PLANNING COMMISSION MEETING

MINUTES for September 17, 2007

Attendance: Debbie Brown, Dan Nance, Pat Rice, Dave Roby, Bill Savage, Ward Sherman, and Planning Director Tom Doan.

Absent: City Attorney Tom Beeman

Approval of past minutes: Mr. Sherman motions to accept minutes from August 20, 2007 as written, Mr. Roby seconds, and all agree.

Mr. Rice asks the audience if there is anything they would like to address before we get to the agenda. Michelle Daniels and Michelle Scholl have attended the meeting. Michelle Daniels states that they are a group of 21 women that want to help beautify the city. She states that they have some questions pertaining to how the planning commission gets involved with violations. Mr. Rice states that Mr. Doan checks properties that he has received complaints on or ones he notices himself. He then brings it before the board, they discuss, and either gets property cleaned up by owner or city. If the city does it there is a lien put against the property. The board may order the structure to be demolished or be cited into court. Mr. Roby questions what there group actually does. Michelle D. responds that they are trying to help beautify the City of Elwood. Mr. Roby asks for further explanation. Michelle D. responds that she has a small business in Elwood and hears a lot of complaints from clients. She feels that it was a good idea to form an organization to go out and pull weeds, mow yards, etc. since the street department doesn’t always have the time. Michelle D. states that they group signed a waiver to keep the city from being liable for any damages to the group or the properties. Mr. Roby questions who did the waiver. Mr. Doan responds that the City Attorney Tom Beeman did. Mr. Roby explains that the waiver only keeps the city from being liable. Michelle understands that, but is trying to see about using the city equipment and to have someone available to load and unload the equipment at the properties. Michelle D. brings up the properties at South H and 18^th Street owned by Betty Roe. She feels that they look terrible and have for many years. She states that she spoke with a neighbor, George Mason about those properties, and he is ready to sell his home and move to his home in Florida because of the shape those properties have been in. Mr. Roby asks Mr. Mason if he has filed a complaint with Mr. Doan on the properties. Mr. Mason replies that he has. Mr. Doan states that the owners are making little progress on the properties. Mr. Rice explains that the city has to follow certain procedures in order to get these properties cleaned up. Mr. Rice also states that he feels that the organization they formed is great. Michelle D. states that she has been told that Street Commissioner Pat Beeman does not have enough people to fix these problems in a timely manner. She wants to know if there is anyway they can put someone under him to do nothing but this. Mr. Roby states that the city still has to follow the procedures. Mr. Roby gives an example. Ms. Brown feels that it is great they are doing this and offers them her mower. She explains that the group has more liberty than the city does with certain things. Mr. Mason asks why the city can’t send a letter to the owners and make them fix it. The board responds that they do. Mr. Roby states that some times it is hard to get a response from the owners. Mr. Rice states that Mr. Doan is doing what he can. Mr. Doan explains the procedure again. Another citizen in the audience states to Michelle D. that he is very admirable and wishes the room was full of people like her. He states that the city cannot loan out there equipment because if it breaks down on them, then the street department cannot do there job. He suggests for them to talk directly with the owners and they may let the group use their own personal equipment. They discuss. Mr. Roby states that the city will never allow a non-city employee to use their equipment because of liability and insurance purposes. He states that the city doesn’t allow community service workers to use it. Mr. Roby gives an example. Mr. Rice thinks that the group should go to the Mayor’s office. The Mayor would be the only person able to okay anybody using the city equipment. Michelle D. asks if they can go to people’s door and say that there will be consequences if you don’t get the property cleaned up. Mr. Rice states that they can give the owners a copy of the city ordinance. Ms. Brown suggest for them to put something in the people speak and ask for help or donations. Michelle D. has talked with other cities and found out how they get some of there properties cleaned up. They discuss. Ms. Brown suggest them going to a city council meeting and voicing this to them. She states that the council meets at 7:00pm the first Monday of every month. They discuss. Mr. Savage states that the city cannot do anything now because the spending freeze is still in affect. Mr. Roby states that they have tried to hire someone for the summer to clean up these properties, and have not been allowed to because of insurance factors, legal issues, etc. Michelle D. suggests the police department serve the letters to save some of the postage expense. Mr. Rice states that some things have to go through certified mail in order to hold up in court. He also states that the council has been looking for a different solution. Mr. Mason feels that Elwood is getting worse. He asks if there is anyway that the city can get help from the state financially. Mr. Rice states that is what the problem has been. He states that we don’t even now if what we have spent this year is funded. Mr. Mason asks if the Street Department is understaffed. The board responds that they are not. Michelle D. asks if Mr. Doan can put someone under him to go out and clean up the properties. Mr. Rice suggests them asking the Mayor why the Street Department has yet to mow properties from June. Ms. Brown feels that the more pressure the Mayor feels the harder he will be with the department head(s). Mr. Sherman thinks the group should go to the City Council. Mr. Mason asks that the city do something about it. He doesn’t mind helping those that need it. He asks if the city would reimburse them for their gas that they use. Mr. Rice states that would have to be okayed through the Mayor. Michelle D. asks if the Mayor would take it more serious if the department heads or the board says something to him. Mr. Sherman suggests taking it to the council. Mr. Roby suggests taking up donations for gas, equipment, etc. Michelle D. thinks that putting something in the paper is a good idea, but feels that the city should put something in the paper as well. They discuss. Mr. Nance suggests going to churches, sororities, etc. for help. Mr. Doan explain that the city don’t have a lot of equipment. They discuss. Ms. Brown also suggests they go to a Main Street Committee meeting. They are held the second Thursday of every month at 5:30pm at Roby’s Grill. Another citizen from the audience, Cathy Miller, is embarrassed to tell people where she lives because of the properties in town. She states that she bought the home next door to her and demolished it because nothing was being done. She wants to know where she can get a copy of the ordinances that pertain to unkept homes. Mr. Doan tells her to come to his office and he will get her what she needs. They discuss. Ms. Miller thinks we should make others be aware of helping. She is not happy being in Elwood anymore. Mr. Doan states that he is trying to change some of the permit requirements and fees in order to ensure no homes are being “flipped” and to help generate some revenue back into the city. Mr. Rice states that the council is discussing changing some ordinances to put more responsibility back on the owners of rental properties. Mr. Roby wants to see about having an environmental court once every two weeks to do nothing but this. Mr. Rice states that he will check into it. Michelle Scholl questions how to go about getting businesses to clean up their parking lots and the cigarette butts. The board suggests talking to the manager in charge. It is private property and the city cannot enforce them to clean it up. The board urges the group to keep involved and come to the meetings.

