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96-367S — — y � ay��, � Council File #��=_� � 7 Otdinance # creen sheet # 3 s� S'' RESOLUTION fTY SAINT PAl)�, MiNNESOTA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Presented Referred To Committee: Date Wf�REAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and WFIEREAS, Section 293.11 provides for the granting of variances by the City Coimcil upon its finding that fiill compliance with said Chapter would constitute an unreasonable hazdslup on the applicant or other persons in the Community; and WHEREAS, the City of Saint Paul Department of Public Works, Bridge Division has requested a variance on behalf of its Contractor, Lunda Construotion, to allow demolition and reconsuuction of the Wabasha Street Bridge, beginniug on April 15, 1996 and ending on November 1, 1997; and WHEREAS, the above Depactment has requested a variance for the hours of 6:�0 a.m. until 11:00 p.m., Monday through Friday; and WHEREAS, the Office of License, Inspections and Environmental Ptotection has reviewed the application and has made recommendations as set forth herein; now therefore be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the above Department upon the following conditions: 1) 2) The variance shall last from April 15, 1996 through November 1, 1997. The Contractor shall lunit the use of the loudest noise produeing equipment (i.e. jack hacnmers, cranes, pile drivers and other associated construction equipment) to the following times: a) b) c) 6:00 a.m. to 11:00 p.m., Monday through Friday for all constructian activity �cept pile driving, which shall be limited to: 6:30 a.m. to 10:30 p.m., Monday through Friday, from May 1, 1996 tUrough June 28, 1996; and 7:00 a.m. to 9:Q0 p.m., Monday through Friday, from June 28,1996 through November 1, Requested by Department of: • - -..- .. - •,- -:a ii ' �� Adopted by Coun Adoption Certif By: Approved by May By0 - - - - - Bye Council Secretary Fo � � ��L rm Approved by City Attorney �/ � � �� i¢.�r � t� �,2sit � c-. " �-EH � _� By: Approved by Mayor for Submission to Council � By: � v�,-k" Xl,2A� S*,,-��-�,w;�_ —� 1 a y l �[ � Council File #��- 3�� SUBSTZTUTE - A Refetred To RESOLUTION OF SAIN7 QAUL, MINNESOTA Green Sheet # Committee Date 1 FINALLY RESOLVED, that the Saint Paul City Council finds that there will be 2 substantial economic hardship to the City, taxpayers and contractor if this variance 3 is not granted as any constraints greater than [hose stated herein will result in an 4 extension of the unit of time alloeted for construction with resulting cost overruns, 5 increased payroll costs, potential breaches of contracts with subcontractors and 6 prolong the disruption of traffic tlow in downtown Saint Paul, thus perpetuating 7 a continuing adverse effect on travel and commerce. 8 FURTHER AND FINALLY RESOLVED, that the variance granted the contractor hereby is 9 conditional and subject to the continuing review and possible adjustments by the 10 City Council as a part of its oversight of noise pollution. Yeas Na s Absent l3lakey r/ Bostrom � Guerin � Harris � Megard ✓ Rethnan � Thune f � a e Adopted by Council: Date N _� � �1 �g �{ ( - CertiTied by Councii Secretary Qy: ilpproved by Requested by Department of: /.c,/� G (�/OY"�LS . � �-�,„ � ____ By: �J='�7.(.?�.,.ri �' �.t�� Fotm pproved y�� -t--- � By: � Appro y Mayor/�I.Lc _b�ssion to Couuci( � By: �.