04-28-2004 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 28, 2004 RAB, LLC Greg Wilson, RAB, LLC, appeared before the Council reviewing their Proposal to construct a 39.6 foot long fence along the back of the generator abutting Condit Street to serve as a noise barrier for the neighborhood. Wilson reported that the fence would be 5 feet from the right-of--way for Condit Street and 7 feet from the blacktop. There would be plantings along the back of the fence approximately 4 feet from the right-of--way line to screen the fence from the Condit Street property owners. John Grant, Condit Street, pointed out that there are three property owners along Condit Street that are impacted by the generator noise. Grant indicated that none of these three property owners are in support of the fence, and would rather put up with the noise fiom the generator than look at the fence. Grant reported that the generator is tun for 15 minutes every other Sunday. Grant indicated that the neighbors would prefer to see some landscaping around the generator and the fence eliminated. The Council discussed the issue and indicated that any approval of the Exemption should be contingent upon the addition of the fence if the noise becomes a nuisance in the future. The City Administrator suggested that an agreement be drafted that could be recorded against the property in the event that property owners change and the City needed to enforce the screening of the generator. Wilson indicated that his preference would be to not be held to a requirement that may be imposed some time in the future. Anderson pointed out that RAI3 is requesting att Exemption from the Noise Ordinance. In acting on the Exemption, the City has the right to establish conditions, some of which may be imposed in the future if circumstances change. There was no one else from the general public present wishing to comment on this matter. Upon motion by Fahey, seconded by Blesener, the public hearing was closed. Fahey stated that he would support the request of the neighborhood that the generator be screened with plantings at this time, and the fence be required in the future if circumstances warrant it. Fahey pointed out that while the fence may never need to be constructed, the City wants assurances that the fence will be installed as a noise mitigation device should the generator noise become a bigger problem for the neighborhood. Mr. Fahey introduced the following resolution and moved its adoption: 10