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10-582Council File # �'�' S�l Green Sheet # 3111136 RESOLUTION SAINT PAUL, MINNESOTA O� �Z. Presented by 1 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, §293.09 provides for the granting of variances from the sound level limitations 5 contained in §293.07, upon a finding by the City Council that full compliance with Chapter 293 would 6 constitute an unreasonable hazdship on the applicant, other persons or on the community; and 9 10 ll 1? li I� IS 16 17 18 19 ?� 21 �� ; 24 ?� ?6 �7 �g �q 30 31 32 33 34 WHEREAS, BJPS Enterprises, Inc., dba Schroeder's Bar & Grill, represented by Paul Hauer, General Manager, who has been designated as the responsible person on the application, has applied for a variance to present amplified music in an outdoor tent at 605 Front Avenue; and WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 12:00 midnight on June 26, 2010; and WHEREAS, if applicant is not granted a variance it will not be able to present amplified music at 605 Front Avenue; 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 Schroeder's Bar & Grill, subject to the following conditions: 1) The variance shall be for the hours of 12:00 noon to 12:00 midnight on June 26, 2010. 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 shall 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 12:00 midnight on June 26, 2010. �o- 582. 35 FURTHER RESOLVED, that any violations of the conditions set forth above on the June 26, 2010 36 event date may result in denial of future requests for the grant of a noise variance, in addition to any 37 criminal citation which might issue. Requested by Department of Safety and Inspecrions �' ,E —, B " ��-�' Approved by the Office of Fmancial Services � Appro ity Atton�€y, By: ' �`1 Adopted by Council: Date � �� a Approved by� yor or mis � to unci] Adopho ifie b Co cil Secretary gy; By: � Approved �� yor:� Da �� 6(� By: L(�t, �0-582 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Department/Office/Councii: Date Initiated: S , Dept. of Safety & Inspections �2 MAY 2010 Gre Sheet NO: 3111136 Contact Person 8 Phone: � Department Sent To Person Initial/Date Mefk Kaiser5att � 0 Dent. ofSafeN & Insoectious _ _ _ __ _ _ _ 26f>-1 JD$ I Dent. ofSafeN & Insnecfions Department Director _'_ " —_ _ _ _ ____. . _—_— Assi9n — ___ _—_— _ Must Be on Council Agenda by (Date): Number 2 Citv Anornev _ Citv Attoruev .__ __ _ oz X�itRttiG For 3 Ma yor'sOfl'ice = _ _YlavodAssistant __ ___ _ - - - -- — — - � - — ----- Routing 4 Cou _ _ _. _ Ciri' Co uncil DoaType:RESOLUTiON Order 5 C=tv_Clerk _ __ CityClerk _ E-OOCUment Required: Y Document Contach Karen Olson Contact Phone: 266-9143 _ _. _ _ ______— __._—___ ___ _- — — __ _ — _ __ __ _ Total # of Signature Pages _(Cfip All Locations for Signafure) . _ — _ _' _ — ____ '— ____ _ --_—___. _ _ __ _ . _ ___ _ _ Action Requested: .Approvai of a resolution granting BJPS Enterprises, Inc., dba Schroeder's Baz & Grill, an exemption from the sound level limitat�ons m Chapter 293.OZ � Recommendations: Approve (A) or Reject (R): Plannmg Commission CIB Committee Civii Service Commission Persona! Service Gontracts Must Answer the Eol{owing Questions: 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normaily possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attacM to green sheet. Ini[iating Problem, Issues, Opportunity (Who, What, When, Where, Why): �� BJPS Enterprises, Inc., dba Schroedei s Bar & Gnll, represented by Patrick Hauer, has requested an exemption from the sound level limitations m Chapter 293 07 in order to present amplified music, with limitations, from 12:00 noon to 12:00 midnight on June 26, 2010 m an outdoor tent at 605 Front Avenue. Chapter 293.09 provides for the granting of variances from the sound level limitations contamed m Chapter 293.07. AdvantageslfApproved: Applmant may present amplified music. Disadvantages If Approved: Neighbors withm earshot of the noise source will be subjected to the amplified music. Disadvantages If Not Approved: Applicant may not present amplified music. Total Amount of � � Transaction: Funding Source: F i nancial Information: ,(Expfain) May 12, 2010 132 PM CostlRevenue Budgeted: Activity Num6er: �� ,e:, ��V � r`�.s'�`�--� ! Gi�$�.� Page 1 � � � —� 1v - 582 CIT'Y OF SAINT PAUL Chrsmpher B. Cotemnn, Mayor DEPARTMENT OF SAFETY AND INSPECIIOIJS Bob Kesrkr, Director 375 Jac.b�an Street, Swte 220 Samt Paul, Mirmesom SSI01-1806 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul I,egislative Code Organization or person seeking 2. 