Ordinance Committee Meeting Minutes


DATE: Tuesday, February 16, 2010
TIME: 2:00 p.m. (2:32 p.m.)
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Jerry Mizell, David McManus and William Carrell with Alderwoman Kim Brown absent. Also present were Mayor Billy McDaniel, Corporate Counsel Rick Abell, Corporate Finance Officer Patricia Suttles, and City Clerk Brenda Westbrooks

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present

Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to approve the minutes of the previous meeting held on January 20, 2010 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea




Bulldog Contract – solid waste removal
Mr. Abell told the Committee that the present solid waste removal contract with Bulldog expires in May and it is being brought before them early so they can decide what they wish to do. He has a copy of a 3 year proposal from Bulldog that he gave to everyone to review. He said he asked them for a 5 year one also that he thought it would be better to have prices locked in for 5 years versus 3 years.
After some discussion it was the consensus of the Committee to recommend to the full Council to place the contract out for bids.
Mr. Abell asked if they wanted him to go ahead and work on the specs so it will be ready to bid out and he was told yes.

Moved by Alderman Nathan Anderson and Second by Alderman Charles Barfield to recommend to the full Council to bid out the City’s Solid Waste Removal Contract for both commercial and residential: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea


Moved by Alderman Nathan Anderson and Second by Alderman Charles Barfield to adjourn: MOTION CARRIED – TIME: 2:51 P.M.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea







DATE: Wednesday, January 20, 2010
TIME: 1:15 p.m. (1:32 p.m.)
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Charles Barfield, Nathan Anderson, Robert Midnight, Kimberly Brown, Jerry Mizell, David McManus and William Carrell; Mayor Billy McDaniel, City Clerk Brenda Westbrooks, Corporate Counsel Rick Abell, Police Chief Mike Worthen, and owner of C & W Towing, Curt Collins.

ROLL CALL
Daugherty Present
Barfield Present
Anderson Present
Midnight Present


Moved by Alderman David Daugherty and Second by Alderman Nathan Anderson to approve the minutes of the previous meeting held on December 8, 2009 as presented: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea



Adopt Recommendation on C & W Towing Privileges

Committee Chairman Alderman David Daugherty said that the City has received a number of complaints on C & W Towing Company services and the Company’s owner, Mr. Curtis Collins is here to address the matter.
Mr. Collins gave everyone a copy of all the local towing companies’ rates along with a copy of a portion of the law governing towing companies.
Mr. Collins was told that the City has received a number of complaints on C & W Towing but none on any other company.
Alderman Daugherty said that the company’s actions are affecting the City and the complaints have to stop.
Mr. Collins maintained that he and his drivers are always as courteous as they can be to the customers.
Mr. Collins was also told by City Attorney Mr. Rick Abell that he has been accused of overcharging people, and making them sign a waiver for damages to their vehicle before they can get their vehicle back which is not legal.
Mr. Abell told Mr. Collins he was only quoting a section of the law and he read him several other sections of the law which do not justify his practices as a towing company.
Mr. Abell told the Committee that his recommendation to the Police Chief is to take C & W Towing off the towing list for 1 year.
He said that it is up to the Chief but Mr. Worthen would like to know if the Committee and Council support him in this matter.

Moved by Alderman Robert Midnight and Second by Alderman Nathan Anderson to recommend to the full Council to support Police Chief Mike Worthen’s discretion concerning C & W Towing Company’s towing privileges: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea


Freedom of Information Act:

Attorney Rick Abell provided everyone with a copy of the new ordinance implementing provisions of the Illinois Freedom of Information Act and the Illinois Open Meeting Act.
He went over the recent changes to the Acts and the effects on the City. He said the ordinance needs to be passed this month if possible.

Moved by Alderman Robert Midnight and Second by Alderman Nathan Anderson to recommend to the full Council to pass ordinance implementing provisions of the Illinois Freedom of Information Act and the Illinois Open Meeting Act: MOTION CARRIED
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea

Moved by Alderman David Daugherty and Second by Alderman Robert Midnight to adjourn: MOTION CARRIED – TIME: 2:54 p.m.
Daugherty Yea
Barfield Yea
Anderson Yea
Midnight Yea











DATE: Tuesday, December 8, 2009
TIME: 2:30 p.m.
PLACE: City Hall Council Chambers

PRESENT:
Aldermen Charles Barfield, Nathan Anderson, Robert Midnight, Kimberly Brown, and Jerry Mizell with Aldermen David Daugherty, David McManus and William Carrell absent. Also present were Mayor Billy McDaniel, CFO Patricia Suttles, Penny Emery, Gene Norber and City Clerk Brenda Westbrooks.

ROLL CALL
Daugherty Absent
Barfield Present
Anderson Present
Midnight Present


Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to approve the minutes of the previous meeting held on November 18, 2009 as presented: MOTION CARRIED
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea




Changes to Zoning Ordinance
Mr. Gene Norber with EDR which is the firm that revised the City’s Zoning Ordinance was present to go over some of the request the Councilmen have made to their draft in hopes to be able to finalize the new Ordinance. The following were discussed:

Page A-3; Section 11, #5
Consensus was to have no restrictions in the back yard other than normal setbacks. But to have restrictions in front yard up to 12 feet or ½ of setback whichever is less.

