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HomeMy WebLinkAbout2005-07-12 CC Meeting Packet EnclosureENCLOSURE 0 7 Oak Park Hei Re for Council Action Meetin Date Jul y 12". 2005 A Item Title: Washinpton Count Detachment and Annexation Time: 8 Minutes A Placement Old Business Ori Department/Re r Re Si -Z" Action Re dons7ideir A Citv Administrator kement with W ashingto n County and the City of Stillwater Back (Pleas indicate if an previous action has been taken or if other public bodies have advised) : Attached y ou will find an A between the Cit of Oak Park Hei the Cit of Stillwater and Washin Count that deals with the issues related to our much discussed "detachment and annexation" of certain lands surroundin the Washin Count complex. Over the last 8-10 weeks,, Mark Vierlin and I have met with both the Cit of Stillwater and Washin Count staff to find lan to hopefull resolve this issue. The attached A is a summation of this effort. Man of the ke issues have been addressed some hi are: Count responsibilit to pa for street improvements., not assessable to other parties for both Oxboro and 62 Street Count pa for movin Cit utilities and all future finish restoration should maintenance be needed; Count plows 0xboro, and the fronta road 62nd street ma not be widened to the north 20' setback from 62 nd street and 30' setback from Paris Cit is g ranted necessar easements for it utilities should these need to be relocated as a result of the STH 36 project Cit transfers the "alle back to tax forfeiture status. Please carefull review this document. Accordin the approval of the A is recommended, sub to minor amendment b the Cit Attorne office. AGREEMENT BETWEEN THE CITY OF STILLWATER, THE CITY OF OAK PARIS HEIGHTS, AND THE COUNTY OF WASHINGTON FOR DEVELOPMENT ON THE CAMPUS OF THE WASHINGTON COUNTY GOVERNMENT CENTER THIS AGREEMENT is made this day of , 2005, ( "Effective Date") between the City of Stillwater, Washington County, Minnesota ("'Stillwater"), the City of Oak Park Heights, Washington County, Minnesota ( "OPH ") and Washington County, Minnesota (the "County"), relating to the land use management of the campus of the Washington County Government Center (the "Campus ") and constitutes a joint power agreement made pursuant to Minnesota Statutes § 471.59 in order to facilitate the Joint Resolution for Concurrent Annexation - Detachment made between Stillwater and OPH as authorized by MINN. STAT. § 414.061, dated _ , a copy of which is attached for reference as Schedule "A." NOW, THEREFORE, in consideration of the premises, covenants and provisions set forth herein, the parties agree as follows: AGREEMENT SECTION ONE GENERAL PROVISIONS 1. Amendment of Agreement This Agreement may be amended fTom time to time by mutual written agreement of the original parties. SEC'T'ION TWO RIGHTS AND OBLIGATIONS OF STILLWATER I. Develo ment and Control of Develo ment. Stillwater will allow the County to develop the Campus in accordance with the terms and conditions of this Agreement and the ordinances of the City of Stillwater. 2. Permitted Uses The permitted uses of the Campus are those identified in the Stillwater Zoning District. PA-0 (Public Administration Office) as they now or in the future may exist. 3. Police and Fire Service Police and fire service, and building code enforcement will be provided to the Campus by Stillwater. 4. Stillwater will meet and confer with the County with regard to County security needs that are not met by normal levels of police protection, giving recognition to the duties and authority of the Washington County Sheriff. SECTION THREE RIGHTS AND OBLIGATIONS OF OPH 1. Traffic Control The following streets will remain within the jurisdiction and City of OPH: a. Oxboro Avenue from TH 36 right of way to 62 Street. b. Portions of 62 Street from Osgood Avenue to Paris Avenue as are now located in OPH. C. Paris Avenue from 62 Street extended to the TH 36 right of way. 2. Utility Management OPH will continue to provide municipal water and sewer service to the Campus area, subject to the following conditions: a. No OPH utility lines or services currently serving the Campus area will be removed, relocated or altered without the written consent of OPH. b. OPH will charge the County a rate for utility service consistent with commercial /institutional rates charged in the community. C. "As built" surveys will be required for any and all new improvements constructed by the County for the Campus. d. The County will conduct analysis of stormwater flows from the Campus due to planned improvements and will work with the City and Mn/DOT to determine the most practical and reasonable methods for handling additional surface water runoff. 3. OPH shall by resolution promptly transfer the alleyway legally described as: (legal description) "in-fee" to the State of Minnesota to return to "tax-forfeited" status. The County shall request this property be transferred to the County from the State to be used for parking purposes. 4. OPH shall vacate the existing alley easement legally described as: �_2. (legal description) S. OPH and Stillwater shall by Joint Resolution allow for, authorize and support the detachment of all the existing County owned properties, including the alley, to allow annexation of these properties into the City of Stillwater. 6. OPH and Stillwater agree to allow the future detachment from OPH and annexation to Stillwater of three parcels of land as may be acquired by the County without the use of eminent domain proceedings those properties being presently identified as parcels numbered 3403020330105; 3403020330106; and 3403020330114. SECTION FOUR COUNTY RIGHTS AND OBLIGATIONS 1. Traffic Management. The County will not construct additional internal roadways (i.e. those not currently present) within the Campus of the Government Center until after the County conducts neighborhood public meetings with adjacent property owners. The meetings shall display final layouts and proposals of future and proposed land use changes and improvements. The meeting shall be prior to the filing of any application with the City of Stillwater to obtain approval for same and be held at least 120 days in advance of any construction. The County shall include a written notice of such meetings to OPH. a. No new roadways, drives or parking facilities will be constructed that do not provide at least a 20 foot buffer from the Washington County property lines along the North from Panama to Paris Avenue b. No new roadways, drives or parking facilities will be constructed that do not provide at least a 30 foot buffer from the Washington County property lines along the East (along Paris Avenue). C. Suitable landscaping and vegetation must be provided to reduce and mitigate traffic and site impacts for adjacent property owners. d. All traffic signage and control devices needed to serve traffic generated by the Campus activities will be placed at the expense of the County, including but not limited to, traffic control devices at 62' Street/Oxboro Avenue and Osgood /e Street, including intersection improvements if needed and pedestrian sidewalk crossing areas. 