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Peterson to Howington/River RockNumber One Sunset Plaza e Kalispell, MT 59901 406-257-7125 FAX:406-756-3409 November 24, 2009 City Manager 201 1"Avenue East Kalispell, MT 59901 Attn: Jane Howington Re: FedEx Site Review Dear Jane: I am writing to you about the review comments from the Site Review Committee on the FedEx project. There was no signature on the letter so I do not know who to address this letter to. [copy attached] Hopefully you can help resolve this issue. I have received your comment on the site review dated September 3, 2009 and need to respond to the Parks Department comment [1] dealing with river rock. When I got these comments I contacted Chad Fincher to see why his department made this statement about "river rock is not approved". He informed me that the City had safety concerns about the river rock rcll;.ng onto public sidewalks and Causing a hazard. 1 informed him that our planters were a minimum of 6 feet from the sidewalk with the exception of the two planters at the front entrance to the site. These planters could have shale in the first 6 feet too. Chad informed me that we would not get site committee approval if we used river rock anywhere. I told him we would be using river rock and the conversation ended. Our objection to the Parks Department trying to dictate our ground cover is largely financial. We have gone back to our subcontractor to get a quote for upgrading to shale. It is an addition $4,500.00. John Peteron,AIA. Michael A.Absalonson,A.1.A. Glen D.Anacker,A.I.A. Frank J.di Stefano, A.I.A. I had the City ordinances searched to see what specific authority had been granted to allow the City's employee to "dictate" what ground cover we could or could not use. They found no ordinance giving the City or it's employee that authority. Base on the cost and lack of authority we are staying with our propose river rock ground cover on the project except for the first 6 feet at the front planters which will be changed to shale. Sincerely cc. Kramer Enterprises Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.kalispell.com/plannin� Date: September 3, 2009 Project: Federal Express Address: 165 Schoolhouse Loop Owner/Applicant: Devro Property Services; 120 Derby Forest Ct; Roswell, GA 30076 Contractor: Kramer Enterprises; 102 Cooperative Way, Ste 100; Kalispell, MT 59901 Architect/Engineer: Architects Design Group; No. 1 Sunset Plaza; Kalispell, MT 59901 The Site Development Review Committee conditionally approved your project from a site perspective, subject to (1) substantial compliance with the submitted plans; (2) compliance with any applicable city ordinances, standards, and policies; and (3) the following listed conditions, if any. Please keep in mind that additional conditions may be included as part of the building permit process. Any questions regarding the conditions should be coordinated with the given department, as should the implementation of the condition during design and/or construction. Fire Department — contact person: Dan Diehl (758-7760) Parks Department — contact person: Chad Fincher (758-7718) � / (1) Rock mulch needs to be fractured or shale; no river rock (plans leave a choice; river rock is not approved). (2) If tree is located in drive/access area, move tree to another location on boulevard if there is a tree that needs to be replaced. Public Works Department — contact person: Frank Castles (758-7724) (1) Pending receipt of stormwater easement for sharing adjacent detention facility. Zoning — contact person: PJ Sorensen (758-7940) (1) Provide handicap accessibility from parking area to door (through the fence). (2) Signs require a separate permit. OCT �? 23 :f.J J r,. 'r Television Inspection. The City of Kalispell reserves the right to inspect all underground utility systems by the use of a television camera prior to final acceptance. The City will perform the initial inspection at no cost to the contractor. If the City is required to clean debris, gravel, etc. from the line in order to perform the TV inspection, the costs for the cleaning services will be billed to the Contractor. Any deficiencies found by the initial TV inspection shall be corrected by the contractor. The cost of the additional TV testing required to ensure the deficiencies have been corrected will be billed to the Contractor. CS-04 Record Drawings and Project Acceptance. Upon project completion and before final acceptance, a Professional Engineer shall certify to the City that the construction of the public utilities and roadways meets the requirements of the approved construction documents. The Engineer shall submit one set of record drawings (hard copy and DWG digital format) and one set of the test results as required under Section CS-03 of these standards to the Public Works Department. The City will not accept the project until record drawings and test results have been approved by the City Engineer. The two year maintenance guarantee period will begin on the date stated in accordance with Section GP-08 Maintenance Bond for New Infrastructure. The Project Engineer shall provide quantities and unit costs of all City owned infrastructure. CS-05 Two Year Guarantee Inspection. The Project Engineer, or his designated representative, shall conduct a two year guarantee inspection, to be attended by a representative from the Public Works Department. The inspection shall take place not less than ninety (90) days prior to the expiration date of the Maintenance Bond. The maintenance bond will be released when all deficiencies have been corrected to the satisfaction of the City Engineer. The City Engineer, the Project Engineer,or his designated representative, shall notify the Principal as listed in the Maintenance Bond of any Work found to be not in accordance with the approved construction documents. The Principal shall restore the work to meet the requirements of the approved construction documents prior to the release of the Maintenance Bond. The City expressly reserves the right to draft the Maintenance bond for repairs not completed by the Owner, Developer, or Contractor within thirty calendar days of being advised that repairs are required. CS-06 Boulevard Landscaping. The Contractor shall place a minimum of 4" of topsoil within the boulevard. The finished surface of the topsoil shall provide adequate drainage from the top of the sidewalk to the top of the curb. Topsoil shall be fertile, natural loam surface soil, free of clay, weeds, roots or stones larger than one inch in any dimension. Boulevard landscaping shall be placed in accordance with the Kalispell Street Tree Ordinance and a plan approved by the Kalispell Parks and Recreation Department. CHAPTER V 149