01-1262QRIGi�IAL
Presented By
Referred To
Council File # O l— �.1.�. a.
Green Sheet # �O'3'�. $ �
RESOLUTION
CITY OF SAINT PAUL,IVIINNESOTA 3 �
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Comxnittee: Date
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 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 an applicant, other
persons or on the community; and
WHEREAS, Scanlon's Pub, Inc, represented by Tom Scanlon,
President, who has been designated as the responsible person on
the application, has applied for a variance to allow live music
at 2162 University Avenue, on March 15, 16 and 17, 2002; and
WHEREAS, applicant is seeking a variance for the hours of
6:00 p.m. to midnight on March 15, 2002 and noon to midnight on
March 16 and 17, 2002; and
WHEREAS, if applicant is not granted a variance it will not
be able to present the live music; and
WHEREAS, the Office of License, Inspections, and
Environmental Protection 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 Scanlon's Pub, subject to the following
conditions:
1) The variance shall be for the hours of 6:00
p.m. to midnight on March 15, 2002 and from
noon to midnight on March 16 and 17, 2002.
2) All electronically powered equipment used in
conjunction with the event shall not exceed
95 dBA as measured at the wall opposite the
stage.
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3) The applicant shall provide personnel and
equipment who shall provide continuous sound
level monitoring between 6:00 p.m. and
midnight on March 15, 2001 and between noon
and midnight on March 16, and 17, 2002 to
ensure compliance with Condition #2.
4) A11 electronically powered equipment, PA
systems, loudspeakers or similar devices
shall be turned off no later than midnight on
March 15, 16 and 17, 2002.
5)
6)
Scanlon's Pub will provide a total of ten
(10) satellite restrooms.
Scanlon's Pub will police surrounding
properties every hour for removal of debris.
0 \ -1 �.v'�—
FURTHER RESOLVED, that any violation of the conditions set
forth above on the March 15, 2002 date may result in revocation
of the grant of a variance for the March 16 and 17, 2002, dates,
and any violation of the conditions set forth above during the
March 16, 2002 date may also result in revocation of the grant of
a variance for the March 17, 2002 date, in addition to any
criminal citation which might issue.
�ii�lJEiL��L
Requested by Department of:
1 4i..,�%!A
Form Approved by City
Adopted by Council: Date l)e�. �Z c30 O�
Adoption Certified by Council Secretary
BY � � �-� C�- 7�'�- O
Approved by Mayor: Date �� ����
By:
gy: �
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Approved
By , C
for Submission to Cotutcil
OFFICE OF LISP Date: 11/2/2001 �
GREEN SHEET
N 103283 °`�`
ark R. Raisersatt 266-9147 ]_ EP�T�T DIR%ClOR x�rr mvNCxz
�, Z xxr rTroxtass xsr ci.sxx
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ust be on Council Agenda by: � ��' nzxEECrox IN. 6 MGT. SVC. DIA.
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12/5�2001 ,// 3 YOA (ORASSISTANP)
OTAL # OF SIGNATIIRE PAGSS 1 (CLIP ALL LOCATIONS FOR SIGNAZ'URE)
CTION REQUESTED:
esolution granting Scanlon's Pub, Inc., dba the Dubliner Pub, a sound level
ariance from the sound level limitations contained in Chapter 293.09.
COMMENDATIONS: APPROVB (A) OR RH3ECT (R) BRSONAL 58RVIC8 CONTRACTS MQST ANSwBR TF[8 POLLOSPLNG�
PLANNTNG COt�41ISSION CIVIL SERVICE C0�4AISSZON i. Has the person/firm ever worked under a contract foE th>s depaztment?
CIB COPIIAITTEE HUSINE55 REVIEW COUNCIL YES NO
STAFF _ Has this person/fiYm ever been a City employee?
DISTRICT COURT YES NO
3. Does Chis person/fixm poasess a skill not nozmally possessed by any
UPPORTS WHICH COUNCIL QflJECTIVE? CuYYent City empLOyee?
YSS NO
lain all Y85 anewers ou a separate sheet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
Tom Scanlon, Owner, Scanlon�s Pub, Inc. has reguested a sound level variance
for live music in an outdoor tent on the parking lot of the Dubliner Pub, 2162
niversity Avenue W.. The music is scheduled from 6:00 p.m, to midnight on
arch 15, 2002, and from noon to midnight on March 16 & 17, 2002, during the
St. Patrick's Day weekend.
