01-560MRY-21—z001 11�48 S7 PAUL CITY RTTORNEY 551 298 5619 P.02iO3
� � ORIGi�lAL
Presented By
Refeaed To
2
3
4
9
10
il
12
13
14
15
16
17
18
19
ao
21
22
23
24
25
26
27
28
29
30
31
32
Council File �E O � � $��,
Crreen Sheet # � b'3 $ q
3�
Committee: Date
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the
subject of noise in the City of Saint Paul; and
�'VHEREA.S, § 293.11 provides for the granting of variances from the sound levei
limitations contained in § 293.09, upan a finding by the City Council that full compliance with
Chapter 293 would consritute an unreasonable hardship on an applicant, other persons or on the
community; and
WHEREAS, McGough Construction, represented by Rick Steinberger, 5uperintendent,
who has been designated as the responsible person on the application, has applied for a variance
to allow concrete pouring as part of road construction work at 236 SmiUi Avenue, betwsen 7une
18, 2D01 and August 31, 2001. ApproximaYe dates, weather permitting, are on 7une 20, 2001,
July 5, 2001, July 17, 2001, 3u1y 31, 2001, and August 13, 2001; and
WfiE12EA5, applicant is seeking a variance for the hours of 3:00 a.m. to 3:30 p.m. on
tfie dates listed; and
WHEREAS, if applicant is not ganted a variance it will be unabie to complete the
necessazy construction work; and
WHEItEAS, the Office of License, Inspections, and Environmental Protectian has
reviewed the application and makes no recommendations regarding condi�ions for the variance
but believes the variance will benefit the azea by eliminating traffic congestion through
conshuction, now therefore, be it
RESOLVED, ttiat the CounciI of the City of Saint Paul hereby gr�mts a variance for the
above-mentioned dates to McGough Construction,
FURT73ER RESOLVED, that any violation of the sound ordinarlce that is not covered
by said variance may result in revocation of the grant of a variance, in addition to any criminal
citation which might issue.
RESOLUTION
CITY OF SAINT PAUL,IVIINNESOTA
MRY-21-2001 11�48 ST PAUL CITY ATTORh1EY 651 298 5619 P.03/03
sy:
APPr
sy:
GRIGiNAL
Requeated by aepasem,.Mt[ of: �� �5��
� ���
ar- �++,.l�.o-., � s'Gcw`f.C� �
Form Apprwed b�J CiC[
Hy:
Appro�ed by�9ayor for
Lo Council
By:
TOTRL P.03
A3opted by Ccuacil: Date �,-��p pl
Adopcion Ccrtified Ay Couaci seczetasy
- --- - - - --
oFFZCS oF Lz$p - Date: o57zz�zoo� GREEN SHEET
N 10 3 8 2 9 ° � -SG°
ark R. ICaisersatt 266-9147 1 BP�'�T axnscrox zxr mvxczr,
,,� 'Z ITY ATTORNEY M� ifl ITY Cr.cau
� 1lij T�
ust be on Councll Agenda by: '°'°° ��' Dlxecrox TN. 6 MGT. SVC. DTR.
�
6/6J2001 3 YOR (OR ASSISTANT) y^p
OTAI, # OR SIGNATiiRS P SS 1 (CLIP AL �� �'FOR SIGNATURE)
CTI013 REQUESTED: ��ra� �i +$ ��'�`
esolution granting McGough Construction a sound level variance from the sound
level limitations contained in Chapter 293.09.
ECOMMENDATIONS: APPROVE (A) OR RSJECT (R) BRSONAL 58AVICE COliTAAClS MtJST AliS978R T88 FOLLOKING:
PLANNING COMMISSION CZVZL SERVICE CONPtISSION 1, Has the person/firm ever worked undez a con[ract fo¢ thls department?
CIB COMNfITTEE HUSINESS REVIEW COUNCIL YES NO
STAFF _ Has Chis person/firm ever been a City employee?
DISTRTCT COURT YES NO
3. Does this person(firm possess a skill not noxmally possessed by any
UPPO&TS WHICH C�UNCIL �HSECTIVE? Cunient CiGy employee?