3. 4. Titleorposition: C�n+��RaL �(1Alli,� 5. Teleghone: ( �Sl 1 � c�� ' �6� 6. Briefly describe the noise source and equipment 7. Address or legal description of noise source: 8. Noise source time of 9. Briefly describe the steps that will be taken to minimize the noise levels: �niv�(1 u��_�' �� 1�7��1� `t n��A(G�R S�/ (fl� 1'!� i D ��t � L.fl�l �.Q� �'R� (�2�� px:r.�t�dL AR��1 10. Briefly state reason for seeking variance: `'AY147S,—�3�� 11J �P�66:1't MO f�.[s� 1 (� � ri� � T '� � i A � 1 n�r^- t�rS 1 l. Dates during which the variance is requested: �U n\E ��. ��y t� Signature of responsible person: _ /.� Date:_�f.L� /�� Return completed Application and $164.00 fee to: CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS 375 JACKSON STREET, SUTTE 220 SAINT PAUL, MN 55101-1806 (651) 266-9090 AA-ADA-EEO Employer r Dat Re� Dat Ref � � �I, 1 Telephorte: 651-266-9090 Fac.nmile: 651 16 6-91 24 Web www.stpaulgw/dsi � L`� ��. S "�� Jw � �Mt C9Jdu-L ii� � � � QC ' o ,� � .3 I Jazz 108.5 � _1 l o - S'31 'S BAR & GRILL 605 Front Avenue St. Paul, MN 55117 651 489-9633 May 6, 2010 Mazk Kaisersatt City of St. Paul Department of Safety & Jnspections 375 Jackson St., Suite 220 St. Paul, N�V 55101 Dear Mr. Kaisersatt: As per our phone conversarion of the other day, enclosed is a completed Sound Level V ariance Application, our check in the amount of $164.00 to cover the application fee and a copy of a letter from the District 6 Planning Council reciting theu unanimous approval of our event. Please contact me at 651 489-9633 should you have any quesrions or need any addirional information. Thank you. Sincerely, Schroeder's Baz & Grill � Patnck � uer DSI RECEIPT Date: 05/07/2010 Received From: BJPS ENTERPRISES INC dba: SCHROEDER'S BAR & GRILL 7582 CURRELL BLVD STE 111 WOODBURY MN 55125-82'12 Description: fnvoice Details 690238 Noise Vanance TOTAL AMOUNT PAID: Paid By: Page 1 of 9 Invoice Amount $164.00 �O- S 62 CITY OF SAINT PAUL Oeparime�n W Safety antl Inspechons 375 darkson Sheet Surte 92� Sai`rtPaul,Minnesola55101 i8W Phone (65t)266-8989 Fax.(651)2669124 ww.v stpwl gov/tlsi Amount Paid $164.00 $164.00 Council File # �'�' S�l Green Sheet # 3111136 RESOLUTION SAINT PAUL, MINNESOTA O� �Z. Presented by 1 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, §293.09 provides for the granting of variances from the sound level limitations 5 contained in §293.07, upon a finding by the City Council that full compliance with Chapter 293 would 6 constitute an unreasonable hazdship on the applicant, other persons or on the community; and 9 10 ll 1? li I� IS 16 17 18 19 ?� 21 �� ; 24 ?� ?6 �7 �g �q 30 31 32 33 34 WHEREAS, BJPS Enterprises, Inc., dba Schroeder's Bar & Grill, represented by Paul Hauer, General Manager, who has been designated as the responsible person on the application, has applied for a variance to present amplified music in an outdoor tent at 605 Front Avenue; and WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 12:00 midnight on June 26, 2010; and WHEREAS, if applicant is not granted a variance it will not be able to present amplified music at 605 Front Avenue; 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 Schroeder's Bar & Grill, subject to the following conditions: 1) The variance shall be for the hours of 12:00 noon to 12:00 midnight on June 26, 2010. 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 shall 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 12:00 midnight on June 26, 2010. �o- 582. 35 FURTHER RESOLVED, that any violations of the conditions set forth above on the June 26, 2010 36 event date may result in denial of future requests for the grant of a noise variance, in addition to any 37 criminal citation which might issue. Requested by Department of Safety and Inspecrions �' ,E —, B " ��-�' Approved by the Office of Fmancial Services � Appro ity Atton�€y, By: ' �`1 Adopted by Council: Date � �� a Approved by� yor or mis � to unci] Adopho ifie b Co cil Secretary gy; By: � Approved �� yor:� Da �� 6(� By: L(�t, �0-582 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Department/Office/Councii: Date Initiated: S , Dept. of Safety & Inspections �2 MAY 2010 Gre Sheet NO: 3111136 Contact Person 8 Phone: � Department Sent To Person Initial/Date Mefk Kaiser5att � 0 Dent. ofSafeN & Insoectious _ _ _ __ _ _ _ 26f>-1 JD$ I Dent. ofSafeN & Insnecfions Department Director _'_ " —_ _ _ _ ____. . _—_— Assi9n — ___ _—_— _ Must Be on Council Agenda by (Date): Number 2 Citv Anornev _ Citv Attoruev .