Title
Approving the application of ALS Association Minnesota / North Dakota / South Dakota Chapter for a sound level variance in order to present outdoor music and announcements for the ALS Super Hero 5K/10K Dash on Saturday, May 6, 2017 at Lake Phalen Park.
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, the ALS Association Minnesota North Dakota South Dakota Chapter, represented by Ryan Strauff, Vice President of Development, who has been designated as the responsible person on the application, has applied for a variance, at no specified level or distance, to present outdoor music and announcements at Lake Phalen Park during the ALS Super Hero 5K/10K Dash; and
WHEREAS, applicant is seeking a variance for the hours of 8:00 a.m. to 12:00 p.m., with a pre-event sound check at 8:00 a.m., on Saturday, May 6, 2017; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present outdoor music and announcements at Lake Phalen Park; 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 the ALS Association Minnesota North Dakota South Dakota Chapter, subject to the following conditions:
1) The variance shall be for the hours of 8:00 a.m. to 12:00 p.m. on Saturday, May 6, 2017.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA, as measured at 50 feet from the noise source.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at all stages and 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 May 6, 2017.
FURTHER RESOLVED, that any violations of the conditions set forth above on the May 6, 2017 event date 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
The ALS Association Minnesota North Dakota South Dakota Association, represented by Ryan Strauff, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present outdoor music and announcements, with limitations, from 8:00 a.m. to 12:00 p.m. on Saturday, May 6, 2017 at Lake Phalen Park during a charitable ALS Super Hero 5K/10K Dash. 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