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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 4 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 10 i1 ia 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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. t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1� g �0 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ► "� 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. 2 � _ a3 � 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�) rq'� r 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 �� . ,,�o _ 71�r �a� � AA-ADA-EEO Employer � � 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 .. � c: file AA-ADA-EEO Employer Str-er-�eei ll:er �iir ur 51. YHUL N.b :� Pr¢sented By RESOLUTION CITY OF SAINT PAY1L, NIINNESOT'A Grcrn Sheet # �Q��,� b3� i�b S3 Referred To _ _ � :.,` _ 1 wiiEREAS , ChaF ^� Y A, 2 enacted to regulat �� 3 Paul; and ���`�* .. ;•„�:,:_._ ,;�.:�; 44 aS a6 Committee: Datc ; ---- � _ .- ��< .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 � �.: A.�- 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 c: file `v°.rc�;n- .`"a'��re'�.,�„`a „ �. � ���. � � ��� AA-ADA-EEO Employer b3-�,�0 M 0 N � O W Q W Z } Q d � � rn J W U Q L.I� O W LL O O N Z 2 H � } H � O � d � � � � '� � ' - � � � � � !. � , i , r_ _'__ _'_1 F .. � � I I � i i i � ' � � I ;- ■ ! I _ _ ___ _ " � _ - .. i. � i i � -=----1 � A� ��_ I � W � --- ----� U . �; � ,, i " '' ' ■ � i i � � i � � i I � ' i � _- � � I � i ■ � ;� � � �o �o . ❑ 3Nl.t/d I I i f i I �L— I' ,� i i�— II � i� � ------7 � . -- -� � �� --- � � 1 � �I � 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)