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Home My WebLink AboutAgenda Report - October 4, 1995 (61)CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Reimbursement Agreement #RA -95-04 for Public Improvements for Lodi Town Plaza Shopping Center MEETING DATE: October 4, 1995 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider Reimbursement Agreement #RA -95-04 for public improvements in Kettleman Lane and along the west boundary of the Lodi Town Plaza Shopping Center constructed with the Lodi Town Plaza Shopping Center. BACKGROUND INFORMATION: Public improvements required for the development of Lodi Town Plaza Shopping Center were installed by Target Stores in conjunction with the construction of its store on the parcel they had purchased in the Center. The adjacent parcel to the west (APN 027-040-030) benefited from the installation of the off-site improvements as shown on Exhibit 1. The developer has paid the appropriate application fee and the fees to cover the cost of recording the Agreement. The affected property owners have been notified. The reimbursable improvements consist of a 10 -inch water main along the west boundary of the Lodi Town Plaza Shopping Center, an 8 -inch sanitary sewer main and street improvements in Kettleman Lane. A copy of the Agreement is attached as Exhibit 2. FUNDING: Applicant fees and reimbursement fees collected from future development. V{ Jack L. Ronsko Public Works Director Prepared by Sharon A. Welch, Associate Civil Engineer JLR/SAW/lm Attachments cc: Associate Civil Engineer - Development Services Target Stores Phillippi Engineering E. & O. Anagnos, et al. APPROVED: BIAS A. PETERSON City Manager recycled paper CPHRALDI.DOC 09/22/93"-1 EXHIBIT I CITY OF LO D l LODI TOWN PLAZA PUBLIC women 08 A r&4Exf REIMBURSEMENT #RA 95-04 N.T.S. 0 ,.wt :m an W AFW b a U a AREAS OF BENEir T SANRARY SEWER ::.... _ ::. ® WATER S7RErT IMPROVEMENTS s3 ftmw , U,. (MVE W". NM 12) Reimbursement covers improvements shown on approved Drawing No's. 920125, 92D131 through 92D133. INITIAL REIMBURSE ASUE AMOUNTS (1995) WATERMAIN =2160.12/Acre SANITARY SEWER MAIN =3607.73/Acre STREET IMPROVEMENTS $12.92/Front Foot (KEiiLEMAN LANE) REIMBURSEMENT RASE 95-04 M:\ aevserv\ Ianizrmn.nwc EXHIBIT 2 WHEN RECORDED, RETURN TO: City Clark City of Lodi 221 Wast Pine Street Lodi, CA 9S240 REIMBURSEMENT for PUBLIC IMPROVEMENTS AGREEMENT / RA -95-04 THIS AGREEMENT is made by and between the CITY OF LODI, hereinafter referred to as 'City', and TARGET STORES. A DIVISION OF DAYTON HUDSON CORPORATION hereinafter referred to as 'Applicant'. RECITALS: WHEREAS, Applicant is the developer of LODI TOWN PLAZA and has entered into an Improvement Agreement with the City dated March 26, 1993 to construct public improvements needed to serve the development, and WHEREAS, the Applicant has constructed water mains, sanitary sewer mains and street improvements that will serve additional properties that are designated and shown on the plan attached and labeled Exhibit A to this agreement and indicated thereon; and WHEREAS, the Applicant has filed a request with the Public Works Director in conformance with Chapter 16.40 of the Lodi Municipal Code requesting reimbursement for those improvements which benefit other property or would be required of those properties upon development, and WHEREAS, the property owners of those properties shown in Exhibit A have been notified and the City Council has conducted a public hearing regarding the Applicant's request for reimbursement. NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained and pursuant to Government Code Sections 66485 through 66489 and Tale 16 of the Lodi Municipal Code, it is hereby agreed between the parties as follows: 1. The amount of the reimbursable costs due to the Applicant includes construction costs less any applicable credits plus ten percent (10%) for administrative and engineering design costs as shown in attached Exhibit B. 2. The reimbursable amount shall be recalculated annually to include an amount attributable to interest, using the Engineering News Record (ENRI 20 Cities Construction Cost Index. On uncollected reimbursements, the reimbursement rates shall be calculated in