Minnesota Legislature
HF 1408
as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2017 01:28pm
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| Introduction | Posted on 02/20/2017 |
Current Version - as introduced
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A bill for an act
relating to transportation; providing for county consent on certain trunk highway
projects; amending Minnesota Statutes 2016, sections 161.162, subdivisions 2, 4;
161.163, subdivision 2; 161.164, subdivisions 1, 2; 161.165, subdivision 5; 161.166,
subdivision 5; 161.3412, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 161.162, subdivision 2, is amended to read:
Subd. 2.
Final layout.
(a) "Final layout" means geometric layouts and supplemental
drawings that show the location, character, dimensions, access, and explanatory information
about the highway construction or improvement work being proposed. "Final layout"
includes, where applicable, traffic lanes, shoulders, trails, intersections, signals, bridges,
approximate right-of-way limits, existing ground line and proposed grade line of the highway,
turn lanes, access points and closures, sidewalks, proposed design speed, noise walls, transit
considerations, auxiliary lanes, interchange locations, interchange types, sensitive areas,
existing right-of-way, traffic volume and turning movements, location of storm water
drainage, location of municipal utilities, project schedule and estimated cost, and the name
of the project manager.
(b) "Final layout" does not include a cost participation agreement. For purposes of this
subdivision "cost participation agreement" means a document signed by the commissioner
and the governing body of a municipality new text begin or county new text end that states the costs of a highway
construction project that will be paid by the municipalitynew text begin or countynew text end .
Sec. 2.
Minnesota Statutes 2016, section 161.162, subdivision 4, is amended to read:
Subd. 4.
Governing body.
"Governing body" means the elected council of a municipalitynew text begin
or countynew text end .
Sec. 3.
Minnesota Statutes 2016, section 161.163, subdivision 2, is amended to read:
Subd. 2.
Traffic safety measures.
Nothing contained in sections 161.162 to 161.167
limits the power of the commissioner to regulate traffic or install traffic-control devices or
other safety measures on trunk highways located within municipalitiesnew text begin or countiesnew text end regardless
of their impact on access or traffic capacity or on the need for additional right-of-way.
Sec. 4.
Minnesota Statutes 2016, section 161.164, subdivision 1, is amended to read:
Subdivision 1.
Submission of final layout.
Before proceeding with the construction,
reconstruction, or improvement of any route on the trunk highway system lying within any
municipalitynew text begin or countynew text end , the commissioner shall submit to its governing body a final layout
and project report covering the purpose, route location, and proposed design of the highway.
The final layout must be submitted as part of a report containing any supporting data that
the commissioner deems helpful to the governing body in reviewing the final layout
submitted. The supporting data must include a good-faith cost estimate of all the costs in
which the governing body is expected to participate. The final layout must be submitted
before final decisions are reached so that meaningful early input can be obtained from the
municipalitynew text begin or countynew text end .
Sec. 5.
Minnesota Statutes 2016, section 161.164, subdivision 2, is amended to read:
Subd. 2.
Governing body action.
(a) Within 15 days of receiving a final layout from
the commissioner, the governing body shall schedule a public hearing on the final layout.
The governing body shall, within 60 days of receiving a final layout from the commissioner,
conduct a public hearing at which the Department of Transportation shall present the final
layout for the project. The governing body shall give at least 30 days' notice of the public
hearing.
(b) Within 90 days from the date of the public hearing, the governing body shall approve
or disapprove the final layout in writing, as follows:
(1) If the governing body approves the final layout or does not disapprove the final
layout in writing within 90 days, in which case the final layout is deemed to be approved,
the commissioner may continue the project development.
(2) If the final construction plans contain changes in access, traffic capacity, or acquisition
of permanent right-of-way from the final layout approved by the governing body, the
commissioner shall resubmit the portion of the final construction plans where changes were
made to the governing body. The governing body must approve or disapprove the changes,
in writing, within 60 days from the date the commissioner submits them.
(3) If the governing body disapproves the final layout, the commissioner may make
modifications requested by the municipalitynew text begin or countynew text end , decide not to proceed with the project,
or refer the final layout to an appeal board. The appeal board shall consist of one member
appointed by the commissioner, one member appointed by the governing body, and a third
member agreed upon by both the commissioner and the governing body. If the commissioner
and the governing body cannot agree upon the third member, the chief justice of the Supreme
Court shall appoint a third member within 14 days of the request of the commissioner to
appoint the third member.
Sec. 6.
Minnesota Statutes 2016, section 161.165, subdivision 5, is amended to read:
Subd. 5.
Final construction plans issued.
The commissioner shall send a complete set
of final construction plans to the municipalitynew text begin or countynew text end at least 45 days before the bid
opening for informational purposes.
Sec. 7.
Minnesota Statutes 2016, section 161.166, subdivision 5, is amended to read:
Subd. 5.
Final construction plans issued.
The commissioner shall send a complete set
of final construction plans to the municipalitynew text begin or countynew text end at least 45 days before the bid
opening for informational purposes.
Sec. 8.
Minnesota Statutes 2016, section 161.3412, subdivision 4, is amended to read:
Subd. 4.
Municipal new text begin or county new text end consent.
Use of the design-build method of state
transportation project delivery is subject to state law concerning municipal new text begin or county new text end consent
to highways in municipalitiesnew text begin or countiesnew text end .