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HomeMy WebLinkAboutCity Council Packet 02-07-2006 SpecialAgenda City of Plymouth Special City Council Meeting Tuesday, February 7, 2006 6:00 p.m. Medicine Lake Room 1. Call to Order 2. Discuss hour restrictions on weekend construction 3. Set Future Study Sessions 4. Adj ourn 0z" MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: January 27, 2006 TO: Plymouth City Council FROM: Barbara Senness, Planning Manager SUBJECT: Hourly Restriction on Weekend Construction The City Council has asked staff to research the possibility of altering the current hourly restrictions for construction activities on weekends. The following memorandum outlines what staff has learned on this issue. Current Restrictions The City currently has three sets of regulations that address construction activity. Section 2025 (Noise) of the City Code is the most comprehensive. Section 2025.05, Subd. 4 states: "No person shall engage in or permit construction, maintenance and repair activities involving the use of any kind of electric, diesel or gas -powered motor vehicles or machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m." The Code lists exceptions for 1) snow removal, 2) maintenance of golf courses, driving ranges, skating rinks and ski trail grooming on public property, 3) golf carts on public or private courses and 4) excavation and grading, which must comply with Section 21185 of the Zoning Ordinance. Section 21185 addresses interim use permits for excavation and grading that is not part of a grading plan approved as part of a development plan. City grading operations are also not covered under this section. Section 21185, Subd. 2.(b) states: "Unless expressly extended by the permit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. The City's Engineering Guidelines, Section VII.n. restrict work on construction of sanitary sewer, storm sewer, water mains, trails and streets to 7:00 AM to dusk, Monday through Friday and 8:00 AM to 6:00 PM Saturdays with no work allowed on Sundays. Holidays are not stipulated, but the Engineering Division has indicated that work does not occur on holidays. Issues with Current Restrictions Staff was not able to assemble hard data on construction noise complaints. This is because police calls are coded by address, rather than complaint type. However, we do have anecdotal information. According to Building Division staff, we get from six to eight complaints a year about construction noise. The complaints tend to be related to small, infill projects rather than larger subdivisions. As construction activity becomes less a part of daily life as it is when an area is being built out, the introduction of construction -related noise becomes more noticeable. According to Engineering Division staff, we get one to two complaints per year about street reconstruction projects. Most of these complaints relate to work done in violation of the time restrictions, such as early drop off of equipment. For the most part, residents are pleased that construction occurs on Saturdays as it shortens the amount of time their street in under construction. During the Summer of 2005, staff did receive complaints about a water main construction project the City was undertaking near the Lowe's development. Many of the complainants initially thought that Lowe's was generating the noise. The noise associated with this project was not typical and also could not have been predicted. In addition, there was no opportunity to inform the public prior to the occurrence. In contrast, there were no complaints associated with the overnight work related to the installation of the underground water storage tank at Schmidt Lake Road and Vicksburg Lane, also undertaken last summer. This work was undertaken as part of an administratively approved variance to Section 2025 of the City Code. As prescribed in the variance procedures, the City mailed out notices to residents within 200 feet in advance of the work. While not required, the contractor also made contact with neighbors. When early notification is possible, it has worked effectively in limiting negative public reaction. Over and above complaint issues, staff has identified a loophole in the current regulations. Section 2025 of the City Code exempts excavation and grading from time limitations, but indicates such activity must comply with Section 21185 of the Zoning Ordinance. However, Section 21185 exempts City excavation and grading projects and all such projects done in conjunction with an approved subdivision or development plan. Although staff has interpreted the current regulations as covering these activities, a strict interpretation would exempt them from any hourly restrictions. Restrictions in Other Communities Staff reviewed the practices in 12 other suburban communities (refer to tables in attachments). Of those 12, six have weekend and holiday restrictions the same as or very