YES NO
laia all Y83 aasmers oa a sepasate sheet aad attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
cGough Construction has requested a sound level variance at 236 Smith Avenue
orth to allow excessive construction noise being caused by concrete trucks
and concrete pumps. A variance is requested for several dates, from 3:00 a.m.
through regular working hours, (until approximately 3:30 p.m.), beginning on
June 18, 2001 and ending approximately on August 31, 2001. Tentative dates
listed are June 20, July 5, 17 & 31, and August 13, 2001.
VANTAGES IF APPROVED:
ill place conditions that will limit the sound impact on surrounding
residential and commercial areas.
ISADVANTAGES IF APPROVED:
Persons living or working near 236 Smith Avenue North will be able to hear the
sounds from the concrete trucks and concrete pumps.
ISADVANTAGES IF NOT APPROVED:
The sound level impact on surrounding residential and commercial areas could
e greater with no conditions.
pplicant may not be able to complete construction without the concrete trucks
and concrete pumps exceeding the sound level limitations contained in 293.09.
TOTAL AMOUNT OF TRANSACTION S 1.QQ0 COST/REVENUE BUDGETED YES O
FUNDING SOURCE 320-33350 ACTIVITY NUMBER 0141
FINANCIAL INFORMATION: (EXPLAIN)
For Staff Monitoring Overtime.
�
MRY-21—z001 11�48 S7 PAUL CITY RTTORNEY 551 298 5619 P.02iO3
� � ORIGi�lAL
Presented By
Refeaed To
2
3
4
9
10
il
12
13
14
15
16
17
18
19
ao
21
22
23
24
25
26
27
28
29
30
31
32
Council File �E O � � $��,
Crreen Sheet # � b'3 $ q
3�
Committee: Date
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the
subject of noise in the City of Saint Paul; and
�'VHEREA.S, § 293.11 provides for the granting of variances from the sound levei
limitations contained in § 293.09, upan a finding by the City Council that full compliance with
Chapter 293 would consritute an unreasonable hardship on an applicant, other persons or on the
community; and
WHEREAS, McGough Construction, represented by Rick Steinberger, 5uperintendent,
who has been designated as the responsible person on the application, has applied for a variance
to allow concrete pouring as part of road construction work at 236 SmiUi Avenue, betwsen 7une
18, 2D01 and August 31, 2001. ApproximaYe dates, weather permitting, are on 7une 20, 2001,
July 5, 2001, July 17, 2001, 3u1y 31, 2001, and August 13, 2001; and
WfiE12EA5, applicant is seeking a variance for the hours of 3:00 a.m. to 3:30 p.m. on
tfie dates listed; and
WHEREAS, if applicant is not ganted a variance it will be unabie to complete the
necessazy construction work; and
WHEItEAS, the Office of License, Inspections, and Environmental Protectian has
reviewed the application and makes no recommendations regarding condi�ions for the variance
but believes the variance will benefit the azea by eliminating traffic congestion through
conshuction, now therefore, be it
RESOLVED, ttiat the CounciI of the City of Saint Paul hereby gr�mts a variance for the
above-mentioned dates to McGough Construction,
FURT73ER RESOLVED, that any violation of the sound ordinarlce that is not covered
by said variance may result in revocation of the grant of a variance, in addition to any criminal
citation which might issue.
RESOLUTION
CITY OF SAINT PAUL,IVIINNESOTA
MRY-21-2001 11�48 ST PAUL CITY ATTORh1EY 651 298 5619 P.03/03
sy:
APPr
sy:
GRIGiNAL
Requeated by aepasem,.Mt[ of: �� �5��
� ���
ar- �++,.l�.o-., � s'Gcw`f.C� �
Form Apprwed b�J CiC[
Hy:
Appro�ed by�9ayor for
Lo Council
By:
TOTRL P.03
A3opted by Ccuacil: Date �,-��p pl
Adopcion Ccrtified Ay Couaci seczetasy
- --- - - - --
oFFZCS oF Lz$p - Date: o57zz�zoo� GREEN SHEET
N 10 3 8 2 9 ° � -SG°
ark R. ICaisersatt 266-9147 1 BP�'�T axnscrox zxr mvxczr,
,,� 'Z ITY ATTORNEY M� ifl ITY Cr.cau
� 1lij T�
ust be on Councll Agenda by: '°'°° ��' Dlxecrox TN. 6 MGT. SVC. DTR.
�
6/6J2001 3 YOR (OR ASSISTANT) y^p
OTAI, # OR SIGNATiiRS P SS 1 (CLIP AL �� �'FOR SIGNATURE)
CTI013 REQUESTED: ��ra� �i +$ ��'�`
esolution granting McGough Construction a sound level variance from the sound
level limitations contained in Chapter 293.09.
ECOMMENDATIONS: APPROVE (A) OR RSJECT (R) BRSONAL 58AVICE COliTAAClS MtJST AliS978R T88 FOLLOKING:
PLANNING COMMISSION CZVZL SERVICE CONPtISSION 1, Has the person/firm ever worked undez a con[ract fo¢ thls department?
CIB COMNfITTEE HUSINESS REVIEW COUNCIL YES NO
STAFF _ Has Chis person/firm ever been a City employee?
DISTRTCT COURT YES NO
3. Does this person(firm possess a skill not noxmally possessed by any
UPPO&TS WHICH C�UNCIL �HSECTIVE? Cunient CiGy employee?
YES NO
laia all Y83 aasmers oa a sepasate sheet aad attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
cGough Construction has requested a sound level variance at 236 Smith Avenue
orth to allow excessive construction noise being caused by concrete trucks
and concrete pumps. A variance is requested for several dates, from 3:00 a.m.
through regular working hours, (until approximately 3:30 p.m.), beginning on
June 18, 2001 and ending approximately on August 31, 2001. Tentative dates
listed are June 20, July 5, 17 & 31, and August 13, 2001.
VANTAGES IF APPROVED:
ill place conditions that will limit the sound impact on surrounding
residential and commercial areas.
ISADVANTAGES IF APPROVED:
Persons living or working near 236 Smith Avenue North will be able to hear the
sounds from the concrete trucks and concrete pumps.
ISADVANTAGES IF NOT APPROVED:
The sound level impact on surrounding residential and commercial areas could
e greater with no conditions.
pplicant may not be able to complete construction without the concrete trucks
and concrete pumps exceeding the sound level limitations contained in 293.09.
TOTAL AMOUNT OF TRANSACTION S 1.QQ0 COST/REVENUE BUDGETED YES O
FUNDING SOURCE 320-33350 ACTIVITY NUMBER 0141
FINANCIAL INFORMATION: (EXPLAIN)
For Staff Monitoring Overtime.
�
MRY-21—z001 11�48 S7 PAUL CITY RTTORNEY 551 298 5619 P.02iO3
� � ORIGi�lAL
Presented By
Refeaed To
2
3
4
9
10
il
12
13
14
15
16
17
18
19
ao
21
22
23
24
25
26
27
28
29
30
31
32
Council File �E O � � $��,
Crreen Sheet # � b'3 $ q
3�
Committee: Date
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the
subject of noise in the City of Saint Paul; and
�'VHEREA.S, § 293.11 provides for the granting of variances from the sound levei
limitations contained in § 293.09, upan a finding by the City Council that full compliance with
Chapter 293 would consritute an unreasonable hardship on an applicant, other persons or on the
community; and
WHEREAS, McGough Construction, represented by Rick Steinberger, 5uperintendent,
who has been designated as the responsible person on the application, has applied for a variance
to allow concrete pouring as part of road construction work at 236 SmiUi Avenue, betwsen 7une
18, 2D01 and August 31, 2001. ApproximaYe dates, weather permitting, are on 7une 20, 2001,
July 5, 2001, July 17, 2001, 3u1y 31, 2001, and August 13, 2001; and
WfiE12EA5, applicant is seeking a variance for the hours of 3:00 a.m. to 3:30 p.m. on
tfie dates listed; and
WHEREAS, if applicant is not ganted a variance it will be unabie to complete the
necessazy construction work; and
WHEItEAS, the Office of License, Inspections, and Environmental Protectian has
reviewed the application and makes no recommendations regarding condi�ions for the variance
but believes the variance will benefit the azea by eliminating traffic congestion through
conshuction, now therefore, be it
RESOLVED, ttiat the CounciI of the City of Saint Paul hereby gr�mts a variance for the
above-mentioned dates to McGough Construction,
FURT73ER RESOLVED, that any violation of the sound ordinarlce that is not covered
by said variance may result in revocation of the grant of a variance, in addition to any criminal
citation which might issue.
