Title
Approving the application of Monster Series LLC for a sound level variance for use of a sound system during the Polar Dash Run 2020 on January 4, 2020 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, Monster Series LLC, represented by Marlene Earll, Assistant to the Executive Director, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 85 dBA at no specified distance, to present amplified music and announcements on the path outside of Wigington Pavilion on Harriet Island with the use of a sound system, for the Polar Dash Run 2020 on Saturday, January 4, 2020; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present the amplified music and announcements on the path outside of Wigington Pavilion 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 Monster Series, LLC, subject to the following conditions:
1) The Variance will be for the Polar Dash Run on Harriet Island outside of the Wigington Pavilion 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 85 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 January 4, 2020.
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
Monster Series LLC, represented by Marlene Earll, Assistant to the 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 with the use of a sound system, for the Polar Dash Run 2020 on Saturday, January 4, 2020 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