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HomeMy WebLinkAbout1990 JUNIOR HIGH SCHOOL - SITE PLAN ADVISORY REVIEW - 20-87A - CORRESPONDENCE - STORMWATER-RELATED DOCUMENTSCITY OF FORT COLLINS STORMWATER UTILITY August 18, 1988 Mr. George Galida Poudre R-1 School District 2407 LaPorte Avenue Fort Collins, CO 80521 RE: Poudre R-1 1990 Junior High - Repayment Agreement for Storm Drainage Improvements Dear George: Enclosed is the Letter of Agreement outlining the terms of repayment for the storm drainage improvements to be constructed on the 1990 Junior High School site. The agreement has been signed by Steve Burkett, City Manager, with a signature block for Lee Hansen, Superintendent. The agreement also includes Exhibit B which outlines the estimate of the reimbursable costs. As we discussed earlier, no reimbursement for right of way is included since the District has already agreed to dedicate a drainage easement to the City. Please note that the storm drainage fees for the site ($34,415.01) exceed the reimbursement estimate, therefor repayment will be made through a fee credit. The actual process of reimbursement occurs when the construction is complete and documentation of the actual costs incurred is submitted to us. The required documentation is outlined in the attached portion of the City Code. I would be happy to go over these requirements with you in order to ensure a smooth reimbursement process. I have included a return date for the letter of agreement. Please let me know if there is a problem with returning the signed letter by September 2, we can certainly arrange a more convenient date. I'd like to thank you for your cooperation and patience on this project. It's been a long drawn out process which I'm sure we both look forward to seeing successfully completed. Please call me if you have any questions or concerns, 221-6589. Sincerely, Susan Dub Hayes Civil Engineer II STORMWATER UTILITY 300 LaPorte Ave. 9 P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221.6589 CITY OF FORT COLLINS STORMWATER UTILITY August 17, 1988 Dr. Lee Hansen Superintendent of Schools Poudre R-1 School District 2407 LaPorte Avenue Fort Collins, CO 80521 RE: 1990 Junior High School, Developer Repayment Dear Mr. Hansen: It is my understanding that the Poudre R-1 School District desires to construct a junior high school, presently known as the 1990 Junior High School", upon the property as identified on Exhibit A, a copy of which is enclosed. I also understand that the District has submitted to the City's Stormwater Utility a drainage report and plan which meet the City's storm drainage criteria. The site includes storm drainage improvements of a basin -wide nature which would be eligible for City reimbursement pursuant to the provision of Section 26-545 of the City Code, a copy of which is enclosed for your reference. As I understand it, the School District intends to construct the improvements as described on Exhibit B, a copy of which is also enclosed, prior to occupation of the 1990 Junior High School for school purposes. You will also note an estimate of the cost of the improvements on Exhibit B. As is provided in Section 26-545 of the City Code, the City will make reimbursements for basin -wide improvements; first, as a credit toward the total basin fees due for the developed property (calculated to be $34,415.01); and second, with a cash payment to the developer. Based upon the attached cost estimate, the total reimbursement will be made through a fee credit. Please refer to the attached Code Section for the particular conditions upon which such reimbursement is made. The City appreciates the cooperation of the School District in accomplishing the construction of necessary storm drainage improvements for the protection of the health, safety and welfare of the downstream property owners, and the purpose of this letter is to provide you with necessary information to assist the District in complying with Section 26-656 of the Code in order to enable the District to obtain reimbursement. If you should have any questions about the Section of Code, please feel free to contact the Stormwater Utility. STORMWATER UTILITY '1 300 LaPorte Ave. - P.O. Box 580 - Fort Collins, Colorado 80522 - (303) 221-6589 If you concur with the understandings as set forth in this letter, please indicate below, and return a copy to the Stormwater Utility by September 2, 1988. Sincerely, Steve Burkett City Manager On behalf of the Poudre R-1 School District, I concur with the understandings of this letter. r. Lee Hansen Superintendent of Schools cc: Susan Duba Hayes, Civil Engineer II Enclosure UTILITIES ities will be constructed and installed as indicated and approved. (Code 1972, § 93-10; Ord. No. 161, 1986, § 1, 11-4-86; Ord. No. 154, 1987, § 9, 10-20-87) Sec. 26-545. Credit for construction of major basin improvements. (a) If the stormwater utility requires a devel- oper to construct stormwater facilities that serve more than that