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