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Approving the application of Lunda Construction and the City for a sound level variance in order to present amplified sound on October 25-28, 2024, or the alternate dates of November 1-4, 2024, or November 8-11, 2024, or November 15-18, 2024, or November 22-25, 2024, at the intersection of Mounds Boulevard and Kellogg Boulevard East and on Kellogg Boulevard East over Interstate 94.
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WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and
WHEREAS, §293.09 provides for the granting of variances from the sound level limitations contained in §293.07, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hardship on the applicant, other persons or on the community; and
WHEREAS, Lunda Construction and City of St. Paul, represented by Mike Reihl, Project Manager, who has been designated as the responsible person on the application, has applied for a variance, for 80 dBA at no specified distance, to present amplified sound using equipment such as excavators with hydraulic breakers and trucks with back up alarms for the Kellogg/3rd Street Bridge Demolition at the intersection of Mounds Blvd and Kellogg Blvd E and on Kellogg Blvd E over Interstate 94; and
WHEREAS, applicant has requested a variance for the hours of 10:00 p.m. on Friday, October 25, 2024, through 5:00 a.m. on Monday October 28, 2024 for the Kellogg/3rd Street Bridge Demolition;
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at the intersection of Mounds Blvd and Kellogg Blvd E and on Kellogg Blvd E over Interstate 94; 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 Lunda Construction and City of St. Paul, subject to the following conditions:
1) The Variance shall be for only one of the following periods of time the hours of 10:00 p.m. on Friday, October 25, 2024 through 5:00 a.m. on Monday October 28, 2024 for the Kellogg/3rd Street Bridge over Interstate 94 demolition:
- the hours of 10:00 p.m. on Friday, October 25, 2024 through 5:00 a.m. on Monday October 28, 2024, or
- the hours of 10:00 p.m. on Friday, November 1, 2024 through 5:00 a.m. on Monday, November 4, 2024, or
- the hours of 10:00 p.m. on Friday, November 8, 2024 through 5:00 a.m. on Monday November 11, 2024, or
- the hours of 10:00 p.m. on Friday, November 15, 2024 through 5:00 a.m. on Monday November 18, 2024, or
- the hours of 10:00 p.m. on Friday, November 22, 2024 through 5:00 a.m. on Monday November 25, 2024
2) All powered equipment used in conjunction with the construction shall not exceed 95 dBA as measured at 50 feet from the sound source.
3) The applicant shall use best practicable methods for controlling noise, such as, but not limited to noise blankets, shields or portable sound barriers. Construction activities should be scheduled to minimize noise as much as possible.
4) The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of the work and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff, upon request during the variance or within 30 days thereafter. Applicant shall also conduct a decibel reading during the variance upon request of city staff.
5) All equipment, or similar devices shall be turned off no later than 5:00 a.m. on October 28, 2024 for the 10:00 p.m. October 25, 2024 through 5:00 a.m. October 28, 2024 Bridge Demolition construction dates.at the following times:
- no later than 5:00 a.m. on October 28, 2024 for the 10:00 p.m. October 25, 2024 through 5:00 a.m. October 28, 2024 Bridge Demolition construction dates or,
- no later than 5:00 a.m. on November 4, 2024 for the 10:00 p.m. November 1, 2024 through 5:00 a.m. November 4, 2024 Bridge Demolition construction dates, or
- no later than 5:00 a.m. on November 11, 2024 for the 10:00 p.m. November 8, 2024 through 5:00 a.m. November 11, 2024 Bridge Demolition construction dates or,
- no later than 5:00 a.m. on November 18, 2024 for the 10:00 p.m. November 15, 2024 through 5:00 a.m. November 18, 2024 Bridge Demolition construction dates or,
- no later than 5:00 a.m. on November 25, 2024 for the 10:00 p.m. November 22, 2024 through 5:00 a.m. November 25, 2024 Bridge Demolition construction dates or,
6) If the sound level variance is approved, the applicant will notify, in writing, all property owners/residents within 400 feet of the proposed work location. Notice shall be a minimum of forty-eight (48) hours prior to the start of the work.
FURTHER RESOLVED, that any violations of the conditions set forth above on the October 25, 2024 10:00 p.m. through 5:00 a.m. October 28, 2024 Bridge Demolition over Interstate 94 construction dates listed below may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue.
- October 25, 2024 10:00 p.m. through 5:00 a.m. October 28, 2024 or,
- November 1, 2024 10:00 p.m. through 5:00 a.m. November 4, 2024 or,
- November 8, 2024 10:00 p.m. through 5:00 a.m. November 11, 2024 or,
- November 15, 2024 10:00 p.m. through 5:00 a.m. November 18, 2024, or
- November 22, 2024 10:00 p.m. through 5:00 a.m. November 25, 2024, or
Required Background Information
Lunda Construction represented by Mike Reihl, Project Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 10:00 p.m. on Friday, October 25, 2024 until 5:00 a.m., October 28, 2024 during the Kellogg/3rd Street Bridge Demolition work Chapter 293.09 provides for the granting of variances from the sound level limitations contained in Chapter 293.07.
Was proper notice given? YES - See Attachments