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1. Resolution 5265 - Street and Alley Abandonment - Flathead High SchoolCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758,7708 Fax 406.758.7771 charbal l(ai,kal ispell.com SUBJECT: Resolution No. 5265 - Street and Alley Configuration at Flathead High School MEETING DATE: Tuesday, February 19, 2008 — Regular Council Meeting BACKGROUND: The City staff and the staff from School District 5 have been working together to resolve some mapping and transportation use issues at the Flathead High School site. Over the years improvements at the school have been put in place and the mapping has not kept up with actual uses. The current map shows alleys that do not and can not exist to serve as alleys given the configuration of the improvements. The roadway in front of the school, Fourth Avenue West, that has served as a street and school staff parking area is owned by the school and is not a City owned and maintained street. It is the desire of the School District that the alleys be officially abandoned to the School District and that Fourth Avenue West, or some portion thereof, be converted to a landscaped area. RECOMMENDATION: That Council consider the City staffs recommendation that the subject alleys be abandoned and pass Resolution No. 5265 to abandon said public right of way to School District No. 5. FISCAL EFFECTS: None, other than the costs of publishing and recording the Notice of Abandonment. Respectfully submitted, Charles Har all, City Attorney es H. Patrick, City Manager Car Count for FHS & GHS 2007-2008 (10/07) Spaces % of Permits % of pus Total Issued Total tudents staff Total On Cam _ GHS 888 130 1018 879 86% ? ? FHS 1621 150 1771 409 23% 549 31 °I 2/28/2008 r..ar Cniintc 30-Nov ° school 17 an ° school 27-Feb % school 329 32% 354 35% 369 36% 543 31% 520 29% 648 37% Other Data Points: 03--2005 City/FHS Conversation estimates 40% students drive, 100% staff 03-2005 Parking Survey 56% grades 10-12 drive, 12% grade 9 drive, 100% staff 04-2005 Survey of FHS students said 969 of 1464 drive (66%) Pr acted Carr Count for FH & GHS(2008-20091 (10/07) Spaces % of Permits % of Students Staff Total On Cam us Total Issued Total GHS 1200 140 1340 879 66% FHS 1300 140 1440 400 28% r.nr Cnnntc 30-Nov ° n & school 17 an % �_ school 27-Feb %jg school 0% 0% 0% O% 0% 0% Comments: 1) Will lose 112 of the seniors (around 300) This is the highest % of student drivers rein the 40%-60% range). 2) Based off this number we should see the parking load drop by say 50% of 300 or 150 cars daily. 3) Will lose around 10 staff who are counted at 100% parking so the parking load should drop by 10 cars daily here. 4) Combined we estimate we should see anywhere from 125 to 160 cars a day no longer needing a place to park at FHS. 5) if we are seeing 550 to 650 cars parking on or neat FHS now that are staff/students/visitors and we drop by 125 to 160 then we might estimate that next year the average daily parking count might range from 390 to 525. 6) To look at this another way if we use current % parking rates we might see at FHS say 35% of 1440 or 500 cars needing a place to park, RESOLUTION NO. 5265 A RESOLUTION TO ABANDON PORTIONS OF 5TH ALLEY WEST, 4TH AVENUE WEST, AND 7TH STREET WEST AND CONVEY THEM TO SCHOOL DISTRICT 5. WHEREAS, the City of Kalispell owns parcels of land in Blocks 91 and 92 of the Kalispell Original Townsite, which are further described in Exhibit "A" attached hereto and incorporated fully herein by this reference; and WHEREAS, various improvements at Flathead High School have changed the configuration of certain portions of 5th Alley West, 4th Avenue West and 7th Street West; and WHEREAS, School District 5 requested that the City of Kalispell abandon, discontinue and convey those certain portions of those roadways to School District 5; and WHEREAS, notice of said request was published in the Daily Inter Lake on the 6th and 13th day of February, 2008; and WHEREAS, on the 19th day of February, 2008, the City Council of the City of Kalispell held a public hearing to hear proponents and opponents on the abandonment and to further determine any action that would serve the public interest; and WHEREAS, all necessary public utility easements are located elsewhere in the vicinity, and no public utilities exist within the alleyway hereby abandoned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Those portions of 5th Alley West, 4th Avenue West, and 7th Street West, as described in Exhibit "A", are hereby abandoned and discontinued and conveyed to School District 5. SECTION 11. This Resolution shall take effect immediately upon passage by the City Council and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF FEBRUARY, -1008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT `A" A portion of Fifth Alley West located in Section 18, Township 28 North, Range 21 West, P.M.M., described as follows: Beginning at the NW corner of Lot 1, Block 91 of Kalispell Original, records of Flathead County, Montana, thence southerly on and along the east boundary line of Fifth Alley West to the SW corner of Lot 6, Block 91 of Kalispell Original, thence westerly on and along the north boundary line of Seventh Street West as platted to the SE corner of Lot 7, Block 91 of Kalispell Original, thence northerly on and along the west boundary line of Fifth Alley West to the NE corner of Lot 12, Block 91 of Kalispell Original, thence- easterly on and along the south boundary line of Sixth Street West to the point of Beginning. A portion of Fourth Avenue West located in Section 18, Township 28 North, Range 21 West, P.M.M., described as follows: Beginning at the NW corner of Lot 12, Block 92 of Kalispell Original, records of Flathead County, Montana, thence southerly on and along the east boundary line of Fourth Street West to the SW corner of Lot 7, Block 92 of Kalispell Original, thence westerly on and along the north boundary line of Seventh Street West as platted to the SE corner of Lot 6, Block 91 of Kalispell Original, thence northerly on and along the west boundary line of Fourth Avenue West to the NE corner of Lot 1, Block 91 0£ Kalispell Original, thence easterly on and along the south boundary line of Sixth Street West to the point of Beginning. A portion of Seventh Street West located in Section 18, Township 28 North, Range 21 West, P.M.M., described as follows: Beginning at the SE corner of Lot 7, Block 92 of Kalispell Original, records of Flathead County, Montana, thence westerly on and along the south boundary line of Lot 7, Block 92 of Kalispell Original a distance of 80 Feet, thence southerly and parallel with the east boundary line of Fourth Avenue West as platted a distance of 48 feet, thence easterly and parallel with the south boundary line of Seventh Street West as platted a distance of 80 feet to a point on the west boundary line of Fourth Alley West, thence northerly on the along the west boundary line of Fourth Alley West a distance of 48 feet to the point of Beginning.