CITY
OF ATTICA
APRIL
8, 2002
The
Common Council for the City of Attica met on the 8th day of April
2002 at the hour of 7 p.m. at city hall.
Those present: Mr. Larry Grant,
Mr. Bill Craft, Mrs. Kay Gustus, Mr. Curt Phelps, Mr. Tom O’Connor, and Mr.
Deon Swift. Absent: Mrs. Valarie Maus.
APPROVAL
OF MINUTES
Mr.
Phelps made a motion to approve the minutes of the March 11, 2002 council
meeting, seconded by Mrs. Gustus. All
ayes.
COMMITTEE
REPORTS
Mr.
Larry Grant, Chairperson of the Traffic Committee, said the committee met on
Tuesday, April 2 to discuss the possibility of changing all or part of the
downtown area to angle parking as opposed to parallel parking. The committee also discussed the possibility
of four way stop signs at Perry and Ferry (by the hotel) and Perry and Mill
Streets. The committee thought if
angled parking was in effect, there might be a hazard due to the speed of cars
in the downtown area. Their
recommendation to the council was angle parking on the east side of the street
only, with the exception of the first parking spot in each block, going in each
direction. There would be an increase
of approximately two parking places in each block and the convenience for
people to be able to pull into a parking spot rather than having to parallel
park. Mayor Swift requested the Traffic
Committee make their final recommendations at the May meeting along with
information from the city’s insurance carrier regarding liability.
CITIZENS
PETITIONS
Mr.
Dave Banta, of D. L. Banta and Associates Engineering, requested the council to
allow him to subdivide a property without having to go through the Zoning and
Planning Commission. In a letter to the
council, he explains that he and Mrs. Banta own a 9.9 parcel of land on the
east side of Birkey’s Chrysler Auto Sales and north of State Road 28. The parcel was annexed into the Attica city
limits in November of 1978. It was
rezoned to B2 (General Business). They
have modestly developed the property by obtaining a highway access permit and
started building a state approved car wash on the site. Recently Phelps Enterprises Inc. asked Mr.
Banta to aid them in developing plans for a motel on a portion of the
property. This motel is to be identified
as the Attica Motor Lodge. Such a
development does fit within the Attica Zoning B2 classification. Phelps Enterprises Inc. intends to purchase
only the western 5.190 acres of the 9.9-acre parcel. This would constitute a sub-division and that is not Mr. Banta’s
intent. Mr. Banta requested the water
and sewage lines be brought closer to the future building site. He also wanted to know if the city would
provide the installation of the utilities if Phelps Enterprises would pay for
the costs of the materials. Mr. Banta,
requested on his behalf and Phelps Enterprises Inc. the following actions from
the Attica City Council:
1.
1.
In accordance
with Section 10-150 of Attica’s Zoning and Subdivision Regulations Preliminary
Plat Approval, this project be approved without “Commission” submittal
requirements and general publication.
We believe dividing this 9.9-acre parcel into two service oriented B-2
properties does not meet the intent, nor the requirements of the regulation as
adopted.
2.
2.
The city
accepts the access drive as shown on the Plot Plan as a public street after
it’s construction. All construction
costs will be the burden of Phelps Enterprises Inc. right of way and
construction requirements will be in accordance with Attica’s Zoning and
Subdivision Regulations for a “Local Access Street”.
3.
3.
The water main
as shown on the Plot Plan be accepted by the city, and constructed by the city,
with Phelps Enterprises reimbursing the city for materials only. Additionally that the Attica Motor Lodge be
given a 1.5 inch water tap, location to be determined, from this new main, at
no charge.
4.
4.
The existing
city sanitary sewer now terminated north and west of the 9.9 acre parcel be
extended onto the west end of the north boundary’s 20 foot sewer easement to
the city, as set out in our utility expansion agreement dated April 1998.
5.
5.
Property tax
abatement proceedings are initiated on behalf of Phelps Enterprises and the
motel’s property and assets, as a community based incentive for this project.
Mayor
Swift stated, “I have no problem at all with using the city equipment if it’s
going to make growth and bring income to the city”. After much discussion among council members, Mrs. Gustus made a
motion to approve the proposed plot plan for the subdivision of the 9.9 acres,
seconded by Mr. Craft. Roll call was
taken with three (3) ayes, 0 nays.
Motion carried. Mr. Phelps
abstained from voting.
DEPARTMENT
HEADS
Police
Chief Gene Snoeberger presented to the council a sheet concerning overtime and
comp time that had been accumulated. He
prepared a chart with several options for their consideration in buying down
the accumulated comp time. He also
informed the council and mayor that thirty-eight vehicles had been tagged in
two days and thirteen had been towed.
UNFINISHED
BUSINESS
Mrs.
Gustus made a motion for the citywide cleanup day to be May 17 and 18, seconded
by Mr. Grant, all ayes, with Mr. Phelps abstaining. Mr. Grant said he would like to remind the citizens of Attica
that they are the people paying for the cleanup. In the past, there have been items hauled into town from
relatives and friends to be picked up on those cleanup days. He would like to discourage this being done. If the costs of cleanup get out of hand, the
city won’t be able to continue to do it in the future. The council requested citizens to not set
out items such as batteries, tires, yard wastes and concrete as the sanitation
people cannot haul those away.
