Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1986, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1986
CHAPTER 460-H.F.No. 1860
An act relating to metropolitan government; defining
metropolitan agency; providing for appointments,
administration, reports, and duties of metropolitan
agencies; recodifying certain provisions; amending
Minnesota Statutes 1984, sections 473.121,
subdivisions 6 and 11, and by adding a subdivision;
473.123, subdivisions 2a, 3, and 3a; 473.141,
subdivisions 1, 2, 3, 4, and 4a; 473.146, subdivisions
1, 2, and 3; 473.149, subdivision 3; 473.161; 473.163,
subdivisions 1 and 2; 473.171, subdivisions 1 and 2;
473.173, subdivisions 3 and 4; 473.194; 473.195,
subdivision 4; 473.199; 473.201, subdivision 2;
473.245; 473.249, subdivision 1; 473.303, subdivisions
2, 4a, and 6; 473.373, subdivision 1; 473.377,
subdivision 1; 473.409; 473.516, subdivision 2;
473.523, subdivisions 1 and 2; 473.535; 473.553,
subdivision 4; 473.704, by adding a subdivision;
473.711, subdivision 4; 473.811, subdivision 7;
473.823, subdivision 3; 473.852, subdivision 8;
Minnesota Statutes 1985 Supplement, sections 473.167,
subdivision 3; 473.373, subdivision 4; 473.38,
subdivision 2; and 473.39, subdivisions 1 and 1a;
proposing coding for new law in Minnesota Statutes,
chapter 473; repealing Minnesota Statutes 1984,
sections 473.01 to 473.11; 473.121, subdivisions 7 and
9; 473.128; 473.163, subdivisions 3 and 4; 473.193;
473.203; 473.215 to 473.219; 473.373, subdivision 3;
473.377, subdivisions 2 and 3; 473.38, subdivision 1;
473.502; 473.523, subdivision 3; and 473.802.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 473.121, is
amended by adding a subdivision to read:
Subd. 5a. "Metropolitan agency" means the metropolitan
parks and open space commission, regional transit board,
metropolitan transit commission, metropolitan waste control
commission, metropolitan airports commission, and metropolitan
sports facilities commission.
Sec. 2. Minnesota Statutes 1984, section 473.121,
subdivision 6, is amended to read:
Subd. 6. "Local governmental unit" means any county, city,
town, school district, special district or other political
subdivisions or public corporation, other than the council or a
metropolitan commission agency, lying in whole or part within
the metropolitan area.
Sec. 3. Minnesota Statutes 1984, section 473.121,
subdivision 11, is amended to read:
Subd. 11. "Independent commission, board or agency" means
governmental entities with jurisdictions lying in whole or in
part within the metropolitan area but not including the
metropolitan commissions referred to herein agencies that are
subject to the requirements of section 473.161.
Sec. 4. Minnesota Statutes 1984, section 473.123,
subdivision 2a, is amended to read:
Subd. 2a. [TERMS.] Following each apportionment of council
districts, as provided under subdivision 3a, the terms of
council members shall commence on the effective date of that
apportionment, must be appointed from newly drawn districts as
provided in subdivision 3a. The terms of members are as
follows: members representing even-numbered districts for terms
ending the first Monday in January of the year ending in the
numeral "7"; members representing odd-numbered districts for
terms ending the first Monday in January of the year ending in
the numeral "5." Thereafter the term of each member is four
years, with terms ending the first Monday in January, except
that all terms expire on the effective date of the next
apportionment. A member shall continue to serve his district
until a successor is appointed and qualified; except that,
following each apportionment, the member shall continue to serve
at large until the governor appoints 16 council members, one
from each of the newly drawn council districts as provided under
subdivision 3a, to serve terms as provided under this
section. The appointment to the council must be made by the
first Monday in March of the year in which the term ends.
Sec. 5. Minnesota Statutes 1984, section 473.123,
subdivision 3, is amended to read:
Subd. 3. [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.]
(a) The council shall be composed of 16 Sixteen members must be
appointed by the governor from districts defined by this
section. The governor shall appoint members on a nonpartisan
basis after consultation with all members of the legislature
from the council district for which the member is to be
appointed. Appointments are subject to the advice and consent
of the senate. Each council member shall must reside in the
council district which he represents. Each council
district shall must be represented by one member of the council.
(b) In addition to the notice required by section 15.0597,
subdivision 4, notice of vacancies and expiration of terms shall
must be published in newspapers of general circulation in the
metropolitan area and the appropriate districts. The governing
bodies of the statutory and home rule charter cities, counties,
and towns having territory in the district for which a member is
to be appointed must be notified in writing. The notices must
describe the appointments process and invite participation and
recommendations on the appointment.
(c) The governor shall create a nominating committee,
composed of seven metropolitan citizens appointed by the
governor, to nominate persons for appointment to the council
from districts. Three of the committee members must be local
elected officials. Following the submission of applications as
provided under section 15.0597, subdivision 5, the nominating
committee shall conduct public meetings, after 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 governor a list of nominees for each appointment. The
governor is not required to appoint from the list.
(d) Before making an appointment, the governor shall
consult with all members of the legislature from the council
district for which the member is to be appointed.
(e) Appointments to the council are subject to the advice
and consent of the senate as provided in section 15.066.
(f) Members of the council must be appointed to reflect
fairly the various demographic, political, and other interests
in the metropolitan area and the districts.
(g) Members of the council must be persons knowledgeable
about urban and metropolitan affairs.
Sec. 6. Minnesota Statutes 1984, section 473.123,
subdivision 3a, is amended to read:
Subd. 3a. [APPORTIONMENT.] 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." Within two
months thereafter By the first Monday in March of that year, the
governor shall appoint members from the newly drawn districts to
serve terms as provided under subdivision 2a.
Sec. 7. [473.13] [BUDGET, FINANCIAL AID.]
Subdivision 1. [BUDGET.] On or before October 1 of each
year the council, after a public hearing, shall adopt a budget
covering its anticipated receipts and disbursements for the
ensuing year and shall decide upon the total amount necessary to
be raised from ad valorem tax levies to meet its budget. After
adoption of the budget and no later than October 1, the council
shall certify to the auditor of each metropolitan county the
county share of the tax, which must be an amount bearing the
same proportion to the total levy agreed on by the council as
the assessed valuation of the county bears to the assessed
valuation of the metropolitan area. The maximum amount of any
levy made for the purpose of this chapter may not exceed the
limits set by sections 473.167 and 473.249.
Subd. 2. [COUNTY LEVIES.] The auditor of each metropolitan
county shall add the amount of any levy made by the council
within the limits imposed by subdivision 1 to other tax levies
of the county for collection by the county treasurer with other
taxes. When collected the county treasurer shall make
settlement of the taxes with the council in the same manner as
other taxes are distributed to political subdivisions. The levy
authorized by this section is in addition to any other county
taxes authorized by law.
Subd. 3. [FINANCIAL AID.] The council may accept financial
aid from governmental units within the metropolitan area, from
the state or federal government, and from private donors, if the
conditions under which it is offered are not incompatible with
the provisions of this chapter.
Subd. 4. [ACCOUNTS; AUDITS.] The council shall keep an
accurate account of its receipts and disbursements.
Disbursements of council money must be made by check, signed by
the chair or vice chair of the council and countersigned by its
director or assistant director after whatever auditing and
approval of the expenditure may be provided by rules of the
council. The state auditor shall audit the books and accounts
of the council once each year, or as often as funds and
personnel of the state auditor permit. The council shall pay to
the state the total cost and expenses of the examination,
including the salaries paid to the auditors while actually
engaged in making the examination. The revolving fund of the
state auditor must be credited with all collections made for any
examination.
Sec. 8. Minnesota Statutes 1984, section 473.141,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL APPLICATION.] Metropolitan
commissions shall be organized, structured and administered as
prescribed in this section This section applies to metropolitan
agencies as provided in the enabling law of each agency.
Sec. 9. Minnesota Statutes 1984, section 473.141,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP; APPOINTMENTS.] (a) Each commission
shall consist agency consists of eight members, plus a chairman
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 commission district for which the member is to be
appointed. Appointments are subject to the advice and consent
of the senate.
(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 commission member
applications to the metropolitan council as provided under
section 15.0597, subdivision 5, the council appointments
committee shall conduct one or more public hearings on the
matter of the appointments for the commission districts
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.
(c) (d) One member shall be appointed from each of the
following commission agency districts:
(1) Commission district A, consisting of council districts
1 and 2;
(2) Commission district B, consisting of council districts
3 and 7;
(3) Commission district C, consisting of council districts
4 and 5;
(4) Commission district D, consisting of council districts
6 and 10;
(5) Commission district E, consisting of council districts
8 and 9;
(6) Commission district F, consisting of council districts
11 and 12;
(7) Commission district G, consisting of council districts
13 and 14; and
(8) Commission district H, consisting of council districts
15 and 16.
