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Town Council Meeting Minutes 2005

Meeting Minutes

01-20-2005 Town Council

January 20, 2005 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; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Gregory Volk, Member was absent.

Approval of minutes of the December 2, 2004, Special Meeting; the December 16, 2004 Regular Meeting; the December 16, 2004 Executive Session and the December 28, 2004 Special Year End Meeting –

Mr. Pearson motioned to approve the minutes of the December 2, 2004, Special Meeting; the December 16, 2004 Regular Meeting; the December 16, 2004 Executive Session and the December 28, 2004 Special Year End Meeting Seconded by Ms. Teibel. Motion unanimously passed.

Bid Opening –

Refuse and Recycling Service for the Town of St. John - Mr. Austgen stated that the Proofs of Publication as advertised were in order. The bids were opened in order of receipt and Mr. Austgen stated they were all in order.
ILLIANA DISPOSAL
YEAR 1PER PULLYEAR 2PER PULLYEAR 3PER PULLYEAR 4PER PULL
$11.35$11.80$12.28$12.77
$39,725.00$275.00$41,300.00$280.00$42,980.00$285.00$44,695.00$290.00
FOR YEARS 1 - 4 (same quote)
Removal/disposal appliances per unit $35.00 and No charge without refrigerant
PERFORMANCE WASTE
YEAR 1PER PULLYEAR 2PER PULLYEAR 3PER PULLYEAR 4PER PULL
$9.53$9.63$9.85$10.05
$33,355.00$300.00$33,705.00$300.00$34,475.00$350.00$35,175.00$350.00
FOR YEARS 1 - 4 (same quote)
Removal/disposal appliances per unit $60.00 and $5.00 without refrigerant
ABLE DISPOSAL
YEAR 1PER PULLYEAR 2PER PULLYEAR 3PER PULLYEAR 4PER PULL
$13.41$14.08$14.78$15.52
$46,935.00$315.00$49,280.00$330.00$51,730.00$345.00$54,320.00$365.00
FOR YEARS 1 - 4 (same quote)
Removal/disposal appliances per unit $50.00 and $35.00 without refrigerant
WASTE MANAGEMENT
YEAR 1PER PULLYEAR 2PER PULLYEAR 3PER PULLYEAR 4PER PULL
$14.75$15.19$15.65$16.11
$51,625.00$330.00$53,165.00$340.00$54,775.00$350.00$56,385.00$360.00
FOR YEARS 1 - 4 (DIFFERENT QUOTES)
Removal/disposal appliances per unit below and without refrigerant per unit below
$80.00$20.00$85.00$23.00$89.00$25.00$93.00$27.00
*(NOTICE INCLUDED FOR EACH YEAR ABOVE BY WASTE MANAGEMENT)
Segregated yard waste collection will add $3.00 per house during yard work season

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

Bid Award – Forrest Drive Drainage Project –
Mr. Pearson motion to award the Forrest Drive Drainage Project to DeBoer Egolf in the amount of $112,754.00. Seconded by Ms. Teibel. Motion unanimously passed.

Public Hearings -

Ordinance #1367, an ordinance-amending Ordinance #1349 (Water System Development Charges).
Mr. Kil stated that the proofs of publication were in order and that all the residents living outside of the Town received notification of this hearing as required. Mr. Fryzel opened the floor for comment and hearing none, the floor was closed. Ms. Teibel motioned to adopt Ordinance #1367, an ordinance-amending Ordinance #1349 (Water System Development Charges). Seconded by Mr. Barenie. Mr. Austgen stated that the effective date of this ordinance should be February 1, 2005 instead of July 1, 2004. Ms. Teibel amended her motion to adopt Ordinance #1367 effective February 1, 2005. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1368, an ordinance-amending Ordinance #1350 (Sewage Works Development Charges).
Mr. Kil explained that this ordinance coincides with Ordinance #1367, the proofs of publication were in order and that all the residents living outside of the Town received notification of this hearing as required. Mr. Fryzel opened the floor for comment and hearing none, the floor was closed. Ms. Teibel motioned to adopt Ordinance #1368, an ordinance-amending Ordinance #1350 (Sewage Works Development Charges) effective February 1, 2005. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #05-01-20A, a resolution of the Town of St. John approving execution of Lease with the St. John Building Corporation.
Mr. Austgen stated that the proofs of publication were in order and the hearing on this matter could commence. Mr. Kil provided a verbal project narrative (exhibit A) on the municipal complex. Upon conclusion he stated that staff meetings are conducted to address the progress every two weeks. Mr. Fryzel opened the floor for comment and hearing none, the floor was closed. Mr. Pearson motioned to adopt Resolution #05-01-20A, a resolution of the Town of St. John approving execution of Lease with the St. John Building Corporation. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business –

None

New Business

Resolution #05-01-20, a resolution electing the Town’s full-time Firefighters and Emergency Medical Technicians to join the 1977 Police and Firefighters Pension and Disability Fund as administered by PERF. –
Ms. Teibel motioned to adopt Resolution #05-01-20, a resolution electing the Town’s full-time Firefighters and Emergency Medical Technicians to join the 1977 Police and Firefighters Pension and Disability Fund as administered by PERF. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Fryzel asked for a motion to amend the agenda to accept the Official Roster of the St. John Volunteer Fire Department as presented. Ms. Teibel motioned to amend the agenda. Seconded by Mr. Pearson. Motion unanimously passed. Ms. Teibel motioned to accept the Official Roster as presented. Seconded by Mr. Pearson. Motion unanimously passed.

Consider contract between Town of St. John Municipal Corporation and St. John Volunteer Fire Department for fire and other emergency services of the citizens and residents of the Town of St. John.
Mr. Barenie motioned to approve the contract between Town of St. John Municipal Corporation and St. John Volunteer Fire Department for fire and other emergency services of the citizens and residents of the Town of St. John. Seconded by Ms. Teibel. Motion unanimously passed.
Consider contract between St. John Township Trustee and St. John Volunteer Fire Department for fire and other emergency services of unincorporated area surrounding corporate limits.
Ms. Teibel motioned to approve the contract between St. John Township Trustee and St. John Volunteer Fire Department for fire and other emergency services of unincorporated area surrounding corporate limits in the amount of $22,230.00. Seconded by Mr. Pearson. Motion unanimously passed.
Consider contract between Lake Hills Fire Department and Town of St. John for Radio dispatching services for all related emergencies in unincorporated area.
Mr. Barenie motioned to approve the contract between Lake Hills Fire Department and Town of St. John for Radio dispatching services for all related emergencies in unincorporated area in the amount of $6,684.00. Seconded by Mr. Pearson. Motion unanimously passed.
Consider contract between St. John Township Trustee and Town of St. John for Senior Citizen Drop-In Center and Senior Citizen Bus services.
Ms. Teibel motioned to approve the contract in the amount of $1,500.00 for the Senior Citizen Drop-In Center and Senior Citizen Bus services. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual donation to the Quad Town Safety Village, Inc.
Ms. Teibel motioned to approve the donation of $2,000.00 for the Quad Town Safety Village, Inc. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Mr. Kil stated that three of the four storm sewer projects have now been awarded. He recommended that the 93rd Avenue project should be re-bid. Ms. Teibel made a motion to amend the agenda and to re-bid the 93rd Avenue project. Seconded by Mr. Pearson. Motion unanimously passed.

Payment of Bills for the Corporation vouchers

#7000 - #7134 in the amount of $527,724.38 – Mr. Pearson motioned to approve payment of bills #7000 - #7134 in the amount of $527,724.38 for the Corporation. Seconded by Ms. Teibel. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Barenie motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:25 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

01-27-2005 Town Council

January 27, 2005 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; Tim Kuiper, Attorney; and Steve Kil, Town Manager. Also in attendance was Police Chief Fred Frego. Sherry Sury, Clerk-Treasurer was absent.

Bid Award –

Refuse and Recycling Service for the Town of St. John – Mr. Kil compared the bids of Performance Waste and Illiana (second lowest bidder). The savings by awarding the bid to Performance Waste would be $76,440 the first year. He recommended that the two-year contract be awarded to Performance Waste and stated the cost of $9.53 per household per month for the first year, $9.63 per household per month for the second year and at the end of the two years, we could either choose to re-bid or exercise the renewal options. Mr. Fryzel stated that he has spoken with Mr. McDaniel, the owner of Performance Waste, regarding the condition of the trucks leaving debris and stains on the street. Mr. McDaniel advised Mr. Fryzel they have two new trucks and guaranteed Mr. Fryzel that those trucks would be used in St. John. Ms. Teibel motioned to award the two-year Refuse and Recycling contract to Performance Waste and Recycling according to the bids received at the January 20th meeting. Seconded by Mr. Barenie. Motion unanimously passed.

Old Business

Presentation by Mr. Mike Livovich, Superintendent of Hanover Community School Corporation –
Mr. Livovich stated that he would like the Town Council to collaborate with the Hanover Community Schools on character development. The school has developed a program that identifies four virtues for each month and everyone in the school system from the School Board to the school system employee’s model the virtues. He would like the Town Council to pass a joint resolution and submitted a draft for the council’s review.

New Business

Reduction in Letter of Credit for Renaissance Subdivision – Unit 1 to the amount of $111,095.35 (favorable recommendation from the Plan Commission) –
Mr. Pearson motioned to reduce the Letter of Credit for Renaissance Subdivision Unit 1 to $111,095.35. Seconded by Mr. Barenie. Motion unanimously passed.
Reduction in Letter of Credit for Novo Selo Subdivision in the amount of $24,750.00 (favorable recommendation from the Plan Commission) –
Ms. Teibel motioned to reduce the Letter of Credit for Novo Selo Subdivision to $24,750.00. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #05-01-27, a resolution declaring uncollectible accounts of the Town of St. John as “bad debt” in accordance with Ordinance # 1297 –
Mr. Kil explained the procedural steps taken for collection. Discussion ensued. Mr. Barenie motioned to adopt Resolution #05-01-27, regarding the collection of the bad debts ordinance for uncollectible accounts regarding ambulance services. Seconded by Ms. Teibel. Motion unanimously passed.

Reports and Correspondence

Town Council –
Mr. Volk commended the Public Works Department for the excellent job they did this past weekend during the blizzard.
Clerk-Treasurer –
None
Staff –
Mr. Kil stated they completed the road inventory and has received the certification from INDOT. This is for approximately 50% increase in road mileage, and will translate to a substantial increase in the portion of funds we receive. Discussion ensued.

Mr. Barenie asked how early a resident could begin snow blowing. Mr. Fryzel stated there is some leniency with residents clearing their driveways because of having to go to work. He read a letter that was in the newspaper from a resident regarding the snow removal during the snowstorm.

Mr. Pearson stated that he had an item that needs to be addressed before March on Solid Waste and Recycling. An ordinance must be drafted to require businesses seeking new or renewed licenses to have a written plan on how they are going to reuse, reduce and recycle their trash. This would also apply to individuals seeking demolition permits and multiple type family dwellings. The ordinance is required so that we not to lose this funding. Mr. Kil will work with Mr. Pearson on this item.

Payment of Bills for the Corporation –

Ms. Teibel motioned to accept invoices #7135 - #7174 for the payment of bills in the amount of $151,335.37 for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:22 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-17-2005 Town Council

February 17, 2005 Town Council Meeting Minutes

Mr. Fryzel called the Town Council Regular Meeting to order at 7:01 P.M.

Flag Ceremony –

Girl Scout Troop #515 presented the colors and Mr. Fryzel led the Pledge of Allegiance. He read the Girl Scout Proclamation, proclaiming the week of March 6 – 12, 2005 as Girl Scout Week and March 6, 2005 as Girl Scouts Day in St. John.

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 was Assistant Police Chief Bernie Johnsen for Police Chief Fred Frego.

Old Business –

None

New Business

Resolution # 05-02-17, a resolution adopting the Town of St. John Comprehensive / Thoroughfare Master Plans (favorable recommendation and certification from the Plan Commission on 01-26-2005) –
Ms. Teibel motioned to adopt Resolution # 05-02-17. Seconded by Mr. Pearson. Mr. Volk stated that he noted some changes in the colored edition in the zoning maps on pages 32 and 33. Several developments are shaded in as R-1 and R-2 and requested that the acreage be checked to ensure it is just a shading problem. On pages 25 and 26 Mr. Volk addressed the probability of the placement of potential noted streets. Discussion ensued. Mr. Kil explained that the comprehensive/thoroughfare plan is a guideline and the changes that need to be made are found on pages 32 and 33. Motion unanimously passed noting the above changes include the shading on pages 32 and 33 and to verify the acreage chart.
Knights of Columbus annual “Tootsie Roll” Drive –
Mr. Barenie motioned to authorize the Knights of Columbus to hold their Annual Tootsie Roll Drive on May 7th on the corner of 93rd and U.S. 41. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1372, an ordinance amending Metal and Post Building Construction section of Zoning Ordinance (favorable recommendation and certification from the Plan Commission on 02-02-2005) –
Mr. Fryzel stated that this was put in place to restrict construction on U.S. 41, so that the new construction is brick and stone. Ms. Teibel motioned to adopt Ordinance #1372. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for Rassel & Associates, Inc. –
Ms. Teibel motioned to accept Form CF-1 as presented and to authorize the Town Council President to sign for Rassel & Associates, Inc. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for St. John Professional Center –
Ms. Teibel motioned to accept Form CF-1 as presented and to authorize the Town Council President to sign for St. John Professional Center. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for J.L. Shandy Transportation –
Mr. Barenie motioned to accept Form C-1 as presented and to authorize the Town Council President to sign for J.L. Shandy Transportation. Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual CF-1 Form for Perm Machine –
Mr. Pearson motioned to accept Form C-1 as presented and to authorize the Town Council President to sign for Perm Machine. Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual CF-1 Form for Mize Warehousing; Meyers Development; Schild, LLC; SJCT, LLC and Welch Partners, LLC –
Mr. Barenie motioned to accept Form CF-1 for Mize Warehousing; Meyers Development; Schild, LLC; SJCT, LLC and Welch Partners, LLC and to authorize the Town Council President to sign. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1375, an ordinance establishing a Special Revenue fund for the St. John Farmers Market –
Mr. Barenie motioned to consider Ordinance #1375 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1375. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1374, an ordinance establishing a Special Revenue fund for the St. John Carnival –
Ms. Teibel motioned to consider Ordinance #1374 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1374. Seconded by Mr. Barenie. Motion unanimously passed.

Ordinance #1376, an ordinance establishing a Special Revenue fund for the St. John Women’s Fair –
Ms. Teibel motioned to consider Ordinance #1376 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1376. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
Ms. Teibel read a thank you letter addressed to the Town Council for their generous donation that assisted the Tri-Town Jr. Pee-Wee Football Team in attending the Pop Warner Super Bowl in Florida. A plaque showing a picture of the team was also received.
Clerk-Treasurer –
None
Staff –
None

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-24-2005 Town Council

February 24, 2005 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; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Absent was David Austgen, Attorney. Also present were Fred Frego, Police Chief and Bob Pharazyn, Public Works Director.

Approval of the minutes of the January 20, 2005 Executive Session and Regular Meeting and the January 27, 2005 Regular Meeting –

Mr. Pearson motioned to approve the minutes of the January 20, 2005 Executive Session and the Regular Meeting. Seconded by Ms. Teibel. Motion passed with four ayes and one abstention by Mr. Volk, as he did not attend the meeting.

Mr. Pearson motioned to approve the minutes of the January 27, 2005 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business

Reduction of Letter of Credit for Stonegate Subdivision (favorable recommendation from the Plan Commission) –
Mr. Barenie motioned to accept the reduction of the Letter of Credit in the amount of $52,800.00. Seconded by Mr. Pearson. Motion unanimously passed.
Reduction of Letter of Credit for Weston Ridge “The Woods” Unit 2 (favorable recommendation from the Plan Commission) –
Mr. Pearson motioned to accept the reduction of the Letter of Credit in the amount of $148,033.16. Seconded by Ms. Teibel. Motion unanimously passed.

New Business

Ordinance # 1377, an ordinance amending Master Traffic Ordinance #511 –
Ms. Teibel motioned to consider Ordinance # 1377 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1377. Seconded by Mr. Barenie. Motion unanimously passed.

Consider the purchase of certain real property owned by Randall S. Harmon in the amount of $60,000 –
Ms. Teibel motioned to authorize the purchase of real property owned by Randall S. Harmon in the amount of $60,000. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk.
Consider bid award for 93rd Avenue drainage project –
Ms. Teibel motioned to award the bid to Snow-N-Son to cover the entire project for a total amount of $296,877.00 that will be paid out of the cumulative sewer fund. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to accept the CF-1 forms as presented and to authorize the Town Council President to execute them for MLC Investments and Mr. Buchanan of Crown Limited LLC. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
Mr. Fryzel thanked the council members and the department heads that were in Indianapolis for the tax hearing in reference to the municipal complex. He also thanked the residents of the town for their support in this issue. The Local Government Tax Control Board voted unanimously to approve the town building corporation in the financing of the municipal complex project.
Clerk-Treasurer –
None
Staff –
Mr. Kil stated that the 1986 pick up truck and the fencing at East Park is worthless and asked the Council to declare it as such. Ms. Teibel motioned to declare the 1986 pick up truck and the fencing at East Park worthless. Seconded by Mr. Barenie. Motion unanimously passed.

Payment of Bills for the Corporation

# 7175 - #7371 in the amount of $726,659.71 – Mr. Pearson motioned to approve the payment of bills #7175 - #7371 in the amount of $726,659.71 for the Corporation. 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 7:26 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-17-2005 Town Council

March 17, 2005 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; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present was Fred Frego, Police Chief. Mark Barenie, Member was absent.

Old Business –

None

Public Hearings (Sign in Sheet – Exhibit #1)

Application of the Town of St. John for Year 2005 for Community Development Block Grant Project – Mr. Austgen stated that the Proofs of Publication were in order. Mr. Kil 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 FY2005, the Town of St. John CDBG allocation is $29,430.00.

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 18th 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 1st for review by Lake County.

The floor is open for comments.

Public Comment

Ms. Margo Sabato, Director of South Lake County Community Services – provided an overview of the agency, they provide bus service for senior citizens and people with disabilities. They have about 800 riders, 21 are from St. John. Ms. Sabato requested that the Town allocate $2,500 of the CDBG funding for the fuel expenses of the bus service and $1,500 to be applied for the replacement of a vehicle used for this service for a grand total of $4,000.

Floor closed to public comment

Mr. Kil read the Affirmative Action Program and Section 3 Understanding.

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

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 contract 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 2005

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:__________________________________________________________________

Mr. Pearson motioned to adopt the Affirmative Action Plan. Seconded by Ms. Teibel. Motion unanimously passed.

Resolution #05-03-17B authorizing the 2005 CDBG Project, and directing the Town Council to submit the project proposal. Mr. Kil stated that $4,000.00 would be allocated to the South Lake County Community Services for the bus service. The remaining money will go to the Parks Department to make the parks handicap accessible.

RESOLUTION NUMBER 05-03-17B

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 2005

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 it has held one public hearing to obtain the views of citizens on Community Development needs; 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 Twenty-Nine Thousand Four Hundred Thirty dollars ($29,430.00); 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 uses such funds and is 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 COUNCIL PRESIDENT

ST. JOHN TOWN COUNCIL
_______________________
_______________________
_______________________
_______________________

ATTEST:

_______________________
Sherry P. Sury
CLERK-TREASURER

This resolution shall take effect immediately, having been passed and adopted by the Town Council of the Town of St. John, Lake County, Indiana, this 17th day of March 2005.

Mr. Pearson motioned to adopt Resolution #05-03-17B authorizing the 2005 CDBG Project and directing the Town Council President to submit the project proposal. Seconded by Ms. Teibel. Motion unanimously passed.

New Business

Resolution #05-03-17, a resolution appointing appraisers and taking certain other actions in connection with projects of the St. John Building Corporation –
Ms. Teibel motioned to adopt Resolution #05-03-17. Seconded by Mr. Pearson. Motion passed with three ayes and one nay by Mr. Volk.
Ordinance #1378, an ordinance amending Master Traffic Ordinance #511 –
Mr. Fryzel stated that the sign placement in the Lake Hills subdivision was hard to determine due to the topography of the property and the elevation layout on the subdivision plans. After the signs are installed the Lake Hills subdivision may require that some additional signs be installed and some signs removed. Ms. Teibel motioned to consider Ordinance #1378 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1378. Seconded by Mr. Pearson. Motion unanimously passed.

Consider proposed 2005 Road Projects -
Mr. Kil gave the location of the three projects: 105th Avenue, Pheasant Lane and 93rd Avenue. Ms. Teibel motioned to approve the 2005 road projects as outlined by the Town Manager. Seconded by Mr. Pearson. Motion unanimously passed. Mr. Fryzel asked that the projects be completed by the end of June.
Resolution #05-03-17A, a joint resolution with the Hanover Community School Corporation –
Mr. Pearson motioned to adopt Resolution #05-03-17A. Seconded by Ms. Teibel. Motion unanimously passed.
Arbitrage Rebate Calculations Services Agreement for Umbaugh & Associates related to 2005 First Mortgage Bonds –
Ms. Teibel motioned to approve the agreement and authorize the Town Council President to execute same. Seconded by Mr. Pearson. Motion unanimously passed.
Permission to advertise for sealed bids for the disposal of Town owned property –
Ms. Teibel motioned to authorize the bidding of certain Town property with sealed bids and authorizing the Clerk-Treasurer to open the bids. Seconded by Mr. Pearson. Motion unanimously passed.
Waiver of various application / permit fees for subdivision approval of municipal projects –
Mr. Pearson motioned to waive all municipal fees associated with the Public Works Facility, Town Hall Lot 1 and the Public Safety Building. Seconded by Ms. Teibel. Motion passed with three ayes and one nay by Mr. Volk.

Reports & Correspondence

Town Council
Mr. Fryzel expressed concern regarding the condition of 101st Street from White Oak to Calumet Avenue. He stated that even though the roadway is not in the town’s jurisdiction, he would like Mr. Kil to contact the County to repair the road. Mr. Kil stated that Olthof Development would pay for a portion of the roadway reconstruction.

Mr. Fryzel stated that he would like Mr. Austgen to draw up an ordinance that would require established businesses, churches, any location that has a dumpster, to locate their dumpster in the back or on the side of the building and have this area enclosed. Construction sites would be exempt. Discussion ensued. Mr. Austgen stated that this would be a zoning regulation and would require a public hearing before the Plan Commission.

Mr. Pearson stated that the Lake County Solid Waste Management workshop on March 3rd was very informative. The workshop subject was the need for all the participating towns to incorporate a recycling ordinance to mandate business owners and multi-occupancy homes to recycle the same way homes are required to recycle. This is a requirement so that this town funding is not denied.

Clerk-Treasurer –
None
Staff
Chief Frego announced the canine program would be re-established. A dog was recently purchased from Landheim Training and Boarding and training will commence on April 11. The dog was purchased with funds from the Policemen's Gift Fund, which are donations to the Police Department.

Public Comment

Ms. Karen Cockerham, 10317 Joliet Street - stated that they have had a problem on their street for two years and asked when it will be settled. Mr. Fryzel stated that the re-work has been scheduled for April. Mr. Austgen stated that there is a tort claim and that this subject should not be discussed publicly. He advised that he would be contacting their attorney shortly.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:29 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-24-2005 Town Council

March 24, 2005 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. Also in attendance was Fred Frego, Police Chief.

Approval of the minutes of the February 17, 2005 Regular Town Council and February 24, 2005 Regular Town Council Meetings –

Ms. Teibel motioned to approve the minutes. Seconded by Mr. Barenie. Motion unanimously passed.

Old Business –

None

New Business

Ordinance #1379, an ordinance amending Ordinance #1066, same being an ordinance establishing Traffic School Fees and creating a Police Department Special Revenue Fund –
Discussion ensued regarding the disposition of the processing of the traffic tickets issued on U.S. 41 and how the money from the ticket fines are distributed. Mr. Barenie motioned to consider Ordinance #1379 on first reading only. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #05-03-24, a resolution authorizing Clerk-Treasurer to create new line item in CATV Franchise Budget –
Mr. Barenie motioned to adopt Resolution #05-03-24. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #05-03-24A, a resolution providing for the transfer of appropriations for the various funds of the Town of St. John –
Mr. Pearson motioned to adopt Resolution #05-03-24A. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Town Employee Health Insurance Renewal as submitted by The Braman Agency –
Mr. Vale and Ms. Carla Cohn attended as representatives of The Braman Agency. Presentation included the rates and different drug coverage charges as well as the co-pay amounts for emergency room and urgent care center visits. Questions from the council followed. Mr. Kil stated that he would schedule a meeting with Ms. Cohn and the town employees to inform them of the changes. Ms. Teibel motioned to table this item until the meeting between the insurance carrier and the town employees. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1380, an ordinance re-zoning Saddle Creek Subdivision from R-1 Residential to Residential P.U.D. (favorable recommendation from Plan Commission 03-02-2004) –
Mr. Volk stated that he had a few questions regarding the drainage and restrictors. Mr. Jacob Huppenthal, 11374 West 101st - addressed the council and expressed his concern regarding an increase in rainwater flow through his property along with potential damage to his landscaping and crops due to this new housing project. He stated that he spoke with Mr. Faberbock who promised that he would look into the situation. Mr. Kil stated that the town would monitor the flow. Mr. Volk stated that this is not the final plat and that this ordinance is for zoning purposes only. Ms. Teibel motioned to adopt Ordinance #1380. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk.

Reports & Correspondence

Town Council
Mr. Volk stated that he spoke with Mr. Girman on Forrest Drive. He has voiced concerns for many years with the ditch near his property that has caused flooding on his property. Mr. Volk stated that the problem could be corrected with a backhoe that would clear some of the brush and trees. Discussion followed regarding the drainage on Patterson Street and Forrest Drive. Mr. Kil stated that he would have someone look at the site and estimate the cost for correction of this problem.
Clerk-Treasurer –
Ms. Sury read a thank you letter she received from Ray Bowman, Clerk-Treasurer of Schneider, Indiana. The letter, signed by the Clerk-Treasurer and Schneider Town Council Members, thanked her, the Town Council and citizens for the donation of the Easter egg baskets.

Ms. Teibel motioned to amend the agenda to include the Accounting Services Agreement. Seconded by Mr. Pearson. Motion unanimously passed.

Motion to approve contract with H J Umbaugh - study for issuance of revenue bonds (BANs) for the water utility – Ms. Sury stated that this Accounting Services Agreement has been recommended by the Waterworks District and is forwarding it for approval by the Town Council. It is for the study in pursuit of the financing of the bans for the water utility. Mr. Austgen stated that this is the standard agreement for capital projects and the method of financing of the capital projects. Ms. Teibel motioned to enter the Accounting Services Agreement with Umbaugh & Associates and authorize the Town Council President to execute the agreement. Motion unanimously passed.

Mr. Fryzel thanked the Parks Director, Chip Sobek, and everyone who contributed to the Easter Egg Hunt last weekend. There were over 200 participants.

Staff –
None

Payment of bills for the Corporation, APV’s #7372 - #7560 for $887,167.01 -

Ms. Teibel motioned to pay vouchers #7372 – #7560 in the amount of $887.167.01. Seconded by Mr. Pearson. 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 7:55 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-21-2005 Town Council

April 21, 2005 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. Also in attendance was Police Chief Fred Frego.

Public Forum – IDEM Permit from ANR Pipeline Corporation –

Mr. Kil stated that IDEM is present to answer questions regarding the Air Quality Permit application from ANR Pipeline Corporation. He introduced the IDEM representatives: Ms. Malini Goel, Director, Northwest Regional Office; and from Indianapolis Mr. Paul Dubenetzky, Chief, Air Permits Branch; and Ms. Jenny Acker, Permit Engineer. On behalf of ANR Pipeline: Ms. Corrie Towns, ANR Environmental Engineer; Mr. Ken Van Haitsma, ANR Area Operations Manager (Plant Manager of St. John location), and from Houston, Texas, Mr. Loren Locker, ANR Head of Government Affairs.

Mr. Loren Locker stated that ANR is in the business of transporting natural gas via the pipeline and provided a synopsis of their role in the process.

Mr. Ken Van Haitsma provided an overview of the history of the plant and stated that as transporters of the natural gas, they respond to the needs of the owners of the natural gas. The plant would like to replace an unreliable and mechanically unsound engine with an identical compatible engine that would be in compliance with the regulations established.

Ms. Corrie Towns provided an overview of the requirements to be met for the permit.

Mr. Paul Dubenetzky referenced the handouts available in the back of the room. He stated that the engine must comply with some new federal regulations. The new federal rule regulates the monitoring of pollutants not previously monitored at this location, particularly formaldehyde. He offered to send the residents the final decision and the steps to take for legal remedy if the resident believes a wrong decision was made.

Public Comment (Exhibit A)

Mr. Frank Radanovich, 12603 W. 102nd Avenue - asked for clarification and inquired if this is additional or replacement equipment and if this would address the sulfurized dust that is emitted, the odor, noise and vibration. Mr. Van Haitsma responded that this dust typically shows up in August, they have consulted with Purdue University who said this is a rust fungus that shows up when the lawn is stressed. It was stated that IDEM is not aware of anything they regulate that resembles this description, and that they will investigate. The new engine will be much more controlled with the new emission standards than the current engine.

Mr. Donald Vanderzee, 12537 W. 102nd Avenue – stated that he lives right behind the plant and it smells like diesel and also has problems with the vibration and rust on the grass. Mr. Van Haitsma stated that they do not run diesel at the plant. Diesel is used to run heavy equipment at the plant.

Mr. Jim Koeling, 10434 Nieting Ct. – inquired as to which unit is being removed. He stated that it appeared they would be adding new emissions and that the site seems to be getting larger. He has contacted the EPA and was told they were self-monitored that Lake County only has enough staff to cover the mills and that he is concerned with them being self-monitored. Mr. Dubenetzky, from IDEM, responded that ANR is responsible to track fuel usage and in turn report to IDEM. IDEM inspectors inspect the emissions from the stack. The federal requirement is an annual test to measure the emissions from the engine and there are operating parameters on the catalytic oxidizer. This is the monitoring that ANR must do and they must provide the records when requested by IDEM. He discussed SO2 and ozone requirements and attainment. A brief description of what is covered by Title V was provided.

Mr. Brian Pekny, 12341 W. 102nd Avenue - asked if the amounts on the permit reflect what is released. Discussion ensued regarding how the emissions are calculated and what is ANR’s schedule to bring other engines into compliance. Mr. Van Haitsma stated that they would need to develop a plan to put in place and then have it approved. ANR stated that they are committed to have the controls in place by the compliance date in 2007.

Mr. Joe and Elizabeth Borgia, 10446 Nieting Court - inquired about the gas in the line, the compressor and the yellow stuff coming out of the smokestack. Ms. Acker stated that they would have the inspector take samples from each side of the plant. Mr. Fryzel thanked everyone for attending this public forum and called for a ten-minute recess.

Public Hearings

Resolution #05-04-21, an additional appropriation resolution -
Mr. Austgen stated that the Proofs of Publication were in order for both papers. Mr. Kil provided an overview of this resolution and stated that this resolution addressed the acceptance of appraisals and the additional appropriation in connection with the St. John Building Corporation.

Public Comment – None – (Exhibit B)

Mr. Pearson motioned to adopt Resolution #05-04-21. Seconded by Ms. Teibel. Motion passed with four ayes and one nay by Mr. Volk.

Old Business

Ordinance #1379, an ordinance amending Ordinance #1066, same being an Ordinance establishing Traffic School Fees and Creating a Police Department Special Fund (Second Reading) –
Ms. Teibel motioned to adopt Ordinance #1379 with an amendment that 100% of monies received by the Town after deductions by the Circuit Court Clerk go to the Police Department Special Revenue Fund (please amend Section #2 to reflect this motion). Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Austgen requested that Section Two be amended as follows: that there is hereby created the Police Department Special Revenue Fund into which fund shall be deposited the entire balance of the St. John Driver Education Program Fee that remains after deduction of the amount required for payment of court costs to the Clerk of the Lake County, Indiana Courts as described in Section One above.

