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IV.5. Set Public Hearing Date - Municapal Consent - MNDOT Trunk Highway 169 Project City of Kopkins September 15, 2015 Council Report 2015-099 ORDER PUBLIC HEARING FOR MUNICIPAL CONSENT TRUNK HIGHWAY 169 IMPROVEMENTS STATE PROJECT 2772-113 Prouosed Action Staff recommends the following motion: adopt Resolution 2015-066, Resolution Ordering Public Hearing, Trunk Highway 169 Improvements. Overview Earlier this year the staff from the Minnesota Department of Transportation (MNDOT) notified the City of Hopkins that plans were being developed to rehabilitate Trunk Highway 169 from Golden Valley to Edina. The proposed project has many components, the largest being reconstruction of the bridge over Nine Mile Creek, which will cause a full closure of the highway between Bren Road in Minnetonka and 7�' Street South in Hopkins. MNDOT has been working with cities that will be affected by the project, and begun public outreach. MNDOT needs municipal consent from Hopkins to advance the project. MNDOT is proposing to acquire permanent right-of-way in Hopkins to create a storm water treahnent pond for the highway; right-of-way acquisition is a trigger for municipal consent. If MNDOT was not seeking the right-of-way, municipal consent would not be required for the bridge or highway work. MNDOT has begun the statutory process by officially submitting to the City. Once the layout has been submitted, the City has 15 days to schedule a public hearing which must take place no later than 60 days from the submittal. It is proposed that the public hearing on municipal consent be scheduled for November 2, 2015. Notice of the hearing will be advertised publicly per state statute. MNDOT staff will be at the public hearing to present and answer questions. Supporting Information ■ Municipal Consent Letter and Layout ■ Resolution 2015-066 Nate Stanley, P.E., City Engineer Financial Impact: Budgeted: Y/N_Source: Related Documents (CIP, ERP, etc.): Notes: r bO��p1NESDrqyO M�nnesota Department of Transportation ' � 1500 West County Roatl B2 ��1�.OF�P�� Roseville, MN 55113 September 10, 2015 Mr. Nate Stanley City of Hopkins— City Engineer 1010 15Y St. South Hopkins, MN 55343 RE: SP 2772-113 Highway 169 over Nine Mile Creek Bridge Replacement Project Municipal Consent Dear Mr. Stanley: The Minnesota Department of Transportation (MnDOT) is proceeding with plans to compfete State Project 2772-113, Highway 169 over Nine Mile Creek Bridge Replacement Project. In accordance with Minnesota Statute 161.164, MnDOT is submitting for City approval the project's Final Layout for Municipal Consent. MnDOT is seeking Municipal Consent from the City of Hopkins, MN for the above referenced project. The purpose of the project is to remove and repface the existing deteriorated Highway 169 bridge over Nine Mife Creek (Bridge#27568) and provide a safe and more durable structure for the traveling public whife meeting the existing/current highway noise levels. The project will also address stormwater management issues such as direct runoff draining into Nine Mile Creek by treating the bridge runoff prior to entering the Creek. The bridge condition warrants replacement as the sub structure and super structure are corroding due to water and salt exposure from bridge deck runoff. Therefore appropriate stormwater management will correct this concern as well. The Bridge is focated between Bren Road and 7th St. in the City of Hopkins, MN. The project is planned to be let in July of 2016 with construction for the project anticipated to begin in the fall of 2016 and be completed in the fall of 2017. The City's approval (municipal consent) is required for this project because it requires acquisition of permanent rights of way of parcel 25-117-22-41-0003 for stormwater treatment pond. Municipal consent of MnDOT projects is described in Minnesota Statutes 161.162 through 161.167. I have enclosed our guidance regarding the Municipal Consent process, all applicable laws that relate to Municipal Consent, a sample resolution and a copy of the municipal consent layout for the project. An Equal Opportunity Employer k . . . , _ ; � ; . f � � s � ��� { ' � � � Page 2 of 2 I would be happy to assist the City of Hopkins in any way that I can throughout this process. Please feel free to contact me at (651)234-7563 or at andrew.lutavaCa�state.mn.us if you have any questions about this submittal or to discuss this process. Sincerely, /��j,/r'�'� Andrew Lutaya MnDOT Metropolitan District—Project Manager 1500 West County Road 62 Roseville, MN 55113 Attachments: Final Layout for SP 2772-113 MN Statutes 161.162— �61.167 Guidance for Municipal Consent Sample City Resolution cc: John Griffith, West Area Manager April Crockett, West Area Engineer File An Equal Opportunity Employer 4 ' '..., . .x... " ';,: ' ,.