Title
Approving the application of Minnesota United FC & Allianz Field for a sound level variance to present a live and amplified musical performance on Saturday, May 18, 2019 at 400 Snelling Avenue North for the MN United FC vs Columbus Crew - MLS Game.
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 a live and amplified musical performance at 400 Snelling Avenue N; and
WHEREAS, applicant is seeking a variance for the hours of 4:00 p.m. until 11:00 p.m., with a pre-event sound at 3:00 p.m. on Saturday, May 18, 2019 at 400 Snelling Avenue N for the MN United FC vs Columbus Crew - MLS Game; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present live and amplified music 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 4:00 p.m. to 11:00 p.m., with a pre-event sound check at 3:00 p.m. on Saturday, May 18, 2019.
2) All electronically powered equipment used in conjunction with the event shall not exceed 105 dBA at 15 feet, (or, for equivalency of 95 dBA as measured 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 11:00 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 a live and amplified musical performance, with limitations, from 4:00 p.m. to 11:00 p.m., with a pre-event sound check at 3:00 p.m. on Saturday, May 18, 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