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HomeMy WebLinkAbout07-27-09-R �SI�EN HILLS Approved: September 14, 2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY.COUNCIL MEETING JULY 279 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harpstead; Council Members Dave McClung, David Grant, Brenda Holden, and Fran Holmes. Absent: None. Also present: City Administrator Ronald Moorse; City Planner Meagan Beekman; Public Works Director Gregory Hoag; Community Development Director James Lehnhoff; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE L APPROVAL OF AGENDA Mayor Harpstead stated that item 6A was being removed from the agenda because it was no longer required as the property had been brought into compliance. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the agenda as amended. The motion carried unanimously (5-0). I PUBLIC INQUIRIES/INFORMATIONAL A. TCAAP Update ARDEN HILLS CITY COUNCIL-July 27, 2009 2 City Administrator Ronald Moorse stated that on July 15, the Council met with representatives of the Army and GSA to discuss the City's priorities and concerns related to the cleanup and reuse of the TCAAP property and how the City and the Army/GSA can work together to get the City what it wants in relation to the cleanup and reuse of the property, to discuss the details of the GSA's public sale process and timeline, and to discuss the process for moving forward. While the City is moving forward with a process to obtain funding and special legislation to enable the bulk of the TCAAP property to be cleaned up and reused for parks and open space, the GSA is moving forward with its public sale process. While the public sale process is to include the transfer of the wildlife corridor area to Ramsey County, the GSA indicated it does not want to require more land to be dedicated to parkland, because it would deter bidders on the property. The GSA wants the parkland dedication to be worked out between the City and the buyer after the land is purchased. The GSA is planning to begin the initial steps in the public sale process quickly, with a bidders' conference planned for the fall of 2009, and the sale planned for late spring 2010. The City is preparing to be involved in the sale process, particularly to ensure the sale process includes a mechanism to ensure the buyer completes the cleanup of the property, and to provide information to the potential bidders regarding the City's expectations for the reuse of the property. Going forward, the City will schedule bi-weekly conference calls with the GSA as an opportunity for the City to have input into the sale process, and to monitor the progress of the sale process. Public Mayor Harpstead opened the public inquiries/informational at 7:05 p.m. - Christopher Homestead, representing Scout Troop 408 and Greg Trayhan representing Scout Troop 609, stated they were present to work on a merit badge and asked to speak with the Council members after the meeting to ask questions. Mayor Harpstead stated that the Council would be available for questions after the meeting. Ms. Patty Deters, 1967 W. County Road D, Arden Hills, stated that she currently owns a duplex and recently got a notice that the property needs to be registered as a rental property because she rents out the half that she is not living in. The property is homesteaded and owner occupied. She stated that the Ordinance should apply to all rental properties in the City not just single units. She expressed concerns that this was an application and the City can revoke or suspend the application and it specifies who she is able to rent to. The application also states that inspectors can enter the property at any reasonable time. She needs to provide her tenants with ARDEN HILLS CITY COUNCIL-July 27, 2009 3 notice before she enters their property. She stated that this Ordinance is not being applied equally to all rental units and homeowners in the City. Mayor Harpstead asked Staff to follow up with Ms. Deters regarding any questions she has raised. Community Development Director James Lehnhoff stated that Staff has been in contact with Ms. Deters and will follow up. Mr. Richard Wenzel, 1931 Noble Road, Arden Hills, asked the Council what was going to happen now that the TCAAP deal had fallen through. The City has worked for several years on this project and spent taxpayer dollars on this project. He asked what will happen to the tax payer dollars now. Mayor Harpstead stated that to date most of the money that has been spent on the TCAAP property has been spent by the developer not the City. Mr. Wenzel stated that not all the money that was spent was by the developer and this was stated in the bulletins. He expressed dissatisfaction with the TCAAP deal having fallen through. He asked what happens to the tax money that was put into this project. Mayor Harpstead clarified that the developer had backed out of the deal. He stated that the City will have to find other ways to create value in the future for the City. He stated that City Administrator Moorse pointed out that there is a process continuing to move forward and the process is not done. - Mayor Harpstead closed the public inquiries/information at 7:12 p.m. I APPROVAL OF MINUTES A. June 8, 2009, Regular City Council Meeting Minutes B. June 15, 2009, City Council Worksession Minutes Mayor Harpstead stated that on the June 15, 2009, City Council Work session minutes Councilmember Grant should have an excused absence. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the June 8, 2009 Regular City Council Meeting Minutes as presented and the June 15, 2009 City Council Worksession Minutes as amended. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL-July 27, 2009 4 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Approve Payment #3 to Frattalone Companies, Inc., of Little Canada, Minnesota, in the Amount of $129,887.84 for the 2009 Pavement Management Program C. Motion to Approve Cooperative Agreement between Ramsey County and the City of Arden Hills for the Emergency Vehicle Pre-Emption (EVP) Project D. Building Permit Extension for the Traverse Business Center MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 5. PULLED CONSENT ITEMS None. 6. PUBLIC HEARINGS L 3L 9 JL V-AL%R&A VAR KA IL,%P -L 3L Fff"A%P V%.1 %Y JL N-�K%a%, Abafte.melfltl a4 ar":144tho o^-vrr�xAsorr-V V^�r--p o�rro�rQ"jib Cnr �ro�nv�r�--rr� iacrd nthar-vrv�� WX V %'4w eta fixopflA N1 0t, i.n. C.-.0M.M.4iffinee with. 7. NEW BUSINESS A. Motion to Award 2009 Crack Repair and Seal Coat Project to Pearson Bros., Inc., of Hanover, MN, in an Amount of$95,480.00 Public Works Director Gregory Hoag stated The 2009 Crack and Seal Coat Project consists of roads, which were identified in the 2009 Pavement Management Plan. Based in past practice, the City Council has awarded the contract to the lowest responsible bidder. In the case of the 2009 Crack Repair and Seal Coat Project, the lowest bidder is Pearson Bros. Inc., of Hanover, Minnesota. Staff obtained prices on two types of seal coat rock. Contractors were asked to bid on both FA-2 Class A granite (this rock, depending on where it is obtained, can come either in a light gray or with a pink tone) and Class A Dresser trap rock (this rock is more of a dark gray color). The overall function of either rock is similar. The FA-2 granite has a tendency to show tire marks from stationary turning, while the trap MR-DEN HILLS CITY COUNCIL-July 27, 2009 5 rock can hide these types of tire marks. Because there is no increase in function or longevity by using trap rock, staff recommends using the lower priced FA-2 granite. This project is approximately 4.5 miles of roadway. Councilmember Grant stated that,the last time the City used granite they did not have a good experience. He asked why this time it would be better when the City's history using trap rock was better. Public Works Director Hoag stated that the granite can be more multi-colored and does show tracking more but the overall function and longevity of both rocks is the same. Councilmember Grant stated that the color was not important. He asked if the life span of the granite was less than trap rock. Public Works Director Hoag stated that a shorter life span has not been the experience of other cities that have used granite. Councilmember Grant asked what other cities have used granite. Public Works Director Hoag stated that Roseville, Little Canada, Falcon Heights and possibly Shoreview have all used granite for a number of years with success. Councilmember Grant asked if the City still had granite located at the old City Hall building. - Public Works Director Hoag stated that there was approximately one ton still located at that facility. Councilmember Grant asked if this granite would be used in this project. Public Works Director Hoag stated that this rock could be reused if needed. Councilmember Holden asked what the City was getting for the $6,000 difference in price between the granite and trap rock. Public Works Director Hoag explained that the only real difference was in the color and with the granite they may not get a uniform color. The overall functions and longevity of the two types of materials were the same. ARDEN HILLS CITY COUNCIL-July 27, 2009 6 Councilmember Grant recommended that if different colors of rocks were used to be sure that they are used in the same areas and to not use two different colors on the same road. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to Award the 2009 Crack Repair and Seal Coat Project to Pearson Bros., Inc., of Hanover, MN, in an Amount of $95,480.00 for the FA-2 Class A Granite. The motion carried unanimously (5-0). Be Motion to Approve Ordinance 2009-010 in Planning Case 09-014 to Amend Sections 1305.04, Subd. 11, Subd. 12, and All Subsequent Numbering, and Section 1325.09 of Zoning Code Regarding Antennas and Towers as Presented in the July 27, 2009, Report to the City Council Motion to Approve Publishing a Summary of Ordinance 2009-010 City Planner Meagan Beekman stated in light of the recent application to erect a cellular tower on the Bethel University Campus, Staff has had an opportunity to review the City's current regulations regarding cellular antennas and new antenna structures. In an effort to better clarify where, and under what circumstances, new antennas may be installed and antenna towers be constructed, Staff is recommending a number of changes to Section 1325.09 on the Zoning Code. One of the goals of this amendment was to require co-location of cellular antennas whenever feasible and to prioritize where in the City new antennas can be installed. In addition to location requirements, Staff is recommending several other amendments to the Code for the purpose of clarification, to bring the regulations into compliance with FCC regulations, and to update language- to meet current technology practices and standards. In addition a number of proposed amendments have been made that would significantly impact where antennas