 March 22 April S April 19 May 3 May 17 May 31 June 21 August 9 August 23 August 30 ATTACHMENT C- to Land Use Committee Report Examples of View --shed Pollution ATTACHMENT D- to Land Use Committee Report County Service District To close the gap between rural citizen demands and county resources, Montana counties need a flexible and comprehensive revenue and service mechanism. A. mechanism that will determine what residents want, what they are willing to pay, and then provide the desired level of service. The mechanism, hereafter called a County Service District (CSD) should be able to provide resources for infrastructure improvement and all public services to include public safety, senior services and health services. The CSD should not preclude other funding methods such as Rural Special Improvement Districts or impact fees. But provide a comprehensive means to manage all public infrastructure and services. It is critical that any revenue mechanism provide a balance between what citizens pay and what benefit they receive. Each district voter should know what their assessments are being used for and how the benefits accrue to them. Everyone has a "fair share" of the costs and a "fair share" of the benefits. Characteristics of state statute enabling County Service Districts are: • ]provide county commissions with the authority to form LSD's within their county. A CSD could include all or part of incorporated cities with the agreement of the respective city council. * A CSD is a precisely described geographic area. It could all or a part of a county. * The initiation of a CSD would include a detailed description of the present level of service, the desired level of service and the assessment cost to each household in the CSD. * A CSD would be formed if 51 % of the voters in the CSD voted in favor of the formation. County commissioners could administer the CSD themselves with county staff or appoint a CSD board to administer the district. Level of services, assessments would be reviewed at least every 5 years. Changes would be sent to the voters of the distract for ratification. ATTACHMENT E- to Land Use Committee Report County Road Strategy Extracted from the Road Transportation Report, LRP?F Transportation Committee (March 16, 2006). 0 The county needs a road improvement strategy for the future. The county has many more roads that it can possibly improve and maintain. We need to deters -nine where our limited funds can best be applied to get the most value. Since collectors join local roads and arterials it is recommended that the county place their financial emphasis on collectors. Priority would depend on the VMT for each collector. Voters should be given the opportunity to support collector improvements through a bond election. Local users, either developers or property owners using RSID's, should irnpmve local roads that connect to collectors. Extension agreements should be made that allow for reimbursement by latecomers using the improvements. Local roads should be fed into the designated collectors that connect to the arterials. Allowing arterial access only thru the limited number of collectors will -maintain mobility on the arterials. ATTACHMENT F —to Land Use Committce Report Water Quality Many entities monitor water quality in the county area. Cities monitor surface waters near the treatment plants; the university research station on Flathead Lake monitors the lake and associated water bodies. The U.S. Geological Survey also monitors water quality and an example of the plan they have for the Flathead area follows. REVISED SCOPE OF WORD USGS monitoring of water quality and streamllow in the upper Flathead River basin (February -September 2007) Prepared by the U.S. Geological Survey This document describes a revised scope of work that adds sampling tasks to the original monitoring plan prepared in January 2007 by the U.S. Geological Survey (USGS), in cooperation with the Montana Department of Environmental Quality (DEQ). The period of the current Joint Funding Agreement (February -June 2007) is also being extended through the end of Water Year 2007 (February -September 2007). The agreement under which work is currently being performed will be amended to include the costs of the additional tasks and the new end date. The background, objectives, constituents, and operational aspects of the monitoring program are described in detail in the January 2007 Scope of Work. The sampling done as part of this program will be coordinated to the extent possible with other sampling programs to minimize cast. The following sections summarize the key components of the monitoring program and the additional tasks. Sampling Locations The sampling locations in the upper Flathead River basin are: CURRENT NETWORK Flathead River (North Fork) near Flathead, British Columbia (12355000) North Fork Flathead River near Columbia Falls (12355500) Middle Fork Flathead River near west Glacier (12358500) South Fork Flathead River near Columbia Falls (12362500) Stillwater River at Lawrence Park, at