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07-747Council File # 0 7 7 y7 cinr Presented By_ Referred To Resolurion # 3�41954 Crreen Sheet # RESOLUTION � SAINT PAUL, MINNESOTA Committee: Date WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of 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 ( constitute an unreasonable hardship on the applicant, other persons or on the community; and 7 g WHEREAS, Alarm Products Distributors, represented by Ward Meyer, Manager, who has been 9 designated as the responsible person on the applica6on, has applied for a variance to present live music 10 at 2350 Territorial Road; and 11 12 WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. to 10:00 p.m., on August 13 23, 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 2350 Territorial Road; and WHEREAS, the Department of Safety and Inspections 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 Paui hereby grants a variance to Alarm Products Distributors, subject to the following conditions: 1) The variance shall be for the hours of 6:00 p.m. to 10:00 p.m., on August 23, 2007. 2) All electronicaily powered equipment used in conjunction with the event shall not exceed 90 dBA, as measured at 50 feet from the source. 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. 0 7-� v7 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 similaz devices shall be tumed off no later than 10:00 p.m. on the event date. FURTHER RESOLVED, that any violarions of the conditions set forth above on August 23, 2007 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 � /a /�'� Adoption Certified by Council Secretary By: �s� Approvedby ayor: Date ���6��00� By: / ��4R � S��v� - Requested by Department o£ Department of Safety and Inspections < � By: � w Bob Kess er, irector Form Approved by City Attorney By: ��. Z Rachel Gu i on Approved r, for Submission to Council By: _ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � o�-7y7 SI -�P�ofSafery&Inspecuons ' 1&JUL-07 Contact Person & Phone: ' Mark Kaisersatt �� 266-9'147 '� Must Be on Council A[ enda y(Date): � 75-AUG07 Doc. Type: RESOLUTION � E•Document Required: N Document Contact: Contad Phone: � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3041954 0 eot afSafetv & L.hectioos 1 ept ofSafetv & Inspeetions i Deparmi t Direcror ' 2 'tv Attornev 3 vor's O�ce � MavodAssistant 4 md7 5 'ry perk CStv C7erk i Approval of a resolution gran[ing Alarm Products Distributors, represented by Wazd Meyer Manager, an exemption from the sound level limitadons in Chapter 293.09, in order to present live musiq with limitations, from 6:00 P.M. to 10:00 P.M. on August 23, 2007. Pla�ning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete 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 1'vnita6ons contained in Chapter 203.09. Advantages If Approvetl: Applican[ may present live music. DisadvanW9es If Approved: � Neighhors within earshot of the noise source will be subjected to music. Disadvantages If Not Approved: Applicant may not present live music. Trensadion: Funding Source: Financial Information: (Explain) Activity Number: �4d.�:�� �ti�'�:��� ��f� JUL 19 �Q� CostlRevenue Budgeted: July 18, 2007 1:03 PM Page 1 0 7 -�y7 DEPARTMENC OF SAFETY AND INSPECTIONS Bob Kusler, Direcwr CITY OF SAINT PALJL con�.ecsaurcDn✓c ChrismpherB.Colemtm,Mayor � BFourthStreefH,Suite200 �`°�d7 � D� Saint Paul, Minrsesom 55701-IO24 JUl I 3 70�) Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code Telephone: 651-266-9090 FacsimIIe. 651-2669I24 Web: wwwstpaul.gov/dsi P ��� ,��., j�� 'J{ ! � J 1. Organization or person seeking variance: 2. Address: .�35 � L_�•zav:' �fs� ve°a,/ �'d 3. Responsible person: 1 a r� /YJ..c,� �v 4. Title or position: /��/n„ < g.�. 5. Telenhone: ((D S/ 1 ,5 c/7— 6. Briefly describe the noise source and eGuipment involved: .S y,.,� � j [� �„ ,L G✓J tL �Y✓/��iLr Gtnd _Q��¢ 7.� — _ . —�- ---=-- Addre3s ar legal description of noise source: .� �.5� O l.� ��� TAy� .zC �I. S' l �N...� L !�✓l N. .S"':S y 8. N� urce time of operation: " i �,'_�_��,p� 9. Briefly describe the steps that will be taken to ' mize the noise levels: a; s: Gv; /� ,�.� �� 11. Dates during which the varrazice is 0 Signature of responsible person: �%' u7 ��..� Date: � ���' D� Return completed Application and $150.00 fee to: CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS 8 FOURTH STREET E., SUITE 200 SAINT PAUL, NIN 55101-1024 (651)266-9090 AA-ADA-EEO Employer Office Use Only Date Rec'd. 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