By Moses Leos III.
Correction: in the Dec. 4 print edition, we reported the Buda City Council vote on the noise ordinance amendment as 5-1, with Mayor Todd Ruge as the dissenting vote. The vote was in fact 4-2, with council member Eileen Altmiller also casting a dissenting vote, according to council member Angela Kennedy, who said Altmiller did not support the 11:30 p.m. amendment on Friday and Saturday nights. We apologize for the oversight.
Complaints about music on Main Street forced the Buda City Council to take action. But their motion left a sour note for live music fans.
In a 5-1 vote, with one absence, the Buda City Council amended its noise ordinance, specifically lowering decibel (dB) levels from the previous mark of 80 to 70 during the day and 63 at night.
“Night” was defined as 9 p.m. to 7 a.m. However, council chose to extend it to 11:30 p.m. on Fridays and Saturdays.
The saga began in October, when the Buda Planning and Zoning (P&Z) Commission discussed amending the ordinance.
Buda Police Chief Bo Kidd said in an emailed response that the department was aware of noise complaints regarding downtown businesses.
On Nov. 12, the P&Z made recommendations regarding the noise ordinance, with revised decibel levels. The commission defined night as 10 p.m. to 7 a.m.
Julie Renfro, owner of Nonna Gina’s and Tavern on Main, said the P&Z failed to do its “due diligence” by not consulting business owners, leading to an “emotional reaction.”
On Nov. 19, the city council took up the measure, adding its decibel level ideas.
City staff presented a third option, basing decibel levels on an existing Georgetown ordinance.
Chance Sparks, Director of Planning, said Georgetown is similar to Buda, where residential areas are close to downtown.
The city would measure decibel levels at the property line of an establishment, home or workspace.
Council unanimously chose to go with the third option. But in a late move, councilmember Eileen Altmiller proposed an amendment to redefine night as 9 p.m. to 7 a.m.
It set up a firestorm of opposition during Tuesday’s second reading.
Sixteen individuals spoke on the issue – 14 against the measure and only two, long-time residents Rose Marie Shelton and Tommy Poer – in favor of it.
The reasons were wide and ranging. But the consensus was clear – the decibel level was too low and night too early. Many believed downtown would be hindered by the new standards
On Nov. 19, Renfro said the Georgetown numbers were tolerable, but not preferred.
But in her comment Tuesday, she felt those figures needed to be viewed by experts. She also “strongly opposed” night starting at 9 p.m.
“I truly believe a vibrant – respectful – but vibrant music scene can make or break a town like this,” Renfro said.
It was enough to sway Mayor Todd Ruge, who attempted to table the issue.
But his motion died. Altmiller and several other council members succeeded. Altmiller said postponement would prolong suffering from those affected by the music.
“How many times do people need to complain?” she asked. “How many times do we need to hear them say the same thing?”
Youngest councilmember Angela Kennedy added the caveat of expanding night to 11:30 p.m.
It was a bittersweet victory for Renfro, who said she would be more than happy to work with the new sound ordinance, but expressed disappointment the council didn’t bring in sound experts.
“I was sorry to see that,” she said. “There was a lot of flying by the seat of their pants.”
Ruge, the dissenting vote, was disappointed the motion was not tabled. He hoped to see the city’s new Downtown Master Plan committee discuss the decibel levels with citizens and business owners.
But he backed council decision, saying, “It’s the law.”
James Rios, owner of Cleveland’s, said extending night on the weekend was a “win.”
However, keeping the decibel levels at the Georgetown level will inevitably stunt growth.
“It’s as if Buda does not want to grow,” Rios said. “[Downtown] has regressed. That’s what has happened tonight.”