New Business

Blue Star Banner Salute Day Proclamation –
Mr. Fryzel read the Proclamation. Mr. Ernie Dillon, Lake County Veteran Service Office, Director of Lake County Veterans Affairs stated that on May 21st Armed Forces Day, the families and soldiers serving our country will be honored with a Blue Star Banner. He stated that Hammond is the Host City from 9 a.m. until noon at the National Guard Armory. Mr. Pearson motioned to declare May 21, 2005 as Blue Star Banner Salute Day. Seconded by Ms. Teibel. Motion unanimously passed.
Indiana Child Abuse and Neglect Prevention Awareness Month Proclamation –
Ms. Teibel read the Proclamation. Mr. Barenie motioned to declare April as Abuse and Neglect Prevention Month for St. John and the rest of the State of Indiana. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1386, an ordinance authorizing the Acquisition, Construction and Installation of certain Improvements for the Waterworks System and Issuance of Revenue Bonds and Bond Anticipation Notes –
Mr. Kil provided an overview of the purpose of the ordinance and stated that this money will be used to raise the water towers and also the removal of the iron in the water. Discussion ensued. Mr. Carter confirmed that the bonds would be paid back by the System Development Charges and gave the details of how the bonds/bans are used for the funding of projects. The funding is not to exceed $2,500,000. Ms. Teibel motioned to consider Ordinance #1386 on First Reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1386. Seconded by Mr. Pearson. Motion unanimously passed.

Consider Petition for Variance of Use submitted by Kenneth J. Ubriaco (Unfavorable recommendation by the Board of Zoning Appeals on March 23, 2005) –
Ms. Teibel motioned to deny the petition for variance of use incorporating the findings of fact by the Board of Zoning Appeals. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk. Mr. Volk stated that Mr. Ubriaco would probably do what he wants to anyway and the Board should try to iron out the residents’ concerns beforehand. Mr. Austgen stated that the BZA took full consideration of the items of concern presented by the residents and Mr. Ubraico.

Mr. Ubriaco, 8731 Verbena Court - stated that #1 the federal law prohibits this in the Americans with Disabilities Act; Valparaiso has a Convergent Housing Ordinance; #2 that he went about this the correct way by asking for a variance; and #3 he took excellent care of his wife and he never had a problem. Discussion ensued regarding the events of the BZA meeting that addressed this variance petition.

Wayne Pondinas, 8781 Verbena - stated that he has had problems with Mr. Ubriaco for ten years.

Ordinance #1381, amending ordinance #1350 concerning charges for sewerage services –
Mr. Kil stated this is ordinance addresses the service line size at point of connection and adds the line sizes of 8, 10, and 12 inches for the system development water and sewer charges. Ms. Teibel motioned to approve Ordinance #1381 on First Reading only. Seconded by Mr. Pearson. Motion unanimously passed. It was announced that the Public Hearing is scheduled for April 28th.
Ordinance #1382, amending ordinance #1349 concerning water rates and charges –
Ms. Teibel motioned to approve Ordinance #1382 on First Reading only. Seconded by Mr. Barenie. Motion unanimously passed. It was announced that the Public Hearing is scheduled for April 28th.
Ordinance #1383, an ordinance amending Town Code Section 20-1 & 20-7 pertaining to solid waste regulations for businesses, multi-family units and demolition permits –
Mr. Pearson, liaison to the Lake County Solid Waste Management District Board, stated that the Board is mandating that each community pass an ordinance to address the reduction, reuse and recycling of solid waste. He explained the actions each entity must take. Mr. Barenie motioned to consider Ordinance #1383 on First Reading. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1383. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1384, an ordinance amending Town Code Section 10-3 / Business License Applications, pertaining to solid waste regulations –
Mr. Barenie motioned to consider Ordinance #1384 on First Reading. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1384. Seconded by Ms. Teibel. Motion unanimously passed.

Uniform Conflict of Interest Disclosure for Michael L. Muenich –
Mr. Barenie motioned to authorize the signing of the disclosure form. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1385, an ordinance related to Hydrant and Sprinkling System charges –
Mr. Fryzel stated that this is also to address hydrant rentals fees for our utility customers in the area outside of town that are in the water district. Ms. Sury stated that the utility users would be billed $3.65 monthly on their water bill for hydrant fees. Ms. Teibel motioned to consider Ordinance #1385 on First Reading. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to authorize a public hearing on May 19, 2005. Seconded by Mr. Barenie. Motion unanimously passed.

Petition of Mary Ann Deutsch to connect to sanitary sewer system at 12520 West 85th Avenue –
Ms. Teibel motioned to grant the petition. Seconded by Mr. Pearson. Motion unanimously passed.
Settlement Agreement of Kencorp vs. Town of St. John –
Ms. Teibel motioned to accept the settlement agreement. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution # 05-04-21A, a resolution authorizing a temporary transfer and loan of funds -
Mr. Pearson motioned to adopt Resolution # 05-04-21A. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1372, a corrected reference for Ordinance #841 (passed earlier with a reference to Ordinance #839 –
Mr. Fryzel stated that he would like the 600-foot limit extended to 1200 feet from U.S. 41 regarding the section on building construction incorporated in this ordinance. Mr. Austgen was requested to schedule a public hearing for this item. Ms. Teibel motioned to adopt Ordinance #1372 as corrected. Seconded by Mr. Pearson. Motion unanimously passed.
Award of F.Y. 2003 and F.Y. 2004 Community Development Block Grant (CDBG) –
Mr. Barenie motioned to award the CDBG project to J & J Newell Concrete. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Fryzel announced that the bids for the Public Works and the Town Hall are due on April 28, 2005, and that will be opened during the regular meeting on the 28th of this month.
Clerk-Treasurer –
None
Staff -
Mr. Kil stated that he has been in communication with Tim Kuiper regarding the brick ordinance and a public hearing is scheduled for June.

Public Comment –

None.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 9:10 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-28-2005 Town Council

April 28, 2005 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; Attorney Tim Kuiper for Attorney David Austgen; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were Police Chief Fred Frego and Bob Pharazyn, Public Works Director.

Approval of the minutes of the March 17, 2005 and March 24, 2005 Public Meetings –

Mr. Pearson motioned to approve the minutes of the March 17, 2005 and March 24, 2005 Public Meetings. Seconded by Ms. Teibel. Motion unanimously passed.

Bid Opening – Municipal Complex Project Phases One (1) and Two (2) -

Mr. Kuiper stated that the Proofs of Publication were in order. Ms. Sury presented the bids for opening to Mr. Kuiper in the order of receipt:
R. HARKER CONST.GOUGH, INC.PANGERE CORP.LI COMBS & SONS, INC.GARIUP CONST.
BID FORMXXXXX
FORM 96XXXXX
ADDENDUMS 1,2,3XXXXX
NON-COLLUSIONXXXXX
BID BONDXXXXX
FINANCIAL STATEMENTSXXXXX
DAYS TO COMPLETE380 DAYSBlank250 DAYS730 DAYS365 DAYS
 
BASE BID # 1
GENERAL CONST
FOR THE PUBLIC
WORKS FACILITY
$2,676,000$2,667,526$2,641,087$2,900,000$2,700,000
 
ALTERNATE BID
#1A FACE BRICK
UPPER WALL –
BLDG 1
$65,349$44,000$51,245$75,875$53,000
 
ALTERNATE BID
#1B SHINGLES
INSTEAD OF
STANDING SEAM
ROOF ON SHOP
AREA ONLY-
BUILDING 1
$62,041$35,000$19,312$40,200$46,000
 
ALTERNATE BID
#1C IN-FLOOR
RADIANT HEATING
IN SHOP AREA
ONLY-BUILDING 1
$51,266$54,000$44,430$58,560$53,000
 
ALTERNATE BID
#1D OVERHEAD
RADIANT HEATING
IN THE SHOP AREA
ONLY-BUILDING 1
$47,368$44,000$46,465$54,950$42,000
 
ALTERNATE BID
#1E ROTARY LIFT
AND PIT MECHANICS
BAY IF BUILDING 1
$91,133$89,000$97,042$102,950$90,000
 
ALTERNATE BID
#1F SKYLIGHTS IN
THE SHOP AREA
ONLY BUILDING 1
$6,500$11,000$7,905$25,760$13,000
 
ALTERNATE BID
# 1G LUNCH
PAVILION
$10,336$11,000$12,259$15,540$13,500
 
ALTERNATE BID
#1H RESURFACING
THIELEN STREET
$6,272$6,600.No Bid$16,400$10,000
 
BASE BID #2
ADDITION AND
RENOVATIONS
TO THE TOWN HALL
$1,065,251No Bid$1,100,536$1,335,000$1,270,000
 
BASE BID #3
COMBINATION
BID TO DO BASE
BID #1 AND BASE
BID #2 (EXCLUDING
ALTERNATES)
$3,774,767No Bid$3,691,943$4,234,595$3,547,000

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

Public Hearings (Exhibit A)

Ordinance #1381, an ordinance amending Ordinance #1350 concerning charges for sewerage services –
Mr. Kuiper stated that the Proofs of Publication were in order and also the notices to the property owners. Mr. Kil referenced Ordinances #1381 and #1382 and stated that these two ordinances were each approved upon first reading at the last meeting and pertain to the point of connection charges adding line sizes of 8, 10 and 12 inches for the system development water and sewer charges.

Public Comment – None

Ms. Teibel motioned to adopt Ordinance #1350. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1382, an ordinance amending Ordinance #1349 concerning charges for water rates and charges -
Mr. Kuiper stated that the Proofs of Publication were in order and also the notices to the vacant landowners.

Public Comment – None

Ms. Teibel motioned to adopt Ordinance #1382. Seconded by Mr. Pearson. Motion unanimously passed.

New Business

Consider Town Employee Health Insurance Renewal as submitted by The Braman Agency –
Mr. Fryzel stated that there would be no increase in the fees paid for health care. Mr. Pearson motioned to approve the 2005 United Health Care Employee Insurance in the amount of $32,873.97 per month. Seconded by Ms. Teibel. Motion unanimously passed.
Uniform Conflict of Interest Disclosure for Jerry Anne Teibel –
Mr. Pearson motioned to authorize the signing of this disclosure form. Seconded by Mr. Barenie. Motion passed with four ayes and one abstention by Ms. Teibel.
Consider award of Fueling Facility Public Works Yard Bid –
The bid opening took place in the St. John Meeting Room at 3:00 p.m. on April 12, 2005, as advertised. Mr. Steve Kil, Town Manager; Mr. Jerry Rice, Robinson Engineering; Ms. Sherry Sury, Clerk-Treasurer; and representatives from Excell Equipment, Ryan Construction, DRW Services and Garuip were also in attendance. Six bids were received before the 3:00 p.m. deadline; all bids received were time and date stamped, compared to the list of the prospective bidder’s list, and arranged in order of receipt for presentation. Mr. Kil verified that the publication was in order as advised by Attorney Dave Austgen.

The bids were opened in order of receipt and presented to Mr. Kil for review. All bids were confirmed by Mr. Kil to be in order except that Ryan Construction did not have the addendum acknowledgements attached. At the conclusion of this bid opening at 3:10 p.m., it was announced that the bids would be taken under advisement with an anticipated date of award being April 21st or April 28th, 2005, during the regularly scheduled St. John Town Council Meeting.

COMPANYBID TOTAL
METRO TANK & PUMP$173,082.00
B&K EQUIPMENT$358,000.00
K PLUS MECHANICAL$205,970.00
GARUIP CONSTRUCTON$189,600.00
DRW SERVICES$155,936.00
RYAN CONSTRUCTION$182,300.00
EXCELL EQUIPMENTNO BID RECEIVED

Mr. Barenie motioned to award the bid to DRW Services in the amount not to exceed $155,936.00. Seconded by Ms. Teibel. Motion unanimously passed.

Consider bid award for various pieces of Public Works Equipment –
The bid opening took place in the St. John Meeting Room at 3:00 p.m. on April 15, 2005, as advertised. Mr. Fryzel, Ms. Teibel and Ms. Sury were in attendance. Mr. Fryzel verified that the publication was in order and the bids were opened in order of receipt and presented to Mr. Fryzel for review. Three bids received late after the noticed and advertised time of 3:00 p.m. were rejected and not opened. One bidder, Mr. Schell did list all his bids together and this bid was reviewed. At the conclusion of this opening at 3:30 p.m. it was announced that the bids would be taken under advisement with an anticipated date of award being April 28, 2005, during the regularly scheduled St. John Town Council Meeting.
ITEM$ BID #1$ BID #2$ BID #3$ BID #4$ BID #5$ BID #6
1990 SWENSON
PV 200 V BOX
SALT SPREADER
$119.00 ANDY’S TRUCK EQ$299.00 SCHELL
1990 WESTERN V
PLOW TRI PLOW
$105.00 TARNOWSKI$526.00 BUCK$50.00 KOBAK$119.00 ANDY’S TRUCK EQ$281.00 SCHULTE$99.00 SCHELL
1989 BUSH HOG
SM60 SIDE MOUNT
READY CUTTER
$651.00 TARNOWSKI$689.00 ANDY’S TRUCK EQ$401.00 SCHELL$299.00 SCHELL
1980 BEV-VAC D-86
SNOW BLOWER
$350.00 H. MONIX$489.00 ANDY'S TRUCK EQ$99.00 SCHELL
SICKLE BAR
CUTTER 7’
$76.00 H.MONIX$125.00 LANGE$129.00 ANDY’S TRUCK EQ$24.00 SCHELL
1985 FMC
SWEEPER 400
$200.00 TARNOWSKI$4,256.00 BUCK$1,689.00 ANDY’S TRUCK EQ$494.00 SCHELL
1990 GMC 1 TON
DUMP TRUCK
$3,156.00 TARNOWSKI$6,000.00 BUCK$2,000.00 KOBAK$2,179.00 ANDY’S TRUCK EQ$3,001.00 SCHELL
TWO 8’ PICK UP
TRUCK UTILITY
$26.00 BUCK$24.00 SCHELL

Mr. Kil recommended that the bids be awarded to the highest bidder for each piece of equipment and each vehicle listed and then identified the highest bid received. Ms. Teibel motioned to award these items as read into the record by the Town Manager. Seconded by Mr. Pearson. Motion unanimously passed.

Proclamation declaring May 20, 2005 and May 21, 2005 as Buddy Poppy sales days and urging all citizens of St. John to support this worthy cause –
Mr. Fryzel read a Proclamation. Ms. Teibel motioned to adopt the Proclamation. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Fryzel requested to amend the agenda to include the Proclamation for the St. John VFW designating the first day of May as Loyalty Day and May 1st through May 7th Vietnam Veterans Recognition Week. Ms. Teibel motioned to amend the agenda and adopt this Proclamation. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1387, an ordinance repealing Ordinance #111, which amended Master Traffic Ordinance #511 -
Mr. Pearson motioned to consider Ordinance #1387 on First Reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1387. Seconded by Ms. Teibel. Motion unanimously passed.

Ordinance #1388, an ordinance establishing St. John Women’s Fair Special Revenue Fund –
Mr. Fryzel referenced the next three ordinances on the agenda and stated that this will allow the transfer of funds from one to another. Mr. Barenie motioned to consider Ordinance #1388 on First Reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1388. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1389, an ordinance establishing St. John Carnival Event Special Revenue Fund –
Mr. Pearson motioned to consider Ordinance #1389 on First Reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1389. Seconded by Ms. Teibel. Motion unanimously passed.

Ordinance #1390, an ordinance establishing the St. John Farmer’s Market Special Revenue Fund –
Ms. Teibel motioned to consider Ordinance #1390 on First Reading. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1390. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Volk stated that last year he received several complaints regarding loud motorcycles and mufflers in town especially on 93rd Avenue in the east corridor. Mr. Fryzel stated that they could be cited if the baffles on the motorcycles have been removed, the other alternative would be to measure the noise with a decimal meter. Discussion ensued. Mr. Kuiper was requested to research this matter.
Clerk-Treasurer –
None
Staff
Mr. Kil – None

Police Chief Frego stated that he received a request from a Lake Central Color Guard member for permission to stand at the street corner of 93rd and Route #41 in an effort to collect money as a fund-raiser on May 7th. Only adults would be allowed in the street collecting the monetary donations. Mr. Pearson motioned to allow the Color Guard of Lake Central on May 7th to conduct this activity at the corner of 93rd and Route #41 for donations. Seconded by Mr. Barenie. Motion unanimously passed.

Bob Pharazyn reminded the Council and the citizens that 93rd Avenue would be closed beginning May 2nd through May 7th for the completion of three projects.

