06-11-1995CITY Of RIOHFIELD
ruimin6 commission
nGEnDF1
July 11, 1995
Study Session -- 7:00 p.m.
I'c l ( (+•1 l l
Comprehensive Plan
Review of Process and Status
Description of Issues and Values
Organization and Outline of Plan
Reminder: The Planning Commission Study Session will be held at the Water Plant in
the main conference room.
D R A F T `95 comprehensive plan update 7/4/95
the
1995 comprehensive plan
OF THE CITY OF RICHFIELD, MN
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D R A F T `95 comprehensive plan update 7/4/95
Table of Contents
VOLUME ONE .. ......................Executive Summary
1.0 PART ONE .. .......................Abstract
1.1 Authority
1.2 Purpose /Scope
1.3 Process
1.4 Participants /Acknowledgments =
1.5 Document Format
2.0 PART TWO ..... .....................Background and Analysis
2.1 Scope and Procedures
2.2 History of the Community
2.3 Planning in Richfield
2.4 Existing Planning Conditions
a. Regional Context
b. Community Context
2.5 Community Values
2.6 Community Goals and Objectives
2.7 Planning Sub -Areas
3.0 PART THREE ......................95 Plan Elements
3.1 Land Use and Density
3.2 Parks and Open Space
3.3 Urban Infrastructure
3.4 Economics /Fiscal
3.5 Subarea Plans
4.0 PART FOUR ...... .................Implementation
4.1 Annual Plan Review Process and Schedule
4.2 Revise Zoning to Conform to Plan
4.3 Revise Development Review Procedures
5.0 PART FIVE ... ......................Supporting Documentation
5.1 Demographic Detail
5.2 Process Description and Data
5.3 Other Supporting Documentation
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VOLUME TWO ..............Background and Analysis
1.0 PART ONE .....................Scope and Procedures
1.1 Scope of The Analysis
1.2 Process and Procedures
2.0 PART TWO ....................Community History
2.1 "Richland"
2.2 Post WW2 Boom _
2.3 1970 to Present
3.0 PART THREE .................Planning in Richfield
3.1 "701" Comprehensive Planning
3.2 The 1982 Plan Update
3.3 The 1995 Plan Update Process
4.0 PART FOUR ...................Existing Planning Conditions
4.1 Regional Context
4.2 Community Context
a. Land Use and Occupancy
b. Demographics
c. Infrastructure
d. Zoning and Building Regulations
e. Economics and Fiscal
5.0 PART FIVE .....................Community Values
5.1 Community Values
6.0 PART SIX .. ......................Community Goals and Objectives
6.1 Community Goals and Objectives
7.0 PART SEVEN ..................Planning Subareas Defined
7.1 Lyndale - Hub - Nicollet
7.2 West 66th Street Corridor
7.3 Penn /66th
7.4 1 nterstate *Lyndale *N icol let
7.5 Cedar Avenue Corridor
7.6 Portland Avenue Corridor
7.7 Penn Avenue Corridor
7.8 Nicollet Avenue Corridor
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7.9 1-494 Corridor
VOLUME THREE ...............The `95 PLAN Elements
1.0 PART ONE .... ...........................Land Use and Density
1.1 Residential
1.2 Commercial
1.3 Industrial
1.4 Office
1.5 Public and Quasi - Public
2.0 PART TWO ..... ..........................Parks and Open Space
2.1 Adopt a System Plan
2.2 Open Space Reource / /Urban Shaping Policies
2.3 Special Recreation and Park Facilities
2.4 Improve Existing Parks and Facilities
2.5 Shift Recreation Programs to Adults
3.0 PART THREE .. ..........................Urban Infrastructure
3.1 Water Supply, Treatment, and Distribution System
3.2 Sanitary Sewerage
3.3 Urban Stone Drainage Systems
3.4 Street and Alley System
3.6 Public Safety Systems
3.7 Other Public Facilities and Systems
4.0 PART FOUR ............... ...............Economics /Fiscal
4.1 An Economic Basis For Planning
4.2 Five -Year Development Investment Capital Budget
5.0 PART FIVE ........ ........................Subarea Plans
5.1 Lyndale, Hub, Nicollet (LHN)
5.2 West 66th Street Corridor
5.3 Penn /66th
5.4 1 nterstate *Lyndale *N icol let
5.5 Cedar Avenue Corridor
5.6 Portland Avenue Corridor
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D R A F T
5.7 Penn Avenue Corridor
5.8 Nicollet Avenue Corridor
5.9 1-494 Corridor
95 comprehensive plan update 7/4/95
VOLUME FOUR..... Development Guide Workbook
to be prepared after the Plan has been completed and adopted)
1.0 PART ONE .. .........................ANNUAL PLAN REVIEW
3.1 Adopt Annual Plan Review Process
1.0 PART TWO ....... ..................REVISE /UPDATE ZONING
1.1 Amend Zoning Ordinance and Map to Conform to Plan Proposals
2.0 PART THREE ... ....................DEVELOPMENT REVIEW
2.1 Review and Revise Development Review Policies and Procedures
VOLUME FIVE ........... Supporting Documentation
1.0 PART ONE ...............COMMUNITY DEMOGRAPHIC DETAIL
2.0 PART TWO .................PROCESS DESCRIPTION AND DATA
3.0 PART THREE...... OTHER SUPPORTING DOCUMENTATION
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D R A F T `95 comprehensive plan update 7/4/95
VOLUME ONE .... ......................Executive Summary
1.0 PART ONE ............... .......................abstract
1.1 AUTHORITY.... for preparation of this 1995 Update of the City of Richfield
Comprehensive Plan is found in a resolution of the City Council that
appointed a 15 member STEERING COMMITTEE, and directed staff to assist
the committee with research, documentation and draft proposals for
consideration. _
1.2 PURPOSE .... of the Comprehensive Plan Update is to revise and update the
1982 Comprehensive Plan Document so that it can be appropriate and useful
as a tool to be used by the City Planning Commission, Council, and staff as
they review public and private development proposals within the City.
