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HomeMy WebLinkAbout10/02/1980 , . • • CTT.Y� OF APPLE VALC'�Y URBAN AFFAIRS COMMITTEE MEETING MINUTES October 2 , 1980 PRESENT : Chairman Hank Myers , Committee Mem6ers Fred Metry , Larry Pressnal (AV Public Safety) , John McKay , Gloria Deters , Shirley Doering and staff inember Rick Kelley ABSENT : Carol Hein , Sharon Schwartz The meeting was called to order by chairman Hank Myers at 7 : 35 PM . Motion to accept the minutes of September 18, 198D meeting was made by Deters , seconded by Metry. Minutes were approved . Rick Kelley distributed to committee mem6ers a copy of the abridged version of the noise pollution laws from the League of Cities . He suggested that a staff inem6er from the League of Cities be invited to a meeting to help with a discussion of the noise laws . Copies of the Bloomington Noise Ordinance were distributed . Myers suggested that after reading , he felt that these ordi'nances were overly strict on the enforcing of thei'r laws . Rick Kelley has tried to contact Bloomington for information con- cering their noise ordinances . Information was received on motor vehicles in that Bloomington periodically moni'tors noi'se levels on roads . Their property line monitoring is done pri'marily on a com- plaint basi:s . Concern by Myers of Bloomington being overly strict was referred to again concerning persons owning diesel trucks. Bloomington Sanitation was ticketed for this type of equipment. Myers feels that this is not effective for App1e Va11ey . Myers feels that diesel cars ' engines are the noise not the exhaust and this caused �loomington to run into their problems . Myers asked if the decibal count had been raised to accommodate diesel engines . � Kelley said that these levels are set by the state , and Bloomington is going by these levels and is one of the few cities that does enforce these regulations . Kelley said the PCA has a staff of 2 people who basically come out to the various cities and exp1ain how monitoring is done but seldom directly become invo� ved wi`th monitoring . Metry expressed his concern about the noie levels when 35E finally becomes usedble . Kelley then went over the Sound Levels by Receiving Land Use Scale on page of the attached . Tf�ere was some concern expressed a6out the time of noise ratio expressed in these ta6les . . . • -2- • Kelley said as part of our zoning laws we adopt by reference the PCA rules and regufiations , but we do not have the equipment to monitor the actual leve�ls of noise . We are in the process of acquiring this equipment . Shirley Doering expressed much cancern over the gravel pit problem. She said that the pit is operating in the early morning and late afternoon hours during the summer 6ecause it gets to hot at any other time to work . Kelley said we cannot regulate the noise from pit operations differently from PCA regulations . These regulati'ons state that daytime is from 7AM to 10 PM. It was requested that these standards be made more strict in Apple Valley, but Kelley said that these standards had been arrived at after a long series of investigations as to what noise levels are actually harmful or annoying based on objective tests . McKay expressed his concern about truck noise in 35W at the underpass for Cty. Rd. 42 . He said that during the summertime with a good West wind you can hear the trucks all the way over to Pilot Kno6 Rd . Kelley said that noise leve1s for trucks are 6ased on a sliding scale for age of vehicle and measurements are based on both speed and distance . Weather condi'ti:ons whic{i allow the noise to carry further on underpa�ses whi`ch reverberate are behond the scope of current enab� i'ng 1 egi'sl at��on . � � Kelley suggested that the V�ORKING DRAFT has some good rules that are workable for AU . He said that the WORKING DRAFT is basically a compilation of Bloomington and St . Louis Park noise ordinances . KeTley suggested that there have been some complaints concerning road noise on Cty . Rd . 42 , basically vehic1e noise , trucks and noise exhausts on cars . McKay suggested that this may be a situation where a Public Hearing might be in order to find out who made the complaints . Kelley said that the committee could certainly take that route . Myers does not agree on this idea . Kelley stated that the League of Cities has suggested that AU not adopt some other city ' s ideas about noise control , but to go thraugh the individual problems of Apple Valley and adopt the laws that would best fit the individual situations . McKay still feels that a public meeting will help to identify the various noise problems in Apple Valley. Some concern was expressed that anyone would even show up . Referring to the Bloomington Ordinances , McKay -felt that it was very vague concerning certain problems . Dog barking was referred to as 6 minutes out of an hour . This seems to 6e the 6iggest single problem in any city according to the League of Cities . McKay also felt that the ordinances were also complicated . • _3_ r • . Kelley referred to the Bloomington Ordinance . It is measured by Property Line Levels . Tf�ere are three different districts which are classified 6y use by the Federal Government . The ones concerned with in AV are residential , commercial and industrial . The noise on each is allowed to become progressively louder. Tt is based on the receptor not the generator of the noi�e . This property line rec.eptor does not apply to public roads . This is only 6a�ed on vehicle noise iteself. When the equipment is obtained for monitoring , we will monitor CR 42 , according to Kelley , but he is s:ure that the levels are over PCA reception standards at least for the first row of fiouses on either side of CR 42 . Vehicle noi`se endorcement is the only method available to try and alleviate the noise . � Excessive road noi:se is mostly caused by the 10% of the vehicles with faulty or modifi:ed exhaust systems . Road surfacing is something to be considered for a help in reducing tire noise , with asphalt generally bei:ng quieter than concrete . Metry suggested that we determine if we really have a problem on CR 42 before we really do anythi:ng about it. When the moni:tori:ng equipment is received , Kelley said it only takes one hour to get an accurate reading . The Grave1 Pit will proba6ly be chosen for some of the first readings . Motion of Metry , seconded by INcKay; to not proceed farther wi'th a noise ordinance draft until results are avai'lable from noise monitoring . Motion passed unanimously. Kelley said that the counci'1 has not requested a recommendation back unti:l the spri:ng of 1981 . Tn the t�eantime , Ke11ey wi'll schedule tfie perspn from the League of Ci'ti'es to co�e i n and tal k to the committee . SNOWMOBTLE PROBLEM It was deci:ded that this problem of noise be tabled for the moment . McKay made a suggesti'on that a consultant be asked to attend the commi.ttee meeti:ngs to help us make up ordinances i'n a proper and legal fashion . GARBAGE SURVE`l The gar�age s:urvey was sent out concerni`ng curb-side pickup . There has been a 50/5Q response . Ri'ck Kelley has said that we wi11 see changes i;n tfii's; pro6lem in tfie next two years concerning separation af garb-ge to further treatment of waste and di'sposal of waste . The mee�ti.`ng was adjourned at 8 : 20 wit{i a motion 6y McKay and a second by Deters .