HomeMy WebLinkAbout8.b. University of Minnesota Land Discussion CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 16, 1996 -
AGENDA ITEM: UNIVERSITY OF MINNESOTA AGENDA SECTION:
LAND DISCUSSION NEW BUSINESS
PREPARED BY: THOMAS D. BURT AGENritE 11 # 8 8
CITY ADMINISTRATOR
ATTACHMENTS: LETTER APPROVED BY:
The University Extension Services hosted a meeting on April 10, 1996, to discuss the future of the University
of Minnesota property in Rosemount, Vermillion, Coates, and surrounding townships. Officials were in
attendance from many of these areas.
It was the consensus of our City Council to further discuss the plans of the University and send them a letter
to define what the City of Rosemount would like to see accomplished. I have prepared a draft letter for your
input and consideration.
RECOMMENDED ACTION: Direction to staff from Council.
COUNCIL ACTION:
\y `• CITY O ROSE 1 V 1 O U N T 2875—am HALL 145th Street West
P.Q.Box 510
Rosemount,MN
Everything's Coming Up Rosemount!!
55068-0510
Phone:612-423-4411
Fax:612-423-5203
April 16, 1996
Clint Hewit, Associate Vice President of Planning
University of Minnesota
340 Church Street S.E.
Minneapolis, Minnesota 55455
Dear Mr. Hewit:
Thank you very much for coming to Rosemount and presenting your ideas for the University of
Minnesota land in Rosemount. We appreciate you and all the University representatives allowing
our reactions and input into the process.
On behalf of the Mayor and City Council, we support your efforts in planning the future land uses
for this property. The long term vision for the property is critical to the City of Rosemount and
we would like to be an active part in working with the University to develop long range plans.
The inclusion of the City can be very beneficial in long range planning to help identify future land
uses, trends and infrastructure needs.
The information discussed on April 10, 1996 was a good beginning to long range planning for this
property. We look forward to future open discussion about the property and participating in
planning its future.
Sincerely,
Thomas D. Burt
City Administrator
cc. Mayor& City Council
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AN ACT
NOTE
This Is the final version 1`'
• Of the bill that will be
r
transmitted to the governor's I.
desk.Check House Index Department f.f 4 '
for updated status(296-6646)
•
4. 4.''
1
ti.
1
2 relating to metropolitan government; providing for
3 local zoning conformity in certain cases; modifying a
4 certain levy limitation for the metropolitan council;
5 allowing for distribution of funds from the tax base
6 revitalization account to development authorities;
7 providing for distribution of funds from the livable
8 communities demonstration account; authorizing the
9 metropolitan council to issue bonds and to transfer
10 proceeds of certain bonds; requiring a transfer
11 between certain accounts of the council; providing for
12 metropolitan transportation investments; providing for
13 a joint powers board for certain public housing
14 purposes; providing for metropolitan airport matters;
15 providing for airport noise impact relief; amending
16 Minnesota Statutes 1994, sections 471.59, by adding a
17 subdivision; 473.155, by adding a subdivision;
18 473.167, subdivision 2a; 473.388, by adding a .
19 subdivision; 473.608, subdivisions 2, 6, 16, and by
20 adding subdivisions; 473.614, by adding a subdivision;
21 473.621, by adding a subdivision; and 473.661
Y 9 473.661,
22 subdivision 4; Minnesota Statutes 1995 Supplement',
23 sections 473.167, subdivisions 2 and 3; 473.252;
24 473.391; and 473.704, subdivision 18; Laws 1989,
25 chapter 279, section 7, subdivision 6; Laws 1995,
26 chapter 255, article 3, section 2, subdivisions 1 and •
27 4; and Laws 1995, chapter 265, article 1, section 4;
28 proposing coding for new law in Minnesota Statutes,
29 chapter 473; repealing Minnesota Statutes 1994,
30 sections 473.1551, subdivision 2; 473.167, subdivision
31 5; 473.636; and 473.637; Minnesota Statutes 1995
32 Supplement, section 473.167, subdivision 3a.
•
33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
34 ARTICLE 1
35 METROPOLITAN COUNCIL AUTHORIZATION
36 Section 1. Minnesota Statutes 1994, section 471.59, is
37 amended by adding a subdivision to read:
38 Subd. 13. [JOINT POWERS BOARD FOR HOUSING.) (a) For '
39 purposes of implementing a federal court order or decree, two or .
Article 1 Section 1 1
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H.F. No 3012
, 1 more housing and redevelopment authorities, or public entities
2 exercising the public housing powers of housing and
• 3 redevelopment authorities, may by adoption of a joint powers
4 agreement that complies with the provisions of subdivisions 1 to
5 5, establish a joint board for the purpose of acquiring an
6 interest in, rehabilitating, constructing, owning, or managing
7 low-rent public housing located in the metropolitan area, as
8 defined in section 473.121, subdivision 2, and financed, in
9 whole or in part, with federal financial assistance under
10 Section 5 of the United States Housing Act of 1937. The joint
11 board established pursuant to this subdivision shall:
12 (1) be composed of members designated by the governing
13 bodies of the governmental units which established such joint
14 board, and possess such representative and voting power provided
15 by the joint powers agreement;
•
16 (2) constitute a public body, corporate, and politic; and
17 (3) notwithstanding the provisions of subdivision 1,
•
18 requiring commonality of powers between parties to a joint
19 powers agreement, and solely for the purpose of acquiring an
• 20 interest in, rehabilitating, constructing, owning, or managing
#
21 federally financed low-rent public housing, shall possess all of
22 the powers and duties contained in sections 469.001 to 469.047
23 and, if at least one participant is an economic development
24 authority, sections 469.090 to 469.1081, except (i) as may be
•
25 otherwise limited by the terms of the joint powers agreement;
26 and (ii) a joint board shall not have the power to tax pursuant
27 to section 469.033, subdivision 6, or 469.107, nor shall it
28 exercise the power of eminent domain. Every joint powers
• 29 agreement establishing a joint board shall specifically provide
• 30 which and under what circumstances the powers granted herein may
31 be exercised by that joint board.
32 (b•) If a housing and redevelopment authority exists in a
33 city which intends to participate in the creation of a joint
34 board pursuant to paragraph (a), such housing and redevelopment
4.
• 35 authority shall be the governmental unit which enters into the
36 joint powers agreement unless it determines not to do so, in
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. r 4
Article 1 Section 1 2
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H.F. No 3012
governmental entity which enters into the joint 1 which event the gove y j
2 powers agreement may be any public entity of that city which
3 exercises the low-rent public housing powers of a housing and
°d
. • • 4 redevelopment authority.
•
5 (c) A joint board shall not make any contract with the
6 federal government for low-rent public housing, unless the
7 governing bod or bodies creating the •artici•atin• authorit in
8 whose jurisdiction the housing is located has, by resolution,
9 approved the provision of that low-rent public housing.
10 (d) This subdivision does not apply to any housing and
11 redevelopment e nt authorit Y, o r public entity exercising
the powers
12 of a housing and redevelopment authority, within the
13 'urisdiction of a count housing and redevelo.ment authorit
14 which is actively carrying out a public housing program under
15 Section 5 of the United States Housing Act of 1937. For
16 purposes of this paragraph, a county housing and redevelopment
17 authority is considered to be actively carrying out a public
18 housing program under Section 5 of the United States Housing Act
19 of 1937, if it (1) owns 200 or more public housing units
20 constructed under Section 5 of the United States Housing Act of
21 1937, and (2) has applied for public housing development funds
22 under Section 5 of the United States Housing Act of 1937, during
23 the three years immediately preceding January 1, 1996.
24 (e) For purposes of sections 469.001 to 469.047, "city1°
25 means the city in which the housing units with respect to which
26 the joint board was created are located and "governing body" or
27 "governing body creating the authority" means the council of
28 such city.
29 Sec. 2. Minnesota Statutes 1995 Supplement, section
30 473.167, subdivision 2, is amended to read: '
•
•
31 Subd. 2. [LOANS FOR ACQUISITION.) j The council may make
32 loans to counties, towns, and statutory and home rule charter
33 cities within the metropolitan area for the purchase of property
34 within the right-of-way of a state trunk highway shown on an •
35 official map adopted pursuant to section 394.361 or 462.359 or
36 for the purchase of property within the proposed right-of-way of
Article 1 Section 2 3
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1 a principal or intermediate arterial highway designated by the
2 council as a part of the metropolitan highway system plan and
3 approved by the council pursuant to subdivision 1. The loans
4 shall be made by the council, from the fund established pursuant
5 to this subdivision, for purchases approved by the council. The
• • 6 loans shall bear no interest.
7 ibl The council shall make loans only:
8 (1) to accelerate the acquisition of primarily undeveloped
9 property when there is a reasonable probability that the
10 property will increase in value before highway construction, and
11 to update an expired environmental impact statement on a project
12 for which the right-of-way is being purchased;
13 (2) to avert the imminent conversion or the granting of
14 approvals which would allow the conversion of property to uses
• 15 which would jeopardize its availability for highway
s. j P Y 9 Y
16 construction; er
17 (3) to advance planning and environmental activities on
18 highest priority major metropolitan river crossing projects,
19 under the transportation development guide chapter/policy plan;
20 or
21 (4) to take advantage of open market opportunities when
22 developed properties become available for sale, provided all
23 parties involved are agreeable to the sale and funds are
,
24 available.
25 (c) The council shall not make loans for the purchase of
26 property at a price which exceeds the fair market value of the
27 property or which includes the costs of relocating or moving
28 persons or property. The eminent domain process may be used to
29 settle differences of opinion as to fair market value, provided
is
30 all parties agree to the process.
31 idl A private property owner may elect to receive the
32 purchase price either in a lump sum or in not more than four
t 33 annual installments without interest on the deferred
34 installments. If the purchase agreement provides for
35 installment payments, the council shall make the loan in
36 installments corresponding to those in the purchase agreement.
