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File #: RES PH 21-207    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 8/18/2021
Title: Approving the application of Minnesota Recovery Connection for a sound level variance in order to present live amplified sound on September 18, 2021 at 75 Rev Dr Martin Luther King Jr. Boulevard - State Capitol Upper and Lower malls.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Owners list, 5. Notice to Owners, 6. Letter to Applicant

...Title

Approving the application of Minnesota Recovery Connection for a sound level variance in order to present live amplified sound on September 18, 2021 at 75 Rev Dr Martin Luther King Jr. Boulevard - State Capitol Upper and Lower malls.

 

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, Wendy Freshman, Minnesota Recovery Connection Event Coordinator, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 80 dBA at no specified distance, to present amplified sound at 75 Rev Dr Martin Luther King Jr Blvd - State Capitol Upper and Lower malls; and

 

WHEREAS, applicant has requested a variance for the hours of 10:00 a.m. to 3:00 p.m., with a pre-event sound check at 9:00 a.m. on September 18, 2021 for the Walk for Recovery Event; and

 

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 75 Rev Dr Martin Luther King Jr Blvd - State Capitol Upper and Lower malls; 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 Minnesota Recovery Connection, subject to the following conditions:

 

1)  The Variance shall be for the hours from 10:00 a.m. to 3:00 p.m., with a pre-event sound check at 9:00 a.m. on Saturday, September 18, 2021.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 80 dBA as measured at 50 feet from all sound sources.

 

3)  The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at 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 3:00 p.m. September 18, 2021, the event date.

 

FURTHER RESOLVED, that any violations of the conditions set forth above on the September 18, 2021 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

Wendy Freshman, Event Coordinator, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 10:00 a.m. to 3:00 pm on September 18, 2021.  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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