COUNCIL PROCEEDINGS
CITY OF ATTICA
SEPTEMBER 9, 2002
The Common Council for the City of Attica met on the 9th
day of September 2002 at the hour of 7 p.m. at city hall. Those present: Mr. Larry Grant, Mr. Bill Craft, Mrs.Valarie Maus, Mrs. Kay
Gustus, Mr. Curt Phelps, Mr. Tom O’Connor, and Mr. Deon Swift.
APPROVAL OF MINUTES FROM PREVIOUS MEETING
Mrs. Gustus made a motion to approve the minutes of the
August 12, 2002 council meeting, seconded by Mr. Phelps. All ayes.
PUBLIC HEARING ON 2003 BUDGET
Mayor Swift opened a public hearing on the 2003 Budget and
asked for any comments from the floor.
There being none, Mr. Phelps made a motion to close, seconded by Mrs.
Gustus. All ayes.
COMMITTEE REPORTS
Mr. Grant, Chairman of the Traffic Committee, reported the
committee had met and decided they should consult with the city attorney to
look at the legal ramifications of going with angle or parallel parking in the
downtown area. After discussion with
Mr. O’Connor, Mr. Grant said, “Legally, it doesn’t matter one way or
another”. Mr. O’Connor explained that
under the Indiana Tort Claims Act, the City of Attica might not be sued under
some circumstances; one of the circumstances that would apply is a
discretionary function that this council would decide as opposed to an
administered function. The city can be
sued for the carrying out of a policy, but we can’t be sued based upon that
policy. He believes there is very
limited liability whether it’s parallel or angle parking. Mr. Grant said, “I believe the company that
insures us probably has other municipalities insured that don’t have all their
parking in order. Mayor Swift asked,
“How long are we going to go with this?
Are we going to make a decision now?”
He also said, “I will not touch the parking at the churches or the
cemeteries”. After further discussion,
Mr. Grant made a proposal that the council allow angle parking, as Police Chief
Gene Snoeberger laid it out on a map.
Angle parking would be allowed on the east side of Perry Street between
Main and Jackson Streets and leave the rest as it is. Mrs. Maus, also a member of the Traffic Committee, said, “This is
not my recommendation”. Mr. Grant then
restated this was a motion on his part and not a recommendation by the Traffic
Committee. Mrs. Gustus seconded. Discussion followed. Mr. Craft expressed concerned over the
amount of congestion in front of the China Buffet when people leave the NAPA
parking lot. Chief Snoeberger said, “In
the space that Mr. Grant is talking about from Main Street to Jackson Street,
we would gain five parking spaces; on the east side of the street, however,
three existing spaces would be reduced to compact car spaces and we may not be
gaining that much. From a traffic
standpoint, it would be a night- mare”.
Mayor Swift said, “My question to Mr. Grant is if we’re not going to
gain anymore parking, what is the issue?”
Mr. Grant replied, “The entire issue is not gaining parking spaces. The merchants feel a lot of people can’t or
won’t try to parallel park and they (the merchants) feel as though they would
have more business if angle parking were available. I feel as though a compromise is a fair and just way to resolving
the issue”. Mr. Adam Bonebrake asked,
“Why does the council feel compelled to compromise with people who didn’t show
up at two meetings held at their request?”
Mr. Grant replied, “Those people thought it enough to appear and ask to
begin with and they shouldn’t have to keep returning”. Mr. David Huckleberry said, “To sum up all
the meetings I’ve attended, the insurance company recommends not doing it, the
Police Chief recommends not doing it, and the majority of people in town, based
on Attica-Online Opinion Poll, do not want you to do it. The people who do want you to do it didn’t
show up at two meetings to support their point, but yet your motion is to
instill angle parking for a gain of one and a half or maybe two parallel
parking spots, possibly making it harder for the people who have grown
accustomed to the parallel parking downtown”.
Mayor Swift declared the end of discussion and pointed out there was a
second to the motion to install angle parking from Jackson Street to Main
Street on the east side. Roll was
called. Mr. Craft, Mrs. Maus, Mr.
Phelps voted nay with Mrs. Gustus and Mr. Grant voting yea. With three for and two against, the parking
will remain the way it is at the present time.
CITIZEN’S PETITIONS
Mr. John Roemer respectfully suggested to the council they
allow two week ends in the fall (if it is dry) for citizens to burn
legally. He feels it would be a great
help. The other fifty weeks of the
year, the city could keep the “no burn ordinance” enforced. Mayor Swift thanked Mr. Roemer for his input
and suggested the council discuss the issue at the October meeting.
Mrs. Gustus made a motion to extend watering privileges
through the month of September, seconded by Mr. Phelps. All ayes.
DEPARTMENT HEADS
Mr. Ron Jean, Director of Public Works, reported that work
at the library was finished. The last parking
spot next to Perry Street might be too close and he and Chief Snoeberger were
going to inspect it. Mayor Swift said
he had received a letter of thanks from the library board who also expressed
their appreciation for all that was done.
Mrs. Maus asked Mr. Jean to check on the hydrants at the
back of the cemetery. She had received
reports there was no water available.
Police Chief Gene Snoeberger reported he and his department
were enforcing violations of city ordinances in order to clean up property,
hoping to get it done before Potawatomi Festival.
Chief Snoeberger also reported the new patrol car would be
put into service the following evening.
UNFINISHED BUSINESS
Mrs. Gustus made a motion to bring Ordinance #12 from the
table and read in full for the third and final time, seconded by Mr.
Craft. All ayes. Mr. O’Connor read: This is ORDINANCE #12, 2002 AN ORDINANCE ESTABLISHED WAGES AND
COMPENSATION FOR ELECTED OFFICIALS, APPOINTED OFFICIALS, EMPLOYEES, AND MEMBERS
OF THE ATTICA POLICE DEPARTMENT AND FIRE DEPARTMENT. Mrs. Gustus made a motion to adopt Ordinance #12, seconded by
Mrs. Maus. Roll was called. Five (5) ayes, zero (0) nays. Motion carried.
NEW BUSINESS
Mayor Swift reported the city merchants recommended Trick or
Treating for Thursday, October 31, from 5 p.m. to 6 p.m. for downtown and going
door-to-door from 6 p.m. to 8 p.m. Mr.
Phelps made a motion to accept their recommendation, seconded by Mrs. Maus. All ayes.
MISCELLANEOUS
Mayor Swift announced there would be a special council
meeting for the final adoption of the 2003 Budget on Tuesday, September 17,
2002.
Mayor Swift said Attica High School is requesting permission
from the council to hold their homecoming bonfire on September 12. Full fire protection will be effect for this
state approved ceremonial fire. The
city ordinance allows burning with the “written permission from the Fire
Chief”. The council gave their
approval.
Mayor Swift reported that mosquito spraying would continue
for at least two more weeks. He
informed the council that the Fountain-Warren County Heath Department was
paying for the granules and round shaped pellets to put in standing water. The city continues to purchase the
spray. Citizens are encouraged to keep
grass and weeds cut and eliminate all open containers with standing water.
Discussion was held concerning the old hardware/auction
building on Perry Street. Building
Commissioner Bunny Jordan said the owner has filed bankruptcy making it more
difficult to condemn the building. He
is also not responsive to notifications mailed to him. Ms. Jordan said she would continue to work
on the problem.
ADJOURNMENT
There being no further business to come before the council,
Mrs. Gustus made a motion to adjourn, seconded by Mr. Phelps.
______________________________
Deon H.
Swift, II, Mayor
ATTEST:
___________________________________
Nancy Jo Mitchell, Clerk/Treasurer