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File #: RES PH 23-121    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 6/14/2023
Title: Approving the application of The United Hmong Family, Inc. for a sound level variance in order to present amplified sound on July 1 and 2, 2023 at 1151 Wynne Avenue - McMurray Fields.
Sponsors: Mitra Jalali
Ward: Ward - 4
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Owner, 5. Owners List, 6. Letter to Applicant, 7. ENS.2, 8. Notice to Owner revised, 9. Letter to Applicant revised

Title

Approving the application of The United Hmong Family, Inc. for a sound level variance in order to present amplified sound on July 1 and 2, 2023 at 1151 Wynne Avenue - McMurray Fields.

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, The United Hmong Family Inc., represented by Kong Houa Lee, Event Chair, who has been designated as the responsible person on the application, has applied for a variance, for 120 dBA at no specified distance, to present amplified sound for the 41st Hmong International Freedom Festival at 1151 Wynne Ave - McMurray Fields.; and

 

WHEREAS, applicant has requested a variance for the hours of 8:00 a.m. to 8:00 p.m. on July 1 and 2, 2023 with a pre-event sound check on June 30, 2023 from 1:00 p.m. to 6:00 p.m. for the 41st Hmong International Freedom Festival; and

 

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 1151 Wynne Ave - McMurray Fields.; 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 The United Hmong Family, Inc., subject to the following conditions:

 

1)  The Variance shall be for the hours from of 8:00 a.m. to 8:00 p.m. on Saturday, July 1 and Sunday, July 2, 2023 with a pre-event sound check on Friday, June 30, 2023 from 1:00 p.m. to 6:00 p.m. for the 41st Hmong International Freedom Festival.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA at 50 feet from any stage.

 

3) All electronically powered equipment, PA systems, loudspeakers, or similar devices used in the merchandise areas, on or near the sporting field events, must not exceed 75 dBA as measured at the nearest residential receiver. All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 8:00 p.m. on July 1 and 2, 2023, the event dates.

 

4)  The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound source during the hours of the variance.

 

 

FURTHER RESOLVED, that any violations of the conditions set forth above on the July 1 and 2, 2023 dates 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

The United Hmong Family, Inc., represented by Event Chair, Kong Houa Lee, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 8:00 a.m. to 8:00 p.m. on July 1 and 2, 2023 with a pre-event sound check on June 30, 2023 from 1:00 p.m. to 6:00 p.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

 

Date NameDistrictOpinionCommentAction
7/1/2023 12:42 AMMim thoj Against No
6/30/2023 10:25 PMWendy V Against No to the Res ph 23-121 but best of luck
6/30/2023 10:18 PMSaint Paul Against Have a safe and happy festival
6/30/2023 9:19 PMAmanda Vwj Against No to Hmong J4 ALL our lives matter. ALL our future & generations to come matters.
6/30/2023 8:36 PMHmong   No, don't support the Hmong J4 anymore.
6/30/2023 8:30 PMHong Against They city p***ed this resolution. Still, does not mean they can go ahead with the event. NO
6/30/2023 8:16 PMMai tria Against We should not support the event. It's messed up now. They make someone die there at the park. That mean the event should be shutdown.
6/30/2023 5:16 PMShutdownHJ4 Against The organization took away someone's life at their own event few years ago. The organization need to go to prison and the city & state must shutdown the Hmong J4 for good.
6/29/2023 8:07 PMJennifer Against No to the hmong j4. Not going to risk this time.
6/23/2023 5:18 PMLi Against Boycott no j4
6/14/2023 5:01 PMNo Against No
6/14/2023 2:50 AMJenny P Against all i have to say is no do not p***
6/14/2023 2:10 AMJohn M. Against shutdown, no to res ph 23-121
6/14/2023 2:09 AMAlice P Against Please all NO
6/14/2023 2:07 AMLeo Against do not p*** NO to the resolution
6/14/2023 2:06 AMGabriel Against not okay
6/14/2023 2:05 AMLiam   NO way
6/14/2023 2:04 AMJames Against vote NO
6/13/2023 9:16 PMPeter H. Against No. Shutdown the event already.
6/13/2023 6:26 PMErica Against Better NO
6/13/2023 5:36 PMDDD Against more on the organization's crimes, just visit this https://www.facebook.com/JUSTICE4KX
6/13/2023 5:33 PMDDD Against “That the death of Decedent was caused by the wrongful act of Nougai Xiong and The Hmong Freedom Festival. A cause of action therefore exists under Minn. Stat. 573.02 et. seq.” +1
6/13/2023 5:26 PMDDD   Case Information Case Number: 62-CV-20-24296 2 dash C V dash 2 0 dash 2 4 2 9 Case Title:In the Matter of the Appointment of a Trustee for the Next of Kin of Jacky Ger Vue, DecedentIn the Matter of the Appointment of a Trustee for the Next of Kin of Jacky Ger Vue, Decedent Case Type: Appointment of Trustee Date Filed:04/09/2020April 9 2020 Case Location:Ramsey County, Ramsey Civil Judicial Officer: Diamond, Patrick C. Case Status:Closed
6/13/2023 5:25 PMDDD Against No and you know why go here https://publicaccess.courts.state.mn.us/CaseSearch/ViewCaseDetails?roa=N%2BcHnBjDftBdc90sRWme0o5TEABDK03vbTREol***BaBAa56PdbkZYJb2Ccxzh3W56g8A%2FW9%2BluK3RmX6a%2F2wg%3D%3D
6/13/2023 5:13 PMJessica P. Against Please NO
6/13/2023 5:09 PMMike S. Against no more
6/13/2023 5:09 PMKURT JORGE Against No
6/13/2023 5:06 PMJennifer D. Against no
6/13/2023 5:04 PMBarbara E. Against Against please do not approve +1
6/13/2023 5:01 PMJoseph Gh Against All no. Don't need to p***
6/13/2023 5:01 PMTODD F Against Heck NO
6/13/2023 4:59 PMHengK Against Nope this year
6/13/2023 4:58 PMJULIE R   They had no safety plan. NO
6/13/2023 4:55 PMGeorge W. Against Please don't approve
6/13/2023 4:55 PMMichael K Against simply NO, NO, NO, NO, NO, NO, NO
6/13/2023 4:50 PMCharlie S. Against Don't approve city must remember what happen 2018
6/13/2023 4:50 PMJoan Against nope
6/13/2023 4:47 PMCarol Against 7 no's
6/13/2023 4:45 PMJon England Against CM should not p*** this resolution +1
6/13/2023 4:42 PMRobert Against No to this event this year.
6/13/2023 4:40 PMLilita Al. Against Do not approve
6/13/2023 4:37 PMKelly Ches Against No don't support
6/13/2023 4:37 PMJohn C Against nope
6/13/2023 4:36 PMKAREN PFEIFLE  Against the answer should be "NO" +1
6/13/2023 4:30 PMTiffanie C. Against NO
6/13/2023 4:30 PMDavid Gray Against don't approve
6/13/2023 4:24 PMElaine S Against I am voting NO
6/13/2023 4:21 PMJasper P. Against No. Safety should be a priority. Loud noise will cause people hearing problems +2
6/13/2023 2:55 AMhmoob moob Against no more hmong international freedom event