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City Council Agenda

Regular Meeting

Kalispell, MT · October 28, 2024

Agenda

Agenda

CITY COUNCIL WORK SESSION AGENDA 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 1. 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: https://us02web.zoom.us/webinar/register/WN_iCVUezscQOad27D1MBx4Ow. 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: https://www.youtube.com/@cityofkalispellmontana9632/streams. Page 1 of 2 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. Page 2 of 2 City of Kalispell 201 1st Ave E. P.O. Box 1997 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 Created: 2024-08-01 07:32:07 [EST] (Supp. No. 63) 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. Created: 2024-08-01 07:32:07 [EST] (Supp. No. 63) Page 2 of 2

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