Title
Approving the application of Lao Family of Minnesota, Inc. for a sound level variance in order to provide amplified sound from 9:00 a.m. until 8:00 p.m. on Friday, July 4 and Saturday, July 5, 2014 during the Annual Hmong Freedom Celebration 2014 at the Como Park, McMurray Fields, 1155 Jessamine Avenue West.
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, Lao Family of Minnesota, Inc., represented by Giatou Yang, Event Chairman and Vice President of Lao Family, who has been designated as the responsible person on the application, has applied for a variance to provide amplified music and announcements at the Como Park, McMurray Fields, 1155 Jessamine Avenue W.; and
WHEREAS, applicant is seeking a variance for the hours of 9:00 a.m. until 8:00 p.m. on Friday, July 4 and Saturday, July 5, 2014 during the Annual Hmong Freedom Celebration 2014; and
WHEREAS, if applicant is not granted a variance they will not be able to provide amplified music and announcements at the Annual Hmong Freedom Celebration 1155 Jessamine Avenue W.; 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 sound level variance to Lao Family of Minnesota, Inc., subject to the following conditions:
1) The variance will only be for the hours of 9:00 a.m. until 8:00 p.m. on Friday, July 4 & Saturday, July 5, 2014.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event must not exceed 85 dBA as measured at 50 feet from any stage.
3) All electronically powered equipment, PA systems, loudspeakers or similar devices used in the merchandise areas and on or near the sporting event fields, must not exceed 75 dBA as measured at the nearest residential receiver.
4) The applicant will provide personnel and equipment, who will conduct sound level monitoring during the event, to ensure compliance with the variance conditions.
5) All electronically powered equipment, PA systems, loudspeakers or similar devices must be turned off no later than 8:00 p.m. on each event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the first date may result in revocation of the grant of a variance for the subsequent date, in addition to any criminal citation which might issue.
Required Background Information
Lao Family of Minnesota, Inc., represented by Giatou Yang, Event Chairman and Vice President, has requested an exemption from the sound level limitations in Chapter 293.07 in order to provide amplified sound, with limitations, from 9:00 a.m. until 8:00 p.m. on July 4 & 5, 2014 during the Annual Hmong Freedom Celebration 2014 at the Como Park, McMurray Fields . 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