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12/12/96 Neier/Status ReportDATE: December 12, 1996 TO: Clarence Krepps, City Manager FROM: Glen Neier, City Attorney RE: Status Report 1) During the last few weeks, this office has been attempting to resolve difficulties connected with the Hampton Inn project. From what I have been able to ascertain one problem arose when the Developers of the Hampton Inn attempted to obtain an access to their site from U.S. #2. The original site plan for the Inn showed an access to/from the site by way of Appleway Drive. The City staff had reviewed the original proposal and were not concerned with the U.S. #2 access so long as the emergency traffic could .use Appleway. However, during the process the Developers - abandoned the Appleway'-access, and at the same time proposed locating a restaurant on a pad adjacent to the U.S. #2 access. Because the restaurant proposal involved locating parking spaces, necessitating backing motions, along the U.S. #2 access, the staff objected to the amended site plan. Because the Inn planned on opening in late December or early January some resolution to the problem had to be obtained. Another problem involved the relocation .or alteration of a stream bed though a portion of" the 'Hampton Inn property. Apparently, the work was accomplished without benefit of a Bureau of Reclamation/Corps of Engineers/SCS permit. Because of the Federal bureaucracy the Developers now are faced with a mass of paperwork before a permit will even be considered. - I: \wp\glen Early this week I talked to Lee Kauffman, the Developer's attorney, and he informed me that the Developer was making progress in resolving the difficulties. The Developer is in the process of reapplying for an access permit from U.S. #2 through the State Department of Transportation. The restaurant proposal has been abandoned, so an unobstructed approach will be available for emergency vehicles to access the Inn. The State will be revising the permit based upon anticipated traffic counts within the next 10 days. The altered stream bed problem is being worked on by Jay Billmayer, and the Developer is applying for a permit through the proper channels. Kauffman suggested a meeting with this office and others from the City staff once matters have been resolved with the State and Federal agencies. According to my information, most other Staff concerns regarding life/safety considerations at the Inn have been resolved. 2) The Manager on 12-11 requested that I look into a potential "nepotism" problem in the Police Department. Apparently, one of the patrolmen recently married a dispatcher. The City Employee Handbook contains a policy which prohibits the employment of immediate relatives in: Other circumstances exist which would place the relative in a situation of actual or reasonably foreseeable conflict between the City's interest and their own. Nepotism is defined in state law as "the bestowal of political patronage by reason of relationship rather than merit." As I see it, the situation now facing the City does not really fit the definition of nepotism. The patrolman has no real or apparent authority over dispatching personnel, and the dispatching personnel do not control the patrolmen. I have been researching Montana law on the subject, and see the problem more as one of City policy than a violation the law. I I:\wp\glen have made inquiries with other Cities in the State and I am waiting for replies. I will keep you informed of other developments in my analysis. 3) The Greenacres problem has left me somewhat at a loss to explain an obvious error in my drafting of the Notice. For some reason the term "or disapproval" was left out of the Notice, and Bill Astle, Attorney for Greenacres, has objected to the entire procedure. Under Montana law compliance with annexation laws is strictly construed and there is a better than even chance that the City would not prevail in Court. Because the annexation was delayed until July 1, 1996, if the Council desires we would be able to recomplete the process prior to the effective date of the original Resolution of Annexation. Aside from some expenses in publication and mailing we can accomplish the result as originally intended. I apologize for the error, but cannot explain the reason for it. The Notice was a form used in many annexations and all other documents conformed to the requirements of the law. I:\wp\glen