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07-9281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 suLUTION WiTHDRAWN — SEE DUPLIC r OF Presented by ,'' . REA Chapter 29 e noise in City o ; and Ok07 Council File #��--�� Green Sheet # 3043970 ��urioN PAUL, MINNESOTA ,• Paul Legislative Code was enacted to regulate the subject of WIIE S, §293.11 provides for the granting of variances from the sound level 1'unitations contained in §29 09, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unre nable hardship on the applicant, other persons ar on the community; and WHEREAS, sota Wild, represented by Emily Gausman, Marketing Manager, who has been designated as the responsi le person on the application, has applied for a variance to present live music at 150 W. Kellogg Blvd.; an WHEREAS, applicant is se�cing a variance for the hours of 9:30 p.m. to 11:30 p.m., on October 6, 2007; and \ WHEREAS, if applicant is not gr ted a variance it will not be able to present live music at the 150 W. Kellogg Blvd.; and WHEREAS, the Department of Safety an Inspections has reviewed the application and has made recommendations regarding conditions for the v'ance; now, therefore, be it RESOLVED, that the Council of the City of Sa�it Paui hereby grants a variance to Minnesota Wi1d, subjectto the following conditions: � 1) The variance shall be for the hours of 930 p.m. to 1:30 p.m., on October 6, 2007. 2) All electronically powered equipment used in conjunc ' n with the event sha11 not exceed 9Q dBA, as measured at the sound mix or 50 feet from the n'se source. 3) The applicant shall provide personnel and equipment who s 1 provide continuous sound level monitoring at all stages and each sound mix during the hours o e variance. 4) All electronically powered equipment, PA systems,loudspeakers or miiaz devices shall be tumed off no later than ll 3Q p.m. on the event date. � ,: 35 �FCTRTHER RESOLVED, that any violations of the conditions set forth above on October 6, 2007, 36 da may result in denial of future requests for the grant of a noise variauce, in addition to any criminal 37 citafi which might issue. Requested by Deparane t of S�aPety & Tnspecrions By: li� l/ Appraved by the Office of Fin cial Services Adoption Cextified by Council Secretary By: ApprovedbyMayor: Date B Appro by p City� Attorney By: Q�JC� Approved by,R�a� o or Sut By: � Adopted by Council: Date � Green Sheet Green Sheet Green Sheet Green Sheet Gree� Sheet Green Sheet � D����g Department/office%ounciL � Date Initiated: ,, S� — DeptofSafery&Inspectlous ; 13-SEP-07 ; Green Sheet NO: 3043970 ConWCt Person & Phone: � Maric Kaisersatt 266-9147 � Assign Musf 8e on Council Agenda by (Date): I Number 0&OCT-07 r , � i Por —� Routing Doa Type: RESOLUTION � Order E-DocumentRequired: N Oocument Contact: ConWd Phn�e: . I 7ota1 Sf of Sigrralure Pages �(Cfip Atl Locations for Signature) Approval of a resolurion granring the Minnesota Wild, represented by Emlly Gausman, Marketing Manager, an exemption from the sound leve] limitarions in Chapter 293.09, in order to present live music, with limitarions, from 930 p,m. to 11:30 p.m. on October 6, 2007, at I50 W. Kellogg Blvd. iaanons: v,pprove (n) or K Planning Commission CIB Committee Civil Service Commission Initiating Problem, issues, Opportunity (YVho, What, When, Where, Why): Chapter 293.11 provides for the gcaming of variances from ffie sound level limi[afions contained in Chapter 203.09. Advantages If Approved: Applicant may present live music. Disadvantages If Approved: Neighbors within eazshot of the noise source will be subjected [o music. DisadvanWges If NotApproved: Applicant may not present live music. Total Amount of Transaction: Funding Source: Financial Information: (Explain) September 13, 2007 320 PM 0 ept.ofSafetv&Inspections I I I eptofSaferi&Inspec5ons i DepartmentD'ueMOr � 2 � ity Attornev ' '� 3 ayor's OfSce Mavor/Assis�a[ ' 4 ICouncil 5 ,'City Cierk � Citv Qerk ' 1. Has this person/firm ever worked under a confract for this department? Yes No 2. Has this person/Flrtn aver been a city employee? Yes No 3. Does this personlfirm possess a skill not normally qossessed by any current city employee? Yes No Explain all yes answer5 on separate sheet and attach to green sheet CosURevenue Budgeted: Activity Number: Page 1 . �����:3f i�'<:L� ��� 2 4 �6�� �'1- t �-g CITY OF SAINT PAUL Chrittopher 8, Colem¢n, .4fayor DEPAA"PMENT OF SAFEIY AND NS PECI'tONS Bob Kess[er. Direcmr CO�N.NIERCE BUILDLUG 8?ovrUz Street E., Seie 200 Saie! Pard, N<im:esom 55/07-1024 Application for Sound Levei Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislafive Code 1. Orgattization or person seeking 2. Address: 3 I�7 w Gt 3. Responsible � 4. Title or oositi 5. 6. Briefly describe the noise source arn3 equipment iizvolved: 7. Address or legal description of n so � i t/P,Y' � P.YI-�✓P t�'/ZV V✓tVl 8. Noise source time of operation: %��Ut�JYI — �� —� 9. Briefly describe the steps that wiil be taken to minim;ze the noise ��1!lI !�P �c.cr��r�t�-ir1`,�� 1-�,� � � G� �a� � � c� � 6i ' � �7 Telephaie: 651-166-9090 Facsimile: 65L26G9124 PJeb: ww�v stp¢e�Lgov/dsi � �4��`` ��� 10. Briefly state reason for seeking 11. Dates duziug which the variance is Signature of responsible person: Return completed Applicatiop and $150.00 fee to: CTTY OF SAINT PAUL DEPAI2TMENT OF SAFETY AND INSPECTIONS 8 FOURTH STREET E., SUITE ZUO SAINT PAtTL, MN 55101-1024 (651) 26b-9090 s Date: �//�' /C17 Office Use Only Date Redd. Reviewed Date Pubiic Notice Sent Referred to Council AA-ADA-EEO Employer DSI RECEIPT Dafe: �9/13l2007 Received From: MINNESOTA W1LD 317 WASNINGTON ST ST PAUL MN 55i02 Description: Invoice Details 53l33I Noise Variance TOTA� AMOUNT PA1D; Paid By: �ayment Type Check # Received Date Amounk �heck 50977 � 09/13/2007 I $150.00 I Invoice Amount �t 50.00 CITY OF SAINT PAUI Department of Safety �� � _ n and InspecEons O l�� B Fourth Street EasS Suite 2W Saint Paui, Minneso:a 55101-t024 (651) 26G-9090 Fax (65t) 26F>9124 �wnv,sfpaul.gov/dsi Amount Paid $150.00 $150.00 Page 1 of1