09-699Council File #— ����
Green Sheet# 3071187
RESOLUTION
SAINT�NESOTA
Presented
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of the Saint Paul Legislative Code was enacted to regulate the subject of
2 noise in the Ciry of Saint Paul; and
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4 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
6 constitute an unreasonable hardship on the applicant, other persons or on the community; and
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WHEREAS, Taste of Minnesota, represented by Dan Hare, who has been designated as the
responsible person on the application, has applied for a variance to present live music at Harriet Island
Regional Park; and
WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 10:00 p.m., on July 2, 3,
4, & 5, 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 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 Taste of
Minnesota, subject to the following conditions:
I) The variance shall be for the hours of 12:00 noon to 10:00 p.m., on July 2, 3, 4, and 5, 2009.
2) All electronically powered equipment used in conjunction with the event shall not exceed 102
dBA, as measured at the closer of the sound mix ar 100 feet from the front of the stage(s).
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) If the "Target Stage" is to be used, it will be operated in the configuration recommended to
Pazks and Recreation in the 2005 Report and Recommendations with respect to the speaker
placement and sound levels.
5) 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 (July 2, 3, 4, and 5, 2009).
oy�c���
39 FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates
40 may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal
41 citation which mi�ht issue.
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Requested by Department' f�d Inspect�ons
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By:
Approved by the Office of Financial Services
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Approv by City Attomey
By� � ���
Adopted by Council: Date ��lj/��� Approve y ayo� Sub � ion ouncil
Adoption Certified Counci ecretary By:
BY /%
Approve a Date ���j
By: G V (,l�C ld�j( �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenUOffice/Council: Date Initiated:
S , Dept.ofSafety&Inspections o3-�uN-o� Gre Sheet NO: 3071187
Contact Person & Phone: Department Sent To Person Initial/Date
Mark Kaisersatt y o�beoc ofSate�v & iosoecaoos _ _. ___
266-1908 1 'Dept Of $afety & InSp¢ctiODS D¢Dartm¢nt DiredOr
- - -- Assign 2 CitvAtlomev = ��"�— �'
Mus[ Be on Council Agentla by (Da Number ---
_ 01 _ JUL-09 � ugL��-N��6..LA�� FOr 3 �lavor'sOf�ice MayodASSistant
Routing 4 ' Councd __ __
Doc. Type: RESOLUTION Order 5 iCitv C7erk Citv C1erk __.__
E-Document Required: Y
Document Contact: Karen Oison
Cantact Phone: 266-9743
Total # of Signa P _(Clip All Location for S
Action Requested:
Approva] of a resolution granting Taste of Minnesota, represented by Dan Hare, an exemprion from the sound level limitations in
Chapter 293.09, in order to present live music, with limitations, from 12:00 noon to 10:00 p.m. on July 2, 3, 4, & 5, 2009.
Recommendations' Approve (A) or Reject (R): ; Personal Service Contrects Must Answer the Following Questions:
Plamm�g Commission 'I 1. Has this person/firm ever worked under a contract for this department?
CIB Committee ', Yes No
Civil Service Commission i 2. Has this person/firm ever been a city employee?
� Yes No
�'� 3. Does this persoNfirm possess a skill not normalty possessed by any
� current ciry employee?
Yes No
Expla�n all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Chap[er 29311 provides for the granting of vaziances from the sound level limitarions contained in Chapter 203.09.
Ativantages If Approved:
Applicant may present Gve music.
Disadvantages If Approved:
Neighbors w�thin earshot of the noise source will be subjected to music.
Disadvantages If Not Approved:
Appticant may not present live music.
Total AmoUnt of
Transaction: CostlRevenue Budgeted:
Funding Source: .�.ctivity Number.
Fi nanci al I nformation:
(Explain)
June 3, 2009 326 PM Page 1
DEPARTMENT OFSAFE,TY AND INSPECTIONS
Bob Xersler, Direaor Ni J
r .vi
CTTY OF SAINT PAUL
Chrisiopi+erB. Colnnm4 Mayor
1. Organization or pers�
2. Address: / CJ �
3. Responsible person:_
4. Tifle or position:_
5. Telephone: � l� 51
3757acksarz Svee{ Suite 220
Sa'ult Pau(, Muvtesota 55101-1806
Appiication for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
seeking
6. Briefly describe the noise source and equipment
Tekphmie: 65I-2669090
Facsunlle= 657-266-9724
Web: wwwstpauLgov/dsi
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7. Address or legal descripdon of noise source:
8. Noise source time of operation: �LJ(Jf�f7 - /U Q/Y
9. Briefly describe the steps that will be taken to minimize the
n'ar�m �ru�r. ��f��l�a1s chfnl��c�
10. Briefly state reason for seeldng variance: �/? /
11. Dates during wluch the variance is requested: JU lG� ,�(�
Signature of responsible person: �� �-«.�
Return completed Application and �16d_nn fPP r�•
CITY OF SAINT PAUL
pEPARTMENT QF 5AFETY AND Il
375 JACKSON STREET, SUITE 220 �" 5`� "`
SAIlVT PAiJI., MN 55101-180b
(651) 266-9090
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DSI RECEIPT
Date: O6l01/2009
Received From: TASTE OF MINNESOTA
1097 PAYNE AVE ST PAUL MN 55101
Description:
Invoice Oetaiis
651684
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
Page 9 of 9
Invoice Amount
$164.00
CITY OF SAINT PAUL
Oepahment o/ Safety antl Iwpeaions
3]5 JaCCwn Sheet Smta 220
Samt Paul, Mimasofa 55101-0BW
Phone (651)266-9090 Fax (651)266-9124
w.wistpaulgov/dsi
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Amount Paid
$164 00
$164.00