HomeMy WebLinkAbout2002-05-28 CC Meeting Packet EnclosureMeeting Date _May 28, 2002,
Agenda Item Title McKean Square East/Request for Shared Servicrisk
Time Required 10 Min.
Agenda Placement Old Business
Originating Department/Requestor
Requester's Signature
Oak Park Heights
Request for Council Action
Administration Kimberl Kam er
Action Requested Receive Information and Take A• •
riate Action
; L URE
COPY
Background/ Justification (Please indicate any previous action, financial implications
including budget information and recommendations).
This item was presented to the City Council at its May 14th City Council meeting.
The City Council passed a motion to table the item to the May 28, 2002 City Council
meeting.
S: \SHARED \Forms \COUNCIL ACTION REQUEST.doc
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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
Submitted to the Oak Park Heights City Council
May 14, 2002
Authors/Contributors:
Kimberly Kamper, Acting City Administrator
Mark Vier ling, City Attorney
Scott Richards, City Planner
Dennis Post ler, 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
that the City Council consider a joint powers or shared services agreement for services as
part application of it' l.ication for McKean Square East. The City Council made a motion to
direct City staff, attorney, planner and engineer to prepare a report providing pros and
cons and the City's options on such a request. (Attachment 1)
The proposed McKean Square East project is located in Baytown Township. The
development is proposed as 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 unit independent living facility and nine one -plea 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 (Attachment 2). The correspondence explained
further details related to McKean Square East, including the installation of 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 the
parkland would be open to the public with Baytown Township and the owner providing
the maintenance of the parkland. . Telephone, Internet and related services 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
A 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 development needs require the
decision of whether or not to provide services. 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 this policy the City would not annex the parcel of land unless the property owner
requests or unless the policy is modified.
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 or agree
to annexation. In Minnesota communities may negotiate for an orderly annexation
agreement or annexing a property by ordinance. As 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 staffs 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 provides limited 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 to the Washington County Government Center
and its surrounding 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 times residents are confused when they
receive a bill 1 C 'ark Heights when they reside i .e ( 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 a Joint Powers Agreement or Contract for Service Agreements for all City
Services.
2. Enter into a 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 negative, that the City Council will need to
consider before entering into a joint powers or shared services agreement to provide
services outside of the Oak Park Heights municipal boundaries:
• The City has a unique opportunity in assisting V.S.S.A. with the completion of its
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 add to the amenities of the entire project while providing
a buffer for Township residents to the east.
• The City has limited potential of generating additional funds by providing and
charging for their various requested services.
• The City has the opportunity to work jointly with a governmental jurisdiction
(Baytown Township).
• Expansion of the City Police and Building Inspection services may require additional
staff for the City of Oak Park Heights in order to meet the additional service demands.
• The Township would be required to adopt several regulatory ordinances as a result of
entering into any form of a joint powers or shared services agreement. 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 non-performance of the neighboring
jurisdiction and also, tact- he community at risk in the adve... that ie 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.
. There would be a potential 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 borders. All of the access for
Mclean 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.
. With regard 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.
• There would also be confusion of service 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.
• 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
It appears to staff that there is no regional planning, local land use planning, engineering,
public safety, or economic reason of benefit to the taxpayers of the City of Oak Park
Heights that would support or justify the request that this city extend its municipal
services beyond its border. The individual desires of a current landowner to have his land
remain in a pa xla litical jurisdiction are certainly :xi pion of his desires but
the same has no bearing in an analysis of a long term policy decision that would have the
significant negative impact to the taxpayers of this community for generations to come.
This city's short and long - term interest is primarily in providing municipal services
efficiently and directly to the citizens and taxpayers who have built and maintain its
infrastructures and to whom the city staff and council are directly responsible.
Additionally there appears a significant opportunity for differences and confusion in the
provision of any services beyond city boundaries that would compromise existing
administrative processes within the city and further impair or limit the time and resources
necessary to serve existing residents of Oak Park Heights.
