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10-407Council File # 10-407 Green Sheet # � 105456 RESOLUTION F Presented by . AUL, MINNESOTA 4% I WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of 2 noise in the City of Saint Paul; and -1 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 fhat fu11 compliance with Chapter 293 would 6 constitute an unreasonable hardship on the applicant, other persons or on the community; and 7 8 WHEREAS, Public Art Saint Paul, represented by Christine Podas-Larson, President, who has 9 ]0 ll 13 li 1� l� 16 U 18 }9 �� ?I �� >> �a ,; ?6 �� �� �q >U il ;? ;> ;-4 3� =6 �. �S 39 -t0 �i 1? been designated as the responsible person on the applicarion, has applied for a variance for a daily presentation in connection with The University Avenue Project, at a vacant lot at 1433 University Avenue W., beginning at twilight and lasting two (2) hours and for a performance on the last Saturday of every month starting at 7:00 p.m. and lasting up until the daily evening perfarmance at twilight for a period going continuously from May 1 thxough October 31, 2010. For the puxpose of this vaziance, twilight is defined as 30 minutes after sunset; and WHEREAS, applicant is seeking a variance for the hours beginning at twilight and Iasting two (2) how�s and for a performance on the last 5aturday of every month starting at 7:00 p.m. and lasting up until the daily evening performance at twilight for a period going continuousty from May 1 through Octobex 31, 2010; and WHEREAS, if applicant is not granted a varia�ice it will not be able ta provide the presentation at 1433 Universify Avenue W.; and WHEREAS, the Department of Safety and Inspections has reviewed the application and has made recommendations regarding condi�ians for the variance; now, therefore, be it RESOLVED, that the Council of the City o£ S.�int Paul hereby grants a variance to Public Art Saint Paut, subject to the following conditions: 1) The variance wi11 be daily, from May 1-Octobex 31, 2� 10, fox a period no longex than two hours afrer twilight and ending no later tha�i 11:30 p.m. and beginning at 7:00 pm. far May 29`�, June 26 July 31 August 28�', September 25'", and October 30`�, 2010 and ending no more than two hours after twilight but no later than I 1:30 p.m. 2) All electronically powered equipment used in conjunction with the event shall not exceed 75 dBA as measured at any point on the North-side of the alley immediately behind 1433 University; however the applicant shall do everything possible to balance the sound level with the size of the crowd to keep the sound level as low as possible below 75 dBA. 3) The applicant shall provide personnel and equipment who shall provide continuous sound lecel monitoring during the hours of the variance, to ensure compliance with Condition #2. 10-407 43 44 45 46 47 �8 49 50 �1 �? �� 54 4) All electronically powered equipment used in conjunctian with the avent shall be tumed off no later than two hours after twilight but no later than 11:30 p.m. on any night. 5) Because of the duration of this event, the applicant will solicit the concerns of the people living in the immediate area around the event and do everything possible to modify the event in keeping with the residents concerns. If this event becomes a significant disturbance for the area, this variance may need to be modified in the future. FURTHER RESOLVED, that any violations of the conditions set forth above may result in modification or revocation of the grant of a variance for the subsequent dates, in addition to any criminal citation which might issue. Bostrom Cdrtet Harris Hel�en Stark ✓ ✓ ✓ Adopted by Coancil. Dare '7�?