Finley, Hartig, DB & T - Detention Basin
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MEMORANDUM
February 27,2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: The Finley Hospital, Hartig Drug, Dubuque Bank & Trust - Detention Basin
Requirements at University and North Grandview
City Engineer Gus Psihoyos recommends City Council approval of the proposed
Stormwater Facilities Fee Agreement with the development group of The Finley
Hospital, Hartig Drug, and Dubuque Bank and Trust, whereby the City will provide
detention basin services so the Finley, Hartig, DB&T development at University Avenue
and North Grandview meets the City detention basin requirements. Per the terms of the
agreement, the City will receive a payment of $26,451. Beginning in 2007, the City will
receive an annual payment of $300, which will increase by 2.5% each year thereafter.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
February 27,2006
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer ..9G
TO:
SUBJECT: The Finley Hospital, Hartig Drug, Dubuque Bank & Trust - Detention
Basin Requirements at University and N. Grandview
INTRODUCTION
The purpose of this memo is to seek the City Council's approval of the proposed
STORMWATER FACILITIES FEE AGREEMENT between The Finley Hospital,
Hartig Drug, and Dubuque Bank & Trust - the owners of the development at the
intersection of University Ave. and N. Grandview - and the City of Dubuque.
BACKGROUND
The proposed Finley-Hartig development at the intersection of University Ave. and
N. Grandview exceeds an acre; Per City policy, stormwater detention is required.
The site is upstream of the City's Allison-Henderson Detention Basin. All drainage
from the Finley-Hartig site flows to the basin.
In 2003, the City entered into a Stormwater Facility Agreement with Arbor Glenn
Properties, a multi-family residential apartment complex just west of the Carter
Road Detention Basin. The City's cost to construct the Carter Road Detention
Basin was calculated to be $1,950 per acre of service area. Arbor Glenn
Properties made a one-time payment to the City of $15,000 for the 7.77 acres
associated with the apartment complex. Beginning in 2004, they have been paying
an annual maintenance fee. The fee was established at $600 and starting in 2010
it will escalate at 2.5% each year thereafter.
In 2004, with the approval of the City Council, the City entered into a Stormwater
Facilities Agreement with QHQ, the developer of Holliday 3rd Addition just north of
the City's NW Arterial Detention Basin. QHQ's development totaled 40.9 acres,
making up twelve and three tenths percent (12.3%) of the 332.8 acres that
contribute stormwater runoff to the NW Arterial detention basin. Therefore, QHQ
made a one-time payment to the City of $62,250.00, 12.3% of the City's cost to
construct the basin. Beginning in 2005, the City receives an annual payment
starting at $4,120.00 and increasing by 2.5% each year thereafter to cover annual
maintenance costs associated with the detention basin.
DISCUSSION
To meet detention basin requirements, the development group for the Finley,
Hartig, DB&T site asked City Engineering about the possibility of utilizing the City's
detention basin instead of constructing a new detention basin of their own. The
proposed Allison-Henderson Detention Basin, located just north of the Finley,
Hartig, DB&T site, will be fully functional in the summer of 2006.
A hydrologic and hydraulic analysis indicates that the proposed Allison-Henderson
Detention Basin can provide the detention required for the Finley, Hartig, DB&T
development.
The basic premise of the agreement is that the City will provide detention (a
service) and the owners of the Finley, Hartig, DB&T will reimburse the City for the
cost of the service. The service fee has three components.
1) Cost to Construct the Detention Basin
The City's estimated cost to construct the improvements to the detention
basin is $6,201 per acre that it serves. At the time of execution of this
agreement, the owners of the 2.93 acre Finley, Hartig, DB&T site will make a
one-time payment to the City of $18,169.00 as a detention basin construction
service fee.
2) Cost to Upsize Storm Sewer to the Detention Basin
Because the City planned and budgeted to replace the storm sewer, the
developers of the Finley, Hartig, DB&T site need only reimburse the City's
cost to upsize the City's storm sewer from a 24-inch diameter sewer to a 30-
inch diameter sewer. This cost increase is estimated to be $8,282. At the time
of execution of this agreement, the owners of the Finley, Hartig, DB&T site
will make a one-time payment to the City of $8,282.00 as a storm sewer
construction service fee.
3) Cost of Detention Basin Maintenance
Finally, the owners of the Finley, Hartig, DB&T site will be responsible for
covering a portion of the City's cost to maintain the Allison-Henderson
Detention Basin. The first annual service fee payment of $300 will be due on
January 1, 2007 and it will increase by 2.5% each year thereafter.
The cost on item #1 to construct the detention basin and #2 the cost up upsize
storm sewer to the detention basin were based on engineering's estimate to
construct these two items. These costs are subject to change based on final
construction costs. In addition to these above mentioned costs for the
Finley/Hartig/DB& T participation in the Allison-Henderson detention basin, the
developers must construct a storm sewer from their site across University Avenue
to the City's storm sewer on Grandview Avenue to accommodate the increased
stormwater from their site.
RECOMMENDATION
I recommend that the City enter into the agreement with The Finley Hospital,
Hartig Drug, and Dubuque Bank & Trust.
BUDGET IMPACT
Per the terms of the agreement, the City will receive a payment of $26,451.00.
Beginning in 2007, the City will receive an annual payment of $300 to increase by
2.5% each year thereafter.
