03-780Council File # 03-`►g0
Resolution #
Green Sheet # 3� J a�
RESOLUTION
Presented By
Referred To
� C TY OF SAINT PAUL, MINNESOTA
��✓ ' ""
35
Committee: Date
2 WFIEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in
3 the City of Saint Paul; and
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5 WHEREAS, §293.11 provides for the granting of variances from the sound level limitafions contained in
6 §293.09, upon a finding by the City Council that full compliance with Chapter 293 would constitute an
7 unreasonable hardship on an applicant, other persons or on the community; and
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WHEREAS, Schwietz Saloon, represented by Steven and Maureen Mariano, owners, who ha�e been
designated as the responsible persons on the applicarion, haue applied for a variance to allow live music at 956
Payne Avenue, on September 11, 12 and 13, 2003; and
WHEREAS, applicant is seeking a variance for the hours of 830 p.m. to 12:30 a.m. on September 11, 12
and 13, 2003; and
WHEREAS, if applicant is not granted a variance it will not be able to present live music under its big top
ten� during Harvesf Fesrival; and
WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application
and has made recommendations regarding conditions far the variance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Schwietz Saloon, subject
to the following conditions:
1) The variance shall be for the hours of 8:30 p.m. to 1230 a.m. on September 11, 12
and 13 , 2003.
2) All electronically powered equipment used in conjunction with the event shall not
exceed 90 dBA from 830 p.m. until midnight on each of the dates and shall not
exceed 85 dBA from midnight until 1230 am. on each of the dates. Measurement of
the sound level shall be performed at a distance between one to five feet south of the
curbing on the south side of Case Avenue by the entrance to the tent.
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3) The applicant shall provide personnel and equipment who shall provide continuous
sound level monitoring between 830 p.m. and 12:30 a.m. on the three dates to ensure
compliance with Condition #2.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices
shall be riuned off no later than 12:30 a.m. on September 11, 12 and 13, 2003.
FURTHER RESOLVED, that any violation of the conditions set forth above on the September 11 and/or
September 12, 2003 dates may result in revocation of the grant of a variance for the September 12 and/or September
13 2003, date, in addition to any criminal citation which might issue.
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
� DepartrnenNoffiee/wuncil: Date Initiated:
�p — License�iusPecuon�a�voorloc 2SJUL-03 Green Sheet NO: 3003262
Cordact Person 8 Phone: Denarhnent SeM To Person InitiallDate
VirginiaPalmer � 0 iceose/I s fion/EnvironPro
Z ���� Assign 1 icenselies cdon/EnvironPro De artmentDirector
Must Be on Council Agenda by (Date): Number 2 ' Atto e
27-AUG-03 For
RoUting 3 a or's Otiice Ma or/ istant
Order 4 ouncil
5 i Cler i Clerk
Totai # of Signature Pages _(Clip All Locadons for Signature)
Action Requested:
Approval of a noise resolution to allow for live music under a big top tent at Schwietz's Saloon located at 956 Payne Avenue in
conjunction with Harvest Festival on September 11, 12, and 13, 2003.
Recomme�dations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: I
Planning Commission 1. Has this.person/firtn ever worked under a contrad for this department?
CIB Committee Yes No ,
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current ciry empioyee?
Yes No
E�cplain all yes answers on separate sheet and attach to green sheet �
Initiatlng Problem, Issues, Opportunity (Who, Whak When, Where, Why): I
Council action necessary under Chapter 293 of the Saint Paul Legislative Code to allow for outdoor amplified music.
Advantages If Approved: �
Schwietz's Saloon will be able to hold their event.
DisadvafMapes If Approved: �
None.
Disadvantages If Not Approved:
Schwietz's Saloon will not be able to hold their event.
Totai qmount of . �
Transaction: �ostlRevenue Budgeted:
Fundinp Source: Activity Number: -
Financial Information:
(Explai�)
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CITY OF SAINT PAUL
RanAy C. Ke!!y, Mnyar
1. Organization or person
2. Address: 95b
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
OFF[CE OF LICENSE, INSPECTIONS AND O �� ��
ENVIRONMENTAL PROTECTION
Janeen E. Rosas, Director
LOWRYPROFESS/ONAL 6U/LDMG Te[epl:ane: 65l-266-9090
350St.PeterStreet.Suite300 Facsimi[e: bi/-266-91Z4
SaintPaul,Minnesota5J102-/SPo Web: www.cistp¢ul.mn.us/liep
variance: �Gilftili e�2— �60l�
3. Responsible person: �Lir • /�er� B� iu�-r�an n �' S�"e-�r�i� �f�/l a-✓ian v
4. Title or position: �l.J/1�2 /'s
5. Telephone: (Gsr ) 7'7�— ���0
6. Briefly describe the noise source and equipment involved: � r� e Gloac�s �n�(ed '%�'/ 7�n7'
. cc�,�,Y�l� }7�,� �'�sr�l/�G� . �/e�� oeure.✓.�� .R�fls-."t��nfi,.. s � s�-?Gc
7. Address or legal description of noise source: 9Sb 0�-ne- ��enue, 5 i ��u.�,� s Sloi
8. Noise source time ofoperation: �� 30 �rr, — lZ =3d �c-/vi • D� �i- /!� /Z s� 13�2cT
9. Briefly describe the steps that will be taken to minimize the noise levels:
10. Briefly staie reason for seeking variance:
1 l. Dates during which the variance is
Signature of responsible person�// �j��.� <`�1,�`gu Date �63
Return completed Application and $150.00 fee to:
CITY OF SAINT PAUL
OFFICE OF LIEP
350 ST. PETER STREET, SiTITE 300
SAINT PAUL, MN 55102-1510
(651) 266-9090 �ECEI[� � L1�
JUL 1 g 2003
Office Use Only
Date Rec'd.
Date Public Notice Sent
Referred to Council _
noisevacapp Revised 2l200
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� LIEP RECEIPT
Date: 07/21l2003
Received From: SCHWIETZ SALOON dba: IRISH HORN INC
956 PAYNE AVE ST PAUL MN 55'101
Descriptian:
Invoice Details
358010
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
��Payment Type Check # Received Date Amount
'�Check I 6727 07/21/2003 I $150.00 I
1
Invoice Amount
$150.00
CIN OF SAINT PAUL �� �gC
Offce of License, Inspections
and Environmental Protection
350 $t. Peter SL Swle 30D
$aint Paul. MinnesoNa 55102-t510
(651) 26G-9090 Faz: (651) 2669124
www.ci.stpaul.mn.us�liep
Amount Paid
$150.00
$150.00
Page 1 of 1
o3-��b
OFFICE OF LICENSE, INSPECTIOVS AND
ENVIRON�ENTAL PROTECTION
Janeen E. Rosa.s, D�rector
CITY OF SAINT PAUL
Randy C. Kel[}'. hIn}'or
July 22, 2003
Maureen and Steven Mariano
Schwietz Saloon
956 Payne Avenue
Saint Paul, MN 55101
Dear Mr. & Mrs. Mariano:
LOWRYPROFESSIONAL BUILDl.NG Te[ephome. 65/-266-9090
3�OS[PeterS[reel,Sui[e300 Facsimi[e' 65f-?66-9119
SaintPaul,Minnesotn55101-IS/0 VVeb iwnn.leep.us
Your application for 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 August 27, 2003 at 5:30 p.m., 3rd floor
City Hall Council Chambers, at the Saint Paul City Hall/Ramsey County Courthouse, 15 West
Keliogg Boulevard, Saint Paul, MN 55102.
You should be present at the hearing to respond to questions that the City Council 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) 266-9140.
Yours truly,
i� �—�`
Steven R. Roy, S.