similar to Plymouth's—Brooklyn Park, Burnsville, Golden Valley, Eagan, Edina and Minnetonka. Crystal and New Hope limit construction to 9:00 AM to 9:00 PM on 2 weekends and holidays. Maple Grove's limits are 8:00 AM to 9:00 PM. However, Maple Grove only places time restrictions on activity occurring within 500 feet of any residentially zoned property. None of the communities completely banned construction on weekends and holidays. Eden Prairie has the most restrictive regulations. They allow construction activities from 7:00 AM to 7:00 PM on Saturdays (the same as their weekday restrictions) and on Sundays and holidays only upon issuance of a variance by the City Manager. Chanhassen allows construction activities from 9:00 AM to 9:00 PM on Saturdays. While commercial construction activities are not allowed on Sundays and holidays, the City allows homeowners to engage in such activities between the hours of 8:00 AM and 7:00 PM on Sundays and holidays. Bloomington also restricts construction activity on Saturday to 9:00 AM to 9:00 PM. Their code does not list hours for Sunday or holidays. However, any construction activity that can meet specified noise standards is exempt from any of the City's hourly restrictions (the stated limits are more restrictive that state noise standards). Issues with Current Restrictions in Other Communities All but one of the communities staff contacted did not raise any particular issues with their current restrictions. Eden Prairie indicated that they are in the process of further reducing the hours of construction on Saturdays. Currently, the City allows construction on Saturday between the hours of 7:00 AM and 7:00 PM. The City is considering moving the start time to 9:00 AM. Chanhassen mentioned that they have amended their current regulations to be less restrictive than in the past. Options to Current Restrictions Reviewing the regulations in other suburban communities, there is precedent for the City Council to further restrict construction activities on weekends and holidays. In addition, some of the City's own construction -related regulations are more stringent than what is found in the noise section of the City Code (Section 2025). Of the cities staff reviewed, none have a total ban on weekend construction. Staff considered the regulations from other cities and offers the following comments. Saturday Restrictions Several cities shorten the hours of construction on Saturdays. Plymouth already shortens the hours for work undertaken through a Development Contract and for excavation and grading authorized through an Interim Use Permit. The stipulated hours are 8:00 AM to 6:00 PM. The City also follows these hourly restrictions for City street and other City construction projects. The City could choose to amend Section 2025 of the City Code to limit construction activity on Saturdays to 8:00 AM to 6:00 PM. 91 Restrictions on Sunday and Holidays Several cities further limit the hours of construction on Sundays and holidays. Eden Prairie appears to have the most restrictive regulations, allowing such activity only through an administrative variance. Bloomington allows construction activity to take place at any time if the noise is within stipulated decibel levels that are more stringent than state noise standards (which as drafted is legally admissible). Chanhassen prohibits construction activity on Sundays and holidays except for homeowners undertaking their own construction projects. Staff finds that the Eden Prairie regulations are similar to Plymouth's Engineering Guidelines, with the exception that Plymouth's guidelines do not provide for any variances. Section 2025 of the Plymouth City Code does provide for variances, but this is from the 7:00 AM to 10:00 PM seven days a week provision. Staff recommends that if the City decides to further restrict the hours of operation on Sundays and holidays that a variance procedure be made available. Staff finds that relying on noise levels (Bloomington example) as opposed to hours of operation compounds the issue of enforcement. Limiting noise levels requires proper equipment, staff training to operate the equipment and being fortunate enough to respond to a complaint before the noise has stopped. Staff also finds that further limiting hours for homeowner construction and public street construction could significantly hamper individual improvements and reduce the level of street construction that could be undertaken in one season. Egregious disregard for noise levels can be addressed as a nuisance. Staff Conclusions Staff has not been able to document that construction noise is a wide spread problem in the City. However, if there is more dissatisfaction than staff has identified, then further restricting the hours of activity could have a community benefit. On the other hand, Minnesota has a short construction season and further limiting the hours that construction may occur could incur a hardship