HF 3825

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to stadiums; providing for a new National Football League stadium in 1.3Minnesota; establishing the Minnesota Stadium Authority;amending Minnesota 1.4Statutes 2008, sections 128C.24; 297A.71, by adding a subdivision; 473.551, by 1.5adding subdivisions; 473.552; 473.553, subdivisions 2, 3; 473.556, subdivision 1.65; 473.561; 473.581, subdivision 2; 473.5995, by adding a subdivision; Laws 1.71986, chapter 396, section 4, subdivision 3; proposing coding for new law in 1.8Minnesota Statutes, chapters 349A; 473. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10    Section 1. Minnesota Statutes 2008, section 128C.24, is amended to read: 1.11128C.24 LEAGUE FUNDS TRANSFER new text begin FINANCIAL ASSISTANCE new text end . 1.12     new text begin Subdivision 1. new text end new text begin Foundation grants; sales tax savings. new text end Beginning July 1, 2007, 1.13the Minnesota State High School League shall annually determine the sales tax savings 1.14attributable to section 297A.70, subdivision 11, and annually transfer that amount to 1.15a nonprofit charitable foundation created for the purpose of promoting high school 1.16extracurricular activities. The funds must be used by the foundation to make grants to 1.17fund, assist, recognize, or promote high school students' participation in extracurricular 1.18activities. The first priority for funding will be grants for scholarships to individuals to 1.19offset athletic fees. The foundation must equitably award grants based on considerations 1.20of gender balance, school size, and geographic location, to the extent feasible. 1.21     new text begin Subd. 2. new text end new text begin League grants for participation. new text end new text begin Money paid to the league under section new text end 1.22 new text begin 473.5814 must be used to provide need-based financial assistance to Minnesota students new text end 1.23 new text begin who participate in league-sanctioned activities. The league must establish grant program new text end 1.24 new text begin criteria, procedures, and award maximums. If a student is awarded a grant, the league new text end 1.25 new text begin must make it to the school directly and the school must then waive participation fees new text end 1.26 new text begin for that student. new text end 2.1    Sec. 2. Minnesota Statutes 2008, section 297A.71, is amended by adding a subdivision 2.2to read: 2.3     new text begin Subd. 42. new text end new text begin Football stadium building materials. new text end new text begin Materials and supplies used new text end 2.4 new text begin or consumed in, and equipment incorporated into, the construction or improvement of new text end 2.5 new text begin the football stadium and public infrastructure constructed pursuant to sections 473.551 new text end 2.6 new text begin to 473.5814 are exempt. This subdivision expires one year after the date that the first new text end 2.7 new text begin National Football League game is played in the stadium for materials, supplies, and new text end 2.8 new text begin equipment used in the stadium, and five years after the issuance of the first bonds under new text end 2.9 new text begin section 473.5812 for materials, supplies, and equipment used in the public infrastructure. new text end 2.10    Sec. 3. new text begin [349A.17] STADIUM OR FOOTBALL THEME GAME. new text end 2.11 new text begin The Minnesota lottery shall conduct an annual game based on stadium themes or new text end 2.12 new text begin professional football themes. An amount raised from the conduct of the annual sports new text end 2.13 new text begin themed game, equal to but not to exceed $5,500,000 per year, from the lottery's annual new text end 2.14 new text begin contributions to the state general fund is transferred each year to the stadium account new text end 2.15 new text begin established in section 473.5995, subdivision 1, until the bonds sold by the Metropolitan new text end 2.16 new text begin Council for acquisition and betterment of a football stadium have been defeased or retired. new text end 2.17    Sec. 4. Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision 2.18to read: 2.19     new text begin Subd. 18. new text end new text begin Football stadium. new text end new text begin "Football stadium" means the stadium suitable for new text end 2.20 new text begin professional football in the city of Minneapolis, designed, constructed, and financed under new text end 2.21 new text begin sections 473.551 to 473.599, and owned by the commission. new text end 2.22    Sec. 5. Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision 2.23to read: 2.24     new text begin Subd. 19. new text end new text begin Football team. new text end new text begin "Football team" means the National Football League new text end 2.25 new text begin professional team known on the effective date of this section as the Minnesota Vikings, its new text end 2.26 new text begin owners and operators, or any team owned and operated by someone who purchases or new text end 2.27 new text begin otherwise takes ownership or control of or reconstitutes the professional football team new text end 2.28 new text begin known as the Minnesota Vikings. new text end 2.29    Sec. 6. Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision 2.30to read: 3.1     new text begin Subd. 20. new text end new text begin Development area for the football stadium. new text end new text begin "Development area" or new text end 3.2 new text begin "development area for the football stadium" means the football stadium site and any new text end 3.3 new text begin adjacent area designated by the commission. new text end 3.4    Sec. 7. Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision 3.5to read: 3.6     new text begin Subd. 21. new text end new text begin Public infrastructure for the football stadium. new text end new text begin "Public infrastructure" new text end 3.7 new text begin or "public infrastructure for the football stadium" means property, facilities, and new text end 3.8 new text begin improvements determined by the commission to facilitate the development and use of the new text end 3.9 new text begin football stadium, including but not limited to property and improvements for drainage, new text end 3.10 new text begin environmental remediation, parking, roadways, walkways, skyways, pedestrian bridges, new text end 3.11 new text begin bicycle paths, and transit improvements to facilitate public access to the stadium, lighting, new text end 3.12 new text begin landscaping, utilities, streets, and streetscapes. new text end 3.13    Sec. 8. Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision 3.14to read: 3.15     new text begin Subd. 22. new text end new text begin Streetscape. new text end new text begin "Streetscape" means improvements to streets and sidewalks new text end 3.16 new text begin or other public right-of-way for the purpose of enhancing the movement, safety, new text end 3.17 new text begin convenience, or enjoyment of the football stadium patrons and other pedestrians, including new text end 3.18 new text begin decorative lighting and surfaces, plantings, display and exhibit space, adornments, seating, new text end 3.19 new text begin and transit and bus shelters. new text end 3.20    Sec. 9. Minnesota Statutes 2008, section 473.552, is amended to read: 3.21473.552 LEGISLATIVE POLICY; PURPOSE. 3.22The legislature finds that 3.23(a) the population in the metropolitan area has a need for sports facilities and that this 3.24need cannot be met adequately by the activities of individual municipalities, by agreements 3.25among municipalities, or by the private efforts of the people in the metropolitan area, 3.26(b) the commission's ownership and operation of the Metrodome and met center has 3.27met in part the foregoing need and has promoted the economic and social interests of the 3.28metropolitan area, of the state, and of the public, and 3.29(c) the commission's acquisition of the basketball and hockey arena new text begin , construction, new text end 3.30 new text begin and operation of a professional football stadium for use by the football team new text end on the terms 3.31and conditions provided in sections and new text begin 473.5812 to 473.5814 new text end shall 3.32similarly and more fully meet the foregoing needs and promote these interests. 4.1It is therefore necessary for the public health, safety and general welfare to establish 4.2a procedure for the acquisition and betterment of sports facilities and to create a 4.3Metropolitan Sports Facilities Commission. 4.4    Sec. 10. Minnesota Statutes 2008, section 473.553, subdivision 2, is amended to read: 4.5    Subd. 2. Membership. The commission shall consist of six members, appointed 4.6by the new text begin Minneapolis new text end city council of the city in which the stadium is located plus a chair 4.7appointed as provided in subdivision 3. 4.8    Sec. 11. Minnesota Statutes 2008, section 473.553, subdivision 3, is amended to read: 4.9    Subd. 3. Chair. The chair shall be appointed by the governor as the ninth voting 4.10member and shall meet all of the qualifications of a member, except the chair need only 4.11reside outside the city of Minneapolis. new text begin The mayor of the city of Minneapolis, or the new text end 4.12 new text begin mayor's designee, shall serve as the chair of the commission. new text end The chair shall preside at all 4.13meetings of the commission, if present, and shall perform all other duties and functions 4.14assigned by the commission or by law. The commission may appoint from among its 4.15members a vice-chair to act for the chair during temporary absence or disability. 4.16    Sec. 12. Minnesota Statutes 2008, section 473.556, subdivision 5, is amended to read: 4.17    Subd. 5. Facility operation. The commission may equip, improve, operate, 4.18manage, maintain, and control the Metrodome, Met Center, basketball and hockey arena new text begin new text end 4.19 new text begin football stadium, new text end and sports facilities constructed, remodeled, or acquired under the 4.20provisions of sections 473.551 to 473.599. 4.21    Sec. 13. Minnesota Statutes 2008, section 473.561, is amended to read: 4.22473.561 EXEMPTION FROM COUNCIL REVIEW new text begin ; BUSINESS SUBSIDY new text end 4.23 new text begin ACT; CHARTER LIMITATIONS new text end . 4.24The acquisition and betterment of sports facilities by the commission shall be 4.25conducted pursuant to sections 473.551 to 473.599 and shall not be affected by the 4.26provisions of sections 473.165 and 473.173. new text begin Section 116J.994 does not apply to any new text end 4.27 new text begin transactions of the commission, the city of Minneapolis, or other governmental entity new text end 4.28 new text begin related to the stadium or public infrastructure, or to any tenant or other users of them. The new text end 4.29 new text begin city of Minneapolis may spend money for acquisition, design, construction, and operation new text end 4.30 new text begin of the football stadium, notwithstanding any limitation in its home rule charter. Actions new text end 4.31 new text begin taken by the city under sections 473.551 to 473.599, in a planning or regulatory capacity, new text end 4.32 new text begin actions for which fair market value reimbursement is provided or for which standard fees new text end 5.1 new text begin are collected, and any tax exemptions established under sections 473.551 to 473.599, new text end 5.2 new text begin are deemed not to be an expenditure or other use of city resources within the meaning new text end 5.3 new text begin of any charter limitation. new text end 5.4    Sec. 14. Minnesota Statutes 2008, section 473.581, subdivision 2, is amended to read: 5.5    Subd. 2. Procedure. The bonds shall be sold, issued, and secured in the manner 5.6provided in chapter 475 for bonds payable solely from revenues, except as otherwise 5.7provided in sections 473.551 to 473.595, and the council shall have the same powers and 5.8duties as a municipality and its governing body in issuing bonds under that chapter. The 5.9bonds may be sold at any price and at public or private sale as determined by the council. 5.10They shall be payable solely from tax and other revenues referred to in sections 473.551 to 5.11473.595 , excepting only the admissions tax and surcharge new text begin taxes and revenues new text end related to the 5.12basketball and hockey arena provided in section 473.595, subdivision 1a, the taxes for the 5.13basketball and hockey arena provided in section , and other revenues attributable 5.14to the basketball and hockey arena new text begin football stadium under section 473.5812 to 473.5814 new text end . 5.15The bonds shall not be a general obligation or debt of the council or of the commission, 5.16and shall not be included in the net debt of any city, county, or other subdivision of the 5.17state for the purpose of any net debt limitation, provided that nothing herein shall affect 5.18the obligation of the city of Minneapolis to levy a tax pursuant to agreements made under 5.19the provisions of section 473.592. No election shall be required. The principal amount 5.20shall not be limited except as provided in subdivision 3. 5.21    Sec. 15. new text begin [473.5812] FOOTBALL STADIUM; COUNCIL DEBT OBLIGATIONS. new text end 5.22     new text begin Subdivision 1. new text end new text begin Use of bond proceeds. new text end new text begin The council may by resolution authorize the new text end 5.23 new text begin sale and issuance of its bonds for any or all of the following purposes: new text end 5.24 new text begin (1) to provide funds for the acquisition or betterment of a football stadium by the new text end 5.25 new text begin commission pursuant to sections 473.551 to 473.5814; new text end 5.26 new text begin (2) to refund bonds issued under this section; and new text end 5.27 new text begin (3) to fund judgments entered by any court against the commission or against the new text end 5.28 new text begin council in matters relating to the commission's functions related to the football stadium. new text end 5.29     new text begin Subd. 2. new text end new text begin Amount; procedure. new text end new text begin The council may sell and issue bonds in an amount new text end 5.30 new text begin to be determined by the council. The bonds shall be sold, issued, and secured in the new text end 5.31 new text begin manner provided in chapter 475 for bonds payable solely from revenues and the council new text end 5.32 new text begin shall have the same powers and duties as a municipality and its governing body in issuing new text end 5.33 new text begin bonds under that chapter. The bonds may be sold at any price and at public or private sale new text end 5.34 new text begin as determined by the council. The bonds shall not be a general obligation or debt of new text end 6.1 new text begin the council or of the commission, and shall not be included in the net debt of any city, new text end 6.2 new text begin county, or other subdivision of the state for the purpose of any net debt limitation. No new text end 6.3 new text begin election is required. new text end 6.4     new text begin Subd. 3. new text end new text begin Prerequisite. new text end new text begin The council must not sell and issue bonds under this section new text end 6.5 new text begin until the council determines that the criteria and conditions in section 473.5814 have new text end 6.6 new text begin been met. new text end 6.7     new text begin Subd. 4. new text end new text begin Security; maturity. new text end new text begin The council may pledge to the payment of the bonds new text end 6.8 new text begin money in the escrow account and money pledged by the city of Minneapolis under section new text end 6.9 new text begin 473.5814, money appropriated to the council in the football stadium account in section new text end 6.10 new text begin 473.5995, and any other revenues from leases, rents, or other sources available to the new text end 6.11 new text begin council for debt service. Notwithstanding section 475.54, the bonds may mature at not new text end 6.12 new text begin later than 40 years from the date of issue, or the useful life of the asset, whichever is less. new text end 6.13 new text begin The bonds must recite that they are issued under this section and section 473.5814, and new text end 6.14 new text begin the recital is conclusive as to the validity of the bonds and the imposition and pledge of new text end 6.15 new text begin the revenues for their payment. new text end 6.16    Sec. 16. new text begin [473.5814] CRITERIA AND CONDITIONS. new text end 6.17     new text begin Subdivision 1. new text end new text begin Binding and enforceable. new text end new text begin In developing the stadium and entering new text end 6.18 new text begin into related contracts, the commission must follow and enforce the criteria and conditions new text end 6.19 new text begin in this section, provided that a determination by the council that those criteria or conditions new text end 6.20 new text begin have been met under any agreement or otherwise shall be conclusive. All financing and new text end 6.21 new text begin use agreements between the council, commission, city of Minneapolis, and the football new text end 6.22 new text begin team must be executed by September 1, 2010. new text end 6.23     new text begin Subd. 2. new text end new text begin Football team contribution. new text end new text begin The football team must agree to deposit into new text end 6.24 new text begin an escrow account an amount sufficient to pay at least the first ten years of debt service new text end 6.25 new text begin on bonds issued by the council under section 473.5812. Money in the escrow account is new text end 6.26 new text begin for the sole benefit and purpose of paying debt service on bonds issued by the council for new text end 6.27 new text begin acquisition and betterment of a football stadium. new text end 6.28     new text begin Subd. 3. new text end new text begin Team contribution to student athletics. new text end new text begin In addition to the contribution new text end 6.29 new text begin under subdivision 2, the team must transfer to the Minnesota State High School League new text end 6.30 new text begin under section 128C.24, subdivision 2, an amount equal to five percent of the amount new text end 6.31 new text begin placed in escrow by the team under subdivision 2. new text end 6.32     new text begin Subd. 4. new text end new text begin Minneapolis hospitality taxes pledged. new text end new text begin After the bonds issued to build new text end 6.33 new text begin the Minneapolis Convention Center have been defeased or retired, the city of Minneapolis new text end 6.34 new text begin must agree to pay to the commission or council 58.5 percent of the money raised under new text end 6.35 new text begin Laws 1986, chapter 396, section 4, as amended in this act. The commission or council new text end 7.1 new text begin must use this money only to pay capital and operating costs, including any debt service new text end 7.2 new text begin due, of the football stadium constructed under this chapter. new text end 7.3     new text begin Subd. 5. new text end new text begin Local sales tax exemption. new text end new text begin No local sales or use tax may be imposed on new text end 7.4 new text begin sales at the stadium site, except a general sales tax permitted under section 297A.99. new text end 7.5     new text begin Subd. 6. new text end new text begin Lease or use agreements; 40-year term. new text end new text begin The commission must enter into new text end 7.6 new text begin a long-term lease or use agreement with the football team for the football team's use of new text end 7.7 new text begin the stadium. The football team must agree to play all regularly scheduled and postseason new text end 7.8 new text begin home games at the stadium. Preseason games may also be scheduled and played at the new text end 7.9 new text begin stadium. The lease or use agreement must be for a term of at least 40 years from the new text end 7.10 new text begin date of stadium completion. The lease or use agreement must include terms for default, new text end 7.11 new text begin termination, and breach of the agreement. Recognizing that the presence of professional new text end 7.12 new text begin football provides to the state of Minnesota and its citizens highly valued, intangible new text end 7.13 new text begin benefits that are virtually impossible to quantify and, therefore, not recoverable in the new text end 7.14 new text begin event of a football team owner's breach of contract, the lease and use agreements must new text end 7.15 new text begin provide for specific performance and injunctive relief to enforce provisions