Discuss Initial Policy Direction Regarding a Potential Amendment to City Code Section 105-1 Entitled Hours of Construction

The purpose of this case is to commence a discussion topic as requested by the City Council during the most recent approval of a single-family subdivision. At that time, concern was raised about the hours listed in City Code of when construction activities shall terminate for the day.

The intent of this case is to review how peer communities address the issue and seek general policy direction from the City Council in order to aide in developing a potential amendment to City Code.
 

Notification is not required at this time. If a formal Ordinance is brought forward, a Public Hearing will be held.

Ramsey City Code Section 105-1 lists the acceptable hours of construction for projects requiring a Building Permit per the Minnesota State Building Code. The reason for this possible amendment to the Code is due to the number of concerns that have been raised to City Council regarding the time limits and to address some of the public perception of the listed hours. The question was most recently raised during the review of a Major Subdivision. Residents have had concerns with the hours listed as the maximum allowance, not necessarily being the standard hours of construction that most contractors choose to use.

The goal of this amendment is to look at the possibly of introducing an earlier stopping time for construction with exemptions built in for public improvement projects, private homeowner construction, and extenuating circumstances which would involve City Administrator approval or City Council approval.

It is noted, however, that it is rare that the complaints the City actually receive are that of evening work hours. Almost exclusively, the complaints are in regards to early start hours in the morning. Also included in this document for examples are the hours of construction and stipulations of neighboring communities as a basis for discussion. It is worth noting that the majority of the surrounding communities have similar hours in effect as the City of Ramsey with some starting at 6:00 a.m. 

The City most recently negotiated a limits of construction hours from 7:00 a.m. to 8:00 p.m. with the Developer of Harvest Estates. The City has received three (3) complaints of work occurring after 8:00 p.m., but before 10:00 p.m. Staff believes that the City has now resolved this complaint, and that said hours of construction have now been communicated to all contractors and sub-contractors on the project.  

A copy of the applicable section of City Code is attached for the Council's review.

Alternatives

Alternative #1 - Direct Staff to develop an ordinance based on the Planning Commission Recommendation to leave limits on hours of construction to 7:00 a.m. to 10:00 p.m., except that the City may require 7:00 a.m. to 9:00 p.m. through a Development Agreement as part of the initial subdivision review. This puts the burden on the City to negotiate reduced construction hours.

Alternative #2 - Direct Staff to develop an ordinance that limits hours of construction to 7:00 a.m. to 8:00 p.m., except that the City may allow an extension to 10:00 p.m. if requested by the Developer and there is not significant public objection. This puts the burden on the Developer to negotiate extended construction hours. This would shift the burden from the City to the Developer when compared to Alternative #1.

Alternative #3 - Direct Staff to not make any changes to existing City Code.

This case is being handled as part of normal Staff duties.

The Planning Commission reviewed the policy topic at their August 6, 2015 Regular Meeting. The Planning Commission recommends that the limits on hours of construction remain from 7:00 a.m. to 10:00 p.m., based on review of similar communities' policies, but that the City be allowed to restrict hours from 7:00 a.m. to 9:00 p.m. through a Development Agreement for new developments.

This is the City Council's opportunity to provide broad policy direction and allow Staff to develop a detailed Ordinance based on the policy directive.

Motion to direct Staff to prepare an Ordinance to amend the limits on hours of construction based on Alternative #__ above.