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08-753Council File #�� Green Sheet # 3056143 RESOLUTION CI7Y OF SAINT PAl1L MINNES�TA �7 4 WI-IEREAS, §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 fu11 compliance with Chapter 293 would 6 constitute an unreasonable hazdship on the applicant, other persons or on the community; and 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 35 36 37 38 39 40 WHEREAS, Lighhung Run/Minnesota Medical Foundation, represented by Valerie Petermann, Associate Director of Events, and Gregg Anderson, Site Director, who have been designated as the responsible persons on the application, has applied for a variance to present music at Summit Brewing Company, 910 Montreal Circle; and WHEREAS, applicant is seeking a vaziance for the hours of 6:00 p.m. to 10:00 p.m. on July 25, and from 8:QQ a.m. to 6:QQ p.m. on 7uly 26, 20o8; and WHEREAS, if applicant is not granted a variance it will not be able to present the music at 910 Montreal Circle; and WHEREAS, the Department of Safety and Inspecfions 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 variance to Lighming Run/Minnesota Medical Foundation, subject to the following conditions: 1) The variance shall be for the hours of 6:00 pm. to 10:00 p.m. on July 25, and from 8:00 a.m. to 6:00 p.m. on July 26, 2008. 2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA, as measured at the closer of the sound mix or 100 feet from the noise source. 3) The applicant shall provide personnel and equipment who shall provide continuous sound levei monitoring at all noise sources and each sound mix during the hours of the variance. 4) All electronically powered equipment, PA systems, loudspeakers or similaz devices sha11 be turned off no later than 10:00 p.m. on Ju1y 25, and 6:00 p.m. on July 26, 2008. WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and � -�5� 41 FURTHER RESOLVED, that any violations of the conditions set forth above on the first date may 42 result in revocarion of the grant of a variance for the subsequent date, in addirion to any criminal citation 43 which might issue. 44 Bostrom Harris Yeas Requested by Deparhnent of Safety and Inspections ���� B �} e�'u�� Approved by the Office of Financial Services By: ` Appr by City Att�gy BY: �. i �, Approved b a or r Sub 'ss' n to uncil By: Thune Adopted by Council: Date ✓ Adoption Certified by Council Secre�4y BY ' s�ia Approve y or: Date � �� By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � t�-��3 DepartmenUoffice/council: � DaM Initiated: � $� - DeptofSafeTy&Inspeceons � 25-JUN-08 ' Green Sheet NO: 3056143 Contact Person 8 Phone: Deoarhnent Sent To Person InRiaUDate Mark Kaisersatt � � , 0 beot of Safety & Iaspections 266-9147 p 1 peot of Ssfetv & Inspectioas '� Department Director Must Be on Council Agenda by , ( l Date): ' Number Z •h.Attorney � 7�(•1� 16-JUL-0B �UgL/C X�/l,e�/✓G For � ROUting 3 ¢VIavor's OSCe Mayor/Assistant Doa Type: RESOLUTION ' Order �� 4 ICoancil ' E-Document Required: Y � 5 CiN Clerk ' Ciri L7erk Document Contact: Karen Olson Contact Phone: 2669143 ToWI # of Signature Pages _(Clip All Locations for Signature) Approval of a resolution ganting Lightning Ruv/MN Medical Foundation, represented by Valerie Petermann, Assoc Director of �, Events & Gregg Mderson, Site Director, an exemption from the sound level limitarions in Chapter 293.09 in order to present music � ' with limi[ations at Summit Brewing Company, 910 Montreal Circle, from 6:00 pm to 10:00 pm on July 25, and from 8:00 azn to 6:00 ''�, �� gm on July 26, 2008. � or Planning Commission CIB Committee Civil Service Commission 1. Has this personffirm ever worked under a contract for lliis department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and altach 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 IimitaGOns contained in Chapter 203.09. '', Advantages If Approved: '� Applicant may present the music. I Disadvantages If Approved: �'� Neighbors within earshot of the noise source will be subjected to the music. Disadvantages If Not Approved: Applicant may not present the music. TransaMion: Funding Source: Fi na nci al 1 nformati on: (Explain) June 25, 2008 338 PM CosflRevenue Budgeted: Activity Number: Page 1 �:'at�+�,. JUN/06/2008/FRI 09:21 AM FINANCIAL DIMENSION5 � 3 � O� � $ g i ___3 fi��' ' � `a'g � F � �� � 's �> �� � � a ��_ �S �� ��� �m� Q � f+ � �a w� �� ; -�. ...... ;,. ��,�.: � si:- � J � ��3 a _� � a � �a � F � � n`m p O N ;aU� a � � � � 4 V � '` � y P � � V � .J g 5 $ 8 ` �s �� ��'� gp, � ' a � � ° Y3 6 G � '� E ._, dS � N M q V� � � �n �� fi,: �,� � �� ��� /�— � 1 � � � ��- �� .� FAn No 6�1 481 c299 � � � � P, Ofl2 (iG�� / / � r 8 0 0 I g �� c � 9 a — OcGp� � � 3 8 � " O � e � � � �i > ,p v $ � � \- N fl >� � �S IQ �f � a � f�7 . � C��,�v�i �� � � � A � R'� 4 d°�� C �pm�� 1 uJ{�c �tu.` ;� f �. �� ✓-'� ' `Z S � !L- P'GJ<� d r_�I� Sa4:�-F'_ To whom it may concern, ����� � �.�,,� ��5�7� As the Lightning Run event chair, I authorize Valerie Petermann, Associate Director of Event Platming at the Minnesota Medical Foundation, to submit the application for the Noise Ordinance for the Lightning Run event. Best Regards, ��"/ c n�/� Tom<Giannetti Founiier/Director of the Lightning Run We Ride Fo: That Day When The Word "Diatietes" Holds Neither Mean � No: Power. �t ,�a, City of Saint Paul Depaztrnent of Safety and Inspections 8 Fourth St. E., Suite 200 Saint Paul, MN 55101-1024 DSI RECEIPT Date: O6l20l2008 Received From: VALERIE PEl'ERMANN dba: LIGHTNING RUN/MN MEDICAL FDN 200 OAK ST SE MINNEAPOLIS MN 55455 Description: Invoice Details 616187 Noise Vanance TOTAL AMOUNT PAID: Paid By: Invoice Amount $150.00 ClTY OF SAINT PAUL Department of Safety andlnspectlons 8 Fou[th Street East. Suite 200 Sairrt Paui, Minnesofa 55101-t024 (651) 26G9090 Fa�c (651) 266-9124 www.stpauLgov/tlsi b$ -�S 3 Amount Paid $150.00 $150.00 Page � of 1