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HomeMy WebLinkAboutFOX MEADOWS - Filed GC-GENERAL CORRESPONDENCE - 2003-11-28F�;�,-• ` ;� r"" XG GAY �-• u `1 .3ar �11c.�l�udra�« rriiary J'/..%7cirtt� November 28, 1979 Mr. Scott Albertson GEORGE ALAN HOLI[.'Y & ASSOCIATSS Attorneys at Law 13949 west Colfax Ave. Golden, CO 80401 Dear Scott: MEDEMA-SPRING CREEK FARMS r a I had a ca11 yeaterday from one of the Spring Creek FarmsSoli e. asking when we might: anticipate receiving reimbursement for attorney's�j0 fees extended in the acquisition of the right-of-way and the negoti_atiot D v of the agreement between Medema, the City and Spring Creek. On last monthsv - bill.iug I had sent them a compilation of accumulated attorney's fees incur-�v red and paid by them in this matter. Apparently they did not realize that they should have forwarded this stacment to you. I am therefore enclosing statements of fees rendered over the period of involvement on this matter. As you will note they total $1,235.00 As you will recall the agreements provided that these funds would be advanced by you, but taken as a credit on the total_ proportion of storm drainage costs assessed against your client. My apologies for failure to communicate on this matter. They did re- . ceive the $6,000 cheek for easement cost through this office, but apparently the information needed to finalize the companies cash requirement was omit- ted. Best /aersonal D. BEATTY JDB/jmp F.nclos ure cc: Mr. Bill Teller Medema Homes, Inc. Building 43 QQ ; n•rr 0 MEDEMA HOMES, INC. Page 2 (4) To the extent to which the drainage improvements con- structed by Medema Homes contribute to reducing the cost of the overall basin improvements, the cost of Medema's improvements will be a credit against the storm drainage fees for their development. These costs will be refunded at such time as monies accumulated in the drainage fund are designated by the City for the purpose of repayment. (5) In addition to the items above, the normal subdivision requirements (on -site detention, drainage report, etc.) are required for final approval by the City. The details of collecting the fee, possibly phasing the sub- division, and any other minor issues should be resolved in the subdivision agreement prepared in conjunction with our review of the subdivision utility drawings. If the approach outlined above is acceptable to Medema Homes, I would appreciate a written response to that effect so that we can draft the sub- division agreement. If there are any areas which require additional clarification, or if you have any other questions regarding this matter, please contact our office. Sincerely, Marc Engemoen Civil Engineer CC: Willard B. Teller, Medema Homes Bill Tiley, University Realty A HOMES, INC. A DIVISION OF AMERICAN CONTINENTAL CORPORATION July 9, 1979 City of Fort Collins P. 0. Box 580 Fort Collins, CO 80521 ATT11: Mr. Marc Engemoen RE: Fox Meadows Dear Marc: Thank you for your letter of June 29, concerning the storm drainage problem in Fox Meadows. As I stated in my letter of June 18, I agree that Medema Homes would participate on an equitable basis with credit given for offsite drainage improvements we are currently planning to construct. I think, however, that requiring Medema to pay $0.05 per square foot for drainage improvements is; 1.) premature in that a study has not been prepared to the extent that a good and reliable estimate of costs are known and no other developers have agreed to participate other than ourselves; and 2.) subject to more definitive cost estimates, for instance Wood Bros. had an overall study by Black & Veatch before Woodwest drainage responsibilities were established. In paragraph 2, it is stated that Medema would be responsible for all onsite and offsite costs. Since we are acquiring additional rights -of - way along Horsetooth Road that will be permanent and usable by the City, this cost should be credited toward eventual drainage basin costs. Since paragraph 4 states that we be given credit on facilities that tend to reduce overall basin costs, paragraph 2 contradicts. The retention pond in Fox Meadows retains flows and thus reduces downstream drainage costs; why shouldn't credit be given on this expense? Concerning paragraph 3, it is not the intention of the North Poudre Irrigation Company to commit the City to completing permanent improvements within two years. Rather it is their intention to have the basin improve- ments completed as development upstream causes developed flows. Their real concern is making sure that efforts are made to complete a basin study and implement its construction on a timely basis. We cannot be responsible for these actions beyond commiting to our own development DENVER TECHNOLOGICAL CENTER • BUILDING 043 5295 DTC PARKWAY • ENGLEWOOD. COLORADO 80111 • (303) 770-0400 City of Fort Collins July 9, 1979 Page 2 which is why the City must accept responsibility at the end of two years. Paragraph 4 and 5 are acceptable as noted above. I would suggest the following: 1.) Inclusion into the Fox Meadows Subdivision Agreement of a provision that Medema would agree to enter into a Special Improvement District assessing our property for costs to improve the drainage basin. This assessment would give the City 100% of the cost up front without having to "piece meal" the system as development occurs and it would assess all properties in the basin, not just those that were unfortunate to develop after the necessity of an overall basin improvement program developed. Our agreement cannot be tied to a specific cost per square foot or acre until the City has specific costs related thereto. 2.) A provision allowing Medema credit against the Special Improvement District assessment for their costs relating to Horsetooth Road right-of-way and onsite retention pond costs. A basin wide study will undoubtedly indicate the value of retention and, more importantly, a staggered time of concentration down the basin so as not to cause the summation of each individual hydrograph which defeats the purpose of retention. 3.) Assuming the City understands the intent of the NPIC, a provision accepting responsibility at the expiration of the two year period. If the City establishes a Special Improvement District you can see that the two year period is entirely functional in that phasing of the eventual overall plan can be implemented as areas of common concern develop. Medema cannot be responsible for actions beyond our property especially considering the time period given to satisfy a logical requirement on the part of the NPIC. As we are quite anxious to resolve this issue before the City Council hearing of July 17, I look forward to meeting with you, Don and Roy to discuss this further if necessary. Please let me know at your earliest convenience. Very Truly Yours, MEDEMA Ha0 s u WILLARD B. TELLER, Director Land Planning/Development WBT/kb xc: Bill Klein K. Bill Tiley John Hutchinson July 11, 1979 TO: John Arnold, City Manager THRU: Foy Bingman, Director of Engineering FRom: Don Parsons, City Engineer SUBJE)Cl': Condemnation of Drainage Easement - Glen Johnson Property - Fox Meadows Subdivision Final approval of Fox Meadows Subdivision has been withheld pending solution of the problem of disposing of the discharge from the detention pond for Fox Meadows Subdivision. The Developer has had his engineer investigate several solutions. The most expedient of which would include an open ditch along the south right of any of Horsetooth Road adjacent to Mr. Glen Johnson's property. The Developer and Mr. Johnson have met several times and have been unable to arrive at a mutually satisfactory solution. Therefore, the Developer has asked the City to assist him in acquiring the necessary easement by condemnation. The area to be condemned would be required dedication for street width when the Johnson property is annexed to and developed within the City. We reccumend the condemnation proceedings be initiated. GE DANIEL S.M. SMITH S(;O"I-r I). ALBERTSON DENNIS 13. POLK �I Lam' Fox V�1 t �.�o✓s RGF. ALAN HoLLF1 &- AssOGIA i Fs ATTOHNEYS AT LAW 139.19 iVLST GOLYAX AvLNDE GOLDEN, GoLoHADo 80401 James D. Beatty Attorney at: Law _ 307 West Magnolia P. 0. Box 1336 Ft. Collins, Colorado 80522 Dear Mr. Beatty July 12, 1979 PHONE 2330636 Enclosed is a proposed draft of a License for Discharge of drainage Water between American Continental. Corporation, d/b/a Medema Homes, client of this office, and Spring Creek Farms, inc., your client. This agreement is submitted to you pursuant to our meeting in your office on July 11., 1979. We would appreciate it if you could review this revocable license with your client as soon as possible as Medema's final, plat: approval is subject to resolution of the storm drainage discharge problems associated with the Fox Meadows Subdivision. - As you were advised on July 11, 1979, Medema Homes has submitted a petition to the City Council, City of Ft. Collins, requesting that it adopt a resolution authorizing condemnation of an easement for drainage purposes over that property described in the License. City Council will be considering Medema's request on July 17, 1979. City staff has indicated to Medema that the easement is necessary for the construcLi_on of public improvements associated with the Fox Meadows Subdivision. Pursuant to the City's request, Redema IIomes has obtained an appraisal of the proposed easement from John S. Butter, MAT. A copy of the appraisal .s also submitted herewith. As you can see, the indicated value of the fifty foot easement is $4,400.00, primarily based on the fact that 60% of the proposed easement is within the right of way for Horsetooth Road. The City has requested that Medema extend a formal offer on behalf of the City to Spring Creek Farms, Inc. to purchase a permanent easement over the North 50 feet of the NE 1/4, Section 32, Township 7 North, Range 68 West of the 6th P. It., County of Larimer. Thus, as an alternative to granting a revocable license, Spring Creek Farms, Inc. is hereby offered $4,400.00 i:or a permanent easement over the above described property. James D. Beatty 2 Medema would obviously prefer to resolve this matter on an amicable basis without having to deal with the City in an eminent domain proceeding. I believe that the proposed License offers certain advantages to your client, as we discussed on July 11. - Please review the License and contact me as soon aS possible with your input on this proposal. Thank you for your cooperation. Sincerely yours, GEORGE ALAN ROLLEY & ASSOCIATES ku Scott D. Albertson SDA/bdc Enc. COURTLYN W. HOTCHKISS DISTRICT I EXT 566 NONA THAYER DISTRICT II EXT 266 LARIMER COUNTY COMMISSIONERS DAVID C. WEITZEL P.O. BOX 1190 DISTRICT III FORT COLLINS, COLORADO 80522 EXT 267 221-2100 669-3646 July 23, 1979 Mr. Jim Nichols M & I, Inc. 4710 S. College Ave. Ft. Collins, CO 80525 Dear Jim: ENGINEERING DEPARTMENT EXT. 392-393 WILLIAM W. CAMPTON COUNTY ENGINEER ROSSW.SHAW ASST. COUNTY ENGINEER Reference is hereby made to the April 26, 1979 drainage plan for Fox Meadows Subdivision. 1. The open ditch from the Northeast corner of Fox Meadows Sub- division to Road 9 has drainage cuts from the Glen Johnson farm. Excess i r3t er from the west could back water onto the Johnson farm. 2. Larimer County desires an approved drainage system to be directed north along County Road No. 9 to the Fossil Creek Inlet Ditch. 3. The pipe drain in the south borrow pit of Road 40 east of Road 9 would create an erosion problem for the road. There are also springs under the road in this section which would be worse if the drain ditch were filled. The deep ditch as now in operation keeps the road drained for the most part. Respectfully submitted, William W. Campton County Engineer WWC:mr cc: Ed Force County Road Supervisor Glen Johnson / Maurice Rupel, City of Ft. Collins A HOMES, INC. A DIVISION OF AMERICAN CONTINENTAL CORPORATION July 25, 1979 City of Fort Collins P. 0. Box 580 300 LaPorte Ave. Ft. Collins, CO 80521 ATTN: Maurie Ruppel RE: Fox Meadows - Street Profiles, Storm Sewer Plans, Water Distribution Plans Dear Maurie: Medema Homes, Inc. respectfully requests permission to install curb, gutter, sidewalk, storm sewer and water mains in Fox Meadows prior to recordation of the final plat. We understand and acknowledge that plans and profiles for said construction must be approved by the City prior to commencement of work. We acknowledge that there may be minor changes made to the plat before its final approval and further agree to accept responsibility for any re -construction of the system resulting therefrom. We further understand that said system will not be accepted by the City until the final plat is recorded and all work has been completed and inspected for compliance with the standards and specifications of the City of Fort Collins. Very Truly Yours, MEDEMA HOMES, INC. GARY BEVER. Const. Coordinator Land Planning/Development GB/kb xe: Bill Teller DENVER TECHNOLOGICAL CENTER • BUILDING 043 5295 DTC PARKWAY • ENGLEWOOD, COLORADO 80111 • (303) 770-0400 MEDEMA HOMES, INC. A DI VISION OF AMERICAIN CONTINENTAL CORPORATION July 27, 1979 City of Fort Collins P. 0. Box 580 Fort Collins, CO 80521 ATTN: Mr. Roy Bingman, Director of Community Development RE: Fox Meadows Dear Roy: AtJ G 01 i979 Public Works Administration As you know, Medema is in the process of platting and developing our Fox Meadows subdivision. The property was annexed and zoned by the City in December of 1978,, and we received preliminary plat approval by the City Council on Marcli- 13, 1979. By memo from Mr. Arnold dated June 1, 1979, our final plat was recommended favorably to Council for their hearing of June 5, 1979. Prior to the hearing, however, we were removed from the agenda by your staff because of what they determined were unresolved problems; specifically, an outfall for storm water. Fox Meadows lies 500 feet east of Timberline Road on Horsetooth Road, at the eastern edge of the City and thus drainage plans and concerns have not been consumated for this basin. Even though our drainage system has been designed to meet: City engineering standards, we have been unable to receive plat approval. Indeed the amount of water we are considering is only 12 c.f.'s. in light of the fact that we are only discharging a historic two year storm while detaining a developed 100 year storm. We reluctantly agreed to contact downstream property owners even though we felt this was something that should have been handled by the City and County staff. The outcome of our discussions have involved us with