Correspondence - 3801 Sunset Drive - 6/20/2024September 6, 2010
Mr. Jim Brimeyer
City of Spring Park
4349 Warren Ave
Spring Park, MN 55384
Re: Lord Fletcher's. 3746 Sunset Road in Spring Park, Minnesota
Sunday, September 5 at 7:10 pm and also at 11:30 pm.
Dear Mr. Brimeyer:
I conducted a fourth and fifth noise test at Lord Fletcher's to determine 1) if excessive noise
levels existed and 2) if the curfew at the end of the night for music was being violated.
During the day, I met and spoke with Ms. Gina Fink Kosek who resides at 1875 Shadywood
Road directly across the bay, and who complained earlier in the week that she was awakened
at 12:30 am with loud music and a microphone blaring, "Last call" to the bar patrons. (She
looked at her clock.) She felt that the voice calling out was louder and was just as intrusive
as the yelling in parking lot.
I said I had decided to stop by on the way home from dinner to which she noted the music
had promptly stopped at 7:00 pm, just before I got there. I confirmed the noise levels were
reasonable with readings, the loudest being 53.5 decibels. I informed her that I was asked to
come back later at closing to observe mainly any curfew violations. I said I would include
taking readings from the roadside just east of her property, still in sight of the band.
Results:
(Sunday Sept 5, 7:10 — 7:50 pm)
Background Noise: 48, 49, 52 dBA,
Dickson Alley, directly south from the outdoor band: 53 dBA
NW Corner of Mr. Hoganson's property on shoulder of road: 48.5 dBA
Dickson & Sunset Ridge Intersection: 53.5 dBA
(Sunday Sept 5,11:45 pm —12:30 am)
Background Noise: 42 dBA,
Traffic on Sunset Ridge: 54 dBA
Laughing and yelling in front of restaurant: 47, 52 dBA
No music playing but the last call announcement on microphone was at 11:56 pm: 52 dBA
East of 1875 Shadywood Road on shoulder: 40.6, 41.8 dBA
I monitored until 12:30 am and found no higher noise levels than the background level.
During the day, Ms. Kosek had looked up Lord Fletcher's schedule since she thought there
was one more weekend for music, but it turned out the last scheduled event was the next
day on Labor Day from 2:00 pm until 5:30 pm. She anticipated they would be loud again
and planned on leaving again. She asked why they couldn't turn the speakers downward
instead of directly at her home. I said I would come out and take readings from side of the
bay to see how loud this blowout party might be. She thanked me and I said I would take it
from the same roadside spot adjacent to her property.
(Monday, Labor Day, 2:30 - 3:30 pm)
While in their parking lot, there was a refrigerated beer truck running, parked adjacent to the
building. I measured 58 decibels from where I parked about ten car lengths away. I was able
to record music over the "reefer" noise at 61 decibels which helps establish a comparison for
the official measurements at the properties' lines of surrounding neighbors.
Background Noise: 49.5, 45 dBA,
Dickson Alley, directly south from the outdoor band: 56 dBA
Dickson and Sunset Ridge Intersection: 57 dBA
NW Corner of Mr. Hoganson's property on shoulder of road: 53.9 dBA
Shadywood Rd and Sunset Ridge: 53, 50, 56 dBA
Volleyball courts on the north side of Lord Fletchers: 57.5, 52.6 dBA
Shadywood Road shoulder east of 1875: Music — 57.8, 54.2, 46, 54 dBA
Observations
On Sunday after the music stopped at 7 pm, it was relatively quiet. Ms. Kosek stated that
she just got home and said I just missed the music. I did not find any violations of the
ordinance at this time. However, I could clearly and easily hear standing in her back yard the
words of the music, the music itself and high-pitched laughing and yelling from Lord
Fletcher's patrons. I agreed with her that this would be annoying especially if she had to
listen to it all day & night for the whole summer.
At the Sunday midnight closing, Lord Fletcher's staff actually made the last call
announcement four minutes before midnight at 11:56 pm and the recorded music ended
before midnight too. Except for vehicular traffic and boats leaving, it was relatively quiet
from midnight on. I did not note any curfew violation of music playing. My background
recordings of45 decibels indicate this neighborhood is very quiet at night.
On Labor Day a live band was playing from 2:00 pm — 5:30 pm. Every noise level reading
taken from adjacent properties were well within the maximum daytime noise limit of 65
decibels. My observation was that today was not a large crowd and it was tolerable for the
neighborhood, unlike some nights when the house was packed. But this again tells me that
Lord Fletcher's can have their bands play music at reasonable levels in compliance with the
maximum daytime noise levels.
Discussion
This is a classic incompatibility between a residentially zoned area and an adjacent
commercial property. Approval for live outdoor music or D.J. music was approved through
a temporary noise permit or through council approval. Clearly, the number of complaints
shows this is an ongoing problem, and Lord Fletcher's does not routinely address it
proactively, but rather reactively to neighbor's complaints by turning down the music.
Registered noise complaints should be taken in consideration for future temporary noise
permits as well as what constitutes a "hardship". Having outdoor music concerts really isn't a
hardship by most definitions. And a temporary noise permit should be approved only if they
can demonstrate in advance that they can meet all requirements set by council:
1. Ensuring all speakers are directed toward their building or stage and not toward the
neighborhoods or boats.
2. Requiring state of the art amplification equipment that limits maximum noise level
by internally cutting out elevated levels. (Benilde-St. Margaret in SLP recently added
this new technology to their new ball field to minimize excessive music and
loudspeaker noise to their neighbors.)
3. Demonstrating all live bands, D.J. or piped -in music - indoors and outdoors - meet
the City's noise ordinance, without exception. Compromises, if any between business
and residents, should be expressed in enforced music curfews. 10 pm is a reasonable
daily curfew for noise and most neighbors I spoke with agreed to this night curfew
as it already is in the books. The owners could move the music indoors.
4. Limit live outdoor music to certain days only, not all week long. Most neighbors
agreed a reprieve on Sundays would allow them to rest up for the work week.
5. Require Fletchers to post signs and enforce a no music rule for boats docked at their
dock. I believe a boat is a defined by state law as a "vehicle" and the ordinance says
it is a violation if noise is "easily discernable at 50 feet from a vehicle".
It appears from Lord Fletcher's calendar that they are done with live bands for the summer.
I heard on the radio that KDWB is having one more event this Thursday at Lord Fletchers:
Hopefully, there will be no live band, but I anticipate maybe piped in music and a few radio
announcers.
Thursday, September 9th
Join KDWB at Lord Fletchers (3746 Sunset Dr. Spring Lake Park 55384) from 7-8pm for your chance to win Booty Cruise
passes for September 16th! (On the Mississippi River)
Conclusion:
Nothing more can be done this season, but if in the future they apply for another similar
temporary noise permit for the whole summer, you have the documentation now to have a
discussion with Lord Fletcher's about stricter requirements they must agree to before their
next summer music concerts. I suggest they should be required to work with an acoustic
engineering company to ensure that everything is being done to mitigate the noise to
surrounding neighbors.
If you have any further questions, feel free to contact me.
Respectfully submitted,
W" &AAYAN
Manny Camilon, Jr., RS
Environmental Health Specialist
612-644-2292