10/23/96 Kaufman/Hampton Inn & Village Inn ProjectsLAW OFFICES OF
LEONARD L. KAUFMAN
JAMES E. VIDAL
DANIEL W. HILEMAN
JAMES M. RAMLOW
ANGELA M. VANINETTI
TIA R. ROBBIN
SHELLY F. BRANDER
P. J. SORENSEN
SECOND WEST CENTRE
P. O. BOX 728
KALISPELL, MT 59903-0728
October 23, 1996
Mr. Ross Plambeck, Site Review Chairman
Planning, Economic & Community Development Department
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
Re: Hampton Inn & Village Inn Restaurant Projects
Dear Mr. Plambeck:
TELEPHONE
406-755-5700
FAX
406-755-5565
E-MAIL ADDRESS
kvhlaw@netrix.net
Thank you for your letter of October 21, 1996. I apologize I was delayed during the week of
the 18th in getting some advice to you as to a comprehensive meeting with the developers of the
Hampton Inn and Village Inn Restaurant projects, however, due to various emergencies, I was
unable to meet with Mr. Pack and/or other parties involved.
Pursuant to our telephone conversation on Tuesday, I include for your review an "asbuilt"
Certificate of Survey which is a parcel survey dealing with the Hampton Inn, a 3-story brick
building located on Tract 1, Certificate of Survey No. 12536. As I indicated telephonically, this
is a current "asbuilt" survey, but is not 100 % comprehensive. However, it does purport to
define the location of sewer lines, water lines, curb cuts, and distances and location of the
building on the premises. Obviously, the survey is current only to its date.
As I also indicated to you telephonically, I have been advised by Mr. Pack and others involved
with this project that the Village Inn Restaurant project which was slated to be located in Tract
2 of Certificate of Survey No. 12536 is no longer on the boards, is no longer a project. It is
not being considered for construction at the current time. There are no further -plans at this
point or stage to develop further interest planning, seek permits, or otherwise become involved
in building a restaurant under the name Village Inn Restaurant, or any other name, for Tract 2.
As I indicated in our telephone conference, a matter of significance from your previous letters
and from my discussions with my client was concern over a 17-foot entrance way as same
related to fire regulations and potential fire hazard. I further advised that my client met with
the Fire Marshall on the afternoon of October 22nd to discuss that particular issue. I have been
orally advised that after viewing the entire situation, the Fire Marshall had absolutely no
problem with the actual situation as built.
r. Ross Plambeck
October 23, 1996
Page 2
As I indicated to you, it is my intent to meet with you. However, I am going to be in the
eastern U.S. commencing Thursday morning, October 24 and will not return to my office until
the morning of October 31. Upon my return I will immediately face preparation for a hearing
in Missoula scheduled in federal court on November 6. I have coordinated with my client, Ron
Pack, and we propose a meeting with your offices anytime after 12:00 noon on Wednesday,
November 13, 1996 at your convenience. Please advise my assistant, Jody, if this is convenient.
She will coordinate the meeting.
As to the meeting date and time, there must be one caveat. At the present time I have a very
serious family situation which, upon short notice, may require me to cancel and go to Butte for
personal reasons. As such, it will be important for you to give Jody the names of people that
can be contacted on short notice to modify the date of that meeting.
As indicated to you telephonically, most of the matters raised in your letters of concern
regarding this project can be addressed and resolved by a face-to-face meeting. It is my client's
most sincere desire to do so. We will procure information necessary for you to resolve issues
of concern which your department has, and if there are other matters or peripheral matters that
must be discussed at that meeting, hopefully we will be in a position to not only discuss same,
but resolve same to all parties' satisfaction.
Thank you for your courtesy.
Yours truly,
LLK: jlb
Enc.
cc: Clarence Krepps, City Manager
Glen Neier, City Attorney
Larry Gallagher, Planning, Economic and Community Development Director
Incorporated 1892
Planning, Economic &
Community Development Department
P.O. Box 1997
Kalispell, MT 59903-1997
November 22, 1996
Mr. Leonard L. Kaufinan
Kaufinan, Vidal & Hileman, P.C.
P.O. Box 728
Kalispell, MT 59903-0728
RE: Hampton Inn Project
Dear Mr. Kaufman:
248 Third Avenue East
(406) 758-7740
(406) 758-7739 (office fax)
(406) 758-7758 (City Hall fax)
Thank you for your letter of November 8, 1996, informing me of Mr. Pack's conflict of attending the
meeting you had scheduled for November 13 with you and.the City. Your letter indicated you would
contact us on the 13th or 14th of November to reschedule the meeting. That date has passed and you have
not contacted us as yet to set up another date. Several items still remain unresolved and need to be
discussed so the Final Certificate of Occupancy can be issued in a timely manner. Issues that remain are:
Acquisition of a flood plain development permit from the City.
2. A revised, valid highway access permit that assures an unrestricted fire apparatus access road to
the Hampton Inn.
3. Final completion of any unresolved life -safety issues of theBuilding Codes.
Please contact me as soon as possible so we can meet at everyone's earliest convenience. Thank you.
Sincerely,
Ross Plambeck
Site Review Committee Chairman
c: Clarence Krepps, City Manager
AGlen Neier, City Attorney
Larry Gallagher, Planning, Economic and Community Development Director
icma
EWA, NAMR.
OPPORTUNITY