SF 2460

4th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to athletic facilities; providing a funding process for a football stadium
at the University of Minnesota; transferring land in Dakota County from the
University to the Department of Natural Resources; establishing a mitigation
fund; requiring reports; allocating a taconite tax to support the Hockey Hall
of Fame; appropriating money; amending Minnesota Statutes 2004, sections
297A.71, by adding a subdivision; 298.28, by adding a subdivision; 340A.404,
subdivision 4a; proposing coding for new law in Minnesota Statutes, chapters
137; 473.

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

Section 1.

new text begin [137.50] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to sections
137.51 to 137.60.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of finance.
new text end

new text begin Subd. 3. new text end

new text begin Stadium. new text end

new text begin "Stadium" means an athletic stadium suitable for intercollegiate
National Collegiate Athletic Association (NCAA) Division I football games and related
infrastructure improvements constructed on the University of Minnesota's east bank
campus in the city of Minneapolis.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Regents of the University of
Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Commission. new text end

new text begin "Commission" means the Metropolitan Sports Facilities
Commission.
new text end

new text begin Subd. 6. new text end

new text begin University land. new text end

new text begin "University land" means approximately 2,840 acres
owned by the University of Minnesota as of the effective date of this section lying
within the area legally described as approximately the Southerly 3/4 of the Southwest
1/4 of Section 1 (comprising 120 acres), approximately the Southeast 1/4 of Section 2
(comprising 160 acres), the East 1/2 of Section 10, Section 11, the West 1/2 of Section
12, Section 13 and Section 14, all in Twp. 114 North, Range 19 West, Dakota County,
Minnesota.
new text end

new text begin Subd. 7. new text end

new text begin Permitted University uses. new text end

new text begin "Permitted University uses" means University
educational, research, outreach, scientific, and agricultural uses including, undiminished,
all of the uses present as of the effective date of this section of the University land, all
of the uses of University real property that adjoins the University land present as of
the effective date of this act, any uses related to the foregoing uses, and the making of
improvements incidental to those uses, provided that an improvement must be agreed to in
writing by the University and the commissioner of natural resources.
new text end

new text begin Subd. 8. new text end

new text begin Other permitted uses. new text end

new text begin "Other permitted uses" means agricultural, outdoor
recreation uses including those named in section 86A.03, subdivision 3, open space
management uses, outdoor recreation-based uses consistent with those of the parks
and open space system created pursuant to chapter 473, wildlife management areas,
aquatic management areas, scientific and natural areas, and the making of improvements
incidental to those uses, provided the improvements have been agreed to in writing by
the University and the commissioner of natural resources.
new text end

new text begin Subd. 9. new text end

new text begin Prohibited uses. new text end

new text begin "Prohibited uses" means use of the University land
for residential, commercial, or industrial uses, except to the extent those uses are
otherwise permitted by this act, or are permitted as of the effective date of this section
under University leases, easements, or use agreements, or are utility uses within defined
corridors.
new text end

Sec. 2.

new text begin [137.51] LAND PROTECTION AND TRANSFER.
new text end

new text begin Subdivision 1. new text end

new text begin Land protection. new text end

new text begin The obligation of the state of Minnesota to make
the payments required under section 137.54 is expressly conditioned upon the University's
covenant in perpetuity, subject to subdivision 3, limiting the use of the University land
by the University, its successors, and assigns to the permitted University uses and the
other permitted uses and forbidding the use of the University land by the University, its
successors, and assigns for any of the prohibited uses. A declaration imposing those
restrictions and granting to the Department of Natural Resources the right to enforce the
same which has been executed by the University and filed in the Office of the Dakota
County Recorder shall satisfy this condition. In furtherance of the purposes of this
subdivision, the University and Department of Natural Resources shall promptly endeavor
to enter into a joint powers agreement pursuant to section 471.59, or a conservation
easement held by a qualified conservation organization or by a conservation easement
holder as described in applicable Minnesota law embodying those restrictions, which
agreement or easement shall provide for cooperative oversight of the use of the University
land. Nothing in this section or in any declaration, agreement, or easement made or entered
into pursuant to this section shall impair the rights of third parties under leases, easements,
or use agreements in force as of the effective date of this section. Any lease or other
transfer of the University land made after the effective date of this section shall, unless
otherwise agreed to by the commissioner of natural resources, be for a term that expires
not later than the date the University land is conveyed as provided under subdivision
2. Any agreement between the board and the commissioner of natural resources must
provide that the income received by the University from leases of the University land to
third parties shall be dedicated to the operation and maintenance of the University land.
Except as limited by this act or by any declaration, agreement, or conservation easement
made, entered into, or granted as provided in this section, the rights of the University with
respect to the University land while it continues to own the land are not impaired.
new text end

new text begin Subd. 2. new text end

new text begin Land transfer. new text end

new text begin Not later than the date on which the state of Minnesota
makes the last of the payments required under section 137.54, the Regents of the
University of Minnesota shall offer to convey the University land to the Department of
Natural Resources in its "as is" condition by quit claim deed, without warranties, for
the sum of $1. The Department of Natural Resources may request conveyance of any
or all of the University land offered to be conveyed and the regents shall convey the
portion requested. The commissioner of natural resources may, at its option, request that
the University convey all or part of the University land to another governmental unit of
the state. Except as provided in this subdivision, the instrument of conveyance by the
University may not limit the rights of the state with respect to the land. Any conveyance
shall be subject to the perpetual right of the University to use the University land for the
permitted University uses. A conveyance shall also be subject to the rights of third parties
under leases, easements, and use agreements in force on the effective date of this act. The
instruments of transfer shall otherwise limit the use of the University land to the other
permitted uses and subject those uses to restrictions as may be provided in any agreement
between the University and state or any conservation easement granted pursuant to
subdivision 1, and proscribe its use for the prohibited purposes. The University of
Minnesota shall have the right to enforce those limitations and restrictions. The University
shall promptly endeavor and use due diligence to require the federal government to fulfill
its obligations under applicable laws, including the Defense Environmental Restoration
Program, United States Code, title 10, section 2701, et seq., or the Comprehensive
Environmental Response Compensation and Liability Act, as amended, United States
Code, title 42, section 9601, et seq., with respect to environmental contamination that
occurred prior to the time the University took title to the University land. The University
shall seal any abandoned wells on the land pursuant to state law.
new text end

new text begin Subd. 3. new text end

new text begin Termination of use restrictions. new text end

new text begin Unless otherwise agreed by the board
and the commissioner of finance, in the event the state of Minnesota fails to make the total
payments required by section 137.54 by July 1, 2033, the restrictions in this section on
the University's use of the University land, any declaration, agreement, or conservation
easement containing those restrictions, and the University's obligation to offer the
University land to the state of Minnesota shall be null and void.
new text end

Sec. 3.

new text begin [137.52] RECREATIONAL PROGRAM ASSESSMENT.
new text end

new text begin (a) The commissioner of natural resources, in cooperation with the Board of Regents
of the University, shall submit to the governor and the legislature by January 15, 2007,
an assessment of the short-term and long-term programmatic plans for the development
of the land identified in section 137.50, subdivision 6. The assessment shall include,
but is not limited to, a timeline for providing the recreational opportunities, and the
needed restoration including native species of local ecotype, measurable outcomes, and
anticipated costs. The assessment must also include an evaluation of the opportunities
to foster small-scale farm-to-market vegetable farming. The commissioner of natural
resources shall consult with interested stakeholders, including the county of Dakota,
to assist in the development of the plan.
new text end

new text begin (b) The board shall, until the issue is resolved, report annually to the legislature on
or before February 1, on its efforts and the efforts of the Department of Defense to remedy
contamination of the University land caused by activities occurring prior to the University
of Minnesota acquiring the land.
new text end

new text begin (c) The commissioner of natural resources, in consultation with the Pollution Control
Agency, shall report to the legislature by January 7, 2007, on what entities are responsible
for remediating pollution on the University land that occurred prior to the effective date
of this section.
new text end

new text begin (d) The commissioner of natural resources, in cooperation with the board, shall
submit to the governor and the legislature by January 7, 2007, a report regarding the
implementation of section 137.51 and any recommendations for changes in section 137.51
necessary to carry out the intent of that section. The report must, among other things,
specifically address the issue of whether a process or mechanism is necessary to resolve
disputes between the University of Minnesota, the state, and other parties regarding uses
of the University land.
new text end

new text begin (e) The commissioner of natural resources must communicate with interested
parties, including the local government units that contain any part of the University land,
regarding the intended activities of the department with respect to the University land.
new text end

Sec. 4.

new text begin [137.53] ACTIVITIES; CONTRACTS.
new text end

new text begin The legislature recognizes that the board has all powers necessary or convenient for
designing, constructing, equipping, improving, controlling, operating, and maintaining the
stadium and may enter into contracts that are, in its judgment, in the best interests of the
public for those purposes. Notwithstanding contrary law, the board may adopt the fair
and competitive design and construction procurement procedures in connection with
the stadium that it considers to be in the public interest. The board must ensure to the
greatest extent practicable, that materials derived from American-made steel are used in
the construction of the stadium. Sections 16B.33 and 16B.335 do not apply to the stadium.
new text end

Sec. 5.

new text begin [137.54] CONDITIONS FOR PAYMENT TO UNIVERSITY.
new text end

new text begin (a) Before the commissioner may make the first payment to the board authorized
in this section the commissioner must certify that the board has received at least
$110,750,000 in pledges, gifts, sponsorships, and other nonstate general fund revenue
support for the construction of the stadium. On July 1 of each year after certification
by the commissioner, but no earlier than July 1, 2007, and for so long thereafter as any
bonds issued by the board for the construction of the stadium are outstanding, the state
must transfer to the board up to $10,250,000 to reimburse the board for its stadium
costs, provided that bonds issued to pay the state's share of such costs shall not exceed
$137,250,000. Up to $10,250,000 is appropriated annually from the general fund for the
purpose of this section. The appropriation of up to $10,250,000 per year may be made
for no more than 25 years. The board must certify to the commissioner the amount of
the annual payments of principal and interest required to service each series of bonds
issued by the University for the construction of the stadium, and the actual amount of the
state's annual payment to the University shall equal the amount required to service the
bonds representing the state's share of such costs. Except to the extent of the annual
appropriation described in this section, the state is not required to pay any part of the cost
of designing or constructing the stadium.
new text end

new text begin (b) The board must certify to the commissioner that the per semester student fee
contribution to the stadium will be at a fixed level coterminous with bonds issued by the
board to meet the student share of the design construction of the stadium and that the
student fee will not be increased to meet construction cost overruns.
new text end

new text begin (c) Before the first payment is made under paragraph (a), the board must certify to
the commissioner that a provision for affordable access for university students to the
university sporting events held at the football stadium has been made.
new text end

Sec. 6.

new text begin [137.55] PUBLIC USE OF STADIUM.
new text end

new text begin The Board of Regents is requested, in furtherance of its outreach mission and subject
to its policies regarding the use of University facilities, to provide ample opportunities for
use of the stadium for events sponsored by public bodies including public schools.
new text end

Sec. 7.

new text begin [137.56] ENVIRONMENTAL REVIEW.
new text end

new text begin The commissioner must not make an annual payment required by this act until the
board has completed an environmental review of the stadium project and the commissioner
determines that the board is performing the duties of the responsible governmental unit
as prescribed in the Minnesota Environmental Policy Act, chapter 116D, and the rules
adopted under that chapter. The legislature ratifies the Environmental Quality Board's
designation of the board as a responsible governmental unit.
new text end

Sec. 8.

new text begin [137.57] NO FULL FAITH AND CREDIT.
new text end

new text begin Any bonds or other obligations issued by the board under this act are not public debt
of the state, and the full faith and credit and taxing powers of the state are not pledged for
their payment, or of any payments that the state agrees to make under this act.
new text end

Sec. 9.

new text begin [137.58] MITIGATION FUND.
new text end

new text begin The Board of Regents is requested to cooperate with the reconstituted stadium
area advisory group described in the University of Minnesota On-Campus Football
Stadium-Final EIS, dated February 13, 2006, to mitigate the impact of the construction
and operation of the stadium. The board shall also establish a mitigation fund for the
support of community initiatives that relate to the impacts of the operation of the stadium.
On July 1, 2007, the University shall deposit $1,500,000 into a fund to be managed by the
board. Income from the fund shall be made available exclusively to pay for mitigation
activities. The use of the funds must be coordinated through the reconstituted stadium
area advisory group.
new text end

Sec. 10.

