Title
Approving the application of the MN Department of Human Services for a sound level variance in order to present amplified sound on August 13, 2025 at 1600 Phalen Dr - Phalen Regional 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, §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 Department of Human Services, represented by Deondra Avery, Director of Employee Engagement, who has been designated as the responsible person on the application, has applied for a variance, for 127 dBA at no specific distance to present amplified sound for a DHS Day at the Park Event at 1600 Phalen Dr - Phalen Regional Park; and
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WHEREAS, applicant has requested a variance for the hours of 7:00 a.m. to 4:00 p.m. with a pre-event sound check at 7:00 a.m. on August 13, 2025 for a DHS Day at the Park Event; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 1600 Phalen Dr - Phalen Regional 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 MN Department of Human Services, subject to the following conditions:
1) The Variance shall be for the hours of 7:00 a.m. to 4:00 p.m. with a pre-event sound check at 7:00 a.m. on Wednesday, August 13, 2025 for a DHS Day at the Park Event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA at 50 feet from all sound sources
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 or during the variance or within 30 days thereafter. 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 4:00 p.m. on August 13, 2025, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the August 13, 2025 date 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
MN Department of Human Services, represented by Deondra Avery, Director of Employee Engagement, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 7:00 a.m. to 4:00 p.m. with a pre-event sound check at 7:00 a.m. on August 13, 2025. 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