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ARDEN HILLS CITY COUNCIL—March 29, 2010 8 7.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 and 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 this would be at the discretion of the Council. Staff was considering the City's corporate partners when reviewing this Code and projects they may have such as parking lot maintenance. Councilmember Holden stated if this Code change was for parking lot maintenance then it should be more restrictive or targeted to this particular use. Mayor Harpstead clarified that when exceptions are being requested a permit approved by the City Council would be required,with the exception of emergency situations, which goes to Staff. Public Works Director Hoag stated this was correct. Councilmember Holmes asked what the distance was for surrounding properties to be notified. Public Works Director Hoag stated properties within 350-feet would be notified of an application before it was presented at a City Council meeting for approval. Community Development Director Lehnhoff clarified that the statement "properties within 350-feet will be notified" is not in the code and should be added. He also recommended adding "at least 10 days prior to the Council meeting" so that people have a chance to comment ahead of the Council review. Councilmember Holden stated this distance should be increased. Community Development Director Lehnhoff stated the 350-feet notification distance is statutorily required in the City's planning cases but this number could be expanded upon. Councilmember Holden clarified she does not have a problem with these changes for maintenance reasons but does not feel it should be expanded to include new construction projects. Councilmember McClung stated during the discussions for the Sand Companies proposal one of the City's corporate partners stated one of the reasons they were opposed to this project was because they may want to be doing construction during off hours. He clarified this was not allowed under the current ordinance. He does not agree with adding language that would allow someone to stop a neighbor because they did not want him or her doing it next to them. The City should have some flexibility but they should be careful on how it is used. Community Development Director Lehnhoff stated overnight reconstruction or construction of a parking lot would not be allowed under the current ordinance but they could request a permit under this ordinance but this would be subject to Council approval.