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06-534��,r,�.sc� (�� 1( bto Council File # �)� "� Resolution # Green Sheet # 303Dg j � Referred To RESOLUTION CITY F SA1 , MINNESOTA Committee: Date 3q 1 WHEREAS, Chapter 293 of the Saint Paul Legislarive Code was enacted to regulate the subject of 2 noise in the City of Saint Paul; and 4 6 7 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 limitations contained in §293.09, upon a finding 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, Taste of Minnesota, represented by Ron Maddox, General Manager, who has been desiglated as the responsible person on the application, has applied for a variance to allow live music at Harriet Island Regional Park; and WHEREAS, applicant is seeking a variance for the hours of 12:00 p.m. to 10:00 p.m. starting June 30, 2006, until July 4, 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 Environmenta2 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 Taste of Minnesota, subject to the following conditions: 1) The variance shall be for the hours of for the hours of 12:00 p.m. to 10:00 p.m. starting June 30, 2006, until July 4, 2006 2) All electronically powered equipment used in conjunction with the event shall not exceed 102 dBa, as measured at the closer of the sound mix or 100 feet from the front of the stage(s) 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at all stages and each sound mix between 12:00 p.m. to 10:00 p.m. starting June 30, 2006, until July 4, 2006 If the "Tar¢et Sta�e" is to be used, it will be operated in the configuration recommended to Parks and Recreation in the 2005 Report and Recommer "I�G _ . �� I �� 42 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be 43 turned off no later than 10:00 p.m. on the June 30, 2006, until July 4, 2006 event dates 41} 45 FURTHER RESOLVED, that any violations of the conditions set forth above on the June 30, 4fi� — �606� until Fu�y�, 29@6; dxtES xnay resu�f � e�arra�ee�-- 47 addition to any criminal citation which might issue. 48 49 50 Yeas Na s absent Requested by Department of: 51 Benanav sostrom Office of License, Inspections and 52 Harris 53 xelqen Environmental Protection 54 Lant �/ � Montgomery ���� /� 55 Thune BY' �`°"''�' � �w�G 56 —1 Bob Kessler, Director 57 Sg Form A roved by ity Attomey 59 Adopted by Council: Date � l��o By: 60 Ra el Gunde 61 Adopt F� ified by Council Secretary 62 / Approved by. or, for Submission to Council 63 By: � 64 � By: � 65 Approved b r: Date 66 67 By: 68 69 70 71 = 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 �-5 3� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrnentloffice/council: Date Initiated: _� �� -L,���aa�n�ar�� ,�-�Ya� Green Sheet NO: 3030817 Contact Person & Phone: Mark Kaisersatt Must Be on 07-JUN-06 �'V blrG lyPc�•N�*�. 1 .1�� / � � Departrnent Sent To Person InitiallDate p enceRncnertinnlF.nvirnn Pro � Number 2 �rypttoruev I ' For 3 avor's O�ce MavodAssistant Routing Order 4 ouncil i i 5 .iN Clerk Ciri Clerk I (Date): Total # of Signature Pages _(Clip All Locations for Signature) Approval of a resolurion granting Taste of Minnesota, represented by Ron Maddox, an exemption from the sound level lunitations in Chapter 293.09, in order to present live music, with limitations, from 12:00 P.M. to 10:00 P.M. from June 30, 2006, until July 4, 2006 Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Must Answer the Pollowing Questions: 1. Has this person/firm ever worked under a contract for this departmenY? Yes No 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this persoNfirm 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): Chapter 29311 provides for the granting of variances from the sound level limitations contained in Chapter 203.09. AdvanWges If Approved: Applicant may present live music. DisadvantapeslfApproved: Neighbors within earshot of the noise sowce will be subjected to music. DisadvanWges If Not Approved: Applicant may not present live music. Total Amount of Transaction: Fundinp Source: Financial Information: (Explain) CosURevenue Budgeted: Activiiy Number: rrSs °'� . �.�d.��?`� . - - . + A , May IS 06 05:48p ���7 y p.l OFFfC60FCIGEN56,INSPL•CiS07ti5 tuVD E�VIADNMENT.4L PROTL•CTION HeE Kessler, Dir¢ror CPfY OF SAINT PAUL I. Organization oi person 2. Address: : � � ;' % 3. Responsble 4. Title or posi CGMNF.RCF.RWI.IIING T<teyAsnc; 6Sfd66-9090 SFOUnF St. E SaLe 100 Facri�ifc. 651-166-912# SalnlPaaAAluvcSOm5570/-IOTY We6: wwvliep.ns � ��`U � Application for Sound Leve[ Variance `" ,,,5 c City of Saint Paul Noise Ordinance � d Chapter 293 of tfie Samt Paul I.egislative Code / J �'� ei�nS variance: -,�� O � �!/'1�J � .5firt"l,[ �" 6. Brie$y descnbe the noise source and equipment 7. Address or legal descripiion of noise source: I1I /�I � r�' L i .�,1 /�? 8. Noisesotscetzmeofopecation: /(��'1(�>n - /`� �J�i'% , 9. Briefly descabe flte steps that will be taken to minimize the noise Ievels: �%Ji "' '?��''. ;', t� /./" r r' '"� �C:f ,- (j. .,.�/�� � I0. Briefly state reason for sceking 1 I. Dates during w}uch the variauce is Signature of respoasible person Date -% -�� `--� "�'v Maa 18 06 05:48p �-�3� p•2 Return completed Application and $150.00 fee to: CITY OF SAINT PAUL OFFICE OF LIEY S-FAUI2TFLST_ E SUITE 20Q SAINT PAUL, MN 55 1QI -102 (65F) 266-9090 Office Use Only Date Rec'd. Rcfrsred to CAUncil vvunzr.app fttt-u�21403 .�.A-ADA-ELO Employer