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Approving the application of Xcel Energy, represented by Tony Wendland, Project Manager, for a sound level variance in order to install a new 20 inch natural gas pipeline under West 7th Street and the railroad tracks at the intersection of Duke Street and Colborne Street as part of a pipeline replacement project beginning June 27, 2016 through July 23, 2016.
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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, Xcel Energy, represented by Tony Wendland, Project Manager, who has been designated as the responsible person on the application, has applied for a variance for construction work related to use of various pieces of equipment, including directional drilling equipment to install a new 20 inch natural gas pipeline under West 7th Street and the railroad (RR) tracks at the intersection of Duke Street and Colborne Street as part of a pipeline replacement project; and
WHEREAS, in order to reduce the time required to replace the pipe and minimize disruption to traffic on West 7th Street, area businesses, the public, adjoining residents, and property owners, the applicant is seeking a variance from June 27, 2016 through July 23, 2016 from 7 a.m. to 7 p.m. The requested sound level limit is 88 decibels (dBA) at a 7 meter (22.97 feet) range; and
WHEREAS, if applicant is not granted a variance, Xcel Energy will not be able to operate various pieces of equipment, including directional drilling equipment, including a Horizontal Directional Drilling Guide (HDD) bore rig, and support equipment, such as an excavator and mud machine to complete the installation of a new 20 inch natural gas pipeline under West 7th Street and the RR tracks at the intersection of Duke Street and Colborne Street as part of a pipeline replacement project; 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 Xcel Energy, subject to the following conditions:
1) The variance will be for construction and work using various pieces of equipment, including directional drilling equipment to complete the installation of a new 20 inch natural gas pipeline under West 7th Street and the RR tracks at the intersection of Duke Street and Colborne Street beginning Monday, June 27, 2016, through Saturday, July 23, 2016.
2) Work periods are Monday through Saturday, beginning at 7:00 a.m. and ending at 7:00 p.m. No work will occur on Sundays.
3) 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 evening and early morning hours. Equipment should be fitted with manufacturer’s approved exhaust mufflers. All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at 50 feet from the sound source outside on the street
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
Xcel Energy, represented by Tony Wendland, Project Manager, has requested an exemption from the sound level limitations in Chapter 293.07 for use of various pieces of equipment, including directional drilling equipment to install a new 20 inch natural gas pipeline under West 7th Street and the RR tracks at the intersection of Duke Street and Colborne Street. Project dates are June 27, 2016 through July 23, 2016 from 7:00 a.m. to 7:00 p.m. 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