Loading...
HomeMy WebLinkAbout2002-04-09 Applicant Ltr to OPH Re JPA ConsiderationsPRESBYTERIAN HOMES & SERVICES Senior coninzunities designed with the hand of experience, a heart for excellence and an eye to the fitture. P • • R •••••• -.••• • - . • • • •• o m April 9, 2002 Ms. Kim Kamper, Acting City Administrator City of Oak Park Heights 14168 North 57 Street Oak Park Heights, MN 55082-2007 Ms. Kris Danielson Community Development Director City of Oak Park Heights 14168 North 57 Street Oak Park Heights, MN 55082-2007 Subject: Request For Consideration For a Joint Powers Agreement Dear Kim and Kris: Preliminary approval for the Joint Powers Agreement has been granted by the Baytown Township. The matter has been submitted to Washington County for an amendment to the Comprehensive plan. In follow-up to our previous discussion, we request consideration of the following elements to be included in the Joint Powers Agreement for McKean Square East. 1. Based on city council input, we are recommending public streets but may request a variance on set backs and distance between units, to maintain consistency with possible variance requests for McKean Square West. 2. Request that water and sewer be provided through Oak Park Heights per the Joint Powers Agreement. 3. Police service may be requested through Oak Park Heights police department with agreed upon compensation or the Washington County Sheriff. 4. Fire protection provided by the City of Bayport as is currently contracted by the City of Oak Park Heights and Baytown Township. 5. 911 and emergency response to be determined by police service, either being Oak Park Heights police department or Washington County Sheriff. 6. Park dedication fees would be paid to Baytown Township. Access to the park will be provided to Oak Park Heights and Baytown Township residents. Baytown Township and the owner would maintain the park. 7. Telephone service, Internet and related would be provided through Boutwells Landing's current system. Management 6- Services 3220 Lake Johanna Boulevard, Arden Hills, MN 55112 Phone (651) 631-6100 Fax (651) 631-6108 Joint Powerb 'Agreement April 9, 2002 Page2of2 8. Building permit and the inspection process would take place through Oak Park Heights. We are intending this as a preliminary summary to facilitate further discussion and would welcome an opportunity to discuss this in more detail. If you have questions or need additional information, please contact me at 651 - 631 -6133. Sincerely, Dan Lindh CEO /President 11. Issue final PUD permit. CHECKLIST FOR OAK PARK HEIGHTS TO PROVIDE MUNICIPAL SEWER AND WATER SERVICE TO 100+ UNIT HIGH RISE HOUSING DEVELOPMENT (AS AN ALTERNATIVE TO A WELL & SEPTIC SYSTEM) 1. Concept approval from Oak Park Heights. 2. Amend Comp plans of Baytown Township and Washington County. 3. Metro Council approval of extension of Metropolitan Urban Services Line (MUSA) to serve area of town with urban services. Can be done simultaneously with Comp plan amendment. 4. Amend zoning ordinance of Baytown Township and Washington County to allow urban density use, as a PUD. 5. Obtain PUD concept approval from Baytown and Washington County. 6. Obtain Density Agreement Washington County, Land owner and Township. T Preparation of EAW if required (note — mandatory for 100 unattached or 150 attached units in sewered unincorporated area. Minn. Rules 4410.4300). 8. Negotiate Conservation Easement with Minnesota Land Trust restricting use of open space, but permitting owner to farm, grow trees, pasture, and raise livestock with appropriate buildings. 9. Finalize Joint Powers Agreement with Oak Park Heights. 10. Development Agreement providing for Developer to build Municipal Services from connection point in Oak Park to the Development site; build out of private improvements with security to insure performance. JOINT POWERS AGREEMENT This Agreement made and entered into this day of , 2002, by and between the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, (hereinafter referred to as "Oak Park ") and the TOWN OF BAYTOWN, Washington County, Minnesota, (hereinafter referred to as "Baytown "). RECITALS Oak Park has agreed to extend municipal water and sewer service mains and laterals to property located within Baytown ( "Municipal Services ") to a development owned by Presbyterian Homes (the "Development "). The parties desire to enter into a cooperative agreement to provide for the construction of the Municipal Services and provide for reasonable compensation to Oak Park in compliance with the rules and regulations of Oak Park. The parties also desire to implement a procedure whereby the communities can respectively coordinate connections to the Municipal Services and spread and collect charges for Municipal Services and system repair in a manner which preserves that their respective interests. NOW, THEREFORE, the parties agree as follows: 1. Construction. The Municipal Services for the Development will be financed and constructed by the owners of the Development. Oak Park must review and approve the design of this system and the plans and specifications therefore before construction begins. 