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05-139council File # -1 q Resolution # Green Sheet # 3024941 Presented By. Referred To RESOLUTION CITY OF SA1NT PAUL, MINf�ESOTA 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 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations contained in §293.Q9, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hardship on an applicant, other persons or on the community; and 9 WHEREAS, Gabe's by the Puk, represented by Matt Long, OwnerlPresident, who has been designated as 10 the responsible person on the application, has applied for a variance to allow amplified music at 991 Lexington 11 Pkwy N., on Mazch 17, 18 and 19, 2005; and 12 13 WHEREAS, applicant is seeking a variance far the hours of 5:00 p.m. to 12:00 midnight on the night of 14 March 17, and from 7:00 P.M. to 12:00 midnight. on March 18 and 19; and 15 16 WHEREAS, if applicant is not granted a variance it will not be able to present the ampiified music ; and 17 18 WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application 19 and has made recommendations regarding condirions for the vaziance; now, therefare, be it 20 21 22 23 24 25 26 27 28 29 RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Gabe's by the Park, subject to the following conditions: 1) The Office of LIEP recommends that the variance shall be for the hours of 5:00 P.M. to midnight on March 17, for the hours of 7:00 to midnight on March 18 and 19. 2) All electronicaliy powered equipment used in conjunction with the event shali not exceed 95 dBa as measured from the wall opposite the stage. ' � OS-13q 2 3) The applicant shall provide personnei and equipment who shall provide continuous 3 sound level monitoring between 5:00 p.m. and midnight on March 17, and between 4 7:00 and midnight on Mazch 18 and 19. 5 6 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be tumed 7 off no later than the set time on each of the dates. 8 9 . 10 11 12 13 14 15 16 17 18 �� 22 23 24 25 26 27 28 29 30 31 32 Adopted by Council: 34 Adoption Certified 35 36 sy: 37 ,f 3g Approved ` ayor: 39 � l � 40 sy : E'/' Council Secretary Date Requested by Department of: Office of License, Inspections and Environmental ProteCtion By : � r.c..,�A2� C.� d✓J G� Ja�ieen E. Rosas, Director Form Approved by City Att� � f /� ay: ��° °✓cP,ri�ca�.! L�Ce..Y-.2,� Virgini . PalmeY Approved by Mayor for Submission to 2 Date �l� /lo�olpOS � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: � Date Initiated: � -L;��;o,,,���t �,�,�-05 Green Sheet NO: � ConWct Person & Phone: � Chris6ne Rozek 266-9108 ' Must Be on Council Agen , �6-FEB-0.5 fS 1 I. . �1 Assign Number For Routing Order �J �� 3024941 ueoamnenc seltt �o rewon 0 i s cti ' oa 1 9.ice�ellaspection/Environ Yro 1 Department Director 2 �itvAttoroey � 3 Tlayor's Office I 1NayoNAssistant ^ 4 iC uncil 5 ' Clerk CY C7erk Total # of Signature Pages ^ (Clip All LocaHons for Signature) ; Approval of a Resolution granting Gabe's by the Pazk a variance from the noise requirements in Chapter 293 of the Saint Paul Legislarive Code. The event is to be held from 5:00 PM to 12:OU AM (Midnight) on Mazch 17, and from 7:00 PM to 12:00 AM (midnight) on March 18 and 19, 2005, for their Saint Patricks Day fesrivities. idations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission PefSOnal ServlCe GontfaCtS MUSt Al15Wer the holioWing l3uestlon5: 1. Nas this person/firtn sver worked under a contrad for this department? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this persoNflrm possess a skitt not normaify passessed by any current city employee? Yes No Explain all yes answers on separate sheet and attacM to green sheet ; Initiating Problem, Issues, Opportunity(Who, WF�at, When, Where, Why): � Council action necessary to grant variances from the noise requirements in Chapter 293. Advantages If Approved: � DisadvanWgeslfApproved: DisadvanWges If Not Approved: Total Amount of Transaction: FundinA Source: Financial Information: (Expiain) CosVRevenue Budgeted: Activity Number: 3' Council File # �� Resolution # Green Sheet # 3024941 RESOLUTION CITY Presented Referred To SAINT PAUL, MINNESOTA � Committee: Date 2 WITEREAS, Chapter 293 of the Saint Paul Legisiative 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 limitarions contained in b§293.09, upon a finding by the Ciry Council that full compliance with Chapter 293 would constitute an 7 unreasonable hazdship on an applicant, other persons ar on the community; and 8 9 WHEREAS, Gabe's by the Park, represented by Matt Long, OwnerlPresident, who has been designated as 10 the responsible person on the applicarion, has applied for a variance to allow amplified music at 991 Lexington I 1 Pkwy 13., on March 17, 18 and 19, 2005; and 12 13 WHEREAS, applicant is seeking a variance for the hours of 5:00 p.m. to 12:00 midnight on the night of 14 March 17, and from 7:00 P.M, to 12:00 midnight. on March 18 and 19; and 15 16 WHEREAS, if applicant is not granted a variance it will not be able to present the amplified music ; and 17 18 WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application 19 and has made recommendations regarding conditions for the variance; now, therefore, be it 24 21 22 23 24 25 26 27 28 29 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: i) The Office of LIEP recommends that the variance shall be for the hours of 5:00 P.M. to midnight on March 17, for the hours of 7:00 to midnight on Mazch 18 and 19. 2) All electronically powered equipment used in conjuncrion with the event shall not exceed 95 dBa as measured from the wall opposite the stage. 2 3) The applicant shall provide personnel and equipment who shall provide continuous � y' �� 3 sound level monitoring between 5:00 p.m. and midnight on March 17, and between 4 7:00 and midnight on March 18 and 19. 5 6 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be tumed 7 off no later than the set time on each of the dates. 8 9 . 10 11 12 13 14 15 16 17 1$ �� aa 23 24 25 26 27 28 29 30 31 32 Adopted by Council: 34 Adoption Certified 35 36 sy: 37 ' 38 Approved �y ayor: 39 � 40 sy: Council Secretary Date Reguested by Department of: Office of License, Inspections and Environmental Protection BY : � a..,.9.2�^ f. 1` �/J GL�' Ja een E. Rosas, Director Form Approved by City Att rn By: `��,(�GGt�t ) �C�2X--,-cc c- Virgini . Palmez Approved by Mayor for Submission to 2 Date f P' /f. /�io�0�a� � Green Sheet Green`Sheet °Green Sheet Green Sheet Green Sheet Green Sheet � --�-• ----..__...�._.._.._... �� Lieense/fispection/Envuonftot ,�,�-� Green Sheet NO: Contact Pereon 8 Phone: � Christine Rozek 266-9108 Must Be on Council Agenda by (I ; , 76-FEB-OS D Lt _ �. L _ . � Assign Number For Routing Ordef �- �� 3024941 oeoartrnent senc w rerson p i vir n o 1 icense/In ecti n/E vi n Pro De a ent ire or 2 �(titv Attomey � � 3 N�avor•s Office Mayor/ASSistant I 4 oancit � 5 " C7erk ('S Ierk Total # of Sig P _( Clip All Lowtions for Signature) Action Requested: Approval of a Resolurion granting Gabe's by the Park a variance from the noise requirements in Chapter 293 of the Saint Paul Legislative Code. The event is to be held from 5:00 PM to 12:00 AM (Midnight) on March 17, and from 7:00 PM to 12:00 AM (midnight) on Mazch 18 and 19, 2005, for their Saint Patrick's Day festiviries. Recommendations: Approve (A) or R Planning Commission CIB Committee . _ Civil Service Commission Fouowing 4uestions: 1. Has fhis person/firm ever warked under a contract for Tbis department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separete sheet antl attach to green sheet ,' (nitiating Problem, Issues, Opportunity (YVho, Wfiat, When, Where, Why): I Council action necessary to grant variances from the noise requirements in Chapter 293. AdvanWges If Approved: ! DisadvanYageslfApproved: DisadvanWges If Not Approved: - otal Amount of Transaction: Funtlina Source: Financial Information: (Explain} CosVRevenue Budgeted: Activity Number: