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09-142Amended 2/04/2009 Council Fiie # � �' % 7 � Green Sheet # 3065941 RESOLUTION OF SAIN�' PAUL, MINNESO7A Presented by �� 1 WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate fhe subject of 2 noise in the City of Saint Paul; and 3 4 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations S contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would 6 constitute an unreasonable hardship on the applicant, other persons or on the community; and 7 8 WHEREAS, BNSF Railway Company, represented by 7im I,anier, Siructures Supervisor, 9 who has been designated as the responsible person on the application, has applied for a variance to 10 operate construction equipment, and pile driving equipment; and 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, applicant is seeking a variance for generai construction activities during the hours from 6:30 a.m. to 7:30 p.m., Mondays through Saturdays, and for pile driving operations from 730 a.m. to 530 p.m. Mondays through Fridays, fram Fehruary 5, 2009 un613u1y 31, 2009, neaz 1100 Raymond, one block north of the intersection of Energy Pazk Drive and Raymond Avenue; and WHBREAS, if applicant is not granted a variance it will not be able to operate the construction equipment and pile driving equipment neaz I 100 Raymond, one block north of the intersection of Energy Park Drive and Raymond Avenue; and �VHEREAS, the Department of Safety and Inspections has reviewed the application and has made recommendations regazding conditions for the variance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to BNSF Railway Company, subject to the following conditions: 1) 2) The variance for general constrvcrion activities shall be for the hours of 6:30 a.m. to 7:30 p.m, Mondays through Saturdays from February 5, 2009 to3c�+-3T, 2009. December 1 The variance for the pile driving operations shall be for the hours of 730 a.m, to 5:30 p.m., Mondays through Fridays from February 5, 2009 to 7uly 31, 2009. 3) BNSF Railway Company shall take all practical steps available to minimize the noise levels during this period which do not otherwise unduly hindec the pro}ect or unreasonably increase the costs of the project. (J9-i�� 38 FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates 39 may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal 40 citation which might issue. Bostrom Carter Hams Requested by Department of: Safety & Inspections g +u"a'�x'�``' � Approved by the Office of Financial Services Stark ` B y Thune �/ Approv City Attorney �i �/ ` By: �ttiViMx � lA.wA�I Adopted by Council: Date � h' �Q�l'/ Approved Ma or fo bmissi n t Counc Adopt�on Certified by Councjl Secretary $y: By: � Appiove y a ox. Date �' �— U By: 0 9- i �Fz � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUOfficelCOUnci1: � Datelnitiated: SI Dept. of Safety & Inspections � 3-JAN-09 — Contact Person & Phone: � Mark Kaisersatt 266-'1908 - - - � - - - --- — Assign Must Be on Council Agenda by (Date): Number 04-FEB-09 �ugl-lG_ HE,�)�f� For Routing Doc. Type: RESOLUTION Order _ _ — _ _ — E•DOCUmentRequiretl: Y Document Contact: Karen Olson Contact Phone: 266-9143 D 1 2 3 4 5 Sent To Person Initial/Date Deoartment Direc[or _ MaYOr/ASSistant _ ___ Total # of Signature Pages _ �Cli All L oca t ions for Signature) Action Requested: � Approval of a resolution granting BNSF Railway Co., represented by Jim Lanier, Structures Super., exemption from sound level I�mitatmns in Chapter 293.09 for operarion of general construction equipment 630am to 730pm Mondays to Saturdays, & pile driving equipment 7:30am to 530pm Mondays to Fridays, from February 5, 2009 to July 31, 2009, one block north of Energy Park Drive & Raymond Ave. Recommendations. Approve (A) or Reject (R)� I� personal Service Contrects Must Answer the Following Questions. � Planning Commission '� 7 H th' /f rk d d t t f th' d rt � . as is person irm ever wo e un er a con rac or is epa ment CIB Committee � Yes No Civil Service Commission �� 2. Has this person/firm ever been a city employee� Yes No '� 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No ' Expiain a6 yes answers on separate