greater than the community benefit derived from the limitation. This is particularly true for City street projects. In addition, wholesale limiting of hours on weekends and holidays could be a major hardship for homeowners who undertake their own projects and who count on weekends to get the work done rather than taking time off from work. In those instances where the City has known that noise will be created outside of normal hours, Section 2025 of the City Code has a variance procedure. This has only been used twice in the past 10 years and only once in a predominantly residential area. In this instance (the reservoir construction), advance communication to residents limited public complaints. Staff Recommendations Staff recommends that the City Council consider the following: 1. To address the loophole in the current regulations regarding excavation and grading, direct staff to initiate the process to revise Section 2025 to state that excavation and grading not covered under Section 21185 of the Zoning Ordinance is subject to the same hourly restrictions as stated in the City's Engineering Guidelines. 2. Discuss the need for any further weekend restrictions on construction activity. If further restrictions are desired, 1) exempt homeowner projects and public street construction, 2) continue to provide for a variance procedure and 3) consider restrictions that are easy to enforce and similar to other City restrictions to avoid confusion. ATTACHMENTS: 1. Table of Hourly Restrictions in Other Suburban Communities 2. Plymouth Hourly Restrictions Construction Allowed iturdaz I Sunday IHolidays to 10:00 p.m. I 7:00 a.m. to 10:00 p.m. 1 7:00 a.m. to 10:00 p.m. Brooklyn Park SaturdaySunda 6:30 a.m. to 10:30 p.m. Holidays 6:30 a.m. to 10:30 p.m. 6:30 a.m. to 10:30 p.m. Burnsville 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. Eagan Edina Golden Valley 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. Minnetonka 7:00 a.m. to 10:00 p.m. 7:00 a.m. to 10:00 p.m. Crystal 9:00 a.m. to 9.00 P.M. 9:00 a.m. to 9:00 p.m. 9:00 a.m. to 9:00 p.m. New Hope 9:00 a.m. to 9:00 p.m. 9:00 a.m. to 9:00 p.m. 9:00 a.m. to 9:00 p.m. Maple Grove 8:00 a.m. to 9:00 p.m. 8:00 a.m. to 9:00 p.m. 8:00 a.m. to 9:00 p.m. Chanhassen 9:00 a.m, to 9:00 p.m. 8:00 a.m. to 7.00 p.m. Homeowner Only 8:00 a.m. to 7.00 p.m. Homeowner Onl Bloomington Eden Prairie 9:00 a.m. to 9.00 p.m. ** 9:00 a.m. to 7:00 p.m.*** pending approval' Homeowners only Construction activities which can meet stipulated decibel requirements are exempt from operating limits Days and hours may be altered by administrative variance The erection (including excavation), demolition, alteration or repair of any building or highway or utility construction Golden Valley other than between the hours of 7:00 o'clock A M. and 10:00 o'clock P M. Construction activities. 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 7:00 p.m. Monday through Saturday. No construction activities may occur o Sundays or legal Holidays. The City Eden Prairie Manager may, upon good cause being shown, vary these days and hours in writing. The following activity shall be unlawful on public or private property between the hours of 10:00 p.m. and 7:00 a.m.: A. Construction activity, including but not limited to: operation, repair, servicing and engine start-up/warm-up of heavy construction equipment; loading and unloading of heavy equipment; and delivery of supplies; B. The use of any power tools for construction activity including, but not limited to: saws, jackhammers, nail drivers; impact wrenches; and air compressors. Exemption. The following activities are specifically exempted from the prohibitions under this section. A. Mining and excavation regulated by a mining and excavation permit; C. Public work construction and maintenance by federal, state, county or city authorities or their contractors and sub - Eagan contractors as approved by the city engineer. It is unlawful to 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 o'clock a.m. and 10 o'clock p.m. on any Crystal weekday and 9 o'clock a.m. and 9 o'clock p.m. on Saturday, Sunday or holiday. Hourly restriction on certain operations. (4) Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas powered machine or other equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday in such a manner as to be plainly audible at the property line of the structure or New Hope building or parcel of land on which it is located. Hourly Restriction on Certain Operations. No person shall, between the hours of 10:00 p.m. and 7:00 a.m.: Engage in or permit construction activities which produce any audible noise beyond the property of the property where the activity is occurring, provided construction activities performed in public streets and highways by the City, the County Edina or the State are exempt from this requirement subject to the approval of the Manager. Construction, maintenance and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, 