SF 1302

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to metropolitan government; modifying various provisions governing
the Metropolitan Council; modifying comprehensive plan provisions; modifying
provisions governing metropolitan livable communities fund; authorizing the
creation of a nonprofit organization; authorizing the use of funds to establish the
foundation; requiring a report; authorizing fund transfers; amending Minnesota
Statutes 2006, sections 15.99, subdivision 2; 473.175; 473.851; 473.852,
subdivision 1; 473.854; 473.856; 473.857, subdivision 2; 473.858; 473.859,
subdivision 1; 473.866; 473.867, subdivisions 1, 2; 473.869; 473.871; repealing
Minnesota Statutes 2006, sections 473.1455; 473.247; 473.868.

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

Section 1.

Minnesota Statutes 2006, section 15.99, subdivision 2, is amended to read:

Subd. 2.

Deadline for response.

(a) Except as otherwise provided in this section,
section 462.358, subdivision 3b, new text begin or 473.175, new text end or chapter 505, and notwithstanding any
other law to the contrary, an agency must approve or deny within 60 days a written request
relating to zoning, septic systems, watershed district review, soil and water conservation
district review, or expansion of the metropolitan urban service area for a permit, license,
or other governmental approval of an action. Failure of an agency to deny a request within
60 days is approval of the request. If an agency denies the request, it must state in writing
the reasons for the denial at the time that it denies the request.

(b) When a vote on a resolution or properly made motion to approve a request fails
for any reason, the failure shall constitute a denial of the request provided that those voting
against the motion state on the record the reasons why they oppose the request. A denial
of a request because of a failure to approve a resolution or motion does not preclude an
immediate submission of a same or similar request.

(c) Except as provided in paragraph (b), if an agency, other than a multimember
governing body, denies the request, it must state in writing the reasons for the denial at the
time that it denies the request. If a multimember governing body denies a request, it must
state the reasons for denial on the record and provide the applicant in writing a statement
of the reasons for the denial. If the written statement is not adopted at the same time as
the denial, it must be adopted at the next meeting following the denial of the request but
before the expiration of the time allowed for making a decision under this section. The
written statement must be consistent with the reasons stated in the record at the time of the
denial. The written statement must be provided to the applicant upon adoption.

Sec. 2.

Minnesota Statutes 2006, section 473.175, is amended to read:

473.175 REVIEW OF COMPREHENSIVE PLANS.

Subdivision 1.

For compatibility, conformity.

The council shall review the
comprehensive plans of local governmental units, prepared and submitted pursuant
to deleted text begin Laws 1976, chapter 127, deleted text end sections deleted text begin 1 to 23 deleted text end new text begin 473.851 to 473.871 new text end , to determine their
compatibility with each other and conformity with metropolitan system plans. The council
shall review and comment on the apparent consistency of the comprehensive plans with
adopted plans of the council. The council may require a local governmental unit to
modify any comprehensive plan or part thereof if, upon the adoption of findings and a
resolution, the council concludes that the plan is more likely than not to have a substantial
impact on or contain a substantial departure from metropolitan system plans. A local unit
of government may challenge a council action under this subdivision by following the
procedures set forth in section 473.866.

Subd. 2.

120-day limit deleted text begin , hearing deleted text end .

Within 120 days following receipt of a
comprehensive plan of a local governmental unit, unless a time extension is mutually
agreed to, the council shall return to the local governmental unit a statement containing
its comments and, by resolution, its decision, if any, to require modifications to assure
conformance with the metropolitan system plans.

No action shall be taken by any local governmental unit to place any such
comprehensive plan or part thereof into effect until the council has returned the statement
to the unit and until the local governmental unit has incorporated any modifications in the
plan required by a final decision, order, or judgment made pursuant to section 473.866.
deleted text begin Promptly after submission, the council shall notify each city, town, county, or special
district which may be affected by the plans submitted, of the general nature of the plans,
the date of submission, and the identity of the submitting unit. Political subdivisions
contiguous to or within the submitting unit shall be notified in all cases. Within 30 days
after receipt of such notice any governmental unit or district so notified or the local
governmental unit submitting the plan may request the council to conduct a hearing at
which the submitting unit and any other governmental unit or subdivision may present
its views. The council may attempt to mediate and resolve differences of opinion which
exist among the participants in the hearing with respect to the plans submitted. deleted text end If within
120 days, unless a time extension is mutually agreed to, the council fails to complete its
written statement the plans shall be deemed approved and may be placed into effect. Any
amendment to a plan subsequent to the council's review shall be submitted to and acted
upon by the council in the same manner as the original plan. The written statement of the
council shall be filed with the plan of the local government unit at all places where the
plan is required by law to be kept on file.

