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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 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 06-211 42 43 4�t 45 46 47 48 49 5� 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 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 � �� �,�,��r:v 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 Q4-z�� 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 sa 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 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: