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06-829Council File # __�_ 0 Resolution # Green Sheet # .�0,3�.c�ad Presented By Referred To RESOLUTION f� SAI T PAUL, MINNESOTA � - Committee: Date ys 1 WHEREAS, Chapter 293 of the Saint Paul Legislative 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 j 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 7 8 WHEREAS, the City of Saint PauPs Public Works Sewer Utility, represented by Joseph Mueller, 9 Civil Engineer IV, who has been designated as the responsible person on the application, has applied for 10 a variance to operate equipment to install sewer lining along Fairmount Avenue, from Cleveland ll Avenue to Fairview Avenue; and along Fairview Avenue, from Fairmount Avenue to St. Clair Avenue; 12 and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, applicant is seeking a variance to operate 24 hours per day, from September 11, 2006 to September 16, 2006; from September 25, 2006 to September 30, 2006; from October 9, 2006 to October 14, 2006; from October 23, 2006 to October 28, 2006; and from November 6, 2006 to November 11, 2006; and WHEREAS, if applicant is not granted a variance it will not be able to operate equipment to install sewer lining along Fairmount Avenue, from Cleveland Avenue to Fairview Avenue; and along Fairview Avenue, from Fairmount Avenue to St. Clair Avenue; and WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application and has made recommendations regarding conditions for the variance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the City of Saint Paul's Public Works Sewer Utility, subject to the following conditions: ]) The variance shall be for 24 hours per day, from September 11, 2006 to September 16, 2006; from September 25, 2006 to September 30, 2006; from October 9, 2006 to October 14, 2006; from October 23, 2006 to October 28, 2006; and from November 6, 2006 to November 11, 2006. r - �, ,_ 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 2) The City of Saint PauPs Public Works Sewer Urility 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 proj ect. FURTHER RESOLVED, that any violations of the conditions set forth above, on the dates from September 11, 2006 until November 11, 2006, 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 - �/-D/.�!o Adoption Certified by Council Secretary BY� L�/Oi/c� ��t/�sil,-� Approved by r: Date %j�C7 -� (�� By: Requested by Deparhnent of: Office of License, Inspections and Environmental Protection B ���-r� f �Z,�-�� Bob Kessler, Director Form A���ved b City ttorney By: Ra 1 Gunders Approved by Mayor, far Submission to Council . y �, �-�i� �� i , .. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D(p �5��-� --� --- --...--�--_.._... _ ... � -L��eos�,ns�ao��on�t ; 2¢A�� � Green Sheet NO: 3032322 . ContactPersonBPhone:�� � ( � Mark Kaisersatt � � Assign ' Must Be on Council Agenda by (Dafe): �� Number 06-SEP-06 �� For Routing DoaType: RESOLUIION - '�, prder E-DowmentRequired: N �:�6 � ` � DocumentConWd: � s� j ContactPhorte: 26G9147 Departrnent SentToPerson InitiallDate ; 0 'c se/[ ection/E ' on Pr � j I L'ce seJl ection/E viron Pro I Deoarmi t D' ro i 2 'tvAttomev � . . 3 .M o's Ofli e � Ma /ASS' taut '�e'F� , 4 ouncil I 5 ',CiN Clerk C'ro Clerk �� ''� Total # of Signature Pages _(Ciip All LocaGOns for Signature) Approval of a resolurion granting the City of Saint Paul�s Public Works Sewer Urility an exemprion from the sound level limitations in � Chapter 293.09, in order to opente equipment to install sewer lining from September 11, 200b to November ll, 2006. , i Recommendatio�s: Appme2 (A) or R Planning Commission qB Committee CiNI Service Commission ;�n rersona� serv�ce 1. Has this persorJfirm e�er worked under a contract for this department? Yes No 2. Has this perswUfirtn e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnally 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 foc the granting of variances from the sound level Iimitations contained in Chaptar 203.09. AdvanWqes IfApproved: Applicant may opernte equipment to install sewer lining. Disadvantapes If Approved: Neighbors within earshot of the noise source will be subjected to construction-related sound. �'�, DisadvantageslfNotApproved: .� Applicant may not operate equipment to install sewer lining. Transaction: FundinA Source: , Financial information: (Explain) Activity Number: au� 2 4 2aos ��� rah Cen AUG 2 ,5 2006 CostlRevenue Budgeted: August 24, 20061:08 PM Page 1 o�-��� CITY OF SAL'�T PALZ Ch>istopher B. Coleman, Mayor 0. 2I�T OF LiC52:S, INSPECTIONS i*:D nriYRONM=rT?? ?RGiSCTiON Bob Kessier, D:'ra!or COM_I�cRCc B iPLD.NG 8 Fourfr. Sr. $ Su"teT00 Sain; Parz; M'vir.=som 53i 01-i 02s' Zelephone: 657-266-9090 \ �¢csime7e: 651- - Z24 \ 4leb: w ss , ' � t ` •�� 1 i � ,'G ��� �' W ��� / � .� Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Samt Paul Legisiative Code 1. Organizationorpersonseekingvariance: Fublic Works SawP,- iTt;lit� 2. Address: 700 Citv Hall Annex, 25 F7. 4th Street, St. Paul, NL4 55102 3. Responsbleperson: Joseph b3uelier 4. Title or aosihon: CE IV 5. 651 � 266-6149 6. Brieflydescnbe the noise source and equipment uxvolved: Boiler Truck ( s), 70kW Generator, Light Tower,6" Godwin Bypass Pump,Conveyor,50 ton Crane,�'orklift,vacuum Descibel levels unknown at this time_ 7. Address or legaldescriptioa ofnoise source: Fai.rview & St. Clair; �'airmount Ave. & Howell Ave.; Fairmount Ave: & Kenneth Ave. 8. Noisesourcetimeofoperation: 9�1�-�f16j06 24hrs/day,9/25-10/9j05 2� hrs/day;10/23 � ' • l m /'1']_l l 1G /nL 7JI }.rc/ria�� � 9. Briefly descnbe the steps that will be taken to m;n;m;�e the noise levels: Unfortunately, there are no ste:ps that can be taken to muffle noise. ' 10. Brieflystatereasonforseeldngvariance:Noise variance is saught due to the. constructior nature o£ the work required to comple�e the pro�ec .. Once pro�ect. iner is started in'"wet-out"proceduse , must e comp ete non-s op, hrs ay until finished. 11. Datesduringwhichthevarianceisrequested: Week of 911-9/16; Week of 9%25-9/30; Week o£ 10/9-10/l�; Week o= l0/23-1OJ28; Week of 11/6-lljll. Signature of responsible person -!i���t�"-��_ Date � �-�� se�nr ppui A� Date: 07/20/2006 Received From: PUBLIC WORKS SEWER UTILITY 25 4TH ST W ST PAUL MN 55102 Description: Invoice Details 472864 Noise Variance TOTAL AMOUNT PAID: Paid By: LIEP RECEIPT lnvoice Amount $150.00 CITY OF SAINT PAUL Office of License. Inspections antl Envirommental Protection 8 Founh SVeet East, Suita 200 SaiM Paul, MinneSOta 55101-0024 (651)266-9p9pFAC I�`i)26�9t24 www.ci.stpauLmn usiliep d(�-82� 1 Amount Paid $150.00 $750.00 Page 1 of t