2015-05-13 CC Set Agenda - Laserfiche WebLink

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PETITION FOR RECOMMENDATIONS Regarding Regulating Music at Outside Public Events Dated August 3, 2014 This Petition was created due to the event that took place at Kelly's Bar on July 26, 2014 in which Kelly's Bar and the Centerville Lion's Club partnered together to host a fund raiser in connection with the Fete des Lacs Festival. At this time, as concerned citizens, we want to make it perfectly clear that we do not wish to deny the Centerville Lion's Club of any fundraisers in the future. They're very much appreciated for their hard work and the time they put into fund raising events in trying to make this community a better place. However,the event that took place on July 26,2014 is of great concern and we are asking the Council, at this time,to remedy this problem from occurring again in the future with similar events. The main problem of this event was the unnecessary high volume of the music especially the bass. The band started at 6:00 p.m. and ended a few minutes after 12:00 a.m. The six hours that the band played the volume and bass were outrageous. The area that the band played in was a fenced in area. Thus, it was not necessary for such a loud sound system. This music could be heard up to a mile away. As residents we feel we have a right to the enjoyment of our property whether it's inside or out. See Exhibit A as to safe levels of sound. Also,there are people that have young children that need to go to bed, people that have to work the next day, health issues that require rest periodically throughout the day and evening or other obligations that require getting up early. Also,we recommend the members of the Council do an internet search on the serious health effects of continued loud decibels. The downtown area is zoned as mixed use. There are ordinances for this area and other areas of Centerville regarding nuisances which are very specific. We refer you to Chapter 91: Health and Safety:Nuisances, Sec. General Provisions 91.01-.09. We understand that this applies to daily living and this event on July 26, 2014 was a variance granted by the City Council. However,we feel that when a variance is granted by the City Council especially in such close proximity of residential properties that you hold the parties involved to adhere especially to the time published to residents and a decibel level that's acceptable to the neighboring property owners. According to Section 91.09(C)(4)(a), under Exceptions for special events,the time of the event is supposed to be clearly stated. The event was stated as starting at 8:00 p.m. but no end time. The event actually started at 6:60 p.m. and ended about 12:05 a.m. The variance may have been granted to start at 6:00 p.m. but the understanding of the citizens was it was supposed to start at 8:00 p.m. This was not clearly stated on the City's website nor in The Citizen. Also,there was no effort to minimize the volume of the music,at any time,which also goes against the variance stating the Council shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected,the adverse impact on property affected, and any other adverse effects of granting the variance. Another possible serious situation is that the volume and bass was so loud that if there were an emergency vehicle coming through the city at the time the band was playing,would people be able to hear them and make room for them to get by? A serious situation could have arisen during this event due to the fact not being able to hear a siren. This is a safety issue. -1-