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05-403Council File # �S � Resolution # Green Sheet # 3026123 CITY Presented Referred To RESOLUTION T PAUL, MINNESOTA COmmltt22: D3t2 �� 2 WIIEREAS, Chapter 293 of the Saint Paul I,egislative Code was enacted to regulate the subject of noise in 3 the City of Saint Paul; and 4 5 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations contained in 6§293.09, upon a finding 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, Plaza Latina, represented by Monica Elias, Organizer, who has been designated as the 10 responsible person on the application, has applied for a variance to allow live music at 925 Payne Ave.; and 11 12 13 14 15 WHEREAS, applicant is seeking a variance for the hours of 11:00 A.M. to 5:00 P.M. for May 8, 2005; and WHEREAS, if applicant is not granted a variance it will not be able to present the live music; and 16 WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application 17 and has made recommendations regarding conditions for the variance; now, therefore, be it 18 19 RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Plaza Latina, subject to 20 the following conditions: 21 22 1) The variance shall be for the hours of 11:00 A.M. to 5:00 P.M. for May 8, 2005. 23 24 25 26 27 28 29 30 31 32 33 2) Ali electronically powered equipment used in conjunction with the event shall not exceed 90 dBa as measured 50 feet from the noise source. 3) The applicant shali provide personnel and equipment who shall provide continuous sound level monitoring between 11:00 A.M. to 5:00 P.M. on May 8, 2005 to ensure compliance with Condition #2. 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 5:00 P.M. on May 8, 2005. 34 FURTHER RESOLVED, that any violations of the conditions set forth above on the May 8, 2005 date may 35 result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might 36 issue. � � s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 05 - �fo3 2 _ _ _ oS- l/03 � Green Sheet GreerrSheet Green Sheet Green Sheet Green Sheet Green Sheet � LP — License/Iospection/EnvimnProt ConWct Pers�n & Phone: Mark Kaisersatt 266-9147 Must Be on Council /�enda by (Date): 04-MAY-0S Pteb�:G f Date Initial 15-APR-05 � Assign Number For Routing Ofdef 0 I 2 3 4 5 Green Sheet NO: 3026123 Decartrnent Sent To Person 'o n " n Pr i e/I "oNEnviron Pro De ar�ent D"u r a 's c Ma or/Assis[ant un ' ;N G1erk � CSty Clerk I Total # of Signature Pages _(Clip All LowHons for Signature) Action Requested: Approval of a Resolution granting Plaza Latina a variance from the noise requiremenu of Chapter 293 of the St. Paul Legislative Code. The event will be held on May 8, 2005 from 11:00 A.M. to 5:00 P.M. '� Recommendations: Approve (A) or Reject :p'c �� PlannSng Commission > ' CIB Committee � � � _ _ Civil Service Commission � Pel'SOnal Service GonVaGts Must Mswer tne Yoliowmg 4luestlons: L Has ihis personlfirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a ciry 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 InitiaUng Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: ' Council action is necessary to grant a variance from the noise requirements in Chapter 293. .;�J�J Disadvantages if Approved: nR ^ `� 1 e4` �t�. Disadvantages If Not Approved: APR 1 4 2005 ' Total Amount of . I Transaction: , Funding Source: i j Financial information: � (Explain) CostlRevenue Budgeted: Activity Number: CiCtkr�il E�Q83arCh Cer�#Bf ' r r : ,� � �4i • N