two property owners who dislike each other ; a ditch company, all of whom distrust the City. The reason for their distrust becomes apparent especially considering the City's recent decision to eliminate the funding for the master drainage study in the Fox Meadows basin promised by you personally to the Board of Directors of the North Poudre Irrigation Company. The commitment by the City to conduct and ultimately inplement such a basin wide drainage study was the key element in the agreements we had managed to negotiate with both the Irrigation Company and Mr. Glen Johnson (property owner east of Fox Meadows). Now that this has apparently been eliminated, we have lost our agreements. DENVER TECHNOLOGICAL CENTER • BUILDING 443 5295 DTC PARKWAY • ENGLEWOOD, COLORADO 80111 • (303) 770-0400 City of Fort Collins July 27, 1979 Page 2 Therefore, inasmuch as the City deemed Fox Meadows capable of receiving urban services, among which is storm drainage, we demand a decision with respect to thesedownstream entities by the City. Our hands are tied and yet we bear the brunt of the problem. Other properties developing around Fox Meadows havethe same problem so the magnitude of this demand cannot be reduced to an individual property or developer. Please advise me as to how we proceed from here at your earliest convenience as we feel that enough time has passed in order to proceed with the platting and development of Fox Meadows. Keep in mind my suggestions to you that the drainage study can be funded through the formation of a Special Improvement District assessing all properties within the basin. We would still agree to pay an equitable assessment as soon as an amount can be established. In any event, it is hoped that you may have solutions to offer and discuss at our meeting with you next Thursday, August 2. Very Truly Yours, MEDEMA HOMES, INC. 1 0, WILLARD B. TELLER, Director Land Planning/Development [dBT/klb xc: Bill Klein Everett Pfeiff K. Bill Tiley Art March, Esq. Scott Albertson, Esq. MEDEMA HOMES, INC. A DIVISION OF AMERICAN CONTINENTAL CORPORATION January 24, 1979 City of Fort Collins P. 0. Box 580 Ft. Collins, CO 80521 ATTN: Donald Parsons RE: Fox Meadows Dear Don: In order to process Fox Meadows, Filing No. 1 through FHA and VA, we would request that you provide a letter of intent to maintain streets, drainage structures, street signs, lighting, and sewer and water facilities for this project. we would ask that this letter be sent to me as soon as possible. If you have any questions concerning this, please contact me. LDc /klb Very Truly Yours, Z,MEDEM HOMES, INC. �� 420 LINDA D. SCHUBARTH Administrative Coordinator DENVER TECHNOLOGICAL CENTER • BUILDING 443 5295 DTC PARKWAY • ENGLEWOOD, COLORADO 80111 . (303) 770-0400 GEOI<GE ALAN HOLLEY LAC AssOGIAIns ATTORNEYS AT LAM' 13949 WEST COLFAX AVENUE GOLDEN, COLORADO 80401 DANIEL S.M. SMITH SCOFF D. AI.BFRTSON DENNIS 13. POLK Don Deagle Assistant City Attorney City of Fort Collins Fort Collins, Colorado 80521 Dear Mr. Deagle: September 5, 1979 Re: Fox Meadows Subdivision Medema Homes PHONE 233-7838 This is to confirm several meetings and phone conversations which you and I have had during the months of July and August, 1979, regarding the Fox Meadows Subdivision in Fort Collins, Colorado, a subdivision being developed by Medema Homes. Specifically, this letter is a written response to your statements in our last phone conversation of August 30, 1979, wherein you indicated that the City would not continue further processing and consideration. of the final plat for Fox Meadows until the City heard from Medema. As you are aware, Medema Homes is the owner and developer of the Fox Meadows Subdivision. The subdivision consists of 244 lots situate on 65 acres. The property is zoned RLP in the City of Fort Collins. The preliminary plat for the subdivision was approved on March 13, 1979, by the City Council. Subsequent to approval of the preliminary plat, Medema has requested and obtained permission from various city officials to perform the overlot grading in the subdivision, and to install onsite sanitary sewer lines, storm sewer lines, water lines, and curb and gutter. Medema's development costs, to date, are approximately $300,000.00. This money has all been spent pursuant to permits from the City and in reliance on continued representations by the City that there would be no particular problem with final plat approval. ` The only item holding up final plat consideration and approval is associated with offsite storm drainage requirements. The storm drainage system interior to Fox Meadows is designed according to City requirements. According to these requirements, the detention facilities in the subdivision are allowed to discharge 12.65 cfs of water. Don Deagle, Assi6 nt City Attorney, City of Fort )llins 2 After numerous discussions with the City in early summer, it was determined that from the point of discharge from Fox Meadows, the storm water should flow in an easterly direction on the south side of Horsetooth Road to County Road 9, then along the north side of Horsetooth Road to the Fossil Creek Inlet, an irrigation canal owned and operated by the North Poudre Irrigation Company. This was perceived by the City as a temporary measure, pending completion and implementation of a master drainage study for the basin in which Fox Meadows is situate. Medema was told by the City that it should work out an agreement with North Poudre Irrigation Company and should attempt to secure a license or easement for discharge of water from an intervening property owner, Spring Creek Farms, Inc.. Medema was advised that if an easement could not be obtained from said property owner, the city staff would recommend initiation of condemnation proceedings in conjunction with approval of the final plat. Medema met with representatives of the irrigation company and the intervening property owner. As a result of these meetings, it appeared that the irrigation company would agree to grant Medema a temporary license for the discharge of 12.65 cfs of water into the Fossil Creek Inlet. In addition, it was apparent that Spring Creek Farms, Inc. would oppose any discharge across its property. All of the above actions transpired prior to June, 1979. In early June, Medema requested the assistance of this office in several particulars. First, we were asked to coordinate the negotiation and drafting of an agreement or license for discharge of water with North Poudre Irrigation Companv. Second, we were asked to investigate the procedure for condemnation of an easement over the property of Spring Creek Farms, Inc. by the City of Fort Collins. Finally, we were asked to proceed with the prerequisites for condemnation. The negotiation and drafting of an agreement with North Poudre Irrigation Company has been completed. During the second week of June, 1979, I contacted you with respect to the City's condemnation of an easement over the property of Spring Creek Farms, Inc.. At that point, the final plat was scheduled for City Council consideration on July 17, 1979. You indicated that your office would prepare the resolution authorizing condemnation, but would need a letter from Medema setting forth the nature of negotiations with the property owner and requesting condemnation, a title commitment showing legal description and ownership of the easement, and a written appraisal of the fair market value of the easement. All of these documents were delivered to your office on July 5, 1979. On July 11, 1979, I had a phone conversation with you and you indicated that you had received and reviewed this documentation and that no further information would have to be provided to the City in order to initiate condemnation. You did indicate that Glenn Johnson and Spring Creek Farms, Inc. should be offered the fair market value of the easement by Medema. You were advised that such an offer would be made to the property owner by Medema at a meeting in the offices of James Beatty, Attorney for Spring Creek Farms, Inc., on July 11, 1979. Don Deagle, Assi: at City Attorney, City of Fort illins 3 At the meeting of July 11, 1979, Medema and Spring Creek Farms discussed the potential of Medema securing a temporary license for discharge of water across the property of Spring Creek, similar to the license granted by North Poudre Irrigation Company. On July 12, 1979, a proposed temporary license was drafted and submitted to Mr. Beatty together with an alternative offer to purchase an easement over the property for $4,400.00, its appraised value. You were advised of this offer. On .July 17, 1979, the scheduled date of plat consideration, no response to the offer had been received. The final plat for Fox Meadows was removed from the agenda on .Tuly 17, 1979, for the second time. Previously, the final plat had been .scheduled for hearing on June 5, 1979, but was removed by city staff because of the unresolved offsite storm drainage problems. On July 17, 1979, staff again removed this item from the agenda due to problems with determining Medema's future participation in implementation of the anticipated master drainage study for the basin. City staff felt that this participatory obligation of Medema should be set forth in the subdivision improvements agreement for Fox Meadows. On July 26, 1979, we had a brief telephone conversation wherein you were informed of Medema's displeasure with being removed from the City Council agenda and were further informed of Modems's substantial investment in development of the property. At that time, Medema had been informed that the master drainage study for the Fox Meadows basin would not be funded by the City, contrary to all prior representations by the City and contrary to the premise of negotiations with North Poudre and Spring Creek. You were advised of a meeting between Medema and the city engineering staff scheduled for August 2, 1979. On August 2, 1979, a meeting was conducted in the city offices. Roy Bingman, Mark Ingemoen, and you were there from the City. Bill Teller and I: represented Medema. At the meeting, Roy Bingman indicated that the master drainage study for the basin would be funded and undertaken by the City. The anticipated schedule for the study was as follows:. 1) commencement of the study by the consulting engineer selected by the City on or before December 1, 1979; 2) completion of the study by December 1, 1980; 3) implementation of the study, establishment of a funding mechanisim, by January 1, 1982, All of these dates were very conservative estimates, taking into account unanticipated delays and problems. You, Bingman, and Ingemoen each indicated that the City would be willing to commit to these dates, in writing, in the subdivision improvements agreement. It was further determined and agreed that Medema would be willing to commit to paying its pro rata share of the cost of implementation of the study, based on the size of Fox Meadows. It was agreed that this commitment could be set forth in the subdivision improvements agreement, together with a maximum ceiling for Medema's future contribution. At the meeting, it was suggested that $.05/square foot would be an equitable ceiling for both parties. Finally, at the August 2, 1979, meeting, it was agreed that the hearing on the final plat and consideration of a condemnation Don Deagle, Assist c City Attorney, City of Fort ( _lins 4 resolution, :if necessary, would occur on September 4, 1979. At the meeting, Medema was optimistic about negotiating a license with Spring Creek Farms, but it was acknowledged that condemnation remained a viable alternative. On August 2, 1979, after our meeting with you and other representatives of the City, Mr. Teller and I went directly to the offices of James Beatty to advise Spring Creek Farms of the City's commitments. Subsequent to this meeting, on August 10, 1979, Medema was advised that Spring Creek would not execute a license or agreement for discharge of water with Medema. By letter dated August 20, 1979, Spring Creek was offered $6,000.00 for the easement, $1,600.00 in excess of its appraised value. A copy of this letter was submitted to you together with a statement from Medema that condemnation of the easement would be necessary. On August 30, 1979, after making numerous calls to your office and leaving requests to return my calls, I was finally able to discuss the Fox Meadows plat and condemnation with you. At that time, you stated that a representative of M & I Engineering, the firm which designed the onsite and offsite storm drainage system for Fox Meadows, met with city staff on August 24, 1979. At the meeting, it was your recollection that M & I Engineering requested a delay in any condemnation proceedings so that settlement could be explored further. Apparently, the city staff again unilaterally determined to take the final plat for Fox Meadows off of the City Council agenda. This rather lengthy dissertation details a summer of frustration in attempting to secure approval of a final plat. The City has continually represented that it would condemn a storm drainage easement across the property of Spring Creek Farms. Medema has utilized its best efforts in attempting to negotiate a settlement with Spring Creek. In fact, Medema has gone far beyond the type of negotiations which are a prerequisite to condemnation. I have attended two (2) meetings in Fort Collins with representatives of Spring Creek Farms and have written two (2) letters to them. We have not received any response or counteroffer, other than a flat refusal to convey an easement. Medema Homes has lost the summer construction season for Fox Meadows. The company's investment in property and land development is stagnating. Medema Homes hereby requests that the final plat for Fox Meadows be placed on the City Council agenda for September 18, 1979, and further requests that the item not be removed from the agenda except upon request of authorized representatives of Medema Homes. Such authorized representatives include, Bill Teller and myself. M & I Engineering has no authority to speak on behalf of Medema with respect to the scheduling of the final plat or negotiation of condemnation. Don Deagle, Assistant City Attorney, City of Fort Collins 5 Finally, Medema Homes requests that a resolution authorizing condemnation of an easement over the property of Spring Creek Farms, Inc. be placed on the agenda with the final plat. Medema Homes is willing to continue in attempts to negotiate a settlement, but there is no positive indication that any such attempts will have results different from the last 2 1/2 months. A final attempt at settlement is to be coordinated by your office and the City Manager and can certainly be concluded prior to September 18, 1979. Thank you for your consideration. Sincerely yours, GEORGE ALAN HOLLEY & ASSOCIATES Scott D. Albertson SDA/bdc XC: City Manager City of Fort Collins Fort Collins, Colorado 80521 XC: Roy Bingman Director of City of Fort Fort Collins Public Works Collins Colorado 80521 XC: Bill Teller Medema Homes, Inc. Building 43 5295 DTC Parkway Englewood, Colorado 80111 6�0�0, "\o � orc G 2b'��11 �3p31 Z Mr. Maury Rupel City of Fort Collins Engineering Dept. P.O. Box 580 Fort Collins, Colo. 80522 Dear Maury: September 5, 1979 In regard to the property owned by Fox Meadows, a Colorado Part- nership, on the southeast corner of Timberline Road and Horsetooth Road, I have been asked to provide you with this letter for your files. The small irrigation lateral on this southeast corner located immediately adjacent to the roads is now abandoned. We no longer require irrigation water for our remaining 15 acres and we are at the end of the line for this particular lateral. If you have any further questions, please call me at 226-2211. Yours truly, O / i O K. Bill Tiley Managing Partner FOX MEADOWS its T'u `St-3 G Mr. Scott Albertson GEORGE ALAN HOLLEY 6 ASSOCIATES Attorneys at Law 13949 West Colfax Ave. .Gil ©�ov yll_'11�&1l11re, ooa_22 ✓,el��orzo(903) ,22� 2090 November 28, 1979 Golden, CO 80401 Dear Scott: r3 MEDERA-SPRING CREEK FARMS I had a call yeaterday from one of the Spring Creek FarmsS70 . e asking when we might anticipate receiving reimbursement for attorney s�� fees extended in the acquisition of the right-of-way and the negotiatiocls of the agreement between Medema, the City and Spring Creek. On last monthsv billing I had sent them a compilation of accumulated attorney's fees incur-�vvvwww, red and paid by them in this matter. Apparently they did not realize that 1� they should have forwarded this staement to you. I am therefore enclosing C statements of fees rendered over the period of involvement �,a this matter. As you will note they total $1,23.000 As you will recall the agreements provided that these funds would be advanced by you, but taken as a credit on the total proportion of storm drainage costs assessed against your client. My apologies for failure to communicate on this matter. They did re- . ceive the $62000 check for easement cost: through this office, but apparently the info iunation needed to finalize the companies cash requirement was omit- ted. JDB/jmp Enclosure cc: Mr. Bill Teller Medema homes, Inc. Bui.l.ding 43 529 i D]'(: )`nrcway rnolownn.l. �'.') 20111 MEDEMA HOMES, INC. A DIVISION OF AMERICAN CONTNFNTAL CORPORATION January 31, 1980 City of Fort Collins P. 0. Box 580 Fort Collins, CO 80521 ATTN: Mr. Maurice E. Rupel, Asst. City Engineer - Development RE: Fox Meadows Gentlemen: Reference is made to the Fox Meadows Subdivision Agreement dated April 18, 1979, and Addendum I, STORM DRAINAGE.. Reference is further made to that Agreement dated September 17, 1979, between the City, Medema and Spring Creek Farms, Inc. Medema agreed to pay a maximum storm drainage fee of $0.05 per square foot of gross area within the 65.479 acre plat of Fox Meadows which equates to $142,613.62. This maximum fee will be credited back to Medema Lf the actual fee, not yet defined, is less than an equivalent of $0.05 per square foot of gross area. In the agreements noted above, it was agreed by the City to credit Medema against this maximum fee for the actual certified costs of fullfill.ing all. obligations pertaining to the offsite storm sewer. These costs were to include, but not be limited to: engineering, attorney's fees, easement acquisition, fence removal and relocation, and construction items. These costs to date are as follows: ESTIMATE TO DATE TO COMPLETE Engineering (M & I) 7,732.18 0 Field staking (Costin) 2,588.50 300.00 Construction (NPC) 163,689.87 8,500.00 Ft. Collins Light & Power (NYC) 506.75 0 Attorney Fee (Mr. Beatty) 1,235.00 0 Easement Acquisition (Spring Creek Farms) 6,000.00 0 Fence Removal (Spring Creek Farms) 1,840.50 0 Street Cut Permit (Larimer County) 50.00 0 183,642.80 8,800.00 DENVER TECHNOLOGICAL CENTER . BUILDING #43 5295 1 PARKWAY • ENGLEWOOD, COLORADO 80111 • (303) 770-0400 City of Fort Collins January 31, 1980 Page 2 Attached please find invoices evidencing the above noted amounts. I do hereby certify that these invoices represent the true and accurate costs expended to date in order to discharge the obligation set forth in the above mentioned agreements. The remaining, estimate of S8,800.00 is to cornpl.ete a concrete head wall. at the pipe discharge into the Fossil Creek Inlet and fine grade the disturbed pasture area of Spring Creek Farms. Roth of these items will he completed this spring as weather permits. The difference expended to date by Medema over and above the maximum fee, is S41,029.18 (1.83,642.80 - 142,613.62). Obviously, since we are over the maximum fee allowed, a credit cannot be applied as specified in the agreements. Therefore, would you please prepare a reimbursement to Medema in the amount of $41,029.18 at your earliest convenience. As the workis completed this spring, we will submit for a finalreimburse- ment on those items. Very Truly Yours, MEDEMA HOMES, INC. WILLARD B. TELLER, Director Land Planning/Development WBT/klb Enclosures xc: Rill Klein Bruce Richardson Scott Albertson John Franklin III (-II Y 01 FUR 1 (OI.I_INS P.O. IiOX iSO, I OK 1 (01.1 INS, (.01 OR>UO SOi]2 PH (303) �81 4220 a ENGINEERING DIVISION EXT. 728 February 26, 1980 rlr. William B. Teller, Director Land Planninq/Development "edema Homes, Inc. Building 43 5295 D.T.C. Parkway Fhglewcxod, Colorado 80111 Re:- Fox Meadows Dear Bill: Thank you for your letter of January 31, 1980 with detailed cost breakdown for the storm drainage outfall line for Fox Pseadows subdivision. Your letter has been fon.,,rded to our storm drainage utility with recommendation for payment as submitted. As you are aware, our storm drainage utility was only recently formed and, as yet, is net funded. I discussed this matter with them and Mr. Tbger Kremnel, Director of Frlsli.c [corks and [dater Utilities. Funds for reimburseiTent are not presently available but, should be by late 1980 or early, 1.981. We hope you can understand our dilemma as we appreciate the cooperation we have always received from you and your organization. Sincerely, wo-b&Z7"Y� Maurice E. Rupel, P.E. & L.S. Assistant City Engineer - Development cc: Roger Krempel Puy Bingrran Bob Smith Marc Engemoen John Hutchinson (Medema) �ld � .aro.eGeter,�il First National Tower Building William "Bill" Campton Larimer County Engineer P.O. Box 1190 Ft. Collins, CO 30522 Dear Bill: REAL ESTATE APPRAISER 215 M Oak Suite +300 Phone: 482-2217 April 19, 1979 UOpa'i'�f7lerit Fort Collins, Colorado 80521 The following is in regard to the propos Fox Meadows subdivision to be developed on part of the N2NW4 of Section 32, basically fronting on Horsetooth Road or County Road 40. This subdivision is under development as of this date, although there has been no subdivision approval, nor provisions to accomodate subdivision storm water. It is my contention that all ditches in the area are "private ditches", existing to accomodate irrigation water, and were not or will not accomodate gathered subdivision storm water. My family has operated farms in the area in excess of seventy years, and the farm on which I live since 1922. I personally have owned, lived on and operated the farm since 1946, and at no time has there been runoff created by a storm. The ditches are for irrigation purposes only. Storm drainage has never been of a quantity large enough to create a situation where the water would be deep enough to go over the banks into the ditches and run off onto other lands. It is my intention to redesign my irrigation lateral system which will result in the relocation of irrigation ditches. Any waters that are gathered and discharged from the subdivision, where no provision for its care has been made, cannot be accepted. Further, any subdivision storm water intermingled with irrigation water could create a situation detrimental under the Clean Water Control requirements of governmental agencies. It is my suggestion that careful consideration be given to any subdivision storm drainage disposal and I most urgently solicit the County's and City's cooperation and control of this matter. Pane 1 ( IIY OI IOI?I ( OI I IN, P.O. BOX580, FORT COLLI PUBLIC WORKS and WAILR UTILITIES DEPT. DATE: February 26, 1980 TO . Roy Bingman, Director of Engineering Services FROM: Roger E. Krempel, P.E., Director of Public Works & Water Utilities RE Storm Drainage Debt We recently learned that we are indebted to Medema Homes about $42,000 for storm sewer work which we can not pay. Do we have any other obligations for storm drainage? And is this building up like street oversizing did? REK:sI cc: Bob Smith Mauri Rupel MEDEMA HOMES, INC. A DIVISION Of AMEHICAN CONTINFNTAI GOHPOHAHON March 7, 1980 City of Fort Collins P.O. Box 580 Ft. Collins, CO 80521 Attn: Maurice E. Rupel, Asst. Citv Engineer Re: Fox Meadows Dear Maury: I am in receipt of your letter dated February 26 recommending payment of the S41,029.18 (paid to date) and $8,800. (cost to complete) for storm drainage expenditures outlined in my letter of January 31.. In keeping with our desire to cooperate with the Citv of Fort Collins, we would allow the Citv to reimburse Medema at such time as funds are available, or by March 14, 1981..I have indicated an interest rate of 10% per annum on the attached note for execution by the City Engineer and Manager. As soon as we complete the balance of the work we will submit a second note for the balance to be held by Medema pending receipt of funds. Please review and, if there are no problems, return the executed note to me at your earliest convenience. Very Truly Yours, MEDEMAHOMES, INC. '�dILLARD B. TELLER, Director Land Planning/Development wBT/bja xc: Bruce Richardson Scott Albertson DENVER TECHNOLOGICAL CENTER • BUILDING 443 5795 DTC PARKWAY • ENGLEWOOD. COLORADO 80111 • (303) 770-0400 I I ) til ; � i" I t nl I I%S i A(GiNi l_kl%(, IM 1SI0N P O OA �O, I u41 ( (1I 1 IVI, i (il t7.' J)U ,ail>?2 March 14, 1980 Mr. Willard B. Teller, Director T. and P1 enni ng/LbvcI l op:m�It pY�d�i!�a Boners, Inc. Ru_il_ding 43 5295 D.T.C. Parkway Engleod vxX, CO 80111 Dear Mr_. Teller: i 1 1, '0 I rc,vu%nd the recent correspondence between yourself andd -using the ins allation of the off -site storm ewer for th box ";c_�idaas Suixhvisi on. The, twwa relating to the subdivision specify that the cost of installing the off -site stone sower vould be crc,ditcd by the City against 1-he interim fie of $0.05 -x-r square foot of gross s�.lrzivision area. The aye, ruts did not pa (-ify how cnst_s in excess of the interim fce would be h,mdled Lec ai:;e the City dcx-s not p c F,,,ntly have a to provide the dove] oix r a reii-hm se:tt nt Cor such exlxnv As notc_,d in the agmelmnt, the City was to contract for a dr_ainacie plsn for the area of the Fox ";endows Subdivision. This has been done and the br3sin plan is undenaay. Once the plan is ca-iplcted it will be revic-�aed by the City Storm Drainage Board and a r_ec,-omk-ndation for the establis}umnt of ",(,s sir)uld he forthar.ing. A part of that recor:rx-,ndation should address yonr r,�luc•st for_ for in-xrv'ss of the $0.05 ix�r square RxiL ,ihich the rIgt, ( A�ut-,�cifies. The City cannot now C-CA-ncit to such reimburscront however, since the agrcerxmt did not include a provision for this and since the City does not presently have the 7mchanism for such. I XT. 118 We will mrtainly keep you apprised of our pnaress on the basin pl:,nning and invite your attendm;ce at Storm Drainage Board meetings when the Fox i,Iv basin will be di_sc.-:used. P1-rise advise if you have additional (p,stions. Sincerely, FSyA. Bii(3man Director of Fnginrx�ring Services m.r. Willard B. Teller N13rch 14, 1980 Pace 2 ;lAB : bso cc: TDier Hrenpe1, Director of Public Works and Water Utilities T,ncia Liley, City Attorney D1auri RuTx1, Past. City Ungint�r (7e�elopmm nt) B(Ab Smith, , t. City ,�y n<r�r (Sturm rra�naue) B MEDEMA HOMES, INC. n OrvUiON Of AMFHiC,AN CONIN[ :NrAL CORPORATION May 23, 1980 Mr. J. R. Phillips, Parks Director City of Fort Collins P.O. Box 580 Fort Collins, CO 80521 Re: Fox Meadows Dear Mr. Phillips: In a November 20, 1979 letter to you Medema Homes reiterated its request for a decision regarding the purchase by Fort Collins of Tract R for pa�k purposes. Over a year has passed since Tract R was designated for park purposes; long enough, we feel, for a reservation of this highly developable parceL. Therefore, we again offer to the City Tract B at our original purchase price of 512,750/ac x 1.203 ac = $15,138.15. If we have not received by 6/9/80 written intent to purchase Tract R this will signify that Fort Collins does not wish to purchase the parcel and that Medema may proceed to sub- divide the Tract into single family lots. Very Truly Yours, HOMES, INC. JOHN A. FRANKLIN III Planning Coordinator JAF/bja xc: Bill Teller Scott Albertson, Esq.- Bill Tiley, University Realty .John Dewhurst, Fort Collins Planning DENVER TECHNOt. OGICAL. CENTER • BUILOING 043 1i995 DTC PARKWAY • ENGLEWOOD. COLORADO 80111 • (303) 7/0-0400 GL-RGE ALAN HOLLEY & ASSOGIA.ES ATTORNEYS AT LAW 13949 WEST COLVAx AVENUE SUITiS 170 GO[.DEN. COLORADO 80401 DANIEL S.M. SMITH SCOTT O. ALBERTSON DENNIS B. POLK Roy A. Bingman Director ofEngineering Services P. 0. Box 580 Fort Collins, Colorado 80522 Dear Mr. Bingman: August 4 1980 Re: Off Site Storm Sewer Fox Meadows Subdivision PHONE 233-7838 Since you submitted the last letter concerning the above referenced matter to Bill Teller on March 14, 1980, this correspondence is directed to you. Your letter was in response to correspondence between Mr. Teller and Maurice Rupel concerning the Fox Meadows Subdivision Agreement, Addendum I --Storm Drainage, and the Agreement dated September 17, 1979, between Medema, Fort Collins, and Spring Creek Farms, Inc.. On January 31, 1980, Mr. Teller advised Mr. Rupel that the cost of the off site storm drainage improvements exceeded the maximum storm drainage basin fee chargeable to Medema by $41,029.18. He further estimated an additional $8,800.00 cost in completing the off site improvements. On February 26, 1980, Mr. Rupel responded by advising Mr. Teller that his letter had been forwarded to the storm drainage utility with recommendation for payment. On March 7 1980, Mr. Teller sent Mr. Rupel a promissory note to be executed by the City since Rupel's letter indicated that payment may not be forthcoming until late 1980 or early 1981. Your letter dated March 14, 1980, contradicted Mr. Rupel's prior letter to the extent of purporting to withdraw any commitment for reimbursement. At this time, I am enclosing the final invoices evidencing total costs incurred in the design and installation of the subject off site storm sewer. The costs are summaried as follows: I) Design 7,732.18 2) Staking 2,656.50 3) Installation and materials 163,689.87 Roy A. Bingman, Director of Engineering Servicep 2 4) Miscellaneous: a) Attorneys' fees for Spring Creek 1,235.00 b) Easement 6000.00 vK ' c) Fence Removal a 1:840.50 OK ' ✓ d) Public Service 506.75 — e) Street Cut Permit 50.00 — f) Fencing 7,216.20 g) Attorneys' fees for Medema 2,000.00 - h) Appraisal fee 1,500.00 — TOTAL 194,427.00 The maximum total storm drainage fee which Medema is required to pay for the Fox Meadows Subdivision is 5C per square foot, or $142,613.62, for the 65.479 acre subdivision. By paying for off site storm drainge improvements to service the entire basin, Medema has exceeded its maximum total obligation by $51,813.38. Medema is entitled to reimburse- ment in this amount from the City of Fort Collins, either by way of cash payment or credits against other city fees (i.e., water and sewer taps, building permits, inspection fees, etc.). Your March 14, 1980, letter indicates the Storm Drainage Board fee recommendation for establishment of storm drainage fees in the Fox Meadows basin area should address Medema's request for reimbursement. As indicated above, Medema is willing to discuss various methods of payment of the $51,813.38, including cash, installment payments, credits on other fees, or reimbursement from future drainage fees received by the City, as well as any other alternative which the City might propose. However, Medema does request an acknowledgement from the City that it will be reimbursed in some fashion, and further requests that the method of reimbursement be established and placed in writing as soon as possible. If we cannot reach an amicable agreement on this matter quickly, Medema will have no choice but to have its rights determined and enforced by the Courts. Please contact me upon your review of this correspondence to discuss this situation. SDA/bdc Enc. XC: Lucia Liley City Attorney XC: Maurice Rupel Assistant City Engineer XC: Bob Smith Sincerely yours, GEORGE ALAN HOLLEY b ASSOCIATES Scott D. Albertson (Development) Assistant City Engineer (Storm Drainage) XC: Everett Pfeiff; Gary Bever; John Hutchinson ENGINEERING DEPARTMENT COURTLYN W. HOTCH KISS EXT. 392-393 DISTRICT I EXT 566 WILLIAM W. CAM PTON COUNTY ENGINEER NONA THAYEfl DISTRICT II LARIMER COUNTY COMMISSIONERS ROSS W. SHAW EXT 266 EX ASST. COUNTY ENGINEER DAVID C. WEITZEL P.O. BOX 1190 DISTRICT III FORT COLLINS, COLORADO 80522 EXT 267 221-2100 669-3646 June 5, 1980 Nelson Pipeline Constructors, Inc. 6215 Colorado Boulevard Denver, Colorado Gentlemen: I have called your office several times in regard to your permit number 215. Your work to date on this permit is not satisfactory. County Road 9 1. The trench has failed - needs to be recompacted. 2. Gravel on the road surface was removed in the excavation process and not replaced. The gravel must be replaced. County Road 40 1. The open cut has failed - needs to be recompacted and hot patched. 2.. No compaction test results have been received on any of this work. 3. Road shoulder on the south side of County Road 40 has been narrowed. The shoulder of the road should be 4' wide and returned to at least original condition. 4. The 18" CMP across County Road 40 was removed and no provision for replacement or interception of the drainage water from the south borrow ditch. Fossil Creek Inlet Ditch 1. Riprap has not been placed at the canal entrance. Suggest that you refer to Off -site Storm Drainage for Fox Meadows approved by the County Engineer September 19, 1979. All of this work should have been completed long ago. This office is disturbed by your lack of concern regarding this work, and your failure to take the correctives steps necessary. Nelson Pipeline Constructors, Inc. June 5, 1980 Page 2 We expect that you will rectify this problem immediately. Very truly yours, Dot McKean DM:mrp cc Maury Rupel Bill Teller CCUlI- '!:`" i3O- ENGINE -RING DEPART%'. DISTRICT I EXT. 29? - EXT sCC W ILLIAM W. CAIl PTi NONA THAYER COUNTY ENGINEER DISTRICT It EXT 266 LARINIER COUNTY COPS MISSIONERS ROSS W.SH N EX A SST. COUNTY ENGINEER DAVID C. WEITZEL P.O. BOX 1190 DISTRICT III FORT COLLINS, COLORADO 80522 EXT 267 221-2100 669-3646 June 6, 1980 Mr. Bill Teller Medema Homes Building 43 5295 Denver Technical Center Parkway Englewood, Colorado 80111 RE: Fox Meadows Dear Mr. Teller: This letter is written in regard to the storm drainage installation for Fox Meadows, I have called the office of Medema Homes several times and your con- tractor for this installation, Nelson Pipeline, in an attempt to have some corrective measures taken. I am enclosing a copy of my letter to Nelson Pipeline, spelling out the corrective measures that need to be taken immediately for the safety of Lhe public and the protection of your county roads. The City of Ft. Collins has been asked to place a hold order on all building permits for Fox Meadows, until the storm drainage system meets the necessary requirements. Should you have questions on these matters, please call our office. Very truly yours, Dot McKean 1 Administrative Assistant DM:mr William "Bill" Campton April 19, 1979 If I can be of any help in providing historical data, please feel free to call. Respectfully submitted: /Harold R. ebster HRW/lp c.c. William Stover Attorney at Law P.O. Box 523 Ft. Collins, CO 80522 Planning & Zoning Departmentt/ City of Ft. Collins 300 Laporte Avenue Ft. Collins, CO 80521 Page 2 GEORGE ALAN HOLLEY & ASSOCIATES ATTORNEYS AT LAN' 13049 WEST GOLPAX AVENUE SUITE 170 GOLDEN, GOLORADo 80401 DANTIiT, S.M. SMITTI SGOTr D. A1.111iRTSON DENNIS H. PCLK Roy A. liingman Director of Engineering Services P. 0. Box .580 Fort Collins, Colorado 80522 Dear Mr. I3ngman: August 4 1980 Re: Off Site Storm Sewer Fox Meadows Subdivision PRONE 233-7838 Since you submitted the last letter concerning the above referenced matter to Bill Teller on March 14, 1980, this correspondence is directed to you. Your letter was in response to correspondence between Mr. Teller and Maurice Rupel concerning the Fox Meadows Subdivision Agreement, Addendum I -Storm Drainage, and the Agreement dated September 17, 1979, between Medema, Fort Collins, and Spring Creek Farms, Inc.. On January 31, 1980, Mr. Teller advised Mr. Rupel that the cost of the off site storm drainage improvements exceeded the maximum storm drainage basin fee chargeable to Medema by $41,029.18. - He further estimated an additional $8,800.00 cost in completing the off site improvements. On February 26, 1980, Mr. Rupel. responded by advising Mr. Teller that his letter had been forwarded to the storm drainage utility with recommendation for payment. On March 7 1980, Mr. Teller sent Mr. Rupel a promissory note to be execiited by the City since Rupel's letter indicated that payment may not be forthcoming until late 1980 or early 1981. Your letter dated March .14, 1980, contradicted Mr. Rupel's prior letter to the extent of purporting to withdraw any commitment for reimbursement. At this time, I am enclosing the final invoices evidencing total costs incurred in the design and installation of the subject off site storm sewer. The costs are summaried as follows: 1) Design 7,732.18 2) Staking 2,656.50 3) Installation and materials 163,689.87 Roy A. Bingman, D' ctor of Engineering Services 2 4) Miscellaneous: a) Attorneys' fees for Spring Creek 1,235.00 b) Easement 6,000.00 c) Fence Removal 1,840.50 d) Public Service 506.75 .._ e) Street Cut Permit 50.00 ..__ f) Fencing 7,216.20 g) Attorneys' fees for Medema 2,000.00 -- h) Appraisal fee 1,500.00 TOTAL 194,427.00 The maximum total storm drainage fee which Medema is required to pay for the Fox Meadows Subdivision is 5C per square foot, or $142,613.62, for the 65.479 acre subdivision. By paying for off site storm drainge improvements to service the entire basin, Medema has exceeded its maximum total obligation by $51,813.38. Medema is entitled to reimburse- ment in this amount from the City of Fort Collins, either by way of cash payment or credits against other city fees (i.e., water and sewer taps, building permits, inspection fees, etc.). Your March 14, 1980, letter indicates the Storm Drainage Board fee recommendationfor establishment of storm drainage fees in the Fox Meadows basin area should address Medema's request for reimbursement. As indicated above, Medema is willing to discuss various methods of Payment of the $51,813.38, including cash, installment payments, credits on other fees, or reimbursement from future drainage fees received by the City, as well as any other alternative which the City might propose. However, Medema does request an acknowledgement from the City that it will be reimbursed in some fashion, and further requests that the method of reimbursement be established and placed in writing as soon as possible. If we cannot reach an amicable agreement on this matter quickly, Medema will have no choice but to have its rights determined and enforced by the Courts. Please contact me upon your review of this correspondence to discuss this situation. Sincerely yours, GEORGE ALAN HOLLEY & ASSOCIATES Scott D. Albertson SDA/bdc Enc. XC: Lucia Liley City Attorney XC: Maurice Rupel Assistant City Engineer (Development) XC: Bob Smith Assistant City Engineer (Storm Drainage) XC: Everett Pfeiff; Gary Bever; Sohn Hutchinson (.IIY 01 I ORI (()I I I \S ENGINEERING SERVICES MEMORANDUM TO: Mauri Rupel, Asst. city Engineer - Development FROM: Roy A. Bingman, Director of Engineering Services DATE: November 5, 1980 RE: Arterial Street at Fox Meadows Development As we discussed last week, I have some concerns about the condition of Horsetooth Road adjacent to the Fox Meadows Development. When the street was widened, it joined into the existing asphalt pave- ment. I noticed the other day that the existing county roadway has a number of chuck -holes in it and the pavement thickness appears to be less than two inches. I would like to have you look at this situation with Dave Stringer to see if we shouldn't be overlaying an arterial street such as this to the center line of the road at the time that the street is widened. I would like to see an analysis of the pros and cons of doing this. cc: Dave Stringer sko CITY OF FORT COLLINS M E M O R A N D U M Dt: November 7, 1980 To: Roy Bingman, Director of Engineering Services Thru: Dave Stringer, Chief Engineering Construction Inspector'z�- Fm: Matt Baker, Construction Inspector �l Re: Fox Meadows, Horsetooth Widening There was a lot of confusion on the widening of Horsetooth Road from the very beginning of this subdivision. There were two entirely different street section details for Horsetooth Road approved with the original utility plans. , One section called for total reconstruction from flowline to flowline, and one section called for widening the south side, including an overlay of existing pavement. In addition, each section called for different base course thicknesses. Before construction of Horsetooth Road actually began a new section was submitted and approved. This section was 6" subbase, 6" base, and 3" asphalt butt -jointed to the existing shoulder. During inspection of the excavation for this work I noticed that the existing pavement on Horsetooth Road was only a 1/2" thick chip seal surface on a prime -coated aggregate base course. The paving contractor was also worried because the existing surface was so brittle that a straight cut for the proper joint was almost impossible. I also had the elevations of the centerline, shoulder, and lip of curb and gutter taken with the Engineering Inspection level. I found that 30% of the widening would be level with no slope from shoulder to curb and gutter. I took this information to Mauri Rupel to see if there was some way we could have Horsetooth Road overlaid to correct the drainage and crown and to strengthen the existing chip -seal surface. He informed me that the budget for City participation in oversizing was depleted and there would be no more money until the next fiscal year. The paving contractor (Sterling Paving) did the best possible job on joining the new mat to the old. Bituminous material was sprayed on the joint and up to two feet onto the existing mat. Then asphalt was feathered over this tack coat to try and seal the joint from water. All of this was done at my request and at no cost to the City and I feel that this is the only reason that the joint has held together as well as it has. oc: Mauri Rupel CITY OF FORT COLLINS DATE: November 7, 1980 TO: Roy Bingman, Director of Engineering Services FROM: Mauri Rupel, Assistant City Engineer - Development ;EZ5 - RE: Horsetooth Road at Fox Meadows Subdivision In response to your memo of November 5, 1980, concerning the pros and cons of overlaying arterial streets at the time the street in question is widened, I can only respond that in most cases we would. I feel we must look at each case separately, however, the County roads we are inheriting may vary frcan a heavily traveled, fairly well maintained road (such as Timberline) to 'chip and seal" roads such as the one you refer to. We currently require cores on all existing streets which abutt new subdivisions prior to approval of the street design for that street within that subdivision. The data obtained from the cores should determine the necessity of overlaying or Mete rebuilding. Our new structural standards for arterial streets are being printed now and, in my opinion, should be the determining factor (from cores) rather than just overlaying each street. When Council approves the additional capital for oversizing we can require whatever the design calls for at the time the arterial street is widened. I hope this gives you one opinion, at least. cc: Roger Krempel Mike Herzig Grorz_ ALAN HoLLiy & AssoCiATI::. AT"1'(3RVY.YS AT LAW 1:3949 A11:sT GoLPAx AVENUE Surrie 170 GOLDEN, GOLORADO 80401 DANIE1, S.M. SMITH SGOTT 1). A1.13F.RTSON DENNIS 11. POI.K W. Paul Eckman Assistant City Attorney P. 0. Box 580 Fort Collins, Colorado 80522 Dear Mr. Eckman: October 1, 1980 Re: Fox Meadows Subdivision Off Site Storm Drainage Improvements