Sec. 10. Minnesota Statutes 1984, section 473.141,
subdivision 3, is amended to read:
Subd. 3. [CHAIRMAN.] The chairman of each commission
agency shall be appointed by the governor with the advice and
consent of the senate and, shall be the ninth voting member of
the commission and shall meet all qualifications established for
members, except the chairman need only reside within the
metropolitan area. The council, by resolution after a public
meeting on the subject, shall provide the governor with a list
of nominees for the position. Senate confirmation shall be is
as provided by section 15.066. The chairman shall preside at
all meetings of the commission agency, if present, and shall
perform all other duties and functions assigned to him by
the commission agency or by law. Each commission agency may
appoint from among its members a vice-chairman to act for the
chairman during his temporary absence or disability.
Sec. 11. Minnesota Statutes 1984, section 473.141,
subdivision 4, is amended to read:
Subd. 4. [QUALIFICATIONS.] Each member shall be a resident
of the commission district for which he is appointed and shall
not during his term of office hold the office of metropolitan
council member, or be a member of another
metropolitan commission agency subject to this section, the
metropolitan airports commission or the metropolitan sports
facilities commission or hold any judicial office. Each member
shall qualify by taking and subscribing the oath of office
prescribed by the Minnesota Constitution, Article 5, Section 5.
Such oath, duly certified by the official administering the
same, shall be filed with the executive director of the
metropolitan council.
Sec. 12. Minnesota Statutes 1984, section 473.141,
subdivision 4a, is amended to read:
Subd. 4a. [TERMS.] Following each apportionment of
metropolitan council districts, as provided under section
473.123, subdivision 3a, the terms of members and the chairman
of each commission shall commence on the effective date of that
apportionment, 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 chairmen are as follows: members
representing commission districts A, B, C, and D, and the
chairman of each commission, for terms ending the first Monday
in January of the year ending in the numeral "7"; members
representing commission districts E, 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
chairman is four years, with terms ending the first Monday in
January, except that all terms expire on the effective date of
the next apportionment. A chairman shall continue to serve
until a successor is appointed and qualified. A member shall
continue to serve his commission district until a successor is
appointed and qualified; except that, following each
apportionment, the member shall continue to serve at large until
the metropolitan council appointed pursuant to section 473.123,
subdivision 3a appoints eight commission 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. 13. Minnesota Statutes 1984, section 473.146,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] Within 12 months after April
12, 1974, The council shall adopt after appropriate study and
such public hearings as may be necessary, as a part of its
development guide, a long-range comprehensive policy plans plan
for each metropolitan commission and when adopted, the policy
plans shall be followed by the council and the affected
commissions agency required to prepare an implementation plan
under section 473.161. The plans shall must substantially
conform to all policy statements, purposes, goals, standards,
and maps in the development guide sections and comprehensive
plans as developed and adopted by the council pursuant to the
chapters of the Minnesota Statutes directly relating to the
council and the metropolitan commissions. In preparing or
amending a policy plan the council shall consult with and make
maximum use of the expertise of the affected commission, and
each such commission shall cooperate with and make its
employees, records, studies, plans and other information
available to the council under chapter 473. Each such policy
plan shall must include, to the extent appropriate to the
functions, services, and systems covered thereby, the following:
(a) A statement of the needs of the metropolitan area with
respect to the functions covered and the objective of and the
policies to be forwarded by the policy plan;
(b) A general description of the physical facilities and
services to be developed by the metropolitan commission in
performing its functions;
(c) A statement as to the general location of physical
facilities and service areas;
(d) A general statement of timing and priorities in the
development by the metropolitan commission of those physical
facilities and service areas;
(e) A general statement on the level of public expenditure
both capital and operating appropriate to the facilities and
(1) forecasts of changes in the general levels and
distribution of population, households, employment, land uses,
and other relevant matters, for the metropolitan area and
appropriate subareas, to be used in preparing the implementation
plan of the affected metropolitan agency;
(2) a statement of issues, problems, needs, and
opportunities with respect to the functions, services, and
systems covered;
(3) a statement of the council's goals, objectives, and
priorities with respect to the functions, services, and systems
covered, addressing areas and populations to be served, the
levels, distribution, and staging of services; a general
description of the facility systems required to support the
services, and other similar matters;
(4) a statement of policies to effectuate the council's
goals, objectives, and priorities;
(5) a statement of the fiscal implications of the council's
plan, including a statement of: (i) the resources available
under existing fiscal policy; (ii) the adequacy of resources
under existing fiscal policy and any shortfalls and unattended
needs; (iii) additional resources, if any, that are or may be
required to effectuate the council's goals, objectives, and
priorities; and (iv) any changes in existing fiscal policy, on
regional revenues and intergovernmental aids respectively, that
are expected or that the council has recommended or may
recommend;
(6) a statement of the standards, criteria, and procedures
that the council will use in monitoring and evaluating the
implementation of the plan;
(7) a statement of the matters that must be addressed in
the implementation plan of the affected metropolitan agency;
(8) a statement of the relationship of the policy plan to
other policy plans and chapters of the metropolitan development
guide;
(f) (9) a statement of the relationships to any current
local comprehensive plans and any related development programs
on file with the council prepared under sections 473.851 to
473.872; and
(g) Such (10) additional general information as may be
necessary to develop the policy plan or as may be required by
the laws relating to the metropolitan commission agency and
function covered by the policy plan; and
(h) A general statement relating to future population,
employment levels, and land use in the metropolitan area and in
the individual local governmental units located therein,
including population densities and anticipated rates of change
in such densities.
Sec. 14. Minnesota Statutes 1984, section 473.146,
subdivision 2, is amended to read:
Subd. 2. [CONSULTATION WITH AGENCY; PRE-DRAFTING NOTICE.]
In preparing or amending the policy plan, the council shall
consult with and make maximum use of the expertise of the
affected metropolitan agency. The agency shall cooperate with
the council and make its records, studies, plans, and other
information available to the council.
Before beginning to prepare a substantial revision of a
policy plan, the council shall publish notice and request
comments from the public. At least 90 days before publication
of the pre-drafting notice, the council shall submit a draft of
the notice to the affected metropolitan agency for review and
comment. The pre-drafting notice must include a statement of
the subjects expected to be covered by the policy and
implementation plans; a summary of important problems, issues,
and matters that are expected to be addressed in the plans; and
a summary of the studies and other information required as the
basis of the plans. All interested persons must be afforded an
opportunity to submit data or views on the pre-drafting notice,
either orally or in writing.
Before adopting a policy plan or substantial revision
thereof, the council shall submit the proposed plan to the
affected metropolitan commission agency for its review, and
the commission agency shall report its comments to the council
within 60 90 days and may, within that period request the
council to hold a special public hearing for the purpose of
receiving the commission's report and comments. Within 60 days
after the submission of the proposed plan to the commission, any
local governmental unit may request a public hearing for the
purpose of receiving testimony from local governmental units and
the general public concerning the proposed policy plan prior to
the adoption of a policy plan. Within a reasonable time, not to
exceed 60 days, after receiving a request for a hearing,.
Subd. 2a. [HEARING; ADOPTION.] The council shall hold a
public hearing on the proposed policy plan at such a time and
place in the metropolitan area as it shall determine determined
by the council. Not less than 15 days before the hearing, the
council shall publish notice thereof in a newspaper or
newspapers having general circulation in the metropolitan area,
stating the date, time and place of hearing, and the place where
the proposed policy plan and commission agency comments may be
examined by any interested person. At any hearing interested
persons shall must be permitted to present their views on the
policy plan, and the hearing may be continued from time to
time. After receipt of the commission's agency's report and
such the hearing, if any, the council may revise the proposed
plan giving appropriate consideration to all comments received,
and thereafter shall adopt the plan by resolution.
Subd. 2b. [EFFECT.] Adopted policy plans must be followed
by the council and the affected metropolitan agency.
Subd. 2c. [AMENDMENT.] An amendment to a policy plan may
be initiated by the council or by an affected commission
metropolitan agency. At least every four five years the council
shall engage in a comprehensive review of the policy plan and
revise the plan as necessary. Development guide sections,
comprehensive plans, capital improvement programs and other
plans in substantial conformance with the requirements of
subdivision 1 which have been adopted by the council pursuant to
Minnesota Statutes 1971, Chapters 473A, 473B and 473C, shall
continue in force and effect until expressly superseded by a
policy plan adopted pursuant to this subdivision. The council
shall not amend a policy plan except in accordance with the
procedures herein established in this section.
Sec. 15. Minnesota Statutes 1984, section 473.146,
subdivision 3, is amended to read:
Subd. 3. [TRANSPORTATION POLICY PLAN CHAPTER OF THE
DEVELOPMENT GUIDE.] The council shall adopt a transportation
policy plan as a part of its comprehensive development guide as
provided in subdivisions 1 and 2. The regional transit board
shall perform the functions and have the responsibility and
authority provided for a metropolitan commission. The policy
plan chapter must include policies relating to all
transportation forms and be designed to promote the legislative
determinations, policies and goals set forth in section
473.371. In addition to the requirements of subdivision 1
regarding the contents of the policy plan, the transit elements
of the plan must include the following:
(1) a statement of service objectives, policies, and
standards that should govern the distribution, coordination, and
general location of facilities, services, and service areas to
be planned, deployed, or developed by or under the direction or
auspices of the transit board;
(2) a general statement of timing and priorities in the
planning, deployment, and development of services;
(3) a statement of the policies and standards that should
govern the levels of public expenditure, both capital and
operating, for various services and service areas;
(4) a statement of the policies and standards that should
govern total annual regional funding levels, the sources of
funds, and the distribution of funds among the facilities,
services, and service areas; and
(5) a description of the contents that should be included
in the implementation plans prepared by the transit board.
In addition to the requirements of subdivisions 1 and 2
regarding the use of the expertise of the affected agency, the
state transportation department, metropolitan transit
commission, and affected counties and municipalities may provide
technical assistance requested by the council. The council
shall amend its policy plan to conform to the requirements of
this subdivision by January 1, 1986 nontransit element of the
transportation chapter must include the following:
(1) a statement of the needs of the metropolitan area with
respect to the functions covered and the objectives of and the
policies to be forwarded by the policy plan;
(2) a general description of the physical facilities and
services to be developed;
(3) a statement as to the general location of physical
facilities and service areas;
(4) a general statement of timing and priorities in the
development of those physical facilities and service areas; and
(5) a general statement on the level of public expenditure
appropriate to the facilities.
Sec. 16. Minnesota Statutes 1984, section 473.149,
subdivision 3, is amended to read:
Subd. 3. [PREPARATION AND ADOPTION.] The solid waste
policy plan shall be prepared, adopted, and amended in
accordance with section 473.146, subdivision 2, provided that
the procedural duties and responsibilities established therein
for the affected metropolitan commission agency shall extend to
the metropolitan counties and the pollution control agency. In
addition to the requirements of section 473.146, subdivision 2,
the council shall send notice of any hearing to the pollution
control agency and the governing body of each metropolitan
county and each local governmental unit, as defined in section
473.801, wherein a solid waste facility is or may be located in
accordance with the plan. Any comprehensive plan adopted by the
council shall remain in force and effect while new or amended
plans are being prepared and adopted by the council. By October
1, 1976, the council shall adopt either interim policies or
amendments to the existing comprehensive plan establishing
standards and criteria for the review under section 473.823 of
permit applications for solid waste facilities used primarily
for resource recovery. For permit applications received by the
council prior to October 1, 1976, the council may extend the
time period provided for review under section 473.823 until 60
days after the adoption of the interim policies or amendments.
No metropolitan county, local government unit, commission, or
person shall acquire, construct, improve or operate any solid
waste facility in the metropolitan area except in accordance
with the council's plan and section 473.823, provided that no
solid waste facility in use when a plan is adopted shall be
discontinued solely because it is not located in an area
designated in the plan as acceptable for the location of such
facilities.
Sec. 17. Minnesota Statutes 1984, section 473.161, is
amended to read:
473.161 [DEVELOPMENT PROGRAMS IMPLEMENTATION PLANS OF
METROPOLITAN COMMISSIONS.]
Subdivision 1. [PREPARATION OF DEVELOPMENT PROGRAMS.] Each
metropolitan commission shall prepare a development program
covering the detailed technical planning, engineering,
financing, scheduling and other information necessary to the
development of the program elements to be performed by the
commission in implementing the policy plan adopted by the
council pursuant to section 473.146. The program may include
such other technical information as the metropolitan commission
deems necessary. The program shall prescribe and delineate the
functions to be performed and activities to be undertaken by the
metropolitan commission and shall cover at least the five year
period commencing with the first calendar year beginning after
its approval or such longer period as the council may
prescribe. The program shall describe all capital improvements
to be undertaken in such period and with respect to each
improvement shall include the following:
(a) A description of the improvement, its location,
function and estimated cost;
(b) The proposed manner of financing the capital costs of
the improvement, and the sources of revenue available for
payment of such costs;
(c) A schedule showing on a yearly basis the timing of land
acquisition, construction and capital expenditures for the
improvements;
(d) A review and description of the public need for the
improvement, alternatives to the improvement, (including
alternatives not involving capital expenditures), the
environmental and social effects of the improvement and all
actions and steps theretofore taken by the commission with
respect to the improvement;
(e) An estimate of the probable impact of the improvement
on the responsibilities of the other metropolitan commissions;
(f) An estimate of the annual operating costs of the
improvement and the sources of revenue available for payment of
such costs;
(g) An evaluation of the relative priority of the
improvement taking into consideration other capital improvements
described in the program;
(h) Each program shall include such additional information
as the council or commission may deem appropriate.
Upon a request from any local governmental unit, the
commission shall hold a public hearing for the purpose of
receiving testimony from local governmental units and the public
prior to submission to the council as provided in subdivision 2.
Subd. 1a. [REQUIREMENT; PURPOSE.] Each metropolitan agency
that is subject to this section by its enabling law shall adopt
an implementation plan meeting the requirements of this
section. The implementation plan must implement and effectuate
the policy plan adopted by the council under section 473.146.
Elements of the implementation plan must cover the period or
periods prescribed in the council's policy plan.
Subd. 1b. [CONTENT.] The implementation plan must include
the following:
(1) a statement of objectives and priorities for capital
development, services, and system management;
(2) a statement of agency plans to achieve the objectives,
describing the functions, services, and systems that will be
provided by or under the direction or auspices of the agency;
(3) a statement of how the agency's objectives, priorities,
and plans will implement and effectuate the council's policy
plan;
(4) a statement of the fiscal implications of the agency's
plan, including a statement of: (i) the anticipated expenditure
of public and private funds, for capital developments, services,
and system administration and management, and the changes in
expenditure levels that the plan represents; (ii) the resources
available under existing fiscal policy and additional resources,
if any, that are or may be required to effectuate the agency's
plan; (iii) any changes in agency policy on regional sources of
revenue and changes in levels of debt, user charges, and taxes;
(iv) other changes in existing fiscal policy, on regional
revenues and intergovernmental aids respectively, that are
expected or that the agency has recommended or may recommend;
and (v) the effect on functions and levels and types of
services, and the agency's contingency and cost-containment
strategies, if the additional resources required to effectuate
the agency's plan do not become available;
(5) a statement of the standards, criteria, and procedures
that the agency will use in monitoring and evaluating the
results of the implementation plan;
(6) a statement of the effect of the plan on the
responsibilities of other governmental units;
(7) the services and systems management component required
by subdivision 1c and the capital investment component required
by subdivision 1d; and
(8) other information that the council or agency deems
appropriate.
Subd. 1c. [SERVICES AND SYSTEMS MANAGEMENT.] The plan must
include a services and systems management component that
describes the levels and costs of services that will be provided
to service areas and populations within the metropolitan area.
The component must describe: (1) service needs, objectives, and
priorities; (2) changes in existing services; (3) deployment of
new services; (4) distribution and coordination of services; (5)
delivery methods and providers; (6) system management and
administration; (7) costs; (8) manner of finance and revenue
sources, including federal and state funds, private funds,
taxes, and user charges; and (9) fiscal effects.
Subd. 1d. [CAPITAL INVESTMENT.] The plan must include a
capital investment component that sets forth a capital
investment strategy and estimates the fiscal and other effects
of the strategy. The component must specify, to the extent
practicable, the capital improvements to be undertaken. For
each improvement specified, the plan must describe: (1) need,
function, objective, and relative priority; (2) alternatives,
including alternatives not involving capital expenditures; (3)
ownership and operating entity; (4) location and schedule of
development; (5) environmental, social, and economic effects;
(6) cost; (7) manner of finance and revenue sources, including
federal and state funds, private funds, taxes, and user charges;
and (8) fiscal effects, including an estimate of annual
operating costs and sources of revenue to pay the costs.
Subd. 2. [SUBMISSION TO PROCEDURE; REVIEW AND APPROVAL BY
COUNCIL.] The development program implementation plan prepared
by the metropolitan commission shall agency must be submitted to
the council for review and approval or disapproval at the time
or times stated in the policy plan. The agency shall hold a
public hearing on the plan before submitting it to the council
and shall transmit a report of the hearing to the council along
with the plan. The council shall complete its review within 90
days after receipt of the proposed development program
implementation plan. In the course of its review of the
implementation plan the council shall publish an analysis and
evaluation of the success of the agency in effectuating the
council's policy plan. If the council determines that the
program implementation plan is consistent with the policy plan
it shall approve the program plan as submitted. If it
determines that the program implementation plan or part thereof
is inconsistent with the policy plan, it shall disapprove it and
return it to require the submitting commission with comments and
the commission shall agency to make appropriate revisions in the
program and resubmit it to the council for review and approval
or disapproval. Before approving a program or returning it to
the submitting commission, the council shall hold a public
hearing for the purpose of considering the program and the
council's comments thereon, if requested to do so by the
affected commission. The council may approve or disapprove a
development program in whole or in part implementation plan
necessary to bring it into conformance with the policy plan.