��-- P i1 �y: � �, OFE'ICE OF LIEP Date: 3/21/96 GREEN SHEET 3` � N° 35154 �� Robert Ressler 266-9112 - 1 EpARTMENT DIRECTOR 3 x� courrcxL 2 irt arroaNex ixz ci.Exx ust b0 on COUncil Agerida by : T DIRECTOR IN. a MGR. SVC. DIR. SAP OR (OR ASSISTANT) OTAL � OF SIGNATIIRB PAGSS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: �pR 2 2 1�96 esolution requesting a Sound Level variance for the City o Saint Paul Dept f Public Works - Bridge Division with conditions. ��rp�S 4FF1Cf COIM7ENDATIONS: APPROVE (A) OA REJECT (R) BRSOt7AL SSRVIC6 CONTRACTS �ST ANSf�It TH6 MLL�RIN6: PLANNING COP4�¢SSION _ CIVIL SERVICE CIXMfISSION 1. Has the person/firm ever worked undet a conttact for this department? CIB CObFIITTE£ _ YES NO STAFF _ Has this person/fitm ever been a City employee7 DISTRICT COURT YES NO 3. Does this person/firm possess a skill not normally pOSSessed by any UPPORTS WHICH COUNCZL OBJECTIVE? Current City employee7 YES NO aia all YF3 answers oa a aeparate aDeat and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Whyj: he City of Saint Paul Department of Public Works - Bridge Division has equested a sound level varianoe for demolition and reconstruction of the abasha Street Bridge, beginning April 15, 1996 through November 1, 1997. The ublic Works has requested that the work hours be Monday through Friday from 6:00 am to 11:00 pm. VANTAGES IF APPROVED: ill allow the City to continue the construction on the Wabasha bridge during xtended hours. ISADVANTAGES IF APPROVED: here will be disruption and inconvenience to nearby comraercial and esidential properties during the hours specified in the resolution. ISADVANTAGES IF NOT APPROVED: It may not be economically feasible or possible to do the work without isruption to nearby properties, and/or it may take longer to aomplete the ork. Shorter hours would require the City to be without a river crossing at abasha Street. OTAL AMOUNT OF TRANSACTION S COSTjREVET3UE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER INANCIAL INFORMATION: (EXPLAIN) � gq,�s .�aew�r s "'3-"'" 8" 3e#z�e .�:.�t;. ��:':'G�'i Rct�•� F� r�� „4. Sfi. ia' � � .. - _ �Ri�°��,�,� Council File #� 3 G r ] Green Sheet # � J � RESOLUTION Al�f'S' PAUL, MINNESOTA Presented By Referred To 6� Committee: Date WI Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject o£ noise in the City of Saint Paul, and WE�REAS, Section 293.11 provides for the granting of variances by the City Council upon its finding that full compliance with said Chapter would constitute an unreasonable hardship on an applicant, other persons on the community, and WHEREAS, The City of Saint Paul Department of Public Works, Bridge Division has requested a variance to allow demolition and reconstruction of the Wabasha Street Bridge, starting April 15, 1996 and ending November 1, 1997, and m � WHEREAS, the ahove Department has requested a variance for the hours of 6:00 a.m. until 11:00 p.m., Monday through Friday, and WHEREAS, the Office of License, Inspection and Environmental Protection has reviewed the application and has made recommendations as set £orth herein; now therefore be it RESOLVED, that the Council of the City o£ Saint Paul hereby grants a variance to the above Department upon the following conditions: 1) The variance shall last from April 15, 1996 through November 1, 1997. 2) The Department shall limit the use of tha loudest noise producing equipment such as jack hammers, cranes, pile drivers and other associated construction equipment to the following times: 6:00 a.m. to 11:00 p.m., Monday through Friday for all construction activity except pile driving which will be limited to: Monday through Friday 7:00 a.m. to 9:00 p.m. �� r �,� nh �� Requested by Department of: Adoption Certified by Council Secretary By: Approved by Mayor: Date By O£fice of License. Insoections and Environmental Protection l��l� r� ` / Adopted by Council: Date Form Approved by City Attorney EST � C IT�IZENS ORGANIZATION April 10, 1996 St. Paul City Council City Hall St. Paul, MN 55102 Dear St. Paul Council Members: 9G- 3G�j 625 