RESOLUTION
CITY OF SAINT PAUL,IVIINNESOTA
MRY-21-2001 11�48 ST PAUL CITY ATTORh1EY 651 298 5619 P.03/03
sy:
APPr
sy:
GRIGiNAL
Requeated by aepasem,.Mt[ of: �� �5��
� ���
ar- �++,.l�.o-., � s'Gcw`f.C� �
Form Apprwed b�J CiC[
Hy:
Appro�ed by�9ayor for
Lo Council
By:
TOTRL P.03
A3opted by Ccuacil: Date �,-��p pl
Adopcion Ccrtified Ay Couaci seczetasy
- --- - - - --
oFFZCS oF Lz$p - Date: o57zz�zoo� GREEN SHEET
N 10 3 8 2 9 ° � -SG°
ark R. ICaisersatt 266-9147 1 BP�'�T axnscrox zxr mvxczr,
,,� 'Z ITY ATTORNEY M� ifl ITY Cr.cau
� 1lij T�
ust be on Councll Agenda by: '°'°° ��' Dlxecrox TN. 6 MGT. SVC. DTR.
�
6/6J2001 3 YOR (OR ASSISTANT) y^p
OTAI, # OR SIGNATiiRS P SS 1 (CLIP AL �� �'FOR SIGNATURE)
CTI013 REQUESTED: ��ra� �i +$ ��'�`
esolution granting McGough Construction a sound level variance from the sound
level limitations contained in Chapter 293.09.
ECOMMENDATIONS: APPROVE (A) OR RSJECT (R) BRSONAL 58AVICE COliTAAClS MtJST AliS978R T88 FOLLOKING:
PLANNING COMMISSION CZVZL SERVICE CONPtISSION 1, Has the person/firm ever worked undez a con[ract fo¢ thls department?
CIB COMNfITTEE HUSINESS REVIEW COUNCIL YES NO
STAFF _ Has Chis person/firm ever been a City employee?
DISTRTCT COURT YES NO
3. Does this person(firm possess a skill not noxmally possessed by any
UPPO&TS WHICH C�UNCIL �HSECTIVE? Cunient CiGy employee?
YES NO
laia all Y83 aasmers oa a sepasate sheet aad attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
cGough Construction has requested a sound level variance at 236 Smith Avenue
orth to allow excessive construction noise being caused by concrete trucks
and concrete pumps. A variance is requested for several dates, from 3:00 a.m.
through regular working hours, (until approximately 3:30 p.m.), beginning on
June 18, 2001 and ending approximately on August 31, 2001. Tentative dates
listed are June 20, July 5, 17 & 31, and August 13, 2001.
VANTAGES IF APPROVED:
ill place conditions that will limit the sound impact on surrounding
residential and commercial areas.
ISADVANTAGES IF APPROVED:
Persons living or working near 236 Smith Avenue North will be able to hear the
sounds from the concrete trucks and concrete pumps.
ISADVANTAGES IF NOT APPROVED:
The sound level impact on surrounding residential and commercial areas could
e greater with no conditions.
pplicant may not be able to complete construction without the concrete trucks
and concrete pumps exceeding the sound level limitations contained in 293.09.
TOTAL AMOUNT OF TRANSACTION S 1.QQ0 COST/REVENUE BUDGETED YES O
FUNDING SOURCE 320-33350 ACTIVITY NUMBER 0141
FINANCIAL INFORMATION: (EXPLAIN)
For Staff Monitoring Overtime.
