Title
Approving the application of Team Ortho Foundation for a sound level variance for the use of a sound system for the 2019 Tiki Run on Sunday, June 16, 2019 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, Team Ortho Foundation, represented by John Larson, Executive Director, who has been designated as the responsible person on the application, has applied for two variances to present amplified music and announcements outside of Wigington Pavilion on Harriet Island as well as on the Wigington Pavilion Riverside Patio with the use of a sound system, for the 2019 Tiki Run on Sunday, June 16, 2019; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present the amplified music and announcements outside of Wigington Pavilion as well as on the Wigington Pavilion Riverside Patio on Harriet Island with use of a sound system; 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 Team Ortho Foundation, subject to the following conditions:
1) The Variances will be for the 2019 Tiki Run on Harriet Island outside of the Wigington Pavilion and also on the Wigington Pavilion Riverside Patio with the use of a sound system for music and announcements from 8:00 a.m. to 1:00 p.m., with a pre-event sound check at 7:45 a.m.
2) All electronically powered equipment, PA system, loudspeaker or any similar device used in conjunction with the event, will not exceed 80 dBA, as measured 50 feet from any stage or sound source.
3) The applicant shall provide personnel and equipment to ensure compliance with the variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices will be turned off by 1:00 p.m. on June 16, 2019.
5) A copy of this sound level variance must be maintained at the event location and be available for review by the City of Saint Paul Police or inspection personnel.
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal citation which might issue.
Required Background Information
Team Ortho Foundation, represented by John Larson, Executive Director, has requested an exemption from the sound level limitations in Chapter 293.07 in order to provide music and announcements on Harriet Island outside of the Wigington Pavilion as well as on the Wigington Pavilion Riverside Patio with the use of a sound system, for the 2019 Tiki Run on Sunday, June 16, 2019 from 8:00 a.m. to 1:00 p.m., with a pre-event sound check at 7:45 a.m. 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