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Town Council Meeting Minutes 2007

Meeting Minutes

01-18-2007 Town Council

January 18, 2007 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; Danette Garza for 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. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Parks and Recreation Superintendent.

Swearing-In Ceremony -

Ms. Sury administered the oaths to St. John Police Officers Shane Adams, Dave Ozust and Luke Schreiber.

Presentation –

Dr. Mike Livovich, Superintendent of Hanover Central School Corporation. Mr. Livovich presented the growth plan for the Hanover School Corporation including the tentative timetable as part of St. John is in their school district. They propose building a new middle school on a recently purchased parcel of land on Route 41 and also mentioned some academic changes and that there would be elementary school renovations as well.

Board and Commission Appointments for 2007 -

Ms. Teibel nominated Mr. Fryzel for President of the Town Council. Seconded by Mr. Pearson. Motion unanimously passed.

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

Mr. Barenie motioned for Clarence Monix to remain on the Board of Zoning Appeals. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to retain Steve Kil and John Mainwaring, and to add Joe Wachowski to the Plan Commission. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to appoint Carl Thomsen to the Park Board. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to retain William Dodaro and Robert Long on the Police Commission. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 abstention by Mr. Fryzel.

Ms. Teibel motioned to retain George Gawrys, Lyle Carlson and Daniel Bielski to the Planning, Development & Advisory Committee. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned that the Town Council members continue to serve as members of the Redevelopment Commission. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to retain Alex Monanteras for the Sanitary and Waterworks Districts. Seconded by Mr. Pearson. Motion unanimously passed.

Annual Appointments – 2007

Mr. Pearson motioned to retain the firm of Austgen Kuiper & Associates to represent the Town. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to retain the firm of Austgen Kuiper & Associates to represent the Police Commission. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 abstention by Mr. Fryzel.

(Sanitary & Waterworks District Attorney – the Sanitary & Waterworks District voted to retain the firm of Wieser Sterba & Wyllie to represent the District in 2007 during their January 15, 2007 regular meeting.)

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

2007 Liaison Assignments –

Mr. Fryzel stated that the appointments would remain the same as last year and announced the assignments: 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

Old Business –

None

New Business

Resolution # 07-01-18,
declaring certain un-collectible accounts as bad debt – Mr. Pearson motioned to adopt Resolution # 07-01-18. Seconded by Ms. Teibel. Motion unanimously passed.
Consider approval of 2007 St. John Volunteer Fire Department Roster –
Ms. Teibel motioned to defer approval of the 2007 St. John Volunteer Fire Department Roster until next week. Seconded by Mr. Pearson. Motion unanimously passed.
Consider Engineering Services Agreement with Butler, Fairman & Seufert for 93rd Avenue Improvements Project –
Mr. Pete Kohut, Vice-President of the Engineering firm of Butler, Fairman & Seufert, stated that his firm represented the Town of St. John and submitted an application to NIRPC in April 2006 stating their anticipated transportation improvement program for the fiscal years 2007 – 2011. The application was for improvements to 93rd Avenue from White Oak Avenue to U.S. 41. The application was approved and will receive $1,300,000 for the improvements to that street. This amount is approximately half of what they asked for. He and Mr. Kil decided to divide the project into two phases and develop the project in that way. One phase would be from Olcott Avenue to U.S. 41 (or the termini of the State project, which is just west of U.S. 41). Phase Two would take the improvements to White Oak Avenue. The improvements include construction of continuous left-turn lane, with curb and gutter, sidewalks, storm sewers and improved channelization at the intersections. He gave a brief description of the project submitted to NIRPC. Discussion ensued regarding bids for Professional Services and Engineering Services, federal law requirements and the tentative timetable for the drawn down of funds to be in 2009. Mr. Kil mentioned that right-of-ways that will have to be purchased.

Ms. Teibel motioned to approve the service agreement in the amount not to exceed $60,000.00 for a survey from White Oak Avenue to U.S. 41 and $77,500.00 for design from Olcott Avenue to U.S. 41 to be paid from the Cumulative Capital Accounts. Seconded by Mr. Pearson. Motion unanimously passed.

Authorization to request proposals for Construction Engineering Services for the St. John Bicycle / Pedestrian Trail –
Mr. Kil stated that the design work is done, they are ready to start the process for construction engineering services, and would like authorization to seek proposals. Mr. Pearson motioned to authorize the Town Manager to seek proposals for engineering services for the St. John Bicycle / Pedestrian Trail. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff -
Chief Frego thanked the Town Council and Mr. Kil for considering and approving the 2006 request for the additional officers that were sworn in. He stated that the town is growing and that calls were up approximately 17% last year and anticipates the trend to continue in 2007.

Mr. Kil stated that the Plan Commission is about half way through its review of the new Zoning Ordinance and remains a priority. He also mentioned that the IURC hearing would be held the end of this month.

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

01-25-2007 Town Council

January 25, 2007 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:08 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Bob Pharazyn, Public Works Director; and John Mainwaring, Code Enforcement Officer. Absent was Chip Sobek, Park & Recreation Superintendent.

Approval of Minutes of the December 21, 2006 and December 28, 2006 Town Council Meetings –

Mr. Pearson motioned to approve the minutes of the December 21, 2006 and December 28, 2006 Town Council meetings. Seconded by Ms. Teibel. Motion passed with 4 ayes and 1 abstention by Mr. Volk.
Public Hearing - Request for Tax Abatement – Relentless LLC – Petitioner James L. Wieser -
Proofs of Publication - Mr. Austgen stated that the Proofs of Publication indicated timely publication one time in each, The Times and the Post Tribune on January 15, 2007, and acknowledged the return receipt notifications to all governmental entities.

Opening Remarks – Attorney James L. Wieser stated that he represents Relentless LLC owned by Lee Milazzo. He provided an overview of Mr. Milazzo’s business, Perm Industries; his canning product is distributed worldwide, needs to expand his business and is requesting a tax abatement.

Town Council Comments – Mr. Volk questioned the length of time for the tax abatement granted to Perm Industries. Mr. Wieser provided an overview of the ten-year period of the tax abatement. Discussion ensued.

Open to the floor – Mr. Michael Forbes, 12466 W. 105th Place, inquired if this was for new construction and the length of the tax abatement. It was stated that this was for new construction and the tax abatement would be for five years.

RES #07-01-25 a confirmatory resolution establishing an economic revitalization area within the Town of St. John, IN
Mr. Barenie motioned to amend the previously adopted Resolution #06-12-28B to include the number of years, to be five. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 nay by Mr. Volk.

Ms. Teibel motioned to adopt Resolution #07-01-25. Seconded by Mr. Pearson. Ms. Teibel amended the motion to grant a 5-year abatement in Section 4. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 nay by Mr. Volk.

Bid Opening - Refuse and Recycling Collection
Proofs of Publication – Mr. Austgen stated that the publisher’s affidavits indicate there was timely publication in the Post Tribune and The Times one time each on January 8, 2007, and opened the two bids that were received. Mr. Austgen confirmed the bid of Allied Waste to be in order and read their bid summary – Exhibit A. The bid of Able Disposal (Republic Services, Inc.) was opened and confirmed to be in order. Mr. Austgen read their bid summary – Exhibit B.

