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File #: RES PH 15-97    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 5/6/2015
Title: Approving the application of USA Triathlon for a sound level variance in order to provide amplified music and the use of a sound system for announcements from 6:00 a.m. until 3:00 p.m. on Saturday, June 6, 2015, during the Duathlon National Championships Event at Harriet Island.
Sponsors: Dave Thune
Ward: Ward - 2
Attachments: 1. Application, 2. Map, 3. Sound Location Map, 4. Copy of ENS, 5. Notice to District Council, 6. Notice to Property Owners, 7. List of Property Owners, 8. Letter to Applicant
Title
Approving the application of USA Triathlon for a sound level variance in order to provide amplified music and the use of a sound system for announcements from 6:00 a.m. until 3:00 p.m. on Saturday, June 6, 2015, during the Duathlon National Championships Event at Harriet Island.
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, USA Triathlon, represented by Brian D'Amico, National Events Senior Manager, who has been designated as the responsible person on the application, has applied for a variance to provide amplified music and the use of a sound system for announcements at Harriet Island; and
WHEREAS, applicant is seeking a variance from 5:00 6:00 a.m. until 3:00 p.m. on Saturday, June 6, 2015 during the Duathlon National Championships Event at Harriet Island; and
WHEREAS, if applicant is not granted a variance they will not be able to provide the use of a sound system and amplified music at Harriet Island; 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 Brian D'Amico, National Events Senior Manager for USA Triathlon for the Duathlon National Championships event at Harriet Island subject to the following conditions:
1)      The variance shall be for the hours of 5:00 6:00 a.m. until 3:00 p.m. on Saturday, June 6, 2015.
2)      All electronically powered equipment, PA systems, loudspeakers, or similar devices will only be located at the locations indicated on the venue diagram submitted as part of the sound level variance application:
a.      Finisher Line and Announcer
b.      Transition Area (outlined in red on diagram)
c.      Race Start Area
3)      All electronically powered equipment, PA systems, loudspeakers, or similar devices will be aimed or located so they are facing away from residential use areas such as those across the river or the bluff area to the south.
4)      All electronically powered equipment, PA systems, loudspeakers, or similar devices used in conjunction with the event must not exceed the following sound level limits:
 
On June 6, 2015, between the hours of 5:00 6:00 a.m. and 8:00 a.m. sound levels at the three (3) locations identified in condition number two (2) must not exceed 75 dBA at 50 feet and between the hours of 8:00 a.m. and 3:00 p.m. must not exceed 85 dBA at 50 feet from the sound source.
5)      Sound level tests will be completed before the event on Thursday, June 4, 2015 and/or Friday, June 5, 2015, indicated on the application for 11:00 a.m. on June 5, 2015, to determine readings to meet the 75 dBA at 50 feet sound level limit, in condition four (4), as appropriate for the early morning time of 5:00 6:00 a.m. - 8:00 a.m.  The applicant will provide personnel and equipment to provide continuous sound level monitoring to ensure compliance with the sound level variance conditions.
6)      All electronically powered equipment, PA systems, loudspeakers, or similar devices must be turned off no later than 3:00 p.m. on June 6, 2015.
7)      The USA Triathlon must maintain a copy of the approved sound level variance at the event location and have it available for review by the City of Saint Paul Police or inspection personnel.
FURTHER RESOLVED, that any violation of the conditions set forth above may result in revocation of the sound level variance, in denial of future requests for a sound level variance, in addition to any criminal citation which might issue.
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