Payment of Bills for the Corporation –

General APV’s #7561 - #7780 for $1,136,471.68 – Ms. Teibel motioned for payment of bills for the Corporation to include vouchers #7561 - #7780 for the amount of $1,136,471.68. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Ms. Nancy Bogue, 9382 West Oakridge Drive - expressed her concern with parking on both sides of the street during Town events at Prairie West Park. Mr. Fryzel stated that no parking would be allowed this year from 94th Place to 93rd Avenue. She also mentioned that the timer on the fountain is set incorrectly, it is going on at night rather than during the day.

Ms. Crothers, 9352 West Oakridge Drive – inquired about the parking for the people who fish at the park. Mr. Fryzel stated that he does not want to have no parking for residents using the park and at the same time prohibiting parking for residents receiving guests at their homes. Discussion Ensued. He suggested a survey of the residents be taken for their feedback. Mr. Kil suggested that Ms. Bogue get the approval of the residents for no parking on the park side and he will do the paperwork.

Adjournment –

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

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

05-03-2005 Town Council

May 3, 2005 Town Council Meeting Minutes

Mr. Fryzel called the special 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; Steve Kil, Town Manager; Robert Pharazyn, Public Works Director; and Sherry Sury, Clerk-Treasurer. David Austgen, Attorney was absent.

Consideration of Bid Award for Municipal Complex Project Phases I and II –

Mr. Fryzel read a prepared statement referencing the disappointment with the bids that were received, opened, and taken under advisement for this project. He suggested that all the bids be rejected and that the project be re-bid for these two phases. Ms. Teibel motioned to reject all the bids and authorize the re-bid of these phases. Seconded by Mr. Pearson. Motion unanimously passed. Discussion ensued. Mr. Fryzel stated that all the contractors that previously paid for the bid packets would not be charged the $100 fee per packet when they requested the re-bid packets (new) and they would also receive the same quantity free that they initially paid for and received.

Town Council Comments –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 6:08 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

05-19-2005 Town Council

May 19, 2005 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. Also in attendance were Fred Frego, Police Chief; Bob Pharazyn, Public Works Director; and Steve Carter, H .J. Umbaugh.

Public Hearings – (Exhibit A)

Ordinance #1385, an ordinance related to Hydrant and Sprinkling System Charges –
Mr. Austgen stated that the Proofs of Publication were in order. Mr. Kil provided a synopsis of this ordinance and stated that it establishes fire protection service (municipal hydrants) and private fire sprinkling systems fees and charges.

Public Comment – None

Mr. Pearson motioned to adopt Ordinance #1385. Seconded by Mr. Barenie. Motion unanimously passed.

Old Business –

None

New Business

Renaissance Subdivision – Phase II – Consider Letter of Credit in the amount of $262,032.22 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to approve the Letter of Credit in the amount of $262,032.22. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1392, amending Ordinance #1366, master salary ordinance, specifically the position of Code Enforcement Officer –
Mr. Pearson motioned to consider Ordinance #1392 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1392. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
Mr. Volk addressed the issue of a property owner on 93rd Avenue whereas the resident has sold cars in the past, had his driveway paved and continues to sell cars. Discussion ensued. Mr. Austgen was requested to send a letter to this resident advising him of this parking ordinance violation.

Mr. Volk advised that the Plan Commission issued a stop work order for the commercial building next to K-Mart by Bank One. Several violations have been noted and they must come before the Plan Commission.

Mr. Volk also mentioned the “dark sky ordinance” the Town of Dyer has enacted and suggested that they get a copy of this ordinance. Mr. Austgen stated that he has a copy and will forward it to the Town Council for review and discussion.

Clerk-Treasurer –
None
Staff –
Mr. Kil requested that the council take action on the changes to the position description of Code Enforcement Officer. Mr. Austgen suggested minor changes in the experience and physical requirements. Discussion ensued. Mr. Pearson motioned to approve the job description for the Code Enforcement Officer with the changes the Town Attorney just mentioned. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Kil stated that the Capital Improvement Plan for Public Works indicates the town is in need of a 2.5-ton snowplow / dump truck. He would like authorization to go out for bids. Ms. Teibel motioned to authorize the advertisement for bids for a snowplow / dump truck. 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. Meeting adjourned at 7:13 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

05-26-2005 Town Council

May 26, 2005 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: Mr. Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Absent were Charles Pearson, Member; and Mark Barenie, Member. Also present was Fred Frego, Police Chief.

Approval of the minutes of the April 21, 2005 Regular Session, the April 28, 2005 Regular Session and the April 21, 2005 Executive Session meetings –

Ms. Teibel motioned to approve the minutes of the April 21, 2005 Regular Meeting, the April 28, 2005 Regular Meeting and the April 21, 2005 Executive Session. Seconded by Mr. Volk. Motion unanimously passed.

Award Ceremony – Commander Frank M. Chapranda –

Ceremony rescheduled for June 16th meeting.

New Business

Deferred Compensation Plan – consider approval for an alternate provider -
Ms. Maureen Piet, one of the two representatives from Waddell and Reed, provided a overview of the company and offered their services as financial planners for the employees of the Town. Their firm can offer assistance in the employees’ deferred compensation plans, help them choose a retirement plan and assistant them in other financial needs. They also can offer workshops on various topics.

Mr. Fryzel stated that currently the employees have three other firms to choose from. The service is at not cost to Town and the employees would decide which firm they would like to sign up with based on their assessment of the companies. Mr. Austgen stated that he has a draft ordinance prepared for consideration for agenda placement on the June 16th meeting. Ms. Teibel motioned to authorize the firm of Waddell and Reed as a deferred compensation provider to the Town of St. John and to direct the attorney, Mr. Austgen, to have the amended ordinance ready for the June 16th meeting. Seconded by Mr. Volk. Motion unanimously passed.

Bicycle / Pedestrian Trail – consider approval of the location control survey plat –
Mr. Kil stated that this is the final document to be sent to INDOT, they have 90 days to go into the letting process and then construction can begin. Ms. Teibel motioned to approve the plat as presented and to authorize the signing of the mylars. Seconded by Mr. Volk. Motion unanimously passed.
Ordinance #1393, amending Master Traffic Ordinance #511 –
Mr. Fryzel stated that this ordinance is to authorize additional stop signs in Homestead Acres. Ms. Teibel motioned to consider Ordinance #1393 on first reading. Seconded by Mr. Volk. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1393. Seconded by Mr. Volk. Motion unanimously passed.

Ordinance #1394, an ordinance amending Ordinance #1356 –
Mr. Fryzel stated that this ordinance corrects a misprint in Ordinance #1356 regarding the number of days the violators have to sign up for traffic school or pay for the violation, 14 days rather than seven days. Ms. Teibel motioned to consider Ordinance #1394 on first reading. Seconded by Mr. Volk. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1394. Seconded by Mr. Volk. Motion unanimously passed.

Reports & Correspondence - (Exhibit A)

Town Council –
Mr. Fryzel acknowledged receipt of a petition by the Thielen / Joliet Citizens Alliance Group. They request that Thielen Street be designated as a no through way for trucks due to violations of speed limits, primarily Holland Trucks. Mr. Kil stated that the truck route would be established, 93rd Avenue to Hack, only on Thielen Street to cross the tracks and enter the business. Their second request is to post a “no truck sign”. He spoke with Holland Trucks and they have no objection. Discussion ensued. An ordinance would be prepared and ready for the meeting in June.
Clerk-Treasurer –
None
Staff –
None

Payment of Bills for the Corporation –

APV’s #7781 - #7951 for $735,160.96 – Ms. Teibel motioned to approve the payment of bills for the Corporation to include vouchers #7781 - #7951 in the amount of $735,160.96. Seconded by Mr. Volk. Motion unanimously passed.

Public Comment –

None

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Volk. Motion unanimously passed. Meeting adjourned at 7:15 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-09-2005 Town Council

June 9, 2005 Town Council Meeting Minutes

Mr. Fryzel called the special 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; Robert Pharazyn, Public Works Director; Fred Frego, Police Chief and Sherry Sury, Clerk-Treasurer.

Bid Opening for Municipal Complex Project Phases I and II -

Mr. Austgen stated that the Proofs of Publication were in evidence and stated that the proceeding could commence. Ms. Sury presented the two bids received to Mr. Austgen in the order of receipt:

Mr. Austgen confirmed that Gariup Construction had included the Bid Form, Addendums 1 and 2, Form 96, Non Collusion Affidavit, Bid Bond in the amount of 5%, and the Financial Statement. The days indicated to complete the project was listed as 300 days. No bid amounts were indicated for Base Bid #1 (General Construction for the Public Works Facility), Alternate Bid #1A (Face Brick Upper Wall Building 1), Alternate Bid #1B (Shingles instead of Metal Roof on Shop Are Only – Building 1), Alternate Bid #1C (In Floor Radiant Heating Instead of Gas Fired Unit Heaters in Shop Area Only – Building 1), Alternate Bid #1D (Rotary Lift and Pit – Mechanics Bay of Building #1), Alternate Bid #1E (Skylights in the Shop Area Only – Bldg 1), Alternate Bid #1F (Lunch Pavilion) eliminated per Addendum #1, Alternate Bid #1G (Wood Pole Barn Structure), Alternate Bid #1H (Light Wells – Wood Pole Barn Structure), and Alternate Bid #1J (Metal Sheeting Wood Pole Barn). The bid amount for Base Bid #2 (Addition and Renovations to the Town Hall) was $1,119,000 with no bid amount for Base Bid #3 (Combination Bid to do Base Bid #1 and Base Bid #2 (excluding alternates) and Alternate #1K (Facebrick upper walls on Building 1). The unit prices were included as follows:

ElectricalAddDeduct
1 outlet (presumed 25’ run; 20 Amp CCT8234 per outlet
1 switch (presumed 25’ run)8234 per switch
1 can light16378 per light
1 2 x 4 Fluorescent8548 per light

Mr. Austgen confirmed that Gil Behling & Son, Inc. had included the Bid Form, Addendums 1 and 2, Form 96, Non Collusion Affidavit, Bid Bond in the amount of 5%, and the Financial Statement. The days indicated to complete the project was not stated. No bid amounts were indicated for Base Bid #1 (General Construction for the Public Works Facility), Alternate Bid #1A (Face Brick Upper Wall Building 1), Alternate Bid #1B (Shingles instead of Metal Roof on Shop Are Only – Building 1), Alternate Bid #1C (In Floor Radiant Heating Instead of Gas Fired Unit Heaters in Shop Area Only – Building 1), Alternate Bid #1D (Rotary Lift and Pit – Mechanics Bay of Building #1), Alternate Bid #1E (Skylights in the Shop Area Only – Bldg 1), Alternate Bid #1F (Lunch Pavilion), Alternate Bid #1G (Wood Pole Barn Structure), Alternate Bid #1H (Light Wells – Wood Pole Barn Structure), and Alternate Bid #1J (Metal Sheeting Wood Pole Barn). The bid amount for Base Bid #2 (Addition and Renovations to the Town Hall) was $898,000 with no bid amount for Base Bid #3 (Combination Bid to do Base Bid #1 and Base Bid #2 (excluding alternates). The unit prices were included as follows:

ElectricalAddDeduct
1 outlet (presumed 25’ run; 20 Amp CCT8535 per outlet
1 switch (presumed 25’ run)8535 per switch
1 can light18085 per light
1 2 x 4 Fluorescent9050 per light

Mr. Barenie motioned to take the bids under advisement. Seconded by Ms. Teibel. Motion unanimously passed. Discussion ensued. Ms. Teibel motioned that the Town will serve as the general contractor for Base Bid #1, the Public Works Facility. Seconded by Mr. Barenie. Motion passed with four ayes, Mr. Volk abstained.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:15 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-16-2005 Town Council

June 16, 2005 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. Also in attendance were Fred Frego, Police Chief and Bob Pharazyn, Public Works Director.

Award Ceremony – Commander Frank M. Chapranda –

Mr. Pearson presented a plaque to Commander Chapranda and read the inscription commending him for 30 years of dedicated service to the St. John Police Department.

Bid Award – Municipal Complex Project Phase Two –

Mr. Stephen M. Maish with the law firm of Maish & Mysliwy representing Gil Behling & Son requested to address the Town Council. He referenced a letter and its contents that included Mr. Behling’s interpretation of the bid requirements that was sent to the Town Council and requested that the bid of Gil Behling & Son be withdrawn. Mr. Fryzel expressed concern that Mr. Behling’s story changed several times regarding his understanding of the bid. Discussion ensued. Mr. Maish stated that his might be due to the fact that Mr. Behling did not make a copy of his bid form when he turned it in. Ms. Teibel motioned to table this item to the meeting of June 23rd. Seconded by Mr. Pearson. Motion unanimously passed.

Old Business

Resolution #05-06-16, a resolution authorizing the participation of the Town of St. John with respect to the IDEM Recycling Grant for the purpose of securing a “chipper truck” for the Public Works Department –
Ms. Teibel motioned to adopt Resolution #05-06-16. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #05-06-16A, a resolution authorizing the issuance of bond anticipation notes by the St. John Building Corporation –
Mr. Kil stated that the BANs would give the Town the flexibility to immediately award the bids for the project. Ms. Teibel motioned to adopt Resolution #05-06-16A. Seconded by Mr. Pearson. Motion passes with four ayes and one nay by Mr. Volk.

New Business

Consider Ordinance #1391, amending Zoning Ordinance, Title XVII – Special Regulations: Section K concerning building construction along U.S. 41 –
Mr. Kil stated that this ordinance pertains to any building construction within 1200 feet of U.S. 41, to be a brick building with specifications on the type of brick to be used and also addresses the trash and fencing enclosure requirements under item B. Mr. Volk asked if this ordinance could be retroactive. Discussion ensued. Ms. Teibel motioned to amend Ordinance #1391 to add Section One, Subsection K, and Section C to add, “all parcels subject to the regulations of this amendatory ordinance as amended from time to time shall come into compliance within six months.” Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to adopt amended Ordinance #1391. Seconded by Mr. Barenie. Motion unanimously passed.

Consider Ordinance #1395, authorizing the firm of Waddel & Reed as a deferred compensation provider to the Town of St. John for Town employees –
Ms. Teibel motioned to consider Ordinance #1395 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1395. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
Mr. Fryzel stated the he has some concerns regarding the recycling and garbage collection firm. He referenced a copy of a letter he received dated the 15th to Mr. McDaniel, the owner and operator of Performance Waste, from Mr. Edwin Bodley who resides at 9750 Acorn Drive in St. John. Mr. Bodley stated that there is asphalt across his property where he parks his vehicles in the winter and the garbage trucks use this area to turn around. There is damage to the asphalt and he has been unable to resolve the problem on his own with them. Mr. Fryzel stated that he would like Mr. Austgen to send a letter to Performance Waste. He also mentioned that he has not seen the new garbage trucks Performance Waste promised to have in operation, that there is garbage juice on the roads and also the issue of garbage trucks blocking the streets. Mr. Fryzel requested these items also be included in the correspondence to Performance Waste.
Clerk-Treasurer –
None
Staff –
None

Public Comment

Mr. Dale Robert, 11990 Heron Lake Road - stated his concerns with the on-going two-year construction activity of a residence at 11950 Heron Lake Road. He stated that a permit is not displayed in the window and the house is graded too high causing water problems on his property. He questioned whether this construction complies with town code and the amount of time this construction is taking. Discussion ensued. Mr. Roberts stated that he would contact the developer with his concerns regarding the subdivision covenants. Mr. Kil stated that he would have a silt fence installed the next day and a swale cut on the property. Mr. Austgen will check into amending the ordinance to place a time limit for construction.

Adjournment –

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

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-23-2005 Town Council

June 23, 2005 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. Also in attendance was Fred Frego, Police Chief.

Approval of minutes of the May 3, 2005 Special Meeting, the May 19, 2005 Regular Meeting and the May 26, 2005 Regular Meeting –

Mr. Barenie motioned to approve the minutes of the May 3, 2005 Special Meeting, the May 19, 2005 Regular Meeting and the May 26, 2005 Regular Meeting. Seconded by Mrs. Teibel. Motion unanimously passed.

