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04-631Covncil File # �� ��� Resolution # Green Sheet #, � �� 1 �� Presented By Referred To COmmittee: Date 1 2 WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in 3 the City of Saint Paul; and 4 5 WI�REAS, §293.11 provides for the granting of variances from the sound level limitations containe3 in 6§293.09, upon a fmding by the City Council that full compliance with Chapter 293 would constitute an 7 unreasonable hardship on an applicant, other persons or on the community; and 8 9 WHEREAS, International Market Place, represented by Toua Xiong, owner, who has been designated as the 10 responsible person on the application, has applied for a variance to allow live music at 217 Como Ave.; and 11 12 WHEREAS, applicant is seeking a variance for the hours of 8:00 a.m. to 7:00 pm. June 26-27, 2004; and 13 14 WHEREAS, if applicant is not granted a variance it will not be able to present live band for their grand 15 opening; and 16 17 WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application 18 and has made recommendations regarding condidons for the variance; now, therefore, be it 19 20 RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Interna6onal Mazket 21 Place, subject to the following conditions: 22 23 1) The variance shall be for the hours of 8:00 a.m. to 7:00 p.m. for June 26-27, 2004 24 25 2) All electronically powered equipment used in conjunction with the event shall not 26 exceed 90 dBa as measured from 50 feet from the noise source 27 28 29 30 31 32 33 34 35 36 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �— � 1 2 3 4 3) The applicant shall provide personnel and equipment who shall provide continuous �� "`3� sound level monitoring between 8:00 a.m. and 7:00 p.m. on the date to ensure compliance with Condition #2. 4) All electronically powered equipment, PA systems, loudspeakers or similaz devices shail be turned off no later than 7:00 p.m. on June 26, 2004 or June 27, 2004. f/1 9 10 11 12 �� 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 BY � �'�/.i/lLs �i��i.l�sUSa� Approved by Mayor: Date " � y" / By: � Requested by Department of: Office of License, Inspections and Environmental Protection ay: �-1 o •�-a9,� C�' �coQ,e J neen E. Rosas, Director Form 7approved by City t rney BY � (/ L�iP✓�� � �� �- Virgin D. Palmer By: 2 Mayor for Submission to Adoption Certified by Council Secretary , Dy- G3 ,• '� Green Sheet Green Sheet Green Sheet Green Sheet Green Shee# (�reen Sheet Depar6nmtloffice/council: Dafie Initiated: � �� -�;�„�o���t � z,.�,Y-� Green Sheet NO: 3017195 Co�tact Pers�� � Ptwne� DeoaRmeM Sent To Person InitiatlDate Janeen Rosas � 0 � i "odEuviron � Z6690�3 Assign 1 iceoseJlnsoecdodEnvironPro DeoarmientDirector � Must Be on Council Agenda by (Date): Number 2 �lv Attornev " 23JUN-04 � i/. For . �� Routing 3 ar's ce Dfa r/Assistant p�� 4 nncil I � 5 ' Qerk Ci Q Topl # of Signature Pages _(Clip All Lopdons for Signature) , Action Requested: Approval of a resolution allowing Toua Xiong, owner, to have live music at 217 Como Avenue on June 26 and Jwe 27, 2004 from 8:00 am to 7:00 pm with conditions. Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission ,1, Has this person/firm ever worked under a contrad for this department? CIB CommiCee Yes No ' Civii Service Commission 2. Has this personlfirm ever been a city employee? Yes No � 3. Does this personlfirm possess a skill not normally possessed by any cunent city empioyee? ' Yes No Explain all yes answers on separate sheet and akach to green sheet _ InitlaBng�Problem, Issues, Opportunity (Who, What, When, Where, Why): Applicant wishes to hoid g[and opening celebra6on with ]ive music June 26-27, 2004. Council ac,rion necessary to allow variances from noise regulations. Advanfa5les If Approved: � DisadvantaAw If Approved: Disadvanqges If NotApproved: Total Amount of Cost/Revenue Budgeted: Transaction: Pundinq Source: Activity Number. � �P�°?r�h �qnf��' Finaneial Information: M i! c � p t . (ExPlain) 1�6�1 �+ 5 �i7Q'6 �� ��� CTTY OF SAINT PAUL Rmtdy C. Ke[ly, Mayor May 24, 2004 TO: FROM: SUBJECT: OFFICE OF LICENSE, INSPECTfONS AND ENVIltONMENTAL PROTECI70N Jmreen B Rosas, Di>ector LOWRYPROFESSIONALBUILDING Te[ephone: 651-266-9090 350 St. Peter Street, Suite 300 Facsimile: 657-266-9124 SaintPoul,�nnesota55702-I510 Web: www.liep.vs Mary Erickson, Council Investigarion & Reseazch Room 310, City Hall Mazk Kaisersatt, R.S. �� Office of License, Inspechons and Environmental Protection Sound Level Variance Store Amiiversary Celebration, 217 Como Ave. Attached is a sound level variance application from Toua Xiong, Owner, representing International Mazket Place, 217 Como Avenue to a11ow a live music per£ormance. A variance is requested for the hours of 8:00 a.m. to 7:00 p.m. for June 26 and June 27, 2004. Enclosed is the copy of the Public Hearing Notice sent to properry owners within 200 feet of 217 Como Avenue. Please have this item placed on the Council agenda for June 23. If you have any questions, feeI free to contact me at 266-9147. Resolution to follow from Chad Kulas. MRK/cmk Attachments c: file � �:, �s����;rr r� ��. � ���� � � "�L� AA-ADA-EEO Employer 6� ���1 CITX OF SAINT PAUL Randy C %I[y, Mayor May 24, 2004 Toua Xiong International Mazket Place 217 Como Avenue Saint Paul, MN 55103 Deaz Mr. Xiong: OFFICE OF LICENSE, 7NSPECTIONS AND ENVIRONMENTAL PROTECTION Janeen & Rosas; Directar LOWXYPROFESS'IONAL BUILDING Telephonc 651-26b9090 350SGPeterStreetSuite300 Facsimi[c 651-266�9I24 Saint Pauy Mnqerota SSIO2-ISIO Web site: liep.us Your applications far variance from the noise source limitarions as indicated in the St. Paul Noise Ordinance (Chapter 293 of the St. Paul Legislative Code) has been received and is being processed. A public hearing before the City Council will be held on June 23, 2004 at 5:30 p.m., 3rd floor City Hall Council Chambers, at the Saint Paul City HalllRamsey Counry Courthouse, 15 West Kellogg Boulevard, Saint Paul, MN 55102. You should be present at the hearing to respond to quesrions that the City Council may haue. After the public hearing the Council may by resolution grant, deny, or modify the variance request. If you have any questions, please feel free to call me at (651) 266-9147. Yours truly, i���G��� � � Mark R. Kaisersatt, R.S. Environmentat Health Specialist II � IC. us c: file 3 � � 0 a. N F. � � a h w F � U G � F 0 .� � > v C� O � y U U d � � m � � �a �� � m �, a >• �N � y " o v� d N �a v o q m T� �'. U O q w F.G °O � � N � O Fz 0 9 F a � v s�'. � 'D .. U .f"� ,�, U ? V � � U O -� � x � � � Vo V � N i ' V � � O � N C, 'r^ £' C�tn 7 • A ~ N O C Y d � � C V O =AFa � a a o n u � d � a� O L i.�i O '� y C o � W N E�� .� v Q N � �" � � d N 's. a „ m y 3� � ti � d� y = U � =aw fl O C � V � d � 0 � M b�� y � � 7 e � .� L q' � �, o w O � L �v � a=a. 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