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09-407Council File #�- �/�i! Green Sheet # 3068896 CITY Presented by PAUL, MINNESOTA � WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacCed 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.�9, upon a finding by the City Council that fu11 compliance with Chapter 293 would constitute an unreasonable hardship on the applicant, other persons or on the communiry; and 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, J& S Bean Factory, represented by Steven VandeWater, Owner, who has been designated as the responsible person on the application, has applied for a variance to present live music in the back yard of the establishment at 1518 Randolph Avenue; and WHEREAS, applicant is seeking a variance for the hours of 2:00 p.m. until 10:00 p.m. on May 30, 2009; and WHEREAS, if applicant is not granted a variance it will not be able to present live music at 1518 Randolph Avenue; and WHEREAS, the Deparhnent of Safety and Inspections has reviewed the application and has made recommendations regarding conditions for the variance; now, therefore, be it RESOLVED, tbat the Council of the City of Saint Paul hereby gxants a variance to J& S Bean Factory, subject to the following conditions: 1) The variance shall be for the hours of 2:00 pm. until 10:00 p.m. on May 30, 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 equipment to provide continuous sound level monitoring at all stages and each sound mix during the hours of the variance, to ensure compliance with Condition #2. 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 date. �1" ��17 35 36 37 �:3 FURTHER RESOLVED, that any violations of the conditions set forth above on the May 30, 2004 event date may result in denial of future requests for the grant of a noise variance, in addation to any criminal citation which might issue. Adophon Certified by Coun i] Seczetary By: � Approve y ayo Date Z'� g n > Requested by Deparanent of Safety and Inspections By � U Approved by the Office of Financial Services By: Appro y Ciry Attomey By' � � r � � A� 1 �Y1.!"tI� Approved by Mayor for Submission to Council BY� �.c�CP1./ �r1hN`ir � Adopted by Councii: Date ��jS��Cf � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � (�J- �d7 DepartmenU�ce/Cauncil: Datelnitiated: GCeP.I1 SIIP.PiI� NO 3068896 S � _ Dept. of Safety 8lnspections 23-MAR-09 Contact Person & Phone: Deoartment SentTo Person InitiaUDate Mark Kaisersatt y ' o Deot of Safetv & inso�tions � _ 266-190$ ' 1 D"ent uf SafeN & Insoecflons Deoartment Director Assign ' Z CiNAttomev Must Be on Council Agenda by (Date): Number � ��—�� 15-APR-09 p���C N fYRIA/�i' FO� 3 Vlavor's Office Msvor/Assistant 'SI �J ✓f'f — Routing 4 'Council ��� Doc. Type: RESOLUTION � Ortler 5 Citr Clerk CiN Clerk E-DOCUment Required: Y DocumentConWCt: KarenOlson CunWCt Pho�e: 266-9143 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approva] of a resolution granting J& S Bean Factory, represented by Steven VandeWater, Owner, an exemption from the sound level ]im�tations in Chapter 293.09, in order to present live music, with ]imitations, from 2:00 p.m. Yo 10:00p.m. on May 30, 2009 in the back yard of the establishment at 1518 Randolph Avenue. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Serrice Commission Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Chaptzr 29311 provides for [he granting of vaziances from the sound levellimi[adons contained in Chapter 203.09. Advantages If Approved: Applicant may present lrve music. �isadvantageslfApproved: Neighbors within eazshot of [he noise source will be subjected to music. Disadvantages If Not Approved: ,� Applicant may not present live music. Total Amount of Transaction: Funding Source: Financial Information: (Explain) March 23, 2009 2:04 PM Persanal Service Contract5 Must Answer the Following Questians: 1. Has this person�rm ever worked under a contract for this department� Yes Na 2. Has this person/firm ever been a city empioyeel Yes No 3. Does this person/firm possess a skill not normally possessed by any current cily employee? Yes No Facplain all yes answers on separate sheet antl attach to green sheet. CosURevenue Budgeted: Activity Number: Page 1 �, DFpARl'MENTOFSAfEf'YP.S9DINSPECTT0135 _ Bob Kas(er, Direcmr v r „� CITY OF SAIlVT PAUL (Sirirropher6. Calonmy Mayar s�s���„ sr2e. s� uo re��r�„�: est-z�vavo S�aPau{Mbmesom5510l-1806 Parsimile 65I-266-9724 Web: wxnv.mpnuLg�wldsi r (' ' �tl Application for Sound Level Variance �� 4 i� City of 5aint Paul Noise Ordinance Chapter 293 of the Saint Paul L.egislative Code , �^'.� : �� '. 1t4 4 t 5��, 1. Organization or person seeking variauce: t�� �C. ' -__ �-----` 2. Address: 1 . � 3. Respernsible person: ,�� � ' 4. Title or position: ('� d��Gn 5. Talephone:_ � �� ) ��CGj - '� 7 :�'x; 6. Briefly�escn'b� the noisg,source and e,yuipment involved: ��1} �./VV;1�nxrz,,��� 7. Address or legal description of no se source: 8. Noise source 8me of operation: c 9. Briefly describ� the steps that will be ta �r. _ � i - I0. BrieIIv state 11. Dates during which the variance is Signatare of responsible person: Return compicted Applicatian and $16�.0t1 fee to: CITY OF SAINT PAUL DEPARTMENT OF SAb�TY AND INSPECTIONS 375 JACKSON STREET, SUITE 220 SA.INT PALTL, MN 55101-1806 (651) 266-9090 AA-ADA-HEO Empbyer � ' �-` .} +�� JI �� V � z ii ✓ 5 �'�~ �tl�� �.i �- ,�:K�. .' c t��^ �,aFu.� �`� �� -, �� „� � ;�: DSI RECEIPT Date: 03/13/2009 Received From: S7EVEN C VANDEVJATER dba: J& S BEAN FACTORY 1518 RANDOLPH AVE ST PAUL MN 55105 Description: {nvoice Details 644562 Noise Variance TOTAL AMOUNT PAID; Paid By: L Payment Type Check # Received Date Amount �heck 1204 03/t3/2009 $764.00 Invoice Amount $164.00 CITY OF SAINT PAUL Department of Safety and InSpecGans 375 Jacksan Street Surte 220 SarR Paul, Minnesa[d SS10t-0806 Phane:(6511266-9090 Faz (65t)265-9724 www.slpaul.9�'/ds� D�j"�//7 Amount Paid $164.00 $�sa.00 Page 1 af 1