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Presented By Referred To Council FIle # p� � �p � Green Sheet # t o-3 aa�y RESOLUTION ITY OF SAINT PAUL, D'IIl�TNESOTA �� i � Committee: Date 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 WHEREAS, Gabe's By The Park, represented by Tim Weiss, President, who has been designated as the responsible person on the application, has applied for a variance to allow amplified music at 991 North Lexington, on March 15, 16 and 17, 2002, and October 25 and 26, 2002; and WHEREAS, applicant is seeking a variance for the hours of 2:00 p.m. to midnight on each of the above dates; and WHEREAS, if applicant is not granted a variance it will not be able to present the amplified music at Saint Patrick's Day and Halloween celebrations; 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 for March 15, 16 and 17, 2002 and October 25 and 26, 2002 to Gabe's By The Park, subject to the following conditions: 1) The variance shall be for the hours of 2:00 p.m. to midnight on each of the dates. 2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured from the wall opposite the stage. 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring between 2:00 p.m. and midnight on March 15, 15 and 17 and October 1 2 3 4 5 6 7 8 9 10 11 12 13 25 and 26, 2002 to ensure compliance with Condition #2- 4) Al1 electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than midnight on each of the dates. OL- ��Y FURTHER RESOLVED, that any violation of the conditions set forth above on one or more of the dates may result in revocation of the grant of a variance for any of the subsequent dates, in addition to any criminal citation which might issue. Requested by Department of: Llt�r Adoption Certified by Council Secretary Sy: Appr By: � � ; ' ►� -. ,. _i�.� Form Approved by City Att n� / By: i / Approve y Mayo� for i ion t ouncil By: �ti�° � Adopted by Council: Date i�_ b a� d� -T' OFFICE OF LIEP Date: O1/28/2002 GREEN SHEET N 103284 °?� xk R. K3isers8tt 266-9147 1 EPAF2TMENT DIRECIVR 4 i� couxciz ,�,,, 2 xxz aTroxivaz zxr cr.sxx �� ust be on Council Agenda by: �ET Dz��ox xN. � Mcr. svc. nxx. 02�06/2002 3 YOR (OR ASSISTANT) OTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: esolution granting Gabe's By The Park a sound level variance from the sound level limitations contained in Chapter 293.09. EQ�IMIENDATIONS: APPROVE (A) OA AEJECT (R) BRSONAL SBRVIC& CONTRACTS MOST ANSNSR T88 FOLLO[VING: PLANNING COPAfISSION CIVIL SERVICE CO[�4tISSION 1. Has the person/fism ever worked under a contract for this depaztment? CIB COM1MITTEE _ BUSINESS REVIEW COUNCIL yES NO STAFF _ 2. Hdg this person/firm ever been a City employee? D2STRICT COURT _ yES NO 3. Does this person/firm possess a skill not normally possessed by any SUPPORTS WHICH COUNCIL OBSECTIVE? CuriERt City employee? YES NO xplain all Y85 aasrrers on a separate sheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Tim Weiss, representing Gabe's By The Park, has requested a sound level ariance for outdoor amplified music in a parking lot at the establishment located at 991 Lexington Parkway N.. The music is scheduled on March 15, 16, & 17, 2002 from 2:00 p.m. until midnight, and on October 25 & 26, 2002 from 2:00 p.m. until midnight. "`� ��� VANTAGES IF APPROVED: ' ill place conditions that will limit the sound impact on surroua�d�i�ig`� ���� ,3t�3+ t. residential and commercial areas. ISADVANTAGES IF APPROVED: Persons living or working near 991 Lexington Parkway N, will be able to hear the sounds from the outdoor amplified music. ISADVANTAGES IF NOT APPROVED: The sound level impact on surrounding residential and commercial