AUGUST
13, 2001
ATTICA,
INDIANA
The
Common Council for the City of Attica met on the 13th day of August
2001 at the hour of 7 p.m. at city hall.
Those present: Mr. Larry Grant,
Mr. Curt Phelps, Mr. Bill Craft, Mrs. Valarie Maus, Mrs. Kay Gustus, Mr. Tom
O'Connor, Mr. Deon Swift, and Mrs. Nancy Mitchell.
APPROVAL
OF THE MINUTES
Mr.
Phelps made a motion to approve minutes of the previous meeting, seconded by
Mrs. Maus. All ayes.
COMMITTEE
REPORTS
Mr.
Larry Grant, Chairperson of the Zoning and Planning Commission, reported that
the committee met on August 7, 2001 and discussed the building permit ordinance
to include time limits. Those time
limits were forwarded to Mr. O'Connor to be revised in the proposed ordinance
revision. Mr. Phelps made a motion to
read Ordinance #9 for the first time and discuss, seconded by Mr. Craft. All ayes.
Mr. O'Connor read in full:
ORDINANCE #9, 2001 AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 3, SECTION
10-35 BY PROVIDING ADDITIONAL LANGUAGE.
Council members held a short discussion. Mr. Phelps made a motion to read for the second time by title
only, table and publish, seconded by Mrs. Gustus. All ayes. Mr. O'Connor
read by title only: ORDINANCE #9, 2001
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 3, SECTION 10-35 BY PROVIDING
ADDITIONAL LANGUAGE.
CONSTRUCTION
UPDATE
Mr.
Greg Beumer, of Beumer & Associates, was present to inform the council of
the progress of the Water Utility Improvement Grant Water Application. He said we had received our clearance letter
from the State Historic Preservation office.
He presented to the council the signature page of the full application
for the mayor to sign. Mr. Beumer
requested a local match commitment of $60,000.
A part of this application is also a resolution that Mr. Beumer asks the
city attorney to review before he passes it.
It commits the local matching money and it authorizes the mayor to sign
the document and submit it on be half of the city. Mr. Phelps made a motion to adopt the resolution authorizing the
funds at $60,000, seconded by Mrs. Gustus.
Roll was called. All ayes.
Mr.
Eric Smith, from Hannum, Wagle & Cline was also present to discuss the
water project. He said the Department
of Commerce would prefer to see that our city was prepared to proceed with the
project before the application is submitted.
A critical point is that we have applied for all our permits and should
we be granted the money, we are ready to construct the project. He had presented the contract proposal to
the council for their consideration at the July meeting in order to get the
design to a point where we can apply for permits. Mr. Smith presented two contracts for the council's implementation
if they choose to accept it. The local
match would be used to pay in part the engineering fee as well as part of the
construction. Hannum, Wagle & Cline
would complete the plans, specifications and permit applications necessary to
apply to IDEM for permits the same day the grant application is submitted. This demonstrates to the Department of
Commerce that we're applying for permits and we're ready to proceed with the
project, contingent to receiving the grant fund and permit. Hannum, Wagle & Cline would also
complete construction-ready documents; those documents that are ready to
advertise to take bids sixty (60) days following notification of the grant
award. Mr. Smith said their firm has
structured the contract so there's minimal work and minimal outlay of expenses
should we receive the grant. Their
firm would complete to bid-ready documents sixty (60) calendar days after grant
awards. Then they would advertise for
bids ninety (90) days after grant awards.
Thirty per cent (30%) of their design fee would be billed at the time of
submission of the application. The city
would be required to pay nothing else if we don't receive the grant. The fees are located on the contract: thirty per cent (30%) at the time of
submission to IDEM, fifty per cent (50%) after the city has been notified of the
grant award and then ten (10%) at the time of bidding and another ten percent
(10%), which is construction engineering at the time of completion.
Mr.
