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Approving the application of Ordway Center for a sound level variance in order to present amplified sound for a Flint Hills Family event on May 27-30, 2026, at 109 West 4th Street - Rice Park and 379 Saint Peter Street - Landmark Plaza.
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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, section 293.10 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, Ordway Center ("Applicant"), represented by Julia Erickson, Director of Production, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of 110 dBA at no specified distance from the sound source to present amplified sound at 109 W 4th Street - Rice Park and 379 Saint Peter Street - Landmark Plaza; and
WHEREAS, the Applicant has requested a variance for the hours of 9:30 a.m. to 1:30 p.m., with pre-event sound checks at 9:00 a.m., on May 27, 28, 29, and for the hours of 4:30 p.m. to 9:30 p.m. on May 29, and for the hours of 9:00 a.m. to 5:00 p.m., with a pre-event sound check at 8:15 a.m., on May 30, 2026, for the Flint Hills Family event; and
WHEREAS, if the Applicant is not granted a variance, then the Applicant will not be able to present amplified sound at 109 W 4th Street - Rice Park and 379 Saint Peter Street - Landmark Plaza; 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 Ordway Center, subject to the following conditions:
1) The Variance shall be for the hours of 9:30 a.m. to 1:30 p.m. on May 27 and 28, 9:30 a.m. to 1:30 p.m. and 4:30 p.m. to 9:30 p.m. on Friday, May 29, with pre-event sound checks at 9:00 a.m. on May 27, 28, 29, and for the hours of 9:00 a.m. to 5:00 p.m., with a pre-event sound check at 8:15 a.m., on May 30, 2026, for the Flint Hills Family event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from any sound source.
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 of 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 and within 30 days thereafter. The 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 1:30 p.m. on May 27, 28, 29, and no later than 9:30 p.m. for the evening program on May 29, and no later than 5:00 p.m. on May 30, 2026.
FURTHER RESOLVED, that any violations of the conditions set forth above on May 27-30, 2026, 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
Ordway Center, represented by Julia Erickson, Director of Production, has requested a variance from the sound level limitations in section 293.07 in order to present amplified sound, with limitations, from 9:30 a.m. to 1:30 p.m. on May 27, 28, 29, 4:30 p.m. to 9:30 p.m. on May 29, and 9:00 a.m. to 5:00 p.m. on May 30, 2026. Section 293.10 provides for the granting of variances from the sound level limitations contained in section 293.07.
Was proper notice given? YES - See Attachments