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07-803Council File # �7'�� Green Sheet # j O 3 O RESOLUTION CITY OF SAINT PAUL, MINNESOTA 2Q 2 4 6 7 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 noise in the City of Saint Paul; and WHEREAS, §293.11 provides for the granting of variances from the sound level lunitations contained in §293.09, upon a fmding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hazdship on the applicant, other persons or on the community; and WHEREAS, International Market Place, represented by Toua Xiong, Owner, who has been designated as the responsible person on the application, has applied for a vaziance to present live music at the Intemational Market Place, 217 Como Avenue; and WHEREAS, applicant is seeking a variance for the hours of 9:00 a.m. to 6:00 p.m., on September 15 and 16, 2007; and WHEREAS, if applicant is not granted a variance it will not be able to present live music at the International Market Place, 217 Como Avenue; 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 Paul hereby grants a vaziance to the International Market Place, subject to the following conditions: 1) The variance shall be for the hours of 9:00 a.m. to 6:00 p.m., on September 15 and 16, 2007. 2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA, as measured at the sound mix or 50 feet from the noise 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. 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 6:00 p.m. on the event dates. WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of U�'� 35 FURTHER RESOLVED, that any violafions of the conditions set forth above on September 15 and 36 16, 2007, dates may result in denial of future requests for the grant of a noise variance, in addition to any 37 criminal citation which might issue. �`°' `" " pj1L Requested by Department of Safety & Inspections Benanav � F� � �p _ Bostrom F / BY� � �` _ Hams ✓ Approved by the Office of Financial Services By: Lantty ,i Montgomery ,/ Appcov City,� Attorne Thune ✓ g � � Approved by Mayor fo Su mission to Council AdoptedbyCouncil: Date 9�S��D/�7 B ��+,�,f ��„��� � � Adoption Certified by C icil Secretary BY o `,� `i Approved b y� Date � Z) By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D�� 6D� SI - �Pt of safety & Inspectioas ,� 17-AUG07 __ _ � Contact Person & Phone: � � Mark Kaisersatt � 266-9147 i Assign Must Be on Caunc'I genda by (Date): � Number O5-SEP-07 . � ' Eor — -- '. Routing Doa 7ype: RESOLUTION i Order E-Document Required: N Document Contact: ContaM Phone: Green Sheet NO: 3043071 � � 0 � eot ofSafetv & Insoectloos i 1 DeDt of Safetv & Iusoec6oas � Deparhneni D'vector ' ��'� � � Z "t3' Attornev i�:i�-� '� T 3 ,bIayor's Office MavodASSistant )�, �' -- r 4 ICOmcil I ' 5 'ty Clerk Citv Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of a resolution granring the Intemational Market Place, represented by Toua Xiong, Owner, an exemption from the sound level limitations in Chapter 293.09, in order to present live music, with lunitarions, from 9:00 a.m. to 6:00 p,m on September 15 and 16, 2007, at International Market Place, 217 Como Avenue. itlafions: Approve (A) or R Planning Commission CIB Committee Civil Service Commiss(on t. Has this persoNfirm ever worked under a contract for ihis departrnent? Yes No 2. Has this person/firm ever 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 separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Chapter 293.11 provides for the ganting of variances from the sound level limitations contained in Chapter 203.09. Advantages if Approved: Applicant may present tive music. DisadvanWges If Approved: l�eighbois within earshot of the noise source will be subjected to music. Disativantages If Not Approved: Applicant may not present live music. Totel Amount of CosdRevenue 9udgMed: �������11 6s��6�r Trensaction: , Punding Source: Activity Number. 4�p , Financtai lnfortnation: (Euplain) � August 17, 2007 5:22 AM Page 1 <� j 5��� CITX OF SAP�tT PAUL Christapher B. Cofeman, :foyor Fi44�� � V�� AUG 15 �007 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of tha Saint Paul I.egislative Code 1. Organization n or person seeking variance: �-� ` 2. Address: C� f�" ���'}�,Z�i 7�.�t% ' 3. Responsibleperson: , 7�✓�`� X����e 4. Title or position: ��� S. Telephone: ( �Gr� � L,�D� `���1 6. Briefly describe the noise sousce and equipment . � 7. Address ar legal description of noise OFFICEOFLICE?ISE,:NSPECIIONSIU�'D C���b� E.�'VSRON�fENIAL ?ROTECSION 3ob Kessler, Directar CO:NMERCc'dUILDf4G Je[epho�e: 6SI-Z66-9090 BFovrrhSLFS1�te200 Facs.mile: 551-266-9i2e SaintPcssl,M:nrzesom55i01-;024 '%eb.'ur�wJiep:+s c� i�i`TC_ M ����tG � 4�1"'} �Q�° s �, �� ��,,¢ _ �/ y / � �'�- �2� ��''c= , 8. Noise source time of operation: ��' 10 `L�� ��� � 9. Briefly �lescribe the steps that wiR be taken ta minimize the noise E�� v'�C�'n �-�.��L�, �i..Z(�Y1�E:�) A ��� �C�I�P Z�� ��tT- l`t��c-t�C.�l1�.'� 10. Briefly state reason for seeking h�tZ�, �'�, � ru 11. Dates during which tbe variance is Signatnre of `� 1 l�,�z � � , �� �-- Date ���� � SRIHT PAUL .� I, Date: 08/15/2007 Received From: INTERNATIONAL MARKETPLACE DSI RECEIPT 217 COMO AVE ST PAUL MN 55103 Description: Invoice Details 527835 Noise Variance TOTAL AMOUNT PAID: Paid By: PaymentType Check# ReceivedDate Amount Check 3152 08/15/2007 $150.00 Invoice Amount $150.00 CITY OF SAINT PAUL DepartmentofSafery ����� antl inspztons 8 Fourth Street Eas[, Smte200 Saint Paul, MinnesoW 55101-1025 (651J2C'v-9090 Fac: (651)266-9t24 wuiw stpauLgov/dsr Amount Paid �150.00 $150.00 Page'I of 1