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Town Council Meeting Minutes 2004

Meeting Minutes

01-01-2004 Town Council

January 1, 2004 Town Council Meeting Minutes

Mr. Fryzel called the St. John Town Council Special meeting to order at 12:07 p.m. and led the Pledge of Allegiance.

Roll call was taken with the following members present: Michael Fryzel, Jerri Teibel, Gregory Volk, Charles Pearson, Mark Barenie, Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

Election of Officers

President – Ms. Teibel nominated Mike Fryzel as President. Seconded by Mr. Pearson. Motion unanimously passed.

Vice-President - Mr. Pearson nominated Ms. Teibel as Vice-President. Seconded by Mr. Barenie. Motion unanimously passed.

Annual Appointments and Appointment to Boards and Commissions – Ms. Teibel motioned that the firm of Austgen, Decker & Phillips, P.C. as the Town Attorney as well as the Police Commission Attorney; the law firm of Wieser & Sterba as the Sanitation District and Water District Attorney; and the firm of Robinson Engineering as the Town Engineer. Motion seconded by Mr. Pearson. Motion carried with four ayes and one nay by Mr. Volk.

Ms. Teibel, in regards to the Waterworks District, motioned that Mr. Robert Myers with a term to expire 12-31-07; Mr. Kenneth Gembala with a term to expire 12-31-04; and Mr. Alex Monanteras with a term to expire 12-31-06 be appointed to the Water Board. Motion seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson, in regards to the Sanitary District, motioned that Mr. Robert Myers with a term to expire 12-31-07 and Mr. Kenneth Gembala with a term to expire 12-31-04 be appointed to the Sanitary Board. Motion seconded by Mr. Barenie. Motion unanimously passed.

Mr. Barenie, in regards to the Redevelopment Commission, motioned to appoint the members of the Town Council as the Redevelopment Commission with terms to expire 12-31-04. Motion seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson, in regards to the Police Commission, motioned to appoint Mr. Robert Long with a term to expire 12-31-06; Mr. William Dodaro, with a term to expire 12-31-06; and Mrs. Rose Hejl with a term to expire 12-31-05 to the Board of Metropolitan Police Commissioners. Motion seconded by Mr. Barenie. Motion carried with four ayes and one nay by Mr. Volk. Ms. Teibel asked that the recent vacancy on the Police Commission be handled at a future meeting. Everyone was in agreement.

Mr. Barenie, in regards to the Planning Development & Advisory Committee, motioned to appoint Mrs. Patricia Kocot with a term to expire 12-31-05 and Mr. Dan Bielski with a term to expire 12-31-06. Motion seconded by Ms. Teibel. Motion carried with four ayes and one nay by Mr. Volk.

Ms. Teibel, in regards to the Plan Commission, motioned to appoint Mr. Mike Forbes with a term to expire 12-31-07 as a citizen’s appointment; Mr. Tim Foley, Mr. Jay Dahlin, and Mr. Steve Kil all those terms to expire 12-31-04 as annual staff appointments. Mr. Volk stated that Mr. Foley meets with contractors and he believes that would be a conflict. Discussion followed. Motion seconded by Mr. Pearson. Motion carried with four ayes and one nay by Mr. Volk.

Mr. Barenie, in regards to the Park Board, motioned to appoint Mr. Ken Matone with a term to expire 12-31-07 and Mr. Chris Gill who will be completing the term of Mr. Patrick Philbin. Mr. Volk stated that Mr. Gill has a lawsuit against the Town and does not feel it is appropriate to have Mr. Gill on the Board at this time. Mr. Austgen referenced a law whereas this is not considered as a conflict. Motion seconded by Mr. Pearson. Motion carried with four ayes and one nay by Mr. Volk. Mr. Fryzel thanked Mr. Philbin on behalf of the Town Council for the time he served on the Park Board.

Mr. Fryzel deferred the Economic Development Commission appointment until the January 20, 2004 Special Meeting of the Town Council as this individual must be formally nominated by the County Council. It is most likely the County Council will act on this nomination at the January 13, 2004 Regular meeting.

Ms. Teibel, in regards to the Contractors Review Board, motion to appoint Mr. Tim Foley, Mr. William Keith, Mr. Emery Vamos, and Mr. Ralph Ehresman and Mr. Rhuben Pittman all with terms to expire 12-31-04. Motion seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to recommend to the Plan Commission that they appoint Mr. Mike Forbes to the Board of Zoning Appeals with a term to expire 12-31-04. Motion seconded by Mr. Barenie. Motion unanimously passed.

Mr. Volk motioned to send RFP’s to various law firms so the Town Council can review and compare different types of services, policies, and hourly fees. And to retain Mr. Wickland on a monthly basis until they make that decision. Motion failed due to a lack of a second.

Ms. Teibel motioned, in respect to the Plan Commission and Park Board levels, that the Town Council sends a recommendation to these respective bodies in regards to legal council that the appointment be the law firm of Austgen, Decker and Phillips, P.C. Motion seconded by Mr. Barenie. Motion carried with four ayes and Mr. Volk abstaining.

Ms. Teibel made a motion for the following liaison assignments for 2004: Plan Commission and Board of Zoning Appeals is Mr. Volk; Park Board is Mr. Barenie; Sanitation and Water Board is Ms. Teibel; Police Commission is Mr. Pearson; Fire Department and Public Works is Mr. Fryzel; N.I.R.P.C. is Ms. Teibel; Solid Waste Management District is Mr. Pearson. Motion seconded by Mr. Barenie. Motion unanimously passed.

Consider Fueling System Up-Grade –
Ms. Teibel, based on the recommendation of the Town Manager, motioned to award the contract pertaining to the fuel upgrade system to the one recommended by Mr. Kil as outlined. Proposal received from B & K Equipment in the amount of $10,767.40 with an additional expense of $3,500.00 for the miscellaneous expenses such as the communication cable, concrete and pad and conduit. Project not to exceed $14,267.40. Discussion followed. Motion seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1328, amending Ordinance #1239, the same being the Ambulance Billing Ordinance –
Ms. Teibel motioned to unanimously consider Ordinance #1328 on first reading. Motion seconded by Mr. Pearson. Roll call vote: Ms. Teibel, yes; Mr. Volk, yes; Mr. Pearson, yes; Mr. Barenie, yes; Mr. Fryzel, yes. Motion unanimously passed.

Ms. Teibel motioned to unanimously adopt on first reading Ordinance #1328, an ordinance amending Ordinance #1239, the same being the Ambulance Billing Ordinance. Motion seconded by Mr. Barenie. Motion unanimously passed.

Presentation of Capital Improvement Projects –
Mr. George Budwash, Director of Engineering at Robinson Engineering introduced Mr. James Harmening, Manager of the Indiana Division and Mr. Ed Rudd, they are GIS coordinators. Mr. Budwash presented a brief framework of projects he thinks the Town should consider over the next year.

Adjournment –

No motion was taken to adjourn the meeting. Meeting adjourned at 12:40 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

01-22-2004 Town Council

January 22, 2004 Town Council Meeting Minutes

Mr. Fryzel called the St. John Town Council Special meeting to order at 7:15 and led the Pledge of Allegiance.

Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

New Business

Consider Ordinance #1330, an ordinance-repealing Ordinance #447 (dissolving the Economic Development Commission) –
Mr. Barenie motioned to unanimously consider Ordinance #1330, an ordinance repealing Ordinance #447 on first reading. Motion seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1330, an ordinance repealing Ordinance #447. Motioned seconded by Mr. Pearson. Motion carried with four ayes and one abstention by Ms. Teibel.

Consider Ordinance #1331, an ordinance re-establishing the Town of St. John Economic Development Commission –
Mr. Barenie motioned to unanimously accept on first reading Ordinance #1331, an ordinance re-establishing the Town of St. John Economic Development Commission. Motion seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1331, an ordinance re-establishing the Town of St. John Economic Development Commission. Motion seconded by Mr. Pearson. Motion carried with four ayes and one abstention by Ms. Teibel.

Consider Proposal to update Comprehensive / Thoroughfare Plan (favorable recommendation from Plan Commission to employ the firm of Solomon, Cordwell and Buenz) –
Mr. Volk believes the contract will require more public meetings and will result in cost overruns. Discussion followed. Ms. Teibel, with favorable recommendation from the Plan Commission, motioned to employ Solomon, Cordwell and Buenz and Associates, Inc. to update the Comprehensive / Thoroughfare Plan with a budget not to exceed $71,000.00. Motion seconded by Mr. Pearson. Motion unanimously passed.
Consider Schild L.L.C. CF-1 Form –
Mr. Pearson motioned to file the Schild L.L.C. CF-1 form with all the Council signatures including the President. Motion seconded by Ms. Teibel. Motion unanimously passed.
Consider appointments to Economic Development Commission (EDC) –
Mr. Pearson motioned to approve Resolution #04-01-22, a resolution nominating Ronald Estep to the Economic Development Commission. Motion seconded by Mr. Barenie. Motion carried with four ayes and one abstention by Ms. Teibel.

As the Town Council President, Mr. Fryzel appointed Mr. George Bellamy to the EDC for a term of February 1, 2004 to January 31, 2007.

Mr. Fryzel accepted the nomination of the Town Council and appointed Mr. Ronald Estep to the EDC for a term of February 1, 2004 to January 31, 2006.

Adjournment –

the meeting adjourned at 7:44 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

01-29-2004 Town Council

January 29, 2004 Town Council Meeting Minutes

Mr. Fryzel called the St. John Town Council Regular meeting to order at 7:05 p.m. and led the Pledge of Allegiance.

Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

Approval of the minutes of the December 16, 2003 Executive Session and the December 30, 2003 Town Council Regular Meeting –

Mr. Pearson motioned to accept the minutes of December 16, 2003 Executive Session and the December 30, 2003 Regular Meeting. Motion seconded by Ms. Teibel. Motion unanimously passed.

Public Hearings

Consider Ordinance #1324, Loan$um Pawn (8167 Wicker Avenue) Annexation –
Mr. Austgen stated that the Proofs of Publication are in order. The meeting was opened for public comment. Hearing none, the floor was closed. Ms. Teibel motioned to consider Ordinance #1324, an ordinance for the Loan$um Pawn annexation. Motion seconded by Mr. Barenie. Motion unanimously passed.
Consider Ordinance #1320, Lake Hills Property Annexation –
Mr. Austgen stated that the Proofs of Publication are in order; he also stated that this is an involuntary annexation of 100% of the property. Mr. Kil stated he has spoken to Keith Blais and Jim Wieser, he believes that they always wanted to be part of the Town of St. John. Mr. Wieser, Attorney for the developer V3 Realty, stated that the developers wanted to be part of St. John and are willing to submit a petition for voluntary annexation, which will include R1 zoning. Mr. Volk asked if the annexation could be voluntary or whether they can proceed with involuntary. Discussion followed.

The meeting was opened for public comment.

Edward Marek, 10135 West 93rd Avenue - asked why the annexation was withdrawn last year. Mr. Kil stated that there was some confusion because the town was enacting a new zoning ordinance. Mr. Marek also asked how much traffic the roads can handle. Mr. Kil stated the Plan Commission looks at that during the planning process. Mr. Marek asked that the sharp curve by the golf course be taken into consideration.

Joseph Hero, 11723 South Oakridge Dr. - recommended that the Board act on the issue tonight. He asked Mr. Austgen to recuse himself as he represented a Mr. Kuiper who had property that needed a sewer line run through Lake Hills. Mr. Austgen does not see a conflict and will not recuse himself. He will report any conflict through the proper forum. Mr. Hero expressed concern that Mr. Wieser is the attorney for the Sanitary Board and he is representing the developer at the county level. He asked that Mr. Wieser remove himself as attorney for the Sanitary Board. Mr. Hero then welcomed the new Town Council and asked that they remember their oaths. Mr. Hero asked that the annexation go through tonight; he stated that Mr. Wieser could have brought his voluntary petition tonight and how the developer went to the County when the Town would not give them the zoning they wanted.

Kristie Aldridge, 9567 Hickory - gave a brief history of the annexation and recommended that the board vote in favor of the annexation tonight.

Dan and Lee Marias, 9200 Park Drive - an adjacent property owner; supports the annexation of this property as R1. He referenced a signed petition by 236 St. John residents who are prepared to remonstrate to the Lake County Plan Commission on a request by V3 Realty from R1 to R3. He referenced school overcrowding and how people are drawn to this community because of the country-like atmosphere.

Keith Massey, 10090 West 93rd Street - an adjacent property owner; asked if the plan for townhouses and duplexes will be thrown out. Mr. Fryzel stated under the Town’s ordinance, they must come in as R1. Any zoning changes must be done before the Plan Commission.

James Wieser, as attorney for the petitioner, remonstrated against the ordinance. He stated that over 50% of property is already zoned multi-family with the county. They will immediately request a change in zoning. He explained the history of their interaction with the previous Town Council in regards to the fiscal plan requirement and a change in the ordinance.

Edward Marek – asked what size the lots have to be in county.

Joseph Hero remonstrated against Mr. Wieser’s remonstrance regarding the previous Town Council’s concerns of the submitted fiscal plan, and what has been presented to the County regarding lot sizes and water and sewer accessibility.

James Wieser remonstrated against Mr. Hero’s previous comments; there has never been a representation to the County, he has acknowledged to the County that they are in the St. John Sanitary and Water Planning District boundaries.

Joseph Hero stated for the record that he agrees with what Mr. Wieser said; however, when requesting the re-zoning there is the implication that they have the water and sewer because they are in the planning district, which is not the same as being in the district.

Kristie Aldridge stated for the record that she is not sure if everything Mr. Wieser said is true; however they did go on advice of their legal counsel at the time. At this time she would like to see them to go under St. John’s zoning for townhouses and duplexes and not the County zoning.

Michael Forbes, 12466 W. 105th Place - stated that the involuntary annexation should be dropped. 100% of the homeowners are against it. He would like to see the property developed under St. John and not the County. There would be no advantage to pursue this matter, which would result in unnecessary legal fees.

The floor was closed for public comment at 7:45 p.m.

Mr. Kil stated that there is no advantage to the annexation unless they had 51% of the property owners and 75% of the assessed value. He also said that the intent of the development was always to be in the Town of St. John. He recommends the involuntary annexation be dismissed.

Mr. Pearson motioned to defer any action and entrusted Mr. Wieser and Mr. Blais to come into St. John voluntarily. Motion seconded by Ms. Teibel. Motion carried with four ayes and one nay by Mr. Volk.

New Business

Acknowledgement and Approval of Uniform Conflict of Interest Disclosure Statement (Jerri Anne Teibel) –
Ms. Teibel presented the Uniform Conflict of Interest Disclosure Statement per Indiana Code 35-44-1-3 in regards to St. John Market Place LLC in which she has a pecuniary interest and publicly disclosed her interest to the Town Council for approval. Mr. Barenie motioned to approve the conflict of interest disclosure by Ms. Teibel of her pecuniary interest in the St. John Market Place, LLC. Motion seconded by Mr. Pearson. Motion carried with four ayes and one abstention by Ms. Teibel.
Consider Ordinance #1332, an ordinance-amending Ordinance #1318 (Salary ordinance – rate of pay for Assistant Fire Chief, Firefighter and Billing Clerk) –
Mr. Barenie motioned to unanimously consider on first reading Ordinance #1332, an ordinance amending Ordinance #1318. Motion seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1332, an ordinance amending Ordinance #1318, salary ordinance amending the rate of pay for the Assistant Fire Chief, Firefighter and Billing Clerk. Motion seconded by Ms. Teibel. Motion unanimously passed.

Consider Resolution #04-01-29, a resolution authorizing the purchase of a BLS Ambulance from the Town of Merrillville –
Mr. Barenie motioned to pass resolution #04-01-29, a resolution authorizing the purchase of a BLS ambulance from the Town of Merrillville. Motion seconded by Mr. Pearson. Motion unanimously passed.
Consider 2004 Contract with St. John Volunteer Fire Department –
Mr. Pearson motioned to accept the contract with the St. John Volunteer Fire Department as stated in the contract. Motion seconded by Ms. Teibel. Motion unanimously passed.
Consider approval of Mutual Aid Agreement with Township Trustee’s Office for fire protection services –
Ms. Teibel motioned to approve the Mutual Aid Agreement with the Township Trustee’s Office for fire protection services. Motion seconded by Mr. Barenie. Motion unanimously passed.
Consider approval of 2004 St. John Volunteer Fire Department Roster –
Mr. Barenie motioned to approve the roster as presented in their binders. Motion seconded by Ms. Teibel. Motion unanimously passed.
Consider 2004 Contract with Lake Hills Fire Department –
Ms. Teibel motioned to consider the contract with the Lake Hills Fire Department for $6,684.00 per year starting with the year 2004, and not collecting any funds that were due for the past two years that were not paid. Motion seconded by Mr. Pearson. Motion unanimously passed.
Consider 2004 donation to the Quad Town Safety Village (in amount of $2,000.00) –
Mr. Volk motioned to donate $2,000.00 to the Quad Town Safety Village contingent on them providing a current financial statement to the Town of St. John. Motion seconded by Ms. Teibel. Motion unanimously passed.
Consider Contract Agreement with St. John Township Trustee’s Office regarding Senior Citizens Bus for Year 2004 (in the amount of $1,500.00) –
Ms. Teibel motioned to accept the contract agreement with the St. John Township Trustee’s Office regarding the Senior Citizens Bus for the year 2004. Motion seconded by Mr. Pearson. Motion unanimously passed.
Consider request by Police Department to auction used police vehicles –
Ms. Teibel motioned to authorize the St. John Police Department to auction their used police vehicles via a sealed bid and the money will be placed into the Police Department Special Fund #275. Motion seconded by Mr. Pearson. Motion unanimously passed.
Review and approval of Site Lease Agreement for SpectraSite –
Mr. Pearson motioned to approve the amendment to the Site Lease Agreement and authorize the Town Council President to execute said agreement. Motion seconded by Ms. Teibel. Motion unanimously passed.

