10-28-24 Work Session Agenda and MaterialsCITY COUNCIL
KCITY OF WORK SESSION AGENDA
ALISPELL October 28, 2024, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
See the bottom of the agenda to learn how to provide public comment
and watch meetings live or later.
A. CALL TO ORDER
B. ROLL CALL
C. DISCUSSION
Concerns with Downtown Traffic on Friday Nights
D. PUBLIC COMMENT
Persons wishing to address the council are asked to do so at this time. See the bottom of
the agenda to learn the protocol for providing comment.
E. CITY MANAGER, COUNCIL, AND MAYOR REPORTS
F. ADJOURNMENT
UPCOMING SCHEDULE
Next Regular Meeting — November 4, 2024, at 7:00 p.m. — Council Chambers
City Offices Closed — Tuesday, November 5, 2024 — Election Day
City Offices Closed — November 11, 2024 - Veterans Day Holiday
(No work session the week of November 11, 2024)
Next Work Session — November 25, 2024, at 7:00 p.m. — Council Chambers
PARTICIPATION
Those addressing the council are requested to give their name and address for the record. Please see the
last page of the agenda for the proper manner of addressing the council and limit comments to three
minutes. Comments can also be sent to publiccomment&kalispell.com.
To provide public comment live, remotely, join the video conference through zoom at:
htips://us02web.zoom.us/webinar/register/WN_iCVUerscQOad27D 1 MBx4Ow.
Raise your virtual hand to indicate you want to provide comment. Due to occasional technical difficulties,
the most reliable way to participate is through in -person attendance. Electronic means are not guaranteed.
Watch City Council sessions live with the agenda and supporting documents or later with documents and
time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos.
Watch City Council sessions live or later on Charter Cable Ch. 190 or via the City YouTube page at:
htlps://www.youtube.com/kcilyofkalispellmontana9632/streams.
ofkalispellmontana9632/streams.
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Kalispell City Council Agenda, October 28, 2024
The City does not discriminate on the basis of disability in its programs, services, activities, and
employment practices. Auxiliary aids are available. For questions about disability accommodation please
contact the City Clerk at 406-758-7756.
ADMINISTRATIVE CODE
Adopted July 1, 1991
Section 2-20 Manner of Addressing Council
a. Each person not a Council member shall address the Council, at the time designated in the agenda
or as directed by the Council, by stepping to the podium or microphone, giving that person's
name and address in an audible tone of voice for the record, and unless further time is granted by
the Council, shall limit the address to the Council to three minutes.
b. All remarks shall be addressed to the Council as a body and not to any member of the Council or
Staff.
C. No person, other than the Council and the person having the floor, shall be permitted to enter into
any discussion either directly or through a member of the Council, without the permission of the
Presiding Officer.
d. No question shall be asked of individuals except through the Presiding Officer.
PRINCIPLES FOR CIVIL DIALOGUE
Adopted by Resolution 5180 on February 5, 2007
■ We provide a safe environment where individual perspectives are respected, heard, and
acknowledged.
■ We are responsible for respectful and courteous dialogue and participation.
■ We respect diverse opinions as a means to find solutions based on common ground.
■ We encourage and value broad community participation.
■ We encourage creative approaches to engage in public participation.
■ We value informed decision -making and take personal responsibility to educate and be educated.
■ We believe that respectful public dialogue fosters healthy community relationships, understanding
and problem solving.
■ We acknowledge, consider and respect the natural tensions created by collaboration, change, and
transition.
■ We follow the rules & guidelines established for each meeting.
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CITY OF City of Kalispell
201 1" Ave E. P.O. Box 1997
KALISPELL Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)7757
REPORT TO: Mayor Johnson and Kalispell City Council
FROM: Doug Russell, City Manager
SUBJECT: Discussion on Concerns with Downtown Traffic on Friday Nights
MEETING DATE: October 28. 2024
BACKGROUND: Council has been receiving public comment related to traffic, noise, and
safety concerns related to traffic in the downtown, specifically on Friday nights. At a previous
meeting this summer, following public comment, it was requested that staff identify potential
avenues for response to these concerns.
While law enforcement has increased its presence and enforcement of traffic laws in the area,
concerns related to the traffic, noise and safety have continued. As part of the initial request for
identifying potential avenues of responding to the concern, we have reviewed legislation that has
been effective in other communities. Though legislation intended to limit congestion is not
unique to the three sample ordinances that are included with these materials, these three
ordinances provide slightly different methodologies in implementing the regulation of traffic.
The common concept within these ordinances is to limit the repeated passing of a designated
area by the same vehicle within a specific time -period.
At the meeting on October 28, we will present the concept of these ordinances to introduce the
topic and answer questions Council may have related to the concerns and potential legislation.
Should Council desire further consideration of an ordinance, we would then draft an ordinance
for Council consideration at a future meeting.
RECOMMENDATION: It is recommended that Council review and discuss this topic, the
sample ordinances, and provide staff direction for potential next steps.
ATTACHMENTS:
Billings Ordinance
Omaha Ordinance
Kirkland Ordinance
- CITY CODE
Chapter 24 - TRAFFIC AND MOTOR VEHICLES
ARTICLE 24-300. - OPERATION OF VEHICLES
DIVISION 2. CRUISING
DIVISION 2. CRUISING
Sec. 24-321. Statement of purpose.
This division prohibits cruising (the repeated unnecessary driving of motor vehicles) on certain highways. It is
found that a threat to the public health, safety and welfare arises from the congestion created by the repetitive
unnecessary driving of motor vehicles within the City of Billings. The purpose of this division is to reduce
unnecessary traffic congestion, as well as the resulting excessive air and noise pollution, the impact to the property
and well-being of neighboring residents and businesses, and the increased criminal activity. The city council
recognizes the right of the citizens of Billings to be free from unnecessary noise and air pollution, interference with
their property and well-being, and the unnecessary damage to public and private property caused by cruising.
(Ord. No. 93-4938, § 1, 10-18-93)
Sec. 24-322. Definitions.
[As used in this division the following words and terms shall have the meanings respectively ascribed:]
City administrator means the city administrator of the City of Billings or his/her designee.
Cruising means unnecessary repetitive driving on a designated portion of a highway.
Highway means the entire width between the boundary lines of every publicly maintained way when any
part thereof is open to the use of the public for purposes of vehicular travel.
Motor vehicle means a vehicle propelled by its own power and designed primarily to transport persons or
property upon the highways of Billings. The term includes any moped, power driven bicycle, motorcycle, motor
scooter, automobile, truck or other vehicle propelled by a motor of any kind. It does not include a bicycle that does
not have a motor.
No cruising area means any portion of a highway determined by the city administrator to be unnecessarily
congested due in whole or part to cruising.
Traffic control point means any point or points established by the Billings police department within a no
cruising area for the purpose of monitoring cruising.
(Ord. No. 93-4939, § 2, 10-18-93)
Sec. 24-323. Cruising prohibited.
Between the hours of 10:00 p.m. and 5:00 a.m., no driver or occupant of a motor vehicle shall pass a traffic
control point in a posted no cruising area more than three (3) times in any sixty (60) minutes.
(Ord. No. 93-4939, § 3, 10-18-93)
Billings, Montana, Code of Ordinances
(Supp. No. 63)
Created: 2024-08-01 07:32:07 [EST]
Page 1 of 2
Sec. 24-324. No cruising area designated.
The city administrator, taking into consideration the advice of the police chief and the purpose of this
division, shall designate each no cruising area.
(Ord. No. 93-4939, § 4, 10-18-93)
Sec. 24-325. Posting of no cruising area.
Each no cruising area shall be posted with signs providing notice placed at regular intervals on both sides of a
highway within a no cruising area. The beginning and end of the no cruising area shall also be posted. The signs
shall state:
"NO CRUISING AREA-10:00 P.M. TO 5:00 A.M. IT IS ILLEGAL FOR A DRIVER OR OCCUPANT OF A MOTOR
VEHICLE TO PASS A TRAFFIC CONTROL POINT MORE THAN 3 TIMES IN ANY 60 MINUTES WITHIN THIS POSTED
NO CRUISING AREA. VIOLATORS WILL BE FINED."
(Ord. No. 93-4939, § 5, 10-18-93)
Sec. 24-326. Exclusions from prohibition.
(a) The drivers of or passengers in the following vehicles are excluded from the prohibitions of this division:
authorized emergency vehicles; any publicly owned vehicle of any city, county, public district, state or federal
agency; taxi cabs for hire; any vehicle licensed for public transportation; any vehicle granted a written
exemption by the chief of police because passage of the vehicle in the no cruising area is necessary for
commercial or medical reasons; busses; hired limousines; and other business vehicles being driven for
business purposes.
(b) It is an affirmative defense that the driver of the motor vehicle exceeded the cruising restrictions due to an
emergency or immediate necessity situation.
(Ord. No. 93-4939, § 6, 10-18-93)
Secs. 24-327-24-340. Reserved.
Editor's note(s)—Ord. No. 10-5501, § 1, adopted January 11, 2010, repealed the former section 24-327 in its
entirety, which pertained to penalties, and derived from Ord. No. 93-4939, § 7, adopted October 18, 1993.
(Supp. No. 63)
Created: 2024-08-01 07:32:07 [EST]
Page 2 of 2
Sec. 36-149. - Cruising.
(a) Definitions.
(1) Cruisingshall mean the operation of a motor vehicle past a traffic control point three times
within a two-hour period, from 9:00 p.m. to 6:00 a.m., Monday through Sunday, in a no -
cruising area.
(2) No -cruising area shall mean Dodge Street from 69th to 87th Street, and West Dodge Road
from 87th to 96th Street, or an area so designated by the city council by resolution, and
posted to identify it as such.
(3) Traffic -control point shall mean any point or points within a no -cruising area established by
the police division for the purpose of monitoring cruising.
(b) Exceptions. This section shall not apply to:
(1) Taxicabs, buses, or other vehicles being driven for business purposes unless the intent is
specifically for cruising.
(2) Authorized emergency vehicles as defined in this Code.
(c) Designation of no -cruising areas; posting of signs.
(1) The city council may, after public hearing thereon, designate a no -cruising area if it finds that
cruising in the area contributes to traffic congestion, noise and pollution; obstructs streets,
sidewalks or parking lots; impedes access to and egress from shopping centers, stores or
other buildings open to the public; or interferes with the use of property or conduct of
business in the area adjacent thereto, or contributes to unlawful activity.
(2) The public works director, after a traffic study or request by the chief of police, designate a
no -cruising area if he/she finds that cruising in the area contributes to traffic congestion,
noise and pollution; obstructs streets, sidewalks or parking lots; impedes access to and egress
from shopping centers, stores or other buildings open to the public; or interferes with the use
of property or conduct of business in the area adjacent thereto, or contributes to unlawful
activity.
(3) At every point where a public street or alley becomes or provides ingress to a no -cruising
area, there shall be posted a sign which designates the area as a no -cruising area between the
hours of 9:00 p.m. and 6:00 a.m., Monday through Sunday.
(d) Cruising prohibited.
(1) No person shall drive or permit a motor vehicle under his care, custody and control to be
driven past a traffic -control point three times within a two-hour period, from 9:00 p.m. to 6:00
a.m., Monday through Sunday, in a posted no -cruising area.
(2) No violation shall occur except upon the third passage by the same traffic -control point within
the aforementioned two-hour period.
(e) Penalty.
(1) In lieu of a fine or imprisonment under the general penalty provision, a person may be placed
on probation for 120 days. The probationary sentence shall require the individual to not
operate a motor vehicle for 30 days within the city during the 120-day probationary period.
(2) The court shall immediately advise the police department of the probationary restrictions.
(Code 1980, § 36-149; Ord. No. 38306, § 1, 11-25-08)
Chapter 12.29
CRUISING
Sections:
12.29.010
Definitions.
12.29.020
Designation of traffic congestion area.
12.29.030
Cruising prohibited in traffic congestion area.
12.29.040
Penalties.
12.29.050
Exemptions.
12.29.010 Definitions.
............................................................................................................................................................................................................................................................................................................................
(a) "Cruising' is the repeated passage of a motor vehicle on or across a portion of a street or way open to
the public.
(b) "Traffic congestion area" is any portion of a street or way open to the public affected by traffic
congestion caused in whole or in part by cruising, and declared to be a "traffic congestion area" by the chief
of police or his or her designee.
(c) The "chief of police" means the chief of the city police department or his or her designee. (Ord. 3251 § 1
(part), 1991)
12.29.020 Designation of traffic congestion area.
.................................................................................................................................................................................................................................................................................................................
(a) The chief of police may declare all or a portion of a street or way open to the public to be a "traffic
congestion area" when:
(1) Traffic congestion has slowed average vehicle speed to less than one-half the posted speed limit; and
(2) The congestion significantly interferes with passage of vehicles being driven to and from locations
within the area; and
(3) The congestion is likely to prevent or substantially delay emergency vehicles from responding to
locations within the area, or from passing through the area; and
(4) The congestion is caused in whole or in substantial part by cruising.
(b) When a street or way open to the public is designated a traffic congestion area, officers of the police
department shall post signs identifying it as a traffic congestion area and notifying drivers that passage of a
motor vehicle more than one time in the same direction within a two-hour period is a violation of law.
(c) The designation of a street or way open to the public as a traffic congestion area shall remain in effect
for a period of four hours, unless withdrawn earlier or extended for additional four-hour periods by the
chief of police. (Ord. 3251 § 1 (part), 1991)
12.29.030 Cruising prohibited in traffic congestion area.
......................................................................................................................................................................................................
No person shall drive or permit a motor vehicle under his or her control to be driven within a posted traffic
congestion area in the same direction more than one time within a two-hour period. (Ord. 3251 § 1 (part),
1991)
12.29.040 Penalties.
_.................................................................................................................................... ................
Violations of Section 12.29.030 are punishable by a fine of not more than one thousand dollars or by
imprisonment in jail for not more than ninety days, or both such fine and imprisonment. (Ord. 3251 § 1
(part), 1991)
12.29.050 Exemptions.
.............................................................................................................................................................................................................................................................................................................................
This chapter shall not apply to:
(1) Any publicly owned vehicle of any city, county, public district, state, or federal agency.
(2) Any vehicle licensed for public transportation, including but not limited to buses and taxicabs.
(3) Any in-service emergency vehicle.
(4) Any vehicle being driven by a resident of the traffic congestion area, or any vehicle being driven within
the traffic congestion area for necessary commercial or medical reasons. (Ord. 3251 § 1 (part), 1991)
The Kirkland Municipal Code is current through Ordinance
4880, passed August 7, 2024.
Disclaimer: The City Clerk's Office has the official version of the
Kirkland Municipal Code. Users should contact the City Clerk's
Office for ordinances passed subsequent to the ordinance
cited above.
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