HomeMy WebLinkAbout2002-05-23 Applicant Ltr to OPH Re Application Withdrawal - JPAValley. Senior services Alliance
3220 Lake Johanna Jug
3, 2002
,A, rden Hills, Minnesota 55112
t ± L..' `(651) 631 -6156
(651) 631 /Kim Kamper, Acting City Administrator
City of Oak Park Heights
14168 North 57 Street
Oak Park Heights, MN . 55082 -2007
'Subject: Request For Withdrawal of Consideration For a Joint Powers
Agreement
Dear Kim and Kris:
Please be advised that we wish to withdraw our application for the above
named project at this time.
We appreciate the significant and meaningful input that we have received.
from City Council, City Staff, Planning Commi Park Commission, and
neighbors. We are seeking to respond to this input, revise and fine tune
plans to optimize the project and ensure that we are meeting community and
city needs for years to come. .
In spite of dedicating significant Presbyterian Homes staff and consultant
time, we do not yet have our proposal and plans in the format and at the level
necessary to fully address the issues raised.
We are continuing to refine our plans with hope of resubmitting them in the
near future. We would deeply appreciate a chance for an interactive work
session with the City Council and Planning Commission prior to our
resubmission to discuss issues and time frames necessary to ensure
appropriate implementation. We anticipate being in position to request that
session in approximately 45 days.
If you have'questibns or would like additional information, please contact me
at,651- 631 -6133.
Dan Lindh
CEO
ti
Thanks again for your consideration and understanding.
Ms. Kris Danielson
Community Development Director
City of Oak Park Heights
14168 North 57 Street
Oak Park Heights, MN 55082 -2007
MAY 2 8 ?002
... 10• a non - profit collaborative effort of Lakeview Hospital, Croixdale Residence & Apartments, and Presbyterian Homes S Services
Submitted to the Oak Park Heights City Council
May 14, 2002
City of Oak Park Heights
Report on the Valley Senior Services Alliance (VSSA) Request for Consideration for
a Joint Powers or Shared Services Agreement for McKean Square East
Authors/Contributors:
Kimberly Kamper, Acting City Administrator
Mark Vier ling, City Attorney
Scott Richards, City Planner
Dennis Postler, City Engineer
Kris Danielson, Community Development Director
Jay Johnson, Public Works Director
Background and Request
At the March 12, 2002 City Council meeting Valley Senior Services Alliance requested
the City Council to consider a joint powers or shared service agreement for services as
part of it's application for McKean Square East. The City Council honored the request
and made a motion to direct City staff, attorney, planner and engineer to write a report
giving pros and cons and the City's options on such a request.
The McKean Square East proposal is located in Baytown Township. The development
is a continuation of the Boutwells Landing project located in the City of Oak Park
Heights. McKean Square East is 21.5 acres and is proposed to include a 110 independent
living facility and nine one -plex units.
on April 9, 2002 the City received a fax from Valley Senior Services outlining specific
elements that they would like to have included in a joint powers or shared services
agreement for McKean Square East. The correspondence explained further details
related to McKean Square East, including the installation on public streets. In order to
maintain consistency between the two proposed developments in Oak Park Heights and
Baytown Township, VSSA has recognized that variances may be requested for setbacks,
etc. Park dedication fees would be paid to Baytown Township and that the parkland will
be open to the public. However, Baytown Township and the owner would maintain the
parkland. Telephone service, Internet and related would be provided through Boutwells
Landing's current system. The following is a listing of elements that VSSA would like to
pursue as part of a joint powers or shared service agreement:
1. Request that water and sewer be provided through Oak Park Heights per the Joint
Powers Agreement.
2. Police service may be requested through Oak Park Heights police department
with agreed upon compensation or the Washington County Sheriff.
3. Fire protection provided by the City of Bayport as is currently contracted by the
City of Oak Park Heights and Baytown Township.
4. 911 and emergency response to be determined by police service, either being Oak
Park Heights police department or Washington County Sheriff.
5. Building permit and the inspection process would take place through Oak Park
Heights.
Given the request for various services from the developer the City of Oak Park Heights
will need to consider if it is in the best interest of the city to enter into several contracts
for service, including water and sewer, building inspection and police.
Minnesota State Law
The City may enter into a joint powers agreement or enter into various contracts for
services. Pursuant to Minnesota State law, the City of Oak Park Heights may not regulate
the utilization or enforcement of fees on its municipal services that are extended beyond
it boundaries. Therefore, any form of regulation or enforcement would have to be by
way of a joint powers or shared agreement with the jurisdiction into which those services
would be extended. In general, a joint powers agreement must be between two
governments that share the power in common (M.S. 471.705). Other contracts for
service may be entered into between governmental units or between the city and an
individual, a business or a non - profit organization.
History
The concept of annexation is often explored when a municipally facing the decision of
whether or not to provide services outside of its boundaries. In 1999, the City of Oak
Park Heights adopted an Annexation Policy. The policy states:
"The City of Oak Park Heights will not independently petition or initiate for
annexation of property outside of the City limits. All property for annexation
must be requested by the property owner of the area in question. All costs of said
petition and annexation request must be borne by the petitioner."
Given the policy the City would not be able to annex the parcel of land unless it modifies
its policy.
In general, once a municipality has agreed to extend its services, such as utilities, outside
its boundaries there is little incentive for a property owner or a Township to discuss
annexation. In Minnesota a municipally has the option of a five year orderly annexation
by ordinance or orderly annexation. Even through the parcel of land is less than 60 acres
for the proposed McKean Square East development, Oak Park Heights could not declare
the land annexed by ordinance unless the property owner petitions for annexation. It is
staff's understanding that the current property owner is not willing to petition for
annexation or sell the land to VSSA if they intend to annex. The statute on annexation by
ordinance outlines the formula for sharing of property taxes between the Township and
the City. For orderly annexation, the Township and City can negotiate a sharing of tax
revenues over the annexation period. The Annexation Policy also addresses many of
these same issues.
Oak Park Heights does provide water and sewer service to areas outside of its boundaries.
However, these services are being provided by default not by design. The City provides
water and sewer services the Washington County Government Center and its surronding
area as well as some sharing of services in the Sunnyside area. Over the years, providing
water and sewer services to areas in the City of Stillwater has proven to be a chore for
City staff. Constant monitoring of flow and usage is required to ensure that the City is
properly billing the users. Many time residents are confused when they receive a bill
from Oak Park Heights when they reside in the City of Stillwater and vice versa.
City's Options
The City of Oak Park Heights has the option to do the following given the request for a
joint powers or shared service agreement:
1. Enter into Joint Powers Agreement or Contract for Service Agreements for all City
Services.
2. Enter into Joint Powers Agreement or Contract for Service Agreements for Selected
City Services.
3. Do not enter into Joint Powers Agreement or Contract for Service Agreements
There are several factors, both positive and negitive, that the City Council will need to
consider before entering into a joint powers or shared service agreement to provide
services outside of the Oak Park Heights municipal boundaries.
• The City has a unique opportunity of assisting V S SA with its completion of the
Boutwells Landing development. From a land use perspective that ignores jurisdictional
boundaries, the proposed site plan is favorable. The setting proposed for the independent
living facility provides a natural setting with good proximity to the Autumn Hills Park
and the main campus of the Boutwells Landing development. The trail systems, existing
wetlands and garden plaza will greatly add to the amenities of the entire project while
providing a buffer for Township residents to the east.
• The City has the potential of generating additional funds by providing and charging
for their various requested services.
O The City has the opportunity to work jointly with a different governmental
jurisdiction.
• Expansion of the City Police and Building inspection service would require additional
staff for the City of Oak Park Heights in order to meet the additional demands.
O Entering into any form of a joint powers or shared service agreements would require
the City to adopt several regulatory ordinances. The regulatory ordinances would address
water and sewer facilities, building inspections, fire suppression systems, and related
development matters by the jurisdiction in which the facilities would be proposed to be
built. However, should that jurisdiction decline to enforce the terms of the joint powers
agreement, or modify or change their ordinances patterned after the City of Oak Park
Heights so as to disable them from collecting revenues, water rates, sewer rates, etc. the
City would have no effective enforcement mechanism other than to enter into litigation
against the jurisdiction for breach or non-performance of the joint powers or shared
service agreement. In effect, this would place the City at considerable risk in the advent
of nonperformance of the neighboring jurisdiction and also, places the community at risk
in the advent that the neighboring or adjoining political subdivision, which is a township,
should ever be incorporated or annexed to another governmental unit whose governing
body may not share the same philosophies or wish to be bound by or enforce the terms
and provisions of the joint powers agreement.
O There would be a loss of revenue consisting of park dedication fees, sewer, water and
storm sewer connection fees, and the lack of tax revenue generated from the property
over which the development was made possible by the City of Oak Park Heights to the
extent that it was located beyond the city boarders. All of the access for Mckean Square
East would be from roadways within Oak park heights. Most, if not all of the services,
shopping, parks and recreation for McKean Square East residents would be provided
within or by the City of Oak park heights. The City should not agree to a joint powers or
shared services agreement whereby all of the tax benefits would go to the Township and
all of the expense of servicing the property and its residents would be borne by the City.
O In regards to the request for fire protection service, if in the future years the City of
Oak Park Heights and the proposed neighboring jurisdiction would ever cease using
common services for fire protection, the subject area could be the victim of some degree
of confusion between fire service providers in the event of an emergency or service call.
• Police functions and prosecutorial enforcement would differ between the Oak Park
Heights Police Department and the Washington County Sheriff's Department, which now
provides criminal enforcement for the unincorporated areas of Washington County
inclusive of Baytown Township. This could cause confusion for the residents.
s There would also be confusion of services changes as well as confusion could occur
at the time of elections for persons residing in the VSSA development in Baytown
Township as they would have to be directed to Baytown electoral services as opposed to
Oak Park heights services when the balance of the development would be served by and
provided with election services from the City of Oak Park Heights.
O In addition to the initial development and the future development of the site, once
water and sewer facilities were extended, they would be subject to Washington County
or the Baytown Township Building Department, who would not be familiar with or
accustomed to Oak Park Heights development issues as it affects water and sewer
capacities, fire suppression systems, etc. as the same may be impacted by future
modifications, additions or other building changes that would occur over the years.
Conclusion