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
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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