90-1113 ��7h.74c.�+A��'
a�IGINAL = � � � ry� �
.� ,t;� ��
Council File # Q� l//�3
,,.. .
+ Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ��,...
Presented By
Referred To Committee: Date
1 WHEREAS, for many years, the Burlington Northern Railroad has maintained a
2 railroad facility known as the BN Hub in an area north of and abutting Pierce Butler
3 Route in the City of Saint Paul, extending from an easterly boundary at approximately
4 Hamline Avenue to a westerly boundary at approximately Prior Avenue; and
5
6 WHEREAS, during the past sixteen years, the Burlington Northem Hub Facility
7 has greatly increased in size and activity, such that in 1974 the facility for freight car
8 cleaning and storage expanded to a facility for loading and unloading trailers on flatcars
9 and in 1986 the facility expanded hours to 24 hours a day, 7 days per week and since
10 then has markedly expanded activity levels; and
11
12 WHEREAS, although the BN Hub Facility is located in an industrial zone, it
13 immediately abuts a residential neighborhood on the south side of the facility, and the
14 only geographical separation between the BN Hub Facility and the residential
15 neighborhood on its south side is Pierce Butler Route, which route is used for
16 Burlington Northern truck traffic throughout the day and night; and
17
18 WHEREAS, the increase in operations and hours at the BN Hub Facility has
19 resulted in increased noise and disruption of the neighborhood, particularly during
20 nighttime hours, such that numerous citizens have complained to the City of Saint Paul
21 and the Minnesota Pollution Control Agency about the noise; and
22
23 WHEREAS, in May 1989, a Ramsey County District Court awarded damages to
24 an individual plaintiff for losses resulting from excessive noise at the Burlington
25 Northem Hub Facility creating a nuisance, and other individual citizens and members of
26 the community also claim loss of enjoyment of their homes, disruption of their sleep and
27 that they will be forced to move from their homes if there is no constructive solution to
28 the problems caused by noise at the BN Hub Facility; and
29
30 WHEREAS, during the course of the above litigation, Burlington Northern
31 agreed to make some changes in its method of operation to reduce specific offensive
32 noises and both Burlington Northern and an organized body of the Hamline Midway
33 Coalition, which respresents neighborhood concerns, have expressed willingness to
34 resume negotiations to address the noise problem with the City of Saint Paul playing a
35 strong participatory role; and
36
37 WHEREAS, under the Minnesota Environmental Rights Act, "quietude" is a
38 natural resource which citizens and governmental entities have a right and obligation to
39 protect; and
40
41 WHEREAS, as a companion to this Resolution, amendments to the Saint Paul
42 Noise Ordinance have been proposed to strengthen that ordinance to the extent now
43 permitted by State law, and additional research is needed at the State level to establish
44 limits for "impulsive" noise, such as the noise at the BN Hub which is laud, but
45 discontinuous; and
1 �� �Q � �.� � ��� A L . � � 90 ,���
2: .
3
4 WHEREAS, the Mayor of the City of Saint Paul has expressed a commitment to
5 work with the Hamline Midway community to resolve the problem of excessive noise at
6 the BN Hub Facility so that failure to address this problem does not undermine property
7 values and result in weakening of a residential neighborhood beyond repair;
8
9 THEREFORE, BE IT RESOLVED, that the City Council requests th�c-Eitp
10 City administration staff in cooperation and consultation with
11 neighborhood representatives, to take action to reduce the impact of the Burlington
12 Northem Hub Facility on the Midway area, including but not limited to negotiation;
13
14 . Specific changes for which the City should negotiate should
15 be determined in cooperation with neighborhood representatives and should include, but
16 not be limited to the following:
17
18 1. Reducing or eliminating night-time operations at the Hub.
19 2. Relocating the noisiest parts of operations farther away from homes.
20 3. Creating barriers to noise such as building enclosures or other sound
21 barriers.
22 4. Reducing the volume of activity at the Hub.
23 5. Rerouting of traffic generated by Burlington Northern away from Pierce
24 Butler Route.
25 6. Conducting air quality testing; and
26
27 BE IT FURTHER RESOLVED, that in the case that said negotiation terminates
28 unsuccessfull,y, the City Attorne�, after taking into account the concerns of the
29 neighborhood representatives. shall be authorized to conduct Minnesota Environmental
30 Rights Act liti ation an �or other civil liti�ation and f or criminal �rosecution, to the
31 degree that such litigation and prosecution are su�ported by the evidence. to reduce the
32 environmental impact of the Hub facilit,y on the City and the Community. and
33
34 BE IT FURTHER RESOLVED, that the City Council requests the Mayor to
35 take the following actions:
36
37 1. Review financial feasibility of assisting Burlington Northern in relocating
38 all or parts of operations of the BN Hub and of the financial feasibility of
39 creating incentives for Burlington Northern to mitigate noise.