New Business

Resolution #05-06-23A, a resolution authorizing a temporary transfer and loan of funds from Cumulative Sewer Fund to Motor Vehicle Highway Fund –
Ms. Teibel motioned to adopt Resolution #05-06-23A. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #05-06-23B, a resolution authorizing a temporary transfer and loan of funds from Park and Recreations Fund to Park Bond and Interest Fund –
Mr. Barenie motioned to adopt Resolution #05-06-23B the temporary transfer of funds from the Park and Recreation Fund to the Park Bond and Interest Fund. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #05-06-23C, a resolution authorizing a temporary transfer and loan of funds from Cumulative Sewer Fund to Sanitary District Bond and Interest Fund –
Mr. Pearson motioned to adopt Resolution #05-06-23C. Seconded by Ms. Teibel. Motion unanimously passed.
Consider bid award for Municipal Complex Project Phase Two – Public Works Building –
Mr. Steven Maish representing Gil Behling & Son Construction was in attendance regarding the status of the request to withdraw this bid. Mr. Fryzel stated that he wanted to ensure that Mr. Behling is aware that if the Council awarded the contract and he did not perform the work, the Council would call in his bond. He wanted Mr. Behling to understand what the Council could have done and that they believe he did make an honest mistake and do not want to cause Mr. Behling and hardship. Ms. Teibel motioned to reject both bids, the one from Behling & Son and the one from Gariup and they will act as their own General Contractor with a Construction Manager to conduct and accomplish the building of this project the same, as they are dong for the Town Hall. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Installation of Field Lighting at the Girls Softball Fields at Heartland Park –
Ms. Teibel motion to approve the installation of lighting for the Girls Softball field at Heartland Park not to exceed $50,000. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Appointments to the St. John Park Board –
Mr. Fryzel stated that Ms. Joan Millis resigned from the Park Board and a second park board member moved out of town, creating two vacancies on this board. The first appointment through 2008 would be made tonight so the Park Board has a quorum. He referenced the application of Shari Kolodziej that was received and stated that applications would be taken for the second appointment. Mr. Pearson motioned to appoint Shari Kolodziej of 8721 Verbena Court to the St. John Park Board effective today for the term expiring December 31, 2008. Seconded by Ms. Teibel. Motion unanimously passed.
Note receipt of petition for annexation and authorization to advertise for public hearing (Lotton Property) –
Mr. Pearson motioned to acknowledge receipt of the petition for annexation and authorized the advertisement for a public hearing on July 28th. Seconded by Mr. Barenie. Motion passed with four ayes and one abstention by Ms. Teibel.
Consider bid award for a new snowplow for the Public Works Department –
Mr. Kil explained the option offered of a savings of $881.00 for an early pay discount and that we would be advised as to when to forward payment. Mr. Pearson motioned to award the bid to Great Lakes International Trucks in the amount of $92,072.00. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council –
Mr. Fryzel stated that he spoke with Mr. Austgen and requested an update on amendments to Ordinance #511.
Clerk-Treasurer -
Ms. Sury requested approval for payment of a bill from Hoover Nursery in the amount of $8,116.00 for the retention pond at Thielen and Hack Streets at the Public Works site. Payment would be made through the Riverboat Revenue Fund. Ms. Teibel motioned to pay Hoover Nursery in the amount of $8,116.00. Seconded by Mr. Pearson. Motion unanimously passed.
Staff –
Mr. Kil stated that he met with five construction management firms and/or individuals that are interested in overseeing the projects for Phases I and II of the Town Hall Complex and referenced the following proposals received:

Professional Building Services $225,000
Lagestee-Mulder, Inc. 66,000 (P/T)
Lagestee-Mulder, Inc. 93,400 (F/T)
Accurate Sales and Consultants 102,700
Calumet Management 97,500
Bill Keith 115,000

He stated that he asked for a proposal quotation for part time, 20 hours. A second interview with Lagestee and Calumet Management is scheduled. Mr. Austgen stated that a contract can be generated and Mr. Kil would be authorized to execute the contract since a Town Council meeting will not be conducted before July 1st.

Chief Frego that he spoke with Dr. Livovich, Superintendent of Hanover Schools, and he expressed the need for a crossing guard for Weston Ridge. Chief Frego would advertise for this position and requested that the salary ordinance be amended to include this position with a salary of $10.00 per hour, the hours would be two hours per day from 8:00 to 9:00 a.m. and 3:00 to 4:00 p.m.

Payment of Bills for the Corporation

APV’s #7952 - #8148 for $2,266,322.47 – Ms. Teibel motioned to pay vouchers #7952 - #8148 for $2,266,322.47 for the Corporation. 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 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-21-2005 Town Council

July 21, 2005 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; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Absent were Mark Barenie, Member and David Austgen, Attorney. Also in attendance was Police Chief Fred Frego.

Swearing in Ceremony of New Reserve Officers:

Shane Adams, Joseph Renz, Jeffery Gembala and Mathew Wolff – Ms. Sury administered the oath to the new Reserve Police Officers: Shane Adams, Joseph Renz, Jeffery Gembala and Mathew Wolff.

New Business

Consider Services Agreement with Solomon-Cordwell & Buenz & Associates, Inc. for updating Master Zoning Manual –
Mr. Kil stated that this entails the complete codification and redraft of the entire zoning accordance along with the favorable recommendation from the Plan Commission. Mr. Pearson motioned to approve the Services Agreement with Solomon-Cordwell & Buenz & Associates, Inc. for an amount not to exceed $45,000. Seconded by Ms. Teibel. Motion unanimously passed.
Letter of Credit for Saddle Creek Subdivision in the amount of $1,900,827.10 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the Letter of Credit for the Saddle Creek Subdivision. Seconded by Ms. Teibel. Motion unanimously passed.
St. John Bike Trail Agreement – Easement Agreement with ANR Pipeline –
Ms. Teibel motioned to authorize the Town Council President to sign and execute the St. John Bike Trail Easement Agreement with ANR Pipeline. Seconded by Mr. Parson. Motion unanimously passed.
Lake Central School Corporation requesting waiver of fees for new middle school construction –
Dr. Janet Emerick, Lake Central School Superintendent, stated that the school population has doubled, they are trying to keep costs down and funds are very tight. An overview of the time schedule and estimated costs were provided and she asked the Town Council if they would waive all the fees for this construction project except for the inspection fees. Discussion ensued. Mr. Kil stated that he guessed the building fees would run between $80,000 and $100,000; with utilities it would be about $250,000. The Town Council requested to review the exact numbers involved before consideration of this request. Ms. Teibel motioned to table this item, Lake Central School Corporation requesting waiver of fees for new middle school construction. Seconded by Mr. Pearson. Motion unanimously passed.
Request for St. John replacement volunteer for the Quad Town Safety Village Board –
Ms. Teibel motioned to appoint Patsy Joseph, 10034 Hunters Run, St. John, Indiana, to the Quad Town Safety Board. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

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

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:16 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-28-2005 Town Council

July 28, 2005 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 6:10 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; Bob Pharazyn, Public Works Director; Dan Szany, Carras-Szany-Kuhn & Associates: Ken Schneider, Lagestee-Mulder; and John Mainwaring, Code Enforcement Officer.

Approval of minutes of the June 9, 2005 Special Meeting, the June 16, 2005 Regular Meeting, and the June 23, 2005 Regular Meeting –

Mr. Pearson motioned to approve the minutes of the June 9, 2005 Special Meeting, the June 16, 2005 Regular Meeting and the June 23, 2005 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Bid Opening – Municipal Complex Phase One (1) and Two (2) –

(Bids were accepted until the 6:00 p.m. date and time so noted in the legal advertisements.) Mr. Austgen stated that the Proofs of Publication were in order and that the proceeding could commence. Ms. Sury announced that 33 contractors submitted 66 bids and the bids would be presented to Mr. Austgen for review in order of receipt for each category listed for Phases I and II.

(Exhibit A – attached consisting of 5 pages)

Ms. Teibel motioned to take the bids under advisement. Seconded by Mr. Barenie. Motion unanimously passed. (Anticipated date of award to be at a special meeting on August 4, 2005.)

Mr. Fryzel announced that there would be a 15-minute recess and the meeting would resume at 8:00 p.m. Meeting resumed at 8:05 p.m. and due to another commitment and with permission, Mr. Austgen did not return to the meeting.

Public Hearing

Ordinance #1396, Annexation Petition for Lotton Property –
Mr. Michael Muenich introduced himself as the Special Counsel for the Town of St. John for the annexation procedure in the Southeast corner of St. John. An overview of the area to be annexed was provided and he stated that the Proofs of Publication were in order.

Mr. Volk asked if this petition is appropriate to accept with Ordinance #1294 in effect stating that annexations must come in as R1. Mr. Muenich stated that these parcels are under the jurisdiction of the Lake County Plan Commission; he added comments about Statute and the plans of the developer for the infrastructure. Mr. Volk also referenced the sign noticing the public hearing was not appropriate in size, did not have the meeting time and was not up ten days prior to the hearing. Discussed ensued. Mr. Muenich stated that the signage requirement was not applicable and that certified letters were sent to residents within the proposed annexation area.

Mr. Fryzel opened the floor for public comment.

Public Comment (Exhibit B – attached consisting of one page)

Ms. Debbie Husiman, 10179 Parrish - asked about traffic signals. Mr. Muenich stated that the standards that apply throughout the Town would apply to this parcel. She also asked about the dividing line for the school systems (St. John and Hanover Township School Districts). Mr. Fryzel stated that the Township line, 101st Avenue would not change.

Mr. Richard Mislan, 9780 Clarmonte Drive – inquired about the site plans. Mr. Fryzel stated that this would all be discussed at public hearings in front of the Plan Commission.

Mr. Randy Minyard, 7909 West 101st Avenue - asked if this annexation was pretty much a done deal. Mr. Fryzel stated that the property is being voluntarily annexed into the Town of St. John. Mr. Minyard stated that he is concerned about flooding of the retention pond behind his property. Mr. Muenich said that there is about 30 acres of retention system. This project has been run through the Lake County Drainage Board for purposes of stormwater control, upon annexation the property will be subject to the St. John Stormwater Control Ordinance, which is the dominion of the St. John Plan Commission.

Ms. Jackie Minyard, 7909 West 101st Avenue – stated that the developer called her about the retention pond behind her home for the water control. Mr. Kil responded that he sent a letter on her behalf to Ben Eldridge of V-3 Engineering addressing this matter. Mr. Lotton then advised Mr. Kil that because of her concerns he instructed the engineering firm to construct a retention basin behind her home to take the pool of water. She asked for this in writing and Mr. Kil stated that this is on record.

She also inquired about the different zoning between the county and the town. Discussion ensued. Mr. Muenich stated that the zoning is part of the annexation process and explained the classifications. Mr. Volk explained the purpose of the zoning ordinance passed by the previous council. Ms. Minyard stated her concern with the town homes being built by her home. Discussion ensued and Mr. Fryzel referenced the infrastructure to be provided by the developer. She stated that she prefers single-family homes, not town homes and Mr. Fryzel agreed.

Mr. Dale Huseman, 10179 Parrish – questioned the process for a non-voluntary annexation. Discussion ensued and reference was directed to the public hearing tonight and the public hearing to be held in October.

Ms. Catherine Stinson, 8330 West 109th Avenue - asked when and where the construction would begin. Mr. Muenich stated that this would be up to the developer; and stated the need for the extension of the utilities that had to be considered. The 10 year build out time frame was referenced

An unidentified member of the audience asked if Cline Avenue would be extended. Mr. Muenich stated that it is not part of the annexation. Mr. Kil stated that there is a ditch in the path that is preventing Cline Avenue from being straightened out.

Ms. Theresa Perusich, 8205 West 101st Avenue – inquired about the water and sewer extension in relation to her area and the alternative if she did not want water and sewer. Mr. Muenich stated that there is State Statute that may require her to hook up if she is within 300 feet of a sanitary sewer for health reasons. There is no similar requirement for water.

Someone asked how many people voluntarily agreed to the annexation and Mr. Muenich stated that somewhere in the vicinity of 6 – 8 property owners.

Mr. Vic Guthrie, 8725 West 101st Avenue - inquired about the school system division. Mr. Kil stated that it is not 101st as you drive, it will be 101st as it will be extended. Mr. Muenich stated that the annexation would not change the school boundaries. Mr. Guthrie asked about fire protection. Mr. Fryzel stated that the developer agreed to put in a Fire Department substation and that they would have St. John Police coverage not County. St. John would provide all services for the residents.

Mr. Thomas Allen, 9884 Parrish - asked if the 100 acres of green space included the retention ponds and if there would be parks. Mr. Muenich referenced a color map and stated that there will be a park and it will be under the jurisdiction of the Park Department. Mr. Allen stated that he would like a park in the North part of the development; preferably Pod #15.

Mr. Russ Martin, 10510 Parrish - asked if there would be low-income housing. Mr. Fryzel said that there would not be and there will be restrictive covenants.

An unidentified member of the audience from Claremont Ridge stated that there is property that was given to St. John to be used as a park in 1990 that was never developed. Mr. Kil stated that property was needed to line up Claremont Drive and Parrish; the engineers need to draw up the design.

Ms. Huseman asked about the impact on her property taxes from this annexation. Mr. Fryzel stated that her home is not part of the new development and they will not be paying for the infrastructure associated with the development.

Mr. Kil stated that there is a concern regarding taxation as agriculture vs. the corporate tax rate. Mr. Muenich stated that there is a provision in Statute 36.403.4.1, does not know if its applicable because there is certain criteria and it is not applicable to the voluntarily annexation being discussed tonight.

Ms. Huseman asked if the development would be surrounded by a privacy fence and stated that she already has problems with ATV’s and snowmobiles being driven on her farm property. Discussion ensued.

Mr. Fryzel closed the floor for public comment.

Mr. Pearson motioned to consider Ordinance #1396 on first reading only. Seconded by Mr. Barenie. Motion passed with three ayes, one nay by Mr. Volk and one abstention by Ms. Teibel.

New Business

Introduction of Annexation Ordinance #1398 and authorization of a public hearing regarding the annexation of certain additional real property located southeast of the Town of St. John –
Mr. Pearson motioned to authorize a public hearing on October 20, 2005. Seconded by Mr. Barenie. Motion passed with three ayes, one nay by Mr. Volk, and one abstention by Ms. Teibel.
Water Reimbursement Agreement for DeYoung Interiors, LLC –
Mr. Kil asked that this item be deferred to the first meeting in August, he is still waiting for confirmation from the Town Engineer related to the service area. Ms. Teibel motioned to defer item. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #05-07-28, a resolution declaring un-collectible accounts as “bad debt” for the first half of 2005 –
Ms. Teibel motioned to adopt Resolution #05-07-28. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1399, amending Master Traffic Ordinance #511 –
Mr. Kil stated that he and Chief Frego have been in contact with a resident that has a severely handicapped child; the resident requested a sign be erected. Mr. Pearson motioned to consider Ordinance #1399 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1399. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Mr. Kil referenced a letter he received from the Town Engineer, Pete Faberbock that recommended the 2005 road project be awarded to Rieth Riley in the amount of $130,000.01 for the 93rd and Calumet Avenue project. Ms. Teibel motioned to amend the agenda with Item F and to award Rieth Riley the road project in the amount of $130,000.01. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Fryzel stated that when the council awards road projects they must be completed by June so the roads can cure over the hot summer and requested a written response from Robinson Engineering explaining why this did not happen this time.

Payment of the Bills for the Corporation –

Ms. Teibel motioned to pay vouchers #8149 - #8383 in the amount of $1,428,890.27. 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. Meeting adjourned at 9:10 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-04-2005 Town Council

August 4, 2005 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; Adam Decker for Dave Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Bob Pharazyn, Public Works Director; Dan Szany; Ken Schneider, Lagestee-Mulder; and John W Mainwaring, Code Enforcement Officer.

Consider Bid Award for Municipal Complex Project – Phases I and II –

Mr. Kil stated that Ken Schneider, Construction Manager of Lagestee-Mulder, Inc, and Dan Szany, Architect, reviewed the bids, met with all of the low bidders, qualified the bids, and submitted their recommendations. The council members received a copy of their recommendations. Mr. Fryzel compared the prices of the first and second round of bids received two months ago to the bids now under consideration as the Town acting as the general contractor for both phases. He stated that the difference between the combination of these bids, including paying Lagestee-Mulder is as savings to the Town of approximately $733,962 and well worth the effort.

Mr. Kil read the bid recommendations by Lagestee-Mulder for Phase I, the Public Works Facility into the record, (Exhibit A).

Ms. Teibel motioned to award all prime bids in accordance with the recommendations of Lagestee-Mulder. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Kil read the bid recommendations by Lagestee-Mulder for Phase II, the Town Hall Addition into the record, (Exhibit B).