�; . ',:., . <, . ..._3„ r � � _ � (��Q Y � . . - � - . � , ' � � , ��• , � ' . ._ �. .� ` 1 MINNESOTA STATUTES 2011 161.162 1b1.162 DEFINITIONS. Subdivision 1. Applicability. The terms in sections 161.162 to 161.167 have the meanings given them in this section and section 160.02. 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 that states the costs of a highway construction project that will be paid by the municipality. " Subd. 3. Final construction plan. "Final construction plan" means the set of technical drawings for the construction or improvement of a trunk highway provided to contractors for bids. Subd. 4. Governing body. "Governing body" means the elected council of a municipality. Subd. 5. Municipality. "Municipality" means a statutory or home rule charter city. History: 2001 c 191 s 3; 2002 c 364 s 3 Copyright �O 2011 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 MINNESOTA STATUTES 2011 161.163 161.163 HIGHWAY PROJECT REVIEW. Subdivision 1. Projects requiring review. Sections 161.162 to 161.167 apply only to projects that alter access, increase or reduce highway traffic capacity, or require acquisition of permanent rights-of-way. Subd. 2. Traffic safety measures. Nothing contained in sections 161.162 to 161.1671imits the power of the commissioner to regulate traffic or install traffic-control devices or other safety measures on trunk highways located within municipalities regardless of their impact on access or traffic capacity or on the need for additional right-of-way. Subd. 3. Construction program.Nothing contained in sections 161.162 to 161.167 limits the commissioner's discretion to determine priority and programming of trunk highway projects. History: 2001 c 191 s 4 Copyright �O 2011 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 MINNESOTA STATUTES 2011 161.164 161.164 FINAL LAYOUT APPROVAL PROCESS. Subdivision ]. Submission of final layout. Before proceeding with the construction, reconstruction, or improvement of any route on the trunk highway system lying within any municipality, 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 municipality. 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 municipality, 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. Subd. 3. Appeal board. Within 30 days after referral of the final layout,the appeal board shall hold a hearing at which the commissioner and the governing body may present the case for or against approval of the final layout referred. Not later than 60 days after the hearing, the appeal board shall recommend approval, recommend approval with modifications, or recommend disapproval of the final layout, making additional recommendations consistent with state and federal requirements as it deems appropriate. It shall submit a written report containing its findings and recommendatians to the commissioner and the governing body. History: 2001 c 191 s 5 Copyright �O 2011 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 MINNESOTA STATUTES 2011 161.165 161.165 COMMISSIONER ACTION; INTERSTATE HIGHWAYS. ' Subdivision 1. Applicability. This section applies to interstate highways. Subd. 2. Action on approved final layout. (a) If the appeal board recommends approval of the final layout or does not submit its findings and recommendations within 60 days of the hearing, in which case the final layout is deemed approved,the commissioner may prepare substantially similar final construction plans and proceed with the project. (b) If the final construction plans change access,traffic capacity, or acquisition of permanent right-of-way from the final layout approved by the appeal board,the commissioner shall submit the portion of the final construction plans that shows the changes,to the governing body for its approval or disapproval under section 16I.164, subdivision 2. Subd. 3. Action on final layout approved with changes. (a) If, within 60 days,the appeal board recommends approval of the final layout with modifications,the commissioner may: (1) prepare frnal construction plans with the recommended modifications, notify the governing body, and proceed with the project; (2) decide not to proceed with the project; or (3)prepare final construction plans substantially similar to the final layout referred to the appeal board, and proceed with the project. The