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Home My WebLink About10-27-09 Worksession Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION TUESDAY, OCTOBER 27, 2009 6:00 P.M. I. City Hall Facility II. Washington County Roadway Transfer Agreement Ill. Adjourn Page 1 of 18 PV City of Oak Park Heights 14168 Oak Park Blvd, N a Box 2007@ Oak Park I leights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574 October 22, 2009 MEMO To: City Council Members F Eric Johnson, City A RE. Roadway Transfer greern4nl C As Council M erribers will recall, the I t"' "' as be " er) in sorne discussions with Washington Cour0y to enter into (, roadway transfer agreern(,- that would transfc- frory) City ownership - 10 County ownership 62...a east of Osgood Ave and west of flanarna Ave; cts well cis Oxboro Ave, , south of 62... Sfr( fl ,, ie gencsis of this discussion corn(=,s frorTI the desire and need of Washingtor) County to violate ("ify road lia on 62 Streef (. Oxboro Ave. to work on the Washingion County Campus Project, to that E.4fect th(-.. City allowed the violation of land linnits, pursuant to the lerryis and conditions of ( agreernent c ated March 14" 2008 (atfached (is Exhibit I to lhis tner in excharige for: 0 County will r)rovid(.r, all cusforriary maintenancxr, for such roadways 0 (110L)nty will r( roadways not lale;rflrian 2011 Additionally, per that March 14 2008 document, the City and County have afteimptec 1 finalize on agreernent tha would effecfuate the roadwc:ty transfer froryi fh( City to WaSning-iol') County. Largely, rnuch of It final agreernent language is without issue at ftliSfirryie, however, the City haas sought two fiscal iterns for a final agreement, ITEM #1 . That the Agreej includes a proviso that the County rflay not ferrnina cicc,ess onto Oxboro for Oak Park Alocirtryienfs, (SfrjeWrj as deleted in Section 2,) IIEM #2, *that 1 be langUCIge inserfed into the document that indicates that the City and the County shall coordinate - l - fieir work, ol,s it rclates lo utilities, road surfaces, drainage, etc. Itern 412 above has beer) generally agreed upon, although reel r with initial resistance frorn Washington County, however Nfern It I has riot. - thus at this tirne, the Agreernent in its current forty) (SEE ATTACHED AGREEMENT - EXHIBIT #2) is without a StipUlalion that the Counfy preserve an access for the Oak Park Apartments onto 0xboro Ave. Washington County has suggested alternative language see Section 7 (in GREEN). Page 2 of 18 Washington County has indicated that it does not wish to agree to ITEM #2 (as it is struck) because: it does not desire to un ilaterally vacate its authority to close driveways on what is to be a county roadway, in perpetuity, as site conditions can change over the years; that current statutes would provide adequate protections for Oak Park Apartments, Oak Ridge Place and the Is' Presbyterian Church. ® that it has no foreseeable reason to close such access points on Oxboro Ave. and 62nd Street. We need to discuss these all of these issues in sorne detail on Tuesday evening. Page 3 of 18 I T I -March 14th,2008 Agreement Page 4 of 18 AMENDMENT # 1 TO AGREEMENT BETWEEN THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS, AND TIME COUNTY OF WASHINGTON FOR DEVELOPMENT ON THE CAMPUS OF THE WASkIINGTON COUNTY GOVERNMENT CENTER THIS AGREEMENT amends the Joint Powers Agreement entered into by and among the City of Stillwater ( "Stillwater "), Washington County, Minnesota ( "County "), and the City of Oak Park Heights ( "OPH "), and dated October 4, 2005, as follows: 1. The following definitions of road segments are added and effective for the purposes of this Amendment as follows: DEFINITIONS 1. Road Segment 41 shall be defined as that portion of 62" d Street North from Osgood Avenue. (County State Aid Highway 24) easterly to Panama Avenue, total length approx. 