as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to local government; encouraging local 1.3 planning; requiring the office of strategic and 1.4 long-range planning to assist local governments in 1.5 planning; amending Minnesota Statutes 1998, sections 1.6 4A.08; 4A.09; 4A.10; 394.22, subdivision 9, and by 1.7 adding a subdivision; 394.232, subdivisions 1, 2, 3, 1.8 4, 5, 6, and by adding subdivisions; 462.352, 1.9 subdivision 5; 462.3535, subdivisions 1, 2, 3, 4, 6, 1.10 7, 8, and 9; Laws 1999, chapter 250, article 1, 1.11 sections 115 and 116; proposing coding for new law in 1.12 Minnesota Statutes, chapter 4A; repealing Minnesota 1.13 Statutes 1998, sections 394.232, subdivisions 7 and 8; 1.14 and 462.3535, subdivisions 5 and 10. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 1998, section 4A.08, is 1.17 amended to read: 1.18 4A.08 [COMMUNITY-BASED PLANNINGSTATE PLANNING GOALS.] 1.19 Thegoals of community-basedstate's goals in planning are: 1.20 (1) [CITIZEN PARTICIPATION.] To develop acommunity-based1.21 planning process with broad citizen participation in order to 1.22 build local capacity to plan for sustainable development and to 1.23 benefit from the insights, knowledge, and support of local 1.24 residents. The process must include at least one citizen from1.25each affected unit of local government; 1.26 (2) [COOPERATION.] To promote cooperation amongcommunities1.27 all levels of government in order to work towards the most 1.28 efficient, planned,and cost-effective delivery of government 1.29 servicesby, among other means, facilitating cooperative1.30agreements among adjacent communitiesandto coordinate planning2.1 to ensure compatibility ofone community's development with2.2development of neighboring communitiesactions across 2.3 Minnesota's governments and agencies; 2.4 (3) [ECONOMIC DEVELOPMENT.] To create sustainable economic 2.5 development strategiesand providethat enhance economic 2.6 opportunities throughout the statethat will achieve a balanced2.7distribution of growth statewide; 2.8 (4) [CONSERVATION.] To protect,preserveconserve, and 2.9 enhance the state's resources, includingagricultural land,2.10forests,surface water and groundwater,recreation andopen 2.11 space,scenic areas, andsignificant historic and archaeological 2.12 sites, farmland, and other lands that maintain ecosystem health 2.13 and support tourism and natural resource-based industries; 2.14 (5) [LIVABLECOMMUNITY DESIGN.] To strengthen communities 2.15 byfollowing the principles of livable community design in2.16 fostering development and redevelopment, including integration2.17of all income and age groups, mixed land uses and compact2.18development, affordable and life-cycle housing, green spaces,2.19access to public transit, bicycle and pedestrian ways, and2.20enhanced aesthetics and beauty in public spacesthat enhance 2.21 communities' unique characteristics and the qualities that make 2.22 them desirable and safe places in which to live; 2.23 (6) [HOUSING.] To provide and preserve an adequate supply 2.24 of affordableand life-cyclehousing throughout the state to 2.25 accommodate people at various stages of their lives; 2.26 (7) [TRANSPORTATION.] Tofocus on the movement of people2.27and goods, rather than on the movement of automobiles, in2.28transportation planning, and to maximize the efficient use of2.29the transportation infrastructure by increasing the availability2.30and use of appropriate public transit throughout the state2.31through land-use planning and design that makes public transit2.32economically viable and desirableprovide and preserve an 2.33 enhanced mix of transportation options that efficiently move 2.34 people, goods, and information; 2.35 (8)[LAND-USE PLANNING.] To establish a community-based2.36framework as a basis for all decisions and actions related to3.1land use;3.2(9)[PUBLIC INVESTMENTS.] To account for the full 3.3 environmental, social, and economic costs ofnew development,3.4including infrastructure costs such as transportation, sewers3.5and wastewater treatment, water, schools, recreation, and open3.6space, and plan the funding mechanisms necessary to cover the3.7costs of the infrastructurepublic investments in order to make 3.8 efficient and effective use of existing infrastructure and 3.9 minimize future costs; 3.10(10) [PUBLIC EDUCATION.] To support research and public3.11education on a community's and the state's finite capacity to3.12accommodate growth, and the need for planning and resource3.13management that will sustain growth; and3.14(11)(9) [SUSTAINABLE DEVELOPMENT.] To provide a better 3.15 quality of life for all residents while maintaining nature's 3.16 ability to function over time by minimizing waste, preventing 3.17 pollution, promoting efficiency, and developing local resources 3.18 to revitalize the local economy. 