Issues CorrespondenceIZ ob swRg,.. o?Soo--o0o—�31f jJ - pvc�
City of Kalispell Pub is Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
September 11, 2006
To: Frank Castles
From: Mark Crowley
Re: Sidewalk Replacement in Empire Estates Phases 1-3
Over the past several weeks, I have met Hubert Turner on -site to determine the limits of the
sidewalk removal and the thickness of the base and concrete that will remain in place. The
replacement concrete was poured recently.
Last fall the City conducted coring to identify sidewalks that will need to be replaced. Forty-five
cores were made in these phases. Cores 2, 9, 12 and 30 failed to meet the minimum
requirements and the developer has been directed to remove the sidewalk until the section meets
the minimum depth of 3.5 inches of concrete over 2 inches of 1/4 inch crushed aggregate base.
Sidewalks between these minimums and the standards are required to pay a replacement fee.
Following is the thickness of the layers as observed by Hubert and myself. The affected length is
based on the assumption that the replaced sidewalk was centered on the core and that each core
represents 300 feet.
Core #
Base
Concrete
Score
Affected length
Fee
2
East End:
6"
3.75"
91.22%
137.5 feet
$362.18
West End:
3.5"
3.75"
78.90%
137.5
$870.38
9
North end:
6"
4"
100%
0
$0.00
South end:
6"
4"
100%
0
$0.00
12
East end:
5.5"
3.5"
88.76%
147.5
$497.37
West end:
5.5"
3.5"
88.76%
147.5
$497.37
30
East end:
7"
4.75"
100%
0
$0.00
West end:
6"
4.0"
100%
0
$0.00
Total:
$2,227.30
There are also a number of cores which were substandard with respect to Resolution 508513, but
did not require removal and replacement. The fee associated with these cores was calculated to
be $6,202.00. Therefore, the developer is required to pay: $8.429.30.
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1
Page 1 of 1
To: Jim Patrick
Kalispell City Manager
PO Box 1997
312 1st Avenue E.
Kalispell, MT 59901
From: Lord Ford
173 Empire Loop
Kalispell, MT 59901
Subject: Drainage Problem in Empire Estates Subdivision
Cc: Charlie Harball, City Attorney; Craig Kerzman, Building Department;
Kalispell City Council; Frank Castles, Water Works
Dear Mr. Patrick,
For several months, a serious drainage problem has existed in the Empire
Estates Subdivision. Initially, the City Building Department was involved,
but they decided to let the council review and handle this problem. In any
case, it seems that the checks and balances in the subdivision
development/approval process have failed in allowing this condition to
develop to its current state.
Recently, the developer of this subdivision, Wayne Turner, and Brett Bennett
installed a drainpipe that passes through several properties that terminates
in my front yard. See attached pictures. The next time it rains, there is
going to be. quite a mess since it all now drains into this pipe and onto my
property.-[; was originally told that the drain would be burried and be much closer to the street. Also that it would
be closer to the fence line of my neighbors. Since then the pipeis sticking out of the ground and far from being
burried. Friday the 24th of June I called and
questioned Wayne Turner about the pipe sticking out of the ground, his response was to tellme to run my lawn
mower over it or cut it off.
Here are my questions for you:
Was this work approved or required by the city?
Who approved it?
Where are the engineering plans?
I appreciate your prompt attention in this matter.
Sincerely;
Lorri ford
Friday, June 24, 2005 America Online: LORFUD
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To: Wayne Turner, Tom Bowen, Shawn Miller, or Hubert Turner
Empire Estates Homeowners' Association
PO Box 8584, Kalispell, MT 59904
Subject: The Books and Records of Empire Estates Homeowners Association
1, along with other homeowners, refuse to pay the Annual Assessment fee for the following reasons:
1) Last Saturday, Shawn Miller gave a presentation to the homeowners and provided the budget used to
calculate the Annual Fee assessed in January (as required by Article IX Section 9.3.1 and 9.3.2 of the
Covenants). The budget estimates $5,490 for Homeowner's Liability Insurance. I contacted the insurance
agent, and she has no knowledge of this amount and no idea what this figure might refer to. According to
the agent, on March 8, a representative of the Homeowners' Association called and was "trying to
ballpark what the dues should be for the members." If you created the budget in January --before you
calculated the Annual Assessment, as Ms. Miller claims --then why are you estimating dues in March?
2) The budget lists $4,500 for mowing, fertilizing, and snowplowing of the bike path area. Since when did
we start fertilizing weeds? And with winter winding down, there certainly haven't been any snowplows on
the path. No checks have been written for any of this. According to Ms. Miller, and to the budget wording
itself, no actual bids have been obtained. Multiple bids should be an integral part of the budget.
3) The budget lists $108 for security guards. Ms. Miller indicated that "certain homeowners" are unruly,
and that the police have been called on numerous occasions. She claims that an angry homeowner in
Phoenix shot several people at an annual homeowners' meeting there, and they are not going to tolerate
violence at our meeting in April. I think this is a waste of money, and it also seems possible that by
singling out certain homeowners in this way, Ms. Miller and the Association could prompt a Defamation
of Character lawsuit.
4) When asked if all homeowners were invoiced in January, Ms. Miller claimed they were; however, one
homeowner at the presentation said he didn't get his invoice until March. Another homeowner claims she
has yet to receive one. On numerous occasions, I have requested a copy of the invoice register to verify
that all homeowners have been invoiced equitably. This seems a reasonable request, yet Ms. Miller
claims this information is not available and exists only in the Turner's home computer. The Covenants
and Bylaws indicate that all records be made available to homeowners. It's time that this takes place.