PHONE 233-7838 I apologize for my delay in responding to your letter of August 21, 1980, concerning the above referenced matter. First of all, I assume that all invoices submitted to the City of Fort Collins with my letter dated August 4, 1980, have been reviewed by the City and approved as to amount and reasonableness. As stated in my prior letter, Medema Homes was required to expend $51,813.38 in excess of the 5C/square foot maximum drainage fee imposed on the Fox Meadows Subdivision at the time of platting. Your letter of August 21, 1980, acknowledges the City's responsibility to reimburse Medema Homes in the above amount. Your letter also purports to accept an "offer of reimbursement from future drainage fees. . ." received by the City. My letter to the City did not contain such an offer. It merely indicated that Medema was willing ". . . to discuss various methods of payment of the $51,813.38". I assume that your letter of August 21, 1980, constitutes the City's offer of a proposed method of reimbursement. I have been in discussion with Medema Homes concerning this issue and the appropriate response to the City's offer. Obviously, Medema would prefer to receive a cash reimbursement from the City immediately in the full amount of $51,813.38. Medema has expended these funds, the debt has been acknowledged by the City, and Medema views the obligation as any other account receivable. However, Medema also understands the City's position that funds are currently unavailable to pay this account at this time. W. Paul Eckman, Assistant City Attorney 2 As previously stated, Medema is willing to secure reimbursement through credits received against various other fees charged by Fort Collins, i.e., building permit fees, inspection fees, tap fees, etc.. You have indicated in your letter that this is administratively difficult, though it is apparently not impossible. The City's proposal is to reimburse Medema through storm drainage fees collected by the City from other property owners, developers, within the storm drainage basin in which Fox Meadows is situate. Reimbursement in this fashion is dependent upon final establishment of a storm drainage fee by ordinance, platting and development of other properties within the basin, payment of the fee by developers to the City at the time of development, and payment by the City to Medema of all fees received until the entire $51,813.38 is paid. You have indicated that the storm drainage fee ordinance should be adopted this autumn by the City Council. You have further indicated that full reimbursement to Medema under the above procedure is not subject to any time constraints and presumably may never occur. Medema is willing to accept the City's proposed method of reimbursement through future storm drainage fees collected by the City on the following conditions: 1. That the agreement for reimbursement be set forth in writing executed by both parties. 2. That the agreement provide for reimbursement in the amount of $51,813.38, plus interest at the rate of 12% per annum, compounded annually from August 4, 1980. 3. That full reimbursement is due, in any event, on or before December 31, 1981. In other words, if the City has not collected sufficient storm drainage fees to reimburse Medema prior to the end of 1981, the City will pay Medema from another source. Medema cannot agree to a totally open-ended debt payment schedule and cannot agree to defer payment of the obligation without interest. The above modifications to the City's proposal eliminate these concerns, while recognizing the City's desire to secure reimbursement funds from an appropriate source. Surely, if sufficient fees have not been collected by December 31, 1981, the City can develop contingency plans during the next sixteen months to secure funds from a different source, or to provide Medema appropriate credits on other fees. Medema must have a definite date certain upon which the funds will be paid, if not previously paid through the storm drainage fee assessment mechanism. I am sure that you can understand the necessity of this requirement. W. Pau]. Eckman, Assistant City Attorney 3 Please contact me after you have reviewed this letter and hopefully we can draft an appropriate reimbursement agreement. Thank you for your consideration. Sincerely yours, GEORGE ALAN HOLLEY & ASSOCIATES Scott D. Albertson SDA/bdc XC: Everett Pfeiff Gary Bever John Hutchinson 9 G'weU s"r g eooss CIVIL ENGINEERING & LAND SURVEYING 2775 WEST HAMPDEN AVE. . ENGLEWOOD, COLORADO 80110 . (303) 762-0630 December 31, 1980 Medema Homes, Inc. 5295 DTC Parkway P:/ 4g Englewood, Colorado 80111 Attention: Mr. Duane Bowman Re: FOX MEADOWS DETENTION POND Dear Duane: Our field crews have verified that the detention pond,as-built on December 29, 1980,will contain at least the 6.18 acre-feet of storage as planned by the original design of the pond feel free to call. Sincerely, z �)' /� Steven W. Murray, P.E. V.P. COSTIN ENGINEERING COMPANY SWM/cae CC PJ.04 S *% t +E J&K ST#—r u(A Gz r n'1E.14 Dlto f /1 If we can be of further assistance, please z t It-: rs= nI GOjs,os, GEII o[, I t Pi If. 1,01 As r.lstant City AtIO19 0 ; t y in [ I Cs 1 1 i 1'. 0. 1; n.1. :,O i I'll ("Bill,, Co 1 cy o 02 0ar tl r. I':c!:ulm : KNTn 'Ell 7M]i . !;: c. 1 1 1 f) , 1 9 F [ R : Pon Wldowh subdivision 0111. Site Storm Dryinnyp LMn!<PJltc W,• hIvO r(scivad Nnd rMained v,mr lI-tter AM January 91, 1931, Urillon (w indlalf OF W City of 011 Mkins, Uw-VION9 M above ru[ci"In- '1 ll�Itul, hNq .0 1 ho"Iyed M2 10 :Avisc Von, is ng-p! and II I ":s-I, i d 1 : vp OF Lhn City conc IM i It ILMS M! Ler, 11111 KIM0 : N, h- n, l hot, o $51 NK1,11 oving Fr"n it P Fi[. 112 ;uI-o '."1 pprcai lK 1 UL this Ji`CIopQUUL iv. 1101 0100111 clu o s s " sill th, "toll I'! 1 1 nor h: raMp','ll until early MY, all o 11 P IL illt tlIn -1 v i 1 1 ;Wp i r, "tin be i 11 long 1 H t PI M , 1 1, t sl, 1 i4 , 1 !b,�rl y OF r: jp- h g of Nnr, . pnh! With YCSPaCL I o 11,11IIII ;1,, :1[ , i ; cs{ I -'I., 'I ill VOlti- .; 'Io try N , 1981, Jut!.-,1ctt.^r to an ancponl M form1 , a I Uric I pd !�o w,p;ps Q illich pio ro"tni"od KI-r, in, 1 1 You 1'Ould r( n il .1 t 10 'i I'I' ni-0 the v Qv'q ?x nuu! I," 11harunF, i wd rullurn NII ox( , u[ - o i ;Jno a o I, t a ! i , , ! 11 olt. I is t�, d; PMI's o �ecll! iol� �l!I1 1 n; 1) 11 "Op', F u 1 ypo i c UK or rod 1 i it nt ipus in th- pruposcil nkc,own! ore IT-l" ;un, v, ;j, ;'an 1!1' an t1o'' l�� posnihlo ThnnL von for you, (' (, " p o r i t !on In wsolvw this PIM TL 1. si"rprely yours, GfJa,'(*, AMN' 1101.kl,^1 It, A';qfn-12%`JTS Scott D. A! hurt poll MEDEMA HOMES, INC. A DIVISION OF AMERICAN CONTINENTAL CORPORATION May 4, 1979 City of Ft. Collins P. 0. Box 580 300 LaPorte Ave. Ft. Collins, CO 80521 ATTN: Maurie Ruppel RE: Fox Meadows - Sanitary Sewer Dear Maurie: Medema Homes, Inc. respectfully requests permission to install the sanitary sewer system in Fox Meadows prior to recordation of the final plat. We understand and acknowledge that plans and profiles for said construction must be approved by the City prior to commencement of work. We acknowledge that there may be minor changes made to the plat before its final approval and further agree to accept responsibility for any re -construction of the system resulting therefrom. We further understand that said system will not be accepted by the City until the final plat is recorded and all work has been completed and inspected for compliance with the standards and specifications of the City of Fort Collins. Very Truly Yours, MEDEMA HOMES, INC. GARY7EVER,Const. Coordinator Land Planning/Development GB/kb � O' 0, 3 xc: Bill Teller DENVER TECH NOLOGICAL'CENTER • BUILDING 443 5295 DTC PARKWAY • ENGLEWOOD, COLORADO 80111 (303) 770-0400 AQQh MU 'I 11 , S ", ( [� 1 , I : I i ,! . ii l' , 11 i " I J n" [ t I I i ! ; - - d; I " ') f 1 -1 1 ')F I , by alnd I'L tr. I AMY 1 1 X: (VON , I NKQ AK CORPORATION, an Ohio corpornv:on, d/h/;1 N"'I"ll Pwit. fill (11C tcillaf [;,I- referred to nP, "MI'dWill;i" ) ;1nd [11c CITY 0 1 i k'Ri 011 1, 1 r I i joi I ( o 1 1, o n! t ion, (her i H a f I cc F P r rod L o ns Mir' 'C i I the 0a:ino- and (P, vW I (,I),,r of the Fos Silhd iv i r, ion in t It City; Wf 1!! J; AS , in I c, j 11 1 n! I ioll with the Qvcloprunt OF the Fox Merld"ws K 11 h d I V I n I a H , N r A IT 0 C " A t I WC&Pd rind insi n1 lod uorl ain off We worm il ['I ovol'r.'111 n w!' i uh bOne f 1 L Utlhor Pr"PUYLVS Whin the CA5 on,! the Ci in se I o I ; 'Ind, W �;t'; it hes 1,culi wOni uY Iy agroed by than pan i og that LOW OILY should rpi whi I rse 11, d T, I " r varions con I s a, d uxpensus 1 nru rred in the. (11"; f 1-11, t i(, 1 of on id off KIP Mora drninago UPCO%( LWUf S over and above -d I i l , ei,'od by 11: i on storm drainage bnsin FPPA chargpd by tho C y is i'l:;! Po;; and, L'i1FIRI the 'Nrl icn desire 10 enter into a 1 rMeN agrucirpm q, in i fy!nA 1 1" anYAW Wnd Myth )d UF CKWK1JrS0M-HV. N(R:, in conqidpral ion of Lhu prow4ps aind covenants 2. 2.$A,911.14 SKI! I W -u41"rnml to !!rd� Sri nI; iollow: ,) Anv an& N I n L G FM dY— 101: WK 11 f -S, pa to the F 1 y lht other d-,, lopli, r, oil I I 1e paid d I rout I v by the City I" Modpwt until IS i, iiibitiu,(1, III th, P, Ihat I In : I w ipkuwMI: h"- n,j "VcUrIpa b.- t! I u—, IiV fat,ull to A) , Nhov II ; C i t v A t i I j,,,`, ill in r louj "a". ...... oll rift n 1. 1"[ Sl I It S, 11. .,,j 1, City o o 'll 1 i s bgrumm shol 1 h- sm L to rl 11'), , Inc., to! mlkv 41, q)QK M V P, chway, Inglun,"(4, c"I"radr, Hui 1: At t('111 ion: I't v, nir AgLo; il— c"Um it ut-s tho Cull Nglpup�QL hplwppn LW poll !0,; and I'nS' 1,, �liurlfitd (,:-,Iy in � il ing, pkwu ind by both parLipq. AFTFST: BY CAN OF Fopr coumc; ' �. CITY OF FORT COLLINS MEMORANDUM DATE: June 30, 1981 TO: Roger Krempel, Director of Public Works and Water Utilities THRU: Dottie Nazarenus, Acting Director of Engineering Services FROM: Robert. gnith, Assistant City Engineer - Storm Drainage IT: Fox Meadows Subdivision: Off Site Storm Drainage Improvements Please be advised the $51,800 for reimbursement to Medema has been included in the Foothills -Fox Meadows Basin Improvements project. This project was included in the proposed 1982 budget and the 5-Year Plan for storm drainage. e t lLl (.IIY 01 1 0121 (.011 INS P.O. Box SSO, Fort Collins, Colorado 80522 Ph(303) 484-4220 Lxt 728 ENGINEERING DIVISION MEMORANDUM TO: W. Paul Ecknon, Assistant City Attorney FM: Bob Smith, Asst. City Engineer - Drainage DT: July 10, 1981 RE: Fox Meadows Subdivision - Offsite Drainage Improvements Please be advised as to the status of the reinburseirent ironies to Medema Hanes. The $52,000 has been included in the proposed 1982 drainage capital budget and was recamended for approval to City Council as stated in the April 20 agreaTent. When adopted, at this time, I forsee no reason why the payment could not be made at the latest by the March 1st payment date if Council approves said re- cmuiendation. Also, if not approved by Council pending other capital projects, monies could be made available from the drainage capital iTprove- irents fund. GI:ORGE ALAN fIOLLEY & ASSOCIATES ATTORNEYS AT LAW 1:3949 Wks 'ST COI.F.\x AVENUE, SUITE 170 OOLDEN, COLORADO 80401 DANIEL S.M. SMITH SCOTT IL ALBERTSON DENNIS H. POI.K July 24, 1981 W. Paul Eckman Assistant City Attorney City of Fort Collins P. 0. Box 580 Fort Collins, Colorado 80522 RECEIVE D JUL 2 9 19 Re: Fox Meadows Subdivision - Off Site Storm Drainage Improvements Dear Paul: PHONE 233-7838 This is to confirm the understanding and agreement reached in our phone conversation of July 21, 1981, concerning the reimbursement to Medema homes of $51,813.38 from the City of Fort Collins for the installation of off site storm drainage improvements in the Fox Meadows Subdivision. At this point, on behalf of the City, you have advised me that the $51,813.38 reimbursement amount has been included in the preliminary 1982 budget submittal as prepared by the City staff. You have further advised me that the amount will continue to be included in the 1982 budget submittals to City Council and that staff will recommend that City Council include this reimbursement item in the final 1982 budget which will be considered, and, hopefully., approved, by City Council in October, 1981. If the reimbursement is included in the 1982 budget, it is the intent that the $51,813.38 will be paid to Medema on or before March 1, 1982. If the reimbursement is included in the budget and paid to Medema by said date, Medema agrees that it will not pursue other remedies for this reimbursement which may exist and that it will waive any and all right to interest on the reimbursement amount. W. Paul Eckman, Assistant City Attorney, City of Fort Collins 2 As we discussed, in the event the reimbursement is not included in the 1982 budget, Medema retains its rights to pursue any alternate remedies which may exist, including the right to claim interest on any sums due. I appreciate your assistance and the City's cooperation in attempting to reach an amicable solution to this problem. We certainly share your hope and optimism that staff will be successful in securing inclusion of the reimbursement amount in the 1982 budget. Please consider this letter a request that I be kept advised by the appropriate city employees of the dates of any public hearings or study sessions on the budget. Also, I would appreciate being sent a copy of the budget submittal which presently includes the reimbursement item and any future budget submittals which are the subject of discussion or presented to City Council. Thank you for your cooperation. Sincerely yours, GEORGE ALAN HOLLEY & ASSOCIATES Scott D. Albertson SDA/bdc XC: Everett Pfeiff Gary Bever UIY OI 1 ORI (OH INS P.O Box ENGINEERING DIVISION July 30, 1981 Mr. Scott D. Albertson, Esq. 13949 W. Colfax Avenue, Suite 170 Golden, Colorado 80401 Mr. Albertson: ort Collins, Colorado 80522 111 4844220 Ext. 728 Attached please find documentation which you requested in your correspondence to Mr. W. Paul Eckman, dated July 24, 1981 regarding the Medema Hanes repayment of $51,813.38. The documentation spans a period of time since last spring to the present and hope- fully the following will help clarify the status of the matter and the attached. The City's Storm Drainage Board reviewed a list of drainage projects that tallied over 10-million dollars and through a review of each project, a list entitled "Storm Drainage - 5--Year Plan", attachment #1, was prepared. These are projects that were given the highest priority and projects expected to take place with development pressure for the next 