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02-163Council File # O 1- �(s3 - . � i - Crreen Sheet # 1 O 3'� �'fj � Presented By Refened To 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, Kelly�s Depot Bar, represented by Richard Kelly, CEO, who has been designated as the responsible person on the application, has applied for a variance to allow live music at 241 East Kellogg Boulevard, on March 15 and 16 , 2002; and WHEREAS, applicant is seeking a variance for the hours of 8:00 p.m. to midnight on Friday, March 15, 2002 and from 2:00 p.m. to midnight on Saturday, March 16, 2002; and WHEREAS, if applicant is not granted a variance it will not be able to present the live music at its Saint Patrick's Day celebration; 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 and 16, 2002 to Ke11y's Depot Bar, subject to the following conditions: 1) The variance shall be for the hours of 8:00 p.m, to midnight on Friday, March 15, 2002 and from 2:00 p.m. to midnight on Saturday, March 16, 2002. 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 8:00 p.m. and i 2 3 4 5 6 7 8 9 10 il 12 13 14 midnight on March 15, and between 2:00 p.m. and midnight on March 16, 2002 to ensure compliance with Condition #2. 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than midnight on each of the dates. � e�- - �fe'1 FURTHER RESOLVED, that any violation of the conditions set forth above on March 15, 2002 may result in revocation of the grant of a variance for March 16, 2002, in addition to any criminal citation which might issue. � � .��. � ,-� � . ' ' E ¢ s` ;_` i � , '� ? �e �f..>' i� i a_.� i 3 d"�a E Adopted by Council: Date � e�n ,�r'1 � ac� p� Adoption Certified by Council Secretary Requested by Department of: �IL:� �;>„ � .i . � �, OFFICE oF LIEP Date: 02/04/2002 GRE EN S HE E T N 103327 � rk R. Itaisersatt 266-9147 1 EPxxTMENT Dlx�cr°x 4 zxr w�cxz 2 ITY ATTORNEY ZTY CLERK x�crw uSt be on COUriCil Ag2nda by: '°"'° �Ex �xxa�roa IN. & MGT. SVC DIR. 02/27/2002 �� 3 zox cox asszsxr,arr> OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: esolution granting Kelly's Depot Bar a sound level variance from the sound level limitations contained in Chapter 293.09. ECO[+QdENDATI0N5: APPROVE (A) OR REJECT (R) BRSONAL 58RVIC8 CONTRACTS MRST ANSSVSR THB FOLLO[PING: �lAl.*v'NG WMM?SSION "..L SeR'JI^E ^_OPf^?L S:ON 1 Has the person/firm ever worked under a contrac[ for this department? CIB COMMITTEE Bi15INES5 REVIEW COUNCIL YES NO S'rr+FF _ 2. Has this person/fizm ever been a City employee? DISTRICT COURT _ YES NO 3. Does this person/fixm possess a skill not normally possessed by any SUPPORTS WHICH COUNCIL OBJECTIVE? Cuzxent City employee? YES NO lain all YES anawera on a separate sheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Kelly�s Depot Bar has requested a sound level variance for a 4 piece band laying music inside a closed tent at 241 Kellogg Blvd. E. The music is scheduled on March 15, 2002 from 8:00 p.m. to midnight, and on March 16, 2002 from 2:00 p.m. to midnight. DVANTAGES IF APPROVED: ill place conditions that will limit the sound impact on surrounding residential and commercial areas. ISADVANTAGES IF APPROVED: Persons living or working near 241 Kellogg Blvd. E. will be able to hear the usic from the band. DISADVANTAGES 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 live music without exceeding the sound level limitations contained in 293.09. TOTAL AMOUNT OF TFtANSACTION S 400 COST/REVENUE BUDGETED YES NO FUNDING SOURCE 320-33350 ACTIVITY NUMBER 0141 FINANCIAL INFORMATION: (EXPLAIN) ���� �� �a�� For