The URL can be used to link to this page

09-485Amended 5/06/2009 Presented WHEREAS, Chapltr.?��6f t noise in the City of Saint Paul; and Council File # v 1 � �p°l Green Sheet# 3069637 QF SAINT Pi�O'C. MINNESOTA �� Saint Paul L,egislative 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 §293.09, upon a finding by the City Council that full compliance with Chapter 293 would 6 constitute an unreasonable hardship on the applicant, other persons or on the community; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, Music in Mears, represented by Brian Horst, Event Manager, who has been designated as the responsible person on the application, has applied for a variance to present amplified concerts and movies in Mears Park in Lowertown; and WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. to 9:00 p.m. on June 4, ll, 18, & 25 and July 9& 16; and from 6:00 p.m. to 11:30 pm. on July 23 & 30 and August 6, 13, 20 & 27, 2009; and WHEREAS, if applicant is not granted a variance it will not be able to present amplified concerts and movies at Mears Park; and WHEREAS, the Department of Safety and Inspections has reviewed the application and has made recommendations regazding conditions for the variance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Music in Mears, subj ect to the following conditions: 1) The variance shall be for the hours of 6:00 p.m. to 9:00 p.m., on June 4, 11, 18, & 25 and July 9& 16; and from 6:00 p.m. to �34p.m. on July 23 & 30 and August 6, 13, 20 & 27, 2009; and g �� 2) 12 dates are requested by the applicant. No recommendation is being made with respect to the number of days for which variance may be granted; and 3) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA at 50 feet from the sound source from 6:00 pm. until �&89p.m., �^� �s aR e cn r o. �-.,,,, rhA �,.,,,,,t � o�.,.,, i n.nn „.,, ,..,.: i i i.zn .. .,,_ � andy:OA 4) The speakers shall be directed away from nearby residences; and 5) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at all stages and each sound mix during the hours of the variance, to ensure compliance with Conditions #3 & #4; and �' �� 42 43 44 45 46 47 48 49 6) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 p.m. on June 4, 11, 18, & 25, and July 9& 16; and no later than �39p.m. on July 23 & 30 and August 6, 13, 20 & 27, 2009. y.Be FIJRTHER 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. Bostrom Carter Stark Yeas Nays Absent Requested by Deparhnen of: Saf & Inspecrions � �.J �L ✓ � ✓ By: i � �L '� Approved by the Office of Financial Services ! Adopted by Council: Date ��L �C/ j Adoption Certified by Co cil Secretary BY� il `.�S.ar� Approve�l y r: ate� � Z— D BY� /� i By: Appr y City A By � ��' �(szZ�_ Approved by Mayor for Submis �on to Council By: �t�.+�..� /?J�+�..-o y- zt -°'f � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUO�ce/Councii: Datelnitiated: GI�eell Slleet NO 0696 7 SI - Dept. of Safety & Inspections ��_qpR-09 Contact Person 8 Phone: Department SentTo Person Initial/Date Mark Kaisersatt o Deat otSateN & insneceons __ 266-1908 1 Deot• of SafeN & Inspections Department Director _._ __.__ -�— — Assign 2 CiNAttamev �� Must Be on Council Agenda by Number �q7� L 06-MAY-09 PUBu� (fE��/G For 3 Alayor'sOffice �layor/PSSistant __�L -� ------ Routing 4 Coancil _ __ Doa Type: RESOLUTION Order 5 C7ri Clerk __ Citv Clerk _ E-Document Required: Y Document Contact: Karen Olson Contact Phone: 266-9143 Total # of Signature Pages _(qip AII Locations for Signature) Approval of a resolution granting Music in Meazs, represented by Brian Horst, Event Manager, an exemption from the sound level limitations in Chapter 293.09, in order to present amplified concerts and movies, with limitarions, from 6:00 p.m. to 9:00 p.m. on June 4, 11, 18, & 25 and July 9& 16; and from 6:00 p.m. to I 1:30 p.m. on July 23 & 30 and August 6, 13, 20 & 27, 2009. Recommendations� Approve (A) or Reject (R)� Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has ihis person/firm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Iriitiating Problem, issues, Opportunity (Who, What, When, Where, Why): Chapter 293.11 provides for the granting of variances from the sound level limitations contained in Chapter 203.09. AdvantageslfApproved: Apphcant may present amplified concerts and movies. DisadvantageslfApproved: Neighbors within earshot of the noise source will be subjected to amplified music and movies sounds. Disadvantages If Not Approved: Applicant may not present amplified concerts and movies. Total Amount of Transaction: Funding Source: Finan cial I nformati on: (Explain) CostlRevenue Budgeted: Activity Number. *C�� April 17, 2009 824 AM Page 1 CITY OF SAINT PAUL ChrutopherB Coleman, Mayor DEPARTMENT OFSAFETY AND INSPECTIONS Bob Kessler, Director :,`,� � j (/� U�� '� �`) 375 JacJson StreeL Svne 220 Telephone 651-266-9090 SamtPaul,Mlnnesota5510l-I806 Facsimrle� 65l-266-9124 Web: wwn stpaul.gov/ds� U�^� ae .