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

Old Business –

None

New Business

Consider Letter of Credit for The Gates of St. John – Unit 2, in the amount of $376,121.63 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to accept the Letter of Credit in the amount of $376,121.63. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 abstention by Ms. Teibel.
Consider Letter of Credit for The Gates of St. John – Unit 6A & 10A, in the amount of $231,086.35 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the Letter of Credit in the amount of $231,086.35. Seconded by Mr. Barenie. Motion passed with 4 ayes and 1 abstention by Ms. Teibel.
Consider Letter of Credit for The Gates of St. John – Unit 10B, in the amount of $12,897.06 (favorable recommendation from Plan Commission) –
Mr. Fryzel stated that they do not have this Letter of Credit and will defer this item to next month.
Consider Letter of Credit reduction for Three Springs Subdivision- Unit 2, to the amount of $520,616.80 (favorable recommendation from Plan Commission) –
Mr. Fryzel stated that they do not have this Letter of Credit and will defer this item to next month.
Consider annual donation to the Safety Village in the amount of $2,000.00 –
Mr. Kil stated that the Safety Village is doing very well. There was a meeting today and they are putting together the curriculum. Ms. Teibel motioned to approve the donation to the Safety Village in the amount of $2,000.00. Seconded by Mr. Pearson. Motion unanimously passed.
Consider approval of the 2007 Fire Department Roster -
Mr. Pearson motioned to approve the 2007 Fire Department Roster and to approve a leave of absence for Mr. Tim Gorman. Seconded by Ms. Teibel. Motion unanimously passed.
Consider contractual agreement with the St. John Volunteer Fire Department for the year of 2007 -
Ms. Teibel motioned to approve the contract and authorize the Town Council President to execute the contractual agreement with the St. John Fire Department to include the corrections on page two. Seconded by Mr. Barenie. Motion unanimously passed.
Consider contractual agreement with the Lake Hills Fire Department for dispatching services for the year of 2007 –
Ms. Teibel motioned to approve the contract and authorize the Town Council President to execute same for the contractual agreement with the Lake Hills Fire Department for dispatching services for the year of 2007. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
Ms. Sury stated that there would be a new reporting system for the recycling information for Lake County Solid Waste. The report will include additional information and be web based. Also, the Town of Lowell will soon be designated as an electronic recycling collection site and when additional information is received, it can be included on the utility bills.
Staff
Mr. Kil stated that on Monday they (himself, engineers and financial consultant) are going to Indianapolis to testify before the IURC, they should do well.

Mr. Pharazyn mentioned that the Town of Schererville has had some problems with the water distribution system. The Schererville Town Manager told him their biggest problem was notifying all the effected homeowners and is thinking about using e-mail address’s to notify residents in such situations. Mr. Pharazyn suggested that St. John do the same. Discussion ensued.

Payment of Bills for the Corporation -

#7000 - #7177 in the amount of $708,984.75 – Mr. Pearson motioned to approve bill #7000 - #7177 in the amount of $708,984.75. Seconded by Mr. Barenie. Motion passed with 4 ayes and 1 abstention by Ms. Teibel.

Public Comment –

None

Adjournment –

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

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-15-2007 Town Council

February 15, 2007 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; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Fred Frego, Police Chief; Fred Willman, Fire Chief and John Mainwaring, Code Enforcement Officer. Absent were Mark Barenie, Member; Bob Pharazyn, Public Works Director and Chip Sobek, Parks & Recreation Superintendent.

Old Business –

None

NEW BUSINESS

Consider Contractual Agreement with the St. John Township Trustee’s Office for Senior Citizen Drop-In Center and Bus Service -
Ms. Teibel motioned to approve the agreement for the calendar year 2007 with the St. John Township Trustee’s Office and authorize the Town Council President to execute same. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.
Consider annual CF-1 Form for Rassel & Associates – 9620 Industrial Drive -
Ms. Teibel motioned to accept the Form CF-1 as presented and to authorize the Town Council President to sign. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.
Consider annual CF-1 Form for Meyers Development – 8400 Wicker Avenue -
Mr. Pearson motioned to accept Form CF-1 as presented and to authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion passed with a vote of 4 – 0.
Consider annual CF-1 Form for St. John Professional Center – 10200 Wicker Avenue -
Mr. Pearson motioned to accept Form CF-1 as presented and to authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion passed with a vote of 4 – 0.
Consider Letter of Credit for The Gates of St. John – Unit 10B, in the amount of $12,897.06 (favorable recommendation from Plan Commission) –
Deferred to the meeting next week.
Consider Letter of Credit (Certified Check) for Georgiou’s Addition – Lot 1, in the amount of $1,500.00 (favorable recommendation from Plan Commission) -
Mr. Pearson motioned to accept the certified check in the amount of $1,500.00. Seconded by Ms. Teibel. Motion passed with a vote of 4 – 0.
Consider Independent Contractor Consulting Agreement with Rassel & Associates for design services for the Public Safety Facility –
Mr. Volk asked what the final estimate would be including the floral, design, decorating, furniture, etc. Mr. Kil stated that this agreement was for the design only; they did not know what materials they wanted so the cost could not be included. Discussion ensued. Ms. Teibel motioned to approve the agreement with Rassel & Associates and to authorize the Town Council President to execute same. Seconded by Mr. Pearson. Motion passed with a vote of 3 ayes, 1 nay by Mr. Volk and 1 absent. Mr. Kil questioned and it was confirmed that the effective date for the agreement is February 15, 2007.
Consider Consulting Agreement with Michael L. Muenich and Waiver of Conflict of Interest Agreement –
Discussion ensued regarding the proposed annexation and time frame. Mr. Kil stated that essentially this is just an engagement letter stating the cost per hour for when services are needed. Ms. Teibel motioned to approve the Consulting Agreement and the Waiver of Conflict of Interest Agreement for Michael L. Muenich. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.
Ordinance # 1439, an ordinance reclassifying certain real property within the Town of St. John – Docter estates from R-1 residential to R-2 residential (favorable recommendation from Plan Commission) –
Mr. Fryzel questioned if there was any comment from the floor, with no response he stated that he had a lot of issues with this ordinance. The rezoning part he did not have an issue with however after reviewing the Plan Commission minutes, plans and the waivers requested, for the record he referenced his concerns that included on where the water lines would end at the end of lot three or the end of the development. The open ditch was referenced whereas no sewers on the front or back of the property were noted. Mr. Fryzel stated that the sewer is mandatory with no open ditch. He stated his preference to see sidewalks in this subdivision and referenced the curbs; catch basins, streetlights and the easement for lot two. Discussion ensued with the petitioner on these issues and lot three that will be addressed at the Plan Commission Study Session in March. Ms. Teibel motioned to adopt Ordinance #1439. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.
Consider award of Refuse and Recycling Bid –
Discussion ensued regarding the placement of the emptied refuse containers of the households. Ms. Teibel motioned to award the bid to Allied Waste Services in accordance with Alternate Bid #2 Year 1 - $14.35 and Year 2 - $15.07 to commence no later than May 7th. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.
Ordinance #1440, an ordinance amending Ordinance #1408 concerning rates and charges to customers of the Municipal Water Works –
Mr. Austgen stated that this is the introductory reading of a water rate amendment ordinance. It is based on the recommendation of the financial consultant, Steve Carter at H.J. Umbaugh and is intended to capture a sales rate that was not included in the towns’ rate structure. A public hearing is scheduled and is advertised for next week at the next regular meeting. Mr. Kil added his comments. Discussion ensued regarding the receipting of the funds collected from the dispensing machine and the upcoming hearing and effective date for the ordinance for the declining rate block. Ms. Teibel motioned to consider Ordinance #1440 amending Ordinance #1408 on first reading only and to authorize a public hearing on February 22. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.
Resolution #07-02-15, a resolution opposing the Target Corporation liquor license application –
Mr. Fryzel referenced the hearing he attended on this matter and stated that Target did not indicate they would like to sell liquor when the company approached the town to build a store. Mr. Austgen added that the citizen residents that signed a petition and came forward at a public hearing stating they did not want liquor sold in the store persuaded the County Liquor Board. Discussion ensued that questioned if this resolution only addressed the liquor license application for Target or if this resolution could apply for any other entity that may submit an application for a license. Mr. Austgen stated that it only pertained to Target because of their application. Ms. Teibel motioned to adopt Resolution #07-02-15. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Mr. Kil stated that Mr. Pharazyn received a very nice e-mail from a resident complimenting the department on snow removal during the recent snowstorm. Ms. Teibel complimented the Public Works, Police and Fire Departments on the good job they did during the recent snowstorm.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion passed with a vote of 4 – 0. Meeting adjourned at 7:42 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-22-2007 Town Council

February 22, 2007 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: Fred Frego, Police Chief, Fred Willman, Fire Chief, Bob Pharazyn, Public Works Director, Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer.

