Minnesota Legislature
SF 80
as introduced - 89th Legislature (2015 - 2016) Posted on 02/20/2015 09:33am
Current Version - as introduced
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A bill for an act
relating to transportation; highways; providing for county consent on certain
trunk highway projects; amending Minnesota Statutes 2014, 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 2014, 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 2014, 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 2014, 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 2014, 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 2014, 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 2014, 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 2014, 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 2014, 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 .