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ARDEN HILLS CITY COUNCIL—March 28, 2011 6 7.A. 16941TH 51 Municipal Consent Resolution (continued) Mayor Grant stated he would like to have Mn/DOT pay for the noise wall entirely, but if they go through the appeal process there may be the possibility the residents could end up with no sound walls. He felt the appeal board should address this matter and he would support denying Municipal Consent and would like the City to go through the appeal process. Councilmcmber Holmes asked what the City could possible gain by going through the appeal process beyond additional funding for noise mitigation. Mayor Grant asked if Stan Harpstead, the City's appointed member to the appeal board, could limit the discussions in the appeal process to just the sound walls. Public Works Director Maurer stated the City could not limit what Mn/DOT presented in their two hour presentation to the appeal board, but the City could limit their own presentation and discussions to noise mitigation and sound walls. He clarified the reason Mn/DOT agreed to pay for 2/3 of the cost for the sound walls was because these walls were found to be 2/3 financially feasible. There are three criteria that must be met in order for Mn/DOT to pay for sound walls and they were not found to be cost effective for the number of homes that would receive benefit. Mn/DOT will not change this policy or deviate from this policy. This would result in a precedent they would have to abide by for future projects and they are not willing to do this. Even if the appeal board finds Mn/DOT should pay for the sound walls, he felt the Commissioner may choose to override this decision. He stated Mn/DOT is in the process of changing their policy so that if sound walls are not cost effective then they will not build them. If sound walls are found to be cost effective, the residents that are affected will make the decisions regarding the walls. This policy change is expected to go into effect later this year. Councilmember Holmes stated the City would be reviewing the sound study at a meeting scheduled for April 11. She stated the City may be able to convince Mn/DOT that their study is flawed and this could result in additional funding for the noise walls. She asked if the noise studies were set or if WDOT would be performing additional noise studies. Public Works Director Maurer stated Mn/DOT has performed two noise studies and the Federal Highway Department has already signed off on these. At this time there is no reason for Mn/DOT to redo these studies. If Mn/DOT does redo the sound studies this would delay the project further and it is not likely they would agree to do this. Councilmember Tamble stated he would like to proceed with the appeal process to see if there would be additional funding for the noise walls. He stated if these walls are necessary then Mn/DOT should pay for them. If Mn/DOT does not agree to pay for them entirely then the City would still have Mn/DOT's agreement to pay 2/3 the cost. MOTION: Councilmember Holmes moved and Mayor Grant seconded a motion to Ado t Resolution 2011-01$ Approving Layout (2A) of 1-694/TH 51. The_the Final,,_. motion failed 1-3: Mayor Grant Councilmembers Werner and Tamble .