HF 2480

1st Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

1.1                                        A bill for an act
1.2     relating to professional sports facilities; providing for the financing, construction, 
1.3     operation, and maintenance of a major league ballpark and related facilities; 
1.4     providing for the financing, construction, operation, and maintenance of a major 
1.5     league football stadium; authorizing a metropolitan area sales and use tax upon 
1.6     approval by voters; providing funding for certain public transit operations 
1.7     and capital improvements; requiring a Web site; providing that proceeds of 
1.8     the Metrodome sale be transferred to the Metropolitan Council for certain 
1.9     transit purposes; requiring an election;amending Minnesota Statutes 2004, 
1.10    sections 297A.71, by adding subdivisions; 473.551, subdivisions 1, 8, by adding 
1.11    subdivisions; 473.553, subdivisions 2, 3, 4, 5; 473.556, subdivisions 3, 4, 5, 
1.12    6, 12, 17, by adding a subdivision; 473.561; proposing coding for new law in 
1.13    Minnesota Statutes, chapter 473; repealing Minnesota Statutes 2004, sections 
1.14    272.02, subdivision 50; 297A.71, subdivision 31; 473.553, subdivision 14; 
1.15    473.5995, subdivision 2; 473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 
1.16    473I.07; 473I.08; 473I.09; 473I.10; 473I.11; 473I.12; 473I.13.
1.17     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18                                           ARTICLE 1
1.19                                            BALLPARK

1.20        Section 1. Minnesota Statutes 2004, section 297A.71, is amended by adding a 
1.21    subdivision to read:
1.22        Subd. 37. Building materials exemption. Materials, supplies, and equipment used 
1.23    or consumed in, and incorporated into the construction or improvement of the ballpark 
1.24    and public infrastructure constructed pursuant to sections 473.75 to 473.757, are exempt. 
1.25    This subdivision expires one year after the date that the first major league baseball game is 
1.26    played in the ballpark for materials, supplies, and equipment used in the ballpark, and five 
1.27    years after the issuance of the first bonds under section 473.755 for materials, supplies, 
1.28    and equipment used in the public infrastructure.

2.1         Sec. 2. [473.75] PURPOSE.
2.2     The purpose of this article is to provide for the construction, financing, and 
2.3     long-term use of a ballpark primarily as a venue for major league baseball.  It is found and 
2.4     declared that the expenditure of public money for this purpose is necessary and serves 
2.5     a public purpose.  It is further found and declared that any provision in a lease or use 
2.6     agreement with a major league team, that requires the team to play its home games in a 
2.7     publicly funded ballpark for the duration of the lease or use agreement, serves a unique 
2.8     public purpose for which the remedies of specific performance and injunctive relief are 
2.9     essential to its enforcement.  It is further found and declared that government assistance to 
2.10    facilitate the presence of major league baseball provides to the state of Minnesota and its 
2.11    citizens highly valued intangible benefits that are virtually impossible to quantify and, 
2.12    therefore, not recoverable even if the government receives monetary damages in the event 
2.13    of a team's breach of contract. Minnesota courts are, therefore, charged with protecting 
2.14    those benefits through the use of specific performance and injunctive relief as provided 
2.15    herein and in the lease and use agreements.

2.16        Sec. 3. [473.751] DEFINITIONS.
2.17        Subdivision 1. Terms. As used in this article, the terms defined in this section 
2.18    have the meanings given them in this section, except as otherwise expressly provided or 
2.19    indicated by the context.
2.20        Subd. 2. Ballpark. "Ballpark" means the stadium suitable for major league baseball 
2.21    to be constructed and financed under this article.
2.22        Subd. 3. Ballpark costs. "Ballpark costs" means the cost of designing, constructing, 
2.23    and equipping a ballpark suitable for major league baseball. "Ballpark cost" excludes 
2.24    the cost of land acquisition, site improvements, utilities, site demolition, environmental 
2.25    remediation, railroad crash wall, site furnishings, landscaping, railroad right-of-way 
2.26    development, district energy, site graphics and artwork and other site improvements 
2.27    identified by the commission, public infrastructure, capital improvement reserves, bond 
2.28    reserves, capitalized interest, and financing costs.
2.29        Subd. 4. Development area.  "Development area" means the area in the city of 
2.30    Minneapolis bounded by marked Interstate Highway 394, vacated Holden Street, the 
2.31    Burlington Northern right-of-way, Seventh Street North, Sixth Avenue North, and Fifth 
2.32    Street North.
2.33        Subd. 5. Public infrastructure.  "Public infrastructure" means all property, 
2.34    facilities, and improvements determined by the commission to facilitate the development 
2.35    and use of the ballpark, including but not limited to property and improvements for 
3.1     drainage, environmental remediation, parking, roadways, walkways, skyways, pedestrian 
3.2     bridges, bicycle paths, and transit improvements to facilitate public access to the ballpark, 
3.3     lighting, landscaping, utilities, streets, and land acquired and prepared for private 
3.4     redevelopment in a manner related to the use of the ballpark.
3.5         Subd. 6. Team. "Team" means the owner and operator of the baseball team 
3.6     currently known as the Minnesota Twins.

3.7         Sec. 4. [473.752] LOCATION.
3.8     The ballpark must be located in the city of Minneapolis at a site within the 
3.9     development area.

