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10-781Council File # 10-781 Green Sheet # 3115576 RESOLUTION CITY O Presented bv 1 WHEREAS, Chapter 2 of the ? noise in the City of Saint Paul; PAUL, MINNESOTA 4Z Legislative Code was enacted to regulate the subject of � WHEREAS, §293.09 provides for the granting of variances from the sound level limitations � 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 7 3 WHERBAS, Concrete and Grass Lowertown Music Festival, represented by Steve Heckler, 10 li 13 l� 14 l� 16 17 18 19 �� ?� » �; ?.� �� 26 �7 �g �q 30 31 >? 3; 34 » Executive Director, who has been designated as the responsible person on the application, has applied for a variance to present amplified music in Mears Park: and WHEREAS, applicant is seeking a variance for the hours of 4:00 p.m. to 10:00 p.m. on September 10, and from 12:00 noon to 10:00 p.m. on September, 2010; 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 variance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Concrete anfl Grass Lowertown Music Festival, subject to the following conditions: 1) The variance shall be for the hours of 4:00 p.m. to 10:00 p.m. on September 10, and from 12:00 noon to 10:00 p.m. on September 11, 2010; 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 eqLiipment, PA systems, loudspeakers or similar devices shal] be turned off no later than 10:00 p.m. on September 10 & 11, 2010. 10-781 36 ;7 i5 39 FURTHER RESOLVED that any violations of the conditions set forth above on the first date may result in revocation of the grant of a vaziance for the subsequent date, in addition to any criminal citation which might issue. Bostrom Carter Harris Yeas I Navs I Absent Requested by Department of: Safety & Inspections 7 B y' e Approved by the Office of Financial Services By: Appr City Attorney ay: �( (,✓�_�� Approved by Mayor for Submission to Councii By: � Thune Adopted by Council: Date � Adoption Certified by Co cil Secretary Bv= ` d.� Approv d a r: Date ����] 7�010 By: �� � 10- 1 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � -- — ------ -- -- - — — - DepartmenUOffice/Council: Date Initiated: S � Dept. of Safety & Inspections 30 JUN 2010 Green Sheet NO: 3115576 Contact Person & Phone: Department Sent To Person Initial/Date Mark Kaisersatt y o Dept OfSafeN & Insp¢Mions 266-190$ I Dep ofSafeN & Inspections Depar[m¢nt Director - - - -- �--- Assign 2 C_NAttomev � _Cig_Attomev_ Must 8e on Cou�ci! Agenda hy (Date): Number 3 J7avor's Office � lavor/Assistant 21-JUL-10 �U$LIC F j ( Por -- __ --_ -- - - --- ����- Routing 4 Cou CiryCouncil _ __ Doa Type: RESOLUTION Order 5 C�tv Clerk � CiNCierk�_ __ _ E-Document Required: Y Documenf Contact: Karen Olson Contact Phone: 266-9143 _ - _ _- _ _ _ __ _ _ ___._ ___-_____ _ _ _ -_ _ ___ Total # of Signature Pages _(Clip All Locations for Signaturei -.-__-_—_.-__ .___. ___ _ - _- -___ _-_'______ _ -__._-" -_ - Action Requested: Approval of a resolution granting Concrete and Grass Lowertown Music Festival an exemption from the sound level limitations in ChapCer 293.07, - - - - - — --- - �---- - - -- -- -- --- --------- --- --- - - Recommendations: Approve (A) or Re�ect (R): Personal Service Cont2cts Must Answer the Following Questions: Planning Commission 7 Has this person/firm ever worked under a contract for this department� CIB Committee Yes No Civil Service Commission 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 all yes answers on separate sheet and attach to green sheet. _ _ _" _ '__--" -_ _ '__-."- __ -___- _.'___-'—_-_-___ __..--_'__-___ . ____ -__ __ __ Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Concrete and Grass Lowertown Music Fesrival, represented by Steve Heckler, has requested an exemptron from the sound leve] l�mitat�ons in Chapter 293.07 in order to present amplified music from 4:00 p.m. to 10:00 p.m. on September 10, and from 12:00 noon to 10:00 p.m. on September I1, 2010 in Mears Park Chapter 293.09 provides for the granting of variances from the sound level limitatio�s contained in Chapter 293.07. --- ---�----�-- ------ --- — --- --- AdvantageslfApproved: � Appl�cant may present amplified music. DisadvantagesltApproved: - - -- - -- - - --- --- -- - Neighbors within earshot of the noise source will be subjected to amplified music. �� B� V� .. __ __ _ ___ __ __ .__ ______ __'__.__. —___ _ ,6 �„ �t'�l:ku Disadvantages If Not Approved: Appl�cant may not present amplified mus�c. �8 �`�_ ��� 6 ��� E --- — --- — — — ---- - ---- --- Sotaf Amou�t of Transaction: CostlRevenue Budgeted: Funding Source: Activity Number: Financial I nformation: (Explain) � June 30, 2010 7:57 AM Page 1 10-781 DFPARTMEN'L OF SAFEI'Y AYD INSPEC]'IONS Bob Kessler, Direcror 375 Jad.son Srrrer. Snire ??0 SninrPmd. Minnesora55101-78(.L' Application €or Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislauve Code Telephorse: 657-266-8989 Fnrsinu7e: bJ7-2669724 We6: n'�ncslpauLgoo/dsi � �� ��R�`/`�� 1� i �� � _, 4 \ \ 1. Organization or person seeking 2. Mailing Address with Zip Code 3. Responsibie person:�-� 4. Tide or oosition: �,te�-���-_ 5. 6. Briefly describe the noise source and equipment 7. Address or legal descripuon of noise source: �_ Oc_ ��2s� ar �` 8. Noisesourcetimeofoperaaon: ��ev� t��)d:cs, -�,�, �,c1,�, r . p;�� {'-a iv'c,e r�� S�;urao� � 9. Briefly describe the steps that wilE be taken to minimize the noise levels: L�1`�= �rt S1aS� ,� . 'v' ,�-- d'h cr¢.-acR� 10. Briefly state reason for seeking variance: 1�. �es hac.�.- 11. Date(s) during whieh the variance is requested:��� } )O 17 ;.�(1)O � c��i f Signateu�e of responsible person: Date: rSlc�� �74 Return completed Application and $164.00 fee to: CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS 3751ACKSON STREET, SLTIT'E 220 SAINT PAiJL, MN 55101-1806 (651)266-8984 �—�'"" -°-'-- — - Da� ^ Re� / �j i5;� Ba� '�� '� ReP � � � NOTE: APPLICATION MUST BE RECEIVED NO FEWER TI�AN 30 (THIItTY) DAYS PRIOR TO THE EVENT DATE � AA-ADA-EEO Employar CTTY OF SAINT PAUT. Clvisroplrer B. Co]emon. Mm'or Cd `�� ' � /�; � i 1 � Jazz 108.5 �— — - - DSI RECEIPT �ate: 06/25/2010 Received From: HOT SUMMER JA72 FESTIVAL PO BOX 8762 ST PAUL MN 55'I08 Description: Invoice Details 695715 Noise Vanance TOTAL AMOUNT PAID: Paitl By: Payment Type Check # Received Date ! Amount heck 'I 6�48 I 06/25/2070 $164.00 i Invoice Amount 5164.00 CITY OF SAINT PAUL 10-781 Oepartmem vF Safery antl Inspechons 375 Jackson SLeet SuRe 71� Sairh Pauf, Minnesota 5510148W Phone. (651j 2E6-8989 Fat (6517 26rS'124 wvw stpaul qov/tls� Amourtt Paid $164.00 $164.00 Page 1 of 1