The agency shall make the revisions required by the council
within 60 days, or a longer period agreed to by the council, and
resubmit the plan to the council for review. If the agency does
not make the revisions required by the council in the time
allowed, the council shall hold a public hearing on the matter
in dispute. At the hearing the council shall make an
affirmative presentation of its position on the required
revisions, shall allow the agency to present its objections to
the revisions, and shall allow all persons to present their
views on the matter. Following the hearing the council shall
prepare a report on the hearing, including a summary of the
disagreeing positions of the council and the agency, and shall
make a final decision on the revision. If the council decides
to require revision, the council's decision shall contain
specific changes in the implementation plan. The changes
contained in the council's decision are binding on the agency
and are part of the implementation plan required to be adopted
and implemented by the agency under subdivision 3.
Subd. 2a. [AMENDMENT.] Within two years of the approval of
its first development program by the council and At least
biennially thereafter each commission metropolitan agency shall
review the program implementation plan, make such the revisions
as are necessary, including an updating of the five year capital
improvement program, and submit the program plan to the council
for its review and approval or disapproval as herein provided in
this section.
Subd. 3. [ADOPTION; EFFECT OF DEVELOPMENT PROGRAM.] After
approval by the council of a development program the
commission The metropolitan agency shall adopt and implement the
program implementation plan, with the revisions required by the
council, within 60 days following council approval. No capital
improvements shall be undertaken by the metropolitan commission
unless authorized by the program or The activities of the
agency, including its priorities and timing, must be consistent
with its approved and adopted implementation plan or be
specifically approved by the council. The council shall may not
approve any improvement activity not in substantial conformance
with the appropriate policy plan.
Sec. 18. [473.1623] [METROPOLITAN COUNCIL; METROPOLITAN
AGENCIES; FINANCIAL REPORTING AND MANAGEMENT.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to enhance the efficiency, effectiveness, and responsiveness of
metropolitan agencies and services, by improving coordination
among metropolitan agencies in financial reporting and
management for metropolitan systems and services.
Subd. 2. [FINANCIAL REPORTING AND MANAGEMENT ADVISORY
COMMITTEE.] A financial reporting and management advisory
committee is created, consisting of the chairs of the council
and the following metropolitan agencies: the waste control
commission, transit board, metropolitan airports commission, and
sports facilities commission. The committee is established to
assist and advise the council and other governing boards in
meeting the requirements of this section. Staff and
administrative services for the committee must be provided by
the council and the member agencies. Other agencies shall make
financial information available upon request.
Subd. 3. [FINANCIAL REPORT.] By December 15 of
even-numbered years, the council, in consultation with the
advisory committee, shall publish a consolidated financial
report for the council and all metropolitan agencies and their
functions, services, and systems. The financial report must
cover the calendar year in which the report is published and the
two years preceding and three years succeeding that year. The
financial report must contain the following information, for
each agency, function, or system, respectively, and in the
aggregate, in a consistent format that allows comparison over
time and among agencies in expenditure and revenue categories:
(1) financial policies, goals, and priorities;
(2) levels and allocation of public expenditure, including
capital, debt, operating, and pass-through funds, stated in the
aggregate and by appropriate functional, programmatic,
administrative, and geographic categories, and the changes in
expenditure levels and allocations that the report represents;
(3) the resources available under existing fiscal policy;
(4) additional resources, if any, that are or may be
required;
(5) changes in council or agency policies on regional
sources of revenue and in levels of debt, user charges, and
taxes;
(6) other changes in existing fiscal policy, on regional
revenues and intergovernmental aids respectively, that are
expected or that have been or may be recommended by the council
or the respective agencies;
(7) an analysis that links, as far as practicable, the uses
of funds and the sources of funds, by appropriate categories and
in the aggregate;
(8) a description of how the fiscal policies effectuate
current policy and implementation plans of the council and
agencies concerned; and
(9) a summary of significant changes in council and agency
finance and an analysis of fiscal trends.
The council shall present the report for discussion and
comment at a public meeting in the metropolitan area and
request, in writing, an opportunity to make presentations on the
report before appropriate committees of the legislature.
Subd. 4. [FINANCIAL REPORTING; BUDGETING.] The advisory
committee, with the assistance of the state auditor and the
legislative auditor, shall develop uniform or consistent
standards, formats, and procedures for the budgets and financial
reports of the council and all metropolitan agencies. The
council shall report to the legislature from time to time on
progress made by the committee in improving the uniformity and
quality of budgets and financial reports and on legislation that
may be needed for this purpose.
Subd. 5. [ADMINISTRATIVE COORDINATION.] The advisory
committee shall evaluate the benefits, costs, methods, and
effects, including operational effects, of joint or uniform and
coordinated exercise of powers by the council and metropolitan
agencies for appropriate administrative functions. The study
must include at least ongoing managerial reporting, contracts,
purchasing, data processing, and personnel. The council shall
report to the legislature on the findings and recommendations of
the advisory committee to date by January 1, 1987, and on legal
and other impediments to increased coordination of
administrative functions. Before submitting the report, the
council shall request comments on the report from the affected
metropolitan agencies, and the comments must be submitted along
with the report.
Sec. 19. Minnesota Statutes 1984, section 473.163,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] Each metropolitan commission
agency that is subject to this section by its enabling law shall
prepare a proposed budget for calendar year 1976 and each
calendar year thereafter. The proposed budget shall be prepared
on or before by August 1, 1975 and of each
year thereafter. The budget must be consistent with and
effectuate the implementation plan. The budget shall must show
for each such year:
(a) The estimated operating revenues from all sources
including funds on hand at the beginning of the year, and
estimated expenditures for costs of operation, administration,
maintenance, and debt service; and
(b) Capital improvement funds estimated to be on hand at
the beginning of the year and estimated to be received during
the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year; all in
such detail and form as the council may prescribe; and
(c) The estimated source and use of pass-through funds.
Sec. 20. Minnesota Statutes 1984, section 473.163,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE; APPROVAL OF COUNCIL.] Between As
early as practicable before August 1 and September 1 15 of each
year, the commission agency shall hold a public hearing on a
draft of the proposed budget. Along with the draft, the agency
shall publish a report on user charges. The report must include
an estimate and analysis of the changes in user charges, rates,
and fees that will be required by the agency's budget. Not less
than 14 days before the hearing, the commission agency shall
publish notice thereof of the hearing in a newspaper having
general circulation in the metropolitan area, stating the date,
time and place of hearing, and the place where the proposed
budget and report on user charges may be examined by any
interested person. Following the hearing, the agency shall
publish a report of the hearing that summarizes the comments
received and the agency's response. Until the budget for agency
fiscal year 1990, those parts of the budget relating to revenues
and expenditures for capital improvements shall must be
submitted to the council on or before by August 1 15 of each
year and shall be subject to for review and approval by the
council. If council approval is required the council shall act
to approve or disapprove by October 1 of each year. Before
December 15 of each year the commission, after obtaining
approval of the council for any changes in the capital
improvements budget, agency shall by resolution adopt a final
budget. Each commission agency shall file its final budget with
the council on or before December 20 of each year. The council
shall file the budgets with the secretary of the senate and the
clerk of the house of representatives not later than January 1
of each year.
Subd. 2a. [EFFECT.] Except in an emergency, for which
procedures shall must be established by the commission agency,
the commission agency and its officers, agents and
employees shall may not spend money for any purpose, other than
debt service, without an appropriation by the commission or in
excess of the amount appropriated therefor agency, and no
obligation to make such an expenditure shall be enforceable
except as the obligation of the person or persons incurring it.
The creation of any debt obligation or the receipt of any
federal or state grant is a sufficient appropriation of the
proceeds for the purpose for which it is authorized, and of the
tax or other revenues pledged to pay the obligation and interest
on it whether or not specifically included in any annual
budget. The commission may, After obtaining approval of the
council, if required under subdivision 2, the agency may amend
the capital improvements budget at any time by transferring any
appropriation from one purpose to another, except appropriations
of the proceeds of bonds issued for a specific purpose. The
council shall file the budgets of all commissions with the
secretary of the senate and the clerk of the house of
representatives not later than January 15 of each year.
Sec. 21. Minnesota Statutes 1985 Supplement, section
473.167, subdivision 3, is amended to read:
Subd. 3. [TAX.] The council may levy a tax on all taxable
property in the metropolitan area, as defined in section
473.121, to provide funds for loans made pursuant to
subdivisions 2 and 2a. The tax shall be certified by the
council, levied, and collected in the manner provided by section
473.08 7 of this act. The tax shall be in addition to that
authorized by section 473.249 and any other law and shall not
affect the amount or rate of taxes which may be levied by the
council or any metropolitan agency or local governmental unit.
