Bill Text: MN HF2663 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Metropolitan Council obsolete governing provisions repealed, and conforming technical changes made.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-28 - HF indefinitely postponed [HF2663 Detail]
Download: Minnesota-2013-HF2663-Engrossed.html
1.2relating to metropolitan government; repealing obsolete provisions governing
1.3the Metropolitan Council; making certain conforming technical changes;
1.4amending Minnesota Statutes 2012, sections 473.123, subdivision 4; 473.125;
1.5473.129, subdivisions 6, 12; 473.173, subdivision 2; 473.181, subdivision 2;
1.6473.254, subdivisions 3a, 4, 5; 473.315, subdivision 1; 473.375, subdivision 11;
1.7473.39, subdivision 1e; 473.391, subdivision 1; 473.405, subdivision 5; 473.42;
1.8473.504, subdivisions 5, 11; 473.858, subdivision 1; 473.859, subdivision 6;
1.9473.861, subdivision 2; 473.862, subdivision 2; repealing Minnesota Statutes
1.102012, sections 473.123, subdivision 7; 473.13, subdivision 1c; 473.23; 473.241;
1.11473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2; 473.326;
1.12473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392;
1.13473.516, subdivision 5; 473.523, subdivision 2; 473.535; 473.852, subdivision
1.1411; Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2012, section 473.123, subdivision 4, is amended to read:
1.17 Subd. 4. Chair; appointment, officers, selection; duties and compensation. (a)
1.18The chair of the Metropolitan Council shall be appointed by the governor as the 17th
1.19voting member thereof by and with the advice and consent of the senate to serve at the
1.20pleasure of the governor to represent the metropolitan area at large. Senate confirmation
1.21shall be as provided by section15.066 .
1.22The chair of the Metropolitan Council shall, if present, preside at meetings of the
1.23council, have the primary responsibility for meeting with local elected officials, serve as
1.24the principal legislative liaison, present to the governor and the legislature, after council
1.25approval, the council's plans for regional governance and operations, serve as the principal
1.26spokesperson of the council, and perform other duties assigned by the council or by law.
1.27(b) The Metropolitan Council shall elect other officers as it deems necessary for the
1.28conduct of its affairs for a one-year term. A secretary and treasurer need not be members
2.1of the Metropolitan Council. Meeting times and places shall be fixed by the Metropolitan
2.2Council and special meetings may be called by a majority of the members of the
2.3Metropolitan Council or by the chair. The chair and each Metropolitan Council member
2.4shall be reimbursed for actual and necessary expenses.The annual budget of the council
2.5shall provide as a separate account anticipated expenditures for compensation, travel, and
2.6associated expenses for the chair and members, and compensation or reimbursement shall
2.7be made to the chair and members only when budgeted.
2.8(c) Each member of the council shall attend and participate in council meetings
2.9and meet regularly with local elected officials and legislative members from the council
2.10member's district. Each council member shall serve on at least one division committee for
2.11transportation, environment, or community development.
2.12(d) In the performance of its duties the Metropolitan Council may adopt policies
2.13and procedures governing its operation, establish committees, and, when specifically
2.14authorized by law, make appointments to other governmental agencies and districts.
2.15 Sec. 2. Minnesota Statutes 2012, section 473.125, is amended to read:
2.16473.125 REGIONAL ADMINISTRATOR.
2.17The Metropolitan Council shall appoint a regional administrator to serve at
2.18the council's pleasure as the principal administrative officer for the Metropolitan
2.19Council. The regional administrator shall organize the work of the council staff. The
2.20regional administrator shall appoint on the basis of merit and fitness, and discipline and
2.21discharge all employees in accordance with the council's personnel policy, except(1) the
2.22performance and budget analysts provided for in section
473.123, subdivision 7, (2) the
2.23general counsel, as provided in section473.123, subdivision 8 , (3) employees of the
2.24offices of wastewater services and transit operations, who are appointed, disciplined, and
2.25discharged in accordance with council personnel policies by their respective operations
2.26managers, and (4) metropolitan transit police officers. The regional administrator must
2.27ensure that all policy decisions of the council are carried out. The regional administrator
2.28shall attend meetings of the council and may take part in discussions but may not vote.
2.29The regional administrator shall recommend to the council for adoption measures deemed
2.30necessary for efficient administration of the council, keep the council fully apprised of
2.31the financial condition of the council, and prepare and submit an annual budget to the
2.32council for approval. The regional administrator shall prepare and submit for approval by
2.33the council an administrative code organizing and codifying the policies of the council,
2.34and perform other duties as prescribed by the council. The regional administrator may be
3.1chosen from among the citizens of the nation at large, and shall be selected on the basis of
3.2training and experience in public administration.
3.3 Sec. 3. Minnesota Statutes 2012, section 473.129, subdivision 6, is amended to read:
3.4 Subd. 6. On metro agencies.(a) The Metropolitan Council shall appoint from its
3.5membership a member to serve with each metropolitan agency. Each member of the
3.6Metropolitan Council so appointed on each of such agencies shall serve without a vote.
3.7(b) The Metropolitan Council shall also appoint individuals to the governing body
3.8of the cable communications metropolitan interconnected regional channel entity under
3.9section
238.43, subdivision 5.
3.10 Sec. 4. Minnesota Statutes 2012, section 473.129, subdivision 12, is amended to read:
3.11 Subd. 12. Best value procurement alternative. (a) Notwithstanding the provisions
3.12of section471.345 , the council may award a contract for the purchase of transit vehicles
3.13to the vendor or contractor offering the best value under a request for proposals. For the
3.14purposes of this subdivision, "transit vehicles" means buses and coaches, commuter rail
3.15locomotives and coach cars, light rail vehicles, and paratransit vehicles that are used to
3.16provide transit and special transportation service pursuant to sections473.371 to
473.449 .
3.17(b) For the purposes of this subdivision, "best value" describes a result intended in
3.18the acquisition of goods and services described in paragraph (a). Price must be one of
3.19the evaluation criteriawhen acquiring such goods and services. Other evaluation criteria
3.20may include, but are not limited to, environmental considerations, quality, and vendor or
3.21contractor performance.A best value determination must be based on The evaluation
3.22criteriadetailed must be included in the solicitation document. If criteria other than
3.23price are used, the solicitation document must state as well as the relative importance of
3.24price and other factors.
3.25 Sec. 5. Minnesota Statutes 2012, section 473.173, subdivision 2, is amended to read:
3.26 Subd. 2. Rules.By September 1, 1976, The council shall adopt and put into effect
3.27rules establishing standards, guidelines and procedures for determining whether any
3.28proposed matter is of metropolitan significance, and establishing a procedure for the review
3.29of and final determination on such matters in accordance with the powers and requirements
3.30set forth in this section. The purpose of these rules shall be to promote the orderly and
3.31economic economical development, public and private, of the metropolitan area.
3.32 Sec. 6. Minnesota Statutes 2012, section 473.181, subdivision 2, is amended to read:
4.1 Subd. 2. Parks. The council shall review local government park master plans
4.2pursuant to section473.313 . The Metropolitan Council shall approve the use of moneys
4.3made available for land acquisition to local units of government from the land and
4.4conservation fund, the open space program of HUD, the natural resources account in the
4.5state treasury, if the use thereof conforms with the system of priorities established by
4.6law as part of a comprehensive plan for the development of parks; otherwise it shall
4.7disapprove of the use thereof.
4.8 Sec. 7. Minnesota Statutes 2012, section 473.254, subdivision 3a, is amended to read:
4.9 Subd. 3a. Affordable, life-cycle housing opportunities amountafter 2002.
4.10(1) Notwithstanding any other provisions of this section, commencing for calendar
4.11year 2003 and each succeeding calendar year, (a) Each municipality's "affordable and
4.12life-cycle housing opportunities amount" for that year must be determined annually by
4.13the council using the method in this subdivision. The affordable and life-cycle housing
4.14opportunities amount must be determined for each calendar year for all municipalities
4.15in the metropolitan area.
4.16(2) (b) The council must allocate to each municipality its portion of the $1,000,000
4.17of the revenue generated by the levy authorized in section473.249 which is credited to the
4.18local housing incentives account pursuant to subdivision 5, paragraph (b). The allocation
4.19must be made by determining the amount levied for and payable in each municipality in
4.20the previous calendar year pursuant to the council levy in section473.249 divided by the
4.21total amount levied for and payable in the metropolitan area in the previous calendar year
4.22pursuant to such levy and multiplying that result by $1,000,000.
4.23(3) (c) The council must also determine the amount levied for and payable in
4.24each municipality in the previous calendar year pursuant to the council levy in section
4.25473.253, subdivision 1
.
4.26(4) (d) A municipality's affordable and life-cycle housing opportunities amount
4.27for the calendar year is the sum of the amounts determined underclauses (2) and (3)
4.28 paragraphs (b) and (c).
4.29(5) Within 90 days after the effective date of this act, the council must notify each
4.30municipality of its affordable and life-cycle housing opportunities amount for calendar
4.31years 2003 and 2004 as determined by the method in this subdivision. These amounts
4.32replace the affordable and life-cycle housing opportunities amount for each municipality
4.33for calendar years 2003 and 2004 as previously determined by the method in subdivision 3.
5.1(6) (e) By August 1, 2004, and by August 1 of each succeeding year, the council
5.2must notify each municipality of its affordable and life-cycle housing opportunities
5.3amount for the following calendar year determined by the method in this subdivision.
5.4 Sec. 8. Minnesota Statutes 2012, section 473.254, subdivision 4, is amended to read:
5.5 Subd. 4. Affordable and life-cycle housing requirement.In 1998, and thereafter,
5.6 (a) A municipality that does not spend 85 percent of its affordable and life-cycle housing
5.7opportunities amount to create affordable and life-cycle housing opportunities in the
5.8previous calendar year must do one of the following with the affordable and life-cycle
5.9housing opportunities amount for the previous year as determined under subdivision3
5.10or 3a, as applicable:
5.11(1) distribute it to the local housing incentives account; or
5.12(2) distribute it to the housing and redevelopment authority of the city or county in
5.13which the municipality is located to create affordable and life-cycle housing opportunities
5.14in the municipality.
5.15(b) A municipality may enter into agreements with adjacent municipalities to
5.16cooperatively provide affordable and life-cycle housing. The housing may be provided
5.17in any of the cooperating municipalities, but must meet the combined housing goals of
5.18each participating municipality.
5.19 Sec. 9. Minnesota Statutes 2012, section 473.254, subdivision 5, is amended to read:
5.20 Subd. 5. Sources of funds. (a) The council shall credit to the local housing
5.21incentives account any revenues derived from municipalities under subdivision 4,
5.22paragraph(b) (a), clause (1).
5.23(b)The council shall credit $1,000,000 of the proceeds of solid waste bonds issued
5.24by the council under Minnesota Statutes, section
473.831, before its repeal, to the local
5.25housing incentives account in the metropolitan livable communities fund. In 1998 and each
5.26year thereafter, The council shall annually credit $1,000,000 of the revenues generated by
5.27the levy authorized in section473.249 to the local housing incentives account.
5.28(c)In 1997, and each year thereafter, The council shall annually transfer $500,000
5.29from the livable communities demonstration account to the local housing incentives
5.30account.
5.31 Sec. 10. Minnesota Statutes 2012, section 473.315, subdivision 1, is amended to read:
5.32 Subdivision 1. To metro local governments. The Metropolitan Council with the
5.33advice of the commission may make grants, from any funds available to it for recreation
6.1open space purposes, to anymunicipality, park district or county located wholly or
6.2partially within the metropolitan area implementing agency, as defined in section 473.351,
6.3to cover the cost, or any portion of the cost, of acquiring or developing regional recreation
6.4open space in accordance with the policy plan; and all such agencies may enter into
6.5contracts for this purpose or rights or interests therein. The cost of acquisition shall
6.6include any payments required for relocation pursuant to sections117.50 to
117.56 .
6.7 Sec. 11. Minnesota Statutes 2012, section 473.375, subdivision 11, is amended to read:
6.8 Subd. 11. Ride sharing. The council shall administer a ride-sharing program in
6.9the metropolitan area, except for the statewide vanpool leasing program conducted by the
6.10commissioner of transportation and shall cooperate with the commissioner in the conduct
6.11of ride-sharing activities in areas where the commissioner's programs and the council's
6.12program overlap.The council shall establish a rideshare advisory committee to advise it in
6.13carrying out the program. The council may contract for services in operating the program.
6.14 Sec. 12. Minnesota Statutes 2012, section 473.39, subdivision 1e, is amended to read:
6.15 Subd. 1e. Obligations; additional authority. In addition to the authority in
6.16subdivisions 1a, 1b, 1c, and 1d, the council may issue certificates of indebtedness, bonds,
6.17or other obligations under this section in an amount not exceeding $32,500,000, which may
6.18be used for capital expenditures as prescribed in the council's transit capital improvement
6.19program and for related costs, including the costs of issuance and sale of the obligations.
6.20The Metropolitan Council, the city of St. Paul, and the Minnesota Department
6.21of Transportation shall jointly assess the feasibility of locating a bus storage facility
6.22near Mississippi and Cayuga Street and I-35E in St. Paul. If the metropolitan council
6.23determines feasibility, the first priority for siting must be at that location.
6.24 Sec. 13. Minnesota Statutes 2012, section 473.391, subdivision 1, is amended to read:
6.25 Subdivision 1. Contracts. The council may contract with other operators or local
6.26governments for route planning and scheduling services in any configuration of new
6.27or reconfiguration of existing transit services and routes, including route planning and
6.28scheduling necessary for the test marketing program, the service bidding program, and the
6.29interstate highway described generally as Legislative Routes Nos. 10 and 107 between
6.30I-494 and the Hawthorne interchange in the city of Minneapolis, commonly known as I-394.