January of each year beginning January 1, 1996 by the following formula: (ENR Jan. 1 of current year) 4- (initial ENR) X (Balance due Jan. 1 of prior year less payments made during the previous year) The initial ENR index for this agreement is 5506.33. The initial reimbursable amounts are listed below. RM AGT.DOC Water Main Extension 52,160.12/Acre Sanitary Sewer Main Extension 53,607.73/Acre Street Improvements for Kettleman Lane $ 12.92/Front Foot 3. In the event that the benefiting properties shown on Exhibit A develop, the City shall collect the appropriate charges from the developers of the benefiting property and reimburse the Applicant or the Applicant's heirs, successors or assigns, for a period of fifteen 0 5) years. Any charges collected beyond fifteen years shall be retained by the City. 4. The Applicant has paid the City $500.00 for the preparation of this agreement prior to approval and recording of this agreement. This fee is based on one percent 0 %) of the reimbursable construction costs, excluding engineering, administrative and other costs, with a minimum charge of $500.00. 5. Upon each collection of reimbursement charges, an administrative charge shall be deducted and retained by the City for administering the reimbursement provisions of this agreement. This charge shall be established from time to time by resolution of the City Council. As of the date of this agreement, the current charge is $60.00. 6. This agreement shaft inure to the benefit of the heirs, successors and assigns of the Applicant. The City shall malt the reimbursement to the last address of the Applicant on file with the Public Works Director of the City. in the event a reimbursement is returned or unclaimed after two (2) years from the date of mailing, the amount of the reimbursement shall revert to the City and be deposited in the appropriate development impact mitigation fee fund. 7. All correspondence and payments herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Correspondence and payments to City shall be addressed as follows: Jack L. Ronsko Public Works Director 221 West Pine Street P. 0. Box 3006 Lodi, CA 95241-1910 Correspondence and payments to Applicant shall be addressed as follows: Dayton Hudson Corporation Target Stores - Real Estate 33 S. 6th Street Minneapolis, MN 55402 RM AGf.DOC 8. This agreement is entered into pursuant to the provisions of Title 16 of the Lodi Municipal Code and the provisions of that section shag be deemed a part of this agreement. IN WITNESS WHEREOF, the Applicant and the City have caused their names to be hereunto affixed and the City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers thereunto duly authorized. APPLICANT nAYMN WnnSnN cnRpnRnTTnN dha 09/05/95 TARGET STORES Date C CITY OF LODI, A MUNICIPAL CORPORATION H. Dixon Flynn, City Manager ATTEST: Jennifer M. Perrin, City Clerk APPROVED AS TO FORM: John Luebberke, Deputy City Attorney RBAt_AGT.I= �. Date Date STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) On this 5th day of September . 1995, before me, a Notary Public within and for said County, personally appeared Bob MdVgdv , to me personally known, who, being first by me duly swam, did say that he is the Senior Vice President, Target Stores, and an authorized signatory of Dayton Hudson Corporation, a Minnesota corporation, and that the foregoing instrument was signed on behalf of said corporation by authority of its Board of Directors and Bob McMahon acknowledged said instrument to be the free act and deed of said corporation. • YPublic � �....n•.v.t-.�.•: � v� 1.'w�'�M/VR^.� � nw.�.yyyV� s s .:. U:,t:A 2. JOHNSON C �"�,: Ati CGarrSYw %s�hU.:;G. a:,:irPG •v�nw.ev�rMn.w.nw�v: rn•Jt.��nnrf.w� r 1 EXHIBIT A CITY OF LO D I LODI TOWN PLAZA PUNK WORKS DEPAiti W EEIM8URSEMENT #RA 95-04 N.T.S. 1t M d lads am i Z W - APW b � W LEGEND: o AREAS OF BENEFIT SANrTARY SEWER WATER : = STREET IMPROVEMENTS :.: SS QIMD, w. (SWE wr. P& » Reimbursement covers improvements shown on approved Drawing No's. 920125. 