SF 2117

as introduced - 89th Legislature (2015 - 2016) Posted on 04/27/2015 08:37am

A bill for an act
relating to the Metropolitan Council; providing for metropolitan county
commissioners to serve as members of the Metropolitan Council; modifying the
vote required to approve Metropolitan Council policies, plans, and budgets;
modifying the Metropolitan Land Planning Act to eliminate authority of the
Metropolitan Council to require local comprehensive plan amendments in
response to council policies, plans, and system statements; establishing a blue
ribbon commission to study and make recommendations on metropolitan
governance; appropriating money; amending Minnesota Statutes 2014,
sections 473.123, subdivisions 1, 4, by adding subdivisions; 473.145; 473.175,
subdivisions 1, 2; 473.851; 473.856; 473.858, subdivision 1; 473.859,
subdivisions 3, 4; 473.864, subdivision 2; 473.865, subdivision 2; 473.87;
repealing Minnesota Statutes 2014, sections 473.123, subdivisions 2a, 3, 3a, 3e;
473.175, subdivision 3; 473.857; 473.864, subdivision 1; 473.866; Laws 1994,
chapter 628, article 1, section 8.

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

Section 1.

Minnesota Statutes 2014, section 473.123, subdivision 1, is amended to read:

Subdivision 1.

Creation.

A Metropolitan Council with jurisdiction in the
metropolitan area is established as a public corporation and political subdivision of the
state. It shall be under the supervision and control of deleted text begin 17 deleted text end new text begin 15 new text end members, all of whom shall be
residents of the metropolitan area.

Sec. 2.

Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Members; appointment; terms. new text end

new text begin Fourteen members of the council shall
be county commissioners appointed by their respective county boards. Each metropolitan
county shall have two county commissioners who also serve as metropolitan council
members. Each year, each metropolitan county board shall appoint one of its county
commissioners to serve on the council for a two-year term. Each appointment must be
made as soon as practicable after January 1 of the year in which the commissioner is to
be appointed. A county commissioner may serve no more than two terms. A council
member's office may become vacant as provided in chapter 351 and any vacancy in the
office of a council member shall immediately be filled for the unexpired term in the same
manner as appointments for a regular term. Appointment to fill a vacancy is not a term
for the purposes of the two-term limit in this subdivision.
new text end

Sec. 3.

Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Compensation. new text end

new text begin The council may compensate council members as
provided in section 15.059, subdivision 3.
new text end

Sec. 4.

Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:

Subd. 4.

Chair; appointment, officers, selection; duties and compensation.

(a)
The chair of the Metropolitan Council shall be appointed by the governor as the deleted text begin 17th deleted text end new text begin 15th
new text end voting member thereof by and with the advice and consent of the senate to serve at the
pleasure of the governor to represent the metropolitan area at large. Senate confirmation
shall be as provided by section 15.066.

The chair of the Metropolitan Council shall, if present, preside at meetings of the
council, have the primary responsibility for meeting with local elected officials, serve as
the principal legislative liaison, present to the governor and the legislature, after council
approval, the council's plans for regional governance and operations, serve as the principal
spokesperson of the council, and perform other duties assigned by the council or by law.

(b) The Metropolitan Council shall elect other officers as it deems necessary for
the conduct of its affairs for a one-year term. A secretary and treasurer need not be
members of the Metropolitan Council. Meeting times and places shall be fixed by the
Metropolitan Council and special meetings may be called by a majority of the members
of the Metropolitan Council or by the chair. The chair and each Metropolitan Council
member shall be reimbursed for actual and necessary expenses.

(c) Each member of the council shall attend and participate in council meetings
and meet regularly with local elected officials and legislative members from the council
member's district. Each council member shall serve on at least one division committee for
transportation, environment, or community development.

(d) In the performance of its duties the Metropolitan Council may adopt policies
and procedures governing its operation, establish committees, and, when specifically
authorized by law, make appointments to other governmental agencies and districts.

Sec. 5.

Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Vote required to take action. new text end

new text begin The council may adopt or approve the
development guide or any plan, policy, or budget, or amendment to any of those, only
if both members from each of at least four of the metropolitan counties vote in favor of
adoption or approval and at least three of the counties whose members vote in favor of
adoption are other than Hennepin or Ramsey County.
new text end

Sec. 6.

