10-517Council File # 10-517
Green Sheet # 3108376
PAU
Presented by
ON
0
e�
W�IEREAS,
the Saint Paul Legislative Code was enacted to regulate the subject of
noise in the City of Saint Paul; and
4 WHEREAS, �293.09 provides for the granting of variances from the sound ]evel limitations
5 contained in §293.07, 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
8 WHEREAS, Brian Horst/CapitolRiver Council, represented by Brian Horst, Event Manager, who
9 has been designated as the responsible person on the application, has applied for a variance to present
10 live amplified music in Mears Park in Lowertown; and
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
36
37
38
39
40
41
WHEREAS, applicant is seeking a vaziance for the hours of 6:00 pm. to 9:00 p.m. on June 10,
17, & 24, July 8, 15, 22, & 29, and Au�ust 5, 12, 19, & 26, 2010; and
WHEREAS, if applicant is not granted a variance it will not be able to present live amplified music
int Mears Park; and
WHEREAS, the Deparhnent 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 Brian
HarstJCapitolRiver Council, subjeet to the following conditions:
1) The variance sha11 be for the hours of 6:00 p.m. to 9:00 p.m., on June 10, 17, & 24, July 8,
15, 22, & 29, and August 5, 12, 19, & 26, 2010; and
2) ll dates are requested by the applicaut. No recommendation is being made with respect to the
number of days for which variance may be granted; and
3) A11 electronically powered equipment used in conjunction with the event shall not exceed
85 dBA at 54 feet from the sound source from 6:00 p.m. unti19:00 p.m.; and
4) The speakers shall be directed away from nearby residences; and
5) The applicant sha11 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 Conditions #3 & #4; and
6) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than 9:00 pm. on June 10, 17, & 24, July 8, 15, 22, & 29, and August 5, 12,
19, & 26, 2010.
io-si�
42 F'[IRTHER RESOLVED, that any violations of the conditions set forth above on any of the
43 dates may result in revocation of the grant of a variance for the subsequent date(s), in addition to
44 any criminal citation which might issue.
45
Yeas Nays Absent
Bosteom i /
Carter �/
Hanis �
Helgen �/
Lantry
Stark �/
Requested by Department of: Safety & Inspections
p�
By: � ��c_
Approved by the Office of Financial Services
�
Thune ,� Approv City Attomey
BY Gu q � � �.✓�
Adopted by Council: Date ���� �o(O/d Apptoved by ayo fo missio � 6i ncil
Adoption Certified by Co cil Secsetary By:
By:
i
Approved y. Date � L 2 O/O
By:
� �o_s��
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenVOffice%Council: Date initiated: �
S , Dept. of Safety & Inspections 2� APR 2010 Green Sheet N O: 3108376
Contact Person & Phone:
Mark Kaisersatt
266-1908
h1ust 8e on Council Agenda by (Dafe):
19-MAV-10 ;�upLrc NC�FR�n�6.
�oc. Type: RESOLUTION
E-Document Required: Y
Document Contact: Karen Olson
Contact Phone: 266-9143
�
Assign
Number
For
Routing
Order
OepaMient
0 DepL ofSate .& Ins eCp CipRS
1 DeQt of5afe S Inepec5ans
2 CiN Attoruet__
__ ___ , __ _
3 Ma oY [�90�ce _ _
9 Coimcil __.___ __ _
5 CiNClerk,__ ____ _ _.
Total # of Signature Pages �_ (Clip All Locations for Signature)
_ _ -- _ _ __ _.— ____�__— _ _ —.-- —__.—__. _'_.__—__ —__ __ _ -
Achon Requested:
�pproval of a resolution granting Brian Horst/Cap�rolRiver Council, represen[ed by Brian Horst, Event Director, an exemption from
thc sound level timitatious m Chapter 293.07
Recommentlations: Approve (A) or Reject (R):
Planning Commission
_ CB Committee
Qvil Serwce Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/frm ever worked under a contract for this department�
Yes No
2. Has this person/firm ever been a cily employee�
Yes No
3 Does this person/firm possess a skill not normally possessetl by any
current city employee?
Yes No
� Explain all yes answers ort sepaafe sheet and attach to green sheet.
