Title
Approving the application of Minnesota United FC & Allianz Field for a sound level variance to present live and/or DJ Booth amplified music on Sunday, August 4, 2019 at 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, MN United FC & Allianz Field, represented by Zacharia Litzelswope, Director of Events and Guest Experiences, has applied for a variance, at a requested sound level limit of 105 decibels (dBA) at no specified distance, to present live amplified music in the street and/or DJ Booth within the Beer Garden area at 400 Snelling Avenue N; and
WHEREAS, applicant is seeking a variance for the hours of 12:30 p.m. until 7:00 p.m., with a pre-event sound check at 11:30 a.m. on Sunday, August 4, 2019 at 400 Snelling Avenue N for the MN United FC vs Portland Timbers Game; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present live music in the street and/ or DJ Booth amplified music within the Beer Garden area at 400 Snelling Avenue N; 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 MN United FC & Allianz Field, subject to the following conditions:
1) The Variance shall be for the hours of 12:30 p.m. to 7:00 p.m., with a pre-event sound check at 11:30 a.m. on Sunday, August 4, 2019.
2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA at 50 feet from the sound source.
3) The applicant shall provide personnel and equipment to for continuous sound level monitoring to ensure compliance with the sound level limit stated in condition number two (2).
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 7:00 p.m. on the date of the event.
FURTHER RESOLVED, that any violations of the conditions set forth above on the first date may result in revocation of the grant of a variance for the subsequent date, in addition to any criminal citation which might issue.
Required Background Information
MN United FC & Allianz Field has requested an exemption from the sound level limitations in Chapter 293.07 in order to present live music in the street and/or DJ Booth amplified music within the Beer Garden area, from 12:30 p.m. to 7:00 p.m., with a pre-event sound check at 11:30 a.m. on Sunday, August 4, 2019 for the MN United FC and Allianz Field at 400 Snelling Ave N. 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