HF 1922

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to highways; authorizing cities to establish 
  1.3             a municipal involvement process for certain trunk 
  1.4             highway construction or reconstruction projects; 
  1.5             providing for appointment of task forces for those 
  1.6             projects and prescribing their powers; amending 
  1.7             Minnesota Statutes 1994, sections 161.172; 161.173; 
  1.8             161.174; and 161.177. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 161.172, is 
  1.11  amended to read: 
  1.12     161.172 [MUNICIPALITIES TO CONSENT.] 
  1.13     Subdivision 1.  [APPROVAL PROCEDURES TO BE FOLLOWED.] 
  1.14  Except for routes on the interstate system, no state trunk 
  1.15  highway or any part thereof, located within the corporate limits 
  1.16  of any municipality, shall be constructed or improved in the 
  1.17  manner specified in this section without the consent of the 
  1.18  governing body of such municipality, unless the procedures 
  1.19  prescribed by sections 161.172 to 161.177 shall have been 
  1.20  followed by the commissioner of transportation.  The highway 
  1.21  improvements requiring consent are limited to those improvements 
  1.22  which alter access, increase or reduce highway traffic capacity 
  1.23  or require acquisition of permanent rights-of-way.  This section 
  1.24  shall not limit the power of the commissioner to regulate 
  1.25  traffic or install traffic control devices or other safety 
  1.26  measures on trunk highways located within municipalities. 
  1.27     Subd. 2.  [MUNICIPAL INVOLVEMENT PROCESS.] Where a trunk 
  2.1   highway construction or reconstruction project that is subject 
  2.2   to subdivision 1 involves significant changes in a statutory or 
  2.3   home rule charter city's access to a trunk highway, the city may 
  2.4   by resolution establish a municipal involvement process to plan 
  2.5   and evaluate the project.  The resolution must describe the 
  2.6   project in sufficient detail to make clear which actions of the 
  2.7   commissioner will be subject to the process.  In developing and 
  2.8   implementing the process the city shall have as its primary goal 
  2.9   the inclusion and active participation of all identifiable 
  2.10  interests in the city, including, but not limited to, 
  2.11  residential areas, commercial areas, and segments of the 
  2.12  population that would be significantly affected by the project.  
  2.13  As part of the process the city shall create and appoint a task 
  2.14  force consisting of local residents, local elected officials, 
  2.15  and the district engineer in charge of the project or the 
  2.16  district engineer's designated representative.  The city may 
  2.17  employ consultants for the task force as the city deems 
  2.18  necessary.  The municipality must approve the task force's 
  2.19  report before an appeal under section 161.177, subdivision 2, 
  2.20  may be initiated.  Where the access of two or more cities to a 
  2.21  trunk highway is significantly affected by a single project the 
  2.22  cities may jointly establish a municipal involvement process 
  2.23  under section 471.59. 
  2.24     Subd. 3.  [TRUNK HIGHWAY PRIORITY AND PROGRAMMING.] Nothing 
  2.25  contained in this section shall be construed as in any way 
  2.26  limiting the commissioner's discretion to determine the priority 
  2.27  and programming of trunk highway construction. 
  2.28     Sec. 2.  Minnesota Statutes 1994, section 161.173, is 
  2.29  amended to read: 
  2.30     161.173 [SUBMISSION OF CORRIDOR PROPOSAL.] 
  2.31     Subdivision 1.  [SUBMISSION OF PLANS.] The commissioner 
  2.32  shall submit to the governing body of each municipality wherein 
  2.33  a trunk highway is proposed to be constructed or improved, and 
  2.34  to the governing body of each municipality adjacent to any such 
  2.35  municipality, a report containing:  a statement of the need for 
  2.36  this proposed construction or improvement, a description of 
  3.1   alternate routes which were considered by the commissioner and 
  3.2   an explanation of the advantages and disadvantages in the 
  3.3   selection of any route considered.  The report shall also 
  3.4   contain for each alternate, the following information:  general 
  3.5   alignment and profile, approximate points of access, highway 
  3.6   classification, an approximate cost estimate, relation to 
  3.7   existing and planned regional and local development and to other 
  3.8   transportation routes and facilities, and a statement of the 
  3.9   expected general effect on present and future use of the 
  3.10  property within the corridor.  Where a state trunk highway is 
  3.11  proposed to be constructed or improved within the metropolitan 
  3.12  area, a copy of the report shall also be submitted to the 
  3.13  metropolitan council.  In all areas of the state a copy of the 
  3.14  report shall be sent to established regional, county and 
  3.15  municipal planning commissions in the area affected by the 
  3.16  highway project.  
