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4.5 Update on Carrier Annex Service7` CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell (612) 452 -50.00 Roger N. Knutson Fax (612) 452 -5550 Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Suesan Lea Pace Writer's Extension: 218 Writer's Fax: 452 -5550 April 21, 1997 Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Marguerite M. McCarron George T. Stephenson *Alw ILcensed in W�onset i, r Mr. Brian Marshall, Manager Administrative Services United States Postal Service 200 South 1st Street RM 206 Minneapolis, MN 55401 Re: Chanhassen Carrier Annex Dear Mr. Marshall: VIA FACSIMILE AND MAIL. NO.: (612) 349 -3569 I renew the City's request that the Postal Service follow the recommendations of its own noise consultant, David Braslau, and construct the berm and fencing as recommended by Mr. Braslau. The City Council simply cannot understand the Postal Service's continuing refusal to comply with the recommendations of its own environmental noise assessment. Mr. Braslau utilized a "Potential for Awakening standard and recommended that additional mitigation be provided to get noise levels down to 50 dBA where feasible. ( Braslau Report, pp. 14 -15). Lots 1, 2 and 13 have the greatest noise impact from trucks when they are entering the facility, yet these lots receive virtually no noise mitigation if the berm is only on the Postal Service property. ( Braslau Report, figures 4.1 and 4.2). Mr. Braslau concludes by clearly and unequivocally recommending that the berm be extended, within the conservation easement, an additional 60 -65 feet to the east. He states on page 17 of his Report: Based upon the discussion on the probability of awakening in Section 5.2, several recommendations to further reduce noise levels from the site are presented below. 6.1 Berm and wall extension Suite 317 is Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 45744 Mr. Brian Marshall April 21, 1997 Page 2 The lots exposed to levels above 50 dBA are to the southeast of the facility and not directly shielded by the currently proposed berm and wall. By extending the berm and wall to the east 60 to 65 feet (onto the NOAA) site, shielding similar to the other lots could be provided. This berm and wall extension is shown in FIGURE 6.1. Because the ground to the east is approximately 10 feet higher than on the USPS site, the berm could be constructed more easily and at less cost than might otherwise be required. The USPS hired Braslau and controlled the scope of his work. Now the Postal Service refuses to follow his recommendations. Again, the City Council is simply asking the Postal Service to comply with its own environmental noise assessment. The City Council meets next Monday, April 28. Our office has been instructed to explore all possible ways of getting the Postal Service to comply with the recommendation of its own environmental noise assessment. The Postal Service seeks to avail itself of the benefits of City water, sewer, streets and other utilities, yet refuses to mitigate the adverse local impacts of the facility as recommended by its consultant. I sincerely hope that you will be able to report to me before next Monday's meeting that the Postal Service will have its contractors do the entire project. We are at a critical juncture. I look forward to your response. Please call if you have any questions. Best regards, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. omas M. Scott TMS.jlw cc: Chanhassen Mayor & Councilmembers Don Ashworth, City Manager Sharmin Al -Jaff Randy Maluchnik (Congressman David Minge's Liaison) 45744