08-402Council File # ���IDa
Green Sheet # 30�1(� 76
RESOLUTION
CITY OF
Presented by
PAUL, MINNESOTA
:
Saint Paul Legislative Code was enacted to regulate the subject of
noise in the City of Saint Paul; and
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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 constitute an unreasonable hazdship on the applicant, other persons or on the community; and
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WHEREAS, Minnesota Swann, represented by Emily Gausman, Marketing Manager, who has
been designated as the responsible person on the application, has applied for a vaziance to present live
music at 150 Kellogg Blvd W.; and
WHEREAS, applicant is seeking a variance for the hours of 9:00 p.m. to 11:30 p.m., on Apri1 19,
2008; and
WHEREAS, if applicant is not granted a variance it will not be able to present live music at 150
Kellogg Blvd. W.; and
WHEREAS, the Department of Safety and Inspections has reviewed the application and has made
recommendations regarding conditions for the variance; now, thexefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Minnesota
Swann, subject to the following conditions:
1) The variance shall be for the hours of 9:00 p.m. to 11:30 p.m., on April 19, 2008.
2) All electronically powered equlpment 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 11:30 p.m. on the event date.
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35 FURTHER RESOLVED, that any violarions of the condirions set forth above on April 19, 2008,
36 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal
37 citation which might issue.
Requested by Deparhnent of Safery & Inspecrions
By: L/l'.�.� �¢.�
Chrisrine Rozek
Form Approved by City Attorney
�YLtAA�X _ f �A�l. �l.t.�/1
Rachel Tierney
Adopted by Council: Date '�� / By:
Adoption Certified by C uncil Secretary
By: .� � /�.�r
Approved 2a Date y
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Approved by Mayor for Submission to Council
BY� ���g .vz �v t-
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
b� -�o r
DepartmenVofficelcounciL- � DatelNtiated; � Green Sheet NO: 3051670
$� - DepCOfSafeTy&Inspections i 31-MAR-08 �
Contact Person & Phone: ' Department Sent To Person InitiallDate
Mark Kaisersatt � � 0 Dept of SafeN & Iaspections '
Z6G9�4� �i Assign �� 1 pept of Safety & InsD�.tions � Denartment D'uector '
Must Be on Council Agenda by (Date): ' Number Z City pttomev �� ��'l�1
16-APR-OS p ' For I —T"
_ 7 U KL � C � Ef� �.�t ', Routing � 3 ?Vlayor's Office Mavor/P.ssistant '
Doa Type: RESOLUTION ', Order I� 4 'Council
� '' S ICiry Clerk - CiN Clerk
E-Document Required; N ' —
Document Confact: � !,
Contact Phone:
Tofal # of Signature Pages _(Clip All Locations for Signature)
� waion rceques[ea:
, Approvat of a resolurion granting Minnesota Swann, represented by Emily Gausman, Mazketing Manager, an exemption from the I�
� sound level limitarions in Chapter 293.09, in order to present live music, with lunitations, from 9:00 p.m. to 11:30 p.m. on April 19, '
2008, at I50 Kellogg Blvd. W. '�
idauons: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this pereon/firm ever been a city employee?
Yes No
I 3. Does this persoNfirm possess a skill not normally possessed by any
current ciry employee?
� Yes No
Explain all yes answers on separete sheet and attach to green sheet
! Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
�, Chapter 293.11 provides for the granting of vaziances from the sound level limitations contained m Chapter 203.09.
', Advantages If Approved:
� Applicant may present live music.
�, DisadvantageslfApproved:
�, Neighbors within earshot of the noise source will be subjected to music.
DisadvanWges If Not Approved:
Applicant may not present live music.
Transaction:
� funding Source:
Financial Information:
,� (Explain)
CostlRevenue Budgeted:
Activity Number:
April 1, 2008 8:40 AM Page 1
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DF3AR"lMENT OF SAFE7Y AND INSPECTIONS
Bob Kessler, Direcm�
CITY OF SAINT PAUL
ChristopherB. Colentmc Mayor
co.�r,NexceaurzDrn•c
BFmvth SbeelE, Su "ve 200
Saint Pw`L Mtimuom 55101-1024
Application for 5ound Level Variance
City oa Saint Paul Noise Ordinance
Ct�apter 243 of the Saint Paul Legislative Code
1. Organization or person seeldng
2. Address: 3 1 � ��� as� l�
3. Responsible person:��
4, Tide or uosirion: � RV 1c
5. Telenhone: (65 1) b 0 d'
GavS
f�
7e[ephwre: 651-266-9090
F¢csimi(e: b51-266-972q
Web: wwwstpard.gov/dsi
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6. Briefl describe the noise source and equipment involved:
\)J \ T� Q V'J� P C� 1 U f� S l? C C� —S �
7. Addtess or legal description of noise source:
Briefly describe the steps that wili
10. Briefly state reason for seeking
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11. Dates during which the variance is reqL :ested: y �/ 9 j o$
Signature of responsible person: Date: �! 1 �/� �1
Return completed Application and 50. 0 fee to:
CITY OF SAINT PAUL
DEPARTMENT OF SAFETY AND L�iSPECTIONS
8 FOURTA STI2EET E., SUITE 200 ;
SAIlVT PAIJL, MN 55101-1024
(651) 266-4090
:t
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1...��{i.f Y+a �(I� 1 t? l�� %�•
\ AA-ADA-EEO Employer
Office i3se Only
Date Red d.
Reviewed
Date Public Norice Sent
Referred to Council
DSI RECE4PT
Date: 03Y28/2008
Received From: MINNESOTA SWARM
317 WASHINGTON ST ST PAUL MN 55102
Descriptlnn:
Imoice Details �
589835
Noise Variance
TOTAL AMOUNT PAID:
Paid ey:
Payment Type Check # Received Date , Amount
`�heck 3842 1 03/26/2008 ; $150.00
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Invoice Amount
$t50.00
CITY OF SAINT PqUL
Department ot Safety
andinspsctions
8 Fourth Strcet East, Suite 2W
Sa�M PaW, bLnnesota SStOl-1�24
(651)266-9090 Fat (657)26b9124
www.stpaulgov/dsi
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Amount Paid
$150.00
$150.00
Panc 1 nf 1