7D, Ordinance 2010-005 Amend Section 630 of City Code

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health safety and welfare, subject to the notification of the Public Works Director. Generally speaking emergency activity would be limited to repairing utilities, but may include emergency road work or other activities if required. This would allow the City's Public Works Department to operate as needed within the regulations of the City's Code. Furthermore, it would allow utility providers to maintain vital services in the event of an emergency. Staff is also proposing language that would allow the City Council to grant permits to applicants seeking a waiver to conduct night-time construction activity. While it is not common, there have been instances in the past when businesses were interested in conducting night-time construction activity in order to minimize impacts to business operations during the day. Presently the Code does not allow for this to occur. Under the proposed regulations, applicants could request a waiver from these requirements, subject to the approval of the City Council. While a formal public hearing would not be required, Staff would notify neighboring property owners within 350 feet of the proposed construction activity prior to the Council meeting. The City Council would have broad discretion in approving or denying such a request. If the request was approved, the Council would be able to add reasonable conditions to the permit as needed. Staff discussed the proposed regulations with the City Attorney. He had no objections to the proposed language and felt that it offered the City greater opportunity to address this issue. As part of the proposal a Construction Activity Waiver Fee would be added to the 2010 Fee Schedule. Staff looked at comparable fees within the City's fee schedule and the City of Roseville's fee schedule and determined that $250 per application would be an appropriate fee amount. Recommendation Approve Ordinance 2010-005 to amend Section 630 of the City Code regarding Construction Activity as presented in the March 8, 2010, report to the City Council, and approve publication of a S ummary of Ordinance 2010-005 . Approve Ordinance 2010-006 to amend the 2010 Fee Schedule to add a Construction Activity Waiver Application Fee as presented in the March 8, 2010, report to the City Council, and approve publication of a summary of Ordinance 2010-006. The ordinance changes require a 3/5 vote and the publication summaries require a 4/5 vote. City of Arden Hills City Council Meeting for Murch 8, 2010 Page 2 of 3 \�Nletro-inet.us�ardenhills�Planning�Planning Cases�2010�.10-005 City Code Amendment - Night Time Construction Activity\03-08-10 - Regular Meeting - Construction Activity - Memo.doc