Approval of the Minutes of the January 18, 2007 Regular and January 25, 2007 Regular Town Council Meetings -

Ms. Teibel motioned to approve the Minutes of the January 18th and the January 25th Regular Town Council Meetings. Seconded by Mr. Pearson. Motion unanimously passed.

Public Hearing:

Ordinance #1440, and ordinance amending Ordinance #1408 concerning rates and charges to customers of the Municipal Water Works - Mr. Austgen stated that the Proofs of Publication are in order and notice has been published in The Times and the Post Tribune one time each on February 12th. He also noted for the record, the certification of mailing executed by the Clerk is in evidence whereby under Statute those customers and property owners that are required to be notified, received a notice of the public hearing.

Opening Remarks - None
Town Council Comments – None
Open to the Floor – No one
Closed to the Floor

Motion to adopt Ordinance #1440 (with effective date of March 15, 2007) - Mr. Pearson motioned to adopt Ordinance #1440. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business –

None

NEW BUSINESS

Proclamation for Indiana Child Abuse and Neglect Prevention Awareness –
Ms. Teibel read the Proclamation. Mr. Pearson motioned to declare April as Indiana Child Abuse and Neglect Prevention Month and to authorize the Town Council President to sign such. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual CF-1 Form for Welch Partners LLC – 9585 N. Industrial Drive -
Ms. Teibel motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual CF-1 Form for Welch Partners LLC – 9601 N. Industrial Drive –
Mr. Pearson motioned to accept CF-1 as presented and to authorize the Town Council President to sign same. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual CF-1 Form for J. L. Shandy Transportation - 10115 Ravenswood Drive -
Mr. Barenie motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Consider acceptance of deed for Saddle Creek Park -
Ms. Teibel motioned to accept the deed as submitted and to authorize the Town Council President to execute. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1441, an ordinance amending Town Code Section 4-28, pertaining to Building Department Escrow Fees –
Mr. Volk stated that within the ordinance it states that the permittee had to submit an “as built” at the end of construction to request the return of the escrow money and requested clarification on this. Mr. Austgen addressed the current ordinance and stated that it is vague and did not provide for any grandeur for the return of the escrow to be provided, this ordinance is a mythology to do so and referenced the duties of the inspector in relation to his review for compliance of the grades and elevations. Discussion ensued as to the cost ($175.00) for the “as built survey”, non-conformance, the remaining funds in the escrow account, default, and the effective date for forfeiture stated in the ordinance to be six months. Ms. Teibel motioned to consider Ordinance #1441 on first reading. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 nay by Mr. Volk. Mr. Fryzel stated that the adoption would be on the agenda for the first regular meeting in March.
Consider Ordinance # 1442, an ordinance authorizing a Traffic Deferral Program in the Town of St. John –
Mr. Austgen stated that this program replaces the driving school that was held in town until the end of last year and summarized the deferral program. He also mentioned that this also addresses an item brought up by the State Board of Accounts in its most recent audit. Mr. Barenie motioned to consider Ordinance #1442 on first reading. Seconded by Mr. Pearson. Motion unanimously passed. Mr. Pearson motioned to adopt Ordinance #1442. Seconded by Mr. Barenie. Motion unanimously passed.
Consider consulting agreement with Next Generation Solutions, Ltd. for the purpose of the Town’s Web Site Design –
Mr. Austgen stated that this is an independent contracting consulting agreement for the upgrade and modernization of the town’s web site. The contract fee is $11,050.00. Ms. Teibel motioned to approve the agreement with Next Generation Solutions, Ltd. and to authorize the Town Council President to execute same. Seconded by Mr. Barenie. Motion passed with 4 ayes and 1 nay by Mr. Volk.
Resolution # 07-02-22, a resolution authorizing a temporary transfer of funds -
Ms. Teibel motioned to adopt Resolution #07-02-22. Seconded by Mr. Pearson. Motion unanimously passed.
Consider fire service contract with Township Trustee’s Office -
Ms. Teibel motioned to approve the fire services contract in the amount of $23,927.00 and to authorize the Town Council President to execute. Seconded by Mr. Pearson. Motion unanimously passed.
Consider Letter of Credit for The Gates of St. John – Unit 10B, in the amount of $12,897.06 (favorable recommendation from Plan Commission) -
Mr. Pearson motioned to accept the Letter of Credit in the amount of $12,897.06. Seconded by Mr. Barenie. Motion passed with 3 ayes, 1 abstention by Ms. Teibel and 1 nay by Mr. Volk.
Ordinance #1443 amending Ordinance #1408 concerning rates and charges –
Mr. Kil provided on overview on this ordinance, Ordinance #1440 and the recommendations received from the Waterworks Board regarding the bulk water sales station and the declining rate block. Ms. Teibel motioned to consider Ordinance #1443 on first reading and to authorize a public hearing on March 15th. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Mr. Kil stated that he met with a representative of Nextel, the Towns cell phone provider, and there will be a change to the service agreements that amount of a savings of approximately $400 per month, (Nextel merged with Sprint). He also mentioned that the Safety Village on March 23rd would be holding another benefit and provided details for this event.

Mr. Pharazyn stated that he met with the engineer and INDOT regarding the intersection reconstruction project at 93rd and US #41. They are out to bid and plan to start the project mid-April with some preliminary storm sewer work. He did not receive an end date. An overview of the project and letting process was provided and he referenced our involvement in the utility work that needed to be done along with the replacement of the water main that presently sits under US #41. They are going to widen the intersection; all four legs to allow for turn lanes (93rd and US#41) and the intersection resurfaced and re-striped. A request has also been made for a by-directional turn lane up to the bridge. Discussion ensued regarding the plan to enlarge the pond for improved drainage at Prairie West Park (southeast corner of the pond). Mr. Pharazyn also mentioned that he is presently seeking proposals to complete the 93rd Avenue ditch elimination project, this is the fourth phase of the project. Discussion ensued.

Chief Frego mentioned that this past Tuesday, February 20th, was the 36th anniversary of the death of Town Marshall James Larimer and Indiana State Trooper John Streu. Chief Frego summarized the events of their deaths behind Kolling School while investigating a suspicious vehicle. The ceremony that was held in front of the Town Hall was also summarized along with recognition of the attendees Mr. Tuley, advocate for the parole hearings, and the widow of Marshall Larimer. Chief Frego stated that he plans on having a ceremony every year on the anniversary date in remembrance of these two fallen officers.

Mr. Austgen suggested that the new Police Station have a plaque or some form of recognition for the fallen officers. Discussion ensued. Ms. Teibel mentioned the plans for the history brick pathway (made from bricks from the old Police Department) that will be in front of the safety building and stated that the first brick installed will be in honor of Marshal Larimer. An update on the purchase of history bricks would be forthcoming.

Chief Willman thanked the Council for the 5% increase in the fire service contract with the St. John Township Trustee’s Office and also asked that a plaque be placed in recognition of a fireman killed in the line of duty. Discussion ensued regarding the plaques to be erected.

Payment of Bills for the Corporation #7178 - #7365 for $824,938.53 -

Ms. Teibel motioned to accept vouchers #7178 - #7365 in the amount of $824,938.53 for the payment of bills for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment

Daniel Fagen, 2240 Hart Street, Dyer – stated that he is a business owner in St. John, a tenant in a building at 9231 Wicker Avenue (currently under construction) and he would like to know why the town is preventing the work from being finished. Mr. Fryzel asked if he had an attorney present and if he was related to the owner. Mr. Fagen stated that he is a tenant and the owner is his Father. Mr. Fryzel stated this is in court right now and is between the two attorneys’ and would not be discussed at the council meeting.

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

03-15-2007 Town Council

March 15, 2007 Town Council Meeting Minutes

Tape recording of meeting inaudible

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 was Fred Frego, Police Chief, Fred Willman, Fire Chief, and John Mainwaring, Code Enforcement Officer. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Parks & Recreation Superintendent.