�,.., _ ' r ��' ��...3.�, Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code 1. Organization or person seeking 2. Address: /%7�Cis �nl tiPR 1 � l0pg � ��,� ti /�/l��s/� , h , L _. 's '� wn �i �'� � `fi. � 3. Responsible person: /.S �� u�� li�>is / `�r- ;. V =ti �- 1; �� S ,; _�, . .� 4. Title or position: �ve�� l��,�� Ni' 5 6. Briefly describe the noise source and equipment involved: G�n�nl-f S'E�--.Z� �� y� F S�J�ws �� /�Gl�'+ h�-ifsC�"Q.�S� �a f ��Plr O'� �l. S S�/"r�c'S. ' i � 7. / Address or legal description of noise so NJ��Pic. / t �� ' �� Tb�'�'�, 8. Noise source time of operation: (o — �G�ir� �sri�.rs,c L i 9. Briefly describe the steps that will be taken to m the noise ✓6iO��d' 2i,n� �C.l'�'r:� !'/Jl/ii�La��" .�rfi:;r J�v „ 10. Briefly state reason for seeking � �' �s ��z,� . ,/�.s,� /: �.i 11. Dates during which the variance is — (�G/1-11 L(� �L7a.N 1� J J' /�L�/ i: /�e°' iitzvP �I /.t'��lihY� - � � �/rrF /�Grl Ct%' �� N/'i `zS �%� i �S � � �,��,�� .�,��e y �h,�, � /� ,us�` z�� :�E s�;H. '��/r z �� Signature of responsible person: �_�� Date: %/� %��'� Return completed Application and $164.00 fee to: CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS 375 JACKSON STREET, SUITE 220 SAINT PAUL, MN 55101-1806 (651)266-9090 �'' AA-ADA-EEO Employer s-- c/ �/ �/ �n 4 ( L}�� GLLe ;� �� ,�' � � �� "y' �� Ly � �s�1:k; �... ��.,.- �' . t��.-> ��J / 1 �G�If �^�+ni L � CITY OF SAINT PAUL �epaNnent N Safely and Inspeclions DSI RECEIPT 375JacksonSVeetSwte220 Saint Paul, MNneso�a 55101-i8W Phone (651)266-9090 Faz (65t)266-912d vrv.w stpaui gov/dsi � � �� Date: 04/14/2009 Received From: BRIAN HORST MUSIC IN MEARS PARK 61 DALE ST N APT 3 ST PAUL MN 55102 Description: Invoice Detaiis 647025 Noise Variance TOTAL AMOUNT PAID: Paid By: ayment Type Check # Received Date Amount redit Card 04/14/2009 $164.00 Invoice Amount Amount Paid $164.00 $764.00 $164.00 Paae 1 nf 5 May 07 09 12:37a Airye Condominiums 6512258268 p.1 �� 53 e� �ys STPauI City Council Mark Kaisersatt Fax # 651-266-904Q Subject: Me¢rs Park Movies and Music Thank you for your continuing commitment to Menrs Pctrk and the residenfis who love iti The only noise heard in Menrs Park is the noise of communitv. We gnther in this park as neighbors, young, old and everyone in between. In times such ns this, every community in Minnesota should have the saunds heard in Menrs Park. Violet Arnold, long time resident of The Airye! . 4y �r�s April 30, 2009 City Council, City of St. Paul Department of Safety and Inspections 375 Jackson Street, Suite 220 St. Paul, MN 55101-1806 Dear City Council Members: ��±`d� �aj ;`s,3.i. �qAY Q 1 20�S We are writing to strongly protest the requested variance from the City's noise ordinance sound level limitations to allow amplified music and movies on Thursday nights in Mears Park this summer. We obj ect to the requested exemption for the following three reasons: 1. It will adversely affect the health and welfare of hundreds of residents of the Mears Park area One of the central purposes of government is to protect the health and welfare of its citizens. Noise ordinances exist for this purpose— limiting the hours and levels of noise so that residents may get enough rest, and peacefully enjoy their homes. The proposed exemption will adversely affect the health and welfare of at least hundreds of residents who live adjacent to Mears Pazk and within the area that will be adversely affected by the elevated noise levels at late hours. The activities are proposed on a Thursday night. Most of us work on Fridays, and need to get adequate sleep. We do not believe that elevated noise levels or hours when amplified sound is allowed should be extended on any night, but particularly not on regular work nights, for weeks on end. Our past experience with similar events, and discussions with an acoustical engineer, have confirmed that amplified noise is often as loud or louder up in our unit than it is on the ground. This occurs for two reasons—(1) Loud noises reverberate multipte times from hard surfaces on all of the buildings in the area, maintaining or increasing volumes as the noise rises, and (2) Sound waves penetrate glass windows more easily at an angle than straight on. Therefore, homes several stories and more above the level of the pazk will experience the noise at least as loudly if not mare loudly than those in the park. Loud, amplified baselines in particular echo and reverberate, penetrate