commissioner shall, before proceeding with the project,file a written report with the governing body and the appeal board stating fully the reasons for doing so. (b) Tf the final construction plans contain changes in access or traffic capacity or require additional acquisition of permanent right-of-way from the final layout reviewed by the appeal board or the governing body, the commissioner shall resubmit the portion of the final construction plans that shows the changes, to the governing body for its approval or disapproval under section 161.164, subdivision 2. Subd. 4. Action an disapproved final layout. (a) If, within 60 days, the appeal board recommends disapproval of the final layout, the commissioner may either: (1) decide not to proceed with the project; or (2)prepare final construction plans substantially similar to the final layout referred to the appeal board, notify the governing body and the appeal board, and proceed with the project. Before proceeding with the project,the commissioner shall file a written report with the governing body and the appeal board stating fully the reasons for doing so. (b) If the final construction plans contain changes in access or traffic capacity or require additional acquisition of permanent right-of-way from the final layout reviewed by the appeal board or the governing body,the comrnissioner shall resubmit the portion of the final construction plans that shows the changes,to the governing body for its approval or disapproval under section 161.164, subdivision 2. Subd. 5. Final construction plans issued. The commissioner shall send a complete set of final construction plans to the municipality at least 45 days before the bid opening for informational purposes. History: 2001 c 191 s 6 Copyright OO 2011 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 MINNESOTA STATUTES 2011 161.166 161.1b6 COMMISSIONER ACTION; OTHER HIGHWAYS. Subdivision 1. Applicability. This section applies to trunk highways that are not interstate highways. Subd. 2. Action on approved final layout. If the appeal board recommends approval of the final layout or does not submit its findings or recommendations within 60 days of the hearing, in which case the the final layout is deemed approved, the commissioner may prepare substantially similar final construction plans and proceed with the project.If the final construction plans change access or traffic capacity or require additional acquisition of right-of-way from the final layout approved by the appeal board, the commissioner shall submit the portion of the final construction plan that shows the changes, to the governing body for its approval or disapproval under section 161.164, subdivision 2. Subd. 3. Action on final layout approved with changes. (a) If the appeal board approves the final layout with modifications, the commissioner may: (1)prepare final construction plans including the modifications, notify the governing body, and proceed with the project; (2) decide not to proceed with the project; or (3) prepare a new final layout and resubmit it to the governing body for approval or disapproval under section 161.164, subdivision 2. (b) If the final construction plans contain changes in access or traffic capacity or require additional acquisition of permanent right-of-way from the final layout reviewed by the appeal board or the governing body,the commissioner shall resubmit the portion of the final construction plans that shows the changes,to the governing body for its approval or disapproval under section 161.164, subdivision 2. Subd. 4. Action on disapproved final layout. If the appeal board disapproves the final layout, the commissioner may: (1) decide not to proceed with the project; or (2)prepare a new final layout and submit it to the governing body for approval or disapproval under section 161.164, subdivision 2. Subd. 5. Final construction plans issued. The commissioner shall send a complete set of final construction plans to the municipaliTy at least 45 days before the bid opening for informational purposes. History: 2001 c 191 s 7 Copyright �O 2011 by the Oflice of the Revisor of Statutes,State of Minnesota.Al]Rights Reserved. 