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10-639Council File # �— ,3 Green Sheet # 3112996 OF SAINT P Presented by l_1 J9 1 WHEREAS, apter 293 o e Saint Paul Legislative Code was enacted to regulate the subject of 2 noise in the Ciry of S a d � WHEREAS, §293.09 provides for the granting of variances from the sound level limitations � contained in §293.07, upon a finding by the Ciry Council that full compliance with Chapter 293 would 6 constitute an unreasonable hazdship on the applicant, other persons or on the community; and 8 WHEREAS, Station 4, represented by Steve Ledin, Owner, who has been designated as the 9 responsible person on the ap�lication, has applied for a variance to present outdoor amplified live l0 music at Sibley Street and 4 Street E.; and Il 12 WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 10:00 p.m. on July 31, 13 2010; and 14 I S WHEREAS, if applicant is not granted a varia�ice it will not be able to present outdoor amplified 16 live music at Sibley Street and 4` Street E.; and 17 l8 �q �� 21 ?2 �; ?a ?� 26 ?7 ?g ?q 30 ;� �2 33 34 WHEREAS, the Department 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 vaziance to Station 4, subj ect to the following conditions: 1) The variance shall be for the hours of 12:00 noon to 10:00 p.m. on July 31, 2010. 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. 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 10:00 p.m. on the event date. c� ��-� 3 � 35 FURTHER RESOLVED, that any violations of the conditions set forth above on the July 31, 2010 36 date may result in denial of future requests for the grant of a noise variance, in addition to any cnminal 37 citation which might issue. 38 i Yeas Nays Absent Bosfrom :/ ' Carter � Hams Helgen � Lantry � � Stark � I Thune � � Requested by Department of Safety and Inspections ��'�� �" ��--' By: Approved by the Office of Financial Serv�ces By: Appr b City Attorney By: Approve by a} or � ubmi i� to C mcil By: Adopted by Council: Date ��/����/� � � � -' c'%�"io�3q � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � — ----- — --- ------ DepartmenUOffice/Council: Date Initiated: S , Dept.ofSafety&Inspections 25MAY2010 Green Sheet NO: 3112996 Contact Person & Phone: Mark Kaisersatt 266-1908 Must Be on Cou�cil Agenda by (Datej: ,s-�uN-,o �uB�(c f� Doc.Type:RESO E-Document Required: Y Document Contact: Karen Olson Contact Phone: 266-9143 Department SentToPerson Initial/Date 0 Dept of SafeN & Inspections 1 Deo of Safety & Inspections Department DirecSgr 2 CJN Attomev Cin' Attornev_ __ 3 Mayor's Otlice � Mavor/ASSistant_ _ 4 Caimcil Cilv Counril 5 .Cltv Cferk _ ---'—_�_ - -____ City Clerk - - � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: __. _.— --.— _— .. ____--_______ _ Approval of a resolution granting Starion 4 an exemption from the sound level limitations in Chap[er 293.07. Recommendations Approve (A) or Reject (R) Planning Commission CIB Gommittee Civil Service Commission — . __.—_—____.. __—.__— __ ___ _ Personal Service Contracts Must Answer the Following Questions: 1. Has this personffirm ever worked under a contrad for this department? Yes No 2 Has this person/frm ever been a city employee� Yes No 3 Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet. - _ _ _-__ _.__._—. —. _ __---___.___—_- — _ __ ___... ._ __ -.__ ____ Initia[ing Problem, Issues, Opportunity (Who, What, When, Where, Why): Stat�on 4, represented by Steve Ledin, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present outdoor amplified live music, with limitations, from 12:00 noo�i to 10:00 p.m, on July 31, 2010 at Sibley Street and 4th Street C Chapter 293.09 provides for the granting of variances from the sound level limitations contained in Chapter 203.07. Advantages If Approved: ;�ppl�cant may presen[ outdoor amplified live music. - --------- _ . - ---------------- - -- Disadvantages If Approved: Ne��hbors within earshot of the noise source will be subjected to outdoor amplified live music. Disadvantages if Not Approved: � .Apphcant may not present outdoor amplified live music. Total Amount of Transaction: Funding Source: Fi nan cial Information: (Explain) May 25, 2010 8:52 AM CostlRevenue Budgeted: Activity Number: Page 1 —�i � io �3 � DEPARTMENT OF SAFETY AND INSPECTIONS Bob Kessler, Direcmr CTI'Y OF SAINT PAUL Chrismpher B Co(eman, Mayor l/4 ! � 375 Jackson Stree; Suite 220 Saint Paul, Minnesom 55101-1806 . y .. ' i� � i ' Application for Sound Level Variance Ciry of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code 1. Organizauon or person seeking 2. Mailing Address with Zip Code 3. Responsible person:� 4. Title or oosition: (�} L�) U 5. Telephone: llj;� ( ' t `J� �"(IrjX 6. Briefly describe the noise source and equipment 7. Address or legal description of noise source: 8. Noise source time of 7elephone: 651-266-8989 Facs'unile: 651-266-9724 Web� wwwstpaul.gov/dsi MAY 2 2010 ^ . ����' � �t.� /( r � I + ) �,� \� 3 V�� , fl 9. Briefly describe the steps that will be taken to minimize the noise 1C. Briefly state reason for seeking variance: �C (l� `' Sj��, (� 1' 11. Date(s) during which the variance is Signature of responsible person: Date: ��/� � l�p Return completed Application and $164.00 fee to: CTTY OF SAINT PAUL � ��� DEPARTMENT OF SAFETY AND INSPECTIONS ,/ 3'75 JACKSON STREET, SUITE 220 Rev� �� � SAINT PAiTL, NIN 55101-1806 (651) 266-8989 Dat / � Refe �;. S � � NiDTE: APPLICATION MUST BE RECEIVED NO FEWER THAN 30 (THIRTY) DAYS PRIOR TO THE EVENT DATE �� R� � �Q 5`� ( � „�- � AA-ADA-EEO Employer I J T7� L I Jazz 108.5 � L— —� DSI RECEIPT Date: OS/21 /2010 Received From: SPC ENTERPRISES INC dba: STATION 4 8971 HIGHWAY 5 E LAKE ELMO MN 55042 Description: Invoice �etails 691450 Noise Variance TOTAL AMOUNT PAID: Paid By: ayment Type Check # Received Date Amount �Check 5085 05/21/2010 $164.00 � Invoice Amount $164.00 CITY OF S IMf PAUL J � Departmanl of Safery antl Inspedions 375 Jac4son Svee� Suite 220 Samt Pa�l, Minnesota 55101-i8C6 Phorw.(651)266-8989 Far.(651)266-9124 www stpaaLgovfdsi Amount Paid $164.00 $164.00 Page 1 of 1