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Town Council Meeting Minutes 2003

Meeting Minutes

01-16-2003 Town Council

January 16, 2003 Town Council Meeting Minutes

Ms. Aldridge opened the St. John Special Meeting at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Kristie Aldridge, President, Michael Forbes, Vice-President, Jerry Rudy, Member, Gregory Volk, Member, Steve Kil, Town Manager, David Wickland, Town Attorney and Sherry Sury, Secretary Pro-Tern. William Winterhaler was not in attendance.

Public Hearing on Tax Abatements

Mr. Wickland has proof of publication as return receipt cards from each of the entities that were sent a notice per the statute.

Mr. Rudy asked for a legal overview of the statutory tests and the procedure that should be conducted for this hearing. Mr. Wickland stated that of the 10 entities, 8 did not file proper forms by due date and were determined to be not in compliance. They were given notice to attend this meeting. Since the notice has been sent all but one has filed the appropriate documents as required by law. The documents do not necessarily have anything to do with compliance.

Mr. Wickland read the Statute and discussed substantial compliance. He also gave the definitions of substantial compliance as stated in Black’s Law Dictionary and Contract Treatus, both legal reference books. He also gave the State of Indiana's definition of substantial performance (see tape recording for details). He has reviewed the documents for all the entities and suggests the Council look at 3 areas to determine substantial compliance:

1. Was the building constructed as represented, what is the value;

2. How many employees are retained and future hiring; and

3. Salary of those employees.

The Council members then gave an overall review of the completed forms. Ms. Aldridge stated she has reviewed all the documents and found them in compliance. Mr. Forbes has problems with Rassel & Associates; all others are substantially compliant. Ms. Aldridge also has problems with Rassel & Associates; and feels the same way. Mr. Volk reviewed all the documents, Rassel & Associates is a concern. His main question is why no one has filed up to this point. Mr. Rudy has reviewed all the documents. He stated that depending on how they are counted the list shows ten, when there are actually 14 individual parcels. He has questions on almost all forms: filing dates, completion of the form, accuracy of data, there are number of cases where the forms are blank in areas that are required to be filled out. He made additional comments (reference tape recording) about compliance determination and the public hearing process. Mr. Wickland notified only those entities that did not file their forms; he was not aware the other entities were going to be reviewed at this meeting. There was discussion as to whether SJCT and Auburn Supply has filed.

S. B. Properties LTD - Mr. Donald E. Bates Jr. (Lot 6 and GA Industrial Park South)

Mr. Wickland confirmed proof of publication has been filed. Mr. Jim Wieser is counsel for all petitioners except Buchanan Warehouse. His understanding of the Statute is that a petitioner in non-compliance for failure to file appropriate forms is not a reason to conduct a public hearing. He believes non-compliance is when the property owner has not substantially complied with the Statement of Benefits; it has nothing to do with procedural aspects. He therefore objects to the hearing on behalf of the petitioners. However, because everyone is there they will continue.

With the exception of Rassel & Associates all the petitioners have substantially complied. Mr. Wieser explained problems with the Auditor's office when trying to file forms. Ms. Aldridge agrees that all entities have reasonably complied. Mr. Volk asked why 2002, 2001 and 2000 are all the same. Mr. Rudy disagrees with the statement that filing of the form is not necessary to determine compliance; he disagrees with the statement that the filing of the form is so ministerial that it has no effect. He expressed concern of how property value was determined and that the total number of workers is accurate. Ms Aldridge asked for a motion that S. B. Properties made a reasonable effort to comply. Mr. Forbes made the motion; seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

S. B. Properties LTD - Mr. Donald E. Bates Jr. (Lot 7, Industrial Park South)

Mr. Wickland confirmed proof of publication has been filed. Mr. Rudy questioned why the number of employees and salary information is identical to lots 6 & 6A. Mr. Bates stated that lots 6, 6A and 7 are a combined project. Ms Aldridge asked for a motion that S. B. Properties, Lot 7 made a reasonable effort to comply. Mr. Forbes made the motion; seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, nay; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

Buchanan Warehouse & Office - Mr. James Buchanan (Lot 13 Industrial Park North)

Mr. Wickland confirmed proof of publication has been filed. He has received all the necessary paperwork. There was no discussion. Mr. Forbes made a motion that Buchanan Warehouse & Office made a reasonable effort to comply, seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

St. John Professional Center - Mr. James Duffala (Lot 1. St. John Professional Center)

Mr. Wickland confirmed proof of publication has been filed. Discussion was held on the number of employees, demand for additional buildings and increase in building value (reference tape recording). Mr. Forbes made a motion that St. John Professional Center made a reasonable effort to comply seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

Meyers Development - Mr. Dennis Meyers (Lots A & B Meyers Development)

Mr. Wickland confirmed proof of publication has been filed. Discussion was held on the Statement of Benefit and discrepancies due to change of original tenant (reference tape recording). Mr. Forbes made a motion that Meyers Development made a reasonable effort to comply seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

Perm Industries - Mr. Lee Milazzo (Lots 4 & 5, Industrial Park South)

Mr. Wickland confirmed proof of publication has been filed. Clarified type of business and reason for minimal employee increase (reference tape recording). Mr. Forbes made a motion that Perm Industries made a reasonable effort to comply seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

J. L. Shandy Transportation Inc. - Mr. Jack Crotty (Lots 5 & 6 Ravenwood Business Center)

Mr. Wickland confirmed proof of publication has been filed. Mr. Volk asked about type of business and number of employees. The company hauls steel and other local commodities, majority of employees are on the road. Mr. Forbes made a motion that J. L Shandy Transportation made a reasonable effort to comply seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

Rassel & Associates - Mr. Gary Rassel (Lot 1, Industrial Park South)

Mr. Wickland confirmed proof of publication has been filed. Mr. Wieser asked for additional time to respond and comply due to serious illness in Mr. Rassel's family. The documents will be submitted in time for the January 27th council meeting. Mr. Rudy motioned that the hearing for Rassel Industries be continued until the January 27th Town Council meeting. Mr. Forbes seconded. Mr. Rassel does not need to attend the meeting if he is in compliance. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

St. John Chicago Tribune

Mr. Wickland stated that St. John Chicago Tribune was not notified of the public hearing. Discussed whether salary data is required if not included in Statement of Benefit (see tape recording). Mr. Forbes motioned that St. John Chicago Tribune is substantially compliant with the Statement of Benefits. Motion died due to lack of second. Mr. Forbes motioned that St. John Chicago Tribune made reasonable effort to substantially comply with the Statement of Benefits. Mr. Volk seconded. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

MLC Investments - Auburn Supply

Mr. Wickland stated that MLC was not notified of the public hearing. There was discussion about discrepancy of paperwork and if it was processed completely. Mr. Wickland has correct copies and will give to Mr. Kil who will copy Council members for discussion at the January 27, Council meeting. Mr. Forbes motioned that to table seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.

Mr. Forbes motioned to adjourn seconded by Mr. Rudy. Motion carried. The meeting adjourned at 8:30.

Attest:

---------------------------------------------
SHERRY SURY, Secretary Pro-Tem

01-27-2003 Town Council

January 27, 2003 Town Council Meeting Minutes

Ms. Aldridge opened the St. John Regular Town Council Meeting at 7 :00 P. M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Kristie Aldridge, President, Michael Forbes, Vice-President, Jerome Rudy, Member, William Winterhaler, Member, Gregory Volk, Member, Steve Kil, Town Manager, David Wickland, Town Attorney, and Sherry Sury, Clerk-Treasurer.

Approval of Minutes –

Mr. Wickland wanted to clarify his remarks on page 2 of the December 17, 2002, Special Meeting Minutes regarding the town recycling and waste contract. No action was taken by the Town Council, nor did his statement suggest the Council reject the old contract. His suggestion that by choosing to re-bid, the time simply expired under the terms of the contract for giving notice of the renewal; he believes the Town Council did not reject the right to renew, they merely waived it. Mr. Forbes motioned, seconded by Mr. Winterhaler that the minutes of the December 17, 2003 Special Meeting with the clarification by Mr. Wickland and the minutes of the December 26, 2002 Regular Meeting be approved. Motion carried.

Election of Officers –

Ms. Aldridge nominated Mr. Forbes for Town Council President; Mr. Volk nominated Mr. Rudy. A roll call vote was taken for Mr. Forbes: Ms. Aldridge, aye, Mr. Forbes, aye, Mr. Rudy, nay, Mr. Winterhaler, aye, Mr. Volk, nay. Ms. Aldridge turned the meeting over to Mr. Forbes. Mr. Forbes nominated Ms. Aldridge as Vice-President; Mr. Volk nominated Mr. Rudy for Vice-President. A roll call vote was taken for Ms. Aldridge: Ms. Aldridge, aye, Mr. Forbes, aye, Mr. Rudy, nay, Mr. Winterhaler, nay, Mr. Volk, nay. A roll call vote was taken for Mr. Rudy: Ms. Aldridge, nay, Mr. Forbes, nay, Mr. Rudy, aye, Mr. Winterhaler, aye, Mr. Volk, aye. Motion carried.

Appointments to various Boards and Commissions –

Ms. Aldridge motioned that all members of the St. John Town Council be appointed to the Redevelopment Commission, seconded by Mr. Winterhaler. Motion carried.

Mr. Rudy motioned, seconded by Mr. Winterhaler that Mr. Rudy, Mr. Tim Foley and Mr. Forbes be appointed to the Plan Commission for one year to positions designated for Town Officials. Motion carried.

Mr. Rudy motioned that Mr. Clarence Monix be appointed to the Board of Zoning Appeals for a four-year term, terminating December 31, 2006 subject to verification that his political affiliation conforms to the statutory requirement, if any is required. Mr. Winterhaler seconded. Motion carried.

Ms. Aldridge motioned that Mr. Patrick Philbin be appointed to the Park Board as the Republican Representative providing Mr. Philbin state his political affiliation. Motion seconded by Mr. Rudy. Motion carried.

Ms. Aldridge motioned, seconded by Mr. Winterhaler that Ms. Kathy Willman be appointed to the Planning Advisory Committee. Three ayes; Ms. Aldridge, Mr. Winterhaler, Mr. Forbes and two nays; Mr. Rudy and Mr. Volk. Motion carried.

Mr. Rudy motioned, seconded by Mr. Volk that Mr. Muenich be re-appointed to a three-year term on the Planning and Development Advisory Committee. Three ayes; Mr. Rudy, Mr. Volk, Mr. Winterhaler and two nays; Ms. Aldridge and Mr. Forbes. Motion carried.

Mr. Rudy motioned, seconded by Mr. Volk that Ms. Jerri Anne Teibel be appointed to a three-year term on the Police Commission ending December 31, 2005. Motion carried.

Mr. Rudy motioned, seconded by Ms. Aldridge, that Mr. William McCall be appointed to the Sanitary District for the unexpired portion of Mr. Clark’s commission, which expires on December 31, 2004. Motion carried.

Ms. Aldridge motioned that Mr. Michael Ippolito be appointed to the Sanitary District. Motion failed due to lack of a second. Mr. Rudy motioned, seconded by Mr. Volk, that Mr. Alex Monanteras be reappointed to a four-year term on the Sanitary District, which would end on December 31, 2006. Four ayes, and one nay by Ms. Aldridge. Motion carried.

Ms. Aldridge motioned, seconded by Mr. Rudy, that Mr. William McCall complete the remainder of Mr. Clark’s term on the Waterworks District. Motion carried.

Mr. Rudy motioned, seconded by Mr. Volk, that Mr. Alex Monanteras be re-appointed to a four-year term on the Waterworks District. Two ayes; Mr. Rudy, Mr. Volk and three nays; Mr. Forbes, Ms. Aldridge and Mr. Winterhaler. Motion failed. Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Mr. Michael Ippolito be appointed to the Waterworks District. Motion carried.

Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Mr. David Wickland be appointed Town Attorney for a one-year term. Three ayes; Mr. Forbes, Ms. Aldridge, Mr. Winterhaler and two nays; Mr. Rudy and Mr. Volk. Motion carried. Mr. Rudy motioned, seconded by Mr. Volk that the Town Council request competitive proposals from qualified legal firms to perform the legal services for the Town for the year 2003, with the exception of those boards and commissions that have an independent statutory authority to name their own attorney. Two ayes; Mr. Rudy, Mr. Volk and three nays; Mr. Forbes, Ms. Aldridge and Mr. Winterhaler.. Motion failed.

Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Mr. James Wieser be appointed Police Commission attorney. Three ayes and two nays; Mr. Rudy and Mr. Volk. Motion carried.

Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Mr. James Wieser be appointed as Utility Board attorney. Four ayes and one nay by Mr. Rudy. Motion carried.

Mr. Rudy motioned, seconded by Mr. Volk, that the Town Council seek competitive proposals from qualified engineering firms to provide engineering services to the Town of St. John. Two ayes; Mr. Rudy, Mr. Volk and three nays; Mr. Forbes, Ms. Aldridge, Mr. Winterhaler. Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Haas Engineering be retained as the Town Engineer. Three ayes and two nays; Mr. Rudy, Mr. Volk. Motion carried.

Appointments to various Boards and Commissions -

Mr. Forbes: Board of Zoning Appeals, Public Works Department, Lake County Solid Waste District; Ms. Aldridge: Park Board, Planning and Development Advisory Committee, Quad Town, and IACT; Mr. Rudy: Sanitary District, Waterworks District, and Fire Department; Mr. Winterhaler: Police Commission, Illiana Expressway Coalition; and Mr. Volk: Economic Development Commission, and NIRPC.

Mr. Rudy motioned, seconded by Mr. Winterhaler, that Mr. William Dodaro be appointed to the unexpired portion of Mr. Haller’s term on the Park Board, which expires on December 31, 2003 if Mr. Dodaro will accept such appointment. Motion carried.

Mr. Rudy motioned, seconded by Mr. Winterhaler, that Ms. Aldridge be appointed to represent the Town Council for the Quad Town Safety Village. Motion carried.

Review of Tax Abatement for Rassel & Associates –

Mr. Gary Rassel (Lot 1, Industrial Park South) – Discussion regarding the form CF-1. Ms. Aldridge motioned, Mr. Winterhaler seconded, that Rassel and Associates have made a reasonable effort to comply with their tax abatement. Motion carried.

Adoption of Ordinance #1278, amendment to master traffic ordinance, weight limit of trucks on streets –

Vehicles going to a work site and one-time delivery vehicles are exempt. Mr. Rudy motioned, seconded by Ms. Aldridge, that Ordinance 1278 be adopted on second reading, an ordinance establishing regulations for weight limits of vehicles on town streets. Motion carried.

VFW sponsored Proclamation claiming May 1st as “Loyalty Day”-

Mr. Forbes read Proclamation. Ms. Aldridge motioned, seconded by Mr. Volk, to approve Proclamation. Motion carried.

Approval of St. John Volunteer Fire Department 2003 Roster of Membership –

Ms. Aldridge motioned seconded by Mr. Winterhaler, to approve the St. John Volunteer Roster. Motion carried.

Consider Ordinance #1283, Amendment to Master Traffic Ordinance –

to add No Parking sign in Timberland. Mr. Rudy motioned, seconded by Ms. Aldridge, that the Council unanimously consider Ordinance #1283 that being a regulation of parking prohibitions on West 102nd Avenue. Motion carried. Mr. Rudy motioned seconded by Ms. Aldridge, that Ordinance #1283 be adopted on second reading. Motion carried.

Consider Attorney Fee Agreement for Calendar Year 2003 – Attorney Reed –

Mr. Rudy requested the restoration of terms from the last contract. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to accept amended agreement with itemization of specific litigation on invoices. Four ayes and one nay; Mr. Rudy. Motion carried.

Review “Requests for Proposals” for Municipal Campus –

Brief discussion regarding tax monies available in 2003. Mr. Rudy motioned, seconded by Mr. Winterhaler, that BSA Design Organization be awarded the future planning work based on their proposal of $7,500.00. Three ayes and two nays; Mr. Forbes, Ms. Aldridge. Motion carried.

Establish Public Hearing Date for Annexation of Malsch Property – Ordinance #1280 –

Notices have been sent out. Mr. Rudy motioned, seconded by Ms. Aldridge, that the March 27, 2003 date be approved as the public hearing date for the annexation of Malsch property. Motion carried.

Consider purchase order request for a Gateway 920 server -

Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the purchase of a replacement Gateway server not to exceed $3,200.00 as outlined in the January 10, 2003 memo from Tina Fletcher. Motion carried.

Letter of credit for Kilkenny Unit III – extension to February, 2004 ($8,800.00, favorable recommendation by Plan Commission) –

Mr. Rudy motioned, seconded by Mr. Winterhaler, for the approval of the letter of credit from Bank Calumet No. 2002-ILC-434 in the amount of $8,800.00 as signified in their December 31, 2002 letter. Motion carried.

Letter of credit for Carroll’s Addition – extension to January, 2004 ($7,200.00, favorable recommendation by Plan Commission) –

Mr. Rudy motioned, seconded by Ms. Aldridge, for the approval of the letter of credit No. 350 from Sand Ridge Bank dated January 29, 2003, for Carroll’s Addition in the amount of $7,200.00. Four ayes and one abstain; Mr. Winterhaler. Motion carried.

Consider “Hold Harmless Agreement” with Lake County Drainage Board for St. John Bike Trail –

Mr. Rudy motioned, seconded by Mr. Volk, to approve the indemnity agreement of the Lake County Drainage Board regarding maintenance to proposed bike trail as signified in the letter dated January 9, 2003, from Duneland Group. Motion carried.

Approval of MS4 Storm Water Committee – Community Questionnaire –

Discussion regarding need for mass mailing vs. random sample, and IDEM’s requirements. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to accept MS4 Storm Water Committee’s Community Questionnaire. Four ayes and one nay; Mr. Rudy. Motion carried. Ms. Aldridge amended motion, seconded by Mr. Winterhaler, that expenses should not exceed $800.00. Four ayes and one nay; Mr. Rudy. Motion carried.

Consider approval of annual “Tootsie Roll Drive” –

Police Chief Guzik agreed this would be acceptable. Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the request from the Knights of Columbus to have a Tootsie Roll Drive at Rt. 41 and 93rd Street based on the letter from Ronald Parent dated January 22, 2003. Motion carried.

Authorization to fill opening in Clerk-Treasurer’s Office –

Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the posting and advertising of the opening in the Clerk-Treasurer’s office, the position left vacant by Ms. Sury. Motion carried.

Reports and Correspondence – Town Council –

Mr. Rudy questioned progress of transfer of money for Animal Control cost with Dyer. He also asked about EMS billings and whether they would allow changes in the rate ordinance for payment plans, etc. Mr. Rudy asks that the amount due not be discounted or reduced pending a change in the ordinance. Council members are in agreement.

Reports and Correspondence - Clerk-Treasurer –

None.