Public Hearing:

Ordinance #1443, an ordinance amending Ordinance #1408 concerning rates and charges to customers of the Municipal Water Works

Proofs of Publication – Attorney Austgen confirmed that the Proofs of Publication were in order and published in a timely manner in the Post Tribune and The Times, one time each paper on March 1st and that the hearing could be conducted.

Opening Remarks - None

Town Council Comments – None

Open to the Floor – None

Mr. Pearson motioned to adopt Ordinance #1443. Seconded by Ms. Teibel. Motion unanimously passed.

NEW BUSINESS

Ordinance #1441, an ordinance amending Town Code Section 4-28, pertaining to Building Department Escrow Fees –
Ms. Teibel motioned to adopt Ordinance #1441. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk.
Consider Letter of Credit for Three Springs – Phase 2 in the amount of $520,616.80 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to accept the Letter of Credit in the amount of $520,616.80. Seconded by Mr. Barenie. Motion unanimously passed.
Consider request for Annual Tootsie Roll Drive at 97th and U.S. 41 on Saturday, May 5, 2007 –
Ms. Teibel motioned to allow authorized persons at 97th and U.S. 41 for the Annual Tootsie Roll Drive on Saturday, May 5, 2007. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual donation to the Quad Town Safety Village –
Ms. Teibel motioned to approve a $2,000.00 donation to the Quad Town Safety Village. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Mr. Kil stated that for safety reasons, the Knights of Columbus will get vests from the Police Department to wear for the Tootsie Roll Drive and that the 93rd and US 41 State project has been delayed one month and must be re-bid.

Public Comment

Mr. Mickey Jasnic, 9139 Bryon Lane – inquired as to the meaning of the letter he received regarding the water rate increase. Mr. Fryzel sated that this was already addressed under the public hearing section at the beginning of the meeting along with the adoption of the ordinance.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:05 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-22-2007 Town Council

March 22, 2007 Town Council Meeting Minutes

Tape recording of meeting inaudible

The Girl Scout Troop opened the meeting with a Flag Ceremony and lead the Pledge of Allegiance. Mr. Fryzel called the meeting to order at 7:00 P.M.

Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Tim Kuiper for David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were: Fred Frego, Police Chief; Fred Willman, Fire Chief; Bob Pharazyn, Public Works Director; Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer. Absent was Member Mark Barenie.

Approval of the Minutes of the February 15, 2007 Regular and February 22, 2007 Regular Town Council Meetings –

Ms. Teibel motioned to approve the minutes of the February 15, 2007 Regular and February 22, 2007 Regular Town Council Meetings. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

NEW BUSINESS

Girl Scout Proclamation for 95th Anniversary Celebration –
Ms. Teibel read the Proclamation. Mr. Pearson motioned to declare Girl Scout Week March 11 – March 17 in the Town of St. John. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Drainage agreement of A.T. & T. property easement –
Mr. Pearson motioned to ratify the drainage easement agreement with A.T. & T. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Ordinance #1444, for Parks and Recreation Department to enter seasonal consignment agreement with Six Flags Great America –
Mr. Pearson motioned to consider Ordinance # 1444 on first reading. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

Ms. Teibel motioned to adopt Ordinance #1444. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Approve Payment to Next Generation in the Amount of $5,525.00 – Ms. Teibel motioned to approve the first invoice from Next Generation in the amount of $5,525.00 to be split between the departments (i.e. Building and Planning; Clerk-Treasurer’s Office, Fire Department, etc.) with each department paying $920.84. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Clerk-Treasurer – Ms. Sury stated that she received a “thank you letter” from the American Red Cross for the support they have received from the community’s blood donations and she wanted to thank the residents that continue to respond. Ms. Sury stated that the increased community participation was 10% compared to 2005 and that was due to the posting of the information on the monthly water bills.

Staff
Mr. Pharazyn stated that the 93rd Avenue ditch project is complete, the landscaping project at 93rd & Calumet will be done in 4-6 weeks and he is expecting reimbursement from FEMA in the amount of $10,000 due to the snow & ice storm.

Mr. Sobek stated that the donations for the Easter Egg Hunt were substantial, volleyball registration starts this Saturday and that registration for the Volleyball Summer Camp begins on Wednesday at Kolling School.

Mr. Mainwaring mentioned that notifications were sent out Saturday to builders that needed silt fencing.

Payment of Bills for the Corporation –

APV’s #7366 - #7534 in the amount of $1,178,508.34 – Ms. Teibel motioned to approve payment of APV’s # 7366 - #7534 in the amount of $1,178,508.34 for the Corporation. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Public Comment

Dan Fagen, 9231 Wicker Avenue - stated that he was speaking on behalf of his father who is in ill health, regarding the property at 9231 Wicker Avenue. He stated that other business locations in town have violations and have not been cited. He read a list of businesses and would provide a list if needed. Mr. Fryzel stated this matter was under litigation and could not be addressed.

Sharon Pacific, 11423 State Line Road, Dyer – asked how an ordinance could be passed regarding water and sewer service without notification. Mr. Fryzel said that there would be a meeting on April 3rd at 7:00 p.m. and everything would be explained at that meeting.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:20 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-19-2007 Town Council

April 19, 2007 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; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Fred Frego, Police Chief; Fred Willman, Fire Chief; John Mainwaring, Code Enforcement Officer; and Phil Faccenda from Barnes & Thornburg. Absent were Charles Pearson, Member; Bob Pharazyn, Public Works Director and Chip Sobek, Parks & Recreation Superintendent.

Public Hearing

Application of the Town of St. John for Year 2007 for Community Development Block Grant Project - Proofs of Publication – It was confirmed that the Proof of Publications were in order with timely publication one time on March 4 in The Times and one time in the Post Tribune on March 5, 2007.

Opening Remarks – Mr. Kil read the opening remarks and asked that the Opening Remarks, Affirmative Action Plan Adoption, Section 3 Understanding Form and Resolution #07-04-19 be incorporated into the record.

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 FY2007, the Town of St. John CDBG allocation is $29,050.00.

The most common use of CDBG funds is for infrastructure, including street reconstructions, sanitary sewers, water line extensions, storm drainage improvements, sidewalks, and projects to remove architectural barriers (handicapped access), such as curb cuts and wheelchair 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 at least 51% low/moderate income according to HUD guidelines. In most cases, an income survey must be done to qualify the area for funding eligibility. The income information taken by the survey is strictly confidential, and is used solely for the purpose of determining the area’s eligibility for CDBG funding.

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

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

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

Finally Project Applications, and supporting documentation, need to be submitted no later than April 27th for review by Lake County.

The floor is open for comments.

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 union, 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

____________________________
Title

CITIZEN PARTICIPATION PLAN

The following is a detailed citizen participation plan which:

  1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction;
  2. Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee’s proposed use of funds, as required by the regulations of the Secretary, and relation to the actual use of funds under the Act;
  3. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance to be determined by the grantee;
  4. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped;
  5. Provides for a timely written answer to written complaints and grievances, within fifteen (15) working days where practicable; and
  6. Identifies how the needs of non-English speaking residents will be in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate.

LAKE COUNTY, INDIANA
Section 3 Understanding

The U.S. Department of Housing and Urban Development (HUD) issued regulation 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 contacts 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 FY 2007
In addition, recipients and contractors are required to show compliance with the goal that at least10% 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 that I Have read the information above and understand the Section 3 requirements and numerical goals.

Name: _______________________________________________________

Title: __________________________________________________________

Date: _________________________________________________________

RESOLUTION NUMBER 07-04-19

A RESOLUTION AUTHORIZING AND DIRECTING
THE TOWN COUNCIL PRESIDENT OF THE TOWN ST. JOHN TO SUBMIT
A PROJECT PROPOSAL FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR FEDERAL FISCAL YEAR 2007

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 a satisfactory assurance prior to submission of its Application, that it has held one public hearing to obtain the views of citizens of Community Development needs; and

WHEREAS, the Town of St. John is proposing a product for assistance under the Housing and Community Development Act of 1974, as amended to date, and proposes to undertake and make available a total project cost of Twenty Nine Thousand and Fifty Dollars ($29,050.00); 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 of 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:

Section1: That the Town Council President of the Town of St. John, IN 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.

