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DEPARTMENT OF TRANSPORTATION: RESPONSIBILITIES: CONSTRUCTION:
Responsibilities of Commissioner of Transportation and Metropolitan Council in connection·
with construction of light rail transit project discussed: Minn. Stat. §§ 471.59, 473.399
473.3997.
229A
(Cr. ref. 1005, 1007, 1016)
June 30, 2000
Representative Jim Rhodes, Chairman
Governmental Operations and Veterans
Affairs Policy Committee
Minnesota House of Representatives
409 State Office Building, 100 Constitution Avenue
St. Paul, MN 55155-1206
Dear Chairman Rhodes:
Thank you for your letter in which you requested a formal opinion, pursuant to Minn.
Stat. § 8.05, regarding the Hiawatha Light Rail P-roject Management Plan. Your letter was
accompanied by a resolution, passed May 1, 2000, of the House Governmental Operations and
Veterans Affairs Policy Committee.
Your letter and the resolution requested that--t;p.is Office opine as to whether the Hiawatha
Light Rail Project Management Plan, as submitted by the Metropolitan Council and approved by
the Federal Transit Administration, conforms with Minnesota Statutes and the Legislature's
intent for control of the project.
FACTS-
I. OVERVIEW OF PROJECT MANAGEMENT PLAN.
A project management plan is a detru.Ted document required by the Federal Transit
Administration ("FTA") to be submitted by parties seeking grants from the FTA. The Hiawatha
Light Rail Project Management Plan ("PMP") was submitted to the FTA by the Metropolitan
Council, as the proposed grantee of the FTA funds.
The Attorney General's Office has obtained a copy of the PMP 1 dated April 14, 2000, a
copy of which is attached as Exhibit 1. Chapter 2 of the PMP is entitled "Management
Organization, Approach and Responsibilities." The Metropolitan Council has advised this
Office that the PMP dated April 14, 2000 was submitted to the FTA and subsequently approved
by it.
1
The Attorney General's Office has received and reviewed only Chapter 2 of the PMP. Unless
the context indicates otherwise, references herein to the PMP refer to Chapter 2 of the PMP.
Representative Jim Rhodes
June 30, 2000
Page 2
The PMP sets forth a detailed description of "the scope of the [light rail transit] project
implementation during preliminary engineering, final design, construction startup, and revenue
services." PMP <][2.01. The PMP states that its focus is on "a description of adequate staff
organization, complete with well-defined reporting relationships, statements and functional
responsibilities, job descriptions and job qualifications and... [a] description of organizational
structures, management skills, and staffing levels required throughout the construction phase" of
the light rail transit project. PMP '][2.01.
In outlining responsibilities for the project, the PMP states as follows:
The project blends the strengths of the Metropolitan Council, the Minnesota
Department of Transportation, the Metropolitan Airports Commission, and other
project partners. The Metropolitan Council is the Federal grantee, and is in
charge of the project. Mn/DOT is responsible for designing af!d constructing the
project, and the Metropolitan Airports Commission is responsible for construction
of the tunnel and airport station.
PMP '1[2.04. l.
The following describes the respective responsibilities and a:ttthority of the Metropolitan
Council and the Department of Transportation as described in the PMP.
II. RESPONSIBILITIES OF DEPARTMENT OF TRANSPORTATION
The PMP states that "as delineated in the state's enabling legislation (Mitrn. Stat.
§§ 473.399-473.3998), the Minnesota Department of Transportation, acting through its
Commissioner, has primary responsibility for the design and construction of the project."
PMP '1[2.04.4.2. However, the PMP also states that the Department of Transportation's role in
the project is to serve as an "agent" of the Met Council. PMP