Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 440-S.F.No. 2433 
           An act relating to metropolitan government; 
          authorizing certain investments by the metropolitan 
          airports commission; authorizing the metropolitan 
          council to review and approve changes in certain land 
          uses relating to metropolitan airport development; 
          amending Minnesota Statutes 1988, section 473.606, 
          subdivision 3; proposing coding for new law in 
          Minnesota Statutes, chapter 473. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [473.1551] [NEW AIRPORT SEARCH AREAS.] 
    Subdivision 1.  [CANDIDATE SEARCH AREAS PROTECTION.] (a) 
The provisions of this subdivision apply within areas designated 
by the metropolitan council as candidates for selection as a 
search area for a new major airport under section 473.155, 
subdivision 3.  The provisions apply until the council has 
selected a search area under section 473.155, subdivision 3. 
     (b) All land within the candidate search areas not zoned 
for other use is zoned for use exclusively for agricultural 
purposes, except that a prior nonconforming use established with 
reference to any lot or parcel of land may be continued.  
    (c) A local government unit in the metropolitan area may 
not permit a change in zoning, a zoning variance, or a 
conditional use, including planned unit developments, that the 
local unit or the metropolitan council determines is 
inconsistent with the comprehensive plan for the local 
government unit adopted in accordance with sections 473.175 and 
473.851 to 473.871, or any other authority.  Before approving an 
application or proposal for a change in zoning, zoning variance, 
or conditional use, the local government unit shall submit the 
application or proposal to the metropolitan council for review 
and approval or disapproval.  The council may disapprove the 
application or proposal only if the council determines that it 
is inconsistent with the comprehensive plan of the local unit.  
     (d) The council shall give notice to the metropolitan 
airports commission of all submittals under paragraph (c).  The 
commission may comment to the council on any submittal. 
    (e) The council shall approve or disapprove a submittal 
within 90 days following receipt by the council, unless a time 
extension is mutually agreed to by the council and the 
submitting unit.  The commission has 45 days after notification 
to comment.  The council and the commission shall establish 
administrative procedures for expedited disposition of proposals 
or applications that do not warrant metropolitan review.  
    (f) If a candidate search area includes land within a local 
unit of government outside of the metropolitan area, the 
metropolitan council and the local unit may enter into an 
agreement for the joint exercise of powers necessary to 
determine whether a proposed change in zoning, zoning variance, 
or conditional use will be compatible with the development and 
operation of a major airport.  
    Subd. 2.  [SEARCH AREA PROTECTION.] (a) The provisions of 
this subdivision apply within the search area for a new major 
airport selected by the council under section 473.155, 
subdivision 3.  The provisions apply until one year after the 
report to the legislature on long-range airport development 
required by section 473.618. 
    (b) Land zoned by subdivision 1, paragraph (b), continues 
to be zoned exclusively for agricultural purposes, unless a 
change is authorized under paragraphs (c) and (d) of this 
subdivision. 
    (c) A local government unit in the metropolitan area may 
not permit a change in zoning, a zoning variance, or a 
conditional use, including planned unit developments, that the 
local unit determines is inconsistent either with the local 
unit's criteria for approving changes in land use or with the 
comprehensive plan of the local unit adopted in accordance with 
sections 473.175 and 473.851 to 473.871.  The local unit may 
deny an application or proposal for a change in zoning, zoning 
variance, or conditional use under this paragraph without review 
by the metropolitan council.  Before making a final decision to 
approve an application or proposal, the local unit shall submit 
it to the metropolitan council for review and approval or 
disapproval as provided in paragraph (d). 
    (d) The metropolitan council may disapprove an application 
or proposal submitted under paragraph (c) only if the council 
determines that it is inconsistent with the comprehensive plan 
of the local government unit adopted under sections 473.175 and 
473.851 to 473.871, a metropolitan system plan as defined by 
section 473.852, subdivision 8, or the development and operation 
of a new major airport in the search area.  A local government 
unit in the metropolitan area may not permit a change in zoning, 
a zoning variance, or a conditional use, including planned unit 
developments, that the metropolitan council has disapproved. 
    (e) A governmental agency or unit may not construct a 
public building or facility, including transportation, sewer, 
and park facilities, within the search area until it has 
submitted the plan for the building or facility to the 
metropolitan council for review and comment. 
    (f) The council shall give notice to the metropolitan 
airports commission of all submittals under this subdivision.  
The commission may comment to the council on any submittal.  
    (g) The council shall approve or disapprove a submittal 
within 90 days following receipt by the council, unless a time 
extension is mutually agreed to by the council and the 
submitting government agency or unit.  The commission has 45 
days after notification to comment.  The council and the 
commission shall establish administrative procedures for 
expedited disposition of proposals or applications that do not 
warrant metropolitan review. 
     Sec. 2.  Minnesota Statutes 1988, section 473.606, 
subdivision 3, is amended to read: 
    Subd. 3.  The treasurer shall receive and be responsible 
for all moneys of the corporation, from whatever source derived, 
and the same shall be considered public funds.  The treasurer 
shall disburse the moneys of the corporation only on orders made 
by the executive and operating officer, herein provided for, 
countersigned by such other officer or such employee of the 
corporation as may be authorized and directed so to do by the 
corporation, showing the name of the claimant and the nature of 
the claim.  No disbursement shall be certified by such officers 
until the same have been approved by said commissioners at a 
meeting thereof. Whenever the executive director of the 
corporation shall certify, pursuant to action taken by the 
commissioners at a meeting thereof, that there are moneys and 
the amount thereof in the possession of the treasurer not 
currently needed, then the treasurer may invest said amount or 
any part thereof in: 
    (a) Treasury bonds, certificates of indebtedness, bonds or 
notes of the United States of America, or bonds, notes or 
certificates of indebtedness of the state of Minnesota, all of 
which must mature not later than three years from the date of 
purchase. 
    (b) Bonds, notes, debentures or other obligations issued by 
any agency or instrumentality of the United States or any 
securities guaranteed by the United States government, or for 
which the credit of the United States is pledged for the payment 
of the principal and interest thereof, all of which must mature 
not later than three years from date of purchase. 
    (c) Commercial paper of prime quality, or rated among the 
top third of the quality categories, not applicable to defaulted 
paper, as defined by a nationally recognized organization which 
rates such securities as eligible for investment in the state 
employees retirement fund except that any nonbanking issuing 
corporation, or parent company in the case of paper issued by 
operating utility or finance subsidiaries, must have total 
assets exceeding $500,000,000. Such commercial paper may 
constitute no more than 30 percent of the book value of the fund 
at the time of purchase, and the commercial paper of any one 
corporation shall not constitute more than four percent of the 
book value of the fund at the time of such investment. 
    (d) Any securities eligible under the preceding provisions, 
purchased with simultaneous repurchase agreement under which the 
securities will be sold to the particular dealer on a specified 
date at a predetermined price.  In such instances, all 
maturities of United States government securities, or securities 
issued or guaranteed by the United States government or an 
agency thereof, may be purchased so long as any such securities 
which mature later than three years from the date of purchase 
have a current market value exceeding the purchase price by at 
least five percent on the date of purchase, and so long as such 
repurchase agreement involving securities extending beyond three 
years in maturity be limited to a period not exceeding 45 days. 
    (e) Certificates of deposit issued by any official 
depository of the commission.  The commission may purchase 
certificates of deposit from a depository bank in an amount 
exceeding that insured by federal depository insurance to the 
extent that those certificates are secured by collateral 
maintained by the bank in a manner as prescribed for investments 
of the state board of investment. 
    (f) Securities approved for investment under section 471.56.
    Whenever it shall appear to the commissioners that any 
invested funds are needed for current purposes before the 
maturity dates of the securities held, they shall cause the 
executive director to so certify to the treasurer and it shall 
then be the duty of the treasurer to order the sale or 
conversion into cash of the securities in the amount so 
certified.  All interest and profit on said investments shall be 
credited to and constitute a part of the funds of the 
commission.  The treasurer shall keep an account of all moneys 
received and disbursed, and at least once a year, at times to be 
designated by the corporation, file with the secretary a 
financial statement of the corporation, showing in appropriate 
and identifiable groupings the receipts and disbursements since 
the last approved statements; moneys on hand and the purposes 
for which the same are appropriated; and shall keep an account 
of all securities purchased as herein provided, the funds from 
which purchased and the interest and profit which may have 
accrued thereon, and shall accompany the financial statement 
aforesaid with a statement setting forth such account.  The 
corporation may pay to the treasurer from time to time 
compensation in such amount as it may determine to cover clerk 
hire to enable the treasurer to carry out duties and those 
required in connection with bonds issued by the corporation as 
in this act authorized. 
    Sec. 3.  [APPLICATION.] 
    This act applies in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington. 
    Presented to the governor April 12, 1990 
    Signed by the governor April 16, 1990, 4:16 p.m.