ATTACHMENT 1
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• •: - • -: ° . ' ' ' Honorable Ma or, David Seaudet • + ' • � ',: : : : • •■ .• • '• ' ' 4 •
' • • ''' Qoun•cii Members of The City of Oak F? rk .Heights '••• . •
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• • • • 1lal e ■ • Senior' Sere cos AI'�ianc SSA is re • u st`in . conside'r ti n of a` "' • •
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• • Joint` Poviers_or•Shared •Services A reemen�t for' as art •of it?.. ' • ,
Y ■ . t ' ` + app11cati9rt ►for,,Mokean Square East.• • ,• • • s i , r . • -' % • • • , ` • . • , , L f•,` ✓ • •. •
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As you khow,. VSSA' . i s •part'Qf five s eparate•applica'tions designed ta • .
address 4i)d fLJlf ll sQme of #1 the objectives saiutiin by the' city of Oak Prk
• ` ' , '' ei lath on `Card located• to the north'} and twe1is Landin , :r +`
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' , ' app�)'icationq are scheduled '�ta woi k their iay the city' pirocesses .." ,; . • •�
over th ■ several'weeks. one o`f the key elements of this development ., ; '
.• , • + d : . • • , 15`'McKean •Scivare: a'st■ •••• ■ ' • ' • , • •., , •+ : , t i • , , ,Y r : ` ' w • ■ • r i iV • �• , f • i a
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• . ■ : McKean Squ re •E is a 20- .c • site located in Baytown n Tavvrishi but ,, • ` ' d
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. ' immediately :ontigtrotis with' Boutwells'Laridin0,bordered o 'the •e ,and'' •' '
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' y i ., iricl'uded tri,':thi &opment independent living, town .homes, and a r�
. .. .., 1 • , . , . iarge park.area, which wquld •be designed' a a �learning•center: ' .,
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t • • ' ' This center would- include, plantings indigenous to this area prior• to F . %,
'' .. '• ' develo meat includin' things .like' rairie bras, tree rou. tnj etc. along - .
with ,explanatians`nd fv alking ,tr'ailslhat Oak Park Heights .residents can • 4
. . . . 'e `o ..1 One of the outcomes of deve10 p n McKean §c1.644re East • is r • •;.• ° •. •
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• , . • = additional 5 a 'connectedl by trails to `the current oak Park Heigh' s t , '
• ; ' i s stem and eventuall ,. h leadin info the hi •school environmental learni ng ,. '
' i center, V has an.option to acquire this ndbut one of the conditions is . ••
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it is in ortanttht'w receive'sort inlidati of ear ors ebtive;o a. Joint
Powers or shared Services Agreembrit as it significantly [nflCiencesthe F •
■.•balance• of the development that has bedn•.subffiitted for your con ,
We understa't,id thatther•e are other similaar situations in ef6ct:in o�al Park
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-' `• I- ei .h s h r seryic s ■are sh'a ec hetween •dift'er.ent munici ai tibs. ■ We r •,.. - • 1 • a ` kind, ■ wo ai; •like your ,consideration•to have a�•similar agreement at • '.: , • • 1
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. a = , :: .:. t he idea- has'been introduced to them aid' applic have also ben • ' • .
■. . s ubnniltted fortheit consideration We are . hopeful that a "re uest•for a Joint
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• .r ' . ■, Township as part o their reviei ' access, We antici • ate'that this r will:
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The Northwest Quarter of the Northwest QuIrter ofthe Southeast Quarter or Section 5,
?Fort Ruse 2Q West, WEshingor Cow, Minnesota.
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thence North 06 desrea 38 r/tuuG$ 24 secant:14 East 125.06 feet; the:floeNorth 31
slesreits O rtanuitta 0,S smorid3,Etst 222.76 raft to the iwth line of saki Southwest
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ATTACHMENT 2
' To: Kris Danielson
i"FAX 651439 -0574
' pF1Q1'1i' 65 1 439 -4439
Joint Powers Agreerx'et
CC:
Innovations in
Senior living Communities
it
SENT i L JSThG
PARTNERS
2845 North Ha3xtline.Ave. Suite 100
Roseville, MN 55113
Phone (651) 631 -6300
Fax, (6511631-6301
F•
FROM: Ken to b ge
AGES: 7
DATE: 4/9/2002.. •
'WI.,. 1'1\\
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April 9. 2Q02
Ms, Kim Marti per, Acting City Administrator
city or Cask Pw'k I Ic'ights
14108 North 5711' Street
Oak Park I loi8hts, N 55082-2007
Ms. Kris Danielson
Community iunity 1.Development Director
City of' Oak Park l I ei ghts
14168 North 57' Street
Oak Park } Ici0ats, vU 5502-2007
Subject: R uest For Consideration For a Joint Powers Agreement
Mar Kim and Kris: .
P F• {}' i {'{ na y upproval for the J o i n t Powers Agreement has bum grants.. by the
‘\ to TOwilShi ), The mutter has been submitted to Wasbin,gton County for
u11 amendment to the comprehensive plaza. In follow-up to our prcv'k us
discussion, we request consideration or' the foL1owng etcmcnts to he included in
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the Joint Powers Ao regiment for McKean Square East.
