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REPORT TO:
Doug Russell, City Manager 01-�
FROM: Interim Chief Wade Rademacher
SUBJECT: Airport Road School Zone
MEETING DATE: October 1, 2018
BACKGROUND: In the capacity of Interim Kalispell Police Chief and pursuant to
MCA § 61-8-310, I am requesting that the Kalispell City Council, by resolution, establish
a School Zone on that length of Airport Road that abuts the parcel owned by the Kalispell
School District 5 on which is situated the newly constructed Jeannette Rankin Elementary
School. The subject parcel has been annexed into the City and the school is now
occupied with students and teachers.
Airport Road is under the jurisdiction of the State of Montana that had previously set the
speed limit for this portion of the roadway at 45 miles per hour. Upon the opening of the
school the State lowered the speed limit for this portion of the road to 35 miles per hour
pursuant to the formula set forth in MCA §61-8-310 (1)(d). The City may request that a
traffic study be conducted to determine if the speed can be further reduced, but it must
first establish this portion of roadway as a designated School Zone.
Once the School Zone is established, the Police Department and the Department of Public
Works will consult with the School District and the Montana Department of
Transportation to coordinate the steps necessary to consider a future reduction in the
speed limit for that portion of roadway.
ATTACHMENTS: Resolution 5902
MCA, Title 61, Chapter 8, Part 3
RESOLUTION NO.5902
A RESOLUTION DESIGNATING THAT PORTION OF AIRPORT ROAD ABUTTING
KALISPELL SCHOOL DISTRICT NO.5 PROPERTY CONTAINING THE JEANNETTE
RANKIN ELEMENTARY SCHOOL AS A SCHOOL ZONE.
WHEREAS, Airport Road, a street located in the City of Kalispell, is under the jurisdiction of
the State of Montana Department of Transportation (MDOT); and
WHEREAS, Airport Road abuts a parcel owned by the Kalispell School District No. 5 and within
the City of Kalispell on which is situated the newly constructed Jeannette Rankin
Elementary School; and
WHEREAS, upon the opening of the school MDOT lowered the speed limit for this portion of
the road from 45 miles per hour to 35 miles per hour pursuant to the formula set
forth in MCA §61-8-310 (1)(d); and
WHEREAS, the City of Kalispell may request that a traffic study be conducted to determine if
the speed should be further reduced, but it must first establish this portion of
roadway as a designated School Zone; and
WHEREAS, the Kalispell City Council hereby finds that it is in the best interests of the public
safety of its citizens and guests to request a traffic study to determine a safe speed
for this portion of Airport Road.
NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI1E CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That portion of Airport Road within the City of Kalispell that abuts the
Kalispell School District No. 5 property containing the Jeanette Rankin
Elementary School is hereby designated as a School Zone.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL, THIS 1 ST DAY OF OCTOBER, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
TITLE 61. MOTOR VEHICLES
CHAPTER 8. TRAFFIC REGULATION
Part 3. Vehicle Operating Requirements
When Local Authorities May And Shall Alter Limits Or Establish Or Alter Area Of School Zone
61-8-310. When local authorities may and shall alter limits or establish or alter area of school
zone. (1) If a local authority in its jurisdiction determines on the basis of an engineering and traffic
investigation that the speed permitted under 61-8-303 and 61-8-309 through 61-8-313 is greater or less
than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the
local authority may set a reasonable and safe limit that:
(a) decreases the limit at an intersection;
(b) increases the limit within an urban district, but not to more than 65 miles an hour during the
nighttime;
(c) decreases the limit outside an urban district, but not to less than 35 miles an hour on a paved road or
less than 25 miles an hour on an unpaved road; or
(d) decreases the limit in a school zone or in an area near a senior citizen center, as defined in 23-5-112,
or a designated crosswalk that is close to a school or a senior citizen center to not less than 80%, rounded
down to the nearest whole number evenly divisible by 5, of the limit that would be set on the basis of an
engineering and traffic investigation, but not less than 15 miles an hour. If warranted by an engineering
and traffic investigation, a local authority may adopt variable speed limits to adapt to traffic conditions by
time of day, provided that the variable limits comply with the provisions of 61-8-206.
(2) A board of county commissioners may set limits, as provided in subsection (1)(c), without an
engineering and traffic investigation on a county road.
(3) A local authority in its jurisdiction may determine the proper speed for all arterial streets and shall
set a reasonable and safe limit on arterial streets that may be greater or less than the speed permitted under
61-8-303 for an urban district.
(4) (a) An altered limit established as authorized under this section is effective at all times or at other
times determined by the authority when appropriate signs giving notice of the altered limit are erected
upon the highway.
(b) If a local authority decreases a speed limit in a school zone, the local authority shall erect signs
conforming with the manual adopted by the department of transportation under 61-8-202 giving notice
that the school zone has been entered, of the altered speed limit and the penalty provided in 61-8-726, and
that the school zone has ended.
(5) Except as provided in subsection (1)(d), the commission has exclusive jurisdiction to set special
speed limits on all federal -aid highways or extensions of federal -aid highways in all municipalities or
urban areas. The commission shall set these limits in accordance with 61-8-309.
(6) A local authority establishing or altering the area of a school zone shall consult with the department
of transportation and the commission if the school zone includes a state highway or a federal -aid highway
or extension of a federal -aid highway.
(7) A local authority shall consult with district officials for a school when:
(a) establishing or altering the area of a school zone near the school; or
(b) setting a speed limit pursuant to subsection (1)(d) in a school zone near the school.
(8) A speed limit set on an unpaved road under subsection (1)(c) must be the same for all types of motor
vehicles that may be operated on the road.
(9) The violation of a speed limit established under subsections (1)(a) through (1)(c) is a misdemeanor
offense and is punishable as provided in 61-8-711. The violation of a speed limit established under
subsection (1)(d) is a misdemeanor offense and is punishable as provided in 61-8-726.
History: En. Sec. 43, Ch. 263, L. 1955; amd. Sec. 1, Ch. 89, L. 1971; amd. Sec. 57, Ch. 316, L.
1974; R.C.M. 1947, 32-2146; amd. Sec. 2, Ch. 614, L. 1985; amd. Sec. 1, Ch. 686, L. 1991; amd. Sec.
1, Ch. 213, L. 1993; amd. Sec. 3, Ch. 287, L. 1995; amd. Sec. 5, Ch. 43, L. 1999; amd. Sec. 198, Ch.
542, L. 2005; amd. Sec. 2, Ch. 83, L. 2009; amd. Sec. 1, Ch. 204, L. 2011; amd. Sec. 7, Ch. 393, L.
2013.