  3.17     Subd. 2.  [HEARINGS.] Not less than 45 nor more than 90 
  3.18  days, or as otherwise mutually agreed, after the report has been 
  3.19  submitted, the commissioner, or in the case of a project where a 
  3.20  municipal involvement process has been established, the task 
  3.21  force appointed for that project under section 161.172, 
  3.22  subdivision 2, shall hold a public hearing on the proposed 
  3.23  highway construction or improvement at such time and place 
  3.24  within any municipality wherein a portion of the proposed 
  3.25  construction or improvement is located, as the commissioner 
  3.26  shall determine.  Not less than 30 days before the hearing the 
  3.27  commissioner shall mail notice thereof to the governing body of 
  3.28  each municipality or agency entitled to receive a copy of the 
  3.29  report, and shall cause notice of the hearing to be published at 
  3.30  least once each week for two successive weeks in a newspaper or 
  3.31  newspapers having general circulation in such municipalities, 
  3.32  the second publication to be not less than five days before the 
  3.33  date of the hearing.  The notice shall state the date, time, 
  3.34  place and purpose of the hearing, shall describe the proposed or 
  3.35  actual general location of the highway to be constructed or 
  3.36  improved, and shall state where the report may be inspected 
  4.1   prior to the hearing by any interested person.  The hearing 
  4.2   shall be conducted by the commissioner or the commissioner's 
  4.3   designee, or by the task force where one has been appointed, and 
  4.4   shall be transcribed and a record thereof mailed to each 
  4.5   municipality or agency entitled to receive a copy of the 
  4.6   report.  All interested persons shall be permitted to present 
  4.7   their views on the proposed highway construction or 
  4.8   improvement.  The hearing may be continued as often as 
  4.9   necessary, at the determination of the commissioner or, for 
  4.10  hearings conducted by a municipal involvement task force, at the 
  4.11  determination of the task force.  
  4.12     Subd. 3.  [MUNICIPAL APPROVAL OR DISAPPROVAL.] This 
  4.13  subdivision applies to highway projects for which a municipal 
  4.14  involvement process has not been established under section 
  4.15  161.172, subdivision 2.  Within 120 days after the hearing is 
  4.16  completed, the governing body of each municipality or agency 
  4.17  entitled to receive a copy of the report shall submit to the 
  4.18  commissioner its approval or disapproval of the report.  If all 
  4.19  or any part of the report is disapproved, the municipality or 
  4.20  agency shall state the reasons for such disapproval and 
  4.21  suggested changes in the report.  The commissioner shall, before 
  4.22  preparing additional plans for the proposed highway construction 
  4.23  or improvement, submit to the governing body of each 
  4.24  municipality or agency disapproving the report, a statement 
  4.25  accepting or rejecting any suggested changes and the reasons for 
  4.26  acceptance or rejection. 
  4.27     Subd. 4.  [MUNICIPAL INVOLVEMENT PROCESS.] In the case of a 
  4.28  project for which a municipal involvement process has been 
  4.29  established under section 161.172, subdivision 2, the task force 
  4.30  established under the process shall, within 120 days of 
  4.31  completing its hearing or hearings on the corridor proposal, 
  4.32  approve or disapprove the proposal.  If the task force 
  4.33  disapproves the commissioner's proposal the task force shall 
  4.34  provide the commissioner with recommended changes in the 
  4.35  proposal.  The commissioner shall not proceed with preparing 
  4.36  layout plans for the project until the commissioner and the task 
  5.1   force have reached an agreement concerning the task force's 
  5.2   recommended changes in the corridor proposal. 
  5.3      Sec. 3.  Minnesota Statutes 1994, section 161.174, is 
  5.4   amended to read: 
  5.5      161.174 [SUBMISSION OF LAYOUT PLANS.] 