3.10        Sec. 5. [473.753] CONSTRUCTION OF BALLPARK.
3.11        Subdivision 1. Contracts. The commission may enter into a development agreement 
3.12    with the team or any other entity relating to the construction, financing, and use of the 
3.13    ballpark and related facilities and public infrastructure.  The commission may contract 
3.14    for materials, supplies, and equipment in accordance with section 471.345, except that 
3.15    the commission may employ or contract with persons, firms, or corporations to perform 
3.16    one or more or all of the functions of architect, engineer, or construction manager with 
3.17    respect to all or any part of the ballpark and public infrastructure.  Alternatively, at the 
3.18    request of the team, the commission shall authorize the team to provide for the design 
3.19    and construction of the ballpark, subject to terms of this article. The commission may 
3.20    also enter into agreements with Hennepin County or the city of Minneapolis relating to 
3.21    the design and construction of the public infrastructure with revenues available to the 
3.22    commission. The construction manager may enter into contracts with contractors for 
3.23    labor, materials, supplies, and equipment for the construction of the ballpark through the 
3.24    process of public bidding, except that the construction manager may, with the consent 
3.25    of the commission or the team:
3.26    (1) narrow the listing of eligible bidders to those that the construction manager 
3.27    determines to possess sufficient expertise to perform the intended functions;
3.28    (2) award contracts to the contractors that the construction manager determines 
3.29    provide the best value, which are not required to be the lowest responsible bidder; and 
3.30    (3) for work the construction manager determines to be critical to the completion 
3.31    schedule, award contracts on the basis of competitive proposals or perform work with 
3.32    its own forces without soliciting competitive bids if the construction manager provides 
3.33    evidence of competitive pricing.
4.1     The commission may require that the construction manager certify, before the contract 
4.2     is signed, a certified, fixed, and stipulated construction price and completion date to the 
4.3     commission and post a bond in an amount at least equal to 100 percent of the certified 
4.4     price, to cover any costs that may be incurred in excess of the certified price, including, 
4.5     but not limited to, costs incurred by the commission or loss of revenues resulting from 
4.6     incomplete construction on the completion date.  The commission may secure surety bonds 
4.7     as provided in section 574.26, securing payment of just claims in connection with all 
4.8     public work undertaken by it. Persons entitled to the protection of the bonds may enforce 
4.9     them as provided in sections 574.28 to 574.32, and are not be entitled to a lien on any 
4.10    property of the commission under sections 514.01 to 514.16. Contracts for construction 
4.11    and operation of the ballpark must include programs to provide for participation by small 
4.12    local businesses and businesses owned by women and people of color, and the inclusion 
4.13    of women and people of color in the workforces of contractors and ballpark operators. 
4.14    The contracts must comply with all employment requirements applicable to city and state 
4.15    contracts for construction, including requirements relating to the payment of prevailing 
4.16    wages under sections 177.41 to 177.44.
4.17        Subd. 2. Zoning and planning. It is found and declared that the construction 
4.18    of a ballpark within the development area is consistent with the adopted area plan, is 
4.19    the preferred ballpark location, and is a permitted land use. Local units of government 
4.20    may not impose restrictions or conditions on ballpark and public infrastructure land use 
4.21    approvals except those that are based on reasonable land use grounds and criteria that are 
4.22    within their jurisdiction to apply. This subdivision applies to establish a procedure for 
4.23    all land use reviews and approvals by local governments for the ballpark and related 
4.24    public infrastructure and supersedes all land use rules and restrictions and procedures 
4.25    imposed by other law, charter, or ordinance. Section 15.99, subdivision 3, paragraphs 
4.26    (f) and (g), does not apply. Within 60 days of the effective date of this article, the 
4.27    city of Minneapolis and Hennepin County shall establish a ballpark implementation 
4.28    committee with equal representation from the city of Minneapolis and Hennepin County 
4.29    to make recommendations on street vacation, parking, roadways, walkways, skyways, 
4.30    pedestrian bridges, bicycle paths, transit improvements to facilitate public street access to 
4.31    the ballpark, and integration into the transportation plan for downtown and the region, 
4.32    lighting, landscaping, utilities, streets, drainage, environmental remediation, and land 
4.33    acquired and prepared for private redevelopment in a manner related to the use of 
4.34    the ballpark. The recommendations of the committee must be forwarded to the city of 
4.35    Minneapolis Planning Commission for an advisory recommendation and then to the city 
4.36    council for action in a single resolution.
5.1         Subd. 3. Local government action; environmental review.  Local governmental 
5.2     units shall take action promptly and within project design and construction timetables on 
5.3     applications for building permits and certificates of occupancy.  The commission shall be 
5.4     the responsible governmental unit for any environmental impact statement prepared under 
5.5     section 116D.04.  The commission may make decisions and take actions to acquire land 
5.6     and obtain financing before completion of environmental review.

5.7         Sec. 6. [473.754] CRITERIA AND CONDITIONS.
5.8         Subdivision 1. Binding and enforceable. In developing the ballpark and entering 
5.9     into related contracts, the commission must follow and enforce the criteria and conditions 
5.10    in this section, provided that a determination by the commission that those criteria or 
5.11    conditions have been met under any agreement or otherwise is conclusive.
5.12        Subd. 2. Team contributions. The team must agree to contribute at least 
5.13    $130,000,000 toward ballpark costs, plus 25 percent of the cost of adding a retractable 
5.14    roof to the ballpark. The team contribution must be reduced by a proportionate share 
5.15    of any amount by which actual ballpark costs may be less than a budgeted amount of 
5.16    $390,000,000, plus the costs of a retractable roof.  The team contributions must be funded 
5.17    in cash during the construction period.  In addition to any other team contribution, the 
5.18    team must agree to assume and pay when due all cost overruns for the ballpark costs that 
5.19    exceed the budget, excluding land, site improvements, and public infrastructure.
5.20        Subd. 3. Reserve for capital improvements. The commission shall require 
5.21    that a reserve fund for capital improvements to the stadium be established and funded 
5.22    with annual team payments of $1,000,000 and annual payments from other sources 
5.23    of $1,000,000. The annual payments must increase according to an inflation index 
5.24    determined by the commission.  The commission may accept contributions from any other 
5.25    source for the portion of the funding not required to be provided by the team.
5.26        Subd. 4. Lease or use agreements. The commission and team must agree to a 
5.27    long-term lease or use agreement with the team for its use of the ballpark.  The team 
5.28    must agree to play all regularly scheduled and postseason home games at the ballpark. 
5.29    Preseason games may also be scheduled and played at the ballpark.  The lease or use 
5.30    agreement must be for a term of at least 30 years from the date of ballpark completion. 
5.31    The lease or use agreement must include terms for default, termination, and breach of 
5.32    the agreement.  Recognizing that the presence of major league baseball provides to the 
5.33    state of Minnesota and its citizens highly valued, intangible benefits that are virtually 
5.34    impossible to quantify and, therefore, not recoverable in the event of a team owner's 
5.35    breach of contract, the lease and use agreements must provide for specific performance 
6.1     and injunctive relief to enforce provisions relating to use of the ballpark for major league 
6.2     baseball and must not include escape clauses or buyout provisions.
6.3         Subd. 5. Notice requirement for certain events. Until 30 years from the date 
6.4     of ballpark completion, the team must provide written notice to the commission not 
6.5     less than 90 days before any action, including any action imposed upon the team by 
6.6     Major League Baseball, which would result in a breach or default of provisions of the 
6.7     lease or use agreements required to be included under subdivision 4.  If this notice 
6.8     provision is violated and the team has already breached or been in default under the 
6.9     required provisions, the commission or the state may specifically enforce the lease or 
6.10    use agreement, and Minnesota courts shall fashion equitable remedies so that the team 
6.11    may fulfill the conditions of the lease and use agreements, including, but not limited to, 
6.12    remedies against Major League Baseball.
6.13        Subd. 6. Enforceable financial commitments. The commission must determine 
6.14    before ballpark construction begins that all public and private funding sources for 
6.15    construction and operation of the ballpark are included in written agreements. The 
6.16    committed funds must be adequate to design, construct, furnish, and equip the ballpark.
6.17        Subd. 7. Community ownership option. (a) The lease or use agreement for the 
6.18    baseball facility must provide that if the owner of the baseball franchise seeks to sell the 
6.19    franchise during the term of the agreement, the franchise must first be offered for sale to 
6.20    the entity formed in compliance with paragraph (b) on the same terms offered to any other 
6.21    entity. The offer to sell the franchise to this entity must remain open for at least one 
6.22    year. The amounts that would otherwise be returned to the public under subdivision 10 
6.23    may be used by an entity created under paragraph (b) to offset the cost of acquiring the 
6.24    baseball franchise.
6.25    (b) The governor and the commission must attempt to facilitate the formation 
6.26    of a corporation to acquire the baseball franchise and to identify an individual private 
6.27    managing owner of the corporation. The corporation formed to acquire the franchise must 
6.28    have a capital structure that complies with all of the following provisions:
6.29    (1) there may be two classes of capital stock: common stock and preferred stock. 
6.30    Both classes of stock must give holders voting rights with respect to any relocation 
6.31    or contraction of the franchise;
6.32    (2) the private managing owner must own no less than 25 percent and no more than 
6.33    35 percent of the common stock. For purposes of this restriction, shares of common stock 
6.34    owned by the private managing owner include shares of commons stock owned by any 
6.35    related taxpayer as defined in section 1313(c) of the Internal Revenue Code of 1986, as 
6.36    amended. Other than the rights of all other holders of common stock and preferred stock 
7.1     with respect to relocation of the franchise or voluntary contraction, the private managing 
7.2     owner must control all aspects of the operation of the corporation;
7.3     (3) other than the private managing owner, no individual or entity may own more 
7.4     than five percent of the common stock of the corporation;
7.5     (4) at least 50 percent of the ownership of the common stock must be sold to 
7.6     members of the general public in a general solicitation and no person or entity may own 
7.7     more than one percent of common stock of the corporation; and
7.8     (5) the articles of incorporation, bylaws, and other governing documents must 
7.9     provide that the franchise may not move outside of the state or agree to voluntary 
7.10    contraction without approval of at least 75 percent of the shares of common stock and at 
7.11    least 75 percent of the shares of preferred stock. Notwithstanding any law to the contrary, 
7.12    these 75 percent approval requirements may not be amended by the shareholders or by 
7.13    any other means.
7.14    (c) Except as specifically provided by this article, no state agency may spend money 
7.15    from any state fund for the purpose of generating revenue under this subdivision or for the 
7.16    purpose of providing operating support or defraying operating losses of a professional 
7.17    baseball franchise.
7.18        Subd. 8. Environmental requirements. The commission must comply with all 
7.19    environmental requirements imposed for the ballpark, site, and structure by regulatory 
7.20    agencies. 
7.21        Subd. 9. Ballpark design. (a) The ballpark must have a retractable roof. 
7.22    (b) The commission must ensure that the ballpark receives Leadership in Energy and 
7.23    Environmental Design (LEED) certification for environmental design, and to the extent 
7.24    practicable, that the ballpark design is architecturally significant.
7.25    (c) The ballpark design must, to the extent feasible, follow sustainable building 
7.26    guidelines established under section 16B.325.
7.27    (d) The commission must ensure that the ballpark be, to the greatest extent 
7.28    practicable, constructed of American-made steel.
7.29        Subd. 10. Public share upon sale of team. The lease or use agreement must 
7.30    provide that, if the team is sold after the effective date of this article, a portion of the sale 
7.31    price must be paid to the authority and deposited in a reserve fund for improvements to 
7.32    the ballpark or expended as the authority may otherwise direct. The portion required to 
7.33    be so paid to the authority is 18 percent of the gross sale price, declining to zero ten 
7.34    years after commencement of ballpark construction in increments of 1.8 percent each 
7.35    year. The agreement shall provide exceptions for sales to members of the owner's family 
7.36    and entities and trusts beneficially owned by family members, sales to employees of 
8.1     equity interests aggregating up to ten percent, and sales related to capital infusions not 
8.2     distributed to the owners.
8.3         Subd. 11. Access to books and records. The commission must seek a provision in 
8.4     the lease or use agreement that provides the commission access to annual audited financial 
8.5     statements of the team and other financial books and records that the commission deems 
8.6     necessary to determine compliance by the team with this article and to enforce the terms 
8.7     of any lease or use agreements entered into under this article.  Any financial information 
8.8     obtained by the commission under this subdivision is nonpublic data under section 13.02, 
8.9     subdivision 9.
8.10        Subd. 12. Affordable access. To the extent determined by the commission or 
8.11    required by a grant agreement, any lease or use agreement must provide for affordable 
8.12    access to the professional sporting events held in the ballpark.
8.13        Subd. 13. No strikes or lockouts. The commission must use its best efforts to 
8.14    negotiate a public sector project labor agreement or other agreement to prevent strikes and 
8.15    lockouts that would halt, delay, or impede construction of the ballpark and related facilities.
8.16        Subd. 14. Youth and amateur sports. The lease or use agreement must require that 
8.17    the team provide or cause to be provided $250,000 annually for the term of the agreement 
8.18    for youth activities and amateur sports without reducing the amounts otherwise normally 
8.19    provided for and on behalf of the team for those purposes.  The amount must increase 
8.20    according to an inflation factor not to exceed 2.5 percent annually and may be subject to a 
8.21    condition that the county fund grants for similar purposes as authorized by this article.
8.22        Subd. 15. Name retention. The lease or use agreement must provide that the 
8.23    team and league will transfer to the state of Minnesota the Minnesota Twins' heritage 
8.24    and records, including the name, logo, colors, history, playing records, trophies and 
8.25    memorabilia in the event of any dissolution or relocation of the Twins franchise.

8.26        Sec. 7. [473.755] FINANCING OF FACILITY.
8.27        Subdivision 1. Public expenditures. The amount that the commission may grant or 
8.28    expend for ballpark costs must not exceed $475,000,000.  The amount of any grant for 
8.29    capital improvement reserves must not exceed $1,000,000 annually, subject to annual 
8.30    increases according to an inflation index acceptable to the commission.  This section does 
8.31    not limit the amount of grants or expenditures for land, site improvements, and public 
8.32    infrastructure.  A grant agreement is valid and enforceable notwithstanding that it involves 
8.33    payments in future years and they do not constitute a debt of the commission within 
8.34    the meaning of any constitutional or statutory limitation or for which a referendum is 
8.35    required.  The commission may acquire land, air rights, and other property interests within 
9.1     the development area for the ballpark site and public infrastructure for development as a 
9.2     ballpark, and acquire and construct any related public infrastructure. The commission may 
9.3     review and approve ballpark designs, plans, and specifications to the extent provided in a 
9.4     grant agreement and in order to ensure that the public purposes of the grant are carried 
9.5     out.  Public infrastructure designs must optimize area transit and bicycle opportunities, 
9.6     including connections to planned or existing trails and transportation corridors, including 
9.7     Central, Hiawatha, I-394, Northstar, Northwest, Red Rock, Rush Line, and Southwest.  The 
9.8     commission may enforce the provisions of any grant agreement by specific performance. 
9.9     The commission may reimburse a local governmental entity within which the ballpark is 
9.10    located or make a grant to such a governmental unit for site acquisition, preparation of the 
9.11    site for ballpark development, and public infrastructure.  Amounts expended by a local 
9.12    governmental unit with the proceeds of a grant or in expectation of reimbursement by the 
9.13    commission are not an expenditure or other use of local governmental resources by the 
9.14    governmental unit within the meaning of any law or charter limitation.  
9.15        Subd. 2. Revenue bonds. When the criteria and conditions set forth in section 
9.16    473.754 have been met, the commission may, by resolution, authorize, sell, and issue 
9.17    revenue bonds to provide money to finance all or a portion of the costs of site acquisition, 
9.18    site improvements and other activities necessary to prepare a site for development of a 
9.19    ballpark, to construct, improve, and maintain the ballpark and to establish and fund capital 
9.20    improvement reserves, and to acquire and construct any related parking facilities and other 
9.21    public infrastructure.  The commission may also, by resolution, issue bonds to refund the 
9.22    bonds issued under this section.   The term of the bonds must be no longer than is necessary 
9.23    to provide interim financing in anticipation of receipt of sufficient funds under section 
9.24    473.131 to meet these costs. The bonds must be limited obligations, solely payable from 
9.25    or secured by revenues to become available under this article and article 3.  The bonds 
9.26    may be issued in one or more series and sold without an election.  The bonds must be sold 
9.27    in the manner provided by section 475.60.  The bonds shall be secured, bear the interest 
9.28    rate or rates or a variable rate, have the rank or priority, be executed in the manner, be 
9.29    payable in the manner, mature, and be subject to the defaults, redemptions, repurchases, 
9.30    tender options, or other terms the commission may determine.  The commission may enter 
9.31    into and perform all contracts deemed necessary or desirable by it to issue and secure the 
9.32    bonds, including an indenture of trust with a trustee within or without the state. The debt 
9.33    represented by the bonds is not included in computing any debt limitation applicable to 
9.34    the commission.  Subject to this subdivision, the bonds must be issued and sold in the 
9.35    manner provided in chapter 475.  The bonds must recite that they are issued under this 
10.1    section and the recital is conclusive as to the validity of the bonds and the imposition and 
10.2    pledge of the taxes levied for their payment.  

