Title
Approving the application of Podium Sports Marketing, Inc. for a sound level variance in order to present amplified sound for the Turkey Trot Saint Paul on November 28, 2024 by Shepard Road between Washington Street and Sherman Street.
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, Podium Sports Marketing, Inc., represented by Skylar Swenson, Race Operations Manager, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 85 dBA at no specified distance, to present amplified sound on Shepard Road between Washington Street and Sherman Street; and
WHEREAS, applicant has requested a variance for the hours of 7:30 a.m. to 11:00 a.m., with a pre-event sound check at 7:00 a.m. on Thursday, November 28, 2024 for the Turkey Trot Saint Paul; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound on Shepard Road between Washington Street and Sherman Street; 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 Podium Sports Marketing, Inc., subject to the following conditions:
1) The Variance shall be for the hours of 7:30 a.m. to 11:00 a.m. on Thursday, November 28, 2024 with a pre-event sound check at 7:00 a.m. for the Turkey Trot Saint Paul event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from all sound sources on November 28, 2024.
3) The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of the event and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff, upon request during the variance or within 30 days thereafter. Applicant shall also conduct a decibel reading during the variance upon request of city staff.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 11:00 a.m. November 28, 2024.
FURTHER RESOLVED, that any violations of the conditions set forth above on the November 28, 2024 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue.
Required Background Information
Podium Sports Marketing, Inc., represented by Skylar Swenson, Race Operations Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 7:30 a.m. to 11:00 a.m. on Thursday, November 28, 2024. 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