Addressing the CouncilLAW OFFICES OF
MARSHALL MURRAY
LEONARD L. KAUFMAN
JAMES E. VIDAL
DANIEL W. HILEMAN
JAMES M. RAMLOW
ANGELA VANINEITI
TIA R. ROBBIN
SHELLY F. BRANDER
Mr. Bruce Williams
City Manager, Kalispell
City Hall
Kalispell, MT 59901
SECOND WEST CENTRE
P. O. BOX 728
KALISPELL, MT 59903-0728
May 27, 1994
RE: Pacific Power & Light Advertisement/Bulletin Board
Corner of 2nd Street East and Woodland Avenue
Dear Mr. Williams:
TELEPHONE
406-755-5700
FAX
406-755-5565
It has come to my attention that the City -of Kalispell and Pacific Power & Light, in attempts to
limit snipe signs on trees or telephone electrical poles, have entered into some sort of agreement
which has allowed the placing of a community bulletin board sign at the intersection of 2nd
Street East and Woodland Avenue atop what is commonly called "Woodland Hill."
My family has lived in the immediate area of Woodland Park for over 20 years. Through the
years, the intersection at Woodland Avenue and 2nd Street East has been the scene of numerous
vehicular accidents, and also many accidents involving motorists and pedestrians and/or bicycles.
On many occasions people have pounded on our door in the dead of night asking to use our
phone to report an accident at the intersection.
During the past several years, traffic congestion at the intersection has grown by leaps and
bounds. One of the reasons neighbors so adamantly protested against the extension of Woodland
Avenue through the area next to the substation on to East Idaho was because everyone was well
aware that Woodland Avenue simply cannot handle more traffic safely.
For the past 20 years, my law practice -has focused primarily on various areas of civil litigation,
including traffic accidents. I have been involved in numerous cases where stop signs have been
hidden because of overgrown hedges or trees, traffic signals have been inoperative, and areas
where people were injured where crosswalks should have been located. I found the number one
reason for traffic accidents is driver inattention. Any diversion for a driver can cause an
accident. Accident reconstructionists, physicists and human factors specialists can explain in
great detail how just a moment of inattention by a driver travelling even at a slow speed can
cause a miscue leading to an accident.
Mr. Bruce Williams
May 27, 1994
Page 2.
If you take a look at the position of the PP&L/City of Kalispell community bulletin board on
top of Woodland Hill, it can readily be determined that drivers will be diverted from paying
attention at the busy intersection in order to look at a sign which is designed for the very
purpose of being viewed by motorists.
The placement of the sign on top of Woodland Hill is perhaps one of the silliest decisions I have
ever seen. I am sympathetic to PP&L wanting people to place their advertisements for garage
and yard sales away from their utility poles. I do not think PP&L's concerns should be more
important to the city of Kalispell than the safety of motorists driving through the Woodland Hill
intersection, or more important than the safety of numerous children that use Woodland Park
for skating, swimming and other activities.
I sincerely feel that if the sign remains someone is going to get seriously injured, if not outright
killed, at the intersection partially because of the placement of this sign. While I realize Pacific
Power & Light has ample insurance to pay for any liability they may incur by the placement of
this sign, as a taxpayer I am concerned that even though the City of Kalispell has insurance, that
ultimately the Kalispell taxpayer will foot the bill to pay for any injuries or damages incurred
because of their involvement in the placement of the sign. I would like to see the City of
Kalispell prevent a lawsuit if at all possible.
It is my sincere hope that an effort will be made to find another location for the PP&L/City of
Kalispell sign immediately.
Very truly yours,
MURRAY & KAUFMAN, P.C.
James-E. Vidal
James E. Vidal
JEV/mk