02-547�����i�l��
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Presented
Referred To
Council Fffe # 07. � 5�'1
Green Sheet # �\3'��S
UL, MINNESOTA
a3
Committee Date
1 WHEREAS, Chapter 293 of the Saint Paul Legislafive Code was enacted to regulate the subject of noise
2 in the City of Saint Paul; and
3 WI�REAS, §293.11 provides for the granting of vatiances from the sound level limitations contained in
4§293.09, upon a fmding by the City Council that full compliance with Chapter 293 would consfitute an
5 unreasonable hardship on an applicant, other persons or on the community; and
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7
L[I]
WHEREAS, Wild Firewater, LLC, d/b/a Wild Tymes, represented by John A. McDonough, owner, who
has been designated as the responsible person on the application, has applied for a variance to allow amplified
guitar music at Wild Tymes, 33 West 7`" Place, on five evenings during the sununer, specifically on June 28, July
6 and 19, and August 4 and 23, 2002; �d
WIIEREAS, applicant is seeking a variance for the hours of 8:00 p.m. to midnight on each of these dates;
11 and
12 WHEREAS, if applicant is not granted a variance it will not be able to have amplified music; and
13 WHEREAS, the Office of License, Inspections and Environmental Protection has reviewed the
14 applicarion and has made recommendations regarded condirions for the variance; now, therefore, be it
15 RESOLVED, that the Council of the City of Saint Paul hereby grants a variance for June 28 and July 6,
16 2002 to, Wild Firewater, LLC, db(a Wild Tymes subject to the following conditions:
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1)
2)
3)
4)
The variance sha11 be for the hours of 8:00 p.m. to midnight and each of the two dates.
All electronically powered equipment used in conjunction with the event shall not exceed 70 dBA
as measured at 50 feet from the noise source.
The applicant shall provide personnel and equipment who shall provide continuous sound level
monitoring beriveen 8:00 p.m. and midnight on each date to ensure compiiance with Condition
#2.
All electronically powered equipment, PA systems, loudspeakers or similaz devices shali be turned
off no later than midnight on each date.
RESOLVED, that staff from the Saint Paul Department of License, Inspection and Environmental
Protection sha11 assess the impact of the event on surrounding residents and report to the City Council at its July
10, 2002 meeting at which tune the Council will consider the application for sound level vaziance for the
remaining three dates.
QRIGI�6AL
o�_sy'1
1 FINALLY RESOLVED, that any violation of the condirions set forth above on June 28 may result in
2 revocation of the grant of a variance for 3uly 6, in addition to any crinunal citation which might issue.
Requested by Depazhnent of:
Benanav �
Blakey ✓
Bostrom �
Coleman
Harris
Lanhy �-
Reiter �
Adopted by Council: Date `
Adoption Certified by Council
By:
App�
By:
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Form Approved by City Attome�
i
BY' �G"�^° .
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Approved by Mayor for Submission to Council
Aw _�LL�'1
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c��co���i 6/13/02 GREEN SHEET No
113715
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TOTAL � OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION RE�UES7FD
Granting a sound ievel variance to Wild Firewater, LLC, dba Wild Tymes (7ohn McDonough, owner)
33 West 7th Place, on June 28 and July 6, 2002, from 8:00 p.m. to midnight.
RECOM ENDATIONApprove(A)orRe�ect(R) GERSONALSERVICECANiRAGfSMUSTANSWERiHEFOLLOWINGQUESTZONS:
t. FiasthisPerso��meverwakedwWeracortrecttorMisdepartment't
PLANNINGCOMMISSION YES NO
CIB COMMITTEE 2. Has Nie persa�firm ever been a dty empbyee9
CMLSERVICECOMMISSION YES NO
3. Does thie PersaNfirm Yo%sess a sldll not nwmeibP�ses�d bY anY curterR citY emPbyee?
YES NO
a lamispe�so�rtamata�aeceavenaorr
res tao
E�ain all yes answers on separete sheet and atlach to reen sheet
INITIATING PROBLEM ISSUE, OPPORTUNITY (VJho, What, VJhen, VJhere, Why)
t
ADVANTAGESIFAPPROVED
DISADVANTAGES IF APPROVED
DISADVANTAGES IF NOTAPPROVED �
TOTAL AMOUNT OF TRANSACTION S COST/REVQlUE BUDGEf W(CIRCLE ON� YES NO
NNDMG SOURCE ACTIVITY NUMBER
FINANGqL INFORMA'f10N (EXPWN)
oa 5��
aa-
May �3', 2002, City Council Action Minutes
, :_ .
.
35. Thud Reading - 02-344 - An ordinance amending the interim ordinance adopted
November 20, 2000 in Council File 01-648 which imposed a moratorium on the
use of property in the area presently under study for the Arcade Street Area Study
pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the
study.
Laid over to June 5 for public hearing Yeas - 7 Nays - 0
36. Third Reading - 02-391 - An ordinance amending Chapter 30 of the Saint Paul
Legislative Code to correct a typographical error and a grammatical error
regarding the regulation of the size and time for displaying temporary election
signs.
Laid over to June 5 for final adoption
37. Resolution - 02-446 - Approving the application of Reverend RobeR Battle,
representing Central Park Ministries, for a sound level variance to allow amplified
music on the church parking lot at 639 Jackson Street from 4:00 p.m. to 8:00 p.m.
on June 21 and 22, 2002.
Adopted Yeas - 6 Nays - 0
38. Resolution - 02-447 - Approving the application of John A. McDonough, owner of
Wild Firewater LLC, dba Wild Tymes, for a sound level variance to allow
amplified acoustic guitar music outside of Wild Tymes at 33 West 7th Place from
7:00 p.m. to 12:00 midnight on June �, 7, °, '^, '�;,z�� 28, � 29; July 6 i-�;
�n �c o_n�. �n ic i�
� 19, ���, and August � 9, ��,; & 23, 2002.
Adopted as amended Yeas - 6 Nays - 0
(Approved dates of June 7& 28, 2002, from 8:00 p.m. to 12:00 Midnight;
balance of dates laid over to June 19)
39. Resolution - 02-232 - Ordering the owner to remove or repair the building at 1118
Central Avenue West within fifteen (15) days from adoption of resolution. (Laid
over from Apri124; to be laid over to June 26) (Legislative Hearing Officer
recommends laying over to the June 3, 2002, Special Legislative Hearing, and
the June 26, 2002, City Council Meeting.)
Laid over to June 25 Yeas - 6 Nays - 0