3.19 Sec. 2. Minnesota Statutes 1998, section 4A.09, is amended 3.20 to read: 3.21 4A.09 [TECHNICAL ASSISTANCE.] 3.22 The office shall provide local governments technical and 3.23 financial assistance in preparing their comprehensive plans to 3.24 meet thecommunity-basedplanning goals in section 4A.08. 3.25 Sec. 3. Minnesota Statutes 1998, section 4A.10, is amended 3.26 to read: 3.27 4A.10 [PLAN REVIEW AND COMMENT.] 3.28 The office shall review and comment oncommunity-based3.29 comprehensive plans prepared by counties, including the 3.30community-basedcomprehensive plans of municipalities and towns 3.31 that are incorporated into a county's plan, as required in 3.32 section 394.232, subdivision 3. 3.33 Sec. 4. [4A.11] [COMPREHENSIVE PLANNING ASSISTANCE.] 3.34 Subdivision 1. [COMPREHENSIVE PLANNING 3.35 ASSISTANCE.] "Comprehensive planning assistance" means but is 3.36 not limited to: guidance documents covering such topics as 4.1 orderly annexation agreements, model agreements, and model 4.2 ordinances; organizational structures for the planning process, 4.3 capital improvement planning, housing, economic development, 4.4 public participation, and urban growth area development; 4.5 coordination of state agency involvement in local comprehensive 4.6 planning; application of GIS and other technology; and 4.7 population projections, estimates, and other available data 4.8 including soils, geology, transportation facilities, natural 4.9 areas, and other physical data. 4.10 Subd. 2. [MINNESOTA PLANNING TO PROVIDE ASSISTANCE.] The 4.11 office of strategic and long-range planning must provide 4.12 comprehensive planning assistance to local units of government. 4.13 The office may provide technical assistance and review and 4.14 comment on comprehensive plans prepared by counties, 4.15 municipalities, and towns, but it may not require changes to a 4.16 plan or withhold assistance. 4.17 Sec. 5. Minnesota Statutes 1998, section 394.22, 4.18 subdivision 9, is amended to read: 4.19 Subd. 9. [COMPREHENSIVE PLAN.] "Comprehensive plan" means 4.20 the policies,statements,objectives, statement of goals, and 4.21interrelated plans for private and public land and water use,4.22transportation, and community facilitiesmaps for guiding the 4.23 physical, social and economic development, both private and 4.24 public, of the county and its environs and may include, but is 4.25 not limited to, the following: a land use plan, including urban 4.26 growth areas and proposed densities for development; a county 4.27 facilities plan; a transportation plan; a parks and open space 4.28 plan; a sewer plan; an energy plan; a water resource plan; a 4.29 solid waste plan; a human services plan; an environmental 4.30 protection plan; a growth management plan; a capital improvement 4.31 program; an agricultural preservation plan; and a housing plan, 4.32 including recommendations for plan execution, documented in 4.33 texts, ordinances and maps which constitute the guide for the 4.34 future development of the county or any portion of the county. 4.35 Sec. 6. Minnesota Statutes 1998, section 394.22, is 4.36 amended by adding a subdivision to read: 5.1 Subd. 13. [URBAN GROWTH AREA.] "Urban growth area" means 5.2 the identified area around an urban area within which there is a 5.3 sufficient supply of developable land for at least a prospective 5.4 20-year period, based on demographic forecasts and the time 5.5 reasonably required to effectively provide municipal services to 5.6 the identified area. 5.7 Sec. 7. Minnesota Statutes 1998, section 394.232, 5.8 subdivision 1, is amended to read: 5.9 Subdivision 1. [GENERAL.] Each county is encouraged to 5.10prepare and implement a community-based comprehensive plan. A5.11community-based comprehensive plan is a comprehensive plan that5.12is consistent with the goals of community-based5.13planningconsider the state's planning goals contained in 5.14 section 4A.08. The board has the power and authority to prepare 5.15 and adopt by ordinance a comprehensive plan. A comprehensive 5.16 plan, when adopted by ordinance, must be the basis for official 5.17 controls adopted under sections 394.21 to 394.37. 