Reports and Correspondence – Staff –

None.

Payment of Bills -

#7000 through #7146, in the amount of $528,770.64 for the Corporation; and #6000 through #6019, in the amount of $203,030.39 for the Sewer Utility – Mr. Rudy motioned, seconded by Ms. Aldridge, to pay #7000 through #7146 inclusive, and #6000 through #6019 inclusive. Motion carried.

Business from the Floor –

Mr. Joe Hero, 11723 South Oakridge warned the Council of the burden imposed on the community by hostile annexations. Mr. Richard DePirro, 9346 Hart Street thanked the Council for voting down Holland Trucking however, there are still problems with exhaust fumes and noise. He also questioned whether the Town has a plan for a potential West Nile virus this year. Mr. Forbes said Holland Trucking has 120 days to vacate; however, he plans to keep landscaping business there. St. John is hosting a mosquito abatement seminar for neighboring communities to address West Nile virus.

Adjournment –

Mr. Rudy motioned, seconded by Mr. Winterhaler, to adjourn. Motion carried.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-27-2003 Town Council

February 27, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Regular Town Council Meeting to order at 7:00 P.M.

FLAG CEREMONY –

Brownie Troop #136 – Brownie Troop #136 presented colors and led the Pledge of Allegiance. Mr. Forbes read the Girl Scout Proclamation. Motion to adopt the proclamation made by Mr. Winterhaler seconded by Mr. Rudy. Motion carried.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Approval of the minutes of the January 16, 2003 Special Meeting and of the January 27, 2003 Regular Meeting –

Mr. Rudy motioned seconded by Ms. Aldridge to accept the minutes subject to correction on page three of the January 27th regular meeting to show Mr. Rudy voted nay on the item “Consider Attorney Fee Agreement for Calendar Year 2003”; and, to correct the spelling of Mr. Forbes’ name on item “Review ‘Requests for Proposals’ for Municipal Campus”. Motion carried unanimously.

Review of Tax Abatement for Auburn Supply / M.L.C. Investments –

Mr. Wickland spoke with the company attorney, due to the economy the company has reduced employees. Short discussion regarding building value and impact of the economy. Mr. Winterhaler motioned seconded by Ms. Aldridge that Auburn Supply has reasonably complied with the terms of their tax abatement. Motion carried with 4 ayes; Mr. Rudy abstained due to lack of information.

Appointments to the Impact Fee Advisory Committee –

This committee has been formed to review the new Impact Fee, they will make a recommendation to the Plan Commission and then is disbanded. Mr. Rudy motioned seconded by Ms. Aldridge to make the following appointments to the Impact Fee Advisory Committee: Michael Forbes, Tim Foley, Rhuben Pittman, John Herr and Carol Biel. Motion passed unanimously.

Consider appointments to the Quad Town Safety Village – Town Council Liaison –

Ms. Aldridge has a scheduling conflict and cannot serve as the Town Council liaison. Mr. Forbes is willing to serve as liaison. Ms. Aldridge motioned seconded by Mr. Volk to appoint Michael Forbes as Town Council liaison to Quad Town Safety Village. Motion carried unanimously.

Consider appointments to the Quad Town Safety Village - Citizen Member –

Diane VanNoort and Debbie Astor of Quad Town Safety Village requested that Kathy Willman be appointed the citizen liaison. Mr. Volk raised a concern that Ms. Willman already has a town appointment and there are other citizens that would like an appointment to one of the town’s committees. Short discussion about the role of a citizen member on the Safety Village Executive Committee and the number of people that would like appointments. Mr. Winterhaler motioned seconded by Ms. Aldridge to appointment Kathy Willman as Citizen Member to the Quad Town Safety Village. Ayes: Mr. Forbes, Ms. Aldridge, Mr. Winterhaler, nay’s: Mr. Rudy and Mr. Volk. Motion carried.

Consider declaring old cellular communications equipment worthless and donating same to a “Women’s Shelter” in the name of the Town of St. John –

Mr. Rudy motioned seconded by Ms. Aldridge that 13 radios, 13 batteries and 13 charges plus antenna’s and car adapters be declared as worthless equipment and donate them to a women’s shelter in the area in the name of the Town of St. John. Motion carried unanimously.

Consideration and approval of attorney fee agreement for calendar year 2003 for attorney Ken Reed –

Ms. Aldridge motioned seconded by Mr. Winterhaler to approve the fee agreement for attorney Ken Reed for the calendar year 2003. Ayes: Mr. Forbes, Ms. Aldridge, Mr. Winterhaler, Mr. Volk, Nay: Mr. Rudy. Motion carried.

Consider approval of Grant of Right to Install Sewer Lines, grantee Sandra Jostes -
Consider approval of Grant of Right to Install Water Lines, grantee Sandra Jostes -

Mr. Rudy motioned seconded by Ms. Aldridge that the Jostes request for connection to sewer and water be remanded back to the Sanitary District for the purpose of setting a sunset provision of 12 months and to verify the required fee is paid. Motion carried unanimously.

Ordinance #1284, an Ordinance amending Ordinance #511, same being the Master Traffic Ordinance –

to add stop signs and three way stop signs to Heron Lake Unit 3. Mr. Rudy motioned seconded by Mr. Winterhaler that Ordinance #1284 amending Ordinance #511 be unanimously considered to add stop signs to Heron Lake Unit 3. Motion unanimously carried. Mr. Rudy motioned seconded by Ms. Aldridge to approve Ordinance #1284 amending Ordinance #511 providing for stop signs in Heron Lake Addition #3. Motion unanimously carried.

Approval of Invoice #1013 in the amount of $52,470.90 to the Town of Schererville related to the Wastewater Treatment Plant Expansion Project –

Mr. Rudy motioned seconded by Ms. Aldridge that Invoice #1013 from the Town of Schererville be approved for $52,470.90. Motion unanimously carried.

Consider refund of certain sewer capacity charges for Elmwood Chapel and Fagen-Miller Funeral Home (Favorable recommendation by Sanitary District) –

Mr. Rudy motioned seconded by Ms. Aldridge that the following refunds be approved based on the February 21, 2003 letter from the Clerk-Treasurer: $1,568.32 to Elmwood Chapel and $388.48 to Fagen-Miller Funeral Home for refunds to the sewage capacity charges paid. Motion unanimously approved.

Reports and Correspondence – Town Council –

Mr. Volk is concerned about proposed guardrail project on 93rd Avenue. Rails are too close to road, blunt end terminals look more dangerous than open ditch would be and residents concerned about appearance. He proposes a sub-terrainial plastic drainpipe installation and would like to proceed with a feasibility study.

Reports and Correspondence – Clerk-Treasurer –

Ms. Sury would like approval to pay the invoice for the depositions of Steve Kil and Jerry Rudy in the matter of St. John Redevelopment Commission vs. Storage Inn. Mr. Rudy motioned seconded by Ms. Aldridge to approve Invoice #1902 dated January 22, 2003, from Gay Dall, CSR & RJR in the amount of $290.70, monies to be taken from the General Fund. Motion unanimously carried.

Ms. Sury mentioned that at the Park Board Meeting held February 25th, a donation of $250 each was approved for two teams and asked what line item the donations should be charged to. Past donations have been $250.00 for each team. Discussion ensued as to the procedure from previous years including the donation by the Town Council last year. Ms. Sury will check to ascertain how the donations were made previously and if the Park Board cannot do this, the matter will be brought back to the Town Council.

Reports and Correspondence – Staff –

Mr. Kil has documentation from Ryan Company. They are proposing a commercial development behind the shrine. Will distribute information prior to the next study session. There will be a special Redevelopment Committee meeting on March 18th at 6:15 P.M. and the Town Council study session will begin at 7:30 P.M.

Payment of Bills –

Accounts Payable vouchers #7147 - #7312, in the amount of $577,103.02 for the Corporation and Accounts Payable vouchers #6020 - #6046, in the amount of $195,110.78 for the sewer utility – Mr. Rudy motioned seconded by Ms. Aldridge to approve vouchers #7147 through # 7312 inclusive and vouchers #6020 through #6046 inclusive. Motion unanimously carried.

Business from the floor –

Andy Perillo, 9225 Wicker Avenue, d/b/a Wholesale Auto Brokers – applied for a conditional (special) use variance. Mr. Forbes said the BZA made a positive approval at their meeting last night. There are 7 contingencies. Contingency #7 states this is not with the land, when the occupant leaves a new request must be made. Mr. Rudy motioned seconded by Mr. Winterhaler to approve the special use permit for Wholesale Auto Brokers at 9225 Wicker Avenue in conformance with the Board of Zoning appeals action in their meeting of February 26, 2003 including the seven contingencies attached to the finding of fact form. Motion unanimously carried.

Police Chief Guzik conducted a meeting Monday, February 24th, with the residents of Ventura Estates regarding off street parking. Recommendation to change parking times from 6:30 A.M. to 8:30 A.M and to issue parking permits for residents. Chief Guzik will write letter to Mr. Kil detailing proposed changes.

Tom Busch, 10178 Walsh, questioned his appointments on two boards, the Plan Commission and BZA. Would be willing to give up his appointment on the BZA and asked for direction. Mr. Kill will check this out.

Steve Hastings, 8740 Patterson, thanked the police for increased traffic control and mentioned the snowplows seemed to take a long time to get out and have damaged mailboxes, etc.

Adjournment –

Mr. Rudy motioned to adjourn seconded by Ms. Aldridge. Motion unanimously carried. Meeting adjourned at 8:30 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-27-2003 Town Council

March 27, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Regular Town Council Meeting to order at 7:01 P.M. Following the Pledge of Allegiance there was a moment of silence for the troops.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Approval of minutes of the February 27, 2003 Town Council meeting -

Mr. Rudy motioned, seconded by Ms. Aldridge to accept the minutes of the February 27, 2003 minutes as they are presented to the council. Motion unanimously passed.

Public Hearings

Community Development Block Grant – Y2003 –
Mr. Wickland confirmed the proofs of publication are in order. Mr. Forbes gave the opening remarks of what the grant is and the application process; the amount this year is $32,660. Public Comments: Mr. Joe Hero, 11723 S Oak Ridge Dr. recommends the money be used for storm drainage in front of the Dairy Queen on Rte. 41 and curbs for handicap access. Margaret Sabato, Executive Director of South Lake County Services, would like $3,000 allocated to their program, which provides transportation for St. John residents. Mr. Forbes read Resolution #03-03-27; referenced the Affirmative Action Program Implementation Section 3 and the Lake County, IN Section 3 Understanding. Short discussion regarding where the money can be spent. Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve and adopt Resolution #03-03-27 for Community Development Block Grant Funds applying the money to: $3,000 to South Lake County Community Services for fuel and the balance for handicap access for parks and handicap curb cuts as needed. Motion carried unanimously.
Consider Ordinance #1280, Malsch property / Naples Development annexation –
Mr. Wickland confirmed the proofs of publication are in order. Lake Central School Corporation does not want to be included in this annexation and may want their property considered for annexation in another 30 – 60 days. Mr. Michael Muenich, Attorney for Malsch family gave an overview of the property and the proposed development. Discussion ensued regarding public notice and the actual acreage to be annexed at this meeting. Mr. Rudy questioned the Lake Central property being surrounded by Town property. Lengthy discussion regarding separate properties and Sanitary/Water district ability to provide services to development, zoning and park area. Public Discussion – Mr. Joe Hero remonstrated against annexation because the advertisement was for entire area including school district; and the fiscal plan must take in the SD/WD interceptor; and R-1 zoning. Also the school’s separate annexation means they are hostile to this annexation and the community will lose an athletic facility. Mr. Ed Vargo, Lake Central School Board stated they want out of the annexation at this time. Mr. Hero stated there should be a moratorium on annexations until there is a park ordinance, where the developer gives land for a park. Further discussion by council regarding zoning. See tape recording incorporated by reference. Mr. Rudy suggested the annexation be discussed at the joint study session with SD/WD. He then motioned that the ordinance be tabled until the next Town Council meeting. Motion died due to no second. Ms. Aldridge motioned, seconded by Mr. Volk, to approve the annexation excluding Lake Central 40 acres, on R-1 zoning. Motion passed all ayes except one nay by Mr. Rudy.

Old Business

Consider application to install water and sewer lines for Petitioner: Sandra Jostes (Approved by Sanitary and Waterworks District Boards) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve and authorize the Town Council President to sign both the Grant of Right for Sewer Lines and the Grant of Right to Install Water Lines for Sandra Jostes as identified by the document signed by the Water and Sanitary Districts respectively. Motion carried unanimously.
Resolution #03-03-27A, expressing support of Smart Governance Alliance (Mission Statement Incorporated) –
Mr. Rudy motioned, seconded by Ms. Aldridge/Mr. Volk, that the Council approve and adopt Resolution #03-03-27A of Mission Statement of the Smart Governance Alliance. Motion carried unanimously.

New Business

Consider Ordinance #1285, the establishment of “Code of Ethics” for Town Officials –
Discussion regarding Section 7 political contribution covered by State law; gifts; and comparison to a resolution passed by Munster. Indiana University is making a model document for cities. Mr. Wickland advised that Section 7 regarding prohibition on accepting political contributions be deleted. Mr. Rudy motioned, seconded by Mr. Winterhaler, that the Council unanimously consider Ordinance #1285 establishing rules of conduct and ethics for town officials with the following amendments: striking in its entirety Section 7; adding in its entirety the two sentences from Section 11, Review of Resolution from the Munster resolution having to do with revisions every four years. Motion carried. Mr. Rudy motioned, seconded by Ms. Aldridge, to adopt Ordinance #1285 with the amendments in Section 7 and the review policy to be added at the end. Motion carried unanimously.
Consider Ordinance #1286, Mapping Fee Ordinance – Including Schedule of Fees –
Mr. Rudy motioned, seconded by Ms. Aldridge, that the Council unanimously consider Ordinance #1286, ordinance creating Electronic Map Generation Fund. Motion carried unanimously. Mr. Rudy motioned, seconded by Ms. Aldridge, to adopt Ordinance #1286, an ordinance to create a map generation fund. Motion carried unanimously.
Consider Ordinance #1287, Amendment to Parking Regulations for Ventura Estates –
Mr. Kil stated that Police Chief Guzik requested additional changes to the ordinance. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to table Ordinance #1287. Motion carried unanimously.
Consider Ordinance #1288, adopting Subdivision Control Ordinance (favorable recommendation from Plan Commission) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to unanimously consider Ordinance #1288; an ordinance amending the St. John Subdivision Control Ordinance as recommended by the Plan Commission. Motion carried unanimously. Mr. Rudy motioned, seconded by Ms. Aldridge; to adopt Ordinance #1288, an ordinance amending the St. John Subdivision Control Ordinance as recommended by the Plan Commission. Motion carried unanimously.
Consider Resolution #03-03-27B, supporting the Lake County Council in opposing reduction of Lake County’s portion of Riverboat Admission Tax –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve and adopt Resolution #03-03-27B, being a resolution of the Town of St. John opposing the reduction in the County and the Town’s portion of the Riverboat Gambling Admission Tax. Motion carried unanimously.
Consider Resolution #03-03-27C, approving Fiscal Plan of Kuiper Annexation request (121 acres at Joliet Street & Parrish Avenue) –
Petition has been withdrawn. No action required by Town Council.
Consider Resolution #03-03-27D, requesting State Board of Accounts approval for use of DataMed32 EMS Reporting Software –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve and adopt Resolution #03-03-27D, requesting the State Board of Accounts to approve the use of the DataMed32 EMS Software. Motion carried unanimously.
Consider Ordinance #1289, re-zone petition of Weston Ridge (Cottage Homes to Planned Unit Development (favorable recommendation from Plan Commission) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to unanimously consider and adopt Ordinance #1289, an ordinance amending Ordinance #845; and, specifically re-zoning a part of Weston Ridge from an R4 to a PUD as recommended by the Plan Commission. Motion carried unanimously.
Consider Ordinance #1290, re-zone petition of Weston Ridge from R-4 to R-2 Residential Development (favorable recommendation from Plan Commission) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to unanimously consider and adopt Ordinance #1290, an ordinance amending Ordinance #845, re-zoning a portion of Weston Ridge from R-4 to R-2 as recommended by the Plan Commission. Motion unanimously carried.
Consider proposed 2003 Road Project ($100,000.00 limit) –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to award the engineering services for the 2003 Road Project to Haas & Associates based on their proposal dated March 27, 2003. Motion carries unanimously.
Consider proposals submitted for Boundary Survey and Topographic Survey of Town property at West 93rd Avenue and Civic Drive ($3,000.00) –
Mr. Rudy said that the Town never said they would provide topographical survey; the Town did say they would provide a scaled plan for each site; however, the plan could not be found. He believes boundary survey is necessary and to decline the topographical survey unless the Town must do it. Mr. Rudy motioned, seconded by Ms. Aldridge, to award the creation of a Boundary Survey for the Town owned property in the amount of $1,400.00 as identified in the March 4, 2003 proposal from Plumb Tuckett and Associates. Motion carried unanimously.
Consider budget and date for 2003 Fireworks display –
Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve not to exceed $9,850.00 for the 2003 Fireworks display. Motion carried unanimously. Fireworks will take place Saturday, July 5th.
Girls Softball – consider assistance with regard to construction of storage building / concession stand at Heartland Park –
Girls Softball agreed to pay all material costs. Mr. Rudy would like more specifics on the plan: how much will material costs, cost to Town for labor, overall drawing of building. Mr. Tom Case from Girls Softball understood that the details were to be worked out with the Park Department. Mr. Rudy motioned, seconded by Mr. Winterhaler, to agree in principal to work jointly with the Girls Softball to construct a concession stand but withhold the signature on the agreement until 1) we get an agreement for the work, 2) a more detailed break down of the Public Works labor, 3) some drawings sufficient to build it to the expectations of Girls Softball, and 4) the full cost of the water tap is included. Motion carried unanimously.
Girls Softball – consider waiver of building permit fees of storage building / concession stand at Heartland Park –
water tap waiver must be done by Waterworks District. Mr. Rudy motioned, seconded by Ms. Aldridge, to waive the building permit fee for the Girls Softball concession stand in the maximum amount of $187.50. Motion carried unanimously.
Consider purchase of “Traffic Analyzer” (quotes submitted) –
Mr. Volk questioned where the money is coming from. 50% is from MVH budget and 50% from Police Department budget (from their special equipment fund). Both do not affect general fund. Mr. Rudy motioned, seconded by Ms. Aldridge; to approve the purchase of HI-STAR traffic data collection system in the amount not to exceed $4,304.00 based on the quote from the Hoosier Company Inc. dated February 25, 2003. Motion carried unanimously.
Consider request to purchase “Air Compressor” by Public Works Department along with maintenance agreement (quotes submitted) -
The cost will be split 25% each between the cable television fund, MVH motor equipment, Sanitary District, and Water District funds. Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve an amount not to exceed $5,341.50 for an Ingersoll Rand air compressor: one half of the cost will be from the MVH motor equipment fund and the cable television fund. Motion carried unanimously.
Consider team sponsorship for St. John Youth Baseball in the amount of $250.00 (approved by St. John Parks & Recreation Dept) –
Mr. Winterhaler motioned, seconded by Mr. Volk, to sponsor the St. John Youth Baseball for 2003 in the amount of $250.00. Motion carried unanimously.
Consider team sponsorship for St. John Girls Softball in the amount of $250.00 (approved by St. John Parks & Recreation Dept) –
Mr. Volk motioned, seconded by Ms. Aldridge, to contribute $250.00 to the St. John Girls Softball League. Motion carried unanimously.
Consider approval of Invoice #1014 for WWPT Capacity Project in the amount of $56,821.80 (approved at SD / WD 03/17/03 meeting) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve Invoice #1014 for the Town of Schererville in the amount of $56,821.80 for St. John’s share of the Wastewater Treatment Plant Capacity Project. Motion carried unanimously.
Consider appointment to Quad-Town Safety Village –
Mr. Forbes recommends Mr. Kenneth Gembala and received a letter from him accepting the position. Mr. Rudy motioned, seconded by Ms. Aldridge, to appoint Mr. Kenneth Gembala from the Town of St. John as a Citizen Board Member to the Quad-Town Safety Village. Motion carried unanimously.