Ms. Teibel motioned to award all prime bids in accordance with the recommendations of Lagestee-Mulder. Seconded by Mr. Barenie. Motion unanimously passed.

Appointment to Park Board – Term to expire December 31, 2005 –

Mr. Fryzel stated that he checked with the Election Board and the appointee is not registered with the electoral party necessary for this appointment. Mr. Pearson motioned to defer this appointment to another meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer -
Ms. Sury stated that the U.S. Post Office has misplaced the utility bills for the month of August and presently it was unknown when they would be recovered and delivery of the bills made to the residents. She mentioned that the time frame for payment of the bills, normally the 15th of the month, would be extended when the disposition of the bills was verified and requested in the meantime that the residents call the clerk’s office in order to find out their payment due.
Staff -
Mr. Pharazyn thanked the Council for taking the steps and awarding the bids.

Mr. Kil stated that it is anticipated that the bond closing is August 11th, the notices of the bid award will be sent out and work can proceed on August 12th.

Mr. Fryzel stated that of the companies awarded bids 86% are union and 14% are non-union. The state does not require that union companies be used.

Mr. Kil requested that the Council, by a motion, ratify the contract with Lagestee-Mulder. Ms. Teibel motioned to ratify the consulting contract with Lagestee-Mulder in the amount not to exceed $93,400. 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. Meeting adjourned at 7:23 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-18-2005 Town Council

August 18, 2005 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. Also present were Police Chief Fred Frego, Fire Chief Fred Willman and John Mainwaring, Code Enforcement Officer. Bob Pharazyn, Public Works Director was absent.

Mr. Jim Lapatkiewicz from V.F.W. Post #717 gave a brief summary of the V.F.W. He stated that Post #717 is the only post in the first district that has an EMT, a firefighter, a police officer and an Eagle Scout of the Year; they won two teacher awards this year. He introduced Larry Blankman, First District Commander and member of Post #717. Mr. Blankman presented the following awards:

Award Presentations – St. John V.F.W. Post #717

Emergency Medical Technician (EMT) of the Year – James Funk
Firefighter of the Year – Kenneth Gembala
Chief Willman read the citations for Mr. Funk and Mr. Gembala.
Police Officer of the Year – Jay Dahlin
Chief Frego read the citation for Mr. Dahlin.
Eagle Scout of the Year for the State of Indiana – Mark Dillion
Mr. Jim Thiel read the citation for Mr. Dillion.

St. John Fire Department – Indiana Volunteer Firefighter’s Association (IVFA) Chief Willman introduced Paul Watland, District Chairman, District 2 Indiana Volunteer Firefighter’s Association and Jim Bradford, IVFA Public Relations for Northwest Indiana. Presentations were made for the 50-year gold cards and the Midwest Award to:

Fifty (50) year member receiving “gold card” – James Thiel
Fifty (50) year member receiving “gold card” – Ralph Keilman
IVFA “Midwest Award” for District Two – Fred Willman

New Business

Resolution #05-08-18B – a resolution adopting the fiscal plan for the Gates of St. John –
Mr. Fryzel stated that the legal description was not prepared and the item will be deferred.
Ordinance #1396, an ordinance annexing certain real property to the Town of St. John –
Mr. Fryzel stated that the site development plan was not available to be included; the petitioner has not had time to prepare all the proper documents. He suggested that this item be deferred. Mr. Pearson motioned to defer Items A & B to August 24th. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1400, amending Ordinance #1366, master salary ordinance for Specifically School Crossing Guard –
Ms. Teibel motioned to consider Ordinance #1400 along with the job description on First Reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1400 along with the job description. Seconded by Mr. Barenie. Motion unanimously passed.

Water Reimbursement Agreement for DeYoung Interiors, LLC –
Mr. Kil requested that this item be on next week’s agenda so that the engineer can review the legal descriptions. Mr. Pearson motioned to defer this item to the meeting next week. Seconded by Ms. Teibel. Motion unanimously passed.
Letter of Credit for Wellington Estates in the amount of $537,808.70 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to accept the Letter of Credit for Wellington Estates in the amount of $537,808.70. Seconded by Mr. Barenie. Motion unanimously passed.
Release of Letter of Credit for Weston Ridge – Unit 1 in the amount of $46,025.10 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to release the Letter of Credit and start the two-year warranty period. Seconded by Mr. Barenie. Motion unanimously passed.
Release of Letter of Credit for Weston Ridge – Unit 2 in the amount of $37,881.44 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to release the Letter of Credit and start the two-year warranty period. Seconded by Ms. Teibel. Motion unanimously passed.
Release of Letter of Credit for Woods of Weston Ridge – Unit 1 in the amount of $37,271.20 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to release the Letter of Credit and start the two-year warranty period. Seconded by Mr. Pearson. Motion unanimously passed.
Release of Letter of Credit for Bramblewood Development – Unit 1 in the amount of $96,580.00 (favorable recommendation from Plan Commission) -
Mr. Pearson motioned to release the Letter of Credit and to start the two-year warranty period. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Resolution #05-08-18, a declaring resolution related to a request for Tax Abatement, by Welch Partners, LLC (Lot 19, 9585 N. Industrial Drive) –
Mr. Pearson motioned to adopt Resolution #05-08-18 and authorize a Public Hearing on September 29, 2005. Seconded by Mr. Barenie. Motion passed with four ayes and one nay by Mr. Volk.
Consider Resolution #05-08-18A, a declaring resolution related to a request for Tax Abatement by SB Properties, Inc. (Lot 18, 9565 N. Industrial Drive) –
Ms. Teibel motioned to adopt Resolution #05-08-18A and to authorize a Public Hearing on September 29, 2005. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk.

Reports & Correspondence

Town Council
Mr. Pearson stated that he wanted to thank Mr. Mainwaring for his diligent work in getting some obstructions cleared off on 93rd Avenue that were definite traffic hazards.

Mr. Fryzel reminded everyone that the festival is August 25, 26, 27 and 28th. The parade will be at 12:00 noon beginning at Homestead Park on Olcott. The meeting next week will start at 6:00 p.m. on Wednesday. There will be a groundbreaking ceremony for the Town Hall Complex on Saturday, August 20th at 10:00 a.m. Refreshments will be served and everyone is welcome to attend.

Ms. Teibel stated that the C47 airplane that was scheduled to be a part of the parade has a landing gear problem and the plane will not be available for this activity.

Clerk-Treasurer
Staff
Mr. Kil requested that the agenda be amended to add an item for approval, a Grant of Right to install sewer lines. He referenced the approval of the Sanitary District on August 15, 2005. Ms. Teibel motioned to amend the agenda to add the item to approve the Grant of Right to Install Sewer Lines and Waiver of Right to Remonstrance Against annexation for Mr. Brockway II. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to approve the Grant of Right to Install Sewer Lines and Waiver of Remonstrance against Annexation for Brockway II. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Second by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-24-2005 Town Council

August 24, 2005 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. Also present were Police Chief Fred Frego and John Mainwaring, Code Enforcement Officer.

Approval of the minutes of the July 21 and July 28, 2005 Regular Meetings –

Mr. Pearson motioned to approve the minutes of the July 21, 2005 and July 28, 2005 Regular Meetings. Seconded by Mr. Barenie. Motion unanimously passed.

Proclamation: Constitution Week for 2005 –

Ms. Teibel read the Proclamation. Ms. Teibel motioned to proclaim September 17 through September 23, 2005 as Constitution Week. Seconded by Mr. Pearson. Motion unanimously passed.

Public Hearings

Ordinance #1402, 2006 Budget Adoption
Mr. Austgen stated that the Proofs of Publication were in order. Mr. Kil provided the opening remarks and stated this is a standard budget; there is a new item for the lease rental debt in the amount of $350,000 to accommodate the new municipal complex.

Public Comment – None

Mr. Barenie motioned to consider Ordinance #1402 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

New Business

Public Works Department request to purchase 2006 Ford F-250 with plow not to exceed $33,183.00) (paid from the MVH motor equipment and MVH other funds) –
Mr. Barenie motioned to award the proposal to Lake Shore Ford-Mercury Toyota in an amount not to exceed $33,183.00. Seconded by Ms. Teibel. Motion unanimously passed.
Resolution #05-08-18B, a resolution adopting the Fiscal Plan for the Gates of St. John –
Mr. Pearson motioned to adopt Resolution #05-08-18B. Seconded by Mr. Barenie. Motion passed with three ayes, one nay by Mr. Volk and one abstention by Ms. Teibel.
Ordinance #1396, an ordinance annexing certain real property to the Town of St. John –
Mr. Pearson motioned to adopt Ordinance #1396. Seconded by Mr. Barenie. Motion passed with three ayes, one nay by Mr. Volk, and one abstention by Ms. Teibel.
Water Reimbursement Agreement for DeYoung Interiors, LLC –
Ms. Teibel motioned to accept the agreement and to authorize the Town Council President to execute the Water Reimbursement Agreement for DeYoung Interiors, LLC. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff -
Mr. Kil stated that grant money was received to purchase new turnout gear for the Fire Department. The terms of the grant require that the money be expended within 30 days, because the next council meeting will be after the 30-day deadline he is asking the Town Council to approve the payment for the turnout gear in the amount of $43,920.00. Ms. Teibel motioned to authorize payment of $43,920.00 for the turnout gear in reference to the grant. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Fryzel reminded everyone that the festival starts tomorrow.

Payment of Bills for the Corporation –

Ms. Teibel motioned to approve payment for vouchers #8384 through #8600 in the amount of $1,895,496.17 for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:11 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-15-2005 Town Council

September 15, 2005 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. Also present were Police Chief Fred Frego and John Mainwaring, Code Enforcement Officer.

New Business

Ordinance #1401, an ordinance amending Master Traffic Ordinance #511 –
Ms. Teibel motioned to consider Ordinance #1401 on the first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1401. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1402, 2006 Budget adoption –
Ms. Teibel motioned to adopt Ordinance #1402 as published. Seconded by Mr. Barenie. Motion unanimously passed.
Lake Central School Corporation requesting waiver of fees for new middle school construction –
Mr. Fryzel stated that the total fees are approximately $361,684.00, which includes the water and sewer system development charges. The council is responsible for considering the building permit fees that are approximately $195,000.00. Discussion ensued. Dr. Janet Emerick and Mr. Ed Vargo of Lake Central School commented they are also responsible for the infrastructure improvements (roadway), which is about $490,000; and that cost along with the permit fees is about $800,000. They requested that the council take this factor into consideration of their request. Mr. Fryzel explained the system development fees and stated that the Town Council is not sending a recommendation to the Sanitary and Waterworks District regarding the request to waive the fees associated with the water and sewer charges. Ms. Teibel motioned to waive the total building permit fees for the school. Seconded by Mr. Pearson. Motion unanimously passed.
Consider approval of Maintenance Letter of Credit for Bramblewood subdivision in the amount of $169,558.20 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the Maintenance Letter of Credit for the Bramblewood subdivision in the amount of $169,558.20. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

None
Clerk-Treasurer –
None
Staff –
None

Mr. Fryzel stated that the festival was a huge success and that he received many compliments on it. He thanked all the volunteers, the events committee, the Public Works Department, the Police Department, and everyone who helped. He stated that the parade was phenomenal; there were 122 units and the Lake Central Centralettes won first place. Plans for the festival and parade for next year is scheduled for the Memorial Day weekend.

Public Comment

Dr. Emrick thanked the Town Council for easing the burden of the building permit fees.

Adjournment –

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

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-22-2005 Town Council

September 22, 2005 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. Police Chief Fred Frego was also present.

Approval of the minutes of the August 4, 2005 Special Meeting; August 18, 2005 and August 24, 2005 Regular Meetings –

Mr. Pearson motioned to approve the minutes of the August 4, 2005 Special Meeting; the August 18, 2005 Regular Meeting and the August 24, 2005 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Public Hearing

Resolution #05-09-22, additional appropriations of various funds –
Mr. Austgen stated that the record should reflect that the Proofs of Publication were in order. Publication was one time in The Post and one time in the Times on September 12, 2005, and meets the requirement of law. Mr. Kil stated that the funding is needed to pay the remainder due on the new fire truck from the Cumulative Fire Equipment Fund and from the Cumulative Sewer Fund for the sewer projects on 93rd Avenue, Forrest, Patterson, etc.

Town Council comments – None

Public Comment – None

Mr. Barenie motioned to adopt Resolution #05-09-22. Seconded by Mr. Pearson. Motion unanimously passed.

New Business

Proclamation naming the month of October as “Domestic Violence Awareness Month” –
Ms. Teibel read the Proclamation. Ms. Teibel motioned for the Town Council President to sign the Proclamation and for the Clerk-Treasurer to attest. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Kil asked the Town Council, on behalf of the Plan Commission, to consider the request from Lake Central to waive the Letter of Credit for the public improvement part of the project. Discussion ensued. Mr. Austgen stated that the school could not have occupancy of the structure for its intended purpose unless they complete the public infrastructure. Ms. Teibel motioned to waive the Letter of Credit with the stipulation that the building will not be occupied until the improvements are completed. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Volk questioned the status of the correspondence regarding the cancellation of the town’s contract with Dyer for animal control. Mr. Fryzel referenced the agreement and stated that in order to terminate the agreement, one year’s written notification of the termination of the agreement had to be provided. He stated that the Chief of Police has never received a report from Dyer. Discussion ensued regarding the potential of St. John having its own animal control. Mr. Austgen stated the he was asked to notify Dyer on an expedited basis and is awaiting a response.

Clerk-Treasurer –
None
Staff –
None

Payment of Bills for the Corporation –

Ms. Teibel motioned to accept vouchers #8601 through #8826 in the amount of $1,121,308.66 for the payment of bills 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. Meeting adjourned at 7:11 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

10-20-2005 Town Council

October 20, 2005 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; Charles Pearson, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego and John Mainwaring, Code Enforcement Officer. Absent: Council members Gregory Volk and Mark Barenie.

Public Hearing – Exhibit A

Consider Confirmatory Resolution #05-10-20, related to a request for tax abatement, by Welch Partners, LLC (Lot 19, 9585 N. Industrial Drive) –
Mr. Austgen confirmed proof of publication on October 4, 2005, in The Times and October 4, 2005, in the Post Tribune and stated that the green card return receipts have been received from the governmental entities directly involved.

Mr. Kil stated that this is for a term of five years as authorized by the Town Council.

Town Council – None

Public Comment – None

Ms. Teibel motioned to adopt Resolution #05-10-20. Seconded by Mr. Pearson. Motion unanimously passed.

Consider Confirmatory Resolution #05-10-20A, related to a request for tax abatement, by SB Properties, Inc. (Lot 18, 9565 N. Industrial Drive) –
Mr. Austgen verified proofs of publication in The Times and the Post Tribune on October 4, 2005, and stated that the green card return receipts of the notices are in evidence.

Mr. Kil stated that this resolution is in effect for a term of five years as authorized by the Town Council.

Public Comment – Mr. Bates stated that the name of the company for SB Properties needed to be identified as LTD. rather than Inc.

Ms. Teibel motioned to adopt Resolution #05-10-20A a request for tax abatement by SB Properties, LTD. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1398, an ordinance annexing certain real property to the Town of St. John (Lotton Addition) –
Mr. Muenich stated that the notice of the meeting has been filed with the Clerk-Treasurers’ office and that the proofs of publication have been previously reviewed and are in conformance with the Statutes. He filed with the Clerk-Treasurers’ office the consent of various property owners within the parcel. The project encompasses geographically from Parrish Avenue east to Cline Avenue south to a point approximately 200 feet south of 231st Street and north to 101st Street. Portions of this have already been voluntarily processed. He recommended the following language be amended to the ordinance for its final adoption: the portions of the annexed property that are identified above as open space are pursuant to the zoning code of the Town of St. John classified for zoning purposes as agricultural (per annexation papers as agricultural property is defined). Such property shall remain exempt from property tax liability for municipal purposes pursuant to Indiana Code 36-4-3-4.1(b), so long as such property remain classified as OS Open Space or otherwise classified as agricultural. The respective property owner may claim the exemption by filing a certified deduction application on forms prescribed by the Department of Local Governmental Finance with the auditor of the county in which the property is located before May 10 of the year in which the exemption is sought. Such an exemption is not effected by a change in the ownership of the property as a) property zoning classification remains agricultural and b) the new owner files a valid application with the auditor as provided above. Pursuant to request our office provided the forms, applications and documentation to Mr. Kil’s office for any of the affected property owners within that area that are agricultural so filed to those applications. The remainder of the property is to be zoned R1 and with one parcel in the southwest corner of Cline Avenue and 231 be zoned as commercial B2. All in accordance with publications and maps that have been previously filed with the respective publications.

Mr. Kil stated that as directed by the Town Council Mr. Muenich prepared a memorandum and supplied him with filing instructions as well as the applications for the property tax exemption. Mr. Kil represented to the attorney for the Niemeyer family that this would not be a problem as this was an issue with the affected property owners.

Mr. Muenich stated that the final ordinance adoption completing the annexation cannot be adopted for before thirty days or more than sixty days after tonight’s public hearing. After publication there is a ninety-day remonstrance period before the ordinance can be recorded. He stated that the applications for the property tax exemption should be filed sometime between March and April of 2006.

Public Comment – None

Mr. Pearson motioned to consider Ordinance #1398 on first reading with the noted changes and corrections. Seconded by Ms. Teibel. Motion unanimously passed.

New Business

St. John Township Trustee presentation –
Ms. Mary Tanis from the St. John Township office presented a brief overview of the assistance they provide to the needy residents of the Township. She mentioned that they have a hall available for rental, a sign in front of the hall for the advertising of events, and would like to advertise their assistance programs in our Park brochure.
Introduction of Ordinance #1403, an ordinance annexing certain real property to the Town of St. John (Silver Leaf), authorize a public hearing, and introduce Fiscal Plan –
Mr. Pearson motioned to consider Ordinance #1403 on first reading and to authorize a public hearing for November 17, 2005. Seconded by Ms. Teibel. Motion unanimously passed.
Resolution #05-10-20B, providing for the transfer of appropriations for various funds –
Ms. Teibel motioned to adopt Resolution #05-10-20B. Seconded by Mr. Pearson. Motion unanimously passed.
Reduction of Letter of Credit for Wellington Estates – Unit 1 –
Mr. Pearson motioned to reduce the Letter of Credit to the amount of $96,246.70. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council –
Ms. Teibel stated she met with Tina Fletcher, the Town’s system analyst and computer network administrator. Ms. Fletcher is in the process of providing FEMA with current maps showing the changes in the flood plains in town. FEMA has not done a flood plain study since 1982 and many areas are still shown as in a flood plain when they are not due to changes in the infrastructure, sewer installation and retention ponds. She recommends that the town encourage FEMA to do another study and therefore save the residents money in their flood insurance.
Clerk-Treasurer –
Ms. Sury stated that two grants were received each for $2,000 from Target. The funds will be used by the Park Department for a program related to the arts and by the Police for family violence. She also stated that Target advised that applications should be submitted the beginning of January as it is anticipated that more grants would be available and awarded in higher increments as the Target store just opened.
Staff -
None Public Comment – Ms. Theresa Perusich, 8205 W 101st Avenue – inquired of the Council when the public hearing would begin regarding the proposed annexation. She referenced her certified letter she received of the hearing to begin at 7:30 p.m. A ten- minute recess was called after confirmation that her notice had a public hearing time of 7:30 p.m.; it was announced that Mr. Muenich needed to be immediately contacted.

Mr. Austgen stated that the public meeting did not adjourn, a motion was needed to withdraw and rescind item C above, address Ordinance #1398 and commence with the public hearing. Ms. Teibel motioned to reinitiate the proceedings on Item C of the agenda. Seconded by Mr. Pearson. Motion unanimously passed.

Public Hearing – Exhibit A

Reinitation of Item C - Ordinance #1398, an ordinance annexing certain real property to the Town of St. John (Lotton Addition) –
Mr. Muenich stated that the filed Proofs of Publication did advertise notice for 7:30 p.m. rather than 7:00 p.m. His understanding from his conversations with Mr. Kil, that the annexation ordinance is to be amended for purposes of open space parcels as follows: Portions of the annexed tract that are identified above and known as open space are pursuant to the zoning code of the Town of St. John classified for zoning purposes as agricultural (which the ordinance so provides). Such properties remain exempt from property tax liability for municipal purposes pursuant to Indiana Code 36-4-3-4.1(b) so long as such properties remain classified as OS Open Space or otherwise classified as agricultural. The respective property owner may claim the exemption by filing a certified deduction application on the forms prescribed by the Department of Local Governmental Finance from the auditor of the county in which the property is located before May 10 of the year of which the exemption is sought. Such exemption is not effected by a change in the ownership of the property as a) the property zoning classification remains agricultural and b) the new owner files a valid application to the auditor as provided above. He also stated the window for this annexation process requires that the Town Council adopt not sooner than thirty days from the night of this public hearing or more than sixty days from the day of this public hearing an ordinance annexing the property. The Town must then file and publish the ordinance with a 90-day remonstrance period, which runs thereafter. Tentatively the earliest the ordinance can be recorded is March or early April of 2006. Any party within the parcel that are identified as open space may file the agricultural exemption on or before May 10 as provided by the Statute to exempt that parcel from municipal taxation, not all taxation, for year 2006 – 2007. The remaining parcels are zoned as R1 consist with their current use and application with the exception of the southwest corner of the intersection of 231 and Cline Avenue.

Public Comment

Mr. Donald Barman, 7910 W. 109th Avenue, Crown Point – asked for clarification of the annexation map, the open spaces and for clarification of the legal description on the corner of the proposed annexed area. Discussion ensued.

Ms. Theresa Perusich, 8205 West 101st Avenue, St. John – asked if there is anyway they cannot be annexed. Mr. Muenich explained the annexation process and the remonstrance period.

Ms. Mary Ellen Niemeyer, 11115 Parrish Avenue, Cedar Lake – asked why the Town wanted 12 acres and if she could sell her property if she wants to re-zone or build on it? Discussion ensued.

Ms. Theresa Perusich – explained that she has a well and wanted to know if she had to connect to Town water. Mr. Kil explained the utility districts and stated that she did not, however, if her septic tank failed, she would have to connect to the Town’s sanitary sewers. He explained to the residents the services they would receive including garbage pickup once the annexation was completed.

Mr. Donald Barman, 7910 W. 109th Avenue, Crown Point – asked if they file the exemption will he still receive town services and Mr. Fryzel answered yes.

Mr. Herbert Kleine, 11311 Parrish Avenue, Cedar Lake – stated that he was not notified of the intended annexation, he did not receive a letter. Mr. Muenich was provided with the affidavit of mailing from the Clerk-Treasurer and it was confirmed that his letter was returned to the post office as refused. Mr. Muenich further stated that if the property is in a trust the letter went to the trust.

Ms. Crystal Maul, 11115 Parish Avenue, Cedar Lake - asked about the ambulance service. Mr. Fryzel stated that St. John is just over $600; Lake Hills is free and also mentioned there would be a fire substation in the Lotton Property area with an ambulance.

Unidentifiable resident asked if they would be notified when they are part of St. John. Mr. Fryzel stated that a letter would be sent when the property owners can file for the exemption, when the annexation is complete, and they are part of St. John.

Public Comment closed to the floor.

Mr. Pearson motioned to consider Ordinance #1398 of first reading with noted changes and corrections of which he is instructing Mr. Muenich to correct. Seconded by Ms. Teibel. Motion unanimously passed.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:58 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

10-27-2005 Town Council

October 27, 2005 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; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Absent was Jerri Teibel, Vice-President.

Approval of the minutes for the September 15th and September 22, 2005 Regular Meetings –

Mr. Pearson motioned to accept the September 15, 2005 and the September 22, 2005 Regular Meeting minutes. Seconded by Mr. Barenie. Motion unanimously passed.

Public Hearing – Exhibit A

Resolution # 05-10-27, a resolution authorizing additional appropriations for the Budget Year –
Mr. Austgen stated that the record should reflect publisher’s affidavit from the Post Tribune indicating publication one time on October 13th and publisher’s affidavit from The Times indicating publication one time on October 14th.

Ms. Sury provided a summary of why the additional appropriations were needed: garbage pickup and legal expenses, impact of the gas price increases, fire department payroll, supplies, and related expenses for the EMS.

Town Council Comment – None

Public Comment – None

Mr. Pearson motioned to adopt Resolution #05-10-27 authorizing the additional appropriations for the current budget year. Seconded by Mr. Barenie. Motion unanimously passed.

New Business

Consider approval of “Variance of Use for Outside Storage” –
Petitioner: Andy Balzer of Paul Hemmer Company (favorable recommendation from Board of Zoning Appeals) – Mr. Volk asked if a small fence was required for the sales on the front sidewalk. Discussion ensued. Mr. Kil stated that the BZA approved the sales on the entire sidewalk area. Mr. Jim Wieser, attorney for Paul Hemmer Company, stated that the conversation was accurate and correct. He wanted to point out for purposes of clarification was that the findings of fact that they received point #8, do not accurately reflect what Mr. Kil said and Mr. Volk inquired about. It says that outside storage will only be allowed on that portion of the sidewalk adjacent to the storage area, when he went back through the minutes and the actual motion approved by the BZA it says exactly when Mr. Kil said that the variance for outside storage will extend to the adjacent sidewalk of the building and outside area only. Mr. Wieser referenced the fence that will go around the exterior area will be masonry and wrought iron on the west and south side and wrought iron on the east side. Mr. Pearson motioned to grant the variance of use and incorporate the findings of fact and contingencies from the Board Zoning Appeals and to include the limitation of outside sales to the entire sidewalk area. Seconded by Mr. Barenie. Motion unanimously passed. Mr. Austgen suggested that for clarity of the record for the Board of Zoning Appeals and the Building and Planning Department, that an excerpt of the minutes of this meeting be directed to be included in the file of this application at the BZA and in the Building and Planning Department for time of issuance of permits and clarity for any enforcement or inspection activities.
Consider “lease agreement” with Leaf Financial Corporation for telephone equipment –
Mr. Kil stated that they have been actively engaged in securing telephone systems and similar equipment for use in the new buildings under construction as well as for the Public Safety Building. They are requesting to lease the equipment rather than purchase it because technology changes so quickly. He would like the Town Council to authorize the telephone system and the electronics to be purchased through the lease agreement and be done as part of the projects themselves. Mr. Kil stated that this would include the wiring, cabling, fiber optics, etc. This is a five-year agreement that will cost $41,000 per year. Discussion ensued.

Mr. Austgen stated this would be part of a general bid but was an item of the various projects that evolved over the time period of the evaluation of the various structures, scopes of projects, and size of buildings. Part of the customization in these specifications has to do with partial inclusion of existing facilities, and trying to retrofit the existing facilities with new and current or up to date technology in the manner Mr. Kil talked about. The IT person, Ms. Fletcher, has been working on this continuously.

He stated that he asked Mr. Kil to provide him with that data for an evaluation of whether a public bid would be required or not. And he has the binder containing the information of her ongoing work of the detailing, change outs, and tune-ups, if you will, to the various items of equipment and processes dating back to February of this year. He insisted that Mr. Kil provided that documentation to him in evaluating the legal requirements and procedures here. It occurred to him as a consequence of that review, that this was a significantly customized ongoing project; in fact, it is still breathing and evolving in some fashion because you have a facility that will have significant communications factor, the Public Safety Building, when ultimately constructed next year. That is what part of this is about. His recommendation is that the request of Mr. Kil pertaining to the change order being made be honored subject to any reasonableness that the Town Council thinks is necessary based upon that. Additionally the financing appears to be a spread out financing and given that the financing for the Public Safety Building is not complete that is partial basis for asking to spread it out. We do not know when the building will be completed, sometime next year, or the end of next year. But, the point is, we cannot put a date certain on it and the funding for that building when those components are not yet final. This locks in the warranty and service for the equipment. Those are the justifications for the request being made and the legalities of it. Mr. Kil stated that this would secure the equipment. Mr. Fryzel stated that he knows Ms. Fletcher did a lot of work on this and this is the final, the best recommendation for the Town. Discussion ensued. Mr. Barenie motioned to approve the lease agreement as presented and to authorize the Town Council President to execute same with the change order as well. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
Mr. Fryzel stated that the Town Council meeting is rescheduled to Tuesday, November 22 due to the holiday. The special year-end meeting will take place Thursday, December 29 and the regular scheduled meeting for Thursday, December 15 and Thursday, December 22 will stay as they are. He mentioned that the Clerk’s office would be closed on Friday, December 30.
Clerk-Treasurer –
None
Staff –
None

Payment of Bills for the Corporation –

Discussion ensued. Mr. Pearson motioned to approve the docket for APV’s #8827 – #9113 in the amount of $1,534,432.57. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Tim O’Connor, 9063 Knickerbocker Street – addressed the Town Council regarding the parking enforcement of a trailer on his block that is in violation of the ordinance. The problem went away for three weeks and has returned. Discussion ensued. Mr. O’Connor is concerned about children getting hurt and also when the trailer is being backed up it gouges the street. Mr. Fryzel stated they would have the police check the location late at night. Discussion ensued regarding the parking of the trailer on the public street and on private property. He asked Mr. Austgen to check into what recourse the town has regarding towing and tickets.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

11-17-2005 Town Council

November 17, 2005 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; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present was Police Chief Fred Frego. Absent was Charles Pearson, Member.

Old Business

Resolution #05-11-17, adopting the Fiscal Plan for Silver Leaf Subdivision annexation –
Ms. Teibel motioned to adopt Resolution #05-11-17. Seconded by Mr. Barenie. Motion unanimously passed.

Public Hearings – Exhibit A

Ordinance #1403, annexing certain real property to the Town of St. John known as Silver Leaf Subdivision –
Mr. Austgen stated that the Proofs of Publication of both The Times and the Post Tribune were in evidence indicating timely publication, one time in each on October 21st. He added that this public hearing was properly advertised.

Mr. Kil stated that this area is directly south of an area known as Saddle Creek, has gone through the Plan Commission and are annexing into the town with the R-1 designation that is required. He added that everything is in order.

Town Council Comments - Mr. Volk asked if there is a plan to zone down the property. Mr. Kil stated that there is, and the Plan Commission will see the plan in January.

Public Comment – None

Ms. Teibel motioned to adopt Ordinance #1403. Seconded by Mr. Barenie. Motion unanimously passed.

New Business

North Pointe – Unit 1, Letter of Credit in the amount of $297,880.00 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to approve the Letter of Credit in the amount of $297,880.00. Seconded by Ms. Teibel. Motion unanimously passed.
Consideration of Employee Holiday Gift –
Ms. Teibel motioned to authorize the Employee Holiday Gift. Seconded by Mr. Volk. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Barenie stated that the Boys Baseball League would like to thank the Chief of Police and Officer Moffitt for catching the person vandalizing the signs at the baseball field. The league received the retribution check of $1,500.00 this week. He also thanked Attorney Austgen for his assistance in this matter.

Ms. Teibel reminded everyone of the tree lighting event of Christmas in the Park on the day after Thanksgiving at Prairie West Park. She mentioned the scheduled visits of Santa at the Park on Saturday’s and Sunday’s until December 18th.

Mr. Fryzel acknowledged Joe Wachowski from Public Works for all the work he did at the park.

Clerk-Treasurer
Ms. Sury asked for permission to pay, by motion, $640.00 from other services and charges from the Town Council budget fund #390 due to the shortage of funds that the Town took in for the traffic tickets. The fees forwarded to County were increased for the traffic fines; the Town is currently collecting $104.00 and must now collect $124.00 per ticket. She stated that an amendment to the ordinance was requested and that the increase was waived for the month of September; however, they must pay the shortage for the month of October.

Discussion ensued to determine which type of ticket this payment was for and if an ordinance was needed to increase the amount of the fine to be collected.

Ms. Teibel motioned to pay $640.00 to the County for the shortage from the Town for the new fine assessment from the County. Seconded by Mr. Barenie. Motion unanimously passed.

Staff
Mr. Kil requested payment of $400.00 for an event sponsored by the South County Coalition known as the Ridge Roundup and summarized this activity. Ms. Teibel motioned to donate $400.00 to Ridge Roundup. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Barenie mentioned that Meals on Wheels is looking for donations that are needed to build a new kitchen. Discussion ensued. The Council will look at what the other communities are doing in response to this request.

