06-360Council File # 06-360
Resolurion #
Green Sheet # 3030399
RESOLUTION
Referred To
PAUL, MINNESOTA
Committee: Date
1 WHEREAS, Chapter 293 of the Saint Paul L,egislarive Code was enacted to regulate the subject of
2 noise in the City of Saint Paul; and
4 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
$ contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would
( constitute an unreasonable hardship on the applicant, other persons or on the community; and
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WHEREAS, LG Constructors, represented by Roy Snover, Project Director, who has been
designated as the responsible person on the application, previously applied for a variance to operate
cranes and diesel hammers for driving steel piling; and
WHEREAS, on or about February 8, 2006, applicant was granted a variance for the hours of 8:00
a.m. to 6:00 p.m., Monday through Friday, starting February 1, 2006 until Apri130, 2006; and
WHEREAS, according to a letter dated April 10, 2006, from Ronald Brevig, Director of Xcel's
Highbridge Plant, if Xcel must adhere to the restrictions imposed by the previous variance, Xcel will not
be able to complete its project on or before Apri130, 2006; and
WHEREAS, applicant is requesting a variance between the hours of 7:00 a.m. and 6:00 p.m.
starting April 12, 2006, ending April 14, 2006; between 8:00 a.m. and 5:00 p.m. on April 15, 2006;
between the hours of 7:00 a.m. and 6:00 p.m. starting April 17, 2006, ending Apri121, 2006; between
the hours of 8:00 a.m. and 5:00 p.m. on Apri122, 2006; between the hours of 7:00 a.m. and 6:00 p.m.
starting Apri124, 2006, ending Apri128, 2006; and between the hours of 8:00 a.m. and 5:00 p.m. on
Apri129, 2006; and
WHEREAS, if the variance is not modified, applicant will not be able to complete the pile driving
for the new Xcel Highbridge Plant before the April 30, 2006 deadline; and
WHEREAS, the Office of License, Inspec6ons, and Environmental Protecrion has reviewed and
approved the request for the change of the variance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants the change in the variance to
LG Constnxctors, subject to the following conditions:
03-360
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1) T`he variance shall be for the hours of 7:00 am. and 6:00 p.m. starting April 12, 2006,
ending April 14, 2006; between 8:00 a.m. and 5:00 p.m. on April 15, 2006; between the
hours of 7:00 a.m. and 6:00 pm. starting April 17, 2006, ending Apri121, 2006; between
the hours of 8:00 a.m. and 5:00 p.m. on Apri122, 2006; beriveen the hours of 7:00 a.m. and
6:00 pm. starting Apri124, 2006, ending Apri128, 2006; and between the hours of 8:00
a.m. and 5:00 p.m. on Apri129, 2006.
2) LG Constructors shall take all pracrical steps available to minimize the noise levels during
t}us period which do not otherwise unduly hinder the project or unreasonably increase the
costs of the project.
FURTHER RESOLVED, that any violations of the condirions set forth above on the April 12,
2006 through Apri130, 2006 dates may result in denial of future requests for the grant of a noise
variance, in addirion to any criminal citation which might issue.
Adopted by Council: Date .% /a
Adoption Certified by Council Secretary
BY� ��l/�i'i� � '.v-
Approve y Iv�ayor: Date - -
, •
B ����
Requested by Department o£
Office of License, Inspections and
Environxnental Protection
By: ��/L —
Bob Kessler, Director
Form Approved by City Attorney
By:
Rachel Gunderson
Approved by Mayor, for Submission to Council
:
� � 3�0
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
I DepartmenUo�ce/council: Date Initiated:
i � -L;�e��pe�UO�n,�on�ot 11-APR-O6 Green Sheet NO: 3030399
Contact Person & Phone:
Bob Kessler
26&1927
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Must 8e on
'12-APR-06
by (Pate):
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Totai # of Signature Pages _(Clip All Locations for Signature)
mmavuate
Approval of a resolution granting LG Constructors, represented by Roy Snover, an exemption from the sound level lunitations in Ch.
293.09, in order to construct the new Xcel Energy Highbridge Plant, with lunitarions, during April 12, 2006, until Apri130, 2006.
idations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Service Contracts Must Answer the Following Questions:
1. Has this person/frtn ever worked under a contraci for this department?
Yes No
2. Has this person/firm ever been a city employee�
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curtent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Chapter 293.11 provides for the granting of variances from sound level limitations contained in Cl�. 293.09.
AdvanWStes If Approved:
DisadvantaSles If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
CostlRevenue Budgeted:
Activity Number:
Fi nancial I nformation:
(Explain)
Apr.12. 2006 12:57AM St. Paul Construction Trouble
No.5204 P. 2
Q� ��
Mr, David Thune
St. Paul City Council
Dear Mr. Thune,
Aprii 10, 20Q6
in February 2006 you sponsored a Noise Variance at the St_ Pau! City Counai. The
noise variance was required as a pre-requisite for pile driving activi#ies associated with
construction of Xcel Energys Ftigh Bridge Combined CyGe Power Plant. Thank you for
supporting that Noise Variance.
Immediately after obtaining the Noise Variance we began pile driving for the new p[ant
building. As of today (April 10, 2006) the piling work is approximately 80°/a complete. To-
date we have not received any noise complaints from the neighborhood near the
construction site. Recall the terms of the original noise variance are:
. Monday — Friday beginning no earlier than 08:00 am.
. No pile driving on weekends (Saturdays and Sundays)_
During the City Council's consideration of the Noise Variance it was discussed, and
agreed, that we would revisit the terms of fhe original Noise Variance if the 08:00 am
siart-time and (imits on weekend work adversely affected the wmpletion schedule. The
original pile driving completion date target was April 30, 2006.
While work is progressing well, the current (revised) pile driving completion date is now
on (or around) May 9, 2006. In order to complets the pile driving work and meet the
original target completion date Xcel Energy is requesting a modification to the original
Noise Variance to revise the terms and conditions as follows:
. Monday — Friday beginning no eaHier that 07:00 am.
•. Allow pile driving activities on weekend days (or at a minimum on Saturdays).
Tfiese modifications to the Noise Variance will enable this porfion of the project to get
back on the original compietion schedule.
Your wnsideration and support in this matter is greatly appreciated.
Sincerely,
1Z,acc Brevig
Ronald Btevig
Plant Director �
High B�dge Generatirig Plant