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1996-08-20 Council minutesPage No. 1 August 20, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 20, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers, Huber, and Smith. Councilmember Koch had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held July 16, 1996 as amended. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items 1, n and o to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 13, 1996 Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for July. c. Adoption of Resolution No. 96-52, "RESOLUTIN APPROVING FINAL PLAT FOR CARMEN COURT REPLAT." d. Approval of a request from St. Thomas Academy to operate a motorized pontoon on Rogers Lake for the purpose of conducting tests and obtaining lake samples subject to the time and dates called out in their August 12, 1996 letter and subject to the classes presenting the results of the tests to the City Council. Page No. 2 August 20, 1996 e. Acknowledgment of certification of the city's 1997 Affordable and Life Cycle Housing Opportunities Amount (Livable Communities Act). f. Adoption of Resolution No. 96-53, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR CURLEYS VALLEY VIEW AND SURROUNDING AREAS IMPROVEMENTS (IMPROVEMENT NO. 93, PROJECT NO. 4)." g. Adoption of Resolution No. 96-54, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR MENDOTA MEADOWS IMPROVEMENTS (IMPROVEMENT NO. 95, PROJECT NO. 1)." h. Adoption of Resolution No. 96-55, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR SWANSON'S 2m ADDITION IMPROVEMENTS (IMPROVEMENT NO.95, PROJECT NO. 2)." i. Adoption of Resolution No. 96-56, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR IVY FALLS SOUTH ADDITION IMPROVEMENTS (IMPROVEMENT NO.95, PROJECT NO. 3)." j. Adoption of Resolution 96-57, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMNT FOR BIDS FOR IMPROVEMENTS ON SOUTH PLAZA DRIVE.." k. Adoption of Resolution No. 96-58, "RESOLUTION APPOINTING 1996 ELECTION JUDGES." 1. Approval of the list of contractor licenses dated August 20, 1996 and attached hereto. m. Approval of the List of Claims dated June 4, 1996 and totaling $465,273.70. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PINE CREEK ESTATES Council acknowledged the feasibility report for proposed public utility improvements for the Pine Creek Estates subdivision. Page No. 3 August 20, 1996 Civil Engineer Marc Mogan briefly reviewed the report for Council. Mayor Mertensotto asked if the property to the north of the plat is developable. Mr. Mogan responded that the property is developable, but it is not known at this time whether the properties will be platted in the future. Responding to a question from Councilmember Krebsbach, he stated that he has not researched how many lots could be developed in the area to which the utilities are being extended, but that he is suggesting that the assessments be on an acreage basis. Councilmember Krebsbach moved adoption of Resolution No. 96- 59, "RESOLUTION ACCEPTING PETITION, ENGINEER'S FESIBILITY REPORT AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS TO CONSTRUCT SANITARY SEWER, WATERMAIN, AND STORM SEWER IMPROVEMENTS TO SERVICE PINE CREEK ESTATES AND A PORTION OF LOT 49 OF AUDITOR'S SUBDIVISION NO. 3 (IMPROVEMENT NO. 93, PROJECT NO. 1)." Councilmember Huber seconded the motion. (� �) Ayes: 4 Nays: 0 TOT LOT Council acknowledged a memo from Parks Project Manager Kullander regarding a recommendation from the Park Commission that Council consider authorizing the planting of four trees and re- establishing turf in the Friendly Hills tot lot . Councilmember Smith asked the approximate costs associated with the recommendation. Public Works Director Danielson responded that the trees will come from the city tree farm so the only cost will be in staff time. Councilmember Smith asked who maintains the lot and whether the city has committed to maintaining it since it is not in the city's park system. Mr. Danielson responded that the city crews just mow the lot. Councilmember Krebsbach moved to authorize staff to re- establish turf and install four trees in the Friendly Hills tot lot, to be funded by the street reconstruction fund, as recommended by the Parks and Recreation Commission. Page No. 4 August 20, 1996 Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 PARK CIP Council acknowledged a memo from Parks Project Manager Kullander regarding a recommendation from the Parks and Recreation Commission that tennis courts at the Hagstrom -King Park not be included in the Parks Five Year Capitol Improvement Plan. Mayor Mertensotto stated that one thing that should always be considered is that a CIP is a guide, not carte blanche authority to spend money. Councilmember Smith stated that what is being discussed is possible tennis courts at Hagstrom -King Park, and when Council was planning North Kensington, the residents stated that they would like tennis courts in the area. She further stated that it was discussed that