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09-960Amended 9/02/2009 OF Presented by Council File # �� qGo Green Sheet# 3075896 MINNESOTA �� 1 WHEREAS, Cha ter 293 o e Saint Paul Legislative Code was enacted to regulate the subject of 2 noise in the City of Sain , and 3 4 WHEREAS, §293.11 provides for the g�anting 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, Lowertown Entertainment DistricUThe Bulldog Lowertown, represented by Marc Dickhut, District Manager, The Bulldog Lowertown, who has been designated as the responsible person on the application, has applied for a variance to present amplified music in Mears Pazk; and WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. until 10:00 pm. on September 18, and from 4:00 p.m. until 10:00 p.m. on September 19, 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 vaziance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Lowertown Entertainment District/The Bulldog Lowertown, subject to the following conditions: 1) The variance shall be for the hours of�:00 p.m. until 10:00 p.m., on September 18, and from 4:00 p.m. until 10:00 p.m. on September 19, 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 similaz devices shall be turned off no later than 10:00 p.m. on the event dates. oy.��� 36 FURTHER RESOLVED, that any violations of the conditions set forth above on the first date may 37 result in revocation of the grant of a variance for the subsequent date, in addition to any criminaI citation 38 which might issue. 39 Requested by Department o£ Safety & Inspections By: Approved by the Office of Financial Services � �� � By: Approved by Mayor for Submissi i to Council Adoption Certified by Coun �l Secretary By: BY � s Approve b yo Date � By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenV�ce/COUncil: � Date Initiated: O � ' � L � S � _Dept.ofSafery&Inspedions ' ��qUG-09 � GPEeI� Sheet NO 3075896 ContaM Person & Phone: Mark Kaisersatt 266-1905 Must Be on Council Agenda by {Date): 02-SEP-09 �u R�lC f�E r, Doa Type: RESOLUTION � E-Document Required: Y Document ContaGt: Karen Olson � Contact Phone: 266-9'143 � 0 I Assign 2 Number For 3 Routing 4 Order 5 � � Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approva] of a resolution granting Lowertown Entertainment DistricUThe Bulldog Lowertowq represented by Marc Dickhut, District Manager-The Bulldog Lowertown, an e�cemption from the sound lanitations in Chapter 293.09 in order to present amplified music from 6:00 p.m. unti] 10:00 p.m. on September 18, and from 4:00 p.m. until 10:00 p.m. on September 19, 2009 in Mears Pazk. Recommendations Approve (A) or Reject (R): Planning Commission CIB CommiHee CivA Service Commission Personal Service Contracts Must Answer the Follawing Questions: 1. Has this persoNfirm ever worked under a contract for this tlepartment? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frm possess a skiil not normally possessed by any current city employee� Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, 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 Approved: Applicant may present amplified music. Disadvantages If Approved: Neighbors w�thin eazshot of the noise source will be subjected to amplified music. Disadvantages If Not Approved: , ApplicanY may not present amplified music. � Total Amount of Transaction: Funding Source: Fi nancial I nformati on: (Ezplain) August 13, 2009 3:34 PM CostlRevenue Budgeted: Activity Number: Page 1 DFPARTMENT OF SAFE£Y AND INSPECPIONS Bob Xessler. Director /�� ��� �/ CTTY flF SAINT PAUL C1vitlnpherB. Calanm4 Mayar 375 Jadaon SrieeS .Srme 220 Saint Paub Mbw_snrn 55107-18GK Application for Sound Level Variance City of Saint Paui Noise Ordinance Cttagter 293 of the Saint Paul Legislative Code 1. Organization or person seeking variai 2. Address: �3 � �"" �f �,-5'r 3. Respon: 4_ Tifle or 5. 6. Briefly describe the noise source and equipment Telephone: 65T-26S9090 Face•'vnile_ 657-266-9T24 - A'eb: www.slpduLgov/dri ��� � �� �� �L i r � � ; �, �r � ���� \` _ ___-'-! 7. Address or legal description of noise source: �' � 8. Noise source time of 9. Briefly describe the steps that wiU be taken to m;nimize the noise Dates during which the variance is Signature of responsible Rnfi�rn rmm�latori A nnliratinn �nrl $1(.d M1 fnw tn� C ..;U�-� �. > Date: G.5 ' � �1 ' � � Q�ICC �Se Qll�y Date Rec'd. `� � I? ��`f , i � t? f �� Reviewed L/`� v , ��� Date Public Notice Sent '� Refeaed to Council � L � �t. P�� �,` ,. � � > r} � + �, � � � � �; � �: ��o � �: �� a =�n � Q t�n ` `� v��Z �ip: < � 3 � W O _ � C� � -� ^ y : R ��Q c. ° ;F ;� i� I� I� ._ j� c i� o � - # r� o- � U w � 0 � � U O� f-. N � � j � d ~ w T (n ! 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