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03-770Council File # D✓_�`�'� Resolution # creen sheet # 3����OI Presented By Referred To Committee: Date WHEREAS, Chapter 293 of the Saint Paul I,egislative 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 9 WHEREAS, the Irish Fair of Minnesota, represented by Steve Cerkvenik, Executive Director, who has been 10 designated as the responsible person on the application, has applied for a variance to allow live music on the Great 11 Stairs and the Target Stage at Harriet Island; and 12 13 WI�REAS, applicant is seeking a variance for the hours of 5:00 pm. to 11:00 p.m. on August 8, 2003, 14 10:00 a.m. to 11:00 p.m. on August 9, 2003 and 11:00 a.m. to 8:00 p.m. on August 10, 2003; and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 the Irish Fair of Minnesota, subject to the following conditions: 1) The variance shall be for the hours of 5:00 p.m. to 11:00 p.m. on August 8, 2003, 10:00 a.m. to 11:00 p.m. on August 9, 2003 and 11:00 a.m. to 8:00 p.m. on August 10, 2003. 2) All electronically powered equipment used in conjunction with the event on August 8, 2003, August 9, 2003 and August 10, 2003 shall not exceed 100 dBA as measured from the closer of 100 feet or the soundmix. RESOLUTION CITY OF SAINT PAUL, MINNESOTA � � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 �� 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 3 -�toc� 3) The applicant shall provide personnel and equipment who shail provide continuous sound level monitoring on August 8, 9 and 10, 2003. 4) All electronicaliy powered equipment, PA systems, loudspeakers or similaz devices shall be tumed off no later than 11:00 p.m. on August 8, 2003, 11:00 p.m. on August 9, 2003 and 8:00 p.m. on August 10, 2003. FiTRTT�R RESOLVED, that any violation of the conditions set forth above on the August 8, 2003 and/or August 9, 2003 dates may result in revocation of the grant of a variance for the August 9, 2003 and/or August 10, 2003 date, in addition to any criminal citation which might issue. � 03 - 7db � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �p — License/i��spection/EmironProt ! 77JUL-03 Contact Person 8 Phone: Christine Rozek 26Cr9708 Must Be on Council Agenda by (Date): 23-JUL-03 � Assign Number For Routing Order 0 1 2 3 4 5 Total # of Signature Pages _(Ciip All Locations for SignaNre) Green Sheet NO: 3002861 _ icense/lo_spec_fion/En[irgn Pro i Att me a or's O�ce Ma or/Assistaot �OCiI i Clerk Citv Clerk I Approval of a noise Ordinance to allow for Irish music at the Irish Fair of Minnesota, P.O. Box 2966 , Saint Paul, 55102 to ailow outdoor amplified acoustic music on the Cneat Stairs and the Tazget Stage at Hazriet Island Pazk, 157 Water Street West on August 8, 9 and l Oth. Recommendations: Approve (A) or Rejed (R): Planning Commission CIB Committee Civil Service Commission � Personal Service Contracfs Must 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this �person/firm possess a skill not normally possessed by any wrrent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Council action necessary under Chapter 293 of the Saint Paul Legislative Code to a11ow for outdoor aznplified music. Advantapes If Approved: Irish Fair will be allowed to have their event. DisadvarrtapeslfApproved: None. Disadvantages If Not Approved: Irish Fair will not be held. 'otal Amount of Transaction: FundinSt Source: Cost/Revenue Budgeted: Activity Number. Financial Ir�formation: (F�cpiain) 03 - �bo z � ►� T i ` V � � a 0 U F z _ a h � c v U w � .� 0 � .� � c °' � o v � � .� � y �� U � � '� a >� A� `o ,� � � 0 � � N . m y "^ a 0 3 3 s p TU T � U O � m C p ^ F y o �o � O ea = m a h N �Fz � � � � u F v � a o Q O ' '� O d W w�4 � � � a o v � o � s �. .��o L L zL y •3 � � I � c N •� � /r g C � C d 7 ` �a " �l P: � U � o � m �U � 6' (/I y � � o b 0 ° o $ Ueo;; �� � .� x �p.� � E"s U �" CJ °' w y � o �= � �, +`'+ U N C O � n+ i/J l+j F O N i ''�1 N �'O .R � d .