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Home My WebLink About10-05-21 Public Comment - A. Walker - Construction Noise OrdinanceFrom:Austin Walker To:Martin Matsen Cc:Agenda Subject:[SENDER UNVERIFIED]RE: <EXTERNAL>RE: Proposed Changes to Noise Ordinance Date:Tuesday, October 5, 2021 8:03:18 AM Attachments:image001.pngRE Early Work.msg CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Marty, Please see attached email, specifically the email within. As we work through this matter currently, I just want to make sure a permitting process to work outside the noise hours is being considered. Without this, the construction community would view this as taking their rights away with no consideration for their livelihoods and ability to perform their work as they, and the industry, is accustom. Thanks From: Martin Matsen <MMatsen@BOZEMAN.NET> Sent: Wednesday, September 29, 2021 9:02 AM To: Austin Walker <awalker@daconstruction.com> Cc: Agenda <agenda@BOZEMAN.NET> Subject: <EXTERNAL>RE: Proposed Changes to Noise Ordinance Austin, Thanks for your input. I will add this to our notes and take it into account as we move forward. - Marty From: Austin Walker <awalker@daconstruction.com> Sent: Tuesday, September 28, 2021 5:25 PM To: Martin Matsen <MMatsen@BOZEMAN.NET> Subject: [SENDER UNVERIFIED]Proposed Changes to Noise Ordinance CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Marty, Hope you are well. I would like to comment on the proposed changes to the Noise Ordinance, see my comments below. 1. First, 7 AM to 8 PM is a reasonable time frame to conduct construction, especially in the city. If there can be some revisions to the proposed new ordinance and an official way to obtain off hour permits for special circumstances I would be more willing to support this. 2. I think we need to be very careful on the decibel limitation we put on this, I get pretty nervous I am going to have a civilian standing across the street from our construction site with a decibel meter daily. For starters, I think 60 dba is too low. At 60 dba we couldn’t even drive to work and close our car door before 7 am if this was the case. This dba needs to be higher if not eliminated. Describing the ‘construction activities’ as it relates to a particular noise level would be much easier for all us to defend ourselves against while limiting the construction noise in the city. 3. Considering the above, I would like to see 6 AM remain as the start time in the city ordinance. Construction people like to go to work early, don’t take this away from them because others don’t. 4. We need a solution to schedule early or late work. Concrete placement sometimes needs to start at 3:00 am, this is chemistry and there is very little we can do about it. The positive side of this is, it keeps heavy concrete pumps and trucks out of rush hour and away from most civilians. Placing concrete in morning traffic will cost everyone. Thank for considering these comments. Have a good evening. AUSTIN WALKER Project Manager DICK ANDERSON CONSTRUCTION DAC - Always part of the solution O: 406-586-0889 x313 C: 406-459-5007 www.daconstruction.com City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. From:Brian Nostrant To:Austin Walker Cc:Jon Nienhuis; Tyler Boyer; Jesse Dahlberg Subject:RE: Early Work Date:Tuesday, October 5, 2021 7:43:49 AM Attachments:image001.pngimage1dec99.PNGEXTERNALFW Proposed Changes to the Noise Ordinance.msg Hey Austin, We submitted an encroachment permit to Jenny Connelley at the City. See attached email, she says they are proposing a change to the ordinance, which would then prohibit us from obtaining this permit in the future. May be worth getting in and trying now before they make a change. BRIAN NOSTRANT Superintendent DICK ANDERSON CONSTRUCTION DAC - Always part of the solution O: 406-721-8912 C: 406-493-9908 www.daconstruction.com From: Austin Walker <awalker@daconstruction.com> Sent: Tuesday, October 5, 2021 7:35 AM To: Brian Nostrant <brian.nostrant@daconstruction.com> Cc: Jon Nienhuis <jnienhuis@daconstruction.com>; Tyler Boyer <tyler.boyer@daconstruction.com>; Jesse Dahlberg <jesse.dahlberg@daconstruction.com> Subject: Early Work Brian, What process/who did you talk to, to get a variance to the noise ordinance for your PT placements. We need to determine if we break our PT placement and this will be a factor in our decision. Thanks AUSTIN WALKER Project Manager DICK ANDERSON CONSTRUCTION DAC - Always part of the solution O: 406-586-0889 x313 C: 406-459-5007 www.daconstruction.com From:Jenny Connelley To:Brian Nostrant Subject:<EXTERNAL>FW: Proposed Changes to the Noise Ordinance Date:Monday, October 4, 2021 10:40:37 AM Attachments:doc20211004103259.pdf 2021-066EP.pdf Good Morning Brian, Attached is your approved Encroachment Permit #2021-066EP. Also attached is the current ordinance regarding noise and work hours. However, that ordinance is proposed to change. See the changes referenced below. We are approving this due to the fact that we didn’t receive any complaints the last time you did this back in August, but if the ordinance below passes, we wouldn’t be able to allow this in the future. Just a heads up for you. Let me know if you have any questions. Jenny Connelley | Engineering Technician City of Bozeman | 20 E. Olive St. | Bozeman, MT 59715P: 406.582.2922www.bozeman.net Proposed Changes to the Noise Ordinance Post Date: 09/29/2021 10:00 AM As requested by the City Manager and City Commission, staff drafted changes to the City’s “Noise Ordinance” and will present these changes to the City Commission on October 26, 2021 for its consideration. City Code currently limits construction activities in most residential zone districts to the hours of 6:00am to 10:00pm and uses a “reasonable person” standard to measure the noise level. In general terms the proposed ordinance would implement a decibel standard and limit construction activities that exceed 60 decibels to daytime hours, between 7:00am and 8:00pm. The actual language is below. “Noise emanating from a construction operation occurring between the hours of 8:00 PM to 7:00 AM is prohibited from exceeding 60dB(A) as measured at the property line of an immediately adjacent property.” Please click the link below to view the proposed ordinance in .pdf format so that you can see the draft changes. Please be aware that this a draft version and that the language is still subject to changes. The underlined verbiage is the proposed new text and the strike- out text is current City Code that would no longer be applicable. Input suggesting changes to the proposed ordinance should be sent directly to M prior to October Marty Matsen prior to October 1st at: mmatsen@bozeman.net. We appreciate your feedback even though we cannot guarantee that your suggested changes will be included in the proposed ordinance. Staff is planning to present this revised ordinance to the City Commission for discussion and a vote on Tuesday, October 26th. As always you may send public comment expressing general support or displeasure to City Commissioners at agenda@bozeman.net. Keep in mind that all comments will be available for public view. Thank you for your time and consideration. Construction Noise Ordinance Draft Document Having trouble viewing this email? View on the website instead. Change your eNotification preference. Unsubscribe from all City Of Bozeman eNotifications. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.