Minnesota Statutes 2014, section 473.145, is amended to read:

473.145 DEVELOPMENT GUIDE.

The Metropolitan Council shall prepare and adopt, after appropriate study and
such public hearings as may be necessary, a comprehensive development guide for the
metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development,
public and private, of the metropolitan area. The comprehensive development guide shall
recognize and encompass physical, social, or economic needs of the metropolitan area
and those future developments which will have an impact on the entire area including
but not limited to such matters as land use, new text begin zoning, new text end parks and open space land needs,
the necessity for and location of airports, highways, transit facilities, public hospitals,
libraries, schools, and other public buildings. new text begin The development guide is advisory in nature
and no local unit of government is required to comply with or conform to the guide. A
local unit of government may, by a vote of the governing body, decide that some or all of
the provisions of the guide are binding on it.
new text end

Sec. 7.

Minnesota Statutes 2014, section 473.175, subdivision 1, is amended to read:

Subdivision 1.

For compatibility, conformity.

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

Sec. 8.

Minnesota Statutes 2014, section 473.175, subdivision 2, is amended to read:

Subd. 2.

120-day limit.

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

deleted text begin No action shall be taken by any local governmental unit to place any such
comprehensive plan or part thereof into effect until the council has returned the statement
to the unit and until the local governmental unit has incorporated any modifications in the
plan required by a final decision, order, or judgment made pursuant to section 473.866.
If within 120 days, unless a time extension is mutually agreed to, the council fails to
complete its written statement the plans shall be deemed approved and may be placed into
effect. Any amendment to a plan subsequent to the council's review shall be submitted
to and acted upon by the council in the same manner as the original plan. The written
statement of the council shall be filed with the plan of the local government unit at all
places where the plan is required by law to be kept on file.
deleted text end

Sec. 9.

Minnesota Statutes 2014, section 473.851, is amended to read:

473.851 LEGISLATIVE FINDINGS AND PURPOSE.

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

Sec. 10.

Minnesota Statutes 2014, section 473.856, is amended to read:

473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.

The council shall prepare and transmit to each affected local governmental unit a
metropolitan system statement when the council updates or revises its comprehensive
development guide for the metropolitan area in conjunction with the decennial review
required under section 473.864, subdivision 2, and when the council amends or modifies
a metropolitan system plan. The statement shall contain information relating to the unit
and appropriate surrounding territory that the council determines necessary for the unit to
consider in reviewing the unit's comprehensive plan. The statement may include:

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

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

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

Sec. 11.

Minnesota Statutes 2014, section 473.858, subdivision 1, is amended to read:

Subdivision 1.

No conflicting zoning, fiscal device, official control.

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

Sec. 12.

Minnesota Statutes 2014, section 473.859, subdivision 3, is amended to read:

Subd. 3.

Public facilities plan.

A public facilities plan shall describe the character,
location, timing, sequence, function, use and capacity of existing and future public
facilities of the local governmental unit. A public facilities plan must be in at least such
detail as may be necessary to establish existing or potential effects on or departures from
metropolitan system plans deleted text begin and to protect metropolitan system plans deleted text end . A public facilities
plan shall contain at least the following parts:

(1) a transportation plan describing, designating and scheduling the location, extent,
function and capacity of existing and proposed local public and private transportation
services and facilities;

(2) a sewer policy plan describing, designating and scheduling the areas to be
sewered by the public system, the existing and planned capacities of the public system, the
standards and conditions under which the installation of private sewer systems will be
permitted, and to the extent practicable, the areas not suitable for public or private systems
because of public health, safety and welfare considerations;

(3) a parks and open space plan describing, designating and scheduling the existing
and proposed parks and recreation open spaces within the jurisdiction; and

(4) a water supply plan as described in section 103G.291, subdivision 3.

Sec. 13.

Minnesota Statutes 2014, section 473.859, subdivision 4, is amended to read:

Subd. 4.

Implementation program.

An implementation program shall describe
public programs, fiscal devices and other specific actions to be undertaken in stated
sequence to implement the comprehensive plan deleted text begin and ensure conformity with metropolitan
system plans deleted text end . An implementation program must be in at least such detail as may be
necessary to establish existing or potential effects on or departures from metropolitan
system plans deleted text begin and to protect metropolitan system plans deleted text end . An implementation program
shall contain at least the following parts:

(1) a description of official controls, addressing at least the matters of zoning,
subdivision, water supply, and private sewer systems, and a schedule for the preparation,
adoption, and administration of such controls;

(2) a capital improvement program for transportation, sewers, parks, water supply,
and open space facilities; and

(3) a housing implementation program, including official controls to implement the
housing element of the land use plan, which will provide sufficient existing and new
housing to meet the local unit's share of the metropolitan area need for low and moderate
income housing.

Sec. 14.

Minnesota Statutes 2014, section 473.864, subdivision 2, is amended to read:

Subd. 2.

Decennial review.

By December 31, 1998, and at least once every ten
years thereafter, each local governmental unit shall review and, if deleted text begin necessary deleted text end new text begin desired new text end ,
amend its entire comprehensive plan and its fiscal devices and official controls. Such
review and, if deleted text begin necessary deleted text end new text begin desired new text end , amendment shall ensure that, as provided in section
473.865, the fiscal devices and official controls of each local government unit are not
in conflict with its comprehensive plan. Upon completion of review and, if deleted text begin necessary
deleted text end new text begin desired new text end , amendment of its comprehensive plan, fiscal devices, and official controls as
required by this section, each local government unit shall either:

(a) submit to the Metropolitan Council the entire current comprehensive plan
together with written certification by the governing body of the local government unit that
it has complied with this section and deleted text begin that no deleted text end new text begin whether there are new text end amendments to its plan or
fiscal devices or official controls deleted text begin are necessary deleted text end ; or

(b)(1) submit the entire updated comprehensive plan and amendment or amendments
to its comprehensive plan deleted text begin necessitated by deleted text end new text begin resulting from new text end its review to the Metropolitan
Council for review new text begin and comment new text end ; and

(2) submit the amendment or amendments to its fiscal devices or official controls
deleted text begin necessitated by deleted text end new text begin resulting from new text end its review to the Metropolitan Council for information
purposes as provided by section 473.865.

Except as otherwise provided in this paragraph, local governments shall consider, in
preparing their updated comprehensive plans, amendments to metropolitan system plans
in effect on December 31, 1996. For metropolitan system plans, or amendments thereto,
adopted after December 31, 1996, new text begin each new text end local deleted text begin governments deleted text end new text begin government new text end shall review deleted text begin their
deleted text end new text begin its new text end comprehensive plans to determine if deleted text begin an amendment is necessary to conform to the
metropolitan system plans deleted text end new text begin the local government wants to amend the plan new text end . If an amendment
is deleted text begin necessary deleted text end new text begin desired new text end , the local government shall prepare the amendment and submit it to
the council for review by September 30, 1999, or nine months after the council transmits
the metropolitan system plan amendment to the local government, whichever is later.

The periodic review required in this subdivision shall be in addition to the review
required by section 473.856.

The Metropolitan Council may grant extensions to local government units in order
to allow local government units to complete the review deleted text begin and, if necessary, amendment
required by this subdivision deleted text end . Such extensions, if granted by the Metropolitan Council,
must include a timetable and plan for completion of the review deleted text begin and amendment deleted text end .

Amendments to comprehensive plans of local governmental units shall be prepared,
new text begin adopted, and new text end submitted deleted text begin , and adopted in conformance with guidelines adopted by deleted text end new text begin to new text end the
Metropolitan Council pursuant to section 473.854.

Sec. 15.

Minnesota Statutes 2014, section 473.865, subdivision 2, is amended to read:

Subd. 2.

No conflict with plans.

A local governmental unit shall not adopt any
official control or fiscal device which is in conflict with its comprehensive plan deleted text begin or which
permits activity in conflict with metropolitan system plans deleted text end .

Sec. 16.

Minnesota Statutes 2014, section 473.87, is amended to read:

473.87 LEVY FOR INCREASED COSTS.

The increased costs to a municipality of implementing sections 473.175; 473.858,
subdivisions 1 to 3; new text begin and new text end 473.859 to 473.862 deleted text begin ; and 473.866 deleted text end shall be deemed a levy and the
proceeds of any tax levied under this section shall be deposited in the municipal treasury
in a separate fund and expended only for the purposes authorized by this section.

Sec. 17. new text begin BLUE RIBBON COMMISSION ON THE METROPOLITAN COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Blue Ribbon Commission on the Metropolitan Council
established. new text end

new text begin The Blue Ribbon Commission on the Metropolitan Council is established
to study the needs of the region and make recommendations to the legislature and the
governor on the powers, duties, functions, and responsibilities that the Metropolitan
Council should have, the appropriate relationship the Metropolitan Council should have
with metropolitan area local governments, and the appropriate governance structure to
support and enhance those powers, duties, functions, and relationships.
new text end

new text begin Subd. 2. new text end

new text begin Authority; duties. new text end

new text begin (a) Among any other topics that the commission
determines are useful for informing the commission's understanding and recommendations
for the Metropolitan Council's powers, duties, functions, and relationships, the commission
shall study:
new text end

new text begin (1) the history and development of regional government in the metropolitan area;
new text end