Page A-23; Section 7, #3
50% changed to 75% other than flood plain areas which is 50% per federal law.

Page A-28; Section 4, #1
Delete last sentence in #1 then add “excluding detached garages and the design to be kept with principal building or structure.

Tricia Suttles had to leave around 2:55 p.m.

Page A-95; Section 14, #1
Change the word Marquees to “Signs” then leave #1 in. If taken out would allow portable sings everywhere per Mr. Norber. But to note there are exceptions listed in sections 26 & 27.



Page A-96; Section 15
Mr. Norber is to insert wording to allow Veteran signs on Utility Poles within this section.

Page A-99; Section 25, #2b
To leave this in but not to allow any future billboards in certain areas such as (12th & East 5th Street through town to HWY 45 and Airport Road).

Page A-29; Section 3, #3
This was discussed in regards to RV Parking but was left as is.

Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to adjourn: MOTION CARRIED – TIME: 4:00 p.m.
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea

















DATE: Wednesday, November 18, 2009
TIME: 1:00 p.m.
PLACE: City Hall Council Chambers

PRESENT:
Aldermen Charles Barfield, Nathan Anderson, Robert Midnight, Jerry Mizell and William Carrell, along with Mayor Billy McDaniel, Attorney Rick Abell, CFO Patricia Suttles, City Clerk Brenda Westbrooks, Clyde Wills, and Police Chief Mike Worthen.

ROLL CALL
Daugherty Absent
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 June 1, 2009 as presented: MOTION CARRIED
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea





Establishing limit for all leaves of absence
This subject has been discussed before due to the fact the City has experienced numerous instances of excessive absenteeism in recent years leading to excessive overtime, excessive health care costs and inefficient work performances.
Once again Mr. Abell provided everyone with a copy of the proposed ordinance that would adopt a policy on maximum absenteeism.
In the policy all employees will be discharged if absent or otherwise inactive from their job for a cumulative period of 6 calendar months within any rolling twelve calendar months, regardless of the reason for the absence.
Alderman Midnight asked if the Unions would have problems with this.
Mr. Abell said that they could file on it but that it falls under Management Rights Clause.
It was recognized that the City has had employees off anywhere from 2 to 4 years which makes this ordinance very much needed for the City.
Alderman Robert Midnight asked if they could be given a list of possible employees this could affect before taking action.
He was told that a list could be obtained but that it wouldn’t effect but a few at present. Some of the others are no longer in our employee.
The general consensus was to bring it up at another meeting for consideration.

Policy requiring workman’s compensation leave and FLMA to run simultaneously
Mr. Abell also provided a proposed ordinance amending the City’s FMLA Policy to requiring that FMLA leave run concurrent with the use of sick leave and workmen’s compensation leave.
Mr. Abell added that there are very few places of business that do not run their FLMA concurrent with sick and workman’s compensation leaves.
This was briefly discussed but no action taken.


Require all municipal solid waste generated within the City of Metropolis be hauled to City of Metropolis Transfer Station (residential, commercial and industrial)
Mr. Abell told the Committee that the County passed an ordinance since the transfer station is in the County but they are not enforcing it. The City needs to pass an ordinance so that we can enforce it.
The general consensus was to pass the ordinance as presented by Mr. Abell at the next Council Meeting.

Moved by Alderman Robert Midnight and Second by Alderman Charles Barfield to recommend to the full Council to adopt ordinance providing for the method of disposal of garbage refuse and ashes: MOTION CARRIED
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea

New Zoning Ordinance
Proposed changes to this ordinance were sent to Mr. Gene Norber; however he has questions on some suggested changes to porches, site plan, height & area and portable signs within the ordinance.
Mr. Norber couldn’t be present for this meeting however is on hold and available for a phone conference.
The Committee and Councilmen present thought they would like to review the items before talking with Mr. Norber so that is what they did.
They discussed the following:
Page 3, Section 11 #5
They thought the word “rear” should be taken out.
Page A23, Section 7 –Site Plan #3
Mr. Norber took out 50% & 75% and made it read as it does now. It was decided that this did not include decks.
Page 29, Section 4
The Committee wanted to delete this section altogether but Mr. Norber and Penny Emery both thought that something is needed in this section. Mr. Norber’s recommendation was that it not include driveways, patios, decks, or pools.
Page 29, Section 3, #5
This section deals with parking of RV’s and Boats in front and side yards. Everyone thought they shouldn’t be in the front or side yards but able to park in the back or build garages to store them.




It was decided that Mr. Norber should be here in person to discuss this further and it would take time so Mr. Abell called him and released him from the phone conference and was to ask him for 2 or 3 dates that he would be available to come to Metropolis and meet with the Committee.