Envirorunenta Health Specialist III
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Pr¢sented By
RESOLUTION
CITY OF SAINT PAY1L, NIINNESOT'A
Grcrn Sheet # �Q��,�
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Referred To _ _ �
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1 wiiEREAS , ChaF ^� Y A,
2 enacted to regulat ��
3 Paul; and ���`�*
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Committee: Datc
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.slative Code was
, , _,,.,*anlCity of SainL
WH£REAS, �29 � ���'�� w ` � ��`--��f variancPs from
the sov.nd level 1 '" ��J. upon a finding
by the City Counc -� ,=?apter 293 would
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conszitute an unr ���� �'��: � � ��ant, other
pezsons or on the ,t° �F:• " �,��� �_
��,�,��Q �f✓1'`G��.. . �� �'i
WHEREAS, Sch !J�'`".'.' � - ' � `/ `�teven and Maureen
Mariano, owners w �,-�- G•T ��-j responsible
person on Che app ��{,z,c� ��'�' � ,� �/ ' �iance to a11ow
live muaic at 956 �� �_�:--x��,� � (,�Ji�W/t ��,� 14 and 15, 2001;
and '
�`�> �� , �� YS r `:i
p y rl�4� . ;or the hours of
wHEREAS, a F � ���� .,
s:3o p.m. to 12c ��' `-- ��: -, n � 1 15, 2001; and
`� �,e rt
WHEREAS, if �� �� � `: � , ; � �� `^ yiance it will not
be able to preser ���_� ������ �,�- � `
WHEREAS, the �'_' �` '' ` /
Environmental Prc '..:.) ",-'}< "`
made recommendat_�-r�°_�_:=_�-��
there£ore, be it,�
and
tion and has
variance; now,
RESOLVED, that the council of the City of SainL Paul nereby
grants a variance to SchwieL2 Saloon, subjecC ro the following
conditions:
1) The variance shall be for che hours of 8:30
p.m. to 12:3o a.m, on Septe_mber_13,_14 and
15 __2401�_ - - - _'-�_
/ 2) Al1 elec=zonically powered equipment used in
conjunction with the event shall not exceed
90 dBA from 8:30 p.m, until midnight on each
of the dates and shall not exceed 85 dHA from
midnighc until 12:30 a.m. on each of the
three datea. Measurement of the sound level
shall be performed at a distance between one
to five feee south o£ the curbxng on the
� south si3e of Case Avenue by the entrance to
the GenL.
OFFICE OF LICENSE, INSPECTIONS AND ��'�b`-'
ENVIRONMENTAL PROTECTTON
J¢neen F.. Rasas, Directw
CTI'Y OF SAINT PAUL
Randy C. Kelly, Mayor
July 22, 2003
LOWRYPROFESSlONALBUTLDMG Telephone.- 6�1-266-9090
3i0 St Peter Street, Suite 300 Facsimile: 651-266-9124
Sain! Paul, Minnesota J5102-l510 We6: www.[iep.vs
TO: Mary Erickson, Council Investigation & Research
Room 310, City Hall
FROM: Steve Roy, R.S. ,C1 �
Office of License, Inspe ions and Environmental Protection
SUBJECT: Sound Level Variance
Live Outdoor Music, Schwietz Saloon
Attached is a sound level variance application from Maureen and Steven Mariano, Owners
representing Schwietz Saloon, 956 Payne Avenue, Saint Paul, 55101, to allow amplified
live band music under an outdoor "big top" tent at 956 Payne Avenue. A variance is
requested from 8:30 p.m. to 12:30 a.m. on September 11, 12 & 13, 2003 during the
Harvest Festival.
Enclosed is the copy of the Public Hearing Notice sent to property owners within 200 feet
of 956 Payne Avenue.
Please have this item placed on the Council agenda far August 27, 2003. If you have any
questions, feel free to contact me at 266-9140.
Resolution to follow.
SRI2/ko
Attachments
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CITY OF SAINT PAUL
OFFICE OF LIEP
350 St Peter Street - Suite 300
Saint Paul, MN 55102-I510
i.
. �
NOTICE OF PUBLIC AEARING
SL Paul Property Owner:
This is to inform you of a request for a variance from the sound level limitafions as indicated in the St Paul
Noise Ordinance (Chapter 293 of the St. Paul Legislafive Code).
A public hearing before [he City Council on [his variance request will be held on:
Date: August 27, 2003
Time: 530 p.m.
Location: 3rd floor, City Hal] Council Chambers
Within fifteen (1� days of the mailing date on this notice, written comments or objections
may be fded with the: City of SL Paul, OfSce of License, Inspections and Environmental
Protectian, 350 St Peter Street, Suite 300, Saint Paul, Minnesota 55102-1510.
Description of Variance:
Noise Source: Schwietz Sa(oon has requested a so�nd level variance for outdoor aznplified live
band music. The music will be played on September 11, 12, & 13, 2003 from 830 p.m. to
12:30 am. during the Harvest Festival.
Location: In an outdoor [en[ a[ Schwietz Saloon, 956 Payne Avenue
If you have any quesuons, please feel free to call Steve Roy at (651) 266-9140.
AA-ADA-EEO Employer (Mailed 7R3/2003)