06-597Council File # V ' � �
RESOLUTION
Presented Bv � �
Referred To
Resolution #
Green Sheet # �� � O �c� � �
CITY OF SAfNT PAUL, MiNNESOTA
Committee: Date
i WHEREAS, Chapter 293 of the Saint Paui Legislative Code was enacted to regulate the subject of
2 noise in the City of Saint Paul; and
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WHEREAS, §293.11 provides for the granting of vaziances 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 hazdship on the applicant, other persons or on the community; and
WHEREAS, Rice Street Festival, represented by Fred Huerta, Director, who has been designated
as the responsible person on the application, has applied for a variance to allow live music at Rice Street
Recreation Center, at 1021 Marion Street; and
WHEREAS, applicant is seeking a variance for the hours of 4:00 p.m. to 11:00 p.m. on July 28,
2006; and 11:00 a.m. to 11:00 p.m. on July 29, 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 condirions for the variance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Rice Street
Festival, subject to the following conditions:
1)
2)
3)
The variance shall be for the hours of 4:00 p.m. to 11:00 p.m. on 7uly 28, 2006; and 11:00
a.m. to 11:00 p.m. on July 29, 2006;
Al] electronically powered equipment used in conjunction with the event shall not exceed
90 dBa, as measured fifty (50) feet from the noise source
All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
riuned off no later than 11:00 g.m. on July 28, 2006 and July 29, 2006.
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FURTHER RESOLVED, that any violations of the conditions set forth above on the 7uly 28, 2006,
and 7uly 29, 2006, dates may result in denial of futute requests for the grant of a noise variance, in
addirion to any criminal citation which might issue.
Adopted by Council: Date (/i� �, S�'/��
Adoprion Certified by Council Secretary
By: __� ;'��� �,��s�,-r
Approved by yo : Date
By:
Requested by Department o£
Office of License, Inspections and
Environmental Protecrion
By: ��r ��o5�p/C--
Bob Kessler, Director
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� �,! . • �� �'�� c .� -�
:�.�:._,� ' , ` .�rn.r�l.Ji �
Approve� ayor, for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
k� nl. _ �`4�1
DepartmenUofficelcouncit: Date tnitiated:
t P -L;�n�n.�on�t ,�,�N-06 Green Sheet NO: 3031042
GonWct Person 8. Phone: Deoar6nent � Sent To Person Ini6allDate
Mark Kaisersatt � 0 icenseJlns c'o nviron Pro
266-9147 q�,� I ice es ection/Enviro Pro De artm nt irector
Must Be on Council Agenda by (Date): Number 2 tt rne
05JUL-06 For
Routlng 3 a or'sOffce a odAssista t �
\ �`' i Ordef 4 �Cmmril I
n 1_`W 'J �" 5 i Clerk i Clerk
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Totai # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
Approval of a resolufion granting Rice Street Fesrival, represented by Fred Huerta, an exemption from the sound level limitations in
Chapter 293.09, in order to present live music, with limitations, on July 28, 2006 and July 29, 2006.
Recommendations: Approve (A) or Reject (R): Pereonal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No '
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firtn 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 (Who, What, When, Where, Why):
CLapter 293.11 provides for the granting of vaziances from the sound level limita&ons contained in Chapter 203.09.
AdvantageslfApproved:
Rice Street Festival may present live music.
Disadvantapes If Approved:
Neighbors within eazshot of Meazs Park will be subjected to musia J U i � 2 Q 2006
��l°OR'S OFFI ��
Disadvaniages ff Not Approved:
Rice Street Festival may not present live music.
. Total�Amountof CosURevenueBUdgeted:
Transaction:
FundinaSource: AcCrvitvNumber: �i0Uf1C1� R2S68rC{l �
Financial lnfortnation: „�UN 2� 2�06
(Explain)
Applicarion for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
OFFICE OF L10EN56, INSPECSIONS AND
ENVIRONMENiAL PROTECilON
Bob Keuler, Direcmr
CITY OF 5AINT PAUL
Cfiristopher B. Coleman, Mayor
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COMMERCEBUILDING Tdephone 651-266-9090
SFaurthSL�S�ue200 Facsimile 65/dbb-9124
SaintPauL Minnesom 55101-IO1J Web: wwwliep.vs
��vs [�B h:4� (�Ul���e Gc�L.�( rs� �1� �•-�a-�'-� Swt-1�l�bca�c(s
1. Organization or person seeking
2. Address: ]l1c�P� � re�
3. Responsible
4. Title or uosi
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6. Briefly describe the noise source and equipment
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7. Address or legal description of noise source: ��0 ���'�<� "�
r ���� f�lG S.�// � 1( i c.� ,�/� C' Cc�is-t �c.--
8. Noise source time of operation: �vti`!'�f.tt/ �J c, � r 2S� yi� /JO� �'� �°/ f�f4� �l
� n s.�'�-r�r�t�� s� u s� c� �l t� r y �'�� �- d�
9. Briefly descnbe the steps that will be taken to minimize the noise levels: Arn.r� tx�,`f/ /x _.� � r.<�'✓
,. .. . .. i n _ .. , , , ,,.. , , �
10. Briefly state reason for seeking
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Signature of responsible person����i-t� Date�� ���
11. Dates during which the variance is requested: ��'%� o� $; �t �- � 2�
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Return completed Applicarion and $150.00 fee to:
CITY OF SAINT PAUL
OFFICE OF LIEP
8 FOURTH ST. E, SUITE 200
SAINT PAUL, MN 55101-1�24
(651}266-9090
OfFice Use Only
Date Rec'd
Reviewed
Date PublicNotice S�t
Referred to Council
noisc az.app Revised 22003
AA-ADA-EEO Employer
Date: 06I07l2006
Received From: RICE STREE7 FESTIVAL INC
PO BOX 17014 ST PAUL MN 55117
Description:
Invoice Demils
4693�5
Noise Variance
TOTAI AMOUNT PAID:
Paid By:
L1EP RECEIPT
Page 1 of 1
Invoice Amount
$150.00
CITY OF SAINT PAUL
Office of License, Inspeclions
antl Environmenfal Protection
8 Fourth Street Eask Sude 200
Sairrt Paul, Minrwsota 55f01-1024
(651)�5-9090Fav (651)2bf9124
wvm.ci.stpaul.mn.�s!(iep �/��
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Amount Paid
$�50.00
$150.00