40
41 2. Designate an interdepartmental working group (including representation
42 from Public Works, Public Health, Planning and Economic Development,
43 City Attorney, Mayor's Office) and a coordinator of this working group to
44 address problems related to the BN Hub.
45
46 3. Work with state Department of Natural Resources and Pollution Control
47 Agency to make sure the pond located at the BN Hub is dealt with as
48 protected wetland area and to assure that an Environmental Impact
49 Statement is required before any additional expansion occurs at the BN
50 Hub; and
51
� Q , . �d- ��� 3
1 �.J� � lJ � Y'� L ' .
2 + BE IT FURTHER RESOLVED, that the Saint Paul City Council urges the
3 Minnesota Pollution Control Agency to develop stanaards to regulate impulsive noise
4 and urges the Minnesota Legislature to enact such legislation as is needed to enforce
5 limits on impulsive noise.
Yeas Navs � Requested by Department of:
Dimon ��
Goswitz
Lon �Macca ee
Rettman �
T une [/
z son �— BY�
Adopted by Council: Date AUG 2 3 1990 Form Approved by City Attorney
Adoption Certified by Council Secretary gy: ���' � �\J� g �S'�O
By: �� �/
Approved by Mayor for Submission to
Approved b ayor: Da� AUG 2 � 1990 Council
?%��i�6�'/'�� By:
By:
pUBIISH�I S E P - 11990
- . . � ' : ' � ' �=y0'///3
EPARTMENT/OFFICE/COUNCIL DATE INITIATED
c�ty coun��� " GREEN SHEET N° ,10414
CONTACT PERSON&PHONE INITIAL/DATE INITIAUDATE
�DEPARTMENT DIRECTOR �CITY COUNCIL
Councilmember Maccabee x5378 ASSIGN �CITYATTORNEY �CITYCIERK
MUST BE ON COUNCIL ACiENDA BY(DATE) NUIYIBER fOR �BUDQET DIRECTOR �FIN.&MQT.SERVICES DIR.
ROUTING
ORDER �MAYOR(OR ASSISTANn �
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of resolution to authorize City Attorney and City Administration to negotiate and,
if necessary, litigate against Burlington Northern to acheive mitigation of the noise
problem caused by activities at the BN Hub site, and to ensure an Environmental Impact
RECOMMEN TIONS:Approve(A)or ReJect(R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONB:
_PLANNING COMMI3310N _ CIVIL 3ERVICE COMMISSION �• Has this person/firm ever wo�ked under a contract for this depertment?
_CIB COMMITTEE _ YES NO
2. Has this person/firm ever been a city employee?
_STAFF — YES NO
_DI37RICT COUR7 _ 3. Does this person/firm possess a skill not normalty possessed by any current City employee?
SUPPORTS WHICH COUNCIL OB.IECTIVE? YES NO
Explain all yes answers on separate sheet and attach to graen shest
INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,When.Where,VYhy):
Burlington Norhtern expanded the nature of activities at the BN hub site in 1974 to include
loading and unloading trailers on flatcars, and expanded hours in 1986 to 24 hours a day,
7 days a week. This caused a significant increase in noise and disruption to the nearby
residents, particularly at night. In May, 1989, Ramsey County District Court awarded
dama.ges to a resident for losses sustained as a result of the noise. Both Burlington
Northrn and the nearby residents have expressed a willingness to negotiate on the issues
of noise and environmental impacts of the BN Hub site.
ADVANTAGES IF APPROVED:
Attempts will be begun to resolve the ongoing conflict between Burlington Northern and the
nearby residents, to mitigate the noise and environmental damage caused by activities at
the BN Hub site, and return quietude to the residential area.
DISADVANTAfiES IF APPROVED:
None. �c�`'�-
���1�
Ci�� ��ER�C
DISADVANTAGES IF NOT APPROVED:
Noise and environmental damage will continue in the area of the BN Hub site, disruption of
the residential neighborhood will go unmitigated, and the environmental impact of
current and future activities at the BN Hub site will remain unknown.
�u�.�.,�,� ►��:.��arch Cente .
J ll=� 2 5 �IyyU
TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDIN(i SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) d rJ
. . �
' L
NOTE` COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3. City Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. MayodAssistant
5. Human Rights(for contracts over$50,000) 5. Ciry Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. Ciry Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. Ciry Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
indicate the#of pages on which signatures are required and paperclip or fiag
each of these pages.
ACTION REQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CUNTRACTS:
This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEWI, ISSUE,OPPORTUNITY
Explain the situation or conditions'that created a need for your project
or request.
ADVANTAGES IF APPROVED
indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When? For how long?
DISADVANTAGES IF NOT APPROVED '
What will be the negative consequences if the promised action is not
approved?Inabiliry to deliver service?Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
� � d��C�� -��,c3
. Members:
� r`+ Dave Thune,
i GITY OF SAINT PAUL
Y so�i�"o Chair
t0A4 °' � • OFFICE OF THE CITY COUNCIL Janice Rettman,
:
- ;,
Vice-Chair
� ������ Roger Goswitz
DAVE THUNE Date: August 15, 1990
Couac�lmember �+
RC�G�V��
COMMITTEE REPORT ��G1���O
CITY ClERK
TO: SAINT PAUL CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES COMMITTEE
1. APPROVAL OF MINUTES OF JULY 12, 1990 MEETING.
APPROVED
2. ORDINANCE ��90-1299 - AN ORDINANCE AMENDING CHAPTER 275 OF THE LEGISLATIVE CODE
BY ADDING A NEW SECTION 275.011 PERTAINING TO PUBLIC DISPLAY TO MINORS AT
NEWSSTANDS.
LAID OVER TO SEPTEMBER 5, 1990
3. ORDINANCE ��90-1300 - AN ORDINANCE AMENDING CHAPTER 331 OF THE LEGISLATIVE CODE
TO CLARIFY VIOLATION OF GHAPTER 275 SHALL BE GROUNDS FOR ADVERSE ACTION.
LAID OVE
. RESOLUTION ��90-1113 - AUTHORIZING CITY ATTORNEY AND CITY ADMINISTRATION TO
NEGOTIATE AND IF NECESSARY LITIGATE AGAINST BURLINGTON NORTHERN TO ACHIEVE
MITIGATION OF THE NOISE PROBLEM CAUSED BY ACTIVITIES AT THE BURLINGTON
NORTHERN HUB SITE NORTH OF PIERCE BUTLER ROUTE BETWEEN HAMLINE AND PRIOR AND
TO ENSURE AN ENVIRONMENTAL IMPACT STUDY BEFORE THE FACILITY EXPANDS FURTHER.
RECOI+Il�IENDED APPROVAL OF SUBSTITUTE RESOLUTION
5. ORDINANCE ��90-1114 - AN ORDINANCE AMENDING SECTION 231.02 OF THE LEGISLATIVE
CODE TO ADD A PROVISION FOR MANDATORY MINIMUM FEES FOR PERMITTING A PUBLIC
NUISANCE.
LAID OVER TO SEPTEMBER 5, 1990
6. ORDINANCE ��90-1115 - AN ORDINANCE AMENDING CHAPTER 293 OF THE LEGISLATIVE CODE
PERTAINING TO CRITERIA OF MEASURING NOISE AND SOUND.
RECOI+IlriENDED APPROVAL OF SUBSTITUTE ORDINANCE
CTTY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102 612/298-5679
S a�46
Prinied on Recycled Paper
.D f�i G� N�A L ' Council File ,� �Q -[//3
Green Sheet #
RESOLUTION ,% �
CITY OF SAINT PAUL, MINNESOTA �, �
Presented
�ferred To ,.� r �G�C�� Committee: Date ��—��
1 WHERE for many years, the Burlington Northem R ' oad has maintained a
2 railroad facility kno as the BN Hub in an area north of and butting Pierce Butler
3 Route in the City of ' t Paul, elrtending from an easterly b dary at approximately
4 Hamline Avenue to a w terly boundary at approximately P or Avenue; and
5
6 WHEREAS, during past sixteen years, the Bur ' gton Northern Hub Facility
7 has greatly increased in size activity,;5uch that in 197 the facility for freight car
8 cleaning and storage expanded t a faci�ity for loading d unloading trailers on flatcars
9 and in 1986 the facility expanded ur$''to 24 hours a y, 7 days per week and since
10 then has markedly expanded activi �vels; and
11
12 WHEREAS, although the BN;' b Facility is ocated in an industrial zone, it
13 immediately abuts a residential neigyhbor ood on th south side of the facility, and the
14 only geographical separation betwetn the N Hub acility and the residential
15 neighborhood on its south side is Pierce B er R te, which route is used for
16 Burlington Northern truck traffic throughout e ay and night; and
17
18 WHEREAS, the increase in operations d hours at the BN Hub Facility has
19 resulted in increased noise and disruption of e eighborhood, particularly during
20 nighttime hours, such that numeTOUS citizens av complained to the City of Saint Paul
21 and the Minnesota Pollution Control Agen abou the noise; and
