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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS.
    Subdivision 1.[Repealed, 1989 c 339 s 24]
    Subd. 2. Preliminary design plans; public hearing. Before final design plans are prepared
for a light rail transit facility, the commissioner of transportation and the regional railroad
authority or authorities in whose jurisdiction the line or lines are located must hold a public
hearing on the physical design component of the preliminary design plans. The commissioner of
transportation and the regional railroad authority or authorities in whose jurisdiction the line or
lines are located must provide appropriate public notice of the hearing and publicity to ensure that
affected parties have an opportunity to present their views at the hearing. The commissioner shall
summarize the proceedings and testimony and maintain the record of a hearing held under this
section, including any written statements submitted.
    Subd. 3. Preliminary design plans; local approval. At least 30 days before the hearing
under subdivision 2, the commissioner of transportation shall submit the physical design
component of the preliminary design plans to the governing body of each statutory and home rule
charter city, county, and town in which the route is proposed to be located. The city, county, or
town shall hold a public hearing. Within 45 days after the hearing under subdivision 2, the city,
county, or town shall review and approve or disapprove the plans for the route to be located in
the city, county, or town. A local unit of government that disapproves the plans shall describe
specific amendments to the plans that, if adopted, would cause the local unit to withdraw its
disapproval. Failure to approve or disapprove the plans in writing within 45 days after the hearing
is deemed to be approval, unless an extension of time is agreed to by the city, county, or town and
the commissioner of transportation.
    Subd. 4. Preliminary design plans; council referral. If the governing body of one or more
cities, counties, or towns disapproves the preliminary design plans within the period allowed
under subdivision 3, the commissioner of transportation may refer the plans, along with any
comments of local jurisdictions, to the Metropolitan Council. The council shall hold a hearing on
the plans, giving the commissioner of transportation, any disapproving local governmental units,
and other persons an opportunity to present their views on the plans. The council may conduct
independent study as it deems desirable and may mediate and attempt to resolve disagreements
about the plans. Within 90 days after the referral, the council shall review the plans submitted
by the commissioner of transportation and the council shall decide what amendments to the
plans, if any, must be made to accommodate the objections presented by the disapproving local
governmental units. The commissioner shall make the amendments to the plans before continuing
the planning and designing process.
    Subd. 5. Final design plans. (a) If the final design plans incorporate a substantial change
from the preliminary design plans with respect to location, length, or termini of routes; general
dimension, elevation, or alignment of routes and crossings; location of tracks above ground, below
ground, or at ground level; or station locations, before beginning construction, the commissioner
shall submit the changed component of final design plans to the governing body of each statutory
and home rule city, county, and town in which the changed component is proposed to be located.
Within 60 days after the submission of the plans, the city, county, or town shall review and
approve or disapprove the changed component located in the city, county, or town. A local unit of
government that disapproves the change shall describe specific amendments to the plans that, if
adopted, would cause the local unit to withdraw its disapproval. Failure to approve or disapprove
the changed plans in writing within the time period is deemed to be approval, unless an extension
is agreed to by the city, county, or town and the commissioner.
(b) If the governing body of one or more cities, counties, or towns disapproves the changed
plans within the period allowed under paragraph (a), the commissioner may refer the plans,
along with any comments of local jurisdictions, to the Metropolitan Council. The council shall
review the final design plans under the same procedure and with the same effect as provided in
subdivision 4 for preliminary design plans.
    Subd. 6.[Repealed, 1993 c 353 s 20]
    Subd. 7. Council review. Before proceeding with construction of a light rail transit facility,
the commissioner must submit preliminary and final design plans to the Metropolitan Council.
The council must review the plans for consistency with the council's development guide and
approve the plans.
    Subd. 8. Metropolitan significance. This section does not diminish or replace the authority
of the council under section 473.173.
    Subd. 9. Light rail transit operating costs. (a) Before submitting an application for federal
assistance for light rail transit facilities in the metropolitan area, the applicant must provide to
the Metropolitan Council estimates of the amount of operating subsidy which will be required
to operate light rail transit in the corridor to which the federal assistance would be applied. The
information provided to the council must indicate the amount of operating subsidy estimated to be
required in each of the first ten years of operation of the light rail transit facility.
(b) The council must review and evaluate the information provided under paragraph (a) with
regard to the effect of operating the light rail transit facility on the currently available mechanisms
for financing transit in the metropolitan area.
    Subd. 10. Corridor Management Committee. A Corridor Management Committee shall
be established to advise the commissioner of transportation in the design and construction of
light rail transit in each corridor to be constructed. The Corridor Management Committee shall
consist of the following members:
(1) one member appointed by each city and county in which the corridor is located;
(2) the commissioner of transportation or a designee of the commissioner;
(3) two members appointed by the Metropolitan Council, one of whom shall be designated
as the chair of the committee;
(4) one member appointed by the Metropolitan Airports Commission, if the designated
corridor provides direct service to the Minneapolis-St. Paul International Airport; and
(5) one member appointed by the president of the University of Minnesota, if the designated
corridor provides direct service to the university.
The Corridor Management Committee shall advise the commissioner of transportation on
issues relating to the alternatives analysis, environmental review, preliminary design, preliminary
engineering, final design, implementation method, and construction of light rail transit.
    Subd. 11.[Repealed, 1998 c 404 s 84]
    Subd. 12.[Repealed, 1999 c 230 s 46]
    Subd. 13. Dispute resolution. In the event of a dispute between any of the parties arising
from the parties' respective authority and responsibility under this section, the dispute shall
be submitted to the Metropolitan Council for final resolution by any party to the dispute. The
Metropolitan Council shall establish by July 1, 1993, a process to ensure a prompt and speedy
resolution of the dispute. This process shall allow the parties to provide evidence and testimony in
support of their positions.
History: 1987 c 405 s 2; 1989 c 339 s 3-6; 1991 c 291 art 4 s 9; 1993 c 353 s 7-15; 1994 c
628 art 3 s 99; 1997 c 7 art 2 s 59; 1998 c 404 s 57-59; 1999 c 230 s 40-42; 2000 c 260 s 68

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