Reports and Correspondence

Town Council
Mr. Pearson asked Mr. Kil to send a letter to Chief Guzik inquiring as to how much it would cost to increase the number of reserve Auxiliary Police Officers from eight to twelve.

Mr. Fryzel asked Mr. Kil to send a letter to the Fire Department inquiring as to how much it would cost to increase the number of volunteer firefighters from 42 to 50.

Clerk-Treasurer
Approve payment of $10,000 for the Court filed appraisal in the case of Storage Inn – Mr. Pearson motioned to pay the sum of the $10,000 payable to the Lake Superior Court of Lake County pertaining to the case of Storage Inn. Motion seconded by Mr. Barenie. Motion carried with four ayes and one abstention by Ms. Teibel.

Appointment to Planning & Development Advisory Committee to fill vacancy created by Mr. Egnatz is scheduled for the February Study Session.

Staff
Mr. Kil stated that the Town of Merrillville has not passed the resolution to sell the ambulance. He would like to take receipt of the ambulance and withhold the check until passage of their resolution.

Mr. Kil discussed the problem with the local postmaster regarding the placement of mailboxes in new subdivisions. He prepared a resolution asking Congressman Visclosky to intervene. Mr. Barenie motioned to accept Resolution #04-01-29A, a resolution requesting a congressional inquiry into the conduct of the local Postmaster. Motion seconded by Ms. Teibel. Motion unanimously passed.

Payment of Bills

#7000 through #7164 in the amount of $675,926.38 for the Corporation – Mr. Pearson motioned to approve payment of bills #7000 - #7164 in the amount of $675,926.38. Motion seconded by Ms. Teibel. Motion unanimously passed.

Business from the floor

Kristie Aldridge, asked how close the ambulance service is in getting advanced life support. Mr. Fryzel stated that they are looking into that including the cost involved and the acquisition of another ambulance. They will have something done in the near future.

Adjournment –

Ms. Teibel motioned to adjourn. Seconded by Mr. Pearson. Meeting adjourned at 8:20 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-26-2004 Town Council

February 26, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:08 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

Presentations:

Special Recognition to Cobras Softball Team, Hurricanes 12U Softball Team and Hurricanes 14U Softball Team – Mr. Barenie recognized the 2002 Indiana Hurricanes 12 and under Girls Traveling Softball Team for achieving 1st Place at the Hoosier State Games and 3rd Place at the ASA State of Indiana State Champions.

Mr. Barenie then recognized the Cobras Softball Team for their achievement as the Indiana National Softball Association Champions for 2002.

Mr. Barenie also recognized the 2003 Indiana Hurricanes 14 and under Girls Traveling Softball Team for their achievement as Indiana NSA State Champions, 5th Place NSA National Championship and 2nd Place NSA Super World Series.

Approval of the minutes of the January 1, 2004 Special Meeting; the January 22, 2004 Special Meeting; the January 22, 2004 Executive Session; and the January 29, 2004 Regular Meeting –

Ms. Teibel motioned to approve said minutes. Seconded by Mr. Pearson. Motion unanimously passed.

Public Hearings

Consider Ordinance #1323, Christopher and Jacobson Drive(s) Annexation –
Mr. Austgen stated that the Proofs of Publication are in order. Mr. Kil summarized the anticipated initial expense to the Town of $300,000 for the upgrades and improvements to bring up the area to Town standards.

Public Comment

Julie Gilbert, 8621 Christopher Drive – gave an overview of the demographics of the residents living in this area. She stated the residents are concerned about their part of the costs for the upgrades to the roads and sewer.

Michael Forbes, 12466 West 105th Place – stated that the previous Council’s intent was not about land grabbing; they were looking at areas that had water and sewer services extended to them.

Public comment closed.

Mr. Pearson motioned to deny and dismiss Ordinance #1323. Seconded by Ms. Teibel. Motion unanimously passed.

Consider Ordinance #1317, Rybarski property Annexation –
Mr. Austgen referred to the four-page remonstrance received from the developer’s attorney. He reviewed the significant items and recommended that the annexation process start over. Also, he concurred with the remonstrance that the public notice requirements as well as certain document items are improper and do not meet the standards and guidelines.

Ms. Teibel motioned to dismiss Ordinance #1317 in favor of voluntary annexation. Seconded by Mr. Pearson. Motion carried with four ayes and one nay by Mr. Volk.

Consider Ordinance #1335, Lake Hills / V3 Realty property Annexation –
Mr. Austgen stated that the Ordinance is not ready to proceed tonight. The property’s legal description must be amended due to parcels being added and deleted.

Ms. Teibel motioned to dismiss Ordinance #1335, Lake Hills / V3 Realty in favor of the amended petition filed today. (Public Hearing March 25th.) Seconded by Mr. Barenie. Motion unanimously passed.

Consider Ordinance #1336, Cornerstone Development property Annexation –
Mr. Austgen stated that the Proofs of Publication are in order. Mr. James Wieser, the attorney of record for Cornerstone Development, gave an overview of the property.

Public Comment

Joseph Hero, 11723 South Oakridge Drive – stated that he has not seen the Ordinance. He compared the clauses in the V3 Ordinance and stated they should not be in this Ordinance.

Floor closed for public comment.

Mr. Pearson motioned to consider on first reading Ordinance #1336, the Cornerstone Development property annexation. Seconded by Ms. Teibel. Motion carried with four ayes and until he views the fiscal plan, one abstention by Mr. Volk.

New Business

Consider Ordinance #1333, amending Master Traffic Ordinance #511 (various additions) –
Mr. Pearson motioned to consider on first reading Ordinance #1333, amending the Master Traffic Ordinance #511 (various additions). Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1333, amending the Master Traffic Ordinance #511 (various additions). Seconded by Ms. Teibel. Motion unanimously passed.

Consider Ordinance #1334, authorizing Issuance and Sale of Limited Obligation Bonds –
Mr. Pearson motioned to consider Ordinance #1334, authorizing the Issuance and Sale of the Limited Obligation Bonds. Seconded by Mr. Barenie. Motion carried with three ayes, one nay by Mr. Volk, and one abstention by Ms. Teibel.
Consider contract submitted by Robinson Engineering for Town services –
Ms. Teibel motioned to approve the contract submitted by Robinson Engineering as presented and to authorize the Town Council President to execute said contract. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for St. John Professional Center, Inc. –
Ms. Teibel motioned to consider the annual CF-1 Form for St. John Professional Center, Inc. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for J. L. Shandy Transportation, Inc. –
Mr. Barenie motioned to consider the annual CF-1 Form for J. L. Shandy Transportation, Inc. Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual CF-1 Form for Dennis Meyers – Meyers Development –
Ms. Teibel motioned to consider the annual C-1 Form for Dennis Meyers – Meyers Development. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for Perm Industries, Inc. –
Mr. Pearson motioned to consider the annual C-1 Form for Perm Industries, Inc. Seconded by Ms. Teibel. Motion unanimously passed.
Consider one (1) appointment to St. John Police Commission –
Mr. Pearson motioned to appoint Mr. Donald Farris to the St. John Police Commission. Seconded by Mr. Barenie. Motion carried with three ayes, one nay by Mr. Volk and one abstention by Mr. Fryzel.
Consider two (2) appointments to Planning & Advisory Development Commission –
Mr. Barenie motioned to defer the consideration for the two appointments to the Planning and Advisory Development Commission until the applications are reviewed. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Lake County Public Library property rezoning at 9450 Wicker Avenue (favorable recommendation from the Plan Commission) –
Mr. Kil stated that an ordinance is not prepared and asked that this item be deferred until March 18th meeting. Ms. Teibel motioned to defer the Lake County Public Library property rezone to the March 18th meeting. Seconded by Mr. Pearson. Motion unanimously passed.
Consider Letter of Credit for Three Springs Subdivision – Phase I “maintenance” for $111,161.60 (favorable recommendation from the Plan Commission) –
Mr. Barenie motioned to consider the Letter of Credit for Three Springs Subdivision – Phase I “maintenance” for $111,161.60. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Letter of Credit for Three Springs Subdivision – Phase I “improvements” $166,474.18 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to consider the Letter of Credit for Three Springs Subdivision – Phase I “improvements” for the sum of $166,474.18. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Letter of Credit Reduction for Weston Ridge – Unit 2 to $84,899.58 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to consider the Letter of Credit Reduction for Weston Ridge – Unit 2 to $84,899.58. Seconded by Mr. Pearson. Motion unanimously passed.
Consider Letter of Credit Reduction for Weston Ridge Cottage Homes to $76,885.82 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to consider the Letter of Credit Reduction for Weston Ridge Cottage Homes to $76,885.82. Seconded by Mr. Pearson. Motion unanimously passed.
Consider Letter of Credit Reduction for Woods of Weston Ridge to $95,217.10 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to consider the Letter of Credit Reduction for the Woods of West Ridge to $95,217.10. Seconded by Mr. Pearson. Motion unanimously passed.
Consider motion for Fire Department EMT Personnel to carry over vacation and personal time to the end of March 2004 –
Ms. Teibel motioned for the Fire Department EMT Personnel to carry over their vacation and personal time to the end of March 2004. Seconded by Mr. Barenie. Motion unanimously passed.
Consider proposed 2004 Road Project –
Mr. Pearson motioned to consider the proposed 2004 Road Project. Seconded by Mr. Barenie. Motion unanimously passed.
Consider “Notice to Bidders” for disposal of various Public Works Department Equipment –
Ms. Teibel motioned to consider the “Notice to Bidders” for disposal of the various Public Works Department’s Equipment as listed. Seconded by Mr. Pearson. Motion unanimously passed.
Consider request to amend motion from January 29, 2004 meeting concerning the sale of old police vehicles – regarding depositing monies into Special Fund #275. (Make sure money deposited into General Fund stated in motion) –
Ms. Teibel motioned to consider the request to amend the motion from the January 29, 2004, meeting concerning the sale of old police vehicles – regarding depositing the monies into the Special Fund #275, to transfer the monies from Special Fund #275 into the General Fund. Seconded by Mr. Barenie. Motion unanimously passed.
Consider proposals submitted to review ANR Pipeline vibration issues –
Mr. Kil stated that he met with some of the residents residing in the problem area. They would like to wait until the weather gets better so they can get more accurate testing results. Mr. Barenie motioned to award this project to K & S Engineers for an amount not to exceed $8,300.00. Ms. Teibel seconded. Motion unanimously passed.
Consider request for Tax Abatement from DeYoung (petitioner) through Attorney James Wieser –
Mr. Kil received a letter this afternoon from Mr. Wieser stating that the request has been withdrawn, therefore no action is required.

Reports & Correspondence

Town Council –
None.
Clerk-Treasurer

Consider approval of annual CF-1 Form for Rassel Associates – Ms. Teibel motioned to consider the approval of the annual CF-1 Form for Gary and Mary Ann Rassel for Rassel Associates. Seconded by Mr. Pearson. Motion unanimously passed.

Consider approval of annual CF-1 Form for Stanley and Mary Ellen Mize – Mr. Barenie motioned to consider the approval of the annual CF-1 Form for Stanley and Mary Ellen Mize. Seconded by Mr. Pearson. Motion unanimously passed.

Consider approval of annual CF-1 Form for MLC Investments – Mr. Pearson motioned to consider the approval of the annual CF-1 Form for MLC Investments. Seconded by Ms. Teibel. Motion unanimously passed.

Staff –
None.

Payment of Bills -

#7165 through #7341 in the amount of $606,057.64 for the Corporation – Ms. Teibel motioned to approve the payment of bills invoices #7165 through #7341 in the amount of $606,057.64 for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment

Dan Marias, 9200 Park Drive – stated that he would like the meeting agendas, minutes, and ordinances to be posted on the Town web site.

Floor closed for public comment.

Mr. Fryzel read a statement regarding an article in the Post Tribune regarding the purchase of a new aerial fire truck.

Adjournment –

Mr. Fryzel adjourned the meeting at 8:40 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-18-2004 Town Council

March 18, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; and Steve Kil, Town Manager. Sherry Sury, Clerk-Treasurer was absent.

New Business

Consider Ordinance #1334, authorizing Issuance and Sale of Limited Obligation Bonds (second reading) –
Mr. Barenie motioned to adopt Ordinance #1334 authorizing the Issuance and Sale of Limited Obligation Bonds. Seconded by Mr. Pearson. Motion carried with three ayes, one nay by Mr. Volk and one abstention by Ms. Teibel.
Consider Ordinance #1336, annexation of Cornerstone Development property (second reading) –
Mr. Wieser, Attorney for Cornerstone Development, asked that this be delayed until the Town Council meeting on March 25th so the Council would have time to review the Fiscal Plan which was delivered today.
Consider Ordinance #1337, rezoning of Lake County Public Library at 9450 Wicker Avenue (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to adopt Ordinance #1337, the rezoning of the Lake County Public Library at 9450 Wicker Avenue. Seconded by Mr. Barenie. Motion unanimously passed.
Consider request for Tax Abatement from Welch Partners, LLC, Petitioner (through Attorney James Wieser) –
Council members agreed to 5-year tax abatement except Mr. Volk who favored no tax abatement. Item scheduled for the March 25th meeting.
Consider MS4 Stormwater Project – Service Proposal from Butler, Fairman & Seufert –
Peter Kohut, Vice-President of BF&S explained the program with the steps necessary for the Town to meet IDEM requirements for this project. Part A is done; Part B is due May 1, 2004; Part C is due November 1, 2004. Ms. Teibel motioned to award Part B of the MS4 Program to BF&S in an amount not to exceed $16,500.00. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Ethics Ordinance #1313, review of contents and proposed amendments (Town Attorney) –
Mr. Austgen reviewed the existing ordinance for clarity, ease of administration and NIRPC compliance. He recommended an Ethics Officer to filter complaints. Discussion followed regarding who that person should be and the procedure for complaints. Ms. Teibel motioned to consider the first reading of Ordinance #1313 and that it to include the proposed amendment to Section 6a. Seconded by Mr. Pearson. Motion unanimously passed.
Transfer of Surplus Property to Lake Hills Volunteer Fire Department (1998 Chevy Caprice for $1,100.00) –
Ms. Teibel motioned to sell the 1998 Chevy Caprice in the amount of $1,100.00 to Lake Hills Fire Department. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
None.
Clerk-Treasurer –
None.
Staff
Mr. Kil stated that INDOT must be notified that the Town accepts the last deed of record for the property the bike trail is on. He will send a letter to them.

Also, INDOT formally accepted the agreement sent forth on the Emergency Vehicle Preemption System, which would be the Opticom System. He would like First Group Engineering to get started and has a price for about $10,000.00 for the design of the five locations in the community. The total project will cost just under $30,000.00.

A list of the bad debts for ambulance billing that need to be written off will be provided at the April meeting.

Mr. Kil commented on the Wireless Internet Agreement and that bids will be opened on April 8th for determination of the highest bidder.

Mr. Austgen stated that an update is needed for the ordinance regarding computer usage.

Public Comment –

None.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion unanimously passed. The meeting adjourned at 8:35 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-25-2004 Town Council

March 25, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

Approval of minutes of the February 26, 2004 Town Council Regular Meeting –

Mr. Pearson motioned to approve the minutes of the February 26, 2004 Town Council Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Public Hearings

Consider Ordinance #1338, Lake Hills / V3 Realty property annexation –
Mr. Kil stated the proofs of publication were in order. Attorney Randy Wyllie provided the opening remarks and introduced the Fiscal Plan. Mr. Volk asked about the absence of the 4 x 4 public notice signs and the legality of the public hearing. Mr. Kil stated they ran out of signs. Discussion followed.

Public Comment - None.

Mr. Volk stated that there were discrepancies in the parcel boundaries on the legal description and the fiscal plan. Mr. Kil said that he is certain this would be corrected by Metra Studies. Ms. Teibel motioned to consider on first reading subject to verification of the legal description, Ordinance #1338, the Lake Hills / V3 Realty property annexation. Seconded by Mr. Pearson. Motion unanimously passed. Mr. Austgen stated that given this is a first reading item only and given that there is a discrepancy concerning the posting of the signs, he suggested the public hearing be continued until April 15, 2004, and the ordinance be adopted one week later. Ms. Teibel amended her motion to continue the public hearing for Ordinance #1338, the Lake Hills/V3 Realty property annexation to April 15, 2004, subject to the posting of annexation signage on the property and changes to the fiscal plan. Seconded by Mr. Pearson. Motion unanimously passed.

Consider Annual CDBG (Community Development Block Grant) for 2004 –
Mr. Kil stated that the proofs of publication were in order and read the Opening Remarks for the CDBG Hearing.

OPENING REMARKS FOR CDBG PUBLIC HEARING

Each spring, the Lake County Community Economic Development Department applies to the U.S. Department of Housing and Urban Development (HUD) for new funding through the Community Development Block Grant program (CDBG).

One of the application requirements is to hold public hearings in the communities where CDBG funding is allocated in order to obtain input from the local citizens on the proposed use(s) of the new funding. For FY2004, the Town of St. John CDBG allocation is $31,680.00.

