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08-596Council File # D8 -5�� Green Sheet # ��, ,�'3730 RESOLUTION NT PAUL, MINNESOTA Presented by �� WHEREAS, Ch ter 293 of the ainf Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint ; 4 WFIEREAS, §29311 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 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 35 36 37 38 WFIEREAS, Taste of Minnesota, represented by Ron Maddox, General Manager, who has been designated as the responsible person on the application, has applied for a variance to present live music at Harriet Island Regional Park; and WHEREAS, applicant is seeking a variance for the hours of 1:00 to 10:00 p.m., on July 3, 4, 5, and 6, 2008; and WHEREAS, if applicant is not granted a variance it will not be able to present live music at Harriet Island Regional Park; and 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 �ants a variance to Taste of Minnesota, subject to the following conditions: 1) The variance shall be for the hours of 1:00 pm. to 10:00 p.m., on July 3, 4, 5, and 6, 2008. 2) A11 electronically powered equipment used in conjuncrion with the event shall not exceed 102 dBA, as measured at the closer of the sound mix or 100 feet from the front of the stage (s). 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) If the "Target Stage" is to be used, it will be operated in the configuration recommended to Parks and Recreation in the 2005 Report and Recommendations with respect to the speaker placement and sound levels. 5) 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 (July 3, 4, 5, and 6, 2008). b£S �� 39 FLIRTHER RESOLVED, that any violarions of the conditions set forth above on any of the dates 40 may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal 41 citation wluch might issue. 42 Requested by Department of Safety and Inspections Adopted by Council: Date ��i,���/fjJ,� Adoption Certified by Council Secretary By: � Approved b r: Date �q p By: B Y' l/�WV� � /2n� Approved by the Office of Financial Services By: Approv by City Attomey j � •�—^— $Y� Gte/�wE �� 8/✓J_ Approved a or ar S on to Council By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � bg ��'� r� Departmentloffice/council: i Date INtiated: ' Sy - DepcofSafetyffiInsputio� � ,4_�,,Y-0B ' Green Sheet NO: 3053730 Co�taM Person & Phone: Deoatfinent Sent7o Person InKiai/Date Mark KaiSersaC , � � 0 Dent of Saferi & Inspecfions __ 2669�47 '� p55ign ; 1 ilept of Safery & Iasoeciio '� DeparLment Director (p, Must Be on Council Agenda by (Date): � Number ; Z K,ytv Attornev ' � S� I 04JUN-OS � For i, �1(8�1G i-l�A�RINCs I RoUting 3 S�Iavor'sOfSce ' MaYOr/ASSistapt Doc. Type: RESOLUTION �I Order 4 ICouncit ' E-DOCUment Required: Y I 5 'tv Cierk ' Ctitv Clerk DocumeatContact: KarenOlson � i Contact Phone: 266-9143 ToWI # of Signature Pages _(Clip All Locations for Signature) Approval of a resolurion granting Taste of Minnesota, represented by Ron Maddox, General Manager, an exemption from ffie sound � level limitafions in Chap[er 293.09, in order to present live music, with limitations,_from 1:00 p.m. to 10:00 p.m. on July 3, 4, 5, and � 6, 2008. iaanons: Hpprove �N� or n Planning Commission CIB Committee Civil Service Commission i. Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this pereon/firm possess a skill not normally possessetl by any cu�rent city employee? Yes No F�cplain atl yes answers on separete sheet and attach to green sheet ' Initiating Problem, Issues, OppoAunity (Who, What, When, Where, Why): , Chapter 293.11 provides for the granting of variances from the sound tevel limita[ions contained in Chapter 203.09. AtivaotageslfAppcoved: Applicant may present live music. Disadvan W ges If Approved: Neighbors within earshot of the noise source will be subjected to music. Disativantages If Not Approved: , Applicant may not present live music. Transaction: Funding SoUrce: Financial Information: (Explain) May 14, 2008 9:50 AM CostlRevenue Budgeted: Adivity Number: Page 1 `Cu+unR. DEPARTA�.NT OF SAFETY AND INSPECTIONS Sob Kessler, D "uecWr fy� � ,r� � V� �� CITY OF SAINT PAUL Clvistophrr B. Colemars, M¢yar COMMERCEBUILDING 8 Fmvth Sbeet E., Stdte 200 Somt Pau1, Minnesota 55101-10�4 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint paul Le�islarive Code i . Organization ar person 2. Address: I b c 3. Responsible Te[ephane: 651-2669090 Facamrle: 651-266-9124 Web: www.slpaul.gw/dri �� S � � Q l � � � N Q- V variance: 7i�S7E �� �1�r.��pSo�7d�- 4. Title or position: C� eas Po a 1 Pl'1 aua_� � 5. Telephone: � b SI ) � � a- 9 G�� 6. Briefly describe the noise source and equipment 7. Address or legal description of noise source: 8. Noise source tlme of operarion: 1 P M — i o Pi'v� 9. Briefly describe the steps that will be taken to �inimize the noise levels: 5-} �co s�c� `� e3 2�r..� =,.����. c� ra c�.�,:.; t�9u �� 10. Briefly state reason for seeking variance: A d.�' � 50� �c� n�.e-P c��ecl �-a c�W r� t4� i l. Dates during which the variance is Signature of responsible person: Return completed Application and $150.00'fee to: CI'I'Y OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS 8 FOURTH STREET E., SLTITE 200 SA1NT PAUL, MN 55101-1024 (651)266-9090 �EIVFD IN D.S.%. '� 1:.It' � Date: _ Office Use Only Date Redd. Reviewed Date Public Notice Sent Referred to Council AA-ADA-EEO Employer QS( RECEIPT Date: OS/12/2008 Received From: CAPITAL CI7Y PARTNERSHIP '1097 PAYNE AVE ST PAUL MN 55'IO'I-3739 Description: invoice Dehils fiO3475 Noise Variance TOTAL AMOUNT PAID: Paid By: ayment Type Check # Received Date Amount heck 6533 OS/12/2008 $150.00 Invoice Amount $150.00 CITY OF SAINT PAUL Departrnent of Safety andinspections 8 Fourth SVeet East, Surte 200 Samt Paul, M1Lnn¢sota 55101-1024 (651) 266-9090 Faz (65t) 266-9t24 www.stpauigou/tls G � ��°/ W Amount Paid $150.00 $150.00 Page 1 of 1