04-269�{�JL�7'/4P�J - 1 /" //,�/IG`f1� � ��(�...i
RESOLUTION
ClTY OF SAINT PAUL, MINNESOTA
Green Sheet # ����� �
Presented By
Referred To
Council File # T� —� /
Resolution #
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Committee: nate
2 WFIEREAS, Chapter 293 of the Saint Paul Legisiarive 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 ]evel limitations contained in
6§293.09, upon a fmding by the City Council that full compliance with Chapter 293 would consritute an
7 unreasonable hazdship on an applicant, other persons ar on the community; and
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WHEREAS, Gabe's by the Park, represented by Tim Weiss, President, who has been designated as the
responsible person on the applicarion, has applied for a variance to allow amplified music at 991 I,exington Pkwy
N., on March 12, 13, 14 and 17, 2004 and October 29 and 30, 2004; and
WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. to 1:00 a.m. the nights of Much 12
and 13, from noon to 10:00 pm. on March 14, from 2:00 p.m. to midnight on March 17 .n..� �.,�: ��,_:�.. �•�-
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WHEREAS, if applicant is not granted a variance it will not be able to present the amplified music ; and
19 WHEREAS, the Office of License, Inspecrions, and Environmental Protection has reviewed the application
20 and has made recommendations regarding conditions for the variance; now, therefore, be it
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RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Gabe's by the Pazk,
subject to the following conditions:
1) The Office of LIEP recommends that the variance shall be for the hours of 6:00 p.m.
to midnight on March 12 and 13, for the hours of noon to 10:00 p.m. on March 14, for
the hours of 2:00 p.m. to midnight March 17, and for the hours of 6:00 p.m. to
midnight on October 29 and 30..
2) All electronically powered equipment used in conjuncrion with the event shall not
exceed 95 dBa as measured from the wall opposite the stage.
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2 T 3) The applicant shall provide personnel and equipment who shall provide continuous
3 sound level moniYOring between 6:00 p.m. and midnight on March 12 and 13,
4 between noon and 10:00 p.m. on Mazch 14, between 2:00 p.m. and midnight on
5 March 17, and beriveen 6:00 p.m. and midnight on October 29 and 30.
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7 4) All electronically powered equipment, PA systems, loudspeakers or similaz devices shall be turned
8 off no later than the set time on each of the dates.
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10 5) Security will be
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the hours of �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Deparhnentlofficelcouncil: Date Initiated: �
�P -��e�,„�ti���n�� 23-FEB-04 Green Sheet NO: 3012216
Contact Person & Phone:
Janeen Rosas
266-9013
Must Be on Councit Agenda
03MAR-04
Total # of Signature Pages
�
Assign
Number
For
Routing
Order
0 ' n "o "r Pro
2 A ro
3 or's ffce Ma adAss' tant
4 ou '
5 i Clerk Ci le k
(Ciip Alt Locations for Signature)
Resolution ganting Crabe s by the Park a sound level variance &om the sound level lunitarions containted in Chapter 293.09.
idations: Approve (A) or R
Planning Commission
Cf6 Committee
Civil Service Commission
Answer
1. Has this person/firm ever wo�ced under a�ntraci for this depaAmeM?
Yes No
2. Has this person/firtn ever been a city empioyee?
Yes No
3. Dces this pe�son/firtn possess a skGl not nortnally possessed by any
current city employee?
Yes No
Exptain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Tim Weiss, representing Gabe's by the Pazk, has requested a sound level variance for amplified outdoor music inside a covered tent on
the pazldng lot at 991 Lexington Pkwy N, The music is scheduled for the hours of 6:00 p.m. to 1:00 a.m. the nights of Mazch 12 and 13,
from noon to 10:00 p.m. on Mazch 14, from 2:00 p.m. to midnight on Mazch 17 and from 6:00 p.m. to 1:00 a.m. the nights of October 29
and 30, 2404.
Advantaites If Approved:
Wi11 place condirions that will licnit the sound 'unpact on surxounding residential and commercial azeas.
DisadvantaAes If Approved:
Persons living or working near 991 Lexington Pkwy N. will be able to heaz the sounds from the amplified music.
Disadvanta9es If Not Approved:
The sound level impact on suzrounding residenrial and commercial azeas could be greater with no condirions. Applicant may not be
abie to present the music without exceeding the sound level limitations contained i¢ 293.09
Transactlon: 600
Fundinp Source: 320-33350
CostlRevenue Budgeted: N
ACtivity Number. 0141
Financial Informatfon: For staff monitoring and overtime.
