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10-637Council File # l� Green Sheet# 3115559 Presenred b} i wHEREAS. Chapter 293 of tlie 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 6 constitute an unreasonable hardship on the applicant, other persons or on the communiry; and 8 WHEREAS, Lao Family Community of MN Inc, represented by Ka Houa Yang, President of the 9 Board of Directors, who has been designated as the responsible person on the application, has applied for I 0 a cariance to utilize PA and speaker systems at McMurray Fields, at Lexington Parkway N. and iessamine Avenue W".; and WHEREAS, applicant is seeking a variance for the hours of 8:00 a.m. to 8:00 p.m. on July 3 & 4, 2010; and 16 WHEREAS, if applicant is not granted a variance it will not be able to utilize PA and speaker I i svstems at McMurray Fields; and 18 I 9 WHEREAS, the Department of Safety and Inspections has reviewed the application and has made ?0 recommendations regarding condirions for the variance; now, therefore, be it 21 ,� ,; �� �� �� RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Lao Family Community of MN Ine, subject to the following eonditions: 1) The variance shall be for the hours of 8:00 a.m. to 8:00 p.m., on July 3& 4, 2010; and 27 2) All electronically powered equipment used in conjunction with the event shall not exceed 3� 85 dBA at 50 feet from the music stage from 8:00 a.m. until 8:00 p.m., and sha11 not exceed �9 70 dBA at the soccer field location from 8:00 a.m. until 10:00 a.m., and 75 dBA from 30 >I ?? ;; ;I ;; 36 ;7 >h ;9 10:00 a.m. to 8:00 p.m. as measured at the nearest residential receiver; and 3) The speakers shall be directed away from nearby residences; and 4) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at all locations during the hours of the variance, to ensure compliance with Conditions #2 & #3; and 5) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 8:00 p.m. on July 3& 4, 2010. RESOLUTION � � � �� �3 � t0 FURTHER RESOLVED, that any violations of the conditions set forth above on the first date � 1 may resuit in revocation of the grant of a variance for the subsequent date, in addifion to any �� criminal citation which might issue. �? Requested by Department of: Safety &[nspections BY ; Approved by the Office of Financial Services � Approv City Attomey BY G.� � � �.N � Adopted by Council: Date ��G��2C✓i� Approved! yor �ub � si to Council AdopLOn Certified by Cound Secretary By: � g � Approve ay�or: Date � l B � � �0-63� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Oepartment/OffcelCouncil: Date Initiated: s , Dept.ofSafety&Inspections ZgMAY2010 Green Sheet NO: 3113559 Contact Person & Phone: Mark Kaisersatt 266-1908 Mus[ Be on Council Agenda by ( '16-JUN-'10 Pu13�IC__r[ Doc. Type: RESOLUTION E-DOwmentReqWred: Y Document Con[act: �ren Olson Contact Phone: 266-9143 � Assign Number For Routing Order � Department �_._ Sent To Person __ Initial/Date 0 Deot of SafeN & Iusnections _ 1 �t of Safety & Insoections Deparhnent Director � 2 CiN Attomey Ciri Attomev 3 Mavor's OfFice �1=vodAssistant 4 Council _ _ __ __ " _ CiNCouncii �- --- 5 C�h Clerk ___ _ Citv Clerk ___ -_ . ..._ _.. _.. _.. _____ ____ __ ____._ __ _ ___ Total # of Signature Pages _(Clip All Locations for Signature) - _ .__._ .__.. _ .._ _-_- _ ___ -___.____ .__.— _ _ . . . Action Requested: � Approval of a resolution granting Lao Famity Community of MN Inc., represented by Ka Houa Yang, an exemption from the sound level hm�tations in Chapter 293.07. Recommendations: Approve (A) or Re�ect (R): Planning Commission CIB Committee Crvil Service Commission Personal Service Contracts Must Answer the Following Questions: 1 Has this person/frm ever worked under a contract for this department? Yes No 2 Has this person/firm 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 separate sheet and attach to green sheet. - _ ______ —_— —_ _—___—_ _.—_________—____ __ __ Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Lao Family Commuruty of MN Inc. has requested a sound level vaziance to utilize PA and speaker systems from 8:00 a.m. to 8:00 p.m. on 7uly 3& 4, 2010 at McMurray Fields, at Lexington Pazkway N. and Jessamine Avenue W. Chapter 293.09 provides for the granting of vanances from the sound level limitations contained in Chap[er 293.07. _ . . . . __-- ---- - -- ------- Ativantages If Approved: .4ppLcant may use the PA and speaker systems. - - - - -- - ---- --- -- - - - ----------------- -------- -- --- - - - - - DisadvantagesifApproved: Ne�ghbors within earshot of the noise sources will be subjected to the sounds from the PA and speaker systems. --- - ---- --- --- -- - -- - - - - - - - - Disadvantages If NotApproved: Applicant may not use the PA and speaker systems. Total Amount of Transaction: Funding Source: Fin anci a l I nformati on: (Explain) May 28, 2010 8:39 AM CosURevenue Budgeted: Activity Number: Page 1 ����VE� �134a v 1 ��@� � i w `( e � �/O -(� � CITY OF SALNT PAtiL Chn.�mpher B. Coleman, Marm DEPARTME�T OFSAFECY.4�\DINSPECTIONS BnG Ke�aler. Dueaor 37J lat kmn Strect, Suue 220 Sainl Paul, M�nnesnm JSI07-7306 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul L.eaislative Code 1. Organization or person seeking 2. Mailing Address with Zip Code 3. Responsible person:� 4. Title or position: /�re 5. 5. - na ��J �� 6. Briefly describe the no�se source and equipment involved: /�fl- S� s f z� Gi a—z ,� ,� - 17� P S �rce� � n � I/� �fa,�S �v�fc>„ Gri�-� /� �h-e /�w�-� 7. Address or legal description of noise source: Date 10. Briefly state Signature of responsible person: / i� Return completed Application and $164.00 fee to: CITY OF SAINT PAUL IDEPARTMENT OF SAFETY AND INSPECTIONS 375 JACKSON STREET, SUITE 220 SAINT PAUL, MN 55101-1806 (651) 266-8989 � o� �� Date: � �� >n � Date Pu� Referred NOTE: APPLICATION MUST BE RECEIVED NO FEWER �HAN 30 (THIRTY) DAYS PRIOR TO THE E�ENT DATE AA-ADA-EEO Empioyer ��-� � t � - �-�. �16 �t,� �, t �' ". Xi � �- l y' � C."��` k`' i i} � L . S` s � r � ` „��� � � C��� � � � � �- + ,. � c� H, � 7 �,, .�� � ,A-�� Q �LS� u � �'�� -�.t,��A• 2� U` ; B5 ' r �U Jazz 108.5 Telephnne: 651-266-8989 Facnm�le bi7-2G6-912a Web. «w�c stpaul gno/dct s_ �l �k �Y � � 2010 1 1. Date(s) duri�g which the variance is requested: ",y, �, �-/ � n/ o .. � �, 8. Noise som'ce time of operation: s S� 9. Briefly describe the steps that will be taken to minimize the noise levels: .��r:rx.��rir Date: GS/25/2010 Received From: LAO FAMILY COMMUNITY OF MN INC 320 UNIVERSITY AVE W ST PAUL MN 55103 Description: Invoice DeWils 692137 Noise Variance TOTAL AMOUNT PAID: Paid By: Type I Check # � Received Date � Amount Invoice Amount $164.00 C¢ �0-��3� CITY OF SAINT PAUL �epariment of Safety and InsoeClms 3]5 Jauson StreelSmle 22� Samt Paul, Mlnnesota 55101-0803 Phone (651) 266A989 Fzx (6Y) 2FF-312S wwwstpaul govltls Amount Paid � 7 64 00 $164.00 Page � of 1 10-637 City of St. Paul Dept of Safety and Inspections 375 7ackson St. Suite 220 St. Paul Mn 55101 In regazd to the variance from the sound level lunitations in Chapter 29� of the St. Paul Legislative code, as requested by the Lao Family community for July 3` and 4 we strongly oppose the issuance of any variance. Our home, where we have lived for 21 years, borders Como Pazk. We are directly north of McMurray Fields and absorb the sound coming from the fesrival every year, in addition to the congestion and pollution. That, along with the increased noise that this variance allows, greatly di�iuishes our celebration of our National holiday. The festivai has outgrown the location. Walt and Cathleen Mills 1114 W. Montana Ave. St. Paul, Mn 55108 10-63? June 4, 2010 Mr. Mark Kaiseratt Environmental Health Specialist - City of St. Paul Departrnent of Safety and Inspections 375 Jackson St. St. Paul, MN 55101 Dear Mr. Kaiseratt: Garrett and Katharine Macey 1256 Como Blvd E. St. Paul, MN 55117 Katharine and I are unable to attend the public hearing on the noise variance requested by the Lao Family Community for July 3& 4, 2010, but would iike to file an objection. The variance requests that the Lao Family Community be allowed to utilize PA and speaker systems beginning at 8am and we feel that this is too early for a holiday weekend. Past festivals have begun to broadcast music and event coverage at this hour and we have found it to be disruptive and annoying. We would prefer that the PA systems not be utilized until after 930am on the two days of the festival. Best regards, ett Macey /v Katharine Macey 10-637 S1une 2010 City of St. Paul Department of Safety and Inspections 375 Jackson St. Ste 220 St PauI,MN 55101 Re: Lao Family Community of MN request for sound le3vel variance on July 3& 4, 2010 in Como Park To: Mark Kaisersatt I am writing in opposition to the sound level variance to utilize a PA system during the Hmong Festival in Como Park's McMurray Fields luly 3 and 4, 2010. This yearly festival already causes a severe strain on the park, with incredible traffic congestion, trampling of the park grounds, and large volumes of trash that inevitably escape the fencing or are dropped outside the perimeter. In addition, people loitering in neighboring residential areas and the current music already make this enough of an inconvenience for residence that we do not want additionai decibels of noise. Perhaps it is time for the festival to find another venue in a less urban setting. Gatherings in the park should be fow key enough that nearby residents do not feel the need to flee for a few days to have an enjoyable quiet weekend. Sincerely, J � !