Title
Approving the application of St. Paul Festival & Heritage Foundation for two sound level variances in order to present amplified sound for the St. Paul Winter Carnival in Rice and Landmark Plaza Parks starting January 23, 2023 through February 7, 2023 at Rice Park & Landmark Plaza - 109 W 4th St and 379 St. Peter St.
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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, Lisa Jacobson, St. Paul Festival & Heritage Foundation, CEO, who has been designated as the responsible person on the application, has applied for two variances, for a requested sound level limit of 100 dBA measured at 100 ft to present amplified sound at Rice Park-109 W 4th St & a requested sound level limit of 100 dBA measured at 80 ft at Landmark Plaza - 379 St. Peter St.; and
WHEREAS, applicant has requested a variance for the hours of 9:00 a.m. to 10:00 p.m., with a pre-event sound check at 8:00 a.m. on January 27, 28 and February 3 and 4, 2023, hours of 4:00 p.m. to 10:00 p.m. with a pre-event sound check at 3:00 p.m. on January 26, 29,30, 31, and February 2, 2023 and hours of 11:00 a.m. to 10:00 p.m. with a pre-event sound check at 10:00 a.m. on February 1, 2023 for the St. Paul Winter Carnival in Rice and Landmark Plaza Parks; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at Rice Park & Landmark Plaza - 109 W 4th St and 379 St. Peter St.; 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 St. Paul Festival & Heritage Foundation, subject to the following conditions:
1) The Variance shall be for the hours of 9:00 a.m. to 10:00 p.m., with a pre-event sound check at 8:00 a.m. on January 27, 28 and February 3 and 4, 2023, hours of 4:00 p.m. to 10:00 p.m. with a pre-event sound check at 3:00 p.m. on January 26, 29,30, 31, and February 2,2023 and hours of 11:00 a.m. to 10:00 p.m. with a pre-event sound check at 10:00 a.m. on February 1, 2023 for the St. Paul Winter Carnival in Rice and Landmark Plaza Parks; and
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from all sound sources.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound source during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:00 p.m. starting January 23, 2023 through February 7, 2023 , the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the starting date of January 23, 2023 through February 7, 2023 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
St. Paul Festival & Heritage Foundation, represented by Lisa Jacobson, CEO, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 9:00 a.m. to 10:00 p.m., with a pre-event sound check at 8:00 a.m. on January 27, 28 and February 3 and 4, 2023, hours of 4:00 p.m. to 10:00 p.m. with a pre-event sound check at 3:00 p.m. on January 26, 29,30, 31, and February 2,2023 and hours of 11:00 a.m. to 10:00 p.m. with a pre-event sound check at 10:00 a.m. on February 1, 2023 for the St. Paul Winter Carnival in Rice and Landmark Plaza Parks. 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