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 9:00 a.m. to 9:00 p.m. on Saturday; and no such activities permitted on Sundays or on the following public holiday: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Residential construction, repairs or maintenance, including lawn maintenance, conducted by the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and public Chanhassen holidays. A person must not engage in, permit, or allow construction or grading activities involving the use of power equipment, or other activities resulting in unreasonably loud or disturbing noise for a person of ordinary sensitivity at any time other than between 7:00 a.m. and 10:00 p.m. A person must not operate outdoor power implements including, but not limited to, power lawn mowers, power hedge clippers, power saws, or other such implements at any time other than between 7:00 a.m. and 10:00 p.m. Operation of equipment for snow removal is exempt from the Minnetonka provision so this section when initiated within 12 hours of completion of a recent snowfall. Within 500 feet of any residentially zoned property (other than R -A), no person shall engage in, permit, or allow construction activities involving the use of manual tools, movement of equipment or power equipment, including, but not limited to, any kind of electric, diesel, or gas -powered machine, at any time other than between the hours of 7:00 Maple Grove a.m. and 9:00 p.m. on weekdays, and 8:00 a.m. and 9:00 p.m. on public holidays, Saturdays and Sundays. Brooklyn Park Engineering Department Policy 12120/2005: Monday through Saturday, 6:30 a.m. to 10:30 p.m. A person engaging in one of the following activities at any time bewteen the hours of ten o;clock (10:00) P.M. and seven (7:00) a.m upon land in or adjacent to any residential zoning district shall be considered a health nussiance; construction or grading activities involving the use of hammers, power tools and equipment, or other activity resulting Burnsville in loud or disturbing noise. No person shall engage in, permit, or allow construction activities involving the use of power equipment, including but not limited to any kind of electric-, diesel-, or gas -powered machine, on Sundays or at any time other than between the hours of 7:00 A.M. and 10:00 P.M. on weekdays and 9:00 A.M. and 9:00 P.M. on Saturdays. Construction activities which can meet the requirements outlined in Section 10.29.02 are exempt from the operating Bloomington limits of this paragraph Section 2025 - Noise Page 1 of 1 Subd. 4. Construction Maintenance and Repair_ Activities. No person shall engage in or permit construction, maintenance and repair activities involving the use of any kind of electric, diesel or gas - powered motor vehicles or machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. (Ord. 2000-03, 02/01/2000) Subd. 5. Exceptions. The following uses and activities are exempt from this Section as specified below: a) Snow removal motor vehicles, equipment and operations are exempt from Section 2025.05, Subd. 2, and Section 2025.05, Subd. 4. b) Excavation/grading operations are exempt from Section 2025.05, Subd. 4, but must comply with Section 21185. c) Equipment and vehicles used for maintenance of public or private golf courses, public and private driving ranges, ice skating rinks on public property, and ski trail grooming on public property are exempt from the hourly restrictions of Section 2025.05, Subd. 1, Subd. 2, and Subd. 4. d) Golf carts for use on public or private golf courses are exempt from Section 2025.05, Subd. 1 and Subd. 4. http://oscar.ci.plymouth.mn.us/pls/cop/docs/FOLDER/CITY_GOV/CG CODE/CODE_R... 1/26/2006 PLYMOUTH ZONING ORDINANCE purpose of determining compliance with all applicable conditions imposed on the n) Ma labels, map and list (current within six months) from Hennepin County of all property o s located within five hundred (500) feet. o) Other informaN_as may be specified by the Zoning Administrator. Amended by Ord. No. 2001-06, 21185.03. TECHNICAL REPORTS: receipt of a completed interim use permit application, as determined by preliminary staff rev. the Zoning Administrator shall forward a copy thereof to the City Engineer and the City Buildi fficial. Where protected watersheds, floodplains, and/or protected wetlands are in question, innesota Department of Natural Resources and Army Corps of Engineers shall also be contac These technical advisors shall be requested to prepare reports, as applicable, for the City Counc d/or Zoning Administrator. Amended by Ord. No. 2001-06, 02113101) 21185.04. ISSUANCE OF INTERIM USE PERMIT: Upon receiving intion and reports from the City staff and other applicable agencies, the City Council shall e its determination as to whether, and when, and under what conditions such permit is to be iss to the applicant. (Amended by Ord. No. 2001-06, 02113101) 21185.05. CONDITIONS OF INTERIM USE PERMIT: Subd.1. Landfill Operations. a) Under no circumstances shall any landfill operation be conducted or permitted if the contents of the landfill or any part thereof consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material deemed to be unsuitable by the City. b) Unless expressly extended by the permit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. Subd. 2. Land Excavation/Grading Operations. a) The City, as a prerequisite to the granting of an interim use permit, or after such permit has been granted, may require the applicant to whom such permit is issued, or the owner or user of the property on which the excavation/grading is located to: 1) Properly fence the excavation. 