09-749Council File # 09-749
Green Sheet # 3071764
LUTION
SAI
Presented by
1 WHEREAS, Chapt 293 of the
2 noise in the City of Saint Pau ,
L, MINNESOTA
m
Paul Legislative Code was enacted to regulate the subject of
4 WIIEREAS, §293.11 provides for the granting of variances from the sound level limitations
5 contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would
6 constitute an unreasonable hazdship on the applicant, other persons or on the community; and
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WHEREAS, Concrete and Grass, represented by Steve Heckler, Executive Director, who has been
designated as the responsible person on the application, has applied for a vaziance to present amplified
music in Meazs Park during the Twin Cities Jazz Festival; and
WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 10:00 p.m. on
September 11, 12, & 13, 2009; and
WHEREAS, if applicant is not granted a variance it will not be able to present amplified music at
Mears Park; and
WHEREAS, the Department of Safety and Inspections has reviewed the application and has made
recommendations regazding conditions for the variance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Concrete and
Grass, subject to the following conditions:
1) The variance shall be for the hours of 12:00 noon to 10:00 p.m., on September 11, 12, &
13, 2009; and
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; and
3) The applicant shall provide personnel and equipment who shall provide continuous sound level
monitoring during the hours of the variance, to ensure compliance with Condition #2; and
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than 10:00 p.m. on September l l, 12, & 13, 2009.
09-749
36 FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates
37 may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal
38 citation which might issue.
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Requested by Departrnent of: Safety & Inspections
�.�..��� K�- iQ-��--
By:
Adopted by Council: Date y�J��j�Q
Adoption Certified by Co cil Secretary
By: �' > �
Approve ayp •: Date � 7� Q
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Approved by the Office of Financial Services
By: ," r` r _
Appr ved by City Attorney
BY' ��-�.� •.C,s�x! Ld.� �
Approved by Mayor for Submission to Council
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BY� �Jl n A iLn �T
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Greerb,�h��$ �
Department/�celCovncil: ' Date Initiated:
s , -°Bpt.°fSafeTy�'°Spe�,�°°S ,�,�N-09 Green Sheet NO: 3071764
Contact Person & Phone: . � �
Mark Kaisersatt
266-1908 ' .
_- -. —�— AsSign
Must Be on Council Agenda by (Date): Number '
--. 15-JUL-09 'PURLICI-�EARIA//r Routing �
Doc. Type: RESOLUTION , Order �,
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Deoartment Director
CtiN Clerk
E-Document Required: Y
Document ConWct: Karen Olson
Contacl Phone: 266-9143
--_____ _ ___ ._____ -.
Total # of Signature Pages _( A il L ocatio n s for Signature)
Action Requested: � �
Approval of a resolupon granting Concrete and Grass, represented by Steve Heckler, Executive Director, an exemption from the
sound limitations in Chapter 293.09 in order to present amplified music from 12:00 noon to 10:00 p.m. in Meazs Pazk during the
Twm Cities Jazz Festival on September 11, 12, & 13, 2009.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Servtce Contracts Must Answer the Following Questions:
1. Has this person�rm ever worked under a contract for this tlepartment?
Yes No
2. Has this personlfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Expiain all yes answers on separete Sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Chapter 293.1 l provides for the gxanting of variances from the sound level limitations contained in Chapter 203.09.
Advantages If Appro�ed:
Applicant may pcesent amplified music.
Disadvantages If Approved:
Neighbors within earshot of the noise source will be subjected to amplified music.
Oisadvantages If Not Approved:
Applicant may not present amplified music.
Totai Amount of
TrensaMion:
Funding Source:
Financial information:
(Explain)
CosVRevenue Budgeted:
Activity Number:
June 18, 2009 10:10 AM Page 1
09-749
DEPARTMENI' OF SAk�"E7'] AIVD INSPEGTIO�S
Bob Kesskr, Director
CITY OF SAINT PAUL
Chrismphe� 8. Colmrar�, M¢yor
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375 Jackran Street, Suite 220
Sabu Pau{ M'wiesora 55107-1806
Agplicatian for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul I.egisiauve Code
Telephone: 651-266-9090
Facsimile: 651166-9 7 24
Web: wwwstpauLgov/dri
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1. Organizationorpersonseeldngvariance: �O�tCc�� ��'�� �`=��SS ` �%" \
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3. Responsibie person: s�?�(� �.�°G �) e s^ � H�C Ki�R �
4. Tide or position: �xet.� �-,� Ll . ec-1c2 Tv v c_,?�. �"uzz 7is� . ��.r� �.-e.�a e.res`l )
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6. Briefly describe the noise source and equipment
7. Address or legal description of noise source:
8. Noise source time of
Briefly describe the steps that will be taken to minimize the
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10. Briefly state reason for seeking variance: CL�� �ce-f� �e51� M.�- t�1 � b) r_� i �V�
1 l. Dates during which the variance is
Si�nature of resuonsible person:
Return completed Application ane
CTTY OF SAINT PAUL
DEPARTMENT OF SAFETY AND
375 JACKSOl�i STREET, SUITE 22�
SAINT PAUL, MN 55101-1806
(651) 266-9090
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Date: �l CC�G ��
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Date: 06/16/2009
Received Prom: CONCRETE AND GRASS
Pp BOX 8162 ST PAUL MN 55108
Descnpdon:
Invoice Details
653015
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
DSI RECEIPT
Page 1 of 1
invoice Amount
$164.00
CITY OF SI��L
Oepa�tmerit vF Saf��• {�aK+uau
3l5 Jackson Sveet Sune 120
Saint Paul, Mmriesota SStOL1806
Phona:(651)2669090 Fax:I�+`tl�
www sipaul gov/dsi
Amount Paid
$164.00
$164.00