Reports & Correspondence

Town Council –
Mr. Rudy - would like update on the Ice Arena project. Status consists of reimbursements due for utility bills etc. and payment from customers on outstanding bills. Mr. Wickland agreed to provide the update.

Ms. Aldridge – Park Board wants to know who pays electric bill. Mr. Rudy suggested the cost be split 50/50 Park Board / Town Council in 2003.

Mr. Forbes – expenditure request for Mr. Foley to attend Building Inspector Training, a two-day class held at the Munster Town Hall; tied in with SGA. to pay $150.00. Mr. Rudy motioned, seconded by Ms. Aldridge to approve the $150.00 training expense for Mr. Foley.

Mr. Forbes also mentioned the flyer circulating in St. John from the St. John Chamber of Commerce. They are looking for St. John families of the military (son, daughter, husband or wife) who are presently in the military. The St. John Chamber of Commerce will be honoring these families at a special Blue Star Service Dinner.

Mr. Forbes also stated that the Waterworks District Board has been approached to place antenna on top of our water towers; who should negotiate contract? Conclusion: both the Waterworks District Board and the Town Council should approve contract and split revenue; the Waterworks District Board should take the lead on negotiating the contracts.

Clerk-Treasurer –
Ms. Sury mentioned that the Park Board does not have enough money in their budget for the electric payment. They may need a temporary loan to be paid back at the end of the year. Cash Flow Analysis – will be an ongoing report; may need to make a temporary loan with the Town if the tax draw does not arrive.
Staff –
Mr. Kil has copy of maintenance agreement from Steven Campbell and Associates for the communication equipment at the Police Dept. The request to purchase is $2,190.00 for monitor and phone usage for their reporting. Mr. Rudy motioned, seconded by Ms. Aldridge, to approve an amount not to exceed $2,190.00 to Steven Campbell and Associates for the equipment maintenance based on their proposal dated March 10, 2003. Motion carried unanimously.

Payment of Bills -

#7313 through #7473 in the amount of $674,221.87 for the Corporation; #6047 through #6080, in the amount of $180,445.49 for the Sewer Utility – Mr. Rudy motioned, seconded by Mr. Winterhaler, to pay of vouchers #7313 through #7473; and vouchers #6047 through #6080. Motion carried unanimously.

Business from the Floor –

None.

Adjournment –

Mr. Rudy motioned, seconded by Mr. Winterhaler, to adjourn. Motion carried unanimously. Meeting adjourned at 9:22 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-24-2003 Town Council

April 24, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Regular Town Council Meeting to order at 7:03 P.M and led the Pledge of Allegiance.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Approval of minutes of the March 27, 2003 Town Council Regular meeting and April 10, 2003 Town Council Executive Session meeting -

Mr. Rudy motioned, seconded by Mr. Winterhaler, to accept the minutes of the March 27, 2003 regular meeting and the minutes of the April 10, 2003 Executive Session meeting as presented to the Council. Motion unanimously passed.

Old Business –

None.

New Business

Presentation of $1,000.00 donation from Wal-Mart to the Parks and Recreation Department –
Presented by Schererville Wal-Mart to purchase park equipment. Money is from employee bonus fund; the employees determine who will receive the donation. Mr. Rudy motioned, seconded by Ms. Aldridge, to accept the donation of $1,000.00 from Wal-Mart to purchase park equipment on behalf of the Town and the Parks and Recreation Department. Motion unanimously passed.
Consider Ordinance #1287, amendment to parking regulations for Ventura Estates -
Mr. Winterhaler motioned, seconded by Mr. Rudy, to unanimously consider Ordinance #1287. Motion carried. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to unanimously adopt Ordinance #1287. Motion carried.
Consider Ordinance #1291, amending Master Traffic Ordinance #511 –
Police Department agrees with amendment. Mr. Rudy motioned, seconded by Ms. Aldridge, to unanimously consider Ordinance #1291 amending Master Traffic Ordinance #511 for additional stop signs. Motion carried. Mr. Rudy motioned, seconded by Ms. Aldridge, to adopt Ordinance #1291, an ordinance amending Master Traffic Ordinance #511 allowing for stop signs in Schillton Hills. Motion unanimously carried.
Consider Ordinance #1292, amending Ordinance #1132 and Ordinance #1141 concerning “Fishing” regulations (clarification on “Fines”) –
Mr. Winterhaler motioned, seconded by Mr. Rudy and Mr. Volk, to unanimously consider Ordinance #1292. Motion carried. Mr. Winterhaler motioned, seconded by Mr. Volk, to unanimously adopt Ordinance #1292. Motion carried.
Consider Resolution #03-04-24A, appropriation of Police Special Revenue Fund ($100,000.00) –
Mr. Rudy motioned, seconded by Ms. Aldridge to approve and adopt Resolution #03-04-24A. Motion unanimously carried.
Consider Resolution #03-04-24B, requesting State Board of Accounts approval of “Request to Purchase” and “Travel Voucher” forms –
Mr. Rudy expressed concern about approving future revisions. Brief discussion followed. Mr. Rudy motioned, seconded by Ms. Aldridge, to approve and adopt Resolution #03-04-24B adopting forms, striking from Section I the phrase “along with any updates and revisions in the future.” Motion unanimously carried.
Consider Resolution #03-04-24C, adopting HIPAA Policies and Procedures Compliance Manual (with amendments) –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve and adopt Resolution #03-04-24C, adoption of the Health Insurance Portability and Accountability Act policy manual for the Town of St. John. Motion unanimously carried.

Mr. Rudy motioned, seconded by Ms. Aldridge, that the Town of St. John hereby appoints Mr. James Funk of the Town’s Fire Department EMS organization as the Town’s Privacy Officer with respect to the Health Insurance Portability and Accountability Act. Motion unanimously carried.

Consider request to use Municipal Building Meeting Room and Public Works Maintenance Building for polling place on May 6, 2003 –
Ms. Aldridge motioned, seconded by Mr. Winterhaler, that the Council approve the Municipal Building Meeting Room and the Public Works Maintenance Building for the polling place on May 6, 2003. Motion unanimously carried.
Consider the 2003 Quad-Town Safety Village annual contribution (in the amount of $2,000.00) –
Ms. Aldridge motioned, seconded by Mr. Volk, to give the Quad-Town Safety Village a contribution not to exceed $2,000.00. Motion unanimously carried.
Consider update of Comprehensive / Thoroughfare Plan (favorable recommendation from Plan Commission – not to exceed $65,000.00) –
Discussion about where Town will get money for study, breakdown of payments, professional plan vs. citizens group plan. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to table consideration of Comprehensive / Thoroughfare Plan until May 13th study session. Motion unanimously carried.
Consider reduction of Letter of Credit for Bramblewood – Unit I to $96,580.00 (favorable recommendation from Plan Commission) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve a reduction in the Letter of Credit for Bramblewood Unit I to a new total of $96,580.00 as recommended by the Plan Commission. Motion unanimously carried.
Consider reduction of Letter of Credit for Maginot Meadows – Unit I to $19,030.00 (favorable recommendation from Plan Commission) –
Mr. Winterhaler motioned, seconded by Mr. Rudy, to reduce the Letter of Credit for Maginot Meadows - Unit I to $19,030.00. Motion unanimously carried.
Consider Police Department request to submit application for “Bulletproof Vest Partnership Grant Program” –
Mr. Rudy motioned, seconded by Ms. Aldridge, that the Council give approval to the Police Department to file for and seek the grant for bulletproof vests as identified in the cover letter from Police Chief Guzik dated April 9, 2003. Motion unanimously carried.
Consider promotion of Officer Timothy Gardenhire from Patrolman 1st Class to Corporal (approved by Metropolitan Police Commission on April 10, 2003) –
Mr. Winterhaler motioned, seconded by Mr. Rudy, to promote Officer Timothy Gardenhire from Patrolman 1st Class to Corporal. Motion unanimously carried. Mr. Winterhaler amended motion to include date of promotion retroactive to April 10, 2003. Mr. Rudy seconded. Motion unanimously carried.
Consider promotion of Officer Dale Poston from Patrolman 1st Class to Corporal (approved by Metropolitan Police Commission on April 10, 2003) –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve the promotion to Corporal for Officer Dale Poston effective April 10, 2003. Motion unanimously carried.
Consider Maintenance Agreement for E.S.R.I. “annual” (in the amount of $3,450.00) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the invoice for maintenance agreement for the E.S.R.I. software in the total amount of $3,450.00. Motion unanimously carried.
Consider payment proposal of Babe Ruth Field lights at Heartland Park (50% from Town Council budget and 50% from Park Board budget) –
Ms. Aldridge stated Park Board did not receive funding for lights this year. Lengthy discussion ensued regarding cost of electricity, what the original agreement was, and budget constraints. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve an amount not to exceed $5,000.00 to the Park Board for the payment of the lights at Heartland Park. Three ayes: Ms. Aldridge, Mr. Winterhaler and Mr. Volk. Two nays: Mr. Rudy and Mr. Forbes. Motion carried.
Consider “Girls Softball Association Agreement” (regarding construction of storage / concession stand at Heartland Park) –
Mr. Kil stated Park Board has approved. Mr. Rudy expressed concern regarding changes in Public Works labor costs and the cost to put on the siding. He would like to set a “not to exceed amount.” Discussion followed. Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the agreement between the Town of St. John and the Girls Softball League to use the Public Works Department to provide labor to construct the storage shed with the requirement that before the Town Council President signs the agreement, Girls Softball must sign it first, followed by the Park Board: and, with the further agreement that the not to exceed amount spent by Public Works out of its budget is $5,000.00. Four ayes: Mr. Rudy, Ms. Aldridge, Mr. Volk, and Mr. Forbes. One nay: Mr. Winterhaler. Motion carried.
Authorization for Town Manager to sign “Employee Health Insurance and Property & Casualty Insurance” (Braman Agency proposal) –
Mr. Kil stated the changes to the plan have not been presented to the Town employees. He is waiting for material from the Braman Agency. Mr. Rudy motioned, seconded by Mr. Winterhaler, to authorize the change of the health care plan through United Health Care Plan to the new plan designated TP-N. Motion unanimously carried.
Consider “waiver of fees” for re-roof permit at 10606 White Oak Avenue (Town owned residence at Heartland Park) –
Mr. Rudy motioned, seconded by Ms. Aldridge, since the residence at 10606 White Oak Avenue is owned by the Park Department that the Town waive the $35.00 building permit fee to re-roof the home. Motion unanimously carried.
Consider 2003 Street Sweeping Contract proposals –
Mr. Pharazyn inspected the equipment; the low bidder has one sweeper being repaired and will not be available until the second or third week in May. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to accept Bob’s Affordable for street sweeping proposal for 2003 at $1,890.00 per sweep for a maximum of four sweeps. Motion unanimously carried.

Reports and correspondence

Town Council
Mr. Rudy - would like status from Town Attorney of letter from Mr. Jim Wieser, Attorney for Sanitary and Waterworks Districts, that he believed the Ethics Ordinance did not apply to him as they are separate commissions from the Town Council. Mr. Wickland stated that Mr. Kil would have his complete interpretation tomorrow.

Mr. Rudy - referenced legal notice published yesterday regarding annexation by the Town of Schererville whereas the legal description mentioned the Town of St. John. Mr. Wickland will clarify information.

Ms. Aldridge - stated that she has been receiving calls regarding the landscaping business and 120 day completion.

Mr. Volk - received call from resident that lives on Valley Drive in a Townhouse. He is concerned that the decorative walls are leaning.

Clerk-Treasurer
Ms. Sury would like the study session changed to May 13th. Mr. Winterhaler motioned, seconded by Mr. Rudy, to change study session to May 13th. Motion unanimously carried.

Ms. Sury would like approval for payment of $23.60 to Bank One for a credit charge by the Police Department to avoid late charges. The document was not received in time to process for the meeting. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve the payment of $23.60 to Bank One to avoid late charges. Motion unanimously carried.

Staff
Mr. Kil would like approval of Letter of Credit for Bramblewood. Mr. Rudy noted two amounts that are in error; however, the total amount is correct. Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the Letter of Credit 2003-IOC-475 for Bank Calumet dated April 22, 2003 with the following changes: Engineering Staking should read $12,834.00; page 2 the subtotal should read $970,934.40, page 3 contingency should read $98,565.60. Motion unanimously carried.

Mr. Kil brought the newsletter for review. Mr. Rudy went over some corrections that needed to be made for accuracy of information. Mr. Kil suggested a separate heading for Town Council news.

Payment of Bills -

#7474 through #7627 in the amount of $740,407.70 for the Corporation; #6081 through #6107, in the amount of $81,975.40 for the Sewer Utility – Mr. Rudy motioned, seconded by Mr. Winterhaler, to pay vouchers #7474 through #7627 inclusive; and vouchers #6081 through #6107 inclusive. Motion carried unanimously.

Business from the Floor –

Judy Companik, 9040 Columbia Ave., referred to the lights at the Babe Ruth Field and the concession stand. The consensus last year was the Park Departments budget was increased to cover the cost of electricity for lighting. Concerned that Park Department will depend on Town Council if the Council continues to say yes.

Mr. Hero, 11723 S. Oakridge, suggested that since newsletter is being sent out so close to the date of the election, the Council members should remove their names.

Adjournment –

Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adjourn. Motion carried unanimously. Meeting adjourned at 8:30 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

05-22-2003 Town Council

May 22, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Regular Town Council Meeting to order at 7:02 P.M and led the Pledge of Allegiance.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Approval of minutes of the April 24, 2003 Town Council Regular meeting -

Mr. Rudy motioned, seconded by Ms. Aldridge; to accept the minutes of the St. John Town Council meeting of April 24, 2003 as presented to the Council. Motion unanimously passed.

Old Business –

None.

New Business

Consider amendment to Ordinance #1285 “Ethics Ordinance” –
Discussion regarding two definitions of “town”; Mr. Rudy would like statement requesting independent contractors working for the Town to voluntarily waive the privilege of representing others before the Town while they are employed by the Town. Mr. Wickland believes it would be unlawful for this statement to be included. Mr. Rudy motioned to decline and deny the revised Ordinance #1285 as presented to the Council. Motion died due to lack of second. Ms. Aldridge motioned, seconded by Mr. Volk, to accept Ordinance #1285, the Ethics Ordinance, with the revisions that were placed in Section 2, striking Town; and Section 7, placing the semi-colon. Ayes: Mr. Forbes, Ms. Aldridge, Mr. Volk; Nays: Mr. Rudy and Mr. Winterhaler. Motion carries 3 – 2. The second reading of the ordinance will be next month.
Position Description for Town Manager’s Administrative Assistant –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve the Position Description for the Administrative Assistant to the Town Manager as presented to the Council. Ayes: Mr. Rudy, Ms. Aldridge, Mr. Winterhaler, Mr. Volk; Nay: Mr. Forbes. Motion carries 4 – 1.
Consider Ordinance #1295, Impact Fee Ordinance (favorable recommendation from Plan Commission – Resolution #PC 03-05-07) –
Mr. Rudy stated the language is retroactive to November 22, 2002; fees are not retroactive. Mr. Rudy motioned, seconded by Ms. Aldridge, that the Council unanimously consider on first reading Ordinance #1295, Replacement of the Impact Fee Ordinance. Motion unanimously passed. Mr. Rudy motioned, seconded by Ms. Aldridge, that the Council adopt on second reading Ordinance #1295, an ordinance replacing the Impact Fee Ordinance for the Town of St. John. Motion unanimously passed.
Consider Ordinance #1296, amending the Town of St. John Personnel Policy Manual, specifically for “Full-Time EMT’s / Firefighters” –
Mr. Rudy questioned why the ordinance states it’s an emergency ordinance. Mr. Kil will remove that wording. Mr. Rudy also questioned why the EMT’s and Firefighters would receive substantially more benefits than the other municipal employees. Mr. Kil states the benefits are based on the standard for 24-hour shift employees and is equal to the municipal employee’s benefits. Mr. Volk also does not understand the math involved in these calculations. Mr. Rudy motioned, seconded by Ms. Aldridge to table the consideration of Ordinance #1296 to the next study session. Motion unanimously carried.
Consider Resolution #03-05-22, a resolution concerning Year 2004, 2005 & 2006 of Community Development Block Grant (CDBG) monies –
Mr. Rudy motioned, seconded by Ms. Aldridge, that the Council approve and adopt Resolution #03-05-22 the Application of Community Development Activities including the Exhibit A attached, and to authorize the Town Council President to sign the agreement. Motion unanimously passed.
Consider Resolution #03-05-22A, a resolution appropriating the money related to the “Electronic Mapping Fees” –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve and adopt Resolution #03-05-22A, an appropriation of $10,000.00 for the Electronic Map Generation Fund. Motion unanimously passed.
Consider purchase of additional “Recycling Containers” (Carts - $30.40 / container x 500 = $15,200.00, delivery on or about June 12, 2003) –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to authorize the purchase of 500 recycling carts at a total cost with shipping of $30.40 each. Motion unanimously passed.
Authorization for Clerk-Treasurer to accept pension liability on behalf of St. John – P.E.R.F. –
Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Town Council to sign the resolution authorizing Sherry Sury as Clerk-Treasurer to accept pension liability on behalf of the Town of St. John for the Public Employees Retirement Fund. Motion unanimously passed.

