11. Governor Carlson - Increased Transportation Funding F'UBLICOFF . INC TEL Mar 03,93 1037 N0.005 F.02
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Honorable Arne Carlson March 3, 1993
Governor, State of Minnesota
Room 131
' State Capitol
St. Paul, MN 55155
RE: Increased Transportation Funding
1 Dear Governor Carlson:
The Southwest Corridor Transportation Coalition is an organization of private businesses,
' local governments, and individuals advocating for the improvement of the corridor's
transportation system. The corridor stretches from Eden Prairie to the South Dakota
border.
1 Our organization has worked for several years to complete highway and bridge projects
that link the metropolitan area to greater Minnesota. The projects include the
improvement of Trunk Highway 5, and the construction of Highway 212. All of the
projects have involved local financial participation to match available federal and state
funds.
The projects are in various stages of completion. The Highway 5 project is In the
planning phase and Highway 212 is scheduled for construction in late 1993. All of the
1 projects are programmed for state highway funds and due to past deferrals have been
delayed for as long as 18 months. As a result, project costs have increased.
1 We are aware of your concern regarding transportation taxes but we firmly believe that
the state should increase its revenue for highways and transit. Without a revenue
' increase, the state's transportation system could deteriorate and as a result require a
significant tax increase in the near future. Such a revenue strategy is costly and inefficient
and we urge you to provide during the 1993 Session a proposal to fund our
transportation needs and match available federal funds. There is a serious shortfall in
current funding in transportation funding projects. According to data available from the
Minnesota Department of Transportation, the current rate of replacement for Minnesota
highways is once every 105 years. The equivalent of a .05 per gallon increase in
transportation funding will only enable MNDOT to keep on schedule with its current
construction program and maintain this rate of repalcement. It is very desireable that this
1 rate of replacement be reduce to once every 50 years. This requires the equivalent of an
.11 per gallon increase.
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II FUELI' :oFF , INC . TEL Mar 03 .93 10 :37 No .005 F.03
The state needs leadership from the Governor and the legislature to develop consensus
concerning the need, amount and method of raising these Increased transportation funds.
We ask that you do your part,
Sincerely,
1 Robert J. Lindell
President
Southwest Corridor Transportation Coalition
RJL /ekr
1 cc: Board Members
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1 A bill for an act II
2 relating to metropolitan government; requiring the
3 metropolitan council to adopt rules allocating II
4 comprehensive choice housing among cities and towns in
5 the metropolitan area; requiring metropolitan council
6 review of city's and town's efforts to comply with the
7 allocation; establishing penalties for noncompliance; •
8 amending Minnesota Statutes 1992, section 473.167, by
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9 adding a subdivision; proposing coding for new law in
10 Minnesota Statutes, chapters 16A; and 473. .
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: II
12 Section 1. (16A.7133 (AID PENALTIES FOR NONCOMPLIANCE WITH
13 COMPREHENSIVE CHOICE HOUSING ALLOTMENT.)
14 For cities and towns which are within the metropolitan II
15 urban service area or which are freestanding growth centers, as
16 defined by the metropolitan council established under chapter 1
17 473, only those which are certified to be in compliance with the
18 comprehensive choice housing objectives under section 473.202 1
19 shall be eligible to receive aid payments, including, but not
20 limited to, homestead and agricultural credit payments, from the II
21 local government trust fund in the calendar year following the
22 year in which certification was made. Aid amounts for cities
23 and towns deemed not to be in compliance with the comprehensive II
24 choice housing allotment shall be distributed to the cities and
25 towns in the metropolitan area certified by the metropolitan
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26 council to be in com.liance, in .ro.ortion to each cit 's or
27 town's share of local .overnment aid and e.ualization aid under 1
28 section 477A.013. For cities and towns which are partially
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02/17/93 (REVISOR j LMB /JC 93 -1825
II 1 within and partially without the area, the provisions of this
2 section shall apply to the proportion of the city's or town's
II 3 aid equal to the population within the area divided by the total
4 population of the city or town.
I 5 Sec. 2. Minnesota a Statutes 1992, section 473.167, is
6 amended by adding a subdivision to read:
II 7 Subd. la. (APPROVALS.1 (a) For the purpose of this
8 subdivision, "sector" has the meaning given it in section
9 473.202, subdivision 7.
II 10 (b) Neither the transportation advisory board established
11 under section 473.146, subdivision 4, nor the council may:
II 12 (1) approve a proposed highway project or plan that will
13 provide new or increased highway capacity to any sector of the
II 14 metropolitan area, unless the council finds that cities, and
15 towns in the metropolitan urban service area of the sector, and
16 its freestanding growth centers are in substantial compliance
f 17 with the requirements of section 473.202;
