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Regular City Council Meeting Monday, May 14,2012 Page 17 At the request of Councilmember Pust, Mr. Paschke advised that staff had reached a conclusion similar to that of Mayor Roe, that the line was substantial- ly in compliant and was consistent with other lot lines in the neighborhood,bor- dering a very broad curve in the roadway. At the request of Councilmember Pust, Mr. Paschke advised that the line would be substantially radial to the curve and met code requirements. Councilmember McGehee stated that she had no issue with whether the lot line was perpendicular or not; opining that the subdivision made for two reasonable lots; and her only concern was that the shed needed to be moved. Councilmember McGehee also raised the issue of the tree preservation of the willow as stated in the materials. Mr. Paschke stated that he was responsible for the protection of the identified tree. Councilmember McGehee noted that the trees, specifically oaks, in the Pulte Homes division did not have their roots ad- equately protected and will die. Mayor Roe ruled Councilmember McGehee's comments off topic and ended the discussion. Roll Call Ayes: Pust; McGehee; Johnson; and Roe. Nays: None. b. Consider Extending Working Hours for the 2012 Pavement Management Project(PMP) City Engineer Debra Bloom briefly summarized the request for a variance in working hours for 2012 PMP work, as detailed in the RCA dated May 14, 2012. While not a part of the original contract, Ms. Bloom advised that staff was sup- portive of the request to minimize disruption to area business and to achieve a good end product. Ms. Bloom noted that affected businesses and residents had been legally noticed by mail, along with published notice in accordance with State Statute and City Code. Councilmember Pust recognized the need to balance efficiencies and quality of the work product; as well as the need to treat all the same. Since she had yet to see one of these variances not approved, Councilmember Pust questioned if staff could not screen them at the staff level, or recommend changes to the City's current ordinance. Ms. Bloom advised that, if this was in a residential area, staff would not have brought it forward. However, since it was not strictly in a bedroom neighbor- hood and was in an area of a majority of business, Ms. Bloom opined that the request was reasonable. Ms. Bloom advised that she fielded a considerable number of complaints from residents with contractors starting before 7:00 a.m., and advised that she used this Code section for enforcement repeatedly, remind- ing contractors that they couldn't work before or after those time parameters