1.1 	A bill for an act
1.2 	relating to governmental operations; regulating certain historic properties; 
1.3 	providing standards for dedication of land to the public in a proposed 
1.4 	development; authorizing a dedication fee on certain new housing units; 
1.5 	authorizing the conveyance of certain surplus state lands; requiring a study and 
1.6 	report; removing a route from the trunk highway system;amending Minnesota 
1.7 	Statutes 2004, section 462.358, subdivision 2b; proposing coding for new law 
1.8 	in Minnesota Statutes, chapter 15; repealing Minnesota Statutes 2004, section 
1.9 	161.115, subdivisions 173, 225.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. [15.995] HISTORIC PUBLICLY OWNED BUILDINGS.
1.12 	A city located within 150 miles of the Minnesota State Capitol that has a population, 
1.13 	according to the 2000 census, of more than 7,000 and less than 8,000 and is located in a 
1.14 	county that has a population according to that census of more than 31,000 and less than 
1.15 	32,000 must not sell, lease, or contract property it owns that is listed on the National 
1.16 	Register of Historic Places, unless the  political subdivision first:
1.17 	(1)  notifies the Minnesota Historical Society and waits at least two years, during 
1.18 	which the political subdivision must request of and receive from the Minnesota Historical 
1.19 	Society a study of the best use of the property in order to ascertain and preserve the 
1.20 	historical value of the property and ensure public use; and 
1.21 	(2) requests of and receives from the Department of Administration an inventory and 
1.22 	appraisal of the affected real and personal property to determine its value. 
1.23 	The Department of Administration and the Minnesota Historical Society must jointly 
1.24 	report their findings to the chairs and ranking minority members of legislative committees 
1.25 	with jurisdiction over state government finance. The requesting political subdivision must 
2.1 	pay the Minnesota Historical Society and the Department of Administration for services 
2.2 	provided under this section.

2.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.4 	Sec. 2. Minnesota Statutes 2004, section 462.358, subdivision 2b, is amended to read:
2.5 		Subd. 2b.Dedication. (a) The regulations may require that a reasonable portion 
2.6 	of the buildable land, as defined by municipal ordinance, of any proposed subdivision be 
2.7 	dedicated to the public or preserved for public use as streets, roads, sewers, electric, 
2.8 	gas, and water facilities, storm water drainage and holding areas or ponds and similar 
2.9 	utilities and improvements, parks, recreational facilities as defined in section 471.191, 
2.10 	playgrounds, trails, wetlands, or open space. The requirement must be imposed by 
2.11 	ordinance or under the procedures established in section 462.353, subdivision 4a.
2.12 	(b) In addition, the regulations may require that a reasonable portion of any proposed 
2.13 	subdivision be dedicated to the public or preserved for conservation purposes or for 
2.14 	public use as parks, recreational facilities as defined and outlined in section  471.191, 
2.15 	playgrounds, trails, wetlands, or open space; provided that (1) the municipality may 
2.16 	choose to accept an equivalent amount in cash from the applicant for part or all of the 
2.17 	portion required to be dedicated to such public uses or purposes based on the fair market 
2.18 	value of the land no later than at the time of final approval, (2) any cash payments received 
2.19 	shall be placed in a special fund by the municipality used only for the purposes for which 
2.20 	the money was obtained, and may not be used for ongoing operation or maintenance, (3) in 
2.21 	establishing the reasonable portion to be dedicated, the regulations may consider the open 
2.22 	space, park, recreational, or common areas and facilities which the applicant proposes to 
2.23 	reserve for the subdivision, and (4) the municipality reasonably determines that it will 
2.24 	need to acquire that portion of land for the purposes stated in this paragraph as a result 
2.25 	of approval of the subdivision. The basis for calculating the amount to be dedicated or 
2.26 	preserved must be established by ordinance or pursuant to the procedures established in 
2.27 	section  462.353, subdivision 4a. (b) If a municipality adopts the ordinance or proceeds 
2.28 	under section 462.353, subdivision 4a, as required by paragraph (a), the municipality must 
2.29 	adopt a capital improvement budget and have a parks and open space plan or have a 
2.30 	parks, trails, and open space component in its comprehensive plan subject to the terms 
2.31 	and conditions in this paragraph and paragraphs (c) to (i).
2.32 	(c) The municipality may choose to accept a  cash fee as set by ordinance from the 
2.33 	applicant for some or all of the new lots created in the subdivision, based on fair market 
2.34 	value of the land, no later than at the time of final approval.
3.1 	(d) In establishing the portion to be dedicated or preserved or the  cash fee, the 
3.2 	regulations shall give due consideration to the open space, recreational, or common areas 
3.3 	and facilities open to the public that the applicant proposes to reserve for the subdivision.
3.4 	(e) The municipality must reasonably determine that it will need to acquire that 
3.5 	portion of land for the purposes stated in this subdivision as a result of approval of the 
3.6 	subdivision.
3.7 	(f) Cash payments received must be placed by the municipality in a special fund to 
3.8 	be used only for the purposes for which the money was obtained.
3.9 	(g) Cash payments received must be used only for the acquisition and development 
3.10 	or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open 
3.11 	space based on the approved park systems plan. Cash payments must not be used for 
3.12 	ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, 
3.13 	wetlands, or open space.
3.14 	(h) The municipality must not deny the approval of a subdivision based solely on 
3.15 	an inadequate supply of parks, open spaces, trails, or recreational facilities within the 
3.16 	municipality.
3.17 	(i) Previously subdivided property from which a park dedication has been received, 
3.18 	being resubdivided with the same number of lots, is exempt from park dedication 
3.19 	requirements. If, as a result of resubdividing the property, the number of lots is increased, 
3.20 	then the park dedication or per-lot cash fee must apply only to the net increase of lots.

