HF 2537

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to local government; providing for 
  1.3             cooperative planning and zoning among local government 
  1.4             units; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 462. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [462.831] [COOPERATIVE PLANNING; DEFINITIONS.] 
  1.8      Subdivision 1.  [APPLICABILITY.] As used in sections 1 to 
  1.9   6, the terms defined in this section have the meanings given 
  1.10  them. 
  1.11     Subd. 2.  [LOCAL GOVERNMENT UNIT.] "Local government unit" 
  1.12  means a home rule charter or statutory city, town, or county, 
  1.13  except Hennepin or Ramsey county. 
  1.14     Subd. 3.  [GOVERNING BODY.] "Governing body," in the case 
  1.15  of a city, means the council by whatever name known; in the case 
  1.16  of a town, means the town board; and in the case of a county, 
  1.17  means the county board. 
  1.18     Subd. 4.  [DESIGNATED AREA.] "Designated area" means an 
  1.19  area encompassing only the boundary between an incorporated 
  1.20  local unit of government and an unincorporated local unit of 
  1.21  government.  The designated area may include that area within 
  1.22  the unincorporated local unit of government which lies up to two 
  1.23  miles in any direction from its joint boundary with the 
  1.24  incorporated local unit of government.  The designated area may 
  1.25  include that area within the incorporated local unit of 
  2.1   government which lies up to one-quarter mile in any direction 
  2.2   from its joint boundary with the unincorporated local unit of 
  2.3   government. 
  2.4      Sec. 2.  [462.832] [COOPERATIVE PLANNING DISCUSSION 
  2.5   MEETING.] 
  2.6      Subdivision 1.  [RESOLUTION; REQUEST.] One or more local 
  2.7   government units may request by a resolution adopted by the 
  2.8   respective governing body or bodies that a meeting be held to 
  2.9   discuss cooperative planning and land use activities between the 
  2.10  local government units named in the resolution for the 
  2.11  designated area. 
  2.12     Subd. 2.  [CONTENTS OF RESOLUTION; FILING.] The resolution 
  2.13  under subdivision 1 must name the local government units that 
  2.14  are to be parties to the meeting, describe the purpose of the 
  2.15  meeting, and describe the boundaries of the designated area.  
  2.16  The resolution must be presented to the county auditor or 
  2.17  auditors of the county or counties containing the designated 
  2.18  area.  
  2.19     Subd. 3.  [SCHEDULING AND NOTICE OF MEETING.] Within 25 
  2.20  days after receipt of the resolution, the county auditor or 
  2.21  auditors shall schedule a date, time, and place for a meeting of 
  2.22  the affected local government units.  At least 25 days before 
  2.23  the scheduled date of the meeting, the auditor or auditors shall 
  2.24  notify the affected local government units by mail of the 
  2.25  meeting and at least ten days before the meeting publish a 
  2.26  notice in a newspaper of general circulation in the designated 
  2.27  area.  The required notice shall describe the boundaries of the 
  2.28  designated area, name the affected local government units, and 
  2.29  describe the purpose of the meeting.  The public notice shall 
  2.30  constitute sufficient notice for the purposes of section 471.705 
  2.31  for each of the named local government units. 
  2.32     Subd. 4.  [MEETING; REQUIRED ATTENDANCE.] All local 
  2.33  government units named in the resolution must participate in the 
  2.34  cooperative planning discussion meeting.  The governing body of 
  2.35  each local government unit shall select at least one person to 
  2.36  represent the local government unit at the meeting. 
  3.1      Subd. 5.  [AGREEMENT TO ESTABLISH PLANNING BOARD.] Upon a 
  3.2   resolution adopted by the governing body of each local 
  3.3   government unit, a cooperative planning advisory board, or a 
  3.4   cooperative planning board, may be established without a 
  3.5   resolution initiated under section 462.833 or 462.834. 
  3.6      Sec. 3.  [462.833] [COOPERATIVE PLANNING ADVISORY BOARD.] 
  3.7      Subdivision 1.  [CREATION.] Upon request of a local 
  3.8   government unit in the designated area, by resolution presented 
  3.9   to the county auditor or auditors of the county or counties 
  3.10  containing the designated area, a cooperative advisory board 
  3.11  shall be established to review existing and future land use 
  3.12  issues affecting the designated area or part of it.  The 
  3.13  resolution must describe the boundaries of the designated area.  
  3.14  The board may make recommendations to the governing body of any 
  3.15  local government unit in the designated area.  The number of 
  3.16  board members shall be determined and appointed by the local 
  3.17  government units having jurisdiction over any part of the 
  3.18  designated area or part of it identified in the resolution.  
  3.19  Each government unit shall have an equal number of members. 
  3.20     Subd. 2.  [CERTAIN MODIFICATIONS.] The local government 
  3.21  units comprising the cooperative advisory planning board, by 
  3.22  resolution adopted by all of the respective governing bodies, 
  3.23  may:  (1) expand the membership of the board to include other 
  3.24  political subdivisions that have jurisdiction in the designated 
  3.25  area or any part of it; or (2) modify the boundaries of the 
  3.26  designated area as may be agreed upon by the local government 
  3.27  units. 
  3.28     Subd. 3.  [INITIAL MEETING AND NOTICE.] The county auditors 
  3.29  of the counties containing the designated area shall schedule 
  3.30  the first meeting and give mailed and published notice in the 
  3.31  manner provided in section 462.832, subdivision 3. 
  3.32     Sec. 4.  [462.834] [JOINT PLANNING BOARD.] 
  3.33     Subdivision 1.  [CREATION.] Upon presentation of a 
  3.34  resolution passed by all local government units on the 
  3.35  cooperative advisory board to the county auditors of the county 
  3.36  or counties containing the designated area, a cooperative 
  4.1   planning board shall be established and authorized to develop 
  4.2   plans and land use controls.  Upon creation of a cooperative 
  4.3   planning board, any cooperative advisory boards are terminated.  
  4.4   Representation on the cooperative planning board shall be the 
  4.5   same as for the cooperative advisory board. 
  4.6      Subd. 2.  [GENERAL AUTHORITY.] The cooperative planning 
  4.7   board shall serve as the planning commission within the 
  4.8   designated area for purposes of chapter 394 and sections 462.351 
  4.9   to 462.364.  Recommendations concerning the adoption and 
  4.10  amendment of plans and official controls and any other board 
  4.11  action shall be by resolution of a majority of all members of 
  4.12  the board.  All board actions and recommendations must be acted 
  4.13  upon by each local government unit represented on the 
  4.14  cooperative planning board within 60 days of receipt of 
  4.15  recommendation.  To be effective, recommendations concerning 
  4.16  plans and official controls must be approved by each local 
  4.17  government represented on the board. 
  4.18     Sec. 5.  [462.835] [STAFF.] 
  4.19     The cooperative planning board may employ staff to carry 
  4.20  out assigned duties specified in this section, unless otherwise 
  4.21  agreed to by the local government units. 
  4.22     Sec. 6.  [462.836] [DISSOLUTION.] 
  4.23     The cooperative advisory board and the joint planning board 
  4.24  may be dissolved by a resolution adopted by two-thirds of the 
  4.25  local government units represented on the board and presented to 
  4.26  the county auditors of the county or counties containing the 
  4.27  designated area.