Title
Approving the application of TMT Productions LLC for a sound level variance to present announcements and DJ music on Saturday, July 14, 2018 during the Night Nation Run 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, TMT Productions LLC, represented by Dion Chapman, Director, who has been designated as the responsible person on the application, has applied for a variance, with a requested sound level limit of 120 decibels (dBA), at no specified distance, to present announcements and DJ music at Harriet Island; and
WHEREAS, applicant is seeking a variance for the hours of 5:30 p.m. to 11:00 p.m., with a pre-event sound check at 2:00 p.m., on Saturday, July 14, 2018, during the Night Nation Run at Harriet Island; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present announcements 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 TMT Productions LLC, subject to the following conditions:
1) The variance shall be for the hours of 5:30 p.m. to 10:30 10:00 p.m., with a pre-event sound check at 2:00 p.m., on Saturday, July 14, 2018.
2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured 50 feet from sound source, first at the Start Line, followed by live DJ music at the Finish Line Main Stage area.
3) The applicant shall provide personnel and equipment to ensure compliance with the sound level variance conditions. The applicant may need to provide a barrier, to act as a sound absorber to contain excess sound from leaving the area.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:30 10:00 p.m. on the date of the event.
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
TMT Productions LLC, represented by Dion Chapman, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present announcements and DJ music, with limitations, from 5:30 p.m. to 11:00 p.m., with a pre-event sound check at 2:00 p.m., on Saturday, July 14, 2018, during the Night Nation Run at Harriet Island. 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