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09/21/99 Memo/Kukulski Direction to Remove Culvert�N MEMORANDUM TO: GLEN NEIER, CITY ATTORNEY FROM: CHRIS KUKULSKI, CITY MANAGER DATE: SEPTEMBER 21, 1999 RE: HAMPTON INN CULVERT At the September 17 meeting with FEMA, it became clear that there are three possible resolutions of the Hampton Inn culvert situation. First, Hampton Inn could submit information which would support the issuance of a permit. This issue has persisted for years without such a submittal. Second, we could do nothing, in which case the city would be taken off of the floodplain program and no city residents would be able to obtain flood insurance. Removal from the program is not an acceptable option. Third, the culvert can be removed, either voluntarily or as the result of legal action. FEMA clearly stated that one of the above resolutions must be implemented, and gave the city a deadline of October 15. At that time, unless the culvert is removed, a permit is issued, or legal action is begun, the city will be removed from the flood program. Therefore, I must direct you to implement legal action on October 1, 1999, to compel the removal of the culvert (and all associated material violating the floodplain ordinance) unless Hampton Inn voluntarily brings the site into conformance or is issued a permit prior to that time. In your discretion, you may extend the date to October 15, 1999, if Hampton Inn shows that they are proceeding in good faith to supply information necessary to support a permit. It is my understanding that Flathead County will also pursue enforcement of the floodplain ordinance in this situation, and I encourage you to coordinate with the Flathead County Attorney's Office, within the above parameters, to bring this matter to a favorable conclusion. Chris Kukulski, City Manager Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-775810