Based on city council input, we are recommending public stye :ts but may
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request est at Variance on set backs and distance between units, to maintain
consistency with possible variance requests for McKean quail West,
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? Re uot that water and sewer be provided through Oak Park } .. fights per
thQ° Joint Powers Agreement.
3: Police service may be requested through Oak Park Heights po..ce
department with a rcc
d upon compensation or the Washingto i County
I
Sheri I' #.
4, Fire i�t t 1
■ c. � �o ect ;on provided by the ('iy or Bayport as is currently t;ontracttd
by the City croak Park } icights and Baytown Township:
5. 911 and emergency enc tes onst lo he determines' by police servi'.c, either
being Oak Park Heights police; department or Washington Co tnty
Sheri it
.
Park dedication 1Ues would be paid to Baytown Township, A :cess to the
l�titrpark t # ! wtII be provided to Oak Park Heights and Baytown Tow 'ship
cri s, la owl Township and the owner would maintain the park,
7. residents, � yt p
Telephonic ;ervicc9 Internet and related would he provided thr:,ugh
out \\ ells Landing's current system.
1,;.+ I :t., Hitik tono.1I I 1 • 1 1
r� tt►it�• .0 C' ri I NCI LI\ r[rti l . ( i ( (t I
.vtnt PI—era Aereement
April9 i2
'Page 2 w i 2
8. Building ermit and the inspection process would take place Hugh r
Oak lark k eights
r We this as preliminary to facilitate Sher discussion
are intending � � �
would welcome an unity to dii5 this in more detail.
and ��
If you have questions or need additional formation, please contact me at 651
631 -6133
S:incerely,
Dan Lindh
r ,
: CEO/President
f.Ea awn Township and Washington County to allow ifrban
�. Amend n�n� ordinance � yt p
ilqnsity.use, as'a PUP,
5. Obtain PUD concept D a roval from Baytown and Washington County.
p pp
6. obtain Dansity,A9r �
eerhent Washington County, Land owner and Township. ..
Preparai required (riote -� mandatary for 100 unattached or 150 attahed units
�on of �1�v �f re�ur
-in sewered uninoor gated area Minn. Rules 4410.4300). p
� i' se ation Easement with Minnesota Land Trust restricting use of open
�, N.�.gat�ate ion ry and raise livestock with
ace but permitting owner to farm, grow trees, pasture, space, p
appl apriate t )d r n9V ;
•
' i realize Joint Powers Agreement with Oak Park 'Heig .
10, REiVelopment Agrperrient, p � rovidin for Developer to build Municipal Services from
• r � �i � f raysrn iel ��
.Oak Park to the Development site; build out of private p
connection point ��' .
'with security to insure performance.
. 11 Issue final PUD p nnit.
C nce t approval from Qak Park Heights.
2. A (� C ai p plans ■
lans of Baytown Township and Washington County.
�en3r1
,
r e' sion of Metro olitan Urban Services Line (MUSAYto serve
3` . Metro Council approval of ext n P
entices. Can be done simultaneously
area of town with urban s with Comp plan
i
. arnendrnent.
• oRECKLIST FOR OAK PARK HEIGHT .4 TO r'ROVIDE
i MUNI IPAL SEWER AND WATER SERVICE
TO 100+ UNIT HIGH RISE HOUSING DEVELOPMENT
(AS i AN ALTERNATIVE TO A WELL a SEPTIC SYSTEM)
. JOINT POWERS AGREEMENT
Agreement made and entered into this ,.... day of - 2002, by and e:tween
the CIT OF OAK PARK HEIGHTS, �
GHTS Washington County, Minnesota, (hereinafter referi'od to as
'Oak Park)
d and the TOWN OF BAYTOWN, Washington county, Minnesota, (hereinafl;er
referred to as °Baytown ").
RECITALS
,yak Park has agreed to, extend municipal water and sewer service mains and laterals to
p roperty located within Baytown Services'} to a development owned by Presbyterian
n yt own
Homes : Pe "Development").,
' e to enter into a cooperative agreement to provide for the construction
The parties des�r p
■ 4
of the Municipal servic e provide • and for reasonable compensation to oak Park in confliance
s
with th6 rules and regulations of Oak Park,
The p arties also desire to implement a procedure whereby the communities can
respe�veiy coordinate '` i to connections to the Municipal Services and spread and collect charges
° ■ s s ern repair in a manner which preserves that their respec ive
for Municipal Services and y t p , e
intere A
is ■
,N W, THEREFORE, thei parties agree as follows:
p The services for the Development will be finance d and
constructed . by the .own e rs p of the Development. Oak PEirk must review and approve the design
of this system an d the p p lans specifications therefore before construction begins.