Smith then addressed the Combine Sewer Overflow issue. He informed the council that Attica has what
is called a NPDES permit, which is a permit, issued by IDEM allowing the city
to discharge treated wastewater into the river. Those permits are reissued every five years and at that time they
contain new requirements based on new regulations. They may include compliance schedules of when you may be required
to do certain things in order to stay in compliance with state mandates. A requirement in the latest permit is for
the city to submit a long-term control plan for our Combine Sewer Overflow
Plan. This is a follow-up to the CSO
Plan submitted in the 1990's. The EPA
passed regulations requiring every community, which has combined sewers, to
draft a long-term control plan showing how we are going to maximize treatment
of combined sewers. Basically, this
means we have some sewers carrying both storm water and sanitary sewage. They are trying to minimize the amount of
combined sewers that may overflow into the river. There are a variety of ways those can be minimized. Its sewer maintenance, trying to store the
combined sewer flows during a heavy rain event if we have a problem where it
does overflow. Lagoons can be built in
order to store the overflow until the city could bleed those flows back into
the plant. Mr. Smith said the
percentage of combined sewers in Attica is very small and our amount of
overflow is slight. Hannum, Wage &
Cline met with IDEM to discuss what the requirements of our long-term control
plan would be because in a lot of systems there are nine (9) steps that have to
be met. Many of them consist of
modeling, where you actually put flow meters in the combined sewers and take
measures on the river. It becomes a
very extensive process. IDEM suggested
HWC write a letter requesting a small community exemption, document the size of
the combined sewer system and the current overflow we've had in the past few
years. It's likely that IDEM will grant
us the exemption and the requirements would be much less stringent. Once HWC receives the notification from
IDEM, they can put in order a proposal to prepare the long-term control
plan. If things go the way they
indicated, it's going to be much less cumbersome than what it would be for a
lot of other communities. HWC is also
requesting a schedule extension. The
city's permit was scheduled to be completed by October 31, 2001 and HWC is
asking for an extension to April 2002.
Mr. Smith will give that letter to the mayor to sign and submit. Once HWC receives notification from IDEM, he
will return and make a presentation on what is going to have to be done for our
system based on what IDEM tells HWC; then we can make a decision and go from
there. Mr. Smith said the city must do
the plan. HWC has tried to document the
case for the city so we will have minimal impact of the combined sewers on the
environment. Mr. Phelps wanted to know
if the plan addresses the cost for the city for whatever we're going to be
mandated to do. "Exactly",
said Mr. Smith, "it will have an implementation schedule of what we'll
need to do as well as cost for all the items.
If there are no capitol improvements such as a construction project and
if we can just recommend maintenance of certain items that will be included in
it as well. IDEM will still accept it
if we don't recommend any construction based on what our system acts like
now. It will have costs and schedule in
it".
WATER
PROJECT
Mr.
Phelps wanted to know if in previous discussions the construction observation
fee been talked about. Mr. Smith said
he had included it in the contract, however, it's not required and if the city
wants to do their inspection it's an option.
Mr. Phelps wanted the council members to understand that it would be an
additional $26,700 to the project. Mr.
Smith said HWC could do it on an hourly basis assisting the city's staff; should
there be a problem during construction, they would come on an hourly basis and
review. Mr. Smith thought the city
would still want HWC to review shop drawings, etc. Mr. Phelps made a motion to approve the contract with the
deletion of construction observation and discuss, seconded by Mr. Grant. All ayes.
A discussion was held among council members to approve the contract
subject to that provision being changed from a flat rate to an hourly
rate. Mrs. Gustus made a motion to
pass, seconded by Mr. Phelps. Roll call
was taken. Five (5) ayes, 0 nays.
CITIZENS
PETITIONS
Zollars
Realty, on behalf of Mr. and Mrs. Alan Gustavel, petitioned to have property at
503 East Washington Street to be rezoned from R-1 (Single-Family Residential)
to R-2 (Two-Family & Group House Residential). Mr. Kyle Brown, who is in the process of purchasing the property,
was also present. Mr. Larry Grant made
a motion for the request to be forwarded to the Zoning and Planning Commission,
seconded by Mrs. Gustus. All ayes. Mr. Grant set a date of August 21, 6 p.m.
for the commission to meet.
DEPARTMENT
HEADS
Mr.
Robert Smith, Director of Public Works, reported work had been resumed on the
curbs on Park Avenue.
Police
Chief Gene Snoeberger requested a cost of living increase for the police
officers and said he would appreciate the council taking under consideration.
UNFINISHED
BUSINESS
Mayor
Swift announced a public hearing was now open to hear any comments on Mr. and
Mrs. Gordon Foster's request to vacate a portion of an alley next to their
property at 1011 North Street. There
being no comments from the floor, the public hearing was closed. Mrs. Gustus made a motion to bring from the
table and read Ordinance #10 in full, seconded by Mr. Craft. All ayes.