The most common use of CDBG funds is for infrastructure, including street reconstruction, sanitary sewers, water line extensions, storm drainage improvements, sidewalks, and projects to remove architectural barriers (handicapped access), such as curb cuts and wheel chair ramps. CDBG funds may also be used to eliminate slums and blight through demolition of unsafe buildings or other clearance activities.

CDBG funded infrastructure projects may only be done in areas where the neighborhood is as least 51% low/moderate income according to HUD guidelines. In most cases, an income survey must be done to qualify the area for funding eligibility. The income information taken by the survey is strictly confidential, and is used solely for the purpose of determining the area’s eligibility for CDBG funding.

Handicapped access projects and demolition may be done anywhere in a community, without the need for area income determinations.

The public hearing is just the start of the application process for Lake County. There are a series of legal advertisements and comment periods that take place during the summer, prior to final grant approval from HUD in late August. New CDBG funding is released to the County and its entitlement communities on or around September 1st, and needs to be expended by June 13th of the following year.

After public comment tonight, three documents need to be read and adopted: the Affirmative Action Program, Section 3 Understanding, and a Resolution authorizing the Town Executive to submit a project proposal for CDBG funding.

Finally Project Applications, and supporting documentation, need to be submitted no later than April 15th for review by Lake County.

The floor is open for comments.

Public Comment.

Ms. Margo Sabato, Director of the South Lake County Community Services – provided an overview of the agency, they provide bus service for seniors and people with disabilities. She requested $4,000.00 of the CDBG funds for continuation of services.

Mitchell King, Program Monitor for the Lake County Community Economic Development Department – emphasized that the funds need to be expended in a timely fashion and requested that the project applications be submitted to his office by April 15th. He also provided his phone number to answer any questions.

Public Comment closed.

Ms. Teibel motioned that the Affirmative Action Plan Adoption be read verbatim and incorporated into the meeting minutes. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Kil read the Affirmative Action Program Implementing Section 3 of the Housing and Urban Development Act of 1968.

AFFIRMATIVE ACTION PROGRAM
IMPLEMENTING SECTION 3 OF THE
HOUSING AND URBAN DEVELOPMENT ACT OF 1968

SPECIFIC AFFIRMATIVE ACTION STEPS

TOWN OF ST. JOHN agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and project area businesses.

  1. To ascertain from the HUD Area Office, Director the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials of the department in preparing and implementing the affirmative action plan.
  2. To attempt to recruit from the appropriate areas the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan or the U.S. Employment Service.
  3. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source and to employ such persons, if otherwise eligible and if a vacancy exists.
  4. To insert this affirmative action plan in all bid documents, and to require all bidders to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish the goals.
  5. To insure that contracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project area, are also let on a negotiated basis, where ever feasible when let in a Section 3 covered project area.
  6. To formally contact unions, subcontractors and trade associations, to secure their cooperation for this program.
  7. To insure that all appropriate project area business concerns are notified of pending contractual opportunities.
  8. To maintain records including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken.
  9. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 affirmative action plan.

___________________________
Signature

TOWN COUNCIL PRESIDENT
Title

Mr. Kil read Section 3 Understanding.

LAKE COUNTY, INDIANA
Section 3 Understanding

The U.S. Department of Housing and Urban Development (HUD) issued regulations that provide the directive to creative job opportunities for low income persons when HUD funds are expended on a construction project. These regulations are known as Section 3 policy. The purpose of the Section 3 policy is to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons.

Section 3 covered projects are construction, reconstruction, conversion, or rehabilitation of housing, including reduction and abatement of lead based paint hazards, or other public construction which includes building and improvements assisted with HUD housing and community development assistance. Section 3 covered contracts do not include contracts for purchase of supplies and materials. However, whenever a contracts for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract.

Fund recipients and contractors must show compliance with the numerical goals set forth by the regulations. The numerical goals for new hires apply only to the number of new hires generated because of the financial assistance of the HUD programs. The numerical goals are not absolute numerical requirements. They are goals that each recipient and contractor should try to reach. The goals, if not met, do not trigger sanctions against the recipient or contractor. However, if challenged on the issue of compliance with Section 3, the recipient or contractor should be ready to demonstrate that they tried to reach these goals. The goals are as follows:

  • 30% of all covered new hires for the year beginning FY 2004

In addition, recipients and contractors are required to show compliance with the goal that at least 10% of any building trade activity, which is subcontracted, and 3% of non-building trade activity (construction management, etc.), is awarded to eligible Section 3 business concerns.

Further information regarding these requirements may be found in the Federal Regulations at 24 CFR 135 and the Lake County Section 3 Plan.

I certify and I have read the information above and understand the Section 3 requirements and numerical goals.

Name:_________________________________________________________________

Title:__________________________________________________________________

Date:__________________________________________________________________

Resolution #04-03-25B authorizing the 2004 CDBG Project, and directing the Town Council to submit the project proposal.

Mr. Kil asked if it is the wish of the Town Council, $4,000.00 would be submitted to the South Lake County Community Services Bus Program. The remainder of funds then allocated to the Park Department to provide for handicap accessibility within the parks. Anticipated project has already been signed off by Mr. King and the Economic Development Office, and would be the project submittal for this year.

RESOLUTION NUMBER 04-03-25B

A RESOLUTION AUTHORIZING AND DIRECTING
THE TOWN COUNCIL PRESIDENT OF THE TOWN OF ST. JOHN TO
SUBMIT A PROJECT PROPOSAL FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FEDERAL FISCAL YEAR 2004

WHEREAS, under the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended to date, Lake County, Indiana is authorized to provide financial assistance to units of general local government for undertaking and carrying out Community Development activities; and

WHEREAS, it is provided in such Act that the unit of general local government shall provide satisfactory assurance prior to submission of its Application, that is has held one public hearing to obtain the views of citizens on Community Development needs; and

WHEREAS, it is desirable and in the public interest that St. John, Indiana, hereinafter called the (“Town”), undertake and carry out Community Development activities; and

WHEREAS, the Town of St. John is proposing a project for assistance under the Housing and Community Development Act of 1974, as amended to date, and to proposes to undertake and make available a total project cost of Thirty-one thousand six hundred eighty dollars ($31,680.00); and

WHEREAS, the Town of St. John has held one formal public hearing on the proposed program and has made available to the general public, through the mass media and other sources, information concerning the program; and

WHEREAS, the Town of St. John has general knowledge of the proposed used such funds and cognizant of the conditions that are imposed in the undertaking and carrying out of Community Development activities and undertaking with Federal financial assistance under Title 1, including those prohibiting discrimination because of race, color, creed, sex or national origin;

NOW, THEREFORE, BE IT RESOLVED, by the Town of St. John, Indiana:

Section 1: That the Town Council President of the Town of St. John, Indiana is hereby authorized to file a Project proposal for funds under Title 1 of the Housing and Community Development Act of 1974, as amended to date, with Lake County, Indiana and provide all information and assurances as may be necessary under the Act.

____________________________
Michael S. Fryzel
TOWN COUNCL PRESIDENT

ST. JOHN TOWN COUNCIL
____________________________
____________________________
____________________________
____________________________

ATTEST:
________________________________
Sherry P. Sury
CLERK-TREASURER

Mr. Pearson motioned to approve Resolution #04-03-25B and authorize the Town Council President to submit any and all documents necessary for the project application. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Barenie motioned to enter into an agreement for the amount of $4,000.00 for powering the vehicles at South Lake Community Services Inc. and the Town. Seconded by Ms. Teibel. Motion unanimously passed.

New Business

Consider Resolution #04-03-25, approving fiscal plan related to Cornerstone annexation –
Mr. Pearson motioned to approve Resolution #04-03-25. Seconded by Ms. Teibel. Motion carried with 4 ayes and one nay by Mr. Volk.
Consider Ordinance #1336, an Ordinance annexing the Cornerstone Development property –
Mr. Barenie motioned to adopt Ordinance #1336, annexing the Cornerstone Development property. Seconded by Ms. Teibel. Motion carried with 4 ayes and one nay by Mr. Volk.
Consider Resolution #04-03-25A, a declaratory resolution related to the request for tax abatement from Welch Partners, L.L.C. (Petitioner: James L. Wieser) –
Ms. Teibel motioned to approve a 5-year abatement for the property in Resolution #04-03-25A. Seconded by Mr. Pearson. Motion carried with 4 ayes and one nay by Mr. Volk.
Consider Ordinance #1339, an amendment to Salary Ordinance #1318 (Park Department) –
Mr. Barenie motioned to consider on first reading Ordinance #1339, an amendment to the Salary Ordinance for the Park Department. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1339, an amendment to Salary Ordinance #1318. Seconded by Mr. Pearson. Motion unanimously passed.

Consider position description of Superintendent of Parks and Recreation (and permission to advertise for position) –
Mr. Pearson motioned to approve the position description and allow for the advertisement of same. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Ordinance #1340, an Amendment to Master Traffic Ordinance #511 (Woods of Weston Ridge) –
Mr. Barenie motioned to consider on the first reading Ordinance #1340, an amendment to the Master Traffic Ordinance #511 for the Woods of Weston Ridge subdivision. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1340, an amendment to the Master Traffic Ordinance for the Woods of Weston Ridge. Seconded by Mr. Pearson. Motion unanimously passed.

Consider Ordinance #1341, an Ordinance amending Ethics Ordinance #1313 (second reading) –
Mr. Pearson motioned to adopt Ordinance #1341, the Ordinance amending the Ethics Ordinance #1313. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Ordinance #1342, an Ordinance amending Ordinance #1025, establishing a Reserve Police Officer Program (increase to 20 reserves) –
Mr. Pearson motioned to consider Ordinance #1342, an ordinance amending Ordinance #1025 establishing a Reserve Police Officer Program. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1342, for the Reserve Police Officer Program. Seconded by Mr. Pearson. Motion unanimously passed.

Consider two appointments to the Planning & Development Advisory Commission –
Mr. Barenie motioned to appoint Mr. George Gawrys and Mr. Lyle Carlson to the Planning & Development Advisory Commission. Seconded by Mr. Pearson. Motion carried with 4 ayes and one nay by Mr. Volk.
Consider Lease Agreement with Suncrest Christian Church for recreational uses –
Agreement explained by Mr. Barenie and that the land will be used for the soccer programs. Mr. Barenie motioned to consider the lease agreement with Suncrest Christian Church for the described property. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Lease Agreement #3860 of Lamar Advertising –
Mr. Barenie motioned to approve Lease Agreement #3860 with Lamar Advertising and the Town of St. John. Seconded by Mr. Pearson. Motion unanimously passed.
Consider contract between St. John Township Trustee and St. John Volunteer Fire Department –
Ms. Teibel motioned to approve the contract between the St. John Township Trustee and the St. John Volunteer Fire Department. Seconded by Mr. Pearson. Motion unanimously passed.

Open bids for Public Works and Police Department Equipment and Vehicles – Mr. Austgen opened and read the bids.

ITEMNUMBER OF BIDSNAMEAMOUNT
1990 2500 GMC Vandura2Bob Schultz
Schultz Auto Sales
$426.00
Terry Tarnowski$250.00
1979/1981 Allis Chalmers Diesel Engine,
serial #65-03579 with a Onan 125 KW
Generator serial #H810585059
3Bob Schultz
Schultz Auto Sales
$876.00
Andy Young
Andy's Truck & Eq
$1,689.00
David Reinhard$1,010.00
1978 WABCO (Westinghouse
Air Break Company) Compressor
4Bob Schultz
Schultz Auto Sales
$456.00
Fred Monix$150.00
Andy Young
Andy's Truck & Eq
$179.00
Terry Tarnowski$560.00
Utility Trailer w/brake lights,
size 5' wide 6' long
4Terry Tarnowski$35.00
Tim Foley$78.00
Bob Schultz
Schultz Auto Sales
$12.00
Tony Kollak$25.00
One (1) Universal Life Generator,
Watts 2500, model #205UPBB2D,
with a Briggs & Stratton 6 H.P. engine
4Tim Foley$58.00
Bob Schultz
Schultz Auto Sales
$56.00
Bill Beechin$105.20
Terry Tarnowski$65.00
1999 Ford Crown Victoria9Terry Tarnowski$3,200.00
Andy Young
Andy's Truck & Eq
$1,269.00
Jennifer Heflin$2,030.00
Bill Beechin$3,005.05
Bob Schultz
Schultz Auto Sales
$2,727.00
FedEx Averlorne Jones
Police Cars Unlim
$2,700.00
FedEx Michael Makon
Quality Used Cars
$2,845.00
FedEx Alex Grunzy
B & B Auto Sales
$3,600.00
Not in sealed env
Fax Sheet
Mike - Bay Ridge Motors, Inc.$3,327.00
1 (One) 1996 Ford Crown
Victoria (Car #30)
6Terry Tarnowski$500.00
Bob Schultz
Schultz Auto Sales
$1,056.00
FedEx Averlorne Jones
Police Cars Unlim
$350.00
FedEx Michael Makon
Quality Used Cars
$649.00
FedEx Alex Grunzy
B & B Auto Sales
$612.00
Not in sealed envelope
Fax Sheet
Mike - Bay Ridge Motors, Inc.$1,319.00
1 (One) 1996 Ford Crown
Victoria (Car #31)
7Bob Schultz
Schultz A Sales
$1,126.00
Terry Tarnowski$500.00
Bill Beechin$1,206.05
FedEx Averlorne Jones
Police Cars Unlim
$750.00
FedEx Michael Makon
Quality Used Cars
$689.00
FedEx Alex Grunzy
B & B Auto Sales
$1,132.00
Not in Sealed Env
Fax Sheet
Mike - Bay Ridge Motors, Inc.$1,297.00
One (1) 1995 Ford Crown Victoria5Bob Schultz
Schultz Auto Sales
$748.00
FedEx Averlorne Jones
Police Cars Unlim
$500.00
FedEx Michael Makon
Quality Used Cars
$409.00
FedEx Alex Grunzy
B & B Auto Sales
$612.00
Not in Sealed Env
Fax Sheet
Mike - Bay Ridge Motors, Inc.$1,113.00

Mr. Austgen recommended that the Town Council take all sealed bids tendered and opened tonight under advisement, authorize the Town Manager to review same, prepare a proposal tabulation, authorize the bid award to the highest responsive, and to reject the bid faxed in. Mr. Pearson motioned to accept Mr. Austgen’s recommendation. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council –
None.
Clerk-Treasurer
Approval for use of the Town Hall Meeting Room and the Public Works Pole Barn for the Primary Election on May 4th – Ms. Teibel motioned to allow the use of the Pole Barn and the meeting room for the Primary Election. Seconded by Mr. Pearson. Motion unanimously passed.

Letter of Credits for Three Springs - Amendment of motion made during the February 26th, 2004 meeting whereas the amounts were reversed, the correct amounts are: Improvements $111,161.60 and Maintenance $166,474.18 – Ms. Teibel motioned to correct this error where the amounts were transposed. Seconded by Mr. Barenie. Motion unanimously passed.

Staff –
None

Payment of Bills -

#7342 through #7470 in the amount of $488,460.28 for the Corporation – Ms. Teibel motioned to approve the payment of bills #7342 through #7470 in the amount of $488,460.28 for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment –

None

Ms. Teibel made a general statement regarding the resignation of Police Chief Guzik. Exhibit A attached.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. The meeting adjourned at 8:15 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-15-2004 Town Council

April 15, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

Bid Opening for the 2004 Road Project

Mr. Austgen verified that the Proofs of Publication were in order. Four bids were received. The bids were opened and confirmed to be in proper form. Mr. Austgen read the bid amounts:

Gallagher Asphalt $132,990.86
Walsh & Kelly 152,335.26
K-Five Construction 166,400.10
Rieth-Riley 174,379.15

Ms. Teibel motioned to take the bids under advisement. Seconded by Mr. Pearson. Motion unanimously passed.

Public Hearings

Ordinance #1338, Lake Hills / V3 Realty property annexation -
continued Public Hearing (First Reading) – Mr. Wieser made the opening remarks and noted two corrections in the Fiscal Plan on pages fifteen, sixteen and seventeen. He stated that the fiscal plan also included the Cornerstone Development. Mr. Kil verified that the correct legal boundaries are now on record. Mr. Volk expressed his concerned with the wording that states the developer will withdraw if they do not receive the zoning they requested.

Public Comment

Ron Jeziut, 10630 West 93rd Avenue – stated that he is totally against multiple housing; the town services and roads are too small with no taxes coming in.

Public comment closed to the floor.

Ms. Teibel motioned to consider Ordinance #1338, with the corrections on pages fifteen, sixteen and seventeen per Mr. Wieser, regarding the annexation of the property commonly known as Lake Hills on first reading. Seconded by Mr. Pearson. Motion carried with four ayes and one nay by Mr. Volk.

Ordinance #1345, Rybarski / North Point property annexation – Petitioner: Michael L. Muenich (First Reading) –
Mr. Austgen stated that the Proofs of Publication were in order. Mr. Muenich gave the opening remarks. Mr. Kil stated that the Petition for Annexation was for R-2 zoning, and according to Mr. Muenich’s instructions he changed the zoning to R-1 and initialed the change.

Public Comment

Dan DeYoung, 8720 Cline Avenue – asked how close the development would be to the back of his property.

Public comment closed to the floor.

Ms. Teibel motioned to consider Ordinance #1345, the annexation of the property commonly known as Rybarski / North Point on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Public Hearings closed.

Old Business –

None

New Business

Resolution #04-04-15A, a resolution expressing the sense of the legislative body in opposition to the issuance of “liquor licenses” from the Alcohol Beverage Commission (ABC) to gasoline stations –
Mr. Fryzel explained the necessity for denying the issuance of these licenses and stated that he sent a letter to the commission. In addition, the other towns in this area also passed a similar resolution. Ms. Teibel motioned to adopt Resolution #04-04-15A. Seconded by Mr. Barenie. Motion unanimously passed.
Approval of the employment of an additional police officer – (Favorable recommendation from the Metropolitan Police Commission) –
Mr. Pearson stated that the Metropolitan Police Commission favorably recommended Mr. Steven Flores pending his PERF approval. He will be sworn in at the next council meeting. Mr. Pearson motioned to approval the hiring of an additional police officer named Mr. Steven Flores pending his PERF approval. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #04-04-15B, a resolution declaring uncollectible accounts of the Town of St. John, Lake County, Indiana as “bad debt”, and authorizing collection efforts to cease and allow the Clerk-Treasurer to write off said accounts -
Ms. Teibel motioned to adopt Resolution #04-04-15B. Seconded by Mr. Barenie. Motion unanimously passed.

Reports and Correspondence

Town Council –
None
None Mr. Austgen stated that he met with the State Board of Accounts and needed the Council’s confirmation for payment of two weeks severance pay to Mr. Joseph Guzik as well as direction to the Clerk-Treasurer in ratification of reimbursement of a Cobra payment made by Mr. Guzik for his continued insurance benefits. Ms. Teibel motioned to authorize and approve two weeks severance pay consistent with the actions of the Police Commission upon the resignation tender of Mr. Guzik as well as to approve and direct the Clerk to reimburse the Cobra out of pocket expense paid by Mr. Guzik for the month of April for which he was entitled to be covered. Seconded by Mr. Barenie. Motion unanimously passed.
Staff

Public Comment

Angela Stack, 11638 Homestead Village Court – asked about the status of the bike trail. She also expressed concern regarding the motorbikes in that area.

William Dravesky, 9038 Howard – stated his concern regarding mopeds on 93rd Avenue. Mr. Fryzel stated that as long as the individuals are 15 and one-half years of age; have a state I.D., wearing helmets and not riding double, they are allowed on 93rd Avenue. The state law does not require license plates for mopeds.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion unanimously passed. Meeting adjourned at 7:56 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-22-2004 Town Council

April 22, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member, Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

Swearing-in Ceremony of Mr. Steve Flores into the St. John Police Department –

Ms. Sury administered the oath of a Police Officer to Mr. Steve Flores.

Approval of the minutes of the Regular Meetings of March 18th and March 25th, 2004-

Mr. Volk questioned the action taken on the first reading of Ordinance #1338. Discussion ensued. Mr. Kil confirmed that the only action taken at the March 25th, 2004, meeting was to continue the public hearing for this ordinance, the Lake Hills/V3 Realty property annexation, on April 15, 2004. Mr. Pearson motioned to approve the minutes of the March 18, 2004 Regular Meeting and the March 25, 2004 Regular Meeting with the stipulation regarding Ordinance #1338 provided. Seconded by Ms. Teibel. Motion unanimously passed.

Public Hearing

Resolution #04-04-22B, a confirmatory resolution establishing an economic revitalization area within the Town of St. John, Indiana for Welch Partners LLC –
Mr. Austgen stated that the Proofs of Publication were in order. Mr. Randy Wyllie, attorney for Welch Partners, gave the opening remarks.

Public Comment – None

Ms. Teibel motioned to adopt confirmatory Resolution #04-04-22B, establishing an economic revitalization area within the Town of St. John for Welch Partners LLC. Seconded by Mr. Barenie. Motion carried with four ayes and one nay by Mr. Volk. (The abatement is for five years)

Old Business

Resolution #04-04-22, a resolution adopting a Fiscal Plan related to the Lake Hills annexation –
Mr. Pearson motioned to adopt Resolution #04-04-22. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1338, annexation of the Lake Hills property (second reading) –
Ms. Teibel motioned to adopt Ordinance #1338. Seconded by Mr. Barenie. Motion carried with four ayes and one nay by Mr. Volk.
Resolution #04-04-22A, a resolution adopting a Fiscal Plan related to the Rybarski annexation –
Ms. Teibel motioned to adopt Resolution #04-04-22A. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1345, annexation of Rybarski property (second reading) –
Ms. Teibel motioned to adopt Ordinance #1345. Seconded by Mr. Pearson. Motion unanimously passed.
Bid award for 2004 Road Project –
Mr. Pearson motioned to award the bid for this year to Gallagher Asphalt in the amount of $132,990.86 as recommended by the Town Engineer. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Pharazyn stated that he had been contacted by the railroad regarding an emergency repair to the grade crossing on 93rd as well as the intersection at Thielen Street as the tracks cross over the intersections. The road will be closed for a week. He stated that this repair along with the suggested repaving and resurfacing work as presented by Mr. Fryzel should alleviate a sufficient amount of the dip in the road.

New Business

Uniform Conflict of Interest Disclosure for Michael L. Muenich -
Ms. Teibel motioned to authorize the President to sign the disclosure form. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1344, amendment to Ordinance #511 Master Traffic Ordinance (Weston Ridge II) –
Ms. Teibel motioned to consider Ordinance #1344 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1344. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1346, amendment to Ordinance #1322 “Parking Regulations” that section of the Zoning Ordinance concerning “parking regulations” –
Mr. Pearson motioned to adopt Ordinance #1346 on first reading. Seconded by Mr. Barenie. Motion carried with four ayes and one nay by Mr. Volk. Mr. Kil stated a second reading is not required; a zoning ordinance requires only a majority vote.
Resolution #04-04-22C, a resolution authorizing entry into a joint inter local cooperation agreement with certain Northwest Indiana municipalities regarding cable television franchise matters for mutual benefits –
Ms. Teibel motioned to adopt Resolution #04-04-22C. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Barenie stated a couple of residents on the west side of Weston Ridge are getting trash in their yards. Mr. Foley will follow up.

Mr. Fryzel stated that numerous people have expressed an interest to be involved in the Festival Events Committee and asked Mr. Kill to send out a letter to the applicants. They are looking into having a Farmers Market for St. John during the summer months to be held on either Saturdays or Sundays. He also said it is imperative that the town establish a severe weather warning system and revisit our disaster plan for incorporating an mutual aid agreement with our neighboring communities for a weather related disaster.

Clerk-Treasurer –
None.
Staff
Mr. Kil would like a motion to waiver the permit fee for Boender Electric for the work they will be doing which is installing the security lighting on the water tower. Ms. Teibel motioned to waive the permit fee. Seconded by Mr. Pearson. Motion unanimously passed.

Payment of Bills -

#7471 through #7645 in the amount of $777,240.57 for the Corporation – Ms. Teibel motioned to approve the payment of the bills #7471 through #7645 in the amount of $777,240.57 for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. The meeting adjourned at 7:45 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

05-20-2004 Town Council

May 20, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:07 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Jerri Teibel, Vice-President was absent.

Old Business –

None

New Business

Ordinance #1347, amending Ordinance #1022, being the “Curfew Regulations for Persons Under Eighteen Years of Age” –
Mr. Barenie motioned to consider Ordinance #1347 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1347. Seconded by Mr. Barenie. Motion unanimously passed.

Ordinance #1348, an ordinance concerning the acquisition, construction and improvement by the Town of St. John, Indiana, of certain sewage works, the issuance and sale of sewage works revenue bonds to pay the costs thereof –
Mr. Kil stated that this Ordinance comes with a recommendation from the utility district. Mr. Kil added that it would be appropriate to consider this ordinance on first reading tonight and then present it for adoption at a subsequent meeting. Mr. Volk questioned the duration of the bond, the principal and interest amounts, what the bond will be used for, and how it will be paid off. Discussion ensued. Mr. Volk stated that he would like to hold off on the bond until the annexation is complete for the Southeast part of the utility district. Mr. Pearson motioned to consider Ordinance #1348 on first reading. Seconded by Mr. Barenie. Motion carried with 3 ayes and one nay by Mr. Volk.
Ordinance #1349, an ordinance establishing certain system development charges for the Town of St. John Water works –
Mr. Volk asked if this ordinance is essentially an impact fee. Mr. Austgen referenced IC 36-9-23-1, which describes municipality power. Mr. Volk suggested reducing the rates. Discussion ensued, including discussion with Mr. Steve Carter of H. J. Umbaugh and Associates, Financial Advisor, regarding the charges. Mr. Barenie motioned to consider on first reading Ordinance #1349 with the stipulation that this ordinance will change the rates charged by meter sizes, i.e., first charge listed is $1,000.00 and directed the Financial Advisor to modify rates pursuant to the discussion. Seconded by Mr. Pearson. Motion unanimously passed. Mr. Fryzel authorized a public hearing for Ordinance #1349 to be held on June 17, 2004.
Ordinance #1350, an ordinance establishing certain system development charges for the Town of St. John Sewage Works –
Discussion ensued, including discussion with Mr. Steve Carter of H. J. Umbaugh and Associates, Financial Advisor, regarding the charges. Mr. Pearson motioned to consider Ordinance #1350 on first reading with the stipulation that this ordinance will change the rates charged by meter sizes, i.e., first charge listed is $1,000.00 and directed the Financial Advisor to modify rates pursuant to the discussion. Seconded by Mr. Barenie. Motion unanimously passed. Mr. Fryzel authorized a public hearing for Ordinance #1349 to be held on June 17, 2004.
Ordinance #1351, an ordinance amending Ordinance #997 (Personnel Policy Manual) regarding Vacation Leave –
Mr. Kil stated that this was to add in the positions of the Town Manager and Fire Chief into the Personnel Policy Manual for vacation leave. Mr. Fryzel questioned why the Police Chief receives 200 hours of vacation after one year when other department heads must wait 5 years. Other council members were in agreement. Mr. Pearson motioned to consider Ordinance #1351 on first reading with the stipulation that the Police Chief falls in line with the other department heads and the last sentence of the ordinance be removed. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1351. Seconded by Mr. Barenie. Motion unanimously passed.

Waiver of building permit fees for re-roofs at Prairie West Park, Schillton Hills Park, Larimer Park and Lancer Park pavilions –
Mr. Pearson motioned to waive the permit fees for these locations. Seconded by Mr. Barenie. Motion unanimously passed.
Letter of Credit for Bramblewood – Unit III in the amount of $444,427.50, favorable recommendation from Plan Commission -
Mr. Barenie motioned to approve the letter of credit in the amount of $444,427.50 for the Bramblewood Subdivision - Unit III. Seconded by Mr. Pearson. Motion unanimously passed.
Letter of Credit for Unicorp Federal Credit Union in the amount of $2,625.00, favorable recommendation from Plan Commission –
Mr. Pearson motioned to approve the letter of credit in the amount of $2,625.00 for Unicorp Federal Credit Union. Seconded by Mr. Barenie. Motion unanimously passed.
Letter of Credit for Willow Ridge Manor – Unit II in the amount of $146,180.00, favorable recommendation from Plan Commission –
Mr. Barenie motioned to approve the letter of credit in the amount of $146,180.00 for Willow Ridge Manor - Unit II. Seconded by Mr. Pearson. Motion unanimously passed.
Reduction of Letter of Credit for Three Springs Subdivision to the amount of $83,617.60, favorable recommendation from Plan Commission –
Mr. Pearson motioned to approve the reduction of the letter of credit in the amount of $83,617.60 for Three Springs Subdivision. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #04-05-20, Temporary Transfer of Appropriations to various funds –
Mr. Pearson motioned to approve Resolution #04-05-20. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #04-05-20A, Temporary Transfer and Loan of Funds from WWTP Expansion Fund to General Fund –
Mr. Pearson motioned to approve Resolution #04-05-20A. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #04-05-20B, Temporary Transfer and Loan of Funds from Park and Recreational Fund to the Park Bond and Interest Fund –
Mr. Barenie motioned to approve Resolution #04-05-20B. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #04-05-20C, Temporary Transfer and Loan of Funds from Park and Recreational Fund to the Park Operating Fund –
Mr. Pearson motioned to approve #04-05-20C. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #04-05-20D, Temporary Transfer and Loan of Funds from the WWTP Expansion Fund to the Sanitary District Operating Fund –
Mr. Pearson motioned to approve Resolution #04-05-20D. Seconded by Mr. Barenie. Motion unanimously passed.
Approval of Proposal by T. M. Wells Valuation Services to conduct GASB 34 report on St. John owned fixed assets and inventory –
Mr. Kil stated this is required by the State Board of Accounts. Ms. Sury stated that the charges have been divided among the Sanitary District, Waterworks District and the Town Council. Mr. Barenie motioned to approve the proposal by T. M. Wells Valuation Services in the amount of approximately $4,100.00 to complete the GASB 34 report for St. John owned fixed assets and inventory. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Volk stated that he would like the meeting binders distributed five business days before the meeting so ample time could be given for review of the materials. Mr. Kil stated he would have the vast majority of the information in the packets, however, there would be some last minute items, but he does have a 48 hour deadline for inclusion. He will have the binders distributed on the prior Friday for first meeting of the month and the binders for the second meeting will be the Monday or Tuesday.

Mr. Barenie stated that J. L. Shandy donated a very expensive and nice scoreboard for the Babe Ruth Field and it will arrive in about three weeks.

Clerk-Treasurer –
None.
Staff
Mr. Kil stated that he has a request to waive the permit fee in the amount of $175.00 for the Fire Department as they plan to build a second garage at the training site. Mr. Pearson motioned to amend the agenda to add this item and to waive the Permit Fee for the Fire Department. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Joe Hero, 11723 S. Oakridge Dr. – addressed Ordinance #1348 establishing the bond; he stated the practice in this community is that the developer pays their own way; this has now been shifted to the users. The bond has no plan and not enough information for the bid process. Ordinances #1349 and #1350 have arbitrary amounts, which opens up potential lawsuits. The costs in these three ordinances should be put on the developers not the users.

Phyllis Bergiel, 14350 West 101st Avenue – read a prepared statement regarding the resolutions that were passed at the May 17th, 2004, Sanitary and Waterworks Districts meeting. Taxation for services the established homes would probably never have. She cited examples of homes so far from 101st Street that it is not feasible to run the lines and provided suggested actions to remedy this situation. The Town Council was asked to remonstrate against the resolutions.

Mr. Kil showed the residents on a map where the boundaries have been expanded to include the southwest and southeast quadrants and where the expected sanitary lines will be located. He also discussed the Illinois utility company that the town anticipates will try to come into the district.

Mr. Fryzel stated that they must think of the future of the Town of St. John and where the developments are planned. They pulled the tax identification numbers of the residents within these sections in an effort not to tax the residents that will not use the service. There already is an Illinois utility providing services to one of the developments. They want the money to stay in St. John and not go to Illinois.

Ms. Bergiel stated that the tax could be zero for the residents not using the service. Mr. Kil will see if this can be done. Discussion followed regarding the property values and the control of what is being developed.

Paulette Schulte, 10609 Calumet Avenue – stated that part of her property is in the taxing district and part is not. She asked why they did not go all the way to State Line. Mr. Kil stated they can logically and engineering wise accept property 1,275 feet west of Calumet Avenue; any farther than that, they cannot provide service due to the typography of the land. He also stated the assessed value of the vacant land is less than developed property.

Tom Kowalik, 10617 Calumet – asked about the development by him. He questioned the rate increase and stated that he would be paying for something he would not receive.

Joe Hero – suggested that the Council charge a user fee and do away with the tax. He also suggested the town negotiate a deal with the Illinois vendor.

Phyllis Bergiel – asked if there was another way that they can have input. Mr. Fryzel suggested she meet with Mr. Kil.

Mr. Fryzel - stated that the residents brought up a lot of good ideas and they will look into it this. Mr. Kil invited the audience to come in to his office and see the plans of what is going on in Town.

Paulette Schulte – thanked the Town Council for their explanation on the boundary expansion and stated that she does not mind being in the district if she is not taxed for it.

Vince Casboni, White Oak Avenue – complimented the Town Council regarding the questioning posed by the residents in attendance.

Adjournment –

Mr. Barenie motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion unanimously passed. Meeting adjourned at 9:00 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-03-2004 Town Council

June 3, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil; Town Manager; and Sherry Sury, Clerk-Treasurer.

Approval of the minutes of the April 6, 2004 Joint Executive Session; the April 15, 2004 Regular Meeting and the April 22, 2004 Regular Meeting –

Mr. Pearson motioned to approve the minutes of the April 6, 2004 Joint Executive Session; the April 15, 2004 Regular Meeting and the April 22, 2004 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business

Ordinance #1348, an ordinance concerning the acquisition, construction and improvement by the Town of St. John, Indiana, of certain sewerage works, the issuance and sale of sewerage works revenue bonds to pay the costs thereof –
Mr. Volk stated that the area needs to be annexed into town before they commit any money and so they would have control over the development. The cost of the interceptor sewer should be placed on the developer. Mr. Fryzel stated that they need to get infrastructure into place before the developments come into town and not to work piecemeal. Mr. Austgen stated that at the June 17th meeting, the council would consider on second reading the system development fees to be paid for by the new utility customers. Discussion followed. Mr. Barenie motioned to adopt Ordinance #1348. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk.

