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07-542Council File # �� Resolution # 30402� a� Green Sheet # v RESOLUTION MINNESOTA Fresented Referred To 1 WHEREA , Cha r 293 of the Z noise in the City of Saint Paul; and Committee: Date Legislative Code was enacted to regulate the subject of 3 4 WIIEREAS, §293.11 provides for the granting of variances from the sound level limitations 5 contained in §293.09, upon a finding by the City Coixncil that full compliance with Chapter 293 would ( constitute an unreasonable hazdship on the applicant, other persons or on the community; and g WHEREAS, Taste of Minnesota„ represented by Ron Maddox, General Manager, who has been 9 designated as the responsible person on the application, has applied for a variance to present live music � p at Harriet Island Regional Park; and 11 12 WHEREAS, applicant is seeking a variance for the hours of 3:00 to 10:00 p.m., on June 29, July 2, 13 3, and from 1:00 p.m. to 10:00 p.m. on June 30, July 1 and July 4, 2007; 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 Harriet Island Regional Park; and WHEREAS, the Department of Safety and Inspecrions 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 Taste of Minnesota, subject to the following conditions: 1) The variance shall be for the hours of 3:00 p.m. to 10:00 p.m., on June 29, July 2, 3, and from 1:00 p.m. to 10:00 p.m. on June 30, July 1 and July 4, 2007. 2) All electronically powered equipment used in conjunction with the event shall not exceed 102 dBA, as measured at the closer of the sound mix or 100 feet from the front of the stage (s). 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at all stages and each sound mix during the hours of the variance. If the "Tuget Stage" is to be used, it will be operated in the configuration recommended to Parks and Recreation in the 2005 Report and Recommendations with respect to the speaker placement and sound levels. �� �ya 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be tumed off no later than 10:00 p.m. on the event dates (June 29 — 7uly 4, 2007). FURTHER RESOLVED, that any violarions of the conditions set forth above on the June 29, 2007, until July 4, 2007 dates may result in denial of future requests for the grant of a noise variance, in addition to any cruninai citarion which might issue. Adoption Certified by Council Secretary � � I: Requested by Department of: Department of Safety and Inspections BY� l�ri-� Bob Kessler, Director Form Approved by City Attorney , -s � By: � � � R rel GundersoTt � Appro d b yor, f mission to Council By: Adopted by Council: Date ♦ O ��s�� ♦ Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet .,��a..,.�..,,..,,,,.G,,,,,,,,,,,,, , ....._......oK... i . � -��;o�.�oo�t 31-MAY-07 ; Green Sheet NO• 3040290 , Contact Person & Phone: Mark KaisersaU 266-9747 must ee on 20JUN-07 Doc. Type: RESOLUTION E-DOCUmeM Required: N Document Contact: ConWCt Phone: � Assign Number For Routing Order Totai # of Signature Pages, (Clip All Locations for Signature) 0 ' nse/IuspttliodEnvirou Prot 2/ ' 1 icensellnsDectiodEnvironProt i DenarlwentD'uecmr i�` /(:- � � 2 iN Attomey t , 3 ayor's Office f MayodAssistant ' � a Council i 5 itv C7erk Cily Clerk ' I, Approval of a resolution granting Taste of Minnesota, represented by Ron Maddox, General Manager, an exemption from the sound '� tevel limitations in Chapter 293.09, in order to present live musiq with limitatio�s, from 3:00 p.m. to 10:00 p.m. on June 29, July 2, 3, and from 1:00 p.m. to 10:00 p.m. on June 30, July 1 and Juty 4, 2007. iaanons: Npprove �H� or n Planning Commission CIB Commiriee Civil Service Commission 1. Has this personlfirm everworketl under a contract for this department? Yes No 2. Has this person/firm ever been a ci[y employee? Yes No 3. Does this persorJfirm pouess a skill not normally pwsessed by any current city empioyee? Yes No Explain ali yes answers on separete sheef and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): , Chapter 2931 I provides for the granting of variances from the sound level limitations contained in Chap[er 203.09. � AdvanWges IfApproved: '�; Applican[ may present live music. DisadvanWges If Approved: Neighbors within earshot of the noise source will be subjected to music. MAY 3 0 2007 Disadvantages If Not Approved: Applicant may not present live music. Trensaction: Funding Source: Financial Infortnation: (Explain) CosURevenue Budgeted: Activity Number: ...'� « . ± '� '✓ i a�� �� � May 31, 2007 8:50 AM Page 1 d7 s�� CITY OF SAINT PAUL Chrismpher B. Coleman, Mayor OF£[CE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Bab Kessleq Direcmr COMMERCEBUlLDING TdeDhanc 651-26G-9090 8 Faurlh St � Suee 100 Facsim ile: 651-266-9124 SaintPav(Mmnesom55107-1024 We6: www.fiey.ut � � ��,� � ��.�` � �- %.111� , Application for 5ound Level Variance City of Saint Paul Noise Ordinance � Chapier 293 of the Samt Paul Legistative Code �QA�' � � r� \N J i. Organization or person seekmg variance: �'1� 5 (� F�1 t Y� N PhoT iA- 2. Address: l o� i�z•�y x�.P ��3C 5�..j=�� .3 L i �YI ►v _5'SI 30 3. Responsble person: '�oa� ti!Y1 a c� � aK 4. Title or position: � Pda.? U Z� 1�1 Z�i( r"2y L QL 5. Telephone: ((os`1 1 7 7a- 9�i' �?0 6. Briefly descnbe the noise source and equipment {�� � 't ct l� �'7`E �a� G 7. Address or legal descriprion of noise � �� � ��,F f . 3 Pm— �o Pr✓l Fri �y, !Y)ow�1�y 4- 8. Noise source time of operation: I_ P�-���� � a�' -`� � �`' �- � p� K9 n S 1 t� 9. Briefly descnbe the steps that will be taken to � . , ;�,•�..f �n �,r.�-, � �`� � / thenoiselevels: ��'t�5�� �-?� `�c� 10. Briefly state reason for seeking 11. Dates during wlrich the variance is �=� 1 Signature of responsible person f � Date /T1 � DS! RECElPT Date: 05/17/2007 Received From: CAPITAL CfTY PARTNERSHIP 1097 PAYNE AVE ST PAUL MN 55101-3739 Description: Invoice DeWils 576238 Noise Variance TOTAL AMOUNT PAID: Paid By: Invoice Amount $150.00 CITY OF SAINT PAUL �epartment of Safety _ and Inspections //� c��/� e FouM Sueet East, Suae 200 U JY Samt Pwl, Mimaso�a SS10t4 �24 (651)2fi6-9090 Faz (65t)26G-9129 wwwstpauCgov/dsi Amount Pald $750 $150.00