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08-1332, .� Conncil File # 08-1332 Green Sheet # 3063995 N PAUL, MINNESOTA Presented WHEREAS, �3 293 of the Saint Paul I,egislative Code was enacted to regulate the subject of 2 noise in the City of Saint Paul; and 4 WI�REAS, §293.11 provides for the granting of variances from the sound level limitations 5 contained in §293.09, upon a fmding by the City Council that full compliance with Chapter 293 wouid 6 constitute an unreasonable hardship on the applicant, other persons or on the community; and 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WfIEREAS, Mississippi Mazket, represented by Gaii A. Graham, General Manager, who has been designated as the responsible person on the application, has applied for a variance to operate construction equipment, hucks, and earthmoving equipment; and WHEREAS, applicant is seeking a variance for the hours from 7:00 a.m. to 5:00 p.m., Mondays through Fridays from December 4, 2008 until June 30, 2009 at 761 Perlman Streetl1500 W. 7 Street; and WHEREAS, if applicant is not granted a variance it will not be able to operate the construction equipment, trucks, and earthmoving equipment at 761 Perlman Street/1500 W. 7�' Street; and WHEREAS, the Department of Safety and Inspections 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 Paui hereby a ants a variance to Mississippi Market, subject to the following conditions: 1) The variance shall be far the hours of 7:00 a.m. to 5:00 p.m., Mondays through Fridays from December 4, 2008 until June 30, 2009. 2) Mississippi Market 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. 08-1332 33 FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates 34 may result in revocation o£the grant of a variance for the subsequent date(s), in addition to any criminal 35 citation which might issue. Bostrom CarCer Harris Stark ,/ Thune ,i Requested by Depar[ment of: Safety & Inspecrions +������P�'�� By: Approved by the Office of Financial Services By: Approv City Attomey �� � By: Appxoved y Mayf i Submiss' �unci� By ,.i 1. �' Adopted by Council: Date _ _ ''`/,3J�f �/ _ _ � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6��1��� ' Department/OfRcelCounciL• � �a��^��: � Green Sheet NO: 3063995 , S � _Dept.ofSafety&Inspections i ��NOV-0S � � Contact Person & Phone: I, Mark Kaisersatt 266-19 i Must Be on Council Agenda by (Date � 03D �U BG(C H�A� ; Doc. Type: RESOLUTION i E-Document Required: Y I Document Contact: ��en Olson , ContactPhone: 266-91A3 � i 0 Dept of Safety & Iospectioas 1 DeDtofSafe[p&IuSpKtions : Depart�uentDir¢Ctor Ass'gn I 2 'CiryAttorney ii � NUmber j 3�Iawr'sOffice Mayor� fAssisiant —� For Routing � 3 Caoncil Order �j 5,City Clerk I I CiN Clerk , 7oWl # of Signature Pages _(Clip All Locations Por Signature) Apprwal of a resolurion granting Mississippi Market, represented by Gail A. Graham, General Manager, an exemption from the sound level limitations in Chaptec 293.09 to allow them to operate constcuction and earthmoving equipment and hvcks, while building a single story building, 7:OOam to S:OOpm Mondays through Fridays from December 4, 2008 until June 30, 2009 at 761 Perlman St./I500 W. 7th St. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Hss this personlFlrm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciiy employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (YYho, What, When, Where, Why): Chapter 293.11 provides for the granting of variances ftom the sound Level limitations contained in Chagter 203.Q9. AdvanWges If Approved: Applicant may operate the conshvction equipment, trucks, and earthmoving equipment. Disadvantages If Approved: Neighbors within earshot of [he noise source will be subjected to the sounds of the equipment and trucks. Disadvantages If Not Approved: Applicant may not opeiate the equipment and trucks. Total Amount of 7rensaction: Funding Source: Financiallnformation: (Explain) CostlReve�ue Budgeted: Activity Number. November 18, 2005 11:51 AM Page 1 b� �13��- CITY OF SAIN`I' PAUL Chrisiopher B. Coleman, 19m'or DEPARTME.�7T OF SAFETY AivD ASPECIIONS Bob Kess7er, Directw� j7) Jackron Snee% Surte 220 Samt Paal, .Yfinnuara SS707-78D6 Application for Sound Level Variance Ciry of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code F vnile.� 651-?669124 WyI): H'K'N'.SlpAtfl.,�01'�[ISI � pG/� 'S �:���� � � ,�z�. ���.�.� I. Organization or person seeking 2. Address: �� � 3. Responsible 4. Title or positi 8. Noise source rime of operation: - 'S � � .5�� �n a- �u ��-<,�1, �� �A<, r��.e,� 9. Briefly describe the steps that will be taken to minimize the noise leveis: dvz iv�n da �v/q,�r,... w� �o-x 10. Bnefly state reason 46r seeking vat � � � �L /�r �1��G� /�,,. 1 I. Dates during which the variance is Signature of responsible person: _ Return completed Application and $150.00 fee to: CITY OF SAINT PAU�, DEPARTMENT OF SAFETY AND INSPECTIONS 375 JACKSON STIZEET, SUITE 220 SAINT PAI7L,11'IN 55101-1806 (651) 266-9090 ' I 3G ��" � � ����' Date:_�s� �y� ��sT� Office Use Only Date Rec'd. Reviewed Date Public Notice Sent Referred to Council A.S-ADA-EEO E�Ioya 5. Telephone: ( l S/ 1 3!a �Y��/ � 6. Briefly describe the noise source and equipment involved: �onc�-�� eL��,� ��c /�� �a,�r •�ee DSI RECEiPT CITY O� SAWT PAUL, DeparMent W Safety antl lnspections 375 JaUCwn Street Swte 220 SarM1 PaW, Atinnewfa 55101-1806 Phone.(65t)266-9090 Fac(651)266-912d ww.v.ripaul.gov/dsi D�-(3��- Date: 1 �/�4/2008 Received From: MISSISSIPPI MARKET COOPER4TIVE INC dba: MISSISSIPPI MARKET 622 SELBY AVE ST PAUL MN 55104-66'14 Description: Invoice Details 634262 Noise Variance TOTAL AMOUNT PAID: Paid By: aymen! 7ype Check # Received Date Amount �Check 139575 11/14/2008 $'150.00 I Invoice Amount $'150.00 Amount Paid 5150.00 $150.00 Page 1 of 1