New Business

Consider purchase approval for new “Aerial Fire Unit” in the amount of $679,000.00 ($279,000 through Cumulative Fire Fund and $400,000.00 through St. John Marketplace Bond Issue) –
The Town would use the State Bid Program for this purchase. Mr. Barenie motioned to authorize the purchase of an Aerial Fire Unit not to exceed $679,000.00 with the stipulation they do not sign the contract until the bonds are secured for the $400,000.00. Seconded by Mr. Pearson. Motion passed with four ayes and one abstention by Ms. Teibel.
Position of Chief of Police (pending formal recommendation of The Board of Metropolitan Police Commissioners) –
Mr. Pearson read a statement stating that he had the opportunity to review all the applications and agreed with the Police Commissions’ recommendation. Mr. Volk asked how the commission advertised for the job. Discussion ensued. Mr. Austgen stated there is no legal requirement for advertisement. Mr. Volk stated that due to the controversy around the police department, he is not going to support the nomination of Mr. Frego. Mr. Fryzel asked Mr. Volk to clarify, if he is not satisfied with the police commission or the police chief. Mr. Volk stated that the police commission gave false statements to the media. Mr. Fryzel commented that you cannot believe everything you read in the newspaper. Mr. Pearson motioned to accept the recommendation of the Police Commission and authorize the hiring of Fred A. Frego as the Chief of Police of St. John, Indiana. Seconded by Ms. Teibel. Roll call vote: Ms. Teibel, aye; Mr. Volk, nay; Mr. Pearson, aye; Mr. Barenie, aye; Mr. Fryzel, abstain. Motion passed with three ayes, one nay and one abstention.
Ordinance #1352, zone change for Lake Hills Development (pending formal recommendation of Plan Commission) –
Mr. Volk stated that he is not opposed to project; but is concerned with the multi-family portion, which is 45% of the development. He stated there were 46 permits for duplexes in the last five months. Mr. Fryzel is also concerned about multi-family housing however this development will be a centerpiece to this community. Ms. Teibel stated that per the formal recommendation from the Plan Commission, she motioned to adopt Ordinance #1352. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk.

Reports & Correspondence

Town Council
Mr. Fryzel read a statement thanking and commending the Police Commission for the time they spent since January 1st in the hiring of a new officer, the new police chief and the new reserve officers. Indiana Code gives the Town Council the authority to give the Police Commission members a salary, however they have chosen not to do that, this is all volunteer time. He also thanked and commended Captain Johnsen for the great job he has done in the absence of the chief since March 19th of this year.
Clerk-Treasurer –
None.
Staff
Mr. Kil announced that SBC Ameritech plans to hold a press conference at the Town Hall on Tuesday, June 8th, at 11:30 a.m. to announce they would be offering DSL High Speed Internet service to St. John. It is available right now.

Payment of Bills -

#7646 through #7846 in the amount of $851,813.93 for the Corporation – Mr. Volk asked if the bills for the 93rd Avenue improvement project were complete. Mr. Kil stated that the total cost of landscaping is $28,000.00. Mr. Volk also asked about a bill for five council badges. Ms. Teibel motioned to approve payment of vouchers #7646 through #7846 in the amount of $851,813.93 for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed. Ms. Sury administrated the oath of a Police Chief to Mr. Fred A. Frego.

Public Comment

Phyllis Bergiel, 14350 West 101st Avenue – referenced the previous Town Council meeting and the utility boundary expansion. She stated that she and another resident met with Mr. Kil and suggested ways to correct the problem. Mr. Kil was asked to explain to the residents in attendance the discussion they had. He stated that they would lose 30% property tax replacement credit if it were placed on the rates instead of the taxes. The rates would jump up about 30% higher. The financial advisor cannot answer the other question as he is presently out of the country. Upon his return Mr. Kil will met with him. She suggested that the council put the meeting agendas on the website and Mr. Fryzel stated that they are doing that now.

Ron Jeziut, 10630 West 93rd Street – stated that he is concerned about the V3 development, which would be 908 families. Mr. Kil stated the correct numbers are 462 families: 15 estate lots, 241 single-family lots, 90 duplexes and 116 town homes. Mr. Jeziut hopes there will be enough space on the roads.

Ruben Hinojosa, 6425 Jefferson Street, Hammond – stated that he is strongly opposed to any type of police misconduct or police corruption and picketed out front against one of the applicants applying for the chief of police in St. John. He was deeply concerned that if the applicant, ex-chief John Cory, would have been considered he would have been bringing a lot of bad baggage to this very good town. Having been raised right outside this area on Sheffield Avenue and a Lake Central graduate; he believes the Police Commission did a full, thorough and impartial investigation of all three applicants. He commended the St. John Police Commission for doing that and commended the Town Council for selecting whom, he believes, is a good applicant. Also, he extended his best wishes to Mr. Johnsen.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion unanimously passed. Meeting adjourned at 6:40 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-17-2004 Town Council

June 17, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; Phillip Faccenda, Jr. and Nicholas Kile, Barnes & Thornburg; Steve Carter, H.J. Umbaugh and Associates; Sherry Sury, Clerk-Treasurer, was absent.

OLD BUSINESS

Consideration of Ordinance #1349, establishing certain system development charges for the Town of St. John Water Works.
Mr. Austgen verified that the Proofs of Publication were in order. Mr. Phil Faccenda, Jr. from Barnes & Thornburg explained that the system development charge is based on historical calculations using the existing customers of the waterworks that have paid for the capital costs of the waterworks system. The concept behind the charge is to apply it to new customers and referenced the explanation previously provided by Mr. Steve Carter, of H.J. Umbaugh and Associates, Financial Advisor. The new customers will be charged upon connection and this is to pay for a proportionate share of the costs of facilities required to serve them, which proportionate costs have been paid by or on behalf of the existing customers. Mr. Faccenda Jr., provided a synopsis of the presentation made previously by Mr. Carter and referenced the credentials of H.J. Umbaugh and Associates. Mr. Carter, addressed the two ordinances presented for consideration and explained the methodology used in preparing the rate calculations using the equity method as recognized by the American Water Works Association. Mr. Volk asked if the rates could be applied directly to the developer or development upon approval. Discussion ensued.

Public Hearing on Ordinance #1349

Tim Henderlong, 734 N. Main Street, Crown Point, Indiana – remonstrated against this ordinance. Mr. Austgen acknowledged his written remonstrance presented at the meeting that will become part of the public record.

Public Hearing Closed

Comment from the Town Council

Mr. Barenie asked Mr. Carter to explain the other method besides the equity method. Mr. Volk referenced the footnote at the bottom of the remonstrance indicating that the report was “locked up” and asked for clarification. Mr. Austgen noted this footnote and Mr. Kil advised that Mr. Muenich was supplied with copies of everything he requested on June 16th, 2004.

Mr. Pearson motioned to adopt Ordinance #1349, establishing certain system development charges for the Town of St. John Water Works with the base charge as presented at $1,000.00, seconded by Mr. Barenie. Motion unanimously passed.

Consideration of Ordinance #1350, establishing certain system development charges for the Town of St. John Sewerage Works.
Mr. Austgen verified that the Proofs of Publication were in order. Mr. Phil Faccenda, Jr. explained the system development charges for the sewerage works and the similarity of this ordinance with the Water Works ordinance using the equity method and is also based on the $1,000.00 base charge. This is to provide that new customers will pay a proportionate share of the costs of facilities required to serve them, which proportionate costs have been paid by or on behalf of existing customers.

Public Hearing on Ordinance #1350

Tim Henderlong, 734 N. Main Street, Crown Point, Indiana - remonstrated against this ordinance. Mr. Austgen acknowledged his written remonstrance, along with the inclusion of the other mentioned parties, presented at the meeting that will become part of the public record. He requested that the reference earlier made regarding the footnote contained at the bottom of the remonstrance be part of this public record also. Mr. Kil verified the statement made previously regarding the production of records and stated that the request from Mr. Muenich was made verbally. Mr. Austgen stated that the Public Access Law permits verbal requests.

Public Hearing Closed

Comment from the Town Council – none

Ms. Teibel motioned to adopt Ordinance #1350, establishing certain system development charges for the Town of St. John Sewerage Works as presented with the base charge of $1,000.00, seconded by Mr. Pearson. Mr. Austgen requested that the letter he received dated June 17, 2004, from Mr. Carter regarding the St. John (Indiana) System Development Charges be incorporated as a supplement to the ordinance. Motion unanimously passed. An inquiry was made to ascertain if Mr. Dewey Snow was in attendance for either public hearing. It was noted that he was not and it was requested that the record reflect this.

New Business

Reduction of Letter of Credit for Heron Lake, Unit 4 – Phase Two in the amount of $84,122.50 (Favorable recommendation from the Plan Commission) –
Ms. Teibel motioned to approve the letter of credit in the amount of $84,122.50 for Heron Lake, Unit 4, - Phase Two. Seconded by Mr. Barenie. Motion unanimously passed.
Public Works Department – Authorization to bid a 2005 7300 Dump Truck with snowplow and salt spreader –
Mr. Kil stated that this vehicle would be an addition to our fleet. Discussion ensued. Ms. Teibel motioned to authorize the bidding of a new dump truck, a 2005 7300 model with a snowplow and salt spreader. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Mr. Barenie reported the progress in the candidate selection for the park superintendent position and should have a recommendation by next week.

Police Chief Frego stated that the ordinances assessing fines is not specific as to the occurrences whereby it is unclear the amount of the fine to be collected by the clerk’s office. He requested that these ordinances be amended to be more specific. Mr. Austgen will review.

Public Comment -

none

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-24-2004 Town Council

June 24, 2004 Town Council Meeting Minutes

Mr. Fryzel called the Regular Meeting of the St. John Town Council to order at 7:01 p.m. and led the Pledge of Allegiance.

Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Mark Barenie, Member; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Absent were Charles Pearson, Member, and David Austgen, Town Attorney. Mr. Fryzel stated that due to the limited agenda Mr. Austgen asked to be absent tonight.

Mr. Volk motioned to amend the agenda to include the approval of the minutes of the June 17, 2004 Regular Meeting. Seconded by Mr. Barenie. Motion unanimously passed.

Approval of the minutes of the May 20, 2004 Executive Session, the May 20, 2004 Regular Meeting and the June 17, 2004 Regular Meeting –

Mr. Barenie motioned to approve the minutes of the May 20, 2004 Executive Session, the May 20, 2004 Regular Meeting and the June 17, 2004 Regular Meeting. Seconded by Mr. Volk. Motion unanimously passed.

Award Presentations

Mr. Fryzel stated that the Town of St. John would like to present the Good Samaritan Award to several individuals who are employed at the Schoop’s Restaurant in St. John for the heroic efforts and assistance they rendered during the tragic incident that occurred on June 6, 2004. These employees, most of whom are teenagers or very young adults, pulled together at a very hectic time to work feverishly to give aid and assistance to the victims of this emergency while at the same time they were waiting for the emergency vehicles to arrive. Without hesitation these employees put their own safety at risk in order to assist the victims in their time of need. He mentioned that Councilwoman Teibel and himself were both present at the scene and witnessed first hand the effort all of these individuals have put forth, they were to be commended. The Town Council and the community commend them for their thoughtfulness and quick decisive actions. The Council would also like to recognize and present the business with the Samaritan award because of the individual effort displayed by the management and the staff of the Schoop’s Restaurant.

Mr. Fryzel, Ms. Teibel and Ms. Sury presented a lapel pin and an award to the owners Thomas & Mary Beth Markovich and Larry & Audrey Fairris and employees Carrie Clemens, Stacey Gibbons, Stephen Kolodziej, Matt Plassman, Sarah Udchitz, and Adam Wythe. Employee Laura Layman, and Town Engineer, Pete Faberbock from Robinson Engineering were not in attendance and their awards will be presented privately.

Mr. Fryzel also thanked the St. John Police and Fire Department personnel, the Lake County, Dyer, Schererville, and Cedar Lake response personnel as well as Prompt Ambulance Service for their quick response and assistance that they all gave to the town.

Old Business –

None

New Business

Mr. Volk stated that he spoke with Mr. Kil about the curve and sidewalk reconfiguration at the Dunkin Donuts location. This was an oversight or mistake by Haas Engineering and they are responsible for that. Mr. Kil stated it cost the Town between $22,000 and $27,000 to correct. The company is insured and bonded and Mr. Volk requested that Mr. Austgen should try to recoup the money. Mr. Kil will ask Mr. Austgen to send a letter to Haas Engineering and ask for the money.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
None
Police Chief Frego –
None

Payment of Bills -

#7847 through #8060 in the amount of $793,104.95 for the Corporation – Ms. Teibel motioned to pay the bills, invoices #7847 through #8060 in the amount of $793,104.95. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Mr. Markovich spoke on behalf of the owners of Schoop’s and thanked all the departments that responded to the accident. The restaurant expects to be open by next Wednesday.

Adjournment –

Mr. Barenie motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:12 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-15-2004 Town Council

July 15, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Tim Kuiper for Attorney Dave Austgen; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Mark Barenie, Member was absent. Also present were Police Chief Frego and Bob Pharazyn, Public Works Director.

OLD BUSINESS –

None

NEW BUSINESS

Initial Presentation for “The Gates of St. John” by Mr. Duane Linden -
Mr. Pearson motioned to amend the agenda to move item A after items B, C and D. Seconded by Ms. Teibel. Motion unanimously passed.
DeYoung Interiors – Letter of Credit in the amount of $65,000.00 (favorable recommendation from Plan Commission) -
Mr. Kil suggested that this item be removed from the agenda, as the Letter of Credit was not received in time. Item deferred to next weeks’ meeting.
Resolution #04-07-15, a Resolution declaring the Town’s interest in acquiring certain real property for the purpose of constructing a Municipal Complex Facility –
Mr. Volk recommended that a list be put together with other options first and then present to the public. He wanted to address ideas brought up in the past such as the homes at the end of Civic Drive, etc. and ensure this is the right location. Discussion ensued. Mr. Pharazyn stated that he believed the options Mr. Volk addressed to be studied already have been done. Ms. Teibel motioned to adopt Resolution #04-07-15. Seconded by Mr. Pearson. Motion carried with three ayes and one nay by Mr. Volk.
Resolution #04-07-15A, a Resolution designating the Town Manager as Purchasing Agent for the purpose of acquiring land or structures in the connection with a Municipal Complex Facility –
Mr. Pearson motioned to adopt Resolution #04-07-15A. Seconded by Ms. Teibel. Motion carried with three ayes and one nay by Mr. Volk.
Initial Presentation for “The Gates of St. John” by Mr. Duane Linden –
On behalf of Mr. Lotton and the BLB St. John, LLC, Mr. Linden provided an over view of the proposed development. Boundaries are Joliet Road, 109th Avenue, Cline Avenue, and Parrish. The development is approximately 680 acres with a proposed total of 1,450 units of which 12% would be town homes. Included are common parks in the neighborhoods plus a central park of approximately 32 acres. There will also be bike and walking paths, lakes and ponds for detention. The central point of the development includes a school, church and a Park Place of St. John. Also included will be a commercial area. The Homeowners Association would maintain the areas. The housing products include: cottage homes, townhomes both ranch and two story, neo-traditional housing. The homes would be designed as starter and second homes, and luxury homes designed for second and third time home purchasers.

Mr. Linden stated that Mr. Lotton wanted input from the Town as to how this development would fit into St. John and explained that there would be 100 cottage and 186 town homes, 120 luxury homes, with the balance of single family lots being approximately 1,044. Development would take 7-8 years to complete. It was suggested that a committee comprised with members of the Boards be formed to work out the details of the plans.

Discussion followed about the number of cottage and townhomes, lot sizes, and lot frontages. Concerns were also expressed about saturation, impact on the other developers and how it is the responsibility of the Town Council to manage development.

Mr. Kil provided some background information on the initial annexation proposal from Mr. Lotton and stated that Mr. Muenich would be legal counsel.

Mr. Michael Forbes questioned whether such a committee as described is allowed; and recommended they go ahead with the annexation process.

Reports & Correspondence

Town Council
Ms. Teibel stated that she gave Mr. Faberbock information from NIRPC regarding monies available for road improvement, he is checking into the Town’s eligibility for those funds. She also spoke with Mr. Kil to discuss the possibility of getting railroad crossing gates at 93rd Avenue. Mr. Kil stated that there are 100% funds available from NIRPC as well as the 80/20 money.

Mr. Pearson commended Jan Duncker and Debbie Fryzel, as well as Jim Funk, Chairman of the Special Events Committee, for the great job they did on the Farmer’s Market this past weekend.

Mr. Volk asked Mr. Kil about the time line for the Comprehensive Plan Study and when the mailing survey will go out. Mr. Kil stated that they are being distributed by the Clerk-Treasurers’ office and is on the town website. Mr. Volk stated that he would like a mailing to everyone in the town. Discussion ensued regarding the size of the questionnaire and whether the survey can be made smaller.

Clerk-Treasurer –
None
Staff
Mr. Pharazyn spoke on behalf of the Utility Board and stated their concern of the strain the Lotton Development would have on the system.

Chief Frego – None.

Mr. Kil stated that the new park superintendent will start on the 19th and the Town needs to provide him with a vehicle to use while at work. He suggested giving him a public works vehicle and getting a new one for public works. Mr. Kil received quotations and recommended purchasing a Ford F250 from Joe Hennessey’s River Oaks Ford for $30,030.21 that includes a snowplow. Discussion ensued. Mr. Volk asked if the park superintendent would take the vehicle home daily. It was agreed that the vehicle would not be a take home vehicle and would be available after hours for town use. Ms. Teibel motioned per the Town Manager’s recommendation to purchase a truck for the St. John Public Works Department for $30,030.21. Seconded by Mr. Pearson. Motion carried with three ayes and one abstention by Mr. Volk. Mr. Kil stated that the cost for the purchase would be borne by the MVH and the water and sewer utility funds.

Public Comment

Tina Szczepaniak, 14244 West 90th Avenue – stated that she had several issues of concern:

1) She asked the disposition of the animal control facility. Mr. Kil stated that a whole new facility is being planned.

2) Ms. Szczepaniak stated that over the Fourth of July holiday she called the Police Department twice regarding the fireworks in the Edgewood Subdivision. They were professional fireworks and the police did nothing. The fireworks never stopped while the police were there. Ms. Teibel stated she had the police scanner on during that time and assured her that the police were working non-stop. Discussion ensued.

3) She stated that the garbage collection service is terrible; the garbage is all over the street. Mr. Fryzel told her to call public works and they will stop the truck at the spot.

4) Also stated of major concern, was the speeding traffic and failure to stop at 90th and Calumet Avenue. Ms. Sczcepanik expressed her concern for the young children in the area and stated that the street is now like a drag strip. Chief Frego will have the officers watch the area.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 8:25 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-22-2004 Town Council

July 22, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:01 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; Tim Kuiper, Attorney; Steve Kil, Town Manager; Police Chief Frego and Sherry Sury, Clerk-Treasurer.

Approval of the minutes of the June 3, 2004 Regular Meeting and the June 24, 2004 Regular Meeting –

Mr. Pearson motioned to approve the minutes of the June 3, 2004 Regular Meeting and the June 24, 2004 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Award Presentation –

Award of Recognition presented to Keith R. Boros (Item skipped due to be absence of Mr. Boros)

Old Business –

None

New Business

Authorization for entry into contract with T. M. Wells Valuation Services –
Mr. Pearson motioned to approve the valuation agreement and authorize the Town Council President to execute contract. Seconded by Ms. Teibel. Motion unanimously passed.
Waiver of Conflict of Interest for Lotton Annexation of Attorney Michael L. Muenich –
Mr. Kil stated that this waiver pertained to this development only. Ms. Teibel motioned to approve the Waiver of Conflict of Interest for Attorney Michael L. Muenich. Seconded by Mr. Barenie. Motion unanimously passed.
Waiver of Conflict of Interest of Councilman Jerri Anne Teibel –
Ms. Teibel stated that she filed the waiver because her husband is involved in the sale of the Lotton property; he is not involved in the development of the property. Mr. Barenie motioned to approve the Waiver of Conflict of Interest for Ms. Teibel. Seconded by Mr. Pearson. Motion passed with four ayes and one abstention by Ms. Teibel.
DeYoung Interiors – Letter of Credit in the amount of $65,000.00 (favorable recommendation from Plan Commission) –
Mr. Kil stated that he has been unable to acquire the Letter of Credit and has advised the petitioner they cannot build until he receives it. Item will be placed on the agenda for the next meeting.
Consider funding for South Shore Railway – proposed by Representative Pete Visclosky –
Ms. Teibel motioned to approve the initial funding of the South Shore Railway in the amount of $17,088.00 provided funds are available and to authorize the Town Council President to execute the Interlocal Cooperation Agreement. Seconded by Mr. Pearson. Motion unanimously passed.
Brief Discussion concerning Ordinance #1322 – Parking Regulations –
Mr. Fryzel summarized this ordinance and suggested there be a size limitation of vehicles parking on the streets. He asked the Attorney to review the ordinance and report back at next month’s meeting. Mr. Kil stated that the ordinance must be very clear so the possibilities of multiple interpretations do not exist and the related fine(s) are clear. Discussion ensued regarding the definitions of trailers, motor homes and various problem areas in Town.

Reports & Correspondence

Town Council
Mr. Barenie asked if the left-hand turn from Patterson onto 93rd Avenue could be changed. Discussion ensued. Mr. Kil stated that the intersection improvement should take care of it however, that probably will not happen until after the November election.

Mr. Fryzel referenced Ordinance #526, the requirement of a dumpster at new construction sites. He stated that he has received numerous complaints of debris in the neighborhoods and this ordinance must be enforced starting tomorrow. Mr. Kil was asked to instruct Mr. Foley to advise the builders and make sure every builder has a copy of the ordinance when building permits are issued.

Clerk-Treasurer –
None
Staff

Mr. Kil – None
Police Chief Frego – None

Payment of Bills -

#8061 through #8237 in the amount of $674,975.37 for the Corporation – Mr. Pearson motioned to pay bills #8061 through #8237 in the amount of $674,975.37 for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Scott Moran, 8301 Heron Lake Road – addressed ordinance #1322. He stated that he is a builder and that there is subdivision covenants that prevent any trailer from being parked in the subdivision, there is a need for some middle ground.

Discussion ensued regarding the enforcement of covenants. The police department cannot enforce covenants; the developer/builder/homeowners association or resident(s) enforce by initiating civil suits.

Mr. Barenie thanked the Public Works and Police Department on behalf of the 452 families that participated in baseball at Civic Park for coordinating and implementing the installation of the speed bumps on Civic Drive. It has made a big difference with the traffic and slowing down the cars going up and down the drive.

Mr. Fryzel stated that he received a thank you from the VFW Post to all the Council Members for remembering the Post and the 50 years of service to the community. A commemorative plaque was sent which will be placed in the hallway.

Adjournment -

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion unanimously passed. The meeting adjourned at 7:38 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-19-2004 Town Council

August 19, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; Bob Pharazyn, Public Works Director; Chief Frego, Chief of Police; and Sherry Sury, Clerk-Treasurer.

Bid Opening – Dump Truck for Public Works Department –

Mr. Austgen confirmed that the proofs of publication were in order from the Times and Post Tribune. Three bids were received and opened in order of receipt:

Truck City of Gary $91,344.00
Great Lakes Peterbilt of Portage $86,189.00
Lindco Equipment Sales of Merrillville $94,944.45

Mr. Austgen confirmed that all bidders submitted bid bonds and product specifications; the bids were in proper form. Ms. Teibel motioned to take the bids under advisement. Seconded by Mr. Pearson. Motion unanimously passed.

Old Business –

None

New Business

Resolution #04-08-19A, a resolution authorizing the Clerk-Treasurer to create a new line item in the Solid Waste Budget –
Mr. Volk questioned the reasoning for this resolution being the purchase of the leaf vacuum. After confirmation, Mr. Austgen suggested that the Town Council have a discussion on this item and then take action. Item L from the agenda was addressed.
Authorization to purchase Leaf Vacuum for Public Works Department –
Mr. Pharazyn stated that this purchase would bring the total number of units to three, the two existing units are approximately ten years old and inevitably break down causing delays in pick up. Mr. Volk expressed concern regarding the number of purchases made by Public Works this year. Discussion ensued. Ms. Teibel motioned to approve the purchase of a leaf vacuum in an amount not to exceed $32,000.00. Seconded by Mr. Barenie. Motion carried with four ayes and one nay by Mr. Volk.
Resolution #04-08-19A, a resolution authorizing the Clerk-Treasurer to create a new line item in the Solid Waste Budget –
Mr. Pearson motioned to adopt Resolution #04-08-19A. Seconded by Ms. Teibel. Motion carried with four ayes and one nay by Mr. Volk.
Resolution #04-08-19B, a resolution providing for the transfer of appropriations for the various funds of the Town of St. John - $30,000.00 from Solid Waste / Garbage Pickup to Solid Waste / Other Equipment –
Mr. Barenie motioned to adopt Resolution #04-08-19B. Seconded by Ms. Teibel. Motion carried with four ayes and one nay by Mr. Volk.
Ordinance #1355, an introduction of a schedule of rates and charges for properties served by the Sewerage Works –
Mr. Kil stated that this ordinance re-establishes the rate table due to the $3,000,000 bond issued for the installation of the east-side interceptor sewer and for the various improvements to lift stations. It raises the base monthly rate of a 5/8 – ¾ inch meter 30 cents and a 1-inch meter 65 cents and incrementally goes up. This ordinance does require a public hearing, which will be held on September 16, 2004. However, at this time the ordinance can be passed on first reading only with the authorization of the public hearing to be scheduled. Ms. Teibel motioned to consider Ordinance #1355 on first reading only. Seconded by Mr. Pearson. Motion carried with four ayes and one nay by Mr. Volk.
DeYoung Interiors – Letter of Credit in the amount of $65,00.00 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to accept the Letter of Credit in the amount of $65,000.00 for DeYoung Interiors with a favorable recommendation from the Plan Commission. Seconded by Ms. Teibel. Motion unanimously passed.
Weston Ridge – Unit Four – Letter of Credit in the amount of $626,730.50 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the Letter of Credit in the amount of $626,730.50 with a favorable recommendation from the Plan Commission. Seconded by Ms. Teibel. Motion unanimously passed.
Weston Ridge – Unit Five – Letter of Credit in the amount of $271,217.10 (favorable recommendation from Plan Commission –
Ms. Teibel motioned to accept the Letter of Credit in the amount of $271,217.10. Seconded by Mr. Pearson. Motion unanimously passed.
Renaissance Subdivision – Unit One – Letter of Credit in the amount of $612,571.65 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the Letter of Credit in the amount of $612,571.65 with a favorable recommendation from Plan Commission. Seconded by Ms. Teibel. Motion unanimously passed.
Novo Selo Subdivision – reduction to Letter of Credit to the amount of $57,055.90 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to reduce the Letter of Credit to $57,055.90 with a favorable recommendation from the Plan Commission. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1356, Traffic Court Fee Increase –
Mr. Austgen stated that this is a corresponding increase with that of the County, which is covered by State Statute. Discussion ensued regarding the fine costs. Mr. Austgen will prepare a re-draft of the ordinance to increase the fines to keep the town costs even. Mr. Pearson motioned to consider Ordinance #1356 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1356. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1353, an ordinance amending Ordinance #537, specifically removing Section 6(a) of said ordinance, regarding sewer tap fees –
Mr. Fryzel explained that the town no longer provides this service nor collects fees for the taps, therefore the ordinance needs to be taken off the books. Ms. Teibel motioned to consider Ordinance #1353 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1353. Seconded by Mr. Pearson. Mr. Austgen stated that this ordinance requires a public hearing because it concerns rates and charges. Mr. Kil stated that this would be included in the September 16, 2004, public hearing. Motion withdrawn.

Contract with N.I.R.P.C. for NPDES MS4 Storm Water Phase II –
(1) Public Education and (2) Public Participation and Involvement – year 2005 through 2009, total contract of $22,516.40 – Mr. Kil stated that this is to cover the public outreach; this amount will be paid in equal amounts over the next four years. Mr. Pearson to approve the N.I.R.P.C. contract for the year 2005 through 2009 for a total contract of $22,516.49. Seconded by Mr. Volk. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Fryzel presented a plaque of recognition to Mr. Keith Boros for his military service protecting the country against terrorists throughout the world.

Mr. Volk requested that the annexation of Tiburon and the Baacke parcel be placed onto next week’s agenda. Mr. Kil suggested these areas and Grouse Point be included with the Lotton annexation that would square off the town and match the sanitary district. Discussion ensued regarding the actual parcels Mr. Kil proposed adding to the annexation. This item will be discussed further during the September meeting.

Clerk-Treasurer
Ms. Sury deferred to Mr. Austgen who stated that donations have been accepted and need to be deposited for the Town’s Christmas Events Fund. Discussion ensued. Mr. Fryzel questioned the opinion rendered by Mr. Bennett and the State Board of Accounts that the town council will need to approve a fund for each event. Mr. Austgen explained the rationale and stated that he will have a resolution for next weeks meeting. Ms. Teibel motioned to accept the three donations for the Town’s Christmas Events Fund. Seconded by Mr. Pearson. Motion unanimously passed.
Staff
Mr. Austgen requested that an executive session on August 26th at 6:00 p.m. be scheduled to discuss pending litigation.

Public Comment

Mr. Lawrence Acheff of the Lake County Public Library presented a resolution by the Library Board for a waiver of permits and fees in the amount of approximately $41,000.00 for the new library. Mr. Fryzel stated that the Town depends on the building fees to meet expenses and that they have not received any tax revenue this year. Discussion ensued. Mr. Acheff was asked to prepare the figures and the matter would be addressed at the next meeting.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 8:10 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-26-2004 Town Council

August 26, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; Dave Austgen, Attorney; Steve Kil, Town Manager; Police Chief Frego; and Sherry Sury, Clerk-Treasurer.

Approval of minutes of the July 15, 2004 Regular Meeting and the July 22, 2004 Regular Meeting –

Ms. Teibel motioned to approve the July 15, 2004 Regular Meeting and the July 22, 2004 Regular Meeting. Seconded by Mr. Pearson. Motion unanimously passed.

Proclamation –

Declaring the week of September 17th through 23rd, 2004 as “Constitution Week” in St. John – Mr. Fryzel read the proclamation.

Public Hearings

Ordinance #1357, Annexation Petition for Saddle Creek Development – Todd Olthof –
Mr. Austgen stated that the Proofs of Publication were in order. Mr. Volk asked if the public hearing notice was posted on the property to be annexed. Discussion ensued. Mr. Volk stated that due to the ordinance in effect and if the sign was not posted, he suggested that the hearing should be re-scheduled. Ms. Teibel motioned to continue the public hearing to September 16th at 7 p.m., the next public meeting of this Council. Seconded by Mr. Pearson. Motion unanimously passed. Mr. Austgen stated no further notice is required here; however, posting of the sign is required.
Ordinance #1354, 2005 Budget Adoption –
Mr. Austgen stated that The Times has provided Proofs of Publication and it was in order, the Proofs of Publication have not been returned by the Post Tribune. However, it appears that publication has occurred and any action taken shall be subject to return and receipt of the publisher’s affidavit from the Post Tribune.

Mr. Jim Bennett Financial Consultant from J.M. Bennett & Associates provided the opening remarks. He stated the town is in good financial position at this point. They tried to hold the levies down for 2005. The remainder of the 2002 taxes payable in 2003, are now distributed and the 2004 taxes will be certified in September, the first draw for the 2003 payable 2004 taxes should be by December 31st, the second draw sometime in February which would put things back on schedule. He recommended that the budget as advertised be passed and discussed the effect of the challenge to the Supreme Court assessment decision.

Public Comment

Phyllis Bergiel, 14350 West 101st Avenue – stated that she appreciates the fiscal responsibility shown by the town and the willingness of the Council to discuss the various rates and to explain them succinctly.

Public Comment closed.

Ms. Teibel motioned to consider Ordinance # 1354 on First Reading only. Seconded by Mr. Barenie. Motion unanimously passed.

Old Business –

None

New Business

Ordinance #1359, North Point subdivision rezone from R-1 Single Family to R-2 Single Family (favorable recommendation from Plan Commission) –
Mr. Volk stated that the Plan Commission approval narrowly passed by a 4-3 vote. There are concerns by the residents regarding the increase in traffic onto Marquette Street. Mr. Kil stated that the Plan Commission is looking at a place for a stub street to Cline Avenue. Mr. Volk also mentioned a concern regarding the developers’ lot sizes. Discussion ensued. Mr. Volk suggested that the council send this back to the Plan Commission Mr. Pearson motioned to adopt Ordinance #1359. Seconded by Ms. Teibel. Motion carried with four ayes and one nay by Mr. Volk.
Ordinance #1358, Weston Ridge – The Woods Unit II rezone from R-3 Single Family to Residential P.U.D. (favorable recommendation from Plan Commission) -
Mr. Barenie motioned to adopt Ordinance #1358. Seconded by Ms. Teibel. Motion unanimously passed.
Dump Truck for Public Works Department –
Mr. Kil stated that the bids were very high and the truck would not be available until next year. He discussed the bids with Mr. Pharazyn and he would like to look for a mini dump truck, with a plow and a spreader, which would be half the cost. Mr. Pearson motioned to reject all bids for purchase of a dump truck for the Public Works Department and to authorize solicitation of proposals for a mini dump truck. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1360, creating a Christmas Events Fund –
Mr. Fryzel referenced Ordinance #1361, (this item was not on the agenda) establishing the St. John Community Events Committee that was presented prior to the meeting. He asked Mr. Austgen if the council could act on this ordinance before addressing Ordinance #1360. Discussion ensued regarding Ordinances #1360 and #1361. Mr. Barenie motioned to consider Ordinance #1360 on First Reading. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1360. Seconded by Mr. Barenie. Motion unanimously passed

Ordinance #1361, creating a Special Events Committee –
Discussion ensued and Mr. Austgen stated that the council could act on Ordinance # 1361 by amending the agenda for this item to be designated as item F. Ms. Teibel motioned to amend the agenda to add consideration of Ordinance #1361, creating a Special Events Committee. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to consider Ordinance #1361 by removing the words “be a resident of the Town and shall” located in Section 2 on the First Reading. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1361 with the stipulation to remove the words “be a resident of the Town and shall” located in Section 2. Seconded by Ms. Teibel. Motion unanimously passed.

Resolution # 04-08-26, a resolution enlarging participation in Public Employees Retirement Fund (PERF) –
Mr. Kil stated that this is a housekeeping item to notify PERF of four new positions: Records Billing Clerk, Park Superintendent, Public Improvement Inspector and Code Enforcement Officer. Ms. Teibel motioned to adopt Resolution #04-08-26. Seconded by Mr. Pearson. Motion unanimously passed.

Payment of Bills -

#8238 through #8455 in the amount of $615,332.95 for the Corporation – Mr. Volk questioned the number of people attending the IACT Conference and the associated expenses for the three nights. He stated that two people should only attend and they can bring the information back. Discussion ensued. Mr. Fryzel stated that the people in charge of town government should be going to the conferences and Mr. Austgen recommended the Council take advantage of the Conference, as it is a continuous learning process. Mr. Pearson motioned to pay bills #8238 through #8455 in the amount of $615,332.95 for the Corporation. Seconded by Mr. Barenie. Motion carried with four ayes and one nay by Mr. Volk.

Reports & Correspondence

Town Council
Mr. Fryzel asked Mr. Kil about the status of the sidewalk on Joliet Street by Dunkin Donuts. Mr. Kil stated that they are getting prices.

Mr. Barenie thanked Mr. Kielman on behalf of the baseball league for the use of his field.

Clerk-Treasurer -
None
Staff -
None

Public Comment

Phyllis Bergiel– requested a follow up to a prior issue that has not been resolved regarding a tax exemption for non-residents of the town that have been added into the Sanitary District. She referenced a letter she received from Bond Counsel today that stated waiving the fees would negate the validity of the fee structure, making it arbitrary. She stated that she believes this is a matter of ethics.

Mr. Kil commented on the attorney’s response regarding the waiving of fees. Mr. Austgen cautioned about using the term “tax”; there is a rate and a charge. Mr. Kil stated that Ms. Bergiel does have representation because she is in the Sanitary District. Discussion ensued.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 8:22 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-16-2004 Town Council

September 16, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; Tim Kuiper for David Austgen, Attorney; Steve Kil, Town Manager; Fred Frego, Chief of Police; and Sherry Sury, Clerk-Treasurer.

Swearing-In Ceremony –

Ms. Sury administered the oaths to the new Reserve Police Officers: David L. Rybicki, David M. Oszust, Jerrod S. Martin, and Brenda L. Smith.

Award Presentation –

Mr. Pearson presented a Service Award to Police Corporal Dale Poston and Canine Officer Falko for ten years of service to the Town of St. John. Mr. Fryzel presented a Retirement Badge to Officer Falko.

Old Business

Public Hearings

Ordinance #1357, Annexation Petition for Saddle Creek Development (continued)
Mr. Kil confirmed that the sign publicizing the hearing was posted and that the proofs of publication were in order. Mr. Todd Olthof gave an overview of the development. Mr. Volk stated that he is against multi-family housing.

Public Comment

Phyllis Bergiel, 14350 101st Avenue - asked how far east from Calumet Avenue the development would be. Mr. Olthof responded that it would be approximately 621.71 feet.

Kevin Cole, 10652 Manor Drive - asked why there is a need for annexation and if there would be any one-acre lots. Mr. Olthof stated that nothing is finalized yet. Mr. Kil mentioned the reason for the annexation is because this location is within the Utility District.

Mr. Barenie motioned to consider Ordinance #1357 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Ordinance #1355, an ordinance establishing a schedule of certain Rates and Charges to customers of the Sewage Works Utility –
Mr. Kuiper stated that the Proofs of Publication were in order. Mr. Kil stated that this is the last step to be taken and directed any questions to Mr. Carter, financial consultant from H.J. Umbaugh or Mr. Faccenda from Barnes & Thornburg. Mr. Volk asked what the exact amount of the increase would be to the users. Mr. Carter responded that it would be a 5% across the board increase in all charges. A typical consumption level of 7,000 gallons would be an increase of about $1.50 on the monthly bill. This will generate about $67,000 of additional revenue for the Sewage Works, which is necessary to meet the operating cost, the debt service costs on the proposed bond and the debt service reserve and also provide additional money for capital improvements.

Public Comment

Phyllis Bergiel – questioned the user fee asking if it was for the entire district. Mr. Carter stated that the user fees are only for the customers connected to the Town’s utility system.

Public Comment closed

Mr. Pearson motioned to adopt Ordinance #1355. Seconded by Ms. Teibel. Motion carried with four ayes and one nay by Mr. Volk.

New Business

Ordinance #1354, 2005 Budget Adoption –
Ms. Teibel motioned to adopt Ordinance #1354. Seconded by Mr. Barenie. Motion unanimously passed.
Lake County Public Library –
request to waive permit fees – Mr. Kil stated that the Library Board has applied for their building permit. The building portion is $11,035.50; the utility portion is $11,256.54 for a total of $22,292.04. Mr. Fryzel stated that the Council supports waiving all the building permit fees but not the utility fees. Mr. Pearson motioned to waive the building permit fees for the new St. John Public Library branch in the amount of $11,035.50. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1362, amending Ordinance #1003, a Disaster Plan for the Town of St. John, to comply with standards developed with the National Incident Management System –
Mr. Barenie motioned to consider Ordinance #1362 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1362. Seconded by Ms. Teibel. Motion unanimously passed.

Resolution #04-09-16, authorizing the organization of a Building Corporation for the purpose of construction of a Municipal Complex Facility –
Mr. Kil provided an overview of the process. Mr. Volk asked about the drawings along with the project cost. Discussion ensued. Ms. Teibel motioned to adopt Resolution #04-09-16. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
Ms. Sury asked permission to use the Town Hall and the Public Works Building for the election on November 2nd. Mr. Pearson motioned to allow the use of the Town Hall and the Public Works / Animal Control Building on the corner of White Oak and 101st. Seconded by Ms. Teibel. Motion unanimously passed.
Staff –
Mr. Kil stated that at the last meeting they rejected the bids for the new snowplow, the two and one half ton truck, in favor of seeking proposals for the mini-snow dump truck. Four dealers were asked for quotes, two responded. River Oaks was $28,100 and Art Hill is $32,680. Proposals were then solicited for the snow removal equipment. He received two bids for the snow removal equipment, from Lindco and Adams Equipment. Mr. Pharazyn recommended awarding the snow equipment proposal to Lindco because Adams could not meet the strobe light requirements. Discussion ensued regarding the condition of the existing vehicles, the maintenance schedule and the possibility of having a town mechanic in the future. Mr. Pearson asked that more dealerships be contacted for proposals for the purchase of the truck.

Mr. Fryzel stated that Christmas in the Park would begin in December and summarized the event. The Events Committee has sent advertising out to all businesses in town to sponsor a tree and all the departments of the Town have already sponsored a tree. He requested that the Town Council sponsor a tree along with the Clerk-Treasurer’s office. Ms. Teibel motioned that the Clerk-Treasurers office and the Town Council sponsor a tree in the park not to exceed $30.00 each. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment –

None

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion unanimously passed. Meeting adjourned at 7:43 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-23-2004 Town Council

September 23, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; Steve Kil, Town Manager; Fred Frego, Chief of Police; and Sherry Sury, Clerk-Treasurer. Attorney David Austgen was absent.

Approval of minutes of the August 19, 2004 Regular Meeting, August 26, 2004 Executive Session and August 26, 2004 Regular Meeting –

Mr. Pearson motioned to approve the minutes of the August 19, 2004 Regular Meeting, the August 26, 2004 Executive Session and the August 26, 2004 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business

Ms. Teibel motioned to adopt Resolution #04-09-23. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1357, Annexation Petition for Saddle Creek Development –
Ms. Teibel motioned to adopt Ordinance #1357. Seconded by Mr. Pearson. Motion unanimously passed.

Public Hearing

Ordinance #1353, an ordinance amending Ordinance #537 –
Mr. Kil stated that the Proofs of Publication were in order according to his conversation earlier with the attorney. He stated that this is a housekeeping item recommended by the State Board of Accounts. Ordinance #537 was for sewer taps that the town no longer performs.

Public Comment – None

Ms. Teibel motioned to consider Ordinance #1353 on the first reading only. Seconded by Mr. Pearson. Motion unanimously passed.

New Business –

None

Reports & Correspondence

Town Council
Mr. Volk stated that he received a petition from Mrs. Knabenhans whose family owns Knabenhans Motor Sales on U.S. 41 on the south side of town. She become concerned about tax abatements after the Strack’s and Target TIF area was established and started a petition for the town not to consider any more TIF’s. The petition contains approximately 115 signatures.

Ms. Teibel mentioned that she saw Mrs. Knabenhans and Mr. Joe Hero outside the town hall requesting signatures from the residents and expressed her concern that the residents did not know what they were signing. She would like to contact each resident that signed the petition.

Mr. Fryzel stated that the Council is on record as opposing TIF’s and that this development was an existing TIF district. He accepted the remonstration for the record.

Mr. Volk stated that he received a phone call from a resident regarding the ongoing removal of trees and brush on 93rd Avenue along the Lake Hills Development. Discussion ensued.

Clerk-Treasurer –
None
Chief Frego –
None
Staff –
None

Payment of Bills -

#8456 through #8636 in the amount of $751,763.26 for the Corporation- Mr. Pearson motioned to approve payment of vouchers #8456 through #8636 in the amount of $751,763.26 for the Corporation. Seconded by Ms. Teibel. Motion unanimously passed.

Public Comment

Mr. Kil stated that he received a request that the Town send a police car and a fire truck to Rohrman Park on October 16, 2004 at 2:00 p.m. for the tree planting memorial service. RAL Landscaping has been coordinating the event in honor of the police and firefighters and expects this to be a well-attended event.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:10 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

10-21-2004 Town Council

October 21, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:01 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

Approval of the minutes of the September 16, 2004 Regular Meeting and September 23, 2004 Regular Meeting –

Mr. Pearson motioned to approve the minutes of the September 16, 2004 Regular Meeting and September 23, 2004 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Public Hearings

Preliminary Determination Hearing for St. John Building Corporation.
Resolution #04-10-21, a resolution making a Preliminary Determination to enter into a Lease and establishing its intent to reimburse itself – Mr. Austgen stated that the Proofs of Publication were in order and appeared in the Times and Post Tribune on October 1, 2004. The matter has been properly advertised.

Mr. Kil provided the opening remarks and stated that the Town is constructing a new Public Safety Building that will house the Police and Fire Departments, the expansion and remodeling of the Town Hall, a new Public Works facility and the construction of baseball fields. A PowerPoint presentation showed the existing buildings and problems within each that included lack of workspace, storage, inadequate electrical wiring, cramped computer space and more. The cost of the proposed facilities was discussed and Mr. Kil compared this cost with other communities; this project compares favorably. The community survey results were reviewed. A preliminary site plan was presented and the proposed total project cost is $8.75 million dollars; law mandates some of the design requirements.

Mr. Steve Carter, Financial Advisor for the town from H. J. Umbaugh & Associates, stated that the Building Corporation would lease the property back to the town. Bonds will be sold to pay for the construction and will be paid back over twenty-two or twenty-three years. They are trying to keep the cost to the homeowner at seven cents per $100.00 of assessed value, a $150,000.00 assessed home would be about $6.50 a month, a $250,000.00 assessed home would be just over $12.00 a month, a $350,000.00 assessed home would be about $18.00 per month.

Questions were taken from the floor during the presentation. Topics addressed by residents included the projected growth of the town, the tax amount charged to each home, survey information, the proposed fire station at the SE quadrant of town and the status of the K-Mart building and Ice Arena in relation to this project. A representative from the St. John Youth Baseball thanked the Town and offered support for the project stating that the baseball facilities are in the same similar condition as the town buildings. (Public Hearing Attendance Sign in Sheet attached.)

Tom Busch, 10178 Walsh Street – questioned the purpose of the project being handled through the Building Corporation. Mr. Kil explained the need for the Building Corporation and its purpose.

Alex Monanteras, 9823 E Oakridge – stated that he supported the new Town complex and praised the council for their efforts in working so diligently on this project.

Mr. Fryzel closed the floor to public comment.

Mr. Volk stated his concern that the $9 million dollar price tag may be a burden on some taxpayers; he suggested that perhaps the baseball field can be eliminated or have elements of the project phased in or even extend the length of the bond.

Mr. Barenie stated that he strongly supports the entire project as it is and feels it will ensure continued superior services for the town and the residents. It will promote community pride as well as preserving the opportunity for the children to enjoy recreational sports as the town grows. Some items will be a financial burden on some residents but a dollar amount cannot be placed on building friendships and lifetime memories.

Mr. Fryzel stated that the council has been very conservative with this project compared to other communities.

Mr. Kil read Resolution #04-10-21, a resolution making a preliminary determination to enter into a lease and establishing its intent to reimburse itself.

Ms. Teibel motioned to adopt Resolution #04-10-21, a resolution making a preliminary determination to enter into a lease and establishing its intent to reimburse itself. Seconded by Mr. Pearson. Motion carried with four ayes and one nay by Mr. Volk.

Mr. Fryzel stated the Public Hearing was over.

A five-minute break was taken from 8:05 p.m. to 8:10 p.m.

Bid Opening – Joliet Street Storm Sewer Project –

Mr. Austgen stated that the Proofs of Publication appeared to be in order subject to receiving the publisher’s actual affidavit and that it was published the same day as the Post Tribune’s. He reviewed the bids and stated that they were in order.

Grimmer Construction $161,015.50
Hasse Construction 143,600.00
Gatlin Plumbing and Heating 95,427.75
DeBoer Corporation 163,546.00
Gough, Inc. 167,013.61

Mr. Fryzel referenced the bid amounts and stated that they should have come in at $75,000 and inquired if the bid was presented properly. Mr. Pharazyn recommended that the bids be taken under advisement so he can review the bids with the Town Engineer.

Mr. Barenie motioned to take the bids under advisement. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business

Ordinance #1353, an ordinance amending Ordinance #537 (Second Reading) –
Mr. Austgen recommended that this ordinance not be a joint ordinance with the Sanitary District and suggested that it be deferred until next month. Mr. Pearson motioned to defer this item to next month. Seconded by Ms. Teibel. Motion unanimously passed.

New Business

Ordinance #1363, an ordinance prohibiting non-storm water discharges in the storm water collection system –
Mr. Kil stated that this is an IDEM requirement for MS4. Ms. Teibel motioned to consider Ordinance #1363 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1363. Seconded by Ms. Teibel. Motion unanimously passed.

Ordinance #1364, an ordinance implementing Park and Recreation program fees –
Mr. Austgen stated that this would bring the fees current to that of the Park and Recreation program fees. Ms. Teibel motioned to consider Ordinance #1364 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1364. Seconded by Mr. Pearson. Motion unanimously passed.

Weston Ridge – Unit One – Letter of Credit reduction to the amount of $46,025.10 (favorable recommendation from the Plan Commission) –
Mr. Pearson motioned to reduce the letter of credit to $46,025.10. Seconded by Mr. Barenie. Motion unanimously passed.
Weston Ridge – Unit Four – Letter of Credit reduction to the amount of $170,864.65 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to reduce the letter of credit to $170,864.65. Seconded by Mr. Pearson. Motion unanimously passed.
Weston Ridge – Unit Five – Letter of Credit reduction to amount of $17,050.00 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to reduce the letter of credit to $17,050.00. Seconded by Mr. Barenie. Motion unanimously passed.
Lake Hills – establishing a Letter of Credit in the amount of $500,000.00 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the letter of credit in the amount of $500,000.00. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #04-10-21A, resolution transferring funds with a category of Appropriations –
Mr. Kil stated that this transfers funds within the administration budget, the PD budget, and the Building and Planning budget. It is a normal housekeeping matter. Mr. Pearson motioned to adopt Resolution #04-10-21A. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Mr. Kil stated that he would like to add three reduction letters of credit for approval that received a favorable recommendation from the Plan Commission that were delivered to his office today. They were approved by the Plan Commission last night. They include:

Weston Ridge Cottage Homes in the amount of $41,236.00
Weston Ridge II in the amount of $37,881.44
Woods of Weston Ridge in the amount of $37,271.20.

Mr. Barenie motioned to approve the letters of credit as read by the Town Manager. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Fryzel stated that the DNR has granted approval for the Target and Strack’s project, they will begin working at the site in the next two days.

Payment of Bills -

#8637 - #8685 in the amount of $875,783.81 for the Corporation – Mr. Pearson motioned to approve bills #8637 – #8685 in the amount of $875,783.81 for the Corporation. Seconded by Ms. Teibel. Motion carried with four ayes and one nay by Mr. Volk.

Public Comment –

None

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion unanimously passed. Meeting adjourned at 8:28 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

11-18-2004 Town Council

November 18, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:08 p.m. Boy Scout Troop #561 held a flag ceremony followed by the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

Approval of minutes for the October 21, 2004 Regular Meeting –

Ms. Teibel motioned to approve the minutes for the October 21, 2004 Regular Meeting. Seconded by Mr. Pearson. Motion unanimously passed.

PUBLIC HEARINGS

Ordinance #1365, Annexation Petition for Lake Central School Corporation –
Mr. Austgen stated that the proofs of publication were in order. Mr. Ed Vargo, Director of Construction of the Lake Central School Corporation, made the opening remarks. The property will be developed as a middle school.

Public Comment – None

Mr. Barenie motioned to consider Ordinance #1365 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Old Business

Ordinance #1353, an ordinance amending Ordinance #537 (second reading) –
Ms. Teibel motioned to adopt Ordinance #1353. Seconded by Mr. Pearson. Motion unanimously passed.

