Title
Approving the application of Breakaway Music Festival for a sound level variance in order to present amplified sound on June 6 through June 7, 2025 at 400 Snelling Avenue North - Allianz Field Grounds. (Public hearing continued from April 23, 2025)
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, Breakaway Music Festival, represented by Jarrod Fucci, Breakaway Music Festival President, who has been designated as the responsible person on the application, has applied for a variance, on Friday, June 6 and Saturday, June 7, 2025 for various sound level limits, as noted in the Table, below, of 95 dBA at 125 feet to 103 dBA at 125 feet over a span of hours from 4:00 p.m. until 11:00 p.m. on a Main Stage, and a request for sound level limits of 96 dBA at 100 feet to 101 dBA at 100 feet over a span of hours from 4:00 p.m. until 9:40 p.m. on a Secondary Stage, with a 100 dBA at 125 feet from the sound source requested sound level limit and distance during pre-event sound checks on Thursday, June 5, 2025 from 6:00 p.m. until 6:30 p.m. and 12:00 p.m. until 4:00 p.m. on Friday, June 6 and Saturday, June 7, 2025 to present amplified sound for the Breakaway Music Festival 2025 - Minnesota at 400 Snelling Ave N - Allianz Fields grounds to the north and northeast of Allianz Field; and
Breakaway Minnesota Music Festival Original 2025 Requested Sound Level Limits and Distance:
Main Stage Request Secondary Stage Request
Time Requested Time Requested
4-4:45 95@125 4-4:50 96@100
4:40-5:25 96@125 4:55-5:40 97@100
5:25-6:15 98@125 5:45-6:35 98@100
6:20-7:10 99@125 6:40-7:30 99@100
7:15-8:15 100@125 7:35-8:35 100@100
8:20-9:20 101@125 8:40-9:40 101@100
9:30-11 103@125
WHEREAS, after conducting outreach, Breakaway Music Festival, represented by Jarrod Fucci, Breakaway Music Festival President, has amended the request for sound level variances for Friday, June 6 and Saturday, June 7, 2025 for various sound level limits, as noted in the Table, below, of 94 dBA at 125 feet to 103 dBA at 125 feet over a span of hours from 3:00 p.m. until 10:30 p.m. on a Main Stage, and a request for sound level limits of 92 dBA at 100 feet to 100 dBA at 100 feet over a span of hours from 3:00 p.m. until 9:10 p.m. on a Secondary Stage, with an 80 dBA at 50 feet from the sound source requested sound level limit and distance during pre-event sound checks from 12:00 p.m. until 2:00 p.m. on Friday, June 6 and Saturday, June 7, 2025 to present amplified sound for the Breakaway Music Festival 2025 - Minnesota at 400 Snelling Ave N - Allianz Fields grounds to the north and northeast of Allianz Field; and
|
Main Stage Set Times |
Proposed dBA |
Measurement Distance |
|
3:00-4:00PM |
94 |
125’ |
|
4:05-4:55PM |
96 |
125’ |
|
5:00-5:50PM |
98 |
125’ |
|
5:55-6:55PM |
100 |
125’ |
|
7:00-8:00PM |
101 |
125’ |
|
8:05-9:05PM |
102 |
125’ |
|
9:15-10:30PM |
103 |
125’ |
|
Second Stage Set TimesProposed dBAMeasurement Distance |
|
|
|
3:00-4:05PM |
92 |
100’ |
|
4:10-5:00PM |
94 |
100’ |
|
5:05-5:55PM |
96 |
100’ |
|
6:00-7:00PM |
98 |
100’ |
|
7:05-8:05PM |
99 |
100’ |
|
8:10-9:10PM |
100 |
100’ |
WHEREAS, The Department of Safety and Inspections (DSI) Recommended Sound Level Limits and Distance are listed in the Table Below:
Main Stage Request Secondary Stage Request
Time DSI Recommended Time DSI Recommended
4-4:45 95@100 4-4:50 95@75
4:4050-5:25 96@100 4:55-5:40 96@75
5:25-6:15 97@100 5:45-6:35 96@75
6:20-7:10 98@100 6:40-7:30 97@75
7:15-9:00 98@100 7:35-8:29 98@75
9:00-10:30 100@100 8:30-9:30 99@75
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 400 Snelling Ave N - outside of Allianz Field; 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 Breakaway Music Festival Inc., that reflects the sound levels and distances in the table below, subject to the following conditions:
|
Main Stage Set Times |
Proposed dBA |
Measurement Distance |
|
3:00-4:00PM |
94 |
125’ |
|
4:05-4:55PM |
96 |
125’ |
|
5:00-5:50PM |
98 |
125’ |
|
5:55-6:55PM |
100 |
125’ |
|
7:00-8:00PM |
