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File #: RES PH 22-142    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 6/1/2022
Title: Approving the request for sound level variances for S.J. Louis Trenchless to allow for multiple cure-in-place sewer liner projects at four (4) locations (Lexington Parkway North from University Avenue to Fuller Avenue, Darlene Street from Hoyt Avenue to Larpenteur Avenue, Energy Park Road at Intercampus Transitway, and Palace Avenue from Macalester Street to Snelling Avenue South) in the month of June 2022.
Sponsors: Dai Thao
Ward: Ward - 1
Attachments: 1. Application, 2. ENS, 3. Map Lexington Pkwy N. from University Ave to Fuller Ave, 4. Map Idaho Ave E. and Darlene St. and Hoyt Ave E., 5. Map Energy Park Dr to Raymond Ave and U of MN Transit Way, 6. Map Palace Ave Snelling Ave to Macalester St., 7. Owners list Lexington Pkwy, Fuller-University Area, 8. Owners list Idaho and Darlene St. and Hoyt, 9. Owners list Energy Park Dr to Raymond Ave and U of M Transity Way, 10. Owners list Palace Ave, Snelling Ave to Macalester St, 11. Notice to Owners- Lexington Pkwy N from University Ave to Fuller Ave, 12. Notice to Owners-Darlene St from Hoyt Ave to Larpenteur Ave, 13. Notice to Owners-Energy Park Rd at Intercampus Transitway, 14. Notice to Owners-Palace Ave from Macalester St to Snelling Ave S, 15. Letter to Applicant

Title

Approving the request for sound level variances for S.J. Louis Trenchless to allow for multiple cure-in-place sewer liner projects at four (4) locations (Lexington Parkway North from University Avenue to Fuller Avenue, Darlene Street from Hoyt Avenue to Larpenteur Avenue, Energy Park Road at Intercampus Transitway, and Palace Avenue from Macalester Street to Snelling Avenue South) in the month of June 2022.

 

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, S.J. Louis Trenchless, represented by Pat Hillan, General Superintendent, who has been designated as the responsible person on the application, has applied for four (4) sound level variances, at a requested sound level limit of 100 decibels (dBA) at no specific distance, for sewer construction work, with use of heavy trucks with air compressors, internal generators, back up alarms and hydraulic pumps with sewer lining projects during the month of June, 2022 for the Lexington Pkwy N from University Ave. to Fuller Ave., Darlene Street from Hoyt Ave. to Larpenteur Ave., Energy Park Rd at Intercampus Transitway, and Palace Ave from Macalester St. to Snelling Ave S sites. The project proposes to allow elevated sound levels during one to two nights, one for sewer cleaning and inspection, and one for a sewer lining at each of the four sites, with a sewer liner continuous curing process. Applicant indicates the work period proposed as 8:00 p.m. until 7:00 a.m., with use of heavy equipment, hydraulic pumps, air compressors and hand- held power tools, back up alarms, critically silenced pumps and truck mounted boiler, not to exceed 100 decibels (dBA) at no specific distance; and

 

WHEREAS, in order to meet required City of Saint Paul project completion and to minimize disruption to traffic, area businesses, the public, adjoining residents and property owners, the applicant is seeking the variances; following granting of the variances and notification of property owners/residents within 400 feet of the proposed work location a minimum of forty-eight (48) hours prior to the start of the work, in June, 2022; and

 

WHEREAS, if applicant is not granted the variances, S.J. Louis Trenchless will not be able to operate general construction/demolition equipment and other repair and installation equipment and power tools needed to complete the rehabilitation of deteriorated and corroded damage to the sewer pipes projects at Lexington Pkwy N from University Ave to Fuller Ave., Darlene Street from Hoyt Ave. to Larpenteur Ave., Energy Park Rd at Intercampus Transitway, and Palace Ave from Macalester St. to Snelling Ave S sites in June, 2022.

 

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 the sound level variances to S.J. Louis Trenchless subject to the following conditions:

 

1) The Variances will be for operating general construction/demolition equipment and other repair and installation equipment for replacement, set up and installation of a cured in place sewer lining pipe. Rehabilitation of the deteriorated and corroded damage to sewer pipes is required. Work is to take place at four (4) locations within the City of Saint Paul: Lexington Pkwy N from University Ave to Fuller Ave, Darlene Street from Hoyt Ave. to Larpenteur Ave., Energy Park Rd at Intercampus Transitway, and Palace Ave from Macalester St. to Snelling Ave S, in the month of June, 2022; and

 

1)   The Variances will include one to two nights of overnight work, one for sewer cleaning and inspection, and one for sewer lining at each site, 8:00 p.m. to 7:00 a.m., with use of heavy trucks with air compressors, internal generators and hydraulic pumps during the sewer lining projects during the month of June,2022 at each of the four construction sites.

 

2)  The applicant shall provide personnel and equipment to ensure compliance with the variance conditions. Public Works recommendation is to limit the sound level limits of 80 dBA or less at a distance of 50 feet from the sound source.

 

3)  If the Sound Level Variances are approved, S.J. Louis Trenchless 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.

 

If there is a need for additional overnight elevated noise shifts, S.J. Louis Trenchless must submit an Extended Work Request (EWR) to the Department of Safety and Inspections (DSI). 

 

A.                      S.J. Louis Trenchless must submit an EWR, in writing, to DSI a minimum of four (4) work days before the start date of additional overnight elevated noise shift.

B.                     The request will include, but not be limited to, the specific date, time period, location, operation description and listing of expected noise sources.

C.                     The EWR shall also include the name and phone number of a specific contact person for the work being done.

D.                     Within two (2) working days of receiving the request, DSI, in consultation with the appropriate councilmember, shall review and approve or deny the specific request and forward the determination to S.J. Louis Trenchless.

E.                     If the request is approved, S.J. Louis Trenchless. will notify in writing, all property owners/residents within 400 feet of the proposed work location. Notification shall be a minimum of forty-eight hours prior to the start of the work.

F.                     When an EWR is approved, DSI will provide S.J. Louis Trenchless. with a list of property owners/residents within 400 feet of the work location that are to be notified.

 

FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal citation which might issue.

 

...Required Background Information

S.J. Louis Trenchless, represented by Pat Hillan, General Superintendent, has requested an exemption from the sound level limitations in Chapter 293.07 for operating general construction/demolition equipment and other repair and installation equipment for replacement, set up and installation of a cured in place sewer pipe at four (4) locations. Rehabilitation of the deteriorated and corroded damage to the sewer pipes is required. Locations are Lexington Pkwy N from University Ave to Fuller Ave, Darlene Street from Hoyt Ave. to Larpenteur Ave., Energy Park Rd at Intercampus Transitway, and Palace Ave from Macalester St. to Snelling Ave S, in the month of June, 2022.  Following granting of sound level variances, notification of property owners/residents within 400 feet of the proposed work location a minimum of forty-eight (48) hours prior to the start of the work, in June, 2022 is required. 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

 

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