courts had already been graded in at Hagstrom King, and the residents understood and approved the North Kensington plan with the understanding that the courts were planned for Hagstrom King in the near future. She informed Council that she cannot allow the tennis courts to be dropped from the five -year plan without notice to the residents. Mayor Mertensotto stated that the Commission wants to evaluate the need on a request basis and have stated that there are 12 city owned courts, eight courts at Sibley and three at Visitation. Councilmember Smith responded that her point is that a representation was made to a very large neighborhood that they would have localized tennis courts in a reasonable time, and she did not think Council could just drop the courts without notice. Staff was directed to research meeting minutes regarding representations made to the residents during North Kensington Park discussions. PRESENTATION Mayor Mertensotto introduced Thomas Malchow, and presented him with a Certificate of Excellence from the community in recognition of his outstanding achievement in winning the Silver Medal in the 200 Meter Butterfly event at the 1996 Summer Olympic Games. AIR NOISE Council acknowledged a memo from Administrator Batchelder regarding the Airport Relations Commission's updating of the Air Noise Plan of Action. Page No. 5 August 20, 1996 Administrator Batchelder introduced Commission Chair Scott Beaty and Commission members David Olson and Ellsworth Stein, who were present for the discussion. He explained that the purpose of the plan is to identify priority goals and action steps the city can take. He briefly reviewed what has been accomplished under the previous Airport Action Plan which was developed two years ago. Chair Beaty presented the 1996 Air Noise Plan of Action and responded to Council questions. Mayor Mertensotto commended the Commission and City Administrator on their efforts. BUNKER HILLS Council acknowledged a feasibility report on proposed street IMPROVEMENTS reconstruction improvements for the Bunker Hills neighborhood. Mayor Mertensotto pointed out that the costs per lot after city contribution could be as much as $4,850 because of the lot configurations and sizes. Engineer Mogan briefly reviewed the report and responded to Council questions. He explained that as part of the project, he is proposing the elimination of Valley Curve, between Hilltop Road and William Lane, as it is now constructed and is recommending that an existing alley be paved but that curb and gutter not be installed. Councilmember Krebsbach moved adoption of Resolution No. 96- 60, "RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR STREET RECONSTRUCTION AND REHABILITATIN IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS BUNKER HILLS INCLUDING PROPERIES IN RIDGEWOOD PARK, SOMERSET HILS, SOMERSET HILS NO. 2, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (JOB NO. 9514, IMPROVEMENT NO. 96 PROJECT NO. 3," with direction to staff to send a copy of the report to affected property owners. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TILSEN HIGHLAND HEIGHTS Council acknowledged a petition from 42 residents in the Tilsen IMPROVEMENTS Highland Heights neighborhood requesting that their streets be resurfaced. Council also acknowledged a related memo from the City Administrator. Page No. 6 August 20, 1996 Mr. Stan Karon, a resident of the neighborhood, stated that he has not heard any negative comments from anyone in the neighborhood, and that the residents support the project. He explained that in May he got volunteers to circulate a petition and received the signatures of 47 people who want improvements. He further stated that he understands that curb and gutter is the city standard and he would support it. Engineer Mogan stated that staff is requesting direction from Council on where to proceed with the petition. He further stated that there is a question of financing. He informed Council that the project area is about the same size as Bunker Hills, but there are many more lots in the Tilsen neighborhood, so costs would be comparable to the Curley project. Mayor Mertensotto stated that Treasurer Shaughnessy will have to determine if the project can be funded in 1997, and informed the residents that Council will certainly consider the project. It was the consensus that whether or not the project can be taken on in 1997, it will be the next street reconstruction project to be considered. Council accepted the petition and directed staff to work with the Treasurer to determine if the project can be financed in 1997 and further directed Engineer Mogan to proceed with preparing a feasibility report if financing is possible. REFINANCING Council acknowledged a memo from Treasurer Shaughnessy regarding a request from Lexington Heights Associates for an amendment to the language in the Housing Revenue Bonds indenture to conform with current terms as provided under FHA rules. Mayor Mertensotto informed Council that James