Stryker Avenue St. Paul, MN 55107 Phone (612) 2�3-1708 F� (612) 293-0115 The West Side Citizens Council, District 3, wishes to express its concem related to the proposed sound variance request (Resolution 96-367) for demolition and reconstruction of the Wabasha Street Bridge. We congratulate you for your efforts in facilitating this new construction, however are mindful of the impact of the construction on businesses and residents especially on the West Side, created by the continuous loud noise that will be generated from 7 am to 11 pm, Monday through Friday. WSCO requests that you consider more humane hours while still allowing for timely compietion of the project. Sincerel , � Pa ick Leahy, President cc: Anne Briseno, Riverview Economic Development Association Rick Aguilar, Smith-Dodd Business Association q G - 3 G �{ Radisson H O T E L S'f . P A U L I l East Kellogg Boulevard St. Paul, Minnesota 55101 Telephane: (612) 292-2900 Fax: (672) 2Z4-8999 April 10, 1996 Dear City Council Member, The request for a variance from the St. Paul Noise Ordinance by the St. Paul Departmenr of Public Works will do significant harm to the enterprise known as the Radisson Hotel St. Paul. ; During the building period of April 1, 1996 to November 1, 1997, the Radisson Hotel St. Paul will accommodate approximately 500,000 people. 200,000 of these individuals will be overnight guests. We will also e�cperience a minimum of 150 sold out dates. The complaints that we will receive from our guests in regard to early morning and laCe night noise complaints will be legion. These guests will not return to St. Pau1 or the Radisson Hotel St. Paul because of these noise concerns. We implore you not to allow a noise variance before 8:00 AM or after 9:00 PM tMOnday - Rriday) and to allow no variance from the current noise ordinance Saturday and Sunday. Sincerely, ST. PAUL I.�� R. Carr al Manager JRC:ah OFFICE OF LICENSE, INSPECITONS AND ENVIl20NMENTAL PItOTF,CTION �] �! ! � RabertKe.tsler, Director — f � — JV VJ CTTY OF SAINT PAUL Norm Caieman, Mayar IAWRY PROFF.SSIDNAL BUIl.DING Suite 300 350 Si Peter Sveet Sm�rtPauZMmnuota 55702-I510 March 21, 1996 TO: I3ancy Anderson, Council Investigation & Research Room 310, Ci FROM: Peter Kishel Office of Lice , spections and Environmental Protection SUBJECT: Wabasha Street Bridge Construcfion S- Telephane: 61 L2669090 Facamile: 612-26�9099 67L2669124 Attached is a sound level variance application from the City of Saint Paul Dept. of Public Works, Bridge Division for canstruction work involving removing and rebuilding the Wabasha Street bridge. Also attached is a copy of the Public Hearing Notice sent to property owners within 200 feet of The Wabasha Street bridge. Please have this item placed on the CouncIl agenda for April 10, 1996. If you have any questions, feel free to contact me at 266-9133. PTK/ko Attachments '�.5. Qa�.�.n. �t C�� — sl.a.�� ;� `-� � V�t�`�� `^� . Ciiy of Saint Paul Department of Community Services Division oi Public Health Envlror,mental Health Secfton 555 Cedar Street, Saint Paul, MN .,�� --:'�'-'r7 2 � (� _ � } 3' � Qp��o� 55101 �oQ �� 9t,- 3 �� Office Use Only Date Rec'd Reviewed � Date Public Notice Referred to ❑ Sent Council Requires tJoise Impact Siatement � Sound Levet Restrictions . � City of Saint Paul Noise Qrdinance �� -;� Ghapte� 293 ot the Saint Paul legisiath+e Code '— �� _ �,:, TJ :J = Dept. of Public Works/Bridge Diaisi� 1. Organization or Person Seeking Variance - � 2. Address Room 900 City Hall Annex, 25 W. 4th St., St. Paul, MN, 55102N V 3. Responsibie Person Leon Pearson .,. Ke.