staf£ monitoring and overtime. FE � g i � OFFICE OF LICENSE, INSPECT[ONS AND ENVIRONMENTAL PROTECTION DZ� Roger Curtis, Director CITY OF SAINT PAUL Norm Colemnm, Mnyor January 31, 2002 TO FROM: SUBJECT LOP✓RYPROFESSIONALBUILDING Telephorse: 651-266-9090 350 St Peter Street, Suite 300 Facsimile: 651-266-9124 SainiPau(Minrtesoia55l02-I510 Web: �mnv.cistpaul.mn.us/[iep Nancy Anderson, Council Investigation & Research Room 310, City Hall Mark Kaisersatt ��� Office of License, Inspections and Environmental Protection Sound Level Variance Live Music, Kelly's Depot Bar Attached is a sound level variance application from Richard Kelly, CEO of Kelly's Depot Bar, 241 Kellogg Blvd. E., to allow live music by a 4 piece band inside a closed tent at the establishment. A variance is requested from 8:00 p.m. to midnight on March 15, 2002 and from 2:00 p.m. to midnight on March 16, 2002, during the St. Patricks Day celebration. Also attached is a copy of the Public Hearing Notice sent to property owners within 200 feet of 241 Kellogg Blvd. E. Please have this item placed on the Council agenda for February 27, 2002. If you have any questions, feel free to contact me at 266-9147. Resolution to follow. MRK/ko Attachments c: file �QC� �3�°��Ch c'�i8P:�2Y � �� � L L�U� OPFICE OF UCENSE, INSPECTlONS AND ENVIRONMENTALPROTLCTION Roge� Curtis. Diretmr CITY OF SAINT PAUL Norm Co(emnn, b1n�'or JAN 2 81(�Oi LOfVRYPROFESS/ONdL BUILDING S«ite 300 350 St Peter Sveet Sain� Pai<l, 6finrtesata 55102-/510 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code 1. Organization or person 2. Address: 3. Responsible person:_ 4. Title or position:_ 5. Teleohone: C_� 6. Briefly describe the noise source and equipment 7. Address or legal description of noise source: 0 2�{/ �/1���G��i �' _ ___ _ 8. Noise source time ofoperation: �t'i /YICCI^ /`i R�,�m —/Z�rn �i� /Y��ir JL� .2�m - 123.� 9. Briefly describe the steps that will Ue taken to minimize the noise levels: lJ�C /�d rt¢� u� i/� �J� i ar� irl� � clo s��P T�rrf 10. Briefly state reason for seekin� vari �� ��`7 Telephone: 65/-266-9090 Facsimi[e: 65 /-166-9099 651-266-9124 11. Dates during which the variance is requested: ,�/iS /O ;2 � 3�i L�,�� �-' Signature of responsible person Date /'�� ' �°� Return completed Applicatio and $150.00 fee CITY OF SAINT PAUL OFFICE OF LIEP 350 ST. PETER STREET, SUITE 300 SAINT PAUL, MN 55102-1510 (651)266-9090 nuilc� ar.app (k6o) variance; Office Use Only Dare Rec'd. Revie�ved Date Public Notice Sent Referzed to Council _ ��.�,5��, _ , �z�Jo2� NOTICE OF PUBLIC HEARING � _��,' St. Paul Property Owner: This is to inform you of a request for a vaziance from the sound level limitahons as indicated in the St. Pau] Noise Ordinance (Chapter 293 of the St. Paul Legislative Code). A public hearing before the Ciry Council on this variance request wil] be held on: Date: Febmary 27, 2002 Time: 530 p.m. Location: 3rd floor, City Hall Council Chambers Witlun fifteen (15) days of the mailing date on tlus notice, written comments or objections may be filed with the: City of St. Paul, Office of License, Inspecrions and Enrironmental Protecrion, 350 St. Peter Street, Suite 300, Saint Paul, Minnesota 55102-1510. Description of Vaziance: Nmse Source: Kelly's Depot Bar has requested a sound level vanance for live music by a 4 p�ece band. The music will be played from 8:00 p.m. to midnigM on March 15, 2002 and from 2:00 p.m. to midnight on March 16, 2002. Locarion: Inside a closed tent, 241 Kellogg Blvd E. If you have any questions, piease feel free to call Mazk Kaisersatt, (651) 