Mrs.
Gustus made a motion to read Ordinance #2 for the first time in full and second
time by title only, seconded by Mr. Phelps.
All ayes. Mr. O’Connor real in
full: ORDINANCE #2, 2002 AN ORDINANCE
AMENDING CHAPTER 4, SECTION 4-10 ACCIDENT REPORT FEE: WHEREAS, Indiana Code 9-29-11-1 authorizes the City of Attica to
assess a fee for a copy of an Accident Report Form, and WHEREAS, the Common
Council for the City of Attica has determined that the present fee set forth in
Chapter 4, Section 4-10 of $3.00 for said Accident Report Form shall be
increased to the sum of $5.00, NOW THEREFORE, BE IT ORDAINED BY THE COMMON
COUNCIL FOR THE CITY OF ATTICA as follows:
Section 1. Chapter 4, Section
4-10(b) shall be amended to read as follows:
The Police Department is authorized to charge as a fee for a copy of an
Accident Report Form an amount of $5.00 per copy. Section 2. This Ordinance
shall be in full force and effect from and after its publication as required by
law and its adoption by the Common Council for the City of Attica. Mr. O’Connor then read by title only: ORDINANCE #2, 2002 AN ORDINANCE AMENDING
CHAPTER 4, SECTION 4-10 ACCIDENT REPORT FEE.
Mrs. Gustus made a motion to suspend the rules and read for the third
and final time, seconded by Mr. Grant.
All ayes. Mr. O’Connor read
Ordinance #2, 2002 in full. Mrs. Gustus
made a motion to adopt Ordinance #2, seconded by Mr. Phelps. Roll was called with four (4) ayes, 0
nays. Motion carried.
NEW
BUSINESS
Mrs.
Gustus made a motion to read Ordinance #3 the first time in full, second time
by title only. Mr. O’Connor read in
full: ORDINANCE #3, 2002 AN ORDINANCE
AMENDING CHAPTER 6, DIVISION 14, SECTION 6-400 AN ORDINANCE REGULATING OPEN
DITCHES WITHIN THE CITY OF ATTICA. Mr.
O’Connor then read by title only:
ORDINANCE #3, 2002 AN ORDINANCE AMENDING CHAPTER 6, DIVISION 14, SECTION
6-400 AN ORDINANCE REGULATING OPEN DITCHES WITHIN THE CITY OF ATTICA. Mrs. Gustus made a motion to table Ordinance
#3 and publish, seconded by Mr. Phelps.
All ayes.
Mrs.
Gustus made a motion to read Ordinance #4 for the first time in full, seconded
time by title only, seconded by Mr. Phelps.
All ayes. Mr. O’Connor read in
full: ORDINANCE #4, 2002 AN ORDINANCE
AMENDING CHAPTER 6, SECTION 6-277 AN ORDINANCE FOR REMOVAL OF LEAVES, GRASS
CLIPPINGS AND TREE TRIMMINGS. Mr.
O’Connor then read by title only:
ORDINANCE #4, 2002 AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-277 AN
ORDINANCE FOR REMOVAL OF LEAVES, GRASS CLIPPINGS AND TREE TRIMMINGS. Mrs. Gustus made a motion to table Ordinance
#4 and publish, seconded by Mr. Phelps.
All ayes.
Mr.
Phelps made a motion to read Ordinance #5 for the first time in full, second
time by title only, seconded by Mr. Grant.
All ayes. Mr. O’Connor read in
full: ORDINANCE #5, 2002 AN ORDINANCE
AMENDING CHAPTER 9, SECTION 9-35 BY THE INCLUSION OF SUBSECTION 0, PROHIBITION
AGAINST DISCHARGE OF GREASE INTO THE CITY SEWER SYSTEM. Mr. O’Connor then read Ordinance #5 by title
only: ORDINANCE #5, 2002 AN ORDINANCE
AMENDING CHAPTER 9, SECTION 9-35 BY THE INCLUSION OF SUBSECTION 0, PROHIBITION
AGAINST DISCHARGE OF GREASE INTO THE CITY SEWER SYSTEM. Mr. Phelps made a motion to table and
publish, seconded by Mr. Grant. All
ayes.
MISCELLANEOUS
Mayor
Swift announced to the council that the city had applied for and received an
extension for the Combined Sewer Overflow Long Term Control Plan. The Indiana Department of Environmental
Management gave the city an extension until April 1, 2003.
Present
at the council meeting were two citizens who explained they had tried to speak
with teens, who were congregating at the Shell station, concerning the noise
level late in the evenings. Now, those
same teens have targeted their home in late evenings by parking in front of it
and squealing the tires on their cars when driving away. Chief Snoeberger said he would speak with
his officers and they would patrol the area.
ADJOURNMENT
There
being no further business to be brought before the council, Mr. Phelps made a
motion to adjourn, seconded by Mr. Grant.
_____________________________
Deon H. Swift, II, Mayor
ATTEST:
________________________________
Nancy
Jo Mitchell, Clerk/Treasurer