Loading...
03/03/08 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7: o0 P.M., MONDAY, MARCH 3, 200S, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM ATK.INSON, IARI GABRIEL, TINT KLUESNER., BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Public Works Director Jim Hansz, Assistant Chief of Police Roger Krauss, Fire Chief Randy Brodehl, Planning Department Director Tom Jentz, Planner II Nicole Johnson, and Recording Secretary Judi. Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENI]A APPR.O VAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL l . Council Minutes — Re ular Meetin — February 19, 2008 2. Ordinance 1633 — Text Amendments — Subdivision Regulations --- 2nd Readin The Planning Board is recommending several housekeeping amendments to Kalispell's subdivision regulations along with changes made by the State to the Montana Subdivision and Platting Act regarding minor subdivisions and park land requirements. ordinance 1633 passed unanimously on first reading February 19. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. C. STUDENT ISSUES Done. D., PUBLIC COMMENT None. Kalispell City Council Minutes March 3, 2008 Page 1 E. PUBLIC HEARING -- KALISPELL AREA TRANSPORTATION PLAN 2006 UPDATE This public hearing is to hear public comments on the Kalispell. Area Transportation Plan 2006 Update which addresses the City, plus an area up to three miles beyond the City limits. Mayor Kennedy opened the public hearing. Eric Hummel, attorney for Wolford Development, expressed several concerns referred to in written statements by attorney Marshall Murray and transportation engineer Kathleen Krager. (Written statements are attached and by this reference are made a part of the official record) Hummel encouraged theCouncil Council to compare the transportation plan with the growth policy because he feels there are many areas that are in conflict. Charles Lapp, 3230 Columbia Falls Stage Road, said he has several concerns with the plan including assumptions about population growth in the County. In addition, he said a Capital Improvements Plan needs to be implemented, and there are too many scenarios listed which can affect the whole transportation grid. Lapp remarked that his main concern is with implementation and he encouraged the Council to create a joint plan with the County. Denise Smith, Flathead Business and Industry Association Executive Director, stated FBIA members are concerned that the document only addresses the needs of projects that are already in place and does not create a vision for the future. She said FBIA's three main priorities are the LaSalle/Conrad connector, a Highway 93 North corridor study, and Whitefish Stage/Rose Crossing. She encouraged the Council to network with the County and Whitefish to continue the bypass further north, to question whether the level of service counts are accurate, and to determine if the stated costs are true costs. Smith concluded by requesting that the plan be tabled for further analysis. George Culpepper Jr., Northwest Montana Association of Realtors Government Affairs Director, disclosed that he serves on the Eagle Transit Board but is not speaking on their behalf. He read a written statement. (Written statement is attached and by this reference is made a part of the official record) Jerry Reckin, 160 Ritzman Drive, remarked that he serves on the Impact Fee Advisory Committee, but tonight he is speaking as a taxpayer and a homeowner. He said he is gravely concerned that growth is not paying for itself and the costs are falling on taxpayers' shoulders. Reckin urged the Council to approve this plan as soon as possible, adding the document has been thoroughly studied and careful consideration has been given to the entire plan. Mayor Kennedy closed the public hearing. Kalispell City Council Minutes March 3, 2008 Page 2 F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F11. ORDINANCE 1634 --- ILLICIT STORMWATER DISCHARGE REGULATIONS -- 2ND READING The City is required to implement a Storrnwater Management Program which includes regulations for Illicit Discharge Detection and Elimination. ordinance 1634 passed on a seven -to -one vote February 19. Larson moved second reading of Ordinance 1634, an ordinance establishing regulations controlling the introduction of pollutants into the City of Kalispell Municipal Separate Storm Sewer System (MS4) in compliance with the requirements of the Montana Pollutant Discharge Elimination System (MPDES) permit process, establishing penalties for such illicit discharges and declaring an effective date. The motion was seconded. Saverud moved to amend Section 14 by replacing "City Council" with "Municipal Court" to read: "Any person receiving a Notice of Violation may appeal the determination of the City Director of Public Works. The notice of appeal must be received with ten (1.0) days from the date of the Notice of Violation. Hearing on the appeal before the Municipal CourtCU314 Cam "Al shall take place within twenty (20) days from the date of receipt of the notice of appeal. The decision of the Municipal Court �``1Yr''chnip ���� shall