and towers may be placed within the City. She reviewed the changes to the codes and explained that there was a change in the proposed language for Section 1325.09 Subd. 3, Item B which should read: "Receptive dish antennas under one (1) meter in diameter and individual receptive antennas, which are no taller than twelve feet above the roofline, regardless of the zoning district". The FCC exempts certain types of antennas that are designed to receive TV signals and Internet services. The City cannot be more restrictive than the FCC. Councilmember Holmes asked what type of antennas residents usually have. She wants to be sure that the changes to the code do not impact the resident's ability to receive a TV or Internet signal. ARDEN HILLS CITY COUNCIL-July 27, 2009 7 City Planner Beekman stated that the ordinance does not differentiate between noncommercial and commercial but rather the use of the antenna. Residential exemptions are listed in Section 1325.09 Subd. 3 Item B. Councilmember Holmes asked if this would restrict residents. City Planner Beekman stated that it was not likely in the metro area. Those people who live in rural areas may require larger dishes or antennas in order to receive service signals. She stated that the FCC regulations override the City's. Councilmember Holmes asked if the Ordinance should state that it does not apply to individual residents or would be superseded by FCC regulations. City Planner Beekman stated that this could be specifically stated in the Ordinance but the City is trying to regulate having a cellular tower in a residential area. Councilmember Holmes stated that a cellular tower would not be an individual use. City Planner Beekman stated that a resident has the right to lease out their property for commercial use and this could be one such use. Councilmember Holden asked how Mn/DOT would work into this Ordinance. City Planner Beekman stated that on land owned by the State they do not need to comply with City regulations. Councilmember Holden asked if Mn/DOT wished to put up another tower somewhere would the City be able to regulate this. City Planner Beekman clarified the if the tower is on State property then they do not need to comply with City regulations but if the tower is on private property then they would need to meet City regulations. Mayor Harpstead asked if residents could have a dish antenna in the front yard according to Subd. 6 F 1. City Planner Beekman stated that this would be correct. ARDEN HILLS CITY COUNCIL-July 27, 2009 8 Mayor Harpstead asked if this would be mainly because a resident could put it wherever they wanted. City Planner Beekman stated that this was correct. Councilmember Holmes stated that according to this ordinance the City's first priority for location was existing water towers, second would be existing towers within commercial areas, then existing structures in residential areas and last would be new structures. She stated that there had been some talk that AT&T could have put their communication devices inside the buildings. She asked if this was addressed in the code. City Planner Beekman stated that this could be done and the regulations would not apply. Councilmember Holmes asked if it should be stated that before a new structure is built it must be shown that the device could not be placed inside the buildings. City Planner Beekman stated that the way the Ordinance is written the use of a water tower would be the City's first priority. The City could add this language but the current proposed language does state existing structures as a priority. Councilmember Holmes clarified that the tower that was proposed by AT&T would not be allowable under this code because there was no way to have additional antennas on that facility. City Planner Beekman stated that she would not be able to answer this because the question of collocation was not addressed in the AT&T application. This provision of the code was not in existence at the time the proposal was made. MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to Approve Ordinance 2009-010 in Planning Case 09-014 to Amend Sections 1305.04, Subd. 11, Subd. 12, and All Subsequent Numbering, and Section 1325.09 of the Zoning Code Regarding Antennas and Towers with the amendment to Section 1325.09 Subd. 3 Item B in the July 27, 2009, Report to the City Council and to Approve Publishing a Summary of Ordinance 2009-010. The motion carried unanimously (5-0). Co Motion to Approve Planning Case 09-012 for Three Variances at 1126 Benton Wav, Based on the Findings of Fact and the ARDEN HILLS CITY COUNCIL-July 27, 2009 9 Submitted Plans, as Amended by the Five Conditions in the July 279 2009, Report to the City Council City Planner Beekman stated that the applicant, Linda Nelson, is the trustee of the family that owns and manages the property at 1126 Benton Way, which is located in the Hunters Park Second Addition and part of the Hunter's Park Homeowners Association. The applicant is proposing to construct a 585 square foot addition on the south side of the home between the existing home and detached garage. The addition would be located entirely on the main floor of the home and would consist of a bedroom and bathroom. The proposed addition would stay in line with the existing building line to the rear of the property and step back slightly from the existing building line in the front. With the proposed addition, the applicant is requesting three variances: Encroach four feet into the front yard setback; Encroach eight feet into the rear yard setback; and Increase the structure coverage to 26 percent. The existing detached garage would remain unchanged. The Hunters Park subdivision was approved via a PUD and as such has smaller than usual lot sizes. The PUD also created a significant amount of shared open space. When the PUD was approved the setbacks that were approved were not adopted as blanket variances. As a result all the properties are legal non-conforming lots. Almost any addition to any of the properties requires a variance. Councilmember Grant asked for more detail on the blanket variances that City Planner Beekman mentioned. City Planner Beekman stated that Hunters Park was approved via a PUD and typically in this type of development through the review and approval process, the City Council would approve blanket variances for the entire development. This reduces the amount of setbacks on all the lots such that they are all in conformance. At the time this PUD was approved this was not done and it is unclear why this was not done. Because the City's current regulations apply to all the homes, rather than blanket variances approved through the PUD process, the properties are legal non- conforming. Councilmember Grant clarified that it is not clear if the City or the developer are at fault in this development for not providing a blanket variance. City Planner Beekman stated that this was correct. Community Development Director Lehnhoff stated that the City Council looked at this development in the early 1990's and at that time they decided against proposing standards because there is so much variance in each lot and setbacks that they were unable to establish a standard. ARDEN HILLS CITY COUNCIL-July 27, 2009 10 Councilmember Grant stated that he is in favor of this application but would like to explain why this application meets the seven hardship criteria. The applicant's letter states specifically that the property is currently not a reasonable use for its occupant. He clarified that this is not per applicant but per use of the land. Community Development Director Lehnhoff stated that this is correct. This alone is not sufficient for hardship but the official findings are contained on page 2 of the staff report. Councilmember Grant stated Item 4 and Item 7 of the applicant's letter under the hardship criteria were essentially the same. The variance will not create a land use not permitted in this zone and the addition of the bedroom is permitted within the zone. Item 6 of the applicant's letter references economic gain and states that the purpose of the main floor bedroom and bathroom is not for economic gain but to allow the structure to reasonable comply with the physical needs of its user. He clarified that this was the situation and the Council was aware of this need. Councilmember Holden stated that one of the neighbors had expressed support for the proposed addition. She asked where this person lives in relation to the location of the proposed addition. City Planner Beekman stated that this person lives across the pond from the proposed location but she does not have the exact address. Councilmember Holden asked if other neighbors had expressed any concerns. Ms. Linda Nelson, trustee for the family at 1126 Benton Way, Arden Hills, stated that the other neighbors are very supportive of the proposed addition. Councilmember Grant stated that it was a unique situation to be able to add living space in the middle of a lot and keep it aesthetically pleasing. Past Councils have supported similar types of requests in the past. Councilmember Holmes stated that she agreed with Councilmember Grant. She asked if this was a situation that was allowable because the development was a PUD. City Planner Beekman stated that this is a variance request not a PUD amendment. Councilmember McClung stated that he also supports this request. ARDEN HILLS CITY COUNCIL-July 27, 2009 11 MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to Approve Planning Case 09-012 for Three Variances at 1126 Benton Way, Based on the Findings of Fact and the Submitted Plans, as Amended by the Five Conditions in the July 27, 2009 Report to the City Council. The motion carried unanimously (5- 0). D. Motion to Approve the Escrow Agreement Between the City and RRLD, and Old Republic National Title Insurance Company as the Escrow Agent City Administrator Moorse stated the Council, at its July 22, 2009 TCAAP work session, discussed the use of an Escrow Agreement in relation to disputed TCAAP reimbursable expenses. The City Attorney has recommended that the funds related to disputed reimbursable expenses be placed into an escrow account while the dispute is resolved. The Council requested that the City Attorney provide a letter discussing the pros and cons of placing the funds into an escrow account and this is provided. Mayor Harpstead asked if the developer was in agreement with setting up an escrow account. City Administrator Moorse stated the developer was in agreement at this time. Councilmember Grant asked who drafted the Escrow Agreement. City Administrator Moorse stated that initially it was drafted by the developer, but then it was reviewed by Steve Bubul and the City Attorney Jerry Filla. Councilmember Grant stated the original Preliminary Development Agreement (PDA) Section 23 relating to Dispute Resolution refers to non-binding mediation and the Escrow Agreement, Item 1 on the second page, second line references court or an arbitrators direct ordering. This would be binding arbitration. City Administrator Moorse clarified that the first step in the process is non- binding mediation as is stated in the PDA and if this is not possible then they would potentially move to the court process. Councilmember Grant stated that the Escrow Agreement is governing the escrow account. The Escrow Agreement is used to determine how money comes out of the escrow account and it does not matter what the PDA states. ARDEN HILLS CITY COUNCIL-July 27, 2009 12 City Administrator Moorse clarified that at the bottom of page 1 it says that the claims funds shall remain in escrow until; 1.)The escrow agent has received written instructions directing the release of such funds as signed by both RRLD and the City (this would be the case with informal or non binding mediation process), 2.)the funds would come out based on a court order or arbitration if an agreement was not able to reached. Mayor Harpstead stated that this was only if the other party did not send written notice of intention to appeal the decision. Councilmember Grant asked where in Item 1 is the word mediation used. City Administrator Moorse stated that the word mediation is not included in Item 1. Mayor Harpstead clarified that Item 2 states that the escrow agent does not do any mediation. Councilmember Grant stated that this Escrow Agreement only referenced arbitration and does not have any reference to mediation. He also pointed out that all documents dealing with TCAAP that are relative to RRLD are finished. Mayor Harpstead stated that the Dispute Resolution still stands. Councilmember Holden stated that the PDA is not mentioned in the Escrow Agreement. She asked why the Escrow Agreement did not include references to the PDA. She asked if the PDA would still be a valid document after the Escrow Agreement was signed. Mayor Harpstead stated that the second "Whereas" does reference the PDA and he did not see language that reversed this. Councilmember Grant stated that the Dispute Resolution in the Escrow Agreement is entirely different than that of the PDA. He asked where the City Attorney was and why he was not present. City Administrator Moorse stated that he did not ask the City Attorney to attend the meeting because he did not feel that the Council wanted to get into the details of the Attorneys letter at this time. AR-DEN HILLS CITY COUNCIL-July 27, 2009 13 Councilmember Grant asked if was expected to sign the document without having his questions answered. He also stated that he had just received the escrow document and had not had the required time to review the document. He stated that he would not be comfortable with approving this at this time. City Administrator Moorse stated that he wanted the Council to be comfortable with signing the documents. Mayor Harpstead asked the Council if they would like to have a short adjournment in order to reach to the City Attorney or if they would like to table the item until further clarification can be obtained. Councilmember Holmes stated that she would prefer to table the item at this time. She had not been able to review the document properly and had several questions that would need to be answered. She asked if the PDA was still in effect. Mayor Harpstead stated that he respects Councilmember Holmes position. He pointed out that elements of the PDA did explicitly survive and these are referenced in Section 12C. Councilmember Grant stated that there are sections that did survive but any obligations that are in the document but have not been executed are still surviving. An example of this would be the return of the City's earnest money. City Administrator Moorse stated that the Council can table the item and have the City Attorney present to answer questions or in the interim period between meetings he could work with the City Attorney to provide answers to the Council. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to table the Escrow Agreement Between the City and RRLD, and Old Republic National Title Insurance Company as the Escrow Agent. The motion carried unanimously (5-0). Mayor Harpstead directed Staff to follow up with Staff regarding specific questions for the City Attorney and to provide answers to the Council. Councilmember McClung requested that the City Attorney be present when the Council does take action for any last minute questions the Council may have. 84, UNFINISHED BUSINESS None. AR-DEN HILLS CITY COUNCIL-July 27, 2009 14 9. COUNCIL COMMENTS AND REQUESTS Councilmember Grant stated that Staff should not rely on the Council getting last minute e-mails regarding information for the meetings. This should not be a substitute for the documents that are in the Council packets. Councilmember Grant asked Public Works Director Hoag how the City's water towers were doing. Public Works Director Hoag stated that there were no watering bans at this time. There was a pump rebuild at the beginning of the year and the towers are doing well at this time. Councilmember Holden stated that next Tuesday is Night to Unite. She stated that she had talked to Mayor Harpstead regarding the Fire Departments events. She had solicited information from five other fire departments and their events do not come out of the City's budget. Councilmember Holmes agreed with Councilmember Grant regarding the Council packets. She stated that if documents are not in the packet before the meeting then the Council does not have proper time to review