2. Dedication. After the system is constructed and as to each phase accepted by Baytown the Municipal Services with Baytown will become the property of Baytown and remain the property of Baytown. 3. Interface. The connection between the Oak Park Systems and the Baytown Systems will be made according to the approved plans and specifications. 4. Connection. Prior to connecting any residential or other property located in the Development in Baytown, Baytown or its designee must notify the Public Works Director of Oak Park and the billing offices of the Oak Park City Clerk of the pending connection providing all relevant data and information as may be requested. Additionally, the Public Works Department of Oak Park must be provided the opportunity to supervise and inspect the connection by any property. Prior to connection to the Municipal Services or sewer services, all properties must 1 pay a connection fee of $ to Oak Park. The payments must be made directly to the offices of the Oak Park City Clerk. 5. Repair, Maintenance and Upkeep. The Municipal Services, including mains and laterals within Baytown, will be repaired or maintained by Oak Park. Charges for repair, maintenance and upkeep will be spread against Baytown users on the same basis and as applied with regard to Oak Park users and billed according to Section 7. 6. Compliance with the Water System Ordinance of Oak Park Heights and the Regulations of Public Works Department of Oak Park Heights. All properties served by the Oak Park Municipal Services located in the Development must conform to the rules and regulations adopted for use by Oak park for citizens of Oak Park. 7. Billing. Oak Park will bill each property owner quarterly for sewer and water usage charges and other charges. The amounts of all billings will be made pursuant to existing regulations as established for all Oak Park residents and may be adjusted from time to time to comply with all adjustments on water rates otherwise charged Oak Park residents, plus, in all events, an additional 1 O% service charge. In the event of any delinquency occurring in the payment of a bill, from any properties served by the Municipal Services in the Development, upon Baytown, u on notice of receipt of delinquency from Oak Park, will by or before September 15th y of each year, certify for collection to Washington County with the County taxes, for the following year in the manner provided by statute. Upon remission of any payments to Baytown, by Washington County, the same must then be promptly paid to Oak Park. 8. Lmprovernnts Improvements will be conducted by the parties pursuant to Minn. Stat. §429, et seq. If required, Baytown will hold improvement hearings, assessment hearings and spread the cost as an assessment against benefited property within Baytown as provided by law. If assessments are collected by Baytown for obligations issued by Oak Park for the costs of the improvements, the funds must then be promptly paid to Oak Park. 9. Amendments and Modifications. This Agreement can only be amended or modified by writing signed by the parties. 10. Cooperation Oak Park and Baytown will cooperate in the enforcement and implementation of this agreement. To the extent that any additional agreements, notices, resolutions or other commitments are required to be issued by either community to the State of Minnesota, the County of Washington or any other regulatory agency, both communities will cooperate and issue any documents in a prompt manner. 2 11. Non - Delegation. This Agreement is made by the parties and neither may delegate any duty or responsibility arising under this Agreement without the written consent of the other community. IN WITNESS WHEREOF, the parties have set forth their hands and seals this day first written above. OAK PARK HEIGHTS TOWN OF BAYTOWN Mayor Chairman, Board of Supervisors City Clerk Town Clerk 3