2009 Minnesota Statutes

473.123 METROPOLITAN COUNCIL.

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 17 members, all of whom shall be residents of the metropolitan area.

Subd. 2.

[Repealed, 1983 c 16 s 15]

Subd. 2a.Terms.

Following each apportionment of council districts, as provided under subdivision 3a, council members must be appointed from newly drawn districts as provided in subdivision 3a. Each council member, other than the chair, must reside in the council district represented. Each council district must be represented by one member of the council. The terms of members end with the term of the governor, except that all terms expire on the effective date of the next apportionment. A member serves at the pleasure of the governor. A member shall continue to serve the member's district until a successor is appointed and qualified; except that, following each apportionment, the member shall continue to serve at large until the governor appoints 16 council members, one from each of the newly drawn council districts as provided under subdivision 3a, to serve terms as provided under this section. The appointment to the council must be made by the first Monday in March of the year in which the term ends.

Subd. 3.Membership; appointment; qualifications.

(a) Sixteen members must be appointed by the governor from districts defined by this section. Each council member must reside in the council district represented. Each council district must be represented by one member of the council.

(b) In addition to the notice required by section 15.0597, subdivision 4, notice of vacancies and expiration of terms must be published in newspapers of general circulation in the metropolitan area and the appropriate districts. The governing bodies of the statutory and home rule charter cities, counties, and towns having territory in the district for which a member is to be appointed must be notified in writing. The notices must describe the appointments process and invite participation and recommendations on the appointment.

(c) The governor shall create a nominating committee, composed of seven metropolitan citizens appointed by the governor, to nominate persons for appointment to the council from districts. Three of the committee members must be local elected officials. Following the submission of applications as provided under section 15.0597, subdivision 5, the nominating committee shall conduct public meetings, after appropriate notice, to accept statements from or on behalf of persons who have applied or been nominated for appointment and to allow consultation with and secure the advice of the public and local elected officials. The committee shall hold the meeting on each appointment in the district or in a reasonably convenient and accessible location in the part of the metropolitan area in which the district is located. The committee may consolidate meetings. Following the meetings, the committee shall submit to the governor a list of nominees for each appointment. The governor is not required to appoint from the list.

(d) Before making an appointment, the governor shall consult with all members of the legislature from the council district for which the member is to be appointed.

(e) Appointments to the council are subject to the advice and consent of the senate as provided in section 15.066.

(f) Members of the council must be appointed to reflect fairly the various demographic, political, and other interests in the metropolitan area and the districts.

(g) Members of the council must be persons knowledgeable about urban and metropolitan affairs.

(h) Any vacancy in the office of a council member shall immediately be filled for the unexpired term. In filling a vacancy, the governor may forgo the requirements of paragraph (c) if the governor has made appointments in full compliance with the requirements of this subdivision within the preceding 12 months.

Subd. 3a.Redistricting.

The legislature shall redraw the boundaries of the council districts after each decennial federal census so that each district has substantially equal population. Redistricting is effective in the year ending in the numeral "3." Within 60 days after a redistricting plan takes effect, the governor shall appoint members from the newly drawn districts to serve terms as provided under subdivision 2a.

Subd. 3b.

[Repealed, 1993 c 314 s 7]

Subd. 3c.

[Repealed, 1Sp2003 c 16 s 11]

Subd. 3d.District boundaries.

The council district boundaries are as follows:

(1) The first council district consists of that portion of Hennepin county consisting of the cities of Champlin, Corcoran, Dayton, Greenfield, Independence, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina, Plymouth, and Rogers, and the town of Hassan.

(2) The second council district consists of that portion of Anoka county consisting of the cities of Columbia Heights, Fridley, Hilltop, and Spring Lake Park, and that portion of Hennepin county consisting of the cities of Brooklyn Center, Brooklyn Park, Osseo, and Robbinsdale.

(3) The third council district consists of that portion of Hennepin county consisting of the cities of Chanhassen, Deephaven, Eden Prairie, Excelsior, Greenwood, Hopkins, Long Lake, Minnetonka, Minnetonka Beach, Mound, Orono, Shorewood, Spring Park, Tonka Bay, Wayzata, and Woodland.

(4) The fourth council district consists of Carver county, that portion of Hennepin county consisting of the cities of Minnetrista and St. Bonifacius, and that portion of Scott county in the metropolitan area.

(5) The fifth council district consists of that portion of Hennepin county consisting of the cities of Bloomington, Edina, and Richfield, and the unorganized territory of Fort Snelling.

(6) The sixth council district consists of that portion of Hennepin county consisting of the cities of Crystal, Golden Valley, New Hope, and St. Louis Park, and that portion of the city of Minneapolis lying within a line described as follows: commencing at the intersection of the southern boundary of the city of Minneapolis and Lyndale Avenue, northerly along Lyndale Avenue to its intersection with Interstate Highway 394, easterly along Interstate Highway 394 to its intersection with Interstate Highway 94, northerly along Interstate Highway 94 to its intersection with the second set of Burlington Northern Santa Fe Railroad tracks, westerly along that set of Burlington Northern Santa Fe Railroad tracks to their intersection with the Canadian Pacific Railway tracks, westerly and northerly along the Canadian Pacific Railway tracks to their most westerly intersection with Bassett Creek in the city of Minneapolis, northwesterly along Bassett Creek to its intersection with the western boundary of the city of Minneapolis, southerly and then easterly along the western and southern boundaries of the city of Minneapolis to the point of origin.

(7) The seventh council district consists of that portion of the city of Minneapolis lying within a line described as follows: commencing at the intersection of the west bank of the Mississippi River with Interstate Highway 35W, southwesterly along Interstate Highway 35W to its intersection with State Highway 55, southerly along State Highway 55 to its intersection with Interstate Highway 94, easterly along Interstate Highway 94 to its intersection with 20th Avenue South, southerly along 20th Avenue South to its intersection with Cedar Avenue, southerly along Cedar Avenue to its intersection with East 42nd Street, westerly along East 42nd Street to its intersection with the eastern boundary of the sixth council district, northerly and then westerly along the eastern and northern boundaries of the sixth council district to the western boundary of the city of Minneapolis, northerly and then easterly along the western and northern boundaries of the city of Minneapolis to the west bank of the Mississippi River, southerly and easterly along the west bank of the Mississippi River to the point of origin.

(8) The eighth council district consists of that portion of the city of Minneapolis not included in the sixth or seventh council district, that portion of Hennepin county consisting of the city of St. Anthony, and that portion of Ramsey county consisting of the city of St. Anthony.

(9) The ninth council district consists of that portion of Anoka county consisting of the cities of Andover, Anoka, Bethel, Coon Rapids, East Bethel, Ham Lake, Oak Grove, Ramsey, and St. Francis, and the towns of Burns and Linwood.

(10) The tenth council district consists of that portion of Anoka county consisting of the cities of Blaine, Circle Pines, and Lexington, and that portion of Ramsey county consisting of the cities of Arden Hills, Blaine, Falcon Heights, Lauderdale, Mounds View, New Brighton, North Oaks, Roseville, Shoreview, and Spring Lake Park.

(11) The eleventh council district consists of that portion of Anoka county consisting of the cities of Centerville and Lino Lakes, and the town of Columbus, and that portion of Ramsey county consisting of the cities of Gem Lake, Little Canada, Maplewood, North St. Paul, Vadnais Heights, and White Bear Lake, and the town of White Bear, and that portion of Washington county consisting of the cities of Hugo, Landfall, Oakdale, and White Bear Lake.

(12) The twelfth council district consists of that portion of Washington county not included in the eleventh council district.

(13) The thirteenth council district consists of that portion of Dakota county consisting of the cities of Lilydale, Mendota, Mendota Heights, Sunfish Lake, and West St. Paul, and that portion of Ramsey county consisting of that portion of the city of St. Paul lying east of Interstate Highway 35E.

(14) The fourteenth council district consists of that portion of Ramsey county consisting of that portion of the city St. Paul lying west of Interstate Highway 35E.

(15) The fifteenth council district consists of that portion of Dakota county consisting of the cities of Burnsville, Inver Grove Heights, and South St. Paul, and that portion of the city of Eagan lying north of a line described as follows: commencing at the intersection of Cliff Road with the western boundary of the city of Eagan, easterly along Cliff Road to its intersection with Robert Trail South and 110th Street West, then easterly along 110th Street West to the eastern boundary of the city of Eagan.

(16) The sixteenth council district consists of that portion of Dakota county in the metropolitan area not included in the thirteenth or fifteenth council district.

(17) In case of any discrepancy between the description of a district in this subdivision and the district as it appears in Metropolitan Council redistricting plan MC03, as adopted in Laws 2003, First Special Session chapter 16, section 9, the district that appears in plan MC03 governs.

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. 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.

(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.

Subd. 5.

[Repealed, 1994 c 628 art 1 s 10]

Subd. 6.

[Repealed, 1994 c 628 art 1 s 10]

Subd. 7.Performance and budget analyst.

The council, other than the chair, may hire a performance and budget analyst to assist the 16 council members with policy and budget analysis and evaluation of the council's performance. The analyst may recommend and the council may hire up to two additional analysts to assist the council with performance evaluation and budget analysis. The analyst and any additional analysts hired shall serve at the pleasure of the council members. The 16 members of the council may prescribe all terms and conditions for the employment of the analyst and any additional analysts hired, including, but not limited to, the fixing of compensation, benefits, and insurance. The analyst shall prepare the budget for the provisions of this section and submit the budget for council approval and inclusion in the council's overall budget.

Subd. 8.General counsel.

The council may appoint a general counsel to serve at the pleasure of the council.

History:

1975 c 13 s 3; 1977 c 35 s 6; 1978 c 543 s 2,3; 1980 c 378 s 2; 1982 c 424 s 130; 1983 c 16 s 1-4; 1983 c 305 s 25; 1Sp1985 c 13 s 353; 1986 c 444; 1986 c 460 s 4-6; 1990 c 460 s 1; 1993 c 314 s 1,2; 1994 c 628 art 1 s 4-7; art 2 s 1; art 3 s 38; 2003 c 8 s 2; 1Sp2003 c 16 s 1,10; 2005 c 10 art 1 s 82