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08-537Council File # ���"J'J � Green Sheet # '305 3/94t RESOLUTION Al1�T PAUL, MINNESOTA (� 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Presented by WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paui; and WHEREAS, §293.11 provides for the granting of variances from the sound levellimitations contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hazdship on the applicant, other persons or on the community; and WHEREAS, Brandenburg Industrial Service Co., represented by Eric Ahlgren, 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; and WHEREAS, applicant is seeking a variance for the hours from 6:00 a.m. to 8:00 p.m., Monday through Saturday, starting Apri128, 2Q08 until October 31, 2009 at the Xcel Energy High Bridge plant, 501 Shepard Road; and WHEREAS, if applicant is not granted a vaziance it will not be able to operate demolition equipment and power tools at 501 Shepard Road; 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 Paul hereby grants a variance to Brandenburg Industrial Service Co., subject to the following conditions: 1) The variance sha11 be for the hours of 6:00 a.m. to 8:00 p.m., Monday through Saturday, starting Apri128, 2008 until October 31, 2009. 2) Brandenburg Industrial Service Co. shall take all practical steps availabie to minimize the noise levels during this period which do not otherwise unduly hinder the project or unreasonably increase the costs of the project. 32 3) Brandenburg shall meet monthly with the Fort Road Federation to provide notice of the work 33 schedule for the project. This notice sha11 provide information of which times the noise 34 conducted on site will be in excess of the sound level limitations contained in § 293.09. 35 36 og � E'�7 37 FURTHER RESOLVED, that any violations of the conditions set forth above on the Apri128, 2008 38 unril October 31, 2009 dates may resuit in denial of future requests for the grant of a noise variance, in 39 addition to any craninal citation which might issue. Adopted by Council: Date 4 � £y�J Adopti Ce e y Co cil Secreta� By: , Approve a : Date �d By: Requested by Depariment of Safety & Inspecrions B ��_.I_ (�(-�,,,�„�' 1� � Forxn Approved by City Attomey BY: �c�G A.P 1 � � Rachel Tiemey Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � v� � "J "J / � Department/officelcouncil: i Date Initiated: S , -�kafS�e ' 3o-�R-0$ Green Sheet NO: 3053198 Contact Person 8 Phone: � Mark Kaisersatt � 26Cr9147 Must Be on Council Agenda by (Date): 2,-n,uv-0a �tc&CIC t(�f}RlNlr''� Doc.Type: RESOLUTION �' � Assign Number For Roufing Order � 0 Dept of Saferi & Iaspectio s I iDept of S f N& InspeNO s ' D p riment Director 2 GS1vAttornev ' 3 �Msyor's Office MavoNASSistant 4 ��:1 5 'ry C7e k C1ri Clerk E-DoGUmentRequired: N Document Confact: Contact Phone: 7otal # of Signature Pages _(Clip All Locations for Signature) ..� Approval of a resolurion granting Brandenburg Industdal Service Co, represented by Eric Ahlgren, Project Manager, an exemption &om the sound level limitations in Chapter 293.09, in order to operate demolition equipmern and power tools from 6:00 am. to 8:00 p.m., Monday through Saturday, starting April 28, 2008 until October 31, 2009 a[ the Xcel Energy High Bridge plant, 501 Shepard Road. �natrons: approve �v.7 or n Planning Commission CIB Committee Civil Service Commission 1. Has this perso�rm ever worked under a wntract for this department? Yes No 2. Has this personlfirm ever 6een a city employee? Yes No 3. Does this personlfiim possess a skill not normally possessed by any wrzent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet , Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ,, Chap[er 293.11 provides for the granting of variances from the sound level limitations contained in Chapter 203.09. Advantages If Approved: Applicant may operate demolition equipment and power tools. Disadvantages If AppYOVed: Neighbors within eazshot of the noise sowce will be subjected to the sounds of demolition equipment and power tools. DisadvaMages If Not Approved: Applicant may not operate demolition equipment and power tools. Transaction: Euntling Source: Financial Information: (6cplain) CosURevenue 8udgeted: Activity Number: April 30, 2008 1.34 PM Page 1