08-1048WITHDRAWN 10/01!08 Amended 9/17/08 Council �le # b�- �� �
Green Sheet # 3058774
RESOLUTION ' I �
� CITY OF SAINT PAUL, MINNESOTA �"t
by
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WI�REAS, Chapter 293 of the Saint Paul L.egislative Code was enacted to regulate the subject of
noise m the�City of Saint Paul; and
WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
contained in §293.(� upon a finding by the City Council that full compliance with Chapter 293 would
constitute an unreason ble hazdship on the applicant, other persons or on the community; and
WHEREAS, Jefferso�l Ave. Invest., dba Tavern On The Avenue, represented by Ted Anselme,
General Manager, who has b n designated as the responsible person on the applicatian, has applied for
a variance to present amplified usic outdoors at 825 Jefferson Avenue; and
WHEREAS, applicant is see g a variance for the hours of 7:00 p.m. to 12:00 midnight on
September 26 and 27, 2008; and
WHEREAS, if applicant is not gran ed a variance it will not be able to present live music outdoors
at 825 Jefferson Avenue; and
WHF.,REAS, the Department of Safety & spections has reviewed the application, including
previous event information, and compazed it to o er noise variances that were approved by the Counci]
and has made recommendations regazding conditio s for the variance; now, therefore, be it
RESOLVED, that the Council of the City of Sain2�Pau1 hereby grants a variance to Jefferson Ave.
Invest., dba Tavern On The Avenue, subject to the follow�g conditions:
1) The variance shall be for the hours of 7:00 p.m. to 1�00 p.m. on �egcet�����d 2-7 2008 at
825 Jefferson Avenue, and � October 3 and 4
2) All electronically powered equipment used in conjunction
dBA, as measured at 50 feet from the noise source, and
3) The applicant shall provide personnel and equipment who shall
monitoring at all stages and each sound mix during the hours of
4) All outdoor electronically powered equipment, PA systems, l
shall be turned off no later than 11:00 p.m. on the event dates
the event shali not exceed 85
�ide continuous sound level
variance; and
or similu devices
�6 and 27, 2008).
5) The stage and speakers shall be positioned facing north, away from nearby
properties.
�g-�o�l�
42 � FtJRTHER RESOLVED, that any violations of the conditions set forth above on the first event
43 da may result in revocation of the grant of a variance for the subsequent date, in addition to any
44 crim �al citation which might issue.
45
Requested by Department of Saf�y and Inspections
By: LV�n,1.1�1�t�-+uJ �}
Approved by the OfFice of Financial
By:
Apprqqed by City Atro��
By: �� �/�� Q��IL�%
Aonroved�bv f�1'ascor for Suhmnssio�
Adoptioa Certified by Council Secretary gy
By:
Approved by Mayor: Date
By:
Adopted by Council: Date
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet'Green Sheet �
o��la�g
DepartmenUoffice/councii: Date )nitiated: ;
$� -Dept.ofSafety&lnspections � 2�-A��-o8 �, Green Sheet NO: 3058774
Contact Person & Phone: ' �, Departmeirt Sent To Person InitiallDate
Mark Kaisersari � � � 0 beot ofSafetv & InsD�tions ___ ___
266-9147 � qssign . 1 UeotofSafety&Iospectioas DepartmentDirector __
Must Be on Council Agenda by (Date): ��, Number �
17-SEP-08 U�LlC �� � For 2 �CltYAttocney _ ___,___
- - - � � -- �� 1 �� � Routing 3 111avor's Otfice MavoNASSistaut ' ,__ _
Doa Type: RESOLUTION ' Order �, ; ounc0 '
E-DOCUment Requiretl: Y '� � 5 GtiN Cierk Cltv Clerk ___ _. .
i
Document Contact: Karen Olson I i
Contact Phone: 266-9143 ' 'i
Total # of Signature Pages _(Clip All Locations for Signature) `
Action Requested:
Approval of a resolution gran[ing 7efferson Ave. Invest., dba Tavem On The Avenue, an exemption from the sound leve] limitations
m Chapter 293.�9, in order to present amplified music outdoors, with limitations, from 7:�0 p.m. to 12:Q0 midnight on September 26
and 27, 2008 at 825 3efferson Avenue.
Planning Commission
CIB Committee
Civil Service Commiss�on
1. Has this person/firm ever worked under a contract for this depadment?
Yes No
2. Has th(s persoNfiim ever been a city employee?
Yes No
3. Does this person�rm possess a skill not norcnally ppssessed by any
cuRent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Ptoblem, Issues, Opportunity (Who, What, When, Where, Why):
Chapter 293 11 provides for the granting of variances from the sound level limitations contained in Chapter 203.09.
Advantages If Approved:
Applicant may przsent amp]ified music.
Disadvantages H Approved:
Neighbors within eazsho[ of the noise source will be subjected to music.
Disadvantages If Not Approved:
Applicant may not present amplified music.
Transaction:
Funding Source:
F inancial lnformation:
(Explain)
CostlRevenue Budgeted:
Activity Mumber.
