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Home My WebLink AboutAgenda Report - January 3, 1996 (20)AGENDA TITLE: Improvement Agreement for 929 South Cherokee Lane (APN 047-390-007) MEETING DATE: January 3, 1996 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council approve the terms of an Improvement Agreement for the installation of frontage improvements at 929 South Cherokee Lane and authorize the City Manager to sign an agreement containing the authorized conditions without further Council action. BACKGROUND INFORMATION: The owner of the property, Mr. Walter Tecklenberg, has applied for a building permit (Construction Application 9557) to connect an existing auto detail shop on the property to the public sanitary sewer. The auto detail shop is operated by Mr. Robert Haro. As a condition of the building permit for the sewer connection, the owner has been required to pay for the installation of a 4 -inch sewer service lateral to be installed by City crews ($800.00), a sewer capacity fee of one sewer service unit ($2,099.00) and fees for an outstanding reimbursement agreement (79S02) for the sewer main fronting his property ($3,372.43). Copies of the permit conditions and billing sent to the owner are attached as Exhibit A. Mr. Tecklenberg and Mr. Haro have questioned the fees for the reimbursement agreement and would like them waived. Mr. Haro suggested that the money would be better spent on other improvements, such as curb, gutter and sidewalk. The auto detail shop is located on the north side of the parcel (see attached Exhibit B). When the sanitary sewer main south of Mr. Tecklenberg's property was installed in 1970, a manhole was constructed at the south property line and a service lateral was stubbed to the west to serve a residence on the property. The flower shop located on the south side of the subject parcel is also currently connected to the public sewer using this lateral. These connections would not have been allowed under current City standards without extending the sewer main along the entire parcel frontage. In 1979, a sanitary sewer main was installed across the frontage of the subject property in conjunction with a development to the north. A reimbursement agreement was executed with the developer installing this sewer main to recover his costs when the subject property connected to the main. Under the terms of the agreement, any monies collected after May 7, 1989 would be retained by the City. The existing sewer service connection on the south side of the property is not deep enough to serve the auto detail shop. Therefore, a new service connection will have to be provided from the sewer main covered by the reimbursement agreement. The subject parcel is in the proposed assessment district for the Central City Revitalization Project and does not have frontage improvements (curb, gutter, sidewalk and landscaping). Since a portion of the parcel already has public sewer service and since the reimbursement fees will be retained by the City, staff recommends that an improvement agreement be executed between the property owner and the City, waiving the reimbursement fees under the following conditions: APPROVED: HManager 1Yf47/95 Improvement Agreement for 929 South Cherokee Lane (APN 047-390-007) January 3, 1996 Page 2 1. Street frontage improvements (curb, gutter, sidewalk and shoulder paving) and landscaping in conformance with the Central City Revitalization Program Concept Development Plan will be installed along the entire parcel frontage as part of the proposed Central City Revitalization Assessment District improvements. 2. The cost of the frontage improvements along Cherokee Lane is the OWNER'S responsibility and will be included in the Central City Revitalization Assessment District assessment for the subject parcel if the District is adopted. 3. Design services for curb, gutter and sidewalk installation will be provided by the CITY at no cost to the OWNER. 4. OWNER agrees not to protest the formation of the Central City Revitalization Assessment District. 5. City agrees that reimbursement fees due CITY under reimbursement agreement 79S02 will be waived. 6. Should the Cherokee Lane portion of the Central City Revitalization Assessment District formation effort not be approved, OWNER agrees to design, pay for and install the frontage improvements and landscaping described in Item 1 above upon written request by the City. Construction of said improvements to begin within 90 days after City's written request. Staff has discussed Item 4 with Mr. Tim Hachman, assessment district counsel, and he advised there are no legal prohibitions against this condition, Staff feels the proposed agreement is an equitable solution to the reimbursement fee issue raised by the owner. The installation of the Cherokee Lane frontage improvements with the assessment district improvements will certainly enhance the effectiveness of the Cherokee Lane beautification effort. FUNDING: Design Services - Street Fund i )Pub'c L. Ronsko Works Director Prepared by Sharon A. Welch, Associate Civil Engineer JLR/SAWIIm Attachments cc: City Attorney Associated Civil Engineer - Development Services Mr. Tim Hachman Mr. Walter Tecklenberg Mr. Robert Haro CIATECKL.DOC 12/20/95 CITY COUNCIL STEPHEN J. MANN, Mayor DAVID P. WARNER Mayor Pro Tempore RAY G. DAVENPORT PHILLIP A. PENNINO JACK A. SIEGLOCK Mr. Walter Tecklenberg 935 S. Cherokee Lane Lodi, California 95240 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 333.6706 FAX (209) 333-6842 December 7, 1995 SUBJECT: Construction Application #9557 929 S. Cherokee Lane, Lodi, California EXHIBIT A H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney Your construction application for connection to the public sanitary sewer has been reviewed by the Public Works Department for conformance with City requirements. The requirements are described on the attached sheet which has been forwarded to the Building Division for inclusion in your permit. The CONSTRUCTION REQUIREMENTS and FEES sections will be handled by the Building Division in conjunction with the issuance of your Building Permit. We are also enclosing our bill #E-1335 under Sanitary Sewer Reimbursement Agreement 79S02 are also required for this project. The reimbursement agreement covers the cost of the sanitary sewer main installed along the Cherokee Lane frontage of the subject parcel by others. The sanitary sewer service you have requested will be provided from this main. Should you have any questions, please call me at 333-6800 ext. 659. Sharon A. Welch Associate Civil Engineer cc: Building Division Mr. Robert Haro EXHIBIT A MEMORANDUM, City of Lodi, Public Works Department To: Chief Building Official From: Associate Civil Engineer - Development Services Date: December 7, 1995 Subject: Construction Application #9557 929 S. Cherokee Lane, Lodi, California CONSTRUCTION REQUIREMENTS: Please add the following construction requirements to the Plans and the Building Permit for the subject project: • Install a reduced pressure backflow device assembly conforming to Standard Plan 413 on the existing metered water service. Discharge from wash rack area is to be collected and passed through a sand/grease trap conforming to Standard Plan 205 prior to discharge to the sanitary sewer system. FEES: Please collect the following Public Works fees at the time of issuance of the Building Permit: Wastewater Connection Fee for 1.0 SSU's ($2,099.00). (017.0-752) • Wastewater Service Charges for Work by City: $800.00 for 4 -inch sanitary sewer service installation. (017.0-766) • Sanitary Sewer Reimbursement Fees under Agreement 79S02 are required for this project. These fees will be collected separately by the Public Works Department, See Additional Items Section below. ENCROACHMENT PERMIT: The following work is a condition of the Building Permit and should be marked on the Plans. The work is to be done prior to occupancy under the terms of an encroachment permit from the Public Works Department: • None required. ADDITIONAL ITEMS: The following additional items are required of the project and will be handled by the Public Works Department: • Sanitary Sewer Reimbursement Fees (Agreement 79S02). The fees need to be paid prior to the issuance of the building permit. Please notify the Development Services Section when the fees to be collected by the Building Division are paid. Thank you, Sharon A. Welch Associate Civil Engineer cc: Mr. Robert Haro Mr. Walter Tecklenberg EXHIBIT A S T A T E M E N T FINANCE DEPARTMENT CITY OF LODI City Hall Annex 1212 West Pine Street / P.O. Box 3006 / Lodi, CA 95241-1910 Telephone (209) 333-6717 Mr. Walter Tecklenberg 935 S. Cherokee Lane Lodi, CA 95240 December 7, 1995 Make your check payable to CITY OF LODI Fees for development at 929 S. Cherokee Lane Sanitary Sewer Reimbursement Fees (Agreement 79S02) 293 LF @ $11.51 /LF TECIQENS.DOC Return the attached copy with your payment S T A T E M E N T FINANCE DEPARTMENT CITY OF LODI City Hall Annex / 212 West Pine Street / P.O. Box 3006 / Lodi, CA 95241-1910 Telephone (209) 333-6717 Mr. Walter Tecklenberg 935 S. Cherokee Lane Lodi, CA 95240 Make your check payable to CITY OF LODI Fees for development at 929 S. Cherokee Lane Sanitary Sewer Reimbursement Fees (Agreement 79S02) 293 LF @ $11.51/LF TECIQENS.DOC E-1335 AMOUNT $3,372.43 December 7, 1995 E-1335 $3,372.43 CITY OF LODI EXHIBIT B J rn O Shop ��• � I � U APN 047-390-007 I � 4" SS /osrier Service ; � M � j 4-j4-jShoe U-) O z Delores St. N.T.S. VICINITY MAP CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY C. DAVENPORT STEPHEN J. MANN JACK A. SIECLOCK CITY OF LODI Mr. Walter Tecklenberg 935 South Cherokee Lane Lodi, CA 95240 CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6842 December 27, 1995 Mr. Robert Haro 929 South Cherokee Lane Lodi, CA 95240 H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney SUBJECT: Improvement Agreement for 929 South Cherokee Lane (APN-047-390-007) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, January 3, 1996, at 7 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to the City Clerk at 305 West Pine Street. If you wish to address the Council at the Council meeting, be sure to fill out a speakers card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sharon Welch at (209) 333-6706. eckRonsko Director FilIRiMR Enclosure cc: City Clerk NCIATECK.DOC