1. Possible Dedication of Juniper Bend Drive to Citys�
City of Kalispell Public Works Department
Post Office Box 1997,.Kalispell, Montana 59903-1997 -Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
October 7, 2002
To: Mayor and City Council and Chris A. Kukulski, City Manager
From: James C. Hansz, PE, Director of Public Works/City
Subject: Potential Dedication of Juniper Bend Drive (Private Road) to City
SUMMARY
On September 13, 2002, the Juniper Bend Homeowners Association requested that the
City of Kalispell accept Juniper Bend Drive as a public street and incorporate it into the Kalispell
street system The Public Works Department has examined the supporting documentation that
accompanied the request, the archived file record for the development and as -built plans
submitted after construction. From this review we have determined that the original design of
road and utility improvements was in general conformance with City Standards in place at the
time of approval. However, during construction a number of changes were systematically
incorporated into the roadway that caused the constructed facilities not to be in conformance to
City Standards. The Engineer's Certification of this project clearly indicates that only the "utility
improvements" were constructed in conformance with City Standards. No certification was
provided for the roadway improvements. In addition, the final plats for Juniper Bend (three plats
for three phases) include a plat note stipulating that roadways are to remain private in all respects
for the use of the owners. Further, the plat note states that administration and funding of
maintenance of the private roads shall be the responsibility of the owners via an association or
corporation.
Therefore, the Public Works Department restates the opinion expressed on previous
occasions when the issue of the City accepting ownership of Juniper Bend Drive has been
proposed: Public Works does not recommend accepting sub -standard new construction to be
maintained at public expense.
memo0542002
REVIEW
The original design report for Juniper Bend outlined a series of utility and roadway
improvements that would accompany the development and that these improvement would be
designed and constructed in accordance with City standards. The original roadway appears to
have been planned as a dead-end extension from Grandview Lane, a local City Street. This
intent is reflected on the recorded plats. As such, the right-of-way (ROW) width of a non -
through local roadway would, at the time, have been a minimum of 24 feet (no on -street parking
allowed) in a forty -foot ROW. (A through roadway at that time and at the present time requires
the same minimum surface width of twenty-four feet but in a sixty -foot ROW.) In addition, a
standard roadway cross-section included curb, gutter and sidewalk with a boulevard separation
on both sides and a roadway cross-section depth of twenty-three inches made up of an eighteen -
inch sub -base, three-inch engineered base and two-inch asphaltic concrete surface course.
Maximum allowable road grade was 6% at the time of approval and remains this amount today.
Copies of the original approved plans are not on file, however, the design approval letter from
Public Works, dated June 11, 1993, suggests that the required design elements were incorporated
into the approved plans.
The as -constructed plan set on file shows the roadway to be twenty-four feet wide but
that it does not have the required sidewalks and boulevards. The road is constructed with a grade
of 9 %and has a reduced cross-section depth of sixteen inches. None of these construction
changes was approved as an acceptable deviation from the required standards. In particular, the
excessive street grade presents a serious problem for City Solid Waste trucks in winter
conditions. And, the thinner roadway section raises questions about the long-term durability of
the roadway because it is less than the current City standard of nineteen inches total depth.
Whenever a change to the City's standard roadway design cross-section is proposed we require
engineering evidence that the proposed change will meet the structural requirements of the City.
There is no evidence this was ever done. Finally, the original approval was for a non -through
street with a forty -foot ROW ending in a cul-de-sac. The cul-de-sac was eliminated by looping
Juniper Bend Drive back into Grandview Lane. This change made Juniper Bend Drive a through
street. When this was done the ROW requirement changed from forty feet to sixty feet. It is for
these reasons that the Engineer's certification, dated February 14, 1997, refers only to utilities
and does not include the roadway.
In addition to the technical compromises made during construction of Juniper Bend
Drive, there is another important consideration to bear in mind. The final plats of Juniper Bend
do not reflect any roadway description or definition in any form that would permit dedication of
a roadway. All the land outside the footprints of the town homes is owned in -common by all the
homeowners. In order to accomplish a road dedication the Juniper Bend subdivision would need
to be revised by a re -subdivision. This would define the roadway and set a ROW of sixty feet. It
will also be necessary to amend all the property records for the town home properties that make
up the subdivision to remove the roadway from their common ownership. With the serious
physical constraints that this site imposes on the Juniper Bend development, this Department
questions whether a usable sixty -foot ROW could he defined in a way that would, with respect to
the adjacent town homes, be in compliance with City subdivision requirements and would reflect
sound engineering practice.
CONCLUSION
In view of the many unapproved changes and technical compromises made to the
approved design of Juniper Bend Drive during construction, this Department does not believe it
to be in the public interest to accept these roads. Therefore, the Public Works Department does
not recommend that the City Council act favorably toward the Juniper Bend Homeowner's
Association request to incorporate Juniper Bend Drive, a sub -standard roadway of recent
construction, into the Kalispell street system
Copies of staff memoranda and supporting documents are included for reference.
memo0542002
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
To: Jim Hans$
Public Works Director
From: Frank Castles
Civil Engineer j
Date: October 4, 2002
Re: Juniper Bend Townhouse Subdivision
Juniper Bend Drive
By way of a letter dated September 13, 2002, the Juniper Bend Homeowners
Association has requested that Juniper Bend Drive be accepted as a public street with
the City of Kalispell taking over the maintenance of the street. The following is a result
of the examination of the project folder within the archives of the Public Works
Department.
The Conditional Use Application dated September 16, 1992, states that the internal
roads are to be private.
City of Kalispell Resolution No. 4092, dated February 16, 1993, describes a cart path to
a proposed pavilion with a maximum grade of 8-10% acceptable to City Standards. In
addition, the resolution mentions that the private roadway within the subdivision would
have a paved travel surface of 24 feet, with curb and gutter with a 40 foot right-of-way.
The road will be required to be constructed to city standards, including maximum slope
restrictions.
On June 11, 1993, the City Engineer for the City of Kalispell stated that the final design
of the internal roadways and utilities are in compliance with city standards.
On February 14, 1997, Mike Fraser, of Thomas, Dean and Hoskins, Inc., Engineering
Consultants, certified that the utili improvements for Juniper Bend Subdivision have
been completed in accordance with plans and specifications approved by the City of
Kalispell.
During the examination of the project file the recurring theme found regarding the
internal roadways was that they were to remain private.
The existing roadways within Juniper Bend Subdivision do not meet the current
Standards for Design and Construction for the City of Kalispell. The existing roadway is
stated in the project documents as having a forty foot right-of-way. The current
standards require a minimum of a sixty foot right-of-way. The existing roadway does
not contain an adjacent sidewalk. The current standards require sidewalks on both
sides of the roadway with an open space between the roadway and the sidewalk. The
existing pavement structure thickness (asphalt, crushed gravel and select sub -base) is
sixteen inches thick. The current standards require a minimum pavement structure
thickness of nineteen inches. The roadway profile contains maximum grades of nine
per cent. The current standards require a maximum grade of six percent (seven per
cent for distances less than one hundred fifty feet).
Attached is a memo from Dick regarding the official plat of Juniper Bend Subdivision
which is self explanatory.
City of Kalispell
=OMMB='"7- Aetlevell. Mamma 5ee09-1e97-TehePh m N0el75e-7700 P0940W7se-77se
To: Frank Castles
Civil Engineer
From: Richard Amerman
Assistant City Engin
Date: October 3, 2002
Re: Juniper Bend Townhouse Subdivision
Status of Juniper Bend Drive
Juniper Bend is a Townhouse Subdivision. There are three (3) phases, all of which are recorded as
separate subdivision plats. Each townhouse is privately owned and all other areas, including Juniper
Bend Drive are common areas that are owned by the homeowners association. Each plat has a
CERTIFICATE OF PRIVATE ROADWAYS dedication, a copy of which is attached. The only legal
way that Juniper Bend Drive can be dedicated as a "public roadway" and maintained as a public entity
is to re -plat the subdivision with a 60 ft. dedicated public right-of-way and re -construct the roadways
to City of Kalispell Design Standards.
ATE OF PRIVATE ROADWAYS
The roadways shown on this plat are intended to be private in
all respects. They are hereby dedicated forever to be for the sole
use of the owners (and their successors in interest) of the lots'
described on this plat, and of future phases of this subdivision!
The owners (and their successors in interest) of the lots described
on this plat will provide the all —season maintenance of the private
roadway by the creation of a corporation or homeowners association
to administer and fund the maintenance. It is understood and
agreed that the value of each lot described on this plat is
enhanced by the private, exclusive nature of said roadway.
This division of Land is exempt from the Sanitation Act per
Master Plan exemption per 76-4-124 and A.R.M. 16.16.603.
Dated this ' day of 1 > -- o`er: , 1994A.D.
By:
I
JUNIPER BEND HOMEOWNERS ASSOCIATION
C/O MARK D. SCHICKENDANTZ, PRESIDENT
133 JUNIPER BEND DRIVE
KALISPELL, MT 59901
SEPTEMBER 13, 2002
The Honorable Pam Kennedy, Mayor
City of Kalispell
312 First Avenue East
Kalispell, MT 59901
RECEIVED
21U SEP 16 -AM I I: 00
KALISPELL CITY CLERK
REF: Incorporation of Juniper Bend Drive into Kalispell Street System
Dear Mayor Kennedy;
In conjunction with your recent meeting regarding this matter, with Beverly Braig the
Board of Directors for the Juniper Bend Homeowners Association requests the city's
considerationof including Juniper Bend Drive in the Kalispell street,system.
As you may be aware, the upper portion of this street is presently included in the city
system and the street is utilized by the city for purposes of police, fire, garbage and
sanitary services.
N,
Since this roadway was origina nstructed in conformance with city design standards
and a portion is presently included in the city street system it would appear reasonable to
include the balance.
For your review we have included' copies of correspondence regarding the conformance of
this street to city standards.
We would appreciate review of this request by parties responsible for implementing the
action necessary to incorporate Juniper Bend Drive into the Kalispell street system.
We thank you for your interest and look forward to a positive response.
Very truly yours,
KDSchickendantz
(enclosures)
Carver Engineering, Inc.
Consulting Engineers
July 18, 2002 Civil
Structural
Mark Schickendantz, President Environmental
Juniper Bend HOA
P.O. Box 8673
Kalispell, MT 59904
Subject; Juniper Bend Subdivision — Juniper Bend Drive
Dear Mark:
At the request of Bill Astle, I have reviewed the available information concerning Juniper
Bend Drive, the private internal roadway in the Juniper Bend Subdivision, to determine
whether this roadway was designed and constructed in conformance with standards of the
City of Kalispell.
r I'll start be relaying a bit of history.
The amended plat of. the Juniper Bend Subdivision was approved by the City of Kalispell .
0 on February 16, 1993. This approval is formalized in City Resolution No. 4092.
Condition No. 7 of Resolution 4093 requires that "the internal private road system shall
be built to City . of Kalispell standards and approved by the City's Public Works
Department. Maximum grade of said road shall not exceed City design standards."
N
O
.No Bob Babb P.E., the Kalispell City Engineer/Director of Public Works, approved the final
Ndesign for the internal roadways in a letter Dated June 11, 1993. (Copy enclosed for
o reference.)
Michael Fraser P.E., of Thomas, Dean and Hoskins, Inc., the engineering firm that
adesigned and observed the construction of the improvements for the subdivision, certified
:that the improvements, including the roadway, were completed in substantial compliance
with the approved plans. (Copy of letter dated February 14, 1997 from Thomas; Dean &
° Hoskins enclosed for reference.)
ti
y Based upon review of the foregoing materials, it appears that Juniper Bend Drive was
designed and constructed in conformance with City of Kalispell standards.
v
If you have any questions, please contact me.
a
Sincerely,
x CARVER ENGINEERING, INC.
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Andrew J. Hyde, P.E.
rn
The0l of Kalispell
Incorporated 1892
Telephone- (406) 752-6600
P.O. Box 1997
Zip 59903-1997 U -1 "i y I)
41903
June 11, 1993
RaGICyAL
Tom Jentz, Senior Planner ^_a 'Y % o`FLC
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, MT 59901
Re: Juniper Bend
Roadway and Utilities Design. Approvals
Dear Tom:
Douglas Rcuthe
Mayor
Bruce Williams
Oly ,Manage:
City Council
'Vemoen:
Crry W. Nystul
Ward I
Cliff Collins
Ward I
Barbara Moses
Ward II
Fred Buck
Word II
Jim Atkinson
Word III
Lauren Gronmo
This letter is to acknowledge our review and approval of the plans and specifications Ward Ill
for the Juniper Bend roadway and utilities improvements. Pamela B. Kennedy
Ward N
The final design for the internal roadways are in compliance with City Standards. The M. Duane Larson
final designs for water, sanitary sewer and storm sewer improvements meet City Ward Iv
requirements and the Fire Chief has approved the fire hydrant placement. The plans
for storm water runoff mitigation have also been approved.
Please call if you have any questions.
very truly yours,
U
Robert H. Babb, P.E.
Ciiy Engineer/Director of Public Works
cc: Thomas, Dean & Hoskins Consulting Engineers
THOMAS, DEAN & E40SKINS INC.
® ENGINEERING CONSULTANTS
690 North Meridian. Suite 101 • Kalispell, Monlana 59901 • (406) 752-5246 • FAX (406) 752-5230
February 14, 1997
Subdivision Program
Dept. of Environmental Quality
P.O. Box 200901
Helena, MT 59620-0901
RE: Juniper Bend ES #93-40
-Enclosed please fmd the Engineer's Certification of Substantial Completion and Record
Drawings for the referenced project.
Please contact us if you have any questions.
Very truly yours,
THOMAS, DEAN & HOSKINS, INC.
Dou las J ICauffm�
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DJK:mj
K92-57
Encl:
a:feb 14sub.ltr
cc: Dan Mitchell - Owner
John Wilson - City of Kalispell
G14%
OFFICES IN GREAT FALLS, BOZEMAN, KALISPELL, SPOKANE AND LEWISTON ACEC
JUNIPER BEND SUBDIVISION
WATER, SEWER, STREET and STORM DRAINAGE IMPROVEMENTS
ENGINEER'S CERTIFICATION
The. utility improvements for Juniper Bend Subdivision, located in the City of Kalispell, Flathead
County, Montana, have been completed in substantial compliance with the plans and
specifications approved by the City of Kalispell and the Montana Department of Environmental
Quality, Project #ES 93-40.
NS AN,q \
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\GH A E� \
Micha E aser, P.%" 82
THOM Ns SSA S, INC.
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