sheet and attach to green sheet. Init�ating Problem, tssues, Opportunity (Who, What, When, Where, Why): � Chapter 293.11 provides for [he granting of vaziances from the sound level limitations contained in Chapter 203.09. Advantages If Approvetl: Apphcant may operate the construction equipment and pile driving equipmen[. DisadvantageslfApproved: ` J Ne��hbors within earshot of the noise source will be subjected to the sounds of the equipment and pile driving. Disadvantages If Not Approved: Applicant may not operate the constzuction equipment and pile driving equipment. Total Amount of Transaction: Funding Source: Fi na nci al Informati on: (Explain) January 13, 2009 9:2� AM CosURevenue BUdgeted: Activity Number. Green Sheet NO: 3065941 Page 1 > d �- /`�.Z� CITY OF SAINT PAUL Chriswpher B_ Coleman, Mayor DEPAR7MENT OF SAFETY AND NSPECTIONS Bob Kusler, Director 375 Jackson Sbeet, Su�te 220 Sa+nt Paul, Minnesota 55101-1806 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code Te7ephone: 6�/-2669090 Facsimile: 6J1-266-9124 � Web: wwwstpauLgov/drii ,� v'� ,�� kN �: � ��1:� �I � � ��- 1. Organization or person seekiug variance: BNSF Railwav Company 2_ Address: 80 44th Avenue NE Minneapolis Minnesota 55421 3. Responsibleperson: Jim Lanier BNSF Railway Company 4. Tit1e orposition: Structures Supervisor S. Telephone: ( 763 ) 782 6. Briefly describe the noise sowce and equipment involved: Noise source : miscellaneous equipment and pile driving operations. Pile driving hammers: Berminghammer B3505; two pile drivers operatinq at the same time. _ 7. Address or legal description ofnoise source: Appro ximately 1100 Raymond Avenue, one block north of the intersection of Enerqy Park Drive and Raymond Avenue. _ 8. Noise source time of operarion: *See below. 9. Briefly describe the steps that will be taken to minimize the noise levels: aPerating two pile ariVers a the same time to minimize time o f elevated noise levels, daylight hours for construction and condensed project schedule to complete construction. 10. Briefly state reason for seeking variance: The nature of the work is above the noise source limitations. 11. Dates during which the variance is requested: February:�2' 2009, to July 31, 2009 Signature of responsible person: _��4�� Date: !- ��2QO� Ma :Few J. C isten5en, TKDA (651) 292-4534 on behalf of BNSF Return completed Application and $150.00 fee to: CTTY OF SAINT PAUL AEPARTMENT OF SAFETY AND INSPECTIONS 375 JACKSON STREET, SUITE 220 SAINT PAUL, MN 55101-1806 (651)266-9090 *Pile driving operations: 7:30 a.m. - 5:30 p.m., Office Use Only Date Rec'd. Reviewed Aate Public Notice Sent Refened to Council Construction activities: 6:30 a.m. - 7:30 p.m., Monday - Saturday Except during change-out windows. AA-ADA-EEO EmploYer a y- iysZ- TKDA EN61NE635 • ARGHiTECTS • PIANNERS TRANSMITTAL 444 CedarSVeet, Sufte 7500 Sairtt Paul, MN 551 0 7-214 0 (657)292-4400 (657) 292-00&? Fax www.tktla.com To: Ciry of Saint Paul Date: 3anuary 6, 2009 Department of Safety and Tnspections Re: Raymond Avenue Bridge 375 Jackson Street, Suite 220 Saint Paul, Minnesota Saint Paul, Minnesota 55101-1806 Proj_ No.: 13957.000 Routing: Copies 5heet No. Description 1 Application for Sound Level Variance 1 Check in the amount of $150.00 in payment of the application fee Transmitted As Checked Below: � As Requested � For Your Information � For Approval � No Exceptions Taken � Correct as Noted � Revise and Resubmit � Other (See Remarks) � For Review and Comment Via: � Regular Mail 0 o��t Remarks: If enclosures are not as noted, ldndly norify us at once. cc: � Courier _ Hour �X Hand Deliver Sent By: � V atthew 7. CYuistensen, P.E., S.E. An Employee Owned CompanyPromoHng AffumaWeAcBon and fqualOpporhmity � �-��z, DSI RECEIPT ,/�8/2a�9 ;ived From: TKDA 444 CEDAR ST STE 15�� ST PAUI MN 55101 Description: Invoice Deqils 636793 Noise Variance TOTAL AMOUNT PAID: Paid By: IPavmentType Check# Received Date , AmoaM 01/08/2009 $150.00 Invoice Amount $150.00 CITY OF SAINT PAUL Departrnent of Safely anE I�speqions 3]5 Jackson Street Smte 220 Sa�MGaul, MmnewW 551�t-180G Phone (651)2669090 Fax(651)266-9t24 w.vx.stpaul.9w/dsi Amount Paid $150.00 $150.00 Page S oS 1