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5 PUBLIC BODY expenditures of funds granted the may be subject to audit by the DEPARTMENT and by the State Auditor of Public Accounts, and that funds granted to PUBLIC BODY PUBLIC BODY the for defraying the expenses of theshall be used only for such purposes as authorized in the Code of Virginia. The undersigned duly PUBLIC BODY qualified and acting Clerk of Council of the certifies that the foregoing is a true and correct copy of a Resolution, adopted at a legally convened meeting of the Charlottesville City Council held on the 19th day of February, 2008. ORDINANCE e. : “AN ORDINANCE TO RE-ENACT DIVISION 4 (SIGNS) OF ARTICLE IX (GENERALLY APPLICABLE REGULATIONS) OF CHAPTER 34 (ZONING), AND ADOPT A NEW DIVISION 34-1200 OF ARTICLE X (DEFINITIONS) OF CHAPTER 34 (ZONING) OF THE CHARLOTTESVILLE nd CITY CODE” (2 reading) PUBLIC HEARING/ORDINANCE : NOISE ORDINANCE AMENDMENTS Mr. Jim Tolbert, Director of Neighborhood Development Services, said that Council had asked staff to explore changes to the noise ordinance to deal with problem areas. He said no changes are proposed to the noise ordinance that governs residential neighborhoods. He said commercial zones have been added with a new restriction of 75 db between the hours of 10:00 p.m. and 6:00 a.m. for restaurants. He said the restriction on the downtown mall has been changed to apply to a restriction of 75 db 24 hours a day, seven days a week. He said the noise at the Pavilion is governed by the lease, not by the ordinance, and no changes are proposed to that. He said as mixed use areas have increased throughout the City, there are more restaurants that are surrounded by residential areas, and staff has started to get complaints. He said complaints on the mall have been about battery operated amplified music, and staff has received a tremendous number of complaints from businesses and café patrons and owners. Mr. Norris asked if the noise continued from businesses after they were approached and asked to reduce the volume. Police Chief Tim Longo said that numerous calls have been received about certain businesses, but since they were not included in the ordinance, the police were not able to enforce it. He said this will give officers another tool. He said 46 pages of complaints have been received city wide and 52 pages downtown. He said enforcement of the amendments should not be an issue. Responding to a question from Ms. Edwards, Mr. Tolbert said that a separate agreement governs the noise from the Pavilion. He said their noise level averages are below 75 db. Mr. O’Connell said there were major efforts last year to get the noise levels down at the Pavilion, and no complaints were received last year. Responding to a question from Mr. Norris, Mr. Tolbert said that it will only apply to music, not street cleaners or construction noise. The public hearing was opened. Ms. Janet Hatcher, 431 Monticello Road, said that Belmont is a mixture of residential and commercial, and has three restaurants. She said there are no issues with Mas or LaTaza and their indoor music, but there are problems with Sax. She said the ordinance is welcomed and strongly supported by the residents. She said there have been problems with noise and fights in the streets by patrons of Sax. She said Sax should also provide security. She noted that the owner of Sax is a conscientious man. Ms. Colette Hall, 101 Robertson Lane, President of the North Downtown Neighborhood Association, said that noise has been a long-time complaint by residents. She expressed concern that the Pavilion is excluded from the ordinance. She asked the City Attorney about the length of the contract and the decibel level for the Pavilion. She