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04-114Council File # ��- tt� %��/� `ID�d - �eilu�i�� // �/O�L RESOLUTION CITY OF,SAINT PAUL, MINNESOTA Presented Referred To Committee: Date �1 2 WHEREAS, Chapter 293 of the Saint Paul I,egislafive 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 limitations contained in 6§293.09, upon a fmding 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 9 WHEREAS, the Dubliner Pub, represented by Tom Scanion, President and Owner, who has been designated 10 as the responsible person on the application, has applied for a variance to allow live music at 2162 University Ave. 11 W.; and � 12 13 WHEREAS, applicant is seeking a variance for the hours of 12:00 p.m. to midnight for March 16 and 17 14 2004; and 15 16 WHEREAS, if applicant is not granted a variance it will not be able to present the live music; and 17 18 WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application 19 and has made recommendations reguding conditions for the variance; now, therefore, be it 20 21 RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the Dubliner Pub, subject 22 to the following conditions: 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1) 2) The variance shall be for the hours of 12:00 p.m. to midnight for March 16 and 17, 2004 All electronically powered equipment used in conjunction with the event shall not exceed 95 dBa as measured at the wall opposite the stage 3) The applicant shall provide personnel and equipment who shall provide continiuous sound level monitoring between 12:00 p.m. and midnight on March 16 and March 1? to ensure compliance with Condirion #2. 4) Amplifiers and speakers in the tent shall be directed away from the hotel and face west into the south portion of the Dubliner Pub parking lot. Resolution # Green Sheet # �� v ,� 1 5) All electronically powered equipment, PA systems, loudspeakers or similar devices shall ��-,�� 2 be turned off no later than midnight on March 16 and 17, 2004. 3 4 6) Scanlon's Pub will provide a miuiuium of ten (10) satellite restrooms. 5 6 7) Scanlon's Pub will police surrounding properties every hour for removal of debris. 7 * See amendment below 8 FURTI�R RESOLVED, that any violations of the condirions set forth above on the March 16, 2004 date 9 may result in revocarion of the grant of a variance for the March 17, 2004 date, in addition to any criminal citafion 10 which might issue. 11 12 �� 16 ays en Requested by Department of: 17 Benanav ,/ 18 Bostrom � Office of License, Inspections and 19 Harrxs ` Environmental Protection 2� Helgen � 21 Lantry ` 8 �,. �_ £ �� 22 Montgomery ,� 23 Thune neen E. Rosas, Director 24 ZS Form Approv d by C'ty Att��ey 26 Adopted by Council: Date i i 'd � �� � - n 27 BY� , ��`LPl�wr,� � O✓Y 28 Adoption Certified by Council Secretary Virgin'a�. Palmer 29 l 30 By: � Approved y Mayor for S s' to 31 Co ncil ' 32 Approved fayor: �Date 33 � 34 By: � That all structure band equipment, si alcohol containers partv be kent on t 1 Th at the Dubliner 7 loi 10) That the Dubliner conduct the tent , equipment, tenting ;nage, garbage recept and any other such i e east parking lot d h. ar direct its employ uth lot during the b ar direct all of its rty, set-up, and tak disturbance to the h toilet facil , ropes ana staxin associated with the the event and set- ties, stage or g, beer kegs or Dubliner tent up, take-down rons to avoid s Cafe. es, contractors and patrons to n such-a-manner as to allow for of Bonnie's Cafe. 2 o�t- � � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet .� Departrnentlofficelcouncit: Date Initlated: t,P - Licea�llnspxuon/EnviuonRot 2�,�-� Green Sheet NO: 3010955 Conpct person & Phone: Deoartrnent Sent To Person Initial/Date Janeen Rosas � 0 ice ti uvir n Pro 2669013 p, 1 ice ti nBnvir uPro De a mtDi ector Must Be on Council Agenda by (Date): Number 2 Att rn 04-FEB-04 For Routing 3 a or•s O�ce Ma odAssistant Order 4 oncil 5 ' Clerk Ci Clerk Total # of Signature Pages _(Clip All Lowtions for Signature) Action Requested: � Resolution granring The Dubliner Pub a sound level variance from the sound level limitations containted in Chapter 243.09. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission t. Has this perso�rm ever worked under a coniract for this department? CIB Committee Yes No Civil Service Commission 2. Haslhis person/firm ever been a city empfoyee? Yes No 3. Does this person/firm possess a skili not normally passessed by any " current city employeel Yes No F�cplain all yes answere on separate sheet and altach to green sheet Initfating Problem, Issues, Opportunity (Who, What, When, Where, Why): Tom Scanlon, Pxesident of The Dublin� Pub, has requested a sound level vaxiance for amplified outdoor Irish live band music in a tent on the pazking lot at 2162 University Avenue W., during their St. Patdck's Event. The music is scheduled on March 16 and March 17, 2004 from 12:00 pm to midnight. Advantages If Approved: • Will place conditions that will limit the sound iznpact on surrounding residential and commercial areas. Disadvantapesl4Approved: Persons living or working neaz 2162 University Avenue W. will be able to heaz tlie sounds from the music. DisadvanWStes 14 Not Approved: The sound level impact on surrounding residential and commercial ueas could be geater with no condi6ons. Applicant may not be able to present the music without exceeding the sound level limitations contained in 293.09. Total Amount of 500 CosURevenue Budgeted: {�j Tronsaction: - - � � Fundinp Source: 320-33350 Activitv Number: 0141 Financial Information: For staff monitoring and ovextime. (Expiain) ��1 ��� CTTY OF SAINT PAUL Randy G Kelly, Mayor January 16, 2004 TO: FROM: SUBJECT: OFFICE OF LICENSE, INSPE(."I'IONS AND ENVIRONMENTAL PROTECIION .7aneers E. Rosas, Director LOWRYPROFESSIONALBUlLDING Telephone: 65l-166-9090 350 St. Peter Street, Suite 300 Facsimile: 651-266-9714 Saint Paul, Minnesota SSIO2-I510 Web: www.liep.res Mary Erickson, Council Invesrigation & Reseazch Room 310, City Hall Mark Kaisersatt, R.S. Office of License, Inspections and Environmental Protection Sound Level Variance Irish Music for St. Patrick's Day, parking lot of Dubliner Pub, 2162 University Ave. W. Attached is a sound levei variance application from Tom Scanlon, Owner of Dubliner Pub, 2162 University Ave. W., Saint Paul, 55114, to allow live music at 2162 University Ave. W. A variance is requested from 12:00 p.m. to midnight for March 16 and 17, 2004. Enclosed is the copy of the Public Hearing Notice sent to property owners within 200 feet of 2162 University Ave. W. Please have this item placed on the Council agenda for February 4. If you have any questions, feel free to contact me at 266-9147. Resolution to follow from Robert Humphrey. MRK/cmk Attachments c: file AA-ADA-EEO Employer Jan-2g-04 15:57 Dsrren Kn�ht Mary Asyanu January 28_ 2004 City of St. Paul Members of the Ciri Council By Telefaz Only Re: Bonnies CafFlDubliner Bar and Tom Sca¢ton; —app6cation for noise variances and liquor eatension pe�mits—Dubliner Bar Mssrs: pur client, Bonnie's Caf�. located at 2160 University Avenue West, St Paul, would like io pravide some pertinent information related to the pemrit applications submitted by the Dubliner Baz in anticipalion of iu annual pazty held during ihe week of the St. Patrick's Day holiday. Bonnie's Cafe is a well estabtished caf8 and diner tl�at ttas been serving food at its location on University Avenue for mer 20 years. Bonnie's Cafe is a well respected establisBment that t�as been celebrated by articles in the Pioneer Press. Its founder and owner is Ms. lua�uta Raell. Bonnie's CafE is a tena�rt in the same building as the Dubliner Baz and the two businesses share a join4y used back parking lot In the past, ihe Dubliner Bar tias paid Bonnie's Cafe for lost revenues due to the Dubliner Bar's tent parties iha[ have udlizcd �he parking lot which is jointly used by the parties. The past fent parties tiave completely shut down Bonnie's Cafe for several days at a time, due to the tent party and associated set-ug and take down of the tent, bandstand, outdoor toilet facilities, delivery vehicles, etc. The Dubliner Bar has expressed to Bonnie's Cafe that it no ]onger wishes io pay for such disruplion. Bonnie's would like to come to an ageemesit w�th the Dubliner Bar with cegard to the teni pariy and its unpact on the business of Bonnie's Cafe. However, in the absencc of such written ageement, Bonnie's Cafe is unwilling to extend permission to the Dublincr Bar to utilize t6e jointly used pazking lot. Bonnie's cleady has legal access eo and a legal right ro quiet enjoyment of, the parking Iot where the Dubliner Baz wishes to have its pacties. It is the position of Bonnie's Cafe that, absent written permission from Bonnie's, the Dubliner Bar does not have legal standing to seek or obtain a liquor extension permit to utilize the parking lot where Bonnie's has a legal right to quiet enjoymenL Fmiher, il would be the position of our client H�at the City of St Paul dces not have legal standing to issue such a permit to the Dublinec Bar, absent written authoeizaQion from Bonnie's Cafe. In the absence of such an ageement, our clien[ wilt assert ttiat the Dubliner Bar's applicafion for a liquor extension permit utilizing the joint parking lot should be denied at U�e administrative level. Honnie's asseRS tBat the City Council does not have anthorily to preside over a public heating regarding a permit applicant that dves not have legal s[anding to use the real ptoperiy which is the subjecl of Ihe pernut application. Additionalty, based on my conversation witt� Stece Zaccard with the Fire Depaziment of the City of St. Fauf, there may be fire code issues impacting Bonnie's Caf�, related to [he position of ffie tent and ihe e7cits both of the cafe as wetl as the tem. There is an addilional pazking lot to the Eazt of the building to wluch Mr. Scanlon of the Dubliner Bar ciaims ownership. [f Mr. Scanlon and the Dubliner Baz wishes to t�ave ffieir pariy on this site, Bonnie's Cafe would still suffer a cegative impact The delivery vehicles, patrons, outdoor public toilets and ofher obstructions related to the tent party will restrict access [o the jointly used parking lot and Bonnie's customers. We will continue in our efforts to come to an accommodation with the Dub(iner Bar. If you wish to discuss this marier, please contact our office. i DK/bklbonnies�ublin-ccity2 Cc: client, Ciiy Attomey-St. Paul, 612 544 1013 P.02 KNIGHT & HAYANO, P.A, o � r //� Attorneys at Law 14475 23rd Avence IVorch Plpmouth, Minnesota 55447 I�ga! Secretary: Te]: (763) 972-9609 Fai (76'� 7457974 Bevedy Knight 0� �i� � �� Conditions for Dubliner noise variance: t'�'v`�'i`b��'�"� �� That all structures, equipment, tenting, fencing, toilet facilities, stage or band equipment, signage, garbage receptacles, ropes and staldug, beer kegs or alcohol containers and any other such items associated with the Dubliner tent party be kept on the east pazking lot during the event and set-up, take down associated therewith. \•�' ` o, � That the Dubliner Bar direct its employees, contractors and patrons to avoid loitering on the south lot during the business hours of $onnie's Cafe. 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