5.18 Sec. 8. Minnesota Statutes 1998, section 394.232, is 5.19 amended by adding a subdivision to read: 5.20 Subd. 1a. [CITIZEN PARTICIPATION.] Each county is 5.21 encouraged to develop a planning process with broad citizen 5.22 participation that is early and continuous in order to build 5.23 local capacity to plan for sustainable development and to 5.24 benefit from the insights, knowledge, and support of local 5.25 residents. 5.26 Sec. 9. Minnesota Statutes 1998, section 394.232, 5.27 subdivision 2, is amended to read: 5.28 Subd. 2. [NOTICE AND PARTICIPATION.] Notice must be given 5.29 at the beginning of thecommunity-basedcomprehensive planning 5.30 process to the office of strategic and long-range planning,the5.31department of natural resources, the department of agriculture,5.32the department of trade and economic development, the board of5.33soil and water resources, the pollution control agency, the5.34department of transportation,local government units, and local 5.35 citizens to actively participate in the development of the 5.36 plan.An agency that is invited to participate in the6.1development of a local plan but declines to do so and fails to6.2participate or to provide written comments during the plan6.3development process waives the right during the office's review6.4and comment period to submit comments, except for comments6.5concerning consistency of the plan with laws and rules6.6administered by the agency. In determining the merit of the6.7agency comment, the office shall consider the involvement of the6.8agency in the development of the plan.The office of strategic 6.9 and long-range planning will notify other state agencies about 6.10 the county's comprehensive planning process and coordinate their 6.11 participation. 6.12 Sec. 10. Minnesota Statutes 1998, section 394.232, is 6.13 amended by adding a subdivision to read: 6.14 Subd. 2a. [URBAN GROWTH AREAS.] Counties are encouraged to 6.15 identify urban growth areas within their comprehensive plan when 6.16 urban growth is expected beyond existing city boundaries during 6.17 the next 20 years. Counties should invite the affected city and 6.18 town to participate with the county in the identification of 6.19 urban growth areas. 6.20 Sec. 11. Minnesota Statutes 1998, section 394.232, 6.21 subdivision 3, is amended to read: 6.22 Subd. 3. [COORDINATION.] A county that prepares a 6.23community-basedcomprehensive plan shall coordinate its plan 6.24 with the plans of its neighbors and its constituent 6.25 municipalities and towns in order both to prevent its plan from 6.26 having an adverse impact on other jurisdictions and to 6.27 complement plans of other jurisdictions. The county's 6.28community-basedcomprehensive plan must incorporate the 6.29community-basedcomprehensive plan of any municipality or town 6.30 in the county prepared in accordance with section 462.3535. A 6.31 county may incorporate a municipal or towncommunity-based6.32 comprehensive plan by reference. 6.33 Sec. 12. Minnesota Statutes 1998, section 394.232, 6.34 subdivision 4, is amended to read: 6.35 Subd. 4. [JOINT PLANNING.] Under the joint exercise of 6.36 powers provisions in section 471.59, a county may establish a 7.1 joint planning district with other counties, municipalities, and 7.2 towns, that are geographically contiguous, to adopt a single 7.3community-basedcomprehensive plan for the district. The county 7.4 may delegate its authority to adopt official controls under this 7.5 chapter to the board of the joint planning district. 7.6 Sec. 13. Minnesota Statutes 1998, section 394.232, 7.7 subdivision 5, is amended to read: 7.8 Subd. 5. [REVIEW AND COMMENT.] (a) The county or joint 7.9 planning district shall submit itscommunity-basedcomprehensive 7.10 plan to the office of strategic and long-range planning for 7.11 coordinated state agency review ofthe extent to which the plan7.12promotes local citizen participation, promotes cooperation among7.13adjacent communities, and demonstrates consideration of the7.14community-based planning goals in section 4A.08consistency with 7.15 state laws and rules or impact on major state systems or plans. 