windows, and disturb sleep, 2. There is no compelling public purpose that justifies adversely affecting the health and welfare of the hundreds of people who will be impacted by the noise. We could imagine that extending noise levels and hours past the hours specified in the ordinance might be justified to complete emergency repairs or construction work, or meet some other public purpose or need. However, this is not the case for this event. d9 s/�'s The extension of hours will not significantly affect the numbers of attendees, success of the event or benefit the Lowertown/Mears Pazk azea. The event sponsors may want the additional hours to sell additional refreshments or otherwise make more money. This is not a sufficient reason to negatively affect the health and welfare of hundreds of area residents. If those attending the event want to prolong their evening, there are several venues offering music and refreshments in the Mears Pazk Area. It would be a benefzt to area businesses and the Lowertown economy to encourage those attending the events to support local restaurants and bars after 10 p. m., and avoid negatively affecting area residents. The proposed extension sets a bad precedent. If a variance is allowed for this event, what rationale could be used to deny it to many other applicants? More and more late night, noisy events would further erode the quality of life downtown. Downtown residents already experience a wealth of "festival" events throughout the stxuuiier that include amplified music that penetrates our homes for hours and days, and adversely affect the enjoyment of our homes and balconies. We experience the pounding baseline of the Taste of Minnesota for several nights each sununer (yes, it is quite audible more than a mile from Harriet Island, inside our bedroom), as well frequent events on weeknights and weekends in Mears Park and on Harriet Island. Downtown residents deserve at least weeknights of relative peace and quiet during the summer months to enjoy our homes, as do residents of other City neighborhoods who are not impacted by "festivals" and events on many weekdays and virtually every weekend of the suminer. Please put the health and welfaze of thousands of Downtown residents in the Mears Pazk area ahead of the economic benefit to a few event sponsors. Please respect our need for sleep and peaceful enjoyment of our homes. Sincerely, G�^�rw� -��a� * � Sherri Buss and Jeff Clowes 168 East 6�' St. #3401 St. Paul, MN 55101. lD�I e� �`1�'%' � +�(� Cc: Council Member David Thune �, � Q D � � � � � �� ( � � � � � . � � ,� � � 1 �`' � V � � C� � � , .� � ,� . � , � -� - � ` � N � � � � ` � � ��Q ` \ � � . ,� � � " � � �� dy ��s �9- �t�s' Z�VA`Y9VzEA✓1�1� CA`A,'oL S7`iJ�i�YtE 198 Si�t� Street �East, # 60� Saint �auC, 9f�finnesota 5��101-2992 7eCep�one: (651) 291-7�50 �EmazG wcstumme@aoGcom 22 April 2009 Mark Kaisersatt, Community Liaison Department of Safety and Inspections City of Saint Paul 375 lackson Street Saint Paul, Minnesota 55101-1806 Dear Mr. Kaisersatt: Public Hearing: Application for Noise Variance We have received your letter of 20 April inviting responses to the request for amplified concerts in Mears Park this summer. We live in a condominium overlooking Mears Park and past amplified concerts (usually lasting to 50:00 p.m.) have often been excessive and annoying in terms of noise. With respect to the present request for a noise variance for summer concerts and movies, we strongly object in particular to the possibility of events lasting from 6:00 p.m. to 11:30 p.m. on July 23 and 30, and August 6, 13, 20, and 29, 2009. We can see no reason why this variance should be granted since it would be further disruptive of a neighborhood containing a large number of dwelling units and might even present occasional problems in terms of pubiic safety. Sincerely, � c. �t� Wa C. Stumme �� Carol D. Stumme dq-�ys April 21, 2009 Dear Mark ; I cannot deciare loud enough that ,as a residen�e of On the Park Condos, these amplified concerts -not to mention movies until 11:30 - are ruining life for those who live near Mears Park. I am not just speaking for myseif ; I would gladly get up a petition of residents to present to the Ciry Council if I have to. How about showing movies at the theatre in the Galtier Building? How about cutting back on the amplification of the concerts so we can't hear them full blast even with doors and windows closed? I don't think you wouTd like to be unable to sleep in your home because of loud noises. If I can't get any cooperation from you, I will ha�e to resort to other methods. Please consider my pleas. �;� �(JG°'h:� �Connie Nardini 198 6`� St. E. ��'�� 651-293-1972