relating to use new text end 7.16 new text begin of the stadium for professional football and must not include escape clauses or buyout new text end 7.17 new text begin provisions. The football team must not enter into or accept any agreement or requirement new text end 7.18 new text begin with or from the National Football League or any other entity that is inconsistent with new text end 7.19 new text begin the football team's binding commitment to the 40-year term of the lease or use agreement new text end 7.20 new text begin or that would in any manner dilute, interfere with, or negate the provisions of the lease new text end 7.21 new text begin or use agreement that includes a specific performance clause, providing for specific new text end 7.22 new text begin performance or injunctive relief. The legislature conclusively determines, as a matter of new text end 7.23 new text begin public policy, that the lease or use agreement, and any grant agreement under this chapter new text end 7.24 new text begin that includes a specific performance clause: new text end 7.25 new text begin (1) explicitly authorize specific performance as a remedy for breach; new text end 7.26 new text begin (2) are made for adequate consideration and upon terms which are otherwise fair new text end 7.27 new text begin and reasonable; new text end 7.28 new text begin (3) have not been included through sharp practice, misrepresentation, or mistake; new text end 7.29 new text begin (4) if specifically enforced, do not cause unreasonable or disproportionate hardship new text end 7.30 new text begin or loss to the football team or to third parties; and new text end 7.31 new text begin (5) involve performance in such a manner and the rendering of services of such new text end 7.32 new text begin a nature and under such circumstances that the beneficiary cannot be adequately new text end 7.33 new text begin compensated in damages. new text end 7.34     new text begin Subd. 7. new text end new text begin Lease or use agreements; revenues; payments. new text end new text begin The commission must new text end 7.35 new text begin provide in the lease or use agreements with the football team that the football team pay new text end 7.36 new text begin for use of the stadium as follows: an amount to be determined by the commission in the new text end 8.1 new text begin first year, and an amount each year thereafter necessary to cover actual and projected new text end 8.2 new text begin operational costs. The commission must agree to provide for the football team to receive new text end 8.3 new text begin all game-day revenues, suite revenues, and proceeds from the sale of naming rights. The new text end 8.4 new text begin agreement must provide for the commission to receive all general ticket revenues from new text end 8.5 new text begin nonprofessional football games or events. new text end 8.6     new text begin Subd. 8. new text end new text begin Notice of breach or default. new text end new text begin Until 40 years from the date of stadium new text end 8.7 new text begin completion, the football team must provide written notice to the commission not less than new text end 8.8 new text begin 90 days prior to any action, including any action imposed upon the football team by the new text end 8.9 new text begin National Football League, that would result in a breach or default of provisions of the new text end 8.10 new text begin lease or use agreements required to be included under this section. If this notice provision new text end 8.11 new text begin is violated and the football team has already breached or been in default under the required new text end 8.12 new text begin provisions, the commission or the state of Minnesota is authorized to specifically enforce new text end 8.13 new text begin the lease or use agreement and Minnesota courts are authorized and directed to fashion new text end 8.14 new text begin equitable remedies so that the football team may fulfill the conditions of the lease and use new text end 8.15 new text begin agreements including, but not limited to, remedies against the National Football League. new text end 8.16     new text begin Subd. 9. new text end new text begin Enforceable financial commitments. new text end new text begin The commission must determine new text end 8.17 new text begin before stadium construction begins that all public and private funding sources for new text end 8.18 new text begin construction of the stadium are included in written agreements. The committed funds must new text end 8.19 new text begin be adequate to acquire, design, construct, furnish, and equip the stadium. new text end 8.20     new text begin Subd. 10. new text end new text begin Council and commission access to football team financial information. new text end 8.21 new text begin The lease or use agreement must provide the council and commission access to annual new text end 8.22 new text begin audited financial statements of the football team and other financial books and records that new text end 8.23 new text begin the council or commission deems necessary to determine compliance by the football team new text end 8.24 new text begin with sections 473.551 to 473.599, and to enforce the terms of any lease or use agreements new text end 8.25 new text begin entered into under sections 473.551 to 473.599. Any financial information obtained by the new text end 8.26 new text begin authority under this subdivision is nonpublic data under section new text end new text begin , subdivision 9. new text end 8.27     new text begin Subd. 11. new text end new text begin Environmental planning and zoning. new text end new text begin (a) The commission shall be the new text end 8.28 new text begin responsible governmental unit for any environmental impact statement for the football new text end 8.29 new text begin stadium prepared under section 116D.04. Notwithstanding section 116D.04, subdivision new text end 8.30 new text begin 2b, and implementing rules: (1) the environmental impact statement shall not be required new text end 8.31 new text begin to consider alternative football stadium sites; and (2) the environmental impact statement new text end 8.32 new text begin must be determined to be adequate before commencing work on the foundation of the new text end 8.33 new text begin football stadium, but the football stadium and public infrastructure may otherwise be new text end 8.34 new text begin started and all preliminary and final government decisions and actions may be made and new text end 8.35 new text begin taken, including but not limited to acquiring land, obtaining financing, granting permits new text end 8.36 new text begin or other land use approvals, entering into grant, lease, or use agreements, or preparing new text end 9.1 new text begin the site or related public infrastructure prior to a determination of the adequacy of the new text end 9.2 new text begin environmental impact statement. new text end 9.3 new text begin (b) In order to accomplish the objectives of sections 473.551 to 473.599 within new text end 9.4 new text begin the shortest possible time frame, it is necessary to establish an alternative process for new text end 9.5 new text begin municipal land use and development review. It is hereby found and declared that the new text end 9.6 new text begin construction of a football stadium within the development area is consistent with the new text end 9.7 new text begin adopted area plan, is the preferred football stadium location, and is a permitted land use. new text end 9.8 new text begin This subdivision establishes a procedure for all land use and development reviews and new text end 9.9 new text begin approvals by the municipality for the football stadium and public infrastructure and new text end 9.10 new text begin supersedes all land use and development rules and restrictions and procedures imposed new text end 9.11 new text begin by other law, charter, or ordinance, including without limitation section 15.99. No later new text end 9.12 new text begin than 30 days after enactment, the commission shall establish a stadium implementation new text end 9.13 new text begin committee to make recommendations on the design plans submitted for the stadium, new text end 9.14 new text begin public infrastructure and related improvements, including but not limited to street new text end 9.15 new text begin vacation, parking, roadways, walkways, skyways, pedestrian bridges, bicycle paths, new text end 9.16 new text begin transit improvements to facilitate public street access to the stadium and integration into new text end 9.17 new text begin the transportation plan for the municipality and the region, lighting, landscaping, utilities, new text end 9.18 new text begin streets, drainage, environmental remediation, and land acquired and prepared for private new text end 9.19 new text begin redevelopment in a manner related to the use of the football stadium. The implementation new text end 9.20 new text begin committee must take action to issue its recommendations within the time frames new text end 9.21 new text begin established in the planning and construction timetable issued by the commission which new text end 9.22 new text begin shall provide for no less than 60 days for the committee's review. The recommendations new text end 9.23 new text begin of the implementation committee shall be forwarded to the municipality's planning new text end 9.24 new text begin commission for an advisory recommendation and then to the municipality's governing new text end 9.25 new text begin body for final action in a single resolution, which final action must be taken within 45 days new text end 9.26 new text begin of the submission of the recommendations to the planning commission. The governing new text end 9.27 new text begin body of the municipality shall not impose any unnecessary or unreasonable conditions on new text end 9.28 new text begin the recommendations of the implementation committee, nor take any action or impose any new text end 9.29 new text begin conditions that will result in delay from the time frames established in the planning and new text end 9.30 new text begin construction timetable or in additional overall costs. Failure of the governing body to act new text end 9.31 new text begin within the 45-day period is deemed to be approval. The commission may seek de novo new text end 9.32 new text begin review in the district court of any city council action. The district court or any appellate new text end 9.33 new text begin court shall expedite review to the maximum extent possible and timely issue relief, orders, new text end 9.34 new text begin or opinions as necessary to give effect to the provisions and objectives in this article. new text end 10.1     new text begin Subd. 12. new text end new text begin No strikes; lockouts. new text end new text begin The commission must negotiate a public sector new text end 10.2 new text begin project labor agreement or other agreement to prevent strikes and lockouts that would halt, new text end 10.3 new text begin delay, or impede construction of the stadium and related facilities. new text end 10.4     new text begin Subd. 13. new text end new text begin Football team name retained. new text end new text begin The lease or use agreement must provide new text end 10.5 new text begin that the football team and National Football League will transfer to the state of Minnesota new text end 10.6 new text begin the Minnesota Vikings' heritage and records, including the name, logo, colors, history, new text end 10.7 new text begin playing records, trophies, and memorabilia in the event of any dissolution or relocation new text end 10.8 new text begin of the Vikings franchise. new text end 10.9     new text begin Subd. 14. new text end new text begin Public share on sale of team. new text end new text begin The lease or use agreement must provide new text end 10.10 new text begin that, if the team is sold after the effective date of this article, a portion of the sale price new text end 10.11 new text begin must be paid to the commission and deposited in a reserve fund for improvements to the new text end 10.12 new text begin stadium or expended as the commission may otherwise direct. The portion required to new text end 10.13 new text begin be paid to the commission is 18 percent of the gross sale price, declining to zero ten new text end 10.14 new text begin years after commencement of stadium construction in increments of 1.8 percent each new text end 10.15 new text begin year. The agreement must provide exceptions for sales to members of the owner's family new text end 10.16 new text begin and entities and trusts beneficially owned by family members, sales to employees of new text end 10.17 new text begin equity interests aggregating up to ten percent, and sales related to capital infusions not new text end 10.18 new text begin distributed to the owners. new text end 10.19     new text begin Subd. 15. new text end new text begin Revenues; authority. new text end new text begin The commission may identify user based nontax new text end 10.20 new text begin revenues to be assessed for nontax purposes that may be imposed under this subdivision new text end 10.21 new text begin to provide financing for the acquisition, construction, improvement, and operation of the new text end 10.22 new text begin stadium. The commission must deposit any nontax revenues raised under this subdivision new text end 10.23 new text begin in the stadium account, to be made available for the purpose of paying principal, premium, new text end 10.24 new text begin interest, escrows, reserves, and all fees and costs related to the bonds issued under this new text end 10.25 new text begin chapter. new text end 10.26    Sec. 17. Minnesota Statutes 2008, section 473.5995, is amended by adding a 10.27subdivision to read: 10.28     new text begin Subd. 3. new text end new text begin Account funds appropriated. new text end new text begin All money in the stadium account is new text end 10.29 new text begin appropriated to the council to pay debt service on bonds issued by the council for the new text end 10.30 new text begin acquisition and betterment of a football stadium, as authorized in sections 473.5812 to new text end 10.31 new text begin 473.5814. Money in this account may be pledged to the repayment of the debt. new text end 10.32    Sec. 18. new text begin [473.5996] DEVELOPMENT PARTNERSHIP. new text end 10.33 new text begin The city of Minneapolis and the football team may enter into a development new text end 10.34 new text begin partnership in the area surrounding a new stadium, under the following conditions: new text end 11.1 new text begin (1) the city may use all existing development, financial, or other tools available to new text end 11.2 new text begin the city, including funds raised under Laws 1986, chapter 396, section 4, subdivision 3; new text end 11.3 new text begin (2) the development contract is written so as to require eventual repayment of public new text end 11.4 new text begin investments from any subsequent sale of land, businesses, or developments; new text end 11.5 new text begin (3) the development contract is limited to developments attached to, near, or related new text end 11.6 new text begin to the new stadium; and new text end 11.7 new text begin (4) the investment of the city, exclusive of public infrastructure improvements, land, new text end 11.8 new text begin and other necessary improvements agreed to in advance in the negotiated contract, shall new text end 11.9 new text begin be limited to the amount of $1. new text end 11.10    Sec. 19. Laws 1986, chapter 396, section 4, subdivision 3, is