SCOPE of the investigation and planning proposals includes all of the
subject headings in the 1982 Plan Document, seven additional special
subarea studies, and the results of the community v2:1-1es and goals setting
process.
1.3 PROCESS for planning began with a review of the history of the City, the
record of planning by and for the community, a complete description. of
existing demographic and physical conditions in the City and the
metro /regional factors affecting planning for the City. A set of community
planning values were developed to serve as a basis for planning goals and
objectives.
1.4 PARTICIPANTS in the planning process included the City Council,
Planning Commission, Community Services Commission, Housing and
Redevelopment Authority Board, Social Services Planning Council, Board of
Education, Chamber of Commerce, Vision 2000, the City Manager, Division
Managers and other key employees, and citizens of Richfield through their
critique and input.
1.5 DOCUMENT FORMAT is constructed in five volumes, each of which is
presented in summary form, except for VOLUME FIVE, Supporting
Documentation where all of the supporting detail is recorded for reference.
VOLUME ONE is the Executive Summary. VOLUME TWO is Background and
Analysis, VOLUME THREE, describes the `95 Plan Elements, and VOLUME
FOUR will be the Development Guide Workbook to be used as a working tool
for shaping public development projects and evaluating private proposals.
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DR A F T '95 comprehensive plan update 7/4/95
EXECUTIVE SUMMARY (continued)
2.0 PART TWO ............. .....................Background and Analysis
2.1 SCOPE ...... of the investigations and research to document the background
and analysis included:
History ...... review of all available written documentation
Planning... review of all available written documentation
Existing Conditions.... 1990 census data and City records
Community Values..... steering committee interviews /workshops
Goals and Obiectives ... steering committee interviews /workshops
Planning Subareas..... historic and current City delineations
PROCEDURES ...... began with selection of steering committee members from
the City council, planning commission, staff, social services planning
council, Chamber of Commerce, School Board and district, and Vision
2000, in order to provide a broad and comprehensive community
perspective. Committee members toured to City as a group, and each
member studied a specific area or land use using photos and notes to
convey ideas to the committee. Formal and informal discussions and
workshop sessions formulated the values, goals and objectives basis
for the plan proposals. Plan drafts were reviewed by the committee,
Commissions, staff, and represented interest groups. Formal and
informal public presentations and hearings were open to the public,
and comments from the public were reviewed and considered in the
final plan.
2.2 HISTORY ... of the City can be described in four phases...... beginning with the
RURAL phase in the 1850's as a large area called "Richland" that was
reduced to the rectangular area of the City today by a series of
annexations up to the 1920's ....................when "Richfield", still
predominantly rural, entered the SUBURBAN phase as the first
Minneapolis suburb in the 30's and 40's ............ getting ready for the
post WW2 BOOM phase that persisted through the 50's and 60's until
until the peak population of 47,000 was reached in 1970 ..............and
finally the current MATURE FIRST -RING SUBURB that exists today.
2.3 PLANNING ....... comprehensive planning began in the early 70's with a
federally funded "701 Plan" that proposed policies to maintain and
rehabilitate the predominantly residential nature and image of the City.
Ten years later, the "1982 Plan Update" was completed in order to
meet the requirements of the Metro Council directives. The `82 plan
again emphasized residential rehabilitation, but also proposed multiple
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EXECUTIVE SUMMARY (2.3, continued)
dwelling developments to maintain a more stable population. The plan
extensive also proposed extensive redevelopment of the major
commercial area (Lyndale-H ub-N icol let) LHN. Dramatic change, both
within and from outside the community combine to make the '82 plan
of little use or value in meeting the needs of the '90's in Richfield, and
thus the need for a '95 plan update.
2.4 EXISTING CONDITIONS.
a) Regional Context....... can best be described under the heading
of TRANSPORTATION. Richfield is surrounded and bisected by
four major metro freeways, and is bounded on the east by the
metro airport. Airport noise (with uncertain future), and traffic
congestion offset the exceptional access that these facilities
provide to City residents and businesses. The 1494 corridor
is the second largest employment center in the metro area, and
the Mall of America attracts more visitors than any commercial
facility in the metro area, providing dynamic forces that will be
important support elements for economic development in the City
of Richfield. While the regional forces continue to be major
forces acting on the community, economic, political, and policy
support and direction from metro and state agencies will most
likely continue to diminish.
b) Community Context....... describes a community quite typical of
the other first -ring Minneapolis suburbs, except for the largely
residential character. Some of the important changes that have
taken place since the '82 Plan include:
population declined by 8%
non whites increased from under 2% to over 6%
residents with college education doubled
sales and management were the top two occupations
replacing clerical and professional
the 1-494 strip became the second largest employment
area, and the Mall of America became the largest
retail complex in the region.
non family households growth exceeded family
households growth by 50%
land use remained essentially the same
housing costs declined relative to metro area costs
many infrastructure improvements were completed
median personal incomes grew faster than the metro
average.
city financial ratings and conditions improved
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EXECUTIVE SUMMARY (continued)
2.5 COMMUNITY VALUES ......... were identified and catagorized by the Steering
Committee based on interviews, photo tours and workshop sessions.
