Title
Approving the application of University of St. Thomas, Aaron Fimon, UST Public Safety Manager, for a sound level variance in order to present amplified sound on May 10, 2025 at 2115 Summit Avenue, University of St. Thomas, O’Shaugnessy 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, Aaron Fimon, UST Public Safety Manager, 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 ft from the sound source, to present amplified sound at 2115 Summit Avenue, University of Saint Thomas, O’Shaugnessy Stadium; and
WHEREAS, applicant has requested a variance for the hours of 11:00 a.m. to 4:00 p.m. on Saturday, May 10, 2025 with a pre-event sound check at 10:00 a.m. for the Spring Football Game; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 2115 Summit Avenue, University of Saint Thomas, O’Shaugnessy 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, Aaron Fimon, Public Safety Manager, subject to the following conditions:
1) The Variance shall be for the hours of 11:00 a.m. to 4:00 p.m. on Saturday, May 10, 2025 with a pre-event sound check at 10:00 a.m. for the Spring Football 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 for the event hours of 11:00 a.m. until 4:00 p.m. and shall not exceed 80 dBA as measured at 50 feet from the sound source during the pre-event sound check at 10:00 a.m. during the pre-event sound check on May 10, 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 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 shall be turned off no later than 4:00 p.m. May 10, 2025.
FURTHER RESOLVED, that any violation of the conditions set forth above on any of the dates may result in revocation of this variance for the remaining date(s), in addition to any criminal citation which might issue.
FURTHER RESOLVED, that any violations of the conditions set forth above on the May 10, 2025 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, UST Public Safety Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 11:00 a.m. until 4:00 p.m. on May 10, 2025 with a pre-event sound check at 10:00 a.m. 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