Article 1 Section 2 4
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H.F. No. 3012
1 The recipient of an acquisition loan shall convey the property •
2 for the construction of the highway at the same price which the ;i•;;
3 recipient paid for the property. The price may include the
4 costs of preparing environmental documents that were required
5 for the acquisition and that were paid for with money that the
6 recipient received from the loan fund. Upon notification by the
•
7 council that the plan to construct the highway has been
8 abandoned or the anticipated location of the highway changed,
9 the recipient shall sell the property at market value in
10 accordance with the procedures required for the disposition of
11 the property. All rents and other money received because of the •
12 recipient's ownership of the property and all proceeds from the
13 conveyance or sale of the property shall be paid to the
14 council. If a recipient is not permitted to include in the
15 conveyance price the cost of preparing environmental documents
16 that were required for the acquisition, then the recipient is
17 not required to repay the council an amount equal to 40 percent
18 of the money received from the loan fund and spent in preparing
19 the environmental documents.
20 (e) The proceeds of the tax authorized by subdivision• 3 and •
21 distributed to the right-of-way acquisition loan fund pursuant •
22 to subdivision 3a, paragraph (a), all money paid to the council
23 by recipients of loans, and all interest on the proceeds and =<•
24 payments shall be maintained as a separate fund. For
25 administration of the loan program, the council may expend from
26 the fund each year an amount no greater than three percent of
27 the amount of the proceeds distributed to the right-of-way
28 acquisition loan fund pursuant to subdivision 3a, paragraph (a),
29 for that year.
30 Sec. 3. Minnesota Statutes 1994, section 473.167,
31 subdivision 2a, is amended to read:
32 Subd. 2a. [HARDSHIP ACQUISITION AND RELOCATION.] (a) The
33 council may make hardship loans to acquiring authorities within
34 the metropolitan area to purchase homestead property located in
35 a proposed state trunk highway right-of-way or project, and to
36 provide relocation assistance. Acquiring authorities are
Article 1 Section 3 5
CHAPTER No. 464
H.F. No. 3012
1 authorized to accept the loans and to acquire the property.
2 Except as provided in this subdivision, the loans shall be made
3 as provided in subdivision 2. Loans shall be in the amount of
4 the appraised fair market value of the homestead property plus
5 relocation costs and less salvage value. Before construction of
6 the highway begins, the acquiring authority shall convey the
7 property to the commissioner of transportation at the same price
8 it paid, plus relocation costs and less its salvage value.
9 Acquisition and assistance under this subdivision must conform
10 to sections 117.50 to 117.56.
11 (b) The council may make hardship loans only when
• 12 (1) the owner of affected homestead property requests
13 acquisition and relocation assistance from an acquiring
14 authority;
15 (2) federal or state financial participation is not
16 available;
17 (3) the owner is unable to sell the homestead property at
18 its appraised market value because the property is located in a
19 proposed state trunk highway right-of-way or project as
20 indicated on an official map or plat adopted under section
21 160.085, 394.361, or 462.359;
22 (4) the appraisal-ef council agrees to and approves the
23 fair market value of the homestead property has-bees-appreved-by
24 the-eeuneii:--The-eeaneiila, which approval shall not be
.:. 25 unreasonably withheld; and
as 26 (5) the owner of the homestead property is burdened by
27 circumstances that constitute a hardship, such as catastrophic
28 medical expenses; a transfer of the homestead owner by the
29 owner's employer to a distant site of employment; or inability
30 of the owner to maintain the property due to physical or mental
31 disability or the permanent departure of children from the
32 homestead.
33 (c) For purposes of this subdivision, the following terms
34 have the meanings given them.
Y1 35 (1) "Acquiring authority" means counties, towns, and
36 statutory and home rule charter cities in the metropolitan area.
Article 1 Section 3 6
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CHAPTER No. 464 ;
H.F. No. 3012 "<
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1 (2) "Homestead property" means a single-family dwelling . � •'•
2 occupied by'the owner, and the surrounding land, not exceeding a
3 total of ten acres.
I r.h. •
4 (3) "Salvage value" means the probable sale price of the
5 dwelling and other property that is severable from the land if
6 offered for sale on the condition that it be removed from the
7 land at the buyer's expense, allowing a reasonable time to find
8 a buyer with knowledge of the possible uses of the property,
9 including separate use of serviceable components and scrap when
10 there is no other reasonable prospect of sale.
11 Sec. 4. Minnesota Statutes 1995 Supplement, •section
12 473.167, subdivision 3, is amended to read:
13 Subd. 3. [TAX.] The council may levy a tax on all taxable
14 property in the metropolitan area, as defined in section
15 473.121, to provide funds for loans made pursuant to
16 subdivisions 2 and 2a and-fer-the-tax-base-revitalization
17 seeennt-in-the-metrepelitee-livable-eemmnnities-fend?
18 established-ender-seetien-493T251. This tax for the
19 right-of-way acquisition loan fund and-the-tax-base
20 revitalizatien-aeeennt shall be certified by the council,
21 levied, and collected in the manner provided by section 473.13.
22 The tax shall be in addition to that authorized by section
23 473.249 and any other law and shall not affect the amount or
24 rate of taxes which may be levied by the council or any
25 metropolitan agency or local governmental unit. The amount of
26 the levy shall be as determined and certified by the council-4.j
27 provided that the property tax levied by the metropolitan
28 council for the right-of-way acquisition loan fund end-the-tax '
29 base-revitaiizatien-aeeennt shall not exceed the-feiiewing
30 amount-fer-the-Years-speeified7. f''`
31 fa}-fer-taxes-payable-in-19887-the-prednet-ef-5,'388-of-nee
32 mill-mnitipited-by-the-total-assessed-valnatien-ef-all-taxable
33 property-1eeeted-within-the-metropolitan-area-as-adinsted-by-the
34 previsions-ef-Mier►eseta-Statntes-19867-sections-8937.647-3937137
35 subdivisien-9e7-sod-3957.49;
36 .019.-fer-taxes-parable-+n-19897-exeept-as-provided-in •. ,
Article 1 Section 4 7 ■
CHAPTER No. 464
H.F. No. 3012
1 seetien-49373497-subdivision-37-the-product-ef-fit-the
• 2 metrope++tan-eeunei+ys-property-tax-levy-+imitation-for-the
3 right-ef-way-eequisitien-+een-fund-fer-the-taxes-payab+e-year
4 1988-determined-under-a+euse-fa}-mu+tip++ed-by-tit-an-index-fer
5 market-ve1eatien-changes-eque+-te-the-assessment-year-+988-tots+
6 market-va+uatien-ef-a++-taxable-property-+coated-within-the
7 metrepe1itan-area-divided-by-the-assessment-year-+983-tots+
8 market-va+nation-ef-ail-taxeb+e-property-+oeeted-within-the
9 metrope+itan-areal
10
fed-fer-taxes-payab+e-in-+9987-an-ameant-net-te-exceed
11 $373887888;-end
12 fd}-fer-taxes-payable-in-+99+-and-subsequent-yeereT the
13 product of (1) the metropolitan council's property tax levy
14 +imitatien-fer-the-right-ef-way-eequisitien-+eau-fund under this
• 15 subdivision for the taxes payable in +988-determined-under
'•:!` 16 a+anee-fat 1997 multiplied by (2) an index for market valuation
17 changes equal to the total market valuation of all taxable
18 property located within the metropolitan area for the current
• 19 taxes payable year divided by the total market valuation of all
20 taxable property located within the metropolitan area for taxes
21 payable in +988 1997.
„'• 22 For the purpose of determining the metropolitan council's
23 property tax levy limitation for the right-of-way acquisition
24 loan fund and-tax-base-revita+ieatien-eeeeent-in-the
25 metrope+itan-++vab+e-eemmunities-fund;-under-seetien-473 1-35+7
26 fer-the-taxes-payable-year-+988-and-subsequent-years-under-this'
27 sebd+vision, "total market valuation" means the total market
28 valuation of all taxable property within the metropolitan area
29 without valuation adjustments for fiscal disparities (chapter
30 473F), tax increment financing (sections 469.174 to 469.179),
31 and high voltage transmission lines (section 273.425).
32 Sec. 5. Minnesota Statutes 1995 Supplement, section
33 473.252, is amended to read: •
34 473.252 (TAX BASE REVITALIZATION ACCOUNT.]
35 Subdivision 1. (DEFINITION.) For the purposes of this
Y.: . 36 section, "municipality" means a statutory or home rule charter
Article 1 Section 5 8
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H.F. No. 3012
1 city or town participating in the local housing incentives
2 program under section 473.254, or a county in the metropolitan
3 area. `
4 Subd. la. [DEVELOPMENT AUTHORITY.] "Development authority"
•
5 means a statutory or home rule charter city, housing and
6 redevelopment authority, economic development authority, and a
7 port authority.
8 Subd. 2. [SOURCES OF FUNDS.] The council shall credit to
9 the tax base revitalization account within the fund the amount,
10 if any, provided for under seetren-4g3:i69y subdivision 3e=
11 paragraph-(.bjr 4, and the amount, if any, distributed to the
12 council under section 473F.08, subdivision 3b.
13 Subd. 3. [DISTRIBUTION OF FUNDS.] (a) The council must use
14 the funds in the account to make grants to municipalities or
15 development authorities for the cleanup of polluted land in the
16 metropolitan area. A grant to a metropolitan county or a
17 development authority must be used for a project in a
18 participating municipality. The council shall prescribe and
19 provide the grant application form to municipalities. The
20 council must consider the probability of funding from other
21 sources when making grants under this section.
22 (b)(1) The legislature expects that applications for grants
23 will exceed the available funds and the council will be able to
24 provide grants to only some of the applicant municipalities. If
25 applications for grants for qualified sites exceed the available
26 funds, the council shall make grants that provide the highest
27 return in public benefits for the public costs incurred, that
28 encourage commercial and industrial development that will lead
29 to the preservation or growth of living-wage jobs and that
30 enhance the tax base of the recipient municipality.