18 (2) approve any element of a highway plan or proposed
II 19 highway project for a sector where the council finds substantial
20 compliance with the requirements of section 473.202 that
II 21 provides new or increased highway access to any city, town, or
22 freestanding growth center unless it is certified by the council
1 23 to be in compliance under section 473.202
24 Sec. 3. (473.2021 (AFFORDABLE HOUSING.)
II 25 Subdivision 1. (POLICY; GOALS.) In order to protect and
26 enhance the social and economic health of the metropolitan
II 27 region and each community in the region, it is the legislature's
28 policy to encourage development of a full range of housing
29 options in every community in the metropolitan area. The
II 30 legislature's goals are to: provide citizens with housing
31 choices; remove barriers to the development of a comprehensive
11 32 range of housing; create incentives for each community to
33 develop housing that will serve residents as their income and
II 34 housing needs change; reduce traffic congestion in the
35 metropolitan area by providing people opportunities to live near
II 36 their work in housing that is affordable to them; allow people
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02/17/93 [REVISOR ] LMB /JC 93 -1825 1
1 to live near where .jobs are being created; allow people to II 2 remain in their community as their situations and needs change;
3 and have each community implement the housing policy and goals
4 of the region. • II
5 Subd. 2. (DEFINITIONS.] The definitions in this
6 subdivision apply to this section. II
_ 7 (a) "Affordable housing" means housing that requires
8 households to expend no more than 30 percent of their household
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9 income on housing and housing.related expenses.
10 (b) "Comprehensive choice housing" means single-family and
11 multifamily housing that is affordable for households at income II
12 levels throughout the full range of metropolitan area incomes,
13 including housing that is affordable to individuals and
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14 households with incomes less than or equal to 30 percent, 50
15 percent, 80 percent, and 100 percent of median income as defined
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16 in paragraph (d).
17 '(c) "Comprehensive choice housing allotment" means a city's
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18 or town's allocation of comprehensive choice housing distributed
19 on a fair -share basis under subdivision 3. II 20 (d) "Median income" means median household income, adjusted
21 for family size, for the Minneapolis -St. Paul metropolitan
22 statistical area as determined by the federal Department of II
23 Housinq and Urban Development. 11 24 Subd. 3. [COMPREHENSIVE CHOICE ROUSING ALLOTMENT;
25 OBJECTIVES; RULES.] Before January 15, 1994, the metropolitan
26 council shall adopt rules and objectives governing opportunities
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27 for comprehensive choice housing in the metropolitan urban
28 service area and freestanding growth centers. The council shall II contract with the office of administrative hearings to conduct
30 public hearings to adopt rules under this subdivision. The
31 council shall give notice at least 30 days before the hearing by-
32 publishing a notice in the State Register and mailing a notice
33 to persons and groups who have requested notification. At the 1
34 hearing, the public shall have an opportunity to give testimony
35 and question council representatives and council staff. Rules
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36 and objectives adopted under this subdivision must:
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1 (1) analyze the metropolitan urban service area's and
II 2 freestanding growth centers' present acid prospective need for
3 comprehensive choice housing, including the need for multifamily
4 and single- family housing for individuals and households at 30
II 5 percent, 50 percent, and 80 percent of median income by working
6 cooperatively with other local, state, and federal agencies to
II 7 identify, collect, and augment relevant data and studies without
8 duplicating other analytical efforts;
1 9 (2) allocate the metropolitan urban service area's and
10 freestanding growth centers' comprehensive choice housing needs,
II 11 on a fair -share basis, to cities and towns in the metropolitan
12 urban service area and freestanding growth centers' area
13 considering, at a minimum, the following factors for each city
14 and town:
15 (i) existing housing stock, condition, occupancy,
I 16 affordability, and ratio of housing to jobs;
17 (ii) percent of the existing housing stock that is
II 18 affordable to individuals and households at 30 percent, 50
19 percent, and 80 percent of median income;
II 20 (iii) percentages of the existing housing stock that are
21 multifamily units and mobile homes;
II 22 (iv) current and projected population characteristics;
23 (v) existing and probable future employment and wage rate
II 24 characteristics;
25 (vi) current, planned, and projected capacity of
26 infrastructure, including water, sewer, roads, and transit;
II 27 (vii) current and past efforts to provide and sanction
28 housing for low- income individuals and families;
1 29 _ _ (viii) vacant developable land, and property and buildings
30 suitable for redevelopment;
II 31 (ix) expected absorption rate of housing;
32 (x) reasonable local development priorities; and
II 33 (xi) share of metropolitan resources, including lands and
34 buildings appropriate for comprehensive choice housing
35 development, infrastructure capacity, low- and moderate- income
36 jobs, and existing multifamily and single - family housing that is ,
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1 affordable at 30 percent, 50 percent, and 80 percent of median
2 income;
3 (3) determine the extent to which each city has, in the
4 past, accomplished its comprehensive choice housing allotment;
5 (4) describe actions that a city or town may take to
6 eliminate existing barriers to comprehensive choice housing, and 1
7 actions that take advantage of available opportunities that will
8 meet the objective of providing adequate and realistic
9 opportunities for comprehensive choice housing development and
10 to maintain housing affordability;
11 (5) establish annual review procedures, requirements, and
12 guidelines for council review and certification of city and town
13 compliance with the fair -share housing allocation; and
14 (6) establish procedures through which the council shall
15 _dopt, and through its metropolitan housing and redevelopment 1
16 authority, execute a plan to facilitate, coordinate, and cause
17 the development of affordable comprehensive choice housing in
18 cities where the supply of affordable housing is inadequate to
19 meet the objectives under this section. Based on the factors in
20 clause (2), the plan shall prioritize the proposed development
21 of affordable comprehensive choice housing in inverse proportion
22 to the amount of available low- and moderate- income housing in
23 each respective city.
