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
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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:
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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
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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.
That the Dubliner Bar direct all of its employees, contractors and patrons to
conduct the tent party, set-up, and take down, in such a manner as to a11ow for the
least possible disturbance to the business of Bonnie's Cafe.
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