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.