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MEMORANDUM Community Development 490-2236 Date: August 7, 1996 To: Rick J opke From: Mike Falk Subject: ACI Fence Following the City Council's review of the issue of the fence extension along the north side of the ACI plant on Terrace Drive and Steve Sarkozy's subsequent letter to Dan McCarthy, Mr. McCarthy called to indicate ACI's willingness to work to meet State noise standards but a reluctance to participate in the public hearing process associated with a variance application. He indicated that he was having David Braslau out to the site to conduct further noise monitoring and to make specific recommendations for specific pieces of equipment found to be violating standards. Currently, a shroud around a vacuum system is being fabricated as is a small noise screen wall to be mounted around two pieces of equipment. ACI did indicate a willingness to continue to participate in the construction of a fence along the neighbors property line, as long as a public hearing for a variance was not required. Dennis and I have been in contact with and have held meetings with the neighbors to the northwest of the ACI plant and have found that they are very much in favor of the 8 foot fence. In order to maximize the effectiveness of the fence, it was found that placing it on the private property of the neighbors, gave it the greatest height in relationship to the rooftop units. The neighbors have consented to this and have signed waivers of trespass to allow the construction to take place on their property. They asked for and received a 5 year warranty on the fence from Keller Construction and thereafter, have agreed to own and maintain the fence. ACI has agreed to continue to work to meet noise standards and to participate in the cost of the fence per our previous agreement. This leaves the City with a maximum financial responsibility of$3,500. The fence and construction will be approximately $12,000, The fence material was delivered to the ACI site on Friday, August 2, 1996 and it is anticipated that construction will begin sometime this week.