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06-428Council File # �/ -�/- � Resolution # Green Sheet # 3030419 Presented By Referred To 1 WHEREAS, Chapter 293 of the 2 noise in the City of Saint Paul; and RESOLUTION S� �, MINNESOTA �� � �-�' Committee: Date Zt Paul Legislative Code was enacted to regulate the subject of 4 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations g 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, Minnesota Deparhnent of Transportarion, represented by Steven Adamsky, Project Engineer, who has been designated as the responsible person on the application, has applied for a variance to operate construction equipment, concrete saws, concrete drills, and bobcat trucks; and WHEREAS, applicant is seeking a variance for the hours of 8:00 p.m. on May 19, 2006 unti15:00 p.m. on May 22, 2006; from 8:00 p.m. on May 26, 2006 until 5:00 p.m. on May 29, 2006; from 8:00 p.m. on June 2, 2006 unti15:00 p.m. on June 5, 2006; from 8:00 p.m. on June 9, 2006 unti15:00 p.m. on June 12, 2006; from 8:00 p.m. on June 16, 2006 unti15:00 p.m. on June 19, 2006; from 8:00 p.m, on June 23, 2006 unti15:00 p.m. on June 26, 2006; from 8:00 p.m. on June 30, 2006 until 5:00 p.m. on July 3, 2006; from 8:00 p.m. on July 7, 2006 until 5:00 p.m. on July 10, 2006; from 8:00 p.m. on July 14, 2006 unti15:00 p.m. on July 17, 2006; and WHEREAS, if applicant is not granted a variance it will not be able to perform repairs on I-94 and I-35E; and WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application and has made recommendations regarding condirions for the variance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Minnesota Department of Transportation, subject to the following conditions: 1) The variance shall be for the hours of 8:00 p.m. on May 19, 2006 until 5:00 p.m. on May 22, 2006; from 8:00 p.m. on May 26, 2006 unti15:00 p.m. on May 24, 2006; from 8:00 p.m. on June 2, 2006 unti15:00 p.m. on June 5, 2006; from 8:00 p.m. on June 9, 2006 until 5:00 p.m. on June 12, 2006; from 8:00 p.m. on June 16, 2006 unti15:00 p.m. on June 19, 2006; from 8:00 p.m. on June 23, 2006 unti15:00 p.m. on June 26, 2006; from 8:00 p.m. on June 30, 2006 unti15:00 p.m. on July 3, 2006; from 8:00 p.m. on July 7, 2006 until 5:00 p.m. on July 10, 2006; from 8:00 p.m. on July 14, 2006 unti15:00 p.m. on July 17, 2006. 2) Minnesota Deparhnent of Transportation shall take all practical steps available to minimize the noise levels during this period which do not otherwise unduly hinder the project or unreasonably increase the costs of the project. � Ct7(o -<f�j � 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 FURTHER RESOLVED, that any violations of the condirions set forth above on the May 22, 2006 through July 17, 2006 dates may result in denial of future requests for the grant of a noise variance, in addition to any criminal citarion which might issue. Requested by Department of: Office of License, Inspections and Environmental Pro ecrion By: r J � �_ Bob Kessler, Director Form Approved by City Attorney Adopted by Council: Date ��y�_,�>,�7�D(� � n� � 7 By: � G�X Adoption Certified by Council Secretary Ra el Gund BY� � Jii,i.rrs��vr, % Approved b or: Date S ' �'� BY� � i Appro " yor, f r Submission to Council By: '^- %�� '!� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � C� 0� �� f DepartrnenUoffice%ouncil: i DaYe initiated: (,p — License/fnspection/En�ironProi I 13 Green Sheet NO: 3030419 I Contact Person ffi Phone• � Deoartment SentTo Person InitiaVDate Bob Kessler . � I 0 �.icense/Insoecfion/Environ Pro � � � 266-9013 Assign 1 icenselIuscecfiou/EnvironPro DeoartmeutDirectorJ i � Council Agenda by (Date): Number y ' pttome 3- MAY For RoUGng 3 avor's O�u � MavodAssistant ( � � - " Order 4 ounc'I i � � f� �'1�"�""� 5 Clerk Ci Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of a resolution granting the Miimesota Department of Transportation, represented by Steven Adamsky, an�emption from the sound level limitations in Ch. 293.09, in order to make repairs to Interstate 94 and Interstate 35E on weekends in May, Jun; , and July. Recommendations: Approve (A) or Reject (R): Personal Service Contracks Musf Answer the Following Quesfions: Planning Commission t. Has this person/firm ever worked under a contract for this department? qB Committee Yes No Civil Service Commission 