31 (2) In making grants, the council shall establish regular
32 application deadlines in which grants will be awarded from the
33 available money in the account. If the council provides for
34 application cycles of less than six-month intervals, the council
35 must reserve at least 40 percent of the receipts of the account I
36 for a year for application deadlines that occur in the second
Article 1 Section 5 9 '
CHAPTER No 464
H.F. No. 3012
1 half of the year. If the applications for grants exceed the
2 available funds for an application cycle, no more than one-half
3 of the funds may be granted to projects in a statutory or home
4 rule charter city and no more than three-quarters of the funds
5 may be granted to projects located in cities of the first class.
6 (c) A municipality may use the grant to provide a portion
7 of the local match requirement for project costs that qualify
8 for a grant under sections 116J.551 to 116J.557.
9 Subd. 4. [TAX.] The council may levy a tax on all taxable
10 property in the metropolitan area, as defined in section
11 473.121, to provide funds for the tax base revitalization
12 account in the metropolitan livable communities fund. This tax
13 for the tax base revitalization account shall be certified by
•
14 the council, levied, and collected in the manner provided by
15 section 473.13. The tax shall be in addition to that authorized
16 by section 473.249 and any other law and shall not affect the
17 amount or rate of taxes which may be levied by the council or
18 any metropolitan agency or local governmental unit.
19 The amount of the levy shall be as determined and certified
20 by the council, provided that the tax levied by the metropolitan
21 council for the tax base revitalization account shall not exceed
22 the product of (1) the metropolitan council's levy for the tax
23 base revitalization account under section 473.167, subdivision
24 3, for taxes payable in 1997 multiplied by (2) an index for
25 market valuation changes equal to the total market valuation of
26 all taxable property located within the metropolitan area for
27 the current taxes payable year divided by the total market
28 valuation of all taxable property located within the
29 metropolitan area for taxes payable in 1997.
4••,:: ? 30 For the purpose of determining the metropolitan council's
31 property tax levy limitation for the tax base revitalization
32 account, "total market valuation" means the total market
33 valuation of all taxable property within the metropolitan area
•34 without valuation adjustments for fiscal disparities (chapter
35 473F), tax increment financing (sections 469.174 to 469.179),
<+` 36 and high voltage transmission lines (section 273.425).
•
•
„ . Article 1 Section 5 10
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CHAPTER No. 464
H.F. No. 3012 •
1 Subd. 5. [STATE REVIEW.] The commissioner of revenue shall `r(
2 certify the•council's levy limitation under this section to the
3 council by August 1 of the levy year. The council must certify
4 its proposed property tax levy to the commissioner of revenue by
5 September 1 of the levy year. The commissioner of revenue shall
6 annually determine whether the property tax for the tax base
7 revitalization account certified by the metropolitan council for
8 levy following the adoption of its proposed budget is within the
9 levy limitation imposed by this section. The determination must
•
10 be completed prior to September 10 of each year. If current
11 information regarding market valuation in any county is not
•
12 transmitted to the commissioner in a timely manner, the
13 commissioner may estimate the current market valuation within
14 that county for purposes of making the calculation.
15 Sec. 6. Minnesota Statutes 1995 Supplement, section . •
16 473.704, subdivision 18, is amended to read:
17 Subd. 18. The commission may establish a research program
18 to evaluate the effects of control programs on other fauna. The
•
19 purpose of the program is to identify the types and magnitude of
20 the adverse effects of the control program on fish and wildlife
21 and associated food chain invertebrates. The commission may
22 conduct research through contracts with qualified outside
23 researchers. The-eemmissien-may-finanee-the-research-program
24 each-year-at-a-level-ap-to-2 75-percent-ef-its-annual-budget7
25 until-Beeember-31T-1995:
26 Sec. 7. [ISSUANCE OF BONDS OR NOTES FOR ACQUISITION OF
27 PROPERTY.] _
28 Subdivision 1.. [BONDS; LOANS.] The council may borrow
29 money or by resolution authorize the issuance of general
30 obligation bonds or notes for the acquisition of qualifying real
31 property located within Hennepin county which the council
•
32 determines is necessary for the proposed north-south runway
33 expansion of the Minneapolis-St. Paul International Airport.
34 For purposes of this subdivision, "qualifying real property"
35 means all or part of (11 the met center property as identified
•
•
36 in Minnesota Statutes, section 473.551, subdivision 12; or (2)
• Article 1 Section 7 11
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H.F. No 3012
1 property located in the tax increment financing district
2 designated as tax increment financing district No. 1-G with
3 boundaries consisting of a 31.9 acre parcel known as the Kelly
4 property.
5 Subd. 2. [PROCEDURE.] The bonds or notes shall be sold,
6 issued, and secured in the manner provided in Minnesota
7 Statutes, chapter 475, and the council shall have the same
8 powers and duties as a municipality issuing bonds under that
9 chapter, except that no election shall be required and the net
10 debt limitations in Minnesota Statutes, chapter 475, shall not
11 apply to such bonds or notes. The obligations are not a debt of
12 the state or any other municipality or political subdivision
13 within the meaning of any debt limitation or requirement
14 pertaining to those entities. The bonds or notes may be sold at
15 any price and at a public or private sale as determined by the
16 bouncil. The obligations may be secured by taxes levied without
17 limitation of rate or amount upon all taxable property in the
18 metropolitan area.
19 Subd. 3. [COST SHARING; DISPOSITION OF PROPERTY.] The
20 council may enter into agreements with the metropolitan airports
21 commission, any municipality in the metropolitan area, and any
22 corporation, public or private, to share the costs of acquiring
23 any real property which the council determines is necessary for
24 any proposed expansion of the Minneapolis-St. Paul International
25 Airport. If the council acquires real property pursuant to
26 subdivision 2 and Minnesota Statutes, section 473.129,
27 subdivision 7, which it subsequently determines is not needed
28 for the expansion of the airport, the real property shall be
29 sold in accordance with the council's procedures and the
30 proceeds from the sale of the real property shall be used for
31 debt service or retirement of any bonds or notes issued pursuant
32 to subdivision 2.
33 Sec. 8. [BLOOMINGTON; TAX INCREMENT.]
'34 Subdivision 1. [PUBLIC PURPOSE.] In 1985, the port
35 authority of the city of Bloomington established a redevelopment
36 tax increment financing district designated as tax increment
Article 1 Section 8 12
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1 financing district No. 1-G with boundaries consisting of a 31.9
ti
2 acre parcel known as the Kelly property located at the northeast
•
3 quadrant of 24th Avenue and East Old Shakopee Road in the city
4 of Bloomington with the intention of financing certain
5 redevelopment costs, including selected public improvements • .
6 within the airport south industrial development district. The
7 Kelly property was conveyed to the Mall of America Company by
8 the port authority of the city of Bloomington, pursuant to the
9 restated contract dated May 31, 1988, by and between the city of
•
10 Bloomington, port authority of the city of Bloomington, and Mall •
11 of America Company, subject to the condition that the Mall of •
12 America Company commence construction of a subsequent phase of •
13 the Mall of America project on the site no later than 2002. If
14 the Mall of America Company fails to commence construction of a
•
15 subsequent phase of development on the Kelly property by 2002, •
16 ownership of the property reverts to the port authority of the
17 city of Bloomington. The Minneapolis-St. Paul International
18 Airport long-term comprehensive plan proposes construction of a
19 north-south runway to guaranty future operation of the airport
20 in a safe, efficient manner. Public acquisition of the Kelly
21 property by the metropolitan airports commission will be
22 required to facilitate construction of the north-south runway.
23 Subd. 2. [AUTHORIZATION.] The port authority of the city ,,;i:: •,�s
24 of Bloomington may amend the redevelopment tax increment
25 financing district consisting of the Kelly property so that it
•
26 shall, instead, consist of the met center property as identified •
27 in Minnesota Statutes, section 473.551, subdivision 12, upon
28 satisfaction of the following conditions precedent: .
•
29 (1) sale of the met center property from the metropolitan
30 council or a metropolitan agency to the Mall of America Company •
•
31 or an entity comprising at least one partner of the Mall of
32 America Company or an affiliate of such partner;
33 (2) approval by the city of Bloomington, port authority of
34 the city of Bloomington, and Mall of America Company of
35 amendments to the restated contract dated May 31, 1988, which
36 transfer development rights and contract obligations from the
rr
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1 Kelly property to the met center property;
2 (3) approval by the Minnesota environmental quality board
3 of an environmental impact statement for the met center property
• 4 and approval by the Minnesota pollution control agency of an
5 indirect source permit for the met center property;
• 6 (4) approval by the city of Bloomington and port authority
7 of the city of Bloomington of a final development plan for the
8 met center property;
9 (5) an agreement by the owner-developer of the met center
10 property, in a form satisfactory to the city of Bloomington and
11 port authority of the city of Bloomington, to dedicate to the
12 city of Bloomington land for rights-of-way and other public
13 improvements required for a subsequent phase of the Mall of
14 America project on the met center property;
15 (6) the metropolitan airports commission and the Mall of
16 America Company have either:
17 (i) entered into a purchase agreement for the sale of the
18 Kelly property; or
19 (iii agreed, in writing, to pay compensation based on the
20 existing development rights for the use of the Kelly property in
• 21 an amount not to exceed the total cost of acquiring the met
22 center property; and
23 (7) an agreement by the Mall of America Company not to sue
24 or claim any damages against either the city of Bloomington or
25 port authority of the city of Bloomington arising out of
26 rezoning of the Kelly property pursuant to Minnesota Statutes,
•
27 sections 360.061 to 360.074, or an amendment to the
28 comprehensive plan of the city of..Bloomington _relating to the
29 Kelly property.
30 The requirements of Minnesota Statutes, section 469.175,
31 subdivision 4, do not apply to modification of the plan to
32 provide for the substitution of legal descriptions authorized
33 hereby. The original net tax capacity of the district shall be
34 recertified in accordance with Minnesota Statutes, section
35 469.177, subdivision 1, upon amendment of the geographic
•
36 boundaries of the district. The district shall continue in
Article 1 Section 8 14
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V,
1 existence from its original date of creation and the amendment
2 of the geographic boundaries of the district and recertification
3 of original net tax capacity of the district shall not cause the
•
4 application to the district of any provisions of law which would
• 5 not otherwise be applicable to the district. •
•
6 Subd. 3. [SPECIAL RULES.] (a) Tax increment may not be
7 captured by the port authority from the tax increment financing
8 district on the met center property after December 31 of the .