5 years. As highlighted, you can see an item on the list entitled "Fox Meadows Repay". This item is the repayment to Medema Homes. This list of projects then became the basis for the proposed 5-Year Plan and the proposed 1982 budget. Since the drainage program encompasses a number of years beyond 1982, an inflationary factor was incorporated in the estimated costs for the years beyond 1982. The table entitled "Storm Drainage 5-Year Plan", attachment #2, shows the inflated costs and the projects grouped into their related drainage basin or major project. Please note, the Fox Meadows repay has been incorporated in the project "Foothills/Fox Meadows Basin Improvement" for the year 1982. Attachments nwnbered 3 and 4, show the related portions of the proposed 5-Year Plan for the Public Works Department and the 1982 proposed Storm Drainage budget as submitted to Council. These submittals, the 5-Year Plan and 1982 budget, each included the Foothills/Fox Meadows basin improvements. Again this project has been subtitted to Council for their review and adoption. At this time I an not aware of any meetings scheduled with Council to review the drainage program, but hope to do so in the near future. I will appraise you of any scheduled meetings. If you need any further clarification on these matters, or have any questions, please feel free to call me. Sincerely' Robert W. Smith Assistant City Engineer - Drainage CC: Roger Krempel, W. Paul Eckman Encs. NORM DRAINAGE - 5 Year Plan Project West Vine Basin Improvements with New Development Vine Drive to Poudre River (OC) Evergreen Park/Greenhriar Improvements with New Development Greenbriar (SS, OC) Evergreen Park (OC) Spring Creek Basin Improvements with New Development Hillpond (OC) Centerpoint & North of Prospect (OC) Foothill/Fox Meadows Basin Improvements with New Developments Foothill/Fox Meadows Outfall Parkwood East Storm Sewer West of Timberline (OC) Horsetooth Storm Sewer west of College Avenue Stockbridge Detention Pond & Storm Sewer fFcx -meadows Repay McClellands/Mail Creek Basin Improvements with New Development Iarkborough Spillway Harmony Road (CC) Willow Park (CC) Canal Importation Area Improvements with New Develop. Shields Street to Spring Creek New Mercer & Larimer #2 Crossing (SS, CC) Miscellaneous Basin Fees ,P�end-Cedar Village (OC) ,Ri-erside-Pitkin (CC) itfil Creek Fairway Spillway .Bf;r-ing Creek @ Timberline (B) Spring Creek New Mercer & L.armex #2 ,West vine -Taft Hill & LaPorte (SS, OC) ,y<lthill-Shepardson Bike Path (LAC)- 5-Year Const. Cost $558,000.00 378,000.00 293,000.00 85,000.00 505,800.00 350,000.00 155,800.00 921,500.00 212,600.00 125,600.00 212,800.00 113,200.00 205,500.00 51,813-38y 854,800.00 9,000.00 555,100.00 290,700.00 490,000.00 180,000.00 310,000.00 -0- Basin Fees $ 52,000.00 58,800.00 807,600.00 424,300.00 237,200.00 164,200.00 76,300.00 m -0- -0- -o- -0- 200,000.00 -0- 200,000. 301,900.00 -0- 301,900. Total $4,937,800.00 $1,820,400.00 $3,495,500. 231,000.00 89,000.00 14,000.00 306,800.00 87,000.00 SS = Storm Sewer OC = Open Channel LOC = Lined Open Channel B = Berm BC = Box Culvert N O O O O O O O O O O O O am o0o unro 000 000 rl O O O N 01 O Oh O m r kD ri r� %D Nr 01 r1O 01 r r1 Nr m ror rorno rr)om uicrn rn in %o an rh 0 %D .� rn .� c v1 r-1 to r-i ri 000 000 000 000 000 00o Oo 00 riI Inmr m\OM In N P1 D V'N m Or N V'r to O to Ln N NOl �D r Ln 01rN V'01N as NN cn O01 N m rm {IEQpJ r Oc mCZ) Ll Nay r mNN 4 rr7r In rr N r 00 r to rr/ m C' N N C %D r ' O rr7 r m en (n rn fr) a' r-i m V) r m r-i \D r-i m rV M r-4 C' ri N N O O O O O O o rn c c rr r-I b .-i N N O M Ol r--1 N rn c m a r-I O %D Ol rn N V' N ri N r-I r-I V) O O O O O O O Cl 0 0 O O rPl m O N r-1 m rn T rA tp ri N %o m Ol Ol On rA r-I m V' to O ON O m ,m-� C - ' rr r-I O N r rr1 OD C m Lr CA r c r) Vr v m %D O V' O c n N v} 14 r-I N r-I r-I 0 0 0 0 0 0 0 0 o O o 0 0 0 o O o 0 m rn 0 rn c .-1 rn m c c v r rD ri m m O In m rno r-i -IT r-I r O1 r7O cr rrn r-i r rn NC'C' m . . 1-4 lD r+)N rn rN rrN rN \O N cP Nrn O\ N O% In r-1 Cl) N m r N lD r 1-4'V' m O\ r--I trl O V} .--I ri .--I r-I O O O O O O O O O O O O O O O O O O O trll OmO r--ImC r1OlD t+l �D OI OINc OrnO O m r 1n m Ol In r %D m %D ri rrl m %D %D r-I m 01 N m O r♦ N m N N V' tD r N m m r--I r--I r-I Cl; Lf�M N N m r♦ Cl) O rrl m m Ln N N In M .-i 'C m r� (rl O\ Iq Vi ri r--1 ri .-i 'I O O O O O O O O O O O O O O O O O O O O O O rCl) r rncm rn%DCo mor-I mr-4r corn rno rnrn Ln lD In Nr-Ir mm cP mcm H mN N%Dr N O rm 4 O V' N N N r N V' V' V r' 1 - m N -Z O N N Lo O O N m r r-4 rrl Ol M rn N rn rn r-i M r r-I M m r7 ri ri On LQ H o o in rul 9E N Cj m O Ch U co O CA cn 0o cn r-I co CL r-II O O t0 O O f'1 �n r N i O O O O O O O O O O O O O O O OODO w w Om Vr mN in Cl! N t11r 01 a0 N 00 O O01w V' V' is to to N r-1 cn [n .-I to N N N ri O N r 0 0 0 o m rn N 1n V 0% O f 1 aT O ri rl C. O O O O O C \O m In V C' co N %D Ln r rn 1 m w v m ry r I l0 ri O O O O O O N V' m N m O co O tT m N ao o io o r rn v 0 0 0 00 0 %D m O %D co N r co w Ln m rn in r-11 b r I to rl O Cl O O O O O O V' m N to In O rl t0 fn .--� fnrn N N t? N W • � a .a fQ fQ �Qarold �. ql�ebeter, First National Tower Building William "Bill" Crompton Larimer County Engineer P.O. Box 1190 Ft. Collins, Co. 80522 Dear Bill, REAL ESTATE APPRAISER 215 W. Oak Suite +300 Phone: 482-2217 May 16,1979 i MAY-.F 1979 Fort Collins, Colorado 80521 Please find enclosed pictures I took during our last small storm. According to the papers, this storm contained less than 1 inch of moisture over a period of several days. All pictures were taken on the same day. It will be noted that one picture taken of a ditch which is located at the lower end of 70 acres of my property has no run off, while the other pictures were taken across the road show the drainage off of Fox Meadows. These pictures demonstrate there is no historical storm drainage created on farm land, while there will be considerable drainage created by black topped streets and roof tops. I appreciate your concern and cooperation in seeing that subdivision storm drainage is controlled by the subdivider. R s t- /Aia old R. e er cc: Chuck Mabey Planning and Zoning Dept. City of Fort Collins 300 LaPorte Ave. Fort Collins, Co. 80521 HRW/11 Enc. William Stover Attorney -at -Law P.O. Box 523 Fort Collins, Co 80522 GEORGE ALAN HOLLEY & ASSOCIATbA ATTORNEYS AT LAW 13949 WEST COLFAx AVE.NUF. .SUITE 170 GOLDEN, COLORADO 80401 DANIEL S.M. SMITH SCOTT D. ALBERTSON DF.NNIS B. POLK W. Paul Eckman Assistant City Attorney City of Fort Collins P. 0. Box 580 Fort Collins, Colorado 80522 October 8, 1981 R EC G.9 VP--D OCT 1 0 19t i Re: Fox Meadow Subdivision - Offsite storm drainage improvements PHONE ! 03-n�8 Dear Paul: On October 6, 1981, the City Council of the City of Fort Collins approved a 1982 budget which included reimbursement of $51,813.38 to Medema Homes, Inc. for offsite storm sewer improvements installed by Medema in conjunction with the development of the Fox Meadow Subdivision. In addition, the City Council approved the basin plan for the Fox Meadow drainage basin which included a line item in the 1982 expenditures for the $51,813.38 repay to Medema. Pursuant to our prior agreements, this reimbursement amount is to be paid to Medema on or before March 1, 1982. You indicated that a specific appropriation request would be presented to City Council within three to four weeks of the October 6 meeting as a final step in securing payment of the reimbursement. We would appreciate being kept advised of the progress of this matter and anticipate that there will be no problem in securing the repay within the time required. Again, we thank you for your patience and cooperation in resolving this matter. Sincerely yours, GEORGE ALAN HOL EY & ASSOCIATES Scott D. Albertson SDA/bdc XC: Gary Bever C.IIY011oitl(Oil INS ENGINEERING DIVISION October 22, 1981. P.O. Box 58 Mr. Duane Bagman Medema Hares, Inc. 4218 Kingsbury Drive Fort Collins, Colorado This letter is to inform you that the final inspection of the detention pond and 36" outfall at Foxes Subdivision has been completed. The construction of the facility was found to be in accordance with the engineering design suhmitted to this office. The City of Fort Collins hereby accepts the construction as being satisfactory and will now accept responsibility for maintaining the pond. Sincerely, Z'1116d Robert w. Smith Assistant City Engineer - Storm Drainage CC: Larry Schneider Mauri Rupel Dave Stringer c MEDEMA HOMES9 INC. A DIVISION OF AMERICAN CONTINENTAL CORPORATION November 2.3, 1981 Mr. Mauri Rupel City of Fort Collins Post Office Box 580 Fort Collins, Colorado 80522 Re: Final Acceptance of Fox Meadows Subdivision Filings 1 & 2 Dear Mr. Rupe.l: _ *AI Per your discussions with Duane Bowman of this office, we hereby request the final acceptance of the above -referenced subdivisions. All of the improvements, as set forth in the Subdivision Agreement, dated April 19, 1981, have been completed. These improvements include, but are not limited to, water and sewer lines, drainage facilities and 'streets. The only items which are not complete at this time, are those set forth in the attached "cost estimate." Due to grade differentials at the sub- division boundaries, these improvements cannot be installed at this time. Therefore, per your agreement with Duane Bowman, we are including herewith, a check in the amount of $11,378.56 constituting 115% of the present cost to complete the improvements. To complete this matter, please sign the enclosed copy of this letter, in the space provided, and return same to me. The countersignature of this letter and acceptance of the check shall constitute full acceptance of these subdivisions and Medema Homes, Inc., shall be relieved of all liability for same. CE:cs enclosure: Check xc: Fox Meadows A/R Gary Bever John Hutchinson Duane Bowman Sincerely, ArlFS A HOME NI Planning Coordinator READ AND APPROVED THIS loth day of December , 1981 by John E. Arnold, City Manager acting for the City of Fort Collins. City rt Collins Appr d� s To Form: I —) Assistant City Attorney DENVER TECHNOLOGICAL CENTER • BUILDING #43 5295 OTC PARKWAY . ENGLEWOOD, COLORADO 80111 • (303) 770-0400 MEDEMA HOMES, INC. A DIVISION OF AMERICAN CONTINENTAL CORPORATION January 6, 1982 Mr. Mauri Rupel City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 Re: Final Acceptance of Fox Meadows Filings 1 and 2 Dear Mauri: In my letter of November 23, 1981, I referred to the Subdivision Agreement and the fact that the items contemplated therein were completed. There was an error in the reference to the date of the agreement. It indicated that it was dated Aprii 19, 1981, and it should have read Apri119, 1979. Thank you for helping us conclude the final acceptance of these subdivisions and, as always, it is a pleasure working with you and the rest of the City's Staff. Sincerely, EFTA ROM C. ( is . o t Planning Coordinator CE:cs cc: Fox Meadows 1 and 2 Improvement File Pox Meadows 1 and 2 Acceptance/Release File Gary Bever Duane Bowman DENVER TECHNOLOGICAL CENTER • BUILDING #43 5295 DTC PARKWAY . ENGLEWOOD, COLORADO 80111 • (303) 770-0400 DANII.L S.M. SMITII SCOTT D. ALBERTSON DENNIS B. POLK GEORGE ALAN HOLLEY & ASSOCIATES ATTORNEYS AT LAW 13049 WEST COLFAX AVENUE SUITE 170 GO1.DFN, Coo-onADO 80401 February 12, 1982 W. Paul Eckman Assistant City Attorney City of Fort Collins P. 0. Box 580 Fort Collins, Colorado 80522 l-1 Dear Paul: PHONE 233-7838 Re: Fox Meadows Subdivision Offsite storm drainage improvements This is to acknowledge receipt of City of Fort Collins' check number 83721 in the amount of $51,813.38, payable to Medema Homes. This amount was paid by Fort Collins to Medema as reimbursement for a portion of the cost of offsite storm drainage improvements installed by Medema in conjunction with the development of the Fox Meadows Subdivision. This letter is written to confirm that the referenced payment relates only to this particular reimbursement which has been the subject of correspondence for approximately two (2) years. The subject payment in no way relates to other rights, obligations, or payments which may be due between Fort Collins and Medema Homes for either the Fox Meadows Subdivision, reimbursement of drainage fees for said subdivision, or obligations between the parties in other subdivisions in the City. Sincerely yours, GEORGE ALAN HOLLEY & ASSOCIATES Scott D. Albertson SDA/bdc XC: Gary Bever [?F1.,JF-I V KL FEB 161982 (.IIY OI 10RI (()I 1115 P.O. Box 580, Fort ( ollins Colorado 80522 ENGINEERING DIVISION August 13, 1982 J. Thomas Chandler 1804 Mohawk Ft. Collins, CO 80525 Mr. Chandler: The following is in regard to your property located approximately one-half mile north of Harmony Road on the west side of Timberline Road. The City does recognize your concerns, and will proceed toward the resolution of the problem. As you are aware, the Fox Meadows Basin Master Plan does show a 36-inch storm sewer draining the area in question. This installation will result -in a smaller area of inundation taking place currently. At this time I do not know when this system will be constructed. After I review funding availability and project scheduling, I will report back. I plan to keep you informed of any developments in the matter. Sincerely, Robert W. Smith Assistant City Engineer - Storm Drainage cc: Marc Engemcen Q FOX MEADOWS SUBDIVISION HOMEOWNERS APPEAL OF THE FORT COLLINS PLANNING AND ZONING BOARD APPROVAL OF FOX MEADOWS COMPLEX I - PRELIMINARY (Z- )&-4 3 V07E' T /n� // k/e?"AlelG l,OUNcil �S1LCmcv�� �,EqL .�,. BuE_7Yl2atE1>/1�A '¢4L °F THE Zu�(/s72/ RaJ,� r To Fox M 94be, vs S ug-D w 14 coil - �t1Fo .ZNsCZrEh fA) -rvi s F>t a j--o�E ..........