Although the signs won’t come down until after the rescinding ordinance is published on Dec. 15, the ordinance banning parking on the southside of Hawthorne Street was repealed Monday night.
The City Council, on a 3-1 vote, repealed the ordinance approved in October that prohibited parking on Hawthorne Street at Monday night’s regular council meeting.
The decision was made by the council despite recommendations by city staff that the ordinance remain in effect for safety and liability reasons.
“After the meeting last time I was instructed to do the rescinding ordinance, and, after some addition consideration, I have a concern from a legal standpoint whether this is in the best interests of the city, ” said City Attorney Tom Lieske. “What we have here is a situation that at best involves three parking spaces. We have an engineered-known hazard and in the event that the hazard creates a situation where there is an accident or injury, I am concerned from the standpoint of our legal liability.”
Councilman Kleen agreed, “I think I have to stand behind the police department on this one,” said Kleen. “They identified the hazard, we had a study that you guys threw out, then we had another study that that you guys threw out that you didn’t believe, I don’t see it. We’re talking, like Tom said, three parking spots.”
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