Minnesota Legislature
HF 3594
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 03:38pm
Bill Text Versions
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| Introduction | Posted on 02/08/2024 |
Current Version - as introduced
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A bill for an act
relating to local government; authorizing all cities to designate lands for pedestrian
malls on city rights-of-way; amending Minnesota Statutes 2022, sections 162.02,
by adding a subdivision; 162.09, by adding a subdivision; 430.01, subdivisions 1,
2; 430.011, subdivisions 1, 2, 3; 430.023; 430.031, subdivision 1; 430.13; proposing
coding for new law in Minnesota Statutes, chapter 430; repealing Minnesota
Statutes 2022, section 430.01, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 162.02, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Location and establishment; limitations. new text end
new text begin
The county state-aid highway
system must not include a segment of a county highway that is designated as a pedestrian
mall under chapter 430.
new text end
Sec. 2.
Minnesota Statutes 2022, section 162.09, is amended by adding a subdivision to
read:
new text begin Subd. 6a. new text end
new text begin Location and establishment; limitations. new text end
new text begin
The municipal state-aid street
system must not include a segment of a city street that is designated as a pedestrian mall
under chapter 430.
new text end
Sec. 3.
new text begin
[430.001] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this chapter, the following terms have
the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin City. new text end
new text begin
"City" means a home rule charter or statutory city.
new text end
new text begin Subd. 3. new text end
new text begin City council. new text end
new text begin
"City council" means the governing body of a city.
new text end
new text begin Subd. 4. new text end
new text begin System of streets, parks, and parkways. new text end
new text begin
"System of streets, parks, and
parkways" means a body of contiguous land designated to be used in part for streets and in
part for parks or parkways.
new text end
Sec. 4.
Minnesota Statutes 2022, section 430.01, subdivision 1, is amended to read:
Subdivision 1.
Streets; parks; and parkways.
The council and the board of park
commissioners of a city deleted text begin of the first classdeleted text end may designate land to be acquired for a system of
streets, parks, and parkways. They may take this action only by concurrent resolution adopted
by a majority vote of each body. The land must be acquired under this chapter, in proceedings
conducted either by the city council or the board of park commissioners, as stated in the
resolution.new text begin The concurrent resolution must designate which part is for streets, which part is
for parks, and which part is for parkways.
new text end
Sec. 5.
Minnesota Statutes 2022, section 430.01, subdivision 2, is amended to read:
Subd. 2.
Parking lots; pedestrian malls and uses.
The council of a city deleted text begin of the first
classdeleted text end may by resolution designate land to be acquired, improved, and operated for motor
vehicle parking lots. By resolution, the council may designate lands to be acquired, improved,
and operated for pedestrian malls. By ordinance adopted under section 430.011, the council
may designate deleted text begin streets in central business districtsdeleted text end new text begin any property within a city right-of-waynew text end
to be improved primarily for pedestrian uses.
Sec. 6.
Minnesota Statutes 2022, section 430.011, subdivision 1, is amended to read:
Subdivision 1.
Legislative findings.
The legislature finds that: (1) increases in population
and automobile usage have created traffic congestion in deleted text begin central business districts of cities
of the first classdeleted text end new text begin citiesnew text end ; (2) those conditions endanger pedestrians and impede the movement
of police and fire equipment, ambulances, and other emergency vehicles; (3)new text begin certainnew text end streets
in deleted text begin those central business districtsdeleted text end new text begin cities have beennew text end improved to their maximum width for
sidewalk and roadway purposes new text begin and new text end cannot be further widened without taking valuable
buildings and improvements, substantially impairing the primary function of those city
streets as pedestrian facilities, and impairing the cities' sources of tax revenue; and (4)
limitation on the use of those streets by private vehicles may be found by the council of any
city deleted text begin of the first classdeleted text end to be in the interest of the city and state, to be of benefit to adjoining
properties, and to be essential to the effective use of the streets for street purposes.
Sec. 7.
Minnesota Statutes 2022, section 430.011, subdivision 2, is amended to read:
Subd. 2.
Statement of policy.
It is the state's policy to permit the city council of any
city deleted text begin of the first classdeleted text end to protect the public welfare and the interests of the public in the safe
and effective movement of persons and to preserve and enhance the function and appearance
of deleted text begin the central business districts of cities of the first classdeleted text end new text begin citiesnew text end by adopting pedestrian mall
ordinances under this section.
Sec. 8.
Minnesota Statutes 2022, section 430.011, subdivision 3, is amended to read:
Subd. 3.
Pedestrian mall ordinances authorized.
new text begin (a) Except as provided in paragraphs
(b) and (c), new text end a pedestrian mall ordinance may be adopted if the city council finds that:
(1) a street or a part of a street (i) is not a part of any deleted text begin statedeleted text end highway, (ii) is located
deleted text begin primarily in a central business districtdeleted text end new text begin within a city right-of-waynew text end , new text begin and new text end (iii) is improved to
its maximum width for roadway and sidewalk purposesdeleted text begin , and (iv) is congested during all or
a substantial part of normal business hoursdeleted text end ;
(2) reasonably convenient alternate routes exist for private vehicles to other parts of the
city and state;
(3) continued unlimited use of the street or part of the street by private vehicles may
endanger pedestrians;
(4) abutting properties can reasonably and adequately receive and deliver merchandise
and materials from other streets and alleys or through arrangements for limited use of the
streets by carriers of merchandise and materials; and
(5) it would be in the best interests of the city and the public and of benefit to adjacent
properties to use the street primarily for pedestrian purposes and pedestrian use is the highest
and best use of the street or part of it.
new text begin
(b) A pedestrian mall ordinance may be adopted relating to property that is a part of a
highway if the commissioner of transportation approves of the use of the property as a
pedestrian mall.
new text end
new text begin
(c) A city must receive the approval of the county to use part of a county road as a
pedestrian mall and must collaborate with all relevant state and local governments in the
pedestrian mall planning process.
new text end
Sec. 9.
Minnesota Statutes 2022, section 430.023, is amended to read:
430.023 WHEN CLERK TO MAIL NOTICE IN CONDEMNATION
PROCEEDING.
If a city deleted text begin of the first classdeleted text end is authorized in its charter to condemn property for public use
and to appoint commissioners to assess damages or benefits on condemned property and is
required by its charter to give notice of the filing of the commissioners' report, the city clerk
shall give the required notice. Notice must be given by mailing it to the person whose name
appears on the records of the auditor of the county in which the city is located as the person
who last paid the taxes on the property proposed to be taken, within 48 hours after the filing
of the commissioners' report.
Sec. 10.
Minnesota Statutes 2022, section 430.031, subdivision 1, is amended to read:
Subdivision 1.
Limitation of actions.
No action may be commenced or maintained, and
no defense interposed, questioning the validity, regularity, or legality of all or part of a
pedestrian mall ordinance, or an amendment, to it adopted by a city deleted text begin of the first classdeleted text end under
section 430.011, subdivision 3 or 13 except by an appeal to the district court of the county
in which the city is located within 20 days after the final adoption and publication of the
ordinance or amendment.
Sec. 11.
Minnesota Statutes 2022, section 430.13, is amended to read:
430.13 deleted text begin SCOPE OF CHAPTER; DEFINITION;deleted text end BONDED DEBT.
deleted text begin
This chapter applies to cities of the first class.
deleted text end
deleted text begin
The term "city council" means the governing body of a city.
deleted text end
Certificates or bonds that may be issued to finance an improvement under this chapter
are part of the bonded debt of the city. In calculating the net indebtedness of the city due to
the issue of certificates or bonds, there may be deducted from the gross debt of the city the
amount of certificates or bonds that are payable wholly or partly from collections of special
assessments levied on property benefited by the improvements, including general obligations
of the issuing city, if the city is entitled to reimbursement, in whole or in part, from the
proceeds of special assessments levied upon property especially benefited by the
improvements.
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 430.01, subdivision 4,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 24-06528
430.01 DESIGNATION OF LAND FOR VARIOUS USES.
Subd. 4.
Definition.
As used in this chapter, the term "system of streets, parks, and parkways" means a body of contiguous land designed to be used in part for streets and in part for parks or parkways. The concurrent resolution must designate which part is for streets, which part is for parks, and which part is for parkways.