Title
Approving the application of Park Construction Company for a sound level variance for the Ramsey County Mill and Overlay Construction Project on Ford Parkway from Mississippi River Boulevard to Howell Street, and on Cleveland Avenue from St. Paul Avenue to Ford Parkway, work to be done overnight, beginning Monday, October 16 through Monday, October 30, 2017.
Body
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, Park Construction Company, represented by Chris Grimes, Project Manager, who has been designated as the responsible person on the application, has applied for a variance, at no specified sound level limit, for construction work related to the overnight mill and overlay construction work on Ford Parkway, Mississippi River Boulevard to Howell Street and Cleveland Avenue from St Paul Avenue to Ford Parkway for the weather dependent, approximate two-week overnight project, and to allow elevated sound levels from 9:00 p.m. until 6:00 a.m. for activities such as asphalt removal, milling and asphalt rollers and paving, skid steer use, back up equipment beeper use, quad axel dump trucks, and street sweepers, and hand power tools, without conducting jackhammering at night; and
WHEREAS, in order to meet required Ramsey County project completion and to minimize disruption to traffic on the described project areas, area businesses, the public, adjoining residents and property owners, the applicant is seeking a 9:00 p.m. until 6:00 a.m. daily overnight variance, at no specified sound level limit, and weather dependent, from Monday, October 16, 2017 until Monday, October 30, 2017; and
WHEREAS, if applicant is not granted a variance, Park Construction Company will not be able to operate general construction/demolition equipment and other repair and installation equipment and power tools needed to complete the required overnight mill and overlay construction work on Ford Parkway, Mississippi River Boulevard to Howell Street and Cleveland Avenue from St Paul Avenue to Ford Parkway; and
WHEREAS, the Department of Safety and Inspections (DSI) 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 Park Construction Company, subject to the following conditions:
1. The variance will be for asphalt activities such as asphalt removal, milling and asphalt rollers and paving, skid steer use, back up equipment beeper use, quad axel dump trucks, and street sweepers, and hand power tools, without conducting jackhammering at night, and construction replacement on Ford Parkway, Mississippi River Boulevard to Howell Street, and Cleveland Avenue from St Paul Avenue to Ford Parkway beginning Monday, October 16, 2017, through Monday, October 30, 2017.
2. The variance will include project night time work, with sound levels from 9:00 p.m. until 6:00 a.m. on October 16, 2017 through October 30, 2017 to be at 70 dBA at 50 feet from the sound source.
3. If the sound level variance is approved, Park Construction Company will notify in writing, all property owners/residents within 400 feet of the proposed work location. Notification shall be a minimum of forty-eight (48) hours prior to the start of the work.
4. If there is an emergency, where immediate work is necessary to restore property to a safe condition or to protect persons or property from an imminent exposure to danger, Park Construction Company or its designee shall notify DSI and make a good faith effort to inform property owners/residents within 400 feet of the work location. Notification to DSI and property owners may be done after the work has begun or, if possible, before the work has started.
5. The contractors working on the project will use best practicable methods for controlling noise such as, but not limited to, noise blankets, shields or portable sound barriers. Construction activities will be scheduled to minimize noise as much as possible in the late night and early morning hours. Jackhammers, pavement breakers, pile drivers and any similar type of equipment should be fitted with manufacturer’s approved exhaust mufflers. Vehicles operating between 10:00 PM and 7:00 AM should be equipped with ambient sensitive back-up warning devices or similar devices. Back-up observers, in lieu of back-up warning devices, should be considered if allowed by Federal or State regulations. When practical, loud activities will be performed during the day.
FURTHER RESOLVED, that any violations of the conditions set above may result in the cancellation of the variance for any remaining dates and in the denial of future requests for the granting of a sound level variance, in addition to any criminal citation which may be issued.
Required Background Information
Park Construction Company, represented by Chris Grimes, Project Manager, has requested an exemption from the sound level limitations in Chapter 293.07 for an Overnight Ramsey County Mill and Overlay Project, with asphalt removal, milling and asphalt rolling and paving, skid steer use, back up equipment with beeping devices, quad axel dump trucks, street sweepers and hand power tools, without conducting jackhammering at night on Ford Parkway from Mississippi River Boulevard to Howell Street and Cleveland Avenue from St Paul Avenue to Ford Parkway, weather dependent, beginning Monday, October 16, 2017, through Monday, October 30, 2017.
Was proper notice given? YES - See Attachments