Title
Approving the application of University of St. Thomas, for a sound level variance in order to present live amplified sound on August 29, 2024 at 2115 Summit Avenue - O’Shaughnessy Stadium.
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, University of St. Thomas, represented by Aaron Fimon, Manager - UST Public Safety, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 92 dBA measured at 50 feet from the sound source, to present amplified sound at 2115 Summit Avenue - O’Shaughnessy Stadium; and
WHEREAS, applicant has requested a variance for the hours of 5:00 p.m. to 9:00 p.m. on Thursday, August 29, 2024 with a pre-event sound check from 4:00 p.m. for a St. Thomas Football Game; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 2115 Summit Avenue - O’Shaughnessy Stadium; 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 University of St. Thomas, subject to the following conditions:
1) The Variance shall be for the hours of 5:00 p.m. to 9:00 p.m. on Thursday, August 29, 2024 with a pre-event sound check from 4:00 p.m. for the St. Thomas Football Game, at 2115 Summit Avenue - O'Shaughnessy.
2) All electronically powered equipment used in conjunction with the event shall not exceed at 92 dBA measured at 50 feet from the sound sources.
3) The applicant shall continuously monitor the decibel level from the variance approved distance of each noise source throughout the duration of the variance and create a report that records the decibel levels at intervals no greater than 10 minutes apart. The report shall be available for viewing by city staff, upon request.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 p.m. on August 29, 2024, the event date.
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 St. Thomas Football Game, the sound level variance 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 August 29, 2024 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
University of St. Thomas, represented by Aaron Fimon, St. Paul Campus Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 5:00 p.m. to 9:00 p.m. with a pre-event sound check from 4:00 p.m. on Thursday, Augus9, 2024. 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