be final". The motion was seconded. Saverud commented even though the City Attorney mentioned at the last meeting that sometimes these issues become political, this issue should not become political and the Municipal Court is very Capable of handling the cases. He said this would allow Council to deal with legislative issues. Hafferman disagreed stating the ordinance is overbearing on the public and he does not want to see "search and seizures" for a relatively simple problem. He said there is a need for an ordinance but the City shouldn't make a criminal case out of a simple problem. Olson spoke in favor of the amendment. Larson stated there are many times the Council acts judicially, and there are many different appeal processes before boards rather than courts. He emphasized that people feel they have more control over the outcome when they are before a board. The amendment failed upon roll call vote with Atkinson, Kenyon, Olson, and Saverud voting in favor, and Gabriel, Hafferman, Kluesner, Larson, and Mayor Kennedy voting against, There was no further discussion. The main motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman voting against. Kalispell City Council Minutes March 3, 2008 Page 3 F12. RESOLUTION 5265 — STREET AND ALLEY ABANDONMENT -- FLATHEAD HIGH SCHOOL School District 5 has requested that certain alleys around the Flathead High School be abandoned and that a portion of 4th Avenue west be converted to a landscaped area. Resolution 5265 was tabled February 19. Larson moved to remove Resolution 5265 from the table. The motion was seconded. The motion carried unanimously upon vote. Harball gave a staff report and answered questions. Olson said his concern is for the residents who live around the high school and can't park in front of their houses. He stated the current parking situation is not acceptable and asked that this discussion be held one year from now when supposedly half of the drivers are at Glacier High School. Mayor Kennedy asked Chuck Cassidy, School District 5, to address the parking issue. Cassidy stated SD5 is constantly looking at ways to reduce their parking problems and their figures indicate there will be approximately 1.50 less cars next year as half of the seniors will be at Glacier High. He said they are continually looking at real estate for more parking and their goal is to continue a dialogue with the City and neighborhood. The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, and Atkinson and Olson voting against. F13. FINAL PLAT -- SILVERBR.00K ESTATES PHASE 1 This is a request for final plat approval of Silverbrook Estates Phase 1 which includes 107 single- family residential lots on 73 acres on the west side of Highway 93 approximately three quarters of a mile south of Church Drive. Gabriel moved Council approve the final plat for Silverbrook Estates, Phase 1, accept the Subdivision Improvement Agreement and approve the PUD agreement. The motion was seconded. Johnson gave a staff report and answered questions. Harball answered questions. There was no further discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes March 31, 2008 Page 4 G. MAYO COUNCIL CITY MANAGER'S REPORTS No Action Mayor Kennedy announced there will not be a work session on Monday, March 10, because she will be out of town as well as Randy Kenyon and Jim Patrick. Larson suggested Edna Beggs' 90th birthday be celebrated with a plaque in appreciation for her family's donation of Begg's Park. Patrick informed Council that he is working on legislative appropriations for an indoor firing range and fire training center. H. ADJ[ URN The meeting was adjourned at 8:15 p.m. ATTEST: J V� Theresa White City Clerk March 1.7, 2008 Kalispell City Council Minutes March 3, 2008 Page 5 KALVIG & LEDUC, P.C. KEN A. KALVIG ken@kalviglow.com ANGELA M. LEDuc angie@kalviglaw.com MARSHALL MURRAY marshall@kalviglaw.com ERIc S. HUMMEL ericakalviglamcom Kalispell City Council P.D. Box 1997 Kalispell, MT 59901 ATTORNEYs AT L.Aw Southfield Tower 1830 3rd Avenue East, Suite 301 Kalispell, MT 59901 February 27, 2008 P.O. Box 1678 KALISPELL, MT 59903 PHONE: 406-257-6001 FAX: 406-257-6082 Re: Kalis ell Transportation Plan 2006 Update) -- Public Comment Dear Mayor Kennedy and Kalispell City Council: I have analyzed the final review of the Kalispell Area Transportation Plan (2006 Update). The basis for my analysis comes from over 50 years of legal experience, serving as Kalispell's city attorney, and being a member of the Committee responsible for drafting Kalispell's most recent transportation plan in 1993. Before I started nay analysis, I made the following assumptions: 1. The City/MDT contracted with a reputable and competent expert. 2. The engagement agreement with your expert would be followed to its logical completion. 3. The final Kalispell Area Transportation Plan (2006 Update) would serve as the foundation for future transportation planning and as an amendment to the Kalispell growth policy. 4. The Plan includes impact fees which are being considered, and which, in part, would be based on the foundation of the 2006 update. 