HF 930

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the metropolitan council; providing for 
  1.3             local approval process for certain capital improvement 
  1.4             projects for which easements will be acquired by 
  1.5             eminent domain; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 473. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [473.92] [DEFINITIONS.] 
  1.9      Subdivision 1.  [APPLICABILITY.] The terms in sections 
  1.10  473.92 to 473.94 have the meanings given them in this section. 
  1.11     Subd. 2.  [CAPITAL IMPROVEMENT PROJECT.] "Capital 
  1.12  improvement project" means any of the following types of 
  1.13  projects for which the council has authority under law to 
  1.14  acquire easements by eminent domain: 
  1.15     (1) construction, expansion, or improvement of public 
  1.16  transit facilities, including exclusive transitways, 
  1.17  park-and-ride facilities, passenger hubs, and vehicle 
  1.18  maintenance facilities; and 
  1.19     (2) construction, expansion, or improvement of interceptor 
  1.20  or treatment works or other waste facilities for the collection, 
  1.21  processing, or disposal of sewage or sewage waste. 
  1.22     Subd. 3.  [FINAL LAYOUT.] (a) "Final layout" means 
  1.23  geometric layouts and supplemental drawings that show the 
  1.24  location, character, dimensions, access, property or 
  1.25  right-of-way limits, easements acquired, and explanatory 
  1.26  information about a capital improvement project. 
  2.1      (b) In the case of public transit facilities, final layout 
  2.2   includes any improvements to roadways, bridges, intersections, 
  2.3   and approaches that are an essential element of the project. 
  2.4      Subd. 4.  [CITY.] "City" means a home rule charter or 
  2.5   statutory city within the metropolitan area. 
  2.6      Subd. 5.  [GOVERNING BODY.] "Governing body" means the city 
  2.7   council of a city. 
  2.8      Sec. 2.  [473.93] [APPROVAL OF FINAL LAYOUT.] 
  2.9      Subdivision 1.  [SUBMISSION OF FINAL LAYOUT.] Before 
  2.10  proceeding with the construction of a capital improvement 
  2.11  project lying within a city, the council shall submit to its 
  2.12  governing body a final layout of the project.  The final layout 
  2.13  must be submitted as part of a report containing any supporting 
  2.14  data that the council deems helpful to the governing body in 
  2.15  reviewing the final layout submitted.  The supporting data must 
  2.16  include a detailed description of all easements that the council 
  2.17  determines will be or may be taken by eminent domain. 
  2.18     Subd. 2.  [GOVERNING BODY ACTION.] (a) Within 15 days of 
  2.19  receiving a final layout from the council, the governing body 
  2.20  shall schedule a public hearing on the final layout.  The 
  2.21  governing body shall, within 60 days of receiving a final layout 
  2.22  from the council, conduct a public hearing at which the council 
  2.23  shall present the final layout for the project.  The governing 
  2.24  body shall give at least 30 days' notice of the public hearing. 
  2.25     (b) Within 90 days from the date of the public hearing, the 
  2.26  governing body shall approve or disapprove the final layout in 
  2.27  writing, as provided in clause (1), (2), or (3): 
  2.28     (1) if the governing body approves the final layout or does 
  2.29  not disapprove the final layout in writing within 90 days, in 
  2.30  which case the final layout is deemed to be approved, the 
  2.31  council may continue the project development; 
  2.32     (2) if the final construction plans for a project contain 
  2.33  significant changes in acquisition of easements from the final 
  2.34  layout approved by the governing body, the council shall 
  2.35  resubmit the portion of the final construction plans where 
  2.36  changes were made to the governing body.  The governing body 
  3.1   must approve or disapprove the changes, in writing, within 60 
  3.2   days from the date the council submits them; 
  3.3      (3) if the governing body disapproves the final layout, the 
  3.4   council may make modifications requested by the municipality, 
  3.5   decide not to proceed with the project, or refer the final 
  3.6   layout to an appeal board.  
  3.7      (c) The appeal board shall consist of one member appointed 
  3.8   by the chair of the council, one member appointed by the 
  3.9   governing body, and a third member agreed upon by both the 
  3.10  council chair and the governing body.  If the council chair and 
  3.11  the governing body cannot agree upon the third member, the chief 
  3.12  justice of the supreme court shall appoint a third member within 
  3.13  14 days of the request of the council to appoint the third 
  3.14  member. 
  3.15     Subd. 3.  [APPEAL BOARD.] Within 30 days after referral of 
  3.16  the final layout, the appeal board shall hold a hearing at which 
  3.17  the council and the governing body may present the case for or 
  3.18  against approval of the final layout referred.  Not later than 
  3.19  60 days after the hearing, the appeal board shall recommend 
  3.20  approval, approval with modifications, or disapproval of the 
  3.21  final layout, making additional recommendations consistent with 
  3.22  state and federal requirements as it considers appropriate.  It 
  3.23  shall submit a written report containing its findings and 
  3.24  recommendations to the council and the governing body. 
  3.25     Sec. 3.  [473.94] [COUNCIL ACTION.] 
  3.26     Subdivision 1.  [ACTION ON APPROVED FINAL LAYOUT.] If the 
  3.27  appeal board recommends approval of the final layout or does not 
  3.28  submit its findings or recommendations within 60 days of the 
  3.29  hearing, in which case the final layout is deemed approved, the 
  3.30  council may prepare substantially similar final construction 
  3.31  plans and proceed with the project.  If the final construction 
  3.32  plans contain significant changes in the acquisition of 
  3.33  easements from the final layout approved by the appeal board, 
  3.34  the council shall submit the portion of the final construction 
  3.35  plan that shows the changes to the governing body for its 
  3.36  approval or disapproval under section 473.93, subdivision 2. 
  4.1      Subd. 2.  [ACTION ON FINAL LAYOUT APPROVED WITH 
  4.2   CHANGES.] (a) If the appeal board approves the final layout with 
  4.3   modifications, the council may: 
  4.4      (1) prepare final construction plans including the 
  4.5   modifications, notify the governing body, and proceed with the 
  4.6   project; 
  4.7      (2) decide not to proceed with the project; or 
  4.8      (3) prepare a new final layout and resubmit it to the 
  4.9   governing body for approval or disapproval under section 473.93, 
  4.10  subdivision 2. 
  4.11     (b) If the final construction plans contain significant 
  4.12  changes in acquisition of easements from the final layout 
  4.13  approved by the appeal board or the governing body, the council 
  4.14  shall resubmit the portion of the final construction plans that 
  4.15  shows the changes to the governing body for its approval or 
  4.16  disapproval under section 473.93, subdivision 2. 
  4.17     Subd. 3.  [ACTION ON DISAPPROVED FINAL LAYOUT.] If the 
  4.18  appeal board disapproves the final layout, the council may: 
  4.19     (1) decide not to proceed with the project; or 
  4.20     (2) prepare a new final layout and submit it to the 
  4.21  governing body for approval or disapproval under section 473.93, 
  4.22  subdivision 2. 
  4.23     Sec. 4.  [APPLICABILITY.] 
  4.24     Sections 1 to 3 apply in the counties of Anoka, Carver, 
  4.25  Dakota, Hennepin, Ramsey, Scott, and Washington.