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06-830Council File # �(p �4,�� Resolution # Green Sheet # 3� G � � RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To 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 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 ar 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 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 demolition equipment and power tools at 1566 University Avenue West; and WHEREAS, applicant is seeking a variance for the hours of 7:00 am. to 4:00 p.m., starting September 7, 2006, until November 10, 2006; and WHEREAS, if applicant is not granted a variance it will not be able to operate demolition equipment and power tools at 1566 University Avenue West; 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 RESOLUED, that the Council of the City of Saint Paul hereby grants a variance to Ryan Companies US, Inc., subject to Che following conditions: 1) The variance shall be far the hours of 7:00 a.m. to 4:00 p.m., starting September 7, 200b, until November 10, 2006. 2) 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. (�� - �3U 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 FURTHER RESOLVED, that any violations of the conditions set forth above on the September 7, 2006, until November 10, 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. Adopted by Council: Date C/r�ta-!�(o Adoption Certified by Council Secretary BY ///D�l�r�i�,�.�sdh Approved by r: Date � /Q--�v By: Requested by Department of: Office of License, Inspections and Environxnental Protection By: I���" ��CJ.���_ Bob Kessler, Director Form ve by �"ity A orney By: Rac Gunderson Approved by Mayor, for Submission to Council � � /_�� �.. � � � _ r 0/ - �36 � Green Sheet Green Sfieet Green Sheet Green Sheet Green Sheet Green Sfieet � DepartrnenUoffice%council: Date initiated: , LP LicwsrMspection/EnvironPtot i 24AUG-0G � Confact Person 8 Phone: ' � ' Mark Kaisersatt ( � � 0 ; 26Cr9147 - � pu� 1 Must Be on Council Agenda by (Date): OESEP-06 Doc.Type: RESOLUTION E-DocumentRequired: N DocumentContad: } ContactPhone: �"1 H 6 006 '�� Number f 2 For I Routing 3 Order I 4 , 5 ; Totai#ofSignaturePages_(CIipAUlLocationsforSignature) Green Sheet NO: 3032320 I,' nsel[ s ecti dE won Pr 'ceuse/lnsoeclioWEnviro¢Pro ➢eoarMent➢"uector iCiNAttomev � �hf o's 01ic M or/AssisNr t �� ounc7 "tv CI k I C'N Clerk � Approval�of a resolution granting Ryan Companies US, Inc., represented by Dave Schultz, Project Manager, an exemprion from the I sound level limitarions in Chapter 293.09, in order to operate demoli6on equipment and power tools, with limitations, for the hours of j 7:00 a.m. to 4:00 p.m., starting September 7, 2006, unlil November 10, 2006. ��, Recommendations: Appro�e (A) or Reject (Rp Planning Commission CIB Committee Ci�il Service Commission Personal5ervice Contracts MustMswerthe Foilowing Questions: 1. Has this perSONfirtn e�er wo�ked under a contraci for this department? Yes No 2. Has this persoNfirm e�er been a city empfoyee? Yes No 3. Does this personlfirm possess a skilf not normally possessed by a�y current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet �� Inttiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): , Chapter 293.1 ] pcovides for the granting of variances from the sound level limitafions contained in Chapter 203.09. AdvanWges If Approved: Applicant may operate demolition equipment and power tools, in order to perform repaits at Rainbow Foods at 1566 University Avenue W est ' DisadvantagesHApproved: '� Neighboxs within earshot of the noise source will be suUjec[ed to construcrion-reLated sound DisadvanWges If NotApproved: Applicant may not perform repairs at Rainbow Foods at 1566 University Ave�ue West. Transaction: FundinA Source: Financia l Infortnation: (Expiain) CostlRevenue Budgeted: Activity Number: � ��' � 4 2006 ���°��F� 0��10E August 24, 2006 10:43 AM Page 1 ����3C� OFFICS OFLICHNSE,INSPECTIONS AND ENVIRONMBNTAL PROTECTION Bob Kess)er. Direcror CITY OF SAINT PAUL ChrisropherB. Co(eman, ASayo� COMMERCEBUILDlNG 8 Favrth SL E, SuGe d00 SaintPav{ M'vrnesom SSI01-IO24 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code 6{YV90 1 ( 6-913 � q /;'�) ��f ��� ` � �e��� / �� d � ZQ06 l. Organization or person seeking variance: Ryar, Compani es us, i �o. 2. AddreSS: 50 S. 10th Street, #300, Minneapolis, MN 55403 3. Responsible person: oave seh��t� 4. Title or position: Pro�ect Manager 5. Telephone: ( 6i2 ) 492-4382 6. Briefly describe the noise source and equipmentinvolved:.iack nammers, smati backnoe, concrete saw w;it be used to dig new footings for columns. Saw cutting will also oeur for (3) new windows. 7. Address orlegal description of noise source: �s66 uo;�ers;ty a�e., St. Paul, MN S. NO1SC SOUTCC t1IT1C Of OpCiltlOri: 7:OOAM - 4:OOPM for jack hammers,- 17 f(iQRM - E•UOAhLc° ^^+-*� g 9. Briefly describe the steps that will be taken to minimize the noise levels:�ersey bar�;ers where Poss;bte 10. Briefly state reason for seeking I 1. Dates during wlrich the variance is Roundy's reqoires cutting toTtake place at night 7 avah / r -2�G - November 10, 2006 Signature of responsible person ��� Date g� 0� 7<fepFonc Facsun ife: Web www �d , ��a, `� - ��� � � LIEP RECEIPT Date: 08/02/2006 Received From: RYAN COMPANIES US INC 50 tOTH ST S SUffE 300 MINNEAPOLIS MN 55403 Descriptiort: Invoice Details 474149 Noise Variance TOTAL AMOUNT PAID; �aid By: 'ayment Type Check # Received Date Amount Invoice Amount $150.00 dc�-��v CITY OF SAWT PAUL OfBce of LicenSe, inspections and Environmen}al Protection e Fourth Street Easf, SuRa 200 Sant Paul. Mirnasota 55101-7024 (651)2fi69090Fac (651)2659124 w�vw.ci.stpauCmn. usliep Amount Paid $150.00 $150.00 Page 1 of 1