1 MINNESOTA STATUTES 2011 161.167 161.167 REIMBURSEMENT OF EXPENSES. Members of the appeal board shall submit to the commissioner an itemized list of the expenses incurred in disposing of matters presented to them. The appeal board members shall be reimbursed for all reasonable expenses incurred by them in the performance of their duties. The commissioner shall pay these costs out of the trunk highway fund. History: 2001 c 191 s 8 . Copyright �O 20ll by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 5 HPDP/Scoping/Subject Guidance Minnesota Department of Transportation Municipal Consent Contact Steve Ryan, P. E. steve.rvan(a�state.mn.us Project and Process Guidance Engineer Office of Technical Support 395 John Ireland Boulevard, MS 676 St. Paul, MN 55155 (651) 366-4675 Forms For a generic layout-approval resolution for use by a municipality, see Sample Resolution in the Appendix. Threshold Criteria Municipal consent should only be requested from a city if it is required. When Required Municipal approval is required for any trunk highway project that results in any of the following within a municipality: • Alters access, • Increases or reduces traffic capacity, or • Requires acquisition of permanent right-of-way. • (Changing capacity means adding or reducing the number of through lanes. For example, adding auxiliary lanes is not a change in capacity). Exceptions Municipal consent is NOT required (regardless of impacts to access, capacity, or R/V1n for projects needed for any of the following: • Regulate traffic, or • Install traffic control devices, or • Other safety measures • The term "other safety measures" refers to traffic safety measures. For example, the addition of a turn lane is a traffic safety measure; the replacement of a structurally-deficient or fracture-critical bridge is not. 1 of 5 , , Municipal Consent HPDP/Scoping/Subject Guidance Mn/DOT Also, maintenance activities do not trigger the need for municipal consent. Examples Permanent Easements (such as Drainage Easements) require municipal consent (because they take permanent right-of-way). Roundabouts are used for traffic regulation and as a safety measure, and thus are exceptions that do not require Municipal Consent even if they involve permanent right-of-way taking. Roles and Procedures Municipal consent should only be requested from a city if it is required. (See Threshold Criteria above). Sometimes a city may choose to waive municipal consent on a specific project. In that case the city council must pass a resolution clearly identifying the project and waiving its right to municipal consent for that project. However, the typical municipal consent process is as outlined below. Procedure (for obtaining municipal consent) 1. Mn/DOT (District) submits to the city the final layout with a letter requesting city approval. The letter includes a good faith cost estimate of the city's share of the projecYs cost and the following (either in the letter or in an attached report): � • project purpose • route location • short description of the proposed design of the highway • any additional supporting data 2. City schedules and holds public hearing (within 60 days of submittal). City must schedule within 15 days of receiving Mn/DOT's request for approval and must give 30 days public notice. 3. City passes resolution approving/disapproving (within 90 days of public hearing). After 90 from the date of the public hearing, if the city has not passed a resolution disapproving the layout, the layout is deemed approved. 2of5 Municipal Consent HPDP/Scoping/Subject Guidance Mn/DOT 4. If city disapproves, Mn/DOT decides whether to: a. Meet city's condition(s), assuming city approved with conditions: Mn/DOT writes city a letter indicating this and attaches revised layout with change(s). This ends the MC process. b. Go to the appeal process. c. Stop the project (do not build the project, or scale project down so that municipal consent is no longer required). 5. If in the final plan Mn/DOT alters access, capacity or R/W, Mn/DOT must re-submit changed portion of plan for city's approval. (The city is not required to hold another public hearing and has 60 days to approve or disapprove). City Approval The city can approve either by a formal approval resolution (see generic resolution in Appendix), or by not passing a resolution disapproving the layout within 90 days of the public hearing. The city's review—with regards to layout approval—is limited to the project elements in the final layout that are within the boundaries of that city. A city cannot impose a condition on its approval that is outside of the city's boundaries. The process allows the city one opportunity to exercise approval or disapproval of the final layout(unless Mn/DOT alters the plan with regards to access, capacity, or right-of-way). Once a city approves the layout, it cannot rescind its approval later. If a city disapproves with conditions, and if Mn/DOT agrees to meet those conditions—and notifies the city in writing (including copy of revised layout)—then municipal consent has been obtained. The municipal consent statute applies to changes on "any route on the trunk highway system lying within any municipality." If a T.H. borders a city and no section of the T.H. is completely within the city limits, municipal consent is still required for any of the designated changes (access, capacity, or right-of-way) that do occur within that city. However, if the changes triggering the municipal consent process are on the other side of the T.H. —and thus outside the city's limits—then municipal consent is not required from that city and is not requested from that city. 3of5 � s Municipal Consent HPDP/Scoping/Subject Guidance Mn/DOT City Disapproval If a city disapproves the final layout, Mn/DOT can stop the project (or scale it back so that municipal consent is no longer required), or Mn/DOT can take the project to the appeal process. lf the city disapproves—but includes condition(s)for approval, Mn/DOT has the above options plus the option of ineeting the city's condition(s), and thus obtaining the city's approval. To do this, Mn/DOT sends the city a letter to that effect with the layout attached (revised to show the change(s)). This completes the municipal consent process; Mn/DOT then has the city's approval. (Sending the letter and revised layout is NOT a resubmittal for further consideration by the city). Appeal Process The appeal process is the same for interstate and non-interstate projects. However, the Mn/DOT Commissioner is not bound by the recommendations of the appeal board with respect to interstate highways. If Mn/DOT decides to go to the appeal process, the first step is to establish an Appeal Board of three members: one member appointed by the Commissioner, one member appointed by the City Council, and a third member agreed upon by both the Commissioner and the City Council. (If a third member cannot be agreed upon, the Commissioner refers the selection to the chief justice of the Supreme Court, who then has 14 days to appoint the third member). After the appeal board is established, the Commissioner refers the final layout to the Appeal Board. The Appeal Board then has 30 days to hold a hearing at which the Commissioner and the City Council may present their cases for or against approval of the layout. Within 60 days after the hearing, the Appeal Board must make its recommendation regarding the final layout. The recommendation can be: • for approval, or • for approval with modifications, or • for disappro,val. The board can also make additional recommendations consistent with state and federal requirements as it deems appropriate. The board must submit a written report with its findings and recommendations to the Commissioner and the City Council. 4of5 Municipal Consent HPDP/Scoping/Subject Guidance Mn/DOT Legal Basis The Minnesota municipal consent statutes (see links below)were revised in the 2001 legislative session. , State Municipal Consent Statutes Definitions MN Statute 161.162 Highway Project Review MN Statute 161.163 Final Layout Approval Process MN Statute 161.164 Commissioner Action; Interstate Highways MN Statute 161.165 Commissioner Action; Other Highways MN Statute 161.166 Reimbursement of Expenses MN Statute 161.167 (for Appeal Board Members) Helpful Links Mn/DOT Public Involvement Glossary Municipality: A statutory or home rule charter city. Municipal Consent: A municipality's approva{ of Mn/DOT's final layout for a project on a Trunk Highway when such approval is required by State Statute—see Threshold Criteria below. (Approval is by a resolution passed by the elected council of the municipality—the City Council). Appendix Municipal Consent Process Sample City Resolution 5 of 5 . 6 Municipal Consent Process Mn/DOT—HPDP/Scoping Basic Process 1. Mn/DOT submits the final layout to the City with a letter requesting City approval of the layout. 2. The City holds public hearing within 60 days of Mn/DOT's submittal 60 days and gives a 30-day(minimum) public notice of the hearing. Mn/DOT presents the layout at the public hearing 3. The City Council passes a resolution approving/disapproving the layout {within 90 days of public hearing). If after 90 days from the public hearing the City has not passed a 90 days resolution disapproving the layout, the layout is deemed approved 4. If the City approves, Mn/DOT can proceed with the project. 