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01-431Council File # �l — 'i �� Green Sheet # � 0 3 g�Ce 7 Presented By Referred To Committee: Date WAEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and WHEREAS, �293.11 provides for the granting of variances from the sound level limitations contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hardship on an applicant, other persons or on the community; and WHEREAS, the Cozy Cantina, represented by fierb Howe, President, who has been designated as the responsible person on the application, has applied for a variance to allow live music in the parking lot of the Cozy Cantina on May 5 and 6, 2001 in connection with the celebration of Cinco de Mayo; and WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 6:00 p.m. on May 5 and 6, 2001; and WHEREAS, if applicant is not granted a variance it will not be able to present the live music; and WHEREAS, the Office of License, Inspections, and Environmental Protection 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 the Cozy Cantina to permit live music in the parking lot on May 5 and 6, 2001, subject to the following conditions: 1) The variance shall be for the hours of 12:00 noon to 6:00 p.m. on May 5 and 6, 2001. 2) Al1 electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at the closer of the sound mix or at a distance of 50 feet from the front of the stage. 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring between noon and 6:00 p.m. on both dates to ensure compliance with Condition #2- 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 6:00 p.m. on May 5 and 6 2001. FURTHER RESOLVED, that any violation of the conditions set forth above on the May 5, 2001 date may result in revocation of the grant of a variance for the May 6, 2001 date in addition to any criminal citation which might issue. oi -�E � � Requested by Department of: By: � �; Approved by Mayor: � Date / BY: `fvR.t/��i.i� �JV�`� Form Approved by City Attor � � \ By: f � � Approved by ]ayor for Submission to Council �� By: � By: . 1 Adopted by Council: Date �t 00 � Adoption Certified by Council Secretary � OFFICE oF Date: 04/4/2001 GREEN SHEET ' ' N° 103826 �` Srk R. ICaiseZ' t 266-9147 1 p��r DIRSClOR x2^t muxcxL ,�, 2 zxY ArroxNSS xxr cr.,s�c � ust be on Council Agenda by: �°°^ DTRECII�R ZN. & MGT. SVC- DIR. Y'il 25,2001 P, � rox (oxassxsxawx) OTAL # OF SIGNATIIRE PAGBS 1 (CLIP ALL LOCATIONS FOR SIGNA`TURE) CTION REQUESTED: esolution granting Cozy Cantina a sound level variance from the sound level limitations contained in Chapter 293.09, ECOP4IENDATIONS: APPROVE (A) OR R&JECT (R) BRSONAL SBRVICB CONTRACfS MOST ANSWSR TAS FOLLO➢7ING: PLANNING COMMISSION CIVIL SERVIC£ COMIAISSION 1. Hae the peSSOnf£izm eveY woSked vndCr a ContYaCt £ox this deparCment? CIB COMMITTEE HUSINESS REVZEW C1�UNCIL YES NO STAFF _ Has thie person/firm ever been a City employee? DISTAICT COVAT YSS NO 3. Does this person/firm possesa a akill not normally possessed by any UPPORTS WHICH CpVNCIL OHJ£CTIVB? C11rsEnt City employee? YES NO laia all Y83 aaswere oss a separate,sheet and attacb. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Cozy Cantina has requested a sound level variance for amplified, live band usic in a tent in the parking lot at 202 Concord Street during their Cinco de ayo Festival. The band will play on May 5& 6, 2001 from 12:00 noon to 6:00 p.m. VANTAGES IF APPROVED: ill place conditions that will limit the sound impact on surrounding residential and commercial areas. ISADVANTAGES IF APPROVED: Persons living or working near 202 Concord Street will be able to hear the sounds from the amplified band music. ISADVANTAGES IF NOT APPROVED: The sound level impact on surrounding residential and commercial areas could e greater with no conditions. pplicant may not be able to present the music without exceeding the sound level limitations contained in 293.09. TOTAL AMOUNT OF TRANSACTION S 500 COST/REVENUE BUDGETED YES NO FUNDING SOURCE 320-33350 ACTIVITY NUMBER 0141 FINANCIAL INFORMATION: (EXPLAIN) o��� �������� ���f,r� For staff