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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