Title
Approving the application of the Saint Paul Festival & Heritage Foundation for a sound level variance for amplified music and entertainment in Landmark Plaza and Rice Park during the 2020 Saint Paul Winter Carnival from January 23 through February 2, 2020.
Body
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 contained in §293.07, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hardship on the applicant, other persons or on the community; and
WHEREAS, Saint Paul Festival & Heritage Foundation, represented by Deb Schaber, CEO, who has been designated as the responsible person on the application, has applied for a variance, with a requested sound level limit of 100 dBA at 100 feet to present amplified music and entertainment on a stage located in Landmark Plaza and Rice Park, from Thursday, January 23 through Sunday, February 2, 2020; and
WHEREAS, if applicant is not granted a variance, applicant will not be able to present the amplified music or entertainment in Landmark Plaza and Rice Park; 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 the St. Paul Festival & Heritage Foundation, subject to the following conditions:
1. The Variance will be for the Saint Paul Winter Carnival located in Landmark Plaza and Rice Park for the following dates and times:
A. Thursday, January 23, 2020 from 11:00 a.m. to 10:00 p.m.;
B. Friday, January 24 and Saturday, January 25, 2020 from 9:00 a.m. to 10:00 p.m.;
C. Sunday, January 26, 2019 from 9:00 a.m. to 10:00 p.m.;
D. Monday, January 27 through Wednesday, January 29, 2020 no outdoor programming;
E. Thursday, January 30, 2020 from 11:00 a.m. until 10:00 p.m.;
F. Friday, January 31 and Saturday, February 1, 2020 from 9:00 a.m. until 10:00 p.m.;
G. Sunday, February 2, 2019 from 9:00 a.m. to 10:00 p.m.;
2. All electronically powered equipment used in conjunction with the event, will not exceed 90 dBA, as measured 50 feet from any stage, PA system, loudspeaker or any similar device.
3. The applicant shall provide personnel and equipment to conduct continuous sound level monitoring during the event.
4. All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:00 p.m. as indicated above for each of the specific event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal citation which might issue.
Required Background Information
Saint Paul Festival & Heritage Foundation, represented by Deb Schaber, CEO, has requested an exemption from the sound level limitations in Chapter 293.07 in order to provide amplified music and announcements at Landmark Plaza and Rice Park, as part of the Saint Paul Winter Carnival, beginning Thursday, January 23 through Sunday, February 2, 2020. Chapter 293.09 provides for the granting of variances from the sound level limitations contained in Chapter 293.07.
Was proper notice given? YES - See Attachments