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6 <br />WHEREAS <br /> , the Fire Services Agreement has been mutually beneficial to both <br />the City and the County, and the parties desire to extend the Agreement for the additional <br />three year term, beginning July 1, 2010 and ending June 30, 2013; and, <br /> <br />WHEREAS <br /> , the City is willing to waive the requirement that a written agreement <br />for the three year extension be executed prior to June 30, 2007. <br /> <br />NOW, THEREFORE, BE IT RESOLVED <br /> by the Council for the City of <br />Charlottesville, Virginia that the Mayor is hereby authorized to execute an extension of <br />the existing Fire Services Agreement for an additional three year term beginning July 1, <br />2010 and ending June 30, 2013, with all other terms, conditions and provisions of the Fire <br />th <br />Services Agreement, as in effect during the 10 year of the original agreement, remaining <br />in full force and effect during the three year extension. <br /> <br />nd <br />ORDINANCE <br />: NOISE ORDINANCE AMENDMENTS (2 reading) <br /> <br /> Ms. Edward said she would like to hear more from Councilors about the contract <br />with the Pavilion. She said other businesses are not feeling that they are being treated <br />equitably. <br /> <br /> Mr. Taliaferro said it would be help to hear about different noise levels and why <br />they exist. He said he has heard that restaurant owners get complaints about noise from <br />café patrons. <br /> <br /> Mr. O’Connell said that even though the agreement with the Pavilion limits noise <br />to 90 db, every event is monitored and they were under 70 db for every concert last year. <br />He said staff receives more complaints about performers on the mall than anything else. <br />He said staff is trying to be proactive about complaints. <br /> <br /> Dr. Brown asked if staff had received complaints from restaurants about the noise <br />ordinance, and Mr. Tolbert said no. <br /> <br /> Dr. Brown asked if we can determine if what we are imposing is a burden to small <br />businesses. <br /> <br /> Mr. Tolbert said that if doors are shut there is never a problem. He said the time <br />could be changed to 11:00 p.m. for other than the mall. He said he does not think the <br />ordinance will have an impact if they play by the rules. <br /> <br /> Mr. Huja said he has received at least three calls saying the ordinance will be a <br />good tool for the City. <br /> <br /> Mr. Taliaferro said his preference would be to change the time to 11:00 p.m. <br /> <br /> Mr. Tolbert said changing the time is fine outside of the mall. He said that will <br />keep things on an even keel with the Pavilion. <br /> <br /> Mr. Norris said there will still be a different standard for downtown restaurants <br />and others. <br /> <br /> Mr. Tolbert said if there is a problem the ordinance can be changed. <br /> <br /> On motion by Dr. Brown, seconded by Mr. Taliaferro, Section 16-11 was <br />amended to read 11:00 p.m. by the following vote. Ayes: Dr. Brown, Ms. Edwards, Mr. <br />Huja, Mr. Norris, Mr. Taliaferro. Noes: None. <br /> <br /> The ordinance entitled “AN ORDINANCE AMENDING AND REORDAINING <br />CHAPTER 16 (NOISE CONTROL) OF THE CHARLOTTESVILLE CITY CODE, <br />1990, AS AMENDED, TO REGULATE NOISE FROM RESTAURANTS DURING <br />THE NIGHTTIME HOURS AND AT ALL HOURS IN THE DOWNTOWN <br />BUSINESS DISTRICT,” which was offered at the February 19 meeting, as amended, <br /> <br />