24 Subd. 4. [PERIODIC REVIEW OF COMPREHENSIVE CHOICE HOUSING 1
25 ALLOTMENT RULES.] The council shall review and assess the
26 comprehensive choice housing allotment rules at least every five 1
27 years following their effective date. No major changes to
28 procedures for alloc_`_ing comprehensive choice housing or
29 evaluating compliance under subdivision 3, clause (4), shall be
30 made until 90 days after a report to the legislature on proposed I/ 2' changes to the comprehensive choice housing allotment rules.
32 The report must be submitted to the legislature in January.
33 S - d. 5. (COMPREHENSIVE CHOICE HOUSING COUNSELING.) The
34 counci shall provide or contract for housing counseling
35 servi^ °s. The counseling services must promote comprehensive 1
36 housi:.g choice throughout the metropolitan area by locating
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' 1 available housing, counseling people on the advantages and
2 disadvantages of housing locations, and offering on -site visits
1 3 to available housing.
II 4 Subd. 6. (REVIEW AND CERTIFICATION.) (a) Beginning August
5 1, 1994, the council shall annually review and certify a city's
6 or town's adequate and realistic efforts to comply with
II 7 objectives of comprehensive choice housing under subdivision 3,
8 clause (4).
II 9 (b) Before July 1, 1995, and each subsequent year, the
10 council shall certify to the department of revenue, the cities
II 11 and towns that are in compliance with the comprehensive choice
12 housing allotment. At the time of certification, the council
II 13 shall send a written notice to each uncertified city and town
14 describing: the nature of the noncompliance, the types of
15 corrective actions necessary for the city or town to be
I 16 certified, and the penalties for noncompliance under subdivision
17 7 and section 16A.713.
II 18 (c) The council shall establish appeal procedures for
19 uncertified cities and towns to obtain a review of the council's
II 20 determination under this subdivision.
21 Sub d 7• (COUNCIL PENALTIES FOR NONCOMPLIANCE WITH THE
II 22 COMPREHENSIVE CHOICE HOUSING ALLOTMENT.) After July 1, 1995, in
23 addition to the penalties for noncompliance under section
II 24 16A.713, the council shall not:
25 (1) approve, or favorably receive, any proposed project or
26 plan for a sector in which the council finds substantial
II 27 noncompliance with the comprehensive choice housing objectives
28 that:
II 29 (i) will provide new or increased highway capacity as
30 provided in section 473.167, subdivision la, or 473.181,
1 31 subdivision 1; or
32 (ii) will grant any extensions to urban service area •
33 boundaries, except to address environmental contamination
34 problems or in demonstrated cases of undue economic hardship for
35 the property owner affected and in cases of undue economic
II 36 hardships for no more than ten acres; or ,
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. 1 (2) approve any element of a plan or proposed project for a
2 sector in which the council finds substantial compliance with
3 the comprehensive choice housing objectives that:
4 (i) will provide new or increased highway access as
5 provided in - section 473.167, subdivision la, or 473.181,
6 subdivision 1, to a city that is not certified by the council 1
7 under subdivision 6; or
8 Iii) will grant any increased access sewer service to a
9 city that is not certified by the council under subdivision 6,
10 except to address environmental contamination problems or in
11 demonstrated cases of undue economic hardship for the property
12 owner affected.
13 For purposes of this subdivision, the council shall define
14 sector on a case -by -case basis to mean any contiguous area that
15 includes the proposed highway, sewer, or sewer extension project 1
16 and is served by the highway, sewer, or proposed project or
17 extension.
18 Sec. 4. (APPLICATION.)
19 Sections 1 to 3 apply in the counties of Anoka, Carver,
20 Dakota, Hennepin, Ramsey, Scott, and Washington-
21 Sec. 5. (EFFECTIVE DATE.)
22 Sections 1 to 4 are effective the day following final
23 enactment.
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1 0 t b tative
11 11 111 a )171i : . : ' ? ' - ' r , •
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as ociation of It _
metropolitan C 0 t --4 1 municipalities rt
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Feb. 26, 1993 ( Q.-
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To: Mayors, Legislative Contacts and Managers/Administrators A
I FROM: Vern Peterson, Executive Director i ,
I RE: SF449 (Sen. John Marty, DFL- Roseville), changes to Metropolitan Land Planning Act. 41"
ALERT! ALERT! ALERT! ALERT!
1 Attached is a copy of SF449 which greatly increases the authority of the Metropolitan Council vis a vis
local planning and zoning.The bill has several sections which would have a very negative impact on
metro cities.
I 1. Sections 1 and 8 revise state law to state that comprehensive plans supersede zoning ordinances and
that the Metropolitan Development Guide supersedes any Local plan.
1 2. Section 3 directs the Metropolitan Council to adopt a long -range policy plan to protect agricultural
land in the metropolitan area as part of the Council's Metropolitan Development Guide. Until such time
I as the policy plan is adopted by the Metropolitan Council, it would preclude a local government
unit from expanding its urban service area if such expansion includes agricultural land.
3. Section 4 grants the Metropolitan Council the authority to require a local government unit to modify its
I local comprehensive plan if it is inconsistent with any chapter in the Metropolitan Development Guide.
Under existing law, the Council can require modification of a local plan only if it is in conflict with a
metropolitan system plan, of which there are four. There are at least eight or nine other chapters in the
I Development Guide, including such chapters as Housing, Solid Waste, Water Resources, Health., etc.,
which would be given system status under SF449. It also mandates that the Metropolitan Council require
a local government unit to modify a comprehensive plan that requires the expansion of a local
I government unit's urban service area if a local and a regional need for the expansion cannot be
demonstrated.
