01/07/99 Motoyama/Issues DiscussedG�1yGY MAN
Federal erect' Management Agency
3�x Region VIII
Denver Federal Center, Building 710
Box 25267
Denver, CO 80225-0267
January 7, 1999
Honorable William Boharski
Mayor, City of Kalispell
P. O. Box 1997
Kalisrell, MT 59903
Dear Mayor Boharski:
The purpose of this letter is to advise you of the issues discussed and consensus reached
during our November 17, 1998 meeting with representatives from the City, Flathead
Regional Development Office and State of Montana Department of Natural Resources
and Conservation. As noted in our November 9, 1998 letter, this meeting was held to
review the current status of the Hampton Inn's noncompliant floodway development.
The meeting began with a review of actions taken by the City and County following our
May 26, 1997 meeting with City, County and State staff. Briefly, the City and County
both denied the developer's floodplain development permit in their October 1, 1997 and
September 18, 1997 letters, respectively. The City concurred with the County's
requirement that restoration work commence immediately. To date no restoration work
has been initiated. In the same letter, the City informed Tim Stulc, representative for the
Hampton Inn, that the City was undertaking a study on Spring Creek which would
opportune both the City and Hampton Inn to work together on the restoration. The letter
further discussed a possible request to the County for an extension of the deadline for
completing the restoration.
We have reviewed the two studies (Storm Drainage Analysis by Peccia and Associates
and Lower Spring Creek Alternative Investigation Report by Morrison-Maierle, Inc.) the
City undertook to address the current conditions of Spring Creek and options for
mitigating flooding. In addition, the map revision submitted by J. Jay Billmayer on
behalf of Mr. Stulc showed an increase to the base (100-year) flood elevation. The City's
floodplain management Ordinance No. 1170 specifies that artificial obstructions and non-
conforming uses are prohibited within the floodway. Section 5.02E.2. specifically
prohibits encroachments (i.e. fill, new construction, alterations, etc.) that cause an
increase in the 100-year flood.
Based on the above, the following consensus was reached by Messrs. Craig Kerzman and
Jim Hansz representing the City; Eric Mulcahy with the Flathead Regional Development
Office and Karl Christians, National Flood Insurance Program (NFIP) Coordinator for the
State of Montana.
1, The City will decide on one of the two options that the developer must meet:
a. The developer will be required to restore the floodway to its original (pre -
developed) state. This involves removal of the fill and culvert and any other
encroachment, OR
b. The developer must perform another engineering analyses excluding the Zauner
culvert. This analyses should show the impacts to the 100-year floodplain and
floodway. This was previously requested by the City.
Once an option has been selected, the City, after consultation with the County, will
notify the developer and specify a date for completion and submittal of all required
documents to the City, County, the State and FEMA.
Because the alternatives presented in the Morrison-Maierle study would also affect
the Hampton Inn, the City will also establish dates for selecting one of the
alternatives as well as commence implementation of that alternative.
2. The City and County will jointly set a deadline for another floodplain development
application.
111MUNIOMIMI
3. The City will provide copies of all communications associated with this development
to the County, State and FEMA.
DEADLINE: On -going
We feel the established deadlines are reasonable in light of the continued (since April 10,
1996) noncompliant status of this development.
We are anxious to bring this floodway development to compliance, and encourage the
City and County to take steps to reach our objective of properly managing development
in the designated floodplain. You may contact me at (303) 235-4843 for further
assistance.
Sincerely,
Virgin' K. Motoyama
Senior Hazards Program Specialist
Cc: Craig Kerzman, Building Official, City of Kalispell
Jim Hansz, Public Works Director, City of Kalispell
T. J. Sorenson, Zoning Administrator, City of Kalispell
Glen Neier, City Attorney/City Manager
Eric Mulcahy, Flathead Regional Development Office
Karl Christians, MTDNR&C