Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 314-S.F.No. 1081 
           An act relating to the metropolitan council; redrawing 
          the boundaries of council districts; amending 
          Minnesota Statutes 1992, sections 473.123, subdivision 
          3a, and by adding a subdivision; 473.141, subdivisions 
          2 and 4a; 473.373, subdivision 4a; and 473.604, 
          subdivision 1; repealing Minnesota Statutes 1992, 
          section 473.123, subdivision 3b. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 473.123, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [APPORTIONMENT REDISTRICTING.] The legislature 
shall redraw the boundaries of the council districts after each 
decennial federal census so that each district has substantially 
equal population.  Redistricting is effective on the first 
Monday in January in the year ending in the numeral "3."  By the 
first Monday in March of that year Within 60 days after a 
redistricting plan takes effect, the governor shall appoint 
members from the newly drawn districts to serve terms as 
provided under subdivision 2a. 
    Sec. 2.  Minnesota Statutes 1992, section 473.123, is 
amended by adding a subdivision to read: 
    Subd. 3c.  [DISTRICT BOUNDARIES.] The council district 
boundaries are as follows: 
    (1) The first council district consists of that portion of 
Hennepin county consisting of the cities of Champlin, Corcoran, 
Dayton, Greenfield, Independence, Loretto, Maple Grove, Maple 
Plain, Medicine Lake, Medina, Minnetrista, Mound, Osseo, 
Plymouth, Rockford, Rogers, and St. Bonifacius, and the town of 
Hassan. 
    (2) The second council district consists of that portion of 
Hennepin county, consisting of the cities of Brooklyn Center, 
Brooklyn Park, Crystal, New Hope, and Robbinsdale. 
    (3) The third council district consists of that portion of 
Hennepin county consisting of the cities of Deephaven, Edina, 
Excelsior, Greenwood, Hopkins, Long Lake, Minnetonka, Minnetonka 
Beach, Orono, Shorewood, Spring Park, Tonka Bay, Wayzata, and 
Woodland. 
    (4) The fourth council district consists of Carver county, 
that portion of Dakota county consisting of the city of 
Lakeville, that portion of Hennepin county consisting of the 
cities of Chanhassan and Eden Prairie, and that portion of Scott 
county in the metropolitan area not included in the fifth 
council district. 
     (5) The fifth council district consists of that portion of 
Hennepin county consisting of the cities of Bloomington and 
Richfield and the unorganized territory of Fort Snelling, and 
that portion of Scott county consisting of the cities of Savage 
and Shakopee. 
     (6) The sixth council district consists of that portion of 
Hennepin county consisting of the cities of Golden Valley and St.
Louis Park and that portion of the city of Minneapolis lying 
west and south of a line described as follows:  commencing at 
the intersection of the southern boundary of the city of 
Minneapolis and Interstate Highway 35W, northerly along 
Interstate Highway 35W to Minnehaha Parkway, northeasterly along 
Minnehaha Parkway to 50th Street E., westerly along 50th Street 
E. to Stevens Avenue S., northerly along Stevens Avenue S. to 
46th Street E., westerly along 46th Street E. to Nicollet Avenue 
S., northerly along Nicollet Avenue S. to 36th Street W., 
westerly along 36th Street W. to Blaisdell Avenue S., northerly 
along Blaisdell Avenue S. to 34th Street W., westerly along 34th 
Street W. to Grand Avenue S., northerly along Grand Avenue S. to 
32nd Street W., westerly along 32nd Street W. to Harriet Avenue 
S., northerly along Harriet Avenue S. to 31st Street W., 
westerly along 31st Street W. to Garfield Avenue S., northerly 
along Garfield Avenue S. to Lake Street W., westerly along Lake 
Street W. to Lyndale Avenue S., northerly along Lyndale Avenue 
S. to the Burlington Northern Railroad tracks, westerly along 
the northern branch of the Burlington Northern Railroad tracks 
to Glenwood Avenue N., westerly along Glenwood Avenue N. to the 
western boundary of the city of Minneapolis. 
