2A, MnDot I694TH 51 Improvement Project Municipal Consent Discu

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Municipal Consent Process Mn/DOT—HPDPIScoping 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 J. 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- * Make the changes requested by the City(if any) a Refer the layout to an Appeal Board o Stop the project a 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 days Appeal Process 1. Mn/DOT notifies the City that it is appealing. 2. An Appeal Board of three persons is established- * 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& MnIDOT. If they cannot agree, MnIDOT 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/DOT). 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 days+ (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 Highway 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 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.