Title
Approving the application of Minny Festivals, LLC for a sound level variance in order to present amplified sound on July 19 and 20, 2024 at Harriet Island Regional Park - 200 Dr Justus Ohage Boulevard.
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, Minny Festivals, LLC, represented by Tim Sweetwood, Festival Executive, who has been designated as the responsible person on the application, has applied for a variance, for 110 dBA at 100 feet from the sound source, to present amplified sound for the Minnesota Yacht Club event at Harriet Island Regional Park - 200 Dr Justus Ohage Blvd on July 19 and 20, 2024.; and
WHEREAS, applicant has requested a variance for the hours of 12:00 p.m. to 10:30 p.m. on Friday and Saturday, July 19 and 20, 2024 with a pre-event sound check from 3:00 p.m. to 9:00 p.m. on Thursday, July 18, 2024 for the Minnesota Yacht Club; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at Harriet Island Regional Park - 200 Dr Justus Ohage Blvd.; 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 Minny Festivals, LLC, subject to the following conditions:
1) The Variance shall be for the hours of 12:00 p.m. to 10:30 p.m. on Friday and Saturday, July 19 and 20, 2024 with a pre-event sound check from 3:00 p.m. to 9:00 p.m. on Thursday, July 18, 2024 for the Minnesota Yacht Club event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 100dBA at 75 dBA at 50 feet from all sound sources at the Main Stage.
3) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the Second Stage at the event must not exceed 92 dBA at 50 feet from the sound source.
4) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound source during the hours of the variance.
5) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:30 p.m. on July 19 and 20, 2024, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the July 19 and 20, 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
Minny Festivals, LLC, represented by Tim Sweetwood, Festival Executive, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, 12:00 p.m. to 10:30 p.m. on Friday and Saturday, July 19 and 20, 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