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COUNCIL MINUTES October 10, 2016 <br />DRAFT <br />4 <br />Lino Lakes, MnDOT has asked the city for municipal consent. Mr. Grochala reviewed the process 136 <br />expected of the city (pass a resolution, not pass a resolution). The council did have a discussion 137 <br />about a possible resolution and an alternate resolution was developed that reflected some council 138 <br />concerns. That resolution was forwarded to MnDOT staff and they have indicated they would take 139 <br />the resolution as a disapproval of the project. Staff is now presenting three resolution options to the 140 <br />council: a) approving the layout with conditions related to lane restrictions; b) opposing MnPass in 141 <br />general but approving the layout of the project; or c) approving the lay out as is. The council did see 142 <br />resolution options at the last work session, and he reviewed each of those three resolutions as they are 143 <br />included in the staff report. 144 <br /> 145 <br />Mayor Reinert moved to approve Resolution 16-80A (he read a section of the resolution). He noted 146 <br />that he feels the resolution is a win/win for everyone as it allows the city to oppose the concept of 147 <br />special lanes for special people (as he does) while allowing the project to go forward for those who 148 <br />support it. It also will assure, if the state were to come to the city and ask for city assistance, the city 149 <br />cannot be asked for funds for that purpose. This protects the city from having to fund a special lane 150 <br />and thereby protects the city’s residents from that. Council Member Rafferty seconded the motion 151 <br />for discussion purposes. 152 <br /> 153 <br />Mayor Reinert asked City Attorney Langel to further explain the resolution. 154 <br /> 155 <br />Mr. Langel explained that the language of the resolution was previously proposed. He agrees that the 156 <br />language agrees with the improvements outside of the MnPass lanes. His understanding is that 157 <br />MnDOT has looked at the language and is interpreting it as a city denial. That would have 158 <br />consequences that could remove Lino Lakes from the project and therefore risk loss of the 159 <br />improvements. Mayor Reinert suggested that the consequences aren’t based on legality but on the 160 <br />firm hand of the state in their need to get full compliance. He is fully opposed to the MnPass lanes 161 <br />and would like to state that. 162 <br /> 163 <br />Council Member Manthey noted that there are three resolution options. He understands that the 164 <br />mayor is in favor of 16-80A. He noted 16-80B and that it allows some footing for the city while 165 <br />allowing the project to continue within the city. The goal seems to be to get a message on MnPASS 166 <br />lanes but not to stop the project. 167 <br /> 168 <br />Mayor Reinert remarked that Resolution No. 16-80b doesn’t have any teeth. Council Member 169 <br />Manthey said the council has discussed the options and MnDOT has come back with their opinion; he 170 <br />thinks getting the project done is important. 171 <br /> 172 <br />Council Member Kusterman said he will vote no on all three of the resolutions. He prefers to ensure 173 <br />there will be a noise wall and not allow that to fall on principle. That is the most important thing for 174 <br />him. 175 <br /> 176 <br />The motion failed on a voice vote. 177 <br /> 178