Loading...
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.