09-544Council File # 09-544
WHEREAS, §293.11 provides for the granting of variances &om the sound level limitations
contained in §293.Q4, upon a finding by the City Council that full compliance with Chapter 293 would
constitute an unreasonable hardship on the applicant, other persons ar on the community; and
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WHEREAS, Lightning Run/Minnesota Medical Foundation, represented by Gregg Anderson, Site
Directar, who has been designated as the responsible person on the application, has applied for a
variance to present music and operate generators at Summit Brewing Company, 910 Montreal Circie;
and
WHEREAS, applicant is seeking a variance far the hours of 6:00 p.m. to 10:00 p.m, on July 17,
and from 8:00 a.m. to 6:00 p.m. on July 18, 2008; and
WHEREAS, if applicant is not granted a variance it will not be able to present the music and
operate generators at 910 Montreal Circle; 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 vaziance to Lightning
Run/Minnesota Medical Foundation, subject to the following conditions:
1) The variance sha11 be for the hours of 6:Q0 p.m. to 1Q:00 p.m. on July 17, and from 8:�0 a.m. to
6:00 p.m. on July 18, 2009.
2) Al1 powered equipment used in conjunction with the event sha11 not exceed 95 dSA, 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 level
monitoring at all noise sources and each sound mix duxing the hours of the variance.
4) All powered equipment, generators, PA systems, loudspeakers ar similaz devices shall be turned
off no later than 10:00 p.m. on July 17, and 6:00 p.m. on July 18, 2009.
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of
noise in the City of Saint Paul; and
09-544
41 FURTHER RESOLVED, that any violations of the conditions set forth above on the first date may
42 result in revocation of the grant of a variance for the subsequent date, in addition to any criminal citation
43 which might issue.
44
Requested by Department of Safety and Inspections
By. � � �
Approved by ihe Office of Financial Services
By:
Approv�.�y City Attom�
BY� L D �
Adopted by Council: Date ���j'�dGf Approved by ayo for Su ��ssi t ncil
Adoption Certified by Coun il Secretary By; �
B q �
Approv ay � Date s�i
By:
� 09-544 �
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef Green Sheet
DepartmenUO�ce/Council: Date Initiated:
S � _Dept.ofSafety&Inspections i Zg_APR09 . GCeei� ShEEt NO 3069966
GontaGt Person 8 Phone: Department Sent To Person Initial/Date
MarkKaisersatt . � o DepcoeSatea�&iasae�tioos � __. __
266-'1908 1 DeutofSafetv&I¢soections Deaar[mentDirector
- - - - _'--- Assign Z Gih� Attor¢ev
Must Be on CoUnGil Agenda by (Date): Number — - ----�- �-
20-MAY-09 Fpr 3 Mavor'sOffice _ �lasorlASSistant_ _____
— ���� . Routing 4 Conncil
Doa Type: RESOIUTION Ortler 5'Citv Clerk _ Citv Clerk ____
E-DOCUment Required: Y
Document Cordact: Karen Olson
Contact Phone: 266-9143
Total # of S ignature Pages _(Clip All Locati for Signa
Action Requested:
Approval of a resolution ganting Lightning RwilMN Medical Foundation, represented by Gregg Anderson, Site Director, an
exemprion from the sound level limitations in Chapter 293.09 in ozder to present music and operate generatocs with limitations at
Summit Brewing Company, 910 Montreal Circle, from 6:00 p.m, to 10:00 p.m. on July 17 & 8:00 a.m. to 6:00 p.m. on July 18, 2009.
Recommendations Approve (A) or Reject (R).
Pianning Comm�ssion
CIB Committee
Civi! Se�vice Commiss�on
I Personai Service Contracts Must Answer the Fofiowing Questions:
j 1. Has this person/firm ever worked under a contract for this department?
� Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a sbll not normally possessed by any
current city employee�
Yes No
Explain all yes answers on separate sfieet and attach to green sheet.
Initiatin9 Problem, Issues, Opportunity (Who, What, When, Where, Why):
Chapter 293.11 provides for the granting of variances from the sound level limitations contained in Chapter 203.09.
Ativantages 1f Approved:
Applicant may present the music and opeiate the generatozs.
Disadvantages If Approved:
Neighbors withm earshot of the noise source will be subjected to the music and generator noise.
Disadvantages If Not Approved:
Applicant may not present the music and operate the generators.
Total Amount of
Tran5action:
Funding Source:
Financiallnformation:
(Explain)
CosURevenue 6udgeted:
Activity Number:
April 28, 2009 2:56 PM Page 1
09-544
CITY OF SAII�iT PAUL
ChrisroplrerB. Cnfe�nmi. Mapw'
DEPARTMENT OF SAFEI"Y AND WSPECI"IONS
Bob Ke.a7er. DrrecYnr
375 Jacksnn SvreL Smre 220
Saint Poiii, Mirsne�om 5510f-/806
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislarive Code
I. Organization or person seeking
2. Address: o�CY� ('} o
3. Responsible person:�r
4. Title or nosition: �. ; o
S.Telephone: (,�`ii ) L�,Srj "�i^<1��
6. Briefly describe the noise source and equipment
7. Address or legal description of noise source:
$. Noise source time of operation:� -Jf?�»`� 6r'i y/ l7 G��'�
9. Briefly describe the steps that will be taken to minimize the noise
10. Briefly state reason for seeking
11. Dates during which the variance ' requested: .T�I i � ��7 ° l Sl 71��
Signature of responsible person: I' !��-- Date: �/�— L' �
Return completed Application and $164.00 fee to:
CITY OF SAINT PAUL
DEPARTMENT OF SAFETY AND INSPECTIONS
375 ,IACKSON STREET, SUITE 220
SAINT PAUL, MN 55101-1806
(651)266-9090
AA-ADA-EEO Empiorer
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Telepho»e: 657-266-9090
Focsimi7e' 65/d66-9/24
1Veb: H��v.stpauLgm�/ds
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CITY OF S,QI�t��.UL
Oepartmenf ol Safety arM IriSpeGOns
3]5 Jadcson SVcet $mte 220
DSf RECElPT $ainiPaul,Mnneso�a551�td8p6
Phone' (651) 2669�9Q Fai (65t) 265-9124
wmv.stpaul.9w/dsi
Date: 04l2712009
Received From: MINNESOTA MEDICAL FOUNDATION
200 OAK ST NE STE 300 MINNEAPOLIS MN 55455
Description:
Invoice Details
64799$
Noise Variance
TOTAL AMOUNT PAID:
Paid 8y:
Page t of'1
Invoice Amount Amount Paid
$164.00 5164.�0
$164.00