/�3(J/fJ Adopuon Certified by Counc Secretary sY /�//J//i ��.i�S�// Approv y ayor� Date � Z7 LOlc� 4 By: � � Requested by Department�Safe� Inspections � g�, � v'v Approved by the Office of Financial Services By: � Appr e • Ciry Att� By � i Appro e y�yor for Submiss on to Council By: 10-407 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenVOfffce/Council: ; Date Initiated: � , S � Dept. of Safety & Inspections 05 APR 2010 Contact Person $ Phone: � Mark Kaisersatt 266-1908 - Assign Must Be on Council Agentla by (Oate): � Number 21-APR_10 �u��1C }���.� For Routing Doa 7ype: RESOLUTION � Order E-Documen[ Required: Y Document Contact: Karen Olson ConWct Phone: 266-9143 ' 0 I 2 3 a 5 � Sent To Person Initial/Date ;cNons � �- -�---� - octions _,. _ __Deparhnent Director _ _ - _ - - --�___---_ _ _ ___ ___ __--___- __.- _ _ ___ _ _ Total # of Signature Pages _(Ciip All Locations fo Signat Act�on Re9uested: - — --- - --- --------- - - -- - - - - � -- Approval of a resolution granting Public Art Saiue Panl an exemption &om the sound level IimitaYions m Chapter 293.07. Recommendations Approve (A) or Rejed (R): Planning Commission CIB Committee Qvil Service Comm�ssion Personal Service Contracis Musi Answer the Following Questions: 1. Has this personlfirm ever worked under a contract for this department? Yes No 2 Has this person/firm ever been a cdy employee� Yes No 3 Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain al� yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): V PubUc Art Samt Paul, represented by Christine Podas-Lazson, President, who has been designated as the responstble person on the appl�cation, has applied for a variance for a daily presentation �n connection with The Universiry Avenue Pro7ect, at a vacant lot at I 433 University .4venue W, beginning at twilight and lasring two (2) hours and for a performance on the last Saturday of every month scarting at 1:00 p.m. and lasring up until the daily evening performance at twilighY foc a peciod going continuously from May 1 through Occober 31, 2010. For the purpose of this variance, twilight is defined as 30 minutes after sunset. Chapter 293.07 provides for che granting of vaziances from the soun level li mitation s contai in Cha pter 29 3.07. ___ ___ Advantages If Approved: Applicant may give the amplified presentations. - - - ------- ------------------------- - � Disadvantages If Approved: ��cighbors w�thm earshot of the noise source will be subjected to the amplified presentatious. Disadvantages If Not Approved: Applicant may not give the ampLified presentations. Total Amount of Transaction: Funding Source: Financialinfosmation: (Explain} April 5, 201� 8:46 AM GostfRevenue Budgeted: Activity Number: Page 1 Green Sheet NO: 3105456 C.� � �:,; ez ` . . �1:61F F�O�t:F'UBLSC ART 9f PRUL 6512529�45 CITY OF SATN'I' PAUL Chrismplser B. Coleman, Mayor C�-rc : �� R K K�i I S�� �,4�° Tp:5512669124 10-4�� �EPARTMENT OFSAFETY ANDINSPECTIONS Bnb Ke.rsler, Direcmr 375 Jacksnn Streeq Suiee 220 SoinrPaul, Minnesora 55J0l�l806 r�pplicatian for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul I,egislative Code � i�La . � �� , �fl� ��1� 1. Organization orperson seeking variance: � LIC ��'f" SR WT Q,W t_ 2. Address: oZS� �iFST FDU1�.T71 S"f�f�T ���� � S�ivr PRVL�. M� S5fD) 3. Responsible person: � 1 il1 � QOO 1�15 ° L!�@.$d.0 4. Title or position; (���51 I��NT 5. Te�ephone: 1 L� �)__}__a9 D- 04 'ot I 6. Briefly describe the noise source and equipment involved: �'s.s � 7. Address or legal description of noise source: �y � J V/U � V�� ����1l� s r. P�t �o-rs ,�� ,aH�25 }�V� gLOtK �-9 St�,olotGt4T� �Uo 5 A-dttinn� 8. Noise source time of o�eration: �QQQ.pg�M Ly 7� �O VM — I{ : 3D PM 9. Briefly describe the steps that will be taken to minimize the noise ]evels: �t� .4- t}£.