new text begin [137.59] NEIGHBORHOOD IMPACT REPORT.
new text end

new text begin The Board of Regents and the city of Minneapolis are requested to work with the
reconstituted stadium area advisory group described in the University of Minnesota
On-Campus Football Stadium-Final EIS, dated February 13, 2006, to assess and prepare a
report of the impact of the university on the surrounding community and the relationship
of the community to the university. The report shall include, but not be limited to, an
assessment of:
new text end

new text begin (1) the direct and indirect impacts of the university on the surrounding community,
addressing issues of public safety, transportation, and housing quality, availability, and
affordability;
new text end

new text begin (2) opportunities and strategies to improve coordination between the university,
surrounding residential and business areas, and the city of Minneapolis;
new text end

new text begin (3) strategies for strengthening and revitalizing the neighborhoods and commercial
business areas and supporting economic development; and
new text end

new text begin (4) identification of the best practices and strategies for building partnerships among
the stakeholders.
new text end

new text begin The report shall include consensus recommendations from the University of
Minnesota, the city of Minneapolis, and the reconstituted stadium area advisory group for
short- and long-term solutions to ongoing issues and concerns and shall include projected
costs and benefits of the recommendations made. The report shall be submitted to the
governor and the legislature by January 15, 2007.
new text end

Sec. 11.

new text begin [137.60] EMINENT DOMAIN.
new text end

new text begin The board may not acquire the fire station number 19 building for the construction
of the stadium and related infrastructure, either directly or indirectly, through the exercise
of the power of eminent domain.
new text end

Sec. 12.

Minnesota Statutes 2004, section 297A.71, is amended by adding a
subdivision to read:

new text begin Subd. 37. new text end

new text begin Construction materials; University of Minnesota football stadium.
new text end

new text begin Materials and supplies used or consumed in, and equipment incorporated into, the
construction of a football stadium constructed for use by the University of Minnesota are
exempt. This subdivision expires one year after substantial completion of the football
stadium.
new text end

Sec. 13.

Minnesota Statutes 2004, section 298.28, is amended by adding a subdivision
to read:

new text begin Subd. 9c. new text end

new text begin Temporary distribution; city of Eveleth. new text end

new text begin 0.20 cent per taxable ton must
be paid to the city of Eveleth for distribution in 2007 through 2011 only, to be used for
the support of the Hockey Hall of Fame, provided that it continues to operate in that
city, and provided that the city of Eveleth certifies to the St. Louis County auditor that
it has received donations for the support of the Hockey Hall of Fame from professional
hockey organizations or other donors in an amount at least equal to the amount of the
distribution under this subdivision. If the Hockey Hall of Fame ceases to operate in the
city of Eveleth prior to receipt of the distribution in either year, and the governing body of
the city determines that it is unlikely to resume operation there within a six-month period,
the distribution under this subdivision shall be made to the Iron Range Resources and
Rehabilitation Board. If the amount of the distribution authorized under this subdivision
exceeds the total amount of donations for the support of the Hockey Hall of Fame during
the 12-month period ending 30 days before the date of the distribution, the amount by
which 0.20 cent per ton exceeds the donations shall be distributed to the Iron Range
Resources and Rehabilitation Board.
new text end

Sec. 14.

Minnesota Statutes 2004, section 340A.404, subdivision 4a, is amended to
read:

Subd. 4a.

State-owned recreation; entertainment facilities.

Notwithstanding any
other law, local ordinance, or charter provision, the commissioner may issue on-sale
intoxicating liquor licenses:

(1) to the state agency administratively responsible for, or to an entity holding a
concession or facility management contract with such agency for beverage sales at, the
premises of any Giants Ridge Recreation Area building or recreational improvement area
owned by the state in the town of White, St. Louis County;

(2) to the state agency administratively responsible for, or to an entity holding a
concession or facility management contract with such agency for beverage sales at, the
premises of any Ironworld Discovery Center building or facility owned by the state at
Chisholm; and

(3) to the Board of Regents of the University of Minnesota for events at Northrop
Auditorium new text begin and in any intercollegiate football stadium constructed by the University on
its Minneapolis campus new text end .

The commissioner shall charge a fee for licenses issued under this subdivision in an
amount comparable to the fee for comparable licenses issued in surrounding cities.

Sec. 15.

new text begin [473.5955] TERMINATION OF LEASE.
new text end

new text begin The lease between the Board of Regents of the University of Minnesota and the
commission dated May 19, 1982, that requires the University of Minnesota football team
to play its home football games at the Hubert H. Humphrey Metrodome until July 1,
2012, may be terminated by the board and the commission effective on or after the date
designated by the board as the date of completion of the stadium on the University of
Minnesota's east bank campus in the city of Minneapolis.
new text end

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 15 are effective the day following final enactment.
new text end