21185-3 Engineering Guidelines right-of-way shall be cleared and grubbed for the placement of utilities. only exception will be any hardwood trees or others that the City Forester a es to remain standing. M. Pursuant to the Right -of -IW ' ance (City Code Section 800 Subd. 5.A.), a permit is required to wort public right-of-way. Contact Plymouth's Engineering Division to apply for mit or for any question at (763) 509-5500. New construction for sewer, orm sewer and street work would be exempt in most situations. Small uti i tallation, irrigation installation, landscaping, etc. are required to obtain a perm . n. Work shall not commence before 7:00 a.m. nor extend beyond sundown Monday through Friday. On Saturdays, the hours will be from 8:00 a.m. to 6:00 p.m. No work is to be done on Sundays. ffic control) shall conform to the latest version of the Minnesota Manual on rm Traffic Control Devices (MMUTCD) and the Field Manual for Tempor affic Control Layouts. P. Pursuant to the SOR4jWon Regulations, streetlights shall be installed at all intersections and at of ations, as required by the City Engineer. Streetlights shall be installed b Energy or Wright — Hennepin Electric, and shall include maintenance of th etlights, including replacement of the pole and system. q. All seeding and sodding shall be performed in con ce with MnDOT Specifications. All disturbed areas must be covered by a m of 4" of topsoil, free of unsuitable materials, prior to turf establishment p nt to the Subdivision Regulations. Slopes steeper than 3:1 shall be stab with wood fiber blanket in accordance with MnDOT 2575.3K2. 27- Agenda Number: TO: Mayor and City Council FROM: Laurie Ahrens, City Manager SUBJECT: Amend 2006 Regular City Council Meeting Schedule DATE: January 11, 2006, for City Council meeting of January 17, 2006 1. ACTION REQUESTED: Adopt the attached Resolution Amending Resolution No. 2005- 466 Establishing the 2006 Regular City Council Meetings and Board of Equalization Meetings. 2. BACKGROUND: On December 13, 2005, the City Council adopted the 2006 Regular Council Meeting Schedule, which included the Board of Equalization dates of April 4 and April 18. Staff has been advised that a number of Councilmembers are unable to attend the April 4 meeting due to School District 284's spring break. By law, the Board of Equalization meetings must be conducted in April. Staff has identified two options. The first option would be to conduct the meetings on Monday, April 10, and on Monday, April 24, beginning at 7:00 p.m. If these Mondays wouldn't work, the second option would be to conduct the meetings beginning at 6:00 p.m. on Tuesday, April 11, and Tuesday, April 25, which are on the same evenings as Regular Council meetings. The Regular Meetings would begin immediately following the Board of Equalization meetings. 3. RECOMMENDATION: Adopt the attached Resolution amending the 2006 Regular Council Meeting Schedule. CITY OF PLYMOUTH RESOLUTION 2006 - AMENDING RESOLUTION NO. 2005-466 ESTABLISHING 2006 REGULAR COUNCIL MEETING AND BOARD OF EQUALIZATION MEETING DATES WHEREAS, on December 13, 2005, the City Council adopted a Resolution Establishing the 2006 City Council Regular Meeting Dates and the Board of Equalization Meeting dates, and; WHEREAS, the Board of Equalization Meetings were scheduled for April 4 and April 18, and; WHEREAS, a number of Councilmembers are unable to attend the Board of Equalization Meeting on April 4, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, that Resolution No. 2005-466 is amended by changing the Board of Equalization Meetings to and Adopted by the City Council on January 17, 2006. Pending Study Session Topics at least 3 Council members have approved the following study items on the list) Public Safety Emergency Plan (Mar.) Other requests for study session topics: Update with City Manager (summer) Discuss Solid Waste Program (spring) Police and Fire staffing studies (mid 2006) Report on staffing needs of City (Willis) Meet with Xcel Energy to discuss reliability issues (Willis) Request meeting with TwinWest PAC (Willis) — invitation provided to TwinWest, waiting for response Discuss image relating to funding and opportunities provided to Plymouth (Stein) Update on Best Practices Program