Title
Approving the application of Flint Hills Family Festival for a sound level variance in order to present live music at 4th & Washington Streets and at Landmark Plaza from May 29 through June 2, 2018.
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, represented by Julia Erickson, Associate Production Manager, who has been designated as the responsible person on the application, has applied for a variance with a requested sound level limit of 90-110 decibels (dBA) at no specified distance, to present live music for the Flint Hills Family Festival at 4th Street and Washington and at Landmark Plaza with a sound system from 9:30 a.m. to 2:00 p.m. on May 29 through June 1 for children’s sessions, with a pre-event sound check at 9:00 a.m.; additionally, 4:00 p.m. to 9:00 p.m. on June 1; and 10:00 a.m. to 8:30 p.m. on June 2, 2018; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present live music with a sound system at 4th Street and Washington and at 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 sound level variance to the Ordway, subject to the following conditions:
1. The variance will be for the Flint Hills Family Festival for live music at 4th & Washington Streets and Landmark Plaza from 9:30 a.m. to 2:00 p.m. on May 29 through June 1, with a pre-event sound check at 9:00 a.m.; additionally, from 4:00 p.m. to 9:00 p.m. on June 1; and from 10:00 a.m. to 8:30 p.m. on June 2, 2018. All electronically powered equipment, PA system, loudspeaker or any similar device used in conjunction with the event, will not exceed 90 dBA, as measured 50 feet from any stage or sound source used for music and/or announcements.
2. The applicant shall provide personnel and equipment to ensure compliance with the variance conditions.
3. All electronically powered equipment, PA systems, loudspeakers or similar devices will be turned off by 2:00 p.m. May 29 through June 1, for school sessions; 9:00 p.m. on June 1, and 8:30 p.m. on June 2, 2018.
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal citation which might issue.
Required Background Information
The Ordway, represented by Julia Erickson, Associate Production Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present live bands for the Flint Hills Family Festival, from May 29 through June 1 from 9:30 a.m. to 2:00 p.m. for children sessions; June 1 from 4:00 p.m. to 9:00 p.m. and June 2, 2018, from 10:00 a.m. to 8:30 p.m., with a pre-event sound check at 9:00 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