•
9 year in which tax increments, assessments, and other revenues
10 from the district and the accumulated increments from the
11 district consisting of the Kelly property exceed the permitted
12 expenditures under paragraph (d). The provisions of this - .
13 paragraph apply beginning with the first calendar year after the '
14 conditions precedent in subdivision 2 are satisfied and
15 construction has begun on improvements on the met center site.
16 No increments may, in any event, be collected from the tax
17 increment financing district on the met center site after
18 December 31, 2018.
19 (b) The provisions of Minnesota Statutes, section 273.1399,
20 do not apply to the tax increment financing district on the met
21 center property.
22 (c) The governing body of the city of Bloomington must
•
23 elect the method of computation of tax increment specified in
' 24 Minnesota Statutes, section 469.177, subdivision 3, paragraph
25 (b), in the tax increment financing district on the met center
26 property. ..-
‘, .‘k: ...
27 (d) Tax increments, assessments,_ and other revenues derived
28 from the tax increment district on the met center property and
29 any accumulated tax increments from the tax increment financing
30 district on the Kelly property may be used to finance only the
• 31 following: .
32 (1) amounts that the city or port authority must pay to
33 reimburse or otherwise pay the developer for public improvements ; ,•; ., ,;,_;
'34 because of counted value resulting from investment in property
•
35 at the met center site under section 9.2(05) of the restated
36 contract for purchase and private redevelopment of land, by and
Article 1 Section 8 15
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H.F. No. 3012
1 among the city of Bloomington, the port authority of the city of
2 Bloomington, and the Mall of America Company, dated May 31,
• 3 1988•
•
4 (2) interest and other financing costs the city or port
5 authority pays or incurs on, but that are not included in, the
6 amounts under clause (1);
•
7 (3) interest and principal on qualified bonds to the extent
8 that other available revenues and increments from other sources
9 that are pledged to pay the bonds are insufficient. In
10 determining whether other available revenues or increments are
11 insufficient, spending of these revenues for only the following
12 items reduce available revenues (all other revenues are deemed
13 to be available):
•
14 (A) payment of debt service on bonds and obligations issued
15 and sold before March 31, 1996;
• 16 (B) payments under binding written contracts in effect on
17 March 31, 1996, to which the increments or other revenues are
18 pledged; and
19 (C) reasonable administrative expenses, subject to the
20 limits under Minnesota Statutes, section 469.176, subdivision 3;
21 and
• 22 (4) reasonable administrative expenses as provided under
• 23 Minnesota Statutes, sections 469.174 to 469.178. The amounts
24 permitted under clauses (1) and (2) must be used to determine
25 the limit or administrative expenses under Minnesota Statutes
26 section 469.176, subdivision 3.
27 For the purposes of paragraph (dl, "qualified bonds" means:
• 28 (i) bonds or other obligations issued and sold before March
29 31, 1996, to which increments from the tax increment financing
30 district consisting of the Kelly property are pledged; and
31 (ii) bonds or other obligations that refund bonds described
32 in (i), if the refunding bonds do not increase the present value
33 of the debt service payments secured by the increments and are
34 secured by a pledge of the same increments and other revenues as
35 secured by the bonds to be refunded.
36 For purposes of determining the qualifying ratio percent
Article 1 Section 8 16
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H.F. No. 3012
1 for counted value under the formula in section 9.2(05) of the `••
2 restated contract under clause (1), investment in property at
3 the met center site is deemed to be after or in addition to all
4 the investment at other sites covered by the restated contract.
5 Subd. 4. [ACQUISITION OF PROPERTY.] Notwithstanding any
6 law to the contrary, the metropolitan airports commission is
7 authorized to acquire or purchase the Kelly property consistent
8 with the public purpose set forth in this law. This may be
9 accomplished by an exchange of land, purchase of development
10 rights, acquisition of easements, or other method to be
11 negotiated with the landowner or by outright purchase or
12 exercise of eminent domain, if necessary. •
13 Subd. 5. [LIMITATION ON USE OF TAX INCREMENT.] If the port
14 authority of the city of Bloomington amends the redevelopment
15 tax increment financing district from the Kelly property to the
16 met center property, the owner of the met center property shall
17 be bound by the limitations on public reimbursement for
18 qualified public improvements as set forth in section 9.2(05) of
19 the restated contract dated May 31, 1988, by and between the
20 city of Bloomington, port authority of the city of Bloomington,
21 and Mall of America Company.
22 Sec. 9. [TRANSFER.] •
23 Subdivision 1. Notwithstanding Minnesota Statutes, section
24 473.167, the council may transfer a portion of the proceeds in
25 the ri.ht-of-wa acquisition loan fund to the •lannin-
26 assistance grant and loan program provided in Minnesota
27 Statutes, section 473.867. To provide additional funds for the
28 planning assistance grant and loan program authorized in
29 Minnesota Statutes, section 473.867, the metropolitan council
30 may transfer up to $1,000,000 of the proceeds of solid waste
31 bonds issued by the council under Minnesota Statutes, section
32 473.831, before its repeal. By 2008, the council shall repay
33 any amount transferred from the right-of-way acquisition loan
34 fund using the _proceeds of the tax authorized in Minnesota
35 Statutes, section 473.249.
36 Subd. 2. In 1997, the council must use $200,000 of any
Article 1 Section 9 17
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H.F. No. 3012
1 amount transferred in subdivision 1 to make grants of not more
2 than $20,000 each to municipalities for technical assistance to
3 prepare a growth management strategy as part of the
4 municipality's comprehensive plan. A growth management strategy
5 may include principles such as: preservation of undeveloped
6 open spaces for agricultural production, recreational use, and
7 scenic enjoyment; creation of cohesive neighborhoods to ".
8 establish local identity and community interaction; physical
9 integration of natural open spaces, neighborhoods, and other
20 districts in a manner that creates the highest and best value of
11 all land in the community; and the establishment of a phasing
12 pla n to
g uide reasonable,
incremental ment
al development ent o f the
13 community. Municipalities may apply for the grants in
14 partnership with other municipalities or with a county. For the
15 purposes of this subdivision "municipality" means any city or
16 town in the metropolitan area as defined in Minnesota Statutes,
•
17 section 473.121.
18 Sec. 10. [ACQUISITION OF THE MET CENTER PROPERTY.]
19 Notwithstanding anything to the contrary in sections 7 to
20 14, the authority granted to acquire real property shall not
21 authorize acquisition of the met center property, as defined in
22 Minnesota Statutes, section 473.551, subdivision 12, by eminent
23 domain.
24 Sec. 11. [ST. LOUIS PARK TIF; STATE AID OFFSET.]
25 Subdivision 1. . [COMPUTATION OF AID OFFSET.] If the City of
26 St. Louis Park elects to extend the duration of the Excelsior
27 Boulevard Redevelopment Project under Laws 1995, chapter 264,
28 article 5, section 36, and if the city receives a grant under
29 section 473.253 for use within the project, the state aid
30 reduction required by Minnesota Statutes, section 469.1782,
31 subdivision 1, must be computed as provided in this section.
32 The reduction in state tax increment financing aid under
33 Minnesota Statutes, section 273.1399 must be computed using 70
34 percent of the captured tax capacity of the district for the
35 years in which the extension applies.
36 Subd. 2. [EFFECTIVE DATE.] This section is effective the
Article 1 Section 11 18
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•
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H.F. No. 3012
1 day following final enactment without local approval.
2 Sec. 12. [REPEALER.]
3 (a) Minnesota Statutes 1994, section 473.167, subdivision
4 5, is repealed.
5 (b) Minnesota Statutes 1995 Supplement, section 473.167,
6 subdivision 3a, is repealed.
7 Sec. 13. . [APPLICATION.]
8 Sections 2 to 7, 9, and 12 apply in the counties of Anoka,
9 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
10 Sec. 14. [EFFECTIVE DATE.]
z.
11 Sections 4 and 5, subdivisions 2, 4, and 5, are effective
12 for taxes levied in 1997, payable in 1998 and subsequent years.
•
13 Section 12, paragraph (bi, is effective January 1, 1998. •
14 Section 8 is effective upon compliance by the governing
15 body of the port authority of the city of Bloomington and the
16 •overnin• bod of the cit of Bloomin.ton with Minnesota
17 Statutes, section 645.021, subdivision 2.
18 The remainder of this article is effective the day
19 following final enactment.
20 ARTICLE 2
21 METROPOLITAN TRANSPORTATION INVESTMENT ACT •
22 Section 1. [473.1465] [TRANSPORTATION POLICY.]
23 Subdivision 1. [DEFINITION.] For the purposes of this
24 section and section 473.1466 "commuting area" means the
25 metropolitan area and counties outside the metropolitan area in
26 which five percent or more of the residents commute to
27 employment in the metropolitan area.
