09-960Amended 9/02/2009
OF
Presented by
Council File # �� qGo
Green Sheet# 3075896
MINNESOTA
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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
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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
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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.
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Requested by Department o£ Safety & Inspections
By:
Approved by the Office of Financial Services
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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
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Assign 2
Number
For 3
Routing 4
Order 5
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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
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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�
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Date: G.5 ' � �1 ' � �
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Date Rec'd. `� � I? ��`f
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L/`� v , ��� Date Public Notice Sent
'� Refeaed to Council
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