Time limited parking on west 7th St. between Ferry St. & Market St.
Police Chief Mike Worthen had this put on today’s agenda for discussion because he is getting request to have parking limited on West 7th Street between Ferry St. and Market Street the same as the City did on the north side of West 8th Street.
The consensus was that they all want to be fair but need to consider everyone involved. They wouldn’t want to restrict the whole block but not sure how far to restrict.
The general consensus was to discuss this further before taking any action.

Traffic Control Device on Barger Drive
Mayor McDaniel said that the residents on Barger Drive are having issues with people speeding through coming and going from Hayden Lane in Mr. Gower’s Trailer Court.
Chief Worthen has suggested erecting two stop signs and 1 yield sign. However after some discussion it was the consensus of the committee that a 3-way stop so that everyone stops should take care of the problem.

Moved by Alderman Charles Barfield and Second by Alderman Robert Midnight to recommend to the full Council to authorize the City Attorney to prepare an Ordinance placing a 3-way stop on Barger Drive: MOTION CARRIED
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea


Moved by Alderman Nathan Anderson and Second by Alderman Robert Midnight to adjourn: MOTION CARRIED – TIME: 2:55 P.M.
Daugherty Absent
Barfield Yea
Anderson Yea
Midnight Yea










DATE: Wednesday, July 1, 2009
TIME: 12:00 Noon
PLACE: City Hall Council Chambers

PRESENT:
Aldermen David Daugherty, Nathan Anderson, Robert Midnight, Jerry Mizell, David McManus, and William Carrell with Alderman Charles Barfield absent. Also present Mayor Billy McDaniel, Corporate Counsel Rick Abell and City Clerk Brenda Westbrooks.

ROLL CALL
Daugherty Present
Barfield Absent
Anderson Present
Midnight Present


Moved by Alderman David Daugherty and Second by Alderman Robert Midnight to approve the minutes of the previous meeting held on May 20, 2009 as presented: MOTION CARRIED
Daugherty Yea
Barfield Absent
Anderson Yea
Midnight Yea





Family Medical Leave Act Policy
This was not really intended to be on today’s agenda. Mr. Abell said the Act had a lot of changes made to it so he will be bringing something before the Committee later on.

Adopting Policy on Maximum Absenteeism
Everyone was in agreement that the Council needs to set a limit as to the length of time an employee can be absent before being terminated.
Mayor McDaniel said that we have some good employees that take care of us and we certainly need to take care of our employees but because of the abuse we need to have a time limit.
Mr. Abell said that the Hospital uses temporary employees to fill in while an employee is off and the City might want to consider that avenue.
Everyone seemed ok with the idea of using rolling 12 months for this policy the same as our Family Medical Leave Act runs.
Mr. Abell will do a draft ordinance for the Councilmen to review before passing.


Zoning Ordinance Review & Possible Changes
At the Ordinance Committee Meeting on November 5, 2008 the Councilmen starting reviewing the proposed Zoning Ordinance prepared by Mr. Gene Norber and today they continued that review with the following additional changes to be made:

Page A-23 Section 7; #3
Change 50% to 75%

Page A-72 Section 7: #5
Take out “No chain Link” and add “No Agricultural type wire fence”.

Page A-83 Section 8: #1
Discussed and decided to leave as is.

Page A-95 Section 14: #1
Delete #1

Page A-96 Section 15: #11 & #13
Change the number 16 to 32
Page A-97 Section 16:
Change 14 to 15
Page A-98 Section 20:
Change 17 to 18
Page A-100 Section 26 & 27
Delete the words “Mobile/Portable Marquees” where they appear throughout this section.
Delete the last sentence of both paragraphs of this section.
Take Section 27 out completely

Page A-104 Section 40
Change $50.00 to $150.00




NOT ON AGENDA
Mayor McDaniel informed the Councilmen of an incident that took place last week.
With the Hot weather we had some transformers blow fuses which is what they are suppose to do.
One blew around 10:00 am last Friday in the area of Rube’s. Several in the area were affected by the power being out for about 20 minutes. However Rube’s was the only one with damage. Their Air-conditioner that cools the front of the building burned up. It seems that they have part of the building on single phase and the air-conditioner in question on 3 phase power. The owners weren’t there and their daughter didn’t realize something was wrong until late in the afternoon. The owners are blaming the City for the damage because they said they should have been informed the transformer blew and the power was off.
Mayor McDaniel said he talked with Mrs. Stoner and told her she could fill out a claim form and he would see it was taken to the Insurance Company and if they find us at fault we will pay it but he didn’t feel the City is responsible.
Mayor McDaniel said that he had Light Superintendent Jackie Sawyers to talk with Jim Walters since they are licensed electricians and our men are only linemen. He told him what happened and Jim Walters said the power being off for 20 minutes should not have caused it. That unit is designed to cool down before asking for more power and it would have taken that long to cool down. The fact they didn’t realize the unit wasn’t working for several hours and it kept asking for power probably caused it to burn up.



Mayor McDaniel wanted the Aldermen to be informed of this incident since the owners will probably be talking with some of them.




Moved by Alderman David Daugherty and Second by Alderman Nathan Anderson to adjourn: MOTION CARRIED
Daugherty Yea
Barfield Absent
Anderson Yea
Midnight Yea