06-478Council File # ���_�
Resolution #
Green Sheet # ��j03�/o 3,�
RESOLUTION
Presented
Referred To
OF SAINT PAUL, MINNESOTA
Committee: Date
�rJ
1 WHEREAS, Chapter 293 of the Saint Paul T,egislative Code was enacted to regulate the subject of
Z noise in the City of Saint Paul; and
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WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
contained in §293.09, upon a fmding by the City Council that full compliance with Chapter 293 would
constitute an unreasonable hardship on the agpiicant, other persons or on the community; and
WHEREAS, Saint Paul After Aours, represented by Brian Horst, co-founder and President, who
has been designated as the responsible person on the application, has applied for a variance to allow live
music at Mears Park, at the intersection of 5` Stxeet and Wacouta•, and
WHEREAS, applicant is seeking a variance for the hours of 5:00 p.m. to 8:00 p.m. for June 1,
2006; June 8, 2006; June 15, 2006; June 22, 2006; July 6, 2006; July 13, 2006; July 20, 2006; July 27,
2006; August 3, 200b; August 10, 2006; August 17, 200b; and August 24, 2006; 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 Saint Paul
After Hours, subject to the following condirions:
1) The variance shall be for the hours of 5:00 p.m. to 8:00 p.m. for June 1, 2006; June 8, 2006;
June 15, 2006; June 22, 2006; July 6, 2006; July 13, 2006; July 20, 2006; July 27, 2006;
August 3, 2006; August 10, 2006; August 17, 2006; and August 24, 2006;
2) All electronically powered equipment used in conjunction with the event shall not exceed
r 85 dBa, as measured fifty (50) feet from the noise source
3) All electronically powered equipment, PA systems, loudspealcers or similar devices shall be
turned off no later than 8:00 p.m. on June 1, 2006; 7une 8, 2006; June 15, 2006; June 22,
2006; July 6, 2006; July 13, 2006; July 20, 2006; July 27, 2406; Aub st 3, 2006; August
10, 2006; August 17, 2006; and August 24, 2006
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FURTHER RESOLVED, that any violarions of the conditions set forth above on the June 1, 2006;
June 8, 2006; 7une I5, 2006; 7une 22, 2006; 7uly 6, 2006; 3uly 13, 2006; 7uly 20, 2006; 7uly 27, 2006;
August 3, 2006; August 10, 2006; August 1�, 2006; and August 24, 2006, dates may result in denial of
future requests for the grant of a noise variance, in addirion to any criminal citation which might issue.
Requested by Department of:
Office of License, Inspections and
Environmental Protection
By: / '—"` 6 0JL
Bob Kessler, Director
Form roved by City Attorney
Adopted by Council: Date �J%� /,�7DO'(� By: 1
hel Gun s n
Approve syor, for Submission to Council
I
By:
Adoption Certified by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
o�- �� S
DepartmenUoffice(councii: Dafe Initiated:
LP — Lice �ao,�n�o�t oz-�Y-06 Green Sheet NO: 3030635
Corttad Person & Phone:
Mark Kaisersatt
266-9t47
Must Be on
17-MAY-06
I'V b�lU ���
�
Assign
Number
For
Routing
Order
0 "ceosellosoectioNEnviron Pro �
1 i ense/[ns ectiodEnvironPro e arMentDirecfor
2 iri Attornev � I
3 vor's Office MaVOdASSistant �
4 L'�uncil � i
5 .itv Clerk Ciri Clerk �
Total # of Signafure Pages _(Clip All Locations for Signature)
imnauuate
Approval of a resolution granting Saim Paul After Hours, represented by Brian Horst, an exemption from the sound level limitafions in
Chapter 293.09, in order to present live musiq with limitations, on every Thursday in June, July and August, from 5:00 until 8:00 p.m.
idatlons: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
" current city empioyee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity �1Nho, What, When, Where, Why):
CLapter 243.11 provides for the gcanting of variances &om the sound level limirations wnhined in Chapter 203.09.
AdvanWges IfApproved:
5aint Paul After Hours may present live music.
DisadvantageslfApproved:
Neighliors within earshot of Meazs Pazk will be subjected to music.
Disadvantages If Not Approved:
Saint Paul After Hours may not present live music.
Transaction:
Fundinp Source:
Financial 1 oformation:
- (Explain)
Activiry Number:
n _.
�
CosURevenue Budgeted:
MAY 3 20�6
A. !
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OFFICE OF LICENSE, INSPEC770NS AND
ENV7RONMENTAL PROTECLION
Jmieen E Rasos, D'uector ,
CTtY OF SAINT PAUL
Rmidy C. Kel1y, Mayo>
COMMERCEBUILDING Telephone.� 657-?66-9090
BFourd:SlreetE.,Suite200 Facsimile: 651-26�9124
Sa'nttPm�7,MinrsesomSi]01-1024 Web: wmv.7iep.us
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
1. Organization or
2. Address:�L
3. Responsible pei
4. Title or nosition
Pk���
kQ°��'
r � ���
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seeking variance: ST %7..a� /�-���� ��v�r/5 j��S1�e%s G�ec.�'s-�,�,
S�f�ezt �t/��fe �`3 Si . D�L iY/fv s S l�2 ps
5. Telephone: ( fa�S/� Z4�'�; p�s '7
6. Briefly describe the noise source and equipment involved: Ur�'o� r��� .�� �s /sa/�<s f
�,�d !� ���.�l�:e��;�e��f.-�.
,
7. tidaress or iegai descripiion of noise souree: �c'��i3° �ai'/� i�, �wz�-f.,,_�„ �i G'�„�_C
8. Noise source time of operation: 5`��� r? fo c��m
9. Briefly desc A ribe the steps that will / b / e taken to minimize the / noi / se leve e� G-o/ ->, �S ���
�'.' `� .cd i,�, c/�a�/P �.� !1' s F't�/SC !✓r�/ �j c GC�.-P i J �° l'�c i�4 N �i,.n^!.Q
10. Briefly state reason for seeking variance: %n �llw �'� L,� f��sa�c,�-. ��r
11. Dates during which the variance is requested: �'oi-r� s-�e d�-r L,� c�/
�LlNG j �� ��� 15'� / �.ra+ � �� 6 /3 � ZdT=� Z�� � usfi ��� �� f�
/Z Wzel<<-y s�iews f�fz � z��-
Signature of responsible person C- �'�� Date l�� `�/'d 6
Return completed Appiication na d$150.00 fee tQ:
CI�Y OF SAINT PAUL
OFFICE OF LIEP
8 FOURTH STREET E., ST3ITE 200
SAINT PAUL, MN 55101-1024
(651) 266-9090
I�CEyiIEl7 IN L3EP
APR 2 F; 2006
AA-ADA-EEO Employv
Office Use Oniy
Date Rec'd.
Reviewed
Date Public Norice Sent
Referred to Council
��.�1�� - �1,�0��
s���,
rnu
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Date: 05/OtY2006
LIEP RECEIPT
Received From: ST PAUL AFTER HOURS
61 DALE ST N STE 3 ST PAUL MN 55102
Description:
Invoice Details
466215
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
Type � Check #
Received Date � Amount
������
Invoice Amount
$150.00
CfTY OF SAINT PAUL
Office of License, InspecGO�s
antl Environmenial Protection
8 Fa�rtli Street East, SuHe 200
Sairit Paul, Minneso[a 55�07-1024
(657)2669W�F�c (651)266-9724
www.Gi.stpauLm2us�liep
Amount Paid '
$150.00
$150.00
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