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File #: RES PH 23-242    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 9/6/2023
Title: Approving the applications of the Minnesota United FC for sound level variance applications in order to present amplified sound on Tuesday, September 12, Saturdays, September 16, 23, 30 and October 7, 2023, within the Street and the Beer Garden Area at Allianz Field - 400 Snelling Avenue North.
Sponsors: Russel Balenger
Ward: Ward - 1
Attachments: 1. Applications, 2. ENS, 3. Map, 4. Notice to Owners, 5. Owner's List, 6. Letter to Applicant

Title

Approving the applications of the Minnesota United FC for sound level variance applications in order to present amplified sound on Tuesday, September 12, Saturdays, September 16, 23, 30 and October 7, 2023, within the Street and the Beer Garden Area at Allianz Field - 400 Snelling Avenue North.

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, Minnesota United FC, represented by Zacharia Litzelswope, Director, Events and Guest Experience, who has been designated as the responsible person on the application, has applied for five variances, for a sound level limit of 95 dBA at no specified distance, to present amplified sound within the street and Beer Garden area for the US Men’s National Team v Oman; Minnesota United FC v Sporting KC, Minnesota United FC v St. Louis SC, Minnesota United FC v San Jose and for the Minnesota United FC v LA Galaxy game at Allianz Field - 400 Snelling Ave. N.; and

 

WHEREAS, applicant has requested a variance for the hours from 4:00 p.m. to 7:30 p.m. with a pre-event sound check at 3:00 p.m. on Tuesday, September 12, 2023 for the US Men’s National Team v Oman; Saturday, September 16, 2023 for the MNUFC v Sporting KC game, September 23, 2023 for MNUFC v St. Louis SC game, September 30, 2023 for MNUFC v San Jose game and October 7, 2023 for the MNUFC v LA Galaxy game; and

 

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound within the street and Beer Garden area outside of Allianz Field-400 Snelling Ave; and

 

WHEREAS, the Department of Safety and Inspections has reviewed the applications and have made recommendations regarding conditions for the variances.  Now, therefore, be it

 

RESOLVED, that the Council of the City of Saint Paul hereby grants five variances to the Minnesota United FC, subject to the following conditions:

 

1)                     The Variances shall be for the hours from 4:00 p.m. to 7:30 p.m. with a pre-event sound check at 3:00 p.m. on Tuesday, September 12, 2023 for the US Men’s National Team v Oman game, Saturday, September 16, 2023 for the MNUFC v Sporting KC game, September 23, 2023 for MNUFC v St. Louis SC game, September 30, 2023 for MNUFC v San Jose game and October 7, 2023 for the MNUFC v LA Galaxy game.

 

 

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.

 

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

 

4)                     All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 7:30 p.m. on Tuesday, September 12, 2023 and Saturdays, September 16, 23, 30 and October 7, 2023, the event dates.

 

FURTHER RESOLVED, that any violations of the conditions set forth above on the September 16, 23, 30 and October 7, 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

Minnesota United FC, represented by Zacharia Litzelswope, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 4:00 p.m. to 7:30 p.m. with a pre-event sound check at 3:00 p.m. for the US Men’s National Team v Oman on Tuesday, September 12, 2023; as well as for the Saturday, September 16, 2023 for MNUFC v Sporting KC game, September 23 for the MNUFC v St Louis SC game, September 30 for MNUFC v San Jose game and October 7, 2023 for the MNUFC v LA Galaxy game. 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

 

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