2. Utility Management a. The County will continue to use existing City utilities and easements within the Campus in which municipal utilities are located unless the affected City and the County agree to another use or location. __3 b. Since surface improvements may be constructed by the County over existing utilities, the County will bear the cost of replacing any improvements that must be disrupted if an underlying utility is moved, repaired or replaced. c. OPH approyal is required for any improvement affecting OPH utilities or the surface over a utility. 3. The County shall pay that portion of any improvement to 62nd Street and Oxboro Ave that are shown by appraisal not to add benefit to adjoining private properties and/or not assessable under later by the local government unit. The County and Cities affected shall have an agreement as to the project elements to be constructed before any such project proceeds. The affected City(ies) and County shall jointly select an appraiser for the purposes of conducting all such appraisals on benefit and the cost thereof shall be equally divided between them. with the consent of the affected City the County may choose to implement improvements to street surfaces at its own cost and expense. 4. The County shall assume the responsibility for snowplowing Oxboro Avenue from 62 Street to the TH 36 frontage road. S. The County will accept full jurisdictional responsibility and bear unreimbursed state costs of any needed reconstruction and maintenance of the TH 36 frontage road located south of the Campus from Oxboro Avenue to Panama Avenue. 6. The County shall grant the necessary and reasonable easements as required by the OPH engineer for city utilities that may be relocated on County property as a result of planned parking lot expansion and vacation of NIN /DOT right of way for TH 36. 7. The County will pay for utility line relocation approved by the affected City and necessary to accommodate an expanded parking area in the southwest corner of the Campus and once installed, the County will pay for all finish site restoration work should such utility lines need service or replacement, including necessary asphalt, concrete, curb and gutter, or landscaping. If any TH 36 improvements require the utility easements to be eliminated, the County shall grant the necessary and reasonable easements to OPH across other County property at no charge to OPH. 8. In the northeast Campus area in the vicinity of Paris Avenue and 62 Street, OPH will only consider these options if the County owns all properties south of 62nd Street between Panama Avenue and Paris Avenue and west of Paris Avenue from 62 Street to Highway 36. a. The setback for all future structures and equipment shall be not less than 30 feet from the property lines abutting Paris Avenue and not less than 20 feet from the property lines abutting 62 Street. b. All lighting structures shall fully comply with CPH's lighting standards. l A -- C. The County may widen 62nd Street between Panama Avenue and Paris Avenue at its expense, however, should the County in the process of widening the street add elements to the project that add value to adjacent property such as new curb and/or water services for those property owners, those elements shall be assessed by the City of Oak Park Heights against those property owners to the extent that benefit is demonstrated. 62nd Street may not be enlarged or widened northward. All expansion of roadway width shall be to the south. The County shall design and reconstruct this portion of 62nd Street, including curbing and appropriate storm water infrastructure, according to standards reasonably set by the OPH engineer. d. Paris Avenue will not be widened or enlarged south of 62 Street and there shall be no ingress to the County facilities from Paris Avenue. The currently unpaved roadway may be paved and shall only be utilized as a secondary access for police and emergency vehicles. If the County installs a full ingress and egress from Paris Avenue, the County shall provide the funding for the design and reconditioning, according to the standards of OPH engineer, of Paris Avenue from 62 Street to the point of ingress and egress, including the installation/replacement of curbing and appropriate storm water infrastructure. SECTION FIVE GENERAL I . Each party hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of the citizens of each party. 2. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this .Agreement shall continue in full force and effect. 3. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. SECTION SIX NOTICES Any notice or communication required hereunder must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. Such notice or communication shall be given to the parties or their successors at their addresses set forth below: _5; If to the County: James Schug, County Administrator Washington County Government Center 14949 62 Street No. P.D. ]Box 6 Stillwater, MN 55052 If to OPH: Eric Johnson, City Administrator Office of City Clerk Oak Park Heights City Hall P.D. Box 2407 Oak Parr Heights, MN 55082 If to Stillwater: Larry D. Hansen, City Administrator Stillwater City Hall 216 North Fourth Street Stillwater, MN 55083 SECTION SEVEN COUNTERPARTS This Agreement is executed in three (3) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of pages and exhibits, which constitute the entire understanding and agreement of the parties. The exhibits are identified as follows: IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first hereinabove written. CITY OF OAS. PARK HEIGH'T`S CITY OF STILLWATER By - David Beaudet, Mayor By Eric Johnson, City Administrator Dated: Approved as to form: Assistant Washington County Attorney By Jay A. Kimble, Mayor By Larry D. Hansen, City Administrator Dated: WASHINGTON COUNTY, a Minnesota county corporation By Lyra Peterson, Chair Washington County Board of Commissioners By James R. Schug, Administrator Dated: