10-583Council File # to - S 83
Presented by
I WHEREAS, Chapter 293�t
'_ noise in the City of Saint Paul; and
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Gree� Sheet # 3110677
UTION
�UL, MINNESOTA `�
Paul Legislative Code was enacted to regulate the subject of
� WHEREAS, §293.09 provides for the granting of variances from the sound level limitations
5 contained in �293.07, 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
7
8 WHEREAS, Taste of Minnesota, represented by Dwight Dazio, Site/Production Manager, who has
9 been designated as the responsible person on the application, has applied for a variance to present
10 amplified live music at Aarriet Island Regional Pazk; and
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12 WHEREAS, applicant is seeking a variance for the hours of 11:00 am. to 10:00 p.m., on July 2, 3.
13 4, & 5, 2010; and
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WHEREAS, if applicant is not granted a variance it will not be able to present amplified live music
at Harriet Island Regional Park; 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 granYs a variance to Taste of
Minnesota, subject to the following conditions:
1) The variance shall be for the hours of 11:00 a.m. to 10:00 p.m. on July 2, 3, 4, and 5, 2010.
2) All electronically powered equipment used in conjunction with tbe event shall not exceed 100
dBA, as measured at the sound mix.
3) 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.
4) If the "Target Stage" is to be used, it will be operated in the configuration recommended to
Parks and Recreation in the 2005 Report and Recommendations with respect to the speaker
placement and sound levels.
5) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
tumed off no later than 10:00 p.m. on the event dates (July 2, 3, 4, and 5, 2010).
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FURTHER I2ESOLVED, 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 mi�ht issue.
Yeas Nays Absent
Bostrom
Carter �/
� Harris i /
Helgen �
Lantry �
Stark r /
Thune J
�
Adopted by Council: Date ls�/(� ��G/jJ
Adoption Cerhfied by Cound Secretary
BY / ( /G(J1i�_�f�tf S�in'i
Date l'J/ t-Z-
Requested by Department of Safety and Inspections
B ` �N
Approved by the Office of Financial Services
By:
Approved-b3+ City Atto�
By: �.����,�..� � ,�-
Appro by or for Submiss�� cil
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenVOffice%Council: � Date Initiated: GreQn J�eel� IYO. J� � Ov�7
S � DeQt. of Safety & Inspections 1 � MAY 2010
Contact Person & Pfiorte: �
Mark Kaisersatt
266-1g08
Assign
Must Be on Council Agenda by (Date): Number
02-JUN-�0 P ��� L� / For
_ __�P? ____II����t Routing
Doc.Type:RESOLUTION Order
E-Document Required: Y
DocumentCOntact: KarenOlsort
Contact Phone: 266-9143
� Department � �SentToPerson
0 DeptofSafery&inspections � .___ _ __ __
1 Dep of SafeN & Tnspecflons De 11 arh nent Director _
2 Cit AttorpeV Ci A �
3 .�lavor's ORce !N �odAS;is tant_ _ _
4 Conncil __ _ _ City Coun=1 _ _ _
5 Cit Clerk Cip' Clerk
. .. _ _ _ — _ —_. — _. _ _ — _ __—.__ - _ . _ _ __ _ _ _
Total # of Signa[ure Pages _(Ciip All Locations for Signature)
Action Requested:
approval of a resolution granting Taste of Minnesota an exemption from the sound level limitations m Chapter 293.07.
Recommendations: Approve (A) or Re�ect (R):
Planning Commission
CI6 Committee
Civil Service Commission
-- ------�-------- ---- ��- - -- - --
Personai Service Contracts Must Answer the Following Questions:
1 Has this persoNfirm ever worked under a contrad for this depaRme�t?
Yes No
', 2. Has this person/firm ever been a city employee�
Yes No
3 Does this person/fttn possess a skill not normally possessed by any
, curzent city employee?
' Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): �
Taste of Minnesota, represented by Dwight Dario, has requested an exemption from the sound level limitations in Chapte� 293.07 m
order [o present amplified live musiq with limitat�ous, from 11:00 a.m. to 10:00 p.m. on 7uly 2, 3, 4, & 5, 2010. Chapter 293.09
urovides foc the gcanring of variances from the sound level limitations contained in Chapter 293.07.
Advantages If Appraved:
apphcant may present amplified live music.
DisadvantageslfApproved: �
Ne�ghbors within eazshot of the noise soucce will be subjected to amplified live music.
Disadvantages If NotApproved:
Apphcant may not present amplified live music.
Total Amount of
Transaction:
Funding Source:
Fi nanc ial I nformation:
(Explain)
CosURevenue Budgeted:
Activity Number.
May 14, 2010 11:45 AM Page 1
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CTCY OF SAINT PAUL
Chnsmpher 6. Colemmi, ,Nayor
DEPARTMENT OF SAFECY nND INSPECTIONS
Bab Kessler. Direcmr
375 JacJsan Stree; Suite 220
S¢'vu Pael, Mnmesota 55701-1806
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
Telephane: 651-266 90 9 0
Facsimile: 651-2669724 /'�
Web: wvnv.stpaul&au/dsi
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1. Organization or person seeking variance: ���( O f� �l I AI �,.� r� C� ��
2. Address: Z� Z `c,. �j� Sl'. ST �� t�L_� �(,a. l S`s I��
3. Responsible person: 1 C� t� ti�( A(L 1 C�
4. Titie or posirion: _� i 1''� �(�D� V GT l nA 1 !M ,4 d/�1(��r �.
5. Telephone: ( (� � "! ) t t7 `9 `�iS U
6. Briefly describe the noise source and equipment involved: � U� t�� 5�f S7 /;�
'7. Address or legal description of noise source: E-E G 2 i' 1 f i i� I a r� 1� CG f<' K.
