HF 3451

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to governmental operations; regulating certain historic properties;
providing standards for dedication of land to the public in a proposed
development; authorizing a dedication fee on certain new housing units;
authorizing the conveyance of certain surplus state lands; requiring a study and
report; removing a route from the trunk highway system; amending Minnesota
Statutes 2004, section 462.358, subdivision 2b; proposing coding for new law
in Minnesota Statutes, chapter 15; repealing Minnesota Statutes 2004, section
161.115, subdivisions 173, 225.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [15.995] HISTORIC PUBLICLY OWNED BUILDINGS.
new text end

new text begin A city located within 150 miles of the Minnesota State Capitol that has a population,
according to the 2000 census, of more than 7,000 and less than 8,000 and is located in a
county that has a population according to that census of more than 31,000 and less than
32,000 must not sell, lease, or contract property it owns that is listed on the National
Register of Historic Places, unless the political subdivision first:
new text end

new text begin (1) notifies the Minnesota Historical Society and waits at least two years, during
which the political subdivision must request of and receive from the Minnesota Historical
Society a study of the best use of the property in order to ascertain and preserve the
historical value of the property and ensure public use; and
new text end

new text begin (2) requests of and receives from the Department of Administration an inventory and
appraisal of the affected real and personal property to determine its value.
new text end

new text begin The Department of Administration and the Minnesota Historical Society must jointly
report their findings to the chairs and ranking minority members of legislative committees
with jurisdiction over state government finance. The requesting political subdivision must
pay the Minnesota Historical Society and the Department of Administration for services
provided under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 462.358, subdivision 2b, is amended to read:

Subd. 2b.

Dedication.

(a) The regulations may require that a reasonable portion
of new text begin the buildable land, as defined by municipal ordinance, of new text end any proposed subdivision be
dedicated to the public or preserved for public use as streets, roads, sewers, electric,
gas, and water facilities, storm water drainage and holding areas or ponds and similar
utilities and improvements new text begin , parks, recreational facilities as defined in section 471.191,
playgrounds, trails, wetlands, or open space. The requirement must be imposed by
ordinance or under the procedures established in section 462.353, subdivision 4a new text end .

deleted text begin (b) In addition, the regulations may require that a reasonable portion of any proposed
subdivision be dedicated to the public or preserved for conservation purposes or for
public use as parks, recreational facilities as defined and outlined in section 471.191,
playgrounds, trails, wetlands, or open space; provided that (1) the municipality may
choose to accept an equivalent amount in cash from the applicant for part or all of the
portion required to be dedicated to such public uses or purposes based on the fair market
value of the land no later than at the time of final approval, (2) any cash payments received
shall be placed in a special fund by the municipality used only for the purposes for which
the money was obtained, and may not be used for ongoing operation or maintenance, (3) in
establishing the reasonable portion to be dedicated, the regulations may consider the open
space, park, recreational, or common areas and facilities which the applicant proposes to
reserve for the subdivision, and (4) the municipality reasonably determines that it will
need to acquire that portion of land for the purposes stated in this paragraph as a result
of approval of the subdivision. The basis for calculating the amount to be dedicated or
preserved must be established by ordinance or pursuant to the procedures established in
section 462.353, subdivision 4a. deleted text end new text begin (b) If a municipality adopts the ordinance or proceeds
under section 462.353, subdivision 4a, as required by paragraph (a), the municipality must
adopt a capital improvement budget and have a parks and open space plan or have a
parks, trails, and open space component in its comprehensive plan subject to the terms
and conditions in this paragraph and paragraphs (c) to (i).
new text end

new text begin (c) The municipality may choose to accept a cash fee as set by ordinance from the
applicant for some or all of the new lots created in the subdivision, based on fair market
value of the land, no later than at the time of final approval.
new text end

new text begin (d) In establishing the portion to be dedicated or preserved or the cash fee, the
regulations shall give due consideration to the open space, recreational, or common areas
and facilities open to the public that the applicant proposes to reserve for the subdivision.
new text end

new text begin (e) The municipality must reasonably determine that it will need to acquire that
portion of land for the purposes stated in this subdivision as a result of approval of the
subdivision.
new text end

new text begin (f) Cash payments received must be placed by the municipality in a special fund to
be used only for the purposes for which the money was obtained.
new text end

new text begin (g) Cash payments received must be used only for the acquisition and development
or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open
space based on the approved park systems plan. Cash payments must not be used for
ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails,
wetlands, or open space.
new text end

new text begin (h) The municipality must not deny the approval of a subdivision based solely on
an inadequate supply of parks, open spaces, trails, or recreational facilities within the
municipality.
new text end

new text begin (i) Previously subdivided property from which a park dedication has been received,
being resubdivided with the same number of lots, is exempt from park dedication
requirements. If, as a result of resubdividing the property, the number of lots is increased,
then the park dedication or per-lot cash fee must apply only to the net increase of lots.
new text end

Sec. 3. new text begin DEDICATION FEE.
new text end

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

Sec. 4. new text begin CONVEYANCE OF SURPLUS STATE LAND AT BRAINERD
REGIONAL TREATMENT CENTER.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, or any other
law, administrative rule, or commissioner's order to the contrary, the commissioner of
administration may convey to a local unit of government for no consideration all or part of
the real property at the Brainerd Regional Treatment Center for public purposes consistent
with the master plan and reuse study. The conveyance must be in a form approved by the
attorney general and subject to Minnesota Statutes, section 16A.695.
new text end

new text begin (b) The commissioner may require the local unit of government to reimburse the
state for all or part of any campus redevelopment funded and completed by the state.
new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 16C.23, the commissioner of
administration may convey to one or more local units of government for no consideration
all or part of the personal property determined by the commissioner of human services to
be no longer needed for human services operations.
new text end

new text begin (d) If a local unit of government sells any property conveyed under this section to a
private entity, the sale must be at fair market value.
new text end

Sec. 5. new text begin GRAND MOUND STATE HISTORIC SITE STUDY.
new text end

new text begin Subdivision 1. new text end

new text begin Study. new text end

new text begin The Minnesota Historical Society, in consultation with
Koochiching County, the Minnesota Indian Affairs Council, interested Indian tribes,
and other interested groups and individuals, shall study the future of the Grand Mound
State Historic Site.
new text end

new text begin Subd. 2. new text end

new text begin Report to legislature. new text end

new text begin The Minnesota Historical Society shall report
its findings and recommendations to the appropriate legislative committees by January
30, 2007.
new text end

Sec. 6. new text begin REPEALERS; HIGHWAY CHANGES; REVISOR INSTRUCTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative Route No. 242 removed. new text end

new text begin (a) Minnesota Statutes 2004,
section 161.115, subdivision 173, new text end new text begin is repealed effective the day after the commissioner
of transportation receives a copy of the agreement between the commissioner and the
Anoka County Board transferring jurisdiction of Legislative Route No. 242 and notifies
the revisor of statutes under paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor in
writing that the conditions required to transfer the route are satisfied.
new text end

new text begin Subd. 2. new text end

new text begin Legislative Route No. 294 removed. new text end

new text begin (a) Minnesota Statutes 2004,
section 161.115, subdivision 225, new text end new text begin is repealed effective the day after the commissioner
of transportation receives a copy of the agreement between the commissioner and the
Willmar City Council transferring jurisdiction of Legislative Route No. 294 and notifies
the revisor of statutes under paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor in
writing that the conditions required to transfer the route are satisfied.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Section 3 is effective upon compliance by the Minneapolis Parks and Recreation
Board and the Minneapolis City Council with Minnesota Statutes, section 645.021.
new text end