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Approving the application of Lao Family Foundation for a sound level variance in order to provide amplified sound on Saturday, July 1 and Sunday, July 2, 2017 during the Hmong Freedom Festival at the Como Park, McMurray Field Area.
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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, Lao Family Foundation, represented by Richard Gardell, who has been designated as the responsible person on the application, has applied for a variance for the hours of 6:00 a.m. to 9:00 p.m., with a pre-event sound check on June 30, 2017 from 9:00 a.m. until 3:00 p.m., to provide amplified music and announcements at the Como Park, McMurray Field Area, 1155 Jessamine Avenue W.
Hmong Family Foundation, Inc. submitted the variance application with no specified sound level request for the stage area nor for the merchandise area and sporting event field area and with further inquiry, later requested a sound level limit of 90 dBA at 50 feet for the stage area and 75 dBA for a residential receiver for the merchandise area and
WHEREAS, applicant is seeking a variance for the hours of 6:00 a.m. until 9:00 p.m. on Saturday, July 1 and Sunday, July 2, 2017 , with a pre-event sound check from 9:00 a.m. until 3:00 p.m. on June 30, 2017 during the Hmong Freedom Festival; and
WHEREAS, if applicant is not granted a variance they will not be able to provide amplified music and announcements at the Hmong Freedom Celebration, by the Como McMurray Field Area at 1155 Jessamine Avenue W.; and
WHEREAS, the Department of Safety and Inspections has reviewed the application, contacted the individual indicated as the 2017 interim CEO, Richard Gardell, again, to provide updated sound level variance application information, and obtained verbal information to request a sound level limit of 90 dBA at 50 feet for the stage area and 75 dBA at a residential receiver for the merchandise area, has made recommendations for the variance, similar to what was granted in 2016. Now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a sound level variance to Hmong Family Foundation, Inc., subject to the following conditions:
1) The variance will only be for the hours of 9:00 a.m. until 9:00 p.m. on Saturday, July 1 and Sunday, July 2, 2017, with a pre-event sound check from 9:00 a.m. until 3:00 p.m. on Friday, June 30, 2017.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event must not exceed 90 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 9:00 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 Foundation, represented by Richard Gardell, has requested an exemption from the sound level limitations in Chapter 293.07 in order to provide amplified sound, with limitations, from 6:00 a.m. until 9:00 p.m. on July 1 and 2, 2017 during the Hmong Freedom Festival at the Como Park, McMurray Field Area, 1155 Jessamine Avenue West. 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