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Municipal Consent Process <br />Mn /DOT — HPDP!Scoping <br />Basic Process <br />1. Mn /DOT submits the final layout to the City with a letter requesting City approval of the layout. <br />2. The City holds public hearing within 60 days of Mn /DOT's submittal <br />and gives a 30 -day (minimum) public notice of the hearing. <br />Mn /DOT presents the layout at the public hearing <br />3. The City Council passes a resolution approving / disapproving the layout <br />(within 90 days of public hearing). <br />if after 90 days from the public hearing the City has not passed a <br />resolution disapproving the layout, the layout is deemed approved <br />4. If the City approves, MnIDOT can proceed with the project. <br />5. If the City disapproves, Mn /DOT's options are: <br />o Make the changes requested by the City Of any) <br />o Refer the layout to an Appeal Board <br />o Stop the project <br />o Modify the project so municipal consent is not required <br />o Prepare a new final layout and start the MC process over from beginning <br />Appeal Process <br />1. Mn /DOT notifies the City that it is appealing. <br />60 days <br />90 days <br />Before Appeal: Total Maximum time = 150 days <br />2. An Appeal Board of three persons is established: <br />o Mn /DOT appoints a member Undefined time to <br />o The City appoints a member establish appeal board <br />o Third member selected by mutual agreement between the City & Mn /DOT. <br />If they cannot agree, Mn /DOT requests the MN Chief Justice to select. <br />The Chief Justice appoints third member within 14 days of Mn /DOT'S request. 14 days <br />3. Mn /DOT refers the final layout to the Appeal Board. Undefined time <br />4. The Appeal Board holds a hearing (within 30 days of receiving final layout from MnIDOT). <br />The City and Mn /DOT each present their case 30 days <br />5, The Appeal Board makes its recommendation (within 60 days of the hearing): 60 days <br />o Approval, or <br />o Approval with modifications, or <br />o Disapproval of the final layout Maximum for Appeal Process = 104 days + <br />(plus time to establish appeal board, etc.) <br />6. If the Board approves, Mn /DOT can proceed with the project. <br />7. if the Board disapproves, or approves with modifications, Mn /DOT's options are: <br />o Make recommended modifications (if any), and proceed with the project <br />o Stop the project <br />o Modify the project so municipal consent is not required <br />o Prepare a new final layout and start the MC process over from beginning <br />o If it is an interstate Highway project Mn /DOT may proceed with the project using <br />the layout that was not approved (and sends a report to the City and the Appeal <br />Board stating the reasons for doing so). <br />TOTAL. Possible Time = 254 days + <br />NOTE: If final construction plans contain changes to access, capacity, or right -of -way from the layout approved by the <br />City, Mn /DOT resubmits the changed portion of the plans to the City for approval. (City has 60 days to approve). This <br />holds whether municipal consent was obtained through the basic MC process or through the appeal process. <br />7 <br />