� __ 10. Briefly state reason for seeking variance: S�P_. �--T1�C_bf5'-� I1. Dates during which [he varianc Signature of responsible person: Return campleted Application and $164.04 fee to: CITY OF SAINT PAUL DEPAIiTMENT OF SAFETY AND INSPEC'�IONS 375 JACK50N STREET, SUITE 220 SAINT PAUL, MN 55101-1506 � J„�. (651) 266-9Q9Q / C�.sa � ��'s'� � �'-� �f 0 Y���`� Office Use Only Date Rec'd. Reviewed Date Riblic Notice Sent Referred to Council Talephnne: 65l-2GG•9090 Facsirnile: 65l-266-9 ( 24 WeG� wrow.styauLgovlGs� AA-ADA•EEO Employer ��jQ1STINg rD+JAS�L/4ftSpN hiAR-31-2e1� �1:ri1P FRDM�F'UBLSC AP.T S7 FGUL 651292�345 T0:6512659124 P.2 10-407 Public Art Saint Paul Appiicatinr� for Sound Level Variance Attachment G. Noise source and equipment The site is Iocated at 1433 University Avenue, a farmer Chevy !ot that was purchased by Saint Paul HRA last December. PASP has HRA permissionliicense to use the site from mid-April — mid-November free of charge. There are no buildings or other pieces on the site. Meyer Scherer and Rockcastle Architects (MS&R} generously donated design services to transform the site into a central landmarfc and gathering place. Three things wili happen there: ➢ The Show: Every evening from May 1— October 37, for 2 hours beginning at twilight, Wing's images (45Q) will be projected onto a large screen mounted onto 4� foot cargo containers at the hack of the site, along the alley fence. This wifl be accompanied by a pre-recorded soundtrack by local musicians. We plan to use powerful projectors for this purpose. Sound Equipment: TASCAM CD-lb9 Player, Mackie SRM45Q v2 Active Loudspeaker, Behringer XENYX 802 Mixer ➢ The Entrance: Two 25 foot talt towers in front of the site, along the University Avenue sidawalk, are made from 3 stacked 20 foot cargo containers, In their street facing "caps" will 6e rear projection screcns to show a slowly changing series of images, using 4500 lumen projectors. Nv suund here. ➢ Monthly Ca6aret: On the last Saturday of cach month there will be a community cabaret featuring live music, dance and spoken word performances. Sound Equipment: In addition to equipment listed a6ove, we will use PASP's sound system Fender PD250 for these events. 'PI1ViGLINE: May 1— October 31, 2010 The site will open 1/2 hour before twilight (twilight times ahead: 8:30Iv1ay 1; 9:30 June I..,) The Projection of Wing's images, wilh pre-recorded soundtrack, wi{I begin at twilight and run for 2 hours The site will close 1/2 hour after end of the show each evening CABARE7` DA'TES: May 29`�', June 26`�`, 7uly 31", August 28` September 25` October 30` Cabarets will heing at 7pm and end with the start of the evening's projection (see above). 9. Noise Adatemettt Efforts: We are making every effort to mitigate the noise for neighbors in back of the site (on Sherburne) by directing speakers toward University and containing the sound within the site. We will be sure the soundtrack has consistent levels, so there will not be any huge spikes in sound and we will do a sound check with performers beforc the monthly community events. Throughout the run of the project, we will work with the City staff to test decibe( levels. Neighbors: We have met about the noise issue with the Hamfine Midway Coalition. They are very supportive and are workingwith us to talk directly with immediate neighbors. We are delivering flyers to each of the homes on the south side of Sherburne between Albert and Pascal (see attached) and will provide the with cell phone contact for our site manager in the event sound becomes an annoyaoce issue at any given time. We have already spoken with the neighbor to immediate east (Town House Bar) which is both supportive and enthusiastic a6out the project. 10. Reason for Variance Request: We request the noise variance, upon recommendation of Bob Kessler, because we rnay be a6ove the 55 decibel limit within ] 00 feet of the site at night (at least during the ]ong days of summer when our show will be going on after lOpm). There is already a significant leveI of noise on the site simply by virtue of its iocation along Univcrsity Avenue. We want to ensure that we are taking aIl necessary steps to consider the City's Noise Ordinance and be considerate of neighboring bucinesses and residents by minimizing the sound impact of our site use.