22
23 WHEREAS, in May 1989, a R y County istrict Court awarded damages to
24 an individual plaintiff for losses resultin from excessi e noise at the Burlington
25 Northem Hub Facility creating a nuis ce, and other ' dividual citizens and members of
26 the community also claim loss of enj ent of their ho es, disruption of their sleep and
27 that they will be forced to move fro their homes if the e is no constructive solution to
28 the problems caused by noise at t BN Hub Facility; an
29
30 WHEREAS, during the urse of the above litigatio Burlington Northern
31 agreed to make some changes ' its method of operation to educe specific offensive
32 noises and both Burlington N ern and an organized body f the Hamline Midway
33 Coalition, which respresents eighborhood concerns, have e� ssed willingness to
34 resume negotiations to addr ss the noise problem with the City of Saint Paul playing a
35 strong participatory role; d
36
37 WHEREAS, under the Minnesota Environmental Rights Act, "quietude" is a
38 natural resource which citizens and governmental entities have a right and obligation to
39 protect; and
�
�R i � I.�N A L � � � � �: �a ,<<3
2 �
3
4 WHEREAS, as a companion to this Resolution, amendments to the Saint Paul
5 Noise Ordinance have been proposed to strengthen that ordina.nce to the extent now
6 permitted by State law, and additional research is needed at the State level to establish
7 limits for "impulsive" noise, such as the noise at the BN Hub which is loud, but
8 discontinuous; and
9
10 WHE , e Mayor of the City of Saint Paul has expressed a commitment to
11 work with the H Midway community to resolve the problem of excessive noise at
12 the BN Hub Facility so t failure to address this problem does�not undermine property
13 values and result in weak ' of a residential neighborhood b ond repair;
14
15 THEREFORE, BE OLVED that the City Co cil requests the City
16 Attomey and other City ' tration staff in cooperation d consultation with
17 neighborhood representatives, to e action to reduce the ' pact of the Burlington
18 Northern Hub Facility on the Mi ay area, including but t limited to negotiation,
19 and/or Minnesota Environmental ' ts Act litigation or ' 'na1 prosecution, if such
20 additional action is needed. Specific anges for which the City should negotiate should
21 be determined in cooperation with nei borhood represe tives and should include, but
22 not be limited to the following:
23
24 1. Reducing or eliminating nigh time operatio at the Hub.
25 2. Relocating the noisiest parts o operations f her away from homes.
26 3. Creating barriers to noise such building e closures or other sound
27 barriers.
28 4. Reducing the volume of activity a the Hub.
29 5. Rerouting of traffic generated by B lington Northern away from Pierce
30 Butler Route.
31 6. Conducting air quality testing; and
32
33 BE IT FURTHER RESOLVED that the City uncil requests the Mayor to take
34 the following actions:
35
36 1. Review financial feasibility of assisting Bur gton Northern in relocating
37 all or parts of operations of the BN Hub an of the financial feasibility of
38 creating incentives for Burlington Northem t mitigate noise.
39
40 2. Designate an interdepartmental working group 'ncluding representation
41 from Public Works, Public Health, Planning and onomic Development,
42 City Attorney, Mayor's Office) and a coordinator f this working group to
43 address problems related to the BN Hub.
44
45 3. Work with state Department of Natural Resources d Pollution Control
46 Agency to make sure the pond located at the BN Hub is dealt with as
47 protected wetland area and to assure that an Environmental Impact
48 Statement is required before any additional e�ansion occurs at the BN
49 Hub; and
i f , . • ' ' �
1��0 R I G 1-I�A L ���-r��3
2 �
3
4 BE IT FUR RESOLVED that the Saint Paul City Council urges the
5 Minnesota Pollution trol Agency to develop standazds to regulate impulsive noise
6 and urges the Minnesota gislaxure to enact such legislation as is needed to enforce
7 limits on impulsive noise.
Yeas Nays Absent Requeated by Department of:
imon
oZ
on
acca ee
e man
une B :
i son y
Adopted by Council: Date Form Approved by City Attorney
Adoption Certified by Council Secretary gy;
BY� Approved by Mayor for Submission to
Council
Approved by Mayor: Dat�
By:
By:
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