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2010-02-16
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2010-02-16
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5 <br /> Dr. Brown suggested that we might not want to proceed with the RFP until we get <br />the dredging report. <br /> <br /> Ms. Szakos said she is inclined to move forward as we will have some <br />information from the interim dredging study. <br /> <br /> Dr. Brown said he would agree to that as long as we get preliminary information <br />before making a final decision on awarding the RFP. <br /> <br /> On motion by Mr. Huja, seconded by Dr. Brown, the RFP was approved, with <br />language recommended by Ms. Hildebrand, by the following vote. Ayes: Dr. Brown, <br />Ms. Edwards, Mr. Huja, Ms. Szakos. Noes: None. Absent for the vote. <br /> <br />ORDINANCE <br />: NOISE ORDINANCE AMENDMENTS <br /> <br /> Mr. Tolbert said the proposed ordinance grew out of discussions with the Belmont <br />neighborhood. He said the alternate ordinance would apply citywide. He suggested <br />adding “amplified sound” as it is not intended to apply to people talking at a patio, and <br />inserting that the noise would be measured at the residential boundary. He recommended <br />that Council consider only applying the ordinance to neighborhood commercial zones, <br />which includes Belmont and part of Fontaine Avenue, at this time, and if Council wants <br />to pursue applying it citywide that there be a discussion with the community first. <br /> <br /> Mr. Huja said he is reluctant to adopt the ordinance if Fontaine Avenue businesses <br />have not been notified. <br /> <br /> Dr. Brown said the circumstances are different on Fontaine Avenue because the <br />residents are farther away from the businesses. <br /> <br /> <br /> Mr. Tolbert said he can notify the businesses on Fontaine Avenue prior to the <br />second reading of the ordinance. <br /> <br /> Ms. Szakos said she has received calls from other residential areas, and asked that <br />Mr. Tolbert clarify the existing law. <br /> <br /> Mr. Tolbert said his interpretation is that noise from commercial zones is not <br />included, only noise originating from residential areas. <br /> <br /> Mr. Brown said that is correct which is what led us to make changes to the <br />downtown mall and to restaurants citywide. <br /> <br /> Dr. Brown said it would be nice to have more data about complaints and decibel <br />levels found as a result. He said this really involves one business and one neighborhood, <br />and he does not want to correct the problem with a broad brush. He suggested changing <br />the decibel level restriction to 60 or 65. He said he does not want to over-react. He said <br />if there are problems elsewhere we should get documentation of them. <br /> <br /> Mr. Huja agreed with Dr. Brown. He said we need to address the concerns in <br />Belmont, and he would not mind going to 60 decibels. <br /> <br /> Ms. Szakos said she thinks there is a rational basis for a 55 decibel level since that <br />already exists in neighborhood zones. <br /> <br /> Dr. Brown said he would support 60 decibels limited to commercial neighborhood <br />zones. <br /> <br /> Dr. Brown made a motion to approve the ordinance with a 60 decibel level in <br />commercial neighborhood zones, Mr. Huja seconded the motion, and the ordinance <br />entitled “AN ORDINANCE AMENDING AND REORDAINING SECTION 16-11 OF <br />CHAPTER 16 (NOISE CONTROL) OF THE CHARLOTTESVILLE CITY CODE, <br />1990, AS AMENDED, RELATING TO NOISE FROM RESTAURANTS IN THE <br /> <br />
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