Title
Approving the application of Xcel Energy for a sound level variance in order to present amplified sound for Xcel Energy infrastructure/utility work on the CP RR Crossing at Eagle Parkway and Shepard Road, from Thursday, May 7 to Thursday, May 21, 2026, on Eagle Parkway from Shepard Road to North Chestnut Street.
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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, § 293.10 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, Xcel Energy ("Applicant"), represented by Jason Alley, Principal Distribution Designer, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of 60.6 dBA at no specified distance from the sound source, to present amplified sound on Eagle Parkway from Shepard Road to North Chestnut Street; and
WHEREAS, in order to meet required completion dates and to minimize disruption to businesses, the public, and adjoining property owners the Applicant has requested a variance for the hours of 7:00 am to 7:00 pm during set-up, with continuous operation (twenty-four hours a day, seven days a week) while tunneling through RR Zone A; and
WHEREAS, if the Applicant is not granted a variance, then the Applicant will not be able to operate general construction/demolition equipment and domestic power tools to perform infrastructure/utility work on Eagle Parkway from Shepard Road to North Chestnut 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 Paul hereby grants a variance to Xcel Energy, subject to the following conditions:
1) The Variance shall be for the hours of 7:00 am to 7:00 pm for set-up, with continuous operation (twenty-four hours a day, seven days a week) while tunneling through RR Zone A, from Thursday, May 7 to Thursday, May 21, 2026, for the Xcel Energy CP RR Crossing at Eagle Parkway and Shepard infrastructure/utility work project.
2) Xcel Energy 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 project.
3) 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 each performing act 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 and within 30 days thereafter. The Applicant shall also conduct a decibel reading during the variance upon request of city staff.
4) All powered equipment such as generators, heavy machinery, pneumatic systems, or similar devices shall be turned off no later than 7:00 pm during set-up, and to minimize noise levels when possible during continuous operation (twenty-four hours a day, seven days a week) while tunneling through RR Zone A, from Thursday, May 7 to Thursday, May 21, 2026, the project dates.
FURTHER RESOLVED, that any violations of the conditions set forth above from Thursday, May 7 to Thursday, May 21, 2026, the project dates, may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue.
Required Background Information
Xcel Energy, represented by Jason Alley, Principal Distribution Designer, has requested a variance from the sound level limitations in section 293.07 in order to present amplified sound, with limitations, from 7:00 am to 7:00 pm during set-up, with continuous operation (twenty-four hours a day, seven days a week) while tunneling through RR Zone A, from Thursday, May 7 to Thursday, May 21, 2026. Section 293.10 provides for the granting of variances from the sound level limitations contained in section 293.07.
Was proper notice given? YES - See Attachments