07/14/1975 Meeting - Laserfiche WebLink

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from the engineering division were on the job site and better able to monitor the performance. He noted that permits could not be issued after noraml working e hours. He asked that the entire ordinance be rewritten in a more realistic and reasonable fashion to protect city residents from unnecessary noise and at the same time make the terms fully enforceable and not something based on judg- mental factor. Eldon Shields, representing Associated General Contractors, cited Federal and State regulations currently controlling the industry. He noted the nature of heavy construction which called for public works activities in locations con- trolled by public bodies. Also, work time beyond the control of contractors to avoid conflict with peak traffic hours or activities during standard working hours. He cited mill closures as an example where construction could proceed over a 24-hour period for a week-long period to avoid conflict with operations over an extended period of time. Emergency situations - broken water lines, etc. - also called for work at odd hours. He asked exemption for contract con- struction from the proposed amendment, saying that would be consistent with State and Federal regulations and that the industry would work closely with the city to solve any problems. John Alltucker, Eugene Sand & Gravel, also noted State and Federal regulations governing noise levels and cited required decibel levels compared with other sound levels. He said the proposed city regulations were preempted by DEQ regulations. He referred also to around-the-clock operations necessary in some instances to accomplish work in a required period of time, particularly opera- tions to sand icy streets in hills around the city. e Public hearing was closed, there being no further testimony presented. Assistant Manager pointed out that the proposed amendment did not change the existing code with regard to emergency operations, permits could be issued be- yond normal hours when noise from vehicles to and from a construction site did not unduly interfere with the peace and quiet of a neighborhood through which vehicles were routed. He said that staff assumed there would be occasions when permits would be issued beyond the hours specified. He added, however, that there was provision to determine at the staff level a return to normal hours should activities violate the peace, quiet, sleep, etc. I-B-l Council Bill No. 891 - Amending Section 4.083 and adding Section 4.084 to the City Code re: Loud or raucous noise was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Murray moved second by Mr. Keller that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Mr. Murray favored the proposed amendment, saying it was a minor adjustment to the existing ordinance. With regard to request for exemption for heavy con- struction, he assumed there was provision for exemptions in cases of emergency or urgent public necessity when permits would be granted for construction beyond the allowed hours so that provision for a specific exemption would not have to be made in the code itself. e Councilwoman Beal referred to information from the West University Neighbors indicating that the majority of cities in Oregon did not permit construction noise after.7:00 p.m. 7/14/75 - 3 370