0.25 miles. 2. Road Segment #2 shall be defined as that portion of Oxboro Avenue from 62 " Street North south to terminus at TH 36 frontage road, total length approx. 0.21 miles. 2. SECTION TWO is amended by adding the following provision: 5. Seasonal Weight Restrictions. Stillwater delegates to the County its statutory authority to post seasonal weight restrictions on Road Seginent #1 except that the County will not be authorized to allow weights in excess of 9 tons per axle. 3. SECTION THREE is amended by adding the following provision: 7. Seasonal Weijzht Restrictions. OPH delegates to the County its statutory authority to post seasonal weight restrictions on Road Segments 41 and #2 except that the County will not be authorized to allow weights in excess of 9 tons per axle. I 3 Page 1 of 3 Page 5 of 18 4. SECTION FOUR is amended by adding the following provisions: 9. Seasonal Weight Restrictions. The County will provide all necessary signing for posting seasonal weight restrictions on Segment 41 and Segment #2. 10. Routine Road Surface Maintenance. The County will provide all customary maintenance for Segment. 41 and Segment #2 maintaining roadway surfaces in safe and passable condition beginning on the Amendment #1 effective date of March 14, 2008. Routine maintenance includes but is not limited to: a. Pothole patching and crack repair b. Street Sweeping C. Pavement striping and pavement messages d. Highway signing e. Snow and ice removal 11. Road Surface Repairs. The County will immediately repair any damage caused by truck construction traffic in and about the County Government Center 12. Jurisdictional Transfer. The County Engineer will initiate discussions with Stillwater and OPH City Engineers on jurisdictional transfer of Segment #1 and Segment #2 to Washington County under MN Stat. 163.11 for designation as a County Road. The County will make good faith effort to complete jurisdictional transfer by August 1, 2008. All parties hereto agree to cooperate and pursue to completion the transfer of roadway authority for road segment 1 and 2 to the County. 13. Road Improvements. The County will reconstruct Segments #1 and Segment #2 by December 31 5 `, 2011. The County may not alter street parking signage as currently installed on Segment 42 or change or close street access thereto from the Oak Park Apartments or Oakridge Place without the consent of the City of OPH, or until such time the County has complete roadway jurisdiction over this Segment. #2 . a. The project scope will include improvement of traffic flow to the public parking areas, improvement in pedestrian facilities, and shall at a minimum meet the MNDOT State Aid for Local Transportation standards for an urban road section. b. Oak Park Heights and Stillwater financial participation will be limited to any costs associated with improvements made to City utilities (water, sanitary sewer and storm sewer). The cities shall retain all necessary utility easements as required by each City Engineer Page 2 of 3 Page 6 of 18 and cities shall not be responsible for final site restoration costs should such utilities require maintenance, service, replacement or other needed access. 