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07-500RESOLUTION OF SAINT Presented By_ Refened To Committee: Date Council File # � 7 `u � Resolution # GreenSheet# 3039730 �� iTAA s 1 WIIEREAS, 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 3 4 WHEREAS, §293.11 provides for the granting of variances from the sound level lunitations 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 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 WHBREAS, St. Paul After Hours, represented by Brian Horst, President, who have been designated as the responsible person on the application, has applied for a variance to present live music in Mears Pazk, 220 6"' St.; and WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. to 9:00 p.m., on June 7, 14, 21, 28, July 12, 19, 26, August 2, 9, 16, 23, and 30th 2007; and WHEREAS, if applicant is not granted a variance it will not be able to present live music at Mears Park, 220 6` St. E.; 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 St. Paul After Hours, subject to the following conditions: 1) The variance shall be for the hours of 6:00 p.m. to 9:00 pm., on June 7, 14, 21, 28, July 12, 19, 26, August 2, 9, 16, 23, and 30th 2007; and 2) 12 dates are requested by the applicant. No recommendation is being made with respect to the number of days for which variance may be granted 3) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA, as measured at 50 feet from the source. 4) The speakers shall be directed away from nearby residences. b 7-�6a �s 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 FURTHER RESOLVED, that any violations of the conditions set forth above on the June 6, 2007 date may result in denial of future requests for the grant of a noise variance, in addition to any ciiininal citarion which might issue. Adoption Certified by Councii Secretary By: •.. By: Requested by Department of: Office of License, Inspections and Environmental Protection B y� -----Lf���'� '--�����+'"`�°' Bob Kessler, Director Form�ro ed y 'ity Attomey By: ' el Gun o Approv - z ayor, for Submission to Council � By: t Adopted by Council: Date ��� �� aOd y o�-sav � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �15"� ��+J Ct�, ` P DepartmenU�celcouncil: Date Initiated: � -�;��o�o�,�oo�� ,�-�Y-0� ' Green Sheet N 3039730 — — �_ _ _ Contad Person 8 Phone: Mark Kaisersatt 266-9747 must ese on 06-JUN-07 Doc.Type: RESOLU710N E-DOCUment Required: N Document Cantact: ContaM Phone: .� ' a Assign 1 Number � 2 For � Routing � 3 Order � 4 i I 5 'cevsellasnectioNEnviron Prot I ��Y Attorne�' vor's ORice Mavor/ASSisfant ' uocil _ 'tr Clerk � CStY Clerk I ToWI # of Signature Pages _(Clip All Locations for Signature) Approva] of a resolution granting St. Paul After Hours, represented by Brian Horst, President, an exemption from the sound level limitations in Chapter 293.09, in order to present live musiq with limitations, from 6:00 P.M. [0 9:00 P.M. on June 7, 14, 21, 28, July 12, 19, 26, August 2, 9, 16, 23, 30[h. ' idatlons: approve (A) or R Planning Commission CB Commi[tee Civil Service Commission 1. Has this persoNfirm ever worked under a contrect for this deparfinent? Yes No 2. Has this person/firm ever been a city employeel Yes No 3. Does this person/flrm possess a skill not normally possessed by any curtent ciry employee? Yes No Explain all yes answers on separate sheet and aftach to green sheet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): Chapter 293. I 1 provides for [he granting of variances from the sound level limitarions contained in Chapter 203.09. Advantages If Approved: Applicant may present live music. RECEIVED MAY 1 6 2007 Disadvantages If Approved: Neighbors within earshot of the noise source will be subjected to music. i Disadvantages If NotApproved: Applicant may not present live music. MAYOR'S CostlRevenueButlgeted: �� Funding Source: Financial Information: (F�cplain) Activity Number: ��X^n� ` �''mm.r, y �?,6p C!t+N32� .,-T �., . .� . May 16, 2007 11:28 AM Page 1 CTTY OF SAINT PAUL Chrismpher B. Caleman, Mayor Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Samt Paul Legislative Code s � � �`� � 2 OFtZCEOFLICENSE,INSPECTIONSAND � ��� ENVIRONMENTAL PROTEC7ION /}�� Bob Kestler, Direcmr O � — �vv COMMERCE BWLDlNG 7'e(ephone: 651-266-9090 8 Fourth St 6. Suae 200 Faesiuile: bi1-266-9724 SaintPauLMinnesom55101-l024 Web: www.&ep.vs 1. Qrganization or pezson seel�g variax�e: .�/- ��rG /��r'/' //� �r� ' 2. Address: G l /� fa* 7fie{'� 1'e/ �� 5:'� �.r� �L� .��/� _S �"lcj 2 T 3. Responsble person: /�c"<6.L %j�y� ye- 4. Title or posirion: �rr�.✓�,�r�E f 5. Telephone: ( C�5 /1 ��/r� - f.%�7 6. Briefly descnbe the noise source and equipment involved 7. Address or legal description of noise 8. Noise source time of 9. Briefly descnbe the ..�: _� _ i _ �G a i� ;�ti ��, �C � /,� ; �t � � th3t will bE t3kell to minimi�e the � �J G� t�� % k � S l.' �P�" 4 �J.r ;aG�,� s��,�� ;� �l t � C�ar�J z� � ��<�o��. ^^ I �„� 'x"i, !;c ti r v � , i YL��:�^PP..�ST�c'� I�5 %'°iv�� 7 �m u�/r ti•1 V' f)vPcT' �-� / ✓ ' G � v,�,�.St �,(- G -[' _" C� L�� i�/ arce: � i Gl�.,✓ r� � .Hisr��/ �,f�l� -/<` /•:,�� I�� �e� � �l l�� ���� ���!`i � %,��---• Date �/ /✓,�� i LIEP RECEIPT Date: OS/7 7/2007 Received From: ST PAUL AFTER HOURS 61 DALE ST N STE 3 ST PAUL MN 55102 Description: Invoice Deqils 515558 Noise Variance invoice Amount $150.00 o�-� CITY OF SAINT PAUL Ofice of License, Inspections antl Environmentai ProtecGOn e Fourth Street EasL Sui1e 200 Sarrt P�I. Mirmesofa SStOt-1024 (6511266909J Fac (65t1266-9124 www d.stpauLmn.usiirep Amount Paid 5150.00 TOTAL AMOUtJT PAID: Paid By: Payment Type Check # I Received Date Amount OS/1'I /2007 $150.00 Page 1 of 1