99-914RlGiNAL
Presented $y
Referred To
Council File # 9q Q1
Green Sheet # \O��
RESOLUTION
CITY OF SAINT PAUL, NIIl�TNESOTA
,
�
Committee: Date
aa
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was
enacted to regulate the subject of noise in the City of Saint
Paul; and
WHEREAS, §293.11 provides for the granting of variances from
the sound level limitations contained in �293.09, upon a finding
by the City Council that full compliance with Chapter 293 would
constitute an unreasonable hardship on an applicant, other
persons or on the community; and
WI3EREAS, Gabe's By the Park, 991 North Lexington Avenue,
represented by Timothy Weiss, President, who has been designated
as the responsible person on the application, has applied for a
variance to allow live music in a tent adjacent to the licensed
premises on January 29, 30 and 31, 1999; and
WHEREAS, applicant wishes to present live music from 5:00
p.m, until midnight on the above-mentioned dates; and
WHEREAS, if applicant is not granted a variance it will not
be able to present the live music; and
WHEREAS, the Office of License, Inspections, and
Environmental Protection 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 Gabe's By the Park, subject to the following
conditions:
1) The variance shall'be for the hours of 5:00
p.m to midnight on January 29, 30 and 31,
1999.
2) All electronically powered equipment used in
conjunction with the event shall not exceed
95 dBA as measured from the interior wall
located opposite the front of the stage.
3) The applicant shall provide personnel and
equipment who sha11 provide continuous sound
level monitoring between 5:00 p.m. and
midnight on all dates to ensure compliance
with Condition #2.
��
.
�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
ORIGINAL
4) All electronically powered equipment, PA
systems, loudspeakers or similar devices
shall be turned off no later than midnight on
each o£ the dates.
q9-91
FURTHER RESOLVED, that any violation of the conditions set
forth above during the January 29 or 30, 1999 dates may result in
revocation of the grant of a variance for the January 30 or 31,
1999 dates, in addition to any criminal citation which might
issue.
� a
o�zcE OF LIEP Date: 1/7/99 GREEN SHEET
N° 64806 `��"��
GARY J. PECHMANN 266-9136 e7�T+`1�NT DIRECTOR 4 ixr courrczL
� ITY ATTORNEY ITY CLERK
n.�um
ust be on C011ncil Agend3 by: � UDGET DIRECTOR eIN_ E MGT. SVC_ DIR.
�
3 YOS2 (Oi2 ASSIST
OTAL # OF SIGNATURE PAGES 1 (CLIP AL LOCATIONS FOR SIGNATURE)
CTION REQUESTED: Resolution granting Gabe's By The Park a sound level
ariance from the sound level limitations contained in Chapter 293.09.
RECOhAfENDATIONS: APPROVE (A) OR REJECT (R) BRSp{W. SERVICB CONTRACTS M[JST ANSiOER THE FOL7.OSP2SiG:
PLANNING COMMISSION CIVIL SERVICE COMMISSSON 1. Has the person/firm ever worked under a contract for this department?
CIB COMN.ITTEE HUSINESS REVIEW COUNCIL YES NO
STA�E _ Has this person/firm ever been a City employee?
DISTRICT COURT YES NO
3. Does this person/firm possess a skill not normally possessed by any
SUPPORTS WHICH COUNCIL OBJEC?IVE? Current City employee?
YES NO `
lain all YES aasw¢rs oa a separate shcet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
Gabe's By The Park, represented by Timothy Weiss, President, has requested a
sound level variance to allow live music in a tent adjacent to the licensed
premises at 991 Lexington Parkway N.. The concerts are scheduled from
5:00 p.m. until midnight on January 29, 30 and 31, 1999.
VANTAGES IF APPROVED; RECEIVED
ill place conditions that will limit the sound impact in surrounding
residential areas. JAN �7 �999
,
DISADVANTAGES IF APPROVED:
Persons living near 991 Lexington Parkway N. will be able to hear the music
from the concerts.
ill recruire staff time to monitor the events. ����"� �`����� € �� re �� Y
g��� � � 1 99
DISADVANTAGES IF NOT APPROVED:
The sound level impact in surrouncling residential areas could be greater with
no conditions. Applicant may not be able to present the concerts without
exceeding the sound level limitations contained in 293.b9.' - -- —.
TOTAL AMOUNT OF TRANSACTION S 250 COST/REVENUE BUDGETED YES NO
FUNDING SOURCE 320 ACTIVITY NUMBER 0141
FINANCIAL INFORMATION: (EXPLAIN)
� .�rP �w^nat;;� ��'E't,tnr
�L. a, �.�w,
For monitoring overtime.
a >. � � +�
r�, ,
4RlGiNAL
Presented $y
Referred To
Council File # 9q Q1
Green Sheet # \O��
RESOLUTION
CITY OF SAINT PAUL, NIIl�TNESOTA
,
�
Committee: Date
aa
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was
enacted to regulate the subject of noise in the City of Saint
Paul; and
WHEREAS, §293.11 provides for the granting of variances from
the sound level limitations contained in �293.09, upon a finding
by the City Council that full compliance with Chapter 293 would
constitute an unreasonable hardship on an applicant, other
persons or on the community; and
WI3EREAS, Gabe's By the Park, 991 North Lexington Avenue,
represented by Timothy Weiss, President, who has been designated
as the responsible person on the application, has applied for a
variance to allow live music in a tent adjacent to the licensed
premises on January 29, 30 and 31, 1999; and
WHEREAS, applicant wishes to present live music from 5:00
p.m, until midnight on the above-mentioned dates; and
WHEREAS, if applicant is not granted a variance it will not
be able to present the live music; and
WHEREAS, the Office of License, Inspections, and
Environmental Protection 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 Gabe's By the Park, subject to the following
conditions:
1) The variance shall'be for the hours of 5:00
p.m to midnight on January 29, 30 and 31,
1999.
2) All electronically powered equipment used in
conjunction with the event shall not exceed
95 dBA as measured from the interior wall
located opposite the front of the stage.
3) The applicant shall provide personnel and
equipment who sha11 provide continuous sound
level monitoring between 5:00 p.m. and
midnight on all dates to ensure compliance
with Condition #2.
��
.
�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
ORIGINAL
4) All electronically powered equipment, PA
systems, loudspeakers or similar devices
shall be turned off no later than midnight on
each o£ the dates.
q9-91
FURTHER RESOLVED, that any violation of the conditions set
forth above during the January 29 or 30, 1999 dates may result in
revocation of the grant of a variance for the January 30 or 31,
1999 dates, in addition to any criminal citation which might
issue.
� a
o�zcE OF LIEP Date: 1/7/99 GREEN SHEET
N° 64806 `��"��
GARY J. PECHMANN 266-9136 e7�T+`1�NT DIRECTOR 4 ixr courrczL
� ITY ATTORNEY ITY CLERK
n.�um
ust be on C011ncil Agend3 by: � UDGET DIRECTOR eIN_ E MGT. SVC_ DIR.
�
3 YOS2 (Oi2 ASSIST
OTAL # OF SIGNATURE PAGES 1 (CLIP AL LOCATIONS FOR SIGNATURE)
CTION REQUESTED: Resolution granting Gabe's By The Park a sound level
ariance from the sound level limitations contained in Chapter 293.09.
RECOhAfENDATIONS: APPROVE (A) OR REJECT (R) BRSp{W. SERVICB CONTRACTS M[JST ANSiOER THE FOL7.OSP2SiG:
PLANNING COMMISSION CIVIL SERVICE COMMISSSON 1. Has the person/firm ever worked under a contract for this department?
CIB COMN.ITTEE HUSINESS REVIEW COUNCIL YES NO
STA�E _ Has this person/firm ever been a City employee?
DISTRICT COURT YES NO
3. Does this person/firm possess a skill not normally possessed by any
SUPPORTS WHICH COUNCIL OBJEC?IVE? Current City employee?
YES NO `
lain all YES aasw¢rs oa a separate shcet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
Gabe's By The Park, represented by Timothy Weiss, President, has requested a
sound level variance to allow live music in a tent adjacent to the licensed
premises at 991 Lexington Parkway N.. The concerts are scheduled from
5:00 p.m. until midnight on January 29, 30 and 31, 1999.
VANTAGES IF APPROVED; RECEIVED
ill place conditions that will limit the sound impact in surrounding
residential areas. JAN �7 �999
,
DISADVANTAGES IF APPROVED:
Persons living near 991 Lexington Parkway N. will be able to hear the music
from the concerts.
ill recruire staff time to monitor the events. ����"� �`����� € �� re �� Y
g��� � � 1 99
DISADVANTAGES IF NOT APPROVED:
The sound level impact in surrouncling residential areas could be greater with
no conditions. Applicant may not be able to present the concerts without
exceeding the sound level limitations contained in 293.b9.' - -- —.