areas could e greater with no conditions. pplicant may not be able to present the music without exceeding the sound level limitations contained in 293.09. TOTAL AMOUNT OF TRANSACTION S 1,250 COST/REVENUE BUDGETED YES NO FUNDING SOURCE 320-33350 ACTIVIT R o.,� s�1 FINANCIAL INFORMATION: (EXPLAIN) �: ��... J�t� � � 20�2 � «.,: �;�`�: <,..:.:•. CITY OF SAINT PAUL Norm Coleman, Mayor January 16, 2002 OFFICE OF LICENSE, INSPECTIONS AND o1 �, OY ENVIIZONMENTAL PROTECTiON Roger Cunis, Diruior LOWRYPROFESSlONALBUbDING Telephone: 65I-266-9090 350 St. Peter Sbeei, Suife 300 Facsimi[e: 651-266-9124 SainlPaul,MinnesoiaSi102-I510 Web: www.cisryau[.mn.us/[iep TO: Nancy Anderson, Council Investigation & Reseazch Room 310, City Hall FROM: Mark Kaisersatt �7� Office of License, Inspecrions and Environmental Protection SUBJECT: Sound Level Variance Amplified Outdoor Music, Gabe's By The Park Attached is a sound level variance application from Tim Weiss, President, Gabe's By The Park, at 991 Lexington Pazkway N. to allow amplified music outdoors in the parking lot located at the restaurant. The first variance is requested from 2:00 pm. to 12:00 midnight on March 15, 16, & 17, 2002 during the St. Patrick's Day celebration; and the second variance is requested from 2:00 pm. to 12:00 midnight on October 25 & 26, 2002, during the Halloween celebration. Also attached is a copy of the Public Hearing Notice sent to property owners within 200 feet of 991 Lexington Parkway N.. Please haue this item placed on the Council agenda for February 6, 2002. If you have any questions, feel free to contact me at 266-9147. Resolution to follow. I' . Attachments c: file --� --� / i CITY OF SAINT PAUL N"arm Colemun, Mayror 1. Organization or 2. Address: OFFICE OF L[CENSE, INSPECTIONS AND ENVIRONMENTALPROTECT[ON Roge� Cunis, Di�ector LOWRYPROfESSlONAL BU/LDING Sui1e 300 350 SL Pe[er Slreet SaintPaxl, bfirsnesola 5510?-IS/0 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code seeking variance: ��'r�' � ��� �� /,,C' 0�.- IoY Tefephane: 65 /-266-9090 Facsimife: 6�!-?66-9099 651-266-9124 3. Responsible person: � //,,� 4. Title or position: /7?t � �c ; 57 5. Telephone: �� / ) G'/� - ��GG Briefly describe the noise source and equipment , �._ , 7. Address or legal description of noise 8. Noise source time of operation:� 9. BrieflXdescribe the steps that will be �: �.� �% /-> i i. � r e� 10. Briefly state reason for seeking 11. Dates during which the variance is - /�✓/lr� .-��— i to minimize the �ois levels: �l�lt' ,� dl� e � �,., 5 �/' ✓i.�� J/A? � � sted:���,� i.� ;i_�- -,�/,> . d4a� / // Signature of responsible person �;��� �� z � Date � � Return completed Applicatio n�0.00 fee to: CITY OF SAINT PAUL OFFICE OF LIEP 350 ST. PETER STREET, SUITE 300 SAINT PAUL, MN 55102-1510 (651)266-9090 noise� ar.app (kko) Date Rec'd. Reviewed Date Public Notice Sent Referred to Council � A a x N O N 0 n v" o R ^ o N , `° ' .°, � °o oc tnm 0 �O N n � � b' �' � n � (4 � O � x °' � C t? � O � � � N � `< o •o z �� �. � S m �. io a -�° � B m �' a " � 3 a W � d o � 3 � �a � � 7 m N y � _. � � .- -�" � � 0 N C N O � o G � 3 9 O =' � 6 C'� N C 1 N U � rog � o � � � S A ti N 7 a��oH�G A v � e .�'-. A �o .� � 5 � a . T �� A � � e! /'� °�S l � y �e`� ��y W Ve hy S C " p, W a. M T � � 'Zy ��+ C �0 � o � �< = n °' A e 5 w - � •2 0 o�w w i. A .- m A O (] 0 R .°� '. ° c ror?� . y A C � O ~ r y � �„�„ Vo � � � F w N b R � T T . 