Confusion continues over planned Whitefish River bridge

A planned bridge over the Whitefish River and trails that connect to the path along the river as part of a major mixed-use development have hit several snags. The Whitefish City Council has discussed the plan involving the Whitefish Yards project at 95 Karrow Avenue several times.

The council met with developer Casey Malmquist in a work session previously and spent time during two council meetings discussing the issue.

The initial confusion was between the developer and the city and concerned who would pay for the trail improvements that are on BNSF Railway land. A second problem arose with the Montana Department of Natural Resources and Conservation, and the requirements necessary to apply for an easement for the bridge.

At its Aug. 21 meeting, the council directed city staff to meet with DNRC and BNSF to try to reach an agreement.

“What I would like to see happen is that we direct staff to make this a priority in the short term, given the amount of money that is already invested in this potential bridge and figure out whether it is ever going to be possible,” said Councilor Frank Sweeney.

The project has been in the works since the council approved the preliminary plat and planned unit development for Whitefish Yards in January 2018. A pedestrian bridge over the river was among the proposed improvements, along with offsite trails on the north and east ends of the project connecting to the existing trail network.

While the bridge and trails were always part of the plan and had been reviewed and approved by the city when the engineering plan was submitted, both the developer and the city realized that there is some confusion about who would be responsible for the construction and maintenance of the offsite sections of trail.

“Clearly there is a gross misunderstanding,” developer Casey Malmquist said. “But what I would like to focus on is, how do we come up with the solution.”

The section of trail in question would link up with the existing BNSF Loop Trail. Whitefish was required to obtain a license in 2005 for the Loop Trail and the new connector trail will require a new agreement with BNSF.

Prior to the Aug. 21 council meeting, the city experienced another misunderstanding, this time with the DNRC.

According to Whitefish Public Works Director Craig Workman, the DNRC requires a permanent easement for the bridge to be constructed over the river. In addition, a permanent easement or ownership of the land itself, must be secured from BNSF before DNRC will consider the proposed bridge application.

“DNRC will be issuing an easement for the airspace … between the bridge and the river for the construction of the bridge and for that to be issued or even considered, we will need more than just a license from BNSF,” Workman said. “We will still have some cost implications to discuss at some point, but I’m not sure it’s worth having that conversation at this point until we can get over this first hurdle.”

Before the most recent hitch, the costs for the project were presented. The BNSF license includes an $800 application fee, a fee of $3,700 for issuance and an annual fee, which will be determined upon issuance.

The engineer’s estimate for the offsite trail construction is $382,000, which includes approximately $230,000 in retaining walls. The future maintenance cost for the offsite trail sections has not been estimated.

Both BNSF and DNRC are requiring that the city be the permittee for these improvements.

Earlier in the month, Whitefish Mayor John Muhlfeld said he wanted to find a way forward. He said the developer has invested significantly in trail design.

As it stands, the city staff is preparing to work with DNRC and BNSF to see if the bridge and the trails can be constructed as planned.

“Timewise … it’s probably going to move pretty slow,” Whitefish City Attorney Angela Jacobs said.