�. � � �n'� w a � � � = v � � c�v�' a+ � y � R � O � y L Q E'q F� !u �i O °- C °� �•"j � G. � W 0 a � E a` M �J ' � � a� E ` 0 m = w a d O U � m � y � ag c�'� S o , ci �£� ;�g� N �! � �.^ G 0 d o � x h O � E �.: �v °�' � ° o w mcvy L O O y y N pp � � � F e ma � 0 � o o,� y s � c� ���g� d � r � F � ° � ti � � £� c R�� £ o R y U O O . �a. m 3 E U � O � � O � �-r W 4: r� :� m a M S try � d .� � T 0 v�7 ❑7 w 0 a � 03 -700 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECT[ON Janeen E. Rosas, Directar CITY OF SAINT PAUL Randy C. Kelly, Mayor June 30, 2003 LOWRYPROFESSIONALBUILDING Tekphone: 6il-266-9090 350 St. Peter Streei, Suite 300 Faaimile: 651-266-9I24 SaintPaul, Minnesota 55l02-I510 Web: www.liep.us TO: Mary Erickson, Council Investigation & Research Room 310, City Hall � FROM: Mark Kaisersatt, R.S. ��� Office of License, Inspecfions and Environmental Protection SUBJECT: Sound Level Variance Outdoor Amplified Acousfic Music, Harriet Island Attached is a sound level variance application from Steve Cerkvenik, Executive Director of the Irish Fair of Minnesota, P. O. Box 2966, Saint Paul, 55102, to allow outdoor amplified acoustic music on the Great Stairs and the Target Stage at Harriet Island Park, 157 Water St. West. A variance is requested on August 8, 2003 from 5:00 p.m. to ll:00 p.m., and on August 9, 2003 from 10:00 am. to 11:00 p.m., and on August 10, 2003 from 11:00 a.m. to 8:00 p.m. Enclosed is the copy of the Public Hearing Notice sent to property owners within 200 feet of Harriet Island. Please have this item placed on the Council agenda for July 23, 2003. If you have any questions, feel free to contact me at 266-9147. Resolution to follow. . � Attachments c: file �otanci� �?es�arc� �enier V�.L �? ZOU3 AA-ADA-EEO Employer 03-�bb OFFICE OF LICENSE, INSPECTIONS AND ENV(RONMENTAL PROTECTION Janeen E. Rosos. Director CTTY OF SAINT PAUL Randy C. Kelly, .Nayo� June 30, 2003 Steve Cerkvenik, Executive Director Irish Fair of Minnesota P. 0. Box 2966 Saint Paul, MN 55102 Dear Mr. Cerkvenik: LOP/RYPROFESSIONALBUILDfNG Telep/eane: 651-266-9090 350 Sc Peter Street, Suite 300 FacsimJe: 651-266-9l14 Saint Pau1, Minnesot¢ 55102-I510 Web.� www.liep.us Your application far variance from the noise source limitations as indicated in the St. Paul Noise Ordinance (Chapter 293 of the St. Paul Legislative Code) has been received and is being processed. A public hearing before the City Council will be held on July 23, 2003 at 5:30 p.m., 3rd floor City Hall Council Chambers, at the Saint Paul City HalURamsey County Courthouse, 1 S West Kellogg Boulevazd, Saint Paul, MN 55102. You should be present at the hearing to respond to questions that the City Councit may have. After the public hearing the Council may by resolution grant, deny, or modify the variance request. If you have any questions, please feel free to call me at (651) 266-9147. Yours truly, ��1������ Mark R. Kaisersatt, R.S. Environmental Health Specialist II i' . c: fi1e AA-ALIA-EEO Employer Jun 24 03 08:z6a Cit� of St Paul LIEP 651 2984196 p.2 D 3 - �b0 6EF[CE OFLiCENSE.INSPECiIONS AND EN�IRORMENThL PItOTEGTJOk Janeca E. $ous. D3r¢rar � C1TY OF SAINT Pt1UL LOWRYPROFESSlOXALBUfLDiVG Trleytreec 651-1f6-9090 RandyC.%Xp.MaYor 3305aPetuSVect,SuYC3RB £aaa.b: 65]-36d-912d Sufa�Pav{ Miwceram SS/01-f510 A'�b: vwv.cisrpuxLncas�Lep Application for Sound Level Varianee City of Saint Paul Noise Ordmance Chapter 293 of the Samf Faul Leguiafive Code ]. Organuati or pe son seeir,ng variance: �.� 2. Address: � � 3. R�povsible person: 4. Title or position: 5. Telephone: t(D Ti 1�(�'"' Q�� 6. Briefly descd6e the noise source and equipmeni � (�R� 7. Address or legal descripGon of noise $. Noise source time of Y iD-��- ( Iln�,-g;�, Signa#ure otrespons`431e person Date J � �p�, �'S� �� �' �����!