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PIINUTES <br />City Council <br />July 22, 1987 <br />Noise Fahey requested that the Sheriff's Department, who has the necessary <br />Pollution equipment, do a decible reading of the noise on the Nadeau property, <br />(Cont.) and forward this information to the City Clerk. <br />Mr. Fahey introduced the following resolution and moved its adoption: <br />RESOLUTION N0. 87-7-331 - INSTRUCTING THE <br />CITY ENGINEER TO CONTACT THE STATE AND REQUEST <br />THEIR COOPERATION IN REVIEWING TNE FEASIBILITY <br />OF VARIOUS METHODS TO REDUCE NOISE POLLUTION <br />FROM 35E INCLUDING, BUT NOT LIMITED T0, <br />CONSTRUCTION OF Fl SOUND BARRIER IN THE AREA OF <br />THE WEST SIDE OF THE FREEWAY ADJACENT TO SAVAGE <br />LAKE <br />The foregoing resolution was duly seconded by Mr. Blesener. <br />Ayes (5) Blesener, Fahey, Collova, Scalze, LaValle. <br />Nays (0). <br />Resolution declared adopted. <br />This resolution appears in Resolution Book No. 18, Page 358. <br />Fahey asked if there was any time limit on legal action that the City <br />could take with regard to the noise problem from the freeway, or if <br />the City could make the argument that this was a continuing violation. <br />Blesener pointed out that the State has said that the City should <br />not have issued building permits for the Twin Lake Trail property, <br />and asked if the City could claim that the State destroyed the <br />value of the property by putting the freeway through. <br />The City Attorney replied that the State did not say it destroyed <br />the property value, but is saying that the problem on Twin Lake <br />Trail is the City'S liability. <br />Fahey pointed out that the State's noise from the freeway exceeds <br />noise volume standards. <br />The Attorney stated that noise violations are extremely difficult <br />to prosecute, and suggested that the property owners might have <br />a private course of action. <br />Fahey asked the Attorney to look into the time limitation factor <br />and what action the City could take as a public body on behalf <br />of the residents. Fahey also suggested that the City might contact <br />its Legislators and noted that the State is not above the law. <br />Blesener agreed with ~ladeau's comments that the City has been <br />dumped on many times and noted that in addition to the freeways, <br />it also has a great deal of Water 4lorks property as well as pays <br />the highest water bill in Ramsey County. Blesener also pointed <br />out the traffic from other cities that goes through Little Canada <br />to get to the freeway. <br />Paqe -14- <br />