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07-906Council File #�'�.��� Green Sheef # 3043970 OF Presented by Chapter 2 noise in the City o�S�PaGf; and PAUL, MINNESOTA Paul Legislative Code was enacted to regulate the subject of 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 6 constitufe an unreasonable hazdship on the applicant, other persons or on the community; and 10 11 12 13 14 WHEREAS, Minnesota Wild, represented by Emily Gausman, Mazketing Manager, who has been designated as the responsible person on the application, has applied for a variance to present live music at 1 SO W. Kellogg Blvd.; and WHEREAS, applicant is seeking a variance for the hours of 9:30 p.m. to 11:30 p.m., on October 6, 2007; and 15 WHEREAS, if applicant is not granted a variance it wi11 not be able to present live music at the 150 16 W. Kellogg Blvd.; and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 33 32 33 34 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 Minnesota Wild, subject to the following conditions: 1) The variance shall be for the hours of 930 p.m. to ll:30 p.m., on October 6, 2007. 2) All electronzcally powered equipment used in conjunction with the event shail 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 manitoring at all stages and each sound mix during the hours of the variance. 4) All electronically powered equipment, PA systems, loudspeakers oT similaz devices shall be turned off no later than 1130 p.m. on the event date. D'7-%dG 35 FURTHER RESOLVED, that any violations of the conditions set forth above on October 6, 2007, 36 dates may result in denial of future requests for the grant of a noise variance, in addirion to any criminai 37 citation which might issue. Resolution was adopted 9/26/07 in errar; recalled and adopted 10/3/07. Requestn by�nt of�fe & Inspections By: Approved by the Office of Financiai Services By: Appr by City Attomey B ��R_ �T�t A roved b Afi o or Sub ssn n to Council PP �� BY T _i'�.0 � ,� Adoption Certified by Counc' Seccetary BY ____%� /G�' � ! � s� Approve b yo Date [ � 7 0 By: Adopted by Council: Date /�'�03 / d�, � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � p7-��;,, s , -�,GOfs��&�aa� ',3sEP-o� ! Green Sheet NO: 3043970 -- � Contad Person 8 Phone: ; � I Mark Kaisersett I, l 26E9147 ; � Must Be on Council Agenda by (Date): � Number j 03-OCT-07�� Por ' Routing ; Doc.Type; RESOLUTfON ' Order E-Document Required: N Document ConWd: Contact Phon¢: I I 7otal # of Signature Pages _(Clip All Locations for Signature) 0 �peptof5afetv&Inspecfiaus 1 t oFSafetv & Ins�ectiom • Department Daector 2 �Ltiry Attomey ' 3 yor's Ofiice Mavor/ASSistaut 4 iCouncil 5 ',GSN CSeck Citv C1erk Appcoval of a resolution granting the Minnesota Wild, represented by Emily Gausman, Mazketing Manager, an exemption from the sound level ]imitations in Chapter 293.09, in order to presen[ live music, with limitaqons, from 9:30 p.m. to 1130 p,m. on October 6, 2007, at ] 50 W. Kellogg Blvd. Planning Commission CIB Committee Civil Service Commission t. Has this persoNfirm ever worked under a contract for this depaAment? Yes No 2. Has this person/firm ever been a city employeel Yes No 3. Does this personlfirm possess a ski11 not normatiy possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet initiating Problem, lssues, Opportunity (Who, Wfiat, Whe�, Where, Why): Chapter 293.1 I provides for the granting of variances from the sound level limitations contained in Chapter 203.09. AtivanWges If Approved: Applicant may present live music. � Disadvantages If Approvetl: Neighbors within earshot of the noise sowce will be subjected to music. Disadvantages if Not Approved: Applicant may not present live music. Transadion: Funtling Source: Financial Information: (Explain� CosURevenue Budgeted: Activity Number: � ���� ��T .� �� ; � �1; September 13, 2007 3:20 PM Page 1 D "1-ld�o DEPART:v(ENT OF SAFETY AND INSPECTlOtiS Bob,Kesslec D(rec!or 5z�vri PA�L� � `� �AAA CITY OF SANT PAUL Cia�stapker B. Colemmq -Nayov COh��NERCE BU7LDf�VG 8 Fourth Street E„ S�c.e 2D0 Saur[Ya�d, �Kiienzsota 55lO!-l014 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Pau1 Legisiative Code 1. Organization or person seeking � 2. Address: 3 �� lA� G� � 3. Responsible person:�� 4. Title or position: m Gti( �(� 5. Telenhone: ((oS/ 1 (00� - 6. Briefly describe the noise source and equipment 7. Address or legal description V 8. Noise source time of 4. Briefly describe the steps that will be taken to minnnize the noise i.r>i I/ hP 5u �rdeti:�d`�d' .h;� �� � - R�'4- O -7 10. Briefly state reason for seeking variance: ll. Dates during which the variance is Signature of responsible person: /o Return completed Applicatiop and $15Q.00 fee to: CITY OF SAINT PAUL DEPARTVIENT OF SAFETY AND INSPECTIONS 8 FOURTA STREET E., SUITE 200 S�T PAUL, MN 55101-1024 (651) 2fi6-9090 AA-ADA-EEO Employer S Date: ��3 1a 7 Office Use Only Date Rec'd. Reviewed Date Public Notice Sent Referred to Council Te[epl�one: 55l-266-9090 Facsineile: 551-266-9t24 AJeb: wi.�wstp¢�d.gov/dsi � ����'` ��� DS4 RECEIPT Date: 09/73/2007 Received From: MINNESOTA WILO 357 WASHItSGTOt� ST ST PAl}L MtJ 55102 �escription: Invoice Details 531331 Noise Variance TOTAL AMOUNT PAID: Paid By: !PaymentType Check# Received�ate Amount 'Check ` 50977 ` 09/13l2007 � $150 00� �—__� Invoice Amount $150.00 CITY O� SAINT PAUL DepaM1meM of Safely �� �D� and Inspections 8 Fourtn 5treet East, Svtlx 200 Saint Paul, Minnesola 55101-1024 (951) 266-9D90 Far. (65� ) 26E-5125 v✓vnv stpauLgov/dsi Amount Paid y�150.00 $150.00 Page 1 of 1