266-9147. (Mailed 2/xx/2002) Council File # O 1- �(s3 - . � i - Crreen Sheet # 1 O 3'� �'fj � Presented By Refened To 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, Kelly�s Depot Bar, represented by Richard Kelly, CEO, who has been designated as the responsible person on the application, has applied for a variance to allow live music at 241 East Kellogg Boulevard, on March 15 and 16 , 2002; and WHEREAS, applicant is seeking a variance for the hours of 8:00 p.m. to midnight on Friday, March 15, 2002 and from 2:00 p.m. to midnight on Saturday, March 16, 2002; and WHEREAS, if applicant is not granted a variance it will not be able to present the live music at its Saint Patrick's Day celebration; 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 and 16, 2002 to Ke11y's Depot Bar, subject to the following conditions: 1) The variance shall be for the hours of 8:00 p.m, to midnight on Friday, March 15, 2002 and from 2:00 p.m. to midnight on Saturday, March 16, 2002. 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 8:00 p.m. and i 2 3 4 5 6 7 8 9 10 il 12 13 14 midnight on March 15, and between 2:00 p.m. and midnight on March 16, 2002 to ensure compliance with Condition #2. 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than midnight on each of the dates. � e�- - �fe'1 FURTHER RESOLVED, that any violation of the conditions set forth above on March 15, 2002 may result in revocation of the grant of a variance for March 16, 2002, in addition to any criminal citation which might issue. � � .��. � ,-� � . ' ' E ¢ s` ;_` i � , '� ? �e �f..>' i� i a_.� i 3 d"�a E Adopted by Council: Date � e�n ,�r'1 � ac� p� Adoption Certified by Council Secretary Requested by Department of: �IL:� �;>„ � .i . � �, OFFICE oF LIEP Date: 02/04/2002 GRE EN S HE E T N 103327 � rk R. Itaisersatt 266-9147 1 EPxxTMENT Dlx�cr°x 4 zxr w�cxz 2 ITY ATTORNEY ZTY CLERK x�crw uSt be on COUriCil Ag2nda by: '°"'° �Ex �xxa�roa IN. & MGT. SVC DIR. 02/27/2002 �� 3 zox cox asszsxr,arr> OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: esolution granting Kelly's Depot Bar a sound level variance from the sound level limitations contained in Chapter 293.09. ECO[+QdENDATI0N5: APPROVE (A) OR REJECT (R) BRSONAL 58RVIC8 CONTRACTS MRST ANSSVSR THB FOLLO[PING: �lAl.*v'NG WMM?SSION "..L SeR'JI^E ^_OPf^?L S:ON 1 Has the person/firm ever worked under a contrac[ for this department? CIB COMMITTEE Bi15INES5 REVIEW COUNCIL YES NO S'rr+FF _ 2. Has this person/fizm ever been a City employee? DISTRICT COURT _ YES NO 3. Does this person/fixm possess a skill not normally possessed by any SUPPORTS WHICH COUNCIL OBJECTIVE? Cuzxent City employee? YES NO lain all YES anawera on a separate sheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Kelly�s Depot Bar has requested a sound level variance for a 4 piece band laying music inside a closed tent at 241 Kellogg Blvd. E. The music is scheduled on March 15, 2002 from 8:00 p.m. to midnight, and on March 16, 2002 from 2:00 p.m. to midnight. DVANTAGES IF APPROVED: ill place conditions that will limit the sound impact on surrounding residential and commercial areas. ISADVANTAGES IF APPROVED: Persons living or working near 241 Kellogg Blvd. E. will be able to hear the usic from the band. DISADVANTAGES 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 live music without exceeding the sound level limitations contained in 293.09. TOTAL AMOUNT OF TFtANSACTION S 400 COST/REVENUE BUDGETED YES NO FUNDING SOURCE 320-33350 ACTIVITY NUMBER 0141 FINANCIAL INFORMATION: (EXPLAIN) ���� �� �a�� For staf£ monitoring and