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current 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 the sound level limitations contained in ChapYer 293.09. Advantaqes If Apqroved: Interstates within the City will be repaired. DisadvanWpes If Approved: Constituents living or working neaz I-94 and I-35E will be subjected to construction-related noise. Disadvantages If Not Approved: I Interstates within the City will not be repaired. � Total Amount of CosURevenue Budgeted: � �� °' Transaction: Funding Source: Activitv Number: �� c � Fi nancial Information: (Explain) A����2� OC� - �f a8 N�TIC� OF PUBIIC HEARING St. Paul Property Owner: This is to inform you of a reques4 for a variance from the sound level limitations as indicated in the St. Paul Noise Ordinance (Chapter 293 of the St. Paul Legislative Code). A public hearing before the City Council on this va�ance request will be held o� May 3, 2006 at 5:30 p.m., at 3rd Floor, Ciry Hall Council Chambers Within fifteen (15) days of th� mailing date on this notice, written comments or objections may be filed with the: City of St. Paul, Office of License, Inspections and Environmental Protection, S Fourth Street E, Suits 200, Saint Paul, Minnesota 55101-1024. Description of Variance: Noise Source: Minnesota Department of 7ransportation has requested a sound level variance to operate construction equipm2n4, concrete saws, concrete drills, and bobcat trucks from 8:00 p.m. on May 19, 2006 until 5:00 p.m. on May 22, 2006; from 8:00 p.m. on May 26, 2006 until 5:00 p.m. on May 29, 2006; from 8:00 p.m. on June 2, 2006 until 5:00 p.m. on June 5, 2006; from 8:00 p.m. on June 9, 2006 until 5:00 p.m. on June 12, 2006; from 8:00 p.m. on June 16, 2006 until 5:00 p.m. on June 19, 2006; from 8:00 p.m. on June 23, 2006 until 5:00 p.m. on June 26, 2006: from 8:00 p.m. on June 30, 2006 until 5:00 p.m. on July 3, 2006; from 8:00 p.m. on July 7, 2006 until 5:00 p.m. on July 10, 2006; from 8:00 p.m. on July 14, 2006 until 5:00 p.m. on July 17, 2006. Location: I-94, starting at or about Western Avenue, ending �t or about Mounds Blvd and I-35E, starting at or about University Avenue, ending at or about 10' Street. If you have any questions, please feel free to call Mark Kaisersatt at (651) 266-9147. AA-ADA-EEO Employer (Mailed 04/'10(2006) CITY OF SAINT PAUL Ch�ismpher B. Caleman, Mayor � ��P 9 ��'S� o � 2p0 OFFICEOFLICENSE,INSPECTIONSAND � r Q� _ � (� G ENVIRONMENTAL PROTECTION ;�ti �t O Bob Kessler. Direc�or COMMERCEBliILDING ?e[ephone: 657d66-9090 8 Fourth St E, Suue 200 Facsim ile. 651-266-9124 SaintPaul.Mmrzesoro55101-/0?4 Web: www.fiep.vs Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code 1. Organization or person seeking vaziance:l 2. Address: "3`i`d� N4o�i°�i AiJ� �' 3. Responsible person: SY � k 4. Title or position: P2� tre� 5. Telephone: (�SI 1 7�9— ��353 6. Brieflydescribe the noise source and equipment involved: )�.rqti .i�P� ' Sfi!��� v ��lC 7. Address or legal description of noise source: (�? Z 4c� �rz.��P� k r �Si 4 n1a e�t 8. Noise source time of F�inRrr � �2�1 — n�aA M�y - M �q'�/S! � • � / 9. Briefly describe the steps that will be taken to minimize the noise levels: ��Eino� l �,yF��c i,,�, �l 10. Briefly state reason for seeking variance: GanSfR�[rvY� ���f �YQP t"O �-- w2.�K-en� �'-�,l� ro :�,tn,m�zP r��ftcr� im,a�ad'S 11. Dates during which the variance is requested: � ufe-c!<-r✓�A S '� Scl^�1�.7�in �t'�v-Qe-�'1 s�l� y ar�� � Ir7 Signature of responsible person Date 3 [� � ��� � lSa' �/� f���, � Return completed Application and $150.00 fee to: CITY OF SAINT PAUL OFFICE OF LIEP 8 FOURTH ST. E, SUITE 200 SAINT PACJL, MN 55101-1024 (651)266-9090 c� o�-��� Office Use Only Date Rec'd. Reviewed Date Public Notiee Sent Referred to Council voaevar.app Revis� 2/2003 AA-ADA-EEO Emplayer LIEP RECEIPT Date: 04/07/2006 Received From: MINNESOTA DEPT OF TRANSPORTATION 3485 HADLEY AVE N OAKDALE MN 55128 Description: Invoice Details 464073 Noise Variance TOTAL AMOUNT PAID: Paid By: �Payment Type I Check # Received Date Amount ',Check 046022 04/07/2006 $150.00 � Invoice Amount $ I50.00 CITY OF SAIN�PA[7'L Office of License, Inspections antl Environme�tal Pmtectlon B fourth SVeet Eas[, SuRe 200 Saint Paul, Minnesota 55ID1-1a24 (651)266-9090Fac (65tj26F>9�24 www. ci.stpaul.mn.uyliep Amount Paid $150.00 $150.00 Page 1 of 1