6.31 Sec. 14. Minnesota Statutes 2012, section 473.405, subdivision 5, is amended to read:
7.1 Subd. 5. Acquisition of transit systems. The council may acquire by purchase,
7.2lease, gift, or condemnation proceedings any existing public transit system or any part
7.3thereof, including all or any part of the plant, equipment, shares of stock, property, real,
7.4personal, or mixed, rights in property, reserve funds, special funds, franchises, licenses,
7.5patents, permits and papers, documents and records belonging to any operator of a public
7.6transit system within the metropolitan area, and may in connection therewith assume any
7.7or all liabilities of any operator of a public transit system. The council may take control of
7.8and operate a system immediately following the filing and approval of the initial petition
7.9for condemnation, if the council, in its discretion, determines this to be necessary, and
7.10may take possession of all right, title and other powers of ownership in all properties
7.11and facilities described in the petition. Control must be taken by resolution which is
7.12effective upon service of a copy on the condemnee and the filing of the resolution in
7.13the condemnation action. In the determination of the fair value of the existing public
7.14transit system, there must not be included any value attributable to expenditures for
7.15improvements made by the former Metropolitan Transit Commission or council.
7.16The council may continue or terminate within three months of acquisition any
7.17advertising contract in existence by and between any advertiser and a transit system that
7.18the council has acquired. If the council determines to terminate the advertising contract,
7.19it shall acquire all of the advertiser's rights under the contract by purchase or eminent
7.20domain proceedings as provided by law.
7.21 Sec. 15. Minnesota Statutes 2012, section 473.42, is amended to read:
7.22473.42 EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.
7.23Notwithstanding any contrary provisions of section352.029 , the council shall make
7.24the employer contributions required pursuant to section352.04, subdivision 3 , for any
7.25employee who was on authorized leave of absence from the transit operating division of the
7.26former Metropolitan Transit Commission who is employed by the labor organization which
7.27is the exclusive bargaining agent representing Metro Transit Division employees of the
7.28Office of Transit Operations council and who is covered by the Minnesota State Retirement
7.29System in addition to all other employer contributions the council is required to make.
7.30 Sec. 16. Minnesota Statutes 2012, section 473.504, subdivision 5, is amended to read:
7.31 Subd. 5. Gifts, grants, loans. The council may accept gifts, may apply for and
7.32accept grants or loans of money or other property from the United States, the state, or any
7.33person for any of its purposes, including any grant available under the federal Water
7.34Pollution Act amendments of 1972, whether for construction, research, or pilot project
8.1implementation, may enter into any agreement required in connection therewith, and may
8.2hold, use, and dispose of such money or property in accordance with the terms of the gift,
8.3grant, loan, or agreement relating thereto.The council has all powers necessary to comply
8.4with the federal Water Pollution Control Act amendments of 1972 and any grant offered to
8.5it thereunder including, but not limited to, the power to enter into such contracts with,
8.6or to impose such charges upon, persons using the metropolitan disposal system as it
8.7shall determine to be necessary for the recovery of treatment works and interceptor costs
8.8paid with federal grant funds. Insofar as possible these costs shall be recovered by local
8.9government units on behalf of the council.
8.10 Sec. 17. Minnesota Statutes 2012, section 473.504, subdivision 11, is amended to read:
8.11 Subd. 11. Surplus property. The council may sell or otherwise dispose of any real
8.12or personal property acquired by it which is no longer required for accomplishment of its
8.13purposes.Such property may be sold in the manner provided by section
469.065, insofar
8.14as practical. The council may give such notice of sale as it shall deem appropriate. When
8.15the council determines that any property or any interceptor or treatment works or any part
8.16thereof which has been acquired from a local government unit without compensation is no
8.17longer required, but is required as a local facility by the government unit from which it
8.18was acquired, the council may by resolution transfer it to such government unit.
8.19 Sec. 18. Minnesota Statutes 2012, section 473.858, subdivision 1, is amended to read:
8.20 Subdivision 1. No conflicting zoning, fiscal device, official control. Within nine
8.21months following the receipt of a metropolitan system statement for an amendment to a
8.22metropolitan system plan and within three years following the receipt of a metropolitan
8.23system statement issued in conjunction with the decennial review required under section
8.24473.864, subdivision 2
, every local governmental unit shall have reviewed and, if
8.25necessary, amended its comprehensive plan in accordance with sections462.355 ,
473.175 ,
8.26and473.851 to
473.871 and the applicable planning statute and shall have submitted the
8.27plan to the Metropolitan Council for review pursuant to section473.175 . The provisions
8.28of sections462.355 ,
473.175 , and
473.851 to
473.871 shall supersede the provisions of the
8.29applicable planning statute wherever a conflict may exist. If the comprehensive municipal
8.30plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into
8.31conformance with the plan by local government units in conjunction with the review
8.32and, if necessary, amendment of its comprehensive plan required under section473.864,
8.33subdivision 2 . After August 1, 1995, A local government unit shall not adopt any fiscal
8.34device or official control which is in conflict with its comprehensive plan, including any
9.1amendments to the plan, or which permits activity in conflict with metropolitan system
9.2plans, as defined by section473.852, subdivision 8 . The comprehensive plan shall provide
9.3guidelines for the timing and sequence of the adoption of official controls to ensure planned,
9.4orderly, and staged development and redevelopment consistent with the comprehensive
9.5plan. For purposes of this section, a fiscal device or official control shall not be considered
9.6to be in conflict with a local government unit's comprehensive plan or to permit an activity
9.7in conflict with metropolitan system plans if such fiscal device or official control is adopted
9.8to ensure the planned, orderly, and staged development of urbanization or redevelopment
9.9areas designated in the comprehensive plan pursuant to section473.859, subdivision 5 .