���� � . - . , � . � � � � - � �ELTIti,L�'�� �ii�l/l �un Z4 03 08:Z6a City of St Paul LIEP Return completed Applicatioa and $150.00 fee to: CITY dF' SAAVT PAUL OFFICE OF LIEP 354 ST. PETER STREET, SUITE 30Q SAPi iT PAUL, R'IIV 55102-I510 (551) 266-4090 651 2984196 p_3 D3-1bd Office Use Oniy Date Rec'd. Revia.rEd Date Public Notice Sent Referred to Cwncil misme.ayp Acizd2n0o3 AA-AQA-EEO Employtt LIEP RECEIPT Date: 06/26/2003 Reeeived From: IRISH FAIR OF MINNESOTA dba: STEVE CERKVENIK PO BOX 2966 ST PAUI MN 55102 Description: Imoice Dehails 356486 Noise Variance TOTAL AMOUNT PAID: Paid By: Type � Check # � Received Date � Amount Irnoice Amount $150.00 �3 -?� C1TY OF SAINT PAUL Office af License. Inspec�ons and EnvimnmenTal Protection 350 SL Pe�er SI. Swte 3W Sant PaW, Minnzsola 5510245'10 (65t)265-5090 Fan: (651)2668126 www.ci.stpaul.mn.us�liep Amount Paid $150.00 $150.00 Page 1 of 1 Council File # ���{Q Green Sheet # 3004431 OF Presented Referred To Date BE IT RESOLVED, that the Councii of the City of Saint Paul hereby certifies and approves the August 12, 2003, decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices, and Correcrion Orders for the following addresses: Propertv Appealed Anpellant 976 Osceola Avenue Kim Ann Harlrness Decision: Refund the $25 appeal application fee as the owner cancelled the appeal. 1030 Case Avenue Steven Jansen Decision: Appeal demed on the Vacant Building Registrarion Notice dated July 23, 2003. 1054 Blair Avenue Karen Cynthia Fashaw Decision: Changing the correction date to November 20, 2003, on the Correction Notice dated Ju1y 8, 2003. Yeas Nays Absent Benanav ;/ Biakey ,/ Bostrom ,/ Coleman ✓ Hanis � Lantry ,� Reiter � 0 a RESOLUTION NT PAUL, MINNESOTA I i, Requested by DeparhnentoE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Adopted by Council: Date �uGi�6 0?� �O�J3 CS3�"1� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Departmentloffice/council: Date Initiated: � -�w�il ZaA�� Green Sheet NO: 3004431 CoMaet Person & Phone: Deoartrnent Sent To Person Initial/Date Marcia Mcertnond � 0 ouncii i 2 ��� Assign 1 I 1 Must Be on Council Agenda by (Date): Number 2 I 27-AUG-03 For 3 Routing Order 4 5 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the August 12, 2003, decisions of the Legislarive Heariug Officer on Appeals of I,etter of Deficiency, Cosecrion Nouces, and Correction Orders on ffie following addresses: 1054 Blair Avenue, 1030 Case Avenue, and 976 Osceola Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission t. Has this'person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any , current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantapes If Approved: DisadvanWges If Approved: , DisadvanWqes If NotApproved: Total Amount of CwtlRevenue Budgeted: Trensaction: Fundinp Source: Activity Number: Financial Information: (F�cplain) ��--��� 1 lQ. NOTES OF THE LEGISLATIVE HEARING LETTERS OF DEFICIENCY, CORRECTION NOTICES, CORRECTION ORDERS Tuesday, August 12, 2003 Room 330 City Hall, 15 West Kellogg Boulevard Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 131 p.m STAFF PRESENT': Steve Magner, Code Enforcement 976 Osceola Avenue Marcia Moermond stated the $25 applicarion fee should be refunded as the owner cancelled the appeal on the Inspection Report dated July 25, 2003. 1030 Case Avenue Sheila and Steven Jansen, owners, appeared. Mr. Jansen stated they were kicked out of their house. There was nothing life threatening that would cause them to be kicked out. The first list of demands was smoke detectors, handrails on the stairs, and outlets in the bathroom. He was told to put those in and they could be let back into the house. He did what they wanted. He talked to Code Enforcement the next day, and he was told this issue was turned over to LIEP (Office of License, Inspections, Environmental Protection). Code Enforcement did not tell them, said Mr. Jansen, that when they paid $125 for an inspection, they were declaring it as a vacant house and giving up their grandfather rights, which