Reports and correspondence

Town Council
Ms. Aldridge would like another Movie Night in June or July. The cost would be $1,420.00 without Attorney fees, which was a one-time fee. Mr. Rudy would like to delay until later in the summer until there is a better handle on the monies from the draws. Mr. Forbes sees no concern with monies being spent nor does Ms. Aldridge. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve the Movie Night for Saturday in the Park for an amount not to exceed $1,400.00 and to authorize the overtime for the Public Works and the Police Department to work there on Saturday, July 26th. Ayes: Mr. Forbes, Ms. Aldridge, Mr. Winterhaler, Mr. Volk; Nay: Mr. Rudy. Motion passed 4 – 1.

Ms. Aldridge - stated there was a problem on Election Night that there was campaign literature distributed in envelopes that was thrown on yards of residents. She would like to address this in the littering ordinance. This will discussed at the next study session.

Mr. Rudy - would like an inventory of all cell phones with serial numbers distributed to town employees. Cost of cell phones is increasing dramatically; cost is 40% higher than amount approved last May. Mr. Kil has started a spreadsheet that identifies what has caused the increase in cost.

Mr. Volk – SD/WD approved 60 sewer taps for the Olthof Development outside the town boundaries. Developer used agreement letter at County level; the County Plan Commission has denied the zoning request. The developer still needs to go before the County Council. He questions why the approval was not presented to the Town Council first. Mr. Rudy asked if this was a request to reserving taps or a right to connect. The longstanding practice is both boards must approve. He believes they should press for annexation first so the Town gets the full benefit. Mr. Volk stated the property is not contiguous to the Town and not able to be annexed. Mr. Rudy will draft a letter to SD/WD to ask that requests for sewer and water that are outside the town must go before the Town Council so they can consider annexation.

Mr. Volk - stated the Animal Shelter is in dire need of volunteers. He would like the Council to send a letter to community organizations and churches to find volunteers.

Ms. Aldridge - stated the VFW recognized Steve Kil as the “Man of the Year” last night.

Clerk-Treasurer
Ms. Sury - received an early advance from county in the amount of $235,000.
Staff
Mr. Kil - stated the Mad Bomber fireworks display will cost $7,500.00 and will be July 5th.

Payment of Bills -

#7628 through #7779 in the amount of $662,109.97 for the Corporation – Mr. Rudy motioned, seconded by Mr. Winterhaler, to pay of vouchers #7628 through #7779 inclusive for a total of $662,109.27. Motion unanimously passed.

Business from the Floor –

Patty Byars, 9111 Cline Avenue, Crown Point, IN – has copy of letter from SD/WD to Olthof Development. Concerned the development will be four-plexes, will be approved by the County Council and will become part of Town, as the same person owns the property contiguous to Town. Would like town to rescind approval of taps.

Joe Hero, 11723 S. Oakridge Drive – recommends the Town Council should pass a resolution right now to rescind the sewer taps for Olthof Development.

Tom Busch, 10178 Walsh – asked when the budget process begins and if the department heads present their budgets at the public hearing.

Adjournment –

Mr. Rudy motioned, seconded by Ms. Aldridge, to adjourn. Motion carried unanimously. Meeting adjourned at 8:15 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-26-2003 Town Council

June 26, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Regular Town Council Meeting to order at 7:00 P.M and led the Pledge of Allegiance.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Mr. Jerome Rudy was absent.

Approval of minutes of the May 22, 2003 Town Council Regular meeting -

Mr. Winterhaler motioned, seconded by Ms. Aldridge, to approve the minutes of May 22, 2003. Motion unanimously passed.

Presentation of:

*Commendation Letters to:
Sergeant Frank M. Chapranda, 25 years dedicated service
Officer Eric J. Andersen, D.A.R.E. & LCHS Liaison
Officer Steve Rudzinski, Traffic Safety & D.U.I. Taskforce

**Recognition of Upcoming Retirement on July 3, 2003:
Hermon Monix, dedicated public service since February 12, 1979

OLD BUSINESS

Consider Ordinance #1280, Malsch property annexation (with recommended contingencies made from 03-27-2003 meeting) –
this is second reading. Mr. Volk concerned about tap distribution; he would like each lot of new subdivisions to have a tap number assigned. Discussion followed regarding future tap availability. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adopt Ordinance #1280 annexing certain territories to the Town of St. John pursuant to provisions of IC 36-4-3. Three ayes and one nay by Mr. Volk. Motion carried.
Second Reading of Ordinance #1285 “Ethics Ordinance” –
Mr. Wickland handed out a new Ordinance #1303 which rescinds the Ethics Ordinance #1285. Ms. Aldridge motioned, to unanimously rescind Ethics Ordinance #1285. Ms. Aldridge changed the motion to approve Ordinance #1303 (which rescinds Ordinance #1285). Discussion followed regarding resignations from various boards due to conflict of interest sections. Mr. Winterhaler seconded the motion to approve Ordinance #1303. Three ayes and one nay by Mr. Volk. Motion carried.

NEW BUSINESS

Consider Ordinance #1294, Zoning During Annexation (favorable recommendation by Plan Commission) –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to consider on first reading Ordinance #1294. Motion unanimously carried. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adopt Ordinance #1294. Motion unanimously passed.
Consider Ordinance #1296, amending the Town Personnel Policy Manual, specifically for “Full-Time EMT’s/Firefighters” –
Mr. Volk motioned, seconded by Ms. Aldridge, to accept Ordinance #1296 Personnel Policy for unanimous consideration. Motion unanimously passed. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adopt Ordinance #1296. Motion unanimously passed.
Consider Ordinance #1297, procedure to “dispose of un-collectible ambulance bills” (only Medicare and Medicaid) –
Mr. Rudy sent a fax requesting that this item be tabled so he can present additional information. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to table Ordinance #1297. Motion unanimously passed.
Consider Ordinance #1298, an ordinance regulating Municipal Credit Card purchases –
Mr. Winterhaler motioned, seconded by Mr. Volk, to consider on first reading Ordinance #1298. Three ayes and one nay by Ms. Aldridge. Motion carried.
Consider Ordinance #1299, amending noise ordinance specifically for “Commercial Zoned Area” –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to consider on first reading Ordinance #1299, amending noise ordinance specifically for “Commercial Zoned Area”. Motion unanimously carried. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adopt Ordinance #1299. Motion unanimously carried.
Consider Ordinance #1300, St. John Master Zoning Map update (favorable recommendation by Plan Commission). –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to consider Ordinance #1300, St. John Master Zoning Map update. Motion unanimously carried. Mr. Volk motioned, seconded by Ms. Aldridge, to adopt Ordinance #1300, St. John Master Zoning Map. Motion unanimously carried.
Consider Ordinance #1301, which amends Ordinance #0731 concerning “Hazardous & Toxic Material Spills and Leaks” –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to consider Ordinance #1301, which amends Ordinance #0731 concerning “Hazardous & Toxic Material Spills and Leaks”. Motion unanimously passed. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adopt Ordinance #1301. Motion unanimously passed.
Consider Ordinance #1302, specifically concerned “littering” (other than that addressed through “traffic regulations”) –
Mr. Volk asked Mr. Wickland to define “receptacle” in Section 2; and expressed concern that political campaign literature is specifically mentioned. Discussion followed. Delete “political campaign” from Section 2. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to consider Ordinance #1302, specifically concerning littering and amended Section 2 to exclude the words “political campaign”. Motion unanimously passed. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adopt Ordinance #1302, specifically concerning “littering”. Motioned unanimously passed.
Consider Town assistance with the annual St. John the Evangelist Parish Festival (July 17 through July 20, 2003) –
requesting the use of as many picnic tables as possible, making School Street one-way, spraying for mosquitoes, and allowing re-cycling dumpsters to be stored behind the Public Works Building during the festival. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to assist the St. John the Evangelist Parish Festival July 17 through July 20, 2003 consistent with the letter dated May 7, 2003. Motion unanimously passed.
Consider Tower Lease Agreement with “T-Mobile” –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to approve the Lease Agreement with Option between St. John Park and Recreation Board, Voice Stream GSM I Operating Company LLC and the Town of St. John; contingent upon the attorneys review and approval; and Public Works final engineering review. Revenue will be split one third each between the Town, Water Utility and Park Board. Motion unanimously passed.
Consider reduced Letter of Credit for Sierra Pointe – Unit II for $27,600.00 (favorable recommendation by Plan Commission) –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to consider the reduced Letter of Credit for Sierra Pointe issued by MB Financial Bank in the amount of $27,600.00. Motion unanimously passed.
Consider reduced Letter of Credit for Maginot Meadows – Unit I for $19,030.00 (favorable recommendation by Plan Commission) –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to consider the reduced Letter of Credit for Maginot Meadows – Unit I by MB Financial Bank to $19,030.00. Motion unanimously passed.
Consider NIRPC expansion (HEA 1010) –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to appoint Mr. Rudy to the NIRPC Board. Motion unanimously passed.
Consider request to purchase by Fire Department for Washer & Dryer Unit (for fire department gear only) –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to approve the request to purchase washer and dryer machines from Nason’s in Crown Point in the amount of $1,668.00. Units will be paid from the Cumulative Fire. Motion unanimously passed.
Consider improvements to the Fire Department “ventilation system” –
Mr. Winterhaler motioned, seconded by Aldridge, to approve the award to Environmental Controls Inc, in the amount of $14,975.00 for improvement to the ventilation system at the Fire Station. Improvements will be paid from the Cumulative Fire. Motion unanimously passed.
Consider “Fuel Station” upgrade –
Recommendation by State Board of Accounts. Fuel pumps consistently have shortages, proposed system tracks usage by key and pin number. Discussion followed. Cost to be split by Fire/Police and MVH. Ms. Aldridge motioned to approve the purchase of the Fuel Station Upgrade in an amount not to exceed $10,000.00. Motion died due to lack of a second. Ms. Aldridge motioned, seconded by Mr. Winterhaler to table for next study session. Three ayes and one nay by Mr. Forbes. Motion carried.
Consider authorization for Town Council President to sign “S.T.O.P. Initiative Grant” (Lake Central School Corporation) –
Mr. Winterhaler motioned, seconded by Mr. Volk, to approve the authorization for the Town Council President to sign the S.T.O.P. Initiative Grant. Motion unanimously passed.
Consider repairs to the police station with regards to the roof and tuck-pointing the mortar to the building –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to table. Motion unanimously passed.
Consider Grant of Right to install sewer and water lines (Kenneth and Luanne Bloos of 8472 Patterson Street) –
Mr. Volk motioned, seconded by Mr. Winterhaler, to approve the Grant of Right to Install Sewer and Water lines and Waiver of Right to Remonstrate Against Annexation to Kenneth and Luanne Bloos. Motion unanimously passed.

REPORTS AND CORRESPONDENCE

Town Council
Mr. Forbes – Request from Mr. Pharazyn to promote Gerry Kudzia from Class III to Class II Clerk. Mr. Winterhaler motioned, seconded by Ms. Aldridge to promote Gerry Kudzia from Class III to Class II Clerk, which carries a pay raise of .47 per hour or a rate of $10.50 per hour. Promotion effective the next pay period. Motion unanimously passed.

Mr. Forbes – Request from Mr. Pharazyn to promote Bob Davis from Class II to Foreman. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve the promotion for the Public Works Employee Bob Davis to General Foreman for the Public Works Department; and to have Mr. Wickland amend the salary ordinance accordingly. Promotion effective the next pay period. Motion unanimously passed.

Mr. Forbes would like to attend IACT Convention as well as Mr. Kil and Mr. Pharazyn. Ms. Aldridge would also like to attend as liaison to the IACT. Discussion ensued.

Mr. Forbes would like to schedule special meeting prior to next study session to open bids for the road project. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to schedule a special meeting on July 15th at 7 p.m. Motion unanimously passed.

Ms. Aldridge – would like to discuss title changes for Clerk-Treasurer employees and a drive up drop box for water bills at the next study session.

Mr. Winterhaler – asked if water bills could be by automatic debit. Ms. Sury stated this would not result in time saved by the Clerk-Treasurer’s staff as the same steps to process payments must be taken. It would be difficult to implement at this time due to computer system constraints.

Ms. Aldridge stated the baseball field is almost complete. She would like to have a ribbon cutting ceremony. Discussion followed; tournament is going on now, baseball season is almost over.

Mr. Volk – asked for status on the letter to SD WD regarding joint meeting. Mr. Wickland spoke with Mr. Wieser who said a letter is forth coming.

Clerk-Treasurer –
None.
Staff –
None. Ms. Aldridge – needs bleachers at (Heartland Park) the new baseball field. Cost would be $10,000.00; will check condition of bleachers at East Park and determine if they can be moved.

Mr. Forbes – there is a need for no parking signs at the baseball field.

Ms. Aldridge – would like lights at baseball field left on until all the cars have left the park.

Payment of Bills -

#7780 through #7969 in the amount of $887,264.73 for the Corporation – Mr. Winterhaler motioned, seconded by Mr. Volk, the payment of bills #7780 through #7969 in the amount of $887,264.73. Three ayes and one nay by Ms. Aldridge. Motion carried.

Business from the Floor –

Mr. Joseph Hero, 11723 S Oakridge Dr. – Remonstrated against Ordinance #1302, blocks free speech.

Jerry Furman, 12006 Hedwig – needs concession stand, batter’s box and scorer’s box for boys’ baseball at Heartland Park for participation in state tournaments.

Patty Byars, 9111 Cline Av.- regarding letter rescinding Olthof development.

Adjournment –

Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adjourn. Motion carried unanimously. Meeting adjourned at 8:40 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-15-2003 Town Council

July 15, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Special Town Council Meeting to order at 7:01 P.M and led the Pledge of Allegiance.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; John Reed for David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Kristie Aldridge and David Wickland were absent.

Bid Opening for 2003 Street Resurfacing Project

Ms. Sury stated that four bid packages were picked up and three have been returned.

Mr. Reed read the bid amounts. The bids were submitted with an amount for each street.

ContractorRavenwood DriveColumbia Drive & 93rd AveSnowberry Lane
Rieth Riley$41,380.85$10,061.88$77,767.27
Walsh & Kelly$49,346.00$18,175.67$67,297.80
Gallagher Asphalt$54,195.00$15,586.86$128,147.07

All contractors have a 5% bid bond with no dollar amount.

Mr. Rudy motioned, seconded by Mr. Winterhaler, to take the bids under advisement. Motion unanimously passed.

Consider the “Woods” of Weston Ridge – Letter of Credit in the amount of $270,616.50 –

This has favorable recommendation from Plan Commission. Mr. Kil stated that he has a signed copy from the bank. Mr. Rudy motioned, seconded by Mr. Volk, to approve the irrevocable Letter of Credit number CL7234LC in the amount of $270,616.50 dated July 2, 2003 from Peoples Bank for the “Woods” of Weston Ridge. Motion unanimously passed.

Consider Heron Lake – Unit 4 (Phase I) – Letter of Credit in the amount of $135,239.50 –

Mr. Kil stated he does not have a signed copy from the bank. Mr. Winterhaler motioned, seconded by Mr. Rudy, to table. Motion unanimously passed.

Consider Heron Lake – Unit 2 – Letter of Credit in the amount of $87,439.00 –

This has favorable recommendation from Plan Commission. Mr. Kil stated that he has a signed copy from the bank. Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve the Letter of Credit number MNB number 2044 in the amount of $87,439.00 from the Mercantile Bank dated July 2, 2003 for Heron Park Estates. Motion unanimously passed.

Adjournment –

Mr. Rudy motioned, seconded by Mr. Winterhaler, to adjourn. Motion carried unanimously. Meeting adjourned at 7:15 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-24-2003 Town Council

July 24, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Regular Town Council Meeting to order at 7:03 P.M and led the Pledge of Allegiance.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Approval of minutes of the June 17, 2003 Executive and June 26, 2003 Town Council Regular meeting -

Mr. Winterhaler motioned, seconded by Ms. Aldridge; to approve the minutes of June 17 and June 26, 2003. Motion carried 4 to 1. Mr. Rudy abstained as he was absent from both meetings.

Presentation of:

*Recognition of Eagle Scout – Kenneth Thomas Banaszak
Mr. Banaszak was unable to attend; Mr. Forbes read the letter of recognition.

**Loyalty Day Parade Presentation by VFW Post #717
Mr. Gene Kijanowski, District Commander; parade received First Place in the State of Indiana. He presented plaque to Mr. Forbes.

Old Business

Consider Ordinance #1303, rescinding Ordinance #1285 (Ethics Ordinance) – second reading –
Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve Ordinance #1303, rescinding Ordinance #1285 the Ethics Ordinance on the second reading. Mr. Rudy stated there are two items truly in error: The second recital says: “whereas, the Town Council has been required to amend said Ordinance in several respects”. That is not true, the Ordinance as it stands was adopted on March 27th. One amendment was offered with first reading only. There has never been another one but that. To say that it is required to be amended in several respects is in error. The third recital also indicates that the Council finds that this Ordinance has caused considerable turmoil and uncertainty among members of the various boards and commissions with the Town and has been unwieldy. That is also patently false. They have heard of one person who resigned who for fear of not being in compliance at some point in the future. He feels this is also in error. Ms. Aldridge stated that a couple of individuals on other boards brought it up to her. As liaison, she brought it up to the Council. Roll Call Vote: Mr. Rudy, no; Ms. Aldridge, yes; Mr. Winterhaler, yes; Mr. Volk, no; Mr. Forbes, yes. Motion carried 3 to 2. Ms. Aldridge would like rewriting to occur as soon as they can.
Consider Ordinance #1285, amendment of “Ethics Ordinance” – second reading – removed from the agenda.
Mr. Wickland stated that the prior action (Item A - above) rescinds any prior Ethics Ordinance.

Mr. Rudy asked that in the future, they follow the long standing practice of the Council, that if an ordinance is to be offered for consideration at a public meeting, that the ordinance number and name be actually listed on the agenda which was not done with Ordinance #1303 last month. It was just handed out at the meeting and the public was not aware that this Council was considering rescinding the ordinance by the agenda that was published. He also asked that they in good faith always list the agenda item rather than bringing it up as a surprise.

New Business

Consider Ordinance #1297, procedure to “dispose of uncollectible Ambulance bills” –
Mr. Rudy spoke with Social Security Administration and shared his findings of how Medicare determines payment. He is concerned we are writing off bills that have not gone through the Medicare / secondary insurance process. Mr. Wickland stated this Ordinance is in response to the State Board of Accounts’ concern of how the Town handles bad debt. He recommends they receive the Social Security Administration’s procedure in writing and recommend changing the sentence after the bold face in section G of the ordinance. Mr. Kil stated there have been no bad debt write offs to date. Mr. Volk also received information from SSA regarding a MediGap Program. Discussion followed. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to table Ordinance #1297 to August study session. Motion unanimously passed.
Consider Ordinance #1298, an ordinance regulating Municipal Credit Card purchases (second reading) –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to modify the second resolution of Ordinance #1298 which would begin with the following language: “Be it further ordained, that a maximum number of five (5) Town of St. John credit cards shall be obtained by the Town Manager for the use of all Town employees and officials” and the balance of the resolution and paragraph remain intact. Four ayes and one nay by Ms. Aldridge. Motion to amend carried.