overtime. FE � g i � OFFICE OF LICENSE, INSPECT[ONS AND ENVIRONMENTAL PROTECTION DZ� Roger Curtis, Director CITY OF SAINT PAUL Norm Colemnm, Mnyor January 31, 2002 TO FROM: SUBJECT LOP✓RYPROFESSIONALBUILDING Telephorse: 651-266-9090 350 St Peter Street, Suite 300 Facsimile: 651-266-9124 SainiPau(Minrtesoia55l02-I510 Web: �mnv.cistpaul.mn.us/[iep Nancy Anderson, Council Investigation & Research Room 310, City Hall Mark Kaisersatt ��� Office of License, Inspections and Environmental Protection Sound Level Variance Live Music, Kelly's Depot Bar Attached is a sound level variance application from Richard Kelly, CEO of Kelly's Depot Bar, 241 Kellogg Blvd. E., to allow live music by a 4 piece band inside a closed tent at the establishment. A variance is requested from 8:00 p.m. to midnight on March 15, 2002 and from 2:00 p.m. to midnight on March 16, 2002, during the St. Patricks Day celebration. Also attached is a copy of the Public Hearing Notice sent to property owners within 200 feet of 241 Kellogg Blvd. E. Please have this item placed on the Council agenda for February 27, 2002. If you have any questions, feel free to contact me at 266-9147. Resolution to follow. MRK/ko Attachments c: file �QC� �3�°��Ch c'�i8P:�2Y � �� � L L�U� OPFICE OF UCENSE, INSPECTlONS AND ENVIRONMENTALPROTLCTION Roge� Curtis. Diretmr CITY OF SAINT PAUL Norm Co(emnn, b1n�'or JAN 2 81(�Oi LOfVRYPROFESS/ONdL BUILDING S«ite 300 350 St Peter Sveet Sain� Pai<l, 6finrtesata 55102-/510 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code 1. Organization or person 2. Address: 3. Responsible person:_ 4. Title or position:_ 5. Teleohone: C_� 6. Briefly describe the noise source and equipment 7. Address or legal description of noise source: 0 2�{/ �/1���G��i �' _ ___ _ 8. Noise source time ofoperation: �t'i /YICCI^ /`i R�,�m —/Z�rn �i� /Y��ir JL� .2�m - 123.� 9. Briefly describe the steps that will Ue taken to minimize the noise levels: lJ�C /�d rt¢� u� i/� �J� i ar� irl� � clo s��P T�rrf 10. Briefly state reason for seekin� vari �� ��`7 Telephone: 65/-266-9090 Facsimi[e: 65 /-166-9099 651-266-9124 11. Dates during which the variance is requested: ,�/iS /O ;2 � 3�i L�,�� �-' Signature of responsible person Date /'�� ' �°� Return completed Applicatio and $150.00 fee CITY OF SAINT PAUL OFFICE OF LIEP 350 ST. PETER STREET, SUITE 300 SAINT PAUL, MN 55102-1510 (651)266-9090 nuilc� ar.app (k6o) variance; Office Use Only Dare Rec'd. Revie�ved Date Public Notice Sent Referzed to Council _ ��.�,5��, _ , �z�Jo2� NOTICE OF PUBLIC HEARING � _��,' St. Paul Property Owner: This is to inform you of a request for a vaziance from the sound level limitahons as indicated in the St. Pau] Noise Ordinance (Chapter 293 of the St. Paul Legislative Code). A public hearing before the Ciry Council on this variance request wil] be held on: Date: Febmary 27, 2002 Time: 530 p.m. Location: 3rd floor, City Hall Council Chambers Witlun fifteen (15) days of the mailing date on tlus notice, written comments or objections may be filed with the: City of St. Paul, Office of License, Inspecrions and Enrironmental Protecrion, 350 St. Peter Street, Suite 300, Saint Paul, Minnesota 55102-1510. Description of Vaziance: Nmse Source: Kelly's Depot Bar has requested a sound level vanance for live music by a 4 p�ece band. The music will be played from 8:00 p.m. to midnigM on March 15, 2002 and from 2:00 p.m. to midnight on March 16, 2002. Locarion: Inside a closed tent, 241 Kellogg Blvd E. If you have any questions, piease feel free to call Mazk Kaisersatt, (651) 266-9147. (Mailed 2/xx/2002)