Adopt Ordinance #15-17 Amending City Code Chapter 105 (Buildings and Building Standards) Related to Allowable Hours of Construction

The purpose of this case is to consider adding language to the City Code section related to allowable hours of construction. The proposed ordinance, as previously reviewed by the Planning Commission and City Council, leaves the overall hours of construction the same, but adds language that clarifies that the City can negotiate lesser hours as needed through the Development Agreement process.

The City of Ramsey has the code as listed below for construction hours within the city. 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 Notice of Public Hearing was published in the City's official newspaper, the Anoka County UnionHerald.

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 Developer of Harvest Estates, for example, negotiated construction hours to stop at 8:00 p.m. instead of the maximum stopping time of 10:00 p.m.

This contrasts with the the construction of Fire Station Number No. 2 which is nearby in the same neighborhood and has a ending construction time of 10:00 p.m. Based on discussion in a previous Planning Commission meeting, the goal of this amendment has been to look at the possibly of introducing wording to negotiate an earlier stopping time for construction and creating exemptions built in for public improvement projects.

The Planning Commission conducted a public hearing on October 15, 2015 and there were no verbal or written comments received regarding the proposed Ordinance amendments. The Planning Commission went on to recommend the City Council adopt Ordinance #15-17 to address the ability to negotiate an earlier ending construction time and introduce exemptions for public improvement projects.

City Council introduced Ordinance #15-17 at their October 27, 2015 meeting and the Ordinance is now eligible for adoption.

Alternatives:
Alternative #1: Adopt Ordinance #15-17 amending City Code Chapter 105 (Buildings and Building Standards) related to allowable hours of construction. These minor changes in the City Code give the flexibility to negotiate an earlier ending construction time if there is an impact to the surroundings. Public perception of the listed hours would also be addressed with this ability as well. The Planning Commission support this option.

Alternative #2: Do not adopt Ordinance #15-17. The code would stay as currently written. Staff and the Planning Commission do not support this option.

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

A public hearing was held with the Planning Commission on October 15, 2015 in which a recommendation for adoption was approved.

Motion to waive the City Charter requirement to read the ordinance aloud and to adopt Ordinance #15-17 Amending City Code Chapter 105 Related to Allowable Hours of Construction.

Roll Call Vote:

Councilmember LeTourneau
Councilmember Shryock
Councilmember Johns
Councilmember Williams
Councilmember Kuzma
Councilmember Riley
Mayor Strommen