7.16 The office has 60 days after submittal to comment on the plan. 7.17 (b)The office may not disapprove a community-based7.18comprehensive plan if the office determines that the plan7.19promotes local citizen participation, promotes cooperation among7.20adjacent communities, and demonstrates consideration of the7.21community-based planning goals in section 4A.08.7.22(c) If the office disagrees with a community-based7.23comprehensive plan or any elements of the plan, the office shall7.24notify the county or district in writing of how the plan7.25specifically fails to address the goals of community-based7.26planning.Upon receipt of the office's written comments, the 7.27 county or district has 120 days torevise the community-based7.28comprehensive plan and resubmit it to the office for7.29reconsiderationconsider and respond to the office's written 7.30 comments. 7.31(d) If the county or district refuses to revise the plan or7.32the office disagrees with the revised plan, the office shall7.33within 60 days notify the county or district that it wishes to7.34initiate the dispute resolution process in chapter 572A.7.35(e) Within 60 days of notice from the office, the county or7.36joint planning district shall notify the office of its intent to8.1enter the dispute resolution process. If the county or district8.2refuses to enter the dispute resolution process, the county or8.3district is ineligible for any future grant disbursements8.4related to community-based planning activities through the8.5office.8.6(f) Priority for other state grants, loans, and other8.7discretionary spending must not be given to local units of8.8government based on their participation in community-based8.9planning.8.10 Sec. 14. Minnesota Statutes 1998, section 394.232, 8.11 subdivision 6, is amended to read: 8.12 Subd. 6. [PLAN UPDATE.] The county board, or the board of 8.13 the joint planning district,shallis encouraged to review and 8.14 update thecommunity-basedcomprehensive plan periodically, but 8.15 at least every ten years, and submit the updated plan to the 8.16 office of strategic and long-range planning for review and 8.17 comment. 8.18 Sec. 15. Minnesota Statutes 1998, section 462.352, 8.19 subdivision 5, is amended to read: 8.20 Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 8.21 municipal plan" means a compilation of policy statements, goals, 8.22 standards, and maps for guiding the physical, social and 8.23 economic development, both private and public, of the 8.24 municipality and its environs, including air space and 8.25 subsurface areas necessary for mined underground space 8.26 development pursuant to sections 469.135 to 469.141, and may 8.27 include, but is not limited to, the following: statements of 8.28 policies, goals, standards, a land use plan, including proposed 8.29 densities for development, a community facilities plan, a 8.30 transportation plan, an urban growth area plan, a parks and open 8.31 space plan, a sewer plan, an energy plan, a water resource plan, 8.32 a solid waste plan, a human services plan, an environmental 8.33 protection plan, a growth management plan, a capital improvement 8.34 program, an agricultural preservation plan, a housing plan, and 8.35 recommendations for plan execution. A comprehensive plan 8.36 represents the planning agency's recommendations for the future 9.1 development of the community. 9.2 Sec. 16. Minnesota Statutes 1998, section 462.3535, 9.3 subdivision 1, is amended to read: 9.4 Subdivision 1. [GENERAL.] Each municipality is encouraged 9.5 toprepare and implement a community-based comprehensive9.6municipal plan. A community-based comprehensive municipal plan9.7is a comprehensive plan that is consistent with the goals of9.8community-based planningconsider the state's goals contained in 9.9 section 4A.08. Each municipality is encouraged to develop a 9.10 planning process with broad citizen participation that is early 9.11 and continuous in order to build local capacity to plan for 9.12 sustainable development and to benefit from the insights, 9.13 knowledge, and support of local residents. 9.14 Sec. 17. Minnesota Statutes 1998, section 462.3535, 9.15 subdivision 2, is amended to read: 9.16 Subd. 2. [COORDINATION.] A municipality that prepares 9.17 acommunity-basedcomprehensive municipal plan shall coordinate 9.18 its plan with the plans, if any, of the county and the 9.19 municipality's neighbors both in order to prevent the plan from 9.20 having an adverse impact on other jurisdictions and to 9.21 complement the plans of other jurisdictions. The municipality 9.22 shall prepare its plan to be incorporated into the county's 9.23community-basedcomprehensive plan, if the county is preparing 9.24 or has prepared one, and shall otherwise assist and cooperate 9.25 with the county in itscommunity-basedcomprehensive planning. 9.26 Sec. 18. Minnesota Statutes 1998, section 462.3535, 9.27 subdivision 3, is amended to read: 9.28 Subd. 3. [JOINT PLANNING.] Under the joint exercise of 9.29 powers provisions in section 471.59, a municipality may 9.30 establish a joint planning district with other municipalities or 9.31 counties that are geographically contiguous, to adopt a single 9.32community-basedcomprehensive plan for the district. A 9.33 municipality may delegate its authority to adopt official 9.34 controls under sections 462.351 to 462.364, to the board of the 9.35 joint planning district. 9.36 Sec. 19. Minnesota Statutes 1998, section 462.3535, 10.1 subdivision 4, is amended to read: 10.2 Subd. 4. [CITIES; URBAN GROWTH AREAS.] (a) The 10.3community-basedcomprehensive municipal plan for a statutory or 10.4 home rule charter city, and official controls to implement the 10.5 plan,mustshould at a minimum, address any urban growth area 10.6 identified in a county plan and may establish an urban growth 10.7 area for the urbanized and urbanizing area. The city planmust10.8 should establish a staged process for boundary adjustment to 10.9 include the urbanized or urbanizing area within corporate limits 10.10 as the urban growth area is developed and provided municipal 10.11 services. 10.12 (b) Within the urban growth area, the planmustshould 10.13 provide for the staged provision of urban services, including, 10.14 but not limited to, water, wastewater collection and treatment, 10.15 and transportation. 10.16 Sec. 20. Minnesota Statutes 1998, section 462.3535, 10.17 subdivision 6, is amended to read: 10.18 Subd. 6. [REVIEW BY ADJACENT MUNICIPALITIES; CONFLICT10.19RESOLUTION.] Before acommunity-basedcomprehensive municipal 10.20 plan is incorporated into the county's plan under section 10.21 394.232, subdivision 3,a municipality's community-based10.22comprehensive municipal plan must be coordinated with adjacent10.23municipalities within the countymunicipalities are encouraged 10.24 to coordinate with neighboring local governments. As soon as 10.25 practical after the development of acommunity-based10.26 comprehensive municipal plan, the municipalityshallshould 10.27 provide a copy of the draft plan toadjacent municipalities10.28within the countyneighboring local governments for review and 10.29 comment.An adjacent municipality has 30 days after receipt to10.30review the plan and submit written comments.10.31 Sec. 21. Minnesota Statutes 1998, section 462.3535, 10.32 subdivision 7, is amended to read: 10.33 Subd. 7. [COUNTY REVIEW.] (a) If a city does not plan for 10.34 growth beyond its current boundaries, the city shall submit 10.35 itscommunity-basedcomprehensive municipal plan to the county 10.36 for review and comment. A county has 60 days after receipt to 11.1 review the plan and submit written comments to the city. The 11.2 city may amend its plan based upon the county's comments. 11.3 (b) If a town prepares acommunity-basedcomprehensive 11.4 plan, it shall submit the plan to the county for review and 11.5 comment. As provided in section 394.33, the town plan may not 11.6 be inconsistent with or less restrictive than the county plan. 11.7 A county has 60 days after receipt to review the plan and submit 11.8 written comments to the town. The town may amend its plan based 11.9 on the county's comment. 