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07-804Council File # - �� Green Sheet # p RESOLUTION 39 OF S N�AUL, MINNESOTA 2 4 6 7 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 35 Presented by� WHEREAS, of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and WHEREAS, §293.11 provides for the granting of variances from the sound level limitations contained in §293.09, upon a fmding by the City Council that fu11 compliance with Chapter 293 would constitute an unreasonable hazdship on the applicant, other persons ar on the community; and WHEREAS, Minnesota Music Festival, represented by Steve Cerkvenik, Owner/ Producer, who has been designated as the responsible person on the application, has applied for a variance to present live music at the Minnesota Music Festival, Harriet Island Regional Pazk, 151 Water St. W.; and WHEREAS, applicant is seeking a variance for the hours of 5:00 p.m. to 10:00 p.m., on September 21, 2007, and from 12:00 (noon) to 10:00 p.m. on September 22, 2007; and WHEREAS, if applicant is not granted a variance it will not be able to present live music at the Minnesota Music Festival, Harriet Island Regional Park, 151 Water St. W.; 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 variance to the Minnesota Music Festival, subject to the following conditions: 1) The variance shall be for the hours of 5:00 p.m. to 10:00 p.m., on September 21, 2007 and from 12:00 (noon) to 10:00 p.m. on September 22, 2007. 2) All electronically powered equipment used in conjunction with the event sha11 not exceed 100 dBA, as measured at the sound mix or 100 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 10:00 p.m. on the event dates. V � ' V V � 36 FURTHER RESOLVED, that any violations of the conditions set forth above on September 21, 37 and September 22, 2007 date may result in denial of future requests for the grant of a noise variance, in 38 addition to any criminal citation which might issue. � Thune ✓ ✓ ✓ ✓ Adopted by Council: Date � Adoption Certified by Counci Secretary BY� n i` . r� Approved by Mayor: Date ��0�� BY �i � � —�_ � Department of Safety & Inspections ! ��Q , fl- �.r , By: 1:/� Approved by Mayor By: ��� Services to Council �P�oaoa� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � �'� s,�� �P ofs�����tia� ! 13-AUG-07 � Green Sheet NO: 3042878 l� G`, Confact Person 8 Phone: ' � Mark Kaisersatt i 26G9147 �' qssign Must Be on Council genda b(Date): ' Number OSSEP-W � 'i For --- -- Routing Doa Type: RESOLUTION I Order E-Document Required: N Document Contact: 0 pept of SafeN & Inspec4ons I � 1 L of Safeh & In pecti � Dea r[me t D' t � 2 1�1Y Attornev ' -^i�- _ 8'�� � vor's O�ce i Mayor/ASSistant � �eZ.L� 4 omd I 5 ity Clerk CStY Cluk _ ' Coniact Phone: I Totai # of Signature Pages _(Clip Ali Locations for Signature) Action Requested: Approval of a resolution granring the Minnesota Music Festival, represented by Steve Cerkvenik, Owner/Produce, an exemption from the sound level Ivnitations in Chapter 293.09, in order to present live music, with limifations, from 5:00 p.m. to 10:00 P.M. on September 21st, and from 12:00 (noon) to 10:00 p.m. on September 22, 2007, at the Harriet Island Regional Park, 151 Water St. W. �datwns: approve �H� or n Planning Commission CIB Committee Civil Service Commission 1. Has this personffrtn ever worked under a contract for this department? Yes No 2. Has this persoNfirtn ever been e city employee? Yes No 3. Does this persoNfirm possess a skill not normally passessed by any current city employee? Yes No F�cplain all yes answers o� separete sheet and attach to green sheet Initiating Probiem, lssues, Opportunity (Who, Wha4 When, Where, Why): Chapter 293.1 I provides for [he granting of variances from the sound level limitations contained in Chapter 203.09. Advantages If Approved: Appticant may present live music. Disadvantages If Approved: Neighbors within earshot of the noise source will be subjected to music. Disadvant�qes If Not Approved: Applicant may not present live music. Tofal Amount of Transaction: Funding Source: Financial Information: (F�cplain) August 13, 2007 10:18 AM Cost/Revenue Budgeted: Activity Number: a:•n � GUU4 i^t�� i � ,- � - . � ; . ., .'_...•: ... � .I��; Page 1 OFFICE OF LIGENSE, IlVSPECTIONS AND �^ �h I L ENVIRON;4IENTAL PROTEC"FfON � V ��� Janeen E Rosas, Director a CITY OF SALNT PAUL , R¢ndyC. Kelly, ,Yfp}•os �����SIo auG O 1200� l. Organization or 2. Address: (C 3. Responsible pex 4. Tide or position 5. Telephone: ( � 8. Noise source time of 9. $rieflv describe the s COMMERCEBUlLDING Telephone: 5�7-?66-909D SFourrhSVeefE.,Sui[e?00 Pncsimite: 6S7-Z56-9134 SaintPaul,�nnes6ta537-0t-1'02?" IYeli� www.liep.vs Applicatiou for Sound L,evel Variance Gity of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code ddl U " � source and �� —�4?21L �n of noise 10. Briefly state reason for seeking i l. Dates during which the variance is Signatur-e of responsible person - �n/ Return comple#ed Application and CI�'Y OF SAINT PAUL OFFICE OF LIEP 8 FOURTH S3'REET E., SUITE 200 S�1INT P�iTL, MN 55101-1024 � (651) 266 J090 ��' g�, ��l � �l� �����L. ,� .ri5 � � � �e�� Date � �� fee to: O�ce Use OnZy AA-A�DA-EEO Employer Date Rec'd. Reviewed -- . Date Public Notice Sent Referred to Council 0 DSI RECEIPT Date: 08/0�/2007 ReceivedFrom: MINNESOTAMUSICFESTIVAL 60'I DAYTON AVE ST PAUL MN 55102 Description: Invoice Details 526315 Noise Variance TOTAL AMOUNT PAID: Paid By: �Payment Type Check # Received Date Amount �eck 2003 OS/01/2007� � � � $150 00 I InVOice Amount $150 00 CITY OF SAINT PAUL � Department of Safety � �/ � andlnspections �U 8 Fourth Street East, SuRe 200 Saint Paul, Mv�nesota 55'.Ot-1024 (651) 266-9090 Faz (651) 266-9124 wwwstpaul gou/dsi Amount Paid $150.00 $150.00 Page i`6(1