10.3        Sec. 8. [473.756] CITY REQUIREMENTS.
10.4        Subdivision 1. Third Avenue. At the request of the commission, the city of 
10.5    Minneapolis shall vacate the portion of Third Avenue North from Seventh Street North to 
10.6    the intersection of Third Avenue North and the on-ramp to marked Interstate Highway 394 
10.7    without impeding on-ramp access.
10.8        Subd. 2. Land conveyance. At the request of the commission, the city of 
10.9    Minneapolis shall convey to the commission at fair market value all real property it owns 
10.10   that is located in the development area and is not currently used for road, sidewalk, or 
10.11   utility purposes and that the commission determines to be necessary for ballpark or public 
10.12   infrastructure purposes.
10.13       Subd. 3. Liquor licenses. The city of Minneapolis shall issue intoxicating liquor 
10.14   licenses that are reasonably requested for the premises of the ballpark.  These licenses 
10.15   are in addition to the number authorized by law.  All provisions of chapter 340A not 
10.16   inconsistent with this section apply to the licenses authorized under this subdivision.
10.17       Subd. 4. Charter limitations. Actions taken by the city of Minneapolis under this 
10.18   section are not an expenditure or other use of city resources within the meaning of any 
10.19   charter limitation.

10.20       Sec. 9. [473.757] LOCAL TAXES.
10.21   No local unit of government shall impose a new or additional tax on sales or uses 
10.22   of any item that is not in effect for the ballpark site on the effective date of this article, 
10.23   except taxes generally applicable throughout the jurisdiction.

10.24       Sec. 10.  REPEALER.
10.25   Minnesota Statutes 2004, sections 272.02, subdivision 50; 297A.71, subdivision 31; 
10.26   473.5995, subdivision 2; 473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 
10.27   473I.08; 473I.09; 473I.10; 473I.11; 473I.12; and 473I.13, are repealed.

10.28       Sec. 11. EFFECTIVE DATE.
10.29   This article is effective the day following final enactment.

11.1                                           ARTICLE 2
11.2                                        FOOTBALL STADIUM

11.3        Section 1. Minnesota Statutes 2004, section 297A.71, is amended by adding a 
11.4    subdivision to read:
11.5        Subd. 38. Stadium construction materials and equipment exempt. Materials 
11.6    and supplies used or consumed in, and equipment incorporated into the construction of 
11.7    a National Football League stadium constructed under sections 473.76 to 473.768 are 
11.8    exempt.  The exemption under this subdivision terminates one year after the first National 
11.9    Football League game is played in the stadium.

11.10       Sec. 2. [473.76] PURPOSE.
11.11   The legislature finds that construction of a new stadium that meets National Football 
11.12   League programmatic requirements, with a retractable roof, in the city of Blaine, county 
11.13   of Anoka, serves a public purpose.  The legislature finds that the public purpose served 
11.14   includes retaining the Minnesota Vikings as a part of Minnesota's public amenities for 
11.15   its citizens and as a major attraction to visitors to the state, adding to the economic 
11.16   development of the state, attracting revenue from out of the state, and preserving the 
11.17   contributions of football to the culture of Minnesota and to the enjoyment of its citizens. 
11.18   Further, the legislature finds that a National Football League stadium may be financed as a 
11.19   public-private partnership between the state, the Minnesota Vikings, and other supporting 
11.20   interests that may contribute to the construction of a football stadium and related facilities. 
11.21   The legislature further finds that a new stadium should be coordinated with transportation 
11.22   and transit plans and activities.

11.23       Sec. 3. [473.761] DEFINITIONS.
11.24       Subdivision 1. Terms. For the purposes of sections 473.76 to 473.768, the terms 
11.25   defined in this section have the meanings given them in this section, except as otherwise 
11.26   expressly provided or indicated by the context.
11.27       Subd. 2. Sports facilities. "Sports facilities" means the stadium, with a retractable 
11.28   or fixed roof, adjoining structures related to the operation of the stadium, practice 
11.29   facilities, including preseason training camp facilities, and other supporting infrastructure, 
11.30   including parking.
11.31       Subd. 3. Stadium district. "Stadium district" means a district designated by the 
11.32   commission that contains the National Football League stadium and consists of no more 
11.33   than 740 contiguous acres surrounding the sports facilities. 

12.1        Sec. 4. [473.762] LOCATION.
12.2    The new National Football League stadium must be located in the city of Blaine, 
12.3    Anoka County, Minnesota.

12.4        Sec. 5. [473.763] CONSTRUCTION OF FOOTBALL STADIUM.
12.5        Subdivision 1. Construction manager. The commission and the Minnesota Vikings 
12.6    shall jointly select a construction manager. With respect to the construction of the stadium, 
12.7    the construction manager must:
12.8    (1) guarantee a maximum cost of construction; and 
12.9    (2) provide payment and performance bonds or other security reasonably acceptable 
12.10   to the commission in an amount equal to the guaranteed maximum cost of construction, 
12.11   and must comply with all employment requirements applicable to city and state contracts 
12.12   for construction, including requirements relating to the payment of prevailing wages under 
12.13   sections 177.41 to 177.44. Contracts for construction and operation of the ballpark must 
12.14   include programs to provide for participation by small local businesses and businesses 
12.15   owned by women and people of color, and the inclusion of women and people of color 
12.16   in the workforces of contractors and ballpark operators.
12.17       Subd. 2. Contracts. The lessee under the stadium lease or the construction manager 
12.18   may enter into contracts with contractors for labor, materials, supplies, and equipment to 
12.19   equip and construct the new stadium through the process of public bidding.
12.20       Subd. 3. Bids. The lessee or the construction manager may:
12.21   (1) limit the list of eligible bidders to those that the construction manager determines 
12.22   possess sufficient expertise to perform the intended functions;
12.23   (2) award contracts to the contractors that the construction manager determines 
12.24   provide the best value, which need not be the lowest responsible bidder; and 
12.25   (3) for work the construction manager determines to be critical to the completion 
12.26   schedule, the construction manager may award contracts on the basis of competitive 
12.27   proposals or perform work with its own forces without soliciting competitive bids if the 
12.28   construction manager provides evidence of competitive pricing.
12.29       Subd. 4. Design. The commission must ensure that the stadium receives Leadership 
12.30   in Energy and Environmental Design (LEED) certification for environmental design, and 
12.31   to the extent practicable, that the stadium design is architecturally significant.

12.32       Sec. 6. [473.764] CRITERIA AND CONDITIONS.
13.1        Subdivision 1. Requirement. The commission shall issue its bonds and construction 
13.2    of the stadium may commence when the commission has completed the requirements 
13.3    imposed under this section.
13.4        Subd. 2. Use agreement. The commission must execute a long-term use agreement 
13.5    with the Minnesota Vikings, meeting the requirements of section 473.767.
13.6        Subd. 3. Development and financing agreement. The commission must execute 
13.7    a development and financing agreement with the Minnesota Vikings meeting the 
13.8    requirements of section 473.766.
13.9        Subd. 4. Sufficient funds. The commissioner must determine that the proceeds 
13.10   of bonds authorized and provided for in section 473.765 will be sufficient, together 
13.11   with other capital funds that may be available to the commission for expenditure on the 
13.12   sports facilities, including, except as otherwise provided in this section, the acquisition, 
13.13   clearance, relocation, and legal costs referred to in subdivisions 5 and 6. 
13.14       Subd. 5. Acquisition of property. The commission must acquire title to or an 
13.15   interest in all real property, including all easements, air rights, and other appurtenances 
13.16   needed for the construction and operation of the sports facility or has received a grant of 
13.17   money or has entered into agreements sufficient in the judgment of the commission to 
13.18   assure the receipt of money, at the time and in the amount required, to make any payment 
13.19   upon which the commission's acquisition of title or interest in and possession of the real 
13.20   property is conditioned.
13.21       Subd. 6. Money for site preparation. The commission must receive a grant of 
13.22   money or enter into agreements sufficient in the judgment of the commission to assure 
13.23   the receipt of money, at the time and in the amount required, to pay all costs, except as 
13.24   provided in this subdivision, of clearing the real property needed for the construction and 
13.25   operation of the sports facilities, railroad tracks, and other structures, including, without 
13.26   limitation, all relocation costs, all utility relocation costs, and all legal costs.
13.27       Subd. 7. Agreement prohibiting strikes. The commission must use its best efforts 
13.28   to negotiate an agreement to prevent strikes and lockouts that would halt, delay, or impede 
13.29   construction of the sports facilities.
13.30       Subd. 8. Construction agreements. The commission must execute agreements 
13.31   that will provide for the construction of the sports facilities for a certified or guaranteed 
13.32   construction price and completion date. The agreements must include performance bonds 
13.33   in an amount at least equal to 100 percent of the certified or guaranteed price to cover any 
13.34   costs that may be incurred over and above the certified price, including, but not limited 
13.35   to, costs incurred by the commission or loss of revenues resulting from incomplete 
13.36   construction on the completion date.
14.1        Subd. 9. Environmental requirements. The commission must ensure that 
14.2    environmental requirements imposed for the sports facilities by regulatory agencies are 
14.3    complied with.
14.4        Subd. 10. Adequacy of revenues. The commission must determine that the 
14.5    anticipated revenue from the operation of the sports facilities, plus any additional available 
14.6    revenue of the commission, will be an amount sufficient to pay when due all debt service 
14.7    on the bonds issued under section 473.765, subdivision 1, plus all administration, 
14.8    operating, and maintenance expense of the sports facilities.
14.9        Subd. 11. Committed funds. The commission must determine that all public and 
14.10   private funding sources for construction and operation of the sports facilities are officially 
14.11   committed in writing and enforceable.  The committed funds must be adequate to site, 
14.12   design, construct, furnish, equip, and service the sports facilities debt, as well as to pay 
14.13   for the ongoing operation and maintenance of the stadium.
14.14       Subd. 12. Guaranty. The commission must ensure that a guaranty is in place in 
14.15   a form satisfactory to the commission.  The guaranty may be in the form of a letter of 
14.16   credit, minimum net worth requirements, personal guaranties or other surety covering the 
14.17   payments on terms determined by the commission's negotiations with the Minnesota 
14.18   Vikings. 
14.19       Subd. 13. Effect of determinations.  The validity of any bonds issued under section 
14.20   473.765, subdivision 1, clauses (1) and (2), and the obligation of the commission related 
14.21   to them, must not be conditioned upon or impaired by the commission's determinations 
14.22   made under this section.  For purposes of issuing the bonds, the determinations made by 
14.23   the commission shall be deemed conclusive and the commission shall be and remain 
14.24   obligated for the security and payment of the bonds, irrespective of determinations that 
14.25   may be erroneous, inaccurate, or otherwise mistaken.

14.26       Sec. 7. [473.765] ISSUANCE OF BONDS.
14.27       Subdivision 1. Bonds. The commission may by resolution authorize the sale and 
14.28   issuance of its bonds for any or all of the following purposes:
14.29   (1) to provide money and pay costs to predesign, design, construct, furnish, equip, 
14.30   and otherwise improve or better the sports facilities owned or to be owned by the 
14.31   commission pursuant to this article, including construction of a retractable roof, and 
14.32   to finance acquisition of right-of-way and construction and reconstruction of Interstate 
14.33   Highway 35W and other trunk highways in Anoka County to improve access to the 
14.34   stadium;
15.1    (2) to establish a reserve fund or funds for the bonds and to pay costs of issuance 
15.2    of the bonds;
15.3    (3) to refund bonds issued under this section; and 
15.4    (4) to fund judgments entered by court against the commission in matters relating to 
15.5    the commission's functions related to the sports facilities.
15.6        Subd. 2. Procedure. The bonds must be sold, issued, and secured on the terms 
15.7    and conditions the commission determines to be in the best interests of the commission, 
15.8    except as otherwise provided in sections 473.76 to 473.768.  The bonds may be sold at 
15.9    any price and at public or private sale as determined by the commission.  They shall be 
15.10   payable solely from revenues referred to in sections 473.76 to 473.768.  The bonds are not 
15.11   a general obligation or debt of the commission or any city, county, or the state, and shall 
15.12   not be included in the net debt of any city, county, or other subdivision of the state for the 
15.13   purpose of any net debt limitation.  No election is required.
15.14       Subd. 3. Limitations.  The principal amount of bonds issued by the authority under 
15.15   subdivision 1, clauses (1) and (2), must not exceed $510,000,000 plus the amounts 
15.16   necessary to fund appropriate reserves, capitalized interest, bond insurance, and to pay 
15.17   issuance costs. The term of the bonds must be no longer than is necessary to provide 
15.18   interim financing in anticipation of receipt of sufficient funds under section 473.131 for 
15.19   the purposes of subdivision 1, clauses (1) and (2).
15.20       Subd. 4. Security. To the extent and in the manner provided in sections 473.76 to 
15.21   473.768, the revenues of the commission described in this article, and any other revenues 
15.22   of the commission attributable to the sports facilities, including teams' contributions, must 
15.23   be and remain pledged and appropriated to the commission as appropriate for the payment 
15.24   of all necessary and reasonable expenses of the operation, administration, maintenance 
15.25   of the sports facilities, and debt service on the bonds until all bonds or certificates of 
15.26   indebtedness issued under sections 473.76 to 473.768 are fully paid or discharged in 
15.27   accordance with law.  Bonds issued under sections 473.76 to 473.768 may be secured by a 
15.28   bond resolution, or by a trust indenture entered into by the commission with a corporate 
15.29   trustee within or outside the state, which must define the revenue and team contributions, 
15.30   and other sports facilities revenues pledged for the payment and security of the bonds.  The 
15.31   pledge is a valid charge on the revenues referred to in this article from the date when bonds 
15.32   are first issued or secured under the resolution or indenture and shall secure the payment 
15.33   of principal and interest and redemption premiums when due and the maintenance at all 
15.34   times of a reserve or reserves securing payments.  No mortgage of or security interest in 
15.35   any tangible real or personal property may be granted to the bondholders or the trustee, 
15.36   but they shall have a valid security interest in all tax and other revenues received and 
16.1    accounts receivable by the commission under this article, as against the claims of all other 
16.2    persons in tort, contract, or otherwise, irrespective of whether the parties have notice of 
16.3    the claims, and without possession or filing as provided in the Uniform Commercial 
16.4    Code or any other law.  In the bond resolution or trust indenture, the commission may 
16.5    make covenants, which shall be binding upon the commission, that are determined to be 
16.6    usual and reasonably necessary for the protection of the bondholders.  No pledge may be 
16.7    revoked or amended by law or by action of the commission except in accordance with 
16.8    the terms of the bond resolution or indenture under which the bonds are issued, until the 
16.9    obligations of the commission are fully discharged.
16.10       Subd. 5. No full faith and credit. Any bonds or other obligations issued by the 
16.11   commission under sections 473.76 to 473.768 are not public debt of the state, and the full 
16.12   faith and credit and taxing powers of the state are not pledged for their payment or of any 
16.13   payments that the state agrees to make under this article.
16.14       Subd. 6. Taxability of interest on bonds. The bonds authorized by this section 
16.15   may be issued whether or not the interest to be paid on them is gross income for federal 
16.16   tax purposes, provided that the commission must make an effort to arrange the financing 
16.17   for the project in a manner that would allow the interest to be tax-exempt to the greatest 
16.18   extent possible.

