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I4. Reso 5943 - Updated School Zones/ 312 1,+ Aver Ea�1 — PO 13ax, 19 9 7 MT Sq q03 TeitfA,o ,te (406) 758 -7780 — Fa x, (406) 758 -77q q p—ma,LL - kVA@kzLLv p—e-a cow, Striving to Exceed Expectations' REPORT TO: Doug Russell, City Manager FROM: Chief Doug Overman SUBJECT: School Zone Designations MEETING DATE: September 3, 2019 BACKGROUND: In the capacity of the Kalispell Police Chief and pursuant to MCA § 61-8-310, I am requesting that the Kalispell City Council, by resolution, establish and update School Zones and speed limits in the following school locations: Kalispell Middle School: Three Mile Drive approximately 400 feet east and west of Hawthorn Avenue. The speed limit designation through the school zone will be 25 mph from lam to 5pm, Monday through Friday. See Exhibit 1. 2. Edgerton Elementary School: Whitefish Stage Road starting approximately 400 feet south of Winchester Street and continuing north to 400 feet north of Mission Way, an approximate distance of 6,500 feet. The speed limit designation through the school zone will be 35 mph from lam to 5pm, Monday through Friday. The speed limit on Whitefish Stage Road can only be adjusted after MDT performs a speed study. See Exhibit 2. 3. Linderman Alternative School and Flathead Special Education Center: 3rd Ave E starting at 4th St E north to Center St, 2nd St E starting at 2nd Ave E to 4th Ave E, and 3rd St E starting at 2nd Ave E to 4th Ave E. The speed limit designation through the school zone will be 15 mph from lam to 5pm, Monday through Friday. Current MCA §61-8-310 (1)(d) allows local jurisdictions to set decreased speed limits in this school zone. See Exhibit 3. The City has consulted with the MDT's District Official and they are in agreement with the proposed school zone and speed limits. Once the School Zones are established, the Department of Public Works shall install the appropriate signs to delineate boundaries for the traveling public. RECOMMENDATION: It is recommended that Council pass Resolution 5943 in order to establish school zones and speed limits in the above listed locations. ATTACHMENTS: Resolution 5943 MCA, Title 61, Chapter 8, Part 3 8/28/2019 61-8-310. When local authorities may and shall alter limits or establish or alter area of school zone, MCA MCA Contents / TITLE 61 / CHAPTER 8 / Part 3 / 61-8-310 When local a... Montana Code Annotated 2017 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. https://leg.mt.gov/bills/mca/title_0610/chapter_0080/part_0030/section_0100/0610-0080-0030-0100.html 1/2 8/28/2019 61-8-310. When local authorities may and shall alter limits or establish or alter area of school zone, MCA (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. Created by LAWS https://Ieg.mt.gov/bills/mca/title_0610/chapter_0080/part_0030/section_0100/0610-0080-0030-0100.html 2/2 RESOLUTION NO. 5943 A RESOLUTION DESIGNATING CERTAIN PORTIONS OF KALISPELL STREETS ABUTTING THE SCHOOL PROPERTIES OF KALISPELL MIDDLE SCHOOL, EDGERTON ELEMENTARY SCHOOL AND LINDERMAN ALTERNATIVE SCHOOL AS SCHOOL ZONES AND SETTING APPROPRIATE SPEED LIMITS THEREON FOR VEHICULAR TRAFFIC. WHEREAS, pursuant to the terms of MCA §61-8-310 the City of Kalispell may designate portions of streets adjacent to and approaching schools within the City of Kalispell as school zones and to regulate the speed of vehicular traffic traveling thereon; and WHEREAS, it is prudent from time to time to study traffic patterns around schools to determine if the established school zones and designated speed limits are set to provide the level of safety appropriate to roadways near the activity of children; and WHEREAS, for this purpose, the City of Kalispell Department of Public Works has conducted the necessary traffic studies on certain portions of streets adjacent to and approaching the Kalispell Middle School, the Linderman Alternative School, and, in consultation with the Montana Department of Transportation, the Edgerton Elementary School; and WHEREAS, based upon this information and pursuant to MCA §61-8-310, the Kalispell Chief of Police, in consultation with Kalispell School District 95, seeks to establish the school zones and speed limits as set forth below; 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 establish those school zones and speed limits as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That roadway approaching the Kalispell Middle School and described as that portion of Three Mile Drive approximately 400 feet east and west of Hawthorn Avenue shall be designated as a school zone and the speed limit therein shall be signed and enforced to be 25 mph from lam to 5pm, Monday through Friday. Exhibit I attached hereto and fully incorporated into this resolution illustrates the location of the school zone. SECTION 2. That roadway approaching Edgerton Elementary School and described as that portion of Whitefish Stage Road starting approximately 400 feet south of Winchester Street and continuing north to 400 feet north of Mission Way, an approximate distance of 6,500 feet, shall be designated as a school zone and the speed limit therein shall be signed and enforced to be 35 mph from lam to 5pm, Monday through Friday upon the receipt of approval from the Montana Department of Transportation. Exhibit 2 attached hereto and fully incorporated into this resolution illustrates the location of the school zone. SECTION 3. Those portions of roadway approaching the Linderman Alternative School and Flathead Special Education Center and described as 3rd Ave E starting at 4th St E north to Center St, 2nd St E starting at 2nd Ave E to 4th Ave E, and 3rd St E starting at 2nd Ave E to 4th Ave E shall be designated as a school zone and the speed limit shall be signed and enforced to be 15 mph from lam to 5pm, Monday through Friday. Exhibit 3 attached hereto and fully incorporated into this resolution illustrates the location of the school zone. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF SEPTEMBER, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk NOW -AVz Z WI-1 zidS )HOS 3NOZ loo N O O m m -q FT, m END SCHOOL ZONE SCHOOL SPEED LIMIT 25 7AM-5PM MON - FRI � N O O -T-1 P-1 fTl FS( HOOL SPEED LIMIT L?�5j ST BLVD FA- WHIT 11W1-1 a33dS SPEED LIMIT 7AM-5RM MON - FRI N O O O CD fTl �Nn7 - T -NOW Ow Lo Lo -W`dL CD= � � z •. -T1 ti m. m JOHOS W U n/ U) yS E T QrrJ 0\/F N a cn m � UQ r C7 O r n �m = Z m = l�0 0 p r (JI m O - r N O 0 FT, m I OZ 10 HOS N3 4th AVE E SPEED LIMIT 5 7AM-5PM MON FRI 2r0 FEET a N z O m p r