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. -
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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
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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.
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