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Complaints These land use related issues came to staffs attention in conjunction with a number of noise complaints that were received, primarily from the residential neighborhood to the direct west. The nature of the complaints specifically concerned tailgate banging. After examining the complaints, the site history, and the current operations, staff became aware of the illegal activities occurring on site. It also became clear that if the City is to consider allowing the illegal activities (i.e. crushing and expansion,) noise needed to be addressed and the two issues relate to one another. Thus, staff met with Belair who agreed to voluntarily commission noise testing and sound mitigation efforts. Again, the thought is that if resolution can be made with regard to the number and types of complaints the site generates, then the Council could consider whether or not to amend the Zoning Code to allow aggregate crushing and ultimately the facility expansion. Sound Mitigation Efforts Starting in September/October of 2008 Belair hired Wenck Associates to conduct noise testing. This information is included in Attachment four. The information demonstrates that the site is operating in compliance with Minnesota Noise standards. While this is valuable to know, it does nothing to resolve the noise complaints the City was receiving. Further, the City has the ability to be more restrictive than the state, especially if the situation is generating complaints. Noting this, staff advised Belair to prepare a plan that reduces noise. In response, Belair's consultant prepared the Sound Mitigation Plan in Attachment four. This plan proposed building a 25' berm and reorienting operations so that trucks were dumping material below the height of the berm. The 25' berm height was based on the levels of noise generated through the initial noise testing, which examined all types of noise. While an effort was being made to reduce noise, Belair did not commit to altering operations to ensure dumping occurs below the berm and City staff was not satisfied that the tailgate bangs would be noticeably quieter as that issue wasn't specifically examined. In an effort to ensure tailgate banging was specifically addressed, Belair's consultant then prepared a second addendum to the Sound Mitigation Plan (Attachment One). This addendum addressed testing specifically related to tail gate banging. Ultimately, this addendum provided scientific data illustrating the actual decibel reductions of tail gate banging. For example, under current conditions 63.5 decibels is heard on Rockstone Court when a tailgate bangs and with the proposed 25' berm that level would be reduced to 56.5 decibels. This is a 7 decibel reduction in noise and typically a 10 decibel reduction equates to the human ear hearing a noise half a loud. Still, a noticeable noise will be heard when a tailgate bangs but with the proposed berm that bang should be less jarring. 0