Title
Approving the applications of the Minnesota United FC for sound level variance applications in order to present amplified sound on September 28, and October 19, 2024, within the Street and the Beer Garden Area at Allianz Field - 400 Snelling Avenue North.
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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, Minnesota United FC, represented by Steven Lorbiecki, Event Operations Manager, who has been designated as the responsible person on the application, has applied for two variances, for a sound level limit of 95 dBA at no specified distance, to present amplified sound within the street and Beer Garden area for the Minnesota United FC v Colorado Rapids and for the Minnesota United FC v St. Louis game at Allianz Field - 400 Snelling Ave. N.; and
WHEREAS, applicant has requested a variance for the hours from 5:30 p.m. to 7:30 p.m. with a pre-event sound check at 5:00 p.m. on Saturday September 28, 2024 for MNUFC v Colorado Rapids game and from 5:30 p.m. to 8:00 p.m. with a pre-event sound check at 5:00 p.m. on Saturday October 19, 2024, for the MNUFC v St. Louis game; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound within the street and Beer Garden area outside of Allianz Field - 400 Snelling Ave; and
WHEREAS, the Department of Safety and Inspections has reviewed the applications and have made recommendations regarding conditions for the variances. Now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants two variances to the Minnesota United FC, subject to the following conditions:
1) The Variances shall be for the hours of 5:30 p.m. to 7:30 p.m. with a pre-event sound check at 5:00 p.m. on Saturday September 28, 2024 for the MNUFC v Colorado Rapids game, and from 5:30 p.m. to 8:00 p.m., with a pre-event sound check at 5:00 p.m. on Saturday October 19, 2024 for the MNUFC v St. Louis game.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from all sound sources on September 28, and October 19, 2024.
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 7:30 p.m. on September 28, and no later than 8:00 p.m. on October 19, 2024.
FURTHER RESOLVED, that any violations of the conditions set forth above on the September 28, and October 19, 2024 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
Minnesota United FC, represented by Steven Lorbiecki, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound for the MNUFC v Colorado, with limitations, from 5:30 p.m. to 7:30 p.m. with a pre-event sound check at 5:00 p.m. on Saturday September 28, 2024, and from 5:30 to 8:00 p.m. with a pre-event sound check at 5:00 p.m. on Saturday October 19, 2024 for the MNUFC v St. Louis game. 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