Kalispell (12365700) Whitefish River near mouth, at Kalispell (12366080) Ashley Creek at Kalispell (12367800) Flathead River above Flathead Lake, near Bigfork (12369000) x x N EW SITE L 0 BE ADDED4 x Swan River near Ferndale (station number to be established) A new site on the Swan River below the town of Ferndale and above the pool farmed by the darn at Bigfork will be established for periodic sampling. All sites, except the Swan River near Ferndale, are USGS strearnflow-gaging stations. Sample Collection All samples will include Meld determinations of streamflaw, water temperature, specific conductance, pH, and dissolved oxygen. Samples will be depth and width -integrated and collected using standard USGS sampling methods, which are described in the USGS National Field Manual (USGS, variously dated; htt :11 ubs.water.us s. ov/twri9A. Quality assurance for water -quality activities in the USGS Montana water Science Center are described in Lambing (2006; htt :11 ubs,watej-.usgs.gov/of/2006/1275). The revised sampling plan adds 2 sample collections during July and August 2007 at the original 8 sites, and adds 4 sample collections during June -August 2007 at the new site on the Swan River. A total of 8 samples will be collected at the original sites during February —September 2007; a total of 4 samples will be collected at the new site on the Swan River during June -September 2007. Samples will be collected during the following periods: 1. Feb -Mar (1 time): after ice breakup, initial post -winter condition 2. April (1 time): initial rise of snowmelt hydrograph, low and mid -elevation runoff 3. May (2 times): rising limb of hydrograph, mid and high -elevation runoff 4. June (2 times): near peak of hydrograph and start of falling limb 5. July (1 time): falling limb of hydrograph 6. August (1 time): near minimum flow, period of maximum water temperature and biological productivity Sample Analysis Unless otherwise noted, laboratory analyses are performed by the USGS National water Quality Laboratory (NWQL) in Denver, Colo. All approved analytical data are publicly accessible at http:llwaerdata.ussgvlmtlnwis . Provisional analytical results for samples collected during the current year are available electronically upon request after receipt of results from the laboratory and preliminary quality -assurance review. Streamflow "aging Continuous streamflow record will be obtained at all sampling sites, except for the new site on the Swan River near Ferndale. Instantaneous streamflow at the tune of sampling will be measured at that site during sampling visits; the costs for flow measurements are included in the operational costs for sampling. Two of the streamflow-gaging stations in the upper Flathead monitoring network are funded by this program: 1) Ashley Creek at Kalispell and 2) Flathead River above Flathead Lake, near Bigfork. Data Management and Reporting Water -quality and streamflow data collected for this program are quality -assured and archived in the USGS NwIS database. Approved water -quality and streamflow data, as well as provisional real-time streamflow data, are available to the public at ht!p:Ilwaterdata.us poy/mt/nwis_ Provisional water -quality data prior to final approval are available for inspection upon request. The water -quality and streamflow data will be published in the report "'Water Resources Data for Montana" (published annually). Cost Original Scope of work The cost for startup and data collection during the period of the original agreement (February -June 2007) is $110,000. Matching funds of 40 percent were provided by the USGS. A summary of the costs for the original agreement is shown below: OPERATIONAL: Gage installations (2 sites, one-time cost): $2700 Gage operations (2 sites, Mar -June): $1000 Sample collection, data management (8 sites) $61 NO LABORATORY: $1 000 TOTAL S 110,000 DEQ share (60%) S66,000 USGS share (40%) $44s 000 Addl*tional work for revised program A summary of costs for the additional tasks included in the extension of the program through September 2_007 is shown below: OPERATIONAL: Gage operations (2 sites, July -Sept) $71000 Sample collection, data management (2 samples at 8 sites) $237330 Sample collection, data management (4 samples at 1 site) $51820 Streamflow measurements (4 measurements at J site) $ 500 LABORATORY: $71700 TOTAL $44,350 For the additional work included in the extension of the monitoring program, the USGS can provide matching funds of 40%. Tire following amounts are to be added to the current Joint Funding Agreement; DEQ share (60%) $26,610 USGS share (40%) $17,740 GRAND TOTAL FOR REVISED PROGRAM The total cost for the revised monitoring program in the amended Joint Funding Agreement for the period February 1 through September 30, 2007 is: GRAND TOTAL $154,350 DEQ share (60%) S92,610 USGS share (40%) $61,740 SITE VISITS FOR FLATHEAD SAMPLING PROGRAMS: 2007 * * * Revised Mtty 200 7 * * * (X = DEQ O = USGS/NPS -Y' = DNRC) WY08 WY07 STATION10 'fanned -� µF•� 4 �� A_.y�� ��7a .