Old Business: Don Starr- 1324 Main Street- Mr. Rice asks Mr. Starr what kind of progress he has made. Mr. Doan states that Mr. Starr is about 50% done with one column. Mr. Nance asks what kind of footer he has. Mr. Doan replies about 18” wide by 4’ deep. Mr. Rice questions if that will work. Mr. Doan replies that it will for now. He states that Mr. Starr called the office last week to see about using the city fork truck because theirs broke. Mr. Roby questions how safe this will be. Mr. Doan states that Mr. Starr is doing what he told the board he was going to he just don’t have it finished. Ms. Brown states that Mr. Starr was suppose to have this completed before the Planning Meeting. Mr. Roby makes motion to send Mr. Starr to court, Mr. Sherman seconds, and motion carries.

Revised Building Permits- Mr. Nance must be excused. Ms. Brown states that most of the work has been finished for the revised permits. Mr. Rice questions getting a permit for a portable shed and doesn’t think you should need one. They discuss. Mr. Doan and Mr. Savage point out that on page 4, it states that a portable shed exceeding 160 sq. ft. or larger will be a flat fee of $60. Mr. Sherman is tired of people buying homes and bandaging them up. He feels if the home has to be inspected, then the city would know that they are structurally safe. Mr. Roby questions that no permit is required for routine maintenance. He questions that as long as he doesn’t replace the wood on a roof job, then he doesn’t need a permit. Mr. Doan states that is correct. He also states that under state code he can still go and inspect it, and if they are putting more than two layers on a roof, he can make them tear it off and do it right. (no more than 2 layers are permitted) Mr. Roby feels that the major problem is currently our fees are to low, but he doesn’t want to discourage people from making improvements to their property. Mr. Rice asks if he replaces all of the windows in his home, putting him spending more than $500, would he need a permit. Mr. Doan and Mr. Sherman reply that he would not because window replacement does not require a permit. Ms. Brown asks how we would enforce the registration fee. The board responds that they wouldn’t give that person a permit until they are registered. Mr. Rice questions the insurance. Mr. Doan states that the insurance company would fax us a copy of their coverage and would also send us notification if they cancelled their policy. Mr. Rice asks how we can capture that money coming in. Mr. Savage states that it would go before the council. Ms. Brown asks how much money this will generate. Mr. Doan feels that it will be enough to put some towards the demolition fund or what else we might need. Mr. Roby makes motion to pass recommendations to the city council, Mr. Sherman seconds, all agree. Mr. Roby motions for City Attorney Tom Beeman to do the language to be sure that we get the money back and we can use it for what we need, Mr. Savage seconds, and all agree.

New Business: Sheila Cooper- Hargrave Property- 1000 North 9^th Street- Mr. Doan states that Ms. Cooper called at noon today and left a message that she would not be at the meeting and wanted a call back to see what the Planning Commission need with her. Mr. Doan called her back and left a message explaining that the board wants to know what her intentions are with the property. Mr. Rice suggests Mr. Doan to try and contact her again verbally and see if she will give him permission to inspect the property and if she won’t, then we will get an inspection warrant. Mr. Doan states that he is fine with that. Mr. Roby states that he sees kids riding bikes, 4-wheelers, etc. back there in the buildings. Ms. Brown asks if there is a fence there. Mr. Doan states that there is, but it is not secure enough to keep anybody out of there. Mr. Rice suggests having Mr. Doan inspect it and bring his findings back to the board to review it. Mr. Roby is bothered by the fact that there is not a consequence for her not showing to this meeting. Ms. Brown asks what is next if Mr. Doan finds the buildings unsafe. Mr. Rice states to order them to be demolished. Mr. Savage states to order the property owner to have it demolished. Mr. Rice states that it will just get pushed back and forth like the other properties have in town. They discuss. Mr. Nance says lets get the inspection first, and then we can decide.

Adjournment: Ms. Brown makes motion to adjourn, Mr. Sherman seconds, and all agree.

Meeting Adjourned.

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