  5.6      Subdivision 1.  [PLANS; CONTENTS.] The commissioner shall 
  5.7   submit to the governing body of each municipality wherein a 
  5.8   highway is proposed to be constructed or improved, a proposed 
  5.9   layout plan for the highway construction or improvement 
  5.10  containing:  the proposed location, elevation, width and 
  5.11  geometrics of the construction or improvement, together with a 
  5.12  statement of the reasons therefor.  Said The plan shall also 
  5.13  contain:  approximate right-of-way limits; a tentative schedule 
  5.14  for right-of-way acquisition, if known; proposed access points; 
  5.15  frontage roads; separation structures and interchanges; location 
  5.16  of utilities, when known; landscaping, illumination, a tentative 
  5.17  construction schedule, if known; and the estimated cost of the 
  5.18  construction or improvement.  The commissioner shall submit more 
  5.19  than one layout plan.  Each such plan shall also be submitted to 
  5.20  the metropolitan council if any portion of the proposed highway 
  5.21  construction or improvement is located in the metropolitan 
  5.22  area.  In all areas of the state a copy of the layout plan shall 
  5.23  be sent to established regional, county and municipal planning 
  5.24  commissions in the area affected by the highway project.  
  5.25     Subd. 2.  [HEARING.] Not less than 90 nor more than 120 
  5.26  days after said the plan has been submitted, the commissioner, 
  5.27  or in the case of a project where a municipal involvement 
  5.28  process has been established, the task force appointed for that 
  5.29  project under section 161.172, subdivision 2, shall hold a 
  5.30  public hearing on the proposed highway construction or 
  5.31  improvement at such time and place within any municipality 
  5.32  wherein a portion of the construction or improvement is located, 
  5.33  as the commissioner or task force shall determine.  The hearing 
  5.34  shall be noticed, held and conducted in the manner provided in 
  5.35  section 161.173, except that the commissioner shall mail notice 
  5.36  of the hearing only to those municipalities and agencies 
  6.1   entitled to receive a copy of the layout plan.  The hearing 
  6.2   shall be transcribed and a record thereof made available to each 
  6.3   municipality or agency entitled to receive a copy of said the 
  6.4   plan.  
  6.5      Subd. 3.  [ADOPTION OF PLAN.] (a) Within 180 days after the 
  6.6   hearing is completed, the commissioner shall formally adopt a 
  6.7   layout plan.  A copy of the layout plan as adopted shall be 
  6.8   submitted to each municipality or agency entitled to receive a 
  6.9   copy of the proposed plan, and to the task force where one has 
  6.10  been appointed, together with the reasons for any change in the 
  6.11  plan as presented at the hearing.  Within 120 days after the 
  6.12  receipt of the adopted layout plan, each such municipality or, 
  6.13  agency, or task force shall submit to the commissioner its 
  6.14  approval or disapproval of the layout plan and the reasons for 
  6.15  such disapproval, and proposed alternatives, which may include a 
  6.16  recommendation of no highway.  
  6.17     (b) Such Alternatives submitted by a municipality located 
  6.18  within the metropolitan area shall, upon request of the 
  6.19  municipality, be reviewed by the metropolitan council in order 
  6.20  to determine whether such alternatives are likely to meet 
  6.21  minimum federal requirements.  The metropolitan council is 
  6.22  authorized to provide whatever assistance it deems advisable to 
  6.23  the submitting municipality in order to assist it in arriving at 
  6.24  an alternative which meets minimum federal requirements.  
  6.25     (c) If said the plan or any part thereof is not disapproved 
  6.26  within such period, the commissioner may proceed to prepare 
  6.27  final construction plans and specifications for the highway 
  6.28  construction or improvement consistent with the adopted layout 
  6.29  plan, and may acquire the necessary right-of-way.  
  6.30     Subd. 4.  [PLAN DISAPPROVAL.] This subdivision applies to 
  6.31  projects where no municipal involvement process has been 
  6.32  established.  If the layout plan or any part thereof is 
  6.33  disapproved by any municipality or agency, and the commissioner 
  6.34  determines to proceed with the plan without modifications, the 
  6.35  commissioner shall proceed in the manner provided in section 
  6.36  161.175.  On determining to proceed with the plan with 
  7.1   modifications, the commissioner shall submit the modified layout 
  7.2   plan to the municipalities and agencies entitled to receive the 
  7.3   original layout plan in the manner described above, for approval 
  7.4   or disapproval by each such municipality or agency within 60 
  7.5   days after receipt of the modified layout plan.  If the modified 
  7.6   layout plan or any part thereof is not disapproved by any 
  7.7   municipality or agency within 60 days after its receipt, the 
  7.8   commissioner may proceed to prepare final construction plans and 
  7.9   specifications consistent with the modified layout plan, and may 
  7.10  acquire the necessary right-of-way.  If the modified plan is 
  7.11  disapproved by any municipality and the commissioner determines 
  7.12  to proceed with the plan without additional modification, the 
  7.13  commissioner shall proceed in the manner provided in section 
  7.14  161.175.  If the layout plan is disapproved, either as 
  7.15  originally submitted or as modified and the commissioner does 
  7.16  not act pursuant to section 161.175, within one year from the 
  7.17  date of the completion of the hearing, any objecting 
  7.18  municipality entitled to receive a copy of the layout plan by 
  7.19  virtue of this section may invoke the appellate procedure 
  7.20  pursuant to section 161.175, in the same manner as the same 
  7.21  might be invoked by the commissioner.  In the event the 
  7.22  appellate procedure is invoked by either the commissioner or the 
  7.23  municipality, the commissioner shall hold a public hearing prior 
  7.24  to the appointment of an appeal board.  Such hearing shall be 
  7.25  limited to the proposed alternative layout plans. 
