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File #: RES PH 19-261    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 8/21/2019
Title: Approving the application of Anderson Race Management for a sound level variance for outdoor music and announcements for the Miles for Melanoma 5K on September 15, 2019 at Phalen Park.
Sponsors: Kassim Busuri
Ward: Ward - 6
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Owners, 5. Owners List, 6. Letter to Applicant

Title

Approving the application of Anderson Race Management for a sound level variance for outdoor music and announcements for the Miles for Melanoma 5K on September 15, 2019 at 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, Anderson Race Management, represented by Jennifer Williams, Director of Events, who has been designated as the responsible person on the application, has applied for a variance, with no specified sound level limit or distance, to present outdoor music and announcements at Phalen Park, Picnic Pavilion, during the Miles for Melanoma 5K; and

    

WHEREAS, applicant is seeking a variance for the hours of 8:00 a.m. until 12:00 p.m., with a pre-event sound check at 8:00 a.m., on Sunday, September 15, 2019; and

    

WHEREAS, if applicant is not granted a variance applicant will not be able to present outdoor music and announcements at 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 Anderson Race Management, subject to the following conditions:

    

1)  The Variance shall be for the hours of 8:00 a.m. until 12:00 p.m., with a pre-event sound check at 8:00 a.m., on Sunday, September 15, 2019.

    

2)  All electronically powered equipment used in conjunction with the event shall not exceed 90 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 September 15, 2019.

 

FURTHER RESOLVED, that any violations of the conditions set forth above on the September 15, 2019 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

Anderson Race Management, represented by Jennifer Williams, 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 Sunday, September 15, 2019 at Phalen Park during a charitable Miles for Melanoma 5K Event.  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

 

Date NameDistrictOpinionCommentAction
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