The amount of the levy shall be as determined and certified by
the council, except as otherwise provided in this subdivision.
The tax shall not be levied at a rate higher than five
one-hundredths of one mill. The tax shall not be levied at a
rate higher than that determined by the council to be
sufficient, considering the other anticipated revenues of and
disbursements from the loan fund, to produce a balance in the
loan fund at the end of the next calendar year equal to twice
the amount that a tax levy of five one-hundredths of a mill
would raise in that year.
Sec. 22. Minnesota Statutes 1984, section 473.171,
subdivision 1, is amended to read:
Subdivision 1. The council shall review all applications
of a metropolitan commission agency, independent commission,
board or agency, and local governmental units for funds, grants,
loans or loan guarantees from the United States of America or
agencies thereof submitted in connection with proposed matters
of metropolitan significance, all other applications
by commissions metropolitan agencies, independent commissions,
boards and agencies, and local governmental units for grants,
loans, or loan guarantees from the United States of America or
any agency thereof if review by a regional agency is required by
federal law or the federal agency, and all applications of the
commissions for grants, loans, or allocations from funds made
available by the United States of America to the metropolitan
area for regional facilities pursuant to a federal revenue
sharing or similar program requiring that the funds be received
and granted or allocated or that the grants and allocations be
approved by a regional agency.
Sec. 23. Minnesota Statutes 1984, section 473.171,
subdivision 2, is amended to read:
Subd. 2. The council shall review all applications or
requests of a metropolitan commission agency, independent
commission, board or agency, and local governmental units for
state funds allocated or granted for proposed matters of
metropolitan significance, and all other applications by
metropolitan commissions agencies, independent commissions,
boards, agencies, and local governmental units for state funds
if review by a regional agency is required by state law or the
granting state agency.
Sec. 24. Minnesota Statutes 1984, section 473.173,
subdivision 3, is amended to read:
Subd. 3. In developing the regulations the council and the
advisory metropolitan land use committee, as defined in section
473.852, shall give consideration to all factors deemed relevant
including but not limited to the following:
(1) The impact a proposed matter will have on the orderly,
economic development, public and private, of the metropolitan
area and its consistency with the metropolitan development guide;
(2) The relationship a proposed matter will have to the
policy statement goals, standards, programs and other applicable
provisions of the development guide;
(3) The impact a proposed matter will have on policy plans
adopted by the council and on the development programs
implementation plans and functions performed and to be performed
by a metropolitan commission agency that is subject to section
473.161;
(4) Functions of municipal governments in respect to
control of land use as provided for under the municipal planning
act.
Sec. 25. Minnesota Statutes 1984, section 473.173,
subdivision 4, is amended to read:
Subd. 4. The regulations shall include, without
limitation, provisions to effectuate and comply with the
following powers and requirements:
(1) No applicant shall be required to submit a proposed
matter for review more than once unless it is materially altered.
(1a) A public hearing shall be held prior to the final
determination with regard to a proposed matter.
(2) The council shall be empowered to suspend action on a
proposed matter during the period of review and for a period not
to exceed 12 months following the issuance of its final
determination. In its final determination, the council may
prescribe appropriate conditions with regard to a proposed
matter which, if incorporated or complied with, would cause the
council to remove the suspension.
(3) The council's recommendation or determination
concerning a proposed matter, including the determination as to
its metropolitan significance, shall be issued within 90 days
following its receipt of a proposal accompanied by adequate
supporting information. To avoid duplication, the review may be
suspended for not more than 90 days to await completion of
review of a matter by another public agency.
(4) The council shall be required to review a proposed
matter upon request of an affected local governmental unit or
metropolitan commission agency that is subject to section
473.161. The regulations shall include a procedure for review
of a proposed matter upon petition by a specified number of
residents of the metropolitan area 18 years of age or older.
(5) The council shall be empowered to review all proposed
matters of metropolitan significance regardless of whether the
council has received a request from an affected body to conduct
that review.
(6) The council shall review all proposed matters
determined to be of metropolitan significance as to their
consistency with and effect upon metropolitan system plans as
defined in section 473.852 and their adverse effects on other
local governmental units.
(7) Previously approved policy plans and development
programs implementation plans and areas of operational authority
of the metropolitan commissions agencies that are subject to
section 473.161 shall not be subject to review under this
section, except as specifically provided in section 473.171.
Sec. 26. Minnesota Statutes 1984, section 473.194, is
amended to read:
473.194 [DEFINITIONS.]
For the purposes of sections 473.193 473.194 to 473.201,
the terms defined in the municipal housing and redevelopment act
shall have the meanings given them in that act.
Sec. 27. Minnesota Statutes 1984, section 473.195,
subdivision 4, is amended to read:
Subd. 4. The council shall, as part of any project
proposal to a municipality, propose a means for citizens
substantially affected by the proposed project to participate in
the formulation and carrying out of projects undertaken by the
council pursuant to the terms of sections 473.193 473.194 to
473.201.
Sec. 28. Minnesota Statutes 1984, section 473.199, is
amended to read:
473.199 [EFFECT UPON MUNICIPAL AND COUNTY HOUSING AND
REDEVELOPMENT AUTHORITIES.]
Nothing in sections 473.193 473.194 to 473.201 shall be
construed to impair the powers and obligations of municipal,
county or multi-county housing and redevelopment authorities
within the metropolitan area.
Sec. 29. Minnesota Statutes 1984, section 473.201,
subdivision 2, is amended to read:
Subd. 2. The council may expend for the purposes of
sections 473.193 473.194 to 473.201 any revenues derived
pursuant to section 473.249.
Sec. 30. Minnesota Statutes 1984, section 473.245, is
amended to read:
473.245 [REPORTS.]
On or before January 15, of each year the metropolitan
council shall report to the legislature. The report shall
include:
(1) A statement of the metropolitan council's receipts and
expenditures by category since the preceding report;
(2) A detailed budget for the year in which the report is
filed and the following year including an outline of its program
for such period;
(3) An explanation of any policy plan and other
comprehensive plan adopted in whole or in part for the
metropolitan area and the review comments of the affected
commission metropolitan agency;
(4) Summaries of any studies and the recommendations
resulting therefrom made by the metropolitan council, and a
listing of all applications for federal moneys made by
governmental units within the metropolitan area submitted to the
metropolitan council;
(5) A listing of plans of local governmental units and
proposed matters of metropolitan significance submitted to the
metropolitan council;
(6) A detailed report on the progress of any project
undertaken by the council pursuant to sections 473.193 to
473.201; and
(7) Recommendations of the metropolitan council for
metropolitan area legislation, including the organization and
functions of the metropolitan council and the commissions
metropolitan agencies.
Sec. 31. Minnesota Statutes 1984, section 473.249,
subdivision 1, is amended to read:
Subdivision 1. The metropolitan council may levy a tax on
all taxable property in the metropolitan area defined in section
473.121 to provide funds for the purposes of sections 473.121 to
473.249 and for the purpose of carrying out other
responsibilities of the council as provided by law. The tax
shall not exceed eight-thirtieths of one mill on the total
assessed valuation of all such taxable property located in the
metropolitan area, and shall be levied and collected in the
manner provided by section 473.08 7 of this act.
Sec. 32. Minnesota Statutes 1984, section 473.303,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The commission shall consist of
eight members, plus a chairman appointed as provided in
subdivision 3. The metropolitan council shall appoint the eight
members on a nonpartisan basis. One member shall be appointed
from each of the following commission districts:
(1) Commission district A, consisting of council districts
1 and 2;
(2) Commission district B, consisting of council districts
3 and 7;
(3) Commission district C, consisting of council districts
4 and 5;
(4) Commission district D, consisting of council districts
6 and 10;
(5) Commission district E, consisting of council districts
8 and 9;
(6) Commission district F, consisting of council districts
11 and 12;
(7) Commission district G, consisting of council districts
13 and 14; and
(8) Commission district H, consisting of council districts
15 and 16 in accordance with the provisions of section 473.141.
Sec. 33. Minnesota Statutes 1984, section 473.303,
subdivision 4a, is amended to read:
Subd. 4a. [TERMS.] Following each apportionment of
metropolitan council districts, as provided under section
473.123, subdivision 3a, the terms of members and the chairman
of the commission shall commence on the effective date of that
apportionment, metropolitan council appointed as provided in
section 473.123, subdivision 3a, shall appoint a chair and eight
commission members from newly drawn districts. The terms of
members and chairmen are as follows: members representing
commission districts A, B, C, and D, and the chairman of the
commission, for terms ending the first Monday in January of the
year ending in the numeral "7"; members representing commission
districts E, 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 chairman is four years, with terms
ending the first Monday in January, except that all terms expire
on the effective date of the next apportionment. The chairman
shall continue to serve until a successor is appointed and
qualified. A member shall continue to serve his commission
district until a successor is appointed and qualified; except
that, following each apportionment, the member shall continue to
serve at large until the metropolitan council appointed pursuant
to section 473.123, subdivision 3a appoints eight commission
members as provided under subdivision 2, to serve terms as
provided under this subdivision. The appointments to the
commission must be made by the first Monday in May of the year
in which the term ends.
Sec. 34. Minnesota Statutes 1984, section 473.303,
subdivision 6, is amended to read:
Subd. 6. [COMPENSATION.] Members and the chairman shall be
compensated as provided for members of metropolitan
commissions in section 473.141, subdivision 7.
Sec. 35. Minnesota Statutes 1984, section 473.373,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] To carry out the policy
and achieve the goals of section 473.371 there is established a
regional transit board as a public corporation and a political
subdivision of the state. Except as provided in this section,
the board is organized, structured, and administered as provided
for metropolitan commissions in section 473.141.
Sec. 36. Minnesota Statutes 1985 Supplement, section
473.373, subdivision 4, is amended to read:
Subd. 4. [TERMS.] The initial terms of members and the
chair appointed under Laws 1984, chapter 654, article 3, section
116, commence on the first day after July 1, 1984, that the
chair and at least seven other members have been appointed and
qualified and expire on the first day that the chair and eight
members appointed under section 473.141 and this section are
appointed and qualified. By August 1, 1985, the appointing
authorities shall appoint a chair and eight members from the
districts defined in section 473.141. The initial terms of
members and the chair appointed in 1985 are as follows: members
representing commission districts A, B, C, and D and the chair
of the board, for terms ending the first Monday in January of
the year ending in the numeral "7"; members representing
commission districts E, F, G, and H for terms ending the first
Monday in January of the year ending in the numeral "9." At
least one of the members appointed by the council must be 65
years of age or older at the time of the appointment.
Thereafter the term of each member and the chair is four years,
subject to the provisions on apportionment, successor
qualification, removal, and vacancy of section 473.141,
subdivisions 4a, 5, and 6.
Sec. 37. Minnesota Statutes 1984, section 473.377,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] The transit board shall
prepare, submit to the council, and adopt a transit service an
implementation plan describing the planning, functions, and
activities to be performed by or under the direction or auspices
of the board in implementing the policy plan adopted by the
council pursuant to section 473.146. The plan must cover at
least the five-year period commencing with the first calendar
year beginning after the plan's approval, or a longer period
prescribed by the council.
Except as otherwise provided in this section, the
implementation plan must be prepared, submitted for review by
the council, adopted, and implemented in the same manner, with
the same requirements and restrictions, and to the same effect
as provided for development programs in section 473.161. The
board shall prepare an implementation plan meeting the
requirements of this section and submit the plan to the council
by August 1, 1986, and thereafter in even-numbered years at a
time prescribed by the council.
Sec. 38. Minnesota Statutes 1985 Supplement, section
473.38, subdivision 2, is amended to read:
Subd. 2. [FINANCIAL PLAN; COUNCIL APPROVAL.] Along with
its annual budget, each even-numbered year the board shall
prepare a financial plan for the succeeding three calendar
years, in half-year segments. The financial plan must be
consistent with the board's implementation plan and must contain
the elements specified in section 473.377, subdivision 2,
clauses (a), (e), (f), and (g) 18, subdivision 3. The financial
plan prepared in even-numbered years must contain a proposed
request for state financial assistance for the succeeding
biennium. The board shall submit the financial plan to the
council for review and approval or disapproval. The council may
approve or disapprove in whole or in part. The council may
disapprove only for inconsistency with the policy plan of the
council.
Sec. 39. Minnesota Statutes 1985 Supplement, section
473.39, subdivision 1, is amended to read:
Subdivision 1. [GENERAL AUTHORITY.] The council, if
requested by vote of at least two-thirds of all of the members
of the transit board, may issue general obligation bonds to
provide funds to the board for expenditure to implement the
board's approved capital development program implementation plan
and for the refunding of outstanding bonds, certificates of
indebtedness, and judgments. The council may not unreasonably
withhold the issuance of obligations for a capital development
program an implementation plan that has been approved by the
council. The council may not issue obligations pursuant to this
subdivision in excess of the amount specifically authorized by
law. Except as otherwise provided in sections 473.371 to
473.449, the council shall provide for the issuance, sale, and
security of the bonds in the manner provided in chapter 475, and
has the same powers and duties as a municipality issuing bonds
under that law, except that no election is required and the net
debt limitations in chapter 475 do not apply to the bonds. The
obligations are not a debt of the state or any municipality or
political subdivision within the meaning of any debt limitation
or requirement pertaining to those entities. Neither the state,
nor any municipality or political subdivision except the council
and board, nor any member or officer or employee of the board or
council, is liable on the obligations. The obligations may be
secured by taxes levied without limitation of rate or amount
upon all taxable property in the transit taxing district and
transit area as provided in section 473.446. The council shall
certify to the transit board before October 1 of each year the
amounts necessary to provide full and timely payment of the
obligations. As part of its levy made under section 473.446,
the board shall levy the amounts certified by the council and
transfer the proceeds to the council for payment of the
obligations. The taxes must be levied, certified, and collected
in accordance with the terms and conditions of the indebtedness.
Sec. 40. Minnesota Statutes 1985 Supplement, section
473.39, subdivision 1a, is amended to read:
Subd. 1a. [AMOUNT; I-394 FACILITIES.] The council may
issue certificates of indebtedness, bonds, or other obligations
under this section in an amount not exceeding $8,500,000 for
expenditure as prescribed in the capital development program
implementation plan of the board required by section 473.377,
subdivision 2, clause (a). Of this amount, no more than
$1,500,000 may be spent for land acquisition and capital
improvements for park and ride lots and transit transfer
stations planned for the interstate highway described in section
161.123, clause (2), commonly known as I-394. These facilities
may be constructed and maintained by the metropolitan transit
commission. The board shall require, as a condition of
financial assistance to the commission, that the commission make
facilities it constructs, acquires, or improves for I-394 with
funds provided under this provision available to all transit
providers on a nondiscriminatory basis, as the board defines
these terms.
Sec. 41. Minnesota Statutes 1984, section 473.409, is
amended to read:
473.409 [AGREEMENTS WITH COMMISSION; ENCOURAGEMENT OF
TRANSIT USE.]
A state department or agency, including the legislative
branch, any local governmental unit, the metropolitan council,
or other metropolitan commission agency may enter into an
agreement with the transit commission and other operators for
the purpose of encouraging the use of transit by its employees
residing in the metropolitan area. The agreement may provide
for, among other things: (a) the advance purchase of tokens,
tickets or other devices from the commission or other operator
for use in lieu of fares on vehicles operated by the commission
or other operator; and (b) special transit service for employees
to and from their place of employment, at fares to be agreed
upon by the contracting parties. The tokens, tickets, or other
devices or services may be made available to employees at
reduced rates. Any such agreement and arrangement by a state
department or agency shall be submitted to the commissioner of
administration for approval before execution. Any operating
deficits or subsidy resulting from such agreements shall be
assumed by the contracting department, agency, governmental
unit, council, or other commission, unless otherwise provided in
an agreement approved by the transit board.
Sec. 42. Minnesota Statutes 1984, section 473.516,
subdivision 2, is amended to read:
Subd. 2. [GENERAL REQUIREMENTS.] With respect to its
activities under this section, the commission shall be subject
to and comply with the applicable provisions of this chapter.
Property acquired by the commission under this section shall be
subject to the provisions of section 473.545. Any site or
facility owned or operated for or by the commission shall
conform to the policy plan adopted by the council under section
473.149 and shall be authorized in accordance with the
commission's development program and capital budget
implementation plan approved by the council. The commission
shall contract with private persons for the construction,
maintenance, and operation of waste facilities, subject to the
bidding requirements of section 473.523, where the facilities
are adequate and available for use and competitive with other
means of providing the same service.
Sec. 43. Minnesota Statutes 1984, section 473.523,
subdivision 1, is amended to read:
Subdivision 1. No contract for any construction work, or
for the purchase of materials, supplies, or equipment, costing
more than $5,000 $15,000 shall be made by the commission without
publishing once in a legal newspaper or trade paper published in
a city of the first class not less than two weeks before the
last day for submission of bids, notice that bids or proposals
will be received. Such notice shall state the nature of the
work or purchase and the terms and conditions upon which the
contract is to be awarded, and a time and place where such bids
will be received, opened, and read publicly. After such bids
have been duly received, opened, read publicly, and recorded,
the commission shall award such contract to the lowest
responsible bidder or it may reject all bids and readvertise.
Each contract shall be duly executed in writing and the party to
whom the contract is awarded shall give sufficient bond or
security to the board for the faithful performance of the
contract as required by law. The commission shall have the
right to set qualifications and specifications and to require
bids to meet all such qualifications and specifications before
being accepted. If the commission by an affirmative vote of
two-thirds of its members declares that an emergency exists
requiring the immediate purchase of materials or supplies at a
cost in excess of $5,000 $15,000 or in making emergency repairs,
it shall not be necessary to advertise for bids.
Sec. 44. Minnesota Statutes 1984, section 473.523,
subdivision 2, is amended to read:
Subd. 2. The administrator may, without prior approval of
the commission and without advertising for bids, enter into any
contract of the type referred to in subdivision 1 which is not
in excess of $5,000 $15,000.
Sec. 45. Minnesota Statutes 1984, section 473.535, is
amended to read:
473.535 [WASTE CONTROL COMMISSION IMPLEMENTATION PLAN;
BUDGET.]
The waste control commission shall prepare, submit to the
council and adopt an implementation plan and a budget at the
time and in the manner provided in and otherwise comply
with section sections 473.161 and 473.163.
Sec. 46. Minnesota Statutes 1984, section 473.553,
subdivision 4, is amended to read:
Subd. 4. [QUALIFICATIONS.] Each member appointed prior to
substantial completion of construction of a sports facility
constructed pursuant to sections 473.551 to 473.595 shall be a
resident of the precincts or area of the state for which he is
appointed. A member appointed at any time shall not during his
term of office hold the office of metropolitan council member or
be a member of another metropolitan commission agency that is
subject to section 473.141 or hold any judicial office or office
of state government. Each member shall qualify by taking and
subscribing the oath of office prescribed by the Minnesota
Constitution, Article V, Section 6. The oath, duly certified by
the official administering it, shall be filed with the chairman
of the metropolitan council.
Sec. 47. [473.636] [NEW MAJOR AIRPORT; AIRPORT DEVELOPMENT
AREA.]
Subdivision 1. [METROPOLITAN COUNCIL; LAND USE CRITERIA
AND GUIDELINES.] Within 120 days after the selection by the
metropolitan airports commission of a site in the metropolitan
area for a new major airport to serve as a terminal for regular,
scheduled air passenger service and the approval of the
selection by the metropolitan council, the council shall adopt
criteria and guidelines for the regulation of use and
development of the airport development area, consisting of all
or a portion of the property in the metropolitan area extending
out three miles from the proposed boundaries of the site, or out
five miles from the boundaries in any direction the council
determines is necessary to protect natural resources of the
metropolitan area. The criteria and guidelines must establish
the boundaries of the airport development area and must include
a statement of goals and policies to be accomplished by
regulation of the use and development of property in the area.
The criteria and guidelines may relate to all kinds of land use
and development control measures, including zoning ordinances,
building codes, subdivision regulations, and official maps. The
criteria and guidelines must encourage controls for the use and
development of property and the planning of public facilities to
protect inhabitants of the airport development area from
aircraft noise and to preserve natural underground water
reservoirs and other natural resources of the metropolitan
area. Those purposes are public purposes upon which land use
and development control measures adopted by any government unit
under law may be based. The criteria and guidelines must be a
part of the metropolitan development guide when it is adopted,
and the council shall mail a copy of the criteria and guidelines
and any amendment to them to the governing body of each
government unit having authority to adopt land use and
development control measures applicable to the airport
development area under sections 360.061 to 360.073, chapter 394,
or chapter 462, or any other law; to the metropolitan airports
commission; and to the state commissioner of transportation.
The council may amend the criteria and guidelines from time to
time, and shall reestablish the airport development area
whenever the airport site boundaries are altered.
Subd. 2. [LOCAL ZONING AND LAND USE AND DEVELOPMENT
CONTROLS.] Upon the selection and approval of a site for a new
major airport in the metropolitan area, all land within its
airport development area not then zoned for other use is zoned
for use exclusively for agricultural purposes, except that a
prior nonconforming use established with reference to any lot or
parcel of land may be continued and all land zoned by this
subdivision for agricultural purposes may be rezoned by the
appropriate government unit upon compliance with this
subdivision. Thereafter the governing body of each government
unit proposing to adopt or amend a land use and development
control measure applicable to the airport development area shall
submit it to the metropolitan council for review, and within 120
days after receipt of the council's criteria and guidelines
shall make and submit to the council for review whatever changes
in its existing land use and development control measures it
deems necessary to make them consistent with the criteria and
guidelines. The council or a committee designated by it shall
hold a hearing on the control measures submitted by each
government unit within 60 days after they are submitted, on
written notice mailed to the governing body of the government
unit not less than 15 days before the hearing. At the hearing
the government unit must be allowed to present all data and
information that support the control measures submitted to the
council. The council shall approve each measure or amendment
within 120 days after it is received, with whatever changes it
deems necessary to make it consistent with the criteria and
guidelines, and the government unit submitting it shall take all
actions necessary to put it into effect within 60 days after it
is approved. If the council amends its criteria and guidelines,
it must follow the procedures in this subdivision to ensure that
applicable land use and development control measures are
consistent with the amendment.
Subd. 3. [ENFORCEMENT OF LOCAL MEASURES.] After the
selection and approval of a site for a new major airport in the
metropolitan area, no public or private use contrary to
subdivision 2 or any land use and development control measure
then in effect may be made of the property to which it applies
within an airport development area, and no government unit may
issue a permit for the use, construction, alteration, or
planting of any property, building, structure, or tree not in
accordance with its general provisions, except for minor footage
variances, until the council has approved changes or variances
in the control measure in accordance with subdivision 2. After
the council has approved a land use and development control
measure in accordance with subdivision 2, no public or private
use contrary to its provisions may be made of the property to
which it applies; and no government unit may issue a permit for
the use, construction, alteration, or planting of any property,
building, structure, or tree not in accordance with its general
provisions; and no special use permit or variance may be granted
that authorizes a use or development contrary to the council's
criteria and guidelines.
Subd. 4. [CONTROL MEASURE REVIEW BEFORE SITE SELECTION.]
After the metropolitan airports commission has called a hearing
for the selection of a site for a new major airport in the
metropolitan area under section 473.641, and until the
commission has determined not to use the site described in the
notice of hearing for a new major airport, the governing body of
each government unit in the metropolitan area shall submit to
the council for review and comment in accordance with section
473.175 any land use and development control measure, amendment,
or variance applicable to or proposed for the site described in
the notice of hearing or to any property within five miles of
the site. During the period described in this subdivision, no
government unit may construct a public building or facility on
the proposed airport site or within five miles of it until it
has submitted its plan for the building or facility to the
metropolitan council for review and comment as provided in this
subdivision.
Sec. 48. [473.637] [AIRCRAFT NOISE ZONES.]
Within 120 days after the selection and approval of a site
for a new major airport in the metropolitan area, the
metropolitan council shall determine the probable levels of
noise that will result in various parts of the metropolitan area
from the operation of aircraft using the site, shall establish
aircraft noise zones based on that determination and applicable
to property affected by the noise, and shall establish
acceptable levels of perceived noise decibels for each land use,
using the composite noise rating method and tables or the noise
exposure forecast method and tables. Each government unit
having power to adopt land use and development control measures
applicable to property included in any aircraft noise zone shall
adopt or incorporate in existing land use and development
control measures the applicable acceptable level of perceived
noise decibels established by the council, and shall adopt
whatever other control measures may be necessary to prevent the
use, construction, or improvement of property and buildings
subject to a level of perceived noise decibels in excess of the
acceptable level established for that land use. The council
shall mail a map showing the aircraft noise zones and a copy of
the applicable acceptable levels of perceived noise decibels to
the governing body of each government unit having authority to
adopt land use and development control measures applicable to
property in each aircraft noise zone, to the metropolitan
airports commission, and to the state commissioner of
transportation. The control measures adopted by a government
unit to comply with this section must be submitted to and
approved by the council and placed into effect by the government
unit as provided in section 473.215, subdivision 2. The council
may change the aircraft noise zones and the applicable
acceptable levels of perceived noise decibels to conform with
the actual levels of noise produced by aircraft using the
airport site when it is in operation, and may require changes in
control measures applicable to airport noise zones to conform
with changes made by it. No property may be used, and no
building or other structure may be constructed or improved,
within any aircraft noise zone if persons using the property and
buildings would be subjected to a level of perceived noise
decibels in excess of the acceptable level established by the
council for that land use.
Sec. 49. [473.638] [CONTROL MEASURE INVOLVING TAKING;
CONDEMNATION BY METROPOLITAN AIRPORTS COMMISSION.]
