Consultation Workshops September/October 2015
2016 Policy Update I. Cost Participation Policy Background II. ◦ The Law ◦ The Policy Outreach and Consultation III. Schedule IV. Survey Results V. Input and Discussion VI.
The commissioner of transportation, in consultation with representatives of local units of government, shall create and adopt a policy concerning cost participation for cooperative construction projects and maintenance responsibilities between the Department of Transportation and local units of government.
The policy must minimize the share of cooperative project costs to be funded by the local units of government, while complying in all respects with the state constitutional requirements concerning allowable uses of the trunk highway fund.
The policy should provide and include sufficient flexibility for unique projects and locations if doing so results in a lower total project cost. The policy must be completed and adopted by the commissioner no later than March 1, 2016. Minnesota Laws 2015, Chapter 75, Article 2, Section 52
The Law
There is hereby created a trunk highway system which shall be constructed, improved and maintained as public highways by the state. Minnesota Constitution Article 14, Section 2 There is hereby created a trunk highway fund which shall be used solely for the purposes specified in section 2. Minnesota Constitution Article 14, Section 6
"In the absence of qualifying or restrictive language, the provisions of Minn. Const… art. 16, §§ 2 and 6, are not to be construed as expressing an intent to limit the expenditure of funds thereunder to only one, or less than all, of the purposes for which highways exist in our society of today." Minneapolis Gas Company vs. Zimmerman - 1958
Subd. 1. The commissioner shall carry out the provisions of article14, section 2, of the Constitution of the state of Minnesota… Subd. 3. The commissioner may expend trunk highway funds only for trunk highway purposes… Expenditures may not be made for items that “do not further a highway purpose and do not aid in the construction, improvement, or maintenance of the highway system.” MS 161.20 General Powers Of Commissioner.
This appropriation is for the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, and consultant usage to support these activities. This includes the cost of actual payment to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses. Minnesota Laws 2015, Chapter 75, Article 2, Section 56
Regulatory Requirements: ◦ Federal regulations (e.g. environmental/NEPA) may dictate eligibility of certain items ◦ If required, these items become eligible as serving a trunk highway purpose Alternate Funding Sources: ◦ Grants, dedicated legislative allocations, or other non- State Road Construction funding sources might be used to pay for items that are not trunk highway purpose eligible Could c d create te p percepti ption of i inco consistency cy among ng proje ject cts
"Complete Streets" is the planning, scoping, design, implementation, operation, and maintenance of roads in order to reasonably address the safety and accessibility needs of users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that the needs vary in urban, suburban, and rural settings. MS 174.75 Complete Streets.
By January 15, 2016, the commissioners of transportation and public safety, in consultation with the commissioner of management and budget, shall jointly submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance. The report must list detailed expenditures and transfers from the trunk highway fund and highway user tax distribution fund for fiscal years 2010 through 2015, and shall include information on the purpose of each expenditure. Minnesota Laws 2015, Chapter 75, Article 2, Section 3, Subd. 3
The accommodation of utility facilities on Minnesota trunk highway rights of way is addressed by federal and Minnesota statutes and rules. Utility Accommodation on Highway Right of Way http://www.dot.state.mn.us/policy/operations/op002.html
The Policy
This policy has been developed to determine the extent to which trunk highway funds may be expended on elements of cooperative construction projects and maintenance. The basis of this policy is that Minnesota Department of Transportation (MnDOT) participation is limited to trunk highway purposes.
Must be needed to serve transportation users of the TH corridor (Complete Streets Policy) Based upon the need not what it is Depends upon the scope of the project Does not matter who initiates a project
The policy is only binding on MnDOT. Exceeding policy limits requires an exception. Local agencies are not legally obligated to pay a local share until/unless they sign an agreement, except for utilities. The policy is not an offer to pay. MnDOT decides if and how much it is willing to pay.
Philo losophy b behin ind l local r l responsib ibil ilit ity f for main intenance a activ ivit itie ies Shared infrastructure has a shared benefit. Where there is a shared benefit, there should be a shared cost. Costs include both construction and major and minor maintenance To maximize benefits for taxpayers: ◦ MnDOT can more efficiently construct the infrastructure. Therefore MnDOT is willing to pay more for construction. ◦ Local agencies can more efficiently provide maintenance. MnDOT hopes they will find it reasonable to contribute in the form of maintenance.
Steer eering T Tea eam Mem ember ers Cities, Counties, and Townships: MnDOT: Mark Krebsbach, Dakota County Mark Gieseke, Transportation John Brunkhorst, McLeod County System Management Jon Okeson, Becker County Chris Roy, Project Management & Commissioner Technical Support Tim Murray, Faribault Jim Cownie, Chief Counsel’s Office Russ Matthys, Eagan Mary Ann Frasczak, Financial Mgmt Mary McComber, Oak Park Brian Gage, Program Mgmt Heights Jon Huseby, District 8 Abbey Bryduck, Association of Maryanne Kelly-Sonnek, MN Counties Cooperative Agreements Anne Finn, League of MN Cities Nancy Melvin, Policy Manager Gary Bruggenthies, MN Township Rhonda Prestegard, District 6 Association Ted Schoenecker, State Aid
Steer teering g Tea eam’s s Charge Review and consider stakeholder input. Recommend policy changes that will result in shared cost trunk highway projects with the highest amount that is reasonable for a trunk highway purpose.
Survey vey Dist istrib ribut uted ed t to: County Engineers State Aid City Engineers League of Minnesota Cities (email list) Minnesota Township Association (email list) MnDOT: project managers, design engineers, bridge, maintenance, planners, traffic, lighting, water resources
Consu sultation W Worksh shops Date te Loca cation on Tim Time Thurs, Sept. 10 MnDOT District 3 - Baxter 10 a.m. to noon Ramsey Co. Public Works Tues, Sept. 15 10:00 a.m. to noon (Arden Hills) Thurs, Sept. 17 MnDOT District 2 - Bemidji 9:30 to 11:30 a.m. Fri, Sept. 18 MnDOT District 6 - Rochester 10:30 a.m. to 12:30 p.m. Mon, Sept. 21 Hennepin County Public Works 10 a.m. to noon Wed, Sept. 23 MnDOT District 3 - St. Cloud 10 a.m. to noon Mon, Sept. 28 Eagan 1 p.m. to 3 p.m. Tues, Sept. 29 Willmar 9:30 a.m. - noon Thurs, Oct. 1 MnDOT District 7 - Mankato 9 a.m. - 11 a.m. Thurs, Oct. 1 Windom 1 p.m. to 3 p.m. Thurs, Oct. 1 Eveleth Noon – 2 p.m. Wed, Oct. 7 MnDOT Dist. 4 - Detroit Lakes 1 p.m. - 4 p.m.
Input Input f from MnDO MnDOT Ma Mana nagement nt Various Management Groups: District Engineers Maintenance Engineers Assistant District Engineers Planners
Review Recommen ended ed C Changes es After Steering Team recommends changes and before policy adoption MnDOT will review recommendations with external stakeholders via email and webinar
Project t Websi site te www.dot.state.mn.us/planning/program/costp articipation.html Information about 2016 update Link to existing policy Consultation workshops – schedule/locations Survey results Other relevant information, as available
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