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