� `� •�f.iiY-X:'�`�. ��=,%yes "+>:. �' �� - ,tom f; - - �'i. •.j Ili. k ..t�..�•r!tl• x xx x NF Flathead at Border o 0 0 0 0 0 o 0 Y Y Y x x XX xx x IMF Flathead nr Col. Falls 0 0 0 MF Flathead nr W.Glacier SF Flathead nr Col. Falls x x XX XX x x --...:.:: ; Flathead at Col. Falls Y Y Y Y Stillwater R. at Kalispell x x xx X Whitefish R. at Kalispell x x xx xx x x V x Ashley Cr. at dal*spell x x -X _XX x Flathead R. nr Big fork x x xx xx Swan R. near Ferndale 1 xx x y ATTACHMENT G- to Land Use Committee Report Rural Land Use options How rural land changes in Flathead County is an important concern to all residents no matter where they live. When rural land use changes it affects: • Traffic • Air and water quality ■ Access to hunting and fishing • Public service costs • Wildland fire potential • View -shed quality Land sold for typical block type development will have more of an impact on the above changes than land used in other ways. The county should provide a rural lands office that can provide impartial information on options such as: • Cluster development- provide incentives that will encourage development in closer clusters rather than distributed block development. Cluster development has much less impact on the land and the community than block development. • Conservation Easements-- designation of specific county areas as having value as a view -shed, watershed or recreational area will encourage some landowners to conserve land as easements. The rural lands office could also provided technical assistance for ! Rural Special Improvement District formation and administration • Citizen initiated zoning. ATTACHMENT H- to Land Use Committee Report Private Property Rights 1. Property rights on real property can be divided between private property rights and public property rights. 2. Property rights change with time and custom. 3. Private Property Fights • Sell • Lease ■ Mortgage • Subdivide • Grant easements • Derive benefit from use • Exclude access These rights can best be viewed as a "bundle of sticks" with each stick representing a right. Each stick is separate and can be given, sold, rented to other parties. A right also includes the right to give that right to someone else. 4. Public Property Rights • Tax • Take for public use with compensation • Control use/prevent a nuisance that damages the community • Dispose in case of death without heirs With the exception of the original thirteen colonies all land in the United States was originally public land. In the case of Western Montana this area came into the nation as a result of the Oregon Compromise of 1846 that divided the US and British Canada at the 49th parallel. Much of MT was settled under the Homestead Act that imposed many conditions on the property that become private. V.S. Government regulation on private property has a long history. 5. Takings- when, government takes private land for a public purpose • Condemnation- government physically takes land for public use. • Regulatory takings: o Constitutional taking- defined by constitutional law. A high standard that usually demands the government has, through regulation, limited all reasonable use of the property. o Statutory taking- defined by state law and often a very low bar where almost any government regulation can result in taking claim. Montana does not have a statutory takings law. A landowner suing for unlawful takings in MT must meet the relatively high national standards. Flathead County Planning & Zoning Office Earl Bennett Building 1035 First Avenue, West Kalispell, Montana 59901 Phone: (406) 751-8200 Fax: (406) 751-8210 October 2, 2007 TO: Daily .inter Lake Hungry Horse News Whitefish, Pilot Bigfork Eagle CONTACT: Mary Sevier 751-8200 PUBLIC SERVICE ANNOUNCEMENT ENT FOR MEDIATE RELEASE APPLICATIONS BEING TAKEN FOR FLATHEAD COUNTY I30A.RD OF ADJUSTMENT Preserving the quality of life in Flathead County is important to the majority of residents in Flathead County. One of the tools for preserving those qualities is by prudent interpretation and enforcement of the zoning regulations adopted by the County Commissioners. The Flathead County Board of Adjustment has the authority to grant variances to parts of the regulations and mares final decisions on conditional use permits and zoning variances. There are three (3) openings on the Flathead County Board of Adjustment. The positions are tyro --year terms, beg[nning January 1, 2008 through December 31, 2009. To be considered for the position the applicant must reside outside of the city zoning jurisdictions of Kalispell, Whitefish, or Columbia Falls, but within Flathead County. A letter of interest, including name, address, daytime phone number and qualifications should be submitted to: Mary Sevier Flathead County Planning 8r. Zoning Office Earl Bennett Building 1.035 First Avenue, West Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. Friday. November 2, 2007. For additional in orrnation call 751-8200. Flathead County Planning & Zoning Office Earl Bennett Building 1035 First Avenue, West Kalispell, Montana 59901 October 2, 2007 Phone: (406) 751- 8200 Fax: (406) 751-8210 To: Daily Inter Labe whitefish Pilot Bigfork Eagle Hungry Horse News CONTACT: Mary Sevier 751-82 ao PUBLIC SERVICE ANNOUNCEMENT FOR IMMEDIATE RELEASE POSITION OPENINGS FLATHEAD COUNTY PLANNING BOARD The Flathead County Planning Beard has eight members, plus a representative of the Soil Conservation District. There are four regular positions open on the Planning Board. The terms will run from January 1, 2008 through December 31, 2009. In addition, the representative of the Soil Conservation. District is appointed annually. This term would then run from January 1, 2008 through December 31, 2008. All positions are appointed by the Flathead County Commissioners. To be considered for a position applicants must reside outside the planm g jurisdictions of Kalispell, Columbia Falls, and whitefish. A letter of interest, including name, address, daytime phone number, and qualifications should be submitted to: Mary Sevier Flathead County Planning & Zoning Office Earl Bennett Building 1035 First Avenue, west Kalispell, MT 59901 Letters of interest should be received no later than 5:00 p.m. November 2, 2007. For additional information call 751-8200. Flathead County Planning & Zoning Office Earl Bennett Building 1035 First Avenue, West Kalispell, Montana 59901 Phone: (406) 751-8200 Fax: (406) 751-8210 October 2, 2007 TO: Daily Inter Lake Hungry Horse News CONTACT: Mary Sevier 751-8200 PUBLIC SERVICE ANNOUNCEMENT FOR IMMEDIATE RELEASE APPLICATIONS BEGING TAKEN FOR COLUMBIA FALLS CITY -COUNTY PLANNING, BOARD AND ZONING COMMISSION The Columbia Falls City -County planning Board and Zoning Commission is made up of eight members - four representing the city and four representing the county. In addition, a representative of the Soil Conservation District is to be appointed annually. In the event there is no member or associate member of the conservation district who is able or willing to serve on the board, the ninth member must be selected by the eight officers and citizen members of the board, with the approval of the board of county commissioners and the city council. This term would then run from January 1, 2008 through December 31, 2008. The four county representative positions are appointed by the Flathead County Commissioners. This year there are -two (2) County vacancies on the planning Board. Both terms will run from January 1, 2008 through December 31., 2009. In addition there is a one (1) year term that needs to be filled due to the resignation of one of the county members. This term will run from January 1, 2008 through December 31, 2008. To be considered for the County positions the applicant must reside within the planning jurisdictional area but outside the city limits of Columbia Falls. A letter of interest, including naive, address, daytime phone number and qualifications should be submitted to: Mary Sevier Flathead County planning 8& Zoning 1035 First Avenue, West Kalispell, MT 59901 751-8200 Letters of interest should be received no later than 1-5:00 p.m. November 2, 2007. For City "Appointments to this Board contact the Columbia Falls planning Office at 392--4399. Flathead County Planning & Zoning Office Earl Bennett Building 1035 First Avenue, West Kalispell, Montana 59901 Phone: (406) 751-8200 Fax.- (406) 751-8210 October 5, 200 TO: Daily Inter Lake Whitefish Pilot C C NTACT : Mary Sevier 751-8200 PUBLIC SERVICE ANNOUN CEM NT FOR IMI EDIATE RELEASE APPLICATIONS BEGING TAKEN FOR VMITEFISH CITE` -COUNTY PLANNING BOARD AND ZONING COMMISSION The Whitefish City -County Planning Board and Zoning Commission is made up of nine members - four representing the city, four representing the county plus a representative of the soil Conservation. District, This year there are two (2) county vacancies on the board as well as the representative of the soil and Conservation District which is r appointed annually. The county appointments are made by the Flathead County Commissioners and the conservation district appointment is made by the board of supervisors of the conservation district. In the event there is no member or associate member of the conservation district who is able or willing to serve on the board, the ninth member must be selected by the eight officers and citizen members of the board; with the approval of the board of county commissioners and the city council. To be considered for the County positions, applicants must reside within the planning jurisdictional area but outside the city limits of Whitefish. The terms for the County appointments will run from January 1, 2008 through December 31, 2009, and the term for the representative of the conservation district will run from January 1, 2008 through December 31, 2008. A Letter of interest, including name, address, daytime phone number and qualifications should be submitted to: Mary Sevier Flathead County Planning & Zoning 1035 First Avenue, West Kalispell, MIT 59901 751-8200 Letters of interest should be received no later than 5:00 p.m. November 2, 2007. For City Appointments