Riley was present earlier to represent Lexington Heights Associates and he had informed Mr. Riley that if he would agree to pay all legal fees associated with the action he did not need to be present for the discussion. He stated that Mr. Riley has accepted Council's request that the borrower's legal counsel provide the city with an opinion regarding financing that that he further agreed to pay any costs incurred by the city. Page No. 7 August 20, 1996 Administrator Batchelder informed Council that City Attorney Hart has informed him that this is a routine matter and that the borrower's legal counsel should provide the opinion. Councilmember Smith moved adoption of Resolution No. 96 -61, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA AUTHORIZING THE EXECUTION AND DELIVERY OF FIRST SUPLEMENTAL INDENTURES, AMENDMENTS TO LOAN AGREEMENTS AND AMENDMENTS TO REGULATORY AGREEMENTS WITH RESPECT TO THE CITY'S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENT PROJECT) SERIES 1991A AND SERIES 1991B," as revised accordance to the conditions recommended by the City Attorney on August 20, 1996, to amend the indenture language, with the condition that the applicant pay for all of the city's legal fees associated with the matter. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 RECESS Mayor Mertensotto called a recess at 9:58 p.m. The meeting was reconvened at 10:06 p.m. CASE NO. 96 -18, NSP Council acknowledged a memo from Administrative Intern Hollister regarding the NSP application for conditional use permits for essential services and mining and a variance for a fence higher than six feet with barbed wire. Council also acknowledged a letter form NSP regarding its estimate of additional tax revenue for the proposed improvement project, a letter estimating the costs for improvements proposed by the city's acoustical consultant, and a letter from consultant William Kroll. NSP representatives Harold Bagley, Joe Mansur, Dave Callahan and Sheldon Silberman were present for the discussion. Mayor Mertensotto stated that Mr. Kroll has sent the city some additional information on what can be done on the noise. He stated that it is not a question any more about taking out one generator, but rather, the Council is trying to get NSP to do something positive on the noise that exists at the substation. Mr. Kroll stated that since the last discussion he has visited the site, starting with the northeast corner where the sheet piling will be. He stated that it is noisier at that point, but there are no homes that will be impacted. He informed Council that adding a berm to the north will not significantly reduce noise to the houses where complaints Page No. 8 August 20, 1996 stem, adding a wood wall will help slightly, but no further than 100 feet, and a partial solid wall near to the transformer to the north and west would do the most overall good to the neighborhood. He stated that the question Council should consider is what will happen in the neighborhood once the big capacitor banks are there and begin making noise. Mayor Mertensotto responded that there is a community park to the northeast which is used during the day when parents bring their children there to play. Mr. Kroll stated that there will be a greater noise level in that corner because of the sheet piling but the land rising to the north and east would buffer the noise and project it up. The noise from the sheet piling will not add to the noise to the homes to south but once the capacitor banks are there, there will be a different ball game. Mayor Mertensotto stated that Mr. Kroll has mentioned putting an acoustical band on top of the sheet piling, and is saying that the sound is being generated by the capacitors that are being installed. He also pointed out that Mr. Kroll had mentioned partial walls at the corners around the transfer station. He asked if there should only be partial walls. Mr. Kroll responded that the capacitors will generate complaints and increased noise levels but he has not gone into any more detail with NSP about the band on top of the wall. He stated that partial walls have worked well but NSP does not like them, so they suggested solid walls - which will work. He stated that the walls could be made of cement block or cement board with sound absorbent product on the inside. He explained that wood is not nearly as good as cement, but at the corners where the noise level is the most intense is where the noise should be taken care of as a trade off. Responding to a question from Mayor Mertensotto, he stated that the corner walls would need to be about 560 square feet for each of the two transformers ( fourteen feet high by about eight to ten feet on each leg). Regarding concern over costs (NSP estimate of $50,000 to $60,000 for sound walls), Mr. Kroll stated that concrete block would be fine if it is treated on the outside and would cost about $6 a square foot, but pilasters would also be needed because of the wind load. Mr. Sheldon Silberman reviewed