New Business

Resolution #04-11-18, a resolution authorizing entry into a Joint Interlocal Cooperation Agreement with the Lake County Sheriff’s Department and authorizing the Town Council President to execute same –
Chief Frego stated that the County received a Homeland Security Grant to implement the Spillman Information Management System that would centralize information about crime activity and individuals involved within the Lake County area and part of Illinois. All the communities would be able to access the information. The town will be charged $4,000.00 a year for maintenance starting in 2006. Mr. Barenie motioned to adopt Resolution #04-11.18. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #04-11-18A, adopting Year 2004 Bi-Town Animal Control Agreement –
Mr. Fryzel stated that Mr. Kil, Chief Frego and Ms. Teibel met with the Dyer officials and drafted a new agreement. This year’s agreement is based on call volume, 60% for Dyer and 40% for St. John, which will be a $10,000.00 saving for St. John. The cost may go down further depending upon the call volume. Mr. Pearson motioned to adopt Resolution #04-11-18A and to authorize the Town Council President to execute the agreement. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1366, 2005 Salary Ordinance –
Mr. Volk stated his concern with the numbers in comparison to the 2004 Salary Ordinance, the department heads and higher salaried employees received larger raises. Mr. Volk motioned to table Ordinance #1366. No second. Motion died due to the lack of a second. Mr. Kil explained the calculations, 4% for non-exempt employees and 5% for department heads from last year’s base salary. Mr. Volk stated that he did not see the 4-5% increases; his figures show substantially higher percentages. Ms. Sury stated the reason for a higher salary increase for the Deputy Clerk and Clerk-Treasurer are due to a substantial increase in workload because the town is growing so quickly. Ms. Teibel made a statement regarding the increased workload of the employees, the increased health care costs and stated that the employees deserve a good salary increase. Mr. Barenie also complimented and thanked the town employees. Mr. Volk stated that he is not opposed to the 4-5% raises; he is concerned that his figures do not match the percentages. Ms. Teibel motioned to consider Salary Ordinance #1366 with a 4% increase for non-exempt employees, 5% for department heads with the exception of the Clerk-Treasurer and Deputy Clerk. Seconded by Mr. Barenie. Roll call vote: Ms. Teibel, aye; Mr. Volk, nay; Mr. Pearson, aye, Mr. Barenie, aye; Mr. Fryzel, abstention. Motion passed with three ayes, one nay by Mr. Volk and one abstention by Mr. Fryzel. Mr. Fryzel asked Mr. Kil to have this item placed on the agenda for a special meeting the first week of December.
Authorization to employ two additional Police Officers –
Albert Amptmeyer and Nicholas Stamate - (favorable recommendation from the Police Commission) – Mr. Pearson motioned to authorize the hiring of Officers Amptmeyer and Stamate. Seconded by Mr. Barenie. Motion unanimously passed.
Reject bids for the Joliet Street Storm Sewer Project and authorize re-bid –
Ms. Teibel motioned to authorize the re-bid of the Joliet Street Storm Sewer Project. Seconded by Mr. Barenie. Motion unanimously passed.
Authorization to advertise for bids for: Forrest Drive Drainage Project; Patterson Street Drainage Project; and 93rd Avenue Drainage Project –
Mr. Pearson motioned to authorize the bidding for the Forrest Drive Drainage Project, the Patterson Street Drainage Project and the 93rd Avenue Drainage Project. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Fryzel suggested that changes to the Subdivision Control Ordinance be undertaken. He stated that there was a problem with the building constructed next to Walgreen’s whereas the front of the building has a different brick than on the backside. Mr. Kil stated the referenced provision is in the Zoning Ordinance. Mr. Austgen stated that a public hearing must be held to amend the ordinance.
Clerk-Treasurer
Ms. Sury reminded the Council members there is only one meeting in December and it will be on December 16th. She also asked permission to close the Clerk’s office to the public on December 30th for the year-end close of books. The Town Council granted permission for the office closure.
Staff –
None

Payment of Bills -

#8846 through #9007 in the amount of $607,325.20 for the Corporation – Ms. Teibel motioned to pay bills #8846 through #9007 in the amount of $607,325.20 for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment

Mr. Eric Anderson, a 20-year Police Department employee, stated that since the inception of this council he has not seen a more professional, positive or relaxed working environment.

Mr. Mike Schilling thanked the Town Council.

Mr. Ubriaco, 8731 Verbena - stated that his wife passed away October 30th, he is going to open his house to other MS patients and would like to start a foundation in his wife’s name. He thanked the fire and police employees for their help over the years.

Mr. Paul Forsythe, Public Works employee, stated that he has worked for the town a short time and commented on how things run smoothly. He thanked the Council for their appreciation of the town employees.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 8:00 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-02-2004 Town Council

December 2, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer.

NEW BUSINESS

Ordinance #1366, the 2005 Salary Ordinance (2nd Reading) –
Ms. Teibel motioned to adopt Ordinance #1366. Seconded by Mr. Pearson. Motion passed with three ayes, one nay by Mr. Volk, and one abstention by Mr. Fryzel.
Ordinance #1367, amending Ordinance #1349 regarding Waterworks System Development Charges –
Mr. Fryzel asked that this ordinance be approved on first reading only because a public hearing was needed. Discussion ensued and the public hearing will be held the first meeting in January. Ms. Teibel motioned to consider Ordinance #1367 on first reading only. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1368, amending Ordinance #1350 regarding Sewage Works System Development Charges –
Mr. Fryzel asked that this ordinance be approved on first reading only because a public hearing was needed. The public hearing will be held the first meeting in January. Mr. Pearson motioned to consider Ordinance #1368 on first reading only. Seconded by Ms. Teibel. Motion unanimously passed.
Weston Ridge – Unit Three – Letter of Credit in the amount of $14,300.00 (favorable recommendation from the Plan Commission) –
Mr. Barenie motioned to accept the Letter of Credit in the amount of $14,300.00. Seconded by Mr. Pearson. Motion unanimously passed.
Consider donation to Tri-Town Pop Warner Football in the amount of $500.00 –
Mr. Kil stated that the team is going to the Superbowl in Florida in 2005 and asked that the Town Council help offset the cost. Mr. Volk stated his concern and asked if it is the council’s right to give away taxpayer money and what precedence this type of donation would set for other organizations. Mr. Kil stated that the donation would be paid out of the Cable TV Promotional Fund. Mr. Austgen stated that the law permits these types of donations and the State Board of Accounts recognizes this as long as the fund is property set up. Mr. Barenie motioned to donate $500.00 to the Tri-Town Pop Warner Football to help cover their expenses for their trip to the 2005 Superbowl. Seconded by Ms. Teibel. Motion unanimously passed.

PUBLIC COMMENT –

None

Mr. Kil stated that the Plan Commission approved a Letter of Credit for St. John Marketplace LLC or $1,903,568.00 and asked if the Town Council could approve this letter of credit at this meeting. Mr. Pearson motioned to amend the agenda to add the Letter of Credit for St. John Marketplace LLC in the amount of $1,903.568.00. Seconded by Mr. Barenie. Motion passed with four ayes and one abstention by Ms. Teibel.

Mr. Barenie motioned to accept the Letter of Credit for St. John Marketplace LLC in the amount of $1,903.568.00. Seconded by Mr. Pearson. Motion passed with four ayes and one abstention by Ms. Teibel.

Mr. Volk asked if a press release was issued for the openings on the boards and commissions for next year. Discussion ensued.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 6:10 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-16-2004 Town Council

December 16, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town, Manager; and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego and Fire Chief Fred Willman.

Approval of minutes of the November 18th, 2004 Executive Session and the November 18th, 2004 Regular Meeting –

Mr. Pearson motioned to approve the minutes of the November 18th, 2004 Executive Session and the November 18th, 2004 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business –

None

New Business

Resolution #04-12-16, adopting the Fiscal Plan for Lake Central School Corporation –
Mr. Barenie motioned to adopt Resolution #04-12-16. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1365, Annexation Petition for Lake Central School Corporation –
Mr. Pearson motioned to adopt Ordinance #1365. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1369, an ordinance amending the Town of St. John Personnel Policy Manual regarding Vacation and Sick Leave –
Mr. Fryzel stated that this ordinance is to change two items: 1) to extend the bank of sick hours from 320 to 400 for all town employees; and 2) to allow all town employees to follow the same vacation guidelines, going from vacation hours to vacation days for all employees. Ms. Teibel motioned to consider Ordinance #1369 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt to adopt Ordinance #1369. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1370, an ordinance amending the Capital Asset Policy of the Town of St. John –
Ms. Sury stated that this is to get all the threshold amounts the same. Mr. Pearson motioned to consider Ordinance #1370 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1370. Seconded by Ms. Teibel. Motion unanimously passed.

Letter of Credit for Stone Gate Subdivision in the amount of $191,298.55 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the letter of credit in the amount of $191,298.55. Seconded by Ms. Teibel. Motion unanimously passed.
Release of Letter of Credit for DeYoung Interiors in the amount of $65,000.00 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the letter of credit in the amount of $65,000.00. Seconded by Ms. Teibel. Motion unanimously passed.
Consider request for Special Exception for the construction of a Municipal Facility in an R-1 zoning district (favorable recommendation from Board of Zoning Appeals) –
Mr. Volk requested that his comments for the record state that he is still opposed to the purchase of the property for several reasons. Mr. Pearson motioned to approve the special exemption by incorporating the findings of fact by the Board of Zoning Appeals. Seconded by Ms. Teibel. Motion passed with four ayes and one nay by Mr. Volk.
Resolution #04-12-16A, a resolution of the Town of St. John receiving and approving the petition of taxpaying citizens requesting the leasing of certain facilities, making a determination of need and taking other actions regarding the proposed lease –
Ms. Teibel motioned to adopt Resolution #04-12-16A. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk.

Mr. Volk requested to make a few comments on the bond itself; he stated that he believed all the ball fields, along with the park buildings and facilities that would be renovated should be removed from the bond. The bond should focus only on the municipal buildings. He also stated that all the decisions and input came from the department heads and employees and suggested that the public review and determine what the wants and needs are. Mr. Volk motioned that the Town Council establish a building committee compiled of residents. They would review the final decisions and make the final decisions of the need as requested in the petition they turned in to the council. Motion died for lack of a second.

Mr. Fryzel stated that they have had public hearings, there has been no remonstrance(s) and he trusts the input of the department heads. He also commented on the need for the new park facilities. Discussion ensued. Items addressed included the possibility of having the park board take out a bond for their needs, property acquisition and the cost constraints of the project. It was stated that it is monetarily advantageous to take out only one general obligation bond for everything. Mr. Austgen explained for clarification that the requirements of law, financing, and purpose for the general obligation bond have been met including the need for the property acquisitions.

Award Contract for installation of the Opticom System –
Mr. Kil stated that this is for the installation of the emergency vehicle pre-emption system and new traffic signals on Route 41. Ms. Teibel motioned to award the contract to Hawk Enterprises in an amount not to exceed $28,601.40 for the installation of the Opticom System. Seconded by Mr. Barenie. Motion unanimously passed.
Consider award of Storm Water Projects –
Mr. Kil referenced a letter from Robinson Engineering regarding the review of bids for the Joliet Street Storm Sewer Project. Ms. Teibel motioned to award the bid to St. John Plumbing in the amount of $86,950.00 for the Joliet Street project. Seconded by Mr. Pearson. Motion unanimously passed.
Authorization to advertise for bids of Municipal Waste Disposal –
Mr. Pearson motioned to authorize the bidding of the waste disposal contract. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1371, an ordinance amending the Personnel Policy Manual related to Fire Department Personnel –
Mr. Austgen stated that this ordinance is to include the volunteer fire fighters – Ms. Teibel motioned to consider on first reading Ordinance #1371 pending the wording deletion under Section 1, 1.3. (“and sworn members of the Volunteer Fire Department”) Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1371. Seconded by Ms. Teibel. Motion unanimously passed.

Resolution #04-12-16B, transfer of appropriations for the various funds of the Town of St. John –
Mr. Pearson motioned to adopt Resolution #04-12-16B. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
None

Payment of Bills for the Corporation,

General APV’s #9008 - #9226 for $815,721.78 – Mr. Pearson motioned to pay bills #9008 - #9226 in the amount of $815,721.78. Seconded by Ms. Teibel. Motion passed with four ayes and one nay by Mr. Volk.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:40 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-28-2004 Town Council

December 28, 2004 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 6:01 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Also in attendance were Police Chief Fred Frego and Bob Pharazyn, Public Works Director.

Swearing-In Ceremony:

Ms. Sury administered the oaths to Police Officers Nicholas Stamate and Michael Moffitt.

Old Business –

None

New Business

Resolution #04-12-28, extending the repayment deadline of the WasteWater Treatment Plant Expansion Fund, as authorized by Resolution #04-05-20A –
Mr. Pearson motioned to adopt Resolution #04-12-28. Seconded by Ms. Teibel. Motion unanimously passed.
Resolution #04-12-28A, extending the repayment deadline of the Park and Recreational Fund distributed to the Park Operating Fund, as authorized by Resolution #04-05-20C –
Ms. Teibel motioned to adopt Resolution #04-12-28A. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #04-12-28B, extending the repayment deadline of the Park and Recreational Fund distributed to the Park Bond and Interest Fund, as authorized by Resolution #04-05-20B –
Mr. Pearson motioned to adopt Resolution #04-12-28B. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #04-12-25C, extending the repayment deadline of the WasteWater Treatment Plant Expansion Fund, distributed to the Sanitary District Operating Fund, as authorized by Resolution #04-05-20D –
Ms. Teibel motioned to adopt Resolution #04-12-25C. Seconded by Mr. Pearson. Motion unanimously passed.

2005 Board and Commission Appointments

Town Council –
Ms. Teibel nominated Mr. Fryzel for President of the Town Council for the year 2005. Seconded by Mr. Barenie. Nomination approved by unanimous roll call vote.

Mr. Pearson nominated Ms. Teibel for Vice-President of the Town Council for the year 2005. Seconded by Mr. Barenie. Nomination approved by unanimous roll call vote.

Park Board (to replace Rhuben Pittman) –
Mr. Fryzel nominated Ms. Pamela Fink for appointment to the Park Board for a term to expire December 31, 2008. Seconded by Mr. Pearson. Nomination unanimously passed.
Board of Zoning Appeals –
Ms. Teibel motioned to retain Mr. James Maciejewski on the Board of Zoning Appeals for a term to expire December 31, 2008. Seconded by Mr. Pearson. Motion unanimously passed.
Plan Commission –
Ms. Teibel motioned to retain Mr. Denny Wilson for a term to expire December 31, 2008 and staff members Mr. Steve Kil, Mr. Jay Dahlin and Mr. Tim Foley for a term to expire December 31, 2005. Seconded by Mr. Barenie. Motion unanimously passed.
Police Commission –
Mr. Volk nominated Mr. Michael Hanlon for a term on the Police Commission. Motion died due to lack of a second. Mr. Pearson motioned to retain Mr. Ron Vale for a term to expire December 31, 2008. Seconded by Mr. Barenie. Motion passed with four ayes and one nay by Mr. Volk.
Sanitary District and Waterworks District –
Mr. Pearson motioned to nominate Mr. Ken Gembala, Mr. Mike Hanlon and Ms. Patricia Sims-Smierciak to both the Sanitary District and the Waterworks District for a term to expire December 31, 2008. Seconded by Ms. Teibel. Motion unanimously passed.
Redevelopment Commission –
Ms. Teibel motioned to retain the members of the Town Council as members of the Redevelopment Commission for the year 2005. Seconded by Mr. Barenie. Motion unanimously passed.
Yearly Appointments
Mr. Pearson motioned to retain Mr. David Austgen from the firm of Austgen, Decker & Phillips, P.C. as Town Attorney for the year 2005. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to retain Mr. David Austgen from the firm of Austgen, Decker & Phillips, P.C. as Police Commission Attorney for the year 2005. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to retain Russ Prekwas from Robinson Engineering as Town Engineer for the year 2005. Seconded by Mr. Pearson. Motion unanimously passed.

Liaisons Assignments

Mr. Barenie motioned to approve the following liaison assignments:

Plan Commission and Board of Zoning Appeals Gregory Volk

Park Board Mark Barenie

Sanitary District Jerri Anne Teibel

Waterworks District Jerri Anne Teibel

Police Commission Charles Pearson

Planning & Development Advisory Committee Gregory Volk

Economic Development Commission Michael Fryzel

Fire Department Michael Fryzel

Public Works Michael Fryzel

N.I.R.P.C. Sherry Sury

I.A.C.T. Jerri Anne Teibel

Lake County Solid Waste District Charles Pearson

South County Coalition Jerri Anne Teibel

Quad Town Safety Village Jerri Anne Teibel

Motioned seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
Ms. Sury read a statement complimenting the Town Council and thanking the council, department heads and town attorneys for their cooperation.
Staff-
Mr. Kil read one of the many positive communications he received from the residents regarding the Christmas in the Park event. He also complimented the Town Council on how quickly and efficiently the town projects are being done in town. Permission was asked to award the bid for the Patterson Street project at this meeting and noting that at the January 20th regular meeting, the other projects would be awarded.

Ms. Teibel motioned to award the bid to St. John Plumbing in the amount of $56,000 for the Patterson Street stormwater project. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Fryzel thanked the entire council members, department heads, employees and everyone in general for the tremendous job they have done this year. He stated that the comprehensive plan will be presented on January 26th to the Plan Commission and recapped the activities the town has had for the residents this year.

Payment of Bills for the Corporation

vouchers #9227 - #9283 in the amount of $385,572.76 – Ms. Teibel motioned to approve payment of bills #9227 - #9283 in the amount of $385,572.76 for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment –

None

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 6:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

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