��e�3a 661$Z 4. Position &ridge Engineer 5. Teiephone z66-6180 6. Briefiy Describe the Noise Source and Equipment Involved Bridge Construckion Equipment (Cranes; jack hammers; pile driving, etc.) 7. Address or Legal Description Of �101SB Source Wabasha Street Bridge over Mississippi River 8. Noise Source Time of Operation 6 r� - il PM Monday - Friday 9. Briefly Describe the Steps taken to Minimize Noise Level from Source. We have incorporated special provisions in the contract bidding documents dealing with overriding specific conflicts such as the Ramsey Adul�'Detention Center. 10. Briefiy State Reasons for Seeking Variance A variance W�li aiiow contractors to work extended hours in order to reduce the amount of time the City wi11 be without a river crossing at Wabasha. 11 Dates during which the V l � Signature of Responslbie Person Return Completed Appllcation an� Environmentai Heaith Section, 555 Cedar sireec, �amt raui, nnrv Make Checks Payabie to the "City of Saint Paul' �SIUI N-1 5/87 /-��, � !�, t f9t � t��-P'ne`�� OFFICE OF LICE?�SE, L�SPECTIO\S AND EI�'VII20?�°!vSEI�TAI.PROTECIIOV � �' � ! n RabertKessleqDirutor �0 � CITY Qr' ,Stl�r PE��. IAP.'RP PROFFS.SIONAL Telephone: 672-266-9090 Narm Coleman, Mayor "BUII.DING FacaimtZe: 612-Z669099 Surte 300 672-2669124 350 St Peter Street SaintPau7,Nlinnesota 55102-ISIO Mazch 21, 1996 City of Saint Paul Dept. of Public Works, Bridge Division 9th Floor, City Ha11 Annex Dear Kevin Nelson, Public WorksfBridge Division: Your application for variance from the noise source limitations as indicated in the St. Paul Noise Ordinance (Chapter 293 of the St. Paul Legislative Code) has been received and is being processed. A public hearing before the City Council will be heid on April 10, 1996 at S:Ofl p.m., 3rd floor City Hall Council Chambers. You should be present at the hearing to respond to quesfions that the City Council may have. After the public hearing the Council may by resoluuon grani, deny, or modify the variance reguest. If you have any questions, piease feel free to call me at 266-9133. Yours tru� �� /%" � / ,✓% eter T. Kishel Safety and I-Iealth Analyst PTK/ko OFFICE OF LICEIVSE, INSPECTIONS AND ENVIRO.v:AgA`TAL PROTECI'ION RobertKessler,Director �� _ /� /� J �r CITY OF SAINT PAUL Norm Caleman, Mayor 7AWRP PROFESSIONAL BUIIDING Suite 300 350St Peter Sbeet SaintPau��nnesata 55102-15I0 Te%phone: 6/Z2669090 Facsimile: 612-266-9099 612-1669124 March 21, 1996 Deaz St. Paui Property Owner: NOTICE P LI HEARIN This is to inform you of an application to request a variance from the sound level limitaflons as indicated in the St. Paul Noise Ordinance (Chapter 293 of the St. Paul LegislaGve Code). A public heazing before the City Council on this vaziance iequest will be held on: Date: April 10, 1996 Time: 5:00 p.m. I.ocation: 3rd Floor, City Hail Council Chambers YVithin efteen (151 days of the mailin�date on this notice written comments or objections may be filed with the: City of St. Paul OfFice of License, Inspections and Environmental Proiection 350 St. Peter Street, Suite 3QQ Saint Paul, Minnesota 55102-1510 Descripdon of Variance: Noise Source: The Ciry of Saint Paul Department of Public Works, Bridge Division is requesting a noise vaziance for demolifion and reconsuuction of the Wabasha Street bridge. The work will be done with cranes,jack hammers, pIle drivers and other heavy construction equipment Monday through Friday, from April I5, 1996 through November 1, 1997, The work activity will be conducted between the hours of 6:00 a.m. and 11:00 p.m. afi n: Wabasha Street bridge, over the Mississippi River please feel free to ca11 me at 266-4133. PTK/ko c: Dave Thune Safety and Heaith Analyst q�- 3b�i From: Peter Kishel To: CCouncil.COUNCIL.nancya Date: 3/15/96 11:37am Subject Noise Variance Public Hearing Nancy, I have recieued a nosie variance application from public