06-727AN:ENDED — 8/02/06
Council File # %- �a 7
Resolution �
Green Sheet #,�/�c3 / �.i 0' 3�
RESOLUTfON
Presented
Referred To
PAUL, MINNESOTA
Committee: Date
1 WELEREAS, Chapter 293 of the Saint Paul L,egislative Code was enacted to regulate the subject of
2 noise in the City of Saint Paul; and
4 WTIEREAS, §293.11 provides for the granting of variances from the sound level limitations
5 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
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WHEREAS, Whole Foods Market, represented by Kate Malecha, Marketing Specialist, who has
been designated as the responsible person on the application, has applied for a variance to present live
music at Whole Foods Market; and
WHEREAS, applicant is seeking a variance for the hours of 7:00 p.m. to 9:00 pm., on August 8,
2006; August 15, 2006; August 22, 2006 and August 29, 2006; and
WHEREAS, if applicant is not granted a variance it will not be able to present live music at Whole
Poods MarkeC at 30 Fairview Ave. S; 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 Whole Foods
Market, subject to the following condirions:
1) The variance sha11 be for the hours of 7:Q0 p.m. to 9:00 p.m., on August 8, 2006; August
15, 2006; August 22, 2006 and August 29, 2006.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85
dBA, as measured at 50 feet from the source.
3) Speakers shall be situated to minimize noise on adjacent property.
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FURTHER RESOLVED, that any violations of the conditions set forth above on the August 8,
2006; August 15, 2006; August 22, 2006 and August 29, 2Q06 dates may resutt in denial of future
requests for the �ant of a noise variance, in addition to any criminal citation which might issue.
By: ` ��_
Approved by Mayor: Date �� D{o
- 4
Requested by Deparhnent of:
Office of License, Inspections and
Environmental Protection
By: G��
Bob Kessler, Director
Form A ove by Cit Attorney
By:
Ra h 1 Gunde o
Approve��� or, for Submission to Council
By:
�i
Adopted by Council: Date ,� a �
Adaption Certified by Council S retary
O�-�a�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepattmenNoffice/council: � Date Initiated: '(
LP — L�cenunos�crion�n�oormi ;,���� ; Green Sheet NO: 3031358
'� Conqct Person & Phone:
Mark Kaisersatt
2669147
Must Be on Councii Agenda by
02-AUG-06
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Assign
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veparonent sem i o rerson
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icensel[osoectioNEnviron Pro I Deuarlment Direc[or i
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Council
ICih Clerk CiN Clerk
mmaVUate
Totai # of Signature PageS
Approval of a resolution granting Whole Foods Mazket, represented by Kate Malecha, Mazketing Specialist, an exemption from the
sound level limitarions in Chapter 293.09, in order to present live musiq with limitarions, from 7:00 P.M. to 9:00 P.M. on August 8, 1:
22 and 29, 2006.
Recommendations: Appro�e (A) or Reject
Planning Commission
CIB Committee
Ci�ril Senice Commission
1. Has this persaJfirtn e�er woflced under a contract for this department?
Yes No
2. Has this persoNfirtn eeer been a city employee?
Yes No
3. Does this persoNfirtn 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, lssues, Opportunity (Who, What, When, Where, Why):
Chapter 293. ll provides for the granting of variances from the sound level limitations contained in Chapter 203.09.
'�. AdvantageslfApproved: �
I Applicant may present live music.
Disadvantages If Approved:
Neighbors withm earshot of the noise source will be subjected to music.
; DisadvanWgeslfNOtApproved:
� Applicant may not present live music.
i
7ota1 Amount of
Transaction:
Funding Source:
Financia l Infortnation:
(Explain)
� " '�
MAYQR'� °��FICE
Council Research �enter
(Clip All Locations for Signature)
CosURevenue Budgeted:
Must Mswer the Following Questions:
Activity Number.
July 13, 2006 9:55 AM Page 1
Jun 30 2006 11:52RM WFM ST PRUL 651-690-0382 p•2
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C1.ri.+[ap�ar 8. Calanan. Nayos
OFPICE OF LiCeN3E, INSFECTIONS AND
ENVIRCINMENSAL PROTECTION
Bob X�siler, 8frmro�
Cad4fERCSHUILDlb'G
8 Fovr�k Sr. � SLIn 700
SaintPauR M±nnesan SSIPI-l074
islspM�e: 65l-166-9090
F�cri�ik+ 651-IE6-9ISI
liel' wt�w.7fep.va
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Samt Paul Legislative Code
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i. Organi2ation or pezsson sezking variance: •�• ��tt �ta-�
2. Address: 3o 5 �atv�nea.� WV� St•�v\ !!.�.� �c� —
3. Responsible person �Ca�2 b,a�u�a
4. Title or
- . .,. . l��s������1� :
' 1 � :. � � q ' � � � : �.� ' � � u � � ♦ : ♦ � U . . \ �l wc. _
7. Address or legal description of noise source: "> � c��� C-�-� �'Y�t �v1�.S
8. Noise souzce time of o�ration: 'l_ - g b Y�n - C�� e��` �`n �C��.��,
9. Briefly descnbe the steps that will be taken to mimarize the noise
10. Brieflystate reason for seeldng vatiance: 'Cc, � cti.,�A¢ �ti�.ti.cvttia�i� � 9an�3v'[���W�tiE
11. Dates durin� wfrich the variance is requested: � nn�C `X" `o�� �\L�`" � 22"'�' t 2���
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SignaEure of responsible person Date \n �30, �\o
LIEP RECEIPT
Date: 07/06/2006
Received From: WHOIE FOODS MARKET GROUP iNC dba: WHOLE FOODS MARKET
30 FAIRVIEW AVE S ST PAUL MN 55105-1463
Description:
invoice Details
471792
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
Invoite Amount
$750.00
CITY OF SAtNT PAUL �� 7
Office of License, Inspections
and Environmental Protection
a FouRt� Siree[ East Swte 200
Saint Paal, MinnESOta 5510t4024
(651)266-9090Fa�c (651)266-9t24
www. ci. stpauC mn. usiliep
Amount Paid
$150.00
$150.00
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