2, QdCaij2fl After the system is constructed and as to each phase accepted by
�
Baytown Baytown will become the property of Baytown and.remain
o�rn the �un�c�k` pai s�r��� with Ba Yt
the property of Baytown,
The conection between the Oak Park Systems and the Baytown
Systems' will wI be made accordin g to ,the approved plans and specifications.
,4. ion Pro r , g an
' to connecting residential or other property located it the
#�o�, Y
D'evela pment in Baytown, Bayt ow n g or its designee must notify the Public Works Director of Oak
e Park city C lerk of the pending connection Park aid the b�ll�ng• o�'�ces, of the Oak y provI ling all
relevant dat
' a and t i nfprmation s may a be requested. Additionally, the Public Works Department
g
• � to supervise and Inspect cor�nection`�by any
of oak Park must be provided the opportunity p
`
la roperty. Prior to connection to the Municipal al Services or sewer services, all properties must
• The payments must b� made directly �o the
connection fee of $ to Oak Park. Th y
pay a Donn ,
offices pf the Oak Park City clerk.
•
a. Re ir Maint name an k e The Municipal Services,' including mains and
. � � i Oak �ark� Charges for repai��,
Baytown, will be repaired or maintained by Oa
laterals' within �3ayt �
spread against Baytown as
. once and upkeep will be spr g Yt awn users on th�'sarn� basis an
rna�nt�e�� �
a pp lied; with regard to Oak
Park users and billed according to Section 7. •
� Park ire; •. hts �n� h
. h he Water stem or .1 nonce of ak r
�.
Coast �� nee with
r
• of P blic Wor De artment of 0 - k Park I-Ie�s. Ali properties served byte ,
lion the Development must conforrri to the rules and
Oak park Municipal Services located in th p • •
use by b Oak
regulatIans adapted for y park for citizens of Oak Park. P
each roe owner quarterly for sewer and water �usa�ge
,�.� Mini. Oak Park will ���� � property �
�f � €� billings be made pursuant to existi�g
charge s and other urges. The amounts � � ;time • rde is and ma be adjusted frorn't�me to to
' la ions as established for all Oak Park residents Y
red u � ��
• otherwise charged Oak Park ras�dents, plu.�, in all
F with all adjustments on water rates otherw
comply � � occurring ir�
y O% service charge, In the event of any delinquency
events; an additional �
`es served b the �unz�pal Services in the Development,
a • n�ent of a bill, from any properties y
p y , or before September 15
' of receipt of delinquency from Oak Park, will by r
Baytown, upon notice f r P
� � Washington County with the county taxes, for the �ailawing
each ear, � ce�y for collection to I�ash�ng y
of y � ,
` statute. Upon remission of any payments to Ba own, y ,
year in{the manner provided by �
y
same must then be promptly paid to Oak Park.
1�ash�ngton County, the ,
• the parties pursuant to, Minn.
ernents. improvements will be conducted by h a
� �rrt ray P
� • 1 hold improvement hearings, assessment bp
��arir�gs
tq §429 e� se if required, aytown wll h p eta � �
enefit�d ro ert i�thln �ayta'�n as, p�rov�ded
e the cost as an assessment against b p P Y ; .
and s�,r ad .
Baytown for obli atians Issued by yak Park for the
law; If assessments are collected by �ayta �
by � r paid
nds must then be promptly i to yak Parka
costs of the improvements, the,f u p
9. end an s and NI . .. if ication This Agreement can only130 cr
modified by writing signed by the parties.'
a ies. . .
Baytown will cooperate in the enforcement and Q2 t 0 ! ' Oak Park and Yt �
m � the extent that any additional agreements, ir�ati��es,
implementation of this agreement; To
� � issued by either carry � unity tp th ��, Mate of
�'o s or oth cammitmen' .t s are required to be issu y
resale l� n . ,
.. regulatory agency, both communities will
` :3ota the County of Washington or any other red ry g
M�nnea y
cooperate and issue any documents in a prompt manner,
2
n d This Agreement is made by the parties pnd neither may delegate
l�f Non-Do. �
• r this A reerrent without the written consent of the ether
, )
n dui or responsibility ors � Sande
�
commupity. .
liN WITNESS WHEREOF, the parties have set forth their hands and seals this *first
written above,
OAK F'A ? RK HEIGHTS
City Clerk
TOWN OF BAYTaWN
Mayor Chairrnan, Board of Supervisors
3
Town Clerk
/,
!,