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09-961Council File # ���v / Green Sheet # 3076276 RESOLUTION z.. WHEREAS, §293.11 provides far the granting of variances from the sound level limitations contained in §293.09, upon a fmding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hazdship on the applicant, other persons or on the community; and 10 11 12 13 14 15 WHEREAS, William and Christine Bluhm, who have been designated as the responsible persons on the application, have applied for a variance to present amplified music in a tent at 92 Mississippi River Boulevard N.; and WHEREAS, applicant is seeking a variance far the hours of 7:00 p.m. until 12:00 midnight on September 12, 2009; and WHEREAS, if applicant is not granted a variance it will not be able to present amplified music; 16 and 17 18 WHEREAS, the Department of Safety and Inspections has reviewed the application and has made 19 recommendations regarding conditions for the variance; now, therefore, be it 20 21 RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to VJilliam and 22 Christine Bluhm, subject to the following conditions: 23 24 1) The variance shall be for the hours of 7:00 p.m. until 12:00 midnight on September 12, 2009. 25 26 27 28 29 30 31 32 33 34 2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA, as measured inside the tent at the wall opposite the 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, to ensure compliance with Condition #2. 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 12:00 midnight on the event date. WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and oy��� 3� 36 37 38 FTJRTHER RESOLVED, that any violations of the conditions set forth above on the event date may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue. Adopted 6y Council: Date ��1��-�j Adoption Certified by Coun '1 Secretary By: �' / Approve by Date � � B Requested by Department of Safety and Inspections B 1R/ Approved by the Office of Fmancial Services By: Appro y City Attomey BY� � la.C.�� Approved by Mayor fot Subnvssion to Council By: �uc�- � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet �G��� �/ DepartmenUOfficelCouncil: �, Date Initiated: ' /± �+ �^ S � _Dept.ofSafety8�lnspections � ��_AUG-0g � Vreen_.7h�et.N�.__JV76�76_ Contact Person & Phone ' ueoartmem Sent To Person InitiallDate Mafk Kalser58tt �, � 0 Dept ofSaferi & Insoecdons 28C>-5J08 1 beptofSatetv&Insoections ' DepartmentDirector - --- � Assign 2 GSriAttornev --�—� Must Be on Council Agenda by (Date): , Number , ------- 02-SEP-09 � For 3 Mavols ORce MavodASSistant _ _ ____-- �Ef��r�G � Routing 4 CounN Doa Type: RESOLUTION , Order 5 City Clerk _ CiN Clerk ___ E-Document Required: Y Document Contad: Karen Olson ConWCt Phone: 266-9143 � � 7ota1 # of Signature Pages _(C1ip AII Locations for Signature) Action Requested: Approval of a reso(ution granting William and Christine Bluhm an exemption from the sound level limitations in Chapter 293.09, m order t.� present amplified music, with limitations, from 7:00 p.m. to 12:00 midnight on September 12, 2009 in a tent at 92 Mississippi River Boulevard N. Recommendations: Approve (A) or Reject (R): Planning Commission Personal5ervice Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city empbyee? Yes No 3. Does this person/firm possess a skill not normally possessed by any wrrent ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. CIB Committee Civil Service Commisson Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Chapter 293.11 provides for the granting of variances from the sound leve] limitations contained in Chapter 203.09. Advantages If Approved: Applicant may present amplified music. DisadvantagestfApproved: Neighbors within earshot of the noise source will be subjected to music. Disadvantages If Not Approved: Applicant may not present amplified music. TOtal Amount of Transaction: Funding SoUrce: Fi nancial Information: (Explain) CosURevenue 8udgeted: Activity Number: August 17, 2009 9:02 AM Page 1 DEPARI'MEN'I' QF SAFEfY AND INSPECfIONS Bob Kessler, Directar oy-q�� CTI'Y OF SAIIVT PAUL CFaistopher B. Colemm�, M¢yor 375lacFsors SmeF Suite 220 Sau¢ Pmd Mmnesom 55101-1806 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul I.egislarive Code 1. Otganization or person seeking 2. Address: �s� �' �1SS1 3. Responsible person:���\li Q 4. Tide or position:_�1'115� C 5. 6. Briefly describe the noise source and equipment wc., hr�..�e, h�r� �. 'DS ax,a ��k+� rtiui�e..• 7. Address or legat descriprion of noise source: � 8. Noise source time of operation: 7��'� 2%0� 9. Briefl describe e steps that will be iaken to minunize the noise levels: �L l.� �� E h01r �- r� iara�?_ �.n-�- . "1�-5' w � �\ �e. t�x�e.r -E-r n . state reason for seeking 11. Dates during which the variance is Signatum of responsible person: Retum completed Application CITY OF SAIlVT PAUL DEPARTMENT OF SAFETY A 375 JACKSON STREET, SU1T] S PA MN 55i01-1806 �VJ�� 4V6-7V7V c1. � ��« .���'`�� ' � y �.���ti, � Date: $ �/O�Oq � �� .� z L. L ,. ,�� � ��,� � � �� �t� � j r , ��� w.� ; � } � �+.� .�-Y� r u �l - `r� �.�-E �{ t n . ) 6J) w i, Telephone: 651-266-9090 Fm�umd(e: 65[-26ff917�f Web: www.stpaul.8w/dsi � �� +�E J -�C .��� 3 _ .-. DSI RECEIPT CITY OF SAINT PAUL Daparunent o( Safery ana IwpeCions 375 Jxkson Street S�ite 220 Stint Paul, Mmnesota 5510t-t�6 PMne'(651)2659090 Fac(651)266-9124 Mww sipaul gov/ds� �y-g�, Date: 08/13/2009 Received From: WILLIAM & CHRISTINE BLUHM 92 MISSISSIPPI RIVER BLVD ST PAUL MN 55164 Description: Invoice Detaiis 658552 Noise Variance TOTAL AMOUNT PAID: Paid By: Paymenf Type I Check # I Received Date I Amount Check 3099 OSl13/2009 I $164.00 Invoice Amount $164.00 Amount Paid $164.00 $164.00 Page 7 of �