Categories resulted from common themes as follows:
a. Community Character /Image
sense of community
prosperous community
small town feeling
overhead utilities
impact of freeways
visual landscape... particularly at City gateways
attractive commercial streets and landscaped boulevards
improve appearance and use of multiple dwellings
parks, open space, and attractive private land uses
b. Land Use /Economy
diverse, compatible land uses in commercial developments
economic growth from strong commercial developments
encourage development of small business districts
improve financial condition of the community to support
provision of public and private services
redevelop the 1494 corridor
support and maintain property values
useable comprehensive plan with clear definitions
competitive tax base
minimize (optimize) parking lot use /space
support continued use and improvement of current airport
c. Public Facilities and Services
good government
sound education system
effective public safety system
reduced air pollution
population balance to support school system
code enforcement
volunteerism
d. Housing
preservation of strong neighborhoods
redevelopment of diverse housing stock
new homes program
e. Transportation
balance in high and low traffic areas
high speed bus
improve freeway system
community bike routes
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EXECUTIVE SUMMARY (continued)
2.6 COMMUNITY GOALS....... were developed by the Steering Committee based
on the values and issues developed earlier. The Committee first listed broad
concepts and then grouped them in five categories for presentation. In this
summary, goals are numbered.(G1, etc.), and supporting objectives are listed
under each goal (0),
community wide G1 Preserve those elements that contribute to and enhance the small
town character and community identity
0 redevelop housing supply to meet diverse needs while
maintaining the integrity of existing neighborhoods.
encourage community participation in order to reinforce a
sense of community ownership and belonging
continue municipal investment that enhances community
identity.
0 preserve historical, natural, and cultural resources
G2 Maintain and enhance Richfield's image as a distinct and
livable community.
maintain and provide quality amenities and a safe living
environment for all residents.
advocate a high quality visual environment throughout the
City and within major transportation corridors.
encourage and support a diversity of compatible land uses
that are accessible and responsive to the needs of Richfield.
G3 Provide an economic climate within Richfield that will ensure the
availability of quality goods, services, and employment for all.
O encourage business growth
0 encourage and support development of strong commercial
districts that respect the values and standards of the
citizens of Richfield.
0 encourage the development of viable and responsive
neighborhood commercial services.
G4 Encourage and facilitate preservation and development of a
transportation infrastructure that provides a high degree of
accessibility for destinations in and around Richfield.
encourage development and preservation of transportation
connections with neighboring communities.
encourage development and use of alternative methods of
transportation
promote Richfield's locational advantage within the greater
metro area.
O reinforce pedestrian and bike facilities that are safe and
accessible.
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EXECUTIVE SUMMARY (2.6,G4, continued)
O promote transit sensitive development
econ dev'ment G5 To promote diverse development that will broaden the tax base
while reinforcing the residential character of Richfield.
O promote development that can support itself and broaden
the tax base.
O manage development in a manner that will not harm the
residential character of Richfield.
O create commercial districts that sustain specific types of
development that stabilize the economic base.
O encourage diverse, high quality development that meets
the needs of all residents.
transportation G6 To expand the existing transportation system so as to improve
accessibility and the quality of life for all Richfield residents.
O neutralize impact on residential areas by focusing on
accessibility.
O strengthen coordinated transportation efforts with other
communities /metro area that enhance and reinforce the
locational advantages of Richfield.
O pursue improved system services to increase flexibility
and access.
O address parking and highway use through travel demand
management (TDM) and other means to reduce congestion.
O continue to consider the role of the existing airport in the
metro area and Richfield, working with the federal agencies
to provide a quality living environment for those residing
near the airport.
G7 Emphasize and encourage alternate forms of transportation.
enviro G8 To achieve a standard of land use that is reflective of the small
town character of Richfield.
O consider Richfield's role in the metro area when developing
policy for land use.
develop standards for land use that are neighborhood
oriented in character.
promote the development of housing stock that is available
to all income levels.
support commercial land use that is diverse and responsive
to its context and the socio /economic needs of Richfield.
O maximize the use of existing structures for community needs
O minimize the impacts of parking
G9 Continue to provide high quality parks and open space that are
available on a neighborhood and community wide basis.
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EXECUTIVE SUMMARY (2.6, continued)
human enviro G10 To improve the quality of life in Richfield by addressing
environmental and visual resources
promote improvement of environmental elements (water
quality) that can enhance the image of Richfield
reduce residual noise and air pollution that can harm the
health and safety of Richfield residents.
address means to improve the visual quality throughout the
city, concentrating on design districts and transportation
corridors, beginning with land use coordination.
provide environmental standards that will be consistent
with the needs of the next decade, and reinforce the city's
image as a sustainable and environmentally sensitive city.
minimize the environmental impacts of parking.
natural enviro G11 Recognize the value of the urban forest to the community by
developing policies that will preserve existing urban forest, and
encourage its continued growth.
