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05-910Council File # ' ��� ��iah q�t,tS�05 Resolution # Green Sheet # 3028183 Presented Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee: Date 2 GVFIEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of 3 noise in the City of Saint Paul; and 4 5 WHEREAS, §293.11 provides for the granting of variances from the sound levellimitations 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 WIIEREAS, the Minnesota Wild, represented by Wayne Peterson, Director of Advertising and Promotions, 10 who has been designated as the responsible person on the application, has appiied for a variance to allow amplified 11 music at Kellogg Boulevard and West Seventh Street (Stage #1), as well as for Walnut Street and West Seventh 12 Street (Stage #2). 13 14 WHEREAS, applicant is seeking a variance for the hours of 4:00 PM to 4:45 PM and 5:45 PM to 6:45 PM 15 for Stage #1 and 4:45 PM to 5:45 PM for Stage #2 for October 5, 2005; and 16 17 WHEREAS, if applicant is not granted a variance it will not be able to present the amplified music for its 18 opening night events; and 19 20 WHEREAS,theOfficeofLicense,Inspections,andEnvironmentalProtectionhasreviewedtheapplication 21 and has made recommendations regarding conditions far the variance; now, therefore, be it 22 23 24 25 26 27 RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the Minnesota Wild, subject to the foilowing conditions: 1) The variance shall be for the hours of 4:00 PM to 6:45 PM on October 5, 2005. 28 2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as 29 measured at the closer of the sound mix or at a distance of 50 feet from the front of the stage. 30 31 32 33 34 35 36 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring between 4:00 PM to 6:45 PM on October 5, 2005, to ensure compliance with Condition #2. 1 4) All electronically powered equipment, PA systems, loudspeakers or sunilar devices shall be turned off 2 no later than 6:45 PM on October 5, 2005. �5.c,1� 3 4 FURTHER RESOLVED, that any violation of the conditions set forth above on October 5, 2005, may 5 result in revocation of the grant of a variance for any subsequent date, in addition to any crimival citation which 6 may be issued. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 �� 34 35 36 37 38 39 40 41 42 43 44 Adopted by Council: 45 46 Adoption Cer 'fied 47 48 sy: i 49 Date (�fU�e-� S���v,� by Council Secretary $� Approve b ayor: � Date $1 L���•�i C S2 By: �-�1- 2 Requested by Department of: Office of License, Inspections and Environmental Protection B ��,��� � �'�� Form roved by City Attorney By: Approved by Mayor for Submission to Council By: � , � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 05- Departmentlofficelcouncil: Date Inkiated: �p -� I 2GSEP-05 � Green Sheet NO: 3028183 Contact Person 8 Phone: Christine A Rozek 266-9108 Must Be on Council Agen Total # of Signature Pages � ue�ra�una�n •••. _ "_ 0 "censellos 6oWEovironPro ps5jgp 1 icense/Ins don/EnvirooPro De artmentDirector Number Z i Attorne For - 3 a or's O �ce Ma or/Assistant Routing Order 4 ouncil 5 i Qerk Ci Clerk (Clip All Locations for Signature) Action Requestetl: Approval of a Resolution autho ri�ino the Minnesota Wiid to hold opening night events on October 5, 2005 at two stages. Stage One will be located at W. 7th and Kellogg and will have live music from 4:00 PM to 4:45 PM and 5:45 PM to b:45 PM. Stage 2 will be located at Walnut Street and West Seventh Sueet and will have live music from 4:45 PM to 5:45 PM. Approve (A) or Reject (R): I Personal Planning Commission CIB Committee Civil Service Commission the Following 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a cily employee? Yes No 3. Dces 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): Council appzoval is necessary under Saint Paul I,egislarive Code Chapter 293.11 for the granting of variances from the sound level limitarions contained in Saint Paul Legisla6ve Code Chapter 293.09. AdvantageslfApproved: DisadvantaqeslfApproved: DisadvanWges If Not Approved: Total Amount of Transaction: Fundinq Source: CostlRevenue Budgeted: Activitv Number: Financial Information: (F�cplain)