Title
Approving the application of The United Hmong Family, Inc. for a sound level variance in order to present amplified sound on June 27-29, 2025 at 1151 Jessamine Avenue West - McMurray Fields.
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, The United Hmong Family Inc., represented by Mee Vang, Board President, who has been designated as the responsible person on the application, has applied for a variance, for 120 dBA at no specified distance, to present amplified sound for the Hmong International Freedom Festival at 1151 Jessamine Ave W - McMurray Fields.; and
WHEREAS, applicant has requested a variance for the hours of 8:00 a.m. to 9:00 p.m. on June 27-29, 2025 with a pre-event sound check on June 27, 2025 for the Hmong International Freedom Festival; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 1151 Jessamine Ave W - McMurray Fields.; 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 The United Hmong Family, Inc., subject to the following conditions:
1) The Variance shall be for the hours of 8:00 a.m. to 9:00 p.m. on Saturday June 28, and Sunday June 29, 2025 with a pre-event sound check on Friday, June 27, 2025 for up to a specific one hour period between the hours of 8:00 a.m.- 9:00 p.m. for the Hmong International Freedom Festival.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA at 50 feet from any stage and sound source during the June 28 and June 29, 2025 event dates and shall not exceed 80 dBA at 50 feet from any sound source between 8:00 a.m. and 9:00 p.m. during the specific one hour pre-event sound check on June 27, 2025.
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 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 used in the merchandise areas, on or near the sporting field events, must not exceed 75 dBA as measured at the nearest residential receiver. All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 p.m. on June 28-29, 2025, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the Saturday, June 28 and Sunday, June 29, 2025 music dates and June 27, 2025 pre-event sound checks may result in denial of future requests for the granting of a noise variance, in addition to any criminal citation which might issue. The applicant shall provide personnel and equipment to ensure compliance with the sound level variance conditions.
Required Background Information
The United Hmong Family, Inc., represented by Board President, Mee Vang, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 8:00 a.m. to 9:00 p.m. on June 27-29, 2025 with a pre-event sound check on June 27, 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