overhead graphics identified as (\ follows: NSP Proposed Conditions; Transformer Sound Barrier Plan; Design Elements; and an overhead showing the conceptual Page No. 9 August 20, 1996 location of the sound wall near the transformers. He stated that NSP feels that Design Element 4, consisting of trees, berm, west wall extension and transformer sound barrier, at a projected cost of $115,000, will be successful and is the best sound reduction value NSP can offer. He explained that the sound barrier to the north would be installed as close as possible to the substation. He stated that NSP will not address the retaining wall and will not do anything with the capacitor banks. He responded to Council questions on the size of the transformers and how the noise is generated. He also responded to a question from Councilmember Smith regarding new technology that reacts in an alternate way to cycles to neutralize sound. He stated that neither he nor Mr. Kroll believe it would be the best application. He explained that the landscaping portion of the design were recommended by the Planning Commission and are a part of the original proposal which came to Council, and the landscaping element is the same in all four of the design elements proposals. At the August 6 meeting, NSP had agreed to do Design Element 2, and if the city would agree to cost sharing NSP will do Design Element 3. Mayor Mertensotto responded that the city cannot contribute financing to the project. Mr. Silberman stated that in any case, NSP does not like #3 and is recommending #4 because NSP feels it has the best value for everyone and it addresses the noise at the transformers which is the real problem. Mayor Mertensotto asked if sound measurements will be taken and documented before and after the capacitor banks are added if Council agrees to #4. Mr. Silberman responded that they would, and if the readings are higher at any of the residential sites after the banks are installed, NSP will take remediation measures. Mr. Kroll responded that noisefoil would work, but that he sees no mention of taking care of the noise from the capacitors themselves. He explained that at the Parker's Lake site there was a four to five "A" decibel increase when the capacitors were on, and that is a significant increase. With respect to element #3, he pointed out that his original design was for cement board on the outside - a four inch cement block wall. Regarding #4, he stated that he has no trouble with a straight wall sound barrier but would have to see the design. He stated that the noise level will increase where the sheet piling is but that will only be to the northeast. He felt that the city could back Page No. 10 August 20, 1996 off on the four foot band, although he would rather not, and that benchmark readings must be taken so that at some future date, measurements can be taken when the capacitor banks are turned on to see the impact. Mayor Mertensotto suggested that the city is really fighting the issue that if NSP does something at the Mendota Heights site it would have to do the same elsewhere. Mr. Silberman responded that NSP would still do #2 if Council wants it, but would rather do the sound barrier because it is much higher value in terms of sound reduction. Mayor Mertensotto pointed out that in #3, instead of doing the partial corners Mr. Kroll is talking about a wall on all four corners. He asked if much of the transformer noise would be dampened if those walls were on the north and south. Mr. Silberman responded that all of the experts he has spoken to felt that part walls would not have a lot of impact and that Mr. Kroll has stated that a straight wall would be at least as effective and NSP is willing to do that. Mr. Kroll stated that no one Mr. Silberman has spoken to has credentials in this type of design, but were sales people. He stated that the six foot concrete wall construction on the north and west would work but there is a big unknown about the new noise from the capacitors. Mr. Silberman reviewed the detail of what is proposed, stating that there would be wings on the corner walls, and that the wood walls which already exist on the south have been proven to be effective. Councilmember Huber stated that he walked the site outside the fence and to the south, to the cul -de -sac, and he did not notice that the sound was less there than it was to the north. He further stated that he did not perceive that there was any sound attenuation to the south from the existing wall and could still hear the hum from the substation in the cul -de -sac. He informed Council that he could not see that there was more noise in the Mendakota Estates, and that the loudest point was walking southerly along the trail. Mr. Kroll responded that the wall is only good if a person is close to it because the sound goes over the top of the wall. He reviewed the ( ) noise hot spots, and stated that the wall proposed could work very well. He explained that partial walls are mainly just