Mr. Rudy motioned, seconded by Mr. Winterhaler, to adopt Ordinance #1298 on second reading with amendment just read in prior motion. Four ayes and one nay by Ms. Aldridge. Motion to adopt carries.

Consider Resolution #03-07-24A, providing for the additional appropriation of various funds (Hazardous Material Response) –
Mr. Rudy motioned, seconded by Mr. Volk, to approve and adopt Resolution #03-07-24A appropriated funds for the purposes of Hazardous Materials Response. Motion unanimously passed.
Consider Heron Lake – Unit 4 (Phase I) – Letter of Credit in the Amount of $135,239.50 (favorable recommendation by Plan Commission) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the irrevocable Letter of Credit #2003-ILC-486 written by Bank Calumet for a total of $135,239.50 for Heron Lake – Unit 4 (Phase I). Motion unanimously passed.
Consider Novo Selo – Letter of Credit in the amount of $75,000.00 (favorable recommendation by Plan Commission) –
Ms. Aldridge motioned, seconded by Mr. Volk, to approve the Letter of Credit in the amount of $75,000.00 for Novo Selo with the favorable recommendation from the Plan Commission. Motion unanimously passed.
Review of Recycling / Waste Specifications –
Mr. Kil reviewed the specifications. Discussion followed regarding yard waste. Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the publication of the legal notice requesting bids for the Town’s waste haul and recyclable program subject to the amendments discussed tonight under yard waste, service required of contractor, standards of service, roll off container, public facilities, and special refuse and amnesty days. Motion unanimously passed.
Consider authorization for the Police Department to hire a part-time secretary –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the hiring of Annette Hanusin as a part time secretary for the St. John Police Department averaging three days a week. Motion unanimously passed.
Consider request from the Public Works Department to purchase two (2) vehicles –
Mr. Kil would like to table until August 19th study session. He has received a response from Ford but has not received a response from Chevy or GMC yet. He would like to consider all the big manufacturers. Ms. Aldridge requested quotes for different vehicles; she also suggested the Council look at who will be using the vehicles. Vehicles being replaced will be traded in. Mr. Rudy motioned, seconded by Ms. Aldridge, to table consideration of the Public Works vehicle replacement to the August study session. Motion unanimously passed.
Consider authorization to Public Works Department to hire an Employee (replace retiree – Herman Monix) –
Mr. Kil has conducted the second interviews and has requested that Mr. Pharazyn present two new people. It did not go that well and his is not ready to recommend anyone. He would like to table for August 19th study session. Mr. Rudy motioned, seconded by Mr. Aldridge, to table the authorization to hire a replacement Public Works employee to the August study session. Motion unanimously passed.

Reports and correspondence

Town Council
Mr. Rudy will be unable to attend the meetings of the N.I.R.P.C. and cannot accept the appointment. Mr. Volk has accepted the appointment until the end of the year. Mr. Rudy motioned, seconded by Ms. Aldridge, to appoint Mr. Gregory Volk to be the Town of St. John’s representative on the new, expanded Northwest Indiana Regional Planning Commission. Motion unanimously passed.

Mr. Rudy – Plan Commission has asked to meet in a joint study session with Town Council regarding the Comprehensive Plan. He will send a letter to Plan Commission members to see if they can attend the joint August 19th study session.

Mr. Rudy – Regarding the proposal from Kencorp some months ago for a smaller suit they were involved in; Mr. Rudy motioned, seconded by Ms. Aldridge, that the Council formally decline Kencorps’ proposal to acquire any FF&E assets the Town has at the Ice Arena as evidenced in their letters of February and March of this year. Motion unanimously passed.

Mr. Rudy – Suggested the Council move forward to request bids for the Town owned assets at the Ice Arena. Mr. Forbes concerned that contract with new owner includes right of first refusal to purchase items. Does the last motion conflict with that? Mr. Wickland will check. Mr. Rudy motioned, seconded by Mr. Winterhaler, that the Council authorize the publication of the legal notice requesting bids for the Town owned assets at the Ice Arena so long as such publication does not conflict with court approved settlement agreement. Mr. Rudy amended the motion to include that the bids are for the entire block of the inventory list. Motion unanimously passed.

Ms. Aldridge – Announced that the Park Board will have Movie Night in September and stated why she wanted to have the Highland Concert Band perform in St. John. Also, would like to have a way to tell why the alarm system in town is ringing; car accident, tornado, etc.

Clerk-Treasurer
Fire Services Contract – St. John Township Trustee, St. John Fire Department and Town of St. John . Need to execute contract, so money can be secured tomorrow. Mr. Rudy would like to table for August study session.

Mr. Forbes mentioned he would like to hold a special meeting before the August study session to award the 2003 street resurfacing contract.

Mr. Rudy motioned, seconded by Mr. Volk, to hold a special meeting prior to the August 19th study session at 7 P.M. for the following two purposes: 1) to award the 2003 street resurfacing contract; and 2) to consider approval of the contract with the St. John Township Trustee for fire service. Motion unanimously passed.

Staff
Mr. Kil – Mosquito abatement – would like to know whether he should purchase additional barrels of insecticide. Mr. Rudy motioned, seconded by Ms. Aldridge, to purchase two additional drums of mosquito repellant for the Mosquito Abatement Program. Motion unanimously passed.

Mr. Kil – Flooding on Rt. 41, he believes this was caused exclusively by the construction project on Rt. 41. He would like Council’s authorization to proceed with reimbursement from INDOT. Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Town Manager to collect and submit a detailed claim to the appropriate State of Indiana agencies for reimbursement to the Town for it’s extraordinary costs related to flood control on U.S. 41 and other parts of the Town. Motion unanimously passed.

Payment of Bills -

#7970 through #8146 in the amount of $563,601.25 for the Corporation – Mr. Rudy motioned, seconded by Mr. Winterhaler, to authorize payment of vouchers #7970 through #8146 in the total amount of $563,601.25. Motion unanimously passed.

Business from the Floor –

J Thiel, 9490 Keilman – asked about the placement of the flag in the meeting. Mr. Kil stated it was moved for a previous meeting and not put back in place.

Ron DeRosa, 9601 Oakridge – asked if the Town Council voted against another movie night? Mr. Rudy stated it was not voted on, it was discussed in a study session. Mr. DeRosa is concerned the Park Board is over budget, the Council gives them more money, yet they are paying for a Movie Night. Ms. Aldridge responded to his concerns.

Adjournment –

Mr. Rudy motioned, seconded by Ms. Aldridge, to adjourn. Motion unanimously passed. Meeting adjourned at 8:40 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-19-2003 Joint Town Council and Plan Commission

August 19, 2003 Town Council & Plan Commission Joint Study Session Meeting Minutes

Mr. Rudy opened the St. John Town Council and Plan Commission Joint Study Session at 7:17 P.M.

The following Town Council members were present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge; William Winterhaler; and Gregory Volk. Also present were Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Plan Commission members present: Tom Busch; Dennis Wilson; Tim Foley and Charles Sawyer. Michael Ryan was absent. Mr. Forbes and Mr. Rudy serve on both the Town Council and Plan Commission.

Discussion of Comprehensive Plan – Consider employing the firm of Edwards & Kelcey, Inc.

Mr. Rudy excused himself from discussion as a Town Council member and spoke as the President of the Plan Commission.

Mr. Rudy gave a brief introduction of the Plan Commission’s perspective – The Planning and Development Advisory Committee approached the Town Council and the Plan Commission in how they might go about re-writing the Town’s Comprehensive Plan including a Thoroughfare plan. The Planning and Development Advisory Committee made a recommendation to the Plan Commission that Edwards and Kelcey be hired. The intent of this study session is to determine what body of work should be done, the time frame to do it and the anticipated costs. The plan will include town limits and may comment on potential annexation activity, which would help determine future zoning and planning. The work by Edwards and Kelcey would take about seven months; with 2-3 months occurring in 2003.

Discussion of availability of tax draw money; how this plan would affect the zoning ordinance; and the timing of the zoning ordinance update. Questions arose regarding the legal requirement of the Comprehensive Plan; and extensive comments on multi-family homes and PUD’s. Discussion of how the plan gathers data and citizen input.

Mr. Forbes stated this item would be on the agenda at the next Town Council meeting.

The study session adjourned at 8:18 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-19-2003 Town Council

August 19, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Special Town Council Meeting to order at 7:05 P.M and led the Pledge of Allegiance.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Award of 2003 Street Resurfacing Project –

Mr. Forbes stated that if 93rd and Columbia is repaired, Mr. Pharazyn would like additional monies to include storm sewer repair. Mr. Kil would like to add 10% over the bid amount to cover storm sewer repairs/upgrades. Mr. Volk questioned the discrepancy in the number of manholes in the two bids. Mr. Rudy motioned, seconded by Ms. Aldridge, to award the contract for street drainage and reconstruction at the intersection of Columbia and 93rd Avenue to Snow-N-Son in the amount not to exceed $9,900.00 as stated in their proposal and so long as the proposed work wholly conforms to the drawing by Haas & Associates dated May 14, 2003. Motion unanimously passed.

Mr. Rudy motioned, seconded by Mr. Winterhaler, to award the 2003 Street Resurfacing Project to Rieth Riley Construction in the amount not to exceed $129,171.40 as stated in their bid and according to the recommendation letter from Haas & Associates dated July 29, 2003. Motion unanimously passed.

Contract approval – St. John Township Trustees’ Office for Fire Protection Services –

Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the contract between the Town of St. John Volunteer Fire Department and the St. John Township Trustees’ Office for fire services. Motion unanimously passed.

Adjournment –

Mr. Rudy motioned, seconded by Ms Aldridge, to adjourn. Motion carried unanimously. Meeting adjourned at 7:15 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-28-2003 Town Council Budget Hearing

August 28, 2003 Town Council 2004 Budget Public Hearing

Mr. Forbes opened the St. John Town Council 2004 Budget Public Hearing at 7:04 P.M and led the Pledge of Allegiance. The following Town Council members were present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Mr. Wickland stated that the proofs of publication were in order for both newspapers.

Reading of the Budget Estimates –

Mr. Forbes read the budget estimates for the following funds: General, Metropolitan Police Pension, Local Road & Street, Motor Vehicle Highway, Cumulative Fire Special, Parks & Recreation, Park Department Bond & Interest, Cumulative Capital Improvement, Cumulative Capital Development, Cumulative Sewer, Economic Development Commission, Electronic Map Generation, HazMat Response, Law Enforcement Continuing Education, Solid Waste Operating, PD Special Revenue, CATV Franchise Fees, Riverboat Revenue, Ambulance Replacement and Park Impact Fees.

Mr. Forbes opened the hearing for public comment:
Mr. Joe Hero, 11723 South Oakridge Drive – remonstrated against the way the cumulative sewer fund is not equally collected. He stated that the monies paid by residents in town limits are used to subsidize the areas out of town receiving the utilities.

Mr. Thomas Busch, 10178 Walsh Street - asked what the percentage difference is from year to year. Mr. James Bennett of J. M. Bennett & Associates, the town’s financial advisor, stated the levies are approximately 5% higher than they were last year, which correlates to the available money in the budget. In some cases it’s not even 5%; it depends on tax collections. Estimates are based on an 18-month period from July 1, 2003 through December 31, 2004. The Town tries to hold to the 5% per levy/budget. Mr. Busch asked what the actual dollar amount difference was from last year. Mr. Bennett responded and advised that he will calculate those numbers and provide a breakdown to be forwarded to Mr. Busch the following week. Hearing no other comments from the floor, the public hearing was closed.

Council Comment – Mr. Rudy directed his comment to Mr. Bennett and stated that this budget is like all prior budget years and is a reasonable budget to conduct the affairs of the town but it is still subject to State approval which they will not get until January. Mr. Bennett stated this is a bad year for approvals due to the re-assessment; the town is given a maximum levy and they have worked well within that. There will be a hearing in December with the Tax Commissioners to discuss miscellaneous revenues and will give a preliminary approval for the budget. The budget reflects a good cash position for the town; the budget is tight but prudent in that it stays within the levies.

Ordinance #1306 – 2004 Corporation Budget – First Reading – Mr. Forbes read Ordinance #1306, in its entirety, into the record. Hearing no further comments from the floor, the public hearing was closed. Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve on first reading only, Ordinance #1306, and ordinance on Appropriations and Tax Rates for the Budget Year 2004. Motion unanimously passed.

Adjournment –

Mr. Rudy motioned, seconded by Mr. Winterhaler, to adjourn. Motion unanimously passed. The meeting adjourned at 7:15 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-28-2003 Town Council Regular Meeting

August 28, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Regular Town Council Meeting to order at 7:30 P.M and led the Pledge of Allegiance.

Roll Call -

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Member; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Mr. Forbes would like to amend the agenda to add item Q: Consideration of Ordinance #1311. This ordinance repeals Ordinance #945, establishing regulations for the use of the town dumpster. Mr. Rudy motioned, seconded by Ms. Aldridge, that by unanimous consent, item Q, Ordinance #1311 an ordinance repealing Ordinance #945 having to do with the use of the town dumpster, is added to the agenda. Motion unanimously passed.

Mr. Forbes advised the Council that under reports, he would present a request to send a recommendation to the County Council regarding the extension of sewer and water for the Olthof Development.

Approval of minutes of the July 10, 2003 Executive Session, July 15, 2003 Special Meeting, July 24, 2003 Town Council Regular Meeting and July 31, 2003 Executive Session –

Mr. Forbes cited typographical and grammar changes in the July 24, 2003 minutes. Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the minutes of the July 15 Special Meeting and the July 24 Regular Meeting including the amendments on pages 2, 3 and 4 read into the record for July 24. Motion unanimously passed. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to approve the Executive Session minutes of July 10 and July 31. Four ayes and one abstention by Mr. Rudy, he did not attend Executive Session meetings. Motion carried.
Resolution #03-08-28A, a resolution adopting the Fiscal Plan related to the annexation of Lake Hills Golf Course –
Mr. Rudy questioned the data presented in the Fiscal Plan; he would like to see that the available actual data is used and the report attachments are limited. Mr. Volk asked if the property tax data included exemptions, how the number of homes was derived, and how much of the land is wetland. Mr. Wickland stated the fiscal plan must be adopted before the ordinance can be heard. Mr. Jim Wieser, attorney for the Lake Hills developer, stated that the developer agrees to make the data changes and will provide a hardcopy tomorrow. Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve and adopt Resolution #03-08-28A, a Fiscal Plan for V3 Realty on behalf of Lake Hills Development subject to the conditions he cited, and that the modified Fiscal Plan as defined here should be delivered to the Town by the close of business one week from today or the resolution is for naught. Mr. Rudy amended the motion by adding that on page 16 a re-evaluation of the average tax revenue per unit in both tables be established and reported to the Town.

Mr. Joe Hero, 11723 S. Oakridge Dr. - commented that the Fiscal Plan has too many flaws for the vote to pass the resolution; it has not been verified and signed by an individual with credentials to do so. He asked what does the copyright mean; had sanitary and drainage concerns; and stated that there are too many loopholes in the plan. Mr. Wieser stated verification by a consultant is not required by statute. Roll call vote: Mr. Rudy: nay; Ms. Aldridge: aye, Mr. Winterhaler: aye; Mr. Volk: nay; Mr. Forbes: aye. Motion carried 3 to 2.

Public Hearing

Annexation petition for Lake Hills Golf Course (V3 Realty) – Mr. Wickland stated the Proofs of Publication are in order. Mr. Wieser gave opening remarks and requested second reading be held at special meeting on the 16th.

Public Comment - Mr. Forbes opened the floor for public comment.

Mr. Joe Hero, 11723 S Oakridge - remonstrated against the project because the resolution that was passed is illegal; corrected Fiscal Plan would not be available for an open meeting.

Mr. Jeff Fryzel, 9915 Hunters Run – stated that the Fiscal Plan was poorly put together; he questioned the tax rates, and believed the plan should have an expert sign off on the numbers so contained in the plan.

Hearing no other comments from the public, Mr. Forbes closed the public hearing.

Town Council Comment -

Mr. Rudy asked if the Sanitary and Water Districts could accommodate the development with the existing systems in place. Mr. Mark Gianopulos from Metrostudy stated that the new interceptor line does not need to be installed; they have worked with the Sanitary and Waterworks Boards.

Mr. Volk asked if the proposal to donate land for use as a park included the banquet hall. Mr. Gianopulos stated that they have asked the Park Board if they wanted to handle the banquet hall.

No other comments from the Town Council.

First reading of Ordinance #1307, annexing certain property to the Town of St. John - Mr. Rudy asked if it would be appropriate to have the final version of the Fiscal Plan before the first reading of the ordinance. Discussion followed. Mr. Rudy motioned, seconded by Ms. Aldridge, to table the consideration of the first reading of Ordinance #1307 to a special meeting to be conducted on September 16th following adoption of the completed Fiscal Plan. Motion unanimously passed.

Old Business

Consider Ordinance #1297, procedure to dispose of Uncollectible Ambulance Bills –
Ms. Aldridge motioned, seconded by Mr. Volk, to approve Ordinance #1297 to dispose of uncollected ambulance bills. Motion unanimously passed. Discussion took place as to whether motion is by unanimous consent or if there will be a second reading. Ms. Aldridge rescinded her first motion and motioned to unanimously consider Ordinance #1297 to dispose of uncollected ambulance bills. Mr. Volk seconded the motion. Four ayes and one nay by Mr. Rudy. Motion carries. Mr. Forbes stated second reading would be next month.
Consider Ordinance #1308, amendment to Ordinance #1298, the same being the Municipal Credit Card Ordinance –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to unanimously consider Ordinance #1308 on first reading. Motion unanimously passed. Mr. Winterhaler motioned, seconded by Ms. Aldridge, to adopt Ordinance #1298. Motion unanimously passed.
Consider Ordinance #1309, an ordinance amending Ordinance #1302 the same being the “Littering” ordinance –
Ms. Aldridge motioned, seconded by Mr. Volk, to unanimously consider Ordinance #1309 on first reading. Motion unanimously passed. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to adopt Ordinance #1309. Motion unanimously passed.
Discussion of Bi-Town Animal Control Agreement –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to notify the Town of Dyer that under the authority of the agreement pertaining to Animal Control and signed between the two towns, the Town of St. John exercises its right to terminate under Article 6, hereby notifying Dyer that we intend to completely terminate the agreement effective the first business day in January, 2005. Motion unanimously passed.
Consider authorization for Town Council President to sign latest draft of Pre-Emption Agreement with INDOT –
Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Town Manager to send the marked up copy of the INDOT Pre-Emption Agreement to INDOT seeking the final typed copy for our consideration. Four ayes and one nay by Mr. Winterhaler. Motion carried.
Consider employing the firm of Edwards & Kelcey, Inc. – update of Comprehensive, Thoroughfare and Master Plan –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to consider tabling the consideration for Edwards & Kelcey for the update of the Comprehensive Plan. Three ayes and two nays by Mr. Rudy and Mr. Forbes. Motion carried.

New Business

Consider Ordinance #1304, in conjunction with #SD-84 – Biennial Rate/Tracker –
Mr. Rudy motioned, seconded by Ms. Aldridge, to unanimously consider on first reading Town of St. John Ordinance #1304 which amends the sewage treatment tracker for sewage charges. Motion unanimously passed. Mr. Rudy motioned, seconded by Ms. Aldridge, to adopt Town of St. John Ordinance #1304 being an ordinance establishing a change in the sewer tracker fees for wastewater treatment in Schererville, IN. Motion unanimously passed.
Consider drainage project on power line easement –
next to Homestead Village Court – Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve drainage project on power line easement not to exceed $4,220.00. Motion unanimously passed.
Consider Ordinance #1305 – Weston Ridge “The Woods” (zone change R-3 to Residential PUD – favorable recommendation from Plan Commission) –
Ms. Aldridge motioned, seconded by Mr. Winterhaler, to unanimously consider Ordinance #1305. Motion unanimously passed. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to adopt Ordinance #1305. Motion unanimously passed.
Consider Ordinance #1310, amending Salary Ordinance #1276 concerning Public Works General Foreman and Full-Time E.M.T.’s (clarification and pay designation change from salary to hourly) –
Ms. Aldridge motioned, seconded by Mr. Volk, to unanimously consider Ordinance #1310 amending salary Ordinance #1276. Motion unanimously passed. Ms. Aldridge motioned, seconded by Mr. Volk, to adopt Ordinance #1310. Motion unanimously passed.
Awarding of Roof Repair & Tuck-Pointing for Police Station –
Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve the roof repair to M&M and the tuck pointing to Plahtaric Masonry not to exceed $12,880.00. Ms. Aldridge amended motion to separate amounts M&M not to exceed $5,880.00 and Plahtaric Masonry not to exceed $7,000.00. Motion unanimously carried. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to waive the permit fees for the roof repair and tuck pointing at the Police Station. Motion unanimously passed.
Consider “Special Use” request of Indiana Iron & Metal, Inc. (unfavorable recommendation from Board of Zoning Appeals –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to deny the special use request by Indiana Iron & Metal, Inc. and to incorporate the unfavorable recommendation from the Board of Zoning Appeals. Motion unanimously passed.
Review Smart Governance Alliance Draft for “Wireless Internet Services” –
Mr. Rudy motioned, seconded by Ms. Aldridge, that the Town of St. John notify the Smart Governance Alliance that it wishes to join them as one of the participants in the bidding process for wireless Internet and wireless networking services. Motion unanimously passed. Mr. Rudy motioned, seconded by Ms. Aldridge, to instruct and authorize the Town Manager to send to the Smart Governance Alliance all the required documentation in order for the Town of St. John to join the bidding process for wireless Internet and wireless networking services including tower locations and heights. Motion unanimously passed.
Consider Letter of Credit for Dunkin Donuts in the amount of $12,500.00 (favorable recommendation by Plan Commission) –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to approve acceptance of the Letter of Credit for Dunkin Donuts from Harris Bank, Irrevocable Letter of Credit #71382 in the amount of $12,500.00. Motion unanimously passed.
Consider Letter of Credit for Maginot Meadows – Unit 2 in the amount of $167,337.50 (favorable recommendation by Plan Commission) –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to approve acceptance of the Letter of Credit for Maginot Acres – Unit 2 in the amount of $167,337.50 based upon a favorable recommendation by the St. John Plan Commission. Motion unanimously passed.
Consider Letter of Credit for Weston Ridge – Unit 2 in the amount of $699,987.90 (favorable recommendation by Plan Commission) –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to table the Weston Ridge – Unit 2 Letter of Credit pending the receipt of a signed document from the bank. Motion unanimously passed.
Consider Letter of Credit for Weston Ridge – Cottage Homes in the amount of $564,613.50 (favorable recommendation by Plan Commission) –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to table the Letter of Credit for Weston Ridge – Cottage Homes in the amount of $564,613.50 pending proper signatures. Motion unanimously passed.
Consider authorization of pavement marking services in an amount not to exceed $3,700.00 –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve $3,700.00 to perform road striping and road directional arrows in accordance with the August 22, 2003, letter from the Town Manager with the attached proposals. Motion unanimously passed.
Consider American United Life (AUL) as additional provider of “Deferred Compensation Plan” for municipal employees –
Mr. Rudy motioned, seconded by Ms. Aldridge, to add American United Life as a second provider for the Deferred Compensation Plan for the municipal employees. Motion unanimously passed.
Consider request from Public Works Department to purchase two (2) vehicles –
Ms. Aldridge motioned, seconded by Mr. Rudy, to approve the request of the Public Works Department to purchase two vehicles, to pay one-third of the total purchase price not to exceed $52,007.00. Motion unanimously passed.
Consider authorization to Public Works Department to hire an employee (replacement for Retiree) –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to authorize the Town Manager to hire Mr. Mike Schilling as an entry level employee in the Public Works Department to replace Mr. Herman Monix, who retired, based upon the August 15th, 2003 memo from Mr. Kil. Motion unanimously passed.
Consider promotion of Public Works Department employees Robert Valois and Charles Alexander –
Mr. Rudy motioned, seconded by Ms. Aldridge, to defer consideration of promotions until January for the two employees in the Public Works Department as stated in the letter sent by the Town Manager dated August 7th. Motion unanimously passed.
Consider Ordinance #1311 this ordinance repeals Ordinance #945 which is an ordinance that established the regulations for the use of the town dumpster –
Mr. Rudy motioned, seconded by Ms. Aldridge, to unanimously consider Ordinance #1311 which would rescind Ordinance #945 regulating the use of the town dumpster and garbage facilities. Motion unanimously passed. Mr. Rudy motioned, seconded by Ms. Aldridge, to adopt Ordinance #1311 an ordinance that repeals Ordinance #945 which regulated town dumpster and garbage facilities. Motion unanimously passed. Mr. Rudy motioned, seconded by Mr. Winterhaler to authorize the Town Manager and Police Chief to write a procedure to how we will handle the use of the town dumpster including the provisions that it will be used only by town residents but never for commercial waste among other matters. Motion unanimously passed.

Reports and correspondence

Town Council
Mr. Volk motioned, seconded by Ms. Aldridge, that the Town Council deny the grant of sewer and water to the Olthof Development that was granted by the Sanitary and Waterworks Board; and that Mr. Wickland will send a letter to the County Council stating the Town Council’s opinion on this and that Mr. Wickland will represent the Town Council at the next County Council meeting. Motion unanimously passed.

Mr. Rudy would like a report at the next study session of the procedures and amounts charged to Public Works for labor and material rather than the Park Board.

Clerk-Treasurer
Approval to pay Environmental Control, Inc. for work done at the fire station on the exhaust system – Mr. Winterhaler motioned, seconded by Ms. Aldridge, to approve payment to Environmental Control, Inc. in the amount of $14,975.00. Motion unanimously passed.
Staff
Mr. Wickland

1. He has done research and is prepared to file a suit for an injunction against, town resident, Mr. Carey. The lack of up-keep of his property being a public nuisance and conducting a business in a home. Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Town Attorney to file suit against Mr. Carey on the basis of the Town’s Nuisance Ordinance for the problems evidenced in the Sun Meadows subdivision. Motion unanimously passed.

2. He has sent 20 letters to recipients of the ambulance service who have failed to pay, the time has expired and he has received only three telephone calls. He can file the suits in small claims court to keep the costs down. Mr. Winterhaler motioned, seconded by Mr. Rudy, to authorize the Town Attorney to file suit for the unpaid ambulance bills. Motion unanimously passed.

3. Sale of FF&E items - recommended appraiser can do a negotiated sale, fee is 20-25% of gross sale. Mr. Wickland will arrange for the appraiser to make a presentation at the study session.

4. Annexations will have to be done separately. Ordinance for annexation will be prepared to include the individuals who have signed the Waiver of Right to Remonstrate Against Annexation. He will try to have ordinances ready at the next study session. The remaining properties (Rybarski, Tiburon) will be addressed later.

Mr. Kil

Resident Madeline Lee has not responded to correspondence sent to her directing the clean up of her property. He would like to send a final letter advising her that the Town Attorney will take legal action if she does not comply. Mr. Winterhaler motioned, seconded by Mr. Rudy, to authorize Mr. Wickland to send a letter to Madeline Lee. Motion unanimously passed.

Authorization from Town Council President for participation in Homeland Security State Program I (grant to Lake County Emergency Management Agency) -
Lake County has received grant money for Homeland Security, St. John is allocated $17,602.00 for the fire department to purchase eligible equipment. Mr. Rudy motioned, seconded by Mr. Winterhaler, to authorize the Town Council President to sign the sub-grant award application with the Department of Homeland Security for the fiscal year 2003 based on the July 28, 2003, letter from the State Emergency Management Agency. Motion unanimously passed.
Authorization for Public Works to re-grade Sun Meadows Retention Pond – not to exceed $4,800.00 –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to table consideration for work to re-grade the Sun Meadows Retention Pond to the study session. Motion unanimously passed.

Payment of Bills -

#8147 through #8354 in the amount of $593,046.22 for the Corporation – Mr. Winterhaler motioned, seconded by Ms. Aldridge, to authorize payment of docket #8147 through #8354 in the total amount of $593,046.22. Motion unanimously passed.

Business from the Floor –

William Dravesky, 9038 Howard – asked if there is a moped ordinance. Mr. Kil stated the Chief of Police is aware and working on an ordinance.

Stephen Hastings, 8740 Patterson – water leak has been repaired, would like the ditch repaired to how it was before the water leak. Mr. Kil will discuss with Mr. Pharazyn.

Bill McCall, 7426 Park Lane - Waterworks Board member – commented on Wireless and Smart Governance Alliance

Joe Hero, 11723 S. Oakridge – was at meeting where NIPSCO was cited as the cause of the broken water line on Patterson Street; NIPSCO should pay the repair bill for the ditch.

Bill McCall (board member of Sanitary/Waterworks) stated that the board has addressed this matter and mentioned proposed remedies for closure.

Stephen Hastings mentioned the lack of communication in getting the water leak fixed.

Adjournment –

Mr. Rudy motioned, seconded by Ms. Aldridge, to adjourn. Motion unanimously passed. Meeting adjourned at 10:26 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-16-2003 Town Council

September 16, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Special Town Council Meeting to order at 7:15 P.M and led the Pledge of Allegiance.

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. William Winterhaler was absent.

New Business

Ordinance #1306 – 2004 Corporation Budget – Adoption –
Mr. Rudy motioned, seconded by Ms. Aldridge, to adopt on second reading Ordinance #1306, the Ordinance on Appropriations and Tax Rates for the calendar year 2004 for the Town of St. John. Motion unanimously passed.
Opening bids for Refuse & Recycling –
Ms. Sury opened the bids and passed them to Mr. Wickland, as follows: Performance Waste & Recycling, Able Disposal (did not submit a bid; however, they did ask to be on mailing list for future bids) Illiana Disposal Partnership, and Waste Management. Mr. Wickland verified the proper paperwork was received and the bids were in proper form. Mr. Rudy motioned, seconded by Ms. Aldridge, to take the refuse and recycling bids under advisement. Motion unanimously passed.
Reconsider Costs Related to Roof Repairs of Police Station –
Mr. Kil stated the contractor will not tear off the roof until the replacement costs of the plywood planks, rafters and labor have been authorized. The Town Building Commissioner will verify and authorize that the work is necessary. Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Building Commissioner to make decisions during the roofing repair of the St. John Police Department such that if additional plywood planks or rafter replacement is necessary the unit prices that are applied are in accordance with the May 12th, 2003 proposal from M & M Roofing. Motion unanimously passed.
First reading of Ordinance #1307, annexing certain property to the Town of St. John (Lake Hills Golf Course) –
Mr. Forbes referenced a letter from Wieser and Sterba regarding the V3 Realty Company, they have requested the withdrawal and dismissal of the annexation petition. Mr. Rudy expressed concern over the amount of work and money that has been spent to date working with V3 Realty and would like to go ahead with the annexation. Mr. Rudy motioned, seconded by Ms. Aldridge, to proceed with the proper legal notices for the Town to proceed with annexation of the Lake Hills property. Motion unanimously passed.

Adjournment –

Ms. Aldridge motioned, seconded by Mr. Rudy, to adjourn. Motion unanimously passed. Meeting adjourned at 7:35 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-25-2003 Town Council

September 25, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Town Council Regular Meeting to order at 7:04 P.M and led the Pledge of Allegiance followed by a moment of silence.

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Approval of minutes of the August 19, 2003 Special Meeting, the Budget Public Hearing and Regular Meeting of August 28, 2003, and the Joint Study Session of the Town Council and Plan Commission on August 19, 2003 –

Mr. Winterhaler motioned, seconded by Mr. Rudy to approve the minutes of the stated meetings. Motion unanimously passed.

Old Business

Consider Ordinance #1297, procedure to dispose of Uncollectible Ambulance Bills (second reading) –
Mr. Rudy motioned, seconded by Mr. Volk, to adopt on second reading Ordinance #1297, an ordinance establishing a policy to declare uncollectible accounts for the Town of St. John. Motion unanimously passed.
Consider employing the firm of Edwards & Kelcey, Inc. – update of Comprehensive Plan –
Mr. Volk would like to see copies of other proposals. Mr. Rudy brought copies of the proposal activity and related paperwork of the Plan Commission and the Planning and Development Advisory Committee. Discussion followed about what has been done to date. Mr. Volk motioned, seconded by Ms. Aldridge, to defer this vote and go out for more proposals. Ayes: Mr. Volk, Ms. Aldridge, Mr. Winterhaler; Nays: Mr. Rudy, Mr. Forbes. Motion carried 3 to 2.

Mr. Volk motioned, seconded by Ms. Aldridge, to reject the proposal from Edwards & Kelcey, Inc. and redirect the Plan Commission and Advisory Committee to regroup and resubmit for bids/RFP’s/Proposals to at least three different consulting firms. Mr. Volk amended motion to reject all proposals received at that time. Ms. Aldridge seconded amended motion. Roll call vote: Mr. Rudy, no; Ms. Aldridge, yes; Mr. Winterhaler, yes; Mr. Volk, yes; Mr. Forbes, no. Motion carried 3 to 2.

Ordinance #1313, an ordinance regulating the ethical behavior of Town Officials –
Mr. Rudy recommended several changes; Ms. Aldridge would like members of the proposed Ethics Board to provide input on the Ordinance. Mr. Rudy motioned, to accept on first reading Ordinance #1313 with the amendments just read into the record. Mr. Rudy amended motion to include that additional people who are defined as public officials in this may not be hired by the Town for a period of 90 days following termination of their duties and responsibilities with the Town. Motion failed due to lack of a second.

Ms. Aldridge motioned to table Ordinance #1313, an ordinance regulating the ethical behavior of Town Officials until further discussion, motion seconded by Mr. Volk. Three ayes - Mr. Forbes, Ms. Aldridge, Mr. Volk; nay – Mr. Rudy, abstain - Mr. Winterhaler. Motion carried.

New Business

Resolution #03-09-25, a resolution adopting a Fiscal Plan for Christopher Drive, Jacobsen Drive and West 85th Avenue –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve and adopt Resolution #03-09-25, a resolution adopting a Fiscal Plan for annexation to the Town of St. John. Motion unanimously passed.
Ordinance #1312, an ordinance annexing certain real property to the Town of St. John (first reading) –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve on first reading Ordinance #1312, an ordinance annexing certain real property adjacent to the Town of St. John. Motion unanimously passed.
Ordinance #1314, an ordinance amending Ordinance #511, same being the Master Traffic Ordinance –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to give unanimous consent to consider Ordinance #1314 an ordinance amending Ordinance #511. Motion unanimously passed. Mr. Rudy motioned, seconded by Mr. Winterhaler, to adopt Ordinance #1314, an ordinance amending Ordinance #511. Motion unanimously passed.
Authorization for Public Works to re-grade Sun Meadows Retention Pond – not to exceed $7,740.00 –
Mr. Rudy motioned, seconded by Mr. Volk, to approve an amount not to exceed $5,800.00 for landscaping, excavation and grading of Sun Meadows Pond based upon the recommendation from the Public Works Director in his memo dated August 22, 2003. Motion unanimously passed.
Consider approval of Schafer Drive Drainage Project –
Mr. Rudy motioned, seconded by Mr. Volk, to approve an amount not to exceed $5,500.00 for the Schafer Drive drainage problem near 9060 Schafer based upon the recommendation of the Town Engineer in his letter and drawing dated September 2, 2003. Motion unanimously passed.
Consider approval of 2003 Sidewalk Replacement Program –
Mr. Rudy motioned, seconded by Mr. Volk, to approve and allocate $20,000.00 for the 2003 Sidewalk Replacement Program for the year 2003. Motion unanimously passed.
Award bid for Refuse and Recycling Collection –
Discussion about oil spots on the streets caused by Performance trucks. Mr. Rudy motioned, seconded by Mr. Winterhaler, to award the waste hauler contract for the years 2004 and 2005 to Performance Waste and Recycling based on the bid recently received from them. Motion unanimously passed.
Consider approval for the acquisition of five (5) squad cars –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to authorize the St. John Police Department to lease three new squad cars and to purchase two new ones for delivery in the year 2004. Motion unanimously passed.
Discussion of Sale of F.F. & E. items from Ice Arena and Fitness Center –
Mr. John D. Argus of American Management Systems gave an overview of his business, why the Town hired him and the sales process. Mr. Rudy motioned, seconded by Ms. Aldridge, to express the Town’s intent to hire American Management Systems International to serve in a capacity of developing a negotiated sale for the Town owned F.F. & E. equipment at the Ice Arena with a fee representing 20% of the gross sale, a minimum of $500.00 for his effort and we await his final proposal for the Town’s signature. Motion unanimously passed.
Consider Letter of Credit for Weston Ridge – Unit 2 in the amount of $692,837.90 (favorable recommendation by Plan Commission) –
Discussion regarding a discrepancy in the amount originally approved. Mr. Kil confirmed that the Town Engineer agreed with the revised value of the letter of credit. Mr. Rudy motioned, seconded by Ms. Aldridge to accept the irrevocable Letter of Credit #CL7238LC from People’s Bank in the amount of $692,837.90 for Weston Ridge – Unit 2 as represented on their memo dated 9/23/03. Motion unanimously passed.
Consider request to use Municipal Building Meeting Room and Public Works Facility for polling place on Tuesday, November 4, 2003 –
Mr. Rudy motioned, seconded by Mr. Winterhaler, that the Town approve the use of the Municipal Building Meeting Room and the Public Works facility on White Oak Avenue for a polling place for the General Election to be held on Tuesday, November 4, 2003. Motion unanimously passed.

