Good morning.

This is the recommending committee for September 2nd, 2025.

We are officially called the order.

And are we in compliance with the open meeting law?

Yes, we are.

Thank you very much.

And item number three is public comment, comment during this portion of the agenda must be limited to matters on the agenda for action.

If you wish to be heard, please come forward now.

Anybody?

Seeing none, we will move on to item number four for possible action to approve the final minutes by reference at the August 18th, 2025 recommending committee meeting.

I'll entertain a motion.

Please vote.

And I'll abstain since I wasn't here at that recommending.

And post.

And that item passes.

Now moving on to item number five, bill number 2025-34 for possible action events, LVMC point.

Sorry, amends LVMC 9.16.030 to adjust the hours during which construction noise is deemed to be prohibited.

Noise disturbance proposed by Seth Floyd, Director of Community Development.

Mr.

Cunningham, I'll turn it over to you.

All right, thank you.

Good morning, Council members.

For the record, Michael Cunningham, the deputy community development director.

Um the ordinance you have in front of you today is a modification to our uh construction noise ordinance.

So I'll just give a little brief history on it, kind of talk about the intent of the new change and then answer any questions.

Um so if you recall, two legislative cycles ago, the um state had adopted a ordinance or a change in state law that stated if you have a construction noise ordinance, it must allow construction within a declarant-owned community, which essentially is your larger builders building out subdivisions to start at 5 a.m.

during the summer months, so from April to September 30th.

Uh then this most recent legislative cycle, they made a modification to that, which now adds in another option, which is a declarant-owned, or if you're further away than 300 feet from an occupied residence.

So for us in our jurisdictions, the main thing you would think about is like a custom home if someone's building a custom home if they're within 300 feet of a house that's occupied.

They have to start at 7 a.m.

If they're further than 300 feet away, then they can start at 5 a.m.

Um again through the same months, so April 1st through September 30th.

Outside of that, our construction noise sticks to 7 a.m.

to 6 p.m.

Um both of these are mandated by state law that we match them, so we're just updating these to match those, and then I can answer any questions that you might have.

One quick question is that within building and safety to regulate that, or is code enforcement?

Um usually if we have an issue, we try to reach out and just get it corrected.

If we can't, then we bring in code enforcement to actually issue a notice.

Thank you very much.

There's any questions here.

Yeah, one uh just for background purposes.

Was this stem from consumer or citizen complaints?

Or is this something that we're doing to uh be in concert with the county or the state?

Um this one specifically is just to be in concert with the state.

I think the original intent of it was for construction safety just in the summer months, right?

Um heat exhaustion, heat stroke, and all that.

So they've slowly moved up the time just to allow construction to work earlier.

Um, I think they're trying to be mindful of existing residences, and so they just have a couple options where they'll they'll allow us to start a little bit earlier.

Any other questions?

Um understand them wanting to get started at 5 a.m., especially in the peak of July and August, even we've had a pretty hot August.

Um and it will apply to any building permit that wants to be pulled.

I just kind of want to be clear as to is it a certain type of development?

Is it a certain type of construction project?

Like who does it all uh apply to?

Um, so it's specifically in our construction noise ordinance, so it's related to any construction noise.

So there's some things you can do in your house that don't require a permit, even those would be under the purview of this, so you would still have to follow it.

So essentially any construction noise.

Now our construction ordinance is specific to residential zoned areas.

Um so commercial it doesn't apply to, it's only residentially zoned districts.

And so moving forward, anything that's 300 feet away or more can start at 5.

But if they're not meeting that 300 feet of distance separation, then they have to still start at the 7 a.m.

Yeah, yeah, yeah.

They'd have to default back to the normal time, which would be 7 a.m.

Okay, thank you.

This is a public hearing for anybody who would like to comment or question.

Hearing and seeing none, I will entertain a motion for bill number 2025-34.

Move to approve bill number 2025 hyphen 3 4.

There is a motion, please vote and post.

And that item passes and will be eligible for adoption of the city council meeting of September 17th, 2025.

Next item up is item number six, citizen participation.

If you'd like to comment during this portion of the agenda, please step forward now.

Hearing and seeing none, we can adjourn today's meeting.

Thanks, everyone.

I have minutes.