Title
Approving the application of One Simple Plan/Clint Roberts for a sound level variance in order to present amplified sound on Thursdays June 12, 19, 26, July 10, 17, 24, 31, August 7, 14, and September 4, 2025, at Mears Park - 221 5th St E.
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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, One Simple Plan/Clint Roberts, represented by Clint Roberts, Director, who has been designated as the responsible person on the application, has applied for a variance, for 95 dBA at no specified distance, to present amplified sound for the Lowertown Sounds Concert events at Mears Park - 221 5th St E.; and
WHEREAS, applicant has requested a variance for the hours of 6:00 p.m. to 10:00 p.m. with a pre-event sound check at 4:00 p.m. on Thursdays June 12, 19, 26, July 10, 17, 24, 31, August 7, 14, and September 4, 2025, for Lowertown Sounds Concert events; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at Mears Park - 221 5th St E.; 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 One Simple Plan/Clint Roberts, subject to the following conditions:
1) The Variance shall be for the hours of 6:00 p.m. to 10:00 p.m. with a pre-event sound check at 4:00 p.m. on Thursdays June 12, 19, 26, July 10, 17, 24, 31, August 7, 14, and September 4, 2025 for Lowertown Sounds.
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 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. FURTHER RESOLVED, that any violations of the conditions set forth above on the Thursdays, June 12, 19, 26, July 10, 17, 24, 31, August 7, 14, and September 4, 2025 dates may result in denial of future requests for the grant 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.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:00 p.m. on Thursdays June 12, 19, 26, July 10, 17, 24, 31, August 7, 14, and September 4, 2025.
FURTHER RESOLVED, that if three or more verified complaints from residents or businesses in the area regarding significant negative impact from the increased sound level variance for the Lowertown Sounds Concert Events, sound level variances may be amended or revoked by the council. Such reduction will not require a further hearing before council but shall be documented in a written communication to council from DSI; and be it
FURTHER RESOLVED, that any violations of the conditions set forth above on the Thursdays June 12, 19, 26, July 10, 17, 24, 31, August 7, 14, and September 4, 2025, the event 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
One Simple Plan/Clint Roberts, represented by Director, Clint Roberts, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 6:00 p.m. to 10:00 p.m. with a pre-event sound check at 4:00 p.m. on Thursdays June 12, 19, 26, July 10, 17, 24, 31, August 7, 14, and September 4, 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