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Regular Council Meeting July 11, 2011 Page 6 x Mayor Hashmi asked Council Member McCarthy if he would accept a nomination for the A Xh Zoning Board of Adjustment and he said yes. A Motion to appoint Council Member McCarthy to the Zoning Board of Adjustment was maae by Council Member Wright and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 11. Deliberate and provide direction on amendments to the Noise Ordinance (establishment -of non - residential trash and waste collection and operating hours for businesses holding outdoor concerts). In follow -up to the Council meeting of June 27th, Gene Anderson said that he had contacted the sanitation providers and discussed operation time for pickup in or near residential areas. Mr. Anderson said the routes had been changed and Mr. Biard was pleased with the results. He also said that the staff recommended taking no action at that time, but to continue to monitor the situation. Mayor Hashmi asked each Council Member for their input regarding businesses holding outdoor concerts. City Council discussed the citizens' complaints, the possibility of the business owners building sound barriers, and meeting with the business owners and citizens in an effort to reach a solution. Chief Hundley provided information that reflected from May 1, 2008 through June 30, 2011, there were 39 calls before the hour of 10:00 p.m. and 22 calls of service after 10:00 p.m. for noise disturbances at Buffalo Joes. He also said that the Police Department had 7 or 8 calls after 10:00 p.m. for Crosswire. Chief Hundley said the Police Department had more calls on Crosswire for noise due to drunks and fights. Chief Hundley said State statute does not say that you have to be 85 decibels and above for it to be a violation. He said that according to State Law and City Ordinance there is a presumptive level that the noise is unreasonable at 85 decibels. Chief Hundley said that he was prepared to give the City Council a music demonstration of 85 decibels. Mayor Hashmi inquired of Council if they wanted a demonstration and Council declined. It was a consensus of the City Council that Mayor Hashmi and Gene Anderson would meet with the parties in an effort to reach a resolution to this issue. 12. Deliberate and provide direction to City staff on amending the Code of Ordinances to allow the police department to ticket, tow, and impound any vehicle that is not covered under automobile liability insurance. In follow -up to the meeting of June 27th, Chief Hundley said that he had two options for the Council to discuss. He explained option 1 as follows: 1) on a traffic violation stop in which the driver cannot provide proof of insurance, a citation would be issued. If the driver does not have a driver's license and cannot provide proof of required insurance coverage, the vehicle would be towed; and 2) on a traffic violation stop or after being involved in a collision, and the driver cannot provide proof of required insurance coverage, a citation would be issued. Chief Hundley recommended a public education period, should Council decide to adopt an Ordinance to allow towing and impounding of vehicles not covered under automobile liability insurance. City Council discussed options 1 and 2, different scenarios and the regulation of towing and