Reports and correspondence

Town Council
Mr. Forbes stated that there is a petition for a public hearing regarding the Rybarski Farm at the Lake County level they are seeking rezoning. He would like the Town Council to send a letter to the Lake County Plan Commission and the Lake County Council stating that the St. John Town Council is actively pursuing annexation of these properties. Mr. Rudy motioned, seconded by Mr. Volk, that the Town Council reaffirms its direction to the Town Attorney to proceed with the annexation of the Rybarski Farms property. Motion unanimously passed.

Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Town Attorney to send memoranda and/or attend meetings of both the Lake County Plan Commission and as appropriate, the Lake County Council to represent the St. John Town Council’s interest in annexing the Rybarski Farm as a part of the Town of St. John and to deny them use of water and sewer absent annexation. Motion unanimously passed.

Mr. Forbes presented list of F.F. & E. items from the Ice Arena for the Police Department. Mr. Rudy motioned, seconded by Mr. Winterhaler and Ms. Aldridge, to transfer the equipment listed in the September 22, 2003 letter from the Police Chief from the Ice Arena to the Police Department’s use. Motion unanimously passed.

Mr. Forbes stated that the BZA unanimously approved a special use permit regarding a church on the Weston Ridge property. Mr. Rudy motioned, seconded by Ms. Aldridge, that the Town Council concur with the BZA to allow the construction of a church on the residential property commonly known as the Weston Ridge area. Motion unanimously passed.

Clerk-Treasurer –
None.
Staff
Chief Guzik asked to amend the ordinance for parking on 97th & Keilman and Marquette Street.

Mr. Kil suggested the meeting calendar be changed due to overlapping dates and holidays. The study sessions will be on October 14th, November 11th and December 16th; the regular meetings will be November 20th and December 30th.

Mr. Forbes will not attend the IACT Conference; the itinerary indicates the Conference is for professional staff.

Payment of Bills -

#8355 through #8542 in the amount of $515,506.57 for the Corporation – Mr. Rudy motioned, seconded by Mr. Winterhaler, to pay the vouchers #8355 through #8542 for a total amount of $515,506.57. Motion unanimously passed.

Business from the Floor

Mr. Ruben Pitman, 9021 Columbia Avenue - commented on the direction of the Master Plan and the funding for the Park Department employees.

Ms. Joan Mills, 9062 Howard - commented on Public Works hours, funding of labor and the budget.

Mr. Joseph Hero, 11723 S. Oakridge – asked if all of the Ice Arena litigation cases have been settled. Mr. Wickland stated there are two claims open.

Adjournment –

Mr. Rudy motioned, seconded by Mr. Winterhaler, to adjourn. Motion unanimously passed. Meeting adjourned at 9:08 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

10-23-2003 Town Council

October 23, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Town Council Regular meeting to order at 7:07 P.M.

Flag Ceremony –

Boy Scout Troop #561 presented the colors and led the Pledge of Allegiance

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Mr. Winterhaler motioned for a unanimous consent to amend the agenda for Item D to read Consider Ordinance #1317, annexation petition and zoning commitment of Rybarski property. Mr. Rudy seconded. Motion unanimously passed.

Approval of minutes of the September 16, 2003 Special Meeting and the September 25, 2003 Regular Meeting -

Mr. Rudy motioned to approve the minutes of the Town Council September 16, 2003 Special Meeting and the September 25, 2003 Regular Meeting as presented to the Town Council, seconded by Mr. Winterhaler. Motion unanimously passed.

Old Business –

None

New Business

Consider Ordinance #1313, an ordinance regulating the ethical behavior of Town Officials –
Ms. Aldridge motioned, seconded by Mr. Rudy, to approve Ordinance #1313, an ordinance regulating the ethical behavior of Town Officials. Ms. Aldridge amended motion to include: to unanimously consider on first reading, seconded by Mr. Rudy. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, yes; Mr. Winterhaler, no; Mr. Volk, yes; Mr. Forbes, no. Motion fails - 3 yeas and 2 nays; does not carry unanimously. Second reading will be at next official meeting.
Consider Ordinance #1315, an ordinance regulating Political Signs (favorable recommendation from Plan Commission) -
Mr. Rudy noted that the Plan Commission held a public hearing on October 1st and no one rose to comment on the ordinance. (Zoning Ordinance Change – one reading is necessary for adoption) Mr. Rudy motioned to adopt Ordinance #1315 an ordinance regulating the placement of political signs in the Town of St. John. Ms. Aldridge seconded. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, yes; Mr. Winterhaler, yes; Mr. Volk, no; Mr. Forbes, yes. Motion carried 4 ayes, 1 nay.

Mr. Rudy motioned to adopt Ordinance #1315, being an ordinance regulating the placement of political signs in the Town of St. John with the amendment that Article 2J include the number 24 for 24 hours of notice to bring the sign into compliance. Ms. Aldridge seconded. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, yes; Mr. Winterhaler, yes; Mr. Volk, no; Mr. Forbes, yes. Motion carried 4 ayes, 1 nay.

Consider Ordinance #1316, rezoning of Renaissance Subdivision to R-2 Single Family (favorable recommendation from Plan Commission) –
Discussion about the need for R-1 housing, the steps the Plan Commission took and the Zoning Ordinance passed earlier in the year.

Mr. Rudy motioned to set the limits of debate, under Robert’s Rules of Order, to a maximum of 15 minutes on the clock with no more than two minutes per person who speaks. Motion failed due to a lack of a second.

Ms. Aldridge motioned, under Robert’s Rules of Order, to allow two minutes per person to speak on this issue, no maximum time. Mr. Winterhaler seconded. Motion carried – 3 ayes and 2 nays by Mr. Rudy and Mr. Forbes.

Public Hearing

Susan Breymeyer, 9531 Dover Lane – presented a petition containing 151 names to stop the trend of R-2 development. Ms. Breymeyer is concerned about the overcrowding of schools, traffic congestion, and that the lot sizes may indicate multiplexes.

Joe Hero, 11723 S. Oakridge Drive – stated that he supports R-1 zoning and asks that the Council listen to the residents, and consider the impact on the property values. He asked the Council to deny the zoning request.

Craig Lebryk, 9125 Columbia – stated that the community is based on large R-1 lots and remonstrated against the Ordinance. He asked the Council to vote against this Ordinance.

Bill McCabe, represents the developer and has testified as an expert witness – presented comparisons with the Edgewood development and the square footage of like developments in town.

Jerry Furman, 12006 Hedwig Drive – directed his comment to Mr. McCabe that the voices of 150 petitioners need to be considered.

Joe Hero asked if any Council member received a campaign contribution from the developer to abstain from voting.

Public Hearing closed

Mr. Rudy motioned to adopt Ordinance #1316, being an ordinance amending Ordinance #841, the rezoning of the Renaissance Subdivision with the amendment that references Ordinance #845 in the body of the said ordinance be changed to Ordinance #841. That the developer fully executes and notarize the zoning commitment that we incorporate by reference to the various exhibits referenced in the Ordinance and Zoning Commitment and include within the findings of fact adopted by the Plan Commission. Seconded by Mr. Winterhaler. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, no; Mr. Winterhaler, yes; Mr. Volk, no; Mr. Forbes, yes. Motion carried - three ayes and two nays.

Consider Ordinance #1317, annexation petition and zoning commitment of Rybarski property –
Mr. Rudy motioned that the Town Council approve on first reading Ordinance #1317, an Ordinance annexing the property adjacent to the Town of St. John, otherwise known as the Rybarski property, with the indication that a public hearing will be held on November 20th. Ms. Aldridge seconded. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, yes; Mr. Winterhaler, yes; Mr. Volk, yes; Mr. Forbes, yes. Motion unanimously passed.
Consider the Reduction of Letter of Credit for Weston Ridge – Unit One to the amount of $80,730.10 (favorable recommendation from Plan Commission) –
Mr. Rudy motioned to approve the irrevocable Letter of Credit #CL7241LC dated October 10, 2003 for Weston Ridge – Unit One in the total amount of $80,730.10. Ms. Aldridge seconded. Motion unanimously passed.
Consider the Reduction of Letter of Credit for Weston Ridge – Unit Two to the amount of $173,149.50 (favorable recommendation from Plan Commission) –
Mr. Winterhaler motioned to approve the People’s Bank Letter of Credit #CL7242LC in the amount of $173,149.50. Motion seconded by Mr. Rudy. Motion unanimously passed.
Consider Reduction of Letter of Credit for Heron Lake – Unit 4-A to the amount of $38,255.00 (favorable recommendation from Plan Commission) –
Mr. Rudy motioned to approve the irrevocable Letter of Credit #2003-IOC-491 dated 10-10-03 for Heron Lake – Unit 4-A in the amount $38,255.00. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Award of 2003 Community Development Block Grant (CDBG) Project –
Mr. Rudy motioned, seconded by Mr. Winterhaler, to accept and approve the bid of COEX Incorporated for use of CDBG funds for handicap accessibility in the amount of $4.25 per square foot in accordance with their bid. Motion unanimously passed.
Consider request from Lake Central School Corporation for the donation of a used squad car –
Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the donation of one used St. John Police Department squad car to the Lake Central School Corporation for security services of such car, being one that was considered for trade in when the 2004 models arrive. Motion unanimously passed.
Consider disposal F.F. & E. items from Ice Arena and Fitness Center –
Mr. Kil was unable to give Mr. Argus a complete list due to the Police Department taking some of the equipment for their use. Mr. Winterhaler motioned, seconded by Mr. Rudy, to table this item until the next available meeting. Motion unanimously passed. Mr. Rudy mentioned that 83 items were taken from Ice Arena rather than the agreed upon number of 32 items. Some items may be fixtures and if they are, we may be in serious trouble with the contractors. Mr. Kil will follow up with Chief Guzik and go over the list to ensure the removed items are not fixtures.
Consider annexation of Tiburon, Baacke & Lake Hills Properties and the property commonly known as LOAN$UM Pawn on U.S. 41 –
Mr. Rudy motioned to authorize the Town Attorney to immediately begin the appropriate annexation proceedings to annex the land commonly known as LOAN$UM Pawn on U.S. 41 near the northern border of the Town. Ms. Aldridge seconded. Motion unanimously passed.

Mr. Rudy motioned to hold a special meeting on November 11, 2003. Motion seconded by Mr. Winterhaler. Motion unanimously passed.

Consider Agreement between Town of St. John and South Lake Community Services (Transportation Services not to exceed $3,000.00 from CDBG funds) –
Mr. Rudy motioned, seconded by Ms. Aldridge, to approve the agreement to use $3,000.00 of CDBG funds for fuel for the South Lake County Community Services, and authorize the Town Council President to sign that agreement with one amendment in paragraph 2 at the bottom of the first page striking the words “maintaining, and”. Motion unanimously passed.
Consider Resolution #03-10-23, authorizing the Clerk-Treasurer to Create New Line – Solid Waste/Equipment Repair & Maintenance –
Mr. Rudy motioned to approve Resolution #03-10-23, a resolution authorizing the Clerk-Treasurer to create a new line item in the Solid Waste Budget. Ms. Aldridge seconded. Motion unanimously passed.
Consider the resignation of Sanitary and Waterworks District member –
Mr. Winterhaler motioned, seconded by Ms. Aldridge, to accept the resignation of Mr. Ken Johnston from the Sanitary and Waterworks District. Motion unanimously passed.

Reports and correspondence

Town Council
Mr. Rudy stated that the Lake Hills developer, V3 Realty published a Legal Notice in today’s newspaper that a Public Hearing will be held before the Lake County Plan Commission on Wednesday, November 5th at 7 p.m. The purpose is to rezone the land from agricultural to R-3, which is 1 – 4 family units under County jurisdiction. Mr. Rudy motioned that the Town Council seek representation at the Lake County Plan Commission meeting on November 5th at 7 p.m. using either Baker & Daniel’s or Mr. John Reed to represent the interests of the Town to object to the rezoning of V3. Seconded by Ms. Aldridge. Motion unanimously passed.

The Sanitary and Waterworks District would like to have a joint study session on November 10th or November 11th. Mr. Rudy will advise them they can meet on November 11th at 7 p.m.

On November 26th, there will be a public hearing to annex Christopher and Jacobsen as R-1.

Clerk-Treasurer -
none
Staff -
none

Ms. Aldridge motioned to approve the disciplinary manner discussed in the Executive Session. Seconded by Mr. Winterhaler. Motion carried; three ayes and two nays by Mr. Rudy and Mr. Forbes.

Mr. Rudy motioned to approve and authorize the Town Attorney to pursue the litigation matters discussed in the Executive Session this evening. Mr. Volk seconded. Motion unanimously passed.

Payment of Bills -

#8543 through #8723 in the amount of $797,776.80 for the Corporation – Mr. Rudy motioned, seconded by Mr. Winterhaler, to pay the vouchers #8543 through #8723 inclusive for a total amount of $797,776.80. Motion unanimously passed.

Business from the Floor

Jim Peddycard, 7604 92nd Lane, Tiburon Subdivision – asked if they are sure Tiburon would be annexed.

Adjournment –

Mr. Rudy motioned, seconded by Mr. Aldridge, to adjourn. Motion unanimously passed. Meeting adjourned at 8:15 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

11-11-2003 Town Council

November 11, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Town Council Special Meeting to order at 6:30 P.M and led the Pledge of Allegiance followed by a moment of silence in honor of Veterans Day.

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Steve Kil was absent.

New Business

Ordinance #1313, an ordinance regulating the ethical behavior of Town Officials (second reading) –
Mr. Rudy motioned to adopt Ordinance #1313 on second reading, an Ordinance establishing ethical behavior for all town officials and employees. Motion seconded by Ms. Aldridge. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, yes; Mr. Winterhaler, no; Mr. Volk, yes; Mr. Forbes, no. Motion carried 3 to 2.
Consider Resolution #03-11-20, approving the Fiscal Plan of Lake Hills Development –
Mr. Wickland stated that Baker and Daniel’s recommends tabling Item B until the Regular Meeting next week. Discussion followed. Mr. Winterhaler motioned to table Resolution #03-11-20 regarding Lake Hills. Ms. Aldridge seconded. Four ayes and one nay by Mr. Rudy motion carried.
Consider Ordinance #1320, annexing property known as Lake Hills Golf Course –
Mr. Winterhaler motioned to table Ordinance #1320 until the next meeting on November 20th. Ms. Aldridge seconded. Four ayes and one nay by Mr. Rudy motion carried.
Consider commitment to NIRPC with regards to public education and outreach related to MS4 Stormwater –
Letter from Amy Moore stating NIRPC has proposed handling the public outreach and participation required in the second phase of the MS4 Stormwater Program at a cost of $4,176.40. Discussion followed. Mr. Volk motioned to participate in the NIRPC Stormwater public outreach and participation program in the amount of $4,176.40. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Request of Pop Warner cheerleading squad for donation to compete in national competition –
Mr. Rudy motioned that consistent with the approach the Council has taken making contributions to private organizations in the past to respectfully decline using public funds for this request. Motion seconded by Mr. Volk. Motion unanimously passed.
Personnel Matter – recommendation from Town Manager and Department Head –
Mr. Rudy motioned that the Town terminate the employment of Mr. Frank Clemens from the Town of St. John pursuant to the recent discussion and memoranda sent to him on November 2nd and thereabouts. Four ayes and one abstention by Mr. Volk. Motion carried.

Adjournment –

Mr. Rudy motioned, seconded by Mr. Winterhaler, to adjourn. Motion unanimously passed. Meeting adjourned at 7:48 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

11-20-2003 Town Council

November 20, 2003 Town Council Meeting Minutes

Mr. Rudy called the St. John Town Council regular meeting to order at 7:06 P.M. and led the Pledge of Allegiance.

Roll call was taken with the following members present: Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Mr. Michael Forbes was absent.

Mr. Rudy asked that two items on the agenda be amended: Item 5A, add the following language to description: annexing property known as Rybarski Farm and Tram Development. And change Item 6C: to label “consider Ordinance #1320, annexing property known as Lake Hills Golf Course (first reading)” as C1; and follow with a C2 that says: “Consider adoption of Fiscal Plan for property known as Lake Hills Golf Course.” There was unanimous consent for the changes proposed by Mr. Rudy for Items 5A and 6C.

Approval of minutes of the October 2, 2003 Executive Session, October 23, 2003 Executive Session and the October 23, 2003 Regular Meeting -

Mr. Winterhaler motioned to approve the minutes of the October 2, 2003 Executive Session, October 23, 2003 Executive Session and the October 23, 2003 Regular Meetings. Seconded by Ms. Aldridge. Motion unanimously passed.

Old Business

Public Hearing – Ordinance #1317 – Annexing property known as Rybarski Farm and Tram Development – Mr. Wickland stated the proof of publication of a Public Hearing is on file as required by law. Mr. Rudy gave a background of the property’s annexation activity. This will be handled as an involuntary annexation.

Public Hearing

Susan Breymeyer, 9531 Dover Lane – stated that the developer took the plan to the County and they will vote on R-2 zoning on December 9th. There is concern that the property will be annexed in as county R-2, which are smaller lots. She has a petition with 130 names supporting R-1 zoning.

Mr. Winterhaler motioned to set aside and decline further readings of Ordinance #1317 as read on October 23rd. Ms. Aldridge seconded. Motion unanimously passed.

Mr. Winterhaler motioned to add an agenda item for the Special Meeting scheduled for November 26th that will include the adoption of a fiscal plan under an involuntary annexation of the Rybarski Farm and the first reading of the Ordinance to annex that same property. Ms. Aldridge seconded. Motion unanimously passed.