5. The 2006 update would be accurate (the term used for the materials to be gathered for the report is "verified") or at least substantially accurate so that the recommendations to the City and MDT could reasonably be relied upon in future planning. 6. Since multiple jurisdictions are involved, they would be clearly delineated among City, County, and MDT. Mayor Kennedy Kalispell City Council February 27, 2008 Page 2 of 4 Based on these assumptions, and because it has long been my experience that to evaluate a product submitted by an expert one needs to also know what was contracted for, I obtained a copy for engineering services for the 2006 update, dated April 18, 2006, (and two amendments) between the City and Robert Peccia and Associates, and the final draft of the 2006 update. In addition, I reviewed several of the reports, guides, and reevaluations referred to in both the contract and the 2006 update. In my opinion, the report is incomplete because it does not contain all of the information contracted for. It is inaccurate because some of the information has obviously not been verified. It is inconsistent in certain areas that should have been addressed -- if only to furnish to you and MDT the very serious nature of right-of-way acquisition in some of the proposed improvements. Let me detail these matters to you in very brief fashion: 1. With respect to incomplete information, the report fails to address the problem of hazardous materials being transported through the Kalispell area (except in cursory fashion). It does not assess truck problems in any detail. Nor does it reflect the collection of historic crash data for the last three years or identify locations with a high level crash frequency or severity, except intersections (even though road corridors are identified in the contract). 2. The report also fails to delineate public or TAC input in any detail. Although this may not be a matter of contract, it certainly is a matter of legal significance. 3. with respect to inconsistency, the report indicates that it does not furnish any information relative to right-of-way acquisition costs. It does identify some areas where right-of-way acquisition is involved, while at the same time failing to recognize other areas where right-of-way acquisition would be an extreme problem due to high costs, perhaps even costlier then the improvement figures that are noted. If this document is to be used as a plan, it should at least be noted that there are severe right-of-way acquisition problems with many of the recommendations which may make those recommendations not viable now or in the future. The same comment can be made to major infrastructures such as bridges. 4. with respect to verification of information, one need only review Figure 39, Land Use Forecasting -residential, to recognize that at least one of the density areas is completely wrong. Figure 39 notes that the number of dwelling units for the area encompassing Stillwater Estates (northwest of Highway 93 and Reserve) is 300 dwelling units. I represent Stillwater Estates. I have reviewed their covenants and the deeds to the subdivision. There are only 128 lots in the entire subdivision. The information used for land use forecasting in the plan is not accurate; nor has it been verified. I do not know the explanation for the discrepancy, but it leads Mayor Kennedy Kalispell City Council February 27, 2008 Page 3 of 4 me to question the accuracy of the report. It also mares me question the underlying data upon which impact fees are being based. If the Plan states that a particular land area has 300 dwelling units when there may be less, then growth projections are incorrect. If growth is not correct, then there will be less traffic and less need for added infrastructure and traffic impact fees. It is important that that data included within the 2006 plan be accurate. The 2006 Transportation Plan update is an integral part of the Kalispell growth policy. The council is currently considering traffic impact fees, and much of the data included in the Transportation Plan will serve as the foundation for the implementation of transportation impact fees. In addition to the foregoing, there are other areas of considerable concern that I noted, because I have been involved with them for a number of years: MSN3 - Grand View Dr. extension from Grand View Corner to whitefish Stage Rd. There is no data explaining how the cost of $2,865,000.00 was arrived at, nor any recognition of the extreme right-of-way and infrastructure problems that would be involved in this project. I have been advised that the bridge to cross the Stillwater River would be a multimillion dollar project in itself. If right-of-way and bridge costs are not addressed in the project, how can its feasibility and prioritization be considered? MSN9 Rose Crossing — Hwy 93 -- Junior Interchange - There is no data to support the design, the cost, or the right-of-way problems associated with the project. Since the west side of Highway 93 is not presently intended to be developed, hove will such a structure be beneficial? MSN21 Evergreen Dr. --- whitefish