._—_ . —__ __ _ _ _ _ — __ _ _
Imtiating Problem, issues, Opportunity (Who, What, When, Where, Why):
Bnan Horst/CapitolRiver Council has requested a sound level vaziance to provide live aznplified musrc from 6:00 p.m. to 9:00 p.m. on
J une I Q 17, & 24, 7uly 8, 15, 22, & 29, and August 5, 12, 19, & 26, 2010 in Mears Park. Chapter 293:09 provides for Yhe granting of
� anances from the sound Ievel hmitations coutamed in Chapter 293.07
Advantages If Approved:
J�ppltcant may present iive ampiified music.
Disadvantages If Approved:
�ieighbors within earshot of the noise source will be subjected to live amplified music.
Disadvantages If Not Approved:
4pphcant may not presenf ltve amplified music.
Total Amount of
Transactfon:
Funding Source:
F inancial lnformation:
(Explain)
Activiry Number:
CostlRevenue Budgeted:
Se�tTo Person (�itiallDate � `�
� Depar[men[Direcror
Cih Attorney
]lyor/ASSis[ant
_ _ Ci_Ty_Council
City Clerk
���'�f �V D
�.��e � C� ��.1`k�
__ __—.___ _ __ .______—__.---____ -___ -_ -_�_ -_ _ -
,`.�"�.� �����
April 27, 2010 9:59 AM Page 1
io-si�
DEPARTMENT OF SAFbTY AND INSPECCIONS
Bob Kess[er, Direc��.�'�
CPI`Y OF SAINT PAUL
ChristopherB. Cokman. Mayor
�s ��.�oa s�� s,� azo
Sa'v+tPaul.Minnesm 5701-ISb6�
� ����� � ��!
� ��
n . ��
Variance
1. Organization orperson seeking variance: /�/ah l�d�so`� ���th% .��ei �vK„ <<- /
2. Address: � / /.��r/c �� !� � rf ��.yL � d�sv 5'S`lv z
3. Responsible gerson: �`'« �o�
4. Title or posiCion: �ic✓�l` l
5.
6. Briefly describe the noise source and equipment involved: G� `��
Application for Sound �
City of Saint Paul Noise
Chapter 293 of the Saint Paul L
7. Addres�s or legal description of noise source: �1��,.,-�s �l�� dP 11.���, ��` ° s�F`' �/r�t-f�
8. Noise source time of
9. Briefly describe the steps tfiat will be taken to minimize the noise levels: �✓� �Se l�� , j�'�r���
_ � °�e�'^S 2r�r.� �lrc� rf�i {v�-. �`.. ct �r ,�� � �e �r� aas fa o�,, 5� i rnlc<
� _
10. Briefly state reason for
11. Dates during which the variance is
�e iit ---
� � o P�roGccf�f �c„7 !"-�
Signatnre of responsibie person: /_� �� Date: � 7�Zo/o
,
Return completed AppIication and $164.00 fee to:
CITY OF SAINT PAi3L
DEPARTMENT OF SAFETI' AND INSPECTIONS
375 JACKSON STREET, SUITE 220
SAINT PAUL, MN 55102-1806
(651)266-9090
G �� �,
i �
��
AA-ADA-EEO Empioyar � J ��l�
' n���
I
i
� f
��� �
��
�� �
� ,
ppp ��� ��
���� 1
Jazz
�----�---
flc
Telepharte: 657166-9090
Facsimile: 657-266-9T24
Web: www.stpmeLgovJdsi
G` :- �t�=\J?• ', � :
APR 1 � 2Gt4
c'o/�
100.5 '
�l
�,
VnVL1
��I
Date: 04/16YZ07 D
DSI RECEIPT
Received From: BRIAN HORST MUSIC IN MEARS PARK
61 DALE ST N APT 3 ST PAUL MN 55102
Description:
Invoice Details
687805
Noise Variance
TOTAL AMOUNT PAiD:
Paid By:
Page 1 of 1
Invoice Amount
$764.00
CITY OF SAINT���
Departmerrt af Safey antl inspect�ons
375 Jac Street Su�ta 226
Saurt Paul, Minnesota 5510b1806
Phone (65112668989 Far (651) 2659124
WwH slpaul.gov/tlsi
Amount Paid
$164.00
$164.00