7 N % 0 � C y � N `' °' A c�n� N [ly C7 �s O � � N C . O O R � O R � m T 5 � � y o � m �. a° � �. d o � � � �s ° c � � M ; � N $ w C R M + M � O ^ w 'o � =� 3 N � � o � � � 7 m � O C m p, �. < � G ' N c N d S � �n C � b C ro a � � N a r° ' �'^ r " < r� y :� t i � t; t q�, ':.3' 3 3 . � �'•..,% i : �. ,` '; a . Presented By Referred To Council FIle # p� � �p � Green Sheet # t o-3 aa�y RESOLUTION ITY OF SAINT PAUL, D'IIl�TNESOTA �� i � Committee: Date 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 WHEREAS, Gabe's By The Park, represented by Tim Weiss, President, who has been designated as the responsible person on the application, has applied for a variance to allow amplified music at 991 North Lexington, on March 15, 16 and 17, 2002, and October 25 and 26, 2002; and WHEREAS, applicant is seeking a variance for the hours of 2:00 p.m. to midnight on each of the above dates; and WHEREAS, if applicant is not granted a variance it will not be able to present the amplified music at Saint Patrick's Day and Halloween celebrations; 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 for March 15, 16 and 17, 2002 and October 25 and 26, 2002 to Gabe's By The Park, subject to the following conditions: 1) The variance shall be for the hours of 2:00 p.m. to midnight on each of the dates. 2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured from the wall opposite the stage. 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring between 2:00 p.m. and midnight on March 15, 15 and 17 and October 1 2 3 4 5 6 7 8 9 10 11 12 13 25 and 26, 2002 to ensure compliance with Condition #2- 4) Al1 electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than midnight on each of the dates. OL- ��Y FURTHER RESOLVED, that any violation of the conditions set forth above on one or more of the dates may result in revocation of the grant of a variance for any of the subsequent dates, in addition to any criminal citation which might issue. Requested by Department of: Llt�r Adoption Certified by Council Secretary Sy: Appr By: � � ; ' ►� -. ,. _i�.� Form Approved by City Att n� / By: i / Approve y Mayo� for i ion t ouncil By: �ti�° � Adopted by Council: Date i�_ b a� d� -T' OFFICE OF LIEP Date: O1/28/2002 GREEN SHEET N 103284 °?� xk R. K3isers8tt 266-9147 1 EPAF2TMENT DIRECIVR 4 i� couxciz ,�,,, 2 xxz aTroxivaz zxr cr.sxx �� ust be on Council Agenda by: �ET Dz��ox xN. � Mcr. svc. nxx. 02�06/2002 3 YOR (OR ASSISTANT) OTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: esolution granting Gabe's By The Park a sound level variance from the sound level limitations contained in Chapter 293.09. EQ�IMIENDATIONS: APPROVE (A) OA AEJECT (R) BRSONAL SBRVIC& CONTRACTS MOST ANSNSR T88 FOLLO[VING: PLANNING COPAfISSION CIVIL SERVICE CO[�4tISSION 1. Has the person/fism ever worked under a contract for this depaztment? CIB COM1MITTEE _ BUSINESS REVIEW COUNCIL yES NO STAFF _ 2. Hdg this person/firm ever been a City employee? D2STRICT COURT _ yES NO 3. Does this person/firm possess a skill not normally possessed by any SUPPORTS WHICH COUNCIL OBSECTIVE? CuriERt City employee? YES NO xplain all Y85 aasrrers on a separate sheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Tim Weiss, representing Gabe's By The Park, has requested a sound level ariance for outdoor amplified music in a parking lot at the establishment located at 991 Lexington Parkway N.. The music is scheduled on March 15, 16, & 17, 2002 from 2:00 p.m. until midnight, and on October 25 & 26, 2002 from 2:00 p.m. until midnight. "`� ��� VANTAGES IF APPROVED: ' ill place conditions that will limit the sound impact on surroua�d�i�ig`� ���� ,3t�3+ t. residential and commercial areas. ISADVANTAGES IF APPROVED: Persons living or working near 991 Lexington Parkway N, will be able to hear the sounds from the outdoor amplified music. ISADVANTAGES IF NOT APPROVED: The sound level impact on surrounding residential and