14. The terms and provisions of this agreement shall be incorporated by reference into the August 10, 2007 Developer's Agreement executed between the City of Oak Park Heights and Washington County. OPH may retain $50,000.00 of the Letter of Credit to secure the reconstruction of the segments. This may be secured until the reconstruction has been completed or the County assumes jurisdiction of the segments, whichever comes first. IN WITNESS WHEREOF, the parties have executed this Amendment #1 as of the date first hereinabove written and is agreed to be effective as of March 14, 2008. CITY OF IGIITS CITY OF STILLWATER , .. B ;�: �.: f By D d det, Mayor arycki, Mayor By By Eri ohnson, City dmin' Larry . Hansen, City Administrator Dated: Dated: Ap ved to �,'crm Approved as to Form B y: C Cz torney O City Attorne illwater COUN OF WASHINGTON Denn' Hegber , Ca' ,Ginty Board By James R. Schug, Admirkstrator Dated -- APPROVED S TO RM By B Coun y Attoray 1� Page 3 of 3 Page 7 of 18 ECKBERGAis_ LANAMQ_S MA ------------- . ...... - ------------ - ------ Al I ORNVYS A I L. A W _V4%0_ Sti I lwatet Office: 1809 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 Wi•ei•'s Direct Dial: Fax (661) 439-2923 (651) 351-2118 Writer's E-mail. Hudson Office: iiiviet-iiiig@ecicbei-glaiiiiiier-s.costi 2417 Monetary Boulevard Hudson, Wisconsin 54016 April 28, 2008 (715) 386-3733 Fax (651) 439-2923 www,eckberglammers,corn Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: Amendment No. I to Agreement Behveen City ofStiffivatei- and the City of Oak Park Heights and Washington County Regar(ling Development of the Washington Col"ItY C4 111 1)"s Dear Eric. Enclosed herewith I have reviewed and provided back to you the three original agreements with regard to the above-referenced project. I have retained a photocopy of sans Ile and trust that you will route the originals back to the signing parties. You - ver y t ou's ve, nily, Mar ierling MJV/sdb Enclosure .......... . ....... ----- ......... . ....... I'I'CK5I_-_lZ(3, LANUMERS, BRIGGS, WOLFF 8 VIERIANG, PLIT I - awily !.aw Divorce RUSi11'es an„ Law - Criminal Law PC-rsojjal If-IjIlly WCOngfLd Oealpjage 8 of 18 Estate Manning Real Estate - Land Use Law 0 MPdiatioll fVILWiCil)al Law a Civil Litigh1i011 EXHIBIT Draft Jurisdictional Tr f r Agreement Page 9 of 18 AGREEMENT BETWEEN THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS AND THE COUNTY OF WASHINGTON ON THE .JURISDICTIONAL TRANSFER OF CERTAIN ROADS WITHIN THE CITY OF STILLWATER AND THE CITY OF OAK PARK HEIGHTS THIS AGREEMENT is entered into by and among the City of Stillwater ( "Stillwater "), the City of Oak Park Heights ( "OPH ") and the County of Washington ( "County "), and dated as follows: 1. PURPOSE 'The purpose of the Agreement is to transfer the jurisdiction of a portion of Oxboro Avenue North and 62 ` Street North as defined below in Section 2 to Washington County under the terms and conditions herein stated. 2. Dt,XINTTIONS A. OP14 Roads as depicted on Exhibit A being a portion of Oxboro Ave North and 62 "` Street North shall be defined as all that part of the south one -half of 62` Street North lying east of Osgood Avenue North and west of an extension of the east right -of -way line of Oxboro Avenue North; and all that part of Oxboro Avenue North lying north of Minnesota Trunk Highway 36 and south of 62` Street North; and, all that part of 62 ii1 Street North lying north of the centerline thereof, and east of the centerline of Panama Avenue North and west of an extension of the east right -of -way line of Panama Avenue North; B. Stillwater Roads as depicted on Exhibit A shall be defined as all that part of the north one -half of 62" Street North lying east of Osgood Avenue North and west of an extension of the east right -of -way line of Oxboro Avenue North; and, all that part of 62 "" Street North lying east of an extension of the east right-of-way line of Oxboro Avenue North and west of an extension of the east right- of-way line of Panama Avenue North; except that part of said 62` Street North within the City of Oak Park Heights lying north of the centerline thereof, and east of the centerline of Panama Avenue North and west of an extension of the east right -of -way line of Panama Avenue North. 3. JURISDICTIONAL TRANSFER The parties agree to the following conditions regarding the transfer of jurisdiction of the OPH Roads and Stillwater Roads to Washington County: 1 Page 10 of 18 1. The County shall proceed pursuant to MINN. STAT. § 163.11, subd 3 to accept said jurisdiction over the defined OPI I Roads and Stillwater Roads and the Cities of0l"ll and Stillwater shall convey their roadway .interests therein to the County. The CitV Shall retairl aliv existilu?, Subsurface easelil.ents, llow ill,, r water, sWlitary or stonn sewer 2. As consideration to the County for this Agreement, OP and Stillwater shall transfer to the County all public road rights of way and road casements it currently holds, t° :,t,ta inirw mUlliCiPal Utility easements for the affected roadways as depicted on Exhibit A attached hereto. OPI I and Stillwater hereby warranfiii to the County that it N ' they &:�Ei have control and ownership rights to all affected rights-of- way and that the Roads as constructed thereon are located within said right-of- s,'4 W 'P way. a ............. . f'e pq" . .. ..... . . . .... .......... ............. . ........ . . .. 3. After transfer of jurisdiction is accomplished, the County shall own and be solely responsible Im the maintenance of at] storm water systems located within the Road right of way as depicted on Exhibit B. The County may not alter, limit or impede public storm water flows or areas served by the storm water pipes as are now being conveyed through these storm water systems nor shall it alter or limit the downstream outfalls; Any future storm sewer upgrades and restoration projects are to be paid for by contributing flows. No othc� r InUnje ij lllilities' ".lru CO11VC"V('o.1 or '111'ected by this Awvernctfl- 4. After transf=er of . jurisdiction is accomplished, ()[)It and Stillwater shall continue to own and be solely responsible for the inaintenance o all water main systems and sanitary sewer systems as depicted oil Fxhibit B., 11( c,iq.ies shall [)c wrinitted, PPI-SIce: n ) ("" nninicit'lat u tilih, i r0llh by 111)(I"'it" ("tV ":s d vVithout or pqn WaA')il my toll Cooaftv. S. The County shall grant OPI I as utility casement of at least 30 fleet in width, being 1 5 feet or more oil either side of the centerline ofthe located water and sewer utilities for the repair, replacement or restoration of those utilities within the Roads as depicted and described in Exhibit B. This casement will be recorded upon completion of the j urisdictional transf'cr. Should there be discrepancies in the legal descriptions ofthe casements Washington County shall correct an) such discrepancies in a reasonable timeline. 6, Tle COUITIV 01 1, and Stillwater t,, prqyide notice on err artrlrty yawl ....... . ................ . tel allow coordination '11le ('oulity Engineer or respective �will be re,cJj,)ient of"anly notices, T s s ... e i tl r µ y uum uo II II L,(jptikjj�e_tqj)rovidc le�4 I access for abutting land ursuant to NIS 1W 11,81�ll,"Islltlllillb"cI."2".. , "I'l.,,..11,",.Ill"".,�'ll""I-1... . .. . ...... .' P Slaorrgcl ilia c[esil 1. Lepfly close ar� access hit on, such - "I-1-1 1-1-1 V, '� I " "I � j the _C(,')LU')tV shall n'icet With ilia, "'Iflected P!'pPe s "p , [Y °µn "possiblic to 2 Page 11 of 18 advise ofthe r gfps' .. ............... - .... . ........ . ...... ....... I P�: w I i n pact to th Pis? I? 1Y 911-1-11'..'� Of SUCII c lOsUre,..1' i is 1gqgj �jj? .. ............. ..... n.ot. Ifi nit or fi'livede the County,s authori.tv to close Such aqqcssp, cunsisterit, ....... ....... . . . .. ........ wiffi. N/linnes('.)ta StalUteS. 1�6. fly December 31, 2009, OP] I and Stillwater shall t to the COUnty all existing construction and maintenance records of" the Roads depicted on attached 1,�Ahibit A. 9.1 Upon execution of this agreement and recording ofeasernent areas, OOH shall release OfthC COUnty Letter of Credit #SU."MMSPO4743. J.".0-8. The parties agree that paragraphs 2, 5, 8, and 9 ofthis Agreement are conditions precedent to the formation of the contract. IN WI'FNESS WHEROF, the parties have executed this agreement as ofthe (late first hcreinabove written and is agreed to be effective as of'.july 1, 2009. CITY OF' OAK PARK I IFIG11"I'S CITY OF STILLWATFIR 13Y By David Beaudet, Mayor Ken flarycki,, Mayor 13Y 13Y F'ric Johnson, City Administrator Larry 1). 1 kmsc City Administrator Dated: Dated:... Approved as to Form Approved as to Form BY: (,-'.ity Attorney Oak Park Heights City Attorney Stillwater COUNTY OF WASHINGTON fly Myra Peterson, Chair, COUnty Board fly ,James R. Schug, Administrator Dated APPROVED AS TO FORM By County Attorney 3 Page 12 of 18 "Exhibit A" Map Depicting Roads — Oak Park Heights and Stillwater insert map here... 4 Page 13 of 18 "Exhibit B" Includes. Map and Utility Easements B -1 to B -4 • MAP DEPICTING EASEMENT AREAS (Exhibit B -I) • UTILITY EASEMENT — OXBORO AVE. & 62 °i ST. NORTH (Exhibit B -2) • SANITARY SEWER EASEMENT (Exhibit B -3) • WATER MAIN EASEMENT (Exhibit B -4) 5 Page 14 of 18 MAP DEPIC,T'I wN(Y' EASEMENT AREAS (Exhibit B-1) Ji I� . yam ia�" 18 N III' I � �';I�� dl `• �'�iiyA' 4' r �� li4� � i iii u, ' 7 I fl N Vil V 14 Ilk fI17M � l ldl' II �I ImlNUl " ,, y; lulu I f° X I0IIm I �^�r ourlu»a m 1 IO f '� 'm, lllllll ' I I II ' u 11 I lul 07i1 ii I IIII ngllu II II I �I I n r i u ""I flWdII�R�ll�lid l l IVUiIdhlpr�IlVU�i��l�,a'�I w�, ^ �II�Ilh l l l I � i�l II� A' II bwh�p�'I IIVVIII,I�I II ! y i 'I UI at 1 II III I r Y,f') �Y it I 11 N � �m f 'b I 6 Page 15 of 18 UTILITY EASEMENT — OXBORO AVE. & 62` ST. NORTH (Exhibit I3 -2) A perpetual utility easement over, under and across the county rights-of-way of Oxboro Avenue North and 62" c1 Street North, to be used for sanitary sewer and watermain purposes, and is restricted to a strip of land 40 feet wide, being 20 feet on either side of the following described centerline: Commencing at the southeast corner of Section 33, T30N, R20W, Washington County, Minnesota; thence N89 °57'46 "W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the south line of the southeast quarter of said Section 33, a distance of 651.46 feet; thence N00 °1 1'48 "W 300.40 feet to the northerly right-of-way line of Minnesota 'Drunk 1-lighway No. 36 and the point of beginning of the centerline to be described; thence N009 1'48"W 1000.42 feet to a point hereinafter referred to as "Point A "; thence continuing N009 1'48"W 50.80 feet to the northerly line of 62" d Street North and said centerline there terminating. The sidelines of said easen - lent are prolonged or shortened to terminate at the northerly right- of-way line of Minnesota Trunk Ilighway No. 36 and the northerly line of 62"' Street North. Also, a strip of land 30 feet wide across said Avenue and Street, and over, under, and across Lots 12, 13, 14 and 15, Block I in McM11,1.,AN AND C001.,EY'S ADDITION TO STILLWATER, being 15 feet on either side of the following described centerline: Beginning at the hereinbefore described "Point A "; thence N88'14'08"E 112.30 feet; thence N8743'431' 134.63 feet; thence N89 °22'03 "1 100.43 feet; thence N89 °50'50 "I3 194.61 feet; thence S89 °32'53 "E 77.20 feet; thence N87 °48'47 "E 7.48 feet to the intersection with the southerly extension of the westerly line of Panama Avenue North and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the southerly extension of the westerly line of Panama Avenue North. Also, the following described portion of the right-of-way of 62 "` Street North: Beginning at the intersection of the northerly line of said 62 "` Street North and the westerly line of Panama Avenue North; thence southerly along an extension of said westerly line to its intersection with the southerly line of said 62` Street North; thence easterly along said southerly line to its intersection with the southerly extension of the easterly line of said Panaina Avenue North; thence northerly along said extension to said northerly line of 62 ii1 Street North; thence westerly along said northerly line to the point of beginning. 7 Page 16 of 18 SANITARY SEWER EASEMENT (Exhibit B -3) A perpetual easement for sanitary sewer purposes over, under and across the West Half of the Southwest Quarter of the Southwest Quarter of Section 34, 'Township 30 North, Range 20 West, Washington County, Minnesota, and is restricted to a strip of land 30 feet wide, being 15 feet on either side of the following described centerline: Commencing at the southwest corner of Section 34, 'T30N, R20W, Washington County, Minnesota; thence N00 °00' 13 "W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the west line of the southwest quarter of said Section 34, a distance of 262.86 feet to the northerly right-of-way line of Minnesota "Trunk Highway No. 36; thence S89 °24'06 "E along said northerly right-of- way line 412.83 feet; thence easterly along said right-of-way line on a tangential curve concave to the north, having a radius of 1391.23 feet and a central angle of 04 °36'58 ", a distance of 112.08 feet to the point of beginning of the centerline to be described; thence N00 0 07'42 "E 209.23 feet; thence S89 °43'41" E 91.07 feet more or less to the westerly line of Paris Avenue North and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the northerly right -of -way line of Minnesota Trunk Highway No. 36 and the westerly line of Paris Avenue North. 8 Page 17 of 18 WATER MAIN EASEMENT (Exhibit 13 -4) A perpetual easement for water main purposes over, under and across the West Half of the Southwest Quarter of the Southwest Quarter of Section 34, Township 30 North, Range 20 West, and vacated Panama Avenue in the plat of McMillan and Cooley's Addition to Stillwater, restricted to a strip of land 30 feet wide, being 15 feet on either side of the following described centerlines: Commencing at the southwest corner of Section 34, T30N, R20W, Washington County, Minnesota; thence NOO °00' 1 TV, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the west line of the southwest quarter of said Section 34, a distance of 262.86 feet to the northerly right-of-way line of Minnesota Trunk. highway No. 36; thence S89 °24'06 "E along said northerly right-of- way line 14.60 feet to the point of beginning of the centerline to be described; thence N01 0 17'13 "W 1 06.85 feet; thence NOI °13'23 "L 110.16 feet to a point hereinafter referred to as "Point A "; thence N88 °31'24" E 179.51 feet; thence N71 °53'01" E 48.39 feet; thence N52'22'28"1-1' feet; thence N47 °24'08 "E 53.59 feet; thence N46 °08'39" E' 106.08 feet, thence N25 °46'45 "E 22.57 feet; thence N04 °45'371:` 20.28 feet; thence NO1 °56'56 "W 28.21 feet; thence N17 °34'41 "W 18.35 feet; thence N06 °58'48 "W 14.61 feet; thence S89 °27'00 "E 49.01 feet; thence N75 °47'11 "1 17.98 feet thence N51 °18'48 "E 33.87 feet; thence N32 °32'43 "E 29.91 feet; thence N04 °37'54 "1 18.71 feet; thence N89 °03'31 "E 105.22 feet more or less to the westerly line of Paris Avenue North and said centerline there terminating. ALSO, beginning at the hereinbefore described "Point A "; thence NOO °53'23 "W 24.95 feet; thence N07 °09'57 "W 34.53 feet; thence NOO °19'38 "1: 201.85 feet; thence West 17.58 feet; thence SOO° 18' 14 "W 149.05 feet; thence SOI °07'05 "E 112.10 feet; thence N89"48'1 5"1 L' 19.73 feet to said "Point A" and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the northerly right-of-way lilies of Minnesota Trunk Highway No. 36 and the westerly line of Paris Avenue North. 9 Page 18 of 18