VANTAGES IF APPROVED:
ill place conditions that will limit the sound impact on surrounding
residential and commercial areas.
ISADVANTAGES IF APPROVED:
Persons living or working near 2162 University Avenue W. will be able to hear
the sounds from the music.
ISADVANTAGES IF NOT APPROVED:
The sound level impact on surrounding residential and commercial areas could
e greater with no conditions.
pplicant may not be able to present the music without exceeding the sound
level limitations contained in 293.09.
TOTAL AMOUNT OF TRANSACTION S 400 COST/REVENUE BUDGETED YES .NO
FUNDING SOURCE 320-33350 ACTIVITY 6��aa�,4+1�4�3 ar'
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FINANCIAL INFORMATION: (EXPLAIN) •
For staff monitoring and overtime as needed. , 5 ��,� ��
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OFFICE OF LICENSE, NSPECTIOFS AtiD
ENVIRO��fE�TALPROTECTIOV
Robert Kessler, Dnector
CITY OF SAINT PAUL
Norm Coleman, �Lfayor
LOWRYPROFESSIONAL BG'lLDI.VG
Suite 300
350 St PeterStreet
SmntPaul.,LLnnesota SSIO?-l510
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Telepha�e: 651-266-9090
Facn m+le: 651-266-9099
651-2 6 5 91 21
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
1. Organization or person seeking
�
7. Address or legal description of noise source
/
.
S Noise source time of operation: 10 ��
9. Briefly describe the steps that will be taken to
i Q Briefiy state c'eason for seekin�
I 1. Dates during which the variance is
,
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ODL
Sianature of responsible person__ D1te �D �'✓� ' B�
.
Return completed Applic�tion and $150.00 fee to:
CITY OF SAINT PAUL
OFFICE OF LIEP
350 ST. PETER STREET, SUITE 300
SAINT PAUL, MN 55102-1510
(651)266-9090
the noise
011"ice Use Only
Date Rec'd.
Reviened
Date Public Notice Sent
Refeaed to Council
nuisc� ur.nPP ��) � �
3. Responsibleperson: '7C/�'+'7 b.c �JLo n)
4. Title or position: �2 ��.t�
OFFICE OF LICENSE, INSPECTIONS AND
ENVIRONMENTAL PRO'IECTION pt _ ��,
Rager Cunis, Director
CITY OF SAINT PAUL
Norm Coleman, Mayar
November l, 2001
TO:
FROM:
SUBJECT:
LOWRYPROFESSIONALBUILDING Tekphone: 651d66-9090
350 Si. Peter Street, Suiie 300 F¢csimile: 65I-26b9124
SainlPaul,Minnesota55702-ISIO A'eb: ww�+�.ci.sipaul.mrs.us/liep
Nancy Anderson, Council Investigation & Research
Room 310, City Hall
Mazk Kaisersatt �/�
Office of License, Inspections and Environmental Protection
Sound Level Variance
Live Outdoor Music, Dubliner Pub
Attached is a sound level variance application from Tom Scanlon, Owner, Scanlon's Pub,
Inc., to ailow live music in an outdoor tent on the parking lot of the Dubliner Pub at
2162 University Avenue W.. A variance is requested during the St. Patrick's Day
weekend, &om 6:00 p.m. to midnight on March 15, 2002, and from noon to midnight on
March 16 & 17, 2002.
Also attached is a copy of the Public Hearing Notice sent to property owners within 200
feet of 2162 University Avenue W..
Please have this item piaced on the Council agenda for December 5, 2001. If you have
any questions, feel free to contact me at 266-9147.
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Attachments
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NOTICE OF PUBLIC HEARING ��,��
St. Paul Property Owner:
This is to inform you of a request for a vaziance from the sound level lunitations as indicated in the St, paul
Noise Ordinance (Chapter 293 of the St. Paul Legislarive Code).
A public hearing before the City Council on this variance request will be held on:
Date: December 5, 2001
Time: 5:30 p.m.
Location: 3rd floor, City Hall Council Chambers
Within fifteen (1� days of the mailing date on ttus notice, written comments or objecrions
tnay be filed with thec City of St Paul, Office of License, Inspections and Environmental
Protec&on, 350 St. Peter Street, Suite 300, Saint Paul, Minnesota 55102-1510.