____________________________
Town Council President

ST. JOHN TOWN COUNCIL

________________________

________________________

________________________

________________________

ATTEST:
___________________________

Public Comment – None

Ms. Teibel motioned to adopt Resolution # 07-04-19 and direct the Town Council President to submit a project proposal. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Mr. Fryzel asked if anyone had any objections to allocating $4,000 to South Lake Community Services to be used towards the annual fuel expenses for the bus service. Hearing no objections he announced that $4,000 would be allocated to South Lake Community Services to be used towards annual fuel expenses.

Old Business –

None

New Business

Consider Letter of Credit (subdivision bond) for Silver Leaf Subdivision – Unit 2 in the amount of $1,932,114.43 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to approve the Letter of Credit for Silver Leaf Subdivision – Unit 2 in the amount of $1,932,114.32. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider Letter of Credit (subdivision bond) for Saddle Creek Subdivision in the amount of $2,247,072.42 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to approve the Letter of Credit for Saddle Creek Subdivision in the amount of $2,247,072.42. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Ordinance #1445, an ordinance amending Ordinance #962 for Registration of Contractors, clarifying definition –
Mr. Kil stated that this ordinance added language to define contractors such as landscapers, sprinkling system companies, etc. Mr. Barenie motioned to consider Ordinance #1445 on first reading. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

Ms. Teibel motioned to adopt Ordinance #1445. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Consider approval of Uniform Conflict of Interest Statement for Michael L. Muenich –
Ms. Teibel motioned to approve the Uniform Conflict of Interest Statement for Michael L. Muenich. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Ordinance #1446, an ordinance authorizing certain improvements to Waterworks System and authorizing the issuance of Revenue Bonds to provide for the cost thereof –
Mr. Kil stated that these are Re-Funding Bonds and recommended by the Waterworks Board. Mr. Fryzel stated that there would no increase in rates charged to the customers because of these bonds. Ms. Teibel motioned to consider Ordinance #1446 on first reading. Seconded by Mr. Barenie. Motion passed with a vote of 4 -0.

Ms. Teibel motioned to adopt Ordinance #1446. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Fee Agreement for the Law Firm of Stewart & Irwin, P.C. (local counsel) concerning Target Liquor License application –
Mr. Volk asked how much could the cost be to continue on with this case. Discussion ensued. Ms. Teibel motioned to ratify the agreement and authorize the Town Council President to execute same. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Use Variance request for Cherie’s Garden Daycare located at the northeast corner of Parrish Avenue and Route 231 (favorable recommendation from BZA) –
Ms. Teibel motioned to approve the Use Variance for Cherie’s Garden Daycare and to incorporate the findings of fact from the Board of Zoning Appeals. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

Public Comment –

Mr. Dale Robert, 11990 Heron Lake Road - inquired about the Heron Lake storm sewer project. The cost was $31,800 and asked if it was done on private property that belongs to Mr. Arzumanian. Discussion ensued.

Reports & Correspondence

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

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:25 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-26-2007 Town Council

April 26, 2007 Town Council Meeting Minutes

Tape recording of meeting partially inaudible

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: Fred Frego, Police Chief; Fred Willman, Fire Chief; Bob Pharazyn, Public Works Director; Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer.

Approval of the Minutes of the March 15, 2007 Regular and March 22, 2007 Regular Town Council Meetings –

Ms. Teibel motioned to approve the minutes as read. Seconded by Mr. Pearson. Motion unanimously passed.

Presentations

St. John Lions Club – 50 Years of Civic Service
Mr. Fryzel and Ms. Teibel presented the plaque to Lions Club Members, Mr. and Mrs. Thiel, Al Konieczka and Ken Fehlberg.
Assistant Chief Bernard Johnsen – Commendation
Mr. Fryzel and Ms. Teibel presented the plaque to Assistant Chief Johnsen in recognition of his performance as lead investigator.
Andrew Howe – Hanover Central State Wrestling Champion
Mr. Howe was unable to attend the meeting; commendation will be deferred until the next Town Council meeting.

Old Business –

None

New Business –

None

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff
Mr. Pharazyn stated that he has received the license for the AM radio broadcast signal that will activate when the weather siren activates so the warning can be heard over the radio.

Mr. Kil stated he met with the insurance adjuster and received a follow up letter stating that the Parks Department is doing a great job, sees that nothing needs to be addressed and hopes to see a rate reduction to coincide with that report.

Mr. Kil stated that he also has three invoices that did not make the docket for Red Bud Landscape Services that total $29,800 for work performed at Heartland Park. These invoices are primarily for work at the Girls’ Softball field; pathways, storm sewer restoration, flag poles etc. Mr. Pearson motioned to approve payment of three invoices to Red Bud for a total amount of $29,800. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Sobek stated that the Parks Department is getting into the summer programs; the volleyball program has early registration and has over 100 registrations so far and that the summer brochure would be out shortly within two weeks. Ms. Teibel thanked Mr. Sobek for the great job he did organizing the Easter Egg Hunt and turned a rainy day into a great event.

Payment of Bills for the Corporation –

APV’s #7535 – 7797 - $1,433,972,73 – Ms. Teibel motioned to approve payment of APV’s #7535 – 7797 in the amount of $1,433,972,73. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:18 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

05-24-2007 Town Council

May 24, 2007 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:09 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 Commander Frank Chapranda for Police Chief Fred Frego, Fred Willman, Fire Chief, Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer. Absent was Bob Pharazyn, Public Works Director.

Approval of the Minutes of the April 19th, 2007 Regular and April 26th, 2007 Regular Town Council Meetings –

Ms. Teibel motioned to approve the minutes of the April 19th and April 26th Regular Town Council Meetings. Seconded by Mr. Barenie. Motion passed with a vote of 4 – 0 - 1 (abstention by Mr. Pearson).

Old Business –

None

New Business

Letter of Credit for Gardenia Gardens in the amount of $295,138.80 (favorable recommendation from Plan Commission) –
Mr. Kil stated that this is for a commercial development on US #41, he has a fax copy of the letter of credit and that the original will be provided tomorrow. Discussion ensued regarding the location and anticipated business. Ms. Teibel, per favorable recommendation from the Plan Commission, motioned to accept the Letter of Credit in the amount of $295,138.80 for Gardenia Gardens. Seconded by Mr. Pearson. Motion unanimously passed.
Consider agreement with Pyramid Alarm Company for alarm monitoring equipment at main dispatch center in Public Safety Facility –
Ms. Teibel motioned for the Town Council President to authorize and execute the agreement with Pyramid Alarm Company. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Ordinance #1447, an ordinance re-classifying certain real property at 10639 Wicker Avenue (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to adopt Ordinance #1447. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Ordinance #1448, an ordinance amending Ordinance #526 requiring a portable restroom for a construction site –
Mr. Pearson motioned to consider Ordinance #1448 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1448. Seconded by Mr. Barenie. Motion unanimously passed.

Consider appointment to St. John Park Board (Ofilia Faye Cedano-Johnson) –
Ms. Teibel motioned to appoint Ms. Ofilia Faye Cedano-Johnson to the St. John Park Board term expiring 12/31/07. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Ordinance #1449, an ordinance amending Ordinance #1238 and #1239 providing for a schedule of rates and changes for BLS (Basic Life Support) and ALS (Advanced Life Support) Ambulance Service –
Ms. Teibel motioned to consider Ordinance #1449 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1449. Seconded by Mr. Barenie. Motion unanimously passed.

Consider Revenue Sharing Agreement with Holt, Sheets & Associates for electronic accident reports –
Mr. Austgen stated that he received a new version of the agreement this week and this is the third or fourth version. All of the Police Chiefs in the Northwest Indiana area are participating in the dialogue in this. He has not yet reviewed the latest version, which he heard has some changes in reimbursements and other substantive items. Mr. Pearson motioned to defer to next month. Seconded by Ms. Teibel. Motion unanimously passed. (Item will be on the agenda for the first meeting of next month).
Consider Ordinance #1450, an Ordinance amending #511 regarding traffic fines and violations –
Ms. Teibel motioned to consider Ordinance #1450 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1450. Seconded by Ms. Teibel. Motion unanimously passed.

Consider Resolution #07-05-24 – Transfer of Appropriations –
Ms. Sury stated that funds needed to be transferred and referenced APV #8013 to Burrink Concrete for $625.00 for sidewalk work on Belmont and APV #8012 to Redbud Landscape for the Landscaping work at 93rd and Calumet Avenue. Ms. Teibel motioned to adopt Resolution #07-25-24. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Volk referenced the Grimmer Property and asked Mr. Kil to address this item. Mr. Volk stated that he has asked the developer several times to put in a swale back to the ditch and asked the status of this. Discussion ensued. Mr. Kil stated that he had a staff meeting with the developer (Crossing Creek) and Mike Muenich and advised them that this must get done in the next couple of weeks.

Mr. Volk also mentioned a letter he received from a resident regarding the recycling cans. Mr. Fryzel stated that he has spoken to the resident and the item is taken care of. Discussion ensued.

Ms. Teibel reminded everyone that the festival is starting to take shape. The parade is on Saturday and that they are still accepting volunteers.

Clerk-Treasurer -
None
Staff
Mr. Sobek reported that the program registrations are going very well and that the first program will start next week.

Commander Chapranda reported that the department is going to request the purchase of two cars, through the state bid, and that the special equipment fund will be used for the purchase.

Chief Willman stated the he is excited to move into the new building and thanked the Town Council, the Town Manager, Town Attorney and all the staff.

Ms. Teibel stated that the website is up and running. She thanked Rachel Wilkinson, Fire Department, and Jay Dahlin, Police Department, for all of their help.

Payment of Bills for the Corporation #7798 to #8014 for $1,249,729.45 –

Ms. Teibel motioned to accept vouchers #7798 to #8014 in the amount of $1,249,729.45 for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment

Mr. Dale Robert, 11990 Heron Lake Road – stated that he attended the April 19th meeting and gave the Clerk-Treasurer a copy of the statement that he read, as he is aware there were problems with the recording of that meeting and requested permission to read the statement. Mr. Robert asked Mr. Kil if he was aware of the ownership by the people of Heron Lake Subdivision and if they own it at this time. Mr. Kil responded that he was not sure if the transfer had taken place. Discussion ensued.

Mr. Robert read a portion of the statement (Exhibit A) regarding information requested for the project that included a storm sewer extension that was never completed by the developer, Alex Arzumanian. Discussion ensued.

Mr. Robert inquired about the unfinished streets in his subdivision. Discussion ensued. Mr. Kil questioned if Mr. Robert was addressing the surface course and responded that the town, by general rule, does not want the streets completed until 80% of the subdivision is built out. Discussion ensued regarding the responsibility of the developer.

Mr. Robert also stated that he was in the Building Department today and spoke with the Building Inspector, Tim Foley, regarding a deck a neighbor is putting up. He stated that according to International Residential Code that when a deck is attached to the home it becomes part of the property. Mr. Foley did not agree with that. Mr. Robert added that the deck comes within less than six feet of the property line and the town code is within ten feet of the property line. Mr. Kil replied that this is a zoning ordinance issue and the side building line applies to a structure. The towns zoning ordinance does not consider a deck as part of the main structure. Discussion ensued. Mr. Robert mentioned that when he met with Mr. Foley he was told by Mr. Foley that he was “the Mayor of Heron Lake and he should quit bird dogging the subdivision” in front of several others and he considered that an insult. Discussion ensued.

Mr. Robert also mentioned there are two homes with pools that do not have a fence, one pool was installed last year, discussion ensued. Mr. Fryzel stated that he would follow up on the pool issue.

Ms. Shelley Hintz, 9370 West 89th Avenue – stated that in front of the Plan Commission there is a subdivision, Rose Garden addition, and the issue has become Parrish Avenue. There is a lot of mystery whether Parrish Avenue should be or not. She has compiled informational binders for the Town Council members and would like to present them. Mr. Austgen reminded the council that the Plan Commission has, by Statute, under Indiana Code 36-7-4-701 sec, exclusive jurisdiction over the platting of subdivisions and the circumstances related to it. The information they have received while it is important to them should be passed on to the Plan Commission for the continued review and consideration of that project. Discussion ensued.

Mr. Fryzel amended the agenda to include approval for the Police Department to purchase the vehicles. Ms. Teibel motioned to approve the purchase of two vehicles with the special equipment package by the Police Department in the amount of $42,842.50. Seconded by Mr. Pearson. Motion unanimously passed.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:34 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-21-2007 Town Council

June 21, 2007 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 Fred Frego, Police Chief; Fred Willman, Fire Chief; and John Mainwaring, Code Enforcement Officer. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Parks & Recreation Superintendent.

Mr. Fryzel stated that he wanted to personally purchase something for the Fire Department when they moved into their new facility. He introduced the new mascot, a Dalmatian puppy. Chief Willman named the puppy Jake, after the first Fire Chief whose name was Jacob.

OLD BUSINESS –

None

NEW BUSINESS

Consider Revenue Sharing Agreement with Holt, Sheets & Associates for electronic accident reports –
Ms. Teibel motioned to approve the agreement and authorize the Clerk-Treasurer to execute. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Letter of Credit for North Point – Unit 3 in the amount of $438,571.10 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to approve the Letter of Credit. Seconded by Ms. Teibel. Motion unanimously passed.
Resolution #07-06-21, a resolution enlarging the boundaries of an Economic Development Area within the Town of St. John Indiana –
Mr. Volk asked for clarification of the enlarging of the boundaries in relation to the 5’ strip of land. Mr. Kil confirmed that the only additional land is the 5’ strip of land. Ms. Teibel motioned to adopt Resolution #07-06-21. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1451, an ordinance regarding the use of Fireworks within the Town of St. John Indiana –
Mr. Fryzel stated that this was changed to coincide with State law. Ms. Teibel motioned to consider Ordinance #1451 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1451. Seconded by Ms. Teibel. Motion unanimously passed.

Consider Grant of Right into Sanitary Sewer System of municipality by Golfview Partners, LLC –
Ms. Teibel motioned to approve the grant of right to Golfview Partners, LLC. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Grant of Right into Water Utility System of municipality by Golfview Partners, LLC –
Ms. Teibel motioned to approve the grant of right to Golfview Partners, LLC. Seconded by Mr. Pearson. Motion unanimously passed.
A request for Special Exception for Aldi’s Corporation (Petitioner: Todd Leeth) (unfavorable recommendation from Board of Zoning Appeals) –
Mr. Austgen recommended that the council defer this matter. He stated that they are still reviewing the record, which is being certified to you by the Board of Zoning Appeals. The council has a 90-day period from the date of certification to act upon this and that is August 21st. Mr. Pearson motioned to defer. Seconded by Ms. Teibel. Motion unanimously passed.
Acceptance of Deeds for real property located at The Gates of St. John –
Mr. Fryzel stated that this is for the water tower, fire station, well and water treatment plant. Mr. Fryzel requested that Mr. Austgen recommend a motion on this matter. Mr. Austgen stated that if the parcels are readily identifiable and are being accepted, it takes a motion to approve acceptance and authorize signature of acceptance. Mr. Kil asked Mr. Austgen if it is acceptable that this document has his name, as the purchasing agent on behalf of the Town, and that of the Clerk-Treasurer on the document for execution. Mr. Austgen confirmed that it is acceptable as long as the Town Council authorizes it. Mr. Kil stated that this will be dedicated and platted but the deed is needed. Mr. Pearson motioned to accept and authorize signatures as presented. Seconded by Mr. Barenie. Motion passed with a vote of 3 ayes, 1 nay by Mr. Volk and 1 abstention by Ms. Teibel.
Resolution #07-06-21A, a resolution authorizing a temporary transfer and loan of funds –
Ms. Teibel motioned to adopt Resolution #07-06-21A. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Chief Frego reported that the new facility is approximately 90% moved into now, the radio room is operational and working nearly perfect.

Public Comment

Police Lt. Kouder stated that he was appointed by the members to address the council. He read a statement that mentioned the drastic improvements, how they have gone from the dark ages to the 20th Century and thanked the council.

Shelley Hintz, 9370 W. 89th Avenue – asked if the Grant of Rights for Golfview that were approved included Phase I of the development. Mr. Kil stated that this pertained to the entire development and Mr. Fryzel stated that the development is on the Master Plan for St. John.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:14 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-28-2007 Town Council

June 28, 2007 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; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Fred Frego, Police Chief and Fred Willman, Fire Chief. Absent were Charles Pearson, Member; Mark Barenie, Member; David Austgen, (excused absence) Attorney; Bob Pharazyn, Public Works Director; Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer.

Approval of the Minutes of the May 24, 2007 Regular Town Council Meeting –

Ms. Teibel motioned to approve the minutes of the May 24, 2007 Town Council meeting as read. Seconded by Mr. Volk. Motioned passed with a vote of 3 - 0.

Swearing-In Ceremony -

Ms. Sury administered the oath to Reserve Officer Clifford Wroe.

Old Business –

None

New Business

Consider acceptance of deed to Lantern Woods Property Owners Association of parkland – Mr. Bill McCall, 8746 Park Lane, stated that the Association felt the Town Council has done a good job with the parkland and would like to donate the park, however, if the town decides to sell the property the association would like to have the first right of refusal. Ms. Teibel motioned to accept the associations’ warranty deed. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Reports & Correspondence

Mr. Kil stated that everyone is in the new safety building and there is still some landscaping to be done.
Town Council -
Ms. Teibel reminded everyone of the Independence Day celebration Monday night at Lake Central.
Clerk-Treasurer –
None
Staff
Chief Frego stated that Cedar Lake would like the old radio from the old building to maintain their radio, parts are no longer available and there is no cash value. Ms. Teibel motioned to donate the old radio from the Police Department to the Cedar Lake Police Department. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Chief Willman stated that three additional paramedic/firefighters have been hired and Sunday morning, at midnight, (pre-hospital care) Advanced Life Support starts. He mentioned they are enjoying their new building.

Payment of Bills for the Corporation –

APV’s #8015 - #8295 for $1,668,382.94 – Ms. Teibel motioned to approve vouchers #8015 - #8295 in the amount of $1,668,382.94. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Public Comment

Ms. Faye Cedano Johnson, 8168 Magoun Drive – stated that she is speaking on behalf of the homeowners in both Heron Lake and Heron Park and wants to thank the council for the wonderful splash park.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Meeting adjourned at 7:10 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-19-2007 Town Council

July 19, 2007 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; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Fred Willman, Fire Chief and Bob Pharazyn, Public Works Director. Absent were Charles Pearson, Member; Fred Frego, Police Chief; Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer.

Approval of the Minutes of the June 21, 2007 Executive Session, June 21, 2007 Regular and June 28, 2007 Regular Town Council Meetings –

Ms. Teibel motioned to approve the minutes of the June 21st Executive Session, the June 21st and June 28th Regular. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0. Mr. Volk mentioned an amendment must be read into the June 21st minutes. Due to clerical error the vote on page 2 for the Acceptance of Deeds for real property located at The Gates of St. John was recorded incorrectly. It should read “Motion passed with a vote of 3 ayes, 1 nay by Mr. Volk and 1 abstention by Ms. Teibel.” Ms. Teibel motioned to accept the minutes as they are with that change. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Old Business –

None

New Business

Consider annual donation to St. John Volunteer Fire Department –
Mr. Fryzel stated that this has been taken care of. Ms. Teibel motioned to remove this item from the agenda. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Resolution #07-07-19, transfer of appropriations for various funds of the Town (Building & Planning Department) –
Ms. Teibel motioned to adopt Resolution #07-07-19. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Resolution #07-07-19A, Interlocal Agreement for 2007-2008 bulk salt purchase –
Ms. Teibel motioned to adopt Resolution #07-07-19A. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Resolution #07-07-19B, a resolution opposing the proposed County Option Income Tax –
Ms. Teibel motioned to adopt Resolution #07-07-19B. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Resolution #07-07-19C, a resolution requesting Lake County Council to act to withdraw review of operating budget decisions from the recent and newly established County Board of Tax Adjustments and Capital Projects Review -
Mr. Barenie motioned to adopt Resolution #07-07-19C. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Resolution #07-07-19D, a resolution authorizing the temporary transfer and loans of funds (Wastewater Treatment Plant Expansion Fund to St. John 05 Town Project) –
Mr. Volk asked what the $1.5M was for. Mr. Fryzel stated that this is to complete the buildings; the work has been completed but not paid for. He added the project is still under the budget of $6.9M, $100,000.00 under budget, after this $1.5M transfer. Mr. Volk asked about the cost of the total project and stated that the bond was for $10.5M. Discussion ensued. Mr. Volk stated that he calculated the project to come to $11M without the $1.5M. Mr. Kil stated that the total project came in at about $11M and in the bond account with the interest applied; they still have a little over $100,000.00 in the account. Discussion ensued. Ms. Teibel mentioned that there are some things the bond money could not be used for. Mr. Fryzel stated that there are some items that could not be purchased with the tax money. Ms. Teibel motioned to adopt Resolution # 07-07-19D. Seconded by Mr. Barenie. Motion passed with a vote of 3 ayes and one nay by Mr. Volk.
Consider contract for sewer and water cost reimbursement for Docter Estates (favorable recommendation from Utility Districts) –
Ms. Teibel motioned to approve the cost reimbursement contract. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Ms. Teibel mentioned that a letter went out today to the residents regarding the purchasing of bricks for the history wall. The last day to get the bricks ordered and paid for is August 3rd. Discussion ensued regarding the amount of characters allowed per brick and the side-by-side placement. Mr. Fryzel stated that the wall would be built then the names would be blasted on with tentative plans that names can be added once or twice a year in the future.
Clerk-Treasurer –
None
Staff –
None

Payment of Bills for the Corporation

APV’s #8296 - #8468 in the amount of $2,049,169.12 – Ms. Teibel motioned to accept vouchers #8296 - #8468 in the amount of $2,049,169.12 for the payment of bills for the Corporation. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Public Comment

Mr. Michael Forbes, 12466 West 105th Place – Referenced Docter Estates and the meeting of the Sanitary/Waterworks Board on Monday (July 16, 2007) and asked if the attorney reviewed the contract for Docter Estates. Ms. Sury read the approval letter from Attorney Wyllie. Mr. Forbes asked why only three parcels. Discussion ensued regarding the possibility of additional parcels further north. Mr. Kil stated that they were only asking for the three parcels and he spoke with Terry Levine who said engineering wise; they would not be able to tap into the sewer.

Mr. Forbes stated that he calculated the totals for the Municipal Building Complex based on the total project numbers: Bond $10.4M has been used (excluding the $100,000.00 still in the account) - General Fund Contribution $400,000.00 - Sanitary Board Contribution $350,000.00 - Loan of $1.5M for a total cost $12.65M and asked about the additional $350,000 in the project. Discussion ensued.

Mr. Kil stated that the applied interest is about $183,000 left in the bond account. He added that Ken is calculating that there will be about $490,000 remaining at the completion of the project and there are also some variables to be finished. Discussion ensued.

Mr. Fryzel stated that when Mr. Forbes was on the Council and as Council President in 2003, the council could not get past the semantics of naming the building let alone to build it. In the time it took them to go back and forth what to name the complex, Mr. Forbes interrupted saying this was personal. Mr. Fryzel said it is not personal, he is showing what he did not do as a council member and what it is costing the community today. If they would have acted back then to build these buildings he could have saved the community about $1.6M. He also mentioned that they have had to deal with the escalating prices of lumber after Katrina, so there’s a difference of about $1.6M if it was done 4 years ago. Mr. Forbes said he merely asked a question about the money and Mr. Fryzel still has not answered the question. Mr. Fryzel stated that they are at $11.2M and that is what the Town Manager told Mr. Volk. Mr. Forbes said that in October, 2004 Mr. Fryzel said this project would not go over $7M, Mr. Fryzel countered that Mr. Forbes is wrong, he said $8.5M. Mr. Forbes stated that $750,000 of the bond was to go to boy’s baseball for the building of the ball fields and a percentage was to go to the rehab of the Lake Hills community. Mr. Fryzel said that is correct. Mr. Forbes stated that none of that happened. Mr. Fryzel said he believed some money went to Lake Hills and some money went to baseball and asked Mr. Kil. Mr. Kil stated that a substantial amount went to the baseball fields; it was a shared cost with Mr. Olthof. Mr. Forbes said, regardless, they are far over their original proposed budget.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:18 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-16-2007 Town Council

August 16, 2007 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:12 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 Fred Frego, Police Chief; Fred Willman, Fire Chief and John Mainwaring, Code Enforcement Officer. Absent were Charles Pearson, Member; Bob Pharazyn, Public Works Director and Chip Sobek, Parks & Recreation Superintendent.

Public Hearing - Ordinance #1453, annexation of real property commonly known as 13800 West 93rd Avenue (Jehovah-Nissi, Inc. – Mausoleum)

Mr. Austgen stated that the publishers affidavit of The Times and Post Tribune indicate publication one time in each newspaper July 27th that meets the advance notice special advertising requirements for annexation and is in evidence.

Mr. Austgen stated that he is looking for, however, the verification of ownership or the authority of the petitioner. There is a petition for annexation; it is difficult to read. It is hard to tell if it is by the owner or not. Although it does reference Madeline M. Lee with a dating of June 20, 2007, but he is not certain if Madeline M. Lee is Jehovah-Nissi, Incorporated. So some verification of petitioner/owner status would be required.

Finally, he was handed an affidavit by Michael Muenich, who is a well known attorney in the community, related to this matter and specifically with regard to this affidavit, Mr. Muenich acknowledges, under oath, the personal information he has related to this application and subject property.

First, that he is personally familiar with the property immediately south of the intersection of Schillton Drive and West 93rd Avenue in St. John. Two, that he personally observed a notice of public hearing posted immediately south of the intersection of Schillton and West 93rd. He photographed same on August 13th and he provided a copy of same attached to the affidavit. And finally, he indicates in his affidavit that the signs are placed on property owned by Lake County Trust Company as Trustee under Trust 4609 which consists of 47 acres and was previously annexed into the Town of St. John more than 10 years ago.

Mr. Austgen stated that it appears that the subject parcel represented in the petition for annexation is represented to be 27 acres of land. It appears that key numbers are provided with a generic meets and bounds description. None of which has been able to be verified as we sit here. Although it does represent in the petition for annexation that 100% of the owners of the parcel represented are the subject of the petition for annexation. So it appears that some verification of ownership of petitioner status is required; and two, that there is some defect presented by the affidavit of Attorney Muenich with regard to the placement of the notice of public hearing which is, we know, a very substantial notice requirement here in town and is a longstanding legal notice requirement for these type matters and public hearings; and finally, some public hearing documentation, at a minimum, would be required. So facially, there may be some issues.

Mr. Fryzel asked for a show of hands of how many people were at the meeting specifically for the public hearing. Mr. Fryzel asked if the petitioner was present or a representative for the petitioner present. No response was provided and Mr. Fryzel requested that the record reflect that the petitioner or a representative of the petitioner was not present for the public hearing.

Mr. Kil stated that they prepared, as they typically do, a proposed form of ordinance for any petitioner who comes with a 100% consenting petition to the town. For clarification, he did speak with the individual who petitioned for the annexation, she indicated she is not the property owner. Mr. Kil stated that he indicated to her at that time that you couldn’t simply annex property you do not own, you must have Power of Attorney or some other document or evidence of your ability to do that. To the best of his knowledge he does not have that, she never presented that to him. Mr. Austgen asked if Mr. Kil ever received any letter of authorization, power of direction, anything other than what is contained in the file. Mr. Kil stated that he did not possess any other information but that she did speak with him and stated that she wanted to be removed from the agenda. He told her that was not the case; there was an advertised public hearing, that she put a sign out, apparently in the wrong location. Pursuant with any direction from the Town Council, the public hearing would have to proceed.

Mr. Fryzel stated they would first have the town council comments and then the public comment since several people came out tonight for the hearing.

Town Council Comments
Mr. Fryzel referenced the Comprehensive Plan that clearly shows the area in question. It shows the proposed zoning as single family residential, that’s what they will push for in that area. He stated that he spoke today with a board member from the State Board of Cemeteries and Funeral Directors who advised of him that pursuant to IC 23-14-33-1, a mausoleum is considered a cemetery and a mausoleum must adhere to the same requirements as a cemetery. This board member advised him that he would not recommend this high traffic use be approved for any residential area. Further, the town will make sure all aspects of the state law are being followed.

Ms. Teibel stated she would like to stay with the Comprehensive Master Plan. Mr. Barenie and Mr. Volk agreed.

Open to the Floor for Public Comment
Mr. Steve Crabtree, 9451 West 89th – stated that he wanted to ask Kim Woods, the contact for the company, why she did not want the project publicized until the land was annexed and approved by the town. He also asked if the mausoleum would be non-profit and tax exempt. Mr. Austgen said they would not know that until the petitioner brought forth the entity organization documents that identify actually how the land and/or the business is going to be operated.

Mr. Kil mentioned that in their conversations with the individual from the State Board of Cemeteries and Funeral Directors, this question was posed to them. It was indicated to him that any governmental assistance or not for profit for a use for something like this is simply unheard of in the industry, the only ones they are aware of are in conjunction with the Catholic Church to the best of their knowledge. These are all for profit entities. He does not know what this company’s intention is.

Mr. Crabtree stated that there is a similar company listed on taxexemptroll.com as a tax-exempt non-profit organization. He asked, if they are tax exempt, what advantage would this have for the Town of St. John. None replied Mr. Fryzel and Ms. Teibel. Mr. Crabtree also asked if the town could buy and annex the property for future park site and to add green space. Mr. Fryzel stated that when this property is annexed sometime in the future it would be as R-1, single family residence, they will follow the Comprehensive Plan. Mr. Austgen added that if a residential development is proposed and approved on that parcel there is a park line dedication requirement in the town code. Discussion ensued regarding green space. Mr. Crabtree asked if the mausoleum would be approved and then fail, would the area then turn into a retail district. Mr. Fryzel confirmed that the area would come in as R-1 residential.

Mr. Dale Andres, 9505 Julia Drive in Bramblewood – asked if there are a lot of wetlands and if they are buildable. Mr. Fryzel stated that there are a lot of wetlands and asked Mr. Kil to respond as to the percentage of the wetland area that is not buildable. Mr. Kil stated that a lot of developers have looked at the property and there is a substantial amount of the property that lies in either the wetland or the designated flood way because it lies adjacent to Bull Run Ditch. Mr. Andres commended the board for staying with their Comprehensive Plan.

Ms. Sheryl Ford, 9423 Hilltop Drive – stated that she was very upset when she heard that a 60,000 square foot cement block would be going up along 93rd Avenue she does not think it would be appropriate for 93rd Avenue. She is tired of all of the new homes coming in; she would like to see the property as open green space with no residents and requested that they reconsider that property even becoming residential.

Mr. Michael Nees, 13411 Randall Drive – asked what is the Town Council’s vision if they are willing to accept a mausoleum. He wanted to express his pleasