HF 2663

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 12:48pm

A bill for an act
relating to metropolitan government; repealing obsolete provisions governing
the Metropolitan Council; making certain conforming technical changes;
amending Minnesota Statutes 2012, sections 473.123, subdivision 4; 473.125;
473.129, subdivisions 6, 12; 473.173, subdivision 2; 473.181, subdivision 2;
473.254, subdivisions 3a, 4, 5; 473.315, subdivision 1; 473.375, subdivision 11;
473.39, subdivision 1e; 473.391, subdivision 1; 473.405, subdivision 5; 473.42;
473.504, subdivisions 5, 11; 473.858, subdivision 1; 473.859, subdivision 6;
473.861, subdivision 2; 473.862, subdivision 2; repealing Minnesota Statutes
2012, sections 473.123, subdivision 7; 473.13, subdivision 1c; 473.23; 473.241;
473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2; 473.326;
473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392;
473.516, subdivision 5; 473.523, subdivision 2; 473.535; 473.852, subdivision
11; Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9.

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

Section 1.

Minnesota Statutes 2012, 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 17th
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. deleted text begin The annual budget of the council
shall provide as a separate account anticipated expenditures for compensation, travel, and
associated expenses for the chair and members, and compensation or reimbursement shall
be made to the chair and members only when budgeted.
deleted text end

(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. 2.

Minnesota Statutes 2012, section 473.125, is amended to read:

473.125 REGIONAL ADMINISTRATOR.

The Metropolitan Council shall appoint a regional administrator to serve at
the council's pleasure as the principal administrative officer for the Metropolitan
Council. The regional administrator shall organize the work of the council staff. The
regional administrator shall appoint on the basis of merit and fitness, and discipline and
discharge all employees in accordance with the council's personnel policy, except deleted text begin (1) the
performance and budget analysts provided for in section 473.123, subdivision 7, (2) deleted text end the
general counsel, as provided in section 473.123, subdivision 8 deleted text begin , (3) employees of the
offices of wastewater services and transit operations, who are appointed, disciplined, and
discharged in accordance with council personnel policies by their respective operations
managers, and (4) metropolitan transit police officers deleted text end . The regional administrator must
ensure that all policy decisions of the council are carried out. The regional administrator
shall attend meetings of the council and may take part in discussions but may not vote.
The regional administrator shall recommend to the council for adoption measures deemed
necessary for efficient administration of the council, keep the council fully apprised of
the financial condition of the council, and prepare and submit an annual budget to the
council for approval. The regional administrator shall prepare and submit for approval by
the council an administrative code organizing and codifying the policies of the council,
and perform other duties as prescribed by the council. The regional administrator may be
chosen from among the citizens of the nation at large, and shall be selected on the basis of
training and experience in public administration.

Sec. 3.

Minnesota Statutes 2012, section 473.129, subdivision 6, is amended to read:

Subd. 6.

On metro agencies.

deleted text begin (a) deleted text end The Metropolitan Council shall appoint from its
membership a member to serve with each metropolitan agency. Each member of the
Metropolitan Council so appointed on each of such agencies shall serve without a vote.

deleted text begin (b) The Metropolitan Council shall also appoint individuals to the governing body
of the cable communications metropolitan interconnected regional channel entity under
section 238.43, subdivision 5.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 473.129, subdivision 12, is amended to read:

Subd. 12.

Best value procurement alternative.

(a) Notwithstanding the provisions
of section 471.345, the council may award a contract for the purchase of transit vehicles
to the vendor or contractor offering the best value under a request for proposals. For the
purposes of this subdivision, "transit vehicles" means buses and coaches, commuter rail
locomotives and coach cars, light rail vehicles, and paratransit vehicles that are used to
provide transit and special transportation service pursuant to sections 473.371 to 473.449.

(b) For the purposes of this subdivision, "best value" describes a result intended in
the acquisition of goods and services described in paragraph (a). Price must be one of
the evaluation criteria deleted text begin when acquiring such goods and services deleted text end . Other evaluation criteria
may include, but are not limited to, environmental considerations, quality, and vendor or
contractor performance. deleted text begin A best value determination must be based on deleted text end The evaluation
criteria deleted text begin detailed deleted text end new text begin must be included new text end in the solicitation document deleted text begin . If criteria other than
price are used, the solicitation document must state deleted text end new text begin as well as new text end the relative importance of
price and other factors.

Sec. 5.

Minnesota Statutes 2012, section 473.173, subdivision 2, is amended to read:

Subd. 2.

Rules.

deleted text begin By September 1, 1976, deleted text end The council shall adopt and put into effect
rules establishing standards, guidelines and procedures for determining whether any
proposed matter is of metropolitan significance, and establishing a procedure for the review
of and final determination on such matters in accordance with the powers and requirements
set forth in this section. The purpose of these rules shall be to promote the orderly and
deleted text begin economic deleted text end new text begin economical new text end development, public and private, of the metropolitan area.