Granting "system status" to all chapters of the Metropolitan Development Guide would in reality
1 give the Metropolitan Council almost complete authority over all aspects of local government !
4. Section 7 states that local plans would have to be updated within nine months of any amendment to a
I metropolitan system plan "or any other addition to or amendment of the Metropolitan Development
Guide." If the local government refuses or is slow, the Metropolitan Council could sue.
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5. If that is not bad enough, Section 11 gives any resident of the metropolitan area the right to civil action
in district court in Ramsey County for relief for any alleged violation of sections of this bill. The court
I could award costs of litigation to any party that prevails.
ACTION NEEDED:
SF449 is scheduled to be heard on Thursday, March 4 at 2 p.m. in Room 107 of the Capitol before 1
the Subcommittee on Metropolitan Affairs of the Senate Metropolitan and Local Government
Committee. This subcommittee is chaired by Sen. Ted Mondale (DFL -St. Louis Park), who is a co-,
author of SF449. The subcommittee roster is:
Betty Adkins, DFL -St, Michael Sandy Pappas, DFL- St. Paul
Don Betzold, DFL- Fridley Martha Robertson, 1R- Minnetonka
Carol Flynn, DFL -Mpls Deanna Wiener, DFL -Eagan
Ed Oliver, IR-Deephaven
The AMM is asking action on two fronts:
1. Please sign up to testify against this bill. The person to contact is Robynn Bruce, 297 -8065. She is
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the subcommittee secretary.
2. Contact your senator and let him or her know about the tremendous burdens and intrusions for
local governments that would develop because of this bill. If your senator is a member of the
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subcommittee or the full Senate Committee on Metropolitan and Local Government, please make every
effort to contact him or her. I cannot stress enough the tremendous usurpation of local authority and
sovereignty that is contained within this bill. If you have a special rapport with a member of either the
subcommittee or full committee (and who may or may not serve as your city's senator), contact that
person and let him or her know of your concerns. I cannot emphasize the importance of your
contacting your senator on this matter, whether your senator is a member of the subcommittee or
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full committee. (A roster of the full committee members and their telephone numbers, as well as the
rosters of the three subcommittees are attached.)
Thank you very much for your prompt attention to this matter. As always, if you have any questions,
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please don't hesitate to call me at 490 -3301.
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02/18/93 [REVISOR ] JMR /CA 93 -1872
1
Introduced by Marty, Mondale, Price S.F. No. 449
II February 22, 1993 Companion H.F. No.
Referred to Committee on METROPOLITAN & IOCAL GOVERMENT
Reproduced by PHILLIPS LEGISLATIVE SERVICE
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II 1 A bill for an act
2 relating to urban planning; providing procedures to
3 limit urban sprawl; protecting agricultural land;
4 requiring coordination of development plans;
I 5 permitting civil actions; amending Minnesota Statutes
6 1992, sections 462.357, subdivision 2; 473.145;
7 473.175; 473.204, subdivision 1; 473.851; 473.856;
8 473.859; 473.865, subdivision 2; and 473.866;
1 9
10 proposing coding for new law in Minnesota Statutes,
chapter 473.
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1 12 Section 1. Minnesota Statutes 1992, section 462.357,
13 subdivision 2, is amended to read:
1 14 Subd. 2. [GENERAL REQUIREMENTS.] At any time after the
15 adoption of a land use plan for the municipality, the planning
1 16 agency, for the purpose of carrying out the policies and goals
17 of the land use plan, may prepare a proposed zoning ordinance
18 and submit it to the governing body with its recommendations for
1 19 adoption. Subject to the requirements of subdivisions 3, 4 and
20 5, the governing body may adopt and amend a zoning ordinance by
II 21 a two- thirds vote of all its members. If the comprehensive
22 municipal plan is in conflict with the zoning ordinance, the
II 23 senirsg- erdineaee plan supersedes the plea ordinance.
24 Sec. 2. Minnesota Statutes 1992, section 473.145, is
I 25 amended to read:
26 473.145 [DEVELOPMENT GUIDE.]
27 The metropolitan council shall prepare and adopt, after
II 28 appropriate study and such public hearings as may be necessary,
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VISOR JMR /CA 93 -1872 11
02/18/93 (RE )
1 a comprehensive development guide for the metropolitan area. It
2 shall consist of a compilation of policy statements, goals,
3 standards, programs, and maps prescribing guides for the orderly
4 and economical development, public and private, of the
5 metropolitan area. The comprehensive development guide shall
6 recognize and encompass physical, social, or economic needs of
7 the metropolitan area and those future developments which will
8 have an impact on the entire area including but not limited to
9 such matters as land use, parks and open space land needs,
10 agricultural land protection, and the necessity for and location
11 of airports, highways, transit facilities, public hospitals,
12 libraries, schools, and other public buildings. ,
13 Sec. 3. [473.148] [AGRICULTURAL LAND PLAN.]
14 By January 1, 1994, the metropolitan council shall prepare
15 and adopt by resolution a long -range policy plan to protect
16 agricultural land in the metropolitan area as part of the
17 council's metropolitan development guide. In preparing the
18 policy plan, the council shall hold appropriate public hearings
19 and consult with the department of agriculture, the department
20 of natural resources, and the board of soil and water resources.
