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08-1047Council k�le # n�- �/J(-k� Green Sheet # 3058858 \ RESOLUTiON �� OF�SAINT PAUL. MINNES 1 WHEREAS, Chapter 293 of the Saint Paul I.egislative Code was enacted to regulate the subject of 2 noise in the City of Saint Paul; and 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 ful] compliance with Chapter 293 would 6 constitute an unreasonable hardship on the applicant, other persons or on the community; and 8 WHEREAS, Associated Dentists Ltd, represented by Keith Robberstad, Clinic Administrator, who 9 has been designated as the responsible person on the application, has applied for a variance to present 10 amplified band music at 1371 7`�' Street W.; and 11 12 WHEREAS, applicant is seeking a variance for the hours of 4:00 p.m. to 7:00 p.m. on September 13 26, 2008; and 14 15 WHEREAS, if applicant is not granted a variance it will not be able to present amplified band 16 music at 1371 7`� Street W.; and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WHEREAS, the Department of Safety & Inspections has reviewed the application and compazed it to other noise vaziances that were approved by the Council and has made recommendations regazding conditions far the vaziance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Associated Dentists Ltd, subject to the following conditions: 1) The variance shall be for the hours of 4:00 p.m. to 7:00 p.m. on September 26, 2008 at 1371 7` Street W., and 2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA, as measured at 50 feet from the noise source, and 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; and 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be tumed off no later than 7:0� g.m. on the event date. 6�- I D�� 43 45 FiJRTHER RESOLVED, that any violations of the conditions set forth above on the September 26, 46 2008 event date may result in denial of future requests for the grant of a noise vaziance, in addition to any 47 criminal citation which might issue. 48 Yeas Na s Absent Bostrom �/ Carter � x��s ,� Helgen � Lantry ,/ Stark ,/ Thune �/ � � Adopted by Council: Date y�/,�jJ� Adoption Certified by Council Secretary ! B � Approve y Ma or: Date By: Requested by Department of Safety and Inspections �a� B � Approved by the Office of Financial Services B _ _ Apgro 6y City Attorney BY. �� Approv d Ma c r S � si n to ouncil By: �i. � � Green Sheet Green Sheet i �'�� �� .,,..,.�,.. _.............,....... . .............. Contact Person & Phone: �, � Departrnent Sent To Person Initial/Date � Maric Kaisersatt � ' 0 ��Dent ofSafeN & Insaections ' 266-9747 , p�j9� 1 �DeotofSafeN&Inspections DenartmentDirec[or � Must Be on Council Agenda by (Date): ; Number � Z 'Gyly Attorney 17SEP-OS P�g��(� H���j�� �'�, For . -- -- - -- ---� , Routing � 3 MaYOr'sOtfice MavodAssistaut Doc.Type: RESOWTtON I Order ' 4 ,� E-DOCUment Required: Y , � 5 , ity Clerk Citv Cterk _ _. _ Dowme�t Contact: Karen Olson � Contact Phone: 2669143 Total # of Signature Pages _(Clip All Locations for Signature2 Action Requested: Approval of a resolurion granting Associated Dentists Ltd. an exemption from the sound level limitations in Chapter 293.09, in order to present amplified band music, with limita6ons, from 4:00 p.m, to 7:00 p.m. on September 26, 2008 at 1371 7th Street W. Planning Commission CB Committee Civil Servfce Commission t. Has this person/firm ever worked under a contrect for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciiy 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 293.11 provides for the granting of variances from the sound level limitations contained in Chapter 203.09. � Advantages If Approved: Applicant may presen[ amplified music. �isadva�Wges If Approved: Neighbors within earshot of the noise source will be subjected to music. Disadvantages If Not Approved: Applicant may not pcesent amplified music. Transaction: Funding Source: F inancial Information: (Explain) CostlRevenue Budgeted: Activiry Number: August 29, 2008 2:22 PM Page 1 DEPARTMENTOFSAF£TY"AND CITY OF SAINT PAUL CO�LLIERCEBL7LDLVG 651-266-9090 IFeb: wxvtstpauLgatildsi Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Lea siarive Code � ��'` k ; � y ' � �, e �� i � l. Oraanization or person seeking variance: Q-SSUC�, ct�cC-� � evti'� €�� L�-� 2. Address: 13� \ � � ��- ��'s- 5�� Pc�..�,.�— �'�'�.� � 3. Responsible person: � �� 2G5�-e,r �'s __ 4. Title or position: C� ��� �s'cbV� �-�-� �-�� 5. Telephone: ((oS\ 1 ZZZ-c�3> 1 6. Briefly describe the noise souzce and equipment invoived: 't�%�4 v� Cv�t���,� 7. Address or legal description of noise source: „ -'����-�tti,�.��� a-`' 'ljf-kt{;3 � � ��-. - � E-r.ca I i�l.:��� ( : z4�:.k�. ��r l}:�� �+v r-v-3 8. Noise sotuce time of operarion: ^' �� � w. —� 9. Briefly describe the steps that will be taken to minimize the noise levels: vvvx;� n,�ee;..� �s.�e- �l ��.�-�-� s,n�.�\ ��-e� Fw�-�e�ti� �.,�w�` �s..u.,� : �^� V`�v.,�c,� �t ww�� �w�c oi� ` -- - 10. Briefly state reason for seeking variance:1' �a��z�-'�:,�.�, � Cb,n�.�w,.�_5 35`� cc v�.',,va-rSu-: ✓� l I.�ates during which the variance Signature of responsible person: � � S� � � � ��" k �k � � ` �� � � Date: � �2. � 'v `� 150.00 fee to: Office Use Only iPECTIONS AA-e1DA-EEO EmploYer �,� Date Rec'd. Reviewed Date Public Notice Sent Referred to Council F ='(�C�.r`� - ;� `.:�.�Cvr I� .. ___ _ - - - --------- ----- � DepartrnentofSafery � ' ��/7 DSi RECEIPT �dlnspectlons � B Fo�ih Street East, Smta 200 Satrrt Paul, h5nnesata 55101-1024 _ _ —_ — 1 °`...".-�a.g:,� Oate: 08/29/2008 Received From: ASSOCIATED DENTISTS LTD dba: KEITH ROBBERSTAD '137'I 7TH ST W ST PAUL MN 55102 Description: Invoice Defails 622055 Noise Variance TOTAL AMOUNT PAID: Paid By: ayment Type Check# I ReceivedDate , Amount 9098 08/29/2008 5150.00 tnvoice Amount 5750.00 Amount Paid $150.00 $150.00 Page 'I of 1