to cover the hot Page No. 11 August 20, 1996 spots and the noise barrier should be either very near to the source or very near to the victims. Responding to a question from Mayor Mertensotto, Mr. Silberman stated that the south wall is about 50 feet from the transformer, and the proposed wall will be about eight to ten feet from the transformer. He stated that it is not feasible to put anything closer on the south, as there is no room even for corners. Councilmember Huber stated that all of the proposals that have been discussed show nothing being done relative to noise going towards the south. He further stated that Mr. Silberman has indicated that if Council approves the conditional use permit and the noise levels are higher after the project is complete, NSP would do something about it. He asked what would be done if the noise levels are higher to the south. Mr. Silberman responded that he does not know what would be done but he is confident that the sound level will not be increased. He stated that he does not believe grout filled posts, as recommended by Mr. Kroll, would work but that GE is working on it for him. ( ) Councilmember Smith stated that NSP originally estimated a $22,000 increase for grout filled posts and the band. She stated that $10,000 is not a huge amount of money (for the posts) and asked if NSP would come back and install them later if NSP finds, after the project is completed, that the capacitors do add enough sound, or if it would be a good idea to install the posts now as a precautionary measure. Mr. Silberman responded that it would not be easy to do after the project is done, but NSP does not think that it would be a significant or effective approach and that he is not willing to say tonight that NSP will install the posts. He stated that there are other ways that the density of the stand could be increased and that he cannot spend another $10,000 or more on stands unless he knows they will work. He stated that he has no data that says there is a problem or that the fix would work. Councilmember Smith stated that the representations that have been made are that the situation will improve because one of the transformers will be removed. She suggested that Council would prefer that the "before" readings include only two transformers. Mr. Kroll stated that there is a question about the practicality of filling pipes with grout but there are two projects going on in Page No. 12 August 20, 1996 ( Mendota Heights right now where pipes are being filled with grout, and that this is very routine. He explained that grout filled pipes are used for noise shields to keep out aircraft noise and are very effective. Mr. Silberman responded that one of the reasons he is confident is that one of the transformers is being removed, and NSP is saying it has value and that is part of what NSP is taking credit for in saying that the project will not increase sound. He further stated that NSP's position is that removal of the transformer will reduce sound and it may indeed significantly reduce sound, and NSP wants the transformer left in for the before readings. He explained that NSP's position is that the project will not worsen the situation, but if it does NSP will fix it. Councihnember Huber responded that he believes Mr. Silberman stated that the sound will go down when the transformer comes out but he also said that there would not be a perceptible difference. He further stated that the impression was that the noise level would go down by 2 decibels and it would not be increased by added capacitors. Mayor Mertensotto proposed that NSP do all of the Planning Commission recommendations on berming and landscaping and that Council agree to the schematic showing where the retaining wall will go, and also, in order to get the approval, that NSP will commit to filling the pipes on which the capacitor banks will be situated and will install the four foot band on top of the sheet pile wall. Mr. Silberman responded that those conditions are not acceptable to NSP. Mayor Mertensotto asked for comments from the area residents who were present for the discussion. Ms. Jann Blesener stated that she lives directly north of the substation. She informed Council that her family moved in in May of 1993 and within weeks she was writing to NSP about the noise of the substation. She stated that when NSP met with the Planning Commission, adding the berm was presented as a step to reduce noise, and she would rather that NSP save the landscaping money and spend it on the proposed $22,000 sound improvements. She stated that the city could do the landscaping in the future but noise is the important factor. She felt that NSP has worked hard and in good faith, but aesthetics are not the issue - the noise is the issue. She informed Council that her family cannot open their windows at night Page No. 13 August 20, 1996 because of the noise, and while everyone living in the neighborhood knew what they would be looking at when they moved into their home, they did not know about the noise. She stated that noise is a much higher priority than aesthetics. Mayor Mertensotto stated that the substation serves the entire east metro area and will expand the service capabilities of NSP. He felt that as a good corporate citizen, NSP should do whatever it can reasonably do to reduce the noise. Councilmember Smith agreed, but stated that if Council denies the permit the noise will continue at an intolerable level. Mayor Mertensotto stated that the power poles that are at the site will be shifted and there will be aesthetic changes, which is why the Planning Commission paid attention to aesthetics. Mr. Frank Freedman, 906 Mendakota Court, stated that he has been working with NSP and they have taken noise measurements (he owns the closest home to the northwest) and working in good faith. He informed Council that as an engineer he can sympathize with NSP about unproven noise from the capacitor banks and is very satisfied with the NSP proposal if they guarantee that the noise will not increase and will take remediation efforts if it does. Councilmember Krebsbach asked what Mr. Freedman's feeling would be if all of the money goes to noise attenuation rather than including landscaping. Mr. Freedman responded that he would like to see the landscaping as well. He stated that he knew what the substation looked like when he moved in, but NSP is adding substantial height to the substation and that affects not only the residents but also people who use the park. He stated that he has acoustical engineering experience and believes the walls will reduce the noise. Mrs. Mary Black, 904 Mendakota Court, stated that she has been very impressed with Council. She stated that someone from NSP has made the comment at a meeting that the neighboring residents were not present because they are not concerned, but residents were not present because Council has been doing such a good job that they did not feel it necessary to attend the meetings. Mr. Lou Leichter, 909 Mendakota Court, stated that he does not know where the sound is being measured, but most of the houses in the neighborhood are two story structures and people like to open Page No. 14 August 20, 1996 their upstairs windows at night but cannot because of the noise. He stated that when he first moved in he heard the noise, which sounded like a bug zapper with a steady drone. He asked if the sound has been measured at a second story level and how the proposal will affect the noise at the second story. Mayor Mertensotto asked if the readings would be significantly different at the second story. Mr. Kroll responded that many noise ordinances require that noise levels be taken at the second story because noise rises. Mayor Mertensotto asked if Council has the authority in cases such as this to put a moratorium in place sot hat Council can explore options for a noise ordinance. Acting City Attorney Michael Duffy stated that to the extent that there is a controversy over whether the Zoning Ordinance does address noise issues, a moratorium could be imposed. Councilmember Huber asked, if Council did impose a moratorium and implement more stringent standards, how that would affect an i ) application that is under consideration. Mayor Mertensotto stated that it becomes a question of whether the PCA noise standard addresses noise in this situation. Councilmember Krebsbach asked if the transformer will provide power to Woodberry and whether the upgrading is in anticipation of population growth in Washington County. Mr. Silberman stated that it is not directly to serve that area, but rather growth in the entire metro area. He stated that when the load grows to a certain extent, adding capacitor banks in certain locations in the metro area delays the time at which NSP must bring the generation up in the metro area. Councilmember Krebsbach pointed out that Washington County is the fastest growing county in the state and perhaps the country, and NSP will be increasing its business in the east metro area by adding the capacitors and is unwilling to spend $22,000 for additional noise attenuation. Mr. Silberman responded that NSP is not willing to spend in something that does not have good value. Page No. 15 August 20, 1996 j Mayor Mertensotto asked if Council is being unreasonable in asking for the $22,000 expenditure and whether the filling of the pipes and the acoustical band on the steel wall will be effective. Mr. Kroll responded that everything that is done will help and that Council is not being unreasonable. He stated that NSP should be a good neighbor and bend over backwards to do the project right. Mr. Silberman responded that he did not say the request is unreasonable but that it is unfair to characterize NSP as being unwilling to spend the money. He stated that Mr. Kroll has said there is little value to the band, and the sound wall at the corner of the transformer addresses that. He further stated that NSP is unwilling to commit to something