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HomeMy WebLinkAboutAgenda Report - July 17, 2019 C-17AGENDA ITEM c.17 Crrv or Lonr Couucrl Con¡urunrcATroN TM AGENDA TITLE: I,IEETING DATE: PREPARED BY: Adopt Resolution Authorizing City Manager to Execute lmprovement Deferral Agreement for 927 I ndustrial Way July 17,2019 Public Works Director RECOMMENDED AGTION: Adopt resolution authorizing City Manager to execute lmprovement Deferral Agreement for 927 lndustrial Way. BACKGROUND INFORMATION: The owner of the property located at927 lndustrial Way has applied for a tenant improvement building permit in an existing building. ln accordance with Title 15, Chapter 15.44 of the Lodi Municipal Code, the City may require the repairs/installation of public improvements if the value of the building improvements exceeds $52,900. The owner is required to repair/install public improvements, consisting of removal and replacement of the two driveways that do not comply with the Americans with Disabilities Act (ADA), as a condition of Building Permit No. 20180816 issuance. The property owner has agreed to complete the removal and replacement of the easternmost non-ADA compliant driveway fronting lndustrial Way by December 31,2020, but requests to defer the removal and replacement of the westerly driveway that is shared with the adjacent property (923 lndustrial Way) due to the financial impact to their business. The owner has signed the lmprovement DeferralAgreement and paid the necessary document preparation and recording fees. The lmprovement Deferral Agreement requires the owner to pay for the design and installation of the easternmost driveway no later than December 31 , 2020; and defers the westerly shared driveway until improvements lor 923lndustrial Way have been requested or as determined by the Public Works Director or City Council. The estimated cost of the deferred improvements is $70,000. Considering the financial impact on his business at this time and the owner's cooperation to complete a portion of the frontage improvements within one year, Staff recommends authorizing the City Manager to execute the lmprovement Deferral Agreementfor 927 lndustrial Way. FISCAL IMPACT:Not applicable. Not applicable. Charles E. Swimley, Jr Public Works Director Prepared by Denise Wiman, Sr. Engineering Technician CES/DWtdb Attachment cc:City Attorney Deputy Public Works Director/City Engineer APPROVE FUNDING ¡l a KIWP\DEV_SER\ Deferral Agreements\Cc_g27 lndustr¡al.doc , City Manager 7t8t2019 RESOLUTTON NO. 2019-133 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT DEFERRAL AGREEMENT FOR 927 INDUSTRIAL WAY WHEREAS, the owner of the property located at 927 lndustrial Way has applied for a tenant improvement building permit in an existing building; and WHEREAS, the property owner is required to repair/install public improvements, consisting of removal and replacement of the two driveways that do not comply with the Americans with Disabilities Act (ADA), as a condition of Building Permit No. 20180816 issuance, as set forth Lodi Municipal Code Chapter 15.44; and WHEREAS, the property owner has agreed to complete the removal and replacement of the easternmost non-ADA compliant driveway fronting lndustrial Way by December 31,2020; however, requests to defer the removal and replacement of the westerly driveway that is shared with the adjacent property (923 lndustrial Way) due to the financial impact to their business at this time; and WHEREAS, the property owner has signed the Agreement and paid the necessary document preparation and recording fees; and WHEREAS, the lmprovement Deferral Agreement requires the owner to pay for the design and installation of the easternmost driveway no later than December 31 , 2020; and defers the westerly shared driveway until improvements for 923 lndustrial Way have been requested or as determined by the Public Works Director or City Council; and WHEREAS, staff recommends authorizing the City Manager to execute the lmprovement Deferral Agreement for 927 lndustrial Way. NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the lmprovement Deferral Agreement for 927 lndustrialWay. Dated: July 17 , 2019 I hereby certify that Resolution No. 2019-133 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 17, 2019 by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None NI 2019-133 Clerk F