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10-117CITY Presented by Council File # Q��� Green Sheet # 3095718 RESOLUTION SAINT P�1L, MINNESOTA I� WHEREAS, Chapter 293 of the 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 vaziances 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 8 WHEREAS, the Dubliner Pub, represented by Tom Scanlon, Owner, who has been designated as 9 the responsible person on fhe application, has applied for a variance to present amplified live music in an 10 outdoor tent at 2162 University Avenue W.; and 11 12 WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 12:00 midnight on 13 Mazch 16 and 17, 2010; and 14 15 16 17 18 19 20 21 22 23 24 ?5 26 ?7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, if applicant is not granted a variance it will not be able to present amplified live music at 2162 University Avenue VJ.; and WHEREAS, the Department of Safety and Inspections has reviewed the application and has made recommendations regarding conditions for the variance; now, therefare, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the Dubliner Pub, subject to the following conditions: 1) The variance shall be for the hours of 12:00 noon to 12:00 midnight on Mazch 16 and 17, 2010. 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. 3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at all stages between 12:00 noon to 12:00 midnight on March 16 and 17, 2010 to ensure compliance with Condition #2. 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, 2010. 6) Dubliner Pub will provide a minimum of ten (10) satellite restrooms. 7) Dubliner Pub will police any surrounding properties every hour for removal of debris. lo -I�� 42 FURTHER RESOLVED, that any violations of the conditions set forth above on the first date may 43 result in revocation of the grant of a variance for the subsequent date, in addition to any criminal citation 44 which might issue. Adopted by Council: Date �' 3� �� � Adoph 'fied ou ci] S e etary B Approved Ma r: Date �(� 7�/� By: � Requested by Department of Safery & Inspections /! BY �,� � Approved by the Office of Financial Services By: Approved by Ci�y Attomey By: � ^ � .�,,.,., Appro e n a r Subt � sion Council � By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUOffice/Council: Date Initiated: �4 '��� S � _ Dept_ofSafety&tnspections �5JAN2010 Green Sheet NO: 3095718 Contact Person & Phone: Mark Kaisersatt 266-1905 Must Be on CounGil Agenda by (Date): 03-FEB-10 �; ��i�"yQt9/�r Ooc_Type;RESOLUTION E-�ocument Required: Y � Document Contact: Karen Olson ConWCt Phone: 266-9143 � 0 1 Assign 2 Number 3 For Routing § Order 5 DeDartmen[ DirecCOc C7riAttomev — -- �� �� _ Vlayar(ASSistant _ _ , CitV Clerk _ _� � � _ _ ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: ^ A resolution granting the Dubliner Pub, represented by Tom Scanlon, Owner, exemption from the sound level limitations in Chapter 293.09. Recommendations Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Mswer the Following Questions: 1 Has this personffirm ever worked under a contrect for this department? Yes No 2 Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any wrrent aty employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, issues, Opportunity �Who, What, When, Where, Why): The Dublmer Pub, represented by Tom Scanlon, Owner, has requested an exemptron from the sound level LunitaGOns m ocdec to present ampl�fied iive music, with ]imitations, from 12:00 noon to 12:00 midnight on March 16 and 17, 201Q in an outdoor tent at 2162 Unrversiry Avenue W. Chapter 293.11 provides for the granting of vaziances from the sound leve] limitations contained in Chaptex 203 09. Advantages If Appro�ed: Applicant may present amplified live music. Disadvantages If Approved: Neighbors w�thin eacshot of the noise source will be subjected to amplified (ive music Disadvantages If Not Approved: Applicanf may not present ampl�fied live music. Total Amount of Transaction: Funding Source: Fi nancial Information: (Explain) January 15, 2010 829 AM CosURevenue BUdgeted: Activity Number: Page 1 DEPARTMENT OF SAFETY AND INSPECTIONS Bab Kessler, Dnector /� / I � A �� CITY OF SAINT PAUL Chststapher B. Colemm; M¢yor 375 Jackson Svee[, Sune 22D SarntPaul, Minnesota.iJ101-1806 Telephone 651-266-9090 F¢cs:mrle� 657-26G9124 Web www stpauLgov/dsi \ Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code � f1 ` i; 1 1 i 1 � � � � 4 ' 1. Or anization or erson seekin variance: � F � g P g ��.�1�.�1.s�;c �i �,� � 2. Address: \ 2 S \\�� � ` � i ' 3. Responsible person: ��e,m Sc L�� �, i 4. Title or position: C�vJ�r � 5. Telephone: M5\ ) Ln� � ��J1 6. Briefly describe the noise source and equipment involved: 'S'�0.�� S�� : Lt��1t� 7. Address or legal description of noise source: 10. Briefly state reason for seeking I 1. Dates during which the variance is Signature of responsible person: �Co -� �! F.� Ci � � 3' s� ' � � �,� ; ��� i � J� l w ,qz / � � $164.00 fee to: ,, ,. � ��, � � ��- i � ��° �,.�� , ��. � V � � Jazz 108.5 I —� AA-ADA-EEO Emplayer irzoo9 S`� 1 l� tl i � / r � i� �": l; l �_ t l`l' �Gnf��'"� 8. Noise source time of operation: '. OQ '— �, OO �w� � c( n; d d� 9. Briefly describe the steps that will be taken to minimi e the noise levels: � .�� �%l Sc�i,�hc�. 5�.��a �� �MQcO���Ce� �i n,. �rc,�2sS,c� �cvt�n DSI RECE�PT Date: 01/07l2070 Received From: THOMAS SCANLON dba: THE DUBLINER PUB 2162 UNIVERSITY AVE W ST PAUL MN 55114 Description: Invoice Details 677554 Noise Variance TOTAL AMOUNT PAID: Paid By: Page 1 of 1 I�voice Amount $164.00 CITY OF SAINT PAUL OeparMent af Safely entl Inspac4oni 3]5 Jackaon Sfreet Suite 220 SainlPaul Mimesot955101-iHp6 Phorie (65t126S8989 Fa�C (65t126G-9t24 wwwstpaul gov/tlsi iD'(l� Amount Paid $164.00 $164.00