09-750Council File# 09-750
Green Sheet # 3071904
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Presented by
MINNESOTA
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WHEREAS, Chap�°�3'3'of the Saint Paul Le�slative Code was enacted to regulate the subject of
noise in the City of Saint Paul; and
WFIEREAS, §29311 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, Mary Schmidt, who has been designated as the responsible person on the application,
has applied for a variance to present amplified music in Mears for a Music Festival; and
WHEREAS, applicant is seeking a variance for the hours of 3:00 p.m. unti19:00 p.m. on July
18, 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 regarding conditions for the variance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Mary Schmidt,
subject to the following conditions:
1) The variance shall be for the hours of 3:00 pm. unti19:00 p.m., on July 18, 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 9:00 p.m. on 7uly 18, 2009.
DI��Y17
34 FLJRTHER RESOLVED, that any violations of the condirions set forth on the 7uly 18, 2009 date
35 may result denial of future requests for the grant of a noise variance, in addition to any criminal citation
36 which might issue.
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Requested by Department of: Safety & Inspecrions
By: �,/4�„�
Approved by the Office of Financial Seroices
By:
Appr y City Attorney
�,
BY: �
Approve . y ayor £or Sub�iop�to Council
Adoption Certif�ed b Cound ecretary By:
BY _L�[//I' %2
Approve b y ate � 7 d�
By:
Adopted by Council: Date 7�/s��`GJ
09-750
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenUOffice/Council: Date Initiated:
S � __ Dept. of SafeTy 8 Inspections pq_�UN-09
ConWCt Person & Phone:
Mark Kaisersatt
266-190$
Must Be on Council Agenda by (Date): �
is�u�-os �,�Bctc NEffQlru6-
I Doa Type: RESOLUTION
'� EDocument Required: Y
' Document Contact: Karen Olson
Contact Phone: 26E9143
Green Sheet NO: 3071904
�
�
Department Sent To Person InitiallDate
0 DeoL uf SafeN & InsD�ions _
1 Deo4 of Safetv & Inspections Deoartment Director�
2 CStp Attornev �
3 iYlayor's O�ce MayodASSistan[
a cono�a
5 Ciry Clerk ' City Clerk �
Total # of Signature Pages _(Clip All Locations for Signature)
Co�rected to show Mary Schmidt instead of McNally Smith College of Music as the Organization or person seeking vaziance.
Approval of a resolutiou granting Mary Schmidt an exemption from the sound ]imitations in Chapter 293.09 in order to present
amplified music from 3:00 p.m. unti19:00 p.m. in Meazs Park for a Music Festival on July 18, 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 person/firm ever worked under a conirac[ for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Pmblem, Issues, Opportunity (Who, What, When, Where, Why):
Chaptex 293.11 provides for the granting of vaziances from the sound level limitations contained in Chapter 203.09.
Advantages If Approved:
Applicant may present amplified music.
uisativantages ItApprovetl:
Neighbors within eazshot of the noise source wi(1 be subjected to amplified music.
Disadvantages If Not Approved:
Applicant may not present amplified music.
Total Amount of
Transaction:
Funding Source:
� Financial information:
� (6cplain)
�
Assign
Number
For
Routing
Order
CostlRevenue Budge[ed:
Activiry Number:
Juiy 2, 2009 8:19 AM Page 1
09-750
DEPARTMENT OF SAF6CY AND iNSPECCIONS
Bob Kessler, Direcior
CTTY OF SAINT PAUL
Christopher8. Cofeman, Mayor
3�S lackson Stree; Sur,e 220
SaintPaul, Mennesota 55101-1806
Telephorte 651-266-9090
Facsimi(e.' 65]-266-9124
Web: v�ww.stpaul.gov/dsi
� �1.
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
1. nrnanizatinn or nerson seekine
2.
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5. Telephone: ( 2(07-) �11 lp - �9� V Ln
6._ $riefly describe the noise source and equipment irivolved:�V Si C�PS}i V 0.� , P.� 1M OF� �'� O�`J
q I'�0..1' �INY�p`� (�,Yi1tiY15 rn�CY��l.�s� S
7. Address or legal description of noise source:
8. Noise source time of operation: �J=OO � �'?'1 �� Yl-1 1 �l � GU ;o• Y�')
9. Briefly describe the steps that will be taken to minimize the noise levels: �X02.1'i ��Yit� c� Li V� SG V 1'1 c�
.� - - _ . , ,,,..a:s....;�.,,:_��,�•�-�:-,�.Y�,-: � r;,�:: _��_.i _�,.T _{ � ._.. i i.r
10. Briefly state reason for seeking
Dates during which the
Return completed Applicatio�
CITY OF SAINT PAUL
DEPARTMENT OF SAFETY �'
375 JACKSON STREET, SUIT
SAINT PAUL, MN 55101-1806
(651) 266-9090 ` -
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D � ,�� CITY OF SAINT PAUL
Departmenl of Safety and Inspections
3�5 JaGSOn SVeelSmte 220
DSI RECEIPT SamiPaul,Mlnnesota551014806
Phone (651)266-9090 Fax (651)266-9124
kw.w sipaul.gov/tlsi
Date: O6/15/2009
Received From: MARY SCHMIDT
762 MAGNOLIA AVE E ST PAUL MN 55106
Description:
Invoice DeWiis
652966
Noise Variance
TOTAL AMOUNT PAId:
Paid By:
Payment Type Check # Received Date Amount
F heck 2199 06/15/2009 $164.00
Invoice Amount
$164.00
� - ��.a:C'�'4`f55b7•
Amount Paid
$164.00
$164.00
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