5. If the City disapproves, Mn/DOT's options are: o Make the changes requested by the City (if any) o Refer the layout to an Appeal Board o Stop the project o Modify the project so municipal consent is not required o Prepare a new final layout and start the MC process over from beginning Before Appeal:Total Maximum time = 150 davs Appeal Process 1. Mn/DOT notifies the City that it is appealing. 2. An Appeal Board of three persons is established: o Mn/DOT appoints a member Undefined time to o The City appoints a member establish appeal board o Third member selected by mutual agreement between the City& Mn/DOT. If they cannot agree, Mn/DOT requests the MN Chief Justice to select. The Chief Justice appoints third member within 14 days of Mn/DOT's request. 14 days 3. Mn/DOT refers the final layout to the Appeal Board. Undefined time 4. The Appeal Board holds a hearing (within 30 days of receiving final layout from Mn/DO'n. The City and Mn/DOT each present their case 30 days 5. The Appeal Board makes its recommendation (within 60 days of the hearing): 60 days o Approval, or o Approval with modifications, or o Disapproval of the final layout Maximum for Appeal Process = 104 davs+ (plus time to establish appeal board, etc.) 6. If the Board approves, Mn/DOT can proceed with the project. 7. If the Board disapproves, or approves with modifications, Mn/DOT's options are: o Make recommended modifications(if any), and proceed with the project o Stop the project o Modify the project so municipal consent is not required o Prepare a new final layout and start the MC process over from beginning o If it is an Interstate Hiphway project, Mn/DOT may proceed with the project using the layout that was not approved (and sends a report to the City and the Appeal Board stating the reasons for doing so). TOTAL Possible Time = 254 davs+ NOTE: If final construction plans contain changes to access, capacity, or right-of-way from the layout approved by the City,Mn/DOT resubmits the changed portion of the plans to the City for apprpval. (City has 60 days to approve).This holds whether municipal consent was obtained through the basic MC process or through the appeal process. Sample City Resolution RESOLUTION NO. RESOLUTION FOR LAYOUT APPROVAL At a Meeting of the City Council of the City of , held on the_day of , 200_,the following Resolution was offered by and seconded by to wit: WHEREAS, the Commissioner of Transportation has prepared a final layout for the improvement of within the City of from to � and seeks the approval thereof: and WHEREAS, said final layouts are on file in the Minnesota Department of Transportation office, , Minnesota, being marked, labeled and identified as Layout No. _ S.P. from R.P. to ; and WHEREAS, improvements to city streets and appurtenances have been included in the said final layouts. NOW, THEREFORE, BE IT RESOLVED that said final layouts for the improvement of said Trunk Highway within the corporate limits be and is hereby approved". Upon the call of the roll the following Council Members voted in favor of the Resolution: The following Council Members voted against its adoption: ATTEST: Mayor Dated , 200 STATE OF MINNESOTA COUNTY OF CITY OF I do hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of , Minnesota at a duly authorized meeting thereof held on the day of , 200 , as shown by the minutes of said meeting in my possession. (SEAL) City Clerk CITY OF HOPKINS HENNEPIN COUNTY,MINNESOTA RESOLUTION 2015-066 RESOLUTION ORDERING PUBLIC HEARING FOR MUNICIPAL CONSENT TRUNK HIGHWAY 169 IMPROVEMENTS STATE PROJECT 2772-113 WHEREAS, the Commissioner of Transportation has prepared a final layout for the improve- ment of Trunk Highway 169 within the City of Hopkins, and WHEREAS, the proposed improvements require the acquisition of right-of-way for storm water treatment purposes, and WHEREAS, the acquisition of right-of-way requires the Commissioner of Transportation to seek municipal consent from the City of Hopkins, and WHEREAS, the municipal consent process is governed by state statute, requiring a public hear- ing on the layout, and WHEREAS, the final layout has been submitted to the City of Hopkins, which begins the statu- tory process and requires the City to schedule a public hearing on the layout, NOW THEREFORE,BE IT RESOLVED by the City Council of Hopkins, Minnesota: A public hearing shall be held on such proposed improvement on Monday, the 2nd day of No- vember, 2015 in the Council Chambers of the City Hall at 1010 First Street South at 7:00 P.M. and the City Clerk shall give mailed and published notice of said hearing and improvements as required by law. Adopted by the City Council this 15�'day of September, 2015. Eugene J. Ma�cwell, Mayor Amy Domeier, City Clerk