Title
Approving the application of St Paul Food Truck Festival for a sound level variance for amplified sound on Saturday, August 17, 2019 during the St Paul Food Truck Festival at Mears 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, St. Paul Food Truck Festival, represented by Jessica Fast, Event Organizer, has applied for a variance, at a requested sound level limit of 90 dBA at no specified distance, to present amplified music at Mears Park; and
WHEREAS, applicant is seeking a variance for Saturday, August 17, 2019 from 12:00 p.m. until 10:00 p.m., with a pre-event sound check from 11:30 a.m. until 12:00 p.m. for the St Paul Food Truck Festival; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified music at Mears 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 St. Paul Food Truck Festival, subject to the following conditions:
1) The Variance will be for the St Paul Food Truck Festival on Saturday, August 17, 2019 from 12:00 p.m. until 10:00 p.m., with a pre-event sound check from 11:30 a.m. until 12:00 p.m.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event must not exceed 90 dBA as measured 50 feet from sound source.
3) The applicant will provide personnel and equipment to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices must be turned off no later than 10:00 p.m. on the date of the event.
FURTHER RESOLVED, that any violations of the conditions set forth above, may result in denial of any future variances, in addition to any criminal citation which may be issued.
Required Background Information
St. Paul Food Truck Festival, represented by Jessica Fast, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified music, with limitations, on August 17, 2019 from 12:00 p.m. until 10:00 p.m., with a pre-event sound check from 11:30 a.m. until 12:00 p.m. on Saturday, August 17, 2019 during the St Paul Food Truck Festival at Mears Park. 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