monitoring and overtime. ��� � 2 ��� � > . Council File # �l — 'i �� Green Sheet # � 0 3 g�Ce 7 Presented By Referred To Committee: Date WAEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and WHEREAS, �293.11 provides for the granting of variances from the sound level limitations contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hardship on an applicant, other persons or on the community; and WHEREAS, the Cozy Cantina, represented by fierb Howe, President, who has been designated as the responsible person on the application, has applied for a variance to allow live music in the parking lot of the Cozy Cantina on May 5 and 6, 2001 in connection with the celebration of Cinco de Mayo; and WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 6:00 p.m. on May 5 and 6, 2001; and WHEREAS, if applicant is not granted a variance it will not be able to present the live music; and WHEREAS, the Office of License, Inspections, and Environmental Protection 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 the Cozy Cantina to permit live music in the parking lot on May 5 and 6, 2001, subject to the following conditions: 1) The variance shall be for the hours of 12:00 noon to 6:00 p.m. on May 5 and 6, 2001. 2) Al1 electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at the closer of the sound mix or at a distance of 50 feet from the front of the stage. 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring between noon and 6:00 p.m. on both dates to ensure compliance with Condition #2- 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 6:00 p.m. on May 5 and 6 2001. FURTHER RESOLVED, that any violation of the conditions set forth above on the May 5, 2001 date may result in revocation of the grant of a variance for the May 6, 2001 date in addition to any criminal citation which might issue. oi -�E � � Requested by Department of: By: � �; Approved by Mayor: � Date / BY: `fvR.t/��i.i� �JV�`� Form Approved by City Attor � � \ By: f � � Approved by ]ayor for Submission to Council �� By: � By: . 1 Adopted by Council: Date �t 00 � Adoption Certified by Council Secretary � OFFICE oF Date: 04/4/2001 GREEN SHEET ' ' N° 103826 �` Srk R. ICaiseZ' t 266-9147 1 p��r DIRSClOR x2^t muxcxL ,�, 2 zxY ArroxNSS xxr cr.,s�c � ust be on Council Agenda by: �°°^ DTRECII�R ZN. & MGT. SVC- DIR. Y'il 25,2001 P, � rox (oxassxsxawx) OTAL # OF SIGNATIIRE PAGBS 1 (CLIP ALL LOCATIONS FOR SIGNA`TURE) CTION REQUESTED: esolution granting Cozy Cantina a sound level variance from the sound level limitations contained in Chapter 293.09, ECOP4IENDATIONS: APPROVE (A) OR R&JECT (R) BRSONAL SBRVICB CONTRACfS MOST ANSWSR TAS FOLLO➢7ING: PLANNING COMMISSION CIVIL SERVIC£ COMIAISSION 1. Hae the peSSOnf£izm eveY woSked vndCr a ContYaCt £ox this deparCment? CIB COMMITTEE HUSINESS REVZEW C1�UNCIL YES NO STAFF _ Has thie person/firm ever been a City employee? DISTAICT COVAT YSS NO 3. Does this person/firm possesa a akill not normally possessed by any UPPORTS WHICH CpVNCIL OHJ£CTIVB? C11rsEnt City employee? YES NO laia all Y83 aaswere oss a separate,sheet and attacb. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Cozy Cantina has requested a sound level variance for amplified, live band usic in a tent in the parking lot at 202 Concord Street during their Cinco de ayo Festival. The band will play on May 5& 6, 2001 from 12:00 noon to 6:00 p.m. VANTAGES IF APPROVED: ill place conditions that will limit the sound impact on surrounding residential and commercial areas. ISADVANTAGES IF APPROVED: Persons living or working near 202 Concord Street will be able to hear the sounds from the amplified band music. ISADVANTAGES IF NOT APPROVED: The sound level impact on surrounding residential and commercial areas could e greater with no conditions. pplicant may not be able to present the music without exceeding the sound level limitations contained in 293.09. TOTAL AMOUNT OF TRANSACTION S 500 COST/REVENUE BUDGETED YES NO FUNDING SOURCE 320-33350 ACTIVITY NUMBER 0141 FINANCIAL INFORMATION: (EXPLAIN) o��� �������� ���f,r� For staff monitoring and overtime. ��� � 2 ��� � > . Council File # �l — 'i �� Green Sheet # � 0 3 g�Ce 7 Presented By Referred To Committee: Date WAEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and WHEREAS, �293.11 provides for the granting of variances from the sound level limitations contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hardship on an applicant, other persons or on the community; and WHEREAS, the Cozy Cantina, represented by fierb Howe, President, who has been designated as the responsible person on the application, has applied for a variance to allow live music in the parking lot of the Cozy Cantina on May 5 and 6, 2001 in connection with the celebration of Cinco de Mayo; and WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 6:00 p.m. on May 5 and 6, 2001; and WHEREAS, if applicant is not granted a variance it will not be able to present the live music; and WHEREAS, the Office of License, Inspections, and Environmental Protection 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 the Cozy Cantina to permit live music in the parking lot on May 5 and 6, 2001, subject to the following conditions: 1) The variance shall be for the hours of 12:00 noon to 6:00 p.m. on May 5 and 6, 2001. 2) Al1 electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at the closer of the sound mix or at a distance of 50 feet from the front of the stage. 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring between noon and 6:00 p.m. on both dates to ensure compliance with Condition #2- 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 6:00 p.m. on May 5 and 6 2001. FURTHER RESOLVED, that any violation of the conditions set forth above on the May 5, 2001 date may result in revocation of the grant of a variance for the May 6, 2001 date in addition to any criminal citation which might issue. oi -�E � � Requested by Department of: By: � �; Approved by Mayor: � Date / BY: `fvR.t/��i.i� �JV�`� Form Approved by City Attor � � \ By: f � � Approved by ]ayor for Submission to Council �� By: � By: . 1 Adopted by Council: Date �t 00 � Adoption Certified by Council Secretary � OFFICE oF Date: 04/4/2001 GREEN SHEET ' ' N° 103826 �` Srk R. ICaiseZ' t 266-9147 1 p��r DIRSClOR x2^t muxcxL ,�, 2 zxY ArroxNSS xxr cr.,s�c � ust be on Council Agenda by: �°°^ DTRECII�R ZN. & MGT. SVC- DIR. Y'il 25,2001 P, � rox (oxassxsxawx) OTAL # OF SIGNATIIRE PAGBS 1 (CLIP ALL LOCATIONS FOR SIGNA`TURE) CTION REQUESTED: esolution granting Cozy Cantina a sound level variance from the sound level limitations contained in Chapter 293.09, ECOP4IENDATIONS: APPROVE (A) OR R&JECT (R) BRSONAL SBRVICB CONTRACfS MOST ANSWSR TAS FOLLO➢7ING: PLANNING COMMISSION CIVIL SERVIC£ COMIAISSION 1. Hae the peSSOnf£izm eveY woSked vndCr a ContYaCt £ox this deparCment? CIB COMMITTEE HUSINESS REVZEW C1�UNCIL YES NO STAFF _ Has thie person/firm ever been a City employee? DISTAICT COVAT YSS NO 3. Does this person/firm possesa a akill not normally possessed by any UPPORTS WHICH CpVNCIL OHJ£CTIVB? C11rsEnt City employee? YES NO laia all Y83 aaswere oss a separate,sheet and attacb. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Cozy Cantina has requested a sound level variance for amplified, live band usic in a tent in the parking lot at 202 Concord Street during their Cinco de ayo Festival. The band will play on May 5& 6, 2001 from 12:00 noon to 6:00 p.m. VANTAGES IF APPROVED: ill place conditions that will limit the sound impact on surrounding residential and commercial areas. ISADVANTAGES IF APPROVED: Persons living or working near 202 Concord Street will be able to hear the sounds from the amplified band music. ISADVANTAGES IF NOT APPROVED: The sound level impact on surrounding residential and commercial areas could e greater with no conditions. pplicant may not be able to present the music without exceeding the sound level limitations contained in 293.09. TOTAL AMOUNT OF TRANSACTION S 500 COST/REVENUE BUDGETED YES NO FUNDING SOURCE 320-33350 ACTIVITY NUMBER 0141 FINANCIAL INFORMATION: (EXPLAIN) o��� �������� ���f,r� For staff monitoring and overtime. ��� � 2 ��� � > .