06-481Council File # DL — y8�
Resolution # 2Q
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Green Sheet # 3 C� ,305G{ �
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Coxnmittee: Date
WHEREAS, Chapter 293 of tt�e Saint Paul Legislative Code was enacted to regulate the subject of
noise in the Ciry of 5aint Paul; and
4 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
5 contained in §293.09, upon a finding by tb e City Council that full compliance with Chapter 293 would
( constitute an unreasonable hazdship on the applicant, other persons or on the community; and
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WHEREAS, Ryan Companies US, Inc., represented by Dave Schultz, Project Manager, who has
been designated as the responsible person on the application, has applied for a variance to operate a
small backhoe, concrete saw, and jack-hammers for sidewalk removal; and
WHEREAS, applicant is seeking a variance for the hours of 7:00 a.m. to 4:00 p.m. and 11:00 p.m.
to 6:00 a.m., starting May 23, 2006, until June 23, 2006; and
WHEREAS, if applicant is not granted a variance it will not be able to perform maintenance at the
Rainbow Foods store at 1566 University Avenue; and
WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the
application and has made recommendarions regazding conditions for the variance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Ryan
Companies US, Inc., subject to the following conditions:
1)
2)
The variance shall be for the hours of 7:00 a.m. to 4:00 p.m. and ll:00 p.m. to 6:00 a.m.,
starting May 23, 2006, until June 23, 2006.
Ryan Companies US, Inc., 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.
FURTHER RESOLVED, that any violations of the conditions set forth above on the May 23,
2QQ6, until June 23, 2006, dates may result in denial of future requests for the grant of a noise variance,
in addition to any criminal citation which might issue.
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Adopted by Council: Date r/ i
Adoption Certified by Council Secretary
BY� ��u /� �,�Sa.L
Approved b : Date �ZZ
By:
Requested by Department o£
Office of License, Inspections and
Environmental Protection
B / �'� ���i�
Bob Kessler, Director
Form roved b City Attorney
By:
R hel Gunder
Appro e y a or, for Subm� ion to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
l� — ��f
Departrnent/office/councii; Date initiated:
�P -L,�e„��tio�„��a�t � Z��R-06 Green Sheet NO: 3030548
Contact Person & Phone- Deoartment Sent To Person Initial/Date
Mark Kaisersatt � 0 ' ensel[nscection/E¢viroo Pro
2669147 p55ign i �' rt ri/F P n � DeoarimentDireetor !
Must Be oq Council Agenda by (Date): Number z i pttorne I
17-MAY-06 For
Routing 3 a o�'s �ce ' Ma orlAssisiant
Order 4 � "��
4 l � 5 Cler Ci Clerk
'Lt U
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J
Total # of Signature Pages _(Clip AII Locations for Signature)
Action Requested:
Approval of a Resolufion granting Ryan Companies US, Inc., represented by Dave Schultz, an exemption from the sound level
limitaGons in Ch. 293.09, in order to perform sidewallc maintainance, with limitations, starting May 23, 2006, unul June 23, 2006, from
7:00 a.m. to 4:00 p.m. and 1 1:00 p.m. to 6:00 a.m.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
� 3. Does this person/firtn possess a skill not normally possessed by any
curtent city empbyee?
Yes No
Explain all yes answers on separate sheet and attach 4o green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): .
Chapter 293.11 provides for the ganting of variances from sound level limitations contained in Chapter 293.09.
Advantaaes If Approved:
Ryan Companies US, Inc., will be able to perform sidewalk repairs at Rainbow Foods on University Avenue.
I
DisadvanWges If Approved:
Neighbors within eazshot of Rainbow Foods will be subjected to construction-related sound.
Disadvantag¢s If Not Approved: , I
Ryan Companies US, Jnc., will not be able to perform sidewalk repairs at Rainbow Foods on University Avenue.
ToWI AmouM of CosURevenue Budgeted: ' �
Transaction:
Fundinp Source: Activitv Number: � ����p
Financial lmformation:
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Appiicat[on far Soand Level Variance
City of Saint Paul Noies �rdinance
Chapter 293 of ihe Sarot Paul Legisladve Code
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1. Orgaqizapon or person aeekiag variance: R .�m aniPC u. . Inc.
2. Address: 50 S. 10th Street, Suite 300, Mpis., MN 55403
3. Reaponsi6leperson: DaveScriultz
4. T'�tle or position: Proiect Manas�er
5. Telaphoae' { 612 1492-4382
6. Briafly dcscnbe the noise source and equipmwt imolved: _,)ack-hammers. Small Btickhoe, Conerete Saw
will br uced for eidewalk ramn eal at the front of the Rainbow Foods Store. Backhoe will be used to dig new
fo�t;noc for colimq¢�j ihe st re sawcuttin for new windows to be done at the fomt of the store.
7. Address or legal descripCOn of aoise source: 1566 University Avenue, St. Paul, MN
B. Noise source time of operatiorrs;oo aM 4•0o Pnn f�r Jack hammers 11 •00 PM - 6•00 AM Sawcuttina
Nights for approximately one night.
9. Sriefly desor�e the steps thst wilt be takea to mirimize the aoise ]cvela: �
14. SrieBq state reasoa for seeking variaace: Ramdy�s reauires ewttina to take aiace at niaht
11. DBtes duting wLtch the variaocc is rcquested; Mav 23, 2006 - June 23, 2006
Siguatpre af responsible persoa l�(��s V(�NXT�� Dace anaroe
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Dave Schulfz, Project
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ReturA eompleted AQglicatfap and 5154.06 Pee to;
CITY OF SA[NT PAUL
OFFICB QF I.IEP
8 i�OUATH ST. E, STI[TE 2�8
SAl1VT PAUL, MN 55191-1QZ4
{65I1 Z66-9090
OtC�e ilee Only
flace Ree'a
Reviewad
psh Public Notice Sart
Befemed to Couneil
a�a+w.W➢ &m�s03l1CO3
/M•ADA•E80 R�ploya
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Date: 04/26/2006
Received From: RYAN COMPANIES US INC
LIEP RECEIPT
50 tOTH ST S SUITE 300 MINNEAPOLIS MN 55403
Description:
Invoice Details
465310
Noise Variance
TOTAL AMOUNT PAfD:
Paid By:
Page 1 of 1
Invoice Amount
$150.00
CITY OF SAINT PAUL
Office of License, InspecUOns
and Environmental Protection
8 Fourth SVeet EasL Suile 2(10
Sain[ Paul, MiMesota 5 51 01-002 4
(651)2�9090Faz (651)26F9�24
www.ci.stpaul mn.usqiep
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Amount Paid
$150.00
$150.00