development and are identified in a basin master plan, a portion of the actual costs incurred may be eligible for basin reimbursement from the storm drainage fund. To be eligible for Supp. No. 1 1796.1 § 26-545 UTILITIES basin reimbursement, prior to final approval of the development agreement the developer must submit to the stormwater utility a report detail- ing the proposed basin improvements and obtain the city's approval of the report. The report must identify all elements of the project eligible for reimbursement and include a detailed project de- scription, a project bid form with estimated quan- tities, unit prices, engineering design and construc- tion management costs. The report must also pro- vide an accurate quantity and cost delineation between the proposed basin improvements and the stormwater improvements necessary to meet the standard requirements of the development. The stormwater basin reimbursement must be taken first as credit toward the total basin fees due for the developed property with regard to which the basin improvements are being constructed and any remaining reimbursement to be paid in cash to the developer will be made as a cash repayment subject to (e) of this Section. If more than two (2) years elapse from the approval date of the development agreement without substan- tial progress toward the construction of all im- provements eligible for basin reimbursement, the reimbursement obligation shall terminate. The developer may request and the Director of Utility Services may approve extensions of the obliga- tion for additional one-year periods. (b) After final approval of the plat, the owner of the developed property shall have the option of reducing the stormwater basin fee due for the development by an amount equal to one-half (1h) of the estimated basin reimbursement as shown in the development agreement or the total basin fees due, whichever is less. (c) Subject to the provisions of (e) of this Sec- tion, the city will make additional basin reim- bursement upon completion of all required storm - water improvements, approval by the stormwater utility and submittal by the developer of copies of the following: (1) Completed bid forms from at least three (3) qualified contractors showing which contrac- tor was awarded the project; (2) The contractor's invoice for final payment as approved by the developer's engineer separating the quantities and costs of the 1797 § 26-546 basin improvements from the improvements necessary to meet the standard requirements of the development; (3) An invoice from the developer's engineer clearly showing any fees charged for that portion of the work which is eligible for basin reimbursement; (4) Letters from the contractor and the engi- neer certifying that final payment has been received for the work eligible for basin reimbursement; (5) Any other information deemed necessary by the Director of Utility Services or re- quired by the development agreement. (d) The books and records of the developer re- lating to the stormwater facilities for which the utility is providing basin reimbursement shall be open to the city at all reasonable times for the purpose of audit and/or verification of costs. (e) If the estimated cost of improvements eligi- ble for basin reimbursement for a development exceeds the stormwater basin fees due for the development, the Director of Utility Services will recommend inclusion of such costs in the next available budget submittal to the City Council. Upon approval and appropriation by the City Coun- cil, such costs will be reimbursed from the storm drainage fund. (Code 1972, § 93-11; Ord. No. 161, 1986, § 2, 11-4-86) Sec. 2 548. Assessment for off -site stormwater improvements. (a) When any developer constructs stormwater facilities on or through undeveloped areas to serve the property or to meet the requirements for developing the property the entire cost of such facilities if they are not identified as an element of a basin master plan shall be the responsibility of such developer. If the facility is identified in a basin master plan, but only a portion of the cost is eligible for basin reimbursement from the storm drainage fund, the balance of the cost is the re- sponsibility of that developer. However, if the de- veloper enters into a repayment agreement with the city within ninety (90) days of the completion and approval by the stormwater utility of such § 26.546 FORT COLLINS CODE drainage improvement, then at the time the prop- erty abutting the off -site stormwater facility is developed and a building permit is issued, the city may assess a charge per front foot to the abutting property developer, and if collected, the city shall repay the original installer to the ex- tent of such collection after deducting a service charge of three (3) percent to cover administra- tive costs. All costs for the original construction of the stormwater facility must be fully paid by the installer before the installer is entitled to