Title
Approving the application of Pancreatic Cancer Action Network c/o Event360 for a sound level variance in order to present amplified sound on April 26, 2024 and April 27, 2024 at 1199 Midway Parkway - Como Midway Picnic Pavilion.
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, Pancreatic Cancer Action Network c/o Event360, represented by Kayla Leibfried, Event Production Coordinator, who has been designated as the responsible person on the application, has applied for a variance, for 95 dBA at 50 feet from the sound source, to present amplified sound for the 2024 PurpleStride at 1199 Midway Pkwy - Como Midway Picnic Pavilion; and
WHEREAS, applicant has requested a variance for the hours from 8:00 a.m. to 12:00 p.m. on Saturday, April 27, 2024 for the 2024 PurpleStride event, with a pre-event sound check at 1:00 p.m. on Friday, April 26, 2024; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 1199 Midway Pkwy - Como Midway Picnic Pavilion; 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 Pancreatic Cancer Action Network c/o Event360, subject to the following conditions:
1) The Variance shall be for the hours from 8:00 a.m. to 12:00 p.m. on Saturday, April 27, 2024 with a pre-event sound check at 1:00 p.m. on Friday, April 26, 2024 for the 2024 PurpleStride event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 92 dBA at 50 feet from all sound sources on Saturday, April 27, 2024 and shall not exceed 85 dBA at 50 feet on Friday, April 26, 2024 for the pre-event sound check.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound mix during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 12:00 p.m. on Saturday, April 27, 2024, the event date and no later than 4:00 p.m. on Friday, April 26, 2024 during the event pre-check.
FURTHER RESOLVED, that any violations of the conditions set forth above on the April 26, 2024 and April 27, 2024 dates 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
Pancreatic Cancer Action Network c/o Event360, represented by Kayla Leibfried, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 8:00 a.m. to 12:00 p.m. on Saturday, April 27, 2024 event, with a pre-event sound check at 1:00 p.m. on Friday, April 26, 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