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Request for Council Action

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Request for Council Action REQUEST FOR COUNCIL ACTION Date: December 2, 2019 Item No.: 9.h Department Approval City Manager Approval Item Description: Approve 621 Larpenteur Encroachment Agreement and Public Improvement Contract 1 BACKGROUND 2 The Developer for Como Park Animal Hospital at 621 Larpenteur Avenue (NE corner of Dale and 3 Larpenteur), Daisy Properties II, LLC, has worked with the City to develop a Public Improvement 4 Contact (Attachment A) for the infrastructure that is needed to serve the animal hospital. The new 5 public infrastructure includes the relocation and replacement of the sidewalk along Larpenteur 6 Avenue and the installation of sidewalk along Dale Street and Alta Vista Drive. Ramsey County 7 required the construction of a turn lane on Larpenteur Avenue which requires the sidewalk to be 8 reconstructed. The new turn lane will be covered under a Ramsey County permit agreement. 9 Additional right of way for the turn lane and the sidewalk will be dedicated to the County. 10 In addition to the Public Improvement Contract, a portion of the parking lot encroaches onto a city 11 easement in the northwest corner of the property. An encroachment agreement (Attachment C) was 12 drafted to document the encroachment. This agreement makes the developer responsible for all 13 costs of the encroached parking lot, should the City need to have to replace utilities in the easement. 14 An additional encroachment permit/agreement will be approved by St Paul Regional Water System 15 (SPRWS) for the parking lot encroachment into the Alta Vista right of way which is owned by 16 SPRWS. The City will not issue building permits for the site until this permit/agreement has been 17 approved. 18 DISCUSSION 19 In order to serve the site redevelopment for the animal hospital, the following public improvements 20 need to be made. The detail of such improvements are specified in the Public Improvement Contract 21 (Attachment A) and shown in the plans (Attachment B) and are summarized as follows: 22 a. Installation of a new concrete sidewalk along the north side of Larpenteur Avenue and 23 along the west side of Dale Street and Alta Vista Drive. 24 All work would be done through the developer’s contractor. All costs for the improvements would 25 be paid by the developer. The estimated cost of construction of the public infrastructure is $25,000. 26 The developer will provide a financial security in the amount of 125% of the estimated cost of 27 construction ($31,250) in the event the developer fails to perform. 28 The City would provide oversite of the construction. The Developer will pay the City $1,000.00 for 29 these inspection services. 30 The public improvements are planned to be completed by October 1, 2020. Page 1 of 2 31 The attached public improvement contract and encroachment agreement have been reviewed by the 32 City Attorney. 33 FINANCIAL IMPLICATIONS 34 The estimated cost of these improvements is approximately $25,000. 35 The contract, as presented, has the developer paying for all the costs of the improvement including 36 design, inspection, construction and city staff time related to the improvement. The Developer will 37 pay the City $1,000.00 to cover staff time overseeing the project. 38 STAFF RECOMMENDATION 39 Staff recommends that the City Council approve the 621 Larpenteur Public Improvement Contract 40 and 621 Larpenteur Encroachment Agreement. 41 REQUESTED COUNCIL ACTION 42 Motion to approve the 621 Larpenteur Public Improvement Contract 43 Motion to approve the 621 Larpenteur Encroachment Agreement Prepared by: Jesse Freihammer, City Engineer/Assistant Public Works Director Attachments: A: Public Improvement Contract B: Proposed Improvement Site Plan C: Encroachment Agreement Page 2 of 2 Attachment A PUBLIC IMPROVEMENT CONTRACT THIS PUBLIC IMPROVEMENT CONTRACT (“Agreement”) dated ___________, 20__, is entered into between the City of Roseville, a Minnesota municipal corporation, whose address is 2660 Civic Center Drive, Roseville, Minnesota 55113 (“the City”), and Daisy Properties Limited II, LLC, a Minnesota limited liability company, whose address is 1014 Dale Street North, Saint Paul, Minnesota 55117 (the “Grantor”). W I T N E S S E T H: A. The Grantor is the owner of that certain real estate located in Ramsey County, Minnesota, legally described as set forth in Exhibit A attached hereto and hereby made a part hereof (the “Property”). B. The Grantor is constructing and installing certain public improvements on the Property and in the right-of-way adjacent to the Property, including sidewalks, curb cuts, and related improvements (collectively, the “Public Improvements”), the location of which improvements is within the Larpenteur Avenue West, Dale Street, and Alta Vista Drive public right-of-way, as shown on those certain plans attached hereto as Exhibit B and hereby made a part hereof (the “Improvement Plans”). All of the foregoing items are collectively referred to herein as the “City Maintained Improvements”. C. The Grantor is also constructing and installing certain private improvements on the Property and in the right-of-way adjacent to the Property, including paving and parking lot improvements, shrubs, grasses and other plantings and vegetation, as shown on the Improvement Plans. All of the foregoing items are collectively referred to herein as the “Private Improvements”. D. The Grantor and City desire to enter into this Agreement for the purpose of clarifying their respective obligations with respect to the maintenance of the City Maintained Improvements and Private Improvements, as well as to grant easements necessary to provide sufficient access to such City Maintained Improvements for the purpose of performing such maintenance. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Public Improvements. The Grantor shall, subject to the terms and conditions contained herein, perform the following work and construct the Public Improvements in compliance with the Improvement Plans and all rules, regulations, standards and ordinances of the City: a. Site Grading and Turf Restoration. The Grantor shall grade the Property in accordance with the City-approved Grading, Drainage and Erosion Control Plan. Site grading improvements shall include common excavation, subgrade correction, 1 Attachment A embankment and pond excavation. Turf restoration shall include seeding, mulching, and erosion control. b. Pathways and Sidewalks. The Grantor shall construct the public sidewalk in compliance with the attached Improvement Plans. The Grantor will replace or repair any damage or destruction done to improvements located in the boulevard and right-of-ways. c. Erosion Control. Prior any grading and before any utility construction is commenced or building permits are issued, the erosion control plan must be implemented, inspected and approved by the City. 2. City Maintenance and Repairs. Following completion by the Grantor and City acceptance of the City Maintained Improvements, the City shall maintain, repair and, when necessary, replace the City Maintained Improvements which are located within public easements on and adjacent to the Property. The City shall maintain such City Maintained Improvements in a condition deemed adequate and appropriate by the City. All repairs and replacement of such City Maintained Improvements shall be done in a manner and at such times as the City deems necessary and appropriate. All of the foregoing shall be collectively referred to herein as the “City Maintenance.” 3. Grantor Maintenance and Repairs. The Grantor shall maintain, repair and, when necessary, replace the Private Improvements that are located on or within public easements on and adjacent to the Property. The Private Improvements that are located on or within public easements on and adjacent to the Property shall be maintained at all times by the Grantor in a safe, clean and attractive condition. The maintenance shall include, but not be limited to, the cutting and grooming of all grass areas; the use of appropriate weed control measures; the removal of litter; the pruning and maintenance of all shrubs, trees and other plantings; and the grooming and maintenance of the ground cover and other vegetation within the Property. The foregoing obligations shall be in addition to any requirements imposed by City Code. In the event that the Grantor fails to adequately maintain, repair and when necessary replace the Private Improvements that are located on or within public easements on and adjacent to the Property, the City shall have the right, but not the obligation, after providing ten (10) business days prior written notice to the Grantor, to perform such maintenance, repair and replacement, and charge the cost thereof to the Grantor. Payment of such cost shall be made within thirty (30) days after the Grantor has been notified by the City of the amount of such cost. If full payment is not made within such 30 day period the City shall have all rights available at law and in equity to collect such cost, as well as the right to assess the cost against the Property pursuant to Minn. Stat. § 429.101. Interest shall accrue on any costs not paid within said 30 day period at a rate of 6% or the maximum allowed by law, whichever is less. In the event the Grantor fails to adequately maintain, repair and when necessary replace the Private Improvements that are located on or within public easements, the City shall have the further right to remove the Private Improvements from the Property and plant such landscaping as the City deems appropriate, whereupon the City, rather than the Grantor, shall thereafter be responsible for the maintenance, repair and when necessary replacement of any such landscaping that is located on or within public easements. 2 Attachment A 4. Changes to Private Improvements. Any deviations to the Improvement Plans, and any changes to the Private Improvements located within public easements on and adjacent to the Property once installed, shall require prior approval by the City.
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