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08-959Council File # �g � 959 Green Sheet # 3058157 RESOLUTION OF INT PAUL, MINNESOTA �S 1 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 WHEREAS, Chap�e�93 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and WHEREAS, §293.11 provides for the granting of variances from the sound level limitations contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hazdship on the applicant, other persons or on the community; and WHEREAS, McSup LLC, dba Wild Tyxnes, represented by John McDonough, Owner, who has been designated as the responsible person on the application, has applied for a variance to present live music at 33 7�' Place W.; and WHEREAS, applicant is seeking a variance for the hours of 7:00 p.m. until 10:00 p.m. on September 1 and September 4, 2008; and WHEREAS, if applicant is not granted a variance it will not be able to present live music at 33 7` Place W.; 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 grants a variance to McSup, LLC, dba Wild Tymes, subject to the following conditions: 1) The variance shall be for the hours of 7:00 p.m. until 10:00 p.m. on September 1 and September 4, 2008. 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. 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 10:00 p.m. on the event dates (September 1 and September 4, 2008). •: a �o resuit m revocanon oz tne grant oi a 37 criminai citation which might issue. 38 Bostrom Carter Hams Requested by Department of SafeTy and Inspecrions � By: � Approved by the Office of Financial Services Stark „� B Y' Thune �/ Approv City Attom�� � BY: 1� �.D 1 � Adopted by Council: Date �,�' 7��g' Approved by Mayor for Submission to Council Adoprion Certified by Coun a� Secretary By: By: Approved yoia ate �i� d � By: � __ � Green Sheet Green Sheet Green Sheet Green SBeet Green Sheet Green'Sheet_ _. - ��s 72-AUG-08 Contact Person & Phone: , � DepartmeM SentTo Person initialiDate Mark Kaisersatt � ', . 0 D ¢� t ofSafery & Iaspections .__ 26&9147 �' p,sgj9n �i 1 iDeot of SafeN & Inspectians ', Depar�ent Director i.. Must Be on Council Agenda by (Date): Num6er , 27-AUG-OS �UgL ICN�%��ING '� Far , 2 'CtitvAttornev ____'_ --- ' Routing � 3 'Mavor'sO�ce MavorfASSistant _ ___ Doa Type: RESOLUTION ; Order �'�, 4 ,Council ' ^_ _ _ E-Document Required: Y ' �� 5 'Ciri Clerk Ciri C7erk ',___ Document Contact: Karen Olson �, � � ConWct Phone: 266-91A3 Total # of Signature Pages _(Clip Ali Locations for Signature) Approval of a resolution granting McSup LLC, dba Wild Tymes, represented by John McDonough, Owner, an exemption from the sound level limita[ions in Chapter 293.09, in order to present live music, with limitarions, from 7:00 p.m. until 10:00 p.m. on September 1 and September 4, 2008 at 33 7th Place W. tlations: Approve (A) or K Planning Commission CIB Committee Civil Service Commission 7. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person�rtn ever been a city employee? Yes No 3. Does ihis persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Nlho, What, When, Where, Why): Chapter 293.11 provides for the granting of vaziances from the sound level lunitations contained in Chapter 203.09. AdvantageslfApproved: , Applicant may present live music. DisadvanWges if Approved: Neighbors within earshot of the noise source will be subjected to music. Disadvantages If Not Approved: Applicant may not present live music. Trensaction: Funding Source: Financial Information: (Explain) August 13, 200811:56 AM CostlRevenue Budgeted: Activity Number: Page 1 -{� � v� DEPARI'MENT OFSAFEPI?ul*DINSPECIIONS ,�,��v=- Bo6Kess/QDireaor � �u�--�__`-- _._., Chr'vYOphe'B. Cotonm; dfayor ��� � COMbIERCEBUV.DING 2dephane: 651-26G9090 RFaurlh StrertE. Srdte 200 Fao�iimle: 65I-266-9724 S�n[ F�I. M'mnesota SSI01-1024 iYeb_ www�tpmd_gav/dri Application for Sound Level Varianc� City of Saint Paul Noise Ordinance Cl �apter 293 of ihe Saint Paul Legislaiive Code 1. Organization or 2. Address:� 3. Respoasible per 4. Tide or position 5. Telephone:� 6. Brieflv '1 ' t P�15 �C /h i� S`t _ 7. Address or legal des '�i of, aoise source: .f � �.� 8. Noise source time of operation: � j"1" 9 rt Briefly desc�b{e the steps that u�ill be taken to � imize the noise fJ-`ti'�cW _.(1P, r y iwn �-(- 1�S' Jif ✓� a 1 4��C� l�Z� ) � 1� 10. Briefly sta e r ason for seekin = va� Tp u���.�rh�E �� 11. Dates during which the varian :e is Signatare of responsibie person: �! i Return comgleted Applica on , CTTY OF SAIl�iT PAUL DEPARTMEIVT OF SAT+ETY Al� 8 FOITKTH STREET E., SUT CE 2 SAIl�iT PAI3L, MN 55101-1024 (65i) 266-9U90 � ��� ��L � ���4� ��: '� ,� (g�va, ! .1�611� �� Date: � �aC./ ° L�C � c :� � 9 i+? ; � y � � - ���. � �j � ti describe the noise sourc � and e ipment 7 i � nvolved: l `` lA>�i 1� C 15� ..�-_ �,n. � tll:, D r� /'�t.0/T C.�' ". � f.�^ i�� C.tf$`P C CITY OF SAINT PAUL Departrnent of Safety DSI RECEIPT a°d t�S' 8 Fourth Sbeet East, S�ite 200 . Sairrt PaW, Mnnesofa 55701-'IO24 ' _ "" . _.. .. ._ _ —_' " ' — -_ —�_�_�_ _— � -�__ :—� _'� _ '__.'—__ _ --.��-- �� � o�: oa��vzoos Received From: MCSUP LLC dba: WILD TY1dES 33 7TH PiACE W ST PAUL MN 55'102 Description: fnvoice Details 620573 Noise Variance TOTAL AMOUNT PAID: Paid By: InvoiceAmount AmountPaid $150.00 $750.00 $750.00 Page 1 of 1