02/16/1999 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 2/16/99 yes and that the complaint is that the truck drivers have been running the motors during 4 the early morning hours causing the residents to be awakened from their sleep. He believes that Ordinance 99-11 should take care of the problem. There has been a continuing problem in that area, especially with deliveries to Marc's making a great amount of noise at early hours of the morning. He personally resents being called at 4 0' clock in the morning, so he decided to do something about it. Mr. McKay noted that this has been an on-going problem for a number of years. Another fact is that tow motors are being used to load salt in that azea. When Handy Andy was there, we were able to get them to move the salt pile. However, the new owner does not seem willing to give consideration to the residents. Mr. Gareau noted that his conversations with Mrs. Sees did not involve tow motors. She did mention that she called the Mayor at four in the morning. However, her complaint was with respect to the idling of trucks and refrigeration units at any time during the day on weekdays and on Saturday mornings. Mrs. Sees has consulted trucking companies and refrigeration unit specialists. Once she has compiled her information, she will be in contact with Council. Mayor Musial agreed that was a different subject. He believes Mrs. Sees is planning to circulate a petition about the idling of engines during the day. He is concerned about the noise during the hours of 9 p.m. until 8 a.m. Mr. Miller said he also had received a call from Mrs. Sees. He viewed the property with her last weekend. It was his impression that her main concern was the numbers of trucks that may accumulate behind the Marc's property at any one given time with the engines running. Not only is the noise a problem but also the diesel fumes. Mrs. Sees does appreciate that there is a fence up; however, in retrospect, she now wishes she had mounding and a softer method of absorbing the noise. The trees that are there are not large enough to provide anything other than a nice appearance. His suggestion to Mrs. Sees and the homeowners' association was to attempt to work through cooperation with Marc's. Mr. McKay said that in the past the homeowners did not have any screening. The process of getting the screening involved many meetings which he attended. Only one person showed up at the homeowners meeting. Now, after the fact, they are coming forward-the time was then and not now. He does not believe the city can ask truck drivers to turn offtheir engines during the daytime hours. The homeowners did get basically the screening that was asked for. Law Director Gareau said he believed Mr. Miller's advice was good. There is nothing that we could do under the circumstances that would meet the appropriate constitutional muster that would be appropriate business regulation to prohibit trucks from continuing to run while they unload. You cannot do that. You simply cannot do anything about commercial which abuts multi-family and expect that you could regulate every facet of noise or fumes coming from trucks during the daytime hours. You can do it during the evening hours, and that is what the legislation introduced by the Mayor does. With the agenda being completed and there being no further business to come before C ~1, President ~er journed the meeting at 9:15 p.m. Barbara L. Seman, Cle of Council J et A. Saringer, President Council .~. ;~. -_ 11