gives the City power to cite things like vents in the washtub. He was told it would be $3,00� to install a vent. Mr. Jansen stated he does not know if Code Enforcement had the right to kick them out of his house. A detective came in to serve an arrest and search warrant on him. The people who did the search warrant trashed the house and locked the front door. Then, they called Code Enforcement. Mr. Jansen was given a list of things that were life threatening. Even the people that he talked to in Code Enforcement said he is nitpicking. The water and electricity works. There are tons of tools, camping gear, junk, but there is no gazbage, waste, fleas, bugs. It is a clean house except for a little clutter. They have been living in their vehicle and allowed a few hours a day to work on the property. These are not life threatening issues. He does not understand why he is being kept out of his house. Steve Magner reported that on July 3, an inspection was conducted. According to the notes, there was consent. The items listed on the July 3 Notice of Condemnation as Unfit far Human Habitation and Order to Vacate indicate there are a number of items in the dwelling that consfituted the conditions as listed. Primarily, there is a fire hazazd, lack of smoke detectors, defective stairs, deteriorated walls, foundation that is deteriorated. He is not awaze of the conversations between the appellant and others as to "you do this and we will let you back into the house °' The standard procedure is there should be "principal violations" and "other violations." This condemnation form does not have the "other violations" listed properly. When all the principal violations are completed, Code Enforcement will lift the condemnation and allow reoccupancy of the dwelling. All these items--excluding buiiding numbers, exterior sanitation, garage--would be principal c��3= �� o NOTES OF THE LEGISLATIVE HEARING OF AUGUST 12, 2003 Page 2 violations and would fall under the requirement of being completed if a pernut was needed. This issue was transferred to Vacant Buildings. It was made a Category 2 because it is a condemned dwelling, and it would need a code compliance inspection. The appellant applied for a Code Compliance Inspection, had it done, and the City has gone through and formulated a list of every item that needs to be completed. Per Legislative Code, these items have to be completed before the City will allow occupancy. As a staudazd practice, if there aze some issues where significant compliance has come forth and there aze remaining accessory items—such as painting the gazage the certificate would be issued under the condition that accessory items would be repaired within a set time frame. Jun Seeger's (LIEP) funcrion is to obtain enforcement and to ensure the work is done at a tradesman level. Code Enforcement enforces the ordinances. Ms. Moermond stated Mr. 7ansen is reaily appealing the Notice of Condemnation dated July 3, but the appeal time for that was within ten days of receiving it, i.e. by July 13. Mr. Jansen responded he thought it would be quicker to do the work. He put the smoke detectors in and had the electrician come out. He asked who gave them permission to enter his house. Ms. Moermond responded Inspector Lisa Martin would have entered the house. Ms. Moerxnond does not know what happened when the warrant was served. Mr. Jansen stated the first thing the cop told him when he entered the house was "I'm going to make you lose your house." This cop messes up a person's house, calls Code Enfarcement, and says it is a fire hazard. Animal feces is listed on the report, but his cats use the litter box. He has a pond outside. He has a car legally parked on asphalt and fresh gravel. His garage needs wark. He did everything he was asked to do to get into the house. There was one hole inside of a bedroom. There was a little bit of flaking paint at the top of