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06-330Council File # . � —�3 Q y � Resolution # Crreen Sheet # 3030081 RESOLUTION cmr Presented By Referred To Committee: Date 1 VJHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of 2 noise in the City of Saint Paul; and � 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, §293.11 provides for the granting of variances from the sound level lunitations contained in §293.09, upon a finding by the City Councit that full compliance with Chapter 293 would constitute an unreasonable hazdship on the applicant, other persons or on the community; and WHEREAS, the University of St. Thomas, represented by Aaron Macke, who has been designated as the responsible person on the applicarion, has applied for a variance to allow live music at 2115 Summit Avenue; and WHEREAS, applicant is seeking a variance for the hours of 6:00 pm. to 9:00 p.m. for May 12, 2006; and WHEREAS, if applicant is not granted a variance it wiil not be able to present the live music; and WHEREAS, the Office of License, Inspec6ons, and Environmental Protection has reviewed the applicafion 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 University of St. Thomas, subject to the following conditions: 1) 2} 3) The variance shall be for the hours of 6:00 p.m. to 9:00 p.m. for May 1 Z, 2006; All electronically powered equipment used in conjunction with the event sha11 not exceed 90 dBa, as measured fifty (50) feet from the noise source; Amplifiers and speakers shall be directed away from nearby houses. SAINT PAUL, MINNESOTA ��-330 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 82 � All electronically powered equipment, PA systems, loudspeakers or similaz devices sha11 be turned off no later than 9:00 p.m. on May 12, 2006 FURTF�R RESOLVED, that any violations of the conditions set forth above on May I2, 2006, may result in denial of future requests for the grant of a noise variance, in addition to any crimival citation which might issue. Adopted by Council: Date ' � Adoption Certified by Council Secretary BY� �%iil�s �i�.'vSa _ Approved by : Date � `<Z V� By: (��?� Requested by Departinent of: Office of License, Inspections and Environmental Protection BY� �,f����d:Y/V Bob Kessler, D'uector �orn�i roved by ity Attorney By: t f„ pokat BuNa�sw Approved by or, for Submission to Council By: �r � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 0�- 330 DepartmenUotfice/council: Date Initiated: LP — Licensellnspection/EnvironProt ,�-M�-06 Green Sheet NO: 3030081 ConWct Person & Phone: Mark Kaisersatt 2669147 Must Be on Council Agenda by (Date): 05-APR-O6 !"v�j�i� ��`�!`H(� V � Assign Number For Routing Order Deoartment Sent To Person 0 iceose/Ins ecfion/Envirou Pro 1 icense/Ins ection/EnvironPro De arhoentDirector 2 i Attorue 3 a or's Office Ma or/Assisffint .( n�mril 5 i Clerk Ci Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of a resolurion granting the University of St. Thomas, represented by Aaron Macke, an exemption from the sound level lunitations in Ch. 293.09, in order to present live music, with limitations, on May 12, 2006, from 6:00 p.m. unti19:00 p.m. Recommendations: Approve (A) or Reject Planning Commission CIB Committee � Civil Service Commission Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally 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): Chapter 293.11 provides for the granting of vaziances from the sound level limitations contained in Chapter 293.09. AdvantaqeslfApproved: The University of St. Thomas may present live music. DisadvanWges If Approved: Neighbors within eazshot of the University of St. Thomas will be subjected to music. Disadvantages If Not Approved: Students at the University of St. Thomas will not be able to enjoy live music. Total Amount of Transaction: Fundinp Source: Fi nancial Information: (Explain) CostlRevenue Budgeted: Activity Number: f _ � . ': �' RECENED MAR 1 6 2006 ��°�'�P�'� ' t`r'i � �,}�<; � � � ��� OFFICEOFLICENSE,INSPECTIONSAND ���y ENVIRONMENTAL PROTECTION �°+' _(�� Bob Kessler. Dirutor CITY OF SAINT P Chnsmpher 8. Coleman, Mi 0�-3� o Zelephone: 65I-266-9090 Facsim ile: 651-266-9124 Web: www.liep vs Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislauve Code 1. Organization or person seeking 2. Address: /Y1a � � # yG� � ( l � � ����� �� Y` � "�` �` Responsibleperson: �o,c�on fYla ckP V 4. Title or 5. Telephone: (/v 5 I 1 % lo.,l �[a I.3C U 6. Briefly describe the noise source and equipment C: _.._ 7. Address or legal description of noise source: I� i i G�C.) �� �-� � m ��� '�i 1) J`� S v m r�-, �-I J4 �e_ . 