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Approving the application of Visit Saint Paul for a sound level variance for live music and DJs on 7th Street West between Walnut Street and Kellogg Boulevard during the Flugtag Street Party on September 7, 2019.
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WHEREAS, Chapter 293 of the 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 constitute an unreasonable hardship on the applicant, other persons or on the community; and
WHEREAS, Nick Cusick, Marketing & Media Relations Manager, Visit Saint Paul, who is designated as the responsible person on the application, has applied for a variance to provide DJ and live music on 7th Street West outside of Eagle Street Grille, 174 7th Street West; in Burger Moe’s Parking Lot, 242 7th Street West; in McGovern’s Parking Lot, 225 7th Street West; in the street under an overhang in front of Cossetta’s, 211 7th Street West; for live music next to New Bohemia, 222 7th Street West, on Chestnut Street and for a Mechanical Bull Sound System outside of Eagle Street Grille, 174 7th Street West; and
WHEREAS, applicant is seeking a variance, with a sound level request of 100 decibels at 50 feet from the source of all locations from 2:00 p.m. until 11:00 p.m. on September 7, 2019, with outside street and parking lot live music and DJs to cease at 11:00 p.m.; and;
WHEREAS, if applicant is not granted a variance applicant will not be able to provide the use of live music and DJs on 7th Street West: outside of Eagle Street Grille, 174 7th Street West; in Burger Moe’s Parking Lot, 242 7th Street West; in McGovern’s Parking Lot, 225 7th Street West, in the street under an overhang in front of Cossetta’s, 211 7th Street West; for live music next to New Bohemia, 222 7th Street West, on Chestnut Street and for a Mechanical Bull Sound System outside of Eagle Street Grille, 174 7th Street West; 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 Visit Saint Paul, subject to the following conditions:
1)The Variance shall be for the hours of 2:00 p.m. until 11:00 p.m. to provide DJ and live music in the street on West 7th Street on September 7, 2019 outside of Eagle Street Grille, 174 7th Street West; in Burger Moe’s Parking Lot, 242 7th Street West; in McGovern’s Parking Lot, 225 7th Street West; in the street under an overhang in front of Cossetta’s, 211 7th Street West; for live music next to New Bohemia, 222 7th Street West, on Chestnut Street and for a Mechanical Bull Sound System outside of Eagle Street Grille, 174 7th Street West; during the Flugtag Street Party on West 7th Street.
2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at 50 feet from the sound sources outside on the street and in the parking lots from 2:00 p.m. until11:00 p.m. on September 7, 2019.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound mix during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 11:00 p.m. in the street and parking lots on September 7, 2019.
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of the grant of a noise variance for the subsequent date(s), in addition to any criminal citation which might issue.
Required Background Information
Nick Cusick, Marketing and Media Relations Manager, Visit Saint Paul, has requested an exemption from the sound level limitations in Chapter 293.07 in order to provide use of live music, and DJs on the street and in parking lots in an area on 7th Street West between 174 7th Street West and 258 7th Street West during the Flugtag Street Party on September 7, 2019, with limitations. Variance is requested from 2:00 p.m. until 11:00 p.m. in the street and parking lots on West 7th Street, on September 7, 2019. Chapter 293.09 provides for the granting of variances from the sound level limitations contained in Chapter 293.07.
Was proper notice given? YES - See Attachments