to this Board contact the Whitefish Planning Office at 803-- 2410. Flathead County Planning Ss Zoning Office Earl Bennett Building 1035 First Avenue, West Kalispell, Montana 59901 Phone; (40 ) 751-5200 Fay: (406) 751-8210 POSITION OPENINGS WHITEFISH LAKE & LAKESHORE PROTECTION COMMITTEE The Whitefish Lake and Lakeshore Protection Committee, a citizen advisory boards was formulated to have advisory jurisdiction over all of Whitefish, Lost Coon and Blanchard Lakes for issuance or denial of permits for la.keshore projects. The Committee is made up of eight voting members. A professional staff planner from the Flathead County Planning & Zoning Office/Whitefish Planning Office shall serve as an ex- officio, non -voting member. Three of the members are appointed by the Whitefish City Council and four are appointed by the Board of County Commissioners for staggered terms of three years. The eighth member is a Member -at -Large, selected by the Whitefish -City County Planning Board. At least two of the appointees shall be residents on Whitefish or Lost Coon Lame. There is ctuTently one (1) opening for a City member and one (1) opening for a County member. The openings are three-year terms be ` g January 1, 2008 and will run through December 31, 2010. A letter of interest, including name, address, dame phone number and quahfications should be submitted to: County ARP ointments: Mary Sevier Flathead County Planning & Zoning Earl Bennett Building 1035 First Avenue, West Kalispell, MT 59901 751-8200 Ci A ointments: City Clerks Office 418 East 2nd Street PO Box 159 Whitefish, MT 59937 863-2400 Letters of interest should be received no later than 5:00 p.m. October 9, 2007 for City appointments, and no later than 5:00 p.m. November 2, 2007 for County appointments. Please contact the Flathead County Planning & Zoning Office or the City Clerks Office for additional information. Flathead County Planning 8a Zoning Office Earl Bennett Building 1035 First Avenue, West Kalispell, Montana 59901 October 2, 2007 Phone: (406) 751-5200 Fax: (406) 751-5210 To: Daily Inter Lake whitefish Pilot Bigfork Eagle Hungry Horse News Contact: Mary Sevier 751-8200 PUBLIC SERVICE ANNOUNCEMENT FOR IMMEDIATE RELEASE APPLICATIONS BEING ACCEPTED FOR NEIGHBORHOOD LAND USE AI?VISORY COMMITTEES Applications are being accepted for openings on the following neighborhood land use advisory committees: ggan..Slough Planning S& Zoning Commission There is currently one (1) opening on the committee. The applicants must own property within the boundaries of the Zoning District. The term will run 4 years, beginning January 11 2008 through December 31, 2011. Helena Flats Land Use Advisory Committee There are currently two (2) openings on the Committee. The applicants must be a landowner or resident within the area covered by the Helena Flats Neighborhood Plan. The terms will run 4 years, be ' g January 1, 2008 through December 31, 2011. LaBrant-LindseyLane Land Use Advisory Committee There is currently one (1) opening on the Committee. The term will run 4 years, begu1=9 January 1, 2008 through December 31, 2011. Those interested in being appointed shall be resident freeholders who reside in the La Brant -Lindsey Lane Neighborhood Planning area. J Little Bitterroot Lake Land Use Advisory Committee "There is currently one (1) opening on the Committee. The terra will run 3 years, beginning January 1, 2008 through December 31, 2010. The applicant must be a property owner from within the neighborhood plan, who owns land that does not front or abut Little Bitterroot Labe, in the even no qualified individual applies for this position, then members from the Little Bitterroot Lake Association and the representative from Plum Creek shall mutuauy choose the member. Middle Canyon Land Use Adviso Committee There is currently one (1) opening on the Committee. The terra will run 3 years, beginning January 1, 2008 through December 31, 2010. The applicant must be a resident of the Middle Canyon. Land Use Area. Rv ers Lake Land Use Advis= Committee There are currently two (2) openings on the committee. The terms would run 4 years, beginning January 1, 2008 through December 31, 2011. The applicants must represent the corporate timber owners or be State lease holders. West Valley Land Use AdvisoEy Committee There are currently two (2) openings n_gs on the Committee. The terms would run .3 years, beginning January 1, 2008 through December 31, 2010. Those interested in being appointed must be property owners or duly appointed representatives of businesses that own property within the district. The committee also needs a representative of the timber industry. Letters of interest including name, address, daytime phone number and qualifications should be submitted to: Mary Sevier Flathead county Planning & Zoning Office 1035 First Avenue, west Kalispell, MT 59901 In order that each letter of interest may be reviewed and/or interviews conducted, letters should be received. by 5:00 p.m. on. November 2, 2007. For additional information please call 751-5200.