06-772AMENDED 8/16/06
RESOLUTION
Council File # �(
Resolurion #
Green Sheet # �O 3
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
.
293 of the Saint Paul Legislative Code was enacted to regulate the subject of
2 noise in the City of Saint Paul; and
4 WHEREAS, §29311 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
g constitute an unreasonable hazdship on the applicant, other persons or on the community; and
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WHEREAS, ST. Paul RiverCentre/Xcel Energy Center, represented by Ben Michaelis, Event
Manager, who has been designated as the responsible person on the application, has applied For a
variance to present amplified music at Rice Pazk, 109 Fourth Street West; and
WHEREAS, applicant is seeking a variance for the hours of 6:30 a.m. to 730 a.m. and from
noon to 1:00 p.m., on August 17, 2006; from 6:30 a.m. to 730 a.m., from noon to 1:00 p.m. and from
8:00 p.m. to midnight, on August 18, 2006; and from 6:30 a.m. to 730 a.m., from noon to 1:00 p.m.
and from 8:00 p.m. to 11:00 p.m., on August 19, 2006; and
WHEREAS, if applicant is not granted a variance it will not be able to present live music at 109
Fourth Street West; and
WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the
application and compared it to other noise variances that were approved by the Council 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 St. Paul
RiverCentre/Xcel Energy Center, subject to the following conditions:
�
1) '�ke�czQCCC-sTr��l�e�'e��e�ea�s-e€�-04s�.-�o-�E1:�99�r.t�r. e��t�g�,st �Z,-3(�9C�,-Axgust-��,
�6BGam��ng�s��9 , - �ee� , - a��ee�a�, - �93�o}r��t�£��ea��Ves�
2) All electronically powered equipment used in conjunction with the event shall not exceed 85
dBA, as measured at 50 feet from the source, from 7:00 a.m. to 1:00 p.m.; and shall not exceed
96 dBA, as measured at 50 feet from the source, from 1:00 p.m. to 10:00 p.m.
85
The variance shall be for the hours of 6:30 a.m. to 10:00 p.m. on
2006, 6:30 a.m. to 11:30 p.m. on August 18, 2006, and 6:30 a.m. to
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FURTHER RESOLVED, that any violations of the conditions set forth above on the August 17,
2006, August 18, 2006 and August 19, 2006 dates may result in denial of future requests for the grant of
a noise variance, in addition to any criminal citation which might issue.
Requested by Depariment o£
Office of License, Inspections and
Environmental Protection
B __�� I��.Pti
Bob Kessler, Director
Form roved by City Attorney
Adopted by Council: Date / �G By:
R el Gund s
Adoption Certified by Council Secretary
Approve�l b,yI�f�r, for Su�� Council
By: c �� �
By: v--
Approved by ayor: Date � �/ o7Ot3l
BY� � ��`���'
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
��a 7�� -/
�,P - Lica�se/[nspecfioo/Environ Pro[
� Contact Person 8 Phone:
Mark Kaisersatt
Must Be on
1CrAUG-06
P :n f � � e �2ar � v�0�
�N qN S� ( tl �.0 tl
<J
�
Assign
Number
For
Routing
Order
Department SentTOPerson InitiaVDate �
0 Z' el[ mecdoo/E ' o Pro '
1 icenselinsoecflun/E ' o Pro 'De rlme tD' eUO I I
i
2 �1ri Attomev � i j
3 avor's Office i Mavor/Assistant �
4 k7omc� i �
5 Ciri Clerk I Ciri G7erk i
Total # of Signature Pages _(Clip All Locations for SignaW re)
Action Requested: '�
�� Approval of a resolution granting St. Paul RiverCentre/Xcel Energy Center an exemption from the sound level limitarions in Chapter �
' 293.09, in order to present amplified music, with limitarions, from 7:00 a.m. to 10:00 p.m. on August 17, 2006, August 18, 2006 anj
� August 19, 2006, at Rice Park, 109 Fourth Street West. �
itlations: Appro�e (A) or R
Planning Commission
CIB Committee
CFriI Sernce Commission
1. Has this person/firtn e�er worked under a contract fir this department�
Yes No
2. Has this persoNfirtn e�er 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, Issues, Opportunity (Who, What, When, Where, Why):
Chapter 293.11 provides for the granting of variances from the sound level limitations contained in Chapter 203.09.
AdvantageslfApproved:
Applicant may present amplified music.
Disadvantages If Approved:
Neighbots within earshot of the noise source will be subjected to music.
'� DisadvantagesHNotApproVed:
� Applicant may not present amplified music.
Trensaction:
Funding Source:
Financial information:
(Explain)
Activity Number:
�ouncil Research
i�.. � � . ��i
Green Sheet NO: 3031843
CosVRevenue Budgeted:
August 2, 2006 4:02 PM Page 1
ur�zriuo io:z4 raa aai zoo ansy
CITY OF SAINT PAUL
CAris�apher B. Colemon. Maynr
I Application for Sound Level Variance
City of Saint Paul Noise Ord'mance
Chapter 293 of the Samt Paul Legislative Code
[¢j 002
OFFICE OF LSCENSE, ISiSPECTIONS AND
ENVIRONMEN7AL PROT'ECTION
Bab Keaaler, Di�¢fo� r '/ _�] ��
VIO �
COMAf£RCEBUILDING TslepAonc 65J-26b-9090
BFaurBSl.ESvrte100 Faeiwifs: b5I-766-917♦
SuinrPass),Minncsnfa55J5t-t0]S �9�b: wwwJiep.�n
Riv�RCENIRE
1. Organization or person seeking
2. Address: 1']S W. 1�¢Ilo�.
3. Responsible perso
4. Title or position_
5. Teleahone: ( �
6. Briefly descnbe the noise source and equipment
OS SPeQ�*1 . SP'ea1� ►s��.cS �� uP '�a /o o � pe ��. Rq,c.�. �+rk
ai� a�ny g ��ar. `4=+.r�E.
7. Address or legal descriQtion of noise source:� � t� �a �'� � S� •�Lk.r. �
8. Noise source time of
9. Briefly desrnbe the steps that will be taken to m;rrim;�P �e noise Ievels: we w��l �r.e.� o�ewn `�2
Q m4 '� � °,+ gr.�[-S -!ao � •� .
10. Brieflystatereason L{,arnp�onr��pS w��+ Q¢��,,,� cj�,,,�
cc�e.n..;,es - i�o *..; o�C� �'1.�. +..�a..'� •�+ �..�yu.s+ ISt � �4w,�.�s+ i4
11. Dates during which the varia�e is requested: �ti4�y�t / L- �aGcca� /�J� o�oo(
'F. �' ��JCfCen`{nL
r
O
Pc�, ��'o _ � ��ioC�
SSgnature of respoasible person ,i���f = Date 7'0 ��o
Date: 07/28/2006
LIEP RECEIPT
Received From: ST PAUL RIVER CENTRE dba: XCEL ENERGY CENTER
175 KELLOGG BLVD W STE 501 ST PAUL MN 55702
Description:
Invoice Details
473478
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
Payment Type Check # Received Date Amount
�ICredit Card 07/28/2006 $150.00 I
Invoice Amount
$150.00
CITY OF SAINT PAUL
Office of License, InSpecUOnS
antl Environmental Protection �,/ � —7�
8 FouM Straet Easf, Suite 200 �� �
Samt Paul, MinnesoNe 55101-1024
(65t)266-9090 Faz (651)266-9t24
www.ci.stpauLmn.usiliep
Amount Paid
$150.00
$150.00
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