2006 Minnesota Statutes

161.1231 PARKING FACILITIES FOR I-394.
    Subdivision 1. Authority to construct. Notwithstanding any other law, the commissioner
may acquire land by purchase, gift, or eminent domain for parking facilities described in this
section and may construct, operate, repair, and maintain parking facilities primarily to serve
vehicles traveling the route in the interstate highway system described generally as Legislative
Routes Nos. 10 and 107 between I-494 and the Hawthorne interchange in the city of Minneapolis,
also known as I-394. Other vehicles may use the parking facilities when space is available.
    Subd. 2. Rules and procedures. The commissioner shall adopt rules and establish
procedures for the operation and use of the parking facilities. The rules are exempt from the
requirements of chapter 14. A copy of the rules that regulate use of the facilities by drivers must
be posted in each parking facility. The rules must:
(1) establish incentives, which must include preferential parking locations, to encourage
drivers of vehicles that travel I-394 and that are occupied by two or more persons to use the
facilities;
(2) define peak travel hours and provide that during peak travel hours single-occupant
vehicles be charged a surcharge to bring the parking fee for those vehicles to approximately the
same level as parking fees charged in the private parking ramps located in Minneapolis;
(3) provide preferential parking locations for vehicles licensed and operated under section
168.021;
(4) establish application, permit, and use requirements; and
(5) provide for removal and impoundment of vehicles and assessment of a service fee on
vehicles parked in violation of this section and the rules adopted under it.
    Subd. 3. Federal aid. The commissioner may cooperate with the federal government or
any agency of the federal government and may comply with the law of the United States and
regulations adopted under those laws so that federal money available for construction of parking
ramps described in the Surface Transportation Assistance Act of 1982, section 127, may be
obtained.
    Subd. 4. Agreements; leases. (a) The commissioner may make agreements with or may
lease the parking facilities to the city of Minneapolis or to a private party. The agreement or lease
may allow the city of Minneapolis or private party to operate the facilities according to the
commissioner's rules and procedures and to collect the fees established by the commissioner. The
commissioner shall require a private operator to obtain liability insurance in an amount prescribed
by the commissioner to insure the operator and the state against all claims occurring because of
the existence of the agreement or lease. The agreement may provide for reasonable compensation.
(b) The commissioner may negotiate the agreement or lease without requiring competitive
bids. The terms of an agreement or lease must be approved by the federal agency that grants
money for the construction of the facilities.
    Subd. 5. Fees. The commissioner shall establish and collect fees for use of the parking
facilities. The fees must be established and adjusted in compliance with United States Code, title
23, section 137, and are not subject to chapter 14, including section 14.386, or 16A.1285.
    Subd. 6. Enforcement. This section must be enforced in the same manner as parking
ordinances or laws are enforced in Minneapolis. The commissioner may revoke the permit or
refuse to issue a permit to a person who repeatedly violates subdivision 7 or the rules of the
commissioner.
    Subd. 7. Prohibition. A person may not park a motor vehicle in a parking facility described
in subdivision 1 except in compliance with subdivision 5 and the rules of the commissioner
adopted under subdivision 2. Violation of this subdivision is a misdemeanor.
    Subd. 8. Special account. Fees collected by the commissioner under this section must
be deposited in the state treasury and credited to a special account. Money in the account is
appropriated to the commissioner to operate, repair, and maintain the parking facilities and the
high-occupancy vehicle lanes on I-394.
    Subd. 9. Loan by Minneapolis. Notwithstanding the provisions of any statute or home rule
charter to the contrary, the city of Minneapolis may incur indebtedness and may issue and sell
bonds and other obligations pledging the full faith and credit of the city to its payment for the
purpose of loaning and may loan money to the commissioner for deposit in the state treasury to the
credit of the trunk highway fund in an amount sufficient for the construction of parking facilities
described in subdivision 1 without submitting the question of the issuance of the bonds to the
electors. Except as provided in this subdivision, the bonds shall be issued and sold according to
the provisions of chapter 475. When funds are received by the state from federal aid allotted to the
construction of the parking facilities described in subdivision 1, the commissioner must pay those
funds to the city from the trunk highway fund together with any interest or inflation adjustment
thereon which is included in the federal aid.
    Subd. 10. Local approval. Subdivisions 1 to 8 are effective June 6, 1985. Subdivision 9 is
effective the day after compliance with section 645.021, subdivision 3, by the governing body
of the city of Minneapolis.
History: 1985 c 299 s 41; 1995 c 265 art 1 s 1; 1996 c 305 art 3 s 23; 1997 c 187 art 5 s 22