September 8, 2005 9:01 AM Page 1
Council File # v�' �� a
Green Sheet #3058'774
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Presented by
RESOLUTION
OF SAINT PAUL, MINNESOTA
�WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of
noise the City of Saint Paui; and
W AS, §293.11 provides for tbe granling of variances from the sound level limitations
contained in 293.09, npon a finding by tbe City Council that full compliance with Chapter 293 would
constitute an u�reasonable hazdship on the applicant, other persons or on the community; and
WHEREAS,�efferson Ave. Invest., dba Tavern On The Avenue, represented by Ted Anselme,
General Manager, w o has been designated as the responsible person on the application, has agplied for
a variance to present plified music outdoors at 825 Jefferson Avenue; and
WHEREAS, applica�az is seeking a variance for the hours of 7:00 p.m. to 12:00 midnight on
September 26 and 27, 2008;�and
�
WHEREAS, if applicant is'�ot granted a vaziance it will nQt be able to present live music outdoors
at 825 Jefferson Avenue; and �'�,
WHEREAS, the Department of Sa`Eety & Inspections has reviewed the application, including
previaus event informalion, and compare�t to other noise variances that were approved by the Council
and has made recommendations regarding couditions far the variance; now, therefore, be it
RESOLVED, that the Council of the Ciry o� Paul hereby grants a variance to Jefferson Ave.
Invest., dba Tavern On The Avenue, subject to the �ollowing conditions:
1) The variance shall be for the hours of 7:00 p.tir� to 11:00 p.m. on September 26 and 27, 2008 at
825 Jefferson Avenue, and �
2) All electronically powered equipment used in conjt
dBA, as measured at 50 feet from the noise source,
3) The applicant shall provide personnel and equipment who
monitoring at all stages and each sound mix during the ho
4) All outdoor electronically powered equipment, PA systems, l�
shall be tumed off no later than I 1:00 p.m, on the event dates
provide continuous sound level
the variance; and
5) The stage and speakers shall be positioned facing north, away from
properties.
with the event shall not exceed 85
:akers or similar devices
ember 26 and 27, 2408).
p��lb �$
DEPAR7'MEN7' OF SAFETY AND INSPECTIOIVS
Bab Kessler, Direcmr
CITY OF SAINT PAUL
Cl+r/stopher B. Coleman, Mayor
co,�xcaauu,�LVC rer��,�: asi-z�-so90
BFotvthStreetE.,SYdte200 .Facsimi7e� 65146b9174
Saiu Paul, AGinnuota 55 7 01-1 02 4 Web: www.stpaxtgovldci
M �� �.
Application for Sound Level Variance AUG 2'�
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislarive Code
1. Organization or person seeking vaziance: `j��f��� �'�� �" �� ��R �,�✓�Rn' d�%
2. Address: g�� J� FFE2Se-� ,Cj 'y; /'�,�u� r'NlU y�ro'Z
�����C
� ��qC
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l7�J'NKt,
3. Responsible person: '?"�'� �,�5�� � �-
4. Title or positian: ��: N�: s2t+ c- �1aU�a �� rZ
5. Telephone: ( ��� 1 �Z27•- �,3 f �
6. Briefly describe the noise source and equipment involved: Ot.�f"t�a�• t� C�ati" L��/� `T
7. Address or lega] description of noise source: �� y -.d t F�r �Sa ��+ +�J �
8. Noise source time of operation: �:�6�, ,,.,... ,j-��
9. Briefly describe the steps that will be taken to minimize the notse levels: 'i %��=E� �-+1r<< F3�
'�a`-�lr�R� r � �fF�ivlf e���'%r! , joS���r��� _��a`�� � o `�c:.�:lt�7 �+AJ7j
f.�c�rt'Pt'P>5 f:-l: �.,��i�i-tr�ioY2i4co77 � bUf,� vfJfCL !�'`ie' '%F/L%N"` i��T?i7f.1. Gi3� �'
10. Briefly state reason for seeking
11. Dates during which the variance is
Signature of responsible person:
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$150.00 fee to:
Office Use Only
vSPECTIONS
AA-ADA-EEO Emptoyer
Bate Rec'd.
Reviewed
Date Pub1ic Notice Sent
Referred to Cauncil
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"'e'�� (,� �� � �t� `�� /� �,� ��
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A
DSI RECEIPT
Date: 08l27l2008
Received From: JEFFERSON AVENUE INVESTMENTS fIJC dba: TAVERN ON 7HE AVENUE
825 JEPFERSON AVE ST PAUL MN 55162
Descrip8on:
Invoice Defaiis
621879
Noise Vartance
Invoice Amount
$'150.00
TOTAI AMOUNT PAID:
Paid By:
Page 1 of 9
CITY OF SAINT PAUL � �)
DepanmeM of Safery n (/ ��/1 J(
andlnspections (�O t� U
a Fourth Sbeet EasS Suits z0o
SairM1 Paul, Mmnesota 55ID14024
(65'I) 2�-909� Fas (651) 2669t24
wvnv.stpaW.gwltlsi
Amount Paid
$'150.00
$150.U0