Mr. Kil distributed the proposed 2006 Salary Ordinance and stated that there is a 4% increase for everyone. Ms. Teibel motioned to amend the agenda to include the 2006 Salary Ordinance. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to consider the 2006 Salary Ordinance #1405 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Kil requested permission to pay bills, as there will not be a meeting next week due to the holiday. Ms. Teibel motioned to authorize payment of vouchers #9114 - #9313 in the amount of $548,790.53 for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Mr. Joe Gomeztagle, 9476 W. Oakridge Drive – provided an overview of sales tax increment financing and how this type of financing works. He stated that the Town of Highland and the County Council passed a resolution to support sales tax increment financing to be used as a tool to entice commercial property to the area. He is encouraging the communities in Lake, Porter and LaPorte to pass a resolution to support the educational program and to support this type of financing for a tool for the legislature to pass. There will be a training session next month and he would like to meet with the Redevelopment Commission to review this type of financing.

Adjournment –

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

Meeting adjourned at 7:45 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-15-2005 Town Council

December 15, 2005 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; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego and John Mainwaring, Code Enforcement Officer.

Old Business

Ordinance #1398, an ordinance annexing certain real property to the Town of St. John –
Mr. Barenie motioned to adopt Ordinance #1398. Seconded by Mr. Pearson. Motion passed with 3 yeas, one nay by Mr. Volk and one abstention by Ms. Teibel.
Ordinance #1405, the 2006 Salary Ordinance –
Ms. Teibel motioned to adopt Ordinance #1405. Seconded by Mr. Pearson. Motion passed with 3 yeas, one abstention by Mr. Fryzel and one nay by Mr. Volk.

New Business

Consideration of request for Special Exception –
Petitioner: Crown Point Christian School (favorable recommendation from the Board of Zoning Appeals) – Mr. Barenie motioned to grant the request for special exception and incorporate the findings of fact from the Board of Zoning Appeals. Seconded by Mr. Pearson. Motion passed with three yeas, one nay by Mr. Volk and one abstention by Ms. Teibel.
Consideration of request for Variance of Use –
Petitioner: St. John Evangelist Church (favorable recommendation from the Board of Zoning Appeals) – Father Maletta explained the functions of the youth activity center. Discussion ensued regarding the restrictions placed by the BZA. Ms. Teibel motioned to grant the variance of use with the restrictions of: 1) that if the property is ever sold by the church it will go back to the original zoning, 2) there will be no sign present at this time pending further investigation, and 3) the Fire Department does a maximum establishment check. Seconded by Mr. Barenie. Motion unanimously passed. Mr. Austgen suggested that the Council ask Mr. Kil to compose a letter and attach a copy of the excerpt of the meeting minutes for the record of the proceeding of the application made by the church and it be sent to Attorney Place and Father Maletta and a copy be attached to the minutes.
Wellington Estates – Unit 1, release of Letter of Credit and approval of Subdivision Warranty (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to release the letter of credit, approve the warranty in the amount of $105,000 and authorize the Town Council President to execute same. Seconded by Mr. Barenie. Motion unanimously passed.
Approval of donation to the Pop Warner Tri-Town Raiders Football League –
Mr. Barenie motioned to authorize the donation in the amount of $500 to the Tri-Town Raiders Football program. Seconded by Mr. Pearson. Motion unanimously passed.
Consider approval of certain Utility Reimbursement Agreements for Wellington Estates (previously authorized by the Utility District) –
Mr. Fryzel stated that Wellington would like a recapture agreement due to the town requirement to upsize the sewer and water lines from the 8” to the proposed 18”. The recapture amount was $237,000, the engineer reviewed the figures and Mr. Muenich was sent a letter to re-do his figures. The recapture amount should be the difference between the cost of the upsizing from the 8” to the 18” lines. Ms. Teibel motioned to table until the next meeting. Seconded by Mr. Pearson. Motion unanimously passed. Item tabled until meeting on December 29th.
Consider approval of Encroachment Agreement with AT & T Corporation related to the Bicycle/Pedestrian Trail Project –
Ms. Teibel motioned to approve the Encroachment Agreement with AT&T and authorize the Town President to execute same. Seconded by Mr. Pearson. Motion unanimously passed. Discussion ensued regarding the length of time it is taking to build the bike trail, about 6 to 8 years. Mr. Kil stated that the Federal Highway Administration had a problem with the license agreement for two facilities, NIPSCO and ANR. They are now going to require potential easements instead of the license agreements. The main issue at present is the difficulty in securing the easements. Mr. Augsten sated that he was notified of this on November 3, 2005, the licenses would be returned and explained the process before the letting period.
Consider Ordinance #1406, an ordinance re-zoning certain real property and amending the Master Zoning Map of the Town of St. John for the Gates of St. John – Unit 11 and Unit 12 – rezone from R-2 Residential to Residential P.U.D. (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to adopt Ordinance #1406 incorporating the findings of fact from the Plan Commission. Seconded by Mr. Barenie. Motion passed: three yeas, one nay by Mr. Volk and one abstention by Ms. Teibel.
Consider Ordinance #1407, an ordinance re-zoning certain real property and amending the Master Zoning Map of the Town of St. John for the Gates of St. John – Unit 5, Unit 7A, Unit 8 and Unit 15 – rezone from R-2 Residential to Residential P.U.D. (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to adopt Ordinance #1407 incorporating the findings of fact from the Plan Commission. Seconded by Mr. Barenie. Motion passed with three yeas, one nay by Mr. Volk and one abstention by Ms. Teibel.

Mr. Richard Mislan, 9780 Clarmonte Ridge - asked if anyone has received any restrictions or covenants for the Gates of St. John. Mr. Kil stated that it is part of the annexation agreement. Mr. Mislan stated that he received a letter from the Corp of Engineers regarding the ponds, which will be filled in. He asked if the retention ponds would have water in them at all times and the depth. Mr. Kil stated that they asked for wet ponds with fountains in them, which are typically much nicer and easier to maintain. The project engineer, Ben Eldridge, stated they would be an average of 10 feet deep. Mr. Mislan asked if a piece of land that he was discussing with him was part of this rezoning. Mr. Kil stated that it was removed from the petition and referenced the last Plan Commission Meeting. Discussion ensued.

Consider Letter of Credit for Hemmer Development (St. John Square) in the amount of $126,390.00 (favorable recommendation from Plan Commission) –
Mr. Fryzel stated that this item is deferred to the meeting on December 29th at the request of Hemmer Development.

Reports & Correspondence

Town Council –
Ms. Teibel inquired about the complaints regarding the intersection of 93rd and U.S. 41. Mr. Fryzel stated that the intersection does not belong to the Town of St. John. The Town has sent letters to the State requesting that the intersection be fixed. This project has been on the State’s list for 4-5 years and keeps getting pushed back. The Governor has put a stop on that department until it can be re-evaluated. He stated that the Town would continue to pursue this matter. The town has put a no left turn on Patterson to alleviate traffic backing up.

Mr. Fryzel asked Mr. Austgen if he spoke to the County regarding the traffic tickets. Mr. Austgen stated that he has not done that yet; he has a draft ordinance for the cost of the tickets. Due to pending litigation matters he was unable to review the ordinance and bring to the meeting. He stated that it could be an agenda item for the meeting next week.

Mr. Fryzel mentioned a large real estate sign on 93rd Street (the Velligan Farm) that is in violation and asked Mr. Mainwaring to handle. They have been cited and should receive a ticket every day the sign is up.

Ms. Teibel stated that she has received several e-mails complimenting Christmas in the Park and reminded everyone this is the last weekend to see Santa. The lights will stay on through the holidays. Ms. Teibel was complimented for decorating the meeting room.

Mr. Fryzel mentioned 9231 Wicker Avenue, the old Fagen building. He stated that the son was going to fix the building. It has been three years and he asked Mr. Austgen to take steps to force them to fix the building. Mr. Fryzel requested an inspection of the building be made.

Clerk-Treasurer –
None
Staff –
None.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:35 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-22-2005 Town Council

December 22, 2005 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order 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. Police Chief Fred Frego was also present.

Approval of the minutes of the October 20, 2005 Regular Meeting, October 20, 2005 Executive Session, October 27, 2005 Regular Meeting and November 17, 2005 Regular Meeting –

Mr. Pearson motioned to approve the minutes of the October 20, 2005 Regular Meeting; October 20, 2005 Executive Session; October 27, 2005 Regular Meeting and the November 17, 2005 Regular Meeting. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business –

None

New Business

Town Attorney Services contract for calendar year 2006 –
Ms. Teibel motioned to approve the Services Contract for Austgen, Kuiper and Associates PC and authorize the Town Council President to execute same. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution # 05-12-22, a resolution providing for the transfer of appropriations for various funds –
Mr. Pearson motioned to adopt Resolution #05-12-22. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1409, an ordinance amending fee schedule of Master Traffic Ordinance –
Mr. Austgen stated that this is for the Drivers Education (Traffic school) costs and the split of the fee and disbursement adjustment. Mr. Barenie motioned to consider Ordinance #1409 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1409. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to amend the agenda to include Ordinance #1410. Seconded by Ms. Teibel. Motion unanimously passed.

Ordinance #1410, an ordinance amending the cost of the traffic tickets and the split of the fee and disbursement adjustment –
Ms. Teibel motioned to consider Ordinance #1410 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1410. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council -
Mr. Volk stated that he has been working with the residents of Sierra Point subdivision regarding drainage concerns not only on their corner of 93rd and Mallard but also at the retention pond. Mr. Faberbock reviewed some of their concerns and he found some differences between what was done and what was approved. The general consensus of the Plan Commission was that we move forward and correct those issues at Town expense for now and pursue this later. Mr. Faberbock will do a one-page design and present it at the next meeting.

Ms. Teibel stated that Santa would be at Christmas in the Park Friday from 5 p.m. – 8 p.m.

Clerk-Treasurer -
Ms. Sury asked for a motion to pay the difference to the county for the moving traffic violations. Item deferred to the December 29th meeting when the exact amount to be paid is available.
Staff -
None

Payment of Bills for the Corporation for APV’s #9313 - #9576 for $1,364,779.85 –

Ms. Teibel motioned to pay vouchers #9313 - #9576 in the amount of $1,364,779.85. Seconded by Mr. Pearson. Motion passed with four yeas 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 7:15 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-29-2005 Town Council

December 29, 2005 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order 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; Bob Pharazyn, Public Works Director; John Mainwaring, Code Enforcement Officer; Fire Chief Fred Willman; Steve Carter, Umbaugh & Associates; and Phil Faccenda, Barnes & Thornburg.

Awards Presentation

Community Events Committee -
Ms. Teibel presented the awards to the following recipients:
Jan Duncker for the Farmers’ Market, second year as Chairperson
Michelle Cash for Christmas in the Park, second year as Chairperson
Jim Funk for Chairmanship of the Events Committee

Employee of the Year Awards - The department heads presented the awards to the following recipients:
Tim Foley – Planning and Building Department
Tom Redar – Public Works Department
Rachael Wilkinson – Fire Department
Steve Rudzinski – Police Department

Officer Rudzinski stated that he has been asked by the Governor’s Council on Impaired and Dangerous Driving to write and co-ordinate an Incentive Grant to lower deaths in Lake County. The grant money will be given up front to the town. He would prepare the entire payroll and turn it into the Clerk’s office. In turn, checks would be forwarded to each individual town, about 17 checks a month with no taxes or Social Security deductions. He requested that the Clerk’s office hold these funds and process the checks. Ms. Sury stated that her office would accommodate Mr. Rudzinski’s request.

Old Business

Consider approval of certain Utility Reimbursement Agreements for Wellington Estates (previously authorized by the Utility District) –
Mr. Kil stated that he has Mr. Faberbock’s report however, they do not have a response from Mr. Muenich. Mr. Kil suggested that this item be deferred until the Town receives an appropriate response from the developer’s attorney. Mr. Pearson motioned to defer this item pending a response from Mr. Muenich. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Letter of Credit for Hemmer Development (St. John Square) in the amount of $126,390.00 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to approve the letter of credit in the amount of $126,390.00. Seconded by Ms. Teibel. Motion unanimously passed.

New Business

Resolution #05-12-29, a resolution regarding projects of the St. John Building Corporation and matters related thereto –
Mr. Kil stated that this is the next step in the Municipal Complex project; this pertains to the Public Safety Building. The resolution will authorize the issuance of the 2006 bonds to fund that facility. Mr. Carter stated that this resolution gives approval to seek financing for $6 Million Dollars for the second phase of the project. Ms. Teibel motioned to adopt Resolution #05-12-29. Seconded by Mr. Barenie. Motion passed with four yeas and one nay by Mr. Volk.
2006 Board and Commission Appointments –
Mr. Barenie nominated Mr. Fryzel for President of the St. John Town Council. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson nominated Ms. Teibel for Vice-President of the St. John Town Council. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel nominated Mr. Vince Frassinone and Mr. Ken Schneider to the Board of Zoning Appeals for a four-year term to expire 12-31-09. Motion passed with four yeas and one nay by Mr. Volk.

Mr. Pearson motioned to reappoint Mr. Ron Estep to the Economic Development Commission, term to expire 12-31-09. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to appoint Mr. Vince Frassinone to the Plan Commission with a term to expire 12-31-09 and to re-appoint Mr. Mike Ryan with a term to expire 12-31-09 and the staff re-appointments would be Mr. Steve Kil, Mr. Tim Foley and Mr. Jay Dahlin with terms to expire 12-31-06. Seconded by Mr. Pearson. Motion passed with four yeas and one nay by Mr. Volk.

Mr. Barenie motioned to appoint Ms. Shari Kolodziej to the Park Board with a term to expire 12-31-09, Ms. Mary Gruszczyk with a term to expire 12-31-08 and Mr. Joe Wachowski with a term to expire 12-31-07. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson nominated Ms. Rose Hejl and Mr. Don Farris to the Police Commission with terms to expire 12-31-08. Seconded by Mr. Barenie. Motion passed with four ayes and one nay by Mr. Volk.

Mr. Barenie motioned to re-appoint Ms. Pat Kocot and appoint Mr. Joe Gomeztagle to the Planning and Development Advisory Committee with a term to expire 12-31-08. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to appoint the Town Council to the Redevelopment Commission. Seconded by Mr. Pearson. Motion unanimously passed.

2006 Liaison Assignments – Mr. Fryzel stated that the appointments would remain the same:
Mr. Volk - Planning Commission and Board of Zoning Appeal
Mr. Fryzel – Fire Department, Public Works
Mr. Pearson – Lake County Solid Waste District, Police Commission
Ms. Sury – NIRPC
Mr. Barenie – Park Board
Ms. Teibel – Sanitary/Waterworks Districts

Ms. Teibel motioned to approve the Liaison Assignments as presented. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Pearson motioned to retain the law firm of Austgen and Kuiper as the Town attorney. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to retain the law firm of Austgen and Kuiper as the Police Commission attorney. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to retain Robinson Engineering as the Town Engineer. Seconded by Mr. Barenie. Motion unanimously passed.

Consider Letter of Credit for the Gates of St. John – Unit 16, in the amount of $998,319.58 –
Mr. Barenie motioned to accept the Letter of Credit for the Gates of St. John in the amount of $998,319.58. Seconded by Mr. Pearson. Motion passed with three yeas, one nay by Mr. Volk and one abstention by Ms. Teibel.
Consider approval and implementation of the amended and re-stated 457(b) Governmental Plan Document, as it pertains to the Town’s Deferred Compensation Program –
Ms. Teibel motioned to implement the amended and re-stated 457(b) Governmental Plan Document. Seconded by Mr. Pearson. Motion unanimously passed.
Consider approval of additional cost of traffic citations to the Circuit Court Clerk for November of 2005 in the amount of Two Dollars and Fifty Cents ($2.50) per citation –
Mr. Barenie motioned to authorize additional payment to the circuit court in the amount of $77.50. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council -
Mr. Volk asked for an update relating to the Sierra Pointe situation - Mr. Kil stated that he was waiting for information from Mr. Faberbock.

Mr. Fryzel requested that an update be provided on the repair status of a damaged gas pump at the gas station located on the corner of 93rd and 41. He also mentioned that a stop sign is needed at 85th and Primose due to the numerous complaints received; an amendment to Ordinance #511 will be prepared. Mr. Fryzel thanked all the town employees and all the volunteers for a great year.

Clerk-Treasurer –
None
Staff –
Mr. Pharazyn reported that on Wednesday the Fire Department would be moving into their temporary quarters.

Payment of Bills for the Corporation –

APV’s #9577 – 9606 for $8,721.34 – Ms. Teibel motioned to pay vouchers #9577 – 9606 for $8,721.34 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. Meeting adjourned at 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

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