28 Subd. 2. [REVISED TRANSPORTATION POLICY PLAN.] .The
29 metropolitan council shall adopt, after appropriate public
30 comment, a revised transportation policy plan that:
31 (1) is consistent with state law and council policy;
32 (2) identifies and summarizes issues concerning commuting
33 into and out of the seven-county area from the commuting area;
14 (3) integrates and maximizes the efficiencies and
35 effectiveness of all modes of transportation in the region; and
36 (4) reflects and does not exceed current available
Article 2 Section 1 19
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H.F. No 3012
1 resources.
2 The council shall adopt the revised transportation policy
•
3 plan by December 31, 1996. i
4 Subd. 3. [PROJECT EVALUATION.] As part of developing the
5 revised transportation policy plan, the council shall evaluate
6 all proposed and pending transportation projects that are
7 subject to council review and report to the legislature the
8 results of council's evaluation.
9 Sec. 2. [473.1466] [PERFORMANCE AUDIT.]
10 In 1997 and every four years thereafter, the council shall
11 provide for an independent entity selected through a request for
12 proposal process conducted nationwide to do a performance audit
13 of the commuting area's transportation system as a whole. The
14 performance audit must evaluate the commuting area's ability to
15 meet the region's needs for effective and efficient
16 transportation of goods and people, evaluate future trends and
17 their impacts on the region's transportation system, and make
18 recommendations for improving the system. The performance audit
19 must recommend performance-funding measures. In 1997 and every
20 two years thereafter, the council must evaluate the performance
21 of the metropolitan transit system's operation in relationship
22 to the regional transit performance standards developed by the
23 council.
24 Sec. 3. [473.3875] [TRANSIT FOR LIVABLE COMMUNITIES.]
25 The council shall establish a transit for livable
26 communities demonstration program fund. The council shall adopt
27 guidelines for selecting and evaluating demonstration projects
28 for funding. The selection guidelines must include provisions
29 evaluating projects:
30 (1) interrelating development or redevelopment and transit;
31 (2) interrelating affordable housing and employment growth
32 areas; •-
.
?':' 33 (3) helping intensify land use that leads to more compact
34 development or redevelopment; ;
35 (4) coordinating school transportation and public transit
36 .service;
Article 2 Section 3 20
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H.F. No. 3012
1 (5) implementing recommendations of the transit redesign
2 plan; or
3 (6) otherwise promoting the goals of the metropolitan
4 livable communities act.,
5 Sec. 4. Minnesota Statutes 1994, section 473.388, is
6 amended by adding a subdivision to read: •
7 Subd. 7. [SERVICE INCENTIVE.] A replacement transit
8 service shall receive an additional two percent of available
9 local transit funds, as defined in subdivision 4, if the service
10 increased its ridership for trips that originate outside of the
11 replacement transit service's member communities and serve the
12 employment centers in those communities by at least five percent
13 from the previous year, provided the service operates within •
14 regional performance standards. A replacement transit service
•
15 that is receiving the maximum amount of available local transit
16 funds may receive up to two percent over the maximum amount set
17 in subdivision 4 if it increases its ridership as provided in
18 this subdivision. The additional funding received under this
19 subdivision may be reserved by the replacement transit service
20 for future use.
21 Sec. 5. Minnesota Statutes 1995 Supplement, section
22 473.391, is amended to read:
23 473.391 [ROUTE PLANNING AND SCHEDULING.]
24 Subdivision 1. [CONTRACTS.] The council may contract with
25 other operators or local governments for route planning and
26 scheduling services in any configuration of new or
27 reconfiguration of existing transit services and routes,
28 including route planning and scheduling necessary for the test
29 marketing program, the service bidding program, and the
30 interstate highway described generally as legislative routes
31 Nos. 10 and 107 between I-494 and the Hawthorne interchange in
32 the city of Minneapolis, commonly known as I-394.
33 • Subd. 2. [ROUTE ELIMINATION; SERVICE REDUCTION.] The
34 council shall, before making a determination to eliminate or
35 reduce service on existing transit routes, consider:
36 (1) the level of subsidy per passenger on each route;
Article 2 Section 5 21 t.
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H.F. No 3012
• 1 (2) the availability and proximity of alternative transit
2 routes; and
3 (3) the percentage of transit dependent riders, including
4 youth, elderly, low-income, and disabled riders currently using
5 each route.
6 Sec. 6. Laws 1995, chapter 265, article 1, section 4, is
7 amended to read:
8 Sec. 4. [EFFECTIVE DATE.]
9 Sections 1 to 3 are effective upon metropolitan council
10 approval of plans presented by the commissioner to:
11 (1) construct one additional lane on each roadway of I-394
12 at or near its interchange with Penn Avenue;
13 (2) preserve the existence of an additional lane eastbound
14 between Penn Avenue and the Dunwoody Boulevard exit;
15 (3) erect noise barriers adjacent to the westbound roadway
16 of the highway continuously between Wirth Parkway and Penn
17 Avenue the east end of bridge No. 27770, and on the eastbound
18 roadway of the highway continuously between Madeira Avenue and
19 Wirth Parkway, and extend the existing noise barriers easterly
20 of France Avenue, all with the consent of all affected owners of
21 commercial property;
22 (4) adopt a goal of achieving an average occupancy rate on •
23 the highway of 1.6 persons per vehicle by 2000, and implement a
24 five-year program in cooperation with the council intended to
25 achieve that goal by, among other means, significantly
26 increasing the use of high-occupancy lanes on the highway and
;s^ 27 the use of other roadways;
28 (5) develop and implement, jointly with the commissioner of
29 public safety, a plan and program for (i) enforcement of speed
'.•df
30 limits and other traffic laws and high-occupancy lane
31 restrictions and the minimizing of late merging of traffic onto
32 the eastbound highway, and (ii) demonstration of increased
33 information and education through changeable message signs and
34 the use of electronic detection to identify and warn traffic law
35 violators; and
36 (6) ensure that the highway has-e-bitumineas-snrfaee and
Article 2 Section 6 22
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H.F. No. 3012 �±
1 HOV lanes are ground or milled between June Avenue in Golden
2 Valley and the highway's intersection with marked-enteretate
3 highway-Nei-94.4n-Mianeepelis the west end of the bridge
4 approach to bridge No. 27770 or has a bituminous surface on the
5 mixed use lanes within the same limits.
6 Sec. 7. [BEST PRACTICES REPORT.]
7 The legislative audit commission is requested to direct the
8 legislative auditor to prepare and submit to the legislature by
9 December 1, 1996, a best practices report on cooperative and
10 integrated transit services that are effective and efficient.
11 To the extent available, the report must include information on
12 best practices for regular route public transit service, transit
13 that links jobs and housing, integrating private transit
14 services with public transit services, and integrating school
15 transportation with public transit services.
16 Sec. 8. [METROPOLITAN TRANSIT REDESIGN.]
17 Subdivision 1. [1997 PLAN.] The metropolitan council shall
18 present to the 1997 legislature a status report on the
19 implementation plan for improved transit service for the
20 region. The plan must be developed with the assistance of an
21 advisory committee established by the council. At a minimum,
22 the plan must: •
23 (1) utilize community-based transit services;
24 (2) encourage local initiatives for improved transit
25 service;
26 (3) encourage coordination of various public transit
27 services and private, for-profit, and nonprofit transit services
28 that do not receive transit subsidies from the council;
29 (4) establish performance measures that further transit
30 goals for the region that are consistent with and promote the
31 policies of the Regional Blueprint and the metropolitan livable
32 communities act; and
33 (5) include an operating and capital budget projection for
34 the biennium ending June 30, 1999.
• 35 Subd. 2. [ADVISORY COMMITTEE.] The council shall utilize
36 an advisory committee to assist the council in preparing the
•
Article 2 Section 8 23 !•
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H.F. No 3012
1 plan required under subdivision 1. Members of the committee
2 must represent local community interests. Members of the
3 advisory committee shall serve without compensation but may be
4 reimbursed by the council for reasonable expenses.
5 Sec. 9. [STUDY; PAYING FOR NEW GROWTH.]
6 The metropolitan council shall identify means of insuring
7 that new development pays the costs associated with the new
t,;.: 8 development, including, but not limited to, the costs of
9 infrastructure to accommodate the new development and the
10 present value of services provided by public entities. The
11 council shall report its findings to the legislature by February
12 1, 1997.
13 Sec. 10. [PERFORMANCE MEASURES TO BE MET.]
14 Subdivision 1. [METROPOLITAN COUNCIL.] If the metropolitan
15 council is appropriated money from the general fund for public
16 transit operations for fiscal year 1997, 1.5 percent shall be
17 made available to the council after June 1, 1997, only if the
18 commissioner of finance determines that metropolitan council
19 transit operations passengers per revenue hour productivity has
20 increased in a one-year period between the effective date of
21 this section and June 1, 1997. Another 1.5 percent shall be
•• 22 made available to the council after June 1, 1997, only if the
23 commissioner of finance determines that metropolitan council
24 transit operations subsidy per passenger has decreased in a
25 one-year period between the effective date of this section and
r:w 26 June 1, 1997.
• 27 Subd. 2. [DEPARTMENT OF TRANSPORTATION.] If the
28 commissioner of transportation is appropriated money from the
29 trunk highway fund in 1996 for state road construction, five
30 percent shall be made available to the commissioner after June
31 1, 1997, only if the commissioner of finance determines that the
32 department of transportation's administrative costs have
33 decreased as a percentage of construction costs in a one-year
'34 period between the effective date of this section and June 1,
35 1997.
36 Sec. 11. [PERFORMANCE AUDIT; DEADLINE.]
•
Article 2 Section 11 24
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CHAPTER No. 464
H.F. No. 3012
1 The metropolitan council's first performance audit report,
must be submitted to the legislature
'±
r section 2, 9 •�•.
2 required unde s ,
•
3 by December 15, 1997.
4 Sec. 12. [APPLICATION.] `• '
5 Sections 1 to 6, 8, 9, 10,. subdivision 1, and 11 apply to
6 the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
7 and Washington.
