Title
Approving the application of Hot Summer Jazz Festival for a sound level variance in order to present amplified sound for a Twin Cities Jazz Festival event on June 19 and 20, 2026, at 221 East Fifth Street - Mears Park.
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, section 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, Hot Summer Jazz Festival ("Applicant"), represented by Dayna Martinez, Executive Director, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of 95 decibels (dBA) at 100 feet from the sound source to present amplified sound at 221 East Fifth Street - Mears Park; and
WHEREAS, the Applicant has requested a variance for the hours of 12:00 pm to 10:00 pm on June 19 and 20, 2026, with a pre-event sound check at 11:00 am on event days, for the Twin Cities Jazz Festival event; and
WHEREAS, if the Applicant is not granted a variance, then the Applicant will not be able to present amplified sound at 221 East Fifth Street - Mears Park; 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 Hot Summer Jazz Festival, subject to the following conditions:
1) The Variance shall be for the hours of 12:00 pm to 10:00 pm on June 19 and 20, 2026, with a pre-event sound check from 11:00 am on event days, for the Twin Cities Jazz Festival event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from all sound sources from 12:00 pm to 10:00 pm on Friday, June 19 and Saturday, June 20, 2026.
3) 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.
4) All electronically powered equipment, PA systems, loudspeakers, or similar devices shall be turned off no later than 10:00 pm on June 19 and 20, 2026.
FURTHER RESOLVED, that any violations of the conditions set forth above on June 19 and 20, 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
Hot Summer Jazz Festival, represented by Dayna Martinez, Executive Director, has requested a variance from the sound level limitations in section 293.07 in order to present amplified sound, with limitations, from 12:00 pm to 10:00 pm on June 19 and 20, 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 Attachment