Loading...
3.11 Building Construction Hours Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht December 13, 2021 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.11 – Construction Hours STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends adoption of an ordinance amending allowed hours for new building construction within the City. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: City staff receives complaints from time-to-time regarding noise from on-going development and construction. This noise takes two forms: use of heavy machinery for mass grading, utility and street construction and construction of buildings. The two activities are regulated separately under the Engineering Manual and City Code. City staff researched allowed construction hours in Twin Cities communities for comparison purposes, a summary of which is attached for reference. This information was presented to the Administrative Subcommittee at their meeting on 13 October 2021. City staff was directed to prepare an ordinance amending the City Code that would limit hours for construction of new buildings to be similar to the allowed hours for development related grading, utilities and street construction so as to minimize noise and disruptions for existing residents. The allowed hours for new building construction are also to be separated from construction related to expansion, alteration, or repair of existing structures so as not to impede work undertaken by residents either themselves or by contractors to their homes, which would likely be more isolated locations and for shorter duration of time. These activities would continue to be limited to hours consistent with MPCA nighttime noise limits incorporated as part of the City Code. No change was directed for the allowed hours for grading or construction of streets and utilities. City staff presented a draft ordinance to amend the allowed building construction hours summarized in the table below to the Administrative Subcommittee at their meeting on 8 November 2021 and the Public Works Subcommittee at their meeting on 17 November 2021. The respective Subcommittees recommend approval of the proposed ordinance amendment. Type Source Existing Proposed Grading/Utilities/Streets Engineering Manual M-F: 7:00AM-7:00PM Sat: 8:00AM-5:00PM Sun: No work No change Building Construction City Code Sec. 9-1-3 M-Sat: 7:00AM-10:00PM Sun: 8:00AM-10:00PM New Buildings: M-F: 7:00AM-7:00PM Sat: 8:00AM-5:00PM Sun: No work Holidays: No work Existing Buildings: M-Sat: 7:00AM-10:00PM Sun: 8:00AM-10:00PM SUPPORTING DOCUMENTS ATTACHED: ▪ Survey of construction hours ▪ Ordinance 2021-26 ▪ Summary of Ordinance 2021-26 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2021-26 amending the City Code related to building construction hours and approve publication in summary form. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 1 ORDINANCE NO.: 2021-26 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE RELATED TO BUILDING CONSTRUCTION HOURS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 9-1-3 of the City Code (General Building Regulations – Days and Hours of Construction) is hereby amended to read as follows: A. The erection (including excavation) and build-out of any new building shall occur only between the following hours: 1. Monday through Friday: Seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. 2. Saturday: Eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. 3. No work allowed on Sundays or official Federal holidays. B. The erection (including excavation), expansion, demolition, alteration, or repair of any existing building shall occur only between the following hours: 1. Monday through Saturday: Seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. 2. Sunday: Eight o'clock (8:00) A.M. to ten o'clock (10:00) P.M. C. The building official may, in cases of emergency, grant permission to repair at any time when he finds that such repair work will not affect the health and safety of the persons in the vicinity. Section 2. This Ordinance shall become effective immediately upon its passage and publication. 2 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of December, 2021. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk 1 SUMMARY OF ORDINANCE NO.: 2021-26 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE RELATED TO BUILDING CONSTRUCTION HOURS. NOTICE IS HEREBY GIVEN that on December 13, 2021, Ordinance 2021-26 was adopted by the City Council of the City of Otsego, Minnesota. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code pertaining to construction hours for new and existing buildings. ADOPTED by the City Council of the City of Otsego this 13th day of December, 2021. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.