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HomeMy WebLinkAbout2011-06-01 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/1/2011 PREPARED BY Administration Ryan Schroeder ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Consider approving the following agreements with Washington County pertaining to the Public Safety /City Hall Project: 1. Use and Replacement of Land in Cottage Grove Ravine Regional Park. 2. Agreement for Land, Street, and Utility Improvements. STAFF RECOMMENDATION Approve the agreements. BUDGET IMPLICATION BUDGETED AMOUNT SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Ryan Schroeder. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Agreements. ADMINISTRATORS COMMENTS ACTUAL AMOUNT Tabled from May 18 as a late agenda item; in ac ord nce with Council discussion at May 4 workshop. t City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Document2 City of Cottaqe Gro To: Honorable Mayor and City Council Members From: Ryan R. Schroeder, City Administrator Date: May 17, 2011 Subject: County Cost Share and Land Exchange Agreements At the workshop on May 4, 2011 the Council provided direction that the proposed agreements between the County and City regarding the Land Exchange for the PSCH and other projects and the Cost Share regarding the Ravine Parkway could proceed to approval. The agreements presented at that workshop have since received minor mark -ups with those mark- ups completed on May 17. It does not appear that the mark -ups substantially amend the agreements discussed on May 4 and therefore we are presenting them for Council consideration. Mark -ups are as follow: Land Exchange: I. Paragraph 1 was amended to provide that the County would transfer land to the City "within 60 days of written request." The prior draft was void of a date certain. II. Paragraph 2a was amended to provide that land presented by the City to be used in mitigation of land used by the City would be accepted by the County if said land is "within the Cottage Grove Ravine Regional Park Master Plan boundary..." The prior agreement allowed for mitigation land at the sole discretion of the County. The 22 acre tract of land north of the current park boundary (and north of 85 th ) is included within the park boundary. It has been land within that area that the City has proposed exchanging through future park dedications. Additional land adjacent to the Ravine Park which the County has expressed an interest in purchasing is also within that Park Boundary. Both of the above changes are at worst neutral changes and at best provide additional assurance to the City that the transfer will occur within a timely fashion and that mitigation land will be accepted by the County. This agreement continues to allow the City until 12/31/15 to provide for mitigation of land it uses for either the PSCH or other projects pursuant to the 2005 Land Swap agreement. The agreement does not dictate use of any particular parcel so long as the mitigation parcel is within the Park Master Plan boundary. Cost Share: I. Paragraph 4 was amended to provide a definition of Phase II land by exhibit (which is the land designated for the future community center and library). Items 4.1 and 4.5 are also new. 4.1 allows the City to stockpile excess material on phase II. 4.5 denotes that development of Phase II requires a separate agreement regarding infrastructure maintenance (such as joint ponding). Also, the last two words in 4.2 "Phase II" were added to provide specificity as to what a grading plan is referencing. 11. Section 8.2 is also new. This section provides the City with a license to access storm water ponds across County property. As with the Land Exchange agreement changes these two changes are at worst neutral. The advantage to 4.1 is that we do not have to haul material off site if we choose not to at a cost savings to us. 4.5 is appropriate to allow for a future negotiation regarding either the County Library development or a City Community Center development once storm drainage and similar infrastructure issues are known. The County Board is anticipated to consider these agreements on May 24, 2011. Concurrent with County Board consideration of these agreements the County is also considering acquisition of property that is contained within the Park Master Plan boundary. The County is expected to utilize a portion of acquired property to mitigate for the property the County used for the South Service Center. The County is further anticipated to offer any property acquired by the County beyond their mitigation requirements to the City for consideration. If such an offer is formally made (as expected) we will present that to Council for your consideration at a future meeting. Council Action: 1. By motion approve the "Agreement for the Use and Replacement of Land in the Cottage Grove Ravine Regional Park (between) Washington County and the City of Cottage Grove" 2. By motion approve the "Agreement for Land, Street, and Utility Improvements to Serve the Cottage Grove Public Safety /City Hall Facility" AGREEMENT FOR THE USE