3.21 	Sec. 3. DEDICATION FEE.
 3.22 	The Minneapolis Park and Recreation Board and the Minneapolis City Council 
3.23 	may jointly exercise the powers conferred under Minnesota Statutes, section 462.358, 
3.24 	with respect to imposing a dedication fee on new housing units in the city, wherever 
3.25 	located, for public parks, playgrounds, recreational facilities, wetlands, or open space. The 
3.26 	dedication fee must be imposed by an ordinance jointly enacted by the park board and the 
3.27 	city council. The park dedication fee may not exceed $3,000 per new housing unit. The 
3.28 	ordinance may exclude senior housing and affordable housing from paying the fee. The 
3.29 	provisions of Minnesota Statutes, section 462.358, subdivisions 2b, paragraph (b), and 2c, 
3.30 	apply to the imposition, application, and use of the dedication fee.

3.31 	Sec. 4. CONVEYANCE OF SURPLUS STATE LAND AT BRAINERD 
3.32 	REGIONAL TREATMENT CENTER.
 3.33 	(a) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, or any other 
3.34 	law, administrative rule, or commissioner's order to the contrary, the commissioner of 
4.1 	administration may convey to a local unit of government for no consideration all or part of 
4.2 	the real property at the Brainerd Regional Treatment Center for public purposes consistent 
4.3 	with the master plan and reuse study. The conveyance must be in a form approved by the 
4.4 	attorney general and subject to Minnesota Statutes, section 16A.695.
4.5 	(b) The commissioner may require the local unit of government to reimburse the 
4.6 	state for all or part of any campus redevelopment funded and completed by the state.
4.7 	(c) Notwithstanding Minnesota Statutes, section 16C.23, the commissioner of 
4.8 	administration may convey to one or more local units of government for no consideration 
4.9 	all or part of the personal property determined by the commissioner of human services to 
4.10 	be no longer needed for human services operations.
4.11 	(d) If a local unit of government sells any property conveyed under this section to a 
4.12 	private entity, the sale must be at fair market value.

4.13 	Sec. 5. GRAND MOUND STATE HISTORIC SITE STUDY.
 4.14 		Subdivision 1.Study. The Minnesota Historical Society, in consultation with 
4.15 	Koochiching County, the Minnesota Indian Affairs Council, interested Indian tribes, 
4.16 	and other interested groups and individuals, shall study the future of the Grand Mound 
4.17 	State Historic Site.
4.18 		Subd. 2.Report to legislature. The Minnesota Historical Society shall report 
4.19 	its findings and recommendations to the appropriate legislative committees by January 
4.20 	30, 2007.

4.21 	Sec. 6.  REPEALERS; HIGHWAY CHANGES; REVISOR INSTRUCTIONS.
 4.22 		Subdivision 1.Legislative Route No. 242 removed. (a) Minnesota Statutes 2004, 
4.23 	section 161.115, subdivision 173, is repealed effective the day after the commissioner 
4.24 	of transportation receives a copy of the agreement between the commissioner and the 
4.25 	Anoka County Board transferring jurisdiction of Legislative Route No. 242 and notifies 
4.26 	the revisor of statutes under paragraph (b).
4.27 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from 
4.28 	Minnesota Statutes when the commissioner of transportation sends notice to the revisor in 
4.29 	writing that the conditions required to transfer the route are satisfied.
4.30 		Subd. 2. Legislative Route No. 294 removed. (a) Minnesota Statutes 2004, 
4.31 	section 161.115, subdivision 225, is repealed effective the day after the commissioner 
4.32 	of transportation receives a copy of the agreement between the commissioner and the 
4.33 	Willmar City Council transferring jurisdiction of Legislative Route No. 294 and notifies 
4.34 	the revisor of statutes under paragraph (b).
5.1 	(b) The revisor of statutes shall delete the route identified in paragraph (a) from 
5.2 	Minnesota Statutes when the commissioner of transportation sends notice to the revisor in 
5.3 	writing that the conditions required to transfer the route are satisfied.

5.4 	Sec. 7. EFFECTIVE DATE.
 5.5 	Section 3 is effective upon compliance by the Minneapolis Parks and Recreation 
5.6 	Board and the Minneapolis City Council with Minnesota Statutes, section 645.021.