92D131 through 92D133. INITIAL REIMStJRSEABLL AMOUNTS (1995) WATERMAIN S2160.12/Acre SANrfARY SEWER MAIN 53607.73/Acre STREET IMPROVEMENTS $12.92/Front Foot (KE iTLEMAN LANE' REIMBURSEMENT RA# 95-04 M-\ aevserv\ iaotzrmn.awc Exh" H City of Lod Cost EsIlmsts for Publics Worlds Department Reinrbu= w-Agraement Development Lodi Town Plats (Target) Developer. Target Stores Engineer Phillippi Engineering Cost of Reimbumeable Improvements for. Lod Town Plaza Paco Item Description Quwft us Price Reimburseble Tbt ft" 1 at2 Anew "W -ROYALS Street System (Kettleman Lane) 1. 0.6' AC11.1' AB 8,350 SF $235 100 $14,92250 2. "k bgrade Preparation 6,350 SF 0.18 100 1,018.00 3UNOfal $15,938.50 10% Enalrraerinp i Admkdsftdon $1,593.85 Plan Check A krspeed, Fees $718.39 Subtoeal $18,250.74 -� Lou CKy paid credits $12,532.18 rotaf Street System, $5:,713.56 1. Sanitary Sewer System 8" Sanitary Sewer Pipe (VCP) 1,089 LF $24.00 21 0 $5,387.78 2. 8' Sanitary Sewer Pipe (DIP) 250 V 28.45 21 1,493.63 3. Sanitary Sewer Manhole 8 EA 1,550.00 21 602,4.00 4. r Stub 1 EA' 150.00 100 150.00 5. Hand Excavation 1 LS 3,905.00 21 82(.OS 8. Remove/Replace Pavement 1 LS 1,409.00 21 - 295.89 7. CatTrans Encroad nram Permit 1 LS 650.00 21 136.50 Subtotal $10.887.83 10% Engirms erg i Admirrlstradon (items 1 thru 6 only) $1,075.13 Plan Check & Ylspect)on Fees $484.59 Subtotal $12.447.54 Less City paid credits $0.00 rota) samtery SO~ system Sf2,447.34 Water System 1. 1 O" Water Pipe 745 LF 573.00 50 $8,567.50 2 10' water Vaiva 5 EA 650.00 50 1,825.00 Subko $10,19250 10% Erigiriesift i Admk&Uadon $1,019.25 Pian Creek A Inspection Fees 5459.40 Subtum $11,571.15 Less City paid credits $969.53 rota) wwar System 410,701.63 Subbofai Raimburseable Costs $28,887.73 My Fee far preparation of agreement $500.00 ( 1% of system subtotals, 5500 mraanurn ) rota) Refmbrn weble Cost $29,367.73 ft" 1 at2 Anew "W -ROYALS 11 • ice, ;.i •. ,.-tel rY�li �� •� M Cost (incl prorabd CRY Me) Quantity Fee $5.817.611 450.35 $12.92 per Front Foot 512,663.14 ! 3.51 S3,607.73 per Arne $MSN.98 ! 5.04 SZ.160.12 per Acro $29.357.73 The parosnt rebrAmusabta to bssed On flee prorated iCra g served byte public sushry sewer so M m N1NiIad wNh ft Lodi Town Phza Walm;i PpP2d2 Enrd6Dt 9 3"7M REV_RMLAS •, CITY OF LODI NOTICE OF PUBLIC HEARING Carnegie Forum Date: October 4, 1995 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, October 4, 1995 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Reimbursement Agreement #RA -95-04 for public improvements in Kettleman Lane and along the west boundary of the Lodi Town Plaza Shopping Center constructed with the Lodi Town Plaza Shopping Center All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public Hearing. By Order of the Lodi City Council: J nifer M" Perrin Clerk Dated: September 6, 1995 Approved as to form:�/ John Luebberke Deputy City Attorney JACITYCLRK%F0RMSW0TGEN.D0C 91195 G7,)IJ � <<FOR On September 7, 1995 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on September 7, 1995, at Lodi, California. Jennifer M. Perrin City Clerk decmaiVforms ITYL OF LODI CITY HA, 221 W. PINE ST. P. O. BOX 3006 LODI. CALIFORNIA 95241-1910 TARGET STORES ATTN JIM THEUSCH AIA P0BOX 1392 MINNEAPOLIS MN 55440-1392 --crr-T- - _ -- CITY HALL, 221 W PINE ST. P. 0. BOX 3006 LODI, CALIFORNIA 95241-1910 PHILLIPPI ENGINEERING INC P O BOX 6556 VACAVILLE CA 95698-6558 E & O ANAGNOS 2449 W KETTLEMAN LN LODI CA 95242 CITY COUNCIL STEPHEN J. MANN, Mayor DAVID P. WARNER Mayor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNINO JACK A. SIECLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6842 September 26, 1995 rj1k t014 H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk SUBJECT: Public Hearing to Consider Reimbursement Agreement #RA -95-04 for Public Improvements for Lodi Town Plaza Shopping Center Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 4, 1995, at 7 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak 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, Associate Civil Engineer, at (209) 333-6706. qd.4�D Jack L. Ronsko Public Works Director JLRArn Enclosure cc: City Clerk NCRALOT2.DOC City Attorney "-ITY OF LODI CITY HALL, 221 W. PINE ST. P. O. Box 3006 LODI. CALIFORNIA 95241-1910 PHILLIPPI ENGINEERING INC P O BOX 6556 VACAVILLE CA 95696-6556 E & O ANAGNOS 2449 W KETTLEMAN LN LODI CA 95242 ATTN JIM THEUSCH TARGET STORES PO BOX 1392 MINNEAPOLIS MN AIA 55440-1392