City Council Agenda: 05/10/2021

2J. Consideration to approve a temporary waiver of Construction Activities Noise

regulations, City Code 130.09(3) for UMC Expansion, Lot 2, Block 1, Monticello

Commerce Center 6th Addition.

Prepared by:

Community Development Director

Meeting Date:

05/10/2021

☐ Regular Agenda Item

☒ Consent Agenda Item

Reviewed by:

Project Engineer, Chief Building Official

Approved by:

City Administrator

ACTION REQUESTED

Approve a temporary waiver of Construction Activities Noise regulations, City Code 130.09(3), for the UMC expansion project, Lot 2, Block 1, Monticello Commerce Center 6th Addition to permit site-related construction activity to begin at 6:00 a.m. through September 1, 2021. Approval is subject to written notification to surrounding property owners.

REFERENCE AND BACKGROUND

UMC’s project general contractor Larson Building has requested consideration of an expansion of allowable construction work hours for the UMC expansion project. The supplied narrative indicates that a minor adjustment of start work time from 7:00 a.m. to 6: 00 a.m. is requested during summer months.

The UMC expansion site is located in a primarily industrial area, and Larson has noted preliminary conversations with surrounding property owners. As a condition for expansion of hours, staff recommends that Larson and/or UMC provide written notice to all directly abutting property owners of their intended activity, schedule and duration.

Council has previously considered and approved similar construction activity adjustments, most often for public improvement projects.

1. Budget Impact: None.

2. Staff Workload Impact: Limited to review of request and preparation of report.

3. Comprehensive Plan Impact: Not directly applicable.

STAFF RECOMMENDED ACTION

City staff recommends approval of the waiver, allowing the requested construction activity to begin at 6:00 a.m.

SUPPORTING DATA

A. Aerial Site Image B. Request Narrative C. City Code 130.09(3)

Subject Site

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§ 130.09 NOISE.

(A) Purpose. It is recognized that loud, unpleasant, raucous, or prolonged noise has a harmful, debilitating, and detrimental effect uponhuman beings, adversely affecting their mental and physical health, safety, and well being. Loud, unpleasant, raucous, or prolonged noise ishereby declared to be a public nuisance. In an endeavor to provide for the mental and physical health, safety, and well being and forpeaceful repose of the citizens and neighborhoods of the city, it is hereby declared to be in the public interest that loud, unpleasant, raucous,and unnecessary or prolonged noise be abated.

(B) Prohibited noise. The following are declared to be nuisances affecting public health, safety, peace, or welfare:

(1) Any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace,safety, or welfare of any person, or precludes his or her enjoyment of property, or affects his or her property’s value in such a manner as tobe plainly audible at the boundary of the real property, building, structure, or residence from which the noise originates, or at a distance of 50feet from the source of the noise. (This general prohibition is not limited by any specific restrictions provided in this section). PLAINLYAUDIBLE is defined as sound that can be detected by a person using their unaided hearing faculties;

(2) All obnoxious noises, motor vehicle or otherwise, in violation of Minn. Rules. Ch. 7030, as it may be amended from time to time, arehereby incorporated into this section by reference;

(3) The use of any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise;

(4) The discharging of the exhaust or permitting the discharge of the exhaust of any stationary internal combustion engine, motor boat,motor vehicle, motorcycle, all terrain vehicle (ATV), snowmobile, or any recreational device, except through a muffler or other device thateffectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations;

(5) Any loud or excessive noise in the loading, unloading, or unpacking of any vehicle; and

(6) The use or operation, or permitting the use or operation, of any radio receiving set, television set, musical instrument, music device,paging system, machine, or other device for producing or reproduction of sound in a distinctly and loudly manner so as to disturb the peace,quiet, and comfort of any person nearby.

(C) Hourly restriction of certain operations.

(1) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller,edger, drill, or other similar domestic power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. Snow removal equipment isexempt from this provision.

(2) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district, except between the hours of 6:00a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.

(3) Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, orgas-powered machine or other power equipment, except between the hours of 7:00 a.m. and 10:00 p.m.

(4) Radios, music devices, paging systems, and the like. The operation of any device referred to in division (B)(6) above between thehours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is

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located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of thissection.

(D) Noise impact statements. The City Council may require any person applying for a change in zoning classification or a permit orlicense for any structure, operation, process, installation, alteration, or project that may be considered a potential noise source to submit anoise impact statement on a form prescribed by the Council. The Council shall evaluate each statement and take its evaluation into accountin approving or disapproving the license or permit applied for or the zoning changes requested.

(E) Enforcement. A peace officer may order all persons present in any group or gathering from which such noise emanates or other thanthe owners or tenants of a dwelling unit to immediately disperse from the party in lieu of being charged under this section. Refusal todisperse is a violation of the section.

(F) Street noise. No person between the hours of 7:00 p.m. and 7:00 a.m. shall operate a radio, stereo, tape player, or any othermechanical device other than an automobile engine on the highways, streets, parking lots, alleys, sidewalks, or other public property withinthe city which is audible at a distance of 25 feet.

(G) Engine brakes and compression brakes unlawful. It shall be unlawful within the city for the driver of any vehicle to use or operate orcause to be used or operated any engine brake, compression brake or mechanical exhaust device designed to aid in the braking ordeceleration of any vehicle which results in the excessive, loud, unusual, or explosive noise from such vehicle.

(Prior Code, § 6-1-10) (Ord. 745, passed 8-10-2020) Penalty, see § 130.99

From: Angela SchumannTo: Angela SchumannSubject: FW: Working Hours UMCDate: Friday, May 7, 2021 12:26:14 PM

From: Nathan Halonen <Nathan.Halonen@larsonbuilding.com> Sent: Thursday, May 6, 2021 3:42 PMTo: Ron Hackenmueller <Ron.Hackenmueller@ci.monticello.mn.us>; Bob Ferguson<Bob.Ferguson@ci.monticello.mn.us>Cc: Nathan Halonen <Nathan.Halonen@larsonbuilding.com>Subject: Working Hours UMC Ron, Bob,I spoke with Angela on the phone today and asked for an ok from the city to start working hoursearlier the stated 7 am.We would like to start at 6am.She mentioned that the council would have to review. Background Information:We are not in a residential zoned area.Most of our heavy equipment large earthmoving has been completed already.Laborer’s want to start earlier in the morning to be able to take off in the hottest part of the day inthe summer months. I have visited with our Neighbors directly to the East Maintenance Supervisor Dean Kutzke 763 267-8078 and he mentioned that they can hardly hear the new equipment nowadays from theirproperty. He assured me that starting earlier will be no bother to them.I also visited with our neighbors the west at Fleet Farm and Leesa Wake (assistant manager) assuredme that stating early would be no trouble to them.North of us is a corn/bean field and the freeway and South of us is the High School which will not bein session 6 am and there is a nice coniferous mature tree buffer at south edge to help with anyconstruction sounds. If there is any other questions feel free to call or email. Thanks, Nathan Halonen | SuperintendentLarson Building, Inc.P: 763-634-5600 C: 612-735-6138

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