AND REPLACEMENT OF LAND IN THE COTTAGE GROVE RAVINE REGIONAL PARK WASHINGTON COUNTY AND THE CITY OF COTTAGE GROVE This Agreement is entered into by and between Washington County, hereinafter referred to as "County" and the City of Cottage Grove, hereinafter referred to as "City', both parties being governmental and political subdivisions of the State of Minnesota. W ITNESSETH: WHEREAS, the City and County desire to construct in the future public facilities in close proximity; and WHEREAS, the City has identified as suitable for the placement of such public facilities land which is currently a part of the northwest corner of the Cottage Grove Ravine Park; and WHEREAS, the Metropolitan Council has previously approved the use of park land in the Cottage Grove Regional Park for City and /or County Facility use; and WHEREAS, as a condition of its approval, the Metropolitan Council requires that converted park land be replaced on an acre for acre basis by land adjacent to the park pursuant to a strict timeframe. and WHEREAS, as a condition of its approval, the Metropolitan Council requires a formal Agreement between the County and City setting forth building parameters and timeline for land replacement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: Within 60 days after written request by the City, the County shall convey to the City a fee simple conditional interest to approximately 11.64 acres of land (hereinafter referred to as Transferred Land) located in the Cottage Grove Ravine Regional Park. The Transferred Land is more specifically identified in Exhibit A which is attached hereto and incorporated herein. a. As a condition precedent to the transfer, the City shall covenant that it will use the Transferred Land strictly for public institutional purposes including but not limited to a public safety facility, city hall; city streets; trails; public parking or utilities. b. The County shall hold the reversionary interest in the Transferred Land until the condition subsequent set forth in paragraphs 2 and 4 of this Agreement is accomplished. c. The City is responsible for platting, and associated costs for this land transfer. 2. In consideration of and as a condition subsequent to the conveyance of the Transferred Land as set forth in paragraph 1 of this Agreement, the City shall convey to the County in fee simple absolute on an acre for acre basis suitable park land; from lands identified in the Cottage Grove Ravine Regional Park Master Plan for addition to the park (hereinafter referred to as the Replacement Land). Agreement between Washington County and the City of Cottage Grove Land Exchange — Cottage Grove Ravine Regional Park Page 12 For land not currently within the Cottage Grove Ravine Regional Park Master Plan Boundary, the acceptance of its suitability as Replacement Land shall be at the sole discretion of the County. 3. The City may acquire the Replacement Lands through direct purchase, eminent domain or park dedication. a. The City shall be solely responsible for all costs and fees attendant to obtaining and transferring the Replacement Lands. 4. As a condition subsequent of this Agreement, the City shall convey all Replacement Lands to the County by December 31, 2015 a. Upon conveyance by the City to the County of all the Replacement Land, the County shall convey to the City by quit claim deed all the County's remaining right, title and interest in the Transferred Land including its reversionary interest except the covenants set forth in paragraph 1.a. of this Agreement shall survive this conveyance and remain in full force and effect upon the Transferred Land. 5. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth herein. 6. This Agreement supersedes the Land Transfer and Replacement Agreement between Washington County and the City of Cottage Grove, Contract #3029 dated January 18, 2005. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by these respective duly authorized representatives. WASHINGTON COUNTY CITY OF COTTAGE GROVE Gary Kriesel, Chair Date Myron Bailey, Mayor Date Washington County Board of Commissioners City of Cottage Grove Jim Schug County Administrator Date Ryan Schroeder Date City Administrator Date Approved as to form: County Attorney Date Agreement etween Washington county and the City or come Grove Lana Exchange— Cottage Grove Ravine Regional Park Pagela e a9a a z i s a� W WW ®W� � � ®o® o LL My p :'�9dgw bg+ �q a — J a B5TH STREET SO or n a s l I I tr A I II II I II I � 8 Y ` RIv6iuvd[ z� I VII II ill I II I I I I i � 3e a y I I V I N 5836 I I I I I� I I I I t AGREEMENTFOR LAND, STREET, AND UTILITY IMPROVEMENTS TO SERVE THE COTTAGE GROVE PUBLIC SAFETY /CITY HALL FACILITY THIS AGREEMENT, between the City of Cottage Grove ( "City "), a municipal corporation and Washington County ( "County'), a political subdivision of the State of Minnesota, is to allocate costs for provision of land, and construction of roads and utilities to serve the Cottage Grove Public Safety /City Hall facility. WHEREAS; the City has plans to construct a Public Safety /City Hall facility on land presently