8 Sec. 13. [EFFECTIVE DATE. ] � '•rf
9 This article is effective the day following final enactment.
10 ARTICLE 3
11 METROPOLITAN AIRPORT PROVISIONS
12 Section 1. Minnesota Statutes 1994, section 473.155, is
13 amended by adding a subdivision to read:
14 Subd. 5. [ZONING OF REAL PROPERTY.] The council shall not
15 require a local government unit to continue a current use or to
16 adopt a comprehensive _plan designation or any change in zoning,
17 zoning variance, or conditional use in order to ensure or
18 preserve the availability of land for a new major airport.
19 Sec. 2. Minnesota Statutes 1994, section 473.608,
20 subdivision 2, is amended to read:
21 Subd. 2. It may acquire by lease, purchase, gift, devise,
22 or condemnation proceedings all necessary right, title, and
23 interest in and to lands and personal property required for
24 airports and all other real or personal property required for
25 the purposes contemplated by sections 473.601 to 473.679, within
26 the metropolitan area, pay therefor out of funds obtained as
27 hereinafter provided, and hold and dispose of the same, subject
28 to the limitations and conditions herein prescribed except that
29 the corporation may not acquire by any means lands or personal
30 property for a major new airport. Title to any such property
31 acquired by condemnation or purchase shall be in fee simple,
32 absolute, unqualified in any way, but any such real or personal
33 property or interest therein otherwise acquired may be so
34 acquired or accepted subject to any condition which may be -
35 imposed thereon by the grantor or donor and agreed to by the
36 corporation, not inconsistent with the proper use of the
Article 3 Section 2 25
CHAPTER No 464
H.F. No 3012
1 property by the corporation for the purposes herein provided.
' 2 Any properties, real or personal, acquired, owned, leased,
3 controlled, used, and occupied by the corporation for any of the
4 purposes of sections 473.601 to 473.679, are declared to be
5 acquired, owned, leased, controlled, used, and occupied for
6 public, governmental, and municipal purposes, and shall be
i
7 exempt from taxation by the state or any of its political
s 8 subdivisions. Nothing contained in sections 473.601 to 473.679,
Y.
u:1 9 shall be construed as exempting properties, real or personal,
10 leased from the metropolitan airports commission to a tenant or
11 lessee who is a private person, association, or corporation from
12 assessments or taxes.
13 Sec. 3. Minnesota Statutes 1994, section 473.608,
14 subdivision 6, is amended to read:
�.. 15 Subd. 6. It may construct and equip new airports, with all
16 powers of acquisition set out in subdivision 2, pay therefor out
17 of the funds obtained as hereinafter provided, and hold,
18 maintain, operate, regulate, police, and dispose of them or any
19 of them as hereinafter provided. It may not construct, equip,
20 or acquire land for a major new airport to replace the existing
21 Minneapolis-St. Paul International airport, but it may conduct
a
22 activities necessary to do long-range planning to make
23 recommendations to the legislature on the need for new airport
24 facilities.
25 Sec. 4. Minnesota Statutes 1994, section 473.608,
26 subdivision 16, is amended to read:
27 Subd. 16. It may generally carry on the business of
28 acquiring, establishing, developing, extending, maintaining,
29 operating, and managing airports, with all powers incident
30 thereto except it is expressly prohibited from exercising these
31 powers for the purpose of future construction of a major new
r<, 32 airport.
33 • Sec. 5. Minnesota Statutes 1994, section 473.608, is
34 amended by adding a subdivision to read:
35 Subd. 23. [PROHIBITION OF USE OF CERTAIN AIRCRAFT.] After
36 complying with the publication and public comment requirements
•
Article 3 Section 5 26
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H.F. No. 3012 '`
1 of United States Code, title 49i section 47524(b) and other
2 applicable federal requirements, the corporation shall prohibit
3 operation at Minneapolis-St. Paul International airport of
4 aircraft not complying with stage 3 noise levels after December
5 31, 1999.
6 Sec. 6. Minnesota Statutes 1994, section 473.608, is
7 amended by adding a subdivision to read: ..,:f;
8 Subd. 24. [IMPLEMENTATION OF LONG-TERM PLAN.] The ,
9 corporation shall implement the Minneapolis-St. Paul
10 International airport year 2010 long-term comprehensive plan. •
11 Sec. 7. Minnesota Statutes 1994, section 473.608, is :.!` `.
12 amended by adding a subdivision to read:
13 Subd. 25. [FINAL ENVIRONMENTAL IMPACT STATEMENT.] The �'
14 corporation shall not be required to provide environmental or
. 15 technical analysis of the new airport alternative in the dual
16 track planning process final environmental impact statement.
17 Sec. 8. Minnesota Statutes 1994, section 473.608, is .
18 amended by adding a subdivision to read:
19 Subd. 26. [USE OF RELIEVER AIRPORTS.] The corporation
20 shall develop and implement a plan to divert the maximum
21 feasible number of general aviation operations from
22 Minneapolis-St. Paul International airport to those airports •
23 designated by the federal aviation administration as reliever '
24 airports for Minneapolis-St. Paul International airport.
25 Sec. 9. Minnesota Statutes 1994, section 473.608, is
26 amended by adding a subdivision to read:
27 Subd. 27. [PROHIBITION CONCERNING REPLACEMENT PASSENGER
28 TERMINAL.] The corporation is prohibited from constructing a
29 replacement passenger terminal on the west side of
30 Minneapolis-St. Paul International airport without legislative
• 31 approval.
32 Sec. 10. Minnesota Statutes 1994, section 473.608, is
33 amended by adding a subdivision to read:
34 Subd. 28. [CONSTRUCTION OF A THIRD PARALLEL RUNWAY.] jj `
35 The corporation must enter into a contract with each affected
36 city that provides the corporation may not construct a third
Article 3 Section 10 27 4.
i CHAPTER No 464
H.F. No. 3012
7l 1 parallel runway at the Minneapolis-St. Paul international
z' 2 airport without the affected city's approval. The corporation
3 must enter into the contracts by January 1, 1997.
4 (b) If a contract with a city as required by this
5 subdivision is not executed by January 1, 1997, as a result of
6 the corporation failing to act in good faith, the amount the
•
7 corporation must spend for noise mitigation in the affected city
8 is increased by 100 percent of the amount spent in the most
•
9 recent year in which an expenditure was made for noise
10 mitigation in the affected city.
11 (c) A contract entered into by a city and the corporation
12 under this subdivision creates and the contract must provide
•
13 third party beneficiary rights on behalf of the affected
• 14 property owners in the affected cities. These third party
15 beneficiary rights apply only if a state law changes,
16 supersedes, or invalidates the contract or authorizes or enables
17 the corporation to construct a third parallel runway
18 notwithstanding the contract.
19 (d) An "affected city" is any city that would experience an
20 increase in the area located within the 60 Ldn noise contour as
• 21 a result of operations using the third parallel runway.
22 Sec. 11. Minnesota Statutes 1994, section 473.614, is
• 23 amended by adding a subdivision to read:
24 Subd. 2a. [ENVIRONMENTAL IMPACT REPORT.] Notwithstanding
25 the provisions of subdivision 2, the commission shall prepare a
26 report documenting the environmental effects of projects
4' 27 included in the MSP 2010 long-term comprehensive plan.
28 Environmental effects of and costs associated with, noise
29 impacts, noise mitigation measures, and land use compatibility
30 measures must be evaluated according to alternative assumptions,
31 of 600,000, 650,000, 700,000, and 750,000 aircraft operations at
32 Minneapolis-St. Paul International airport.
33 Sec. 12. Minnesota Statutes 1994, section 473.621, is
`' . 34 amended by adding a subdivision to read:
35 Subd. lb. [ANNUAL REPORT TO LEGISLATURE.] The corporation
36 shall report to the legislature by February 15 of each year
t;;!, Article 3 Section 12 28
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H.F. No. 3012
1 concerning operations at Minneapolis-St. Paul International
2 airport. The report must include the number of aircraft
3 operations and passenger enplanements at the airport in the
•
4 preceding year, current airport capacity in terms of operations
5 and passenger enplanements, average length of delay statistics,
6 and technological developments affecting aviation and their •
7 effect on operations and capacity at the airport. The report
8 must include information in all the foregoing categories as it
9 relates to operations at Wayne county metropolitan airport in
10 Detroit. The report must compare the number of passenger
11 enplanements and the number of aircraft operations with the 1993
12 metropolitan airport commission baseline forecasts of total
13 passengers and total aircraft operations.
14 Sec. 13. Minnesota Statutes 1994, section 473.661,
15 subdivision 4, is amended to read:
16 Subd. 4. [NOISE MITIGATION.] (a) According to the schedule
17 in paragraph (b), commission funds must be dedicated (1) to
1
18 supplement the implementation of corrective land use management
19 measures approved by the Federal Aviation Administration as part
20 of the commission's Federal Aviation Regulations, part 150 noise
21 compatibility program, and (2) for soundproofing and
22 accompanying air conditioning of residences, schools, and other
•
23 public buildings when there is a demonstrated need because of
24 aircraft noise, regardless of the location of the building to be :: ; ,••
25 soundproofed, or any combination of the three.
26 (b) The noise mitigation program described in paragraph (a)
27 shall be funded by the commission from whatever source of funds
28 according to the following schedule:
29 In 1993, an amount equal to 20 percent of the passenger ;.: -; ;:•. u;,.
30 facilities charges revenue amount budgeted by the commission for
31 1993;
32 In 1994, an amount equal to 20 percent of the passenger
33 facilities charges revenue amount budgeted by the commission for
34 1994;
35 In 1995, an amount equal to 35 percent of the passenger
36 facilities charges revenue amount budgeted by the commission for
Article 3 Section 13 29 ,'
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CHAPTER No 464
H.F. No. 3012
. 1 1995; and
3i
• 2 In 1996, an amount equal to 40 percent of the passenger •
3 facilities charges revenue amount budgeted by the commission for
4 1996.
a
5 (c) From 1996 to 2002, the commission shall spend no less
6 than $185,000,000 from any source of funds for insulation and
• 7 accompanying air conditioning of residences, schools, and other
8 publicly owned buildings where there is a demonstrated need
9 because of aircraft noise; and property acquisition, limited to
is
10 residences, schools, and other publicly owned buildings, within
11 the noise impacted area. In addition, the corporation shall
12 insulate and air condition four schools in Minneapolis and two
13 schools in Richfield that are located in the 1996 60 Ldn contour.
