Even as Grand Marais City Council moved toward adoption of a revised noise ordinance, members expressed hope that the problems created by outdoor music may have already been solved.
“It’s a tough one…and I believe everyone,” said Mayor Sue Hakes following a 75-minute public hearing June 24 during which about a dozen residents and business owners gave their opinions on the matter. Some spoke in favor of the proposed change to the city’s noise nuisance statute to limit hours during which amplified music may be performed; some argued that a more fair way to enforce the regulation would be to measure sound levels with a decibel meter; and some others said they believed recent changes made to venues from which the music originates have practically taken care of the problem already.
” As approved unanimously by council on first reading, the new ordinance allows amplified music (either inside or outside) as long as the sound cannot be heard above the level of conversational speech beyond 100 feet from the place of origin at any time. However, music may be played at any volume level during the excepted times of noon to 10 p.m. Sundays through Thursdays; noon to midnight on Fridays and Saturdays, the Sundays before Labor Day and Memorial Day, and over the Independence Day holiday (if applicable); or by permit for community festivals during the specified hours listed on the approved street and sidewalk use application.
Hakes and others said they were pleased with the spirit of cooperation and consideration exhibited during the hearing, and the mayor said she “wouldn’t be surprised” if those complaining about the loud music and those creating it were able to work out the problems amongst themselves. “Keeping them involved in a solution is the key,” she said.
One of the key speakers during the hearing was Jeff Gecas, owner of the GunFlint Tavern. The tavern has been the source of many of the complaints since it began hosting live musical performances on its rooftop stage two years ago. The live outdoor performances are currently hosted until 1 a.m. Thursdays through Sundays, weather permitting
Gecas told council that he was sensitive to peoples’ need for peace and quiet, and has already made some changes in response to complaints. For one thing, he said, the bands no longer use the stage, which faces west toward the Rec. Park. Instead, the musicians arrange themselves so that the speakers and amplifiers face south, toward the lake. A glass barrier has also been added to the west wall of the rooftop area in an effort to contain the sound.
Gecas said there were no complaints last summer after the changes were made, and he believed other improvements could be implemented if necessary. He said a peaceful solution could be arrived at with “a lot of common sense” and a realization by the musicians that “they don’t have to blare it,” and some can even switch from amplified to acoustic music at a designated time. Gecas commented that he believed the use of a decibel meter wouldn’t work and doesn’t make sense, and asked that his outdoor music not be limited to midnight.
“There’s a lot of give and take here, and we don’t want trouble with the community,” said Gecas. “We can drop it down. We can all work it out together.”
Jef Cerniak, who frequently performs on the GunFlint Tavern’s rooftop deck, said he has “sympathy for all,” and feels everyone affected has legitimate concerns. He said that in his opinion, a decibel measurement is the best way to go. Thatway, he said, “we can at least get it down to a science of what’s noise,” and the bands can adjust their volume levels accordingly. “We need to set up some guidelines so we can all attempt to obey the law,” Cerniak said.
By way of suggestion and in response to the sheriff ‘s comments that limited manpower will make decibel enforcement difficult, Cerniak asked if perhaps a “noise deputy” could be appointed to walk the town with a sound meter and notify offenders. That would save the sheriff ‘s resources and give the bands some guidance as to when they get too loud. “It’s hard to monitor it yourself,” said Cerniak.
Some in attendance agreed that the GunFlint Tavern’s recent changes have made a difference, even to the point of no longer being a problem for them.
Jane Shinners, owner of the neighboring Harbor Inn Motel, said there were numerous conflicts with the rooftop music when it began in 2007, when on more than one occasion angry motel guests asked for a refund or left in the middle of the night. However, she said, there was a “major difference” last year after the rooftop speakers were repositioned.
Shinners said some of the motel guests enjoy the music as well, and she believes Gecas is sincere in his efforts to modify the sound levels and be responsive to complaints if the music becomes too loud. “If a phone call can be respected, that would help,” she said, adding that 11 p.m. was “tolerable” for a cutoff point but midnight was too late.
Joan Farnam, who lives a few blocks from the downtown business district, said she has also noticed a positive change since the GunFlint Tavern moved its speakers. Farnam said she called the sheriff to complain about the loud late-night music keeping her awake more than once in 2007. But, she acknowledged, “there was no issue at all last year” due to the changes. Farnam added that she was “happy” with the revised time limits included in the most recent ordinance revision.
Owners of the Birch Terrace — another target of loud music complaints — have already said they are taking measures to control their sound levels, primarily with the installation of air conditioning that will allow the windows to be kept closed (and thus the sound to be contained) during karaoke performances, which are typically held until 1 a.m.
“I’m much more hopefully optimistic now than was before this meeting,” said resident Nancy Nosker at the conclusion of the public comment period. Nosker and her husband Jan had spoken earlier in the meeting, as well as at prior council meetings when the ordinance was debated. Both were in favor of a stricter ordinance that relies on noise level measurement for enforcement. Jan, too, said he believed the noise problem could be reduced with another pane of glass on the north side of the rooftop deck, or the addition of noise baffles.
Council will consider the revised ordinance on second reading at its July 8 meeting, and may make more changes before taking a final vote. The ordinance takes effect upon publication following final adoption.
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