HomeMy WebLinkAbout11/20/1980 ! •
CI'�Y QF APPLE VALI,EY'
Ui�BAN AFFAIRS COMMITTEE NiINUTES
NOV�IBER zo, i98o
P�.ESENT : Committee Members Shirley Doering, Sharon Schwartz ,
Carol Hein, Gloria Deters and Staff P�lember Rick Kelley.
ABSENT: Chairman Hank Myers , Fred Metry, John McKay
In the absence of Ghairman Myers �ick Kelly called the meeting to
order at `� :30 p.m.
IVIOTION : by Doering, seconded by Schwartz to approve the minutes
of October 16, 1980. YES - � . NO - b.
Mr. Kelly sta-ted this meeting would be a continuation of the dis-
cussion on the noise ordinance. He stated thac certain type of
noises such as vehicular and industrial noise can b� regulated
without our ordinance under state law but if they are referenced
in the City Ordinance it is easier for the police to enforce.
Schwartz asked if the City would consider buying th�e necessary equip-
ment ta monitor traffic , specifically on County Road 42 since she
felt there to be defini-�e need. She stated there didn't seem to be
the need for an ordinance if it could not be enforced. Mr. Kel1y
stated there presently is something in the ordinance for noise
control but it is very vague and hard to enforce in court. He
st�ted the polzce have nothing to measure it against. Mr. Kelly
st�ted that �he PCA sets certain standards for noise levels and
vibrations and what the maximums can be , and monitoring equipment
can keep certain noises separate. He said this type of equipment
can be borrowed.
Schwartz asked if there was anyway this committee could meet with the
Planning Commission, or a directive be sent to them, to consider
setting up certain noise level areas. Mr. Kelly stated the PCA
has certain standards. for the maximum nQise level of eommercial,
residential or industrial areas and in using tY�ese you are not
jus-� referring to zoning but the land use. He stated if industrial
was next to residential they couldn't put out any more noise than
would be permitted in a residential district.
Ordinance from surrounding are�.s such as St. I,ouis Park, Bloomington,
etc. , were used as a basis for trying to decide what an Ordinance
for Apple Valley might and should contain. Such things as air
conditianers were discussed with Schwartz asking if this could be
handled unider the building permit. Mr. Kell� said that they don't
look at i�t in terms of noise , all they do is make sure its ins-�alled
correctly. He said you have to have a reason to say you can't put
it anywhere you want, and the permit is based on whether you can or
cannot have a permit,
Page No . 2
Urban Affairs Com�tee Minutes •
November 20, 1980
Schwartz reported that the bug zappers are supposed to be annoying
to neighbors , and it would seem unfair to address them and not the
air conditioners.
Mr. Kelly stated they should single out certain ones thare are con-
sidered real problems and that he would hate to see an ordinance
adopted when the problem hasn't been proved as yet. He mentioned
such things as the barking dog, snow blowers, etc. Schwartz stated
she didn't see how they could cover snow blowers as people have to
get out to work and there also would be the emergency situation.
She agreed on the barking dog, but questioned if they didn't have
to be ba��ing a certain percentage of time in order to be considered
a nuisance. Mr. Kelly stated he looked at the dog ordinance which
stated "no person shall keep any animal that disturbs any persons
by its frequent or continued noise" , which would mean eithe�� stop
the barking or get rid of the dog.
Schwartz asked about horns , and stated Apple Valley doesn•t have
whistles , or church bells , but there is the ice cream man's bells
with the snow eones. Mr. Kelly asked about noisy parties , however
this was not considered to be a problem in Apple Valley, but
Schwartz did mention the �th of July celebration.
Doering brought up the hollering and screaming at the ice skating
rinks , and one in particular where houses are right next to the
rink where the noise in almos� deafening. Mr. Kelly reported that
the City was exempt from its own ordinances and that park clesing
time was 10 :00 P.M. Schwartz remarked that if people knew there
was a noise ordinance then people wauld be complaining.
Hein stated she thought the article in the paper notifying people
of this meeting and the fact we were working on an ordiance was
very good and she hoped that if people have a problem they would
come in to tell the committee.
Schwarz asked if they couldn't go with an ordinance on vehicles
and the PCA levels that enforce the rules. She also said the
gravel pit could be covered so th�t if they were to run past 10 :00 p.m.
they would be exeeeding the noise level.
A nu�sance ordinance was discussed with the possibility of the bark-
ing dog falling under this ordinance. Schwartz reported that she
knew of people who just keep paying the fine for their dog.
MOTION : by Doering, seconded by Schwartz, to adjourn.
YES - � . No - 0. Motion Carried.
Meeting was adjourned at 8 :20 p.m.