14 (d) Before the commission constructs a new runway at
•
15 Minneapolis-St. Paul International airport, the commission shall
16 determine the probable levels of noise that will result in
17 various parts of the metropolitan area from the operation of
18 aircraft on the new runway and shall develop a program to
19 mitigate noise in those parts of the metropolitan area that are
20 located outside the 1996 65 Ldn contour but will be located
21 within the 65 Ldn contour as established after the new runway is
22 in operation. Based upon this determination, the commission
. 23 shall reserve in its annual budget, until noise mitigation
24 measures are completed, an amount of money necessary to
• •11. 25 implement this noise mitigation program in the newly impacted
26 areas.
27 Asa The commission's capital improvement projects, program,
28 and plan must reflect the requirements of this section. As part
29 of the commission's report to the legislature under section
•
30 473.621, subdivision la, the commission must provide a
31 description and the status of each noise mitigation project
32 implemented under this section.
33 fd - j Within 60 180 days of submitting the commission's
34 and the metropolitan council's report and recommendations on
•
35 major airport planning to the legislature as required by section
36 473.618, the commission, with the assistance of its sound
;:; Article 3 Section 13 30
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CHAPTER No. 464 `;:+
• H.F. No. 3012 Y •
1 abatement advisory committee, shall make a recommendation to the
2 *egesiatnre state advisory council on metropolitan airport
3 planning regarding proposed mitigation activities and •
4 appropriate funding levels for noise mitigation activities at
5 Minneapolis-St. Paul International Airport and in the
6 neighboring communities. The recommendation shall examine
7 mitigation measures to the 60 Ldn level. The state advisory
8 council on metropolitan airport planning shall review the
9 recommendation and comment to the legislature within 60 days
10 after the recommendation is submitted to the council.
11 Sec. 14. Laws 1989, chapter 279, section 7, subdivision 6,
12 is amended to read:
13 Subd. 6. [TERMINATION.] The advisory council ceases to
14 exist when the actions required by seeties-37-eabdiv4sien-3=-end
15 section-4 this article of this chapter of Laws 1996, sections 13
16 and 15, are completed.
17 Sec. 15. [ANALYSIS OF AVIATION SERVICES AND COMMERCIAL
18 DEVELOPMENT.]
19 The metropolitan airports commission shall contract with
20 the University of Minnesota to prepare an aviation service and
21 facilities analysis. The commission shall utilize funds from
22 any available source to pay the University of Minnesota an
23 agreed amount not to exceed $50,000 for the performance of the •
24 analysis. The analysis shall include:
25 (1) a description of various types and levels of aviation
26 service and an examination of the relationship between aviation
27 service levels and the level of commercial and industrial
28 activity in the state; and
29 (2) an examination of the relationship between available •
30 levels of aviation service and the relocation of commercial and
31 industrial enterprises to the state.
32 The commission shall report the results of the analysis to
33 the state advisory council on metropolitan airport planning no
34 later than February 10, 1997. The council shall review the
35 report and analysis and comment to the legislature within 60
36 days after the results of the analysis are reported to the
Article 3 Section 15 31 1:
1
2 • CHAPTER No 464
Ffi H.F. No 3012
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1 council.
2 Sec. 16. [REPEALER.]
3 Minnesota Statutes 1994, sections 473.1551, subdivision 2;
4 473.636; and 473.637, are repealed.
5 Sec. 17. [EFFECTIVE DATE.]
6 This article is effective the day following final enactment
7 and applies to the counties of Anoka, Carver, Dakota, Hennepin,
8 Ramsey, Scott, and Washington.
9 ARTICLE 4
4: 10 AIRPORT NOISE IMPACT RELIEF
11 Section 1. Laws 1995, chapter 255, article 3, section 2,
12 subdivision 1, is amended to read:
13 Subdivision 1. [URBAN REVITALIZATION AND STABILIZATION
14 ZONES.] 1AI By September 1, 1995, the metropolitan council shall
15 designate one or more urban revitalization and stabilization
16 zones in the metropolitan area, as defined in section 473.121,
17 subdivision 2. The designated zones must contain no more than
18 1,000 single family homes in total. In designating urban
19 revitalization and stabilization zones, the council shall choose
20 areas that are in transition toward blight and poverty. The
21 council shall use indicators that evidence increasing
22 neighborhood distress such as declining residential property
• ' • 23 values, declining resident incomes, declining rates of
24 owner-occupancy, and other indicators of blight and poverty in
25 determining which areas are to be urban revitalization and
?• � 26 stabilization zones.
27 (b) An urban revitalization and stabilization zone is
28 created in the geographic area composed entirely of parcels that
29 are in whole or in part located within the 1996 65Ldn contour
30 surrounding the Minneapolis-St. Paul International Airport, or
31 within one mile of the boundaries of the 1996 65Ldn contour.
32 For residents of the zone created under this paragraph,
33 eligibility for the program as provided in subdivision 2 is
34 limited to persons buying and occupying a residence in the zone
35 after June 1, 1996.
36' Sec. 2. Laws 1995, chapter 255, article 3, section 2,
. rao,1' 'i•p0 Article 4 Section 2 32
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CHAPTER No. 464
H.F. No. 3012K '
1 subdivision 4, is amended to read:
2 Subd. 4. [EXPIRATION. ] Initial applications for the urban ,
3 homesteading program in the zones designated under subdivision
4 1, paragraph (a), shall not be accepted after July 1, 1997.
5 Sec. 3. [AIRPORT NOISE IMPACT AREAS; HOUSING REPLACEMENT
6 DISTRICTS; DEFINITIONS.]
7 Subdivision 1. [AIRPORT NOISE IMPACT AREA.] "Airport noise
8 impact area" means a geographic area composed entirely of
9 parcels that are in whole or in part located within the 1996
10 60Ldn contour surrounding the Minneapolis-St. Paul International
11 Airport, or within one mile of the boundaries of the 1996 60Ldn
12 contour.
13 Subd. 2. [AUTHORITY. ] For each city that contains an
14 airport noise impact area, "authority" is the authority as
15 defined in Minnesota Statutes, section 469.174, subdivision 2,
16 that is designated by the governing body of the city to be the
17 authority for purposes of sections 3 to 6.
18 Subd. 3. [CAPTURED NET TAX CAPACITY.] "Captured net tax
19 capacity" means the amount by which the current net tax capacity
20 in a housing replacement district exceeds the original net tax
21 capacity, including the value of property normally taxable as
22 personal property by reason of its location on or over property
23 owned by a tax-exempt entity.
24 Subd. 4. [ORIGINAL NET TAX CAPACITY.] "Original net tax
25 capacity" means the net tax capacity of all taxable real
26 property within a housing replacement district as certified by
27 the commissioner of revenue for the previous assessment year
28 less the net tax capacity attributable to existing improvements,
29 provided that the request by the authority for certification of
30 a new housing replacement district has been made to the county
31 auditor by June 30. The original net tax capacity of housing
32 replacement districts for which requests are filed after June 30
33 has an original net tax capacity based on the current assessment
34 ear. In an case, the ori.inal net tax ca.acit must be
35 determined together with subsequent adjustments as set forth in
36 Minnesota Statutes, section 469.177, subdivision 1, paragraph
Article 4 Section 3 33 �'�,`
CHAPTER No 464
H.F. No. 3012
1 (c). In determining the original net tax capacity, the net tax
2 capacity of real property exempt from taxation at the time of
3 the request shall be zero, except for real property which is tax
` 4 exempt by reason of public ownership by the requesting authority
5 and which has been publicly owned for less than one year prior
6 to the date of the request for certification, in which event the
7 net tax capacity of the property shall be the net tax capacity
8 as most recently determined by the commissioner of revenue.
9 Subd. 5. [PARCEL.] "Parcel" means a tract or plat of land
10 established prior to the certification of the housing
.," 11 replacement district as a single unit for
;.. g purposes of assessment.
12 Sec. 4. [ESTABLISHMENT OP HOUSING REPLACEMENT DISTRICTS.]
13 Subdivision 1. [CREATION OF PROJECTS.] (a) An authority
14 may create a housing replacement project under sections 3 to 6,
• 15 as provided in this section.
16 (b) Parcels included in a district must be located in an
17 airport noise impact area, and must be either (1) vacant sites,
18 (2) parcels containing vacant houses, or (3) parcels containing
•
19 buildings that are structurally substandard, as defined in
20 Minnesota Statutes, section 469.174, subdivision 10.
21 (c) The city in which the authority is located must pay at
22 least 25 percent of the project costs from its general fund, a
23 property tax levy, or other unrestricted money, not including
24 tax increments.
25 (d) The housing replacement district plan must have as its
26 sole object the acquisition of parcels for the purpose of
27 preparing the site to be sold for market rate housing or for
28 commercial purposes consistent with the cities' plan for that
29 area. As used in this section, "market rate housing" means
;. . 30 housing that has a market value that does not exceed 150 percent
_�S y•,,;. t 4 31 of the average market value of single-family housing in that
32 municipality. '
33 (e) An authority may not create a housing replacement
34 project under this section, if the city has approved a special
35 law providing the city with housing replacement district
36 authority and if the authority has requested certification of a
rs'
Article 4 Section 4 34 •
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CHAPTER No. 464 "
H.F. No. 3012
1 parcel to be included in the district.
2 Subd. 2. [HOUSING REPLACEMENT DISTRICT PLAN.] To establish
3 a housing replacement district under sections 3 to 6, an
4 authority shall adopt a housing replacement district plan which
5 contains: f: `
6 (1) a statement of the objectives and a description of the
7 housing replacement projects proposed by the authority for the
8 housing replacement district;
9 (2) a statement of the housing replacement district plan,
10 demonstrating the coordination of that plan with the city's
11 comprehensive plan; 'OT`.
r ;
12 (3) estimates of the following:
13 (i) cost of the program, including administrative expenses;
14 (ii) sources of revenue to finance or otherwise pay public
15 costs;
•
16 (iii) the most recent net tax capacity of taxable real
17 property within the housing replacement district; and
18 (iv) the estimated captured net tax capacity of the housing '
19 replacement district at completion;
20 (4) statements of the authority's alternate estimates of
21 the impact of the housing replacement district on the net tax
22 capacities of all taxing jurisdictions in which the housing •
23 replacement district is located in whole or in part. For
24 purposes of one statement, the authority shall assume that the
25 estimated captured net tax capacity would be available to the
26 taxing jurisdictions without creation of the housing replacement
27 district, and for purposes of the second statement, the
28 authority shall assume that none of the estimated captured net
29 tax capacity would be available to the taxing jurisdictions
30 without creation of the housing replacement district; and
31 (5) identification of all parcels to be included in the
32 district.
33 Subd. 3. [PROCEDURE.] The provisions of Minnesota
34 Statutes, section 469.175, subdivisions 3, 4, 5, and 6, apply to
35 the establishment and operation of the housing replacement
36 districts created under sections 3 to 6, except as follows:
Article 4 Section 4 35
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N• CHAPTER No 464
.; ' r° H.F. No 3012
1 (1) creation of a district within a municipality is subject
•
2 to the approval of the metropolitan council in addition to other
3 approvals required by law; and
4 (2) the determination specified in Minnesota Statutes,
5 section 469.175, subdivision 3, clause (1), is not required.
6 Sec. 5. [LIMITATIONS.]
t ?r 7 Subdivision 1. [DURATION LIMITS.] No tax increment may be
8 paid to the authority on each parcel in a housing replacement
9 district after 15 years from date of receipt by the county of
Y
1� Y Y
10 the fi r st tax increment from that parcel.
11 Subd. 2. [LIMITATION ON USE OF TAX INCREMENTS.) All
12 revenues derived from tax increments must be used in accordance
13 with the housing replacement district plan. The revenues must
14 be used solely to pay the costs of site acquisition, relocation,
15 demolition of existing structures, site preparation, and
16 pollution abatement on parcels identified in the housing
17 replacement district plan, as well as public improvements and
18 administrative costs directly related to those parcels.
19 Sec. 6. [APPLICATION OF OTHER LAWS.]
20 Subdivision 1. [COMPUTATION OF TAX INCREMENT.] The
21 provisions of Minnesota Statutes, section 469.177, subdivisions
=;3!; 'Y': 22 la, and 5 to 10, apply to the computation of tax increment for
23 the housing replacement districts created under sections 3 to 6.
24 Subd. 2. [OTHER PROVISIONS.] References in Minnesota
25 Statutes to tax increment financing districts created and tax
26 increments generated under Minnesota Statutes, sections 469.174
' 27 to 469.179, other than references in Minnesota Statutes, section
^t `: 28 273.1399, include housing replacement districts and tax
rF
29 increments subject to sections 3 to 6, provided that Minnesota
30 Statutes, sections 469.174 to 469.179, apply only to the extent
31 specified in sections 1 to 4. •
32 Subd. 3. [MINNEAPOLIS SPECIAL LAW.] Laws 1980, chapter
33 5g5, section 2, subdivision 2, does not apply to a district
<,. 34 created under sections 3 to 6.
` 35 Sec. 7. [EFFECTIVE DATE.]
36 Sections 1 and 2 are effective for taxable years beginning
:'i Article 4 Section 7 36
CHAPTER No. 464 i} ?, 5``r;'?i''k'"
H.F. No. 3012
1 after December 31, 1997. Sections 3 to 6 are effective July 1,
•
2 1997.
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CHAPTER No 464 r 1 '.
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H.F. No. 3012 1::".:A P.?: '
f x,.44. ; .
II This bill was passed in conformity to the rules of each house and the joint rules <,.
of the two houses as required by the Constitution of the State of Minnesota.
r i'.....,1".4.:•..,,
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Irvin derso All H.Spear '
• r
Speaker of the House of Representatives. Presides of the Senate. l�r P �i� j;
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April 2, 1 96
Passed the House of Representatives o
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e/sicianciitenvdez4,14:64 t.,.•'!. '-'':' ' -.
Edward A.Burdick
Chief Clerk,House of Representatives. ,
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Passed the Senate on April 2, 1996. • 1....'. V
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Patrick E.Flahaven
'�, '
Secretary of the Senate.
This bill is properly enrolled and was presented to the it
Governor on (_(.4�J y , 1996.
77F.
• Harry M.Walsh
Revisor of Statutes. 1
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44
Approved on ��1� ��- 1996,at 2'�G Q •M. •�
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Arne H. Carlson
Governor. ,x , '..,
• ri( la ,
Filed on , 1996.
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/ Joan Anderson rowe ,t
Secretary of State.
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38 ,
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• ' STATE OF MINNESOTA
� OFFICE OF THE GOVERNOR
` 130 STATE CAPITOL
•
Vit
,.. SAINT PAUL 55155
e, .,'1..,
• ARNE H.CARLSON
GOVERNOR t
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April 12, 1996
* i
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The Honorable Iry Anderson `"
' Speaker of the House of Representatives • 4: •
•
463 State Office Building ^5p' w
Saint Paul,Minnesota 55155 •
1 .a� • `
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•• •
Dear Speaker Anderson:
I have signed and deposited with the Secretary of State Chapter 464,HE 3012.
• There are several provisions in this bill that compel me to sign. First,the bill ends the metropolitan I: •
•
dual track sighting process. Common sense and many different studies have led to the logical
conclusion that the best place for our airport is at its current location.
Second,the bill approves the Kelly Farm/Met Center Tax Increment Finance district swap
•
necessary for the expansion of the airport. Without this language,the state could face potential
costs in the multi-million dollar range,and the needed expansion at the current airport would be
delayed.
The bill also finally ends the political stranglehold that Minneapolis legislators have put on
necessary expansion of Interstate 394 at Penn Avenue. '
It is unfortunate that certain legislators used these worthy issues as their vehicle for serious •
legislative mischief during the waning hours of the 1996 session. There are several provisions in
this bill which deserve to be vetoed,and my administration will work diligently to remove them in
future years.
The Metropolitan Council is authorized to increase metropolitan property taxes by$2 million for
the purpose of funding the"goals"outlined in the 1995 liveable communities legislation. This tax
is levied metro-wide,but grants will only be made to cities adopting the liveable communities
"goals." I vetoed legislation similar to this last year,and I will strongly encourage all members of
the Metropolitan Council not to implement new taxes authorized by this legislation.
The bill allows the Metropolitan Council to inappropriately use bond funds intended for solid
waste facility sighting for the purpose of planning grants and loans. The council should not
continue to use this bond fund for purposes other than intended. The money in this fund should
more appropriately be used to pay off the bonds before maturity.
(612)296-3391-Voice AN EQUAL OPPORTUNITY EMPLOYER (612)296-0075-TDD
(800)657-3717-Voice PRINTED ON RECYCLED PAPER CONTAINING IMPOST CONSUMER MATERIAL (800)657-3598-TDD
. S.N521445 }•.
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April 12, 1996 '' ^, •,.,
Page Two . '
St.Louis Park is also the beneficiary of an unusual TIF district tax break. The ink was hardly dry
on the 1995 session laws outlining how this community would be required to pay for its TIF
project when this bill was passed to reduce their financial obligation by 30%. Unfortunately,it is •
taxpayers living in different legislative districts whose taxes will pay for this generosity.
The Metropolitan Council is also required to establish a program fund for"transit foiliveable
communities." There are two serious problems with this fund. First,no appropriation is included. •
I fail to understand why the legislature would create such a fund without funding. Second,and •
more importantly,the uses of this fund are too broadly defined. The language lists a myriad of
transportation uses and finishes with"or otherwise promoting the goals of the metropolitan
liveable communities act." As stated earlier,this opens the door for a state or metropolitan wide •
tax to be distributed based upon legislation that was originally designed as a set of voluntary,
affordable housing goals for the metropolitan area. •
Finally,tax breaks are provided for people who purchase a home affected by noise from the
airport. It is bad public policy to provide financial assistance to people for simply purchasing a •
home near an airport. Market prices reflect a property's value based on its location relative to
nuisances such as noise. If the state were to follow the legislature's idea to its logical conclusion,
we would be forced to provide tax breaks to anyone purchasing a home near a highway,business
district,factory,school,or other neighbor deemed a nuisance by the homeowner.
• ' that this provision was not included I.
objectionable is the fact tha •
What makes this provision even more obi P
in either version of this bill before it went to conference committee. House Rule 6.11 specifically.
cifically•
prohibits this activity. I find it distasteful for the legislature to pass rules and then flippantly
disregard them.
est regards ,:',A,,,..
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H. CARISON 1'""'4 '•
Governor I a
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c: Senator Allan Spear,President of the Senate
Senator Roger Moe,Majority Leader
Senator Dean Johnson, Minority Leader
- Representative Steve Sviggum,Minority Leader
Chief Senate Author(s)
}
Chief House Author(s) ,;...1-;r4- :;;4- -
Mr. Patrick E.Flahaven, Secretary of the Senate
Mr. Edward A.Burdick, Chief Clerk of the House ,_'<
Ms. Joan Anderson Growe, Secretary of State •
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