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My opinion was to go with a blanket for the entire community. Councilman Bryant said <br />the intent was not to single out Dueleys or Hummers. Council President Worthen told <br />Mr. Arp the council had worked with several different ordinances from other towns and <br />cities and with Joe Beikman, Street Superintendent, and Police Chief Viles. He also told <br />Mr. Arp he had kind of argued with Councilman Bryant about the width because he <br />thought he might like to buy a Dueley if he could find one at o decent price. His <br />comment back to me was do you think that extra foot creates a problem, so I took my old <br />brown truck and parked it 12 inches away from the curb, which is legal, then I got in <br />another vehicle and drove around the block and came back and it did create a problem so <br />I had to agree. Actually you could be 108 inches. Mr. Arp said so, what can we do <br />about this. Councilman Worthen said provisions were made for pick up anal delivery <br />services and he thinks same downtown merchants provide some off street parking. <br />Councilman Dolen said he thought the ordinance was a good ordinance. Councilman <br />Worthen said he still felt comfortable with the width. Councilman Bryant said he <br />understood the argument and up until five or ten years ago most people didn't drive <br />Dueleys as their primary vehicle, but times are changing. We had to come up with <br />dimensions, we did research, anal I personally called at least four other towns and they all <br />had ordinances that dealt with this issue. I called Plainfield, Zionsville, and others. Mr. <br />Arp said why do we have to be like them. Attorney Currens said out streets were in need <br />of repair and you have to look at what is safe for our Town, we saw a need. This was <br />discussed over a period of time before the ordinance was ready for passage. Mr. Arp <br />asked if there was any way they were going to take a look at the ordinance and see what <br />could be done? Councilman Bryant and Councilman Dolen bath said this was not their <br />intention. Mr. Arp asked what the next step would be. Attorney Currens said this was a <br />valid ordinance and these councilmen passed it on valid reasons and unless Mr. Arp <br />could convince them differently he did not think they were going to overturn it. Mr. Arp <br />said how was he going to convince them, none owned a Dueley and do they live on a <br />town street. Mr. Currens answered all of them live on a town street. Councilman <br />Worthen said the response he has had on this ordinance has been more positive than <br />negative. Before he would commit to addressing a change in the ordinance he would <br />need mare negative response. Mr. Arp said if he brings negative response would he look <br />at re-addressing the ordinance? Councilman Worthen said he would, Councilman Bryant <br />said he wouldn't because a lot of time and research was done and his mind was set the <br />ordinance should stay the way it is. Councilman Shields said he believed this was for the <br />greatest goad for the number of people in Town. You can't change ar alter for a small <br />amount of people because you have to look at the biggest picture for the whole town. <br />Mr. Arp said he guessed he would go to the next step. <br />Legal; Attorney Currens had a draft of the Weight Ordinance for the council to review. <br />The next step on this would be comments and police and street departments do a study. <br />Mr. Currens announced that Mr. Turner had sued the Town last week for not giving him a <br />permit and went on to say he didn't feel this suit had any validity. The issue brought up <br />in the suit pertained to why a permit wasn't granted. First, this board does not grant those <br />permits, secondly Mr. Beikman said the permit was not filled out properly, and thirdly it <br />ignored the unsafe building violation that would have required far more than was set out <br />in the permit. We will respond to the suit. <br />Councilman Bryant asked about a date that was set, which he thought was around <br />November 22nd. He asked Attorney Currens if that was for the imminent domain or his <br />suit against us. Attorney Currens replied he thought that date was probably on the <br />injunctive relief. We did have a date earlier for apre-trial conference and we have a date <br />in March 2005 set for a hearing on the condemnation. I have been with the other attorney <br />and told him to get his things together so we can finish the discovery; I've been on him to <br />do that. Then when we meet with the judge in December, if we can narrow the issues <br />maybe we can get a quicker date that March. We are ready we're just waiting on them. <br />We are pushing as quick as we can. <br />~~ <br />