__ __ _ oz X�itRttiG For 3 Ma yor'sOfl'ice = _ _YlavodAssistant __ ___ _ - - - -- — — - � - — ----- Routing 4 Cou _ _ _. _ Ciri' Co uncil DoaType:RESOLUTiON Order 5 C=tv_Clerk _ __ CityClerk _ E-OOCUment Required: Y Document Contach Karen Olson Contact Phone: 266-9143 _ _. _ _ ______— __._—___ ___ _- — — __ _ — _ __ __ _ Total # of Signature Pages _(Cfip All Locations for Signafure) . _ — _ _' _ — ____ '— ____ _ --_—___. _ _ __ _ . _ ___ _ _ Action Requested: .Approvai of a resolution granting BJPS Enterprises, Inc., dba Schroeder's Baz & Grill, an exemption from the sound level limitat�ons m Chapter 293.OZ � Recommendations: Approve (A) or Reject (R): Plannmg Commission CIB Committee Civii Service Commission Persona! Service Gontracts Must Answer the Eol{owing Questions: 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normaily possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attacM to green sheet. Ini[iating Problem, Issues, Opportunity (Who, What, When, Where, Why): �� BJPS Enterprises, Inc., dba Schroedei s Bar & Gnll, represented by Patrick Hauer, has requested an exemption from the sound level limitations m Chapter 293 07 in order to present amplified music, with limitations, from 12:00 noon to 12:00 midnight on June 26, 2010 m an outdoor tent at 605 Front Avenue. Chapter 293.09 provides for the granting of variances from the sound level limitations contamed m Chapter 293.07. AdvantageslfApproved: Applmant may present amplified music. Disadvantages If Approved: Neighbors withm earshot of the noise source will be subjected to the amplified music. Disadvantages If Not Approved: Applicant may not present amplified music. Total Amount of � � Transaction: Funding Source: F i nancial Information: ,(Expfain) May 12, 2010 132 PM CostlRevenue Budgeted: Activity Num6er: �� ,e:, ��V � r`�.s'�`�--� ! Gi�$�.� Page 1 � � � —� 1v - 582 CIT'Y OF SAINT PAUL Chrsmpher B. Cotemnn, Mayor DEPARTMENT OF SAFETY AND INSPECIIOIJS Bob Kesrkr, Director 375 Jac.b�an Street, Swte 220 Samt Paul, Mirmesom SSI01-1806 Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul I,egislative Code Organization or person seeking 2. 3. 4. Titleorposition: C�n+��RaL �(1Alli,� 5. Teleghone: ( �Sl 1 � c�� ' �6� 6. Briefly describe the noise source and equipment 7. Address or legal description of noise source: 8. Noise source time of 9. Briefly describe the steps that will be taken to minimize the noise levels: �niv�(1 u��_�' �� 1�7��1� `t n��A(G�R S�/ (fl� 1'!� i D ��t � L.fl�l �.Q� �'R� (�2�� px:r.�t�dL AR��1 10. Briefly state reason for seeking variance: `'AY147S,—�3�� 11J �P�66:1't MO f�.[s� 1 (� � ri� � T '� � i A � 1 n�r^- t�rS 1 l. Dates during which the variance is requested: �U n\E ��. ��y t� Signature of responsible person: _ /.� Date:_�f.L� /�� Return completed Application and $164.00 fee to: CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS 375 JACKSON STREET, SUTTE 220 SAINT PAUL, MN 55101-1806 (651) 266-9090 AA-ADA-EEO Employer r Dat Re� Dat Ref � � �I, 1 Telephorte: 651-266-9090 Fac.nmile: 651 16 6-91 24 Web www.stpaulgw/dsi � L`� ��. S "�� Jw � �Mt C9Jdu-L ii� � � � QC ' o ,� � .3 I Jazz 108.5 � _1 l o - S'31 'S BAR & GRILL 605 Front Avenue St. Paul, MN 55117 651 489-9633 May 6, 2010 Mazk Kaisersatt City of St. Paul Department of Safety & Jnspections 375 Jackson St., Suite 220 St. Paul, N�V 55101 Dear Mr. Kaisersatt: As per our phone conversarion of the other day, enclosed is a completed Sound Level V ariance Application, our check in the amount of $164.00 to cover the application fee and a copy of a letter from the District 6 Planning Council reciting theu unanimous approval of our event. Please contact me at 651 489-9633 should you have any quesrions or need any addirional information. Thank you. Sincerely, Schroeder's Baz & Grill � Patnck � uer DSI RECEIPT Date: 05/07/2010 Received From: BJPS ENTERPRISES INC dba: SCHROEDER'S BAR & GRILL 7582 CURRELL BLVD STE 111 WOODBURY MN 55125-82'12 Description: fnvoice Details 690238 Noise Vanance TOTAL AMOUNT PAID: Paid By: Page 1 of 9 Invoice Amount $164.00 �O- S 62 CITY OF SAINT PAUL Oeparime�n W Safety antl Inspechons 375 darkson Sheet Surte 92� Sai`rtPaul,Minnesola55101 i8W Phone (65t)266-8989 Fax.(651)2669124 ww.v stpwl gov/tlsi Amount Paid $164.00 $164.00