Subdivision 1. [EMINENT DOMAIN.] If either the provisions
or the application of section 473.215, subdivision 2, or any
land use and development control measure applicable to public or
private property in an airport development area is determined by
a court of competent jurisdiction to constitute a taking, the
metropolitan airports commission in the exercise of its power to
acquire lands for the airport has the power to acquire the
property or any similar property, or an interest in it, to the
extent needed for the application of the measure, by eminent
domain exercised in accordance with chapter 117. The right of
eminent domain must be exercised if the commission has or will
have funds to pay the condemnation award and the council
determines that it is necessary to protect the airport from
encroachment or hazards, to protect residents in the area, to
encourage the most appropriate use of property in the airport
development area, or to protect and conserve the natural
resources of the metropolitan area.
Subd. 2. [RETENTION OR SALE OF PROPERTY.] The commission
may retain any property now owned by it or acquired under
subdivision 1 and use it for a lawful purpose, or it may provide
for the sale or other disposition of the property in accordance
with a redevelopment plan in the same manner and upon the same
terms as the housing and redevelopment authority and governing
body of a municipality under the provisions of section 462.525,
all subject to the provisions of section 473.215, subdivision 2,
or to existing land use and development control measures
approved by the council.
Subd. 3. [SHARING OF COSTS.] The metropolitan airports
commission and any other government unit in the metropolitan
area may enter into an agreement under which the cost of
acquiring a property and the proceeds from the sale or other
disposition of it under subdivision 2 are to be shared by the
commission and such government unit. The commission, the
metropolitan council, or any government unit may also enter into
any agreements with the United States or the state of Minnesota,
or any agency or subdivision of either, and do all acts and
things required by state or federal law or rules as a condition
or consideration for the loan or grant of funds or property for
the purpose of land acquisition or improvement under
subdivisions 1 and 2.
Sec. 50. [473.639] [RELATION TO AIRPORT HAZARD ZONING.]
Sections 473.215 and 473.216 and any criteria, guidelines,
or land use and development control measure approved by the
council under those sections in no way supersede or limit the
powers conferred on a municipality to do airport hazard zoning,
or the commissioner of transportation by sections 360.061 to
360.073. Any criteria, guidelines, or land use and development
control measure approved by the council under section 473.215 or
473.216 must be consistent with any exercise of powers by the
commissioner under sections 360.061 to 360.093.
Sec. 51. [473.64] [GOVERNMENT UNITS IN AIRPORT DEVELOPMENT
AREA; TAX SHARING.]
The governing bodies of government units located wholly or
partly in an airport development area shall jointly study and
decide upon a plan for the sharing of property tax revenues
derived from property located in an airport development area.
If 80 percent of the government units having territory within
the airport development area agree upon a plan, the plan is
effective, and all government units shall enter into whatever
agreements may be necessary for this purpose. The plan,
however, may not impair the existing contract obligations of any
government unit. This section does not apply to the
metropolitan airports commission or the council.
Sec. 52. Minnesota Statutes 1984, section 473.704, is
amended by adding a subdivision to read:
Subd. 19. The commission, by December 15 of each
even-numbered year, shall prepare and submit to the legislature
a financial report that contains the information required by
section 18, subdivision 3, in a format consistent with the
consolidated financial report required by that subdivision.
Sec. 53. Minnesota Statutes 1984, section 473.711, is
amended by adding a subdivision to read:
Subd. 4. [CERTIFICATES OF INDEBTEDNESS.] The commission
may issue certificates of indebtedness in anticipation of the
collection and payment of a tax levied under this section in the
same manner as a statutory city under section 412.261 and use
their proceeds to accomplish its duties.
Sec. 54. Minnesota Statutes 1984, section 473.811,
subdivision 7, is amended to read:
Subd. 7. [JOINT ACTION.] Any local governmental unit or
metropolitan commission agency may act together with any county,
city, or town within or without the metropolitan area, or with
the pollution control agency or the waste management board under
the provisions of section 471.59 or any other appropriate law
providing for joint or cooperative action between government
units, to accomplish any purpose specified in sections 473.149,
473.151, and 473.801 to 473.823 and sections 473.827, 473.831,
473.833, 473.834, 116.05 and 115A.06.
Any agreement regarding data processing services relating
to the generation, management, identification, labeling,
classification, storage, collection, treatment, transportation,
processing or disposal of waste and entered into pursuant to
section 471.59, or other law authorizing joint or cooperative
action may provide that any party to the agreement may agree to
defend, indemnify and hold harmless any other party to the
agreement providing the services, including its employees,
officers or volunteers, against any judgments, expenses,
reasonable attorney's fees and amounts paid in settlement
actually and reasonably incurred in connection with any third
party claim or demand arising out of an alleged act or omission
by a party to the agreement, its employees, officers or
volunteers occurring in connection with any exchange, retention,
storage or processing of data, information or records required
by the agreement. Any liability incurred by a party to an
agreement under this subdivision shall be subject to the
limitations set forth in section 3.736 or 466.04.
Sec. 55. Minnesota Statutes 1984, section 473.823,
subdivision 3, is amended to read:
Subd. 3. [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] The
agency shall request applicants for solid waste facility permits
to submit all information deemed relevant by the council to its
review, including without limitation information relating to the
geographic areas and population served, the need, the effect on
existing facilities and services, the anticipated public cost
and benefit, the anticipated rates and charges, the manner of
financing, the effect on metropolitan plans and development
programs, the supply of waste, anticipated markets for any
product, and alternative means of disposal or energy
production. No permit may be issued for the operation of a
solid waste facility in the metropolitan area which is not in
accordance with the metropolitan council's solid waste policy
plan. The metropolitan council shall determine whether a permit
is in accordance with the policy plan. In making its
determination, the council shall consider the area-wide need and
benefit of the applicant facility and may consider, without
limitation, the effect of the applicant facility on existing and
planned solid waste facilities described in a waste control
commission development program implementation plan or county
report or master plan. If the council determines that a permit
is in accordance with its policy plan, the council shall approve
the permit. If the council determines that a permit is not in
accordance with its policy plan, it shall disapprove the
permit. The council's approval of permits may be subject to
conditions necessary to satisfy criteria and standards in its
policy plan, including conditions respecting the type,
character, and quantities of waste to be processed at a solid
waste facility used primarily for resource recovery and the
geographic territory from which a resource recovery facility or
transfer station serving such a facility may draw its waste.
For the purpose of this review and approval by the council, the
agency shall send a copy of each permit application and any
supporting information furnished by the applicant to the
metropolitan council within 15 days after receipt of the
application and all other information requested from the
applicant. Within 60 days after the application and supporting
information are received by the council, unless a time extension
is authorized by the agency, the council shall issue to the
agency in writing its determination whether the permit is
disapproved, approved, or approved with conditions. If the
council does not issue its determination to the agency within
the 60 day period, unless a time extension is authorized by the
agency, the permit shall be deemed to be in accordance with the
council's policy plan. No permit shall be issued in the
metropolitan area for a solid waste facility used primarily for
resource recovery or a transfer station serving such a facility,
if the facility or station is owned or operated by a public
agency or if the acquisition or betterment of the facility or
station is secured by public funds or obligations issued by a
public agency, unless the council finds and determines that
adequate markets exist for the products recovered and that
establishment of the facility is consistent with the criteria
and standards in the metropolitan and county plans respecting
the protection of existing resource recovery facilities and
transfer stations serving such facilities.
Sec. 56. Minnesota Statutes 1984, section 473.852,
subdivision 8, is amended to read:
Subd. 8. "Metropolitan system plans" means the airports
portion and transportation portions of the metropolitan
development guide, and the policy plans, development programs
implementation plans, and capital budgets for metropolitan waste
control, transportation, and regional recreation open space.
Sec. 57. [REPORT.]
The report required in 1986 by section 18, subdivision 3,
of this act should be in the scope and detail that the council,
in consultation with the advisory committee, deems appropriate
and practicable.
Sec. 58. [EXISTING PLANS.]
Existing plans and development programs of the council and
affected agencies remain in effect until expressly superseded by
plans adopted in accordance with this act.
Sec. 59. [REPEALER.]
Minnesota Statutes 1984, sections 473.01; 473.02; 473.03;
473.04; 473.05; 473.06; 473.07; 473.08; 473.09; 473.10; 473.11;
473.121, subdivisions 7 and 9; 473.128; 473.163, subdivisions 3
and 4; 473.193; 473.203; 473.215; 473.216; 473.217; 473.218;
473.219; 473.373, subdivision 3; 473.377, subdivisions 2 and 3;
473.38, subdivision 1; 473.502; 473.523, subdivision 3; and
473.802 are repealed.
Sec. 60. [APPLICATION.]
Sections 1 to 59 of this act apply in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sections 13 to 17 of this act are effective for plans and plan
amendments adopted after January 1, 1987, and do not apply to
the amendments to the transportation policy plan and transit
implementation plan required to be adopted in 1986 by Laws 1984,
chapter 654, article 3, sections 108 and 118.
Approved March 25, 1986
Official Publication of the State of Minnesota
Revisor of Statutes