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Page 1 of 2 DATE: August 31, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director SUBJECT: Night Work Construction Activity Waiver County Road E Improvements Requested Action Approve the Night Time Construction Activity Waiver for the County Road E mill and overlay portion of the project between Tuesday, September 1 and Friday, September 4, 2015. Background/Discussion The mill and overlay portion of the County Road E improvements was originally scheduled to be completed during the daytime hours the week of August 10 prior to the CR E Bridge opening. A problem with the depth of a gas main located at the southeast corner of CR E/Lexington Avenue and further to the east along CR E required that the mill and overlay be postponed. After the lowering of that gas main, the curb and gutter had to be poured which pushed out the earliest date for the mill and overlay to the end of the week of August 24 which coincides with the start of the State Fair and increased traffic due to the Park and Rides located on Pine Tree Drive and Harriet Avenue. Staff suggested to the contractor that they consider a night time (two nights) operation to mill the street one night and overlay it the next night to minimize impacts to the local businesses and create a safer environment considering the increased State Fair traffic. City Ordinance does allow for a Waiver to the Ordinance to allow night time operations. The specific wording of the Ordinance is reproduced below: Section 630 - Construction Activities 630.01 Prohibited Activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel or gas powered machine or other power equipment except between the hours of NEW BUSINESS – 8A MEMORANDUM