8. Noise source time of operation: ( y� n't -�� m 9. Brieflv describe the steps that wiIl ne taken to minimize the noise levels ;�S�n G�P�. S CrcJ (�� L7�� 11. Dates during which the variance is i ��/ /� / Signature of responsible person ' (. % � � Date a � a � , �j �F' � /� `� �� /�d - ��/� �3� COMMERCEBUfLDING ��. 8 Fourth St E, Suue 100 SaintPaul, M"vinesom 5510/-101! 10. Briefly state reason for seeking variance:cl� �� n« i w t�� ,t 5�a vi �t^ t c� ��a �t � i'� 0��33� Return completed Application and $150.00 fee to: CITY OF SAINT PAUL OFFICE OF LIEP 8 FOURTH ST. E, SUITE 200 SAINT PAUL, MN 55101-1024 (651)266-9090 Office Use Only Date Rec'd Reviewed Date Public Notice Sent Refesred to Council noisevar app RevisN 22003 AA-ADA-EEOEmployer , LIEP RECEIPT Date: 03/15/2006 Received From: UNIVERSITY OF ST THOMAS 2115 SUMMIT AVE ST PAUL MN 55105-1048 Description: Invoice Details 461956 Noise Variance TOTAL AMOUNT PAID: Invoice Amount $150.00 CITY OF SAINT PAUL Office of License, Inspections and Environmental Protection jy 33� L�Y e Fo�rtli Street East, Suila 200 Saint Paul, Minnesota 557014024 (651) 266�9090 Fat (651) 2669124 w�wi.ci.stpauLmn.usiliep Amount Paid $150.00 $150.00 Paid By: Type Check # Received Date I Amount Page 1 of 1 SAINi PwUL � AAAA CITY OF SAINT PAUL Christophv B. Co[eman, Mayor March 22, 2006 TO: FROM: SUBJECT: OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Bob Kersler, Director COMMERCE BUILDING 8 Fourth Sveet East, Suue 200 SaintPaul, Minnesom 55101-1024 Mary Erickson, Council Investigation & Reseazch Room 310, Ciry Hall Michael Douglas Office of License, Inspections and Environmental Protection Sound Level Vaziance Live Outdoor Music, University of St. Thomas a� - �30 Telephone: 65l-266-9090 Facsimile: 65/-266-9l24 {(�P.G: N�VW.IIED.LS Enclosed is a sound level variance application from Aaron Macke, representing the University of St. Thomas, located at 2115 Summit Avenue, to allow a live band concert at the University of St. Thomas. A variance is requested from 6:00 p.m. to 9:00 p.m. on May 12, 2006. Enclosed also is the copy of the Public Hearing Notice sent to property owners within 350 feet of 2115 Summit Avenue and the resolution. Please have this item placed on the Council agenda for Apri15, 2006. If you have any questions, feel free to contact me at 266-9131. Very truly y urs � � � Michael Douglas Enclosures b.+'s�'.:'1"`�'..�� !"6�a � Pr _ , �P� � AA-ADA-EEO Employer NOTICE OF PUBLIC HEARING ��,33� St. Paul Property Owner: This is to inform you of a request for a variance from the sound level limitations as indicated in the St. Paul Noise Ordinance (Chapter 293 of the St. Paul Legislative Code). A public hearing before the City Council on this variance request will be held on: Date: April 5, 2006 Time: 5:30 p.m. Location: 3rd floor, City Hall Council Chambers Within fifteen (15) days of the mailing date on this notice, written comments or objections may be filed with the: City of St. Paul, Office of License, Inspections and Environmental Protection, 8 Fourth Street E, Suite 200, Saint Paul, Minnesota 55101-1024. Description of Variance: Noise Source: the U�iversiry of St. Thomas has requested a sound level variance for live music from 6:00 P.M. to 9:00 P.M. for May 12, 2006. Location: 2115 Summit Avenue. If you have any questions, please feei free to call Mark Kaisersatt at (651) 266-9147. AA-ADA-EEO Employer (Mailed 05/26/2005)