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96-983Council File � �� - 9�'3 Ordinance # Green Sheet #� �« u Presented By Referred To RESOLUTION OF AINT PAUL, MINNESOTA Committee: Date i WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the z City of Saint Paul; and 3 a WF�REAS, Section 293.11 provides for the granting of variance by the City Council upon its finding that full s compliance with said Chapter would constitute an unreasonable hazdship on an applicant, other person or on 5 the community; and � s 9 io ii 12 13 14 15 16 17 WHEREAS, Applicant Great American History Theater, presenting RiverFeast, represemed by Thomas Berger, Managing Director, who has been designated as the responsible party on the application, has requested a variance to allow live music at Kellogg Park, located at Kellogg Pazk, on Kellogg Boulevard between Wabasha Street and Robert Street on August 16, 17, & 18, 1996; and WIIEREAS, the above applicant has requested a variance for August 16 & 17 from 11:00 AM to 10:00 PM and August 18 from 11:00 AM to 8:00 PM; and WHEREAS, without the variance the applicant will not be able to present its proposed live music; and is WHEREAS, the Office of License, Inspections and Environmental Protection has reviewed the application and i9 has made recommendation as set forth herein; now, therefore, be it zo zi zz 23 24 25 26 27 2s 29 30 31 RESOLVED, that the Council of the city of Saint Paul hereby grants a variance to the above Applicant upon the following conditions: 1� 2} 3) The variance shall be for the hours of 11:00 AM to 10:00 PM on August 16 & 17, 1996 and 11:00 AM to 8:00 PM on August 18, 1996 Ali electronically powered equipment used in conjunction with the event shall not exceed 100 dBA as measured at the sound mix or at a distance of 50 feet from the front of the stage, whichever is closer. The applicant sha11 provide personnel and equipment who shall continuously monitor the sound level to ensure compliance with condition #2. i 4`y Al'1 electronically powered equipment, PA systems, loudspeakers or similaz devices shall be turned off no z later than 10:00 PM on August 16 & 17, 1996 and 8:00 PM on August 18, 1996. � C_ C ��� Requested by Department of: Office of License Inspections and Environmental Protection BY � /����"�� Form Approved by City Attorney � �` R �� �� By: a rr�. �Y� , .., - �a�� s Approved by Mayor: Date � Z 3 7�' Approved by Mayor for Submission to Council B ��C _;�r2� � �, � � %� �_ �--:� Adopted by Council: Date i � Adoption Cettified by Council Secretaxy ° Ic�—��3 �EPARYMENT/OFFiCHCOUPICIt OATE MfTiASED 'v� 3 5 4 9 4 LIEP Licensin 8/14/96 GREEN STHEET _ N�T�AU�ATE CANTACT PEFiSON & PHONE DEPARTMENT DIqE CRY COUNdL Gar Pechmann, 266-9136 "�'�" C�TYATT�RNEV OCRVCLERK MUSTBE ON COUNCILAGENDA BV (DATE) N R�VfING� R O BUDGEf OIRECTOR � FlN. & MGT. SEPVICES DIR, ASAP OROER � MAYOFi (OR ASSISTANT) O � TOTAL # OF SIGNATUpE PAGES 1 (CLIP ALL LOCATIONS POR SIGNATURE) ACIION REQUESTED: Resolution granting the Great American History Theater a sound level variance with conditions. RECOMMENDAnONS: Approve (A) a Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: _ PLqN171PtG CoMNnSSION _ CIV7L SERViCE CAentA1S510N �� Has fhis persoMirm ever worked under a coMract for this departrnent? _ CIB COMMRTEE _ YES NO _ SiAFF 2. Has this perso�rm ever been a city employee? — YES NO _ DIS7RICT COUP7 _ 3. Does this person�rm possess a skill not normall ossessed y p by any curtent ciry employae? SUPPoRTSWHICXCAUNCILO&IECTIVE? YES NO Explaln all yas answers on seperate sheet and etteeh to green sheet INITIAT�NG PROBLEM, ISSUE, OPPEIRTUNITY (WIw, Whet, When, Where, Why): The GxeaC Ane�ican History Theater, presenting, Riverfeast, has requested a sound level variance for a live music concert to be held August 16 & 17, 1996 from 11:00 AM to 10:00 P and August 18, 1996 from 11:00 AM to 8:00 PM at Kellogg Park. A�VANTAGES IFAPPROVED: Wi11 allow the concert to occur with conditinns that include saund 1eve1 limits that will reduce the noise output to surrounding residential properties. DISADVANTA('iES IFAPPROVED Surrounding properties could experience increased noise levels which exceed normal background levzls. DISAOVANTA6ES IF NOT APPROVED: Sound levels would need to be monitored at the nearest residential properties to determine violation of Chapter 293 of the Saint Paul Legislative Code. TOTAL AMOUNT OF TAANSACTION S COST/REVENUE BUOGETED (CIHCLE ONE) YES NO FllN91HG SOORCE ACTWITY NUMBER FINANCIAL INFORMATION: (EXPLAIN)