Title
Approving the application of the Asian Economic Development Association for a sound level variance for amplified music and performances on three outdoor stages located in the parking lots at 377, 394 and 422 University Avenue West on Saturday, June 10 and Sunday, June 11, 2017 for the Little Mekong Night Market.
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 Asian Economic Development Association, represented by Jeffrey Whitman, Event Manager, who has been designated as the responsible person on the application, has applied for a sound level variance, at a requested sound level limit of 90 decibels (dBA) at 50 feet, in order to present various activities such as amplified music, performances, and announcements, on three outdoor stages, located in the parking lots at 377, 394 and 422 University Avenue West, for the Little Mekong Night Market; and
WHEREAS, applicant is seeking a variance, at a requested sound level limit of 90 (dBA) at a distance of 50 feet from the sound source, for the hours of 5:00 p.m. until 12:00 p.m. midnight on Saturday, June 10, 2017 and from 5:00 p.m. to 10:00 p.m. on Sunday, June 11, 2017, with a pre-event sound check from noon until 5:00 p.m. for the Little Mekong Night Market; and
WHEREAS, if the applicant is not granted a variance, applicant will not be able to present various activities such as amplified music, performances and announcements, on three outdoor stages, located in the parking lots at 377, 394 and 422 University Avenue West for the Little Mekong Night Market; 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 Asian Economic Development Association, subject to the following conditions:
1) The variance will be for the Little Mekong Night Market on three outdoor stages located in the parking lots at 377, 394 and 422 University Avenue West from 5:00 p.m. until 11:59 p.m. on Saturday, June 10, 2017 and from 5:00 p.m. to 10:00 p.m. on Sunday, June 11, 2017, with a pre-event sound check from noon until 5:00 p.m.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event must not exceed 90 dBA as measured 50 feet from any stage or sound source from 5:00 p.m. until 10:00 p.m. on June 10, 2017 and June 11, 2017, and must not exceed 85 dBA as measured 50 feet from the sound source from 10:01 p.m. until 11:59 p.m. on Saturday, June 10, 2017.
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 or similar devices must be turned off no later than 11:59 p.m. on June 10, 2017 and 10:00 p.m. on June 11, 2017.
5) The Asian Economic Development Association must maintain a copy of the approved sound level variance at the event location and have it available for review by the City of Saint Paul Police or inspection personnel.
FURTHER RESOLVED, that any violation of the conditions set forth above may result in revocation of this variance for any subsequent dates and/or the denial of any future variance requests, in addition to any criminal citation which might issue.
Required Background Information
The Asian Economic Development Association, represented by Jeffrey Whitman, Event Manager, has requested an exemption from the sound level limitations in Chapter 293 to be able to present various activities such as amplified music, performances, and announcements, on three outdoor stages, located at 377, 394 and 422 University Avenue West, from 5:00 p.m. to Midnight on June 10 and 5:00 p.m. until 10:00 p.m. on June 11, 2017, with a pre-event sound check from noon until 5:00 p.m. for the Little Mekong Night Market. 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