10-03-2016 Council Packet - Laserfiche WebLink

Home Search

The City’s review, with regards to the layout approval, is limited to the project elements with the City. A city cannot impose a condition on its approval that is outside of the city’s boundaries. Following the August 22, 2016 public hearing, at the request of council, a resolution was drafted approving the layout, but opposing the designation of the new lanes as MnPass lanes. The resolution was distributed to the City Council for discussion at the September 6, 2016 work session (attached as Resolution No. 80A). Mn/DOT staff were present to discuss the project and answer questions. Mn/DOT staff were asked to review the resolution and determine if it was acceptable for consent of the project. Mr. Mark Lindeberg, North Area Engineer, has responded that Mn/DOT has determined that the proposed resolution does deny municipal consent because it opposes and restricts how the lanes are signed and operated. If approved, Mn/DOT will have to decide on how to proceed with the Resolution: 1. Mn/DOT can continue to work with the City on the concerns identified by Lino Lakes. 2. Mn/DOT can proceed to the Appeal Process for Municipal Consent 3. Mn/DOT can modify the scope & schedule of the project so that Municipal Consent is no longer required by Lino Lakes. This would mean removal of the noise wall and other improvements within Lino Lakes. Mr. Lindeberg has offered to continue to work with the City on verbiage acceptable to both the City Council and Mn/DOT. Staff has reviewed Mn/DOT’s comments with the City Attorney. Mr. Langel drafted an alternative resolution that modifies the recitals to reflect the Council’s general opposition to MnPass Lanes but otherwise approves the layout (Attached as Resolution No. 16-80B). Mn/DOT staff is in agreement with this language. Alternatively, the council may wish to consider a resolution that simply approves the project layout (Attached as Resolution No. 16-80C). The City Council also requested references to state statutes regarding MnPass and fees. The specific statutory provisions are attached. Mn/DOT staff noted that they misspoke when stating that fee limits where set by statute. Minn. Statutes 160.93 and 160.845 provide authorization for the Commissioner of Transportation to set fees and addresses how the revenue must be used. Mn/DOT added that since MnPass lanes opened in 2005, the fee for solo motorist to drive in the lanes during peak drive times has stayed between $.25 and $8. Transit, vehicles with two or more occupants, including children and infants, and motorcycles do not have to pay a fee to drive in the lanes. Mr. Lindberg stated that should the need arise in the future to consider increasing the maximum fee Mn/DOT would involve corridor users and consult the legislature before proceeding. Additional information on the project can be found on the Mn/DOT project website at http://www.dot.state.mn.us/metro/projects/i35wroseville/index.html.