06-211Council File # 06-211
: ui u� �
ResotuYion# 3029556
Green She� # v
RESOLUTION
CITY
��rnea B
Referred To
PAUL, MINNESOTA
DaYe
1 WI�REAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of
2 noise in the City of Saint Paul; and
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WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
contained 'm §293.09, upon a finding by the City Council that full co�liance with Chapter 293 would
constitute an unreasonable hardship on the applicant, other persons or on the communiry; and
WHEREAS, Gabe's m the Pazk, represeirted by Matthew Long, Owner, who has been designated
as the responsible person on the application, has applied for a variance to allow live music 991 North
Le�ngton Parkway; and
WHEREAS, applicant is seeking a vaziance on March 17. 2006, from �- •'�°�:00 p.m to
Mazch 18. 2006, tmti11:00 a.m. : , , and Mazch 1S. 2006, from 7:00 p.m.
to Mazch 19. 2006, until 1:00 a.m. : , ; and
WHEREAS, if applicant is not grauted a variance it will not be able to present the live music; and
WHEREAS, the Office of License, Inspections, and Envffonmental Protection has reviewed the
application and has made recommendations regarding conditions for the vaziance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Gabe's in the
Pazk, subject to the following conditions:
1) The variance shall be for the hours of 4:00 p.m on March 17. 2006, to �:99�ig}� 1:00
a.m on Mazch 18, 2006 , , and 7:Q0 p.m on Mazch 18. 2006, to 1:00 a.m
on March 19, 2006 ,
2) All electronically powered equipment used in conjunction with the event shall not exceed
95 dBa, as measured from the interior of the tent opposite the stage
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3) The applicant shal] provide persoxmel and equipment that shall provide contiauous sound
level monitoring between 4:00 p.m on March 17. 2006, to 1:00 am on March 18. 2006
. , , and 7:00 p.m. on March 18. 2006, to 1:00 am on
March 19. 2006, : , to ensure compliance with Condition
#2.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than �E 1:00 am on , , Mazch 18, 2405�
March 19. 2006.
FIJRTI�R RESOLVED, that any violations of the conditions set forth above on the Mazch 17 and
18, 2006 dates may result in denial of fut�ue requests for the grant of a noise vaziance, in addition to any
criminal citation which might issue.
Requested by Department o�
Office of License, Inspections and
Environmental Protection
BY� �/�Y�IG�o�X'1/��
Bob Kessler, Daector
�/� Form �,pproved by City A� omey
Adopted by Council: Date i`/lGtl� /. aD'%b BY: i f�s�,( i ��
Ra`e,thel Gunderso�
Adoption Certified by Council Secretary
�� Approve� r, for Submission to Council
BY� // //,/il� �i0i' ,�SOrL �
By:
Approved by ayo : �ate .� - O (o
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
ry_..�il
DepartrnenUoffice/council: Date IniGated: v � ' `
�P — LiceuselG�spectionBnvironProt 3,�,�,-06 Green Sheet NO: 3029556
Contact Person 8 Phone: Deoartment Sent To Person InitiaVDate
Mark Kaisersatt � 0 i n' n
266'9�4� Assign 1 iee ns oWEnvironRo De entD' r
Must Be on Council Agenda by (Date): Num6er 2
01-MAR-O6 - P�b�;c j{e For
Routing 3 a or's ce or/Assistant
Order 4 n
5 ' C7er C5 Clerk
Total # of Signature Pages _(Clip NI Lowtions for Signature)
Action Requested:
Approval of a resolution granting Gabe's in the Pazk, represented by Matthew Long, an exemprion from the sound level limitarions in
Ch. 293.09, in order to present live music, with limitations, on Mazch 17, 2006, from 4:00 p.m. umi1�:99�st; and Mazch 18, 2006,
from 7:00 p.m. until-�:BA-�t. /;dU A-.rh, v✓� arch I�l. /.'OG Y�-�n M(vech/S�
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this persoNfirtn ever worked under a contrad for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. �ces this persoNfirm possess a skill not normally possessed by any
currsnt city employee?
Yes No
Explain all yes answers on sepawte sheet and attach to green sheet
Initiating Problem, fssues, OppoAUnity (Who, What, When, Where, Wfiy):
Chapter 293.11 provides for the granting of variances from the sound level limita6ons contained in Chapter 293.09.
511Mdli.i�
AdvanWges IfApproved: �E� � tL 2
Gabe's in tlle Pazk may present live music during its St. Patrick's Day festivities.
Ma
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DisadvanqgeslfApproved: � ��.�+�
Neighboors within earshot of Gabe's in the Pazk will be subjected to music. !�r��+
��� � � ����
,� ,� +�
DisadvanWges If NotApproved:
Gabe's in the Pazk pauons will not be able to enjoy live music during the St. Pahick's Day weekend.
Total Amount of CostlRevenue Budgeted: �
Transaction:
FundinSt Source: Pstivity Number:
Financial I nformation:
(Explain)
SA[NT
PAUL
�
Al1AA
CTTY OF SAINT PAUL
Chrittopher B. Coleman, Mayor
February 2, 2006
TO:
FROM:
SUBJECT:
OFFICE OF LICENSE, INSPECIIONS AND
ENVIItONMEN'IAL PROTECIfON
Bob Kessler, Direclor
COMMERCEBUILDING
8 Founh S[reet East, Suite 200
Saint Pau[, Minnuo�a 551 01-7 014
Mary Erickson, Council Investigation & Research
Room 310, City Hall
Michael Douglas
Office of License, Inspections and Environmental Protection
Sound Level Variance
Live Outdoor Music, Gabe's in the Park
�,� ���
Te[ephone: 651-266-9090
Facsimile: 651-266-9114
Web: ivww [ieo.ur
Enclosed is a sound level variance application from Matthew Long, representing Gabe's
in the Park, located at 991 North Lexington Pazkway, to allow a live band concert at
Gabe's in the Park. A variance is requested from 4:00 p.m. to 12:00 midnight on Maz
17, 2006 and from 7:00 p.m. unril 12:00 midnight on Mazch 18, 2006.
Enclosed also is the copy of the Public Hearing Notice sent to property owners within 200
feet of 991 North Lexington Parkway and the resolution.
Please have this item placed on the Council agenda for March 1, 2006. If you have any
questions, feel free to contact me at 266-9131. ���t'� �r`ti'"`?f
Ve truly yo ,
Michae Douglas
Enclosures
i �� � � ��+35�
AA-ADA-EEO Employer
V
CITY OF SAINT PAITI,
Rm�dy C. Kelly, Mayor
��g�� II� Lf �P
JAN 3 � 2�
OFFICE OF LICENSE, IIJSPECTtONS AND O� �
ENVIRONMENTAL PROTECTION
JaneenE. Rosas, D"vector
CO,I�gRCEBUILDING Telephone: 657-2669090
8 Faurth Sveet E., Suite 100 Faaimrle.� 657-?66-9124
SaintPaub Mrnnesata 5510 7-1 024 Wv1i' w�vw.liep.ur "
Application for Sound Level Variance ��
City of Saint Paul Noise Ordinance ,� ^�,� �
Chapter 293 of the Saint Paul Legislative Code "�
�e�h8� 'S B � ��
1. Organization or person seeking variance: `I� /?/� ��C
2. Address: 4 �tJ G Xi�� u'Y 5/�3
3. Responsible person: ��lu/ o�
4. Title or posirion: ��L'"��K-
5. Telephone: !GS/Z6KG �
6. Briefly describe the noise source and equipment involved: G i �6 j'tl �S /G
7. Address or legal description of noise
S. Noise source time of
9. Briefly describe the s
10. Briefly state
1
l. Dates
!V.
�✓
Signature of responsibie person Date
Return completed Application and $150.00 fee to:
CI�'Y OF SAINT PAUL
OFFICE OF LIEP
8 FOURTT3 STREET E., StiITE 200
SAINT PAUL, MN 55101-1024
(651) 266-9090
�� r���,� ��I�O �c��
�- � ( �
!�� �/Sb � .
— �3� �06�/
� -ADA-EEO Employer
Office i7se Only
Daze Rec'd.
Reviewed
Date Public Notice Sent
Referred Yo Council _
6 �/I/ 1/
NOTICE OF PUBLIC HEARING
St. Paul Property Owner.
