01/30/02 Harball to Kukulski/Traffic LightsActing City Attorney
Charles A. Harball
Chris Kulkuski
City Manager
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
January 30, 2002
Tel 406.758.7708
Fax 406.758.7771
eharball@kalispell. eom
Re: Obligation for Light Signals at Crosswell Development Site
Dear Chris:
As we discussed yesterday with Stan Beard, Crosswell has raised the question
regarding the occupancy permit for Home Depot as it relates to the installation of
the traffic signals on those roads on or leading to the approaches to the business.
Will the City give an occupancy permit to Home Depot if the traffic signals have not
yet been installed as required by the Department of Transportation?
We are all aware that the City has no jurisdiction over the issue of the
installation of traffic signals. That authority rests with the Department of
Transportation. Crosswell has its obligations with DOT to meet roadway
engineering requirements. The issue of installation of signals lies wholly within
DOT's control and Crosswell has no real influence over that scheduling. The City
therefore should not look to the installation of the traffic signals as a condition of
the issuance of an occupancy permit.
Sincerely,
� s A. Harball
Acting City Attorney
CAH/s