inside the boundary of the Cottage Grove Ravine Regional Park, and WHEREAS; the County has constructed the Washington County Service Center — Cottage Grove and maintains the Cottage Grove Ravine Regional Park trail systems south of the proposed Public Safety /City Hall facility, and WHEREAS; to meet public safety needs and customer access needs, infrastructure improvements will be needed, including a bridge across the Cottage Grove Park Ravine, and WHEREAS: the City has prepared for the aforementioned infrastructure improvements engineering feasibility studies to provide needed roads and utilities which describe the improvements and costs, and WHEREAS; the County and City determine it is in their best interests and the interests of their residents to work jointly in making the needed improvements, and NOW, THEREFORE, THE COUNTY AND CITY MUTUALLY AGREE TO THE FOLLOWING: 1. City Land. City Land, when used in this Agreement, shall refer to the entire parcel of park land to be used for the placement of only City facilities, including road right of way and storm water management facilities. 2. Regional Park Parking and Trailhead. The City will provide parking in the Public Safety /City Hall parking lot for visitors to the Cottage Grove Ravine Regional Park trail system. The City will provide this parking at no cost to the County. 3. Utilities. The City will, at its sole cost and expense, be responsible for the installation of all public utilities needed to serve the City Land. 4. Phase 11 Land. For purposes of this section, Phase 11 land means the land designated as Phase 11 on the attached Exhibit A. 4.2 The County will allow the City to stockpile excess material from Phase I grading on Phase 11 land. 4.1 The City shall prepare a grading plan that shows work to be completed including final contours and restoration of vegetal cover for Phase 11. 4.2 The County will approve final grading plans for Phase 11 prior to any work commencing. Agreement between Washington County and the City of Cottage Grove Cost Share Agreement Page 12 4.3 The City will be responsible for landscape maintenance on the Phase II land. 4.4 When Phase II is developed, a separate agreement will be prepared identifying maintenance responsibilities. 5. Roads and Bridges. 5.1 The County shall be responsible for preparing the plans and specifications, and providing the contract administration and construction inspection for all of the following road and bridge improvements: 5.1.1 Intersection improvements to County State Aid Highway 19 (CSAH 19) or Keats Avenue South at the intersection of 85` Street. 5.2 The City shall be responsible for preparing the plans and specifications, and providing the contract administration and construction inspection for all of the following road and bridge improvements: 521 Construction of 85` Street and associated drainage improvements. 5.2.2 Construction of a Ravine Crossing structure. 5.2.3 Bike trails from the City Land to existing Park trails. 5.2.4 Accommodations for Snowmobile users to cross 85` Street as they travel along CSAH 19. Cost Participation. The County will pay to the City an amount not to exceed $362,066.25 lump sum for improvements identified in Section 5.2 of this Agreement, which payment shall be made within 6 months of billing from the City. The City agrees to submit an itemized bill to the County after work is completed 7. Ravine Parkway Maintenance. At completion of Ravine Parkway, the City will be responsible for all roadway maintenance including boulevard and median landscaping, lighting, snowplowing, and bridge maintenance for Ravine Parkway from Keats Avenue to 85` Street South. 7.1 Maintenance of trails not within the Ravine Parkway Right of Way and within the County Service Center property or Cottage Grove Regional Park shall be the responsibility of the County. 8. Stormwater Management Maintenance. The City will be responsible for maintenance of all stormwater management infrastructures including, but not limited to, the maintenance of all ponds required for the development of the City Land. 8.1 The City will assume maintenance of the three (3) stormwater retention ponds located south of the County Service Center that service Ravine Parkway as depicted on Exhibit B. 8.2 To provide the City access to the storm water retention ponds, the County will provide the City a perpetual license over the land owned by the County. Agreement between Washington County and the City of Cottage Grove Cost Share Agreement Page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives. WASHINGTON COUNTY Gary Kriesel, Chair Date Washington County Board of Commissioners CITY OF COTTAGE GROVE Myron Bailey, Mayor City of Cottage Grove Date Jim Schug Date Ryan Schroeder County Administrator City Administrator Approved as to form: Date County Attorney Date Agreement between Washington County and No Qry of Cottage Grove Cost Share /agreement Paae14 Agreement between Washington County and the City of Cottage Grove Cost Share Agreement Page 15 EXHIBIT B - STORMWATER POND MAINTENANCE RESPONSIBILITIES MAP BEING PREPARED.