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1l Chapter 13 Hourly Restriction on Certain Operations CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.cLchanhassen.mn.us u MEMORANDUM TO: Todd Gerhardt, City Manger Bob Generous, Senior Planner O~ . I(~ FROM: DATE: December 12, 2005 SUBJ: Adoption of Ordinance, Chapter 13, Chanhassen City Code, Section 13-52 Hourly Restriction on Certain Operations ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment. BACKGROUND In April 2004, the City amended Chapter 13, Nuisances, including section 13-52 of the ordinance. As part of the amendment, part of the section was incorrectly deleted. Additionally, a portion had a typographic error changing 9:00 p.m. to 6:00 p.m. SUMMARY Construction hours are overly restrictive and significantly different from previous code. Heavy construction operations are limited through the development contract and site plan agreements to 7:00 a.m. to 6:00 p.m. However, building construction activity is not as noisy or invasive. Staff is proposing that the nuisance ordinance (Chapter 13) be revised for the hours of permitted construction, maintenance and repair activities from 7:00 a.m. to 6:00 p.m. to 7:00 a.m. to 9:00 p.m., and 9:00 a.m. to 9:00 p.m. on Saturday, with limitations for Sundays and holidays, which is consistent with the previous ordinance. RECOMMENDATION Staff recommends that City Council adopt the attached ordinance for Chapter 13 of the Chanhassen City Code, Section 13-52 (c), Hourly restriction on certain operations. ATTACHMENT . 1. Ordinance Amending Chapter 13, Chanhassen City Code, Section 13-52 (c) g:\plan\bg\city code\cc memo section 13-52 (c).doc The City 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO._ AN ORDINANCE AMENDING CHAPTER 13 CHANHASSEN CITY CODE, Section 13-52 HOURLY RESTRICTION ON CERTAIN OPERATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 13-52 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: 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 holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven (7) weekdays. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this lzth day of December, 2005, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\bg\city code\amendment ordinance sec 13-52 (c).doc