new text begin (2) the goals of local and regional government, whether they are appropriate goals,
and obstacles to achieving those goals;
new text end

new text begin (3) how to ensure adequate and appropriate accountability of the council to the
region and to the constituent local governments and residents of the region; and
new text end

new text begin (4) whether long-term regional planning is compatible with operation of major
regional systems.
new text end

new text begin (b) The commission shall conduct meetings and hearings to gather information
and analysis.
new text end

new text begin (c) The commission shall consult with all interested parties, including but not
limited to:
new text end

new text begin (1) local elected officials and staff of metropolitan area cities, counties, and towns;
new text end

new text begin (2) the Metropolitan Council;
new text end

new text begin (3) state agencies that coordinate planning or services with or issue permits to the
Metropolitan Council;
new text end

new text begin (4) academics with expertise and interest in regional government models and
local-regional government relations;
new text end

new text begin (5) former chairs of the Metropolitan Council; and
new text end

new text begin (6) other former state or regional officials with experience with and interest in
regional government and local-regional relations.
new text end

new text begin (d) The commission shall report the results of its study to the chairs and ranking
minority members of the legislative committees with jurisdiction over the Metropolitan
Council and to the governor by March 15, 2016. The report may be in the form of
proposed legislation.
new text end

new text begin Subd. 3. new text end

new text begin Members. new text end

new text begin (a) The commission shall consist of the following members:
new text end

new text begin (1) three state representatives appointed by the speaker of the house, at least one
each from the majority and minority caucuses;
new text end

new text begin (2) three state senators appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration, at least one each from the majority and
minority caucuses;
new text end

new text begin (3) seven public members, one from each of the metropolitan counties, who may be
but are not required to be local elected officials; three must be appointed by the senate
Subcommittee on Committees of the Committee on Rules and Administration, three must
be appointed by the speaker of the house, and one must be appointed by the governor.
Appointments under this clause must be made as provided in Minnesota Statutes, section
15.0597. Appointing authorities are encouraged to consult with each other in making their
respective appointments in order to ensure that appointees have diverse interests in and
experience with local and regional government and diverse relevant expertise.
new text end

new text begin (b) Appointments must be made as soon as practicable after the effective date of
this section.
new text end

new text begin Subd. 4. new text end

new text begin Chairs. new text end

new text begin The legislative appointing authorities shall each designate a
legislative appointee to serve as cochair of the commission.
new text end

new text begin Subd. 5. new text end

new text begin Meetings; staff. new text end

new text begin Meetings of the commission are subject to Minnesota
Statutes, chapter 13D. The Legislative Coordinating Commission shall provide
administrative support to the commission, including posting meeting notices on the
legislative Web site. Legislative staff, the Metropolitan Council, and state agencies shall
provide assistance when requested by the commission. The Legislative Coordinating
Commission may accept gifts, as provided in Minnesota Statutes, section 3.303, to support
the work of the Blue Ribbon Commission.
new text end

new text begin Subd. 6. new text end

new text begin Compensation; expenses. new text end

new text begin Legislative members of the commission may
be compensated as provided by the respective bodies of the legislature. Public members of
the commission shall not receive compensation, but must be reimbursed for expenses as
provided in Minnesota Statutes, section 15.0575, subdivision 3.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin $....... in fiscal year 2016 is appropriated from the general
fund to the Legislative Coordinating Commission to pay the costs of the commission. This
appropriation is available until June 30, 2017.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The commission expires June 30, 2016.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 473.175, subdivision 3; 473.857; 473.864,
subdivision 1; and 473.866, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2014, section 473.123, subdivisions 2a, 3, 3a, and 3e, new text end new text begin and
new text end new text begin Laws 1994, chapter 628, article 1, section 8, new text end new text begin are repealed.
new text end

Sec. 19. new text begin APPLICATION; EFFECTIVE DATES; TRANSITION.
new text end

new text begin (a) Sections 1 to 5 and 18, paragraph (b), are effective January 1, 2018, and apply
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Metropolitan Council members serving on the effective date of this section shall continue
to serve until members appointed from the metropolitan counties take office. For initial
appointments under section 2, each county shall designate one appointee to serve a
one-year term and one member to serve a two-year term.
new text end

new text begin (b) Sections 6 to 16 and 18, paragraph (a), apply in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington. Sections 6 to 16 are effective August
1, 2015, and apply to all policies, plans, guides, ordinances, applications, or other matters
submitted to the Metropolitan Council on or after that date.
new text end

new text begin (c) Section 17 is effective the day following final enactment.
new text end