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ARDEN HILLS CITY COUNCIL—March 29, 2010 7 7.A. Award the Cummings Park Irrigation Installment to Village Plumbing, Inc. in the Amount of$1,616.00 for the Plumbing Installation; Anderson Irrigation, Inc. in the Amount of $13,867.75 for the Irrigation; Plus an Additional Amount of$850.00 for a City-Purchased Water Meter. Total Project Cost Not to Exceed$16,333.75. (continued) Ayes: Mayor Harpstead, Councilmembers Holmes, Grant, and Holden Nays: Councilmember McClung Councilmember Holden requested the maintenance schedule be presented at the next City Council work session in April. Mayor Harpstead clarified this would be with the understanding that if the agenda gets too full this item will be moved to the next work session. B. 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 Summary 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 Public Works Director Hoag stated Staff is proposing amending section 630 of the City Code regarding the regulation of construction activity. Section 630 currently prohibits construction activity except between the hours of 7:00 a.m. and 9:00 p.m. The regulations do not provide for a process for the City to review and approve exceptions to this requirement, nor are there exceptions provided for emergency construction activity that may be required to protect public safety, such as water main breaks or power outages. While variances may be reviewed and approved for regulations within the Zoning Code the City does not have a mechanism to grant variances to regulations within the City Code. Staff is proposing to add language to Section 630 that would allow for emergency construction activity to occur outside of the permitted hours for the purpose of public health, safety, and welfare, subject to the notification of the Public Works Director. Staff is also proposing language that would allow the City Council to grant permits to applicants seeking a waiver to conduct nighttime construction activity. A formal public hearing would not be required and 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 requests. If the request were approved,the Council would be able to add reasonable conditions to the permit as needed. Staff discussed the proposed regulations with the City Attorney and he had no objections to the proposed language. As part of the proposal a Construction Activity Waiver Fee would be added to the 2010 Fee Schedule. Staff has determined that a fee of$250 per application would be an appropriate fee amount. Councilmember Holden asked if someone does construction and put in for a work waiver they would be able to work 24 hours.