9.10 Sec. 19. Minnesota Statutes 2012, section 473.859, subdivision 6, is amended to read:
9.11 Subd. 6. Plan review. The council shall, by January 1, 1994, prepare guidelines
9.12for the preparation of the water supply plans required in subdivision 3, clause (4). The
9.13plans must be submitted to the councilby January 1, 1996 as part of the decennial review
9.14required under section 473.864, subdivision 2. The council shall review the plans under
9.15section473.175, subdivision 1 , after submitting them to affected counties that have
9.16adopted groundwater plans under section103B.255 for their review and comment.
9.17 Sec. 20. Minnesota Statutes 2012, section 473.861, subdivision 2, is amended to read:
9.18 Subd. 2.By 1976 Plan preparation. By December 31, 1976, Each town within
9.19the counties of Anoka, Carver, Dakota, Scott and Washington, authorized to plan under
9.20sections462.351 to
462.364 , or under special law, shall by resolution determine whether it
9.21will prepare the comprehensive plan for its jurisdiction. Each such town also shall specify,
9.22pursuant to agreement with the county within which it is situated, any parts of its plan and
9.23official controls, if any, the preparation of which it delegates to the county.
9.24 Sec. 21. Minnesota Statutes 2012, section 473.862, subdivision 2, is amended to read:
9.25 Subd. 2.Towns with no plan by 1976 Town planning. Each county other than
9.26Hennepin, Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance
9.27of the town, the comprehensive plan for any town within the county whichfails by
9.28December 31, 1976, to take has not taken action by resolution pursuant to section
473.861,
9.29subdivision 2 and shall prepare all or part of any plan delegated to it pursuant to section
9.30473.861, subdivision 2
.
9.31 Sec. 22. REPEALER.
10.1Minnesota Statutes 2012, sections 473.123, subdivision 7; 473.13, subdivision 1c;
10.2473.23; 473.241; 473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2;
10.3473.326; 473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392;
10.4473.516, subdivision 5; 473.523, subdivision 2; 473.535; and 473.852, subdivision 11,
10.5 and Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9, are repealed.
10.6 Sec. 23. APPLICATION.
10.7This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
10.8Scott, and Washington.
1.3the Metropolitan Council; making certain conforming technical changes;
1.4amending Minnesota Statutes 2012, sections 473.123, subdivision 4; 473.125;
1.5473.129, subdivisions 6, 12; 473.173, subdivision 2; 473.181, subdivision 2;
1.6473.254, subdivisions 3a, 4, 5; 473.315, subdivision 1; 473.375, subdivision 11;
1.7473.39, subdivision 1e; 473.391, subdivision 1; 473.405, subdivision 5; 473.42;
1.8473.504, subdivisions 5, 11; 473.858, subdivision 1; 473.859, subdivision 6;
1.9473.861, subdivision 2; 473.862, subdivision 2; repealing Minnesota Statutes
1.102012, sections 473.123, subdivision 7; 473.13, subdivision 1c; 473.23; 473.241;
1.11473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2; 473.326;
1.12473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392;
1.13473.516, subdivision 5; 473.523, subdivision 2; 473.535; 473.852, subdivision
1.1411; Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2012, section 473.123, subdivision 4, is amended to read:
1.17 Subd. 4. Chair; appointment, officers, selection; duties and compensation. (a)
1.18The chair of the Metropolitan Council shall be appointed by the governor as the 17th
1.19voting member thereof by and with the advice and consent of the senate to serve at the
1.20pleasure of the governor to represent the metropolitan area at large. Senate confirmation
1.21shall be as provided by section
1.22The chair of the Metropolitan Council shall, if present, preside at meetings of the
1.23council, have the primary responsibility for meeting with local elected officials, serve as
1.24the principal legislative liaison, present to the governor and the legislature, after council
1.25approval, the council's plans for regional governance and operations, serve as the principal
1.26spokesperson of the council, and perform other duties assigned by the council or by law.
1.27(b) The Metropolitan Council shall elect other officers as it deems necessary for the
1.28conduct of its affairs for a one-year term. A secretary and treasurer need not be members
2.1of the Metropolitan Council. Meeting times and places shall be fixed by the Metropolitan
2.2Council and special meetings may be called by a majority of the members of the
2.3Metropolitan Council or by the chair. The chair and each Metropolitan Council member
2.4shall be reimbursed for actual and necessary expenses.
2.5
2.6
2.7
2.8(c) Each member of the council shall attend and participate in council meetings
2.9and meet regularly with local elected officials and legislative members from the council
2.10member's district. Each council member shall serve on at least one division committee for
2.11transportation, environment, or community development.
2.12(d) In the performance of its duties the Metropolitan Council may adopt policies
2.13and procedures governing its operation, establish committees, and, when specifically
2.14authorized by law, make appointments to other governmental agencies and districts.
2.15 Sec. 2. Minnesota Statutes 2012, section 473.125, is amended to read:
2.16473.125 REGIONAL ADMINISTRATOR.
2.17The Metropolitan Council shall appoint a regional administrator to serve at
2.18the council's pleasure as the principal administrative officer for the Metropolitan
2.19Council. The regional administrator shall organize the work of the council staff. The
2.20regional administrator shall appoint on the basis of merit and fitness, and discipline and
2.21discharge all employees in accordance with the council's personnel policy, except
2.22
2.23general counsel, as provided in section
2.24
2.25
2.26
2.27ensure that all policy decisions of the council are carried out. The regional administrator
2.28shall attend meetings of the council and may take part in discussions but may not vote.
2.29The regional administrator shall recommend to the council for adoption measures deemed
2.30necessary for efficient administration of the council, keep the council fully apprised of
2.31the financial condition of the council, and prepare and submit an annual budget to the
2.32council for approval. The regional administrator shall prepare and submit for approval by
2.33the council an administrative code organizing and codifying the policies of the council,
2.34and perform other duties as prescribed by the council. The regional administrator may be
3.1chosen from among the citizens of the nation at large, and shall be selected on the basis of
3.2training and experience in public administration.
3.3 Sec. 3. Minnesota Statutes 2012, section 473.129, subdivision 6, is amended to read:
3.4 Subd. 6. On metro agencies.
3.5membership a member to serve with each metropolitan agency. Each member of the
3.6Metropolitan Council so appointed on each of such agencies shall serve without a vote.
3.7
3.8
3.9
3.10 Sec. 4. Minnesota Statutes 2012, section 473.129, subdivision 12, is amended to read:
3.11 Subd. 12. Best value procurement alternative. (a) Notwithstanding the provisions
3.12of section
3.13to the vendor or contractor offering the best value under a request for proposals. For the
3.14purposes of this subdivision, "transit vehicles" means buses and coaches, commuter rail
3.15locomotives and coach cars, light rail vehicles, and paratransit vehicles that are used to
3.16provide transit and special transportation service pursuant to sections
3.17(b) For the purposes of this subdivision, "best value" describes a result intended in
3.18the acquisition of goods and services described in paragraph (a). Price must be one of
3.19the evaluation criteria
3.20may include, but are not limited to, environmental considerations, quality, and vendor or
3.21contractor performance.
3.22criteria
3.23
3.24price and other factors.
3.25 Sec. 5. Minnesota Statutes 2012, section 473.173, subdivision 2, is amended to read:
3.26 Subd. 2. Rules.
3.27rules establishing standards, guidelines and procedures for determining whether any
3.28proposed matter is of metropolitan significance, and establishing a procedure for the review
3.29of and final determination on such matters in accordance with the powers and requirements
3.30set forth in this section. The purpose of these rules shall be to promote the orderly and
3.31
3.32 Sec. 6. Minnesota Statutes 2012, section 473.181, subdivision 2, is amended to read:
4.1 Subd. 2. Parks. The council shall review local government park master plans
4.2pursuant to section
4.3
4.4
4.5
4.6
4.7
4.8 Sec. 7. Minnesota Statutes 2012, section 473.254, subdivision 3a, is amended to read:
4.9 Subd. 3a. Affordable, life-cycle housing opportunities amount
4.10
4.11
4.12life-cycle housing opportunities amount" for that year must be determined annually by
4.13the council using the method in this subdivision. The affordable and life-cycle housing
4.14opportunities amount must be determined for each calendar year for all municipalities
4.15in the metropolitan area.
4.16
4.17of the revenue generated by the levy authorized in section
4.18local housing incentives account pursuant to subdivision 5, paragraph (b). The allocation
4.19must be made by determining the amount levied for and payable in each municipality in
4.20the previous calendar year pursuant to the council levy in section
4.21total amount levied for and payable in the metropolitan area in the previous calendar year
4.22pursuant to such levy and multiplying that result by $1,000,000.