Mr. O'Connor read in full:
ORDINANCE #10, 2001, AN ORDINANCE VACATING A PORTION OF AN ALLEY IN THE
CITY OF ATTICA, INDIANA. Mrs. Gustus
made a motion to suspend the rules, read for the third time and adopt, seconded
by Mr. Phelps. All ayes. Mr. O'Connor read in full: ORDINANCE #10, 2001, AN ORDINANCE VACATING A
PORTION OF AN ALLEY IN THE CITY OF ATTICA, INDIANA. Roll call was taken. Five
(5) ayes, 0 nays.
Mrs.
Gustus made a motion to bring from the table Ordinance #8 and read for the
third time, seconded by Mr. Phelps. All
ayes. Mr. O'Connor read: ORDINANCE #8, 2001, AN ORDINANCE OF THE
COMMON COUNCIL FOR THE CITY OF ATTICA AMENDING CHAPTER 4, ARTICLE 2, SECTION
4-15 BY THE INCLUSION OF SECTION 4-15 ENTITLED LATE PAYMENT FEES. Mrs. Gustus made a motion to adopt, seconded
by Mr. Phelps. Roll call was
taken. Five (5) ayes, 0 nays.
NEW
BUSINESS
Mr.
John Tingley, of Sentry Roofing, made a presentation concerning re-roofing the
city building. He presented pictures
and told the council about the problem areas.
Mr. Tingley described the material used and submitted a bid to the
council. He suggested a building
committee look at other installations his company has done. He said it might be possible for the city to
take money from this year's budget and buy the material and then pay the
remaining next year. He would check on
this option.
Mr.
Rick Jessup, of Phoenix Tank Service, spoke to the council concerning
maintenance of the water tower. The
company would maintain the tower for a fee of $8,775 per year for ten
years. This fee includes: annual inspection and cleaning of the tank,
touch up on interior and exterior as needed, repainting and repairs from
vandalism, any emergency repairs, and any future OSHA mandate updates. After ten years, the contract would be
renewable at five year intervals with Phoenix reserving the right to adjust the
price increase at 15%. The council will
peruse the information.
MISCELLANEOUS
Mr.
Grant made a motion to read Ordinance #11 for the first time in full, second
time by title only. Mr. O'Connor
read: ORDINANCE #11, 2001 AN ORDINANCE
REPEALING ORDINANCE #20, 1999 ENTITLED WATER RESERVE FUND. Mrs. Gustus made a motion to suspend the
rules and adopt, seconded by Mr. Phelps.
Roll was called. Five (5) ayes,
0 nays.
Mrs.
Maus made a motion to read Resolution #4, seconded by Mr. Craft. Mr. O'Connor read in full: RESOLUTION #4, 2001, RESOLUTION OF THE
COMMON COUNCIL FOR THE CITY OF ATTICA, INDIANA. A summary of the resolution is:
the City of Attica may be represented by full-time employees of the
Clerk/Treasurer's office, namely: Nancy Mitchell, Lori Sichts and/or Deanna
Hutts to appear in any Small Claims proceeding of the Fountain Circuit Court
for the presentation of or defense of claims arising out of unpaid utility
bills owed the City of Attica. Mrs.
Maus made a motion to adopt, seconded by Mrs. Gustus. All ayes.
Mayor
Swift thanked the Attica Community Foundation for the paint for the bandstand
in McDonald Park and Jim Martin for donating his labor to paint it; he also
thanked Bob Shepherd for organizing the details. The mayor also thanked John Dill and Larry Grant for their radio
support of the Summer Parks Program.
Mr.
Grant made a motion to extend sprinkling privileges for citizens for another
month, seconded by Mr. Craft. All ayes.
Mayor
Swift presented to the council the budget for 2002. After discussion, the council decided to meet in special session
on Thursday, August 16 at 7 p.m., city hall.
Mrs.
Gustus made a motion to read Ordinance #12 and discuss, seconded by Mrs.
Maus. All ayes. The council took into consideration a pay
increase for full-time city employees.
The proposed salary ordinance would raise the salaries $.50 per hour for
all hourly employees. Mr. Grant made a
motion to table the salary ordinance until the council met on August 16,
seconded by Mr. Phelps. All ayes.
ADJOURNMENT
There
being no further business to be brought before the council, the motion to
adjourn was made by Mrs. Gustus, seconded by Mr. Grant. All ayes.
___________________________
Deon H. Swift, II, Mayor
ATTEST: