Title
Approving the application of the Ordway Center For The Performing Arts for a sound level variance to allow amplified sound and music during the Ordway Center Summer Dance Series to be held between 6:00 p.m. and 10:00 p.m., with pre-event sound checks between 3:30 p.m. and 5:30 p.m., on Thursdays, June 25, July 9, July 16, and July 23, 2015 at Rice Park. (Public hearing continued from June 3)
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, the Ordway Center For The Performing Arts, represented by Julia Erickson, Assistant Production Manager, who has been designated as the responsible person on the application, has applied for a variance, to allow amplified sound and music at Rice Park; and
WHEREAS, applicant is seeking a variance for 110 dBA at an unspecified distance for the hours between 6:00 p.m. and 10:00 p.m., with pre-event sound checks between 3:30 p.m. and 5:30 p.m. on Thursday, June 25th, July 9th, 16th, and 23rd, 2015; and
WHEREAS, if applicant is not granted a variance it will not be able to present the amplified sound and music in Rice Park; 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 Ordway Center For The Performing Arts, subject to the following conditions:
1) The variance will be for the Ordway Center Summer Dance Series to be held in Rice Park, for the hours of 6:00 p.m. and 10:00 p.m., with pre-event sound checks between 3:30 p.m. and 5:30 p.m. on Thursday, June 25th, July 9th, 16th, and 23rd, 2015.
2) All electronically powered equipment, PA systems, loudspeakers, musical instruments or similar noise producing devices used in conjunction with the event must not exceed 90 dBA, as measured at 50 feet from any stage or sound source.
3) The applicant will provide personnel and equipment to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers musical instruments or similar noise producing devices must be turned off no later than 10:00 p.m. on each of the event dates.
FURTHER RESOLVED, that any violation of the conditions set forth above, on any of the dates indicated, may result in revocation of this variance, in addition to any criminal citation which might issue.
Required Background Information
The Ordway Center For The Performing Arts, represented by Julia Erickson, Assistant Production Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to allow amplified sound and music, with limitations, in Rice Park, between 6:00 p.m. and 10:00 p.m., with pre-event sound checks between 3:30 p.m. and 5:30 p.m. on Thursday, June 25th, July 9th, 16th,and 23rd, 2015. 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