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09-259Council File # �� �Gf Green Sheet # 3066738 10 11 12 13 14 15 l6 17 18 19 20 2] 22 23 24 ?5 26 27 ?g ?9 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION CITY OF SAINT PALJL_ MINNESOTA 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 wouid constitute an unreasonable hardship on the applicant, other persons or on the community; and WHEREAS, Irish Fair of Minnesota, Inc., represented by Steven Cerkvenik, Executive Director, who has been designated as the responsible person on the application, has applied for a variance to present amplified live music at Harriet Island Regional Park; and WHEREAS, applicant is seeking a variance for the hours of 10:00 a.m. to 10:00 p.m., on August 7, 8, and 9, 2009; 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 & Inspections has reviewed the application and compared it to other noise variances that were approved by the Council 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 Irish Fair of Minnesota, Inc., subject to the following conditions: 1) The variance shall be for the hours of 10:00 a.m. to 10:00 p.m., on August 7, 8, and 9, 2009, at Harriet Island Regional Park, and 2) All electronically powered equipment used in conjunction with the event shall not exceed 100 dBA, as measured at the sound mix or 100 feet from the stage, whichever is closer, and 3) 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 (August 7, 8, and 9, 2009). 4) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at all stages between 10:00 a.m. to 10:00 p.m. on August 7, 8, 2009, to ensure compliance with Condition #2. WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of 69��� 42 43 44 �� FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal citation which might issue. Bostrom Carter Hanis Adopted by Council: Date Absent Requested by Depariment of SafeTy and Inspechons Adoption Certified by Cou cil Secretary By: Approv b May : Date � // , By: g �.n�s ..v Approved by the Office of Financial Services By: Approv City ttome B Y ��1�� Approved by Mayor for Submission to Council BY� �r. � v�� � �4�C.6sGG��� V � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �' �� DepartmenUOfficelCouncil: � � Date Initiated: S , Dept.ofSafety&I�spections 06 Green Sheet NO: 3066738 Contact Person 8 Phone: � Mark Kaisersatt 266-1908 Assign Must Be on Council Agenda by (Date): Number 04-MAR-09 O ugLI C ����1„'�_6' For - --- - Routing Doc. Type: RESOLUTION Order E-DOCUmen[ Required: Y Document Contact: Karen Olson ConWCt Phone: 266-9143 Department SentToPerson InitiallDate 0 ��t._ofSaFeN&Inspections ,_ I D ept. of Safelv & Insoections D�ar tment DirMO _ 2 City AttomeV — "-' -- --" 3 MavoYs Oflice _ Mayor/ASSistant __ _ 4 Council 5 � Clerk _ CiN Clerk __ _ Total # of Signature Pages _(Clip All Locations for Signature) _ ______— —__ ..____ _.__ _- Action Requested: Approval of a resolution grantmg Irish Fair of Mmnesota, Inc. an exemption from the sound level limitations in Chapter 293.09, in order to present amplified musiq with l�mitations, from 10:00 a.m. to 10:00 p.m on August 7, 8, and 9, 2009 at Haniet Island Regional Park. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission — .___— .__ _ _ _ ____ - __ __ . ___ _ __ __ Personal Service Contracfs Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normaily possessetl by any current city empioyee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why) Chapter 29311 provides for the granting of variances from [he sovnd level limitations conYained in Chapter 203.09. Advantages If Approved: Applicant may present ampiified live music. -- ------------------ ---------- DisadvantageslfApproved: Neighbors w�thm earshot of the noise source w�l] be sub�ected to music Disadvantages If Not Approved: Apphcant may not present amplified live music. To[al Amount of Transaction: Funding Source: Fi nancial I nformati on: (Explain) CosURevenue Budgeted: Activity Number: February 6, 2009 9:19 AM Page 1 DEPARThffiNT OF SAFETY AND INSPECTIONS Bob %usle>, Dirutor q � �., � CTI'Y OF SAINT PAUL Christopher B. Colemmt, Mayor 375 Jackson Szree; Suue 220 Zelephone: 651-266-9090 SamtPau�Mbmesot¢SSI01-]806 Facs"vnile: 65I-266-9134 s —c r�;-� - -. Web: www.stpauCgw/dn i�.� r .• � i3��.' _.�..:r_S. a�An� � � z4„ 1. Organiz 2. Addres: 3. Respon; 4. Tide or 5. Telephone:�1 6. Briefly describe Application for Sound Level Variance City of Sa.int Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code source and equipment , �. 4 1 � � � •.,1�" � :� . � `�, � �.�. � / 8. Noise source time of 10. Briefly state 11. Dates during which the variance is Signature of responsible person: Return completed Application and $164.00 fee to: CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS 375 JACKSON STREET, SUITE 220 SAINT PAUL, MN 55101-1806 � (651)266-9090 Date:___��� / /!7 T _"�— Office Use Only Date Rec'd. Reviewed Date Public Notice Sent Refened to Council AA-ADA-EEO Employu DSI RECEIPT CITY OF SAINT PAUL Oepattmerrt of Salety ane Inspections 375 Jackson Street Surte 220 Samt Paui, Minnesota 5510L1806 Phorie (651)266�9090 Fax(65t)26fi-9124 w�wi.stpaui.gw/tlsi b�� �5� Date: 02/02/2009 Received From: IRISH FAIR OF MINNESOTA dba: STEVE CERKVENIK PO BOX 2966 ST PAUL MN 55'102 Description: Invoice Details 641175 Noise Variance TOTAL AMOUNT PAID: Paid By: Payment Type Check # Received Date Amount ICheck� 3340 02/02/2009 $164.00 I s -e t � � �` - � v . :. „/ � �� S `I ' :_ ) Invoice Amount $764.00 Amount Paid $164.00 $164.00 Page 7 of 1