Description of Variance:
Noise Source: Scanlon's Pub, Inc. has requested a sound level variance for live outdoor music. The
music wi]] be played from 6:00 p.m ro midnight on Mazch I5, 2002, and from noon to midnight on
Mazch 16 & 17, 2002.
Locarion: In an outdoor tent on the pazking lot of the Dubliner Pub, 2162 UniversiTy Ave. W.
If you have any ques[ions, please feel free to call Mazk Kaisersatt (651) 266-9147.
(Mailed 11/5/2001)
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St. Anthony Park Community Council
December 5, 2001
5teve Roy
City of St. Paul
Office ofLicense, lnspections and Environmental Protection
3S0 St. Peter Street, Suite 300
St. Paul, MN 55102
Dear Mr. Roy:
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On December 5�', 2001, the St. Anthony Park Community Council approved the request for a
variance from the sound ]evel limitations as indicated in the St. Paul Noise Ordinance (Chapter
293 of the St. Paul Legisiative Codej. The request is by the Dubliner Pub, which is located at
2162 University Avenue West. The sound level variance for live music wili be for their annual
St. Patrick's Day party on the dates of Mazch I5, 16, and 17, 2002.
Mr. Tom Scanlon appeared before the Housing and Human Services Committee on November
29, 2001 to give a short presentation of his plans for the Irish Celebration. Mr. James Goldberg
of the Midwest Hotel was also present, and the committee encouraged the two gentlemen to
come to an agreement reguding the compensation of Mr. Goidberg by Mr. Scanlon, for his
disrupted business. The Executive Committee voted in agreement with the Housing and Human
Seivices Committee to support the sound vaziance We thank Mr. Scanlon and Mr. Goldberg for
appeazing before the Community Council in cooperative spiriis, and wish them a successfiil
agreement ihat continues to work in years to come
Sincerely,
l/ y^'s��
Chtistine M. Tuhy
Community �rganizer
Cc: Mr. Tom Scanlon, Dubliner Pub
Mr. Goldberg, Midwest Hote[
Councilmember 7ay Benanav, Ward 4
890 Cromwell Avenue, Saint Paul, Minnesoa 53f 14 :• 65 tl644-5992 voice •: 65tl649-5993 fax
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JAY BENANAV
Councilmember
December 12, 2001
CITY OF SAINT PATJL
OFFICE OF THE CITY COUNCIL
310 CITY HALL
IS WEST KELLOGG BOULEVARD
SAINT PAliL, MN 55102-1615
PHONE: (651) 26b-8b40 FAX: (651) 266-8574
TO: Tom Scanlon, Scanlon Pub, Inc.
Jim Goldberg, Midwest Hotel
FR: Councilmember Jay Benanav
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RE: Agreement reached between parties for the noise variance request at the
Dubliner Pub, 2162 University Avenue West, March 15, 16, & 17, 2002
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I want to thank you both for meeting with me on Dec. 10, to work out an understanding in
conjunction with the noise variance request for March 15, 16 and 17, 2002. I appreciated
your willingness to speak frankly about these issues with me and with each other. I
would like to reiterate the agreement we reached regarding the noise variance request:
1)
2)
Amplifiers and speakers in the tent will be directed away from the hotel, and
facing west into the south portion of the Dubliner Pub parking lot.
Amplified rock music will play until midnight on Friday, March 15.
3) On Saturday March 16 and Sunday, March 17, Irish tradition music will play until
midnight. If there are significant complaints, Tom Scanlon will make every effort
to reduce the volume.
4) Tom Scanlon will staff the Midwest parking lot to keep its patrons from parking
there. The Midwest Hotel will provde "a few parking spaces" to Tom 5canlon's
staff, but not for the Dubliner Pub patrons.
5) Tom Scanlon will invite Midwest Hotel residents to attend the Dubliner events, by
providing free passes for all three days at the hotel desk.
Again, thank you for your willingness to reach a compromise. The ciry council will be
acting on this issue this afternoon at 3:30 p.m. in the City Council Chambers.
cc: Mark Kaisersatt, LIEP
Melissa Mathews, St. Anthony Park Community Council
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Printed on Recycled Paper