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06-827Council File # t� — �oZ P _`v"._ '— Presented Bv ��.�� RESOLUTION Resolurion # Green Sheet # 3� � MINNESOTA Referred To Committee: Date 1 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 WHEREAS, §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 6 constitute an unreasonable hazdship on the applicant, other persons or on the community; and 7 8 WHEREAS, Summit Brewing Company, represented by Steven Cerkvenik, Event Producer, who 9 has been designated as the responsible person on the application, has applied for a variance to present 10 live music at Harriet Island Regional Park; and 11 12 WHEREAS, applicant is seeking a variance far the hours of 10:00 a.m. to 10:00 p.m., on 13 September 30, 2006; and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, if applicant is not granted a variance it will not be able to present live music at Hamet Island Regional Park; and WF3EREAS, the Office of License, Inspections, and Environxnental 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 Summit Brewing Company, subject to the following conditions: 1) The variance shall be for the hours of 10:00 a.m. to 10:00 p.m., on September 30, 2006. 2) All electronically powered equipment used in conjunction with the event shall not exceed 100 dBA, as measured at the closer of the sound mix or 100 feet from the front of the stage. y3 �� -��� 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 FURTHER RESOLVED, that any violarions of the conditions set forth above on the September 30, 2006 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue. Adopted by Council: Date % �� �� Adoption Certified by Council Secretary BY /////il�l.�5�1� Approved b : Date �"l� ° �V By: Requested by Department of: Office of License, Inspections and Environmental Protection By: ,' , ���1lf Bob Kessler, Director Form ove b City ttomey By: Ra Gunders Approved by Mayor, for Submission to Council By: , (�r')Gc�. � ?�!'r�1� Q ' �-/ o��f � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � tl (O' �� LP - Liceuse/Iuspecfion/EnvironRot ; 24A�� i Green Sheet NO: 3032318 ContaM Person 8 Phone: i � Mark Kaiseasatt 26fr9147 i �sign Must Be on Councill�qenda by (Date): I Number O6-SEP-06 ' For Routing DoaType: RESOLUTION '�, Ortler E•Document Required: N n ip� 1 G � DocumentContact: � � Contact Phone:_ S�p'�.. �/ �� Deaartment Sent7o Person Ini6aUDate 0 � 'censell soectiooBnviron Pro � ' 1 iI.'censrl[ mectioo/Environ Pro ' Deoarhment D'veMOr 1 2 ,Citv Attn� �'.� 3 Tlavor's OtTce � Mavor/ASSistant � 4 ouncil 5 Clerk (tih Clerk 1 �', Total#ofSignaturePages_(CIipNlLocationsforSignaWre) Action Requested: Approval of a resolutio� granting Summit Brewing Company, represented by Steven Cerkvenik, Event Producer, an exemption from the sound level limitations in Chapter 293.09, in order to presen[ live music, with IimitaUOns, from 10:00 a.m. to 10:00 p.m.. on Septemt 30, 2006. contraccs mustanswertne tmiowmg vuesnons: Planning Commission I t. Has this person/firtn e�er worked under a contract fir this department? CIB Committee Yes No CiHI Senice Commission 2. Has ihis persoNfirtn e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnally possessed by any curtent 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 vaziances from the sound level limitations contained in Chapter 203.09. I I '�, AdvantageslfApproved: '�,, Applicant may present live music. - - �€���D Disadvantages NApproved: � Neighbors within earsho[ of the noise source will be subjec[ed to music. A� � 2 4 Z��6 ---- - -�AY��'S �F��CE -- -, � DisadvanWgesNNotApproved: �, Applicant may not present live music. j ' Counc�► �tesearch ro.,�_� Tofal Amount of Transaction: Funding Source: Cost/Revenue Budgeted: 2 5 2006 � Financiallnformation: � (Explain) Activity Number. August 24, 2006 8:11 AM Page 1 CITY OF SAINT PAUL Randy C. Kelly, Mayor 1. Organization or 2. Address:_�] 3. Responsible pei 4. Title or positior 5. Telephone:� 6. Briefly descnbe OFFICE OF GCENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Janeen E. Rosas, Derec�or D/ �(��� SO il LOWRYPROFESSlONALBUILDING Telephone: 651-166-9i 35BS�. PeterStreet. Suite 300 FaaimIIe: 65/-26G9: Sain( Paul, Minneso(a 55702-1 S!0 if'eb: �:ep us ' � r � , _ v Application for Sound Level Variance City of Saint Paui Noise Ordinance Chapter 293 of the Saint Paul Legislative Code .. and equipment � �` �� ,3: i � 7. Address or 8. Noise source time of operation: I U /�YY� - I U�IVI 9. Brieflv describe the steps �hat will be taken to my�imize the 0 10: Briefly s ate reason for seeking � > D � �?,N i 1rP.+�' S(3.�r 11. Dates during which the variance Signature of responsible person il i Return completed Application and $150.00 fee to: CITY OF SAINT PAUL OFFICE OF LIEP 350 ST. PETER STREET, SiTITE 300 SAINT PAUL, MN 55102-1510 (651)266-9090 Date v � Office Use Only Date Rec'd. Reviewed Date Public Notice Sent Referred to Council noisevar.app Revised 5/2003 AA-ADA-EEO Employer �G� , � ,�� — 6 / a'/Zj ���/� l LIEP RECEIPT Date: 08/02/2006 Received From: SUMMIT BREWING COMPANY 910 MONTREAL CIRCL ST PAUL MN 55102 Description: Invoice Details 474150 Noise Variance TOTAL AMOUNT PAID: Paid By: Payment Type Check # Received Date I Amount Invoice Amount $150.00 CITY OF SAINT PAUL Office of License, Inspections and Environmental Protection B Fwrth Street East, Suite 200 Sairrt PaW, MinriesoG %107-1024 (651) 26550�0 Faz (657) 2669724 nvnv ci.stpaul.mn.usAiep �"e f U�� Amount Paid $150.00 $750.00 Page 1 of 1