Stage to LaSalle Rd. This particular recommendation is so confusing that it is impossible for me to determine what is intended. The project recommends a three -lane road between whitefish Stage and LaSalle Rd. There is no discussion regarding the severe right-of-way problems which face the project. The description of the project on page 9-2 states that the project extends from LaSalle to Helena Flats. The project description on page 9- 10 states the project extends from whitefish Stage to LaSalle, but recommends that Evergreen be reconstructed from LaSalle to Helena Flats. The project description should be clarified. MSN 24 Conrad Dr. connector. This was the No. 4 priority in the 1993 report. There is virtually no recognition of the significance of that priority, nor the significant effect it would have on downtown traffic if it were constructed. Considering the relatively minor costs of this project when compared to the westside by-pass, it is a major oversight to fail to address these issues. I also note the following problems: The report does not include toll roads as a financing alternative. The report does not address whether traffic calming measures will cause added air pollution. Mayor Kennedy Kalispell City Council February 27, 2008 Page 4 of 4 - The report does not address existing traffic problems in downtown Kalispell (the purpose of the 1993 report) and how downtown truck traffic will be relieved. - The report does not coordinate with Flathead County. Flathead County has retained Robert Peccia and Associates to prepare a transportation plan. The city and county should coordinate with one another to prepare similar plans which contain the same facts and underlying recommendations. - The report does not address whether the proposed west -side bypass should be extended farther north. - According to page 2-13, intersection LOS (level of service) was calculated in the summer of 2006. Summer is the busiest time of the year in Kalispell. Other times of the year, intersection LOS may be different. Should year-round transportation needs be based on traffic counts that may only exist for three months of the year? - The report does not address accidents caused by wildlife. - The report does not address issues related to traffic noise and mitigation. The Kalispell Planning office has made noise mitigation a condition of subdivision approval for property adjacent to the proposed bypass. This policy should be included in the plan. The report does not address implementation. If the report is going to be useful, it should explain the process and provide a timeline for when its goals will be implemented. As a final note, Y understand that there is a connection between Chapter 10 of the Kalispell Growth Policy 2020 and the 2006 plan. It remains unclear which document controls transportation issues, and I find no record of reconciliation between the two documents in the event of an inconsistency. Based on Montana case law, it is important to ensure that growth policy documents are internally consistent. I urge the council to consider the above concerns and to return the plan to the Kalispell Planning Board for further deliberation and consideration. MM: mmj Yours Truly, !PW Marshall Murray S AW\ WolfordlGacier Town Center\Transportation Plan\Mayor Kennedy - City Council 02-25-08.dot ger a rid, Associates, Inc. 899 Logan St,reet, Suite 210 DenveryColorado 802,03-3154 (30) 446-26,26 FAX (303) 446-02TO Mayor and G i ty Go Lj n cilo rs City of Kalispell PO Box 1997 312 V4 Avenue East Kalispetl Montana 59901 40 758 r 7701 Dea r Mayo r Ken ned y a rid C ou ncii lore - On behalt nf the WoId Deve-lopment. I have revieweci the Kalispell Area Transportation Plan (2006 Update), prepared 'by Riohart Peccia & Associates, Kalisp 1. An area transpor- tation p la n is n n i m portn n1 found ation to r f utij re t ra nsp o rtratio n fac i I I t i e S p I a n n'i ng - a nd therefore, a ears fifl revip.w is appropriate to obtain the best results pos-sible. Bra scdonmy review. I ol4e, -r the f o- Ilow i ng c-om mc-,k rats: 1. Analysis of Existing Signalized Interse. ftons j was somewhat surprised by the aria lys 1 s of tratf Lc operations at exists rig s i g n a I ized i ntersectio n s and the n umerou s inters eefions wh 1rh wcrrn, shown to be op-c;rating at a poor or failing level of service, My experiences in dri-ving around Kalispell did not indicate the poor operrat[cin,s Ella %v ere shown wiithin the analysis. A review of the actual Highway Capacity Software a na llysis sheets for ea ch i.ntersectio n i mA i cantes that th c major"Ity of to i I P n g i ntersec- tions are currently firreid with excess'vely long signal cycle lengths C cl I y e lengths currently in use vary tromp 91 seconds per cycle% to 200 econds per cycle A vehicle enter" rig an interseefion with i- ?OG-secand cycle, may have towait three minutes for R green I -i g h t eve n with no oth e i, ve h icl es wa -1 t i ng Typica I cycle lengths used in whan areas range from 70 secondsto 120 seconds per cyc1e These cycle ten, gths llovi nough timi th e vo,lu me of traffic: th rou, g h the n terse ctfio n w-tho. u t aeeto maxmize c a u �,7-� i n gr axcess 11 ve delays, A Isn, , the existing cyc. le- lengths along ciorridors vary .g r ea y F ci r exam p I e, ran H i g, h wA y 93, th P, cycle le n gith for the Costco sig n a I I sr--conds J`he cycle length torthc,- Home- Depot signal is 126 semnds, and the cycle length at the Reserve Strn.et -stgnal is 1.57 sewnds. These signals are within one - ha I I ml le e)t P.;ich oth P. r, ;; n d s h o u ld ha ve th e same cycle- length . so t'ha t th es i n a 1, S can be; �r;P&JrLLrdinated to tmprove traffic flow on Highway 91 The Area Transportation P1 a n d oe's not ad d ress th P. se signal ti rn ing pro In le rn s. and leads the re a to aSS Ll R1 e th at th re re a re ca parity prob lem s at ea ch i n tersest i o n I m p rove d sig n a I I A cycle le ng; h isth time flof, a comPlete seque n ce of signal i nd i ca tio n s i e_ 99 e- ,, i m e. r-rum, the slad of a green phase to the staf t of the re. xt 9 roe. n, phase for t I le sa inn. H pprnaig.1 i Mayor Kennedy and City Cou-ited= Oty of KafispeW wy �. 2008 Page 2 t I m i n g a nd. a coord mate te d sig n a I system cots ld g re atly 'I'mProve t h cj f I ct vv of traffi c t h rnt.j 9 h Ka lis, pel I 2 1 Demand Forecastipr - - i I he Area Transportation Plan provides a Year 2030 t raff I c rn od e I for the recom r7i e, n d ed plan , well as n u meroi-ts s ce n a nos . VV hi I e po. rfectian I,,; not possi ble whe. n to ro) c.f-j �Mi`ng futu re 'tram I c. the M 0 re acco, rate the Modpfl, theP.;;sier It will be to (j-.%P, the model in trAffic impact AnAlysis Acurisory review of the model in the area of NO FO-7, Kalispell rndicates Several problems. The :rn, o d ca I ind it te s a I A I r9a veh- - c . usag e. n n R - serve D ri betw. een H ig hway 9 3 a nd le �e II Whitefish Stage Road. A w,ith the. other del runs indic-ates that this volume is too high by at 1r-u;t 10,,,UUU vrftcles per cmy. Similarly, the volumes on U S H ig hway 2 nort h of R cfrve. D- r i ve a p pen r to. be too low by app rox i mately 10, 000 vein icles. pe r d ay:, Also,, a se. �ond .,i, ry st rc- of s y ;try rn is s hown in the area ;:',vf Gla cleT Town Center, but no traffic va[Limes have hn identiti(�,d"with this% street system Traffic VOILJMe-S c,;hoij1d be assigned to the second;qry ',,'tre.-0'.t system,, which will red u r.e. traff 1c on d) f--,i r ii I le I roadways, 1-n pa rticular o ri VV h h St ag e Road a nd Highway 1,13 3 EstimatedCosts The Area Tranisportaton Pia ri provides,;Ir, c.-stimatad cost for each of the. recom me rid ed street i m p rovements, Howeve r I rvr-,'rL%J no w n III costs were provided, it is difficult to determine rf thecosts are realisti(-. rhe tj�nit cost infor- mation should be, provided in an apperidix so that it could ho rtz."vt� . A-1so, the costs do not Include estaimatied cost-,;- Mr right of way acqitisition. I understand that it spni-lation plan to P.Stimate right of way rn ny not bei t . n h f n t r e scope oa a rea -,i, n -L costs, horwever, ldenVylno th(:5.. approxim I i - ate amount of right of way tak'ng, the land use desIgnation of the right of vv.-)y tak[ng, and any improvements on the- right of way wo u I d be usefu I to the rea d e- r I t is I n a pp ro p hmate to let ! I i n reader assu m e that 3 $50 0. 000, 00 P IF OjeCt With 1`10 r i g [It Of may P Ll rch ace is the same as a $ 50 0, 0 00, 00 'r oject with exte nsive rig ht of' vv;ay purchases a n d re I I ores, I recomm e Pid-th -a t 0 -1 e Ka I Ispe I-1 Ai -ea Tra nsportetio n Plan b e tj peat d to Ad d re. ss these defir tent area s a n d 1) e f e- lea sed for pu b I is review a.nd c,,omment before hr(---.. 1 n g a p r. rn.vM by t h e Ka I i spe I I C Ity C o Li ri ci 1. 'Th I s, 'is a n Im po rts nt and e xpe ns ive p r.oj e ct to r t h 0, G I1t.V of Ka I I ss. pe, I I to u nd e rtake- e and ther-ne additional revision,,; are neaded to prow thir--� Clity with an e II sT-ve them well , a i'e ea I: ra nsportabon, pla t h a t II w Si r ty, Kathleen L Krager Transportatioii Engineer I I REALTOR"' Northwest Montana Association of REAlTORS10, Inc.. 110 Cooperafivo Way Kalispell, Montana 59901 www.nrnar.com February 28., 2008 W C1, ty Council CIO Ci ty of Kal i k%, Imp 11 3 12 1 st Aven uc F a-st Kal is pcl 1. M T 5 9901 Off Ice (406) 52- 13 Fax (406) 752-7834 nmar@mlsnmar.com RF,AJ, H WS /C lh-L' FIC"CLI to sustain and enhance the. I e qual i ty o I' 101 erij qualit oved bv M w of (in t'ktI 114", 6161 /V 1'1.'% C 11 L. 1'5 C Ve We can bu i [d better com m unit I es by s- ttppo rt i rig y g row(h and see k iti g utm -L i'L 11 �L 1 1 1 c ewnom i es and housi rig, oppo rl unt es IN 1 ,2 rn, hrave t li e c n \ ironmental qvial ines we cherish. while protecting a pro Pert v own er's a hi 11 10 OWTI. V UDC_ h LIV. and. se I I property. R S * don't j ust. se I I hom es-. we sel I com in tin 1 ties - \VC sel 1 Qua I 1 1. 11 -V C .1-Cat C L I I ilLe Qual i ty of Life Program to ed Lic ate. p rov i de tools. de velop P0 Cie s" lice 1 1. I egisi I ZL I 10 11 .Ind enhance the overal I R EAL TOR'.9- i rii aele. 0 fir fit v e Qua I it y of Li I'L� a Princil-LI ;_­,, h, - I �)< elected officials , nd the ct -mumnes, it large.,. uend rrmand whai- we are about. Quafi(y of Life Principles Protecting Proper[% ()N% ners j1% R EALTL UNS hclievc di"I'l 1) F I vale property rid fits areN run dameii tat to our free- mark el L ova econom Ic sv.s- (e n, i and a co i I i c rst.one upon which this mi i i (in m'as 11) u nded. The U n ited r States and Montana Consfituuons recoginize and prowct 11IL! 111411LIFE'll right lu o,%lrrn properly. A strotig econoniv depends upon preserving the right to 1'reC1%' (A-VIII , U'Se -Lmdiransfcr real pry Perl,k Ensuring Economic Vitallh, REA IL'I%ORS-:R hc h L I Nre a stro ii g, ec oI io ti I -LN I i h fii I I em p loym e i I; t Cor our e j t zees WF t hro ugh-o-tit the. state rermai n s t1i es-, i n kP I e biggc_s i ke �- LO 0 U r (I L1 163 111 V of I i fe. A healthy Etr v 0 L , 0 1" '[ _ _ 6 eC0jjt)TjjrVsusiains vihrant communities or ]VIII'll, 'Mid -workimL.)', Commercial. industrial and residential growth. tirl 1,11.1711. INUSNIalms a licalt1w Lzeroriotiiv_ F-conomic development bri nos ne Nv o pport u n i tip and i in proved q Ual I ty o,f I re, ror c it residents by increasi ng, j6bs, to blISC. PUTC11USi n1:17 po wer& d i i ers I ty, ava NO abi.1 its of goods and servicep, and offering community rci'lialization and irnprovement., An hicreased tax are is crucial to go cmmcnt'� a b i I its to de I i N -cr -ii cc c isisar� 1) LN C % i i A:VS;. IlOV ZQ11V11i ties for neighborhood.s, and mai,ncoi ii i n1)-a_qtrtjci L11V 10 _-Ner� V 11111: 11L:QJ`- 0 I'(11C COMMU-111ty. Prov it n g H o us i n g 0 ppGrtu nific.S I L t [.4 L, he corner1 n s 1 (-1c, ol'thc .\nirin ccaDream and REALT1 O-11 S *' he le ve home owners1i 1 es es a pre llerred place In OLIV -q% iww o t'val ues. I 1 (1111 L: k) %i ii c r.sh i p c u ntri h Lites to cornni un i ty resi-xi n_q i Im I its ,- cil VIA.. �C(fl I m I I I C_ L b us-iness, W1 d c, ni 1-jl oyrn en t stab i I I ty,.& fanii ly L n A J %ni an d a ffordabic ho using SLICUrity and well being. ve ry L t IC11 11-vi the 'ght -� C tO -1 L dece near where they work, shop and phLiv. and that chi ;wc in sty le and loci ation s critical to inctc-tasing home ownership. F tirt he rrmrc. tl%�sc objix(lvesshoc ld he met thmugh tarp eti- driven approaches that foster a �% lldv­r{w;pc of urban. SUbpi j_h_Ljn -Ind rural houging choices at al 1, price leve I s. Accom modating 6! ro -,. �'i I i relieves pressure u n hoc i ng Prices and provides increased opportunitlesf(A- 1wmL:L_iwner:shiP. Preservi'ng 0 u r E nvi ron in en t -e I I I %LL MUMI ro n me nt o ffers to lZEA[.,-FOR.S1X recogniz lie nwred-11 I fi fl1at MOntalla S T It enN L o State�S Cit IZCIIS -are. we reCOjPtjI 7-C' c n pen space and our , . N.irtherm, the i t ortan e of park i lie env i ronnient to our q cal ity o f I I fe and therefore the marketah i I it y ot surrounding 1:iro pe rty - 4'o maintai n o u r regi on Is quaff 1 ty o f ] I fe and to protect the, envirorimcni. Ri ; EAL I'ORSO� support policies that encourage conservation and WSe U;0 Of natural L resources and Crit 1cal areas through incentivesanal sufficient compensation- In order to pantt the environment effectively. REALTORSeke befieve go-verriment niust accornmodate q.rat itV COMMercial,industn'al and residential groxkih using innovative de :SI Ing 'C planning tech niiqiies. w i l e roc ognLizing the importance of locat I I ()n I . pri to propert% rights, and the value of a health econorn' Y ic sector and atiainable hwu-oownership opporl LL I I I I I eS%. 1-3 u i'l d I n g It v I ter Co m m u ni fil-CS 1� i M'A L YO R S k% b c 1 ieve collitit u _6cs flourish best when they offer a high qcal 'ty of life at ill TC46t:%_()31f11b1c ctist. Livable conlIT111,11.1tIC.'i 011Cr a variety of affordable housing choices. nciarb- eniplo� nurat opportunitICLL.. i cal ly viahle commuer-cial sector. good schocils.. safe neighborhoods. qual-tiv PUblic S1CF%1ICCS,, a-111ple recreation -and park areas. V opun space, efflicient transportation ,N�slcrn�i. and the [nJ'rastFUCtUrV that provides the frame �Lvork- it) the quality of lifer we enjoy in our communities. To promote livable Communities, governments shotild encourage Ua l i ty growth thro-ugh polici nthy es S u.L funding 1ransportation and infra strLieture (;roads r %,vater'. selxer. etc.) that provides the ftmewark ftir a community's quality of lifc. and lays (he CSNCntial g9roundwork for 41. h accommodating quality COM'Mercla 1 idustrial aild residential growth- To prov[de good 11 vable commun i ties. a gLW 1 ran spo'llaflOrn p I a n i ii usl b eil n P I zlcc. Accordi n Lp to a 20 17 Growth and Transki rt -at i oil Si Lidv and i i k: ted by 11 A! I c Opi nion S't r-tic L, i es it r t he N at i onat A ssac I awo n o I'R EA LTOIR S'�R. 111 I -CC- JI) L Wt 11S, 0 J' A me riclfns %L lic 11 cv L,- i11,11 i m p ro v I n g P Ll 111 i C i ran srwi riat ici n a, n, d bti 5 1,, 11 F k 1. 1 i 1 1 L r�c r Ll C I C 10 P;11 L',' 11 ( ii rL� better. c r M11 NO I LI 6 011 S 11011- red i i c i ii traffli c �coagest 1 on t 11 zi n 1-11. 111 d 111 L-P wadi,,;. ik-1 ore than 70 i rc COTICeMCLI mw Wi t I I h th and developv�iciii k. i- 1TtI CcsgubLtl -warrimig, Thc perccT11 L & proposed Kalispo-11 Transportath 16.-1 Plan doe sn� t gL,l rk'If L:11OL11 III to address the riccds of a long tcrm solut' g con nor addresLses the -L% 'fic of I are; I LCC&A. to fiu nd the rccornmendatiLms- We believe tht� 1'.011owirig ftcms need to bc researched rurther and add ressed before the C i ty of Ka I i spel I a pproves this p Ian. Robert Pecciaand Associates havc bccn asked wcondL[Ct aTransi,portation plan J'Or dieCit%- of Kalispell. City and the COUMV oft'lathead. Yet* there is no ment.1cwing of hov., all thrcc plan.-s cLuild work- together and � �� � � I lOb rm a L reglonal transportation plan. [0 Hichaic hox% the US 93 Bypass could alleviate qome of K a I i spel I's concerns. '111 c (Ni' Ka I's-pe I I N% ii 11, he d cc i d i ne to i I - L, dopf ilici r -Is .1 1 -13i rth i ng"� stag-e o- 1' t lie i r Plan on M13rch 3' rhe Ckv of Whim'sli 's in the m Franspon -mi on Plan and the Countv frl L 1, 1 t h c - L i d wH I lie develo pi ng t he r r 1) Li j i b v r the end o f 2008 K� gr I n n I ng of 2001) 11, tliivk2 kioverri4mems shotild work tkIkletlier to provide a rk g, 103 1 1,11 transportation plan iLd i i c 11. add resses 1 lie n ced s o teac li. I `� i r example. a coo im %�"3(h� standard fiv traffic Noise AhatclimiI -should bi�! L cc,)nsidcrcd. Cijrrewt%,. -�orvw Ivirisdictions are hers and land$C r aping and ,;nme me thirty foor wal Is.. Hi is Cr4-Aes har&hipts- for developers not knowing w1kii wil I 1);� r ['L:Lqmn.�s one plan. tile. C askt�_d 1'0r.iThe o u nty req u i res a d i erent plan and t lic �� LS"tate req ul res- a t h 1 rd I ane-.Ni . I n sence. a ne w c, on) 111 L L i ii t alo ng city. COUJJ'JrjI)kl L -1 a j state latlLi!S COUP rd SU" 11CMIS'L %valls and treysW tlj1 j t I I I 1� cs of each other due to different noise abatement recIt6remenu , • With roc crit developments in expanding the City Alyrw-ri. this plan does not take i at account ways to i n c rose the needs o I'die, (711 k A i j o r G I actor I wernationa I A i rpori - To Kv e I' cc tive, this plan CA,\ N o'j' be a road transpartat lon p. I an. I t In ti �_,t c ons, i d er a] I modes of tmnsp OT t,kj d i (in -.-. buses 6. a ii r and p %I " ' [I the neerds 6 -1r hetter InO m sporlat Loll. ossibly rail. As Ow rL:�1011 gTO,%V.,S, SO NVI • A five. ten and t h ii rt v ea� plan or benc hma rKJ n g sho t i I d be consi dered. As t -he com rn tin i ty g ro %%s. %ve wi I I he's] T) to sec all I I I � r!1LZj m:1 I I L S Cn1 r rep do rins, pec i al Iy since the baby boomer gencration will begm t-o rL~tire. The Clk- Nhog, ld consider safety stops for Eagle 1ransit .:and increase C(limiliter bus rO11k:SL Seniors and people with d i sabi I ii t ie s need access to emplome.m. soc ial ac t i %I i. I es - Vfi nppi n g. medical treatments and mariv other accommodatinns L W"th(jLjt a 1 -,711: day a wcc� Commuter bus system. they and other ci tizens L; -an not enjoy Qua-li i\ of Life we all cherish. R�- ofl'cring alternative modes of mnsportation, such as frequent bus routes,. this 0 1.11 (1 c tit. do�sqi on i ra fric and p rotes t ou r envi ronment. Th I s wou I d a] so serve as a dvic rrLmt. d u ri n t-P th e su nimer, rnonths. du e to surnmer to url Lsm . C I t izens prefer to h vv i ri va co ni ni is n i hat i s wa I kab le or attafii alp I e w"thou t spend i ng more d rne. i n As FRIPLL[ati011 in Krallspalj and the regi 4 on grk.ms.. the need for adequate parkin I I i-1 c iv,Li se at CX i-S tj� ng� r J-�Ljl'j 11 h' - transportation plan Ic P accs i Ls w and pub-l' I L doe ss not drs;cuss the need 6or increased V_ -LAHILP SIRMUNS Or lots along these jktmenide_,�. 11v including new parking spaecs or, structures. this would provide pQ,.e, L arkini,l l'or a U %3j- allin a reason.,7iblc -�szlkiu -distance. This would create twG .410 1 U1j011 S - FOLI LLC L? �:_P 11 (Tlk�st i on o n st i,L:L:,l ess]lcc i al I y d uri ng s urnme r man ths, as- C_ W -people wa I k fro rjLj I c 1 c atio n toIca tj on -,i nkk I ii c c the anion nt -of ire hic I e pO I I Lit ion aTid ern Iss i o ns i nto t tic- atmos phere. Per.N1 on i ana (_"Odc Anni it �'V k: d (1 1 -33 -:562- k I I J C I. � C 11,1 C 1CZ.; ( I I year, s, or, older) ca perm,illnently 'reg i si crek 1. Accord i ng to the Ell N i R) 11111 Tent Canada, -"'in 2007, an e%_-,'tiin-LLioJ 5) million, old, vchicles (model year 194) or older) are still in, use. out of L L 101i) 111 VVJ of 18 jjjj I I i on personal vehicle-s. It I 's es i I i -i iated t hat n a r 1 3 ni i 1, li1. on Of eaV I hcb_�e 41 I d cr '%, ell I Iles wi I I sli I [ be tin the road i n 1.0 IL U_ I Base %-'e h is I es pr�,,� d ate, current, j nore wingen t cm i scions standard s. so that x% I i i I o I 17 cv 'Ll C U 1) LL 111 r less than. one-third of personal vehicles in the study., they ckn-1rihu[C U[I I0 two-thirds OIL SjjJ()g lorrn i ng col I utants." There fore. 1�%-Rh no mechan i sm i n p 'L J' Ld:d04'. J okh�r-LAe %-icles on the streets and the nvironmental ' TnPaCj they r 'a�L'Sle d UC_ to their. age., Kafispell"s roads (and air) Lll't'Cr the niost. The City of Kalispell should take the lead in addressing this issue by requestinc, the state of Montana to change (tic statute to require ernisston testing and rf,,gist rat ion on L11 I % -eh icles. A porilon of the fe-CS Site U Id conic back to the C i ty and County fo r use (k and S road and trzLnsportation iniproirerbent s. RMInfliguring trafflc 'is another _ssuc. For ex-arn, ple. by having all north boui,id and IL�h turn 1-c-nics precede together, then all LL-.'outh bound and lcft turn lanes toge dw r ' this NWL11(l _6 a back -up, on t� w iliain arterials. Left tum lanes dO 1101 104.Ld I h enou t I i % t�b i k: cornj)a red to t i. i-ne as to we i: o turn i nd �s hen the s ra L h t wit L i!