Mandan residents ask for noise ordinance

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Residents in southeast Mandan, unhappy with the city commission's approval of a liquor license for a new bar and grill earlier this year, are asking the city to institute a noise ordinance to keep things under control.

William Schott, representing residents in the River Place addition, requested the city commission at Tuesday's meeting to take action keeping the neighborhood surrounding the new business a quiet residential area.

Residents near the Bridgeview Addition, where the new bar and grill is being built, did provide a petition with about 150 signatures protesting the establishment when the issue came before the commission. But the property has appropriate zoning, light commercial, allowing the sale of alcohol.

"We didn't realize that was available," Schott told commissioners. "The city commission was supposed to notify the community of this and we assumed we would be, but we weren't and the alcohol license was granted. So be it. You're allowing a liquor establishment, a nightclub facility, in a residential area where there are a large number of children and families."

Schott made two requests on behalf of the residents living in the surrounding neighborhood. First, that the surround area have a no alcohol restriction place on it so no other similar businesses can come in. The second is to establish a noise ordinance allowing no more that 75 decibels along the river front area.

The Broken Oar bar and grill is within about 4,000 feet of the neighborhood, according to Schott, and late night outdoor music has been hard to put up with during the summer. The new bar and grill will be within 1,000 feet of the neighborhood and residents worry about even greater nuisance.

Commissioner Dan Ulmer asked what the noise levels were coming from the nearby Expressway. He explained that a similar protest was made when the amusement park was built and residents in the area were concerned the erupting volcano would be a concern. After some investigation it was found the traffic noise from Expressway was greater than the fake volcano.

Schott admitted most people were used to the traffic noise and the amusement park.

"You can get used to those things at 10 and 11 at night, but at midnight and 1 p.m. how can you get used to your windows rattling from hard acid rock?" Schott asked.

Schott proposed a noise ordinance similar to that used by Bismarck.

Ulmer suggested that if there were problems, the city could use its nuisance ordinance to control any problems. He noted there were a number of examples where the nuisance ordinance was used to end disruptive issues.

Commissioner Tim Helbling said he had a decibel meter at home and people would be surprised by what noise was made by lawn mowers, motorcycles boats and jet skis.

"The police department is already stretched. Who will enforce noise on all the water ways and throughout the city?" Helbling asked. "Perhaps we could put restrictions on a liquor license, that would be better than trying to handle a bunch of issues we can't afford or physically handle to enforce."

Mayor Ken LaMont said he liked Ulmer's suggestion of using the nuisance ordinance if necessary. He pointed out it was used in the case of the former Dogtown Bar and that establishment took care of the issue. LaMont added it was an issue that could be addressed after the new business opened.

The commission took no action on the requests.

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@;bismarcktribune.com.)

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