TOTAL AMOUNT OF TRANSACTION S 250 COST/REVENUE BUDGETED YES NO
FUNDING SOURCE 320 ACTIVITY NUMBER 0141
FINANCIAL INFORMATION: (EXPLAIN)
� .�rP �w^nat;;� ��'E't,tnr
�L. a, �.�w,
For monitoring overtime.
a >. � � +�
r�, ,
4RlGiNAL
Presented $y
Referred To
Council File # 9q Q1
Green Sheet # \O��
RESOLUTION
CITY OF SAINT PAUL, NIIl�TNESOTA
,
�
Committee: Date
aa
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was
enacted to regulate the subject of noise in the City of Saint
Paul; and
WHEREAS, §293.11 provides for the granting of variances from
the sound level limitations contained in �293.09, upon a finding
by the City Council that full compliance with Chapter 293 would
constitute an unreasonable hardship on an applicant, other
persons or on the community; and
WI3EREAS, Gabe's By the Park, 991 North Lexington Avenue,
represented by Timothy Weiss, President, who has been designated
as the responsible person on the application, has applied for a
variance to allow live music in a tent adjacent to the licensed
premises on January 29, 30 and 31, 1999; and
WHEREAS, applicant wishes to present live music from 5:00
p.m, until midnight on the above-mentioned dates; and
WHEREAS, if applicant is not granted a variance it will not
be able to present the live music; and
WHEREAS, the Office of License, Inspections, and
Environmental Protection 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 Gabe's By the Park, subject to the following
conditions:
1) The variance shall'be for the hours of 5:00
p.m to midnight on January 29, 30 and 31,
1999.
2) All electronically powered equipment used in
conjunction with the event shall not exceed
95 dBA as measured from the interior wall
located opposite the front of the stage.
3) The applicant shall provide personnel and
equipment who sha11 provide continuous sound
level monitoring between 5:00 p.m. and
midnight on all dates to ensure compliance
with Condition #2.
��
.
�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
ORIGINAL
4) All electronically powered equipment, PA
systems, loudspeakers or similar devices
shall be turned off no later than midnight on
each o£ the dates.
q9-91
FURTHER RESOLVED, that any violation of the conditions set
forth above during the January 29 or 30, 1999 dates may result in
revocation of the grant of a variance for the January 30 or 31,
1999 dates, in addition to any criminal citation which might
issue.
� a
o�zcE OF LIEP Date: 1/7/99 GREEN SHEET
N° 64806 `��"��
GARY J. PECHMANN 266-9136 e7�T+`1�NT DIRECTOR 4 ixr courrczL
� ITY ATTORNEY ITY CLERK
n.�um
ust be on C011ncil Agend3 by: � UDGET DIRECTOR eIN_ E MGT. SVC_ DIR.
�
3 YOS2 (Oi2 ASSIST
OTAL # OF SIGNATURE PAGES 1 (CLIP AL LOCATIONS FOR SIGNATURE)
CTION REQUESTED: Resolution granting Gabe's By The Park a sound level
ariance from the sound level limitations contained in Chapter 293.09.
RECOhAfENDATIONS: APPROVE (A) OR REJECT (R) BRSp{W. SERVICB CONTRACTS M[JST ANSiOER THE FOL7.OSP2SiG:
PLANNING COMMISSION CIVIL SERVICE COMMISSSON 1. Has the person/firm ever worked under a contract for this department?
CIB COMN.ITTEE HUSINESS REVIEW COUNCIL YES NO
STA�E _ Has this person/firm ever been a City employee?
DISTRICT COURT YES NO
3. Does this person/firm possess a skill not normally possessed by any
SUPPORTS WHICH COUNCIL OBJEC?IVE? Current City employee?
YES NO `
lain all YES aasw¢rs oa a separate shcet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
Gabe's By The Park, represented by Timothy Weiss, President, has requested a
sound level variance to allow live music in a tent adjacent to the licensed
premises at 991 Lexington Parkway N.. The concerts are scheduled from
5:00 p.m. until midnight on January 29, 30 and 31, 1999.
VANTAGES IF APPROVED; RECEIVED
ill place conditions that will limit the sound impact in surrounding
residential areas. JAN �7 �999
,
DISADVANTAGES IF APPROVED:
Persons living near 991 Lexington Parkway N. will be able to hear the music
from the concerts.
ill recruire staff time to monitor the events. ����"� �`����� € �� re �� Y
g��� � � 1 99
DISADVANTAGES IF NOT APPROVED:
The sound level impact in surrouncling residential areas could be greater with
no conditions. Applicant may not be able to present the concerts without
exceeding the sound level limitations contained in 293.b9.' - -- —.
TOTAL AMOUNT OF TRANSACTION S 250 COST/REVENUE BUDGETED YES NO
FUNDING SOURCE 320 ACTIVITY NUMBER 0141
FINANCIAL INFORMATION: (EXPLAIN)
� .�rP �w^nat;;� ��'E't,tnr
�L. a, �.�w,
For monitoring overtime.
a >. � � +�
r�, ,