V.1. Public Hearing for Municipal Consent Trunk Highway 169 Improvements, State Project (S.P.) 2772-113; Stanley (CR2015-136)
November 2, 2015 Council Report 2015-136
PUBLIC HEARING FOR MUNICIPAL CONSENT
TRUNK HIGHWAY 169 IMPROVEMENTS
STATE PROJECT (S.P.) 2772-113
Proposed Action
Staff recommends the following motion: adopt Resolution 2015-088, Resolution for Layout Approval, Trunk
Highway 169 Improvements after public hearing.
Overview
Earlier this year 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
th
Creek, which will cause a full closure of the highway between Bren Road in Minnetonka and 7 Street South
in Hopkins during bridge construction. MNDOT has been working with cities that will be affected by the
project, and begun public outreach.
MNDOT is seeking municipal consent from Hopkins to advance the project. MNDOT is proposing to
acquire permanent right-of-way in Hopkins to create a storm water treatment 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.
Notice of the hearing was advertised publicly per state statute. Staff recommends approval of the layout for
S.P. 2772-113, which allows MNDOT to begin right-of-way acquisition activities. MNDOT staff will be at
the public hearing to present and answer questions.
Supporting Information
Municipal Consent Letter and Layout
Affidavit of Publication
Resolution 2015-088
_________________________________
Nate Stanley, P.E., City Engineer
Financial Impact: Budgeted: Y/N _ Source: _
Related Documents (CIP, ERP, etc.): _ Notes: _________________________________________
HPDP / Scoping / Subject Guidance Minnesota Department of Transportation
Municipal Consent
Contact
Steve Ryan, P. E. steve.ryan@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/W) 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.
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Municipal Consent
HPDP / Scoping / Subject Guidance Mn/DOT
Also, maintenance activities do not trigger the need for municipal consent.
Examples
Permanent Easements require
(such as Drainage Easements) 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
project’s 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.
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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.
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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.
If the city disapproves – but includes condition(s) for approval, Mn/DOT has the above
options plus the option of meeting 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 disapproval.
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.
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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
DefinitionsMN Statute 161.162
Highway Project ReviewMN Statute 161.163
Final Layout Approval ProcessMN Statute 161.164
Commissioner Action; Interstate HighwaysMN Statute 161.165
Commissioner Action; Other HighwaysMN 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 approval 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
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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.
60 days
2. The City holds public hearing within 60 days of Mn/DOT’s submittal
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).
90 days
If after 90 days from the public hearing the City has not passed a
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:
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
o
Before Appeal: Total Maximum time = 150 days
Appeal Process
1. Mn/DOT notifies the City that it is appealing.
2. An Appeal Board of three persons is established:
Undefined time to
Mn/DOT appoints a member
o
establish appeal board
The City appoints a member
o
Third member selected by mutual agreement between the City & Mn/DOT.
o
If they cannot agree, Mn/DOT requests the MN Chief Justice to select.
14 days
The Chief Justice appoints third member within 14 days of Mn/DOT’s request.
Undefined time
3. Mn/DOT refers the final layout to the Appeal Board.
4. The Appeal Board holds a hearing (within 30 days of receiving final layout from Mn/DOT).
30 days
The City and Mn/DOT each present their case
60 days
5. The Appeal Board makes its recommendation (within 60 days of the hearing):
Approval, or
o
Approval with modifications, or
o
Maximum for Appeal Process = 104 days +
Disapproval of the final layout
o
(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:
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 Highway project, Mn/DOT may proceed with the project using
o
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 days +
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 approval. (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 FORLAYOUT 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 2015-088
RESOLUTION FOR LAYOUT APPOVAL
TRUNK HIGHWAY 169 IMPROVEMENTS
STATE PROJECT (S.P.) 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
layout approval from the City of Hopkins, and
WHEREAS
, the final layout has been submitted to the City of Hopkins, and
WHEREAS
, a public hearing on said improvements was advertised according to State statute
and held on November 2, 2015,
NOW THEREFORE, BE IT RESOLVED
by the City Council of Hopkins, Minnesota:
The final layout for the improvement of Trunk Highway 169, identified as S.P. 2772-113, within
the corporate limits of Hopkins is hereby approved.
nd
Adopted by the City Council this 2 day of November, 2015.
_________________________
Eugene J. Maxwell, Mayor
__________________________
Amy Domeier, City Clerk