now and asked Council to give him time to work with GE. Councilmember Smith stated that she understands that NSP does not have direct experience with the technology and asked if they would be willing to commit to improving the situation after the capacitor bank has been built based on scientific information including second story impact, and put up a letter of credit to assure that. She pointed out that Council would require a letter of credit from anyone. Mr. Kroll stated that NSP could always add the band but could not go back and do the posts. Councilmember smith responded that there may be other ways of stabilizing the base, and that NSP must be comfortable with the solution. Mr. Kroll stated that he knows that filling the posts with grout would solve the problem, and what is not provided for here is the matter of quieting the noise from the capacitors. He stated that it is the capacitors that sing. Responding to a question from Mayor Mertensotto about how many capacitors are being added, Mr. Kroll stated that there will be about 600 capacitors. Councilmember Krebsbach stated that the changes NSP proposes to make are to accommodate increased capacity in business, and if that ability is located in a residential area, she feels that NSP should do everything it can to reduce the noise impact on the neighborhood. Mr. Silberman responded that the issue is not necessarily the money, but that NSP does not want to commit to something that it does not Page No. 16 August 20, 1996 know will be affective. He stated that he likes the condition that NSP do something if there is a problem after the capacitor banks are added. Mayor Mertensotto moved to deny the application for mining and conditional use permit to expand the substation. Councilmember Huber seconded the motion. Administrator Batchelder informed Council that September 11 is the deadline for the 120 day review. Councilmember Smith stated that she did not receive a response to the letter of credit suggestion and she would want to require a longer letter of credit because Council does not know the affect of the capacitors. She stated that she would be looking for a $50,000 letter of credit, and the trigger would be that the noise is worse. She further stated that she would prefer the benchmark measurement on the two transformers and would also want to address the second story noise. Mr. Silberman responded that what Councilmember Smith is saying is that NSP would take readings after removing the transformer, j before the capacitor banks are energized, and then after energizing, and if the noise worsen NSP would commit to spending up to $50,000 to solve the problem. He stated that the NSP representatives would have to review the proposal. Mayor Mertensotto stated that he would not consider the suggestion because the city and NSP would be in another contest over where the measurements are taken, where the noise area is, etc., and there would be a new stream of controversy. Mr. Silberman agreed, and stated that NSP would agree to trading the landscaping but he did not think that would be good either. He stated that he feels the proposal that is being made by NSP takes a positive direction in reducing noise and if the noise does increase NSP would apply dampening to the wall. Councilmember Smith stated that NSP's readings before hand were not acceptable and if it is no better after the capacitor banks are installed and the transformer is removed, nothing will have been accomplished. RECESS Mayor Mertensotto called a recess at 11:35 to allow Council to consult with the city's legal counsel. The meeting was reconvened at 11:50 p.m. Page No. 17 August 20, 1996 ( Mayor Mertensotto pointed out that there is a motion and second to deal with to deny the conditional use and mining permits. He called for a vote on the motion. Ayes: 2 Mertensotto, Huber Nays: Krebsbach, Smith Motion failed. Mayor Mertensotto stated if NSP will agree to Plan Design Element 3 for landscaping, berming and extension of the west wall, and a sound barrier to the north according to the plan presented by Mr. Silberman, the sound absorbing wall to be as close as possible to the transformers, he would drop the retaining wall. He asked Mr. Silberman for a copy of the sketches which he had reviewed for both the full wall and the complete facility showing the wall in the north, and stated that he would not specify how NSP should build the wall. Mr. Silberman stated that NSP's proposal is for a pre -fab sound absorbent material. Mayor Mertensotto asked that the walls be brought down at the corners at a 45 degree angle. With respect to the capacitor banks, he j stated that he would require that NSP fill the hollow poles which form the structure for the capacitor banks plus put in the four foot sound absorbing band on the top of the steel retaining wall. Councilmember Huber stated that he would add that if the noise is worse, NSP will implement a remediation plan. Mayor Mertensotto responded that he would not impose the condition, as it would be very difficult to enforce after the project is in, since Council cannot withdraw the permit. He stated that this is why he will moved to approve the application under that conditions that he stated. Councilmember Smith stated that she would rather take this on good faith. She stated that Council must do all it can to ensure noise mitigation to the extent possible and that it seems to her that Council has been talking about the same conditions in the draft resolution. She stated that items 4 and 5 of the NSP proposed conditions do not take care of the unknowns and she would be willing to forfeit number six about maintaining the landscaping. Mayor Mertensotto moved adoption of Resolution No. 96 -62, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ESSENTIAL SERVICE AND MINING, AND A Page No. 18 August 20, 1996 VARIANCE FOR A FENCE HIGHER THAN SIX FEET WITH BARBED WIRE FOR NORTHERN STATES POWER AT THE ROGERS LAKE SUBSTATION," revised to require conditions one, two, four and five of the NSP Proposed Conditions and modification of the third condition to include a four foot noise barrier on the top of the north fence, and that the support structure of the capacitor banks be modified by adding pipes filled with grout to reduce noise. Councilmember Huber seconded the motion. With respect to the fourth condition on taking measurements, Councilmember Smith asked if the noise measurements would change for any reason after the 30 day period. Mr. Kroll responded that Council is talking about adding the band and wall but there is no specification on how sound absorbing the band will be, what NSP will measure, how they will measure the noise, and where they will measure. Mr. Silberman stated that Mr. Kroll has raised the problem stated before - NSP would be willing to accept what Council proposals if it eliminates the fifth condition (on noise measurement), as it is too unclear. Mayor Mertensotto responded that the condition could be dropped with an assurance that that sound absorbing material used be the maximum sound absorbing capacity. He asked if dropping the fifth condition will put the motion in jeopardy. Councilmember Huber stated that he seconded the motion with the fifth condition included. Mayor Mertensotto called the motion. Ayes: 4 Nays: 0 MN /DOT AGREEMENT Council acknowledged a memo from Parks Project Manager Kullander regarding a cooperative agreement with Mn/DOT on the Dodd Road/T.H. 110 project. Public Works Director Danielson informed Council that Mn/DOT has adding modifications, so it will be spring before the project can begin. Discussion on the matter was tabled. Page No. 19 August 20, 1996 VICTORIA TRAIL Council acknowledged a memo from Parks Project Manager Kullander regarding Victoria Curve pedestrian and bicycle safety improvements. Discussion was tabled to September 3. EASEMENT Councilmember Smith moved adoption of Resolution No. 96-63, "RESLUTION RESTRICTING DEVELOPMENT OF LOT 2, BLOCK 1 SOUTHRIDGE BUSINESS CENTER 2ND ADDITION AND LOT 6 BLOCK 1 MENDOTA HEIGHT INDUSTRIAL PARK." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 AIR NOISE Council acknowledged a memo from Administrator Batchelder regarding appointment of a negotiation team for contract discussions on prohibition of a third parallel runway at MSP airport. Councilmember Huber moved to appoint Mayor Mertensotto, Councilmember Smith, Administrator Batchelder and Airport Relations Commission Chair Scott Beatty to serve as the negotiation team for contract discussions on prohibition of a third parallel runway. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 NCD-4 Council acknowledged the draft NDC-4 budget for 1997 along with a memo from Administrator Batchelder. Discussion was tabled to September 3. SUBURBAN RATE Council acknowledged a memo from Administrator Batchelder AUTHORITY regarding membership in the Suburban Rate Authority. It was the consensus that Council has no interest in joining the SRA. COUNCIL COMMENTS Councilmember Huber informed Council that he has had a call from an individual who watched Council discussions on airport noise and is concerned about freeway noise. He explained that the individual lives on the west side of I-35E, and stated that the noise has increased because of the poor driving surface. He also stated that there are people in Bunker Hills who have made the same comments. The individual asked what Council can do to bring the noise issue to Mn/DOT's attention. After brief discussion, Councilmember Huber moved to direct the Public Works Director to write to Mn/DOT and ask them how soon they will program an overlay between T.H. 110 and the river Page No. 20 August 20, 1996 because noise conditions have deteriorated and Council is receiving complaints. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned to the August 21 budget workshop. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:15 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor -kathleen M. Swanson, City Clerk