4.23
4.24each municipality in the previous calendar year pursuant to the council levy in section
4.26
4.27for the calendar year is the sum of the amounts determined under
4.28 paragraphs (b) and (c).
4.29
4.30
4.31
4.32
4.33
5.1
5.2must notify each municipality of its affordable and life-cycle housing opportunities
5.3amount for the following calendar year determined by the method in this subdivision.
5.4 Sec. 8. Minnesota Statutes 2012, section 473.254, subdivision 4, is amended to read:
5.5 Subd. 4. Affordable and life-cycle housing requirement.
5.6 (a) A municipality that does not spend 85 percent of its affordable and life-cycle housing
5.7opportunities amount to create affordable and life-cycle housing opportunities in the
5.8previous calendar year must do one of the following with the affordable and life-cycle
5.9housing opportunities amount for the previous year as determined under subdivision
5.10
5.11(1) distribute it to the local housing incentives account; or
5.12(2) distribute it to the housing and redevelopment authority of the city or county in
5.13which the municipality is located to create affordable and life-cycle housing opportunities
5.14in the municipality.
5.15(b) A municipality may enter into agreements with adjacent municipalities to
5.16cooperatively provide affordable and life-cycle housing. The housing may be provided
5.17in any of the cooperating municipalities, but must meet the combined housing goals of
5.18each participating municipality.
5.19 Sec. 9. Minnesota Statutes 2012, section 473.254, subdivision 5, is amended to read:
5.20 Subd. 5. Sources of funds. (a) The council shall credit to the local housing
5.21incentives account any revenues derived from municipalities under subdivision 4,
5.22paragraph
5.23(b)
5.24
5.25
5.26
5.27the levy authorized in section
5.28(c)
5.29from the livable communities demonstration account to the local housing incentives
5.30account.
5.31 Sec. 10. Minnesota Statutes 2012, section 473.315, subdivision 1, is amended to read:
5.32 Subdivision 1. To metro local governments. The Metropolitan Council with the
5.33advice of the commission may make grants, from any funds available to it for recreation
6.1open space purposes, to any
6.2
6.3to cover the cost, or any portion of the cost, of acquiring or developing regional recreation
6.4open space in accordance with the policy plan; and all such agencies may enter into
6.5contracts for this purpose or rights or interests therein. The cost of acquisition shall
6.6include any payments required for relocation pursuant to sections
6.7 Sec. 11. Minnesota Statutes 2012, section 473.375, subdivision 11, is amended to read:
6.8 Subd. 11. Ride sharing. The council shall administer a ride-sharing program in
6.9the metropolitan area, except for the statewide vanpool leasing program conducted by the
6.10commissioner of transportation and shall cooperate with the commissioner in the conduct
6.11of ride-sharing activities in areas where the commissioner's programs and the council's
6.12program overlap.
6.13
6.14 Sec. 12. Minnesota Statutes 2012, section 473.39, subdivision 1e, is amended to read:
6.15 Subd. 1e. Obligations; additional authority. In addition to the authority in
6.16subdivisions 1a, 1b, 1c, and 1d, the council may issue certificates of indebtedness, bonds,
6.17or other obligations under this section in an amount not exceeding $32,500,000, which may
6.18be used for capital expenditures as prescribed in the council's transit capital improvement
6.19program and for related costs, including the costs of issuance and sale of the obligations.
6.20
6.21
6.22
6.23
6.24 Sec. 13. Minnesota Statutes 2012, section 473.391, subdivision 1, is amended to read:
6.25 Subdivision 1. Contracts. The council may contract with other operators or local
6.26governments for route planning and scheduling services in any configuration of new
6.27or reconfiguration of existing transit services and routes
6.28
6.29
6.30
6.31 Sec. 14. Minnesota Statutes 2012, section 473.405, subdivision 5, is amended to read:
7.1 Subd. 5. Acquisition of transit systems. The council may acquire by purchase,
7.2lease, gift, or condemnation proceedings any existing public transit system or any part
7.3thereof, including all or any part of the plant, equipment, shares of stock, property, real,
7.4personal, or mixed, rights in property, reserve funds, special funds, franchises, licenses,
7.5patents, permits and papers, documents and records belonging to any operator of a public
7.6transit system within the metropolitan area, and may in connection therewith assume any
7.7or all liabilities of any operator of a public transit system. The council may take control of
7.8and operate a system immediately following the filing and approval of the initial petition
7.9for condemnation, if the council, in its discretion, determines this to be necessary, and
7.10may take possession of all right, title and other powers of ownership in all properties
7.11and facilities described in the petition. Control must be taken by resolution which is
7.12effective upon service of a copy on the condemnee and the filing of the resolution in
7.13the condemnation action. In the determination of the fair value of the existing public
7.14transit system, there must not be included any value attributable to expenditures for
7.15improvements made by the former Metropolitan Transit Commission or council.
7.16
7.17
7.18
7.19
7.20
7.21 Sec. 15. Minnesota Statutes 2012, section 473.42, is amended to read:
7.22473.42 EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.
7.23Notwithstanding any contrary provisions of section
7.24the employer contributions required pursuant to section
7.25employee who was on authorized leave of absence from the transit operating division of the
7.26former Metropolitan Transit Commission who is employed by the labor organization which
7.27is the exclusive bargaining agent representing Metro Transit Division employees of the
7.28
7.29System in addition to all other employer contributions the council is required to make.
7.30 Sec. 16. Minnesota Statutes 2012, section 473.504, subdivision 5, is amended to read:
7.31 Subd. 5. Gifts, grants, loans. The council may accept gifts, may apply for and
7.32accept grants or loans of money or other property from the United States, the state, or any
7.33person for any of its purposes
7.34
8.1implementation, may enter into any agreement required in connection therewith, and may
8.2hold, use, and dispose of such money or property in accordance with the terms of the gift,
8.3grant, loan, or agreement relating thereto.
8.4
8.5
8.6
8.7
8.8
8.9
8.10 Sec. 17. Minnesota Statutes 2012, section 473.504, subdivision 11, is amended to read:
8.11 Subd. 11. Surplus property. The council may sell or otherwise dispose of any real
8.12or personal property acquired by it which is no longer required for accomplishment of its
8.13purposes.
8.14
8.15
8.16
8.17
8.18
8.19 Sec. 18. Minnesota Statutes 2012, section 473.858, subdivision 1, is amended to read:
8.20 Subdivision 1. No conflicting zoning, fiscal device, official control. Within nine
8.21months following the receipt of a metropolitan system statement for an amendment to a
8.22metropolitan system plan and within three years following the receipt of a metropolitan
8.23system statement issued in conjunction with the decennial review required under section
8.25necessary, amended its comprehensive plan in accordance with sections
8.26and
8.27plan to the Metropolitan Council for review pursuant to section
8.28of sections
8.29applicable planning statute wherever a conflict may exist. If the comprehensive municipal
8.30plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into
8.31conformance with the plan by local government units in conjunction with the review
8.32and, if necessary, amendment of its comprehensive plan required under section
8.33subdivision 2
8.34device or official control which is in conflict with its comprehensive plan, including any
9.1amendments to the plan, or which permits activity in conflict with metropolitan system
9.2plans, as defined by section
9.3guidelines for the timing and sequence of the adoption of official controls to ensure planned,
9.4orderly, and staged development and redevelopment consistent with the comprehensive
9.5plan. For purposes of this section, a fiscal device or official control shall not be considered
9.6to be in conflict with a local government unit's comprehensive plan or to permit an activity
9.7in conflict with metropolitan system plans if such fiscal device or official control is adopted
9.8to ensure the planned, orderly, and staged development of urbanization or redevelopment
9.9areas designated in the comprehensive plan pursuant to section
9.10 Sec. 19. Minnesota Statutes 2012, section 473.859, subdivision 6, is amended to read:
9.11 Subd. 6. Plan review. The council shall
9.12for the preparation of the water supply plans required in subdivision 3, clause (4). The
9.13plans must be submitted to the council
9.14required under section 473.864, subdivision 2. The council shall review the plans under
9.15section
9.16adopted groundwater plans under section
9.17 Sec. 20. Minnesota Statutes 2012, section 473.861, subdivision 2, is amended to read:
9.18 Subd. 2.
9.19the counties of Anoka, Carver, Dakota, Scott and Washington, authorized to plan under
9.20sections
9.21will prepare the comprehensive plan for its jurisdiction. Each such town also shall specify,
9.22pursuant to agreement with the county within which it is situated, any parts of its plan and
9.23official controls, if any, the preparation of which it delegates to the county.
9.24 Sec. 21. Minnesota Statutes 2012, section 473.862, subdivision 2, is amended to read:
9.25 Subd. 2.
9.26Hennepin, Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance
9.27of the town, the comprehensive plan for any town within the county which
9.28
9.29subdivision 2
9.31 Sec. 22. REPEALER.
10.1Minnesota Statutes 2012, sections 473.123, subdivision 7; 473.13, subdivision 1c;
10.2473.23; 473.241; 473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2;
10.3473.326; 473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392;
10.4473.516, subdivision 5; 473.523, subdivision 2; 473.535; and 473.852, subdivision 11,
10.5 and Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9, are repealed.
10.6 Sec. 23. APPLICATION.
10.7This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
10.8Scott, and Washington.