21 The policy plan shall identify the amount and quality of land
22 being used or which could be used for the long -term production
23 of food and other agricultural products in the metropolitan '
24 area, the amount and quality of land of that kind converted to
25 nonagricultural use since January 1, 1975, and the actions of
26 the council and local governmental units which, directly or
27 indirectly, cause agricultural land to be converted to
28 nonagricultural uses. The policy plan shall consider the social
29 and economic benefits of protecting agricultural land for the
30 long -term production of food and other agricultural products in 1
31 the metropolitan area and shall contain policies, standards, and
32 requirements implementing the state's policies of agricultural 1
33 land preservation set forth in section 17.80. The policies,
34 standards, and requirements shall be in addition to the programs 1
35 protecting agricultural land set forth in section 273.111 and
36 chapter 473H. Until the policy plan is adopted, the council
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1 shall require a comprehensive plan or an amendment to a plan
2 submitted for review under section 473.175 to be modified to J
3 exclude all agricultural land from any extension of a local
' 4 governmental unit's urban service area requested in the plan or
5 amendment.
' 6 Sec. 4. Minnesota Statutes 1992, section 473.175, is
7 amended to read:
8 473.175 (COUNCIL REVIEW; COMPREHENSIVE PLANS, SCHOOL
9 DISTRICT CAPITAL IMPROVEMENT PROGRAMS.]
10 Subdivision 1. The council shall review the comprehensive
11 plans of local governmental units and the capital improvement
12 programs of school districts, prepared and submitted pursuant to
13 Laws 1976, chapter 127, sections 1 to 23, to determine their
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14 compatibility with each other and conformity with the
15 metropolitan eystem -plans development guide. The council
16 shall review-and comment on the apparent consistency of the
17 eomprehensive - plans - end capital improvement programs with ether
18 adopted ehapters - the metropolitan development guide. The
19 council may shall require a local governmental unit to modify
20 any comprehensive plan or part thereof which Wray - have -
21 essbstantiei - im pact en er eentain a sebetantiei depertnre - free►
22 metropolitan - system - plans is inconsistent with the metropolitan
23 guide. The council shall require a local governmental unit to
24 modify a comprehensive plan that requests the expansion of the
25 local governmental unit's urban service area if a local and a
26 regional need for the expansion cannot be demonstrated or if the
27 expansion cannot be served by existing or planned regional
1 28 facilities.
29 Subd. 2. Within 120 days following receipt of a capital
30 improvement program of a school district, unless a time
31 extension is mutually agreed to, the council shall return to the
32 school district a statement containing its comments. Within 120
33 days following receipt of a comprehensive plan of a local
34 governmental unit, unless a time extension is mutually agreed
35 to, the council shall return to the local governmental unit a
36 statement containing its comments and, by resolution, its
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1 decision, if any, to require modifications to assure conformance 1
2 with the metropolitan system -plans development guide.
3 No action shall be taken by any local governmental unit or '
4 school district to place any such comprehensive plan, capital
5 improvement program or part thereof into effect until the '
6 council has returned the statement to the unit or district and
7 until the local governmental unit has incorporated any
8 modifications in the plan required by a final decision, order,
9 or judgment made pursuant to section 473.866. Promptly after
10 submission, the council shall notify each city, town, county, or
11 special district which may be affected by the plans or programs
12 submitted, of the general nature of the plans or programs, the ,
13 date of submission, and the identity of the submitting unit or
14 district. Political subdivisions contiguous to or within the 1
15 submitting unit or district shall be notified in all cases.
16 Within 30 days after receipt of such notice any governmental
17 unit or district so notified or the local governmental unit or
18 district submitting the plan or program may request the council
19 to conduct a hearing at which the submitting unit or district
20 and any other governmental unit or subdivision may present its
21 views. The council may attempt to mediate and resolve
22 differences of opinion which exist among the participants in the
23 hearing with respect to the plans or programs submitted. If 1
24 within 120 days, unless a time extension is mutually agreed to,
25 the council fails to complete its written statement the plans or
26 programs shall be deemed approved and may be placed into
27 effect. Any amendment to a plan or program subsequent to the
28 council's review shall be submitted to and acted upon by the
29 council in the same manner as the original plan or program. The
30 written statement of the council shall be filed with the plan of
31 the local government unit or the program of the school district
32 at all places where the plan or program is required by law to be
33 kept on file.
34 Subd. 3. If a local governmental unit fails to adopt a 1
35 comprehensive plan in accordance with Laws 1976, chapter 127,
36 sections 1 to 23 or if the council after a public hearing by
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1 resolution finds that a plan substantially- departs -from
2 metrepelitaa- system - plans is inconsistent with the metropolitan
3 development guide and that the local governmental unit has not
4 adopted a plan with modifications required pursuant to section
5 473.866 within nine months following a final decision, order, or
6 judgment made pursuant to section 473.866, the council may
7 commence civil proceedings to enforce the provisions of Laws
8 1976, chapter 127, sections 1 to 23 by appropriate legal action
9 in the district court where the local governmental unit is
11 10 located.
11 Sec. 5. Minnesota Statutes 1992, section 473.204,
12 subdivision 1, is amended to read:
13 Subdivision 1. Befere- 3annary- *r- &936 After public
14 hearings, the metropolitan council shall?- after - public- hearings;
15 promulgate and may thereafter amend standards and criteria and
16 suggested model ordinances for the regulation of the use and
17 development of the land and water within the metropolitan area
11 18 which Miii provide for:
19 (a) the protection and preservation of those wetlands and
20 lowlands permanently or intermittently covered with waters, such
j 21 as marshes, swamps, bogs, meadows, potholes and sloughs which
22 are essential to hydrological or ecological systems or for flood
23 control;
24 (b) the protection of groundwater recharge areas which
25 contribute significantly to the recharge of groundwater
26 aquifers;
27 (c) the minimum erosion of those slopes which are subject
28 to severe or moderate erosion because of their degree of slope
29 and soil type;
30 (d) the maximum retention of existing forests and
31 woodlands, the minimum removal of trees for development, and the
32 encouragement of replanting where removal is unavoidable;
33 (e) the determination of the suitability of soils or
34 bedrock for development, design and construction measures for
35 development which would compensate for existing soil or bedrock
36 problems, and the prevention of the type of development for
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1 which such soils or bedrock are unsuitable; II
2 (f) the protection and preservation of the natural II 3 watercourses, intermittent or permanent, and minimizing the
4 discharge of pollutants into water bodies and watercourses by
5 storm runoff and otherwise; 1
6 (g) the protection and preservation of areas containing
7 unique or endangered species of plants and animals; 1
8 (h) the prevention protection of agricultural
9 land from development for nonagricultural use of - prime
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10 agricultural -lands where such land is essential- for- agrienitnral
11 purposes being or could be used for the long -term production of
12 food and other agricultural products or for any of the other II
13 matters listed in this subdivision;
14 (i) the regulation of the extraction of minerals, including
II
15 sand and gravel, to minimize undesirable environmental effects
16 and provide for future utilization of the lands involved; 1
17 (j) the preservation of natural resource areas of
18 particular historical significance. 1
19 Sec. 6. Minnesota Statutes 1992, section 473.851, is
20 amended to read:
II
21 473.851 (LEGISLATIVE FINDINGS AND PURPOSE.]
22 The legislature finds and declares that the local II 23 governmental units within the metropolitan area are
24 interdependent, that the growth and patterns of urbanization
25 within the area create the need for additional state, II
26 metropolitan and local public services and facilities and
27 increase the danger of air and water pollution, and that 1
28 developments in one local governmental unit may affect the
29 provision of regional capital improvements for sewers, 1
30 transportation, airports and regional recreation open space.
31 Since problems of urbanization and development transcend local
II
32 governmental boundaries, there is a need for the adoption of
33 coordinated plans, programs and controls by all local
34 governmental units and school districts in order to protect the II
35 health, safety and welfare of the residents of the metropolitan
36 area and to ensure coordinated, orderly and economic 1
6
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1
02/18/93 ' (REVISOR ) JMR /CA 93 -1872
1 development. Therefore, it is the purpose of sections 462.355,
' 2 subdivision 4, 473.175, and 473.851 to 473.871 to (1) establish
3 requirements and procedures to accomplish comprehensive local
4 planning with land use controls consistent with punned;- erderiy
5 and - staged- dereiepment -and- the- metrepelitaa- system - plans the
6 metropolitan development guide, and (2) to provide assistance to
7 local governmental units and school districts within the
11 8 metropolitan area for the preparation of plans and official
9 controls appropriate for their areas and consistent
10 with metropolitan- system -plans the metropolitan development
11 guide.
12 Sec. 7. Minnesota Statutes 1992, section 473.856, is
13 amended to read:
14 473.856 (METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.]
15 Local governmental units shall consider in their initial
16 comprehensive plans submitted to the council, and school
17 districts shall consider in their initial capital improvement
18 programs submitted to the council, any amendments or
19 modifications to metropolitan system plans which were made by
20 the council and transmitted prior to January 1, 1978.
21 Thereafter, within nine months after receiving an amendment to a
22 metropolitan system plan or any other addition to or amendment
23 of the metropolitan development guide, each affected local
24 governmental unit shall review its comprehensive plan and each
25 affected school district shall review its capital improvement
26 program to determine if an amendment is necessary to ensure
27 continued conformity with metropolitan system plans or other
I/ 28 portions of the metropolitan development guide. If an amendment
29 is necessary, the governmental unit or school district shall
30 prepare the amendment and submit it to the council for review
31 pursuant to sections 462.355, subdivision 4, 473.175, and
32 473.851 to 473.871. If an amendment is necessary and one is not
33 submitted by the local governmental unit, the council may
34 commence civil proceedings to enforce the provisions of this
35 section by appropriate legal action in the district court where
36 the local governmental unit or school district is located.
1 7
02/18/93 [REVISOR ] JMR /CA 93 -1872
1 Sec. 8. Minnesota Statutes 1992, section 473.859, is
2 amended to read:
3 473.859 (COMPREHENSIVE PLAN CONTENT.)
4 Subdivision 1. [CONTENTS.] The comprehensive plan shall
5 contain objectives, policies, standards and programs to guide
6 public and private land use, development, redevelopment and
7 preservation for all lands and waters within the jurisdiction of
8 the local governmental unit through 1990 and may extend through
9 any year thereafter which is evenly divisible by five. Each
10 plan shall specify - expected - industrial and eemmereial 1
11 dee eiopmenty- pienned- pepnlatien- distribntien7 be based on the
12 council's estimates of the local governmental unit's projected
13 population, employment, housing needs, and local public facility
14 capacities open- whieh- the - plan - is - based. Each plan shall
15 contain a discussion of the use of the public facilities
16 specified in the metropolitan system statement and the effect of
17 the plan on adjacent local governmental units and affected I/
18 school districts. Existing plans and official controls may be
19 used in whole or in part following modification, as necessary, 1
20 to satisfy the requirements of sections 462.355, subdivision 4,
21 473.175, and 473.851 to 473.871. The comprehensive plan may 1
22 contain any additional matter which may be included in a
23 comprehensive plan of the local governmental unit pursuant to
24 the applicable planning statute.
25 Subd. 2. [LAND USE PLAN.] A land use plan shall designate
26 the existing and proposed location, intensity and extent of use
27 of land and water for agricultural, residential, commercial,
28 industrial and other public and private purposes, or any
29 combination of such purposes. A land use plan shall contain a
30 protection element, as appropriate, for historic sites and the 1
31 matters listed in section 473.204, and an element for protection
32 and development of access to direct sunlight for solar energy 1
33 systems. A land use plan shall also include a housing element
34 containing standards, plans and programs for providing adequate
35 housing opportunities to meet existing and projected local and
36 regional housing needs, including but not limited to the use of
8
1
02/18/93 [REVISOR ) JMR /CA 93 -1872
1 official controls and land use planning to promote the
2 availability of land for the development of low and moderate
3 income housing.
4 Subd. 3. (PUBLIC FACILITIES PLAN.) A public facilities
5 plan shall describe the character, location, timing, sequence,
6 function, use and capacity of existing and future public
7 facilities of the local governmental unit. A public facilities
8 plan must be in at least such detail as may be necessary to
9 establish existing or potential effects on er- deperteres -frem
10 metropolitan system plans and to protect metropolitan system
11 plans. A public facilities plan shall contain at least the
12 following parts:
13 (a) A transportation plan describing, designating and
14 scheduling the location, extent, function and capacity of
15 existing and proposed local public and private transportation
16 services and facilities;
17 (b) A sewer policy plan describing, designating and
18 scheduling the areas to be sewered by the public system, the
19 metropolitan council's estimates of existing and planned
20 capacities of the public system, the standards and conditions
21 under which the installation of private sewer systems will be
22 permitted, and to the extent practicable, the areas not suitable
23 for public or private systems because of public health, safety
24 and welfare considerations;
25 (c) A parks and open space plan describing, designating and
26 scheduling the existing and proposed parks and recreation open
27 spaces within the jurisdiction.
28 Subd. 4. [IMPLEMENTATION PROGRAM.] An implementation
29 program shall describe public programs, fiscal devices and other
,, 30 specific actions to be undertaken in stated sequence to
31 implement the comprehensive plan and ensure conformity with the
32 metropolitan system -piens development guide. An implementation
33 program must be in at least such detail as may be necessary to
34 establish existing or potential effects on er- deperteres - from
35 metropolitan system plans and other portions of the metropolitan
11 36 development guide and to protect metropolitan system plans and
9
02/18/93 (REVISOR ] JMR /CA 93 -1872
1 other portions of the metropolitan development guide. An ,II
2 implementation program shall contain at least the following
3 parts:
II
4 (a) A description of official controls, addressing at least
5 the matters of zoning, subdivision, and private sewer systems,
II
6 and a schedule for the preparation, adoption, and administration
7 of such controls.
8 (b) A capital improvement program for transportation, II
9 sewers, parks and open space facilities.
10 (c) A housing implementation program, including official II
11 controls to implement the housing element of the land use plan,
12 which will provide sufficient existing and new housing to meet
II
13 the local unit's share of the metropolitan area need for low and
14 moderate income housing. . 1
15 Subd. 5. (URBANIZATION AREAS.] The comprehensive plans may
16 designate, when appropriate, five year urbanization areas and
II
17 shall specify in the capital improvement program the timing and
' 18 sequence of major local public facilities and in the
19 implementation program official controls which will ensure that II
20 urbanization occurs only in urbanization areas and in accordance
21 with the plan. II
22 Subd. 6. (COORDINATION WITH METROPOLITAN DEVELOPMENT
23 GUIDE.) The comprehensive plan must be consistent with the 1
24 metropolitan development guide and in any case of conflict the
25 guide shall govern over the plan. 1
26 Sec. 9. Minnesota Statutes 1992, section 473.865,
27 subdivision 2, is amended to read:
I/
28 Subd. 2. A local governmental unit shall not adopt any
29 official control or fiscal device which is in conflict with its
30 comprehensive plan or which permits activity in conflict with II
31 the metropolitan system -plans development guide.
32 Sec. 10. Minnesota Statutes 1992, section 473.866, is 1
33 amended to read:
34 473.866 [CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL
II
35 REVIEW.]
36 The council's decision to require modification under
II
10
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02/18/93 [REVISOR J JMR /CA 93 -1872
11 1 section 473.175 may be contested by the affected local
2 governmental unit. The unit shall have 60 days within which to
3 request a hearing on the council's decision to require
4 modification. If within 60 days the unit has not requested a
' 5 hearing, the council shall make its final decision with respect
6 to the required modifications. If an affected unit requests a
7 hearing, the request for hearing shall be granted, and the
8 hearing shall be conducted within 60 days by the state office of
9 administrative hearings in the manner provided by chapter 14 for
10 contested cases. The subject of the hearing shall not extend to
11 questions concerning the need for or reasonableness of the
12 council's estimates of population, employment, or housing needs,
13 the metropolitan system plans, other portions of the
14 metropolitan development guide, or any part thereof. In the
15 report of the administrative law judge the costs of the hearing
16 shall be apportioned among the parties to the proceeding.
17 Within 30 days after the receipt of the report the council
18 shall, by resolution containing findings of fact and
19 conclusions, make a final decision with respect to the required
20 modifications of the comprehensive plan. Any party to the
' 21 proceeding aggrieved by the decision of the council may appeal
22 to the court in the manner provided in chapter 14 for contested
23 cases. The record on appeal shall consist of: (1) the
24 administrative law judge's record and report, and (2) the
25 findings, conclusions and final decision of the council. The
26 scope of review shall be that of section 14.69, provided that:
27 (1) the court shall not give preference to either the
28 administrative law judge's record and report or the findings,
29 conclusions and final decision of the council, and (2) the
r 30 decision of the court shall be based upon a preponderance of the
31 evidence as contained in the record on appeal. The costs of the
32 appeal shall be apportioned by the court.
33 Sec. 11. [473.873] [CIVIL ACTIONS.]
34 Any resident of the metropolitan area, any partnership,
35 corporation, association, organization, or other legal entity
36 having shareholders, members, partners, or employees residing in
11
02/18/93 [REVISOR ) JMR /CA 93 -1872
1 the metropolitan area, and any political subdivision of the 1
2 state may maintain a civil action in the district court in
3 Ramsey county for declaratory or equitable relief against the
4 metropolitan council, a metropolitan agency, a local
5 governmental unit, or a school district for any alleged
6 violation of sections 473.121 to 473.249 or 473.851 to 473.872.
7 In an action maintained under this section, the plaintiff shall
8 have the burden of proving by a preponderance of the evidence
9 that a violation exists. In issuing a final order in an action
10 maintained under this section, the court may award costs of
11 litigation including but not limited to reasonable attorney's
12 fees and fees for expert witnesses to any party who prevails or
13 substantially prevails.
14 Sec. 12. (APPLICATION.)
15 Sections 2 to 11 of this act apply the counties of Anoka,
16 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
1
1
11
1
1
1
1
1
11
12
II .
1993 -94 SENATE METROPOLITAN & LOCAL GOVERNMENT COMMITTEE
MEETS: Monday, Wednesday and Thursday
' TIME: 2 :00 - 4:00 pm
1 WHERE: 107 State Capitol
MEMBERS: Sen. Betty Adkins, Chr. 309 Cap. 296 -5981
Sen. Ted Mondale, V.C. 309 Cap. 297 -8065
1 Sen. Don Betzold G -24 Cap. 296 -2556
Sen. Dick Day 105 SOB 296 -9457
Sen. Carol Flynn
Tax Div. Chair G -29 Cap. 296 -4274
Sen. John Hottinger
Tax Div. V.C. G -29 Cap. 296 -6153
1 Sen. Jerry Janezich 328 Cap. 296 -8017
Sen. Keith Langseth G -24 Cap. 296 -3205
1 Sen. Bob Lessard 111 Cap. 296 -4136
Sen. Ed Oliver 121 SOB 296 -4837
1 Sen. Sandy Pappas G -27 Cap. 296 -1802
1 Sen. Pat Pariseau 109 SOB 296 -5252
Sen. Martha Robertson 125 SOB 296 -4314
1 Sen. Linda Runbeck 107 SOB 296 -1253
Sen. Deanna Wiener 303 Cap. 297 -8073
STAFF: Sandie Wood, Adm. Asst. 309 Cap. 296 -2011
� P
1 Dan McGowan, Counsel G -17 Cap. 296 -4397
Jill Schultz, Research G -17 Cap. 296 -7680
1 Sherry Tyler, Comm. Sec. 309 Cap. 296 -5981
' Robynn Bruce, Sec.to V.C.309 Cap. 297 -8065
Jeffrey Bland, Clerk /Pg. 309 Cap. 297 -8065
12/22/92
1
1
SUBCOMMITTEE ON INTERGOVERNMENTAL RELATIONS -- 9
Chair: Hottinger
Adkins, ex officio
Day
Flynn '
Janezich
Langseth '.
Lessard
Pariseau '
Runback
Staff: Rim Nuckles, Secretary
aS
UBCOMMITTEE ON METROPOLITAN AFFAIRS -- 8 1
Chair: Mondale
Adkins, ex officio
Betzold
Flynn
Oliver
Pappas
Robertson
Wiener 1
Staff: Robynn Bruce, Secretary
TAX DIVISION OF METROPOLITAN AND LOCAL GOVERNMENT -- 9
Chairs Flynn
Vice Chair: Hottinger
Members: Adkins
Lessard 1
Mondale
Oliver 1
Pappas
Pariseau ,
Runbeck
Staff: Gary Pagel, Legislative Assistant
Marge Romero, Division Secretary