  7.26     Subd. 5.  [MUNICIPAL INVOLVEMENT PROCESS; DISAPPROVAL OF 
  7.27  PLANS.] If a task force established under section 161.172 
  7.28  disapproves a layout plan under subdivision 3, it must submit to 
  7.29  the commissioner its recommended changes in the plan.  The 
  7.30  commissioner may not proceed with the project until the 
  7.31  commissioner and the task force have reached an agreement 
  7.32  concerning the task force's recommended changes in the plan. 
  7.33     Sec. 4.  Minnesota Statutes 1994, section 161.177, is 
  7.34  amended to read: 
  7.35     161.177 [CONSTRUCTION PLANS AND SPECIFICATIONS.] 
  7.36     Subdivision 1.  [SUBMISSION OF CONSTRUCTION PLANS.] Not 
  8.1   less than 120 days before the date specified by the commissioner 
  8.2   for the receipt of construction bids for the construction or 
  8.3   improvement of any state trunk highway within any municipality, 
  8.4   the commissioner shall submit to the governing body of each 
  8.5   municipality or agency, or task force established under section 
  8.6   161.172, entitled to receive a copy of the layout plan therefor 
  8.7   under section 161.174, a copy of as complete a set of 
  8.8   construction plans as is possible which will be issued to 
  8.9   prospective bidders.  All such plans shall be in accordance with 
  8.10  the highway construction or improvement layout plan as approved 
  8.11  under section 161.174, or section 161.176.  
  8.12     Subd. 2.  [APPEAL BOARD.] If the construction plans are not 
  8.13  in accordance with the layout plan as approved, the task force 
  8.14  established under section 161.172, subdivision 2, or governing 
  8.15  body of any municipality or agency entitled to receive notice of 
  8.16  the hearing under section 161.174, within 60 days after the 
  8.17  receipt of such construction plans, may request the 
  8.18  establishment of a highway appeal board as provided in section 
  8.19  161.175, and the highway appeal board shall approve the plans 
  8.20  following the procedures outlined in that section, except that 
  8.21  action and comment is limited to changes from or additions to 
  8.22  the layout.  Changes in design capacity required to accommodate 
  8.23  increased traffic forecasts shall not be considered deviations 
  8.24  from the layout.  A copy of any plans prepared to affect any 
  8.25  highway construction or improvement plan previously approved by 
  8.26  the highway appeal board, shall also be sent to the chair of the 
  8.27  board.  If the construction plans are not in accordance with the 
  8.28  layout plan approved by the board under section 161.176, the 
  8.29  board, within 60 days after the receipt of such plans, shall 
  8.30  issue its order directing the commissioner to withhold any 
  8.31  advertisement for construction bids until the plans are revised 
  8.32  to comply with the plan approved by the board, or are approved 
  8.33  by the board.  
  8.34     Subd. 3.  [MUNICIPAL INVOLVEMENT PROCESS; APPROVAL.] The 
  8.35  commissioner may not proceed with construction plans submitted 
  8.36  under this section for a project for which a municipal 
  9.1   involvement process has been established under section 161.172, 
  9.2   subdivision 2, until the task force appointed for that project 
  9.3   reaches an agreement with the commissioner concerning the 
  9.4   construction plans or the appeal process under sections 161.175 
  9.5   and 161.176 is completed. 
  9.6      Subd. 4.  [COMMISSIONER MAY PROCEED.] If (1) no task force 
  9.7   established for the project under section 161.172, municipality, 
  9.8   or agency requests the establishment of a highway appeal board, 
  9.9   or the highway appeal board does not issue its order, as 
  9.10  provided above, or (2) a task force established for the project 
  9.11  under section 161.172, subdivision 2, approves the plans, the 
  9.12  commissioner may proceed to advertise for construction bids.