amended to read: 11.11    Subd. 3. Use of property. Revenues received from the tax may only be used: 11.12    (1) to pay costs of collection; 11.13    (2) to pay or secure the payment of any principal of, premium or interest on bonds 11.14issued in accordance with this act; 11.15    (3) to pay costs to acquire, design, equip, construct, improve, maintain, operate, 11.16administer, or promote the convention center or related facilities, including financing 11.17costs related to them; 11.18 new text begin (4) to pay capital or operating costs of a stadium designed for professional football, new text end 11.19 new text begin or for infrastructure and facilities related to a stadium designed for professional football, new text end 11.20 new text begin located in the city of Minneapolis; new text end 11.21 new text begin (5) to pay for the provision of police and fire protection service in the downtown new text end 11.22 new text begin taxing district; new text end 11.23 new text begin (6) to pay capital and operating costs of the Target Center, or to defease or retire new text end 11.24 new text begin outstanding debt issued for the Target Center; new text end 11.25    (4) new text begin (7) new text end to pay reasonable and appropriate costs determined by the city to replace 11.26housing removed from the site; and 11.27    (5) new text begin (8) new text end to maintain reserves for the foregoing purposes deemed reasonable and 11.28appropriate by the city. 11.29In the event of any amendment to chapter 297A enacted subsequent to the effective date 11.30of this act which exempts sales or uses which were taxable under chapter 297A on the 11.31effective date of this act, the city may by ordinance extend the tax authorized hereby to 11.32any such sales or uses provided that the city council shall have determined that such 11.33extension is necessary to provide revenues for the uses to which taxes may be applied 11.34under this section and further provided that, in the estimation of the city council, the 11.35aggregate annual collections following such extension will not exceed the aggregate 12.1annual collections which would have been generated if chapter 297A, as in effect on the 12.2effective date of this act, were then in effect. Any revenue bonds issued in accordance 12.3with this act may, with the consent of the city council, contain a covenant that the tax will 12.4be so extended to the extent necessary to pay principal and interest on the bonds when due. 12.5    Money for replacement housing shall be made available by the city only for new 12.6construction, conversion of nonresidential buildings, and for rehabilitation of vacant 12.7residential structures, only if all of the units in the newly constructed building, converted 12.8nonresidential building, or rehabilitated residential structure are to be used for replacement 12.9housing. 12.10    Sec. 20. new text begin MINNESOTA STADIUM AUTHORITY. new text end 12.11     new text begin Subdivision 1. new text end new text begin Established. new text end new text begin The Metropolitan Council shall serve as the Minnesota new text end 12.12 new text begin Stadium Authority to study and make recommendations for a plan for a new professional new text end 12.13 new text begin football stadium. The staff of the council shall provide administrative, technical, and new text end 12.14 new text begin research support to the authority. The authority is subject to Minnesota Statutes, chapters new text end 12.15 new text begin 13 and 13D. The authority shall maintain a Web site to provide public information on all new text end 12.16 new text begin actions of the authority and to keep the public informed on meeting times, places, minutes, new text end 12.17 new text begin how to contact the authority, and inviting public participation and comment. new text end 12.18     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin The Minnesota Stadium Authority shall conduct hearings on new text end 12.19 new text begin the future stadium needs of the football team. The authority shall receive any plans or new text end 12.20 new text begin proposals for location of a stadium for the football team in a place outside of the city of new text end 12.21 new text begin Minneapolis. The authority shall determine, by January 15, 2011, whether the city of new text end 12.22 new text begin Minneapolis has produced the best possible plan for location of a stadium for the football new text end 12.23 new text begin team, and if that plan is prepared to be implemented. If the authority determines that a new text end 12.24 new text begin different plan or proposal offers superior benefits to the football team and the state, the new text end 12.25 new text begin authority shall prepare legislation to enact that plan or proposal. new text end 12.26     new text begin Subd. 3. new text end new text begin End of duties. new text end new text begin The authority shall cease operation upon completion of a new text end 12.27 new text begin stadium plan which is fully funded and prepared to begin construction. new text end 12.28    Sec. 21. new text begin EFFECTIVE DATE. new text end 12.29 new text begin Sections 1 to 20 are effective the day following final enactment. new text end