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HomeMy WebLinkAboutFOUR SEASONS PUD SIXTH - Filed GC-GENERAL CORRESPONDENCE - 2003-11-04h.:M Development Consulting 305 W. Magnolia 9263 Fort Collins, CO 80521 (303) 223-8654 March 15. 1990 City of Fort Collins Planning ni.ng Department ?.0. Bon 580 Fort Collins, CO. 80522 Attn: Mr. Mike Herzig Re: Four Seasons Sixth Filing Dear Mike: This 'letter is being written to inform vot: that or March 5, 1990 I recnpdw a lien awniwqt the 7rnnerty known as Four Sea"ons Sixth FUIn(r for on--p)ayinent Df services. A copy of the recorded 3 _ en is enclosed for ycur re fe ,once. 'T.7;is project is presently in the process of review by the City and it is my under L:,cl:no that it intended for final hearing arh April. The engineer of -record an the Drn'ect is Ynrthern Engineering Services. intend ?ing this plat as a lien F']e�1sF ��'.' %1WHrp? t � c$_ __J��: iS�2ni._ CJ'1 holder of record until the amount indicated in the lien is paid in full. Lucia F v in ,, rIt n1ev i » rvec .. �,_.e '.�_T�� r.c.t mbr�,.c.r or. t : i�ro =rtV and has also been notified. if you have any questions Tease do not hesitate to contact me at my present office n-imber: 493-2044. Sincerely, j Rick Mattingly cc -- Mike 'ones; Northern Engineering Services John wieeler: Brawn Farm Joi.:,t Venture MICHAEL O. LIGGETT MICHELE KING MCKELLAR' THOMAS H. MOORE ERIC A. PETERSON DAVID S. POWER KELSEY J. SMITH DAVE WILLIAMS ZACHARY G. WILSON 'Also Admitted In Wyoming MOORE, SMITH & WILLIAMS, P. ATTORNEYS AT LAW 425 WEST MULBERRY STREET, SUITE 112 FORT COLLINS, COLORADO 80521.2896 September 28, 1992 TELEFA% NUMBER: 221-6378 City of Fort Collins Engineering Department Attn: Mr. David Stringer 281 North College Avenue Fort Collins, CO 80522-0580 O TELEPHONRS (303) 482-97 FACSIMILE 1303) 482-0339 C�?li .Q .- kAJ . ��_"�✓ VIA TEL FAB AND ALSO �4 M� �(a FIRST CLASS U.S. MAIL, Re: Schmidt Earth Builders, Inc. - City of Fort Collins Dear Mr. Stringer: Our firm represents Schmidt Earth Builders, Inc. in regard to the following matter. Schmidt signed an excavation subcontract with Craftwood Homes, Inc. dated August 29, 1990 for the Four Seasons, Sixth Filing job. Our client has recently given me, for review your letter to them of September 15, 1992. In addition, I have gone over the contract itself and the numerous documents and correspondence about the above job that have been exchanged between the various parties. First, our client wants to assure everyone that they value the long standing and good business relationship they have had with the City of Fort Collins. Schmidt Earth Builders has enjoyed an excellent reputation in this community through out the years and continues to strive daily to maintain this reputation. In support of the above, Schmidt initially came forward, when no one else would, to discuss the apparent problems with the above job. From a review of their contract, it appears that Schmidt has performed all requirements of them. This has been substantiated by the independent review of Terracon Consultants SE, Inc. Nevertheless, to date, Schmidt has expended in excess of $10,000.00 of its own money to complete certain ongoing repairs in connection with the above job. Ironically, as a result of Schmidt's voluntary cooperation given, in an effort to resolve this matter, the City apparently now claims that Schmidt is solely Mr. David String(, September 28, 199< Page 2 responsible for all alleged damages under the contract. This is incorrect. Further, Schmidt cannot continue to solely bear the expense of these ongoing repairs. It appears evident from a review of the contract itself, and of the study done by Terracon, that there are other parties directly liable for any problems that presently exist with the above job. Nevertheless, our client is aware of the time and expense incurred with disputes of this type. As a result, we are writing you this letter in the interest of good faith negotiations. In your above letter, you encourage Mr. Schmidt to schedule a meeting with Mr. Diede and yourself to discuss the present situation. We welcome the opportunity to sit down at such a meeting and openly discuss all issues. To the extent you feel more comfortable, certainly Mr. Eckman, as the responsible City attorney for this matter, is welcome to attend. We are available for any such meeting during the week of October 5th, ideally the 5th, 6th or 7th. You conclude your above letter by stating that if this matter cannot be resolved, it is the City's intent to take action against our client's bond, and further, that our client's contractors' license be revoked. The above comments made by you, in behalf of the City are very serious threats. I recommend you obtain more factual information and document it before you make the above types of intimidations. You are assured that our client will vigorously pursue all legal action against the City if, in fact, such threats are carried out. I respectfully suggest that it is in everyone's interest at this point in time to verify the relevant facts and hold the above meeting before this matter deteriorates further. Please discuss this letter with Mr. Diede and contact me directly about out meeting. Thank you. Re pec fully Kelsey mith KJS:jjb cc: Schmidt Earth Builders, Inc., Attn: Mr. Dick Schmidt April 9, 1990 Mr. Mike Hertzig Development: Services City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado 80521 re: Four Seasons Sixth Filing Fort Collins, Colorado Project No. 9001.00 Dear Mike: We are requesting a variance to the Ci-ty's street design standards as they apply to Benthaven Court in the proposed Sixth Filing of the Four Seasons Planned Unit Development. The variance would allow for a short -necked cul-de-sac to be placed off of Benthaven Street, as shown on the attached drawing. (Reference paragraph 1.02.13, of "Design Criteria and Standards for Streets".) The project is a proposed 45-lot single-family development. on 13.64 acres in southwest Fort Collins. It Is accessed by a single residential loop street which serves only this proposed subdivision so traffic volume is expected to be low. Existing site constraints have combined to dictate the proposed placement of this cul-de-sac_. These constraints are: 1. The existing stub of Benthaven Street, which is l.ocateid on the eastern boundary of the project, dictates where the loop street must tie in and the horizontal_ alignment it must meet. 2. The existing 15-inch sanitary sewer main, which must be kept either in a street or on the line between lots, has determined the east. -west alignment of Benthaven Street and the necessity for a lot line to be located as shown between lots 29 and 30. 3. The McClelland Creek Drainage Channel, which is located on the south property boundary• is part of the City'e. Master Drainage Plan and is designed to carry 224.415 gal.lons• per minute. It consumes a 65-foot wide tract on the south. Mr. Mike Hertzig April 9, 1990 page 2 After discussing the above problems with yourself and Mark Taylor of the Water and Sewer Department, we have aligned the streets and lots as shown. The cul-de-sac has been placed as far east and south as possible, while still maintaining a radial lot line to be located on top of the existing sanitary sewer. At your request, we have increased the radius of Benthaven Street to the maximum which willfit between the alignment of the existing stub street and the existing sanitary sewer. This pulled the opening for the cul-de-sac as far north as possible. In reviewing this design. I feel that it should pose no operational problem. In support of this opinion, I submit the following points: 1. The cul.-de-sac entrance is on the outside of the Benthaven Street curve and is located at a high point so drivers approaching and leaving the cul have good visibility. 2. For a design speed of 30 mph, the minimum required Corner Sight Distance of 300 feet (City, Table 2) is greatly exceeded in both directions. (See attached drawing.) We recommend that any planting in the street Right -Of -Way adjacent to the cul be restricted to grasses or very low shrubs. 3. For vehicles approaching the cul-de-sac, the Stopping Sight Distance of 200 feet is again exceeded by a large amount. 4. Driveways can easily be located so as to present no conflict. The drives for Lots 29 and 30 will be at the rear of the cul, while those for Lots• 28 and 31 can be c,n Benthaven Street or deep in the cul. We recommend that the drive locations be approved by the city prior to construction. I hope that these comments address any concerns that you may have regarding this proposal. If you have any comments or questions regarding this issue,„.,pTeiar4e contact me at your earliest Aconvenience. Sincerely, Michael F. Jones,a P.E. Colorado Registration No. 25033 ' ffp 114rypA^"��` Message. Dated: 05/04/90 at 0951. Sub .)ect: Four Seasons 6th Sender: Susan HAYES / CFC52/01 Contents: �. TO: Mike HERZIG / CFC52/01 Part 1. FROM: Susan HAYES / CFC52/01 TO: Mike HERZIG / CFC52/01 Fart 2. Mike, Sorry for the lateness_ of this information. But here goes! Development Agreement Language for Four Seasons 6th Filing: 1. All drainage facilities shall be constructed and certified prior to the release of 11 building permits, . 2. The standard erosion control paragraph The Developer agrees to construct certain Master Planned Drainage facilities as shown on the approved utility plans_. A portion of the costs of these facilities are eligible for reimbursement per the attached Exhibit B and Chapter 26, Section , of the City Code. 4. The Developer understands that there is a 2-yr warranty period for the channel vegetation. During this period the Developer is responsible for any irrigation, mowing and weed control required to establish the vege- tation. The City shall accept maintenance of the channel after 2 years if there is satisfactory establishment of the vegetation per the Storm Drainage Design Criteria and Construction Standards. I will be at the library this afternoon at my open house. If you have any questions you can stop by! I expect to see you there sometime!!! Susan End of Item 5. Intray :> Four Seasons 6th 5/4/90 (iii) The Developer and the City agree that a 2 year warranty period shall be in effect beginning at the time of City acceptance of the drainage channel improvements as is shown on the approved utility Plans. During the 2 year period, the Developer is responsible for all irrigation, mowing and weed control required to establish the vegeta- tion. The City shall accept maintenance at the end of the 2 year war- ranty period if the vegetation is established and in accordance with the City Storm Drainage Design Criteria and Construction Standards. HPDesk Local Print for Steve BIEGLER Start of Item 3. Message. Dated: 09/10/90 at 0849. Subject: Engineering Inspection Policy Sender: Gary DIEDE / CFC52/01 Contents: 2. TO: Steve BIEGLER / CFC52/01 Part 1. FROM: Gary DIEDE / CFC52/01 TO: DISTRIBUTION Part 2. On Friday, September 7, 1990 a meeting was held with the Engineering Inspection Division to discuss the current procedures and policies regarding contractor inspection requests and mobile phones. After discussing these concerns, it was decided that the following changes will go into effect. INSPECTION REQUEST POLICY: o Requests made before 8:00 a.m. will be inspected on that day. o Requests made after 8:00 a.m. will be made no later than 5:00 p.m. the following day, as a standard response. However, inspectors may be able to get there sooner if workload permits. o After 5:00 p.m., extension #6605 will no longer be forwarded to the Inspection Recording extension #6609 to avoid unnecessary lag time left on the recorder by calls other than requests for inspections. MOBILE PHONES: o Inspectors will use their discretion in providing mobile phone numbers to others outside of the city. o Any secretary and/or city employee can have access to mobile phone numbers and call direct. o Office calls from contractors will be handled by taking a message; mobile phone numbers will not be given out unless an emergency crisis develops --use your discretion. ltg End of Item 3. thh, CRAFTWOOD HOMES PF01w, April 24, 1991 Mr. Dave Stringer Engineering City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Dear Dave: APR 3 ) igal I am requesting the release of a temporary C.O. for Lot 16, Four Seasons 6th Filing, A.K.A. 824 Benthaven Drive. We already have escrowed the unpaved portion of Beaver Creek Drive, so the additional distance from Beaver Creek to the west side of lot 16 is 355'. 34'x 355' = 12,070 s.f. = 1,341 s.y. 1341 s.y. x $3.05/s.y. = $4,090.39 Please find enclosed a check for $4100.00 to cover the amount of escrow. 711rely, �Odau e t LAO/eh cc: Joe Zahn, Home Federal John H. P. Wheeler P.O. Box 1149 • Fort Collins, Colorado 80522 • 303-493-6787 Northern Engineering Services, Inc. June 4. 1991 Mrs. Susan Hayes Stormwater Utility Cit_v of Fort Collins 235 Mathews P.O. Box 580 Fort Collins, Colorado 80522-0580 re: Four Seasons Sixth Filing Drainage Certification Project No. 9001.06 Dear Susan: Northern engineering has conducted surface inspections of the completed drainage improvements for Four Seasons Sixth Filing during the period from April 2 through May 31 of this year. In addil,ion. personnel from Intermill Land Surveying have conducted surveys of the completed work to verify compliance with the design drawings prepared by this office in 1990. Records of this survey will be kept on file in this office. The above investigation found the finished construction to be in substantial compliance with the approved design for the improvements. Where there has been deviation from the design, we have confirmed that the constructed work will meet the intent of the design. These changes are outlined below: 1. The design for Channel Reach No. 3 calls for a channel bottom slope of 0.25%. Realistically, this is a very difficult slope to build exactly, and some variation has occurred. We feel that this variation is within the normal variability for concrete channel construction at this slope. As a check, the computer model of the channel was modified to reflect the as -built configuration and a new backwater curve was calculated to determine if there would be any impact on the performance of the culverts crossing under Benthaven Street. at channel station 12+37. It was determined that there will be no effect on the calculated flow through these culverts. A copy of the revised channel water surface profile is enclosed. 421i j H e� . _, • F n (. i!ins. C�ort �fi�21 �3031 221 -4155 Mrs. Susan Haves June 4. 1991 pa e 2 2. In order to preserve an existing mature tree on the south side of Lot 41. the concrete pan elevations on the south side of the lots to the east was altered for a revised grade. Inspection of the work after the lots were graded has shown that the pan will work as intended and that the over -lot gradin! will allow for proper drainage from the area. Additional spot elevations were obtained as confirmation and are included on the attached red -line drawing, sheet 9. 3. The culverts crossing Benthaven Street at channel station 3+81 were placed approximately 0.3 foot high at the west end. This has resulted in a flat section of channel for approximately t0 feet upstream. Since this is in the acceleration zone of the culvert approach, we do not feel that sediment deposit will be unusually high at this location. 4. The top of the drop structure at channel station 0+88 was field -modified to fit existing conditions of flow reaching the site from the west. it appears that this will function satisfactorily until the future channel to the west replaces it. 5. Seeding of a small area at the south end of of the swale which runs on top of storm sewer line A was not complete at the time of the last inspection. Copies of sheets 8, 9, and 10 of the design drawings have been \ 9n -'4'11 red - lined to indicate the as -built conditions of the drainage improvements and are included with this letter. If you have any questions or comments regarding this work, please feel free to contact me at. ,your earliest convenience. .11hl.-/iAO Sincerely, NORTHERN ENGTNEERI`� Michael F. J es. P. SERVICES, INC. A_ E. 25033 W1