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05-Minutes from the meeting on July 11, 2011CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 07/21 /2011 Council Date: 07/25/2011 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 5. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of July 11, 2011. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris 1 Revised 2/04/08 w V MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 11, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 11, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Jason Rogers; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; and Ron Sullivan, Public Works Director Onenin2 Agenda Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. City Engineer Shawn Napier gave the invocation. 3. Pledge of Allegiance. Council Member Jason Rogers led the pledge. 4. Citizens' forum. Chris Lancaster, 1735 Cleveland - he said he had an issue with item #11. Mr. Lancaster said that he was a musician, that he had played at Buffalo Joe's, and that his music noise level was monitored. Burt Hussey, 3231 Hubbard - he said that he was there to speak about item #11. Mr. Hussey said that he also was a musician and participates at Buffalo Joes. He said they always quit at 10:00 p.m. Sheri Van Der Schaaf, 1587 FM 3426 - she said that her parents lived across the street from Buffalo Joe's and that they could not sit in their backyard sometimes, because the music was too loud. 2 Regular Council Meeting luly 11, 2011 Page 2 Bobbie Kirtley, 1065 N.E. 34`" - she said she was not complaining about the music, but the loudness of the base noise. She said she could feel vibrations from the music, and that the music from Crosswire had awaken her all hours of the morning. Carol Hufnagel, 720 Bunker - she said the music did not always stop at 10:00 p.m. and that there were times that she could feel the vibration. Earl Kirtley, 1065 N.E. 34t" - he said the problem with loud music had been going on for over three years and asked the City Council to put a stop to it. Michael Huggins - he said he was a musician and asked that the City Council consider State Statute when making a decision about this issue. He said that anything under 85db at 200 feet from the source was not a noise disturbance. Dawn Hope, 3315 Ridgeview - she said that she recently testified in the court case. She said she lives behind Buffalo Joe's and that she was a musician. She said that the bands do stop at 10:00 p.m., but that the music does not stop and sometimes goes on late. Terry Hope, 3315 Ridgeview - he is that the music is too loud on some nights and other nights that he did not hear any music. He suggested that a possible solution would be to build angled walls and angled fences toward the houses. Linda Christian, 3305 Ridgeview - she said that she did not have anything against music or business. Mrs. Christian said they had lived in their house for over thirty years and that it had been in the last three to four years that that the music became very loud. She said she wanted to be able to control the music when she was in her home and not have to turn up her television. Mrs. Christian referred City Council to Article V. Noise, Section 21.01 of the Paris Code. Mrs. Christian asked citizens in attendance regarding item # 11 to please stand. Charles Christian, 3305 Ridgeview - he said he was not against music and business, but that he wished they would put up sound proof fences. As Mayor Hashmi was moving to the Consent Agenda, William Conder approached the podium and asked to address the Council. A Motion to reopen the Citizens' forum was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. William Conder, 1870 E. Polk - he said that he sympathized with anyone who had to put up with pounding base. He said there was a car wash in the 1800 block of Clarksville Street and many times there was a sound war at the location. Mr. Conder said he could hear the noise from inside of his house, and that noise citations had declined over a period of time. 3 Regular Council Meeting July 11, 2011 Page 3 Consent Aunda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Wright asked that the minutes from June 11, 2011 be amended to include the City Attorney's comments regarding why Josh Bray was not eligible to serve on the PEDC Board. Council Member Wright also said there was a nomination for Council Member McCarthy to be Mayor Pro-Tem and he thought that should be in the minutes. City Clerk Janice Ellis said that she would amend the minutes to include the City Attorney's comments. Ms. Ellis said when she drafted the minutes, that she listened to the tape regarding nominations and that a formal motion was not made to nominate Council Member McCarthy. Ms. Ellis also said that Council Member Rogers had asked Council Member McCarthy if he wished to serve in that capacity and that he declined. Ms. Ellis said she would amend the minutes to include the conversation between the two Council Members. A Motion to approve the Consent Agenda was made by Council Member Pickle and seconded by Council Member Frierson. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Item 5. 5. Deliberate and act on the approval of minutes from the meeting on June 11, 2011. Regular Agenda 6. Public hearing, deliberate and act on RESOLUTION NO. 2011-054: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM; AUTHORIZING AN 1NTERLOCAL AGREEMENT WITH LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Chief Hundley spoke in support of this item, citing that the Police Department would use the city share in the amount of $7,159.50 to replace city rifles. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. 7. Deliberate and act on RESOLUTION NO. 2011-055: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING FINAL PAYMENT OF $12,230.65 TO RICHARD DRAKE CONSTRUCTION CO., LP FOR THE TRAIL DE 4 Regular Council Meeting July 11, 2011 Page 4 PARIS EXTENSION BETWEEN SE 8T" AND 12T" STREETS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Engineer Shawn Napier said staff recommended closing the contract and making the final payment, because this Trail section had been completed. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. 8. Deliberate and act on RESOLUTION NO. 2011-056: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE ARK-TEX COUNCIL OF GOVERNMENTS AND RECOMMENDiNG MAYOR A.J. HASHMI, M.D., AND MAYOR PRO-TEM RICHARD GROSSNICKLE, M.D. TO SERVE ON THE EXECUTIVE COMMITTEE OF THE ARK-TEX COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Gene Anderson explained that Ark-Tex Council of Governments allows for three representatives of the governing body to serve and that historically the Mayor, Mayor Pro-Tem and one Council Member served on the Board. Mayor Hashmi opened the floor for nominations and asked the Council if anyone had a desire to serve on this Board. With no one speaking, a Motion to appoint Council Member Wright to serve on the Ark-Tex Council was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 9. Deliberate and act on RESOLUTION NO. 2011-057: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPOINTING A COUNCIL MEMBER TO SERVE AS A MEMBER OF THE VISITORS AND CONVENTION COUNCIL OF THE CHAMBER OF COMMERCE OF LAMAR COUNTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi opened the floor for nominations. A Motion to appoint Council Member Frierson to serve on the Visitors and Convention Council of the Chamber of Commerce was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 10. Deliberate and act on appointment of City Council Members to serve as liaisons on city boards, committees, and commissions. Mayor Hashmi said that Council Member Wright was interested in serving on the PEDC Board and had previously served on the Board. A Motion to appoint Council Member Wright to 5 Regular Council Meeting July 11, 2011 Page 5 the PEDC Board was made by Mayor Hashmi and seconded by Council Member Grossnickle. Motion carried, 6 ayes - 1 nay, with Council Member McCarthy casting the dissenting vote. Mayor Hashmi inquired if anyone had a desire to serve on the Airport Advisory Board. Council Member Pickle said he was willing to serve on the Board, unless someone else wanted to serve on it. It was a consensus of the City Council that Council Member Pickle serve on the Airport Advisory Board. Mayor Hashmi asked Council Member McCarthy if he would like to serve on the Building and Standards Commission and he answered in the affirmative. A Motion to appoint Council Member McCarthy to the Building and Standards Commission was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. Mayor Hashmi asked Council Member Frierson if he would like to serve on the Historic Preservation Commission and he answered in the affirmative. It was a consensus of City Council that Council Member Frierson serve on the Historic Preservation Commission. Mayor Hashmi inquired if anyone wished to serve on the Housing Authority Board. Council Member McCarthy said he was willing to serve on the Board, unless someone else wanted to serve on it. A Motion to appoint Council Member McCarthy to the Housing Authority Board was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 7 ayes - 0 nays. Mayor Hashmi inquired if anyone wished to serve on the Main Street Board. Council Member Pickle said he currently served on the Board and would be willing to do so. It was a consensus of the City Council that Council Member Pickle serve on the Main Street Board. Mayor Hashmi inquired if anyone wished to serve on the Band Commission. Council Member Pickle said he currently served on the Commission and would like to continue doing so. It was a consensus of the City Council that Council Member Pickle serve on the Band Commission. Mayor Hashmi inquired if anyone had an interest in serving on the Planning and Zoning Commission. Council Member Grossnickle expressed an interest. It was a consensus of the City Council that Council Member Grossnickle serve on the Planning and Zoning Commission. Mayar Hashmi asked Council Member Rogers if he would accept a nomination for the Library Advisory Board