Subd. 3.

Enforcement to get conforming plan.

If a local governmental unit fails to
adopt a comprehensive plan in accordance with deleted text begin Laws 1976, chapter 127, deleted text end sections deleted text begin 1 to 23 deleted text end new text begin
473.851 to 473.871 new text end or if the council after a public hearing by resolution finds that a plan
substantially departs from metropolitan system plans and that the local governmental unit
has not adopted a plan with modifications required pursuant to section 473.866 within
nine months following a final decision, order, or judgment made pursuant to section
473.866, the council may commence civil proceedings to enforce the provisions of deleted text begin Laws
1976, chapter 127 deleted text end , sections deleted text begin 1 to 23 deleted text end new text begin 473.851 to 473.871 new text end by appropriate legal action in the
district court where the local governmental unit is located.

Sec. 3.

Minnesota Statutes 2006, section 473.851, is amended to read:

473.851 LEGISLATIVE FINDINGS AND PURPOSE.

The legislature finds and declares that the local governmental units within the
metropolitan area are interdependent, that the growth and patterns of urbanization within
the area create the need for additional state, metropolitan and local public services and
facilities and increase the danger of air and water pollution and water shortages, and
that developments in one local governmental unit may affect the provision of regional
capital improvements for sewers, transportation, airports, water supply, and regional
recreation open space. Since problems of urbanization and development transcend local
governmental boundaries, there is a need for the adoption of coordinated plans, programs
and controls by all local governmental units in order to protect the health, safety and
welfare of the residents of the metropolitan area and to ensure coordinated, orderly and
economic development. Therefore, it is the purpose of sections 462.355 deleted text begin , subdivision
4 deleted text end , 473.175, and 473.851 to 473.871 to (1) establish requirements and procedures to
accomplish comprehensive local planning with land use controls consistent with planned,
orderly and staged development and the metropolitan system plans, and (2) to provide
assistance to local governmental units within the metropolitan area for the preparation
of plans and official controls appropriate for their areas and consistent with metropolitan
system plans.

Sec. 4.

Minnesota Statutes 2006, section 473.852, subdivision 1, is amended to read:

Subdivision 1.

Terms.

As used in sections 462.355 deleted text begin , subdivision 4 deleted text end , 473.175, and
473.851 to 473.871, the following terms shall have the meanings given them.

Sec. 5.

Minnesota Statutes 2006, section 473.854, is amended to read:

473.854 GUIDELINES.

The council shall prepare and adopt guidelines and procedures relating to the
requirements and provisions of sections 462.355 deleted text begin , subdivision 4 deleted text end , 473.175, and 473.851 to
473.871 which will provide assistance to local governmental units in accomplishing the
provisions of sections 462.355 deleted text begin , subdivision 4 deleted text end , 473.175, and 473.851 to 473.871.

Sec. 6.

Minnesota Statutes 2006, section 473.856, is amended to read:

473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.

deleted text begin Local governmental units shall consider in their initial comprehensive plans
submitted to the council any amendments or modifications to metropolitan system plans
which were made by the council and transmitted prior to January 1, 1978. Thereafter, deleted text end new text begin The
council shall prepare and transmit to each affected local governmental unit a metropolitan
system statement when the council updates or revises its comprehensive development
guide for the metropolitan area in conjunction with the decennial review required under
section 473.864, subdivision 2, and when the council amends or modifies a metropolitan
system plan. The statement shall contain information relating to the unit and appropriate
surrounding territory that the council determines necessary for the unit to consider in
reviewing the unit's comprehensive plan. The statement may include:
new text end

new text begin (1) the timing, character, function, location, projected capacity, and conditions on use
for existing or planned metropolitan public facilities, as specified in metropolitan system
plans, and for state and federal public facilities to the extent known to the council; and
new text end

new text begin (2) the population, employment, and household projections which have been used by
the council as a basis for its metropolitan system plans.
new text end

Within nine months after receiving new text begin a system statement for new text end an amendment to a
metropolitan system plan, new text begin and within three yeas after receiving a system statement issued
in conjunction with the decennial review required under section 473.864, subdivision 2,
new text end each affected local governmental unit shall review its comprehensive plan to determine
if an amendment is necessary to ensure continued conformity with metropolitan system
plans. If an amendment is necessary, the governmental unit shall prepare the amendment
and submit it to the council for review pursuant to sections 462.355 deleted text begin , subdivision 4 deleted text end ,
473.175, and 473.851 to 473.871.

Sec. 7.

Minnesota Statutes 2006, section 473.857, subdivision 2, is amended to read:

Subd. 2.

Within 60 days; report.

A hearing shall be conducted within 60 days after
the request, provided that the new text begin advisory new text end committee new text begin or the administrative law judge new text end shall
consolidate hearings on related requests. new text begin The 60-day period within which the hearing shall
be conducted may be extended or suspended by mutual agreement of the council and the
local governmental unit. new text end The hearing shall not consider the need for or reasonableness
of the metropolitan system plans or parts thereof. The hearing shall afford all interested
persons an opportunity to testify and present evidence. The advisory committee or
administrative law judge may employ the appropriate technical and professional services
of the office of dispute resolution for the purpose of evaluating disputes of fact. The
proceedings shall not be deemed a contested case. Within 30 days after the hearing, the
new text begin advisory new text end committee or deleted text begin hearing examiner deleted text end new text begin the administrative law judge new text end shall report to the
council respecting the proposed amendments to the system statements. The report shall
contain findings of fact, conclusions, and recommendations and shall apportion the costs
of the proceedings among the parties.

Sec. 8.

Minnesota Statutes 2006, section 473.858, is amended to read:

473.858 COMPREHENSIVE PLANS; LOCAL GOVERNMENTAL UNITS.

Subdivision 1.

No conflicting zoning, fiscal device, official control.

Within new text begin nine
months following the receipt of a metropolitan system statement for an amendment to a
metropolitan system plan and within new text end three years following the receipt of deleted text begin the deleted text end new text begin a new text end metropolitan
system statement new text begin issued in conjunction with the decennial review required under section
473.864, subdivision 2 new text end , every local governmental unit shall have deleted text begin prepared a deleted text end new text begin reviewed
and, if necessary, amended its new text end comprehensive plan in accordance with sections 462.355 deleted text begin ,
subdivision 4 deleted text end , 473.175, and 473.851 to 473.871 and the applicable planning statute and
shall have submitted the plan to the Metropolitan Council for review pursuant to section
473.175. The provisions of sections 462.355 deleted text begin , subdivision 4 deleted text end , 473.175, and 473.851 to
473.871 shall supersede the provisions of the applicable planning statute wherever a
conflict may exist. If the comprehensive municipal plan is in conflict with the zoning
ordinance, the zoning ordinance shall be brought into conformance with the plan by
local government units in conjunction with the review and, if necessary, amendment of
its comprehensive plan required under section 473.864, subdivision 2. After August 1,
1995, a local government unit shall not adopt any fiscal device or official control which
is in conflict with its comprehensive plan, including any amendments to the plan, or
which permits activity in conflict with metropolitan system plans, as defined by section
473.852, subdivision 8. The comprehensive plan shall provide guidelines for the timing
and sequence of the adoption of official controls to ensure planned, orderly, and staged
development and redevelopment consistent with the comprehensive plan. For purposes
of this section, a fiscal device or official control shall not be considered to be in conflict
with a local government unit's comprehensive plan or to permit an activity in conflict with
metropolitan system plans if such fiscal device or official control is adopted to ensure
the planned, orderly, and staged development of urbanization or redevelopment areas
designated in the comprehensive plan pursuant to section 473.859, subdivision 5.

Subd. 2.

Adjacent review, comment.

Local governmental units shall submit their
proposed plans to adjacent governmental units new text begin , affected special districts lying in whole or
in part within the metropolitan area, new text end and affected school districts for review and comment
at least six months prior to submission of the plan to the council and shall submit copies
to them on the submission of the plan to the council. new text begin For minor plan amendments, the
council may prescribe a shorter review and comment period, or may waive the review and
comment period if the minor plan amendments involve lands that are not contiguous to
other local governmental units.
new text end

Subd. 3.

When to council.

The plans shall be submitted to the council following
deleted text begin approval deleted text end new text begin recommendation new text end by the planning deleted text begin commission deleted text end new text begin agency new text end of the unit and after
consideration but before final approval by the governing body of the unit.

Subd. 4.

Status of old, new programs, plans, controls.

Comprehensive
plans, capital improvement programs, sewer policy plans and official controls of local
governmental units adopted prior to the requirements of sections 462.355 deleted text begin , subdivision 4 deleted text end ,
473.175, and 473.851 to 473.871 shall remain in force and effect until amended, repealed
or superseded by plans or controls adopted pursuant to sections 462.355 deleted text begin , subdivision 4 deleted text end ,
473.175, and 473.851 to 473.871. Existing comprehensive plans, capital improvement
programs, sewer policy plans, and official controls may be amended and new capital
improvement programs and official controls may be prepared and adopted prior to
the submission to the council of comprehensive plans required by sections 462.355 deleted text begin ,
subdivision 4 deleted text end , 473.175, and 473.851 to 473.871.

Sec. 9.

Minnesota Statutes 2006, section 473.859, subdivision 1, is amended to read:

Subdivision 1.

Contents.

The comprehensive plan shall contain objectives, policies,
standards and programs to guide public and private land use, development, redevelopment
and preservation for all lands and waters within the jurisdiction of the local governmental
unit through 1990 and may extend through any year thereafter which is evenly divisible by
five. Each plan shall specify expected industrial and commercial development, planned
population distribution, and local public facility capacities upon which the plan is based.
Each plan shall contain a discussion of the use of the public facilities specified in the
metropolitan system statement and the effect of the plan on adjacent local governmental
units and affected school districts. Existing plans and official controls may be used
in whole or in part following modification, as necessary, to satisfy the requirements of
sections 462.355 deleted text begin , subdivision 4 deleted text end , 473.175, and 473.851 to 473.871. Each plan may contain
an intergovernmental coordination element that describes how its planned land uses and
urban services affect other communities, adjacent local government units, the region, and
the state, and that includes guidelines for joint planning and decision making with other
communities, school districts, and other jurisdictions for siting public schools, building
public facilities, and sharing public services.

Each plan may contain an economic development element that identifies types of
mixed use development, expansion facilities for businesses, and methods for developing a
balanced and stable economic base.

The comprehensive plan may contain any additional matter which may be included
in a comprehensive plan of the local governmental unit pursuant to the applicable planning
statute.

Sec. 10.

Minnesota Statutes 2006, section 473.866, is amended to read:

473.866 CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL
REVIEW.

The council's decision to require modification under section 473.175 may be
contested by the affected local governmental unit. The unit shall have 60 days within
which to request a hearing on the council's decision to require modification. If within 60
days the unit has not requested a hearing, the council shall make its final decision with
respect to the required modifications. If an affected unit requests a hearing, the request for
hearing shall be granted, and the hearing shall be conducted within 60 days by the state
Office of Administrative Hearings in the manner provided by chapter 14 for contested
cases. new text begin The 60-day period within which the hearing shall be conducted may be extended by
mutual agreement of the council and the affected local governmental unit. new text end The subject of
the hearing shall not extend to questions concerning the need for or reasonableness of the
metropolitan system plans or any part thereof. In the report of the administrative law judge
the costs of the hearing shall be apportioned among the parties to the proceeding. Within
30 days after the receipt of the report the council shall, by resolution containing findings
of fact and conclusions, make a final decision with respect to the required modifications
of the comprehensive plan. Any party to the proceeding aggrieved by the decision of
the council may appeal to the court in the manner provided in chapter 14 for contested
cases. The record on appeal shall consist of: (1) the administrative law judge's record and
report, and (2) the findings, conclusions and final decision of the council. The scope of
review shall be that of section 14.69, provided that: (1) the court shall not give preference
to either the administrative law judge's record and report or the findings, conclusions
and final decision of the council, and (2) the decision of the court shall be based upon a
preponderance of the evidence as contained in the record on appeal. The costs of the
appeal shall be apportioned by the court.

Sec. 11.

Minnesota Statutes 2006, section 473.867, subdivision 1, is amended to read:

Subdivision 1.

Advisory materials, models, assistance.

The council shall prepare
and provide advisory materials, model plan provisions and official controls, and on the
request of a local governmental unit may provide assistance, to accomplish the purposes
of sections 462.355 deleted text begin , subdivision 4 deleted text end , 473.175, and 473.851 to 473.871. The council may
also provide specific technical and legal assistance in connection with the preparation,
adoption and defense of plans, programs, and controls.

Sec. 12.

Minnesota Statutes 2006, section 473.867, subdivision 2, is amended to read:

Subd. 2.

Planning assistance fund.

The council deleted text begin shall deleted text end new text begin may new text end establish a planning
assistance fund as a separate bookkeeping account in its general fund for the purpose of
making grants and loans to local governmental units under this section. The council shall
adopt uniform procedures for the award, disbursement and repayment of grants and loans.

Sec. 13.

Minnesota Statutes 2006, section 473.869, is amended to read:

473.869 EXTENSION.

A local governmental unit may by resolution request that the council extend the
time for fulfilling the requirements of sections 462.355, subdivision deleted text begin 4 deleted text end new text begin 1a new text end , 473.175, and
473.851 to 473.871. A request for extension shall be accompanied by a description of
the activities previously undertaken by a local governmental unit in fulfillment of the
requirements of sections 462.355 deleted text begin , subdivision 4 deleted text end , 473.175, and 473.851 to 473.871, and
an explanation of the reasons necessitating and justifying the request. Upon a finding of
exceptional circumstances or undue hardship, the council may, in its discretion, grant by
resolution a request for extension and may attach reasonable requirements or conditions to
the extension.

Sec. 14.

Minnesota Statutes 2006, section 473.871, is amended to read:

473.871 NEW MUNICIPAL SEWER SYSTEMS.

Notwithstanding the provisions of sections 462.355 deleted text begin , subdivision 4 deleted text end , 473.175, and
473.851 to 473.871 the council shall have no authority under this chapter to require a local
governmental unit to construct a new sewer system.

Sec. 15. new text begin NONPROFIT FOUNDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Nonprofit foundation may be established. new text end

new text begin Under Minnesota
Statutes, section 465.717, subdivision 1, the Metropolitan Council established by
Minnesota Statutes, section 473.123, may incorporate, create, or otherwise establish
a foundation. The purpose of the foundation shall be to help acquire or finance the
acquisition of lands and other assets for public recreation and open space within the
metropolitan area defined in Minnesota Statutes, section 473.121, subdivision 2, in order
to preserve and develop regional parks and related facilities. The foundation shall be a
private nonprofit organization and tax exempt under appropriate federal and state laws.
The foundation may accept gifts, donations, money, property, and other assets and may
transfer, donate, or otherwise provide such gifts, donations, money, property, and other
assets consistent with its dedicated purpose. The foundation is subject to the application of
other laws provisions of Minnesota Statutes, section 465.719, subdivision 9.
new text end

new text begin Subd. 2. new text end

new text begin Formation; board of directors; employees. new text end

new text begin The foundation's initial
board of directors must include business leaders, representatives of civic and nonprofit
organizations, and at least one representative from each of the following: the Metropolitan
Council, the Metropolitan Parks and Open Space Commission, the Department of Natural
Resources, and conservation and parks and trails advocacy organizations like the Trust
for Public Land and the Parks and Trails Council of Minnesota. The members of the
initial board must not be compensated by the foundation for their services but may be
reimbursed for reasonable expenses incurred in connection with their duties as board
members. Persons employed by the foundation are not public employees and must not
participate in retirement, deferred compensation, insurance, or other plans that apply
to public employees generally.
new text end

new text begin Subd. 3. new text end

new text begin Advisory committee. new text end

new text begin The foundation may appoint an advisory committee
to help establish the foundation. The advisory committee should include one or more
representatives of the following: the regional park implementing agencies within the
metropolitan area, the National Park Service, the United States Fish and Wildlife Service,
the Metropolitan Council, the Department of Natural Resources, existing public park
organizations, and other organizations as the foundation deems appropriate. Advisory
committee members shall not be compensated for their membership on the advisory
committee but may be reimbursed for reasonable expenses incurred in connection with
their duties as advisory committee members. The advisory committee may be dissolved by
the foundation when the foundation determines the advisory committee's work is complete.
new text end

Sec. 16. new text begin METROPOLITAN COUNCIL ASSISTANCE.
new text end

new text begin The Metropolitan Council may provide from its general fund up to $500,000 to help
create and establish the foundation. Until the foundation is established and functioning,
the council may provide, from the funding made available under this section, office space
and administrative support. The council may accept gifts, donations, money, property,
and other assets for purposes consistent with the foundation's purposes and shall, when
the foundation is established and functioning, transfer such gifts, donations, money,
property, and other assets to the foundation. The use of council funds and resources for
these purposes is a public purpose.
new text end

Sec. 17. new text begin REPORT.
new text end

new text begin On or before January 15, 2009, the council shall prepare and submit to the chairs
of the legislative committees and divisions with jurisdiction over metropolitan and local
government, a report on the creation and establishment of the foundation, including a
description of the public and private funds and resources used to help create and establish
the foundation.
new text end

Sec. 18. new text begin ONETIME TRANSFER.
new text end

new text begin Notwithstanding Minnesota Statutes, section 473.253, in 2007 the council may
transfer to the planning assistance fund provided in Minnesota Statutes, section 473.867,
subdivision 2, up to $1,000,000 of the amount levied by the council under Minnesota
Statutes, section 473.253, subdivision 1, for taxes payable in 2007. The council shall
use the amount transferred to the planning assistance fund for grants or loans to local
governments under section 473.867.
new text end

Sec. 19. new text begin APPLICATION.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 473.1455; 473.247; and 473.868, new text end new text begin are repealed.
new text end

Sec. 21. new text begin EFFECTIVE DATE.
new text end

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