Board of Public Works & Safety

REGULAR MEETING – April , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, April 15, 2019, at the hour of 8:30 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President Steve Janus, who presided. Noted present: Steve Janus, Rich Murphy and Virginia Keating (3) Absent: None (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel John Gorczyca, M.C. Sanitary District Kalon Kubik, Administrator, Mayor’s Office Charles “Spike” Peller, City Engineer Sue Downs, Code Enforcement / Building Commissioner Christine Vanderborg, Code Enforcement Bob Zondor, Superintendent, Central Services/Maintenance Craig Phillips, City Planner Clarence Hulse, Executive Director, Economic Development Corporation, M.C. Royce Williams, Chief of Services, M.C.P.D. Abigale Thayer, Event Coordinator Paul Ruane, Associate Planner Julie Holbrook, Animal Control Officer Natalie Howe, Animal Control Officer Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of April 1, 2019. Vice-President Murphy made the motion to approve the minutes from the April 1, 2019 Regular meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. OPENING OF BIDS – One ( ) Tandem Axle Dump Truck with trade-in of one ( ) vehicle President Janus asked if there was anyone wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for the one (1) Tandem Axle Dump Truck with trade-in of one (1) vehicle. The motion was seconded by Vice- Regular Meeting – April 15, 2019 Page 2 President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising one (1) sealed bid was received as follows; advising this is the bid minus the trade-in. M&K Truck Centers - $220,311.00 Vice-President Murphy made the motion to refer the bid to Legal and the appropriate City Departments for review and recommendation. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. REQUEST TO USE CITY LOT – Abigale Thayer Kuchta, Event Coordinator, is requesting to use the lot at the corner of North East corner of >th & Washington Streets for the Farmer’s Market Season – Saturdays, May thru October from A: a.m. to : p.m. Abigale Thayer Kuchta, Event Coordinator addressed the Board stating she is requesting approval to utilize the lot at 8th & Washington Streets for the Farmer’s Market on Saturdays, May thru October from 6:00 a.m. till 2:00 p.m. Virginia Keating made the motion to approve the request to use the lot at the North East corner of 8th & Washington Streets on Saturdays, May thru October from 6:00 a.m. to 2:00 p.m. for the 2019 Farmer’s Market. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. AGREEMENT – Agreement for Entertainment Services for Michigan City Farmer’s Market Season with George M. Prellwitz – commencing on May C, through October A, – total compensation $2,CAA.>C. Abigale Thayer Ruchta, Event Coordinator addressed the Board stating this contract is the same as last year; advising the compensation is $133.34 for each Saturday; requesting approval. Vice-President Murphy made the motion to approve the agreement for Entertainment Services for Michigan City Farmer’s Market 2019 season with George M. Prellwitz – commencing on May 4, 2019 through October 26, 2019 – total compensation $3,466.84. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. MICHIGAN CITY FARMER’S MARKET AGREEMENTS – Farmer’s Market Agreement between City and Vendor – with: Jack Haverstock for JR Produce John Ryszka for the Rising Phoenix Gallery Esther Guncheon for The Nest Randy Pressler for Grandpa’s Farm Chris Giannini for Harmony Farm Ed Burek for Burek Farms Penny Vicini for Penny Vicini Chris A. Hebron for Hebron Farms Regular Meeting – April 15, 2019 Page 3 Rebecca L. Conner for Green Trail Flower Farm Bret Stamper for Stamper Cheese Co. Josh & Valerie Wright for Bassline BBQ Mike Nasser for Mike’s Mediterranean Cuisine Josiah & Judy Klinedinst for OH MAMMA’S Amanda Fredenburg for Sprinkles & Co. Corporate Counsel, Amber Lapaich addressed the Board stating there were a few things she had to mention with regards to some of the agreements: John Ryszka- The Rising Phoenix Gallery, needs to sign his application Esther Guncheon – The Nest – policy expires on August 8, 2019 Randy Pressler – Grandpa’s Farms – policy expires on June 22, 2019 Chris Giannini – Harmony Farm – COI needs cancellation language Ed Burek – Burek Farms – policy expires on July 5, 2019 Rebecca L. Conner – Green Trail Flower Farm- policy expires on August 27, 2019 Bret Stamper – Stamper Cheese – where does the notice need to be sent; and policy expires August 1, 2019 Josh & Valerie Wright for Bassline BBQ- where does the notice need to be sent Mike Nasser – Mike’s Mediterranean Cuisine- where does the notice need to be sent Josiah & Judy Klinedinst for OH MAMMA’s – policy expires on July 10, 2019 Virginia Keating made the motion to approve the requests for the Farmer’s Market agreements between the 14 parties listed, those being: Jack Haverstock for JR Produce; John Ryszka for The Rising Phoenix Gallery; Ester Guncheon for The Nest; Randy Pressler for Grandpa’s Farm; Chris Giannini for Harmony Farm; Ed Burek for Burek Farms; Penny Vicini for Penny Vicini; Chris A. Hebron for Hebron Farms; Rebecca L. Conner for Green Trail Flower Farm; Bret Stamper for Stamper Cheese Co.; Josh & Valerie Wright for Bassline BBQ; Mike Nasser for Mike’s Mediterranean Cruisine; Josiah & Judy Klinedinst for OH MAMMA’S; and Amanda Fredenburg for Sprinkles & Co; in addition there are some items that have been listed that need to be completed; advising she is including these in her motion, and will not list all of those items. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. REQUEST FOR STREET CLOSURE – Abigale Thayer Kuchta on behalf of Abby May of the Michigan City Mainstreet Association is requesting the closure of Fth Street between Franklin and Washington Streets on Friday, May 2, from 2: p.m. to : p.m. to host Wonder Wheels BMX Stunt Team performers for the First Friday Art Walk Summer Series Abby May, President, Mainstreet Association addressed the Board explaining her request. Corporate Counsel, Amber Lapaich addressed Ms. May stating Mainstreet will need an updated Certificate of Insurance; advising the one they presented expires on April 25, 2019. Abigale Thayer Ruchta, Event Coordinator addressed the Board stating she emailed Captain Jeff Loniewski and Chief Mark Swistek, M.C.P.D. and they both approve of the closure. Vice-President Murphy made the motion to approve the request on behalf of Mainstreet Association for the closure of 7th Street between Franklin and Washington Streets on Friday, May 3, 2019 from 3:00 p.m. to 9:00 p.m. to host Wonder Wheels BMX Stunt Team performers for the First Friday Art Walk Summer Series. The motion was seconded by Regular Meeting – April 15, 2019 Page 4 Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. VENDOR LICENSE – Ron Landtroop, owner of “A Slice of Heaven” is requesting the renewal of his Mobile Food Vendor license to be located at Brandt’s Old Fashion Feed and Pet Store, 2 W. Michigan Boulevard Ron Lantroop, Owner “A Slice of Heaven” addressed the Board regarding his Mobile Food Vendor license. Virginia Keating made the motion to approve the request for Ron Lantroop “A Slice of Heaven” for renewal of his Mobile Food Vendor license located at Brandt’s Old Fashion Feed and Pet Store, 309 W. Michigan Boulevard. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. CONTRACT APPROVAL – City of Michigan City Engineering Services Contract with SEH of Indiana LLC. – effective April , – not to exceed $ , . Charles “Spike” Peller, City Engineer addressed the Board explaining the services to be provided. Vice-President Murphy made the motion to approve the contract between the City and SEH of Indiana, LLC. for engineering services; effective April 15, 2019; not to exceed $100,000.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. CONTRACT – Contract for Professional Community and Economic Development Services by and Between the City of Michigan City and Economic Development Corporation Michigan City, Indiana -effective January , – contract amount $ , . Corporate Counsel, Amber Lapaich addressed the Board stating this is the standard yearly agreement between the City and Economic Development Corporation for their services. Virginia Keating made the motion to approve the contract for Professional Community and Economic Development Services by and between the City of Michigan City and Economic Development Corporation, Michigan City, Indiana; effective January 1, 2019; in the sum of $150,000.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. REQUEST FOR SHARROW STREET MARKINGS – Craig Phillips, Executive Director, Michigan City Planning Department is requesting the placement of Sharrow (shared bike lane) street markings on Lakeshore Drive from Kruger Avenue to the City’s Corporate Limits (Stop C/Blanchard Court) for pedestrian safety Craig Phillips, Planning Director, addressed the Board explaining the request. Jed Mondale, President of the Sheridan Beach Homeowner’s Association, 203 Georgia Avenue addressed the Board stating his concerns with joggers, walkers, bicyclist, etc. along Lakeshore Drive especially as the weather warms up; advising the Sharrow signs will help Regular Meeting – April 15, 2019 Page 5 direct the pedestrians and make Lakeshore Drive safer for the bicyclists and pedestrians; explaining the Homeowner’s Association is willing to make a contribution towards the cost. Craig Phillips, Planning Director, stated the total cost is $24,850.00; explaining this is for the markings as well as the “share the road” signage; asking for the Board to consider this request contingent upon the funding. Jay Niec, SEH of Indiana, LLC. addressed the Board recommending we place the sharrow street markings on Lakeshore Drive in Sheridan Beach. Discussion ensued between President Janus and Mr. Phillips regarding if the sharrows will be done this year. Mr. Phillips responded his hope is to get this done before summer, if not hopefully by the end of the year; advising they have to identify the exact funding source. Vice-President Murphy made the motion to approve the request by Craig Phillips, Planning Director; requesting the placement of Sharrow (shared bike lane) street markings on Lakeshore Drive from Kruger Avenue to the City’s Corporate Limits (Stop 14/Blanchard Court) for pedestrian safety; contingent upon the funding. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. AGREEMENT – Agreement between the Indiana Department of Transportation and Michigan City, Indiana concerning Joint use of Highway Right of Way and Maintenance of Lighting and Handrail on US over Trail Creek Craig Phillips, Planning Director addressed the Board stating this is a standard agreement between the City and INDOT in regards to projects where enhancements are done to planned INDOT projects; advising this project consists of decorative elements being added to the bridge over Trail Creek on Highway 12 and the approaches to the bridge; explaining this is everything from the Michigan Boulevard intersection to BlueChip Drive; further stating this is scheduled for construction in 2020; further advising traffic will be maintained throughout the project in both directions. Corporate Counsel, Amber Lapaich addressed the Board stating she has reviewed the agreement; recommending approval. Virginia Keating made the motion to approve the agreement between the Indiana Department of Transportation and Michigan City, Indiana concerning joint use of Highway Right of Way and Maintenance of Lighting and Handrail on US Highway 12 over Trail Creek. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. RESOLUTION- ADOPTING A SCHEDULE SETTING FORTH THE MAXIMUM AMOUNT OF PERFORMANCE BONDS APPLICABLE TO VARIOUS TYPES OF ORDERED ACTION PURSUANT TO THE UNSAFE BUILDING ACT & SETTING THE AVERAGE PROCESSING COSTS MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY RESOLUTION NO. 2813 ADOPTING A SCHEDULE SETTING FORTH THE MAXIMUM AMOUNT OF PERFORMANCE BONDS APPLICABLE TO VARIOUS TYPES OF ORDERED ACTION Regular Meeting – April 15, 2019 Page 6 PURUSANT TO THE UNSAFE BUILDING ACT & SETTING THE AVERAGE PROCESSING COSTS WHEREAS, the City of Michigan City is a municipality which has within Sec. 22-1 of the Michigan City Municipal Code, adopted the Unsafe Building Act, I.C. 36-7-9, et seq (“the Act”), to enforce property maintenance standards; and WHEREAS, the Michigan City Planning and Zoning Department (“Planning Department”) is authorized under Sec. 22-1 to administer the Act; and WHEREAS, the Board of Public Works and Safety (“Board”) has been appointed to have control over the Planning Department for the purpose of establishing performance bonds and average processing expenses to be imposed under the Act and under Sec. 22-1 of the Michigan City Municipal Code; and WHEREAS, the Act, specifically I.C. 36-7-9-7(h), provides that the board or commission having control over the office authorized to administer the Act shall, at a public hearing, after giving notice of the time and place of the hearing by publication in accordance with I.C. 5-3-1 adopt a schedule setting forth the maximum amount of performance bonds applicable to various types of action ordered by the hearing authority; and WHEREAS, the hearing authority is to use the schedule to fix the amount of a performance bond to be required as a condition for allowing an additional period of time to accomplish action required by the order issued under the Act, as provided in I.C. 36-7-9-7(f); and WHEREAS, the Board has determined that the appropriate and reasonable amount of a performance bond should be One Hundred and Twenty-Five Percent (125%) of the estimated costs for services and materials required to accomplish the work required by the order; and WHEREAS, the Board is aware that the Planning Department uses a uniform guide to estimate the cost of services and materials that would be required to bring properties into compliance with the property maintenance code and will provide estimates when requested; and WHEREAS, the Act, more specifically I.C. 36-7-9-12(b), provides that the board or commission having control over the department authorized to administer the Act shall, at a public hearing, after giving notice, determine the average processing expense to be added to the cost charged for work performed by or on behalf of the Planning Department to perform work required by orders issued under the Act; and WHEREAS, in calculating the average processing expense, I.C. 36-7-9-12(a) the following costs may be considered: A.) The costs of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises; B.) The cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the enforcement authority intends to accomplish the work, and notice that a hearing may be held on the amounts indicated in the record in accordance with I.C. 36-7-9-25; C.) Salaries for employees; and D.) Cost of supplies, equipment, and office space; and WHEREAS, the Planning Department has recommended that the following are reasonable costs that should be considered in calculating the average processing expense for the City: A.) IF NO ASBESTOS ABATEMENT IS REQUIRED: 1.) Title Searches $ 200.00 2.) Publication costs for orders and statement public bids $ 200.00 3.) Certified & U.S. mail costs for providing notice $ 100.00 4.) Amount attributable toward employee salaries$ 375.00 5.) Cost of supplies, equipment, and office space $ 200.00 $1,075.00 6.) PLUS THE DIRECT COST FOR ASBESTOS TESTING INCURRED BY CITY Regular Meeting – April 15, 2019 Page 7 B.) IF ASBESTOS ABATEMENT IS REQUIRED: 1.) Title Searches $ 200.00 2.) Publication costs for orders and statement public bids $ 200.00 3.) Certified & U.S. mail costs for providing notice $ 100.00 4.) Amount attributable toward employee salaries$ 375.00 5.) Cost of supplies, equipment, and office space $ 200.00 $1,075.00 6.) PLUS THE DIRECT COST OF ASBESTOS TESTING INCURRED BY CITY 7.) PLUS THE DIRECT COST OF THE ASBESOTS ABATEMENT INCURRED BY THE CITY WHEREAS, notice of public hearing in this matter was provided in accordance with I.C. 5- 3-1; and WHEREAS, the Board believes that is in the best interest of the City and the taxpayers herein to adopt a schedule setting forth the maximum amount of performance bonds applicable to the various types of ordered actions under the Act and setting the average processing costs for work performed under the Act. NOW, THEREFORE, BE IT RESOLVED BY THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY AS FOLLOWS: 1. The aforementioned “Whereas” sentences are incorporated herein as if fully set forth herein. 2. The Board hereby establishes the maximum amount of a performance bond, which shall be One Hundred and Twenty-Five Percent (125%) of the estimated cost of services and materials that would be necessary to bring a property that is subject of an order under the Unsafe Building Act into compliance. 3. The Board may reduce the amount of a performance bond to a lower percent of the estimated costs of services and materials required to complete repairs if the hearing authority determines that the respondent lacks sufficient funds to complete repairs unless the performance bond is reduced, if the Board determines that the repairs can and will be completed expeditiously without the payment of the maximum amount, or if the Board determines that the facts and circumstance of the case warrant the reduction of the performance bond. 4. The Board hereby establishes the average processing expense to be added to the costs charged for work performed to effectuate an order issued under the Unsafe Building Act shall be as follows: A.) IF NO ASBESTOS ABATEMENT IS REQUIRED: 1.) Title Searches $ 200.00 2.) Publication costs for orders and statement public bids $ 200.00 3.) Certified & U.S. mail costs for providing notice $ 100.00 4.) Amount attributable toward employee salaries$ 375.00 5.) Cost of supplies, equipment, and office space $ 200.00 $1,075.00 6.) PLUS THE DIRECT COST FOR ASBESTOS TESTING INCURRED BY CITY B.) IF ASBESTOS ABATEMENT IS REQUIRED: 1.) Title Searches $ 200.00 2.) Publication costs for orders and statement public bids $ 200.00 3.) Certified & U.S. mail costs for providing notice $ 100.00 4.) Amount attributable toward employee salaries$ 375.00 5.) Cost of supplies, equipment, and office space $ 200.00 $1,075.00 6.) PLUS THE DIRECT COST OF ASBESTOS TESTING INCURRED BY CITY Regular Meeting – April 15, 2019 Page 8 7.) PLUS THE DIRECT COST OF THE ASBESOTS ABATEMENT INCURRED BY THE CITY This Resolution will be in full force and effect from and after its passage by the Board. Adopted by the Board of Public Works & Safety of the City of Michigan City, Indiana by a vote of 3 to 0 this 15th day of April, 2019. /s/ Stephen Janus, President /s/ Richard Murphy, Member /s/ Virginia Keating, Member Corporate Counsel, Amber Lapaich addressed the Board explaining what the Resolution entails; stating it is based on the Unsafe Building Act; advising the Board had never adopted standards to set performance bonds; asking President Janus to open the meeting up for a public hearing then making a motion to approve the request. President Janus opened the Public Hearing; then asked the Board’s pleasure; closing the Public Hearing. Virginia Keating made the motion to close the Public Hearing. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. Vice-President Murphy made the motion to approve the request; Resolution- adopting a schedule setting forth the maximum amount of performance bonds applicable to various types of ordered action pursuant to the unsafe building act & setting the average processing costs. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. REQUEST TO USE ACCESS ROAD- Northern Indiana Public Service Company is requesting permission to access a Michigan City access road to perform soil bores within N.I.P.S.C.O.’s property Charles “Spike” Peller, City Engineer addressed the Board explaining the request. Discussion ensued between Corporate Counsel, Amber Lapaich and Mr. Peller regarding what part of Franklin Street is NIPSCO is wanting to cross. Counsel Lapaich advising the attachment doesn’t clearly specify the location in question and who owns it; stating this request should be tabled and sent back to NIPSCO asking for further clarification. Virginia Keating made the motion to table this matter and have NIPSCO come back and explain exactly where they will be crossing. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion Carries. CLAIMS AND PAYROLL Virginia Keating moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was second by Regular Meeting – April 15, 2019 Page 9 Vice-President Rich Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion carries. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount of 04/12/2019 $560,127.18 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Amount 1 of 5 04/15/2019 $1,380,086.70 1 of 1 04/15/2019 $18,127.21 1 of 1 04/15/2019 $1,336.25 UNFINISHED BUSINESS President Janus stated the first item on the Pending Item List is a request for a street light mid-block; 300 block of Walker Street. Charles “Spike” Peller City Engineer addressed the Board stating the M.C.P.D. is recommending approval for placement of the street light. Royce Williams, Chief of Services, M.C.P.D. addressed the Board stating this is correct; affirming they want a street light at that location. Vice-President Murphy made the motion to move forward with the placement of the street light mid-block on 300 block of Walker Street per the request from Laverne Child; and remove the matter from the Pending Item List. The motion was second by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion carries. President Janus stated the next item on the Pending Item List is a request for a speed assessment on Village Road & Crestwood Drive – South Gate neighborhood. This item will stay on the Pending items list for thirty (30) days and M.C.P.D. Traffic Division will monitor and report back at the next meeting on May 6, 2019. President Janus stated the next item on the Pending Item List is a request for street lights on Pahs Road for pedestrian safety. Charles “Spike” Peller will research the lighting and costs and will report back at the next meeting on May 6, 2019. Regular Meeting – April 15, 2019 Page 10 President Janus stated the next item on the Pending Item List is +WeCreate Media-Marketing Contract for 2019 – 60-day update. Abigale Thayer Ruchta, Event Coordinator addressed the Board explaining the handouts she presented to them. Chris Cribs, Videographer & Social Media Manager, +WeCreate Media addressed the Board showing a commercial of the Old Lighthouse Museum; advising the video is an example of the kind of work they do. PUBLIC COMMENTS President Janus asked if there were any public comments; there was no response. BOARD COMMENTS President Janus asked if there were any Board comments; there was no response. -MINUTE RECESS DOG APPEAL- Julie Beadle, C Douglas Avenue, is requesting an Appeal of the decision of the animal control officer that deemed her animals dangerous Royce Williams, Chief of Services, M.C.P.D. addressed the Board stating his status; introducing the two (2) animal control officers, Julie Holbrook and Natalie Howe; advising they are attempting to deem the two (2) dogs dangerous. Julie Holbrook, Animal Control addressed the Board regarding the history they have had with the two (2) dogs over the last few months; stating Animal Control is seeking euthanasia for Fraya. Discussion ensued between Virginia Keating and Ms. Holbrook regarding how many warnings the homeowners were issued. Ms. Holbrook responded that officially two (2) warnings were given. Discussion further ensued between Virginia Keating and Ms. Holbrook regarding the recommendation for Freya. Ms. Holbrook responded they are seeking euthanasia for Freya. Ms. Keating asked about Apollo’s recommendation. Ms. Holbrook responded for Apollo they will be putting restrictions on him; further explaining those restrictions. Ms. Keating asked about the monitoring of Apollo. Ms. Holbrook stated they will monitor him monthly. Julie Beadle, 411 Douglas Avenue addressed the Board explaining her situation. Joshua Bracken, 411 Douglas Avenue addressed the Board commenting on the dogs. Royce Williams, Chief of Services, M.C.P.D. addressed the Board further commenting on the matter. Corporate Counsel, Amber Lapaich addressed the Board explaining the Animal Control Orders that were issued. Regular Meeting – April 15, 2019 Page 11 Virginia Keating made the motion to uphold the decision in regards to Apollo by Animal Control; and it is subject to all of the conditions being met prior to Apollo being released. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion carries. Vice-President Murphy made the motion to take the matter regarding Freya under advisement and make their decision at the Special meeting on April 22, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: None ( ). Motion carries. ADJOURNMENT President Janus stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:55 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice-President Rich Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk