5.c) Official Map of Big Marine Park Reserve .
- Meeting Date: 12/07/2010
Agenda Item:
,� - ��
City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Consider entering into a Joint Powers Agreement (JPA) with
Washington County regarding the Official Map of Big Marine Park
Reserve (BMPR.)
Deadline/ Timeline: N/A
Background: • The City of Scandia's Comprehensive Plan recognizes the future
boundary of Big Marine Park Reserve, consistent with county and
regional comprehensive plans.
� Minnesota cities and counties have the authority to adopt"official
maps" designating land needed for future public purposes. Land
included on an official map is subject to additional regulations and
public process to balance the interests of the property owner with
those of the public. An excerpt from Minnesota Statutes (Section
394.361) describing the county's authority to adopt official maps
is attached to this memo.
• Washington County has adopted an official map of the boundaries
of the Big Marine Park Reserve (BMPR), a portion of which
(approximately 15 parcels totaling 85 acres) is within the City of
Scandia(see park boundary maps, attached.)
• State law clearly allows the official map ordinance of a county to
be applied with townships. However, it is less clear how it applies
within the boundaries of cities. When the City of Scandia was
incorporated, there were no stipulations made regarding
implementation of the BMPR Official Map.
• County staff approached city staff regarding the procedures to be
used if owners of land within the official map area apply to the
city for building permits. The County ordinance would require
that building permits be denied. The property owner could then
appeal to the County Board of Adjustment and the County Board,
triggering a process for determining whether a permit would be
issued, or whether the County would acquire the property.
• Without a specific agreement regarding enforceability of the
official map, staff is concerned about potential liability for
denying building permits within the official map area. After a
meeting of staff and legal counsel of both parties, it was
determined that this concern could be addressed by a Joint Powers
Page 1 of 2
11/22/10
394.361, 2010 Minnesota Statutes Page 1 of 2
2oio Minnesota Statutes
394.361 OFFICIAL MAP.
Subdivision 1. Future public uses. Land that is needed for future street and highway
purposes, or for aviation purposes, and as sites for other necessary public facilities and services is
frequently diverted to nonpublic uses that could have been located on other lands without
hardship or inconvenience to the owners. When this happens, public uses of land may be denied or
may be obtained later only at prohibitive cost or at the expense of dislocating the owners and
occupants of the land. Identification on official maps of land needed for future public uses permits
both the public and private property owners to adjust their building plans equitably and
conveniently before investments are made that will make adjustments difficult to accomplish.
Subd. 2. Development; hearings, adoption, filing. The planning commission may develop
and recommend for adoption by the board official maps and amendments thereto covering all or
any portion of the unincorporated area of the county. Public hearings on proposed official maps
and amendments thereto shall be held in accordance with section 394.26. The official map may be
adopted and amended by ordinance by the board.
All official maps shall be prepared in sufficient detail to permit the establishment of future
acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall have
been made prior to the preparation of the final draft of the official map. The accuracy of the future
acquisition lines shown on the official map shall be attested to by the county surveyor. Copies of
official maps and amendments shall be filed in accordance with section 394.35. One copy of the
official map shall be furnished to the town clerk of each affected town.
Subd. 3. Effect. After an official map has been adopted and filed, the issuance of land use or
zoning permits or approvals by the county is subject to the provisions of this section. Whenever
any street or highway is widened or improved or any new street is opened, or interests in lands for
other public purposes, including aviation purposes, are acquired by the county, it is not required
in such proceedings to pay for any building or structure placed without a permit or approval or in
violation of conditions of a permit or approval within the limits of the mapped street or highway
or outside of any building line that may have been established upon the existing street or within
any area thus identified for public purposes, including aviation purposes. The adoption of official
maps does not give the county any right, title, or interest in areas identified for public purposes
thereon, but the adoption of a map does authorize the county to acquire these interests without
paying compensation for buildings or structures erected in those areas without a permit or
approval or in violation of the conditions of a permit or approval. This subdivision does not apply
to buildings or structures in existence prior to the filing of the official map.
Subd. 4. Board of adjustment role. If a permit for a building in such location is denied, the
board of adjustment shall have the power, upon appeal by the owner of the land to authorize the
issuance of a permit for building in such location in any case in which the board finds, upon the
evidence and the arguments presented to it, (a) that the entire property of the appellant of which
such area identified for public purposes forms a part cannot be put to a reasonable use by the
owner unless such a permit is granted, and (b) that balancing the interest of the county in
preserving the integrity of the official map and the comprehensive plan and interest of the owner
https://www.revisor.mn.gov/statutes/?id=394361 11/8/2010
Big Marine Park Reserve Boundary Adjustment Report April 7, 2009
Attachment C — BAap of Bia Marine Park Reserve Boundary
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Big Marine Park Reserve Boundary Adjustment Report April 7, 2009
Attachment B— Map of Properties Included in Request
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&urvey md Land Manapement Drvnian °' f � � _
JOINT POWERS AGREEMENT FOR THE
BIG MARINE PARK RESERVE OFFICIAL MAP
THIS AGREEMENT is entered into by the County of Washington, Minnesota
hereinafter County and the City of Scandia, Minnesota hereinafter City pursuant to the authority
granted by Minnesota Statutes sections 394.24, 394.32, 394.361 and 471.59.
WHEREAS, Minn. Stat. § 394.361 allows the County to identify on Official Maps land
needed for future public uses and to subject such land to Official Controls; and
WHEREAS, the State of Minnesota has deemed parks and open space to serve a vital
public purpose; and
WHEREAS, the County has identified certain lands in Washington County as ideal for
the establishment of the Big Marine Park Reserve (hereinafter BMPR); and
WHEREAS, pursuant to the authority contained in Minn. Stat. § 394.361, on August 23,
1988, the Washington County Board of Commissioners adopted the Washington County Official
Map Ordinance, Ordinance No. 68, which establishes the process by which the County Board
may identify and designate areas within the County suitable for future public use; and
WHEREAS, on November 29, 1988, the Washington County Board of Commissioners
adopted Washington County Ordinance No. 73 which is the Official Map of the BMPR; and
WHEREAS, Section 8 of said Ordinance No. 68 delineates the effect the Official Map
has on the properties within the boundaries of the BMPR Official Map and is a reproduction of
the constraints contained in Minn. Stat. § 394.361, subd. 3; and
WHEREAS, the total acreage of the officially mapped BMPR is 1892 acres, 657 acres of
which have been to date acquired by the County; and
WHEREAS, approximately 200 acres of the official mapped area have been developed
for park purposes and are open for public use; and
1
l. Pu ose. The purpose of this Joint Powers Agreement is to facilitate the
advancement of Washington County's development of the BMPR by establishing
the permitting protocol for properties that lie within both the boundaries of the
City and the BMPR Official Map and to assign the attendant permitting
responsibilities for those properties.
a. The recitals set forth in the whereas clauses above are incorporated by
reference as if fully set forth herein.
2. Definitions.
a. Official Control has the meaning given it by Minn. Stat. § 394.22, subd. 6.
b. Official Map has the meaning given it by Minn. Stat. § 394.22, subd. 12.
c. Party or Parties means Washington County and/or the City of Scandia.
3. Scope. This Agreement shall only apply to those properties that lie both within
the borders of the City and the BMPR Official Map and any amendments thereto.
a. If a property within the Official Map is "de-mapped"by the County, it will no
longer be subject to the effects of the Official Map and will return to the
exclusive jurisdiction of the City's land use and zoning regulations.
b. If properties are subsequently added to the Official Map through amendment
and with the consent of the City, said properties shall become subject to this
Agreement at the time of addition.
4. Procedure.
a. The County shall continue to enforce the provisions of the Washington
County Development Code, Chapter One, Section 6.5 throughout the entire
3
the interest of the owner of the property in the use of the property and the
benefits of ownership, the issuance of such permit is required by
considerations of justice and equity.
c. The County Zoning Administrator shall promptly inform the Scandia building
official of the decision of the Washington Board of Adjustment and Appeals
and, if a permit was authorized, of any conditions imposed on the permit by
the Board. A copy of the Board's written order shall be sent to the City.
d. All decisions by the Washington County Board of Adjustment and Appeals
shall be final, except that anyone aggrieved by the decision shall have the
right to appeal its decision to the Washington County District Court within
thirty(30) days after receipt of notice of the decision. Any such appeal shall
be limited to questions of law and fact.
e. A non-party may also appeal a decision of the Washington County Board of
Adjustment and Appeals; but, in order for a non-party to preserve such right,
the non-party must notify the Zoning Administrator within seven (7) days of
the date of the hearing at which the decision was made of the non-party's
desire to obtain a copy of the decision. The non-party and must file an appeal
within 30 days of receipt of the decision. If a non-party fails to make such a
request or to timely file an appeal, the non-party's right to appeal is deemed
waived.
f. If the issuance of a permit is authorized, the Washington County Zoning
Administrator shall monitor compliance with and enfarce any permit
5
Minn. Stat. § 471.59 la.(a), the County hereby expressly agrees that, except for those
acts or omissions by the City found to be negligent or willful or for actions taken
against the City to enforce this agreement, the County will be responsible for the acts
or omissions of the City in the performance of this Agreement. Except for the
negligent or willful acts or omissions of the City, its Officers and employees or for
actions taken against the City to enforce this Agreement, the County agrees to fully
defend, indemnify and hold harmless the City, its Officers and employees against all
claims, liabilities, suits,judgments, costs, attorneys fees and expenses arising from its
activities under this agreement. This Agreement to indemnify and hold harmless does
not constitute a waiver of limitations on liability under Minn. Stat. § 466.04.
8. Amendments. Amendments to this Agreement shall only be valid when reduced to
writing and duly executed by the authorized signatories of each Party.
9. Entire AQreement. It is understood and agreed that the entire Agreement of the
Parties is contained herein and that this Agreement supersedes all oral agreements and
negotiations between the Parties relating to the subject matter hereof as well as any
previous agreements in effect between the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
this day of , 20_.
WASHINGTON COUNTY, MINNESOTA CITY OF SCANDIA
By: By:
Washington County Board Chair Mayor
7