commercial areas could e greater with no conditions. pplicant may not be able to present the music without exceeding the sound level limitations contained in 293.09. TOTAL AMOUNT OF TRANSACTION S 1,250 COST/REVENUE BUDGETED YES NO FUNDING SOURCE 320-33350 ACTIVIT R o.,� s�1 FINANCIAL INFORMATION: (EXPLAIN) �: ��... J�t� � � 20�2 � «.,: �;�`�: <,..:.:•. CITY OF SAINT PAUL Norm Coleman, Mayor January 16, 2002 OFFICE OF LICENSE, INSPECTIONS AND o1 �, OY ENVIIZONMENTAL PROTECTiON Roger Cunis, Diruior LOWRYPROFESSlONALBUbDING Telephone: 65I-266-9090 350 St. Peter Sbeei, Suife 300 Facsimi[e: 651-266-9124 SainlPaul,MinnesoiaSi102-I510 Web: www.cisryau[.mn.us/[iep TO: Nancy Anderson, Council Investigation & Reseazch Room 310, City Hall FROM: Mark Kaisersatt �7� Office of License, Inspecrions and Environmental Protection SUBJECT: Sound Level Variance Amplified Outdoor Music, Gabe's By The Park Attached is a sound level variance application from Tim Weiss, President, Gabe's By The Park, at 991 Lexington Pazkway N. to allow amplified music outdoors in the parking lot located at the restaurant. The first variance is requested from 2:00 pm. to 12:00 midnight on March 15, 16, & 17, 2002 during the St. Patrick's Day celebration; and the second variance is requested from 2:00 pm. to 12:00 midnight on October 25 & 26, 2002, during the Halloween celebration. Also attached is a copy of the Public Hearing Notice sent to property owners within 200 feet of 991 Lexington Parkway N.. Please haue this item placed on the Council agenda for February 6, 2002. If you have any questions, feel free to contact me at 266-9147. Resolution to follow. I' . Attachments c: file --� --� / i CITY OF SAINT PAUL N"arm Colemun, Mayror 1. Organization or 2. Address: OFFICE OF L[CENSE, INSPECTIONS AND ENVIRONMENTALPROTECT[ON Roge� Cunis, Di�ector LOWRYPROfESSlONAL BU/LDING Sui1e 300 350 SL Pe[er Slreet SaintPaxl, bfirsnesola 5510?-IS/0 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code seeking variance: ��'r�' � ��� �� /,,C' 0�.- IoY Tefephane: 65 /-266-9090 Facsimife: 6�!-?66-9099 651-266-9124 3. Responsible person: � //,,� 4. Title or position: /7?t � �c ; 57 5. Telephone: �� / ) G'/� - ��GG Briefly describe the noise source and equipment , �._ , 7. Address or legal description of noise 8. Noise source time of operation:� 9. BrieflXdescribe the steps that will be �: �.� �% /-> i i. � r e� 10. Briefly state reason for seeking 11. Dates during which the variance is - /�✓/lr� .-��— i to minimize the �ois levels: �l�lt' ,� dl� e � �,., 5 �/' ✓i.�� J/A? � � sted:���,� i.� ;i_�- -,�/,> . d4a� / // Signature of responsible person �;��� �� z � Date � � Return completed Applicatio n�0.00 fee to: CITY OF SAINT PAUL OFFICE OF LIEP 350 ST. PETER STREET, SUITE 300 SAINT PAUL, MN 55102-1510 (651)266-9090 noise� ar.app (kko) Date Rec'd. Reviewed Date Public Notice Sent Referred to Council � A a x N O N 0 n v" o R ^ o N , `° ' .°, � °o oc tnm 0 �O N n � � b' �' � n � (4 � O � x °' � C t? � O � � � N � `< o •o z �� �. � S m �. io a -�° � B m �' a " � 3 a W � d o � 3 � �a � � 7 m N y � _. � � .- -�" � � 0 N C N O � o G � 3 9 O =' � 6 C'� N C 1 N U � rog � o � � � S A ti N 7 a��oH�G A v � e .�'-. A �o .� � 5 � a . T �� A � � e! /'� °�S l � y �e`� ��y W Ve hy S C " p, W a. M T � � 'Zy ��+ C �0 � o � �< = n °' A e 5 w - � •2 0 o�w w i. A .- m A O (] 0 R .°� '. ° c ror?� . y A C � O ~ r y � �„�„ Vo � � � F w N b R � T T . 7 N % 0 � C y � N `' °' A c�n� N [ly C7 �s O � � N C . O O R � O R � m T 5 � � y o � m �. a° � �. d o � � � �s ° c � � M ; � N $ w C R M + M � O ^ w 'o � =� 3 N � � o � � � 7 m � O C m p, �. < � G ' N c N d S � �n C � b C ro a � � N a