O develop policies that will encourage =--° urban forestry
approach to energy conservation.
O continue to encourage a diversity of tr &e species that will
prevent depletion of urban trees from disease.
O develop policies and construction specifications that will
not damage or destroy existing urban forest canopy.
G12 Ensure preservation of a level of high water quality by reducinq
the use of pesticides and chemical turf treatments that
contribute to water pollution.
infrastructure G13 To create an infrastructure that responds to the needs of the
next decade.
O promote infrastructure improvements that are responsive to
and appropriate for existing and future needs.
O promote an infrastructure that is efficient and high quality.
G14 Assure the long term maintenance and eventual replacement of
infrastructure.
G15 Promote an infrastructure that ensures environmental
soundness.
G16 Reduce visual and phvF- t- al clutter by burning all new and
replacement infrastruc-::. utilities.
2.7 PLANNING SUB AREAS........ have been defined by prev! w -,s studies, HRA
planning, TIF defined areas, and experience. The sub areas (see exhibits
following) specifically addressed in this Plan are:
a. Lyndale- Hub - Nicollet (LHN)
b. West 66th Street Corridor
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EXECUTIVE SUMMARY (2.7, continued)
c. Penn -66th
d. I nterstate-Lyndale-N icol let (LHN)
e. Cedar Avenue Corridor
f. Portland Avenue Corridor
g. Penn Avenue Corridor
h. Nicollet Avenue Corridor
I. 1-494 Nicollet to Cedar
3.0 PART THREE ...... ............................'95 Plan Elements
7/4/95
3.1 LAND USE AND DENSITY........
a. RESIDENTIAL .... should remain the dominant land use, and density
should be increased in order maintain or increase current
population levels
upgrade substandard single and multi family housing
encourage multiple housing that will attract young people
integrate low density multiple into single family neighborhoods
encourage new duplex construction in transition areas
scatter medium and high density multiple dwellings within the
redeveloped regional and community commercial areas.
b. COMMERCIAL ........ (regional) areas should be upgraded and
modernized in order to compete, while new community and/or
neighborhood commercial development should be encouraged
in the east 66th street corridor and the 1 -494 East corridor. Other
commercial plan proposals include:
convert all industrial uses to commercial by redevelopment
encourage commercial redevelopment through publicly
financed infrastructure improvements that will upgrade the
commercial environment and expeditious public approval
procedures.
reinforce existing, and create new well defined boundaries for
all commercial developments, and provide transitional use
areas that will protect and improve adjacent residential areas.
promote development of neighborhood service commercial
facilities
c. INDUSTRIAL ....... uses such as manufacturing, processing, and
assembly should be limited to the New Ford Town area and the
balance of the land along the east side of Cedar Avenue that is
incorporated into future airport development. Existing industrial uses
and zoning should be converted to commercial or transitional uses
through the use of incentives and area redevelopment planning.
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EXECUTIVE SUMMARY (3.1, continued)
d. OFFICE........ uses should be encouraged in the entire 1-494 corridor
and within the LHN regional commercial redevelopment as well.
e. PUBLIC AND QUASI - PUBLIC.......... including churches, clubs,
libraries, public buildings, schools, parks, and recreation areas and
facilities that are NOT part of the urban infrastructure should be
properly identified in the Plan, and properly zoned during the
implementation process.
3.2 PARKS AND OPEN SPACE....... will mature physically, and programatically as
cultural and community elements are added to the system. Plan proposals include:
a. adopt a "System Plan9
as a guide to balancing recreation, culture,
ornamentation, and conservation elements.
update a well documented inventory of park sites and facilities
encourage retention of private and quasi public open space
adopt development investment priorities for existing and
proposed new park sites
b. open space resource /urban shaping policies should:
require bike /hike and landscape screening in all freeway row
acquire the MNS railroad row for a bike /hike corridor
develop open space /cultural resources in all redevelopment
projects
develop an internal, off - street bike /hike corridor system
improve storm water holding ponds as open space assets
c. special facilities should be maintained and improved, including:
add community activities structure to the Arena/Pool complex
acquire the Ft. Snelling golf course or add 9 holes to Rich
Acres
add historic and cultural interpretation to the Wood Lake
Nature Center program.
upgrade the pool to become a leisure water recreation
complex
d. improve and expand all 28 parks and playfield sites.
e. continue to shift recreation programs to adult activities
3.3 URBAN INFRASTRUCTURE.......is a critical element in building a positive
community image ", one that requires continuous maintenance and
replacement on a systematic basis, including:
a. water supply, treatment, and distribution system renovations and
improvements (insert summary of current plan)
b. sanitary sewerage collection and transportation system upgrades
insert summary of current plan
c. urban storm drainage system plan proposals (insert summary of
current plan)
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EXECUTIVE SUMMARY (3.3 continued)
d. street and alley system plan (insert summary of current plan)
e. public safety facilities and capital equipment (insert summary of
current plan)
f. gas and electric power franchise status and plans (insert summary
of current plans)
g. public transit infrastructure (insert summary of current plans)
h. public and private schools and libraries (insert summary of current
plans)
3.4 ECONOMICS/FISCAL ......... planning must recognize the trend toward less state
and federal funding, while at the same time the need for more public funds for
capital and operating budgets in a maturing community. The '95 Plan
proposals include:
a. study and evaluate all fees and charges for public services to see
that revenues cover the full costs of services and all supporting
infrastructure maintenance and reserves, and propose grant or
subsidy policies to respond to the needs of special groups or
populations
b. study and evaluate privatization options for public functions that are
fully or partially funded with tax revenues.
