09-1160Council File #� )q-/I1�0
Green Sheet # 3082677
RESOLUTION
OF S/�INT PAUL, M
Presented by
►I
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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
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WHEREAS, Gabe's Roadhouse, represented by Mike Rice, General Manager, who has been
designated as the responsible person on the application, has applied for a variance to present live music
in an enclosed tent at Gabe's Roadhouse, 991 Lexington Parkway N.; and
WHEREAS, applicant is seeking a variance far the hours of 7:00 p.m. until 1:00 a.m. on
October 30 and 31, 2009; and
WHEREAS, if applicant is not granted a variance it will not be able to present live music at Gabe's
Roadhouse; and
WHEREAS, the Department of Safety and Inspections 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
Roadhouse, subject to the following conditions:
1) The variance shall be for the hours of 7:00 p.m. to 12:00 midnight on October �0 and 31, 2009.
2) All electronically powered equipment used in conjunction wiYh the event shall not exceed 95
dBA, as measured from the interior of the tent opposite the stage.
3) The applicant shall provide personnel and equipment that shall provide continuous sound level
monitoring between ihe hours of 7:00 p.m. to 12:00 midnight on October 30 and 31, 2009 to
ensure compliance with Condition Number 2.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than 12:00 midnight on October 30 and 31, 2009.
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FURTHER RESOLVED, that any violations of the conditions set forth above on the first date may
result in revocation of the grant of a variance for the subsequent date, in addition to any criminal citation
which might issue.
Adopted by Council: Date ���1`/�Q`j
Adoption Certified by Coun il Secretary
By: //! �, i�
Approved M Date %� � (f�
BY C�/UfG7�lt�d` ' �
Requested by Department o£ Safety & Inspections
BY� �i �"y L.,
�ns
Approved by the Office of Financial Services
By:
Appro Ciry Attorney
B y' ���-6 -
Approved by Mayor for / Su�b n mission to Counci]
By: ,/�l/'�-»f�i� //' 7�< ��- /O-t��b�
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenUOffice/Cou�cil; ' Datelnitiated: " `
S� _Dept.ofSafety&Inspections � 050CT2009 Green Sheet NO: 3082677
Contact Person & Phone:
Mark Kaisersatt
266-1905
Must Be on Councii AgenUa by (Date): �
2 �UBLIG � ( ( �
Doc. Type: RESOLUTION
�
Assign
Number
For
Routing
Order
0 �Dept. utSaferi & I¢spection: _
1 Deot of SafetV & Inspecfiovs Denardn¢nt Director
2 'City Atto[nev � 7—
3 MayoCSOfLCe Mayor/ASSistant /OLF � ar �
4 Council _
5 (,5tv Clerk _ Citv Clerk
E-DOCUment Required: Y
Document Contact: Karen Oison
Contact Phone: 266-9'143
Total # of Signature Pages _(Clip All Locations for Signature) �
Action Requested: �-
Approva] of a resolution grantmg Gabe�s Roadhouse, represented by Mike Rice, Genexal Manager, an exemption from the sound
level ]imitations in Chapter 293.09, in order to present live music, with limitations, from 7:00 p.m. ta�},&0 a.m. on October 30 and
31, 2009 m an enclosed tent at 991 Lexington Parkway N. 11.�ap
Recommendations: Approve (A) or Reject (Rp
Planning Commission
_. _ CIB Committee
Civil Service Commission
Persanal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department�
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
, Chapter 293.11 provides for the granring of vaziances from the sound level limitations contained in Chapter 203.09.
AdvantageslfApproved:
Applicant may piesent ]ive music.
Disativantages If Approved:
�, Neighbors within earshot of the noise source will be subjected to music.
Disadvantages If Not Approved:
Applicant may not present ]ive music.
Total Amount of
Transaction:
Funding Source:
Financial information:
(Explain)
CosURevenue Budgeted:
Activity Number:
October 5, 2009 136 PM Page 1
DEPARTMFNT OF SAFEI'Y AND L"1SPE(.°IfONS
Bob Xessler, Directar �' t�� D
CTTY OF SAINT PAUL
Chr"tstopher B. Coleman. Mayor
375 J¢ckson Sireet. Suve 220
Saint Paul. Minnesora 55101-1806
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislarive Code
1. Organization or person seeking
2. Address: ��� N ���
3. Responsible
4. Title or posi
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7. Address or legal description of noise source:
1.%
S�.P.;,I. M�L bCif�
bG'��
8. Noise source time of operation: �' � w� - ���^^
9. Briefly describe the steps that will be taken to minimize the noise levels: i�+,v s� � �^'��� �de-
iv. a1,h '(�fi�. 0 S 2G� ��'
10. Briefly state reason for seeking variance: �t13. c�� k�i "`t �. �N11 Q�.'c,..,.� �+^ �'
ll. Dates during which the variance is
Signature of responsibie persan:
i013�10� — �0����
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Return completed Application and $164.00 fee to:
CITY OF SAINT PAUL
DEPARTMENT OF 5AFETY AND INSPECTIONS
375 JACKSON STREET, SUITE 220
SAINT PAUL, MN 55201-1806
(651) 266-9090
AA-ADA-EEO Employet
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TelepFmne: 65]-266-9090
Fncsimile: 651-266Al24
Web: wwwslpauLgav/dsi
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6. Briefly describe the noise source and equipment involved �.U� �"'� �� �- �"`w� �
a -�3 ;,� 1.`�, ww�;� �,nS;al.e, cr�- ��.