HF 2952

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; permitting a city 
  1.3             to review certain capital projects for consistency 
  1.4             with section 473.254, subdivision 2.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [CAPITAL PROJECTS SUBJECT TO REVIEW.] 
  1.7      Subdivision 1.  [CAPITAL PROJECT DEFINED.] A capital 
  1.8   project of the metropolitan council or a metropolitan agency is 
  1.9   subject to review by the home rule charter or statutory city in 
  1.10  which the proposed capital project is to be located.  For 
  1.11  purposes of this section, a capital project is one that involves:
  1.12     (1) the construction of a new or expanded structure for 
  1.13  handling passengers, cargo, vehicles including transit vehicles, 
  1.14  or aircraft; or 
  1.15     (2) the construction of a new or the extension of an 
  1.16  existing runway, taxiway, or wastewater treatment plant or 
  1.17  facility defined in Minnesota Statutes, section 473.516.  
  1.18     Subd. 2.  [CITY REVIEW.] At least 18 months before the 
  1.19  scheduled start of construction or completion of any required 
  1.20  environmental approvals, whichever is earlier, the metropolitan 
  1.21  council or metropolitan agency that will own the facility must 
  1.22  submit to the city information necessary for the city to assess 
  1.23  the impact of the project upon the city's goals pursuant to 
  1.24  Minnesota Statutes, section 473.254, subdivision 2.  Within 90 
  1.25  days of receipt of the information, the city must convey the 
  2.1   results of its review to the council or metropolitan agency.  If 
  2.2   the city concludes that the project will not impede the 
  2.3   accomplishment of the goals, the project may proceed as planned.
  2.4   If the city concludes that the project will impede the 
  2.5   accomplishment of its goals, it must state: 
  2.6      (1) the reasons for its conclusion; and 
  2.7      (2) a means to have the project conform to the goals 
  2.8   including specific measures and costs of the measures.  
  2.9      Subd. 3.  [COUNCIL OR AGENCY RESPONSE.] Within 90 days of 
  2.10  receipt of the city's review, the council or metropolitan agency 
  2.11  by formal action of the governing body shall accept the 
  2.12  conclusions of the review or shall inform the city in writing of 
  2.13  its objections and reasons for the objections.  Within 30 days 
  2.14  of the receipt of the council's or metropolitan agency's 
  2.15  objections, the city must meet with the council or agency to 
  2.16  resolve the objections.  If the council or metropolitan agency 
  2.17  and city cannot agree on the conclusions and resulting measures 
  2.18  within 60 days of the first meeting, the issue must be submitted 
  2.19  for arbitration in accordance with Minnesota Statutes, sections 
  2.20  572.08 to 572.30, and the rules of the American Arbitration 
  2.21  Association.  Within 30 days after the request for arbitration, 
  2.22  the parties shall each select an arbitrator or agree upon a 
  2.23  single arbitrator.  If the parties each select an arbitrator, 
  2.24  the two arbitrators shall select a third arbitrator within 45 
  2.25  days after the demand for arbitration.  Each party shall pay the 
  2.26  expenses and fees of the arbitrator it selected and the parties 
  2.27  shall share equally the expenses of the third arbitrator or an 
  2.28  arbitrator agreed upon mutually by the parties.