c. enlarge and extend tax increment financing districts to encourage
development and redevelopment that increases tax base.
d. adopt industrial revenue bonding procedures to finance private
development that increases tax base.
e. continue to use revenue and general obligation bonds to finance
public facility capital improvement programs
3.5 SUBAREA PLANS......... cover nine specific segments of the city that have
particular planning needs that require more detail. These areas were defined
and described in VOLUME TWO, PART SEVEN, and the following '95 Plan
recommendations are proposed:
a. LYNDALE - HUB- NICOLLET.....
b. WEST 66TH STREET CORRIDOR........
c. PENN /66TH...........
d. INTERSTATE - LYNDALE- NICOLLET
e. CEDAR AVENUE CORRIDOR
f . PORTLAND AVENUE CORRIDOR
g. PENN AVENUE CORRIDOR
h. NICOLLET AVENUE CORRIDOR
I. 1-494 CORRIDOR (except ILN)
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EXECUTIVE SUMMARY (continued)
4.0 PART FOUR ............ .................Implementation
4.1 ANNUAL PLAN REVIEW ................schedule staff report and work session
4.2 REVISE ZONING ......................to conform to adopted '95 Plan
4.3 REVISE DEVELOPMENT REVIEW Pr JCEDURES.......to reflect'95 Plan
5.0 PART FIVE ........ ......................Supporting Documentation
5.1 DEMOGRAPHIC DETAIL
5.2 PROCESS DESCRIPTION AND DATA
5.3 OTHER SUPPORTING DOCUMENTATION
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The measure clarifies a 1994 law that al-
lowed for an audit once every five years for
some smaller cities and towns. That law,
however, did not specify whether each of the
years in the five -year period, or only one year
chosen at random, had to be audited.
The new law, effective March 30, 1995,
clarifies that auditors or accountants will
audit only one year, chosen at random, for
each five -year period.
Prior to the 1994 law change, towns and
cities — regardless of size — had to be
audited by the state auditor or a public ac-
countant every year.
The measure was sponsored by Rep. Roger
Cooper (DFL -Bird Island) and Sen. Dallas
Sams (DFL - Staples).
HF305 */SF265/CH27
METRO AFFAIRS
Status quo for Met Council pay
The Metropolitan Council could not use
money from the sale of bonds to buy uni-
forms for bus drivers, under a bill now being
considered by the governor.
The proposal was given House approval
May 22. The vote was 109 -55. It passed the
Senate the same day, 55 -9.
The bill makes mostly technical changes to
the council and its operations, but also says
uniforms are not to be considered a capital
expenditure.
Without the provision, $750,000 could
have been spent to buy new uniforms for the
more than 1,000 Metropolitan Council Tran-
sit Operations (formerly MTC) bus drivers.
The bill also deletes from current law a
requirement that the council submit salary
recommendations for council members to
the Legislature.
The House voted overwhelmingly (106-
20) to cut council salaries this year. The vote
was to slash the salary for the chair of the
Metropolitan Council from $52,500 per year
to $29,657 — the same pay lawmakers re-
ceive. And it would have trimmed Metropoli-
tan Council members' salaries from $20,000
per year to $6,000.
The cuts were removed during conference
committee negotiations.
The bill was sponsored by Rep. Myron
Orfield (DFL -MpLs) and Sen. Carol Flynn
DFL- Mpls).
HF585 /SF281 */CH236
I* Better metro planning
A new state law is intended to
Za better coordinate planning and
development across the Twin Cit-
5. ies metropolitan region.
atl" Effective Aug. 1, 1995, cities,
counties, and towns within the
seven - county metropolitan area must review
and update their comprehensive plans by
December 1998. Each will then have to re-
peat the process every 10 years. (The final
plans are then to be submitted to the Metro-
politan Council.)
A comprehensive plan serves as a develop-
ment and planning blueprint for a local gov-
ernment. Plans include a section stating how
the governments planned land use and its
urban services, such as sewer service, would
affect adjoining communities.
The law will not allow local governments
to adopt zoning ordinances which conflict
with their comprehensive plans.
The zoning guide laid out in the plans,
however, can be amended by a two-third
majority vote of the local governmental unit's
governing body.
Currently, if a government's zoning ordi-
nance differs from its comprehensive plan,
the zoning ordinance supersedes the plan.
The measure was sponsored by Rep. Dee
Long (DFL -Mpls) and Sen. Ted Mondale
DFL -St. Louis Park).
HF833 */SF841/CH176
TAXES
Omnibus tax bill
All those owning cabins in Minnesota —
including non - residents — would get a small
property tax break, under the omnibus tax
bill on its way to the governor.
The proposal was given final approval May
22 by the House. The vote was 72 -59. It
passed the Senate the same day, 53 -13.
The current property tax rate on seasonal
recreation property is 2 percent of the
property's value up to $72,000, and 2.5
percent on the value over $72,000.
Under HF1864, the 2 percent rate on the
first $72,000 in value would be cut to 1.9
percent for taxes payable in 1997. For taxes
payable in 1998, it would dip again to 1.8
percent. (The 2.5 percent tax rate for prop-
erty value above $72,000 would not change.)
The tax break would cost the state $24.14
million over the 1998 -1999 biennium in lost
property tax revenue. (Art. 3, Sec. 10)
The tax bill also would impose a new
property tax on wind energy conversion sys-
tems, but the tax would be a boon for Lincoln
and Pipestone counties in southwestern Min-
nesota.
The proposal does not cut $57 million in
local government aid for the current year, as
called for by Gov. Arne Carlson. But an
across- the -board cut of S 16 million in Home-
stead and Agricultural Credit Aid to local
governments would take effect in the second
year of the biennium.
Sponsored by Rep. Ann Rest (DFL -New
Hope), the bill sets a budget reserve of S350
million for the state and also includes the
following tax changes.
HF 1864 * /SFnone/CH264
Wind energy property tax
The current property tax exemption for
wind energy conversion systems would end,
under the bill.
The change would be a boon to Lincoln
and Pipestone counties, both property -poor
but geographically poised nearby the "Buf-
falo Ridge," an area wind energy experts have
called one of the best resources in the United
States to tap wind and convert it to electricity.
And with last year's law mandating that
Northern States Power Co. (NSP) produce
425 megawatts of wind energy by Dec. 31,
2002, (as a condition for allowing the com-
pany to store spent nuclear fuel at Prairie
Island), there are many more wind turbines
coming to the area.
Under the bill, new wind energy systems
generating less than two megawatts of elec-
tricity would remain tax exempt, as would
the 73 existing wind towers in Lincoln County.
Beginning with taxes payable in 1996, all
other new wind energy systems would be
taxed.
The owner of the wind power system would
pay at the commercial - industrial property
tax rate: 3 percent of the first $100,000 of the
wind energy system's value and 4.6 percent
on any value exceeding $100,000.
But the tax would not apply to the entire
value of the wind power structure —each of
which is estimated at between $325,000 and
400,000. Only the value of the structure's
foundation would be taxed — or about 8
percent of the entire system's value. After five
years, 30 percent of the towers' value also
would be taxed, in addition to the foundation
tax.
Since NSP already has taken bids for the
equipment to produce the first 100 mega-
watts of wind energy, the bill would allow
NSP to pass the cost of property taxes result-
ing from these wind energy systems on to rate
payers. (An. 3, Secs. 4, 12, 17 -18)
Mw 26, 1995 / SESSION WEEKLY 41
CHAPTER No. 176
H.F. No. 833
AN ACT
1
2 relating to local government; modifying certain
3 provisions relating to comprehensive municipal
4 planning in the metropolitan area; amending Minnesota
5 Statutes 1994, sections 103B.235, subdivisions 3, 5,.
6 and by adding a subdivision; 462.355, by adding a
7 subdivision; 473.858, subdivision 1; 473.859,
8 subdivisions 1, 2, and 5; 473.864, subdivision 2; and
9 473.867, by adding a subdivision.
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11 Section 1. Minnesota Statutes 1994, section 1038.235,
12 subdivision 3, is amended to read:
13 Subd. 3. [REVIEW.] After consideration but before adoption
14 by the governing body, each local -unit shall submit its water
15 management plan to the watershed management organization for
16 review for consistency with the watershed plan adopted pursuant
17 to section 103B.231. The organization shall approve or
18 disapprove the local plan or parts of the plan. The
19 organization shall have 60 days to complete its review;
20 provided, however, that the watershed management organization
21 shall, as part of its review, take into account the comments
22 submitted to it by the metropolitan council pursuant to
23 subdivision 3a. If the organization fails to complete its
24 review within the prescribed period, the local plan shall be
25 deemed approved unless an extension is agreed to by the local
26 unit.
27 Sec. 2. Minnesota Statutes 1994, section 103B.235, is
1
CHAPTER No. 176
H.F. \o. 833
1 amended by adding a subdivision to read:
2 Subd. 3a. [REVIEW BY METROPOLITAN COUNCIL.) Concurrently
3 with its submission of its local water management plan to the
4 watershed management organization as provided in subdivision 3,
5 each local unit of government shall submit its water management
6 plan to the metropolitan council for review and comment by the
7 council. The council shall have 45 days to review and comment
8 upon the local plan or parts of the plan with respect to
9 consistency with the council's comprehensive development guide
10 for the metropolitan area. The council's 45 -day review period
11 shall run concurrently with the 60 -day review period by the
12 watershed management organization provided in subdivision 3.
13 The metropolitan council shall submit its comments to the
14 watershed management organization and shall send a copy of its
15 comments to the local government unit. If the metropolitan
16 council fails to complete its review and make comments to the
17 watershed management organization within the 45 -day period, the
18 watershed management organization shall complete its review as
19 provided in subdivision 3.
20 Sec. 3. Minnesota Statutes 1994, section 1038.235,
21 subdivision 5, is amended to read:
22 Subd. 5. [AMENDMENTS.) To the extent and in the manner
23 required by the organization, all amendments to local water
24 management plans shall be submitted to the organization for
25 review and approval in accordance with the provisions of
26 subdivision subdivisions 3 and 3a for the review of plans.
27 Sec. 4. Minnesota Statutes 1994, section 462.355, is
28 amended by adding a subdivision to read:
29 Subd. la. (PLAN UPDATE BY METROPOLITAN MUNICIPALITIES.)
30 Each municipality in the metropolitan area, as defined in
31 section 473.121, subdivision 2, shall review and update its
32 comprehensive plan and fiscal devices and official controls as
33 pro, - &ded in section 473.864, subdivision 2.
34 Sec. 5. Minnesota Statutes 1994, section 473.858,
35 subdivision 1, is amended to read:
36 Subdivision 1. Within three years following the receipt of
2
CHAPTER No. 176
H.F. No. 833
1 the metropolitan. system statement, every local governmental unit
2 shall have prepared a comprehensive plan in accordance with
3 sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871
4 and the applicable planning statute and shall have submitted the
5 plan to the metropolitan council for review pursuant to section
6 473.175. The provisions of sections 462.355, subdivision 4,
7 473.175, and 473.851 to 473.871 shall supersede the provisions
8 of the applicable planning statute wherever a conflict may
9 exist. If the comprehensive municipal plan is in conflict with
10 the zoning ordinance, the zoning ordinance supersedes -the
11 plenT shall be brought into conformance with the plan by local
12 government units in conjunction with the review and, if
13 necessary, amendment of its comprehensive plan required -under
14 section 473.864, subdivision 2. After August 1, 1995, a local
15 government unit shall not adopt any fiscal device or official
16 control which is in conflict with its comprehensive plan,
17 including any amendments to the plan, or which permits activity
18 in conflict with metropolitan system plans, as defined by
19 section 473.852, subdivision 8. The comprehensive plan shall
20 provide guidelines for the timing and sequence of the adoption
21 of official controls to ensure planned, orderly, and staged
22 development and redevelopment consistent with the comprehensive
23 plan. For purposes of this section, a fiscal device or official
24 control shall not be considered to be in conflict with a local
25 government unit's comprehensive plan or to permit an activity in
26 conflict with metropolitan system plans if such fiscal device or
27 official control is adopted to ensure the planned, orderly, and
28 staged development of urbanization or redevelopment areas
29 designated in the comprehensive plan pursuant to section
30 473.859, subdivision 5.
31 Sec. 6. Minnesota Statutes 1994, section 473.859,
32 subdivision 1, is amended to read:
33 Subdivision 1. [CONTENTS.) The comprehensive plan shall
34 contain. objectives, policies, standards and programs to guide
35 public and private land use, development, redevelopment and
36 preservation. for all lands and waters within the jurisdiction of
3
CHAPTER No. 176
H.F. No. 833
1 the local governmental unit through 1990 and may extend through
2 any year thereafter which is evenly divisible by five. Each
3 plan shall specify expected industrial and commercial
4 development, planned population distribution, and local public
5 facility capacities upon which the plan is based. Each plan
6 shall contain.a discussion of the use of the public facilities
7 specified in the metropolitan system statement and the effect of
8 the plan on adjacent local governmental units and affected
9 school districts. Existing plans and official controls may be
10 used in whole or in part following modification, as necessary,
11 to satisfy the requirements of sections 462.355, subdivision 4,
12 473.175, and 473.851 to 473.871. Each plan may contain an
13 intergovernmental coordination element that describes how its
14 planned land uses and urban services affect other communities,
15 adjacent local government units, the region, and the state, and
16 that includes guidel.,.nes for joint planning and decision making
17 with other communities, school districts, and other
18 jurisdictions for siting public schools, building public
19 facilities, and sharing public services.
20 Each plan may contain an economic development element that
21 identifies types of mixed use development, expansion facilities
22 for businesses, and methods for developing a balanced and stable
23 economic base.
24 The comprehensive plan may contain any additional matter
25 which may be included in a comprehensive plan of the local
26 governmental unit pursuant to the applicable: planning statute.
27 Sec. 7. Minnesota Statutes 1994, section 473.859,
28 subdivision 2, is amended to read:
29 Subd. 2.. [LAND USE PLAN.] A land use plan shall include
30 the water management plan required by section 103B.235, and
31 shall designate the existing and proposed location, intensity
32 and extent of use of land and water, including lakes, wetlands,
33 rivers, streams, natural drainage courses, and adjoining land
34 areas that affect water natural resources, for agricultural,
35 residential, commercial, industrial and other public and private
36 purposes, or any combination of such purposes. A land use plan
4
CHAPTER No. 176
H.F. No. 833
1 shall contain a protection element, as appropriate, for historic
2 sites, the matters listed in the water management plan required
3 by section 103B.235, and the matters listed in section 473.204,
4 and an element for protection and development of access to
5 direct sunlight for solar energy systems. A land. ..use plan shall
6 also include a housing element containing standards, plans and
7 programs for providing adequate housing opportunities to meet
8 existing and projected local and regional housing needs,
9 including but not limited to the use of official controls and
10 land use planning to promote the availability of land for the
11 development of low and moderate income housing.