�c�GGC' il l —PJ✓� ,✓/� Kathryn mpas � 1Z31 Como Blvd W St. Paul, MN 55103 �_. � �- € 10-637 ' 1494 N. Chatsworth St St. Paul, MI� 55117. June 6, 2010 City of St. Paul Dept. of Safety and Inspections 375 Jackson St., Suite 220 St. Paul, NIN 55101-2806 In this letter we are responding to the Lao Family Community request for a variance from the city's noise ordinance so that they may use PA systems 12 hours a day for two days. We object to this intrusion on our holiday weekend and ask that you decline this request. While we love cultural diversity and encourage all people to maintain their traditions, we have long felt that Como Park is too small, already too congested with visitors, and too close to many neighborhoods for this huge festival. We are able to hear it, all day, without amplification. We live with the traffic and the trash and people taking street parking that our holiday guests could use. We do not need any more of this celebration assaulting our ears or our neighborhood. Sincerely, � �' V� Li_.l'_ /l �l [�� !✓ Anne Kaplan 7ames Moss e �J �l/�v� �� � 10-637 Joyce Brown 1346 East Como Blvd. � St. Paul, MN 55117 June 15, 2010 Mark Kaisersatt . Environmental Heaith Specialist 375 Jackson Street St. Paul, MN 55101 Dear Mr. Kaisersatt, I am writing this letter in response to the "Nouce of Public Hearing" regarding the noise variance for July 3& 4 for Como Park. I am opposed to this variance because of the excessive noise that is created for the enrire weekend. I hear this noise from my house on the the north-east side of the lake. I would not feel this way if it were for a few hours on one day, but this is not the case. This event, which involves thousands of people, crowds out the use of Como Park by the neighborhood residents and surrounding areas. One cannot find a quiet space, or parking space for the weekend. Those of us who do not have cabins or a retr�eat up north should be able to enjoy Como Park on the holiday weekend. ' This event has outgrown Como Park and I would advocate holding it at a venue with more open space in the future. Perhaps the State Fair Grounds or the Narional Sports Center in Blaine have the necessary space to accommodate this growing event. As a resident of St. Paul, I am glad that we have parks and especially Como Pazk. I do not think that any one entity should have primary use of the park for a nauonal holiday weekend. Sincerely, Joyce Brown 10-637 City of St. Paui Department of Safety and Inspections 375 Jackson St., Suite 220 St. Paul, MN 55101-1806 June 4, 2010 Dear City Council, Yesterday we received a letter from the City of St. Paul which was a"Notice of Public Fiearing". We will be unable to attend the meeting on June 16 but because we have lived in the Como Park area (on Chelsea St.; NW corner of the golf course) since 1975 we wanted to participate in the discussion. We calied and spoke to Mark Kaisersatt, the Environmental Health Specialist and he suggested I send you a letter. We never remember getting such a Notice in all these years so were surprised and a bit confused. Como is a beaut'rful and busy Park located in the midst of the city. It is convenient for everyone. Every year the Lao Family Community of MN has had their very large gathering in McMurray Fields on the third and fourth of July. They have been very creative about managing parking and other problems. When I needed to be somewhere at 5:30 A.M. I drove through the Park to get to Lexington St. and it happened to be right� after their celebration. I noticed the men picking up every tiny bit of litter. They must have worked all night! McMurray is right next to the busiest train tracks in the ciiy. There is constant noise from that. Can someone seriously be concerned about noise in this area? In fact one could not possibly announce games or winners without some sort of PA system on those fields. We have never heard a sound from the field at our home. But we can hear the train every 15 minutes (if we care to listen) - but then there are EAR PLUGS. As i said we are � perplexed. This is a Park and if you live next to it (and the Fair Ground) you will have traffic and noise. This "problem" seems to sniff of prejudice. If you don't think the Lao Americans deserve to use the Park on the 4th of July THINK AGAIN. Please consider our disgust at the use of time and tax money to address this non-issue. Are any new Americans as wonderful as our Minnesota Lao families? ' Lets all do whatever we can to make certain they have a great time this 4th of July. Sincerely, Dr. and Mrs. Thomas Nevins l /� �� � U