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Home My WebLink About7D, Ordinance 2010-005 Amend Section 630 of City Codei � , ! _ _ t _. � %.� EN HILLS € � E ` i Re uest for Council Action ? q � � , E E Prepared By: Greg Hoag, Public Works Director Council Meetin Date: March 8 2010 Meagan Beekman, City Planner ; g ' � � 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 S, 2010, report to the City Council, and a rove ublication of a summar of Ordinance 2010-006. � Budgeted Amount: � Actual Amount: Funding Source: $0.00 $0.00 Source Recommendation 1. 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. 2. 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. Supporting Documents 1. Memorandum dated March 8, 2010, to the City Council 2. Attachment A; Section 630 -- Black-lined Version 3. Attachment B; Ordinance 2010-005 and Publication Summary 4. Attachment C; Ordinance 2010-006 and Publication Summary �� W��L� �,.� MEMORANDUM DATE: March 8, 2010 TO: Honorable Mayor and City Council Members Susan iverson, Acting City Administrator FROM: Greg Hoag, Public Works Director Meagan Beekman, City Planner SUBJECT: Section 630, Construction Activity Requested Action 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. Back�round 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 am and 9:00 pm. 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 City of Arden Hills City Cou�cal Meeting for Murch 8, 2010 Page 1 of 3 \�1Vletro-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 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 Attachments A. Section 630 — Black-lined Version B. Ordinance 2010-005 and Publication S ummary C. Ordinance 2010-006 and Publication S ummary City vf Arden Hills City Council Meeting fvr Murch 8, 2010 Page 3 of 3 \�Nletro-inet. us�ardenhills�Planning�Planning Cases�2010�1 D-005 City Code Amendment - Night Time Construction Activity\03-08-10 - Regular Meeting - Construction Activity - Memo.doc ac men . . . ec lon — ac - lne erslon March 8, 2010, City Council Meeting Section 630 - Construction Activities 630.�-10 Prohibited Activities. Except as allowed b_y �ermit of the Cit_y �ouncil, 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 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 8:00 a.m. and 9:00 p.m. on any weekend or holiday., U�on application for a w�i�ve�� th� ��tv Cou.n.c�� .�v �rant a�erm�t::::::::::�:��:��in� the �eauireme�ts o►f thi� Section and rnav in��ose reasonable conditia��:�::�::�.o i�. �30.11 E��r�e�cY Con.structio�. �c�tivities. Emer�enc��r:��:�:..�structian activities which ��::::: �:::::::::..:::::::::::. are �e��ss�.�� to �ratect the �u�lic hea�t�, safetv, a�d vve��.re, are exe�n.�t fron� the �eauire�ents �f Sect% ''V�or. ks :D�rectar ��:�� 0, 1�rovided that parties shall noti�'_y th� Cit_y Publi� soriablyr �po�s�ble re�ardin� the ex�stence of the . . ....:::::::::::: �.::::::::::::: � _�:.::::::�::�:::::::::::::::::��:::::: :::::::::::..::::::::::::::.::::::::::::::::::::::::::::::. e��r�� o�.�.itio� anc��:�:::::�ro��:�::�::�� necessary to abate tl�e erner�en.cv. ac men . . . r lnance - an u lca lon umma March 8, 2010, City Council Meeting Ordinance 2010-005 ST�iTE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2010-005 AN ORDINANCE AMENDING REGULATIONS FOR CONSTRUCTION ACTIVITY The Arden Hills City Council hereby ordains that Section 630 is hereby amended in the Arden Hills City Code to read as follows: Section 630 - Construction Activities 630.10 Prohibited Activities. Except as allowed by permit of the City Council, 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 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 8:00 a.m. and 9:00 p.m. on any weekend or holiday. Upon application for a waiver the City Council may grant a permit waiving the requirements of this Section and may impose reasonable conditions to it. 630.11 Emergency Construction Activities. Emergency construction activities which are necessary to protect the public health, safety, and welfare, are exempt from the requirements of Section 630.10, provided that parties shall notify the City Public Works Director as soon as reasonably possible regarding the existence of the emergency condition and the projected time necessary to abate the emergency. Ordinance 2010-005 Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 8th day of March, 2010 S TANLEY D. H1��RP S TEAD, MAYOR ATTEST: SUSAN IVERS ON ACTING CITY ADMINISTR.ATOR Publication Date: March 17, 2010 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2010-005 On the 8th day of March, the Arden Hills City Council adopted Ordinance No. 2010-005, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2010-005 be published. The Amendments to S ection 63 0 are collectively known as Ordinance 2010-005 entitled "Construction Activity Regulations." The Construction Activity Regulations will go into effect on March 18, 2010. A fu�l copy of Ordinance 2010-005 is available for inspection by any person during regular business hours at the of�ce of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://v��vvw.ci.arden- hills.mn.us. ac men . . . r lnance - an u ica lon umr�r�a March 8, 2010, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNES4TA ORDINANCE NO. 2010-006 AN ORDINANCE ADDING A CONSTRUCTION ACTIVITY WAIVER FEE TO THE 2010 FEE SCHEDULE IN ORDINANCE 2010-006. THE CITY COUNCIL OF THE CITY OF ARDEN HILLS HEREBY ORDAINS THAT THE FOLLOWING FEE SHALL BE ADDED TO SECTION III OF THE 2009 FEE SCHEDULE: X. Miscellaneous Fees/Permits � .Construction Activity _Waiver . ...� � Per Waiver Application $250.00 Effective Date. 4rdinance No. 2010-006 shall become effective the day following its publication, or the publication of the Ordinance Summary in the City's official newspaper. Adoption Date. Passed by the City Council of the City of Arden Hills the 8th Day of March, 2010 Stanley D. Harpstead, Mayor ATTEST: Susan K. Iverson, Acting City Administrator Publication Date. Published on the 17th Day of March, 2010. Page 1 of 1 �. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2010-006 On the 8th Day of March, 2010, the Arden Hills City Council adopted Ordinance No. 2010-006, and by at least four/fifths afiirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2010-006 be published. Ordinance 2010-006 affects Section of the City of Arden Hills 2010 Fee Schedule, entitled Miscellaneous Fees/Permits. The purpose of this ordinance addition is to add a fee for construction activity waiver applications. A full copy of Ordinance 2010-006 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://v�►�vwv.ci.arden- hills.mn.us.