#074 08-15-77 Reconcil Metropolitan System StatementResolution No. 74
August 15, 1977
Member Swartz introduced and read the following written resolution and moved
its adoption:
RESOLUTION
(Initiating Reconciliation Procedures Regarding Transportation
Portion of Metropolitan System Statement)
WHEREAS, the metropolitan system statement promulgated by the
Metropolitan Council on June 23, 1977 in the transportation portion thereof
(page 6) that:
"By 1990 improvements are planned that would upgrade TH 12 to
1-394 for the portion that is east of 1-494.
"1-394 is planned to be a 6 -lane urban design freeway with fully
controlled access, concrete pavement, and paved shoulders.
Interchange locations have not been definitely determined.
Preferential transit treatment will be included in this facility.
"1-394 will function as a preincipal arterial in the metropolitan
highway system. The characteristics, access spacing standards,
and other palnning standards for principal arterials are contained
in the Metropolitan Transportation Policy Plan and on the
attached chart.
"The Transportation Policy Plan shows this upgrading as having a
high priority for construction. This construction is necessary
to complete the 1990 metropolitan highway system. This upgrading
may include a reserved lane for transit, carpools, and vanpools."
WHEREAS, the Minnesota Commissioner of Transportation is delegated
the exclusive authority to locate trunk highway systems by Chapter 161,
Minnesota Statutes, and Section 161.123, Minnesota Statutes, in part,
provides with regard to 1-394:
"The commissioner of transportation shall prepare environmental
impact statements, recreational and other land use reports, and
other elements of the planning process required by federal and state
law utilizing the most reasonably recent available data, on the
following:
"Route and corridors enumerated above and all feasible and prudent
routes and corridors, giving the fullest possible consideration
to each, without regard to prior authorization or to whether
legislative approval or otheraction is necessary". (emphasis supplied)
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Resolution No. 74 (con't)
August 15, 1977
WHEREAS, Minnesota Statutes Section 174.03, Subd, 5, regarding
regional transportation planning provides, in part:
"Upon promulgation of the state-wide transportation plan, and
periodically as necessary thereafter, each regional policy plan
shall be reviewed and amended, if necessary, by the appropriate
regional agency to insure that the regional policy plan is not
in conflict with the state-wide transportation plan.
WHEREAS, Minnesota Statutes Section 473.855, in part, provides for
the information to be contained in a Metropolitan system statement including:
"(a) The timing, character, function, location, projected capacity
and conditions on use, for existing or planned metropolitan public
facilities, as specified in metropolitan system plans, and for
state and federal public facilities to the extend known to the
council; ..... (emphasis supplied)
THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that:
1. The statements in the metroplitan system statement which locate
the corridor for 1-394 and, by implication, indicate its use and design,
constitute an unlawful statement of policy by a governmental agency expressly
lacking the power to do so.
2. The authority to locate the corridor for said 1-394 and designate
its use and design generally lies in the Department of Transportation and,as
regards 1-394, said authority has been specifically restricted by the Minnesota
Legislature. See Section 161.123, Minnesota Statutes.
3• The legislative mandate contained in Section 161.123, Minnesota
Statutes, requires that the metropolitan system statement in question be silent
as regards the corridor, location and design of proposed 1-394.
4. The City Council of the City of Golden Valley hereby invokes
the reconciliation procedures provided in Sections 473-851 through 473.861,
inclusive, Minnesota Statutes, to reconcile the unlawful appropriation of
authority in said metropolitan system statement.
5. The disagreement raised by the City of Golden Valley hereby is
stated in paragraphs 1, 2 and 3 hereinabove.
6. The City Council of the City of Golden Valley hereby requests
a hearing before the State Office of Hearing Examiners as provided by statues
on the issues raised herein.
7. The City of Golden Valley proposes that said metroplitan
system statement be amended by deleting any reference to corridor location,
design or use of porposed 1-394.
Dated : August 15, 1977•
Robert R. Hoover, Mayor
Resolution No. 74 (con't) August 15, 1977
ATTEST:
John Mu y, City Clerk
The motion for the adoption of the foregoing resolution was seconded
by Member Thorsen and upon vote being taken thereon, the following voted in
favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen and the following
voted against the same: none, whereupon said resolution was declared duly
passed and adopted, signed by the Mayor and his signature attested by the
City Clerk.
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