5) Ms. Miller states that to save money, the board has decided not to mail copies of the financial
statements to all members. Besides violating the Covenants, this action begs the question: Why have
you budgeted $3,300 in legal fees to prosecute members who do not pay their dues, when you won't
even provide them with a copy of the financial statements the dues are supposedly based on?
It appears that you have violated the rules governing the Homeowners' Association and that you have
over -billed the members. The annual budget should be done correctly, the Assessment should be
recalculated, and refunds should be given accordingly. Consider this a demand that you do so.
Sincerely,
Jim Mason
0.2
/_1__`1 €� I
Cc: Charlie Harball, Kalispell City Attorney
Kalispell City Council members
Empire Estates Homeowners
Empire Estates HOA Estimate of 2006 Costs
296 Homes @ $ 75.00 Annually
Less: 33% whom do not pay
Uncollectiblee at present
Total Collected-
67% Collected 80% Collected 1 OG% Collected
$ 22,200.00 $ 22,200.00 $ 22,200.00
72751)0 -00 J (4,440 _)
$ 14,925.00 $ 17,76G.GO $ 22,200.00
Honxxwmes Liability Inusrance $
5,490.00
$ 5,490.00 $
5,490.00
General Liability Only - Estimate Only from Agent
HOA 01ficer's Liability Insurance
1,200.00
1,200.00
1,200.00
Recommended by Insmnoe Company - Estimate Orgy
Property Taxes - Bike Path - Estimate
400.00
400.00
400.00
Property Taxes - Small Park - Estimate
270.00
270.00
270.00
Maintaining Bike Paths 11 Small Park
3,000-00
3,000.00
3,000.00
Mowing 4 times per nxxith @$I OD each
for 6 months, pkis fedkw and weed spray
(HOA Needs to Get Bids - Estimate Only)
Snowplowing of Bike Paths - 6 rnonths
1,500.00
1,5W.00
1,500.00
(HOA Needs to Get Bids - Estimate Only)
Upcoming Projects to be decided by Homeowners
Examples only:
I ) Sitting Benches on Bike Path 2 @ $400 Each
800.00
800.00
800.00
2) Entrance La
1,000.00
1,000.00
1,000.00
Mailing Supplies & Postage
Stamps - 296 @ .39 - 2
.88
Envek4m - paper, ink, etc...
100.00
100.00
100.00
Annual Meeting Costs -
Hall Rental
250.00
250.00
250.00
Coffee / Teat Water Service
300.00
300.00
300.00
Security Guards -2 @ $18.00 per hours @ 3 hours
108.00
108.00
108.00
LegalFees
To collect: from Homeowners whom do not pay dues
3,300,00
3,300.00
3,300.00
and to enforce convenants 20 hrs @ $165 per hour
Montana Annual Report Filing Fee
30.00
30.00
30.00
Mist It
250.00
250.00
250-00
Total Esfimated Expenses:
18,228.88
18,M.SS
18,228.88
Dues Collected Less Estimated Expenses: $
(3, .88)
$ 0D.8-81 $
3,971.12
To: Wayne Turner, Tom Bowen,
Empire 'Estates Homeowners
PO Box 7397
Kalispell, MT 59904
Shawn Miller, or Hubert Turner
' Association
Subject- The Books and Records of Empire Estates Homeowners Association
On multiple occasions, we have asked you to reveal financial information of the Empire
Estates Homeowners' Association. On 3-14-06, you placed a notice on the doors of several
homeowners stating: "...ALL RECORDS HELD BY AND PERTAINING TO THE
HOMEOWNER'S ASSOCIATION WILL BE AVAILABLE TO ALL HOMEOWNERS... MARCH
25, 2006, 6 TRUMP DRIVE, KALISPELL ... 9AM TO 1 OAM"
This appears to be in conflict with the Bylaws of the Association, which state (in Article VII
Section 7.02(k)) that the Association is to maintain "full and accurate books and records
showing all of the receipts, expenses, or disbursements and to permit examination thereof by
members ... at convenient weekday business hours." Please make the full records available for
more than a single hour, and on weekdays, as required by the Bylaws_
In January you sent out an invoice for the Annual Assessment fee of $75. The Empire
Estates Covenants (Article IX Section 9. 30. 2 require that the expenses "be divided equally
L- L ) r
among the Lots..." Ownership records at the City of Kalispell indicate there are approximately
270 lots in Empire Estates. This means, at $75 per lot, you should have invoiced
approximately $20,000 in assessment fees.
Please provide the following:
1) The annual budget you used to calculate the $20,000 assessment. This budget is required
by Article IX Section 9.3.1 of the Covenants, and should explain the $20,000 amount.
2) The invoice register showing that you have invoiced all lot owners equitably.
3) A list showing those who have paid and those who have not paid the $75 fee.
We have requested (via certified mail) that you provide financial statements and records for
the Association. The Bylaws (Article VII Section 7.02(f)) require that you mail a copy of the
balance sheet and operating statement to all Empire Estates lot owners. All you have mailed
so far is a letter stating, in effect, that Wayne Turner has chosen to de -annex a portion of
Empire Estates, and therefore, the homeowners --who have paid the $705 fee --will need to
elect, on April 19th, new board members for the Association. Before you leave your positions,
Sincerely,
Concerned Homeowners of Empire Estates
Cc: Charlie Harball, Kalispell City Attorney
Kalispell City Council members
Empire Estates Homeowners