In response to ongoing complaints about the inadequacy of the existing noise ordinance, Grand Marais City Council voted May 13 to move forward with a revision, hopefully in time for the busy summer season — the time when most of the problems occur.
City Attorney Don Davison said the ordinance now on the books states only that “you do not allow noise past your property line.” If that were to be strictly and literally enforced, he said, most of the summertime events held in the city would be illegal, and shut down by law enforcement. Yet councilors said that although they believed some type of ordinance improvement was needed, they didn’t want to go too far with a bunch of rules and regulations.
“We need to be extremely lenient, and come up with something that reflects on our nature as a tourist town,” said Councilor Jan Sivertson. “We have to remember that we’re in a city, not a wilderness area.”
“We have to make some rules so people know what is and isn’t allowed,” agreed Councilor Tim Kennedy. “There’s no need for law enforcement to indiscriminately shut down music.”
Kennedy’s last comment was in reference to an incident last summer during which a Cook County sheriff ‘s deputy, acting on a loud music complaint, went into the GunFlint Tavern and told the band to stop playing at 10 p.m. “They basically told me to stop playing, or I’d go to jail,” recalled Jef Cerniak, who attended council’s meeting to give his input.
Cerniak said his music, and others’ who entertain in Grand Marais venues, isn’t “over the top, or that obtrusive… we’re not pushing the limits of noise. It’s not thunderous, and it’s more mature music.”
Cerniak asked that if an ordinance requiring enforcement based on decibel levels is enacted, the readings be taken at the complainant’s site, not where the music originates. He also suggested that exceptions be made for outdoor music during special events, such as Fisherman’s Picnic or other times when the town is full of tourists. “We need to find a balance by examining ordinances from other cities,” Cerniak said, adding that it might be a good idea to consider asking guests at the campground to sign a waiver acknowledging that outdoor music is permissible in the city and is likely to go on into the night.
Councilor Kay Costello pointed out, though, that for most people, “the issue is not how loud it is, but when it is.” Costello said she understands the need for downtown businesses to make money during the summer months, but said she also feels that the residents of the city have a right not to have to sacrifice their sleep and peace, and to be able to open their windows during the evenings if they want to. “We need to find a balance,” she said, observing that often there is more than one band playing outdoor music at the same time, and it is the competing sounds that annoy people, not necessarily the volume of any one of them.
There was eventual consensus among councilors that a new ordinance is needed, and it should be kept as simple as possible. “I’d like to see it kept simple and businessfriendly,” said Mayor Sue Hakes. “And I hope not to go there with measuring decibels.”
Consequently, a new ordinance will not be based on volume or decibel levels, and will cover only music — not loud vehicle engines or other machinery, motorcycles, barking dogs or yard maintenance equipment, as was originally considered.
City Administrator Mike Roth said that using those guidelines, he could put a draft together for council’s next meeting, May 27. The only provision left undecided was a time limit, governing when the music would have to stop. Most councilors seemed to agree that 1 a.m. was too late, and 10 p.m. too early. “We need to define it for our residents, so they know when it’s going to stop,” said Kennedy. “And we can always tighten it up if it doesn’t work.”
It is hoped that a new ordinance can be enacted in time for this summer’s events and outdoor music season. The adoption process includes a public hearing, during which residents may express their comments and concerns.
In other business: » Council held a work session during which options to trim about $50,000 from
the city’s 2009 budget were discussed, using as guidance a memo prepared by Roth comprised of 27 possibilities. Some of the budget amendments have already been implemented, but others need more study. The cuts are necessary due to a reduction in the city’s allotment of Local Government Aid from
the state. The budget situation will be listed again on council’s next meeting
agenda.
» Bob Glirbas spoke up during the open forum portion of the meeting. He
raised some safety concerns such as the absence of stop signs at intersections along First Avenue West, a parking space marked off by the city in front
of a fire hydrant on South Broadway, people parking in designated crosswalks,
and kids riding on AT Vs.
» On the recommendation of the planning commission, variances were
granted to Mike Raymond for a shoreline setback from Lake Superior to expand his existing Red Pine building on the north side to accommodate two vacation rental units; and to Bruce Block to allow an addition to Sydney’s Custard Shop which will include indoor dining space and restrooms. Conditions were placed on the variances regarding fencing, handling and removal
of trash and recycling, and replacement of any trees or shrubs removed
during consruction.
» Fire Chief Ben Silence’s request to expand the boundaries of the Grand Marais
Fire Department’s Service Area to include the unorganized territories was unanimously approved. Silence said the district will expand from 21 to 84 acres, and the action will make it easier for the county to dispatch calls as well as make it easier for the fire department to qualify for grants. Roth said those property owners being added to the district will see a minimal increase in their taxes (about $20 annually), but those already in the city will experience “no negligible effect.” Although the Grand Marais Fire Department already responds to the outlying areas under discussion, Roth said there is no obligation on the part of the city to do so, and the inclusion of the additional
territory may improve the ratio of how the city’s fire department is paid. The
county board must approve the decision.
» Council approved the library board’s recommendation to hire Ann Ward as
library clerk.
» T he second reading of an ordinance annexing portions of Creechville into
the city passed by a 4-1 vote, with Councilor Bill Lenz opposed. The request
will now move on to the state, which must approve in order to finalize the
annexation.
» Council approved the personnel committee’s recommendation to hire a new
full-time supervisor in the Property Maintenance Department, and to retain Tom Stockman as a full-time property maintenance worker. Due to budgetary constraints, two part-time positions in the department will be eliminated
once a new supervisor is hired. Hakes said it was a tough decision to make,
but every possible option was explored.
» Hakes reported that the Harbor Friends has raised some concerns about the
wetland area near the PUC garage in the Rec Park, specifically snowplowing/ dumping, plywood debris and PUC spools and other debris being placed too close to the area. Roth said he contacted the county’s Soil & Water technician, who inspected the site and advised no action be taken to remove the debris, and that more fencing be put up to clearly delineate the wetlands.
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