repayment under any agreement established pur- suant hereto. (b) The amount of the repayment assessed by the city for each abutting property as it develops shall be based on the original cost of design and construction of the stormwater facilities plus any reasonable amount mutually agreed upon between the original installer and the city to reflect the effects of inflation. However, in no case shall the front foot charge reflect less than the original cost of the installation through the undeveloped properties. Adjustments for inflation may be based on the construction cost index for Denver, Colo- rado, as published monthly by the "Engineering News Record." (c) In order to obtain city approval of a repay- ment agreement for off -site stormwater improve- ments, the developer shall provide the city within sixty (60) days from final city approval of the construction of the stormwater facilities, copies of those items listed in § 26-545(c). In addition, the developer must provide a map prepared by a li- censed engineer or surveyor which shows: (1) The location of the facilities constructed; (2) The name of the owner of each property which has frontage along the facility; (3) The frontage of each property abutting the facility together with the assessment due based on the original cost; (4) The acreage and parcel number of each prop- erty abutting the facility; and (5) A reference to the book and page and re- ception number from the records of the county Clerk and Recorder where the information for each property was obtained. 1798 (d) The term of any repayment agreement es- tablished hereunder shall not exceed ten (10) years from the date of its execution. The City Council may approve one (1) extension of the agreement for an additional period of up to ten (10) years, if application for the extension is made prior to the expiration of the original ten-year term. (e) The books and records of the developer re- lating to the stormwater facilities for which the developer seeks repayment shall be open to the city at all reasonable times for the purpose of audit and verification of costs. (Code 1972, § 93-12; Ord. No. 161, 1986, § 3, 11-4-86) Sec. 26.547. Responsibility for accepted facili- ties. All stormwater facilities constructed, installed or provided hereunder shall upon acceptance by the city become the property of the city, and the city thereafter shall be responsible for the opera- tion and maintenance of the facilities. (Code 1972, § 93-13) Sec. 26-548. Citv to maintain stormwater fa- cilities; exception. The city shall maintain all accepted public stormwater facilities located within city -owned land, city rights -of -way and city easements and may maintain other accepted public stormwater facilities located within or adjacent to the city. Such public facilities include but are not limited to open drainageways and piped drainageways constructed expressly for use by the general public and as a part of the city stormwater facilities, bridges, roadside drainage ditches and gutters, flood control facilities, including deten- tion and retention basins, dikes, overflow chan- nels, pump stations, etc., that have been designed and constructed expressly for use by the general public. Such public stormwater facilities do not include facilities not accepted by the city for maintenance. (Code 1972, § 93-17) Secs. 26-549-26-565. Reserved. AN 01:01 4. 1 W. Horsetooth Road( I� IN-2 IF Poudre R-1 1989 Elementary School and 1990_Junior High School Site �� W. Harmony Road v � . Z W V W K 26 r �l "EXHIBIT B" OPINION OF PROBABLE COST FOR MAJOR DRAINAGE IMPROVEMENTS The following storm drainage improvements are required at the 1990 Junior High Site to convey 100 year developed flows through the site according to the basin master plan and criteria given by the City of Fort Collins Storm Drainage Department: ITEM DESCRIPTION EST. UNIT UNIT TOTAL COST NO. QUANTITY PRICE 1 42" RCP CL. III 688. L.F. 50.00 34400.00 2 42" RCP F.E.S. 8 EACH 587.50 4700.00 3 RIP -RAP 8 C.Y. 50.00 400.00 4 TRASH RACKS (WYO. STATE STD.) 8 EACH 335.00 2680.00 TOTAL $42180.00 The following storm drainage improvements are the improvements which would have been required at the 1990 Junior High site to convey offsite 100 year historic flows through the site: ITEM DESCRIPTION EST. UNIT .UNIT TOTAL COST NO. QUANTITY PRICE 1 36" RCP CL. III 344 L.F. 42.50 14620.00 2 36" RCP F.E.S. 4 EACH 562.50 2250.00 3 RIP -RAP 4 C.Y. 50.00 200.00 4 TRASH RACKS (WYO. STATE STD.) 4 EACH 323.00 1292.00 TOTAL $18362.00 The difference of these two tabulations amounts to $23818.00, which is the probable construction cost eligible for credit or City repayment. The other related cost eligible for credit or City repayment in- clude professional design which is estimated at $3000.00. The total cost of storm drainage improvements eligible for credit or City repayment is $26,818.00. Prepared by: Stan A. Myers, P.E. Title: Project Engineer RBD, Inc. 2900 S. College Ave. Fort Collins, CO 80525