101 |
125’ |
|
8:05-9:05PM |
102 |
125’ |
|
9:15-10:30PM |
103 |
125’ |
|
Second Stage Set Times |
Proposed dBA |
Measurement Distance |
|
3:00-4:05PM |
92 |
100’ |
|
4:10-5:00PM |
94 |
100’ |
|
5:05-5:55PM |
96 |
100’ |
|
6:00-7:00PM |
98 |
100’ |
|
7:05-8:05PM |
99 |
100’ |
|
8:10-9:10PM |
100 |
100’ |
1) The Variance shall be for the hours of 4:00 3:00 p.m. to 11:00 10:30 p.m. on Friday, June 6 and Saturday June 7, 2025, with pre-event sound checks on Thursday, June 5, 2025 from 6:00 p.m. to 6:30 p.m.; Friday, June 6, 2025 from 3:00 12:00 p.m. to 4:00 2:00 p.m. and; Saturday June 7, 2025 from 3:30 12:00 to 4:00 2:00 p.m. Pre-event sound checks shall not exceed 80 dBA as measured at 50 feet.
2) The Department of Safety and Inspections (DSI) Recommended Sound Level Limits and Distance are listed in the Table Below:
Main Stage Request Secondary Stage Request
Time DSI Recommended Time DSI Recommended
4-4:45 95@100 4-4:50 95@75
4:4050-5:25 96@100 4:55-5:40 96@75
5:25-6:15 97@100 5:45-6:35 96@75
6:20-7:10 98@100 6:40-7:30 97@75
7:15-9:00 98@100 7:35-8:29 98@75
9:00-10:30 100@100 8:30-9:30 99@75
3 2) The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of each performing act and at intervals no greater that 60 minutes apart thereafter. The report shall be made available for viewing by city staff upon request during the variance or within 30 days thereafter. Applicant shall conduct a decibel reading during the variance upon request of city staff.
4 3) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:30 p.m. on Friday, June 6, 2025 and Saturday, June 7, 2025, the event dates. All electronically powered equipment used in conjunction with the event on Friday, June 6 and Saturday, June 7, 2025 shall not exceed 95 dBA as measured at 100 feet up to 100 dBA as measured at 100 feet from all sound sources in accordance with the above chart for the Main Stage for the event hours of 4:00 p.m. until 10:30 p.m. and shall not exceed 95 dBA as measured at 75 feet up to 99 dBA at 75 feet from the sound sources between the event hours of 4:00 p.m. until 9:30 p.m. in accordance with the above chart for the Secondary Stage. Electronically powered equipment used in conjunction with the event shall not exceed 80 dBA as measured at 50 feet during the pre-event sound check between the hours of 6:00 p.m. to 6:30 p.m. on Thursday, June 5, 2025, from 3:00 p.m. until 4:00 p.m. on Friday, June 6 and from 3:30 p.m. until 4:00 p.m. on Saturday, June 7.
5 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:30 p.m. on Friday, June 6, 2025 and Saturday, June 7, 2025, the event dates.
6 5) The applicant must reimburse the City for up to ten (10) hours of overtime labor cost for a salary-capped DSI Inspector II who will monitor and record DSI-authorized event activities including but not limited to amplified sound levels and alcohol service, consumption, and containment. The applicant will provide the inspector a means of direct communication with on-site event management staff who will immediately address and resolve violations observed by the inspector. The cost of the inspector will not exceed $641.00.
FURTHER RESOLVED, that any violations of the conditions set forth above on the June 6 and June 7, 2025 performance dates and the June 5, 6 and 7, 2025 pre-event sound check dates may result in denial of future requests for the granting of a sound level variance, in addition to any criminal citation which might issue.
Required Background Information
Breakaway Music Festival Inc., represented by Jarrod Fucci, Breakaway Music Festival President, who has been designated as the responsible person on the application, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 4:00 3:00 p.m. to 11:00 10:30 p.m. on Friday, June 6, and Saturday, June 7, 2025, with a pre-event sound check on Thursday, June 5, 2025 from 6:00 p.m. until 6:30 p.m. and from 12:00 p.m. until 4:00 2:00 p.m. on June 6 and June 7. 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