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08-535Council File # /�Q ��?�� Green Sheet # 3GS 3 i 70 RESOLUTION OF SAINT PAUL. MfNNESOTA Presented by � 1 WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the sub}ect of 2 noise in the City of Saint Paul; and , � 4 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations 5 contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would 6 constitute an unreasonable hardship on the applicant, other persons or on the community; and 7 8 WHEREAS, Schroeder's Bar & Grill, represented by Thomas C. Trudeau, General Manager, who 9 has been designated as the responsible person on the application, has applied for a variance to present 10 live music at 605 Front Avenue; and 11 12 WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 11:30 p.m. on June 20, 13 21, & 22, and July 26 & 27, 2008; and 14 1� 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, if applicant is not granted a variance it will not be able to present live music at 605 Front Avenue; and WHEREAS, the Department of Safety and Inspections has reviewed the application and has made recommendations regazding conditions for the variance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Minnesota Swann, subject to the following conditions: 1) The variance shall be for the hours of 12:00 noon to 1130 p.m. on June 20, 21, & 22 and July 26 & 27, 2Q08. 2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA, as measured at the closer of the sound mix or 50 feet from the noise source. 3) The applicant sha11 provide personnel and equipment who shall provide continuous sound level monitaring at all stages and each sound mix during the hours of the variance. 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than ll:30 p.m. on all June 20, 21, & 22 and 7uly 26 & 27, 2008. � � 535 36 FURTHER RESOLVED, that any violations of the conditions set forth above on the June 20, 21, & 37 22 and July 26 & 27, 2008 dates may result in denial of future requests for the grant of a noise variance, 38 in addition to any criminal citation which might issue. Requested by Department of Safety & Inspections B Y� ___�-E.�-b' '�i��k'X�i Bob Kessler, Duector ACjo� By: � App: By: Form Approved by City Attomey� }� ( By: �� ccEi�1J � �-M.� Approved a for Submission to Council r By: Adopted by Council: Date 5 �'� 1�i _T—�-- � Green Sheet Green Sheet Greer► Sheet Green Sheet Green Sheet Green Sheet � b8'��S DepartmenUofficelcouncil: , Date Initiated: � S , -��ofsaf�,����;o� 3o-�R-08 ' Green Sheet NO: 3053170 Contad Person & Phone: � Mark Kaisersatt 266-9147 Must Be on Council Agenda by (Date): } 21-MAY-08 � : Doc. Type: RESOLUTION E-Document Required: N DocumeM Contact: Corhact Phone: � I, Assign i Number i For ! Routing ! Order Total # of Signature Pages _(Clip All Locations for Signature) 0 Dept of SafeN & Inspecaons 1 �pept of SafeN & Inspections Department D'vector 2 �Cl'N Attornev 3 �Ylavor's Office Mavor/ASS�sfant 4 iCouvcil 5 'CStv Clerk City Clerk Approval of a resolution granting Schroeder's Bar & Grill, represented by Thomas C. Trudeau, General Manager, an exemprion from the sound level limitations in Chapter 293.09, in order to present live musiq with limitations, from 12:00 noon to 11:30 p.m. on Sune 20, 21, & 22 and July 26 & 27, 2008 at 605 Front Avenue. idations: Approve (A) or R� Planning Commisslon CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a conVact for fhis departmenY? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, 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. AdvantageslfApproved: '� Applicant may pzesent live music. , DisadvantageslfApproved: Neighbors within earshot of the noise source will be subjected to music. Disadvantages If Not Approved: Applicant may not present live music. Transaction: Funding Source: Financial Informati on: (Explain) CosVRevenue Budgeted: Activity Num6er. April 30, 2008 930 AM Page 1 DSI r�ECEIPT Date: 04/21/2008 Received From: BJPS ENTERPRISES INC dba: SCHROEDER'S BAR & GRILL 4838 CROWN LANE WOODBURY MN 55129 Description: Invoice Details 597297 Noise Variance TOTAL AMOUNT PAID: Paid By: Page 1 of 1 Invoice Amount $150.00 CITY OF SAINT PAUL DeparVnent of Safery andlnspecUOns 8 FouM Sveet Easf, Suite 200 Saint Paul, Mtnnesota 5510}_}p24 (S51) 26&9090 Fas (651) 266-9124 wwv+stpauLgov/tlsi D�-�;-��" Amount Paid $150.00 $150.00 D Districfi 6 Planning Council www.districtbstpaul.org March 25, 2008 b � ���5 213 Front Avenue Saint Paul, MN 55117 651-488-4485 fax: 651-488-0343 d istri ctb @qwestoff ice. n et RE: Schroeder's Bar & Restaurant - Extension of Services & Noise Vqriance for Music, for annual rib cook-off 6/20/08-6/22/08. On March 25; 2008 the`Land Use Task Force rriet to discuss the above event, planned to" take place outside, with outdoor music the weekend of June 20+n_22na. The task force uo#ed to approve the request as presented. If there are ariy further questions or cancerns frorrr any of the parties involved, Distric# b Planning Ct�uncil can.,be reached at (651) 488-4485. Thank you. Jeff Martens Jeff Martens, Land Use Task Force Chair District 6 Planning Council