�� (Explain)
. e& �Fa,:^—?r�h C°�ninq�
�'u�`t
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OFFICE OF LICENSE, INSPECTIONS AND a �� a � y 3
ENVIItONMENTAL PROTECTION
J¢n¢ert E. Rosas, Director
CITY OF SAIN"f PAUL
Randy C. Kelly, Mayor
LOWRYPROFESSIONAGBUILDING Telephone: 651d6�9090
350 St. Pe[er Street, Sui[e 300 Facsimile: 657-266-9124
Saint Ppul,MinnesotaSSlOd-ISIO We6: www.liep.vs
��':�`_ . . _
February 17, 2004 ��� E � ����
TO: Mary Erickson, Council Investigation & Research
Room 310, City Hall
FROM:
Si3BJECT:
Mark Kaisersatt, R.S.
Office of License, Inspections and Environmental Protection
Sound Levei Variance
Amplified Music for St. Patrick's Day and Halloween, parking 1ot of
Gabe's by the Park, 991 Lexington Pkwy N.
Attached is a sound level variance application from Tim Weiss, Owner of Gabe's by the
Pazk, 991 Lexington Pkwy N., Saint Paul, 55103, to allow amplified music at 991
Lexington Pkwy N. A variance is requested from 6:00 p.m. to 1:00 a.m. on the nights of
March 12 and 13, from noon to 10:00 pm. on March 14, from 2:00 p.m. to midnight on
March 17 and from 6:00 p.m. to 1:00 a.m. the nights of October 29 and 30.
Enclosed is the copy of the Pubiic Hearing Norice sent to properiy owners within 200 feet
of 991 Lexington Pkwy N.
Please have this item placed on the Council agenda for March 3. If you have any
questions, feel free to contact me at 266-9147.
Resolution to follow from Chad Kulas.
MRKlcmk
Attachments
c: file
AA-ADA-EFA Employer
LIEP RECEIPT
Date: 0?J�Z2004
Received From: MEGALI INC dba: GABES BY THE PARK
991 LEXINGTON PKWY N ST PAUL MN 55103-1107
Description:
Invoice Details
383580
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
Payment Type Gheck tl Received pate � Amount
Cash , � 02/72/2004 3150.00 �
Invoice Amount
$150 00
CITY OF SAINT PAUL D �_���
OffiCe Of UcEnse, InSpechOnS
and EnvirOnmental Pm;ecton
35� Sc Peter Sc Sune 300
$3'.^�. Pael. IA�n SSt:245^G
(651j26o-SOqFaR (6Y.)26'o-"2a
viv v.ci stpaul mrt_usl,`.ep
Amount Paitl
S150 00
$150.00
Page 1 of 1
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Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paui Legislative Code
OFFICE OF LICENSE, INSPECTfOtiS AND V � _ ���
ENVIRONMENTAL PROTECTIOS
Janeen E. Rosas, Dir¢ctor
LO{YRYPROFESSlONAL BU/LDl.NG Telepkone: 65/-?66-9090
3�0 S[. Peter Street, Suite 3Q0 Facsimi[e� 651-266-924
Snin[ Pau( Minnesotn 55l02-lSIO LVeb: w+vw_cistpnu(.mn
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1. Organization or perso seeking
2. Address: `� � /
3. Responsible
4. Title or posi
5. T
6. Briefly describe the noise source and equipment invol
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7. Address or legal description of noise source: y�� ,�v • L2 X 1
8. Noise source time of operation: �2�-- �.LQ ��
9.�riefly describe the steps t}�at will be taken to minimize the noise levels:�
10. Briefly state reason for seeking
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I 1. Dates during which the variance is requested: �
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3�13 � n. � ��,,,� � � /,� ap,,,, _ /�,,` � 3Z� G�..�-jso,�
Signature of responsible person � �f�// �--� Date `� ��/}�
Return completed Application and $150.00 fee to:
CITY OF SAINT PAUL
OFFICE OF LIEP
350 ST. PETER STREET, SUITE 300
SAINT PAUL, MN 55102-1510
(651)266-9090
Date Rec'd.
Reviewed
Date Public Notice Sent
Referred to Council
noisevar.app Rzvised 212003
CITY OF SAINT PAUL
Raad}� C. Ke/ly, Mnyor
�✓ � (o?�' �S
A.4-ADA-EEO Employer