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The proposed compromise ordinance was discussed at a September board meeting. At that time, Alderman Mike Bates asked to have the proposed bill sent to the planning and zoning commission for review before aldermen approved it.
At the Oct. 21 board meeting, Bates reported that P & Z commissioners had voted unanimously against the proposed compromise ordinance. Bates said commissioners wanted to keep the grading bill as it was before the flap over city workers could start time began.
The city grading ordinance says no equipment can be operated prior to 7 a.m., but the memorandum of agreement between the city and the workers allowed crews to start early on extremely hot days.
Alderman Walter Arnette said that provision violated the grading code that dictated when builders could start work, prompting Mayor Herb Adams to say city workers had to meet the 7 a.m. restriction.
After city workers protested the change, saying the city was taking away something that had been granted to them in collective bargaining, Arnette and Pigg crafted the compromise.
The proposed ordinance would have allowed city workers to begin work at 6 a.m. or earlier if work was being performed in areas of the city zoned M-1 light industrial or M-2 heavy industrial.
After P & Z recommended against the proposed change, Arnette and Pigg amended their bill saying the city workers could use the early start time in areas zoned heavy industrial only.
Arnette said he had been surprised at the P & Z recommendation to abandon the new regulations.
"I thought it was a good compromise," Arnette said. "I wanted it (early morning grading) out of the residential areas. I still feel that way."
Arnette said he spoke to Pat Lynch, who represents the public works employees, and Lynch was felt satisfied with the change.
"He (Lynch) said he was just protecting the men," Arnette said. "I don't want to protect the men if the citizens have to suffer."
Arnette said he did not oppose returning the bill to P & Z because he believed removing the one zoning district from the regulation might have caused them to change their minds.
"We did change one thing," Arnette said. "We took M-1 (light industrial) out of the ordinance. I think when they (planning commissioners) see that they'll approve it."
With winter approaching and extreme heat season ended for this year, there is time for aldermen and zoning commissioners to reach an agreement, according to Arnette.
"We have time now to work on this," Arnette said. "But if P & Z still opposes the new hours after the change we made, I'll ask the other aldermen to override the recommendation and pass the new ordinance."
Arnette said he is just one alderman, but is aware that the board of aldermen not the planning and zoning commission makes the laws.
"I was on that board," Arnette said. "They're just a recommending body."