them. Councilmember Holmes stated that the Council needs to have a list of activities for Night to Unite. - Councilmember Holmes stated that on August 1 there will be a park tour put on by the PTRC. This would be a good time for the Council to take a look at the City's parks and see what has been done and what needs to be improved. If anyone is interested they should contact Parks and Recreation Manager Michelle Olson. Councilmember Holmes asked if the Council should look at scheduling a work session with Jim Tolaas in order to get an update on the Highway 10 and County Road 96 project and discuss changes that may occur because of TCAAP. City Administrator Moorse stated that the County is at a point where they would like to have the City hold a public hearing regarding the noise mitigation for Arden Manor on August 3 1. He stated that the City has other issues that need to be resolved as well and these items could be discussed at either the August 10 City Council meeting or at a work session following the August 10 meeting. ARDEN HILLS CITY COUNCIL-July 27, 2009 15 Councilmember Holden stated that she would prefer to have this discussion at a work session. Mayor Harpstead stated that there is a benefit if the public could participate. Councilmember Holden stated that the public could attend the work session as well as a regular meeting. Councilmember Holmes asked when the Council would have been informed of the meeting with Jim Tolaas and been able to decide if there was a need for a work session or not. Mayor Harpstead asked that the information regarding Jim Tolaas was in the Admin Update. City Administrator Moorse stated that it would have been brought up as Staff was preparing for the August 10 City Council meeting. Councilmember Holmes stated that more communication among Staff and Council would be appreciated. City Administrator Moorse stated that a work session would be recommended after the August 10 meeting because there is a short agenda for that meeting. Councilmember Holmes asked if the discussion could be during the Regular City Council meeting.on August 10. Mayor Harpstead stated that it would depend on the amount of time the Council wants to devote to those discussions during a regular meeting. Councilmember Holmes asked if the stop sign issue at Glenview and Dellview would be brought back to Council. Public Works Director Hoag stated that the stop sign had been removed. Staff is currently compiling information to address this stop sign and the overall sign policy to bring before the Council. Councilmember Holden stated that there was a policy pertaining to signs previously. She recommended that Public Works Director Hoag talk to City Attorney Filla to obtain a copy of this. MR-DEN HILLS CITY COUNCIL-July 27, 2009 16 Public Works Director Hoag stated that Staff had found some information regarding a policy and this would be included in the information brought to the Council at a future meeting. Councilmember Holden requested that Public Works Director ask for the entire file from City Attorney Filla. Public Works Director Hoag stated that he would follow through with this. Councilmember McClung stated that his preference for the discussions regarding Highway 10 and County Road 96 would be for a work -session after the regular meeting. Ha asked to clarify that the public hearing on August 31 would be a public hearing that the City would have on behalf of Ramsey County. He asked why Ramsey County was dictating the City hold public hearings. City Administrator Moorse stated that this would be the opportunity for Arden Manor residents to provide input about having noise walls or not. He understood that this would be held during a regular City Council meeting. Councilmember McClung stated that this is a Ramsey County project and they should have the public hearing not the City. City Administrator Moorse stated that he would find out the answer to this and forward the information to the Council. Councilmember McClung stated that the City could facilitate but they should not have to hold the public hearing. It should be the responsibility of the jurisdiction whose project it is to hold the public hearings. Mayor Harpstead stated that the Admin Update had specified this type of meeting would be in September. Councilmember McClung requested that the information be brought to the Council before they make any commitments to do anything. Councilmember Holmes stated additional concerns because this proposed meeting was regarding sound walls for Arden Manor only. City Administrator Moorse stated that it would be good for the Council to get together prior to the meeting to discuss the outstanding issues. AR-DEN HILLS CITY COUNCIL-July 27, 2009 17 Councilmember Grant asked if there would be a food drive in conjunction with Night to Unite this year. Councilmember Holmes stated that it was too late in the process this year to change from collecting school supplies to food. This change may happen for next year. Councilmember Grant asked if there were any solicitation/peddler permits recently issued. City Planner Beekman stated that this was handled by the City Administration Staff and she was not sure if there had been any issued. She stated she would find out if any permits had been issued recently and forward this information to the Council. ADJOURN MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Harpstead adj ed the Regular City Council Meeting at p.m. S an Ha tead """"Ronald J. Mroorse Mayor City Administrator