11.10 Sec. 22. Minnesota Statutes 1998, section 462.3535, 11.11 subdivision 8, is amended to read: 11.12 Subd. 8. [COUNTY APPROVAL.] (a) If a city plans for growth 11.13 beyond its current boundaries, the city's proposed 11.14community-basedcomprehensive municipal plan and proposed urban 11.15 growth area must be reviewed and approved by the countybefore11.16the plan is incorporated into the county's plan. The county may 11.17 review and provide comments on any orderly annexation agreement 11.18 during the same period of review of a comprehensive plan. 11.19 (b) Upon receipt by the county of acommunity-based11.20 comprehensive plan submitted by a city for review and approval 11.21 under this subdivision, the county shall, within 60 days of 11.22 receipt of a city plan, review and approve the planin11.23accordance with this subdivision. The county shall review and11.24approve the city planif it is consistent with thegoals stated11.25in section 4A.08county plan. 11.26(c) In the event the county does not approve the plan, the11.27county shall submit its comments to the city within 60 days.11.28The city may, thereafter, amend the plan and resubmit the plan11.29to the county. The county shall have an additional 60 days to11.30review and approve a resubmitted plan. In the event the county11.31and city are unable to come to agreement, either party may11.32initiate the dispute resolution process contained in chapter11.33572A. Within 30 days of receiving notice that the other party11.34has initiated dispute resolution, the city or county shall send11.35notice of its intent to enter dispute resolution. If the city11.36refuses to enter the dispute resolution process, it must refund12.1any grant received from the county for community-based planning12.2activities.12.3 Sec. 23. Minnesota Statutes 1998, section 462.3535, 12.4 subdivision 9, is amended to read: 12.5 Subd. 9. [PLAN ADOPTION.] The municipality shall not adopt 12.6 and implement thecommunity-basedcomprehensive municipal plan 12.7 containing urban growth areas that are outside the existing 12.8 corporate limits until after theoffice of strategic and12.9long-range planning has reviewed and commented on the county's12.10plan that incorporates the municipality's plan. The12.11municipality shall thereafter, where it deems appropriate,12.12incorporate any comments made by the office into its plan and12.13adopt the plancounty has reviewed and approved the municipal 12.14 plan. 12.15 Sec. 24. Laws 1999, chapter 250, article 1, section 115, 12.16 is amended to read: 12.17 Sec. 115. [REPEALER.] 12.18 (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed. 12.19 (b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92; 12.20 16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed. 12.21 (c) Laws 1991, chapter 235, article 5, section 3, as 12.22 amended by Laws 1995, chapter 254, article 1, section 91, is 12.23 repealed. 12.24 (d) Minnesota Statutes 1998, section 16A.1285, subdivisions 12.25 4 and 5, are repealed. 12.26 (e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 12.27 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 12.28 207A.10, are repealed. 12.29 (f) S.F. No. 2223 of the 1999 regular session, if enacted, 12.30 is repealed. 12.31(g) Minnesota Statutes 1998, sections 4A.08; 4A.09; and12.324A.10, are repealed.12.33 Sec. 25. Laws 1999, chapter 250, article 1, section 116, 12.34 is amended to read: 12.35 Sec. 116. [EFFECTIVE DATE.] 12.36 (a) Section 41 is effective January 1, 2001. Section 43 is 13.1 effective July 1, 2000, with respect to preparation of the model 13.2 policies and procedures by the commissioner of administration, 13.3 and January 1, 2001, with respect to the other provisions of 13.4 section 43. 13.5 (b) Sections 62 to 64 and 93 are effective January 1, 2001. 13.6 (c) Sections 94 to 100 are effective the day following 13.7 final enactment. 13.8 (d) Sections 47, 49, 55, and 115,paragraphs13.9 paragraph (d)and (g), are effective July 1, 2001. 13.10 (e) Section 61 is effective the day following final 13.11 enactment and applies only to contracts executed on or after 13.12 that date. 13.13 (f) The commissioner of employee relations may not 13.14 implement the long-term care insurance plan under section 78 13.15 until April 1, 2000. 13.16 Sec. 26. [CONTINUOUS EFFECT.] 13.17 Minnesota Statutes 1998, sections 4A.08, 4A.09, and 4A.10, 13.18 to be repealed by Laws 1999, chapter 250, article 1, section 13.19 115, paragraph (g), effective July 1, 2001, by Laws 1999, 13.20 chapter 250, article 1, section 116, paragraph (d), are by 13.21 virtue of sections 24 and 25 not to be repealed; rather they 13.22 remain in continuous effect. 13.23 Sec. 27. [REPEALER.] 13.24 Minnesota Statutes 1998, sections 394.232, subdivisions 7 13.25 and 8; and 462.3535, subdivisions 5 and 10, are repealed.