relating to the Metropolitan Council; providing for staggered terms of
Metropolitan Council members; modifying the membership of the Metropolitan
Council to include local elected officials; providing for the council to select its
own chair; modifying the membership of the nominating committee; adding
duties to the Legislative Commission on Metropolitan Government; providing
for the Metropolitan Council to budget on a state fiscal year; requiring legislative
approval of the council's budget; making certain council guidelines and plans
advisory;amending Minnesota Statutes 2014, sections 3.8841, subdivisions
7, 8; 473.123, subdivisions 2a, 3, 4; 473.13, subdivision 1; 473.145; 473.175,
subdivision 1; 473.206; 473.313, subdivision 2; 473.852, subdivision 8; 473.856;
repealing Minnesota Statutes 2014, section 473.851.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15METROPOLITAN COUNCIL MEMBERSHIP
Section 1. Minnesota Statutes 2014, section 473.123, subdivision 2a, is amended to read:
Subd. 2a. Terms.
Following each apportionment of council districts, as provided
under subdivision 3a, council members must be appointed from newly drawn districts
provided in subdivision 3a.
Each council member, other than the chair, must reside in the
1.20 council district represented. Each council district must be represented by one member
The terms of members
end with the term of the governor are staggered as follows:
1.22members representing even-numbered districts have terms ending the first Monday in
1.23January of the year ending in the numeral "7"; and members representing odd-numbered
1.24districts have terms ending the first Monday in January of the year ending in the
1.25"5." Thereafter the term of each member is four years, with terms ending the first
, 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
apportionment, the member shall continue to serve at large until the governor appoints
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
council must be made by the first Monday in March of the year in which the term ends.
2.6EFFECTIVE DATE; APPLICATION.This section is effective the day following
2.7final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
2.8Scott, and Washington.
Sec. 2. Minnesota Statutes 2014, section 473.123, subdivision 3, is amended to read:
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. Each Metropolitan Council member must be an elected city
2.14council member. A Metropolitan Council member's office becomes vacant if the person
2.15appointed to that position ceases to be an elected city council member.
(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
and home rule charter cities, counties, and towns having territory in the district
a member is to be appointed must be notified in writing. The notices must describe
appointments process and invite participation and recommendations on the appointment.
The governor shall create a nominating committee, composed A committee
seven metropolitan citizens
appointed by the governor, to shall
nominate persons for
appointment to the council from districts. Three of the committee members must be
elected officials appointed by Metro Cities, one must be a county commissioner appointed
2.26by the Association of Minnesota Counties, and three must be appointed by the governor
Following the submission of applications as provided under section
, the nominating committee shall conduct public meetings, after appropriate notice,
accept statements from or on behalf of persons who have applied or been nominated
appointment and to allow consultation with and secure the advice of the public and
elected officials. The committee shall hold the meeting on each appointment in the
or in a reasonably convenient and accessible location in the part of the metropolitan
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
provided in section
(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
(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.
3.13EFFECTIVE DATE; APPLICATION.This section is effective the day following
3.14final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
3.15Scott, and Washington.
Sec. 3. Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:
Subd. 4. Chair; appointment, officers, selection; duties and compensation.
The chair of the Metropolitan Council shall be
3.19members of the council
as the 17th voting member thereof by and with the advice and
consent of the senate to serve at the pleasure of the
to represent the
metropolitan area at large. Senate confirmation shall be as provided by section
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,
the principal legislative liaison, present to the governor and the legislature, after
approval, the council's plans for regional governance and operations, serve as the
spokesperson of the council, and perform other duties assigned by the council or by
(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
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
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.
4.6EFFECTIVE DATE; APPLICATION.This section is effective the day following
4.7final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.8Scott, and Washington. The term of the chair of the Metropolitan Council serving on
4.9effective date of this section ends on that date, but the chair may continue serving
4.10a new chair is elected by the council under this section.
Sec. 4. METROPOLITAN COUNCIL APPOINTMENTS; IMMEDIATE
4.12TRANSITION TO STAGGERED TERMS.
4.13For members serving on the Metropolitan Council on the effective date of this
4.14section, other than the chair, members representing even-numbered districts shall
4.15terms ending the first Monday in January 2019, and members representing odd-numbered
4.16districts shall serve terms ending the first Monday in January 2017. Thereafter the
4.17each member is four years, with terms ending the first Monday in January.
4.18EFFECTIVE DATE; APPLICATION.This section is effective the day following
4.19final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.20Scott, and Washington.
4.22METROPOLITAN COUNCIL BUDGET
Section 1. Minnesota Statutes 2014, section 3.8841, subdivision 7, is amended to read:
Subd. 7. Meetings; procedures.
The commission meets at the call of the chair.
4.25The commission shall meet at least once per calendar year.
If there is a quorum, the
commission may take action by a simple majority vote of commission members present.
Sec. 2. Minnesota Statutes 2014, section 3.8841, subdivision 8, is amended to read:
Subd. 8. Powers; duties; Metropolitan Council levy, budget oversight.
commission must monitor, review, and make recommendations to the Metropolitan
Council and to the legislature by February 1 of each year
for the following
year. The recommendations shall be
(1) the tax rate and dollar amount of the Metropolitan Council's property tax levies
and any proposed increases in the rate or dollar amount of tax;
(2) any request for an increase in the debt of the Metropolitan Council;
(3) the overall work and role of the Metropolitan Council;
(4) the Metropolitan Council's proposed operating and capital budgets, work
program, and capital improvement program; and
(5) the Metropolitan Council's implementation of the operating and capital budgets,
work program, and capital improvement program.
Sec. 3. Minnesota Statutes 2014, section 473.13, subdivision 1, is amended to read:
Subdivision 1. Budget.
(a) On or before
December 20 January 15
of each year, the
adopt a final present a proposed
covering its to committees in the
5.12senate and house of representatives with jurisdiction over the Metropolitan Council.
5.13The proposed budget must cover the council's
anticipated receipts and disbursements
ensuing next fiscal
year commencing July 1
shall decide upon the total the
amount necessary to be raised from ad valorem tax levies to meet its budget. The
budget shall state in detail the expenditures for each program to be undertaken,
including the expenses for salaries, consultant services, overhead, travel, printing,
other items. The proposed
budget shall state in detail the capital expenditures of the
council for the
year, based on a five-year capital program adopted by the
council and transmitted to the legislature.
After adoption of the budget and The council
5.21cannot adopt a final budget until a law authorizing the council's budget is enacted.
5.22year in which a law is not enacted to authorize the council's budget, the council
5.23continue to operate and implement its previously approved budget, but at no greater
5.24than previously authorized by the legislature.
No later than five working days after
December 20 the council's budget is
, the council shall certify to the auditor of each metropolitan county the share of
tax to be levied within that county, which must be an amount bearing the same proportion
to the total levy agreed on by the council as the net tax capacity of the county bears
net tax capacity of the metropolitan area. The maximum amount of any levy made for
purpose of this chapter may not exceed the limits set by the statute authorizing the
(b) (c) In
each fiscal year starting in an
even-numbered year the council shall prepare
for its transit programs a financial plan for the succeeding three
half-year segments. The financial plan must contain schedules of user charges and
changes in user charges planned or anticipated by the council during the period of
plan. The financial plan must contain a proposed request for state financial assistance
the succeeding biennium.
In addition, the proposed
budget must show for each fiscal
(1) the estimated operating revenues from all sources including funds on hand
at the beginning of the fiscal
year, and estimated expenditures for costs of operation,
administration, maintenance, and debt service;
(2) capital improvement funds estimated to be on hand at the beginning of the fiscal
year and estimated to be received during the year from all sources and estimated cost
capital improvements to be paid out or expended during the fiscal
year, all in such detail
and form as the council may prescribe; and
(3) the estimated source and use of pass-through funds.
6.12EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2015,
6.13for budgets beginning in fiscal year 2018 and thereafter. This section applies in
6.14counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 4. METROPOLITAN COUNCIL; TRANSITIONAL BUDGET.
6.16By July 1, 2016, the Metropolitan Council shall prepare and adopt a detailed
6.17six-month budget for the period of January 1, 2017, to June 30, 2017. Thereafter,
6.18council shall prepare annual budgets with each fiscal year commencing July 1 and ending
6.19June 30. The council must submit by January 15, 2017, a detailed budget for the fiscal
6.20year beginning July 1, 2017, to the legislature for approval consistent with Minnesota
6.21Statutes, section 473.13.
