Ready to move on

DUNKIRK — Six and a half years after filing suit against Todd Building Group, the city is ready to move on.

Dunkirk City Council voted Monday to drop its lawsuit against Todd Building Group if it can reach a deal to sell the former Todd Opera House to a designated private investor.

Mayor Jack Robbins explained that private investors are interested in the building at 214 S. Main St.

The city has had a lengthy dispute over the building after developers Ray Willey and Bill Brown of Todd Building Group failed to meet deadlines that were part of an agreement that included $150,000 in local funding. (The city provided $75,000, with the other $75,000 from Dunkirk Industrial Development Corporation.) The two-year agreement called for Todd Building Group to renovate the former opera house and have two restaurants open by July 1, 2019. 

In March of that year, the developers told Dunkirk Industrial Development Corporation that they would not be able to meet the deadlines. Willey said at that time that Todd Building Group had spent $300,000 on renovations, with nearly $90,000 of that total coming from the city and Dunkirk Industrial Development Corporation.

"Bill and I are committed to seeing the project through," Willey said in March 2019. "We're not going to abandon the project or walk away from it.”

By April, the city and Dunkirk Industrial Development Corporation had filed a lawsuit to be released from their agreements with Todd Building Group and seek reimbursement of the $89,473.44 in loans that had been distributed to that point.

City attorney Wes Schemenaur and Robbins explained that the city is unlikely to see any of its money back from Todd Building Group. Schemenaur added that the lawsuit and lien give the city and Dunkirk Industrial Development Corporation leverage over the potential sale of the building. In order for the sale to go through, the lawsuit needs to be resolved.

“The goal would be get it developed and get somebody in there that’s going to contribute to the city,” said Schemenaur.

“I think it’s time to move on,” said Robbins, who voted against the loans as a council member at the time.

Council members Jesse Bivens, Christy Curts, Dan Watson, Donna Revolt and Randy Murphy voted unanimously to dismiss the lawsuit once a deal is in place for Todd Building Group to sell the building to a private investor. (Bivens also voted against the loans as a council member in 2017.)

Though Robbins indicated a private investor is interested in the property, the potential buyer was not identified during the meeting.

In other business, council:

•Heard an update from Jay County Development Corporation executive director Ceann Bales regarding work on in-fill housing. Jay County Commissioners on Monday approved donating 19 properties that have gone through multiple tax sales without being purchased. Schemenaur said it will take about four months to obtain the deeds. Bales added that she is continuing to work on a grant application to tear down the “green building” at 303 S. Main St.

•Was reminded by Schemenaur that a public hearing on annexation of about 10 acres on the south side of the city is planned for council’s Dec. 22 meeting. The land is being targeted for an apartment development.

•Learned from the mayor that the city’s plan commission met and discussed needs for updates to zoning ordinance.

•Briefly discussed where funds generated from permit fees from its right-of-way ordinance that was updated earlier this year should be deposited. Schemenaur suggested that council members think about where they would like to put those funds while clerk-treasurer Kara Lowe checks with the Indiana State Board of Accounts regarding its options.

•Approved the purchase of a valve exerciser for $9,743,73 from Utility Supply. Bivens also reported that a third of the city’s water meters have been replaced. Plans call for continued replacement over the next two years.

•Heard from revolt that new signs are being purchased for the city’s parks.

•Approved the following payment of $7,442.50 to Jones and Henry for engineering services related to the wastewater treatment plant and payment of $220,249.95 in claims.

•Received an update on plans to modify the city’s zoning ordinance. The city will be working with civil engineering and planning firm Abonmarche. A kickoff meeting will be held in December with the process expected to be complete in the spring.

•Heard from Watson that Engineering Resource Inc. has completed the city’s asset management plan for its streets. The plan is required in order to apply for Community Crossings grant funding through Indiana Department of Transportation.