8. Noise source time of operation: t i' 4� tS iG M`" l0. Q� �/Yt '�i � t�
9. Briefly describe the steps that will be taken to minunize the noise levels: �J l; �� S- �"S �I I t'J i� W r
`7iS<<-�vU97'r`� �'C�trti� �z��T� ',�n����Iy f2�'' �2�.� S'r'6H�
10. Briefly state reason for seeking variance: � � 5 T� V � L�
11. Dates during which the variance is
Signature of responsible person:
Return completed Application and $164.00 fee to:
CTTY OF SAINT PAUL
DEPARTMENT OF SAFETY AND INSPECTIONS
375 JACKSON STREET, SUITE 220
SAINT PAITI., MN 55101-1806
(651) 266-9Q90
AA-ADA-EEO $mployer
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DSI RECEIPT
Date: 05/03f20� 0
Received From: TASTE OF MINNESOTA
"1097 PAYNE AVE ST PAUL MN 55730
Description:
Invoice Details
689735
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
�Payment Type Check # Received Date Amount
�heck 5476 05/03/2010 $164.00 - �
lnvoice Amount
S164.00
CITY OF SAINT PAUL
DepartmeM W Safery antl Inspeaions
375 Jackson Streel SuM 220
Sant Paul, Minnew�a 5510'I-�806
Phane'(651)26F89B9 Pan (651)266-9t24
vmw sipaul gw/ds�
Amount Paid
5164.00
$164.00
Page 1 of 1
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President Lantry, members of the council and the hard working city staff ,
my name is 6jerry Berquist 46 Prospect Boulevard, Ward Two Precinct i3. I nm a
vo(unteer with the Oistriet Three Pfanning Counci( or WSCO and presently sit on
their board of Directors. I nm the co-chnir of fihe Environmental Justice
Comrriunity and nlso serve on the Riverfront and Development Committee for the
West Side Commun+ty. I am however speaking for myself and do nat represent, at
th+s time, any officia! comments from the District council. Z wil! be brief.
As you have heard, there is an impact to livability issues in our neighborhood
concerning the continuafiion of fihe Tasie of Minnesotn nt our former neighborhood
park, now a regional entertainment venue at Harriet Island. The severity of the
impact of this event and others on Harriet Island is dependent an many factors
such ns �ocation, years on the West Side, ability to go on vncation, or complete
indifference to the worfd around them.
That being said, there have been comp(aints that have reoched the ears of
Pnrks nnd Recreation, Saint Paul Police Department and our city Council
Representative. The first meeting was at the Wiggington Pavilion and was held
after the 2009 Taste event. The second was heid at Jerabek's Cafe on the West
Side on Apri! 22 of this year. Many of the complaints revolved around the
disruption of the West Side because traffic issues, the closure of Wabasha Bridge
and the intense rerouting of traffic after the fireworks, and the impnct of the
Minnesota Fiighway Patrol Helicopter thnt was hovering aver the West Side for at
lenst 15 minutes before the fireworks, during the fireworks and after to
supposedly assist the Police Department in reducing potential crime from those
undesirables that may in the crowds.
But I digress; today we are here to d'+scuss the noise variance that has been
requested for this event. 100 DB at the sound board is what typically hns been
requested for these iypes of events. (140 db is the threshold of pain) The usual
process is thnt the requestor for the vnriance , in this case the Taste People, will
pay for their variance applicatian aad then communicate with the nppropriate
District Council to let them know that n variance hns been requested and what they
plan on doing and so forth. The sound varinnce then comes to the City Council with
the Cifiy stnff making comments nnd or recommendafiions and the public is given the
opportunity to voice their opposition or support. During thnt city s comment
time, it is mentioned whether or not there were comments fram the impacted
District Council. Is this not correct? Am I missing something in the process as I
understand it or hns the process been modified in some way?
z
The District Three Planning Council or WSCO invitad the Taste People to
nttend our Board of Directors meeting on M� 10 of this year. They refused to
nttend cfaiming that the block club meeting they attended at Jerabek`s was all they
were going to do at this time. What is going on here? Would that excuse or that
behavior be accepted in Highland, in Como, in MacGrovet¢nd, in Mounds Park? Is it
not true that one of the purposes of the D+strict Council system was to provide n
conduit between the Ci#y Government and the local neighborhoods when it comes to
issues of varinnces, building nnd conditional use permits and other items thnt would
impact the livnbility of the neighborhood ? I would {ike to hear if something h¢s
changed in the process so we cnn p(nn accordingfy.
So what is ta be done? Frankly, I would like to see the Cifiy Council reject
this noise variance and send the Taste People back to their lessons on how to be
good neighbors to the West Side. However, I am practicnl nbout the timing of
these items and wou{d be content to have the limits of the noise variance reduced
from 100 db at the sound board to 90 db nt the sound board. This m� provide
some retief to some of the residents of the West Side and may reduce the amount
of future henring loss from those in the audience. It may also send o messnge to
those that request noise variances in the future that direct communications with
the impacted District Councils is expected. No exceptiohs.
And finally, I am passing out a copy of a letter sent to the Police Chief,
Council Member Thune and others concerning a resolution that was passed at the
D+strict Thnee Planning Council's SQ May meeting. As you wi�l read, the Council has
recommended thnt at least one side of the Wabasha Bridge be left open for traffic
nnd that the Police depnrtment severely curtnil the usnge of helicopters for crowd
control nt the Taste of Minnesota Event.
The West Side wi(I not sit on the sidelines while events and issues are being
discussed that impact the I�vability of our neighborhood. 4Ve avoutd apprecinte your
assistance in helping to make our voices heard.
Thanks for your attention.
6jerry Berquist
46 Prospect Blvd
55107