Title
Approving the application of District Energy St. Paul for a sound level variance in order to present amplified sound for a District Energy Boiler Testing event on June 29 through July 3 and July 6 through July 10, with the potential addition of July 11 through July 17, 2026, at 125 Shepard Road.
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, § 293.10 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, District Energy St. Paul ("Applicant"), represented by Chris Peterson, Director of Regional Operations, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of less than 60 decibels (dBA) at 100 feet from the sound source to present amplified sound at 125 Shepard Road; and
WHEREAS, the Applicant has requested a variance for the hours of 7:00 am to 6:00 pm June 29 through July 3 and July 6 through July 10, with the potential addition of July 11 through July 17, 2026, for the District Energy Boiler Testing event; and
WHEREAS, if the Applicant is not granted a variance, then the Applicant will not be able to present amplified sound at 125 Shepard Road; 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 District Energy St. Paul, subject to the following conditions:
1) The Variance shall be for the hours of 7:00 am to 6:00 pm on June 29 through July 3 and July 6 through July 10, with the potential addition of July 11 through July 17, 2026, for the District Energy Boiler Testing event.
2) District Energy St. Paul shall take all practical steps available to minimize the noise levels during this period which do not otherwise unduly hinder testing or unreasonably increase the costs of the project.
3) The applicant shall use best practicable methods for controlling noise, such as, but not limited to noise blankets, steam piping silencer, shields or portable sound barriers. Construction activities should be scheduled to minimize noise as much as possible.
4) 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 than 60 minutes apart thereafter. The report shall be made available for viewing by city staff upon request during the variance and within 30 days thereafter. The Applicant shall also conduct a decibel reading during the variance upon request of city staff.
5) All powered equipment shall be turned off no later than 6:00 pm on June 29 through July 3 and July 6 through July 10, with the potential addition of July 11 through July 17, 2026.
FURTHER RESOLVED, that any violations of the conditions set forth above on June 29 through July 3 and July 6 through July 10, with the potential addition of July 11 through July 17, 2026, the event dates, may result in the revocation or modification of this variance, the denial of future applications for a variance, and/or the issue of any criminal citation.
Required Background Information
District Energy St. Paul, represented by Chris Peterson, Director of Regional Operations, has requested a variance from the sound level limitations in section 293.07 in order to present amplified sound, with limitations, from 7:00 am to 6:00 pm on June 29 through July 3 and July 6 through July 10, with the potential addition of July 11 through July 17, 2026. Section 293.10 provides for the granting of variances from the sound level limitations contained in section 293.07.
Was proper notice given? YES - See Attachments