�urlia� id�JG We, the undersigned, as homeowners in the Fox Meadows Subdivision, are appealing the decision made by the Planning and Zoning on October 24, 1983. concerning the approval of a Preliminary plan for r anufacturing/office space, tw( Cory building, t be located on a very narrow strip of land encompassing 4,63 gross acres (3,55 net). .The extensionof the residential Bighorn Road will directly connect our single family neighborhood to the industrial area being appealed, as well as to the remaining )3 acre area to the north, which is under a Master Plan for office/manufacturing/warehouse uses, Our s�iecific reasons for appeal follow. Because we want our facts and feelings made known to you before the appeal is decided, the following appeal packet is fairly long and contains actual quotes from the tape of the Planning and Zoning{ meeting. We I ound these quotes much more accurate and infcrma'I_ve than t'he prepared by the City Staff. I. The October 24 decision followed a meeting at which no opposing resident views were heard and addressed. The residents failed to receive any notification of the hearing via the mail and so were not aware of the Fox Meadows case being on the agenda that night. We were opposed, had planned on attending the meeting, and were relying on the City to notify us of the meeting. None of us received this notification, A. Our laci of attendance indicated to the Board an apathetic lack of concern and even a possible support for the proposed industrial development. This is not, and was not, the case. B. The one resident, Bill Spight, who did speak (in favor) of the industrial devel- opment, does not represent the residents and should not be considered a representative of our concerns, lie is the son-in-law of one of the owners of the land being pro- posed for development. As such, his feelings may be strongly biased by his familial ties to the land and the profit to be made by the development of this land, 1. We question the validity of his statement that there are 3 to 4 accidents a week at the corner of Horsetooth and Timberline Roads and just how the ex- tension of Bighorn Road will alleviate this problem, 2. His statement of "the safety of the subdivision has been limited because we only had one access into or out of the neighborhood" is also inaccurate. We have two access roads into the subdivision, Arctic Fox Drive and Caribou Drive, II. We are questioning the suitability and compatibility of such a hi tech industrial/ manufacturi-ng site not only adjacent to, but also directl, connected with, the single family homes. From the Land Development Guidance System, "The System is designed to provide for the development of compatible land uses" and "the System allows for a mixed land use pattern provided adverse impacts of the land uses are minimized," A. Last years approval was for a health club/recreation area on the same piece of land. This is a far cry from a main employment base like the proposed hi tech manufacturing/assembly plant. -1. From the tape of the Planning and Zoning proceedings, October 24, 1983, Member Dow states: "I think maybe we are glossing over something that we should not take so lightly - and that is that we are changing the use significantly of this area where we previously approved a health club. I think there is a big difference in a potential hi tech manufacturing plant and a health club in terms of land use and impact." B. Because of the City's insistence upon extending our residential Bighorn Road into the industrial site, we will be connected to the site and all of its hazards. This connection of the residences to the site increases the incompatibility. 1. No buffering can be done to help the residences on Bigho-n Road - they will be directly open to the site. a. The road and the fence are open into the site for a space of 100 feet. This open space is not accurately shown on the blueprints. C. This situation does not exist elsewhere in Fo t Collins 1. No other single family residential subdivision is this closely connected to a commercial development. a. The situation is worsened because of the industrial use of toxic material. b. The impact will be greatly increased because of the extreme narrowness of the land (lees than 450 feet wide)- C. The impact will increase if the industry is permitted to have multiple shifts, as they have indicated. 2. We resent being the testing ground D. Again from: the tape, Member Dow states: "I thin': they (the nuestions) pertain to the land use in that these nuestions have to do with the suitability of a parti- cular kind of process, especially adjacent to the residential area". Member Ross states: "I am a little bit uncomfortable because of the fact that we are dovetailing this manufacturing/assembly use, this commercial use, whate er we want to call it, into the Medema subdivision, or adjacent to it." Member Dow states again: "I am not sure that a hi tech manufacturing type of use ought to go here. It might be much better planned if it was in some type of a business complex or business, industrial park de elopment where it could be a greater distance from low density residences and so on." III. We are concerned with the adverse health and safety impacts that the hi tech industry may cause A. Because employees will be parking within 30 feet of the residences, we are concerned about young children wandering into the parking area and not being seen by the emplovees when they are parking and driving. I. We are a young neighborhood, there is a -,ery large number of ve--y young children in the area, and the extending of Bighorn Road will give them easy access into the parking area. B. We are also gra-ely concerned with the impact of the usage of toxic materials 1. The develope- has not released the company name, the process of pre -assembly, the exact toxic materials used in the pre -assembly and the wastes that are a result of this process, or the exact method of treatment and disposal. a. We do know that solvents and lubricants (both of which are toxic) are invol-ed in the process. Methanol (a colorless, volatile, very flammable liquid) was named, but it will not be the only toxic material. The developer, Leo Gormally, states: "Methanol was the only - would be the only one that definitelv would be used and others would be parallel to that - cleansing and lubricating." b. Disclosure of toxic and hazardous materials and wastes and methods of storage and treatment should be something addressed at the time of appli- cation. .Joe Frank, Senior City planner, said that he was not familiar with the criteria in the Land Development Guidance System that addressed the toxic waste issue. He then stated that because the anonymous firm now claims they will be pre -assembling -ather than manufacturing, he is not worried about the toxic waste issue (but will check it). Member Georg then states: "I understand a little bit about this business. De- pending on the assemble process, Vou could have substantial toxic wastes associated with that p-ocess." IV 2. Ve ha1,e to ruestion the safet, of pla -ing an- industrial/manufacturing facility that uses d/or gene-ates any kind of to} or hazardous material so close to so many residents. If there were to be a spill of tonic material, the natural path of drainage would be into the neighborhood. As the extension of Bighorn Road willbe the only entrance and er.it point for the industry, we are concerned about a service truck spilling some toxic material and its draining into our neighborhood. 3. Member Brown states: "I think as a Board we have the responsibility to that surrounding neighborhood and that responsibility does include the environmental concerns, and if toxic wastes... are going to be generated, I think we have to have i responsibility to know what they are, specifically; and in what volumes; how they are going to be treated and used and disposed of and trucked off the site, etc." Member Dow states: "I think we ought to know exactly what processes are involved. Specific information, such as state regula`ions, and that all appropriate steps are going to be taken to provide for the control of toxic wastes." Other areas of concern A. Residents directly adjacent to the area are concerned about noise and car headlights (and possibly overhead parking lot security lights). 1. This is of particular concern when multiple shifts are begun. Cars will be coming and going at all times of the day and night. Both Ms. Brown and Mr. Larsen expressed concern about parked cars facing the residences (directly east). 2.. The extension of Bighorn Road will greatly reduce the effectiveness of any landscaping and berming. B. Residents are concerned about the resale value of their houses. Being so close to such an industry is not a selling point to most buyers. C. We ruestion whether our neighborhood will be a suitable environment in which to raise our children. Will they be safe from the traffic generated by the industry, from toxic spills, etc.? D. Adequacy of Parking 1. Initially, there will. be 150 employees, with 200 in the future. The plan calls for 145 spaces, including handicapped and motorcycle spaces. a. Visitor parking will also be included in the 145 spaces even though the planner (John Dengler) had no idea as to the visitor load. 2. Both Mr. Ross and Mr. Larsen had doubts as to whether the parking was adequate. Mr. Ross would like to see it defined more and more creatiity in designing some additional parkin,. 3. Considering the close proximit% of the houses, residents fear that the natural solution would be for the emplovees to park in our neighborhood (in front of our residences). MEDEMA HOMES, INC. A DIVISION OF AMERICAN CONTINENTAL CORPORATION June 18, 1979 City of Fort Collins P. 0. Box 580 Ft. Collins, CO 80521 ATTN: Maurie Rupel, Development Engineer RE: Fox Meadows Dear Maurie: Recalling our recent meeting with the Board of Directors of the North Poudre Irrigation Company regarding storm run-off from Fox Meadows, you will remember our commitment to furnish an agreement to Mr. Hillin exchange for their approval of our ditch run-off into the Fossil Creek Inlet. Attached is a draft of said agreement as furnished to Mr. Hill by our attorney. As we discussed, a basic premise inherent in this agreement is the City's commitment to conduct, and implement, a master drainage study for the basin tributary to the Fossil Creek Inlet. This commitment was given by Roy Bi.ngman at an earlier board meeting of the North Poudre Irrigation Company and reaffirmed by yourself at the meeting referred to above. So as to insure reasonable and timely effort by the City in this regard the Irrigation Company has placed a two year restriction on our inflow rights. If the City honors these commitments the two year period should present no problems as you indicated. Because there is no doubt on our part of the City's intentions we agree to enter into this agreement with the Company. Because there is obviously no doubt on the City's part of the City's commitments, we expect the City to include their responsibility to complete said study in the Subdivision Agreement for Fox Meadows. Further, it is reasonable for the City to agree to accept responsibility, if at the end of the aforementioned two year period, the Irrigation Company decides to terminate the inflow right. DENVER TECHNOLOGICAL CENTER , BUILDING 443 5295 DTC PARKWAY • ENGLEWOOD,. COLORADO 80111 (303) 770-0400 �'. We ruestion the current rationale behind the extension F Bighorn Road A. originally, Bighorn Road was to connect two residential areas - our subdivision and the adjacent strip of land which was also zoned for residential uses. With that use, Bighorn Road would have remained residential. With the current proposed use of the land, the road will be an industrial access road. We are not comfortable with the idea of raising our families on, or near to, an industrial access road. B. Bighorn will be the only entrance/ex;.t point for the hi tech industry and also for the future building(s) that will be located on the land directly to the north, I. There was another curb cut planned off of Timberline, but the City chose to eliminate it, a, The elimination of the other access point will only increase the traffic and other impacts on the residential neighborhood. C. Because the City has yet to test and confirm the compatibility of such di,rerse land uses, we feel that they are really pushing the issue by forcing the residents into such intimate contact with such a land use, 1. In other areas of the City, the industry use was de -eloped prior to the adjacent residential use. 2. There are two issues in'✓olved here - the road and the industry, The City has no valid rationale to prove the compatibility of the combined impact of the road and the proposed industry, much less, each individual issue. a. WTe first question the compatibility of such an industrv, on such a small piece of land, so very close to the existing adjacent sin216 family residences. b. We then question the same industry being connected to these residences by an industrial access road. Connected to is very different from adjacent to. D. 'Line City has attempted to convince us that the only people who will travel through the neighborhood will be those who currently li,e here 1, i•:e were conce-ned about employee traffic, in particular those who would use the neighborhood as an easy access into or out of the industrial site because it would not be as congested as the Bighorn -Timberline intersection. We were told that this would not happen. 2. I quote from the tape of the Planning and Zoning Meeting, Joe Frank, Senior City Planner, states: "Now that we are having an employment center located here, rather than a health club, the need for opening up traffic so, =ially, employees could easily access into the site from the single family subdiN ision." His statement indicates that the road extension is for the benefit of the industrial employees! E. We would be willing to give up the access onto Timberline Road (by way of the extension) because the extension will ruin the integrity and reputation of the neighborhood (as a ruiet, safe place) and endanger all of the children. poten- r. The ruestion of ina-'e.-uate response time for a fire 'n the subdivision is not supported by any f. s 1. According to the Fire Marshall, a fire response time survey has not been clone for this area or our subdivision. 2. Our own survey indicates an adeouate response time. We calculate that the road extension would save onlv 16 seconds for a fire truck traveling to the farthest (east) intersection in the subdivision. 3, We do have alternatives to the complete road extension and we hope to have more facts and explanations concerning this mat-t.er by `he time the appeal is heard by the City Council. In closing, we want you to know that these are our concerns; we think they s'-ould be made known and addressed (and they were not able to be at the Planning and Zoning Meeting); and that there are definite problems with the plan and the type of land use being proposed. We are questioning: At what cost to the adjoining neighbo-hood environment will this development occur? The Land Development Guidance System states that "its purpose is to improve and protect the public health, safety, and welfare through the following objectives... to minimize adverse environmental impacts of development; to foster a more rational pattern of relationship between residential, business, and industrial uses for the mutual benefit of all". There are "absolute reruirements each development must satisfy before appro-al can be Granted. These include assuring neighborhood compatibility. Ana neeati,,e or adverse impacts of any proposed use shall be mitigated in the Planned Unit Development Plan. The second use to develop shall, at the time it de-elops, take all additional steps necessan° to mitigate conflicts." We ouestion whether these renui--ements have (or will be) fulfilled by this proposed development. Member Dow states: "Even though this is only a preliminary, sometimes we tend to Pet lost in approvinL something by taking the position that it is just a preliminary and those concerns will be addressed at the final. As far as I am concerned, the questions and concerns that 1 have are so serious ih nature that we cannot pass over them and approve this thine_ on a preliminary basis. We ought to be more concerned about a manufacturing entitv immediately adiacent to a nice, Iuality. single family detached residential neighborhood. I think there are a number of maior. maior nroblems with this." z z z /8, j 4c-� 4d C6 p� AM/7 11 auu c cz)zCVM 0?3 un 221�-3 zz ca , `—Yn aN -fin oV C�� C� - �C]� Q . c4z;�, l y /� /VTE / o P f 2 cl 0 22o7 Lem 6 r 3-71 z AeCT'L LLV;,Lk Qoo��o Four Generations of Johnsons December 12, 1983 Bobbi Dunham, Civil Engineer Engineering Services City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 Dear Bobbi; 15wQ'In's1'001_ fi/r - r�X Neoc✓DwS Re: Fox Meadows Drainage It will be impossible for me to attend the December Storm Drainage Board Meeting of December 14, 1983 since I will be out of town. I have examined the various alternatives submitted to me in your office on December 8, 1983. I thus find it necessary to reiterate the following facts: 1. Natural drainage water as it existed before develop- ment in this area did not flow over our land except through irrigation ditch to neighbors lands, and that in very limited quantity,and good quality. 2. Drainage ditch was established years ago in the Fox Meadows development land area via a ditch to the north and then crossing Horsetooth Road. We have old photos to prove this point. 3. We sold an easement to the City of Fort Collins for a covered stormdrain east along Horsetooth Road from the Fox Meadows development. A 36 inch pipe is now in existence for that purpose. 4.,A "do nothing" concept, as outlined in Alternative ##1, would probably lead to severe problems for our farm and possible future litigation. 5. Any form of an open storm drainage channel on or through our farm would not be acceptable to us. .Along with the reason explained in fact #1 an open channel would greatly detract from the value of our land for future development. These items, in our estimation, dismiss Alternatives 2, 5, 6, and 7. 6. Left for consideration are Alternatives 3 and 4. I think our choice here would be ,a# 3, although we real- ize the problems contained there with a sanitary sewer sewer and poor planning in the past to contend with. 7. The only Alternative left is ##4. I can only say that perhaps we might be agreeable to another underground drainage easement in the future. I hope this explains our position in this matter. Sincerely. 4744-a•ewrey • Fort Collins, Colorado 80525 G en A. Jbhnson Ed (303) 482-4632 • Cal (303) 223-5148 • Glen (303) 226-1846 Vice President C 11Y ( I I OUJ ( OI I INS ox i8U, Fort Collins, Colorado 50522 r-,..,q.,..,,T,„�..„ ...yam... .. .,...+.,».,..=,,,...... .... ,..�.,..: ... P.O.. ENGINEERING SLRVICES February 24, 1984 Mr. Bob Shields 3910 S. County Road 9 Fort Collins, Colorado 80525 Re: Wastewater Ditch along Fox Meadows Dear Mr. Shields: PW3031 184 3220 L. t. -23 The Drainage Board met on February 8th and recommended that the City install a 27" storm sewer along the east side of the Fox Meadows Subdivision. It will be installed either this year or in the near future. The storm sewer will be used for storm drainage but can also be used to carry your irrigation wastewater. When the City starts the final design for the project, you will be sent a copy of the plans for your approval. If you have any questions about the project or any impacts it may have on your irrigation water, please feel free to call me at 221-6605, extension 7309. Sincerely, Bobbi Dunham Civil Engineer I CITY OF FORT COLLINS OFFICE OF DEVELOP'AENT SERVICES, PLANNING DEPARTMENT MEMORANDUM TO: Steven C. Burkett, City Manager / FROM: Mike Davis, Director of Development Scrcc 'is VIA: Tom Peterpn/ol_r o' �f Planning DATE: March 4, 1988 RE: Execution of Agreement and Quit Claim Deed The following two documents need the signature of the City Manager: 1. An AGREEMENT made between the American Continental Corpora- tion and the City of Fort Collins 2. A QUIT CLAIM DEED in which the City (grantor) relcascs a res- ervation on two lots owned by American Continental Corporation (grantee) At the March 1, 1988 regular meeting of the City Council, the City Council authorized the Mayor to execute a quit claim dced regarding an access res- crvation in Fox Meadows Subdivision and accepting a warranty deed from American Contincntal Corporation for a pedestrian/bike path through the Fox Meadows Subdivision. (Agenda item =190. Fox Meadows Subdivision, Block 10, Lots 17 and 18, were platted with a reservation that Wapiti Drive might have to extend to the south. There- fore, no building permits have ever been issued for these lots. Sunstonc Village was then platted to the south and now there is no need to extend Wapiti Drive as Sunstonc will rely on its own internal circulation system. The City has been requested by the owner, American Continental Corpora- tion, to lift the reservation on Lots 17 and 18. Since the lots were reserved for access, the City will agree to lift the reservation in exchange for a ten foot wide dedication for a bicycle/pedestrian path. OFF ICF OF DEVELOPMENT SERVICES, PLANNING 300 la Porte Ave. • P.O. Box 580 • Fort Collins. Colorado 80522 • (303) 121.5750 The QUIT CLAIM DEED will grant to American Continental Corporation a relinquish mcnt of any interest the City may have in the Icscrvst10n for future access over and across Lots 17 and 19, Block 10. Foz VIcatio1%s Sub- division. Also attached is an executed Warranty D c c d granting the City a deed of casement and right-of-way being 10 feet in width and SSS7 feet in Icncth along and adjacent to the lot line separating snid Lots 17 an IS. Block 10. Fox Meadows Subdivision. The AGREEMENT states that the City will release the reservation on the two lots. American Continental will dedicate the land needed f or a bicycle/pedestrian path. The obligation to design the bikcpath will fall onto the City. The obligation to construct the bike pith will fall onto the devcl- oper of either of the two lots. Said developer will then be cligiNC to be reimbursed by the City as per Article V, Section 30 of the City Code. Building homes. Building tradition. August 14, 1992 Mr. Mike Herzig Planning Department City of Fort Collins 281 N. College Fort Collins, CO 80524 Dear Mike, In accordance with our verbal agreement I am billing the city for one half the cost of the storm drain manhole installed south of Antelope Road adjoining Fox Meadows subdivision. My standard 4' I.D. manhole price from Hall -Irwin was $765.98 rather than the price noted for a 5' I.D. manhole on their bid sheet. Therefore the city cost for this is $382.99. Also at the request of Craig Farver, City Inspector, we excavated the water line joints checking for leaks in the water main. This was done in the section of Antelope Road we improved for the city in Fox Meadows Subdivision. We had opened all of our joints in the English Ranch and did not find any leaks. Craig asked us to open those on Antelope Road. The leak turned out to be in the valves at the intersection of Antelope and Bison. Hall - Irwin has submitted a bill to me for the work in the amount of $35O.0O. Both of these bills have been paid and I request payment. Thank you for your help. Sincerely, William D. Bartran Bartran 8 Company, Inc. 350 00 16" Alcott St. • Fort Collins, CO 80525 • 303/228-P266� y99-BLto CITY OF FORT COLLINS M E M O R A N D U M DATE: September 3, 1992 TO Sandy O'Brien/Lesa Salmon, Financial Coordinator FROM: Marc Engemoen, Engineering Manager le RE Repayment for Extending Antelope Drive When Fox Meadows Subdivision was originally developed, a connection with future development to the north was planned at Antelope Drive. When the street improvements for Fox Meadows were constructed, the future connection was partially constructed as well, but did not extend all the way north to the property line. Bill Bartran is now developing the property to the north, English Ranch. He was required to connect his development with Fox Meadows at Antelope at the boundary of his development. But because Antelope was only partly completed in Fox Meadows, the connection could not be made without additional construction on the Fox Meadows side. Because no provisions had been made with the developer of Fox Meadows to complete this connection when the property to the north developed in the future, it was determined that the City was responsible for the costs of completing this connection. Bartran agreed to construct the connection provided he was repaid for these costs. The construction has now been completed, and Bartran has submitted request for repayment supported by invoices for the work. I have reviewed the request and am in agreement with the quantities and costs. Please process payment to Bartran for the amounts shown on the requests. Funds for this payment should come from Minor Street Capital. Please let me know if there are any questions concerning this matter. cc: Mike Herzig City of Fort Collins June 18, 1979 Page 2 If a drainage basin fee is necessary to construct necessary improvements as indicated by said study, Medema would agree to participate on an equitable basis with credit given to the off - site drainage improvements we are currently planning to construct. Please forward me the Subdivision Agreement at your earliest convenience and I'll keep you informed as to our agreements with the North Poudre Irrigation Company. Very Truly Yours, ` MEDEMA HO S, INC. WILLARD B. TELLER, Director Land Planning/Development WBT/klb xc: Scott Albertson Mr. Alden V. Hill, Esq. Mr. Bill Tiley, University Realty SUNSTONE - FOX MEADOWS BIKE PATH CONNECTION LOCATED BETWEEN LOTS 16 AND 17 OF THE FOX MEADOWS SUBDIVISION MINOR CAPITAL PROJECT - 1989 TED SHEPARD - CITY PLANNER DECEMBER - 1988 EXPLANATION On March 2, 1988, the American Continental Corporation (Amcor) agreed to dedi- cate land for a bicycle/pedestrian path to the City of Fort Collins. The location of this dedication is between Lots 16 and 17 of the Fox Meadows Subdivision along Arctic Fox Drive. The purpose of the dedication is to remove a plat reservation on the original Fox Meadows plat that reserved Lots 17 and 18 for future access to the south should there be a need to extend Wapiti Drive. Since it is not necessary to extend Wapiti Drive to the south, the City has agreed to accept a dedication for a path and lift the reservation. Both Lots 17 and 18 are 6,133 square feet. A dedication for a bike path would reduce these lots below the minimum 6,000 square feet allowed by the Zoning Code. As a result, Amcor has agreed to consolidate Lots 17 and 18 into one larger lot having a minimum of 100 feet of frontage along Arctic Fox Drive. Since the City is not interested in receiving a such a large dedication (38.5 x 88.57 feet) for a bike path, it would seem reasonable to dedicate back to both adjacent lots (16 and 17) an additional 10 feet. This would reduce the City property to a more manageable 18.5 feet. It is proposed that this 18 feet be divided between an 8 foot wide concrete path bordered by two 5 foot landscape strips. Design Considerations: 1. Saving the large, mature cottonwood tree to the south. 1. Reconstructing the six foot wood fence along Lot 16. 3. Using spit rail fencing for minimum 20 feet back from the sidewalk along Arctic Fox Drive to match the building setbacks and to avoid the tunnel effect. (Similar to entrances to the Shepardson Channel). 4. Matching the grade of the proposed bikepath located in the drainage swale along the north border of Sunstone Village 4th Filing. 5. Erosion control measures to mitigate the grade separation. 6. Using low maintenance groundcover and shrubs that are drought tolerant. 7. Working with affected property owners and neighbors so a "sense of owner- ship" develops and potentially keeps maintenance costs down. ! EMI° ,�. ,.T�- vR%f� CITY OF EORI (OLLINS P_O. BOX 580, PORT (OLLINS, COLORADO 80522 PH �1303) 484-4220 ENGINEERING DIVISION EXT. 728 June 29, 1979 Mr. John Hutchinson Medema Homes, Inc. 5295 Denver Tech Center Parkway Englewood, Colorado 80111 Dear John: This letter will confirm our telephone conversation of June 4, 1979 during which I explained the City's position regarding the drainage for Fox Meadows Subdivision. Roy Bingman, Don Parsons, Bob Smith and I met last week and discussed the matter in detail. We are proposing to resolve the issue as follows: (1) Medema Homes will agree to pay a drainage fee of five (5) cents per square foot based on the gross area of the Fox Meadows development. This fee will also be obtained from other properties within this drainage basin as they develop. The monies accumulated in the drainage fund will be used to finance a basin -wide storm drainage study and construct the necessary basin improvements. (2) Medema Homes will design and construct at their sole expense (including necessary right of way) the drainage improvements required to account for the drainage from their development. Such improvements will include both on -site and off -site facilities required to channel the run-off to a suitable outlet. (3) The City will develop a comprehensive drainage plan for this basin immediately, pending Council approval of the revised drainage budget (Tuesday, July 3, 1979). Improvements shall be constructed as funds become available and in accordance with the schedule established by the City through collection of the fees in the entire basin. Since the only present source of funds for the City's involvement is the drainage fee as indicated in paragraph #1, the City cannot commit itself to a two year limitation on construction of the permanent improvements Therefore, either the two year limitation should be eliminated or the developer should agree to front end the construction in two years to the extent the fee does not cover the costs.