- i -i I -L in L sing a through tr LJ I I 1-k '4"' kA: d I reloads and over'llow cri-xiends caU r' tract on i i i Io t% Other il i -i,J i i I'l 1 1,; 11ti-I I! k I" .,1 .1% 1 -4% erc . L Ld L! ,A 1 1 t i n i signals near Target amd Costco: bo1 'iA 1'1' !111 Eas[, � ilh-iL io, West ll Vaey.- h an East and. additional East 'A �:.A ;,LM 1 [L". k L.i 11! 1 JtS I L 1 1) traffic fl owing,, Control SL ignal at West Bypm-. s) ri cIL'A. ro I 1�i I I A Rwv 2 and Woodland i'L I Di'i L_. Rec011,..Lj'UCt1un of Springereek and Hwy 2 West. Finally, 'in con sidCrarli011 ofthe needs related to too rdinating CffOTtns bomween the cities and county - a I I transportation modes; future growth: t raffic fl ow and poic nti a I J'Ces for an income source- %%,,e request that the its Council send this back to the Planning Board to adidress the. points nientione d iahcwi, I �l 4l 1-1 [-, -% ' z, 1 1'(, r vour con side iL-L t -1 C Irl I - Culpepper. Jr. CioN emment AtTairs Director Nollhc s t KI o man a Assodat i on I , ofREALTORSx + 400 CDO L y � 3 rM0VON %mms 0 �: ro L 0 0 a 0 MONO LM 0 M�d OF 0 MONO > 0 LM AW 13 m E om ME MONO Lm NO E E IMMMMM r. E �EMMMM 0 •- miaLM M MONON Nam �C; � E � OLm N 0 o • S LM Q L. v MW cn 1. 0 rm 0 MON „ .� � •- to EMMMM B. EMMMM 13 . Em a�E IN Lo E 013 1. *a 0 m C11-� m m °, U m L- 'U O O O U) E O O O U) _U) m O Q O 0 0 a� 0 U c O 0 s — u 0 O to Q m > ca s '� O m E s > E o O c � u o — O � — 0 0 0 N o ON 0 V L o 00 Lo 0 >1 Lo CL ' U) .- o�-+ }_� ■ _ +-a O �•� °EOn U L � 0 CL E L 0IZZ ° 0 -� Q W L 4-a os �_ CL s W CLOD°E M ° O r. L a, E i 0 a a, 0 O L U) �> j L _ O � a O or CL 0 M to LO LO sso M l M 0 0 0 0 0 0 0 0 0 .. p O • � N N LOO � U (1) m LO L N C Q O� LOE Q N N o a� M 0 LO M 00 ° E O 0r. .� O O � O 0 ■ }, U) U o �+ 16m O _Oa)U . — — OO U) �C '0 �E�o � 0- (� O �) c� �~ o � -0 4-1 ��0 ��0 (D a) 4� ._(3) .M�„ V� CL — O � O IZ- �+ IZ-O 0 L O O � O O }, >' 0) ' — .� O O0 E O .� > (n E (� `a O U) 0 O O E > +� — 'L) o V > ch 0 c r r.L O I o� o 0 0 0 0 0 O Ir--II (D "t M N N N N r-- 0I O O m 0 4-a LO a., ON Q M N NINO NOINON 'O***NO 101%N0 'a** -NO co M O O O cfl Z cfl cfl cfl co O O oo4-j �-0 p O, m00*4 tmo o �.� I` O O o O O C� O >' — V L 4� O LO v ._o0 4-, �E°� p-0 o a� •— a� �Lo �O U U Q E 0 OC) i O)O O w O OE E L v (n O O O O �� L ' L OOP L)4-1 0 cm �1 to N V ° _ E �= E Cj) O (n v t� p co co o 0 47 co co M co m old m 0.3 j 0-0 cn 0 v m m 0 M a m ' — '� 0 '0 O p Q 0 0 � Q � O t ca O c � cn 0 - '� 0 v 00 � ca U) CL O N 0 4� > �E>0 0 O U ' •0 = U O .E �. p L L p0 O L to _ O O • T) X L m cn .— p C) o .E > L0o_00� a�� =�(� O s U � � � Q 0 AW x m w > U) �L6 > L m����� L 0-0 F- a� o 0 Do o 0 o �� > �■■r 0 0 o��� ._ LU 00 -0 �0)°L- r MdW Q •0 >M� 'E��'� 0 � m E " O v 0 v m � O E O M M O m � O � Z '— LO �0 00 0 M }' 0 m O i r 0 1*.. 0 _ a� r. o 0 m i 0 � •� '� 0 0 m � � _O t) LO LO O Z c 0 ca N M� LM rML cn (10 _0 O � O � o •L 4 O U) Q U) Z3 O D O EZ cn O > O >, O O Q U = O0 M U O O � cn O 0 O O o 0 °, 4-1 o 0 (� O E O o�� V) 0 0 CL oseor >%-t CD 0 0c � v � O �o E 0 v) cn 0 E 0 00 o Cl) 0 z V n 0 r. 0 0 O CL CLti }' 0 0 a� 0 L CL CL 13 0 L u., L s ,E L�J > O L. CL CL_ell a O �o 0 0 CL CL CL a� � O cn -- 0 N CL .� o� m E O cn 0 M M \ \ \ �\ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO CO � O O O O O O 00 00 I� ' I` ti LO LO LO LO LO��� O O 0O1 ,:1- 00 � o r � LO� ca o o C= }, � � I � 0') CD �= -0 Q O O i � � �0 00 O w_ Q o Q E (D (D:3 O� o m o z� 2 O z— Q U- Q z — 0 0 0 0 0 1 0*- 1 0*- 1 0*- 1 01- 1 0*- ' 1 0*- 1 0*- � 0 I 1 0*- 1 0*- 1 0*- 1- �o 0 O IO O O M M 00 00 00 00 00 Co Co Co Co Co Co Co Co Co Co U-) U-) U-) U-) U-) U-) U-) O O '� O + Lf� O -1--i 1O O LO 00 00 CM 0 � O a)•- >O > � t� O O < cm 0 3: cm 0 U + E O �'a > -i J I cm � a)U U E U0 (D� OC: E O> f 0 > L,:,- O.0 O E O E O o O O }' c C6 c O O O O U m a_ =OQ=��3 O Cm O a)O � D ZCD O Q 3:3 0 CO !� t� CO CO o � o � ^ o O M 0 o N O 00 o O(f)r 00 Ntii; O '� LO O � o CV ^ \ 00M LO U. m %"MOO Q O Lo 0 o O o 10 � J � 00 LO o � LO LO Q LO o CD � LO Z LO %"moo ■� LO W d 0 L J O U) e 0 O N to ON x%ft LO O U � 0 0 '> �. Ll O LWL ■ U }' O O O O ��l O &- 0 _O 4-1 Ozi 0 L m 0 7r 0 > ■ � � ca O cn cc 0 O L > °� }� L }i O U L (� ■� U O 0 o � L � L 0 � o O)o � U) 0-00) c� ca 0- ;) o ■ ■ (6 U 3: � � O � U FM - o0o O o o c*4 n n O O P. O O O .N 0� E 0r Z 00 cn tb, w" >% 0 o O o . �ti O 0� }' O cn .� ■� � O L ■� L E L (n O O Som MOMMEN 0 ca Lm U) U) � O L 0 0 L o . 4- a ' L_ �� a U 4) ■IMMEM CL O 04) 4 'C: X L � O O L � }' O 0-0 md ca 0 N :E m x M W 0