2005 Minnesota Statutes

     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 Repealed, 1989 c 339 s 24 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. 

    HIST: 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