This is to infortn you of a request for a variance from the sound level limitations as indicated in
the St. Paul Noise Ordinance (Chapter 293 of the St. Paul Legislative Code).
A public hearing before the City Council on this variance request will be held on:
Date: March 1, 2006
Time: 5:30 p.m.
Location: 3rd floor, City Hall Council Chambers
Within fifteen (15) days of the mailing date on this notice, written comments or
objections may be filed with the: City of St. Paul, Office of License, Inspections
and Environmental Protection, 8 Fourth Street E, Suite 200, Saint Paul, Minnesota
55 7 01-1 024.
Description of Variance:
Noise Source: Gabe's by the Park has requested a sound level variance for live music from 4:00
P.M. to 12:00 A.M. for March 17, 2006, and 7:00 P.M. to 12:00 A.M. for March 18, 2006.
Location: 991 North Lexington Parkway.
It you have any questions, please feel free to call Mark Kaisersatt at (651) 266-9147.
AA-ADA-EEO Employer (Maited 05/26/2005)
Date: 01l30/2006
LIEP RECEIPT
Received From: LONG ENTERPRISES INC dba: GABE'S BY THE PARK
991 LEXINGTON PKWY N ST PAUL MN 55103
Description:
Invoice Details
458565
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
Type j Check # � Received Date � Amount
o ���-��
Invoice Amount
$150.00
CITY OF SAINT PAUL
Offce of License, Inspections
and Environmenial Protection
8 Fourih Street Eas[ Suite 200
Sain[ Paui, Minrrewta SStOb�024
(651126G Fax (�`112659124
www. ci. stpauL mn. usiliep
Amount Paid
$150.00
$150.00
Page 1 of 1
Council File # ��' Z�,
Resolution #
Green Sheet #� 0� Q S S�
RESOLUTION
CITY OF
Presented By
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Referred To
PAUL, MINNESOTA
Committee: Date
� !.'.
WHEREAS, Chapter 293 ofthe Saint Paul Legislative Code was enacted to regulate the subject of
noise in the City of Saint Paul; and
WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would
constitute an unreasonable hardship on the applicant, other persons or on the community; and
WHEREAS, Gabe's in the Park, represented by Matthew Long, Owner, who has been designated
as the responsible person on the application, has applied for a variance to allow live music 991 North
Lexington Parkway; and
WHEREAS, applicant is seeking a variance for the hours of 4:00 p.m. to 12:00 midnight far
Mazch 17, 2006, and 7:00 p.m. to 12:00 midnight for March 18, 2006; and
WHEREAS, if applicant is not granted a variance it will not be able to present the live music; and
WHEREAS, the Office of License, Inspections, and Environxnental Protection has reviewed the
application and has made recommendations regarding conditions for the variance; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Gabe's in the
Park, subject to the following conditions:
1)
2)
The variance shall be for the hours of 4:00 p.m. to 12:00 midnight for Mazch 17, 2006, and
7:00 p.m. to 12:00 midnight for March 18, 2006
All electronically powered equipment used in conjunction with the event shall not exceed
95 dBa, as measured from the interior of the tent opposite the stage
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3) The applicant shall provide personnel and equipment that shall provide continuous sound
level monitoring between 4:00 p.m. to 12:00 midnight on March 17, 2006, and 7:00 pm. to
12:00 midnight on March 18, 2006 to ensure compliance with Condition #2.
4) All electronically powered equipment, PA systems, loudspeakers or similaz devices shall be
turned off no later than midnight on March 17, 2006, and March 18, 2006
FURTHER RESOLVED, that any violations of the conditions set forth above on the March 17 and
18, 2006 dates may result in denial of future requests for the grant of a noise variance, in addition to any
criminal citation which might issue.
Adopted by Council: Date ,��� � o 7�p�
Adoption Certified by Council Secretary
BY: i� E�s�«�c�
Approved by Mayor: Date
�
Requested by Department of:
Office of License, Inspections and
Environmental Protection
,/
BY� ✓ /��i�/L�.
Bob Kessler, Director
Form A roved by Cit Atforney
By:
Approved b yor, r Submission to Council
By: