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07-867conn�s� Fs�e # b� —8 (P � Green Sheet # 3 ��{ 3 3�i � OF Presented by WHEREAS, Chapt�e�t noise in the City of Saint Paul; and RESOLUTION NT PAUL, MINNESOTA r�7 Saint Paul Legislative Code was enacted to regulate the subject of 4 WIIEREAS, §29311 provides for the granting of variances from the sound level lunitations 5 contained in §293.09, upon a finding by the CiTy Council that fixll compliance with Chapter 293 would 6 constitute an unreasonable hardship on the appiicant, other persons or on the community; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ZS 26 27 28 29 30 31 32 33 34 WHEREAS, Metro Magazine c/o Tiger Oak, represented by Shana Karle, Director of Sales Development, who has been designated as the responsible person on the application, has applied for a variance to present live music at Hamm Plaza; and WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. 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 Hamm Plaza; and WHEREAS, the Department of Safety and Inspections has reviewed the applica6on 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 Metro Magazine c10 Tiger Oak, sub}ect to the following conditions 1) The variance shall be for the hours of 6:00 pm. to 10:00 p.m., on September 22, 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 10:00 p.m. on the event dates. 6���10� 35 FtJRTHER RESOLVED, that any violations of the conditions set forth above on September 22, 36 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. Requested by De nt o Safety & Inspecfions By: J ��G`����_�� ;� -„ riarns � Approved by the Office of Financial Services �Ielgen � Lanhy ,� BY � Montgomery � Approved by City Attorney Thune �/ By: �� �v�- � l I C2� .. AdoptedbyCouncil: Date q �/C/��?/JjJ-� g Adoption Certified by Counc' Secretary BY� � Approved yo;. Date — C7 By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �" b�� Departmenfloffice/counciL Date Initiated: ! s , -�tof����ti� l Z�-A��� ; Green Sheet NO: 3043394 Contact Person & Phone: Mark Kaisersaft 2669147 Must Be on Council Agend '19SEP-07 Doc. Type: RESOLUTION E-Uocument Required: N Document Confact: ConWct Phone: � i veparuneni aena � a rerson 0 � pt of Saferi & Inspec6ons � i Assign I 0 C5ri Attornev I 1 Number i 0 omcit � � For Routing 1 evt of Safery & InspecHoas DeDar�ent Director Order 1 IComc�l � 1 a or's Office 2 Attorne z ouncil Total # of Signature Pages _(Clip All Locations for Signature) � Approval of a resolution granting the Meho Magazine c/o Tiger Oak, represented by Shana Kazle, Director of Sales Development, an exemption from the sound level limitations in Chapter 293.09, in order to present live music, with limitations, from 6:00 p.m. to 1�:0� p.m. on September 22, 2007, at Hamni Plaza.. Planning Commission CIB Committee Civil Service Commission 1. Has this pereon/firm ever worked under a contrect for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Chapter 29311 provides for the granting of variances from the sound level limitarions contained in Chapter 203.09. AdvanWges If Approved: Applican[ may present live music. Disadvan Wges If Approvetl: Neighbors within earshot of the noise source will be subjected to music. Disadvant�qes If Not Approved: Applicant may not present Live music. Transaction: Funtling Soorce: Financial lnformation: (F�(plain) CostlRevenue BudgMed: Activily Number: September 14, 2007 8:47 AM Page 1 ��'��� DEPARTNIEN'C OF SAFETY AND INSPECTfONS -- Bob Kessleq Direcmr cz� oF sa�T rAUL. ChristopherB.Colemaq Mayar COMA4ERCEBUILDIIJG 8 Fo�th Street E., Suite Z00 Saint Paul, Minnesota SSIOi Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislafive Code 1. Organization or person seeking � 2. Address:_ GICD �. 3� Telephone: 651-266-9090 Facsimi7e: 657-266-9I24 We6. wnw.stpauLgov/dsi t1 +� J 1 i L t��`� I ��� �� 5��� 3. Responsible person: �l� �� �n n ��/ p 4. Title or position: l� teP�F?UYL t� Sri`�-L-�'S [� P Vf�3v✓I PM� 5. Telephotte: S_(y( 2 1 5�-FSP- 3 Z"1 [P 6. Briefly describe the noise source and eyuipment involved: D T �ivt d� �l ' u r� oL 7. Address or 1ega1 description of noise source: 1-�'In� Yvc2 �l GI 7�t 8. Noise source time of operation: �n -� d� tM 9. Briefly describe the steps that wiil be taken to minimize the noise levels: 1/i� l i t, x t2� �'. Jd ��a�° - {�Ofi /(.P�PlltiPo� Q ��r,c,Y Q firr -f�,catia t�1l�PA 10. Briefly state reason for seeking variance: OD 11. Dates during which the variance is requested: �-,3- �' a00 � Signature of responsible person.• Date: 8'ad- ao0� Return completed Application and $150.00 fee to: CTTY OF SAINT PAUL DEPARTMENT OF SAFETX AND INSPECTIONS 8 FOURTH S'i'REET E., SiTITE 200 SAINT PAUL, MN 55101-1024 (651) 266-4090 Office Use Only Date Rec'd. Reviewed Date Public Notice Sent Referred to Council AA-ADA-EFA Employer DS1 RECEIPT �ate: �8l23/2�07 Received From: METRO MAGAZINE dba: TIGER OAK 900 3RD ST S MINNEAPOLIS MN 55415 Description: Invoice Details 528745 Noise Vanance TOTAL AMOUNT PAID: Paid By: Type � Check# Received Oate � Amount Invoice Amount $150 00 CITY OF SAINT PAl7L DepaAment of Safety and Inspeclions B Fo�rn SVeet East, Sv�te 2G0 Sam[ Pacl, M:nnesoa 5510: �024 (6511 �6-°090 Fxz (651) 266-3124 vmrv✓stpaul9ou/OS! O /' V`�`� Amount Paid $150.00 $150.0� Page 1 of 1