1. Flathead Industries Request to Abandon Alley--------------
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. . ......... Past of€ice �o 997, Kalispell, Montana 59903 997 Telephone (406)758-?720, Fax 406}758 7 3 I
REPORT TO: Mayor and City Council
FROM: James C. I3ansz, P.E., Director of Public 0
SUBJECT: Request to Abandon Alley between Fourth Ave, " and Fifth Ave. wN
MEETING DATE: To be Determined (December 18, 2006)
BACKGROUND: Flathead Industries has requested abandonment of the south 150 feet of the
City alley lying between Fourth Avenue wN and Fifth Avenue wN so that they can proceed
with development of a new Thrift Store building. In accordance with the established City policy
for such. requests, all affected utilities, Kalispell Police and Fire Departments, and adjacent
property owners were contacted. No property owners objected. K.PID and KFD expressed no
concerns. Utility concerns were identified by Northwest Energy and Flathead Electric. In
addition a Kalispell sewer main is in the alley. Concerns centered upon ensuring adequate
maintenance access and/or relocation of the existing facilities. Through a City -facilitated process
of consultation and negotiation the complete resolution of all concerns was achieved. Flathead
Industries will grant permanent utility easements for the maintenance of all existing utility
facilities.
RECOMMENDATION.* Abandon the alley as requested.
ACTION REQUESTED: MOTION TO ABANDON THE SOUTH 150 FEET OF THE
ALLEY IN BLOCK 30 OF KALISPELL ORIGINAL TO WNSITE.
FISCAL EFFECTS; None
ALTERNATIVES: As suggested by the City Council
Respectfully submitted,
James C. Hansz, P.E. James H. atrick
Director of Public works / City Engineer City Manager
Attachment: Staff memo
December IS, 2006 Abandon Alley Flathead Indnstn'es.dac
MEMORANDUM
November 17, 2006
To: James Hansz PE, Direct r o Public Works
From: Fred Zavodny, rl
Re: Flathead Industries Alley A ent
Flathead Industries has acquired property on the east side of Fifth Ave. " between. Montana
Street and the railroad tracks to construct a new Thrift Store. Flathead Industries goal is to
construct a new thrift store that will benefit both the community and their clients. The initial
design concept proposed connecting the new thrift store to their existing administration building
directly across the alley.
In order to accomplish this, Flathead Industries petitioned the City to abandon the south half of
the alley that separated the administration building from the property acquired for the new thrift
store. This is a dead end alley that terminates at the railroad tracks. The petition was received on
April 21, 2006. In accordance with the City procedure for a right of way abandonment request,
all utility companies, all emergency service agencies, and all property owners on the block were
notified of the petition.
Northwestern Energy and Flathead Electric were the only utilities that responded. None of the
neighbors responded. Neither Police or Fire objected to the abandonment. Northwestern Energy
has a major arterial gas line in the alley and objected to the abandonment. Both Northwestern
Energy and DOT regulations do not allow for the placement of buildings over live gas facilities.
An option would be to relocate the gas main around the perimeter of the block. The relocation
would be at considerable expense to Flathead Industries. Flathead Electric voiced clearance and
accessibility issues. Overhead electric facilities and metering equipment would need to be
relocated at Flathead Industries expense. Until all of Flathead Electrics issues are resolved
Flathead Electric cannot agree to the abandonment. The City has a sanitary sewer in the alley
that would need to be addressed in the same fashion. Flathead Industries was notified of these
utility restrictions by letter on June 21, 2006.
It is not possible for Flathead Industries to commit to the costs and complexities involved with
relocating the utilities. Flathead Industries and their Architect went back to the drawing board.
On July 5, 2006 I was notified that Flathead Industries continues to seek abandonment of the
south half of the alley with the following restrictions. All utilities would remain in place. Swing
gates would be placed at both ends of the abandoned section to deter public traffic through the
alley. Utility vehicles would have access to this section of the alley at all times. A covered
walkway would be installed across the alley connecting the new thrift store to the administration
building. The primary purpose of the covered walkway is to provide safety and security for the
individuals they serve. At this time Flathead Industries believes that abandonment of the alley
would permit the new thrift store building to be constructed to the former alley property line.
This scenario would require the covered walkway to cross the new property line created by the
alley abandonment.
Flathead Industries
Page 2
All utility companies and emergency service agencies were notified of the amended
abandonment proposal. Northwestern Energy and Flathead Electric expressed accessibility and
maintenance concerns. Building and zoning were contacted. If the alley were abandoned the new
property line would be the center of the alley. Zoning regulations prohibit a covered walkway
from being installed across a property line. This abandonment request in itself would not permit
Flathead Industries to achieve their goals.
In order to bring all of the concerned parties together to resolve the issues a meeting was held on
September 6, 2006 in the Building Department conference room. Representatives from.
Northwestern Energy, Flathead Electric, Kalispell Emergency Services, Flathead Industries,
Flathead Industries Architect, Kalispell Building, ,honing, and Public works Departments
attended.
The following issues were resolved at the meeting. All underground utilities will stay in place.
Utility and emergency vehicles can continue to drive through the alley with no gates to inhibit
them. Construction and clearance issues for the covered walkway must be approved by all of the
utility companies and the Building and Zoning Departments prior to placement of the structure.
The issue of setback requirements and the covered walkway were discussed at length. As
previously mentioned, simply abandoning the alley would not accomplish the goal of permitting
the new building to be constructed to the original alley right of way. However, if the alley were
abandoned followed by an amended plat, the property lines could be adjusted in a manner to
permit the new building to be constructed as wished as well as permitting construction of the
covered walkway. An easement would be shown on the plat and granted by an additional legal
document declaring the former 16 foot wide alley as a perpetual utility easement. Everyone
present at the meeting agreed to this.
Accordingly, I am recommending the City of Kalispell abandon the south 150 feet of the alley in
Block 30 of Kalispell Original Townsite. As a condition of the abandonment, Flathead Industries
shall provide an amended plat which illustrates the adjusted property lines and declares the
abandoned section of alley a perpetual utility easement. Also, Flathead Industries will provide
the City with a legal written easement declaring the former 16 foot wide alley as a perpetual
utility easement.
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FLATHEAD INDUSTRIES' REQUEST TO ABANDON ALLEY
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