    (7) The seventh council district consists of that portion 
of the city of Minneapolis lying within a line described as 
follows:  commencing at the intersection of the northern 
boundary of the city of Minneapolis and the Mississippi River, 
southerly along the east bank of the Mississippi River to State 
Highway 122 southwesterly along State Highway 122 to Cedar 
Avenue S., southerly along Cedar Avenue S. to Minnehaha Avenue, 
southeasterly along Minnehaha Avenue to Cedar Avenue S., 
southerly along Cedar Avenue S. to Hiawatha Avenue, southerly 
along Hiawatha Avenue to 28th Street E., westerly along 28th 
Street E. to 21st Avenue S., southerly along 21st Avenue S. to 
32nd Street E., westerly along 32nd Street E. to 19th Avenue S., 
southerly along 19th Avenue S. to 34th Street E., westerly along 
34th Street E. to Bloomington Avenue S., southerly along 
Bloomington Avenue S. to 36th Street E., westerly along 36th 
Street E. to 10th Avenue S., southerly along 10th Avenue S. to 
38th Street E., westerly along 38th Street E. to Elliot Avenue 
S., southerly along Elliot Avenue S. to 44th Street E., westerly 
along 44th Street E. to Chicago Avenue S., southerly along 
Chicago Avenue S. to 50th Street E., westerly along 50th Street 
E. to Park Avenue S., southerly along Park Avenue S. to 
Minnehaha Parkway, westerly along Minnehaha Parkway to the 
eastern boundary of the sixth council district, northerly and 
westerly along the boundary of the sixth council district to the 
western boundary of the city of Minneapolis, northerly and then 
easterly along the boundaries of the city of Minneapolis to the 
point of origin. 
    (8) The eighth council district consists of that portion of 
the city of Minneapolis not included in the sixth or seventh 
council district. 
    (9) The ninth council district consists of that portion of 
Anoka county not included in the tenth council district and that 
portion of Ramsey county consisting of the cities of Blaine and 
Spring Lake Park. 
    (10) The tenth council district consists of that portion of 
Anoka county consisting of the cities of Columbia Heights, Coon 
Rapids, Fridley, and Hilltop, that portion of Hennepin county 
consisting of the city of St. Anthony, and that portion of 
Ramsey county consisting of the cities of Mounds View, New 
Brighton, and St. Anthony. 
    (11) The eleventh council district consists of that portion 
of Ramsey county consisting of the cities of Arden Hills, Gem 
Lake, Little Canada, North Oaks, Roseville, Shoreview, Vadnais 
Heights, and White Bear Lake and the town of White Bear, and 
that portion of the city of Maplewood not included in the 
twelfth council district, and that portion of Washington county 
consisting of the city of White Bear Lake. 
    (12) The twelfth council district consists of that portion 
of Ramsey county consisting of the city of North St. Paul and 
that portion of the city of Maplewood lying east and south of a 
line described as follows:  commencing at the intersection of 
the southern boundary of the city of Maplewood and White Bear 
Avenue, northerly along White Bear Avenue to North St. Paul 
Road, northeasterly along North St. Paul Road to the eastern 
boundary of the city of Maplewood, and that portion of 
Washington county not included in the eleventh or sixteenth 
council district. 
    (13) The thirteenth council district consists of that 
portion of Ramsey county consisting of that portion of the city 
of St. Paul lying south of a line described as follows: 
commencing at the intersection of the eastern boundary of the 
city of St. Paul and Old Hudson Road, westerly along Old Hudson 
Road to White Bear Avenue, northerly along White Bear Avenue to 
East 3rd Street, westerly along East 3rd Street to Johnson 
Parkway, northerly along Johnson Parkway to East 4th Street, 
westerly along East 4th Street to Mounds Boulevard, 
southeasterly along Mounds Boulevard to East 3rd Street, 
southeasterly along East 3rd Street to the Burlington Northern 
Railroad tracks, northerly along the Burlington Northern 
Railroad tracks to the east-west Burlington Northern Railroad 
tracks, westerly along the east-west Burlington Northern 
Railroad tracks to Interstate Highway 35E, southerly along 
Interstate Highway 35E to University Avenue, westerly along 
University Avenue to Cleveland Avenue, southerly along Cleveland 
Avenue to Interstate Highway 94, westerly along Interstate 
Highway 94 to the western boundary of the city of St. Paul. 
    (14) The fourteenth council district consists of that 
portion of Ramsey county consisting of the cities of Falcon 
Heights and Lauderdale, and that portion of the city of St. Paul 
not included in the thirteenth council district. 
    (15) The fifteenth council district consists of that 
portion of Dakota county consisting of the cities of Apple 
Valley, Burnsville, Eagan, Lilydale, Mendota, and Mendota 
Heights. 
    (16) The sixteenth council district consists of that 
portion of Dakota county in the metropolitan area not included 
in the fourth or fifteenth council district, and that portion of 
Washington county consisting of the cities of Cottage Grove, 
Hastings, and St. Paul Park, and the towns of Denmark and Grey 
Cloud Island. 
    Sec. 3.  Minnesota Statutes 1992, section 473.141, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP; APPOINTMENTS.] (a) Each agency 
consists of eight members, plus a chair appointed as provided in 
subdivision 3.  The metropolitan council shall appoint the eight 
members on a nonpartisan basis after consultation with the 
members of the legislature from the district for which the 
member is to be appointed.  The consultation with legislators in 
the affected district must include informing each legislator of 
the name, address, and background of each candidate for 
appointment and soliciting and reporting to the appointments 
committee the recommendation of each legislator on the 
appointment.  
    (b) In addition to the notice required in 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 council 
shall notify in writing the governing bodies of the statutory 
and home rule charter cities, counties, and towns having 
territory in the district for which the member is to be 
appointed.  The notices must describe the appointment process 
and invite participation and recommendations on the appointment. 
     (c) The council shall establish an appointments committee, 
composed of members of the council, to screen and review 
candidates.  Following the submission of member applications to 
the metropolitan council as provided under section 15.0597, 
subdivision 5, the appointments committee shall conduct public 
meetings, following appropriate notice, to accept statements 
from or on behalf of persons who have applied or been nominated 
for appointment and to allow consultation with and secure the 
advice of the public and local elected officials.  The committee 
shall hold the meeting on each appointment in the district or in 
a reasonably convenient and accessible location in the part of 
the metropolitan area in which the district is located.  The 
committee may consolidate meetings.  Following the meetings, the 
committee shall submit to the council a written report that 
lists the persons who have applied or been nominated or 
recommended for the position, along with a description of the 
background and qualifications of each.  In making its 
recommendation, the committee specifically shall consider 
evidence of the candidate's commitment to regularly communicate 
on issues before the agency with metropolitan council members, 
legislators and local elected officials in the district, and the 
committee shall report its findings on this subject in its 
written report to the council. 
    (d) One member shall be appointed from each of the 
following agency districts: 
    (1) district A, consisting of council districts 1 and 2; 
    (2) district B, consisting of council districts 3 and 7 4; 
    (3) district C, consisting of council districts 4 5 and 5 
6; 
    (4) district D, consisting of council districts 6 7 and 10 
8; 
    (5) district E, consisting of council districts 8 9 and 9 
10; 
     (6) district F, consisting of council districts 11 and 12; 
     (7) district G, consisting of council districts 13 and 14; 
and 
     (8) district H, consisting of council districts 15 and 16. 
    Sec. 4.  Minnesota Statutes 1992, section 473.141, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [TERMS.] Following each apportionment of 
metropolitan council districts Within 120 days after a 
redistricting plan takes effect, as provided under section 
473.123, subdivision 3a, the metropolitan council, newly 
appointed as provided in section 473.123, subdivision 3a, shall 
appoint eight agency board members from newly drawn districts.  
The terms of members and chairs are as follows:  members 
representing districts A, B, C, and D E, and G, and the chair, 
for terms ending the first Monday in January of the year ending 
in the numeral "7"; members representing districts E A, D, F, G, 
and H, for terms ending the first Monday in January of the year 
ending in the numeral "5."  Thereafter the term of each member 
and the chair is four years, with terms ending the first Monday 
in January, except that all terms expire on the effective date 
of the next apportionment redistricting.  A chair shall continue 
to serve until a successor is appointed and qualified.  A member 
shall continue to serve the member's district until a successor 
is appointed and qualified; except that, following 
each apportionment redistricting, the member shall continue to 
serve at large until the metropolitan council appointed pursuant 
to section 473.123, subdivision 3a appoints eight members as 
provided under subdivision 2, to serve terms as provided under 
this subdivision.  The appointments to the agency must be made 
by the first Monday in May of the year in which the term ends. 
    Sec. 5.  Minnesota Statutes 1992, section 473.373, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [MEMBERSHIP.] (a) The board consists of 11 
members with governmental or management experience.  
Appointments are subject to the advice and consent of the 
senate.  Terms of members are four years commencing on the first 
Monday in January of the first year of the term, except as 
otherwise provided in section 473.141, subdivision 4a, following 
redistricting.  
    (b) The council shall appoint eight members, one from each 
of the following agency districts: 
    (1) district A, consisting of council districts 1 and 2; 
    (2) district B, consisting of council districts 3 and 7; 
    (3) district C, consisting of council districts 4 and 5; 
    (4) district D, consisting of council districts 6 and 11; 
    (5) district E, consisting of council districts 8 and 10; 
    (6) district F, consisting of council districts 9 and 13; 
    (7) district G, consisting of council districts 12 and 14; 
and 
    (8) district H, consisting of council districts 15 and 
16 provided for in section 473.141, subdivision 2. 
    Six must be elected officials of statutory or home rule 
charter cities, towns, or counties.  
    (c) The governor shall appoint, in addition to the chair, 
two persons, one who is age 65 or older at the time of 
appointment, and one with a disability.  These appointments must 
be made following the procedures of section 15.0597.  In 
addition, at least 30 days before the expiration of a term or 
upon the occurrence of a vacancy in the office held by a senior 
citizen or a person with a disability, the governor shall 
request nominations from organizations of senior citizens and 
persons with disabilities.  Each organization shall nominate at 
least two persons.  The governor shall consider the nominations 
submitted. 
     (d) No more than three of the members appointed under 
paragraphs (b) and (c) may be residents of the same statutory or 
home rule city or town, and none may be a member of the joint 
light rail transit advisory committee established under section 
473.3991. 
    Sec. 6.  Minnesota Statutes 1992, section 473.604, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMPOSITION.] The commission consists of: 
    (1) the mayor of each of the cities, or a qualified voter 
appointed by the mayor, for the term of office as mayor; 
    (2) a number of eight members, one appointed from precincts 
equal or nearest to but not exceeding half the number of 
districts which are provided by law for the selection of members 
of the metropolitan council in section 473.123 each of the 
agency districts provided for in section 473.141, subdivision 2, 
for terms as provided in section 473.141, subdivision 4a.  Each 
member shall be a resident of the precinct district 
represented.  The members shall be appointed by the governor as 
follows:  a number as near as possible to one-fourth, for a term 
of one year; a similar number for a term of two years; a similar 
number for a term of three years; and a similar number for a 
term of four years, all of which terms shall commence on July 1, 
1981.  The successors of each member shall be appointed for 
four-year terms commencing in July of each fourth year after the 
expiration of the original term.  Before making an appointment, 
the governor shall consult with each member of the legislature 
from the precinct district for which the member is to be 
appointed, to solicit the legislator's recommendation on the 
appointment; 
    (3) four members appointed from outside of the metropolitan 
area to reflect fairly the various regions and interests 
throughout the state that are affected by the operation of the 
commission's major airport and airport system.  Two of these 
members must be residents of statutory or home rule charter 
cities, towns, or counties containing an airport designated by 
the commissioner of transportation as a key airport.  The other 
two must be residents of statutory or home rule charter cities, 
towns, or counties containing an airport designated by the 
commissioner of transportation as an intermediate airport.  The 
members must be appointed by the governor as follows:  one for a 
term of one year, one for a term of two years, one for a term of 
three years, and one for a term of four years.  All of the terms 
start on July 1, 1989.  The successors of each member must be 
appointed to four-year terms commencing on July 1 the first 
Monday in January of each fourth year after the expiration of 
the original term.  Before making an appointment, the governor 
shall consult each member of the legislature representing the 
municipality or county from which the member is to be appointed, 
to solicit the legislator's recommendation on the appointment; 
and 
    (4) a chair appointed by the governor for a term of four 
years.  The chair may be removed at the pleasure of the governor.
    Sec. 7.  [REPEALER.] 
    Minnesota Statutes 1992, section 473.123, subdivision 3b, 
is repealed. 
    Sec. 8.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment in 
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
and Washington. 
    Presented to the governor May 17, 1993 
    Signed by the governor May 20, 1993, 2:14 p.m.