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09-894Council File # � �' Green Sheet# 307343b L, MINNESOTA Presented a� 1 WHEREAS, Chapter'Z�13o�the Saint Paul Legislative Code was enacted to regulate the subject of 2 noise in the City of Saint Paul; and 4 WHEREAS, §293.11 provides for the granring 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 hardship on the applicant, other persons or on the community; and 10 11 12 13 14 15 Ib 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, Skinner's Pub, represented by Mol1y Skinner, Owner, who has been designated as the responsible person on the application, has applied for a variance to present live music in a tent at 419 Randolph Avenue; and WHEREAS, applicant is seeking a vaziance for the hours of 6:00 p.m. until 1030 p.m. on September 12, 2009; and WHEREAS, if applicant is not granted a variance it will not be able to present live music at 919 Randolph Avenue; 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 Skinner's Pub, subject to the following conditions: 1) The variance shall be far the hours of 6:00 p.m. until 10:30 p.m. on September 12, 2009. 2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA, as measured inside the tent at the wall opposite the stage or noise source. 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) Ail electronically powered equipment, PA systems, loudspeakers or similaz devices shall be turned off no later than 10:30 p.m. on the event date. � ��� � 34 FURTHER RESOLVED, that any violations of the conditions set forth above on the September 12, 35 2009 date may result in denial of future requests for the g�ant of a noise variance, in addition to any 36 criminal citation which might issue. 37 BosROm Carter Harris ✓ Requested by Deparhnent of Safety and Inspections By� �P`�`e� ����`'� Approved by the Office of Financial Services � Thune ,i Appro y Ciry Attomey � �- � By: I.e.��' Adopted by Council: Date �/�/�d % Approv d M r foi mis�' n o o il Adoption Certified by Co il Secretary By: BY � d Appxoved by Date � � By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departmentl�celCouacit: Date lnitiated: — o�-8y`�1 S , Dept.ofSafety8lnspections 2�.,,,�-09 Green Sheet NO: 3073436 Co�tact Pecson & Phone: Mark Kaisersatt 266-1908 y Assign Number For Routing Order 0 i 2 3 4 5 Deoartment Director � Mavor/ASSistant CtiN Clerk Must Be on Council Agenda by (Date); 19-A UG-09 Q,�6LIC �{E Doc. Type: RESOLUTION E-DOCUment Required: Y DocumentConWct: KarenOlson ContactPhone: 266-9143 ToWI ft ot Signature Pages _(Ctip AIt Locations for Signature) Action Requested: Approval of a resolution granting Skinner s Pub, represented by Molly Skinner, Owney an exemption from the sound level limitations in Chapter 293.09, in order to present live musiq with limitations, from 6:00 p.m. unril 1030 p.m. on September 12, 2009 in a tent at 919 Randolph Avenue. Recommendations: Approve (A) or Reject (R): Pianning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Foilowing Questions: 1. Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personlfirm possess a skill `wt rrormalty possessed by any current city employee? Yes No Euplain all yes answers on separate sheet and attach to green sheet. Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): Chapter 29311 provides for the granting of vaziances from the sound level limitations contained in Chapter 203.09. � Advantages If Appraved: Applicant may present live music. Disadvantages If Approved: Ne�ghbors within earshot of the noise source will be subjected to music. Disadvantages if Not Approved: Applicant may not present live music. Total Amount of Trensaction: Funtling Source: Fi nancial I nformation: (Explain) CosURevenue Budgeted: Activity Num6er: July 29, 2009 8:06 AM Page 1 DEPNi'lMEN'f OF SAFEI 1' ANU INSItiC'11qN5 Boh Aessler, Ormcmr /� , CITY Of SAINT PAUL f�lni.qnphe� 8 < nleman. dlrn�nr ('OAl,ilt'12('E B UlLU/NG NFonrtL.qfreei/� 9xie?00 Smnl Puul. Mue»esola>5(01-/0?{ Application for Sound Level Variance City of Saint Paul Noise Ordinan•:e Chapter 293 of the Saint Pau� Legisiative Code I. Organization or person seeking vari 2. Address: � 1 �l �'� 1\�t=` )/ ) iF __��. � 3. Responsible person: �- 4. Title or position: f�;�t.�Pi ' 5. Telephone: ((t, 1 ' 7 �( � � �� � 6. l3rietly describe the noise sourcc and equipment invotved: �ru�� 5 ��:���1; i �cr� � ��'�-___ 7. Address or legal description of noise source: 8. Noise source time of�operation:_(� 9. Briefly desci•ibe the steps that will be 10. Briefly state 1 1. Dates during which the variance is Signah�re uf responsiUle person: Return completed Application a CI'I'Y OF SA1NT PAUL DEPARTMENT OF SAFETY AN 8 FOURTH STREET E., SUITE 2 SAINT PAUL, MN 55101-1024 (651) 266-9090 � to minimize the noise !'elephorse. GS!-26G-9090 . /ucs�mde 65/-2Gfi912/ �� Web isx�rsipoa/.gomQsi P(,���� � �,1 �� �` 1+ �� ���� �J'�'3 �V'�l ��. � �, •�:.r� JU� , < 2 l�po Date: { `�� � ��.��f � ` � U i/��J6'1" L. s vk.a cs�,rtU` t nJ,/�2 -�..�.1 -�-*w� c.r� �N�� C,.a l � oJJ�oS,•�C ! .{,�,� 5�y2. �.��fe: orrly �So ,-e�-���ed, cu�r�ti�' �z� ,s �'jurK Cal/�c� 5/L innrf 's _ tti'Y w��l(5�'�rd iti a ne� ��G-`� ct���1�• o�-g�� PAYMENT FOR SKINNER'S PUB S OF NLY 31, 2009 The payment for Skinner's Pub Sound Variance was received witt� the application in DSI on July 17, 2009; however, they had an old application form, so sent in a check for only $150.00. The current fee is $164. Mark Kaisersatt contacted them and told them to send in a new check in the amount of $164. That check has not been received yet, possibly it has come in but Mazk is gone this week. We cannot enter the payment into our system until the new check comes in with the fizll amount. We aze holding the $150 check until full payment is here. Karen Olson �� ��