Sec. 6.

Minnesota Statutes 2012, section 473.181, subdivision 2, is amended to read:

Subd. 2.

Parks.

The council shall review local government park master plans
pursuant to section 473.313. deleted text begin The Metropolitan Council shall approve the use of moneys
made available for land acquisition to local units of government from the land and
conservation fund, the open space program of HUD, the natural resources account in the
state treasury, if the use thereof conforms with the system of priorities established by
law as part of a comprehensive plan for the development of parks; otherwise it shall
disapprove of the use thereof.
deleted text end

Sec. 7.

Minnesota Statutes 2012, section 473.254, subdivision 3a, is amended to read:

Subd. 3a.

Affordable, life-cycle housing opportunities amount deleted text begin after 2002 deleted text end .

deleted text begin (1) deleted text end deleted text begin Notwithstanding any other provisions of this section, commencing for calendar
year 2003 and each succeeding calendar year, deleted text end new text begin (a) new text end Each municipality's "affordable and
life-cycle housing opportunities amount" for that year must be determined new text begin annually new text end by
the council using the method in this subdivision. The affordable and life-cycle housing
opportunities amount must be determined for each calendar year for all municipalities
in the metropolitan area.

deleted text begin (2) deleted text end new text begin (b) new text end The council must allocate to each municipality its portion of the $1,000,000
of the revenue generated by the levy authorized in section 473.249 which is credited to the
local housing incentives account pursuant to subdivision 5, paragraph (b). The allocation
must be made by determining the amount levied for and payable in each municipality in
the previous calendar year pursuant to the council levy in section 473.249 divided by the
total amount levied for and payable in the metropolitan area in the previous calendar year
pursuant to such levy and multiplying that result by $1,000,000.

deleted text begin (3) deleted text end new text begin (c) new text end The council must also determine the amount levied for and payable in
each municipality in the previous calendar year pursuant to the council levy in section
473.253, subdivision 1.

deleted text begin (4) deleted text end new text begin (d) new text end A municipality's affordable and life-cycle housing opportunities amount
for the calendar year is the sum of the amounts determined under deleted text begin clauses (2) and (3)
deleted text end new text begin paragraphs (b) and (c) new text end .

deleted text begin (5) Within 90 days after the effective date of this act, the council must notify each
municipality of its affordable and life-cycle housing opportunities amount for calendar
years 2003 and 2004 as determined by the method in this subdivision. These amounts
replace the affordable and life-cycle housing opportunities amount for each municipality
for calendar years 2003 and 2004 as previously determined by the method in subdivision 3.
deleted text end

deleted text begin (6) deleted text end new text begin (e) new text end By deleted text begin August 1, 2004, and by deleted text end August 1 of each deleted text begin succeeding deleted text end year, the council
must notify each municipality of its affordable and life-cycle housing opportunities
amount for the following calendar year determined by the method in this subdivision.

Sec. 8.

Minnesota Statutes 2012, section 473.254, subdivision 4, is amended to read:

Subd. 4.

Affordable and life-cycle housing requirement.

deleted text begin In 1998, and thereafter,
deleted text end new text begin (a) new text end A municipality that does not spend 85 percent of its affordable and life-cycle housing
opportunities amount to create affordable and life-cycle housing opportunities in the
previous calendar year must do one of the following with the affordable and life-cycle
housing opportunities amount for the previous year as determined under subdivision deleted text begin 3
or deleted text end 3a deleted text begin , as applicable deleted text end :

(1) distribute it to the local housing incentives account; or

(2) distribute it to the housing and redevelopment authority of the city or county in
which the municipality is located to create affordable and life-cycle housing opportunities
in the municipality.

new text begin (b) new text end A municipality may enter into agreements with adjacent municipalities to
cooperatively provide affordable and life-cycle housing. The housing may be provided
in any of the cooperating municipalities, but must meet the combined housing goals of
each participating municipality.

Sec. 9.

Minnesota Statutes 2012, section 473.254, subdivision 5, is amended to read:

Subd. 5.

Sources of funds.

(a) The council shall credit to the local housing
incentives account any revenues derived from municipalities under subdivision 4,
paragraph deleted text begin (b) deleted text end new text begin (a) new text end , clause (1).

(b) deleted text begin The council shall credit $1,000,000 of the proceeds of solid waste bonds issued
by the council under Minnesota Statutes, section 473.831, before its repeal, to the local
housing incentives account in the metropolitan livable communities fund. In 1998 and each
year thereafter, deleted text end The council shall new text begin annually new text end credit $1,000,000 of the revenues generated by
the levy authorized in section 473.249 to the local housing incentives account.

(c) deleted text begin In 1997, and each year thereafter, deleted text end The council shall new text begin annually new text end transfer $500,000
from the livable communities demonstration account to the local housing incentives
account.

Sec. 10.

Minnesota Statutes 2012, section 473.315, subdivision 1, is amended to read:

Subdivision 1.

To metro local governments.

The Metropolitan Council with the
advice of the commission may make grants, from any funds available to it for recreation
open space purposes, to any deleted text begin municipality, park district or county located wholly or
partially within the metropolitan area deleted text end new text begin implementing agency, as defined in section 473.351,
new text end to cover the cost, or any portion of the cost, of acquiring or developing regional recreation
open space in accordance with the policy plan; and all such agencies may enter into
contracts for this purpose or rights or interests therein. The cost of acquisition shall
include any payments required for relocation pursuant to sections 117.50 to 117.56.

Sec. 11.

Minnesota Statutes 2012, section 473.375, subdivision 11, is amended to read:

Subd. 11.

Ride sharing.

The council shall administer a ride-sharing program in
the metropolitan area, except for the statewide vanpool leasing program conducted by the
commissioner of transportation and shall cooperate with the commissioner in the conduct
of ride-sharing activities in areas where the commissioner's programs and the council's
program overlap. deleted text begin The council shall establish a rideshare advisory committee to advise it in
carrying out the program. deleted text end The council may contract for services in operating the program.

Sec. 12.

Minnesota Statutes 2012, section 473.39, subdivision 1e, is amended to read:

Subd. 1e.

Obligations; additional authority.

In addition to the authority in
subdivisions 1a, 1b, 1c, and 1d, the council may issue certificates of indebtedness, bonds,
or other obligations under this section in an amount not exceeding $32,500,000, which may
be used for capital expenditures as prescribed in the council's transit capital improvement
program and for related costs, including the costs of issuance and sale of the obligations.

deleted text begin The Metropolitan Council, the city of St. Paul, and the Minnesota Department
of Transportation shall jointly assess the feasibility of locating a bus storage facility
near Mississippi and Cayuga Street and I-35E in St. Paul. If the metropolitan council
determines feasibility, the first priority for siting must be at that location.
deleted text end

Sec. 13.

Minnesota Statutes 2012, section 473.391, subdivision 1, is amended to read:

Subdivision 1.

Contracts.

The council may contract with other operators or local
governments for route planning and scheduling services in any configuration of new
or reconfiguration of existing transit services and routes deleted text begin , including route planning and
scheduling necessary for the test marketing program, the service bidding program, and the
interstate highway described generally as Legislative Routes Nos. 10 and 107 between
I-494 and the Hawthorne interchange in the city of Minneapolis, commonly known as I-394 deleted text end .

Sec. 14.

Minnesota Statutes 2012, section 473.405, subdivision 5, is amended to read:

Subd. 5.

Acquisition of transit systems.

The council may acquire by purchase,
lease, gift, or condemnation proceedings any existing public transit system or any part
thereof, including all or any part of the plant, equipment, shares of stock, property, real,
personal, or mixed, rights in property, reserve funds, special funds, franchises, licenses,
patents, permits and papers, documents and records belonging to any operator of a public
transit system within the metropolitan area, and may in connection therewith assume any
or all liabilities of any operator of a public transit system. The council may take control of
and operate a system immediately following the filing and approval of the initial petition
for condemnation, if the council, in its discretion, determines this to be necessary, and
may take possession of all right, title and other powers of ownership in all properties
and facilities described in the petition. Control must be taken by resolution which is
effective upon service of a copy on the condemnee and the filing of the resolution in
the condemnation action. In the determination of the fair value of the existing public
transit system, there must not be included any value attributable to expenditures for
improvements made by the former Metropolitan Transit Commission or council.

deleted text begin The council may continue or terminate within three months of acquisition any
advertising contract in existence by and between any advertiser and a transit system that
the council has acquired. If the council determines to terminate the advertising contract,
it shall acquire all of the advertiser's rights under the contract by purchase or eminent
domain proceedings as provided by law.
deleted text end

Sec. 15.

Minnesota Statutes 2012, section 473.42, is amended to read:

473.42 EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.

Notwithstanding any contrary provisions of section 352.029, the council shall make
the employer contributions required pursuant to section 352.04, subdivision 3, for any
employee who was on authorized leave of absence from the transit operating division of the
former Metropolitan Transit Commission who is employed by the labor organization which
is the exclusive bargaining agent representing new text begin Metro Transit Division new text end employees of the
deleted text begin Office of Transit Operations deleted text end new text begin council new text end and who is covered by the Minnesota State Retirement
System in addition to all other employer contributions the council is required to make.

Sec. 16.

Minnesota Statutes 2012, section 473.504, subdivision 5, is amended to read:

Subd. 5.

Gifts, grants, loans.

The council may accept gifts, may apply for and
accept grants or loans of money or other property from the United States, the state, or any
person for any of its purposes deleted text begin , including any grant available under the federal Water
Pollution Act amendments of 1972, deleted text end whether for construction, research new text begin , new text end or pilot project
implementation, may enter into any agreement required in connection therewith, and may
hold, use, and dispose of such money or property in accordance with the terms of the gift,
grant, loan new text begin , new text end or agreement relating thereto. deleted text begin The council has all powers necessary to comply
with the federal Water Pollution Control Act amendments of 1972 and any grant offered to
it thereunder including, but not limited to, the power to enter into such contracts with,
or to impose such charges upon, persons using the metropolitan disposal system as it
shall determine to be necessary for the recovery of treatment works and interceptor costs
paid with federal grant funds. Insofar as possible these costs shall be recovered by local
government units on behalf of the council.
deleted text end

Sec. 17.

Minnesota Statutes 2012, section 473.504, subdivision 11, is amended to read:

Subd. 11.

Surplus property.

The council may sell or otherwise dispose of any real
or personal property acquired by it which is no longer required for accomplishment of its
purposes. deleted text begin Such property may be sold in the manner provided by section 469.065, insofar
as practical. The council may give such notice of sale as it shall deem appropriate. When
the council determines that any property or any interceptor or treatment works or any part
thereof which has been acquired from a local government unit without compensation is no
longer required, but is required as a local facility by the government unit from which it
was acquired, the council may by resolution transfer it to such government unit.
deleted text end

Sec. 18.

Minnesota Statutes 2012, 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
necessary, 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 necessary, amendment of its comprehensive plan required under section 473.864,
subdivision 2. deleted text begin After August 1, 1995, deleted text end A local government unit shall not adopt any fiscal
device or official control which is in conflict with its comprehensive plan, including any
amendments to the plan, or which permits activity in conflict with metropolitan system
plans, as defined by section 473.852, subdivision 8. The comprehensive plan shall provide
guidelines for the timing and sequence of the adoption of official controls to ensure planned,
orderly, and staged development and redevelopment consistent with the comprehensive
plan. For purposes of this section, a fiscal device or official control shall not be considered
to be in conflict with a local government unit's comprehensive plan or to permit an activity
in conflict with metropolitan system plans if such fiscal device or official control is adopted
to ensure the planned, orderly, and staged development of urbanization or redevelopment
areas designated in the comprehensive plan pursuant to section 473.859, subdivision 5.

Sec. 19.

Minnesota Statutes 2012, section 473.859, subdivision 6, is amended to read:

Subd. 6.

Plan review.

The council shall deleted text begin , by January 1, 1994, deleted text end prepare guidelines
for the preparation of the water supply plans required in subdivision 3, clause (4). The
plans must be submitted to the council deleted text begin by January 1, 1996 deleted text end new text begin as part of the decennial review
required under section 473.864, subdivision 2 new text end . The council shall review the plans under
section 473.175, subdivision 1, after submitting them to affected counties that have
adopted groundwater plans under section 103B.255 for their review and comment.

Sec. 20.

Minnesota Statutes 2012, section 473.861, subdivision 2, is amended to read:

Subd. 2.

deleted text begin By 1976 deleted text end new text begin Plan preparation new text end .

deleted text begin By December 31, 1976, deleted text end Each town within
the counties of Anoka, Carver, Dakota, Scott and Washington, authorized to plan under
sections 462.351 to 462.364, or under special law, shall by resolution determine whether it
will prepare the comprehensive plan for its jurisdiction. Each such town also shall specify,
pursuant to agreement with the county within which it is situated, any parts of its plan and
official controls, if any, the preparation of which it delegates to the county.

Sec. 21.

Minnesota Statutes 2012, section 473.862, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Towns with no plan by 1976 deleted text end new text begin Town planning new text end .

Each county other than
Hennepin, Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance
of the town, the comprehensive plan for any town within the county which deleted text begin fails by
December 31, 1976, to take deleted text end new text begin has not taken new text end action by resolution pursuant to section 473.861,
subdivision 2 and shall prepare all or part of any plan delegated to it pursuant to section
473.861, subdivision 2.

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 473.123, subdivision 7; 473.13, subdivision 1c;
473.23; 473.241; 473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2;
473.326; 473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392;
473.516, subdivision 5; 473.523, subdivision 2; 473.535; and 473.852, subdivision 11,
new text end new text begin and new text end new text begin Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9, new text end new text begin are repealed.
new text end

Sec. 23. new text begin APPLICATION.
new text end

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