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09-141Council File # 09—/�/ Green Sheet#3066125 OF 10 il 12 13 14 15 16 17 18 19 20 21 22 ?3 24 25 26 ?7 ?g ?9 Presentad by RESOLUTION PAUL, MINNESOTA 3lv WHEREAS, Chapter 293 of the Saint Paul Legislarive 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 hazdship on the applicant, other persons or on the community; and WHEREAS, the Dubliner Pub, represented by Tom Scanlon, President, who has been designated as the responsible person on the application, has applied for a variance to present amplified live music at 2162 University Avenue W.; and WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. to 12:00 midnight on March 16, and from 3:00 p.m. to 12:00 midnight, on March 17, 2009; and WHEREAS, if applicant is not granted a variance it will not be able to present amplified tive music at 2162 University Avenue W.; and WHEREAS, the Department of Safety and Inspections has reviewed the application and has made recomniendations regazding conditions for the variance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the Dubliner Pub, subj ect to the following conditions: 1) The variance shall be far the hours of 6:00 p.m. to 12:00 midnight on March 16, and from 3:00 p.m. to 12:00 midnight on March 17, 2009. 2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA, as measured inside the tent at the wall opposite the stage. 30 3) The applicant sha11 provide pezsonnel and equipment who shall provide continuous sound level 31 monitoring at all stages between 6:00 p.m. to 12:00 midnight on March 16, and from 3:00 p.m. 32 to 12:00 midnight on Mazch 17, to ensure compliance witb Condition #2. , -, » 34 �J 36 37 3$ 39 40 41 4) Amplifiers and speakers in the tent shall be directed away from the hotel and face west into the south portion of the Dubliner Pub parking lot. 5) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than midnight on March 16 and 17, 2009. 6) Dubliner's Pub will provide a minimum of ten (10) satellite restroosns. C� 9- I�l 42 7) Dubliner's Pub will police any surrounding properties every hour for removal of debris. 43 44 FURTHER RESOLVED, that any violations of the conditions set forth above on March 16 and 17, 45 2008, dates may result in denial of future requests for the grant of a noise variance, in addition to any 46 criminal citation which might issue. Bostrom Carter Harris ``°' LV6 y' """°` Requested by Deparhnent of Safety & Inspections ` `/F�J. A�, lT �'�v-� '_ �/ By: � A a � ✓ Approved by the ffice of F\ an ial ervices � BY� �" cti^ � ✓ ,/ Approved by Ci Attorney ✓ By: . - - Adopted by Council: Date ��� Adopfion Certified by Co� cil Secretary BY _.. i / Approved b yer : Date / 7.� B�: � '� z Approved Mayor for Submission to Council BY� �X�c>.,cn�� o�-��� � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � OepartmentlOffce�Council: � Date Initiated: s � °ePt.ofSafeTy���sPe��o^S , 6-�AN-o9 Gr Sheet NO: 3066125 Contacl Person & Phone: �eoartment Sent To Person Initial/Date MarkKaisefsatt 0 DeotofSafeN&Insue __ _ 266-1908 1 Dent ofSaferi & Insvections De partment Director _ Assign 2 CitvAnomev --_ _--� �-����_----- Must Be on Council Agenda by (Date): Number ; y1ayoYs Oft3ce � M 04-FEB-09 !t�GCBL/�--f�E/}}°�N(� For -- - ----__ -- -- - Routing 4 Couacil _ _ _ _ _ Doa Type: RESOLUTION Order , 5'Ciri Clerk Citv Clerk ^__ _ _ E-DOCUment Required: Y Document Contact: Karen Olson Contact Phone: 266-9143 � Total # of Signature Pages _(Ciip All Locations for Signature) ^ Action R¢ques[ed: � � Approval of a resolution granting the Dubliner Pub, represented by Tom Scanloq President, an exemption from the sound level limications in Chapter 293.09, in order to present amplified live music, with limitations, from 6:00 p.m. to 12:00 midnigh[ on March I6, and from 3:00 p.m. to 12:00 midnight on Mazch 17, 2009, at 2162 Universiry Avenue W. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has ihis persoNfirm ever worked under a contract for this departmenY? Yes No 2. Has this personffirm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any wrrent city employes? Yes No Explain all yes answers on separate sheet and attach to green sheet. _ __ _-_ _.._- _._- --_�_ —_ ___ -- ___ -_ ._ Initiating Problem, Issues, Opportunity (Who, What, When, Whxe, Why): Chapter 293.11 provides for the granting of vaziances from the sound level limitarions contained in Chapter 203.09. Ativantages If Approved: Applicant may present amplified hve music. Disadvantages 1f Approved: Neighbors within earshot of the noise source will be subjected to amplified live music. Disadvanfages lf Not Approved: Applicant may not present amphfied live music. Total Amount of Transaction: Funding Source: Fi nanci al I nformation: (Explain) January 16, 2009 11;28 AM CostlRevenue Budgeted: Activity Number: Page 1 G9- iy / CITY OF SAINT PAUL Chrismpher B. Coleman, Maya� DEPARTMEiJ7 OF SAFETY lSiD INSPECI"[ONS Bob Kusler, Dirutar 375 Jackson Street, Suiie 220 Sain: Paul, Minnuata 55l0l-1806 Telephone: 651-266-9090 Facsimtle: 651-2669124 Web: www.s2aut.� /� ������� � �� ��� �e� Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislarive Code o�Glyiv Gv..� r '> — i NG �,��_ �:- G 1. Organizarion or person see variance:' � 1�1 /3 .{� P_i � i nJ v—i' 2. Add:ess: � � �o �. Gl.vwt.--e�P./1v�f 3. Responsible person: `� 4. Title or position: 0�� 5. Telephone: ( � S ! ) � � 6 — � S ` 6. Bnefly describe the noise source and equipment 7. Address or legal descriprion of noise source: oC / C'� �— la /� ✓ " � / �G6 8. Noise source time of operation: 3" ��o' �O � "— � 9. Briefly describe the steps that�will be taken to minimize the noise levels 10. Bnefly state reason for seeking 11. Dates during which the variance is Signature of responsible person: Return completed Application and $154.00 fee to: CITY OF SAIlVT PAUL DEPARTMENT OF SAFETY A1�D INSPECTIONS 375 JACKSON STREET, SUTTE 220 SAIlVT PAiIL, MN 55101-1806 (651) 266-9090 ,_(i HN STil�f , �� � ��K�jc �� 1 �� �� S < <�i a� f' a7 /Ei' /� - �� Do��'I � l�2 �l2 �� ���P C�,�T� l2�i_ • �-� -4-L�� , �/CcC �� � , , _ - J6-D Date: � ---' r �_._ � � Of£ce Use Only I Date Rec'd. Reviewed Date Public Notice Sent Referred to Council AA-ADA-EEO Employer 09-/�11 DSi RECEIPT Date: 01/7 5/2009 Received From: SCANLON'S PUB INC dba: DUBLINER PUB 2162 UNIVERSITY AVE W ST PAUL MN 551'14'IS20 Description: Invoice Details 637154 Noise Variance TOTAL AMOUN7 PAID: Paid By: �Payment Type Check # Received Date Amount �heck 5321 01/15/2009 $150.00 Invoice Amount $150.00 CITY OF SAINT PAUL Oeparlme[it of Safety entl Inspections 3�5 Jackson SVeet Smte 220 Savrt Paul. Minnewh 551014806 Phone (65i)266-9050 Faz (651)265-9t24 wu+v.slpauLgov/dsi Amount Paid $150.00 $15Q.00 Page 1 of 7