6.22EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2015,
6.23and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Section 1. Minnesota Statutes 2014, section 473.145, is amended to read:
6.28473.145 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,
programs, and maps prescribing guides for the orderly and economical development,
public and private, of the metropolitan area. The comprehensive development guide
recognize and encompass physical, social, or economic needs of the metropolitan area
those future developments which will have an impact on the entire area including but
limited to such matters as land use, parks and open space land needs, the necessity
and location of airports, highways, transit facilities, public hospitals, libraries,
and other public buildings. The development guide is advisory in nature and no local unit
7.7of government shall be required to comply or conform to the guide, unless specifically
7.8required by law. A local unit of government may, by a vote of the governing body,
7.9that all provisions of the development guide are binding on it.
7.10EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
7.11policies, plans, ordinances, applications, or other matters submitted on or after
Sec. 2. Minnesota Statutes 2014, section 473.175, subdivision 1, is amended to read:
Subdivision 1. For compatibility, conformity. (a)
The council shall review the
comprehensive plans of local governmental units, prepared and submitted pursuant
, to determine their
compatibility with each other and
conformity with metropolitan system plans. The council shall review and comment on
apparent consistency of the comprehensive plans with adopted plans of the council.
council may require a local governmental unit to modify any comprehensive plan or
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. A local unit of government may challenge a council
action under this subdivision by following the procedures set forth in section
7.24(b) The council may comment on the apparent consistency of the comprehensive
7.25plans with adopted plans of the council and the compatibility of a plan in relation
7.26comprehensive plans in the metropolitan area, but these comments are advisory in nature
7.27and no change may be required, unless authorized by paragraph (a).
Sec. 3. Minnesota Statutes 2014, section 473.206, is amended to read:
7.29473.206 LOCAL ORDINANCES.
Each county, city or town in the metropolitan area shall be provided with standards,
criteria and suggested model ordinances and may, after review and comment by the
Metropolitan Council, adopt ordinances which provide for the protection of the resources
that are the subject of the standards, criteria, and model ordinances. The council shall
8.1not require any changes or amendments to the ordinances submitted, unless specifically
8.2authorized by law.
8.3EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
8.4policies, plans, ordinances, applications, or other matters submitted on or after
Sec. 4. Minnesota Statutes 2014, section 473.313, subdivision 2, is amended to read:
Subd. 2. Council review.
The Metropolitan Council shall review with the advice of
the commission, each master plan to determine whether it is consistent with the council's
If it is not consistent, the council shall return the plan with its comments to
8.10 the municipalities, park district or county for revision and resubmittal.
Sec. 5. Minnesota Statutes 2014, section 473.852, subdivision 8, is amended to read:
Subd. 8. Metropolitan system plans.
"Metropolitan system plans" means the
transportation portion of the Metropolitan Development Guide
and the policy plans
capital budgets for metropolitan wastewater service
, and regional
8.15 recreation open space
8.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
8.17policies, plans, ordinances, applications, or other matters submitted on or after
Sec. 6. Minnesota Statutes 2014, section 473.856, is amended to read:
8.20473.856 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
for existing or planned metropolitan public facilities, as specified in metropolitan
plans, and for state and federal public facilities to the extent known to the council;
(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
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
amendment is necessary to ensure continued conformity with metropolitan system plans.
an amendment is necessary, the governmental unit shall prepare the amendment and submit
it to the council for review pursuant to sections
9.10EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
9.11policies, plans, ordinances, applications, or other matters submitted on or after
Sec. 7. APPLICATION.
9.14This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
9.15Scott, and Washington.
Sec. 8. REVISOR'S INSTRUCTION.
9.17In each section of Minnesota Statutes referred to in column A, the revisor of statutes
9.18shall delete the reference in column B and insert the reference in column C.
9.31EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
9.32policies, plans, ordinances, applications, or other matters submitted on or after
Sec. 9. REPEALER.
10.1Minnesota Statutes 2014, section 473.851, is repealed.
10.2EFFECTIVE DATE.This section is effective August 1, 2015, and applies to all
10.3policies, plans, ordinances, applications, or other matters submitted on or after