and he said yes. It was a consensus of the City Council that Council Member Rogers serve on the Library Board. Mayor Hashmi said Council Member Rogers had expressed interest in traffic issues and that he would like to nominate Council Member Rogers to serve on the Traffic Commission. It was a consensus of the City Council that Council Member Rogers serve on the Library Board. . - 6 Regular Council Meeting July 11, 2011 Page 6 Mayor Hashmi asked Council Member McCarthy if he would accept a nomination for the Zoning Board of Adjustment and he said yes. A Motion to appoint Council Member McCarthy to the Zoning Board of Adjustment was made 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 27t", 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 27`h, 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 . 7 Regular Council Meeting July 11, 2011 Page 7 impounding fees. City Attorney Kent McIlyar said that the previous Council elected not to set maximum towing fees. Chief Hundley said some of the other cities set storage fees. Mr. McIlyar said he would look into the issue about storage fees. Council Member Grossnickle said maybe they could send out a questionnaire to the companies to find out what kind of storage fees they would charge for different circumstances. Following discussion, it was a consensus of City Council to bring back an Ordinance that incorporated option 1 and allow for a public education period. 13. Deliberate and provide direction to City staff on amending the Code of Ethics adopted by the City Council on May 10, 2010. Gene Anderson said appointments were made to City Boards, Committees and Commissions at the June 27th City Council meeting. He said that during those discussions, several Council Members inquired about the restriction of applicants who do business with the City of Paris not being able to serve on certain City non-advisory Boards, Committees and Commissions. Mr. Anderson inquired as to whether or not the governing body wanted to make amendments to the Code of Ethics, citing it would allow people who do business with the City to serve on City Boards. Council Member McCarthy expressed concern about the conflict of interest when citizens serve on Boards. Mr. Anderson said if it was something that dealt with their business; the member would have to recuse himself. Council Member McCarthy said the City needs good people to serve on these Boards. Council Member Rogers agreed with Mr. Anderson. Council Member Wright said he did not have any strong feelings either way, but that he had strong feelings about unequal enforcement. Council Member Grossnickle asked if there was a number or paragraph staff recommended changing. City Attorney Kent McIlyar said the City's Code of Ethics that was adopted in 2010 had two prongs, one was the Conflict of Interest and that the Code of Ethics addressed Conflict of Interest the same way State Law does. Mr. McIlyar said the other prong was Standards of Conduct in the Code of Ethics. Mr. McIlyar gave an example of a former Council Member who was a contractor and that the City's Code of Ethics prevented that Council Member from doing construction on City projects while he was serving as a City Council Member. Mr. McIlyar said as the Code was currently written and adopted, it applied to Employees, City Council Members, Boards, Committees and Commissions, which meant that if you did business with the City of Paris, you could not serve on a Board, Committee or Commission. Mr. McIlyar said it was his understanding of what was being proposed was to leave that in place for Council Members, but change it for Board, Committee and Commission Members under Section 2-303 under Standards of Conduct of the Code of Ethics. Council Member Grossnickle and Council Member Frierson said they were okay at looking at the amendments. Council Member Pickle was in agreement. It was a consensus of City Council that staff would bring back amendments to the Code of Ethics. 14. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: discuss and deliberate candidates for the position of City Manager. - 8 Regular Counci) Meeting July 11, 2011 Page 8 Mayor Hashmi convened City Council into Executive Session at 6:43 p.m. 15. Reconvene into open session. Mayor Hashmi reconvened City Council into open session at 7:16 p.m. and said that Council had discussed that each Council Member bringing back five candidate applications and that they would create a template of qualifications that were important to each Council Member. Mayor Hashmi said once that was accomplished, they would begin the interviewing process. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Jason Rogers said that he was resigning his seat with the City Council effective immediately, because he had taken a position out of state. Council Member Rogers said that he had enjoyed serving on the City Council. 17. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by John Wright. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 7:17 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK ~