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MINUTES <br />CITY COUNCIL <br />JANUARY 9, 2013 <br />2013 GOAL <br />SETTING <br />SESSION <br />MNPass <br />LANE - <br />MUNICIPAL <br />CONSENT <br />The City Administrator reviewed his report dated January 4, 2013 <br />relative to setting the date for the 2013 Goal Setting Session as well <br />as naming citizens -at -large to attend this session. The consensus of the <br />Council was to schedule the Goal Setting Session for Tuesday, January 22, <br />2013 at 4:30 p.m. at the City Center. Citizens -at -large to be invited to <br />participate in the session include Gib Coleman, Steve Ledin, Rita Mills, <br />and Barry Roberts. The Council named Stephen Manhart as an alternate <br />should Barry Roberts not be available to attend. <br />The City Administrator reported that MN DOT had requested Municipal <br />Consent from Little Canada for their proposed MN Pass project. As a <br />result, the City held a public hearing on the project and has been working <br />on a list of conditions and issues to be address as part of granting <br />Municipal Consent. The Administrator reported that based on the <br />discussion held at the Council's December 27th Special Meeting, a draft <br />resolution granting Municipal Consent has been prepared. The <br />Administrator reported that in discussing this draft with Wayne Norris of <br />MN DOT, Norris indicated that they wanted a clean resolution and he was <br />going to draft some changes to the City's draft. The Administrator <br />reported that Monday afternoon he was contacted by MN DOT indicating <br />that they have decided that Municipal Consent was not required based on <br />MN Statute 160.93. The Administrator presented the Council with a copy <br />of this Statute and indicated that from his review it appears that it applies <br />to user fees for high- occupancy vehicle and dynamic shoulder lanes. <br />The City Attorney reported that he has reviewed the Statute and discussed <br />this matter with the City Administrator and with MN DOT representatives. <br />MN DOT indicated to him that they do not have an Attorney General <br />opinion on this matter. The City Attorney reported that it is his opinion <br />that this Statute applied to user fees and that Municipal Consent is <br />required for the MN Pass project. The City Attorney recommended that <br />the City request an Attorney General opinion on this issue. <br />Blesener asked if the City should request an injunction on the MN Pass <br />project until this matter is clarified. He also asked if the Cities of <br />Maplewood and St. Paul have commented on this new position being <br />taken by MN DOT. The City Administrator reported that he has not <br />discussed this with either City. He noted that Maplewood only had once <br />condition as well as some additional issues that were included in a <br />memorandum of understanding. The Administrator reported that Jim <br />Tolaas of Ramsey County indicated that the County Board will not be <br />happy with this new position given they were negotiating several issues <br />with MN DOT to be included as part of a cooperative agreement. The <br />Administrator also reported that he was told that the City of St. Paul will <br />6 <br />