Ordinance Committee Meeting Minutes


DATE: Tuesday, April 22, 2008
TIME: 1:00 p.m. (1:12 p.m.)
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Richard Corzine Sr., Jerry Mizell, David McManus and William Carrell, Mayor Billy McDaniel, Corporate Counsel Rick Abell, City Clerk Brenda Westbrooks, Joe Matesevac, Brian Giltner, Mark Chambers, J.K. Thomas, Frank Walsh, Curtis Collins and Abatement Officer David Koch.

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Robert Midnight and Second by Alderman Nathan Anderson to approve the minutes of the previous meeting held on February 13, 2008 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea


Modification of Sewer Use Ordinance
Mr. Abell provided each Alderman a copy of the proposed modifications to the City’s Sewer Use Ordinance for their review prior to this meeting. He said he prepared the ordinance itself and the engineers provided the rest.
Items discussed were:
Page 7 #11
Wanted the wording changed to say the permit shall require not may require.

Page 8 section I
Alderman McManus questioned enforcement and/or penalization provisions.
Mr. Abell said that fines are set at the max and not the minimum and are in several sections throughout the ordinance.

Page 9 4-A
To be worded to include all chemicals used or stored on site.

Page 14
Alderman Mizell questioned whether or not the fees and charges should remain the same or changed.
Brian Giltner said they just put those fees and charges in for their consideration but they can just leave them out if they prefer.

Page 15 A
Add that 30 day period can be extended.



Page 21
Again Mizell questioned the proposed fees.
Brian Giltner said they just put them in and can be taken out. They are up to the Council to set.

The general consensus was that changes can be made at anytime regarding fees and charges but the ordinance has to be passed at the next Council Meeting to be in compliance with EPA so it was decided to approve the ordinance without the rate structure for now.

Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to recommend to the full Council to approve modifications to the Sewer Use Ordinance with corrections as noted in Committee without rate structure: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea

Taxi Cab Services – Mark Chambers
Mr. Chambers owns and operates a taxi cab service in Metropolis and was present to tell the Committee that he felt as a local business that has struggled since 1992 to stay in business in Metropolis that the City should be giving him support and consideration over the new business that is coming to town and taking drivers and business from him.
He asked that he be able to do a rate increase up to $1 to help offset the rising cost of gasoline.


No one objected to the increase as requested by Mr. Chambers due to the gas prices however he was told that the Council cannot stop a business from coming to town and that their problems and differences are between them and their drivers not the City Council. The only thing the Council does is to set the max that can be charged.
Mr. Abell told Mr. Chambers that he should inform the public of any increase he proposes and he said he would.

Moved by Alderman Nathan Anderson and Second by Alderman David Daugherty to recommend to the full Council to grant rate increase up to $1 for taxi cab service as requested by Mr. Chambers: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Absent (had to leave the room for a conference call)

Tethered / Chained Animals
Alderman David Daugherty gave everyone copies of correspondence he received from Linda Duke concerning what she considered the health & well being of animals.
Everyone read the material however no action taken.

Towing Companies Rules and Regulations
Mr. Rick Abell reported that he did meet with Police Chief Mike Worthen and they have worked out a rough draft. He is still working on it and hopes to have it within the next 3 weeks or so.
No action taken at this time.



Inoperable Vehicle Ordinance
The committee was informed of an incident where Officer Koch sent a notice on a vehicle that turned out to be over 25 years old. It runs but wasn’t licensed. The owner was upset and the Mayor and Attorney told him he would have to put a license on it but since it does runs he would be ok.
Officer Koch said he just wants clarification as to which vehicles he should target and which he should leave alone.
Everyone was in agreement that the question is what is operable and if the Council wants to reword the ordinance or leave it as is.
There were several questions asked and comments made but the final consensus was it would be best to leave the ordinance as is and that the Mayor and Attorney were probably right in their judgment call.
They said the ordinance is to help our residents and not micro manage them.


Not on the Agenda but discussed:

(Mowing Bids)
David McManus said that he was asked why the Council rejected a bid because he didn’t meet the specs then took the next bid of a person without a spraying license.
Mr. Abell said that they really didn’t know in the beginning that a spraying license is required however Mr. Smith is willing to get the license and in the meanwhile Randy Harris has a license and can spray if it becomes necessary.





(Frank Trieglaff)
Alderman Mizell said he is getting a lot of complaints on the Trieglaff resident’s again.
Mr. Abell said that he will put him next on the list to be given a letter to clean up and if he doesn’t we can try to get an injunction from the courts.

Moved by Alderman David Daugherty and Second by Alderman Nathan Anderson to adjourn the Ordinance Committee Meeting: MOTION CARRIED – TIME: 2:46 P.M.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Absent







DATE: Wednesday, February 13, 2008
TIME: 2:00 p.m. (2:18 p.m.)
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Richard Corzine Sr., Jerry Mizell, David McManus and William Carrell, Mayor Billy McDaniel, City Clerk Brenda Westbrooks, Corporate Counsel Rick Abell, Citizens Jim Phelps and Curt Collins, Police Officer David Koch

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Robert Midnight and Second by Alderman Charles Barfield to approve the minutes of the previous meeting held on December 5, 2007 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea

United Science Industries
No one present for discussion at this time.



Towing Ordinance
Curt Collins and Jim Phelps were present to represent their towing businesses.
Mr. Collins wants to buy the lot behind his business and store salvage vehicles on it. He intends to fence it in but doesn’t want to build a building to house the vehicles in.
Corporate Counsel Rick Abell said that the City has prohibited this in the past and the zoning doesn’t allow it in certain areas.
The general consensus of the Committee and councilmen present was that they don’t want to allow vehicle storage areas in the City of Metropolis and that notice needs to be sent to businesses to remove all vehicles on City property.
Alderman Richard Corzine Sr. said that he didn’t feel anyone out of the State should be allowed to do towing in the City of Metropolis other than what individuals have done on their own.
Rick Abell said that he believes the Police Chief has a set of rules they go by and he will get with Mike and get a copy of them.
Mayor McDaniel said that we will get a copy of the rules or else a draft of rules will be made to discuss and approve at the next Ordinance Committee Meeting.
Around 3:10 p.m. Mr. Collins and Mr. Phelps left the chambers.

Alcohol Containers on City Easements
The City has nothing to prohibit this. It would be up to the business owner to allow or disallow.
Owners of the business are responsible for anything their patron does outside their business if they are drinking, fighting or disturbing the peace.



Moved by Alderman Robert Midnight and Second by Alderman Charles Barfield to adjourn: MOTION CARRIED - TIME: 3:28 P.M.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea



MEETING ADJOURNED!!!