16.19       Sec. 8. [473.766] DEVELOPMENT AND FINANCING AGREEMENT.
16.20       Subdivision 1. Agreement required. Prior to commencement of construction, the 
16.21   commission must negotiate and enter into an agreement with Anoka County, the city of 
16.22   Blaine, and the Minnesota Vikings concerning the terms and conditions under which 
16.23   the parties will make contributions of money, future revenues, interests in property for 
16.24   the site and public infrastructure, the method of completing design and construction, 
16.25   which may include the design build process, the integration of the stadium and related 
16.26   infrastructure with surrounding development, and other matters relating to the stadium, 
16.27   its operation, maintenance, and financing.  This agreement must, at a minimum, meet 
16.28   the requirements of this section.
16.29       Subd. 2. Total public investment towards stadium project costs. The total public 
16.30   investment shall not exceed $510,000,000, of which $395,000,000 is for stadium project 
16.31   costs and $115,000,000 is for offsite infrastructure. As used in this section, "stadium 
16.32   project costs" includes the costs of the following:
16.33   (1) acquisition of land needed for the stadium structure and related parking and 
16.34   infrastructure;
16.35   (2) design and construction of the stadium and related infrastructure;
17.1    (3) finished space and fixtures, furniture, and equipment within the stadium project 
17.2    for the Minnesota Vikings, concessions and suites; and
17.3    (4) land, design, construction, fixtures, furniture, and equipment for the Minnesota 
17.4    Vikings indoor practice facility and exhibition hall. 
17.5    The extent of the expenditures under this section is subject to the agreement of 
17.6    the Minnesota Vikings. Expenditures for finishing and equipping the space within the 
17.7    stadium for the Minnesota Vikings is subject to a per square foot maximum agreed to 
17.8    by the commission and the team.
17.9        Subd. 3. Team contribution. The team must contribute at least $280,000,000 
17.10   to the sports facility costs.  Team contributions may include, but are not limited to, 
17.11   contribution of land, initial cash contributions, and cash equivalent to the net present 
17.12   value of guaranteed annual payments and assignments of naming rights and permanent 
17.13   seat licenses. Team contributions do not include payments of operating and maintenance 
17.14   expenses for the stadium, which must be made by the team. In addition to any other team 
17.15   contribution, the team must assume and pay when due all cost overruns for the stadium.

17.16       Sec. 9. [473.767] USE AGREEMENT.
17.17       Subdivision 1. Requirement. Prior to the issuance of bonds under section 473.765, 
17.18   the commission must have entered into an agreement with the Minnesota Vikings and the 
17.19   National Football League meeting the requirements of this section.
17.20       Subd. 2. Agreement with Minnesota Vikings. The commission shall enter into a 
17.21   use agreement with the Minnesota Vikings that, at a minimum, provides for the following:
17.22   (1) the Minnesota Vikings will use the stadium for all scheduled home preseason, 
17.23   regular season, and postseason games that the team is entitled to play at home for a term 
17.24   of not less than 30 years;
17.25   (2) the agreement must include terms for default, termination, and breach of 
17.26   agreement; and 
17.27   (3) the agreement must require specific performance and must not include escape 
17.28   clauses or buyout provisions.
17.29       Subd. 3. Agreement with national football league. The commission shall enter 
17.30   into an agreement with the National Football League guaranteeing the continuance of the 
17.31   Minnesota Vikings in the metropolitan area for the period of the agreements referred to in 
17.32   subdivision 2, clause (1).

17.33       Sec. 10. [473.768] LIQUOR LICENSES.
18.1    The city of Blaine may issue one or more intoxicating liquor licenses for the 
18.2    stadium.  These licenses are in addition to the number authorized by law.  All provisions 
18.3    of chapter 340A not inconsistent with this subdivision apply to the licenses authorized 
18.4    under this subdivision.

18.5        Sec. 11. EFFECTIVE DATE.
18.6    This article is effective the day following final enactment.

18.7                                           ARTICLE 3
18.8                           SPORTS FACILITIES FINANCING AND GOVERNANCE

18.9        Section 1. [473.131] METROPOLITAN AREA SALES AND USE TAXES.
18.10       Subdivision 1. Sales and use tax authorized. Notwithstanding section 477A.016 
18.11   or any other provision of law, ordinance, or city charter, if approved by a majority of the 
18.12   voters in the metropolitan area at an election described in section 19, the council shall 
18.13   impose by resolution a sales and use tax at a rate of one-half of one percent on sales 
18.14   and uses in the metropolitan area for the purposes specified in subdivision 2. Except 
18.15   as otherwise provided in this section, the provisions of section 297A.99 govern the 
18.16   imposition, administration, collection, and enforcement of the tax authorized under this 
18.17   subdivision.
18.18       Subd. 2. Use of revenues. (a) The proceeds remitted to the Metropolitan Council 
18.19   under this section must be used by the council as follows: 
18.20   (1) one-half must be distributed to the Metropolitan Sports Facilities Commission to 
18.21   be used to finance a new ballpark for the use of the Minnesota Twins, including public 
18.22   infrastructure costs, ballpark costs, capital improvements to the ballpark, operating 
18.23   expenses of the commission, and payment of debt service on obligations issued under 
18.24   article 1, and a new stadium for the use of the Minnesota Vikings; and
18.25   (2) one-half to be used by the council for implementation of the public transit 
18.26   components of the council's 2030 transportation policy plan, and for other public transit 
18.27   operations and capital improvements provided or assisted by the council in counties in the 
18.28   metropolitan transportation area.
18.29   (b) When sufficient revenues to complete construction of the stadium and ballpark 
18.30   and to provide for payment of the costs described in paragraph (a), clause (1), have been 
18.31   raised from the tax under this section and all other revenues available for those projects, 
18.32   the full amount of the revenues from the tax must be used for purposes of paragraph 
18.33   (a), clause (2).
19.1        Subd. 3. Exemption to tax limitations. The tax imposed under this section is 
19.2    not included in determining whether the total tax on lodging in the city of Minneapolis 
19.3    exceeds the maximum allowed tax under Laws 1986, chapter 396, section 5, as amended 
19.4    by Laws 2001, First Special Session chapter 5, article 12, section 87, or in determining a 
19.5    tax that may be imposed under any other limitations.
19.6        Subd. 4. Stadium financing. The Metropolitan Sports Facilities Commission must 
19.7    allocate the revenues provided under subdivision 2, paragraph (a), clause (1), in a manner 
19.8    that provides for timely completion of both sports facilities, with the ballpark having first 
19.9    priority in time, and that minimizes the cost of borrowing for construction of the facilities. 
19.10   The commission must consult with the Minnesota Twins and the Minnesota Vikings in 
19.11   developing the plan for timing of the projects.

19.12       Sec. 2. Minnesota Statutes 2004, section 473.551, subdivision 1, is amended to read:
19.13       Subdivision 1. Terms. For the purposes of sections  473.551 to  473.599 and 473.75 
19.14   to 473.768, the following terms shall have the meanings given in this section. 

19.15       Sec. 3. Minnesota Statutes 2004, section 473.551, subdivision 8, is amended to read:
19.16       Subd. 8. Sports facility or sports facilities. "Sports facility" or "sports facilities" 
19.17   means real or personal property comprising a stadium, stadiums, or arenas suitable 
19.18   for university or major league professional baseball, for university or major league 
19.19   professional football and soccer, or for both, or for university or major league hockey or 
19.20   basketball, or for both, together with adjacent parking facilities, including on the effective 
19.21   date of Laws 1994, chapter 648, the metrodome, the met center, and,; upon acquisition by 
19.22   the commission, the basketball and hockey arena; the ballpark provided under sections 
19.23   473.75 to 473.757; and the stadium provided under sections 473.76 to 473.768.

19.24       Sec. 4. Minnesota Statutes 2004, section 473.551, is amended by adding a subdivision 
19.25   to read:
19.26       Subd. 18. Ballpark. "Ballpark" is the sports facility located in the city of 
19.27   Minneapolis used primarily as a venue for playing major league baseball, constructed and 
19.28   financed under sections 473.75 to 473.757.

19.29       Sec. 5. Minnesota Statutes 2004, section 473.551, is amended by adding a subdivision 
19.30   to read:
20.1        Subd. 19. Football stadium. "Football stadium" is the sports facility located in the 
20.2    city of Blaine used primarily as a venue for playing major league professional football, 
20.3    constructed and financed under sections 473.76 to 473.768.

20.4        Sec. 6. Minnesota Statutes 2004, section 473.553, subdivision 2, is amended to read:
20.5        Subd. 2. Membership. The commission shall consist of sixtwo  members, appointed 
20.6    by the governor, both of whom must reside in a metropolitan county other than Anoka or 
20.7    Hennepin, one member appointed by the city council of the city in which the stadium is 
20.8    located of Blaine, one member appointed by the city council of the city of Minneapolis, 
20.9    two members appointed by the Anoka County Board, two members appointed by the 
20.10   Hennepin County Board, plus a chair appointed as provided in subdivision 3. The terms 
20.11   of all members of the commission on the date of enactment of this act terminate, and 
20.12   the terms of all members under this subdivision as amended under this act begin, on 
20.13   September 1, 2006. The members appointed by the governor, including the chair, are 
20.14   subject to confirmation by the senate.

20.15       Sec. 7. Minnesota Statutes 2004, section 473.553, subdivision 3, is amended to read:
20.16       Subd. 3. Chair. The chair shall be appointed by the governor as the ninth a voting 
20.17   member and shall meet all of the qualifications of a member, except the chair need 
20.18   only reside outside the city of Minneapolis. The chair shall preside at all meetings of 
20.19   the commission, if present, and shall perform all other duties and functions assigned by 
20.20   the commission or by law. The commission may appoint from among its members a 
20.21   vice-chair to act for the chair during temporary absence or disability.

20.22       Sec. 8. Minnesota Statutes 2004, section 473.553, subdivision 4, is amended to read:
20.23       Subd. 4. Qualifications. A member shall not during a term of office hold the office 
20.24   of Metropolitan Council member or be a member of another metropolitan agency or hold 
20.25   any judicial office or office of state government. None of the members appointed by the 
20.26   city council of the city in which the stadium is located shall be an elected public official of 
20.27   that city or of another political subdivision any part of whose territory is shared with that 
20.28   city. Each member shall qualify by taking and subscribing the oath of office prescribed by 
20.29   the Minnesota Constitution, article V, section 6. The oath, duly certified by the official 
20.30   administering it, shall be filed with the chair of the Metropolitan Council.

20.31       Sec. 9. Minnesota Statutes 2004, section 473.553, subdivision 5, is amended to read:
21.1        Subd. 5. Terms. The initial terms of three the members appointed by the governor 
21.2    and one of the members appointed by each of the county boards in 2006 shall end the 
21.3    first Monday in January in the year ending in the numeral "5" 2010. The terms of the 
21.4    other members and the chair shall end the first Monday in January in the year ending in 
21.5    the numeral "7" 2012. Thereafter, the term of each member and the chair shall be four 
21.6    years. The terms shall continue until a successor is appointed and qualified. Members 
21.7    may be removed only for cause.

21.8        Sec. 10. Minnesota Statutes 2004, section 473.556, subdivision 3, is amended to read:
21.9        Subd. 3. Acquisition of property. The commission may acquire by lease, purchase, 
21.10   gift, or devise all necessary right, title, and interest in and to real or personal property 
21.11   deemed necessary to the purposes contemplated by sections  473.551 to  473.599 and 
21.12   473.75 to 473.768 within the limits of the metropolitan area. 

21.13       Sec. 11. Minnesota Statutes 2004, section 473.556, subdivision 4, is amended to read:
21.14       Subd. 4. Exemption of property. (a) Except as otherwise provided in this 
21.15   subdivision, any real or personal property acquired, owned, leased, controlled, used, 
21.16   or occupied by the commission for any of the purposes of sections  473.551 to  473.599 
21.17   and 473.75 to 473.768 is declared to be acquired, owned, leased, controlled, used and 
21.18   occupied for public, governmental, and municipal purposes, and shall be exempt from 
21.19   ad valorem taxation by the state or any political subdivision of the state, provided that 
21.20   such properties shall be subject to special assessments levied by a political subdivision for 
21.21   a local improvement in amounts proportionate to and not exceeding the special benefit 
21.22   received by the properties from the improvement. No possible use of any such properties 
21.23   in any manner different from their use under sections  473.551 to  473.599 or 473.75 to 
21.24   473.768  at the time shall be considered in determining the special benefit received by the 
21.25   properties. All assessments shall be subject to final confirmation by the council, whose 
21.26   determination of the benefits shall be conclusive upon the political subdivision levying the 
21.27   assessment. Notwithstanding the provisions of section  272.01, subdivision 2, or  273.19, 
21.28   real or personal property leased by the commission to another person for uses related to 
21.29   the purposes of sections  473.551 to  473.599 or 473.75 to 473.768, including the operation 
21.30   of the metrodome, met center, and, if acquired by the commission, the basketball and 
21.31   hockey arena shall be exempt from taxation regardless of the length of the lease. The 
21.32   provisions of this subdivision, insofar as they require exemption or special treatment, shall 
21.33   not apply to any real property comprising the met center, the ballpark, or the football 
21.34   stadium, which is leased by the commission for residential, business, or commercial 
22.1    development or other purposes different from those contemplated in sections  473.551 to  
22.2    473.599 or 473.75 to 473.768, as applicable. 
22.3    (b) For the football stadium, this exemption includes concessions, suites, locker 
22.4    rooms, and clubhouse facilities in the stadium and parking facilities on the stadium site, 
22.5    but does not include team offices. 

22.6        Sec. 12. Minnesota Statutes 2004, section 473.556, subdivision 5, is amended to read:
22.7        Subd. 5. Facility operation. (a) The commission may equip, improve, operate, 
22.8    manage, maintain, and control the Metrodome, Met Center, basketball and hockey arena 
22.9    and sports facilities constructed, remodeled, or acquired under the provisions of sections  
22.10   473.551 to  473.599 and, to the extent provided in the applicable use agreements, 473.75 to 
22.11   473.768. 
22.12   (b) The commission must seek to promote and maximize the use of the sports 
22.13   facilities for uses in addition to that by the team for which it was constructed.

22.14       Sec. 13. Minnesota Statutes 2004, section 473.556, subdivision 6, is amended to read:
22.15       Subd. 6. Disposition of property. (a) The commission may sell, lease, or otherwise 
22.16   dispose of any real or personal property acquired by it which is no longer required for 
22.17   accomplishment of its purposes. The property shall be sold in accordance with the 
22.18   procedures provided by section  469.065, insofar as practical and consistent with sections  
22.19   473.551 to  473.599 and 473.75 to 473.768, except as provided in paragraph (c). 
22.20   (b) The proceeds from the sale of any real property at the metropolitan sports area 
22.21   shall be paid to the council and used for debt service or retirement.
22.22   (c) The sale or disposition of property acquired in connection with the ballpark is 
22.23   not subject to the requirements of section 469.065, subdivisions 6 and 7. Title to the 
22.24   ballpark shall not otherwise be transferred or sold without approval by a law enacted 
22.25   by the legislature.

22.26       Sec. 14. Minnesota Statutes 2004, section 473.556, subdivision 12, is amended to read:
22.27       Subd. 12. Use agreements. The commission may lease, license, or enter into 
22.28   agreements and may fix, alter, charge, and collect rentals, fees, and charges to all persons 
22.29   for the use, occupation, and availability of part or all of any premises, property, or 
22.30   facilities under its ownership, operation, or control for purposes that will provide athletic, 
22.31   educational, cultural, commercial or other entertainment, instruction, or activity for the 
22.32   citizens of the metropolitan area. Any such use agreement may provide that the other 
22.33   contracting party shall have exclusive use of the premises at the times agreed upon. The 
23.1    agreement related to the ballpark may provide that the other contracting party has the 
23.2    right to retain all revenues from ticket sales, suite licenses, concessions, advertising, 
23.3    naming rights, and other revenues derived from the ballpark. The lease or use agreement 
23.4    with a team using the ballpark must provide for the payment by the team of operating 
23.5    and maintenance costs and expenses and provide other terms the commission and team 
23.6    agree to.

23.7        Sec. 15. Minnesota Statutes 2004, section 473.556, subdivision 17, is amended to read:
23.8        Subd. 17. Creating a condominium. The commission may, by itself or together 
23.9    with the Minneapolis Community Development Agency and any other person, as to real 
23.10   or personal property comprising or appurtenant or ancillary to the basketball and hockey 
23.11   arena and the health club, the ballpark, or the football stadium,  act as a declarant and 
23.12   establish a condominium or leasehold condominium under chapter 515A or a common 
23.13   interest community or leasehold common interest community under chapter 515B, and 
23.14   may grant, establish, create, or join in other or related easements, agreements and similar 
23.15   benefits and burdens that the commission may deem necessary or appropriate, and exercise 
23.16   any and all rights and privileges and assume obligations under them as a declarant, unit 
23.17   owner or otherwise, insofar as practical and consistent with sections  473.551 to  473.599. 
23.18   The commission may be a member of an association and the chair, any commissioners and 
23.19   any officers and employees of the commission may serve on the board of an association 
23.20   under chapter 515A or 515B. 

23.21       Sec. 16. Minnesota Statutes 2004, section 473.556, is amended by adding a subdivision 
23.22   to read:
23.23       Subd. 18. Web site. The commission shall establish a Web site to provide 
23.24   information to the public concerning all actions taken by the commission.  At a minimum, 
23.25   the Web site must contain a current version of the commission's bylaws, notices of 
23.26   upcoming meetings, minutes of the commission's meetings, and contact telephone and fax 
23.27   numbers for public comments.

23.28       Sec. 17. Minnesota Statutes 2004, section 473.561, is amended to read:
23.29   473.561 EXEMPTION FROM COUNCIL REVIEW.
23.30   The acquisition and betterment of sports facilities by the commission shall be 
23.31   conducted pursuant to sections  473.551 to  473.599 and 473.75 to 473.768 and shall not be 
23.32   affected by the provisions of sections  473.165 and  473.173. Minnesota Statutes, section 
24.1    116J.994, does not apply to any transactions of the commission or any other governmental 
24.2    entity related to the ballpark or its related public infrastructure. 

24.3        Sec. 18. [473.5996] PROCEEDS OF METRODOME SALE.
24.4    Upon sale of the Metrodome, the Metropolitan Sports Facilities Commission must 
24.5    transfer the net sales proceeds less costs of demolitions, if any, to the Metropolitan 
24.6    Council for use to fund transit improvements.

24.7        Sec. 19. ELECTION.
24.8    The secretary of state, in cooperation with the county auditors of the metropolitan 
24.9    area, shall conduct a special election in the metropolitan area at the time of the general 
24.10   election the Tuesday after the first Monday in November 2006. The following questions 
24.11   shall appear on the ballot:
24.12   "Shall an additional tax of one-half of one percent be imposed on sales and uses in 
24.13   the metropolitan area to pay for a ballpark, a football stadium, and public transit operations 
24.14   and improvements in the metropolitan area?"
24.15   If a majority of the electors voting on the question answer the question in the 
24.16   affirmative, the Metropolitan Council shall impose the tax described in Minnesota 
24.17   Statutes, section 473.131.

24.18       Sec. 20.  REPEALER.
24.19   Minnesota Statutes 2004, section 473.553, subdivision 14, is repealed.

24.20       Sec. 21. APPLICATION.
24.21   This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
24.22   Scott, and Washington.

24.23       Sec. 22. EFFECTIVE DATE.
24.24   This article is effective the day following final enactment.