08-915Council File # L��[ �"j
Green Sheet #3057734
1 WHEREAS, Cha r 293
2 noise in the City of Saint Pa ;
Legislative Code was enacted to regulate the subject of
4 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
5 contained in §293.Q4, upon a finding by the City Council that full comgliance with Chapter 293 would
6 constitute an unreasonable hardsfiip on the applicant, other persons or on the community; and
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WHEREAS, McNally Smith College of Musiq represented by Anabel Wirt, who has been
designated as the responsible person on the application, has applied for a variance to present live music
at 19 Exchange Street East at two lacations_ the first location on the front lawn of the campus, which sits
on the north side of Exchan�e Street between Wabasha and Cedar Streets; the second location on the new
plaza of the Histary Theatre, located at the comer of 10`h Street and Cedar Street; and
WHEREAS, applicant is seeking a variance for the hours of 12:Q0 pm. to S:OQ p.m. on September
1, September 2, September 3, September 4, and September 5, 2008; and
WHEREAS, if applicant is not granted a variance it will not be able to present live music at 19
Exchange Street Bast; 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 McNa11y Smith
College ofMusic, subject to the following conditions:
I) The variance shall be for the hours of 12:00 p.m. to 5:00 pm., on September 1, September 2,
September 3, September 4, and September 5, 2008.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85
dBA, as measured at 50 feet from the noise source.
3) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than 5:00 p.m. on each event date (September 1, September 2, September 3,
September 4, and September 5, 2008).
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�� `'"�'T�--� n`�(B�H; a any vio ahons -- of the conditions set forth above on the September 1,
44 September 2, September 3, September 4, and September 5, 2008 dates may result in derual of future
45 requests for the grant of a noise variance, in addition to any criminal citation which might issue.
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Bost�om
Yeas
Requested by Department of Safety and Inspections
Adopted by Council: Date
✓
Adoprion Certified by Council Secretary
BY a f� ��
Approv� r: d te � �
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gy: LS�'l✓
By � � ��
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Approved by tha Office of Financial Services
By:
Appro y City Attorney
� 1
By:
Approve y yo f r Sub i o i o Co cal
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
LJO� �
S� - Dept.ofSafety&Inspections , 07-AUG-08
� Con[act Person & Phone: � i DeCartment SeM To Person MitiallDate
� Mark Kaisersatt ' � ��, 0 Deot. o(SafeN & Inspecfions '
266-9147
Assign ' 1 Deot of SafeN & Inspec[ions ➢eoarhnent Directqr �
Must Be on Coundl Agenda b (Date): Number 2 Ciry Attornev
20-AUG-OS ��_b' I C 7� eh f 1�" For ,� .
Routing 3 ��1a or's Office MavoNAssistant
Doa Type: RESOLUTION Order �, '�
� 4 Council I �
E-Document Required: Y I
� 5 '�Ciry Clerk � CiN Clerk i
' Document Contact: � I �I
ConWCt Phone:
Total # of Signature Pages _(Clip All Locations for Signature)
wvn neyues�ea:
� qpproval of a resolution granting McNally Smith College of Music, represented by Anabel Wirt, an exemption from the sound ]evei
limitations in Chapter 293.09, in order ro present live music, with limitations, from 12:00 P.M. to 5:00 P.M. from September ]st
through September Sth, 2008.
dations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Gommission
t. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employeel
Yes No
3. Does this Aerson/Erm possess a skitl not normally possessed by any
current city employee?
Yes No
Explain alf yes answers on separate sheet and attach to green sheet
i Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
� Chapter 293.11 providas for the granting of variances from the sound level IimitaYions contained in Chapter 203.09.
AdvanWges If Approved:
Applicant may present live music.
Disadvantages If P.pproved: -
I Netghbors within earshot of the noise source wilt be subjected to music.
Oisadvantages If Not Approved:
Applicant may not p�esent live music.
Transaction:
Funding Source:
Fi nancial I nformati o n:
(Explain)
CosURevenue Budgeted:
Activity Number:
August 1, 2008 4:06 PM Page 1
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- _ - _ - - -_._ - - - - _ - _ DEPAR�CNI -- .r_,_ ._ __-_ _ -
--- ____-____ _ __ _ _ .- _ ' _ _"
— Bob Kessler, Director
CITY OF SAINT PAUL
Christopher B. Co(emm�, Mayor
t P�uCi , M N S�
�' �V�2Ul�S
�5���q
>lved:
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
1. Organization or person seeking variance: �L��� ��t� �9� ��U"��C
��
3. Responsible person:
4. Title or position: �'0 �
6. Briefly describe the noise source and
�° Iz'°"�-e � `
COTiL1�RCEBUILDING
8 Frnvth Streef E., Surte 200
S¢mt Pmd, Mimeesota SSI01-1024
7. Address or legal description of noise source:
8. Noise source time of operation: G�� �10 y�/� — 5 � �
9. Briefly describe the steps that will be taken to m;n;mi;
10. Briefly state reason for seeking
1 l. Dates during�which the variance is
�
the noise
C
Signature of responsible person: Date: �����0 �
Return completed Application and $150.00 fee to:
CTTY OF SAINT PAUL
DEPARTMENT OF SAFETY AND INSPECTIONS
8 FOURTH STREET E., SUITE 200
SAINT PAiTL, MiV 55101-1024
(651) 266-9090
Telephone: 651-26G9090
Factimile: 651-266-9124
Web: wmvstpauLgov/dsi
��
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�
1 l,
1" �
Date Rec' d.
Reviewed
Date Public 1Votice Sent
Referred to Council
Ii
6. Briefly describe the noise source and equipment involved:
We would like to have music from two sources of our property.
The first location will be on the front lawn of the McNally Smith Campus, which sits
on the North side of Exchange Street between Wabasha and Cedar Streets. This
location will have a small set of speakers piaying electric background music.
The second location will be on the new plaza of the History Theatre located at the
corner of 10�' Street and Cedar. This will be an area for a small p.a. system for our
student bands to play for those waiting in line for The Daily Show.
9. Briefly describe the steps that will be taken to minimize the noise levels:
1`he noise levels will be minimized by the following means:
The music on the lawn will be minimized by turning down the volume and
emphasizing to the DJ's that the music is to be lounge/background music and
will be aimed eastward, not facing the residents of Central Towers.
The bands near the History Theatre entrance will be small in number of
performers and the speakers will be aimed away from residential buildings.
Microphone usage will be kept to a minimum at both locations.
10. Briefly state reason for seeking variance:
• McNally Smith and the History Theatre will be a central gathering point
during the Republican National Convention, and we would like to provide to
the City what our students do best - music - showing off the artistic vibrancy
of the city as requested by Mayor Coleman, with our front lawn serving as
their `backstage'. We also expect a large amount of foot ti-afFc near our
campus for the following reasons:
• The Daily Show with Jon Stewart will be airing out of the Theatre nighdy
from September 2°d-ST�, and there will be an audience line of nearly 150-300
peopie forming outside beginning in the early afternoons.
• The Protest Route for the course of the convention splits at 10� and Cedar,
with half the protestors continuing down cedar and the other half continuing
down 10� and then Wabasha. We would like to set the tone of the route as a
fun, relaa�ed event.
• McNally Smith will host food vendors and activities on the front lawn of the
school, as a relaxed picnicking area for powntown residents and visitors
throughout the Convention.
DSI RECEIPT
Date: 07/31/2008
Received From: MCNALLY SMITH COLLEGE OF MUSIC
19 EXCHANGE ST E ST PAUL MN 55101
Description:
Invoice Details
619411
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
ayment Type Check #
�Check -� 57246
Received Date I Amount
07/31/2008 $150.00
Invoice Amount
s�so.00
CITY OF SAINT PAUL
Department of Safety
andinspec4ons
8 Fourth Streel East, Suite 200
Sartrt Paul, MnnesoH 55101-1024
f65t126E9090 Pax f�`t)2669t25
Amount Paid
$�so 00
$�so.00
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