ACTION REQUESTED
I respectfully request that the City Council authorize City staff to enter into the
service agreement with the development group of the Finley Hospital, Hartig Drug,
and Dubuque Bank and Trust whereas the City will provide detention basin
services so that the Finley, Hartig, DB&T development at University Ave. and N.
Grandview meets the City's detention basin requirements.
attachments
Prepared by Deron Muehring
cc: Dawn Lang, Budget Director
Laura Carstens, Planning Services Manager
Kyle Kritz Associate Planner
Deron Muehring, Civil Engineer II
CITY OF DUBUQUE STORMWATER FACILITIES FEE AGREEMENT
THIS AGREEMENT made and entered into this _day of
2006, by and between the City of Dubuque (City) and Owner consisting of:
The Finley Hospital
350 N. Grandview Avenue
Dubuque, IA
Hartig Drug Co., Inc.,
703 Main Street
Dubuque, IA
Dubuque Bank & Trust, Inc.
703 Main Street
Dubuque, IA
WHEREAS, Owner is proposing to construct the following development (the
Project):
Description of Project
Address of Project
and
WHEREAS, City policy requires that a development such as the Project
include the construction of a private stormwater detention facility to mitigate the
increased flow of stormwater runoff caused by the Project; and
WHEREAS, City has budgeted funds to construct the Allison-Henderson
Detention Basin; and
WHEREAS, City has budgeted funds to reconstruct the storm sewer
between the project and the Allison-Henderson Detention Basin; and
WHEREAS, Owner desires to have the benefit of the service of the Allison-
Henderson Detention Basin and the storm sewer and agrees to pay City for the
cost of such service.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, the parties hereto agree as follows:
1. City agrees to construct, operate and maintain the Allison-Henderson
Detention Basin and the storm sewer immediately downstream of the
Project to detain stormwater runoff from the Project and other upstream
F-H-DB&T Stormwater Facility Fee Agreement Page 1 of 4
properties that total 43.2 acres. City's cost to construct the Allison-
Henderson Detention Basin is estimated to be $267,867.45, or
approximately $6,201 per acre. Actual cost will be determined based on
final project cost.
2. Owner shall pay the City at the time of execution of this Agreement a
detention basin construction service fee in the amount of Eighteen
Thousand One Hundred Sixty Nine Dollars ($18,169), based on $6,201
per acre for the 2.93 acres associated with the Project. Service fee will
be established based on the City's cost to construct the Allison-
Henderson Detention Basin.
3. Owner shall pay the City at the time of execution of this Agreement a
storm sewer construction service fee in the amount of Eight Thousand
Two Hundred Eighty Two Dollars ($8,282) based on the material and
labor costs to upsize 310 linear feet of 24-inch diameter RCP to 30-inch
diameter RCP.
4. Commencing January 1, 2007, and on January 1 of each year
thereafter, Owner shall pay to City an annual detention basin
maintenance fee for the maintenance of the Allison-Henderson
Detention Basin. The annual fee for 2007, shall be Three Hundred
Dollars ($300.00). The annual fee for 2008 and for each year thereafter
shall be calculated by adding 2.5% to the fee for the previous year. [Fee
for year 2008 = $300 + (2.5% x $300) = $307.50; fee for year 2009 =
$307.50 + (2.5% x $307.50) = $315.19; and so on].
5. Owner shall design and construct, at Owner's cost, an 18-inch diameter
storm sewer from the Project, across University Ave. to a manhole in
Allison-Henderson Park.
6. City shall not require Owner to provide on-site drainage detention
facilities for the Project so long as City is providing the detention basin
service for the Project as provided in this Agreement.
7. Owner agrees that nothing contained herein shall relieve Owner of the
responsibility for providing adequate private drainage facilities on the
Project site or the responsibility for discharging stormwater to a public
drainage facility in accordance with plans therefore approved by the
City. Owner shall prepare plans for and construct such drainage
facilities in accordance with City's design standards and practices.
F-H-DB&T Stormwater Facility Fee Agreement Page 2 of 4
8. This Agreement shall be binding upon City and Owner and their
successors, executors, administrators and assigns.
9. It is understood that the Owner will assign, sublet, or transfer its
interests in this Agreement, but not without prior written consent of City,
which consent shall not be unreasonably withheld.
10. Nothing herein shall be construed as giving any rights or benefits
hereunder to anyone other than City and Owner.
11. This Agreement supercedes all previous agreements, oral or written,
between City and Owner and represents the whole and entire
Agreement between the parties regarding this matter. This Agreement
may not be altered, modified or amended except in writing, properly
executed by an authorized representative of City and Owner.
12. If any section, clause or provision of this Agreement shall be held
invalid, such invalidity shall not affect the validity of any other section,
clause, paragraph, portion or provision of this Agreement.
13. The construction, interpretation and performance of this Agreement shall
be governed by and construed in accordance with the laws of the state
of Iowa. Any action at law, suit in equity or judicial proceeding for the
enforcement of this Agreement or any provision thereof shall be
instituted and maintained in a court of competent jurisdiction located in
the County of Dubuque, State of Iowa.
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement the day, month, and year first above written.
OWNERS (3)
CITY OF DUBUQUE
The Finley Hospital
Gus Psihoyos
Printed Name
Title
Citv EnQineer
Title
F-H-DB&T Stormwater Facility Fee Agreement Page 3 of 4
Hartig Drug Co., Inc.
Printed Name
Title
Dubuque Bank & Trust, Inc
Printed Name
Title
F-H-DB&T Stormwater Facility Fee Agreement Page 4 of 4