wofics for the corrfruction work on the Wabasha Street Bridge. They have requested a variance begining April 15, 1996 through November 1, 1996 and for the hours of 6 a.m. -'I'I p.m., Monday through Friday. f would like to scheduVe the required public hearing before the city council for April 'f 0. Please let me know if this is OK so that f can send out the required notices. Thank you. CC: pechmang 9(� - 3%�7 From: Leon Pearson <leon.pearson@stpaul.gov> To: miscuna.smtp("councilall@sipaul.gov") Date: 4/16l9610:30am Subject Wabasha Noise Ord. Var. I would like to attempt to ciarify the issues surrounding our request for a noise variance for construc[ion purposes. Contractually, the contractor had to bid the project with the knowledge that there was no obligation on the part of the Cily to provide a variance to ihe local noise ordinance. Therefore there is no tegal basis for either a 6me e�ension or for increased cost if the variance is not given. That being said however, I believe it remains in the City's best interest to grant the variance for the foilowing reasons: 1. Due to the requireme�t that the measurement is made 50 feet from the source, it is our opinion that any pi{e driving operation would exceed even the daytime standards. That would seem to lead to a conclusion that the City is imposing an impossible condition on the contractor, which could ultimately play out in a variety of results if an adversarial position is taken. Therefore the pile driving operation (May and June) must be dealt with at a minimum. 2. The likelihood for future legitimate requests for time extensions in a contract of this size on the river remains a concem. LeYs presume for example that next spnng,ther,e is a period of high water that requires the contractor to � r..; . � � cea"se operations fo� 3 Ir✓eeYc$: �ince tl5afwould tie a`feyitirrl�fe delay under the contract, the Ciiy would then be in a �,,� : � n:z.sr*��c' r,�:u c �� . ;, . r pq�ition to either ne�oti��'e.a,�ostihctea�"e'to pro�de ffiF eztra work on the part of the contractor to maintain our Nov. , ��,�r 0197 iwo lane open�rf�q� fel�a"se't�iem frqm that obligation (thus moving the opening to traffic to the ne�ct spring siriCe tfie two lane opening is temperatuFe`related). By working in partnership with the Contractor, and doing whatever we can to a�ssist them in staying wdh what is already a very aggressive sqheduie, it seems to me that we only tS�tter`o6r cRanc.es'oY'�a Novefnb'P� of 1�J95�opening. '� '' " " " " � _ � . � _.. . 1Ne haVe tregn'coiss�`stentty eri�ou'ra�ed to s4�ucture th�'contractir%viltat�v�rv✓a�;pbs'�ibl� limit the time the T�irotS�'t1�H'�6`itldifYg � } sj1 ` bnd�e isGase2{Yo fta[tic:". the Novem�er of 199Z opening re44irement was going to be diffcult to achieye, howeyer we were,relugtant to extend it throU�MtFie�9T-�8�Vi?�"t��.� t � � �c �,..- , ^, -r_ ., �_, . � . � , : � Leon PAarsofi -`�riGg� En ineer � � " � `' ` ' � �� dnd�e Division,'PUblfc �Norfcs D�paftr�ent ` � . - - City of St P u� Minnesota (61�j'g66��'a ;a- t Atur� t� ,t m u . - _ . y � � � , >_ ,_, . � � . . ,.., ._ �,:�>_ .,.,.., �, � 7..,,.� .. �, o, . i ,. . � . . ' ,--.o. �;;�_.`ct;,�:i47:" J4�i._r. :':.: ....^'..,.�.,. . .,.. , _ . � . ,. _�.. .... , , -..�_i«. . . i.S:1 B�I;}t� P:.�C:ni!H;G' 7 t.� `;�'G:� I;J':.�.:..'.: �� . , , . � ' , � , .� , .� . �.,�„�. _ ��._. � �rf� - ,.. _�.. , _ _ . , , CC:` ' misCUrnx:smtp("pamela,wheelock@stpaui.god';'marks... � -..._...�_ _., _. ,� _.. . � � � ,. . _. � ,__� .. .. .......... ...... �... ._,. �- _ � -,n. - rqc �Y:ipEo,';lti /J:.. �J:t,�,.l...._ , ,'O." e ........... .... ...4t`„ �. .,..,. �..... . . . _ � _ .. . � .. � i � :, , � � v .. ,-. . � . : AE _ ,i!! t:` ` �..lilf°_.J • .-,� ii�� iii;. . ' . _