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06-482Council File # �f��p y��/ Resolution # Green Sheet # v'0..�.� 3 RESOLUTfON CITY OF SAINT PAUL, MINNESOTA Presented Refened To Committee: Date � i WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of 2 noise in the City of Saint Paul; and 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, §29311 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 applicant, other persons or on the community; and WHEREAS, The Vintage, Inc., represented by Dan Nelsen, General Manager, who has been designated as the responsible person on the application, has applied for a variance to allow live music at 579 Selby Avenue; and WHEREAS, applicant is seeking a variance for the hours of 3:00 p.m. to 10:00 p.m. for May 20, 2006; and WHEREAS, if applicant is not granted a variance it wili not be able to present the live music; and WHEREAS, the Office of License, Inspecrions, and Environmental Protection has reviewed the applicarion 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 Vintage, Inc., subject to the following conditions: 1) 2) 3) The variance shall be for the hours of 3:00 p.m. to 10:00 p.m. for May 20, 2006 All electronically powered equipment used in conjunction with the event shal] not exceed 90 dBa, as measured fifty (50) feet from the noise source All electronically powered equipment, PA systems, loudspeakers ar similar devices shall be turned off no later than 10:00 p.m. on May 20, 2006 Vip — 'TO � 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 7? 78 79 80 81 82 83 84 85 86 87 88 89 FURTf3ER RESOLVED, that any violarions of the conditions set forth above on the May 20, 2006 dates may result in denial of fuhue requests for the grant of a noise variance, in addition to any criminal citation which might issue. Adopted by Council: Date �� /9 a?dl/G 0 Adoption Certified by Council Secretary : •.. : Requested by Department of: Office of License, Inspecrions and Environmental Protection By: ����4Q'zF�C/ Bob Kessler, Director Form oved b� City Attorney By: Ra 1 Gunders T Appr ve y ay , for Submission to Council By: _ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D(A-�fS1.J� DepartmenUofflce/council: Date Initiated: � � -L;�„S�ao��,.;,nn�� 2&,�R-� Green Sheet NO: 3030583 Conqd Person & PBone: Deoarhnent SentTo Person InitiaUDffie Mack KaiseYSatt `� 0 �o ¢vir n Pro i 266-9747 p i rt ti/F " o Pro � Deoarhnen[Director I i Must Be on Council Agenda by (Date): Number q ttorne � 17-MAY-06 For Rou6ng 3 a r's ffice Ma odAssistant I � y �,{ Order A ounci{ PU 1 f. VlI e � 5 i Clerk Ci Clerk uN� �«i� � Total # of Signature Pages _(Clip All Lowtions for Signature) Action Requested: Approval of a resolution granting The Vintage,lnc., represented by Dan Nelsen, an exemption from the sound level limitations in ch. � 293.09, in order to present live musiq with limitaGons, on May 20, 2006, from 3:00 p.m. to 10:00 p.m. I Recommendalions: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: � Planning Commission 1. Has this person/firm ever worked under a wntract for this department? CIB Committee , Yes No Civil Service Commission 2. Has this personJfirm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any cuRent city emptoyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Chapter 29311 provides for the granting of variances from the sound level 1'unitations contained in Ch. 293.09. Advanpqes If Approved: The Vintage may present live music. DisadvantaqeslfApproved: I Neighbors within eazshot of the Vintage will be subjected to music. DisadvanWpes If Not Approved: The Vintage may not present live music. Total Amount of CosURevenue Budgeted: � Transaction: Funtlinp Source: Activity Number. � �,�&�f�� {, Finaucial Information: (Explain) MAY O 2 Z�O� � �' �� � h W ..a� �/�i i v �J Y� `,.� t ``"� :" �nr �� A� Date: 04/26/2006 LIEP RECEIPT Received From: THE VINTAGE INC dba: THE VIN7AGE 579 SELBY AVE ST PAUL MN 55102-1730 Description: Invoice DeWils 465311 Noise Variance TOTAL AMOUNT PAfD: Paid By: Page 1 of 1 Invoice Amount $150.00 CITY OF SAINT PAUL O(fice of License, Inspections and Environmeniel ProteCbon 8 Fourth Street East, Sude 200 Stint Paul, Minnesola 5510t-1024 (657) 2669090 Fae (65t) 266�9124 www.ci.stpaul.mn, uyliep D� -��a� Amount Paid $150.00 $150.00 OFF7CE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROiECTION Bab Kessler, Di�utor ` n�-Lf �� 1. Organi2ation or 2. Addrecs� �7 3. Responsible per 4. Title or position 5 CI� �F SA�r PA�. COMMERCE BUILDlNG Tefephoar. 651-266-9090 Chrumpher B. Cofeman, Mayor 8 Fourth St E, Surte 100 Fe�mIIc bSld66-9724 SaintPaul,MUnesom5510/-7024 Web: www.&ep.us Application for Sound Level Variance City of Saint Paui Noise Ordinance Chapter 293 of the Samt Paul L,egislarive Code A `� � �� � V'\eµ ���� �tKYNilO�. �}�550C�� 6. Briefly descnbe the noise source and equipment involved: T�'t�/u WLr,y b J�Gt �j�� u 8. Noase source time of operation: 3�� � �' j(j i �(� ���� 9. Briefly descnbe the 10. Briefly state reason for e that will be taken to min;mi�e � � �� ��� fi� 11. Dates during wlrich the variance is Signature of responsible person �/��%� 1'�� G�"Y� Date Y I�Z� � Q� V 7. Address or legal description of noise source: ��1 ��t'L( ��, 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 D�-���-- Office Use Only Date Rec'd Reviewed Date Public Notice S�t Referred to Council nokevaz.app Revised 22003 AA-ADA-EEO Employet