New Business

Consider Ordinance #1318, an ordinance establishing wages and salaries for employees, fire and police personnel and town officials –
Mr. Winterhaler motioned to unanimously consider on first reading Ordinance #1318, an Ordinance establishing a schedule of wages and salaries for employees, fire and police personnel and town officials for the Calendar Year 2004. Ms. Aldridge seconded motion. Motion unanimously passed. Ms. Aldridge motioned that the Council adopt on second reading Ordinance #1318, an Ordinance establishing wages and salaries for 2004. Mr. Winterhaler seconded. Motion unanimously passed.
Consider Ordinance #1319, establishing an equitable Impact Fee (favorable recommendation from Plan Commission) –
Ms. Aldridge motioned to adopt Ordinance #1319 an Ordinance establishing a change in the Impact Fees. Seconded by Mr. Volk. Motion unanimously passed.
Consider Resolution #03-11-20D adopting a Fiscal Plan for the property known as Lake Hills Golf Course –
Mr. Rudy stated for the record that the initial offering of the Fiscal Plan was done by and on behalf of V-3 Realty. Substantial corrections to errata were made in this plan at the request of the Town Council. This is the version received in the Town offices on or about September 12th. He classifies this as a Fiscal Plan jointly developed in collaboration with that developer and the Town Council, which puts the Council in standing as adoption as their Fiscal Plan. The Resolution will be #03-11-20D. Mr. Winterhaler motioned to approve and adopt Resolution #03-11-20D a Fiscal Plan for the Lake Hills annexation. Ms. Aldridge seconded. Motion unanimously passed.
Consider Ordinance #1320, annexing property known as Lake Hills Golf Course (first reading) –
Mr. Rudy amended the Ordinance to include the acreage / area to be annexed. The bottom of Exhibit A which is the legal description was amended to add: “the total area being approximately 325 acres more or less.” Ms. Aldridge motioned to approve on first reading Ordinance #1320, an ordinance calling for the involuntary annexation of the Lake Hills development. Mr. Winterhaler seconded. Motion unanimously passed. The Public Hearing will be scheduled for Thursday, January 29th.

Mr. Winterhaler motioned to authorize the Attorney to make the proper legal notifications for the Public Hearing for the Lake Hills annexation such dates to be on or about January 29th, 2004. Seconded by Ms. Aldridge. Motion unanimously passed.

Consider Resolution #03-11-20A, adopting a Fiscal Plan for the property commonly known as Christopher and Jacobson Drive(s) and rescinding Resolution #03-09-25 –
Mr. Winterhaler motioned to table items D & E on the agenda until November 26th. Ms. Aldridge seconded. Motion unanimously passed.
Consider Ordinance #1323, annexing certain adjacent and contiguous territory commonly known as Christopher and Jacobson Drive(s) and rescinding Ordinance #1312 -
Mr. Winterhaler motioned to table items D & E on the agenda until November 26th. Ms. Aldridge seconded. Motion unanimously passed.
Consider Resolution #03-11-20B, adopting a Fiscal Plan for 8167 Wicker Avenue –
Ms. Aldridge motioned to approve Resolution #03-11-20B adopting a Fiscal Plan for 8167 Wicker Avenue. Mr. Volk seconded. Motion unanimously passed.
Consider Ordinance #1324, annexing certain adjacent and contiguous territory commonly known as 8167 Wicker Avenue –
Ms. Aldridge motioned to approve and pass on first reading Ordinance #1324, an annexation of 8167 Wicker Avenue. Seconded by Mr. Winterhaler. Motion unanimously passed.

Ms. Aldridge motioned to authorize the Town Attorney to make the proper legal notices and establish the Public Hearing date for the annexation of 8167 Wicker Avenue to on or about January 29th, 2004. Seconded by Mr. Winterhaler. Motion unanimously passed.

Consider Ordinance #1321, amending Town Personnel Policy Ordinance –
Mr. Winterhaler motioned to unanimously consider on first reading Ordinance #1321, an amendment to the Personnel Policy Ordinance. Seconded by Ms. Aldridge. Motion unanimously passed.

Ms. Aldridge motioned to adopt Ordinance #1321, an amendment to the Personnel Policy Ordinance. Mr. Winterhaler seconded. Motion unanimously passed.

Consider Ordinance #1322, regulating parking provisions of the Town Zoning Ordinance (as recommended by Plan Commission) -
Mr. Winterhaler motioned to adopt Ordinance #1322 with the change on page 4 from truck stop to truck terminal. Seconded by Mr. Volk. Motion unanimously passed.
Consider Resolution #03-11-20C, providing for the transfer of appropriations of various funds –
Ms. Aldridge motioned to approve and adopt Resolution #03-11-20C, appropriations of various funds. Seconded by Mr. Volk. Motion unanimously passed.
Consider reduction of Letter of Credit for Weston Ridge Cottage Homes in the amount of $185,147.60 (favorable recommendation from Plan Commission) –
Mr. Winterhaler motioned to accept Letter of Credit #CL7243LC in the amount of $185,147.60. Seconded by Ms. Aldridge. Motion unanimously passed.
Consider application form for openings on Boards and Commissions and authorization for posting of same –
Ms. Aldridge motioned to approve and implement the application for the openings for the Boards and Commissions and the authorization for the postings. Mr. Winterhaler seconded. Motion unanimously passed.

Mr. Volk motioned to run a box type ad in the local section of the Sunday Times and Post Tribune in the month of November advertising for candidates for Boards and Commissions. Seconded by Mr. Winterhaler. Motion unanimously passed.

Discussion of Public Works Department radio equipment –
Mr. Winterhaler motioned to authorize the expenditure for up to $11,000.00 for the Public Works radio equipment. Ms. Aldridge seconded. Motion unanimously passed.
Consider Town Employee Christmas gift –
Mr. Winterhaler motioned to extend the Christmas gifts in the amount of $30.00 to the Town employees limiting it to a gift certificate for one of the four stores discussed (Stop-N-Shop, K-Mart, Blockbuster Videos and Louise’s Hallmark). Seconded by Mr. Volk. Motion unanimously passed.
Consider contract for services of St. John Volunteer Fire Department for Year 2002 & 2003 and also contract for services of Lake Hills Fire Department for Year 2002 & 2003 –
Mr. Winterhaler motioned to approve the contract with the St. John Volunteer Fire Department and authorize the Town Council President to sign it. Seconded by Ms. Aldridge. Motion unanimously passed.

Mr. Winterhaler motioned to approve the contract with the Lake Hills Fire Department and authorize the Town Council President to sign it. Ms. Aldridge seconded. Motion unanimously passed.

Consider purchase of used ambulance for replacement of E.M.S. suburban unit –
Ms. Aldridge motioned to authorize the Town Manager and Fire Chief to negotiate a purchase of this used ambulance for a grand total of all costs not to exceed $25,000.00. Seconded by Mr. Winterhaler. Motion unanimously passed.

Mr. Winterhaler motioned that the offer to purchase the ambulance from Merrillville have a drop dead date (i.e., both parties agree) of December 1, 2003. Seconded by Ms. Aldridge. Motion unanimously passed.

Consider authorization for Police Department to hire additional police officer –
Ms. Aldridge motioned to acknowledge the Town Council’s intent to approve the hiring of an additional police officer when the Police Chief provides the Council with a name. Seconded by Mr. Winterhaler. Motion unanimously passed.
Consider bid proposals for West 93rd Avenue ditch elimination project –
Ms. Aldridge motioned to award to St. John Plumbing the 93rd Avenue ditch elimination project for the total of $66,777.00. Seconded by Mr. Volk. Motion unanimously passed.

Reports and correspondence

Town Council
Mr. Rudy distributed a remonstrance filed today on behalf of Tram Development Group opposing the annexation of the Rybarski Farm – Tram Development project.
Clerk-Treasurer
Request to close office on December 31st to the residents for the close of the books – Mr. Winterhaler motioned to authorize the Clerk-Treasurer to close her office to the public on December 31st. Seconded by Ms. Aldridge. Motion unanimously passed.
Staff –
None.

Payment of Bills -

#8725 through #8871 in the amount of $406,526.22 for the Corporation – Mr. Winterhaler motioned to approve vouchers #8725 through #8871 for a total amount of $406,526.22. Seconded by Ms. Aldridge. Motion unanimously passed. Business from the Floor Dan Marias, 9200 Park Drive – asked about the development zoning for the Lake Hills Golf Course and the date of the development’s fiscal plan. Dave St. Clair, 10303 West 93rd Avenue – questioned the subdivisions up for approval on the East Side of town, (Tram Development - Maginot) he stated that the retention pond did not hold water in the bad storm last summer. His land was flooded. The Ditch is blocked and county said they would dredge. Mr. Kil stated they are well aware of the problem. Pete Monix, 9364 Belmont – stated that there is a 12” tile across to the new one by the ditch.

Adjournment –

Mr. Winterhaler motioned to adjourn. Seconded by Ms. Aldridge. Motion unanimously passed. Meeting adjourned at 8:20 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

11-26-2003 Town Council

November 26, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Town Council Special meeting to order at 7:04 P.M and led the Pledge of Allegiance.

Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Kristie Aldridge was absent.

New Business

Consider Resolution #03-11-26A, adopting a Fiscal Plan for the property commonly known as the Rybarski Farm –
Mr. Rudy motioned that the Town Council approve and adopt Resolution #03-11-26A, a resolution to adopt a Fiscal Plan for the property known as the Rybarski Farm. Seconded by Mr. Volk. Motion unanimously passed.
Consider Ordinance #1317, annexing the property known as the Rybarski Farm –
Mr. Rudy motioned to pass on first reading Ordinance #1317 as presented to the Council tonight, an Ordinance annexing the property known as the Rybarski Farm into the Town of St. John. Seconded by Mr. Volk. Motion unanimously passed.
Consider Resolution #03-11-26B, adopting a Fiscal Plan for the property commonly known as Christopher and Jacobson Drive(s) –
Mr. Rudy motioned to approve and adopt Resolution #03-11-26B, a Resolution adopting the revised Fiscal Plan for the area known as Christopher and Jacobson Drive(s). Seconded by Mr. Winterhaler. Motion unanimously passed.
Consider Ordinance #1323, annexing property commonly known as Christopher and Jacobson Drive(s) –
Mr. Rudy motioned to pass on first reading Ordinance #1323, an ordinance annexing the property into the Town of St. John commonly known as Christopher Drive and Jacobson Drive and others. Seconded by Mr. Winterhaler. Motion unanimously passed.
Consider approval of reduction of Letter of Credit – The Woods of Weston Ridge in the amount of $244,722.72 (favorable recommendation from the Plan Commission) –
Mr. Rudy motioned to accept Letter of Credit #CL7245LC for the Woods of Weston Ridge for the amount of $244,722.72. Seconded by Mr. Volk. Motion unanimously passed.
Consider disposition of Personnel Matter as discussed in the Executive Session –
Mr. Rudy motioned to confirm and recommend to the Town Council President that we take action to remove a particular person from the Board of Waterworks District Commissioners in the Town of St. John, such notice is to go out at the earliest convenience. Seconded by Mr. Winterhaler. Motion unanimously passed.

Adjournment –

Mr. Rudy motioned to adjourn. Seconded by Mr. Winterhaler. Motion unanimously passed. Meeting adjourned at 7:22 P. M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-30-2003 Town Council

December 30, 2003 Town Council Meeting Minutes

Mr. Forbes called the St. John Town Council Regular meeting to order at 7:03 p.m. and led the Pledge of Allegiance.

Roll call was taken with the following members present: Michael Forbes, President; Jerry Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.

Approval of the Minutes of the November 11, 2003 Special Meeting; the November 20, 2003 Regular Meeting; the November 26, 2003 Executive Session and the November 26, 2003 Special Meeting –

Mr. Winterhaler motioned to approve the minutes of the November 11, 2003 Special Meeting; the November 20, 2003 Regular Meeting; the November 26, 2003 Executive Session and the November 26, 2003 Special Meeting. Motion seconded by Mr. Rudy. Motion unanimously passed.

New Business

Consider Resolution #03-12-30A, Transfer of Appropriations –
Mr. Rudy motioned to approve Resolution #03-12-30A, a transfer of appropriations. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Consider Ordinance #1325, Amendment to Subdivision Control Ordinance concerning Curb & Gutter Standards –
Mr. Rudy motioned to approve by unanimous consent the first reading of Ordinance #1325, an amendment to the Subdivision Control Ordinance for Curb & Gutter Standards. Motion seconded by Ms. Aldridge. Motion unanimously passed.

Mr. Rudy motioned to adopt Ordinance #1325, an Ordinance modifying the Subdivision Control Ordinance as to Curb & Gutter Standards on second reading. Motion seconded by Mr. Winterhaler. Motion unanimously passed.

Consider Ordinance #1326, Re-zoning of Three Springs – Unit 2 (6 lots to R-3 and 79 lots to R-2) –
Mr. Rudy motioned to adopt Ordinance #1326, an Ordinance re-zoning land commonly known as the Three Springs Development and incorporate our acceptance of the findings of fact produced by the Plan Commission in the Public Hearing of 12/03/03. Motion seconded by Mr. Winterhaler. Motion carried with three ayes and two nays by Ms. Aldridge and Mr. Volk.
Consider Ordinance #1327, approval of a “Capital Asset Policy” for the Town –
Mr. Rudy motioned to unanimously consider on first reading the passage of Ordinance #1327, an Ordinance establishing a Capital Asset Policy for the Town of St. John. Motion seconded by Ms. Aldridge. Motion unanimously passed.

Mr. Rudy motioned to adopt on second reading Ordinance #1327, an Ordinance establishing a Capital Asset Policy for the Town of St. John. Motion seconded by Ms. Aldridge. Motion unanimously passed.

Consider Resolution #03-12-30B, encumbering various funds to be expended in 2004 –
Mr. Rudy motioned to approve Resolution #03-12-30B, a resolution encumbering funds from 2003 to be utilized and expended in the year 2004. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Consider disposition of Personnel Matter –
Based upon the evidence presented to the Council by a number of parties and reviewed in the Executive Session, Mr. Rudy motioned that the Town Council and the Town Council President exercise it’s authority to remove Mr. Gary Rassel from the Metropolitan Board of Police Commissioners for the Town of St. John effective immediately and provide notice thereof. Motion seconded by Ms. Aldridge. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, yes; Mr. Winterhaler, no; Mr. Volk, no; Mr. Forbes, yes. Motion carried 3 to 2.
Discussion of ANR Pipeline vibration complaint from Patnoe Drive area residents –
Mr. Jim Koeling, 10434 Nieting Court spoke. Concerns are yellow emissions and pressure discharges. He summarized company’s EPA violations and the EPA’s response. Mr. Forbes stated an RFP has been sent out to hire a company to measure the vibration. Discussion followed.
Consider position description of Public Improvements Inspector (of Public Works Department) –
Mr. Rudy motioned to approve the position description for the Public Improvements Inspector as presented to the Council in their packets tonight. Motion seconded by Mr. Volk. Motion carried with four ayes and one nay by Ms. Aldridge.
Consider position description of Water Operator (of Public Works Department) –
Mr. Rudy motioned to approve the position description for the Water Operator as presented to the Council in their packets tonight. Motion seconded by Mr. Volk. Motion carried with four ayes and one nay by Ms. Aldridge.
Discussion of access to the “Internet” by Town Government Computers –
Mr. Rudy motioned that under the auspices of Ordinance #1164 that the Town Council hereby authorizes each computer terminal connected to the town government network and each person authorized to use such terminals have access to the Internet with the understanding that they must follow all the requirements of Ordinance #1164 as to government use. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Waiving of building permit fees for generator change-out at Lift Station #1 (10450 Wicker Avenue) –
Mr. Rudy motioned that the Town Council waive the $45.00 electrical permit fee for the change out of the backup generator at Lift Station #1. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Consider additional “deferred compensation carrier” for the Town employees –
Mr. Rudy motioned for unanimous consent to amend the agenda to include this Ordinance #1329 which would implement a deferred compensation program. Motion seconded by Ms. Aldridge. Motion unanimously passed.

Mr. Rudy motioned to approve with unanimous consent the first reading of Ordinance #1329, an Ordinance establishing a deferred compensation program for the employees of the Town of St. John. Motion seconded by Ms. Aldridge. Motion unanimously passed.

Mr. Rudy motioned to approve and adopt Ordinance #1329, on second reading, an Ordinance establishing a deferred compensation program for the employees of the Town of St. John. Motion seconded by Mr. Winterhaler. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Rudy mentioned the Olcott Avenue flooding problem (between 9812 and 9828 Olcott) and asked that the Town Engineer complete his report as soon as possible and corrective action taken.

Mr. Rudy referenced a letter he received today that the attorney from Barnes and Thornburg sent to the Lake County Council indicating that the Town hereby requests a particular person be the County Council’s appointee to St. John’s Economic Development Commission. It is his understanding that the Town Council was not going to make new appointments to take effect next year that they would be left for the Town Council that takes effect January 1st. He believes the letter should be withdrawn. Mr. Rudy motioned that the Town Council communicate through their legal counsel, to the Lake County Council indicating the Town Council will supply a name for the EDC at the Town Council’s earliest convenience in January. Motion seconded by Mr. Winterhaler. Motion carried with 4 ayes and one nay by Ms. Aldridge.

Mr. Volk mentioned the Novo Selo subdivision on the Northeast side of town and the problems with flooding. Mr. Kil stated the developer has said corrective action will be taken, as money is available. The developer will not give a firm answer. Mr. Rudy stated the Plan Commission has taken action through Public Works.

Clerk-Treasurer
Ms. Sury stated that Ms. Schild went to Lake County to file the CF1 form; the County informed her that there is a signature missing on the last page of the resolution. The Town Council President at the time of resolution adoption (Ms. Aldridge) must sign even though she voted nay.

Ms. Sury asked for approval to pay two bills for services at the end of the year. Mr. Rudy motioned to approve for payment and issue the check based upon the invoice presented from Mr. Wickland for legal services dated December 30, 2003. Motion seconded by Ms. Aldridge. Motion unanimously passed.

Mr. Rudy motioned to approve for payment the invoice dated December 24, 2003 from Baker and Daniels in the amount of $2,330.00 but that we withhold the processing of the check until we receive to our satisfaction a detailed invoice that identifies the hours for each task in each day. Motion seconded by Mr. Winterhaler. Motion unanimously passed.

Staff
Mr. Kil stated that it was a pleasure working with the Town Council and wished them the best.

Payment of Bills -

#8872 through #9076 in the amount of $998,877.23 for the Corporation – Mr. Rudy motioned to approve for payment vouchers #8872 through #9076 inclusive but that we withhold the processing of the check for voucher #9075 to Baker and Daniels until they produce to our satisfaction the detail of the hours worked by person, by day. Motion seconded by Ms. Aldridge. Motion unanimously passed.

Business from the Floor

Mrs. Mary Ellen Rassel, 9112 Tapper asked about the evidence regarding her husband’s dismissal from the Police Commission. She questioned the information Mr. Rudy received and referenced his quote in today’s newspaper. She also referenced the Ethics Ordinance and notification of the complaint and the hearing. They were not notified; nor have they seen the evidence. Mr. Rudy stated no one stated that the Ethics Ordinance was violated nor did the event occur when the Ethics Ordinance was in place. The word “ethics” that was mentioned was in the broad term. Ms. Aldridge stated that he signed a roster that clearly states “police officer”.

Mr. Gary Rassel, 9112 Tapper stated that the car wash is for police and city vehicles. He was not aware it was limited to just those vehicles and he believed it was a courtesy extended to town officials.

Adjournment –

Ms. Aldridge motioned to adjourn the meeting. Motion seconded by Mr. Rudy. Motion unanimously passed. Meeting adjourned at 8:25 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

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