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09-357Councii File # �� tj Green Sheet# 3067896 2 3 4 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 Presented by RESOLUTION SAINT �UL, MINNESOTA �� WHEREAS, Chapter 293 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 hardship on the applicant, other persons or on the community; and WHEREAS, Elizabeth Storey, who has been designated as the responsible person on the application, has applied for a variance to present live music in a backyard tent during a wedding reception at 1428 McKinley Str�eet; and � WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. to 8:30 p.m. on July 3, 2009; WHEREAS, if applicant is not granted a variance she will not be able to present live music at 1428 McKinley Street; 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 Councii of the City of Saint Paul hereby grants a variance to Elizabeth Storey, subject to the following conditions: 1) The variance shall be for the hours of 6:00 p.m. to 830 p.m., on July 3, 2009. 2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA, as measured at 50 feet from the noise source. 3) The applicant shall provide personnel and equipinent for continuous sound level monitoring between 6:00 and 8:30 p.m. on July 3, 2009 to ensure compliance with Condition #2. 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 830 p.m. on the event date (July 3, 2009). b�-�5� 39 40 41 42 43 FURTHER RESOLVED, that any violations of the conditions set forth above on the July 3, 2009 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue. Bostrom Yeas ✓ Requested by Department of Safety and Inspections g u-a�-n�...� l� Approved by the Office of Financial Services Stark By: Thune � Appro y City Attorney � d By: �� � 1➢�fwt�/1 Adopted by Council: Date ��4/�d�j Approved y ay r fo Submiss� Adoption Certified by Council Secretary $y: ��l �g� By: ' Approve Dat By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenVO�ce/Council: Datelnitiated: S� _ Dept. of Safety & Inspections ; � �_MAR-09 � G�/-3�'7 Green Sheet NO: 3067896 .� � Contact Person & Phone: , Department Sent To Person Initial/Date Mark Kaisersatt y � o peot ofSarerv & msoec6ons __ 266-19�$ 1 Deot afSaferi & Iuspections Deoartmeut Direc[or —�— , Assign � 2 CiNAttomev " - Must Be on Council Agenda by (Date): Number 3 Mavor's Office YlavodASSistant oi-aPR-os puBuc NF�Rl,ul F°� -- ', Routing � 4 Council Doa Type: RESOLUTION ' Order 5�Ciri Clerk City Clerk E-DOCUment Required: Y Document Contact: Karen Olson Contact Phone: 266-9143 Total # of Signa[ure Pages _(Clip All Locations for Signature) Approval of a resolution granting Elizabeth Storey an exemption from the sound level limitations in Chapter 293.09, in order to present live music, with limitations, in a backyazd [ent during a wedding recep6on at 1428 McKinley Street from 6:00 p.m. unUl 8:30 p.m. on July 3, 2009. Recommendations� Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this personlfirm ever worked under a wntrect for this department? Yes No 2. Has this persoNfrm ever been a aty employee? Yes No 3. Does this person�rm possess a skiil not normally possessed by any current city employee? Yes No Explain all yes a�swers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (VJho, What, When, Where, Why): Chapter 293.11 provides for the granhng of vaziances from the sound level lunitations contained in Chapter 203.09. Advantages If Approved: Applicant may present ]rve music. Disadvantages If Approved: I, Neighbors within earshot of the noise source wil] be subjected to music. Disadvantages If Not Approved: Applicant may not present live music. Total Amount of Transactio�: Funding Source: Fi nancial Informati on: (Explain) CostlRevenue Budgeted: Activity N�mber: March 11, 2009 10:14 AM Page 1 bq-�5� DEPARTMEN'I' OF SAFEI7 AND IIJSPECTIONS Bob Kessler, Direcmr CITY OF SAINT PAUL Chrzsropher B. Ca7eman, Mayor 375 Jackron Street, Su've 220 Saint Pau� Mi�mesom 55 7 01-1 80 6 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paui Legislative Code 1. Organization or person seeking variance: �--���Z,4 2. Address: l���Ji 1�c�i��C��! S�" 3. Responsibleperson: �,(,'7��,��"'T-I <� 4. Title or posiuon: — 5. Telephone: ( faSi ) �-/� q— � J 6. Briefly describe the noise source and eguipment invol � 7. Address or legal dese�ption of rioise source: 8. Noise source dme of operation: �a �n,s — 8 3 a..t 9. Briefly describe the steps that will be taken to minimize the noise state re�son for 11. Dates during which the variance is Telephnne: 651-266-9090 Facsimile: 65I-26G9724 Web: wwwstpauLgav/dsi � I QGi� �� j! �� � `� r i ,� �� �� / _ ��`/ So (�? rS t Signature oF responsible person: �,� e� _"� Date: , / �' 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 �� �% ., �� . a , � �'' �� k `'`�' 5� L AA-ADA-EEO Employer DSI RECEIPT CITY OF SAINT PAUL Depatlment ot Safety antl Inspections 3]5 Jackson Street Smte 22� Sam� Paul, Mmnesota S5'1014806 Phone'(651) 2669090 Fac (651)266-912A wnw stpaul.9ov/ds� 6���7 Date: 03/06/2009 Received From: ELIZABETH STOREY 3624 42ND AVE S MINNEAPOLIS MN 55406 Description: Invoice Details 643998 Noise Vanance TOTAL AMOUNT PAID: Paid 8y: TYpe � Check # I Received Date 03/O6l2009 Amount invoice Amount $164.00 Amount Paid $164.00 $164.00 Page 1 of 1 b� �3�� March 13, 2009 .._ .: Y - I,� M�f� 1 � ?��a TO: Julie Kraus �'� ������ FROM: Karen Olson ��� Re: Noise Variance — Storey Wedding at 1428 McKinley Street Please have Rachel review and sign the enclosed noise variance resolution (for hearing on April 1, 2009) and forward the package to the Mayor's office. Thanks.