the stairs. The whole house was not in need of a paint job, but it was done to please Code Enforcement. Mr. Jansen is looking for a third party or a referee between what he is doing and what they aze doing. He is concerned that he wiil put thousands of dollars in his house and then the City will tear it down. He has seen this done before. He is tired of sleeping in the caz and other people's houses. There is nothing he sees that should keep him out of his house. Ms. Moermond stated there is a couple of ways out of this. She asked have inspectors been out to look at what he has done. Mr. Jansen responded it is difficult to get a hold of Mr. Seeger because he has to leave a number for Mr. Seeger to call later. He told him to fix the handrails, but all the stuff was taken care of before Mr. Seeger was involved in it. The foundation was crumbling a little, but Mr. Jansen took care of a11 that. This issue has put four adults out onto the street. They are a close family, and this is putting a strain on everyone. Ms. Moermond asked has the City been out to check on repairs. Mr. Magner responded his office has not been back to reinspect. Once it is a vacant building, the code compliance inspection is required. Ms. Moermond asked was the police officer associated with Code Enfarcement. Mr. Jansen responded he was a detective for burglary. The house was not a mess. When they came through, they piled everything in front of the door and calied it a fire hazard. The basement is full of tools. It was very unorganized. His basement is clean now. o�= t�o NOTES OF THE LEGISLATIVE HEARING OF AUGUST 12, 2003 Page 3 Ms. Moermond stated the detective made a detemunation and said he needed Code Enforcement counsel on this because he sees conditions. Whether the inspector is doing this to bother Mr. Jansen is ixnknown, but the inspector identified things that she thought constituted condirions for a condemnafion. The house got categorized at #2. Ms. Moermond is concerned that the owners do not have someplace to be right now. She asked do they have legal representation. Mr. Jansen responded that a legal aide said there is nothing they can do for them. To show what they were dealing with, said Mr. Jansen, this detective hauled him away, but left his son in handcuffs for three hours without water and without using the bathroom. They brought in Animal Control who told his son that they are taking the cats and putting them in foster caze, even though his wife was coming home at 5:00. Animal Control told him to sign the papers. When his son said he needed to read them, they just told him to sign them. They hauled the cats away with the kittens, and had them killed. His cats were killed before he was booked, said Mr. Jansen. They used the litter box and had no fleas. He has lots of stuff in his yazd: work bench, bags of dirt, flower pots. He works on cazs, so he had a radiatar and cars, but they are gone. Regazding the Notice of Condemnation dated July 3, he has not finished painfing the exterior wa11s, the roof is not done yet, the gazage is not done but he wants to replace it, and there are no missing windows. As for the July 28 inspection report, said Mr. Jansen, he paid $79 for a gas man to evaluate the system. The whole gas system has to be rerouted. Otherwise, everything Jim Seeger told him to fix to get back in his house has been done. Ms. Moermond responded the items in the condemnation still have not been done. Some of the items repeat again in the July 28 inspection report. An inspector needs to confirm they have been done. The July 28 inspection report cannot be appealed as it is not an order. What can be appealed is whether he should have a registered vacant building. It sounds like it is vacant. She is concerned about some of the behauiors and some things he was told. He should contact the Mayor or the Chief of Police. Ms. Moermond cannot deal with that in this forum; however, she can extend the deadline to pay the vacant building fee. Mr. Magner stated his office would not have a problem in holding enforcement of the registration fee for thirty days. Mr. Jansen asked what he has to do to get back in. Ms. Moermond responded it is clear he has to do the items on the July 28 inspection report. According to the City code, everything has to be done before he goes back in. Sometimes, Code Enforcement can be flexible if the major things are done. Ms. Moermond asked have they sat down with Code Enforcement to talk about the Code Compliance Inspection report. Mr. Magner responded he is not awaze of it. The owner could tackle some of these items himseif. For exasnple, the owner could have worked on Item 10, "Remove trees from azound foundation of house." Mr. Magner has dealt with thousands of individuals who have had to complete lists like this. Some people in his same situation who have had no money were able to complete these lists. The City is not in the business of tearing property down if people are actively working on it. Not repairing anything and not even taking the effort to cut trees down, does not show effort. The City is paying Mr. Magner to enforce the ordinances. If something is going to be costly, the owner should get three estimates, and go to the local community development corporation to see if there is a contractor to do these things and see if they o�=1�U NOTES OF "I'I-IE LBGISLATIVE HEARING OF AUGUST 12, 2003 Page 4 have money to provide tluough loans or grants. Mr. Jansen can also go to Dayton's Bluff Neighborhood Housing. Ms. Moermond stated that working on the life safety items first is the smart thing to do. Mr. Jansen stated he does not want to lose his grandfather rights. The vent for the washer would not have occurred because of grandfather rights. If they take away the grandfather rights, a person has to do thousands of dollazs worth of stuff to bring the house up to code. Ms. Moermond responded this is not the same level of code as if they had a new house. Ms. Moermond denied the appeal on the Vacant Building Registration Notice dated July 23, 2003, citing that the owner needs to register this property as a vacant building. She also suggested that the owner meet with Code Enforcement to wark with them on the list. Ms. Moermond explained to Mr. Jansen the various offices he should contact regazding his interactions with City inspection staff: 1054 Blair Avenue Marcia Moermond reported there is a Correction Notice to paint the garage and have numbers put on the garage. Steve Magner stated he does not haue a file and was not planning to represent this. Because the owner did not show up within the first 15 minutes of this hearing, the inspector was not called. Karen Cynthia Fashaw, owner, appeazed and stated the for-sale sign is going up this week. Part of the price of the house has been knocked down because it needs a new gazage. There is a program in her neighborhood that is matching up to $5,000 for new garages. That will be a benefit for the nextperson. Ms. Moermond asked how long the Realtor will be marketing. Ms. Fashaw responded that he will be her Realtor until it selis. The house numbers aze on there now. She thinks it will sell as soon as she gets the sign up. Ms. Moermond stated the garage is suppose to be scraped and painted by August 20. She will grant an extension of 90 days to fix the garage. That will give Code Enforcement time to figure out what the new person will be doing. She suggested that Ms. Fashaw inform the Realtor that there is a Correction Notice on this property with a 90 day extension. Ms. Moermond recommends changing the correction date to November 20, 2003, on the Conection Notice dated July 8, 2003. Mr. Magner added that the owner should contact Ed Smith, inspector, prior to November ZO if she has not closed the transaction. The heazing was adjourned at 237 p.m. rrn