09-700Council File # �-'f�
Green Sheet# 3071479
C
Presented by
RESOLUTION
SA(NT PAUL, MtNNESOTA
3p
WHEREAS, Chapter 293 ofthe Saint Paul Legislative Code was enacted to regulate the subject of
2 noise in the City of Saint Pau1; and
4 WHEREAS, §293.11 provides far the granting of variances from the sound Ievel limitations
� 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
8 WHEREAS, Cherry's Minnehaha Tavern, Inc., dba The Cherry Pit, represented by Nicole Cherry,
9 Owner, who has been designated as the responsible person on the application, has applied for a variance
10 to present live music in a tent at 73� White Bear Avenue N.; and
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WHEREAS, applicant is seeking a variance for the hours of 8:00 p.m. to 1130 p.m. on July 11,
2009; and
WHEREAS, if applicant is not granted a variance it wi11 not be able to present the live music at
735 White Bear Avenue N.; and
WHEREAS, the Department of Safety & Inspections has reviewed the application and compared it
to other noise variances that were approved by the Council 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 vaziance to The Cheny Pit,
subject to the following conditions:
1) The variance shall be for the hours of 8:00 p.m. to 11:30 p.m. on July 11, 2009, at
735 White Bear Avenue N.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90
dBA, measured inside of the tent at the wall opposite the stage or sound mix.
3) The applicant shall provide personnel and equipment for continuous sound level monitoring
between 8:00 p.m. and 11:30 p.m. on July 11, 2009 to ensure compliance with
Condition #2.
4) All electronically powered equipment, PA systems, loudspeakers or similaz devices shall be
turned off no later than 11:30 p.m. on the event date (July 11, 2009).
� �ov
37 FURTHER RESOLVED, that any violations of the conditions set forth above on the July 11, 2009
38 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal
34 citation which might issue.
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Request d by Dep� ^ afety and Ins ecrions
// _ _ �
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Approved by the Office of Financial Services
By:
Appr City Attomey
By: � ` � � 4-.��
Approved by Mayor for Submission to Co�
Adoption Certif� Counci Secretary By:
BY� /J1/id /l.iC Sd2
Appioved M yt� ate � 7i p9,
BY� V I�ti 4
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
kpartmenUOfficelCouncil: Date Initiated: " ✓ "" �
S� _Dept.ofSafety8lnspections �,�,,�N-09 i Green Sheet NO: 3071479
ConWct Person & Phone:
Mark Kaisersatt
266-1908
Must Be on Council Agenda by (Date):
01-JUL-09
Doc. RESOLUTION
E-DocumeirtRequired: Y
Document Contact: Karen Olson
Contact Phone: 266-9143
�
Assign
Number
For
Routing
Order
0 ept ofSafery & Inspections � !
1�peot of Safetv & Inspecdans Departm� -- ent Director j
z - Attorne �-�
3 aroCs Office I MaVOdASSistant
4 uncil � ---�
5 Clerk Cti Clerk
7oWl # of Signature Pages _(Clip All Locations for Signature)
�
Approval of a resolution granting Cherry's Minnehaha Tavem, Inc, dba The Cherry Pit, an exemption from the sound level
limitations in Chapter 293.09, in order to present live musiq with limitafions, from 8:00 p.m. to 11:30 p.m. on July 11, 2009 in a tent
at 735 White Bear Avenue N.
Recommendafions: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this perso�rm ever worked under a contrad for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
wrrent city employee?
Yes No
Explain all yes answers on separate sheet and altach to green sheet.
Initiating Problem, Issues, OppoRuniry (Who, Whaq When, Where, Why);
Chapter 29311 provides for the granting of variances from the sound level limitations contained in Chapter 203.09.
AdvanWges IfApproved:
Applicant may present live music.
Disadvantages lf Approved:
Neighbors within earshot of the noise soutce will be subjected to music.
DisadvanWges If Not Approved:
Applicant may not present live music.
Total Amount of
Transadion:
Funding Source:
Financial Information:
(Exptain)
CostlRevenue Budgeted:
Activity Number.
June 25, 2009 12:32 PM Page 1
DEPAR7'ME1JT OF SA£ETY AND INSPECTIONS
Bob Kessler, Direclor /�(��)�
V ( (
CI1'Y OF SAINT PAUL 375 Iockson Saee� Sul[e 220 Telephone: 651-266-9090
CFvrrtopher H. Colemmn, M¢yor Sauu Paul, Mirsnesam 5510l-1806 Facshrsi[e: b51-2669124
Y/eb: ivww.stpauLgov/dri
�"' ` ` S
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
1. Organ�zation or r,erson seeking variance: L��
2. Address: �3_`i l✓�l/�
3. Responsible person: %�c°!1 ��i � P/
4. Title or position: �ll///.��
5. Telephone: ( ) �is� - ��� — S !
6. Briefly describe the noise source and equipment
/�w..� YJ � i ,� ._
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7. Address or legal description of noise source:
8. Noise source time of operation: <
9. Briefly describe the steps that will be
10. Briefly state reason for seeking
11. Dates during which the vazTance is
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Signature of responsible person�( -'' Date: ,��� '�1�G1
Return completed Application and
CITY OF SAINT PAUL
DEPARTMENT OF SAFETY AND I
375 JACKSON STREET, SUITE 220
SAINT PALTL, MN 55101-1806
(651)266-9090
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to m�inimize the noise levels:
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DSI RECEIPT
CITY OF SAINT PAUL
oeoemms otserery s�a �r�sceams
375 Jatlam Street Swte I20
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Phontt (85'I) 266 J090 fa (651) 266-9t24
wiMSlpaW.gw/tm
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Date: 06104120D8
Receivetl From: CHERRY'S MINNEHAHA TAVERN 1NC dba: THE CHERRY PIT
735 WHffE BEAR AVE S7 PAUL MN 551tI6
Descriptinn_
invoice Oetails
65213t
Noise Variancs
TOTAL AMOUNT PAtD:
Paitl By.
aymeM Type Check #
Received Date � AmouM
Invoice AmouM
$184.00
Amount Paitl
$164.00
$164.00
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