Title
Approving the application of the Minnesota United FC/Allianz Field for a sound level variance in order to present amplified sound on August 9 and 10, 2022 outside of Allianz Field - 400 Snelling Avenue North.
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, Minnesota United FC/Allianz Field, represented by Zacharia Litzelswope, Director, Events and Guest Experience, who has been designated as the responsible person on the application, has applied for a variance, for a sound level limit of 95 dBA at no specified distance, to present amplified sound for the MLS Skills Challenge (August 9, 2022), MLS All Star Game (August 10, 2022), and MLS Hospitality (August 10, 2022) events outside of Allianz Field - 400 Snelling Ave. N.; and
WHEREAS, applicant has requested a variance for the hours from 3:00 p.m. to 7:00 p.m. with a pre-event sound check at 1:00 p.m. on Tuesday, August 9 and Wednesday, August 10, 2022 and the hours 9:00 p.m. to 11:30 p.m. with a pre-event sound check at 8:00 p.m. on Wednesday, August 10, 2022 for the MLS Skills Challenge, MLS All Star Game, and MLS Hospitality events; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound outside of Allianz Field-400 Snelling Ave; 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 the Minnesota United FC/Allianz Field, subject to the following conditions:
1) The Variance shall be for the hours from 3:00 p.m. to 7:00 p.m. with a pre-event sound check at 1:00 p.m. on Tuesday, August 9 and Wednesday, August 10, 2022 and the hours of 9:00 p.m. to 11:30 p.m. with a pre-event sound check at 8:00 p.m. on Wednesday, August 10, 2022.
2) All electronically powered equipment used in conjunction with the event shall not exceed 92 dBA as measured at 50 feet from all sound sources.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound source during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 7:00 p.m. on August 9 and 10 and no later than 11:30 p.m. on August 10, 2022, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on August 9 and 10, 2022 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/Allianz Field, represented by Zacharia Litzelswope, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound for the MLS Skills Challenge, MLS All Star Game, and MLS Hospitality events, with limitations, from 3:00 p.m. to 7:00 p.m. with a pre-event sound check at 1:00 p.m. on Tuesday, August 9 and Wednesday, August 10, 2022 and the hours 9:00 p.m. to 11:30 p.m. with a pre-event sound check at 8:00 p.m. on Wednesday, August 10, 2022. 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