5. Ordinance 1640 - Heritage Way Parking Restrictions - 1st ReadingChaves A. Harball Office of City Attorney
City Attorney 201 First Avenue Fast
P.O. Box 1997
Kalispell, MT 59903-1997
TO* Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7977
Fax 406.758.7979
charball@kalispell..com
SUBJECT: Ordinance 1040 - Parking on Heritage way — First
Reading
MEETING DATE: Monday, June 2, 2008 — Regular .Meeting
BACKGROUND: The City was approached by Jinn. Oliverson. at Kalispell Regional
Medical Center with an inquiry about whether or not parking was permitted on
Heritage way. This city street is 40 feet wide, curb to curb, and otherwise meets
the requirements of parking on both sides of the street. Fred Zavodny, Project
Manager, from the City Department of Public works conducted a site study of the
street and made recommendations for parking along this street. heritage way has
a sharp reverse curve, three limited visibility driveway approaches, and a right turn
merge Zone within 480 feet of the intersection of Sunnyview Dane in which street
parking would cause unreasonable danger to vehicular traffic. Mr. Zavodny
therefore recommends that vehicular parking be prohibited on either side of the
street on Heritage way beginning at the intersection of Heritage way and
Sunnyview Dane and continuing 480 feet along Heritage way.
RECOMMENDATION: The City staff recommends that the street be marked and
signed for parking (and no parking) as suggested by Mr. Zavodny. This will provide
more available parking to this area and still alloy for the necessary public safety on
Heritage Way.
FISCAL EFFECTS: Cost of signage and street marking only.
Respectfully submi
Charles Harity Attorney
mes H. Patrick, City Manager
ORDINANCE NO. 1640
AN ORDINANCE TO AMEND SECTION 17-54, KALISPELL CITY CODE, PROHIBITING
VEHICULAR. PARKING ON EITHER SIDE OF THE STREET ON HERITAGE WAY BEGINNING
AT THE INTERSECTION OF HERITAGE WAY AND SUNNYVIEW LANE AND CONTINUING 480
FEET ALONG HERITAGE WAY AND DIRECTING THE PLACEMENT OF APPROPRIATE
SIGNAGE THEREFORE, AND DECLARING AN EFFECTIVE DATE,
WHEREAS, Heritage way is a city street of appropriate width that would normally allow legal parking along
both sides of the street; and
WHEREAS, Heritage way has a sharp reverse curve, three limited visibility driveway approaches, and a
right turn merge zone within 480 feet of the intersection of Sunnyview Lane in which street
parking would cause unreasonable danger to vehicular traffic; and
WHEREAS, it is in the best interest of traffic safety that vehicular parking be prohibited on either side of the
street on Heritage way beginning at the intersection of Heritage way and Sunnyview Lane and
continuing 480 feet along Heritage way.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS:
SECTION I. Section .7-54 of the Kalispell City Code is hereby amended to add a paragraph DD to
read as follows.-
"DD. Heritage way. Vehicular parking is prohibited on either side of the street
on Heritage way beginning at the intersection of Heritage way and
Sunnyview Lane and continuing 480 feet along Heritage Way."
SECTION II. The Police Chief is directed to have the appropriate signage placed at each of
the above -described locations.
SECTION III. All other portions of Section I7--54, Kalispell City Code, shall remain
unchanged.
SECTION IV.This Ordinance shall take effect from and after 30 days of its passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF TI~-iE CITY OF
KALISPELL THIS DAY OF JUNE, 2008.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Cl*ty of
Post Office Box 1997, Kalispell, Montana 59903--c Works Department
997 - `re epha ne 0)�T58-i? o, Fax 406)75$-7831
n ...
To: Roger Nasset, Chief of Police
FROM: Jaynes C. Hansz, P.E., Director of Public works I City I
SUBJECT: Parking Recommendation — Heritage way
DATE: 16 Novem be r 2 007
Fred Zavodny has been working with KRMC to identify a partial solution to on --going parking issues
around the hospital. This effort has moved in the direction of potentially allowing parking on Heritage Way.
Fred's report is attached for your reference. From Fred's research, there appear to be no impediments to this;
there are no prohibitions in the records for the development, no ordinances that prevent parking, and no signs. it,
parking on the street, simply has not been done. We are not sure why nobody parks there, but they do not.
Perhaps they simply believe it to be illegal.
After surveying the area, Fred has identified an area on Heritage way, from the Sunnyview Lane
intersection for a distance of 480', within which parking would be unsafe. He and the hospital agree that this
area should be signed off for no parking to ensure safety. This would require an amendment of the City's
parking ordinance to include this stretch of Heritage Way so that your officers can enforce the parking
restriction.
As on past occasions, we are prepared to install the necessary signs and will paint the curb yellow when
weather permits. would you please review this suggested change with your officers and if you see any problems
let me or Fred know. If there are no problems, can you coordinate the necessary ordinance amendment with the
City Attorney? Once this is done we can install the needed signs.
memo0312007.doc
MEMORANDUM
November 15, 2007
To: James Hansz PE, Director of Public 'works/City Engineer
Frank Castles PE, Deputy Publi works Director/Assistant City Engineer
From: Fred zavodny, Proj ecf
Re: Heritage way Parking
At a recent staff meeting conducted by Jim Oliverson at Kalispell Regional Medical Center,
hospital employees inquired if parking is permitted on Heritage way. when the hospital lots are
full they would like to park on Heritage way. None of the hospital staff can recall ever seeing
any vehicles parked on Heritage way so they were not sure if parking was permitted.
Jim Oliverson contacted me and asked if it was permissible to park on Heritage way. It was a
question that I could not immediately answer. I researched the Buffalo Commons development
documents, plats, surveys, compliance narratives, and the SID documents and could not find any
parking restrictions on Heritage way. The answer is parking is permitted on Heritage Way.
Subsequent site visits with Jim Oliverson and Jerry Diegel revealed that parking on Heritage
Way in the vicinity of the approach to Sunnyview Lane would create serious safety issues. There
is a sharp reverse curve, three limited visibility driveway approaches, and a right turn merge
zone that are difficult to navigate without any vehicles parked. Parking should not be permitted
in this area. This area is highlighted on attached map.
Currently vehicles can legally park anywhere on Heritage Way. I am recommending the City
sign Heritage Way a distance of 480 feet from the intersection with Sunnyview Dane a No
Parking zone. Parking beyond this distance does not pose any safety issues at this time.