12 Sec. 8. Minnesota Statutes 1994, section 473.859,
13 subdivision 5, is amended to read:
14 Subd. 5. [URBANIZATION AND REDEVELOPMENT AREAS.] The
15 comprehensive plans may designate, when appropriate, five year
16 urbanization areas and shall specify in the capital improvement
17 program the timing and sequence of major local public facilities
18 and in the implementation program official controls which will
19 ensure that urbanization occurs only in urbanization areas and
20 in accordance with the plan.
21 The comprehensive plans may designate, when appropriate,
22 redevelopment areas and may, as appropriate, specify in the
23 capital improvement program the timing and sequence of local
24 public facilities and in the implementation program the fiscal
25 devices or official controls that will ensure that redevelopment
26 occurs in accordance with the plan.
27 Sec. 9. Minnesota Statutes 1994, section 473.864,
28 subdivision 2, is amended to read:
29 Subd. 2. By December 31, 1998, and at least once every ten
30 years thereafter, each local gove nmental_unit shall review and,
31 if necessary, amend its entire comprehensive plan and its fiscal
32 devices and official controls. Such review and, if necessary,
33 amendment shall ensure that, as provided in section 473.865, the
34 fiscal devices and official controls-of each local government
35 unit are not in conflict with its comprehensive plan. Upon
36 completion of review and, if necessary, amendment of its
5
CHAPTER No. 176
H.F. No. 833
1 comprehensive plan, fiscal devices, and official controls as
2 required by this section, each local government unit shall
3 either:
4 (a) submit to the metropolitan council the entire current
5 comprehensive plan together with written certification by the
6 governing body of the local government unit that it has complied
7 with this section and that no amendments to its plan or fiscal
8 devices or official controls are necessary; or
9 (b)(1) submit the entire updated comprehensive plan and
10 amendment or amendments to its comprehensive plan necessitated
11 by its review to the metropolitan council for review; and
12 (2) submit the amendment or amendments to its fiscal
13 devices or official controls necessitated by its review to the
14 metropolitan council for information purposes as provided by
15 section 473.865.
16 Except as otherwise provided in this paragraph, local
17 governments shall consider, in preparing their updated
18 comprehensive plans, amendments to metropolitan system 21ans in
19 effect on December 31, 1996. For metropolitan system plans, or
20 amendments thereto, adopted after December 31, 1996, local
21 governments shall review their comprehensive plans to determine
22 if an amendment is necessary to conform to the metropolitan
23 system plans. If an amendment is necessary, the local
24 government shall prepare the amendment and submit it to the
25 council for review by September 30, 1999, or nine months after
26 the council transmits the metropolitan system plan amendment to
27 the local government, whichever is later.
28 The periodic review required in this subdivision shall be
29 in addition to the review required by section 473.856.
30 The metropolitan council may grant extensions to local
31 government units in order to allow local government units to
32 complete the review and, if necessary, amendment required by
33 this subdivision. Such extensions, if granted by the
34 metropolitan council, must include a timetable and plan for
35 completion of the review and amendment.
36 Amendments to comprehensive plans of local governmental
6
CHAPTER No. l,6
H.F. No. 833
1 units and to capital improvement programs of school districts
2 shall be prepared, submitted, and adopted in conformance with
3 guidelines adopted by the metropolitan council pursuant to
4 section 473.854.
5 Sec. 10. Minnesota Statutes 1994, section 433.867, is
6 amended by adding a subdivision to read:
7 Subd. 6. [ASSISTANCE FOR PLAN UPDATES.] The council shall
8 give priority for the use of loan and grant funds available
9 under this section to local governmental units for review and
10 amendment of local comprehensive plans and fiscal devices and
11 official controls, as required by section 473.864, subdivision
12 2. The council shall consult with affected local government
13 units to evaluate the need for technical and financial
14 assistance.
15 Sec. 11. [REPORT TO LEGISLATURE.]
16 The council shall report to the legislature by January 15,
17 1996, on the results of its consultation with affected local
18 governmental units on the need for technical and financial
19 assistance as required under Minnesota Statutes, section
20 473.867, subdivision 6.
21 Sec. 12. [APPLICATION.]
22 This act applies in the counties of Anoka, Carver, Dakota,
23 Hennepin, Ramsey, Scott, and Washington.
7
CHAPTER No. 176
H.F. No. 833
This bill was passed in conformity to the rules of each house and the joint rules
of the two houses as required by the Constitution of the State of Minnesota.
Irvin . Ander o
Speaker of the Howe of Representatives.
Passed the House of Representatives on May 11, 1995.
Passed the Senate on May 8, 1995.
l ,
This bill is properly enrolled and was presented to the
Governor on `, 1995.
Ilan . Spear
President o the Senate.
dward A, Burdick
Chief C6rk, House of Represrntotives.
pw
Patrick E. Flahaven
Secretary of the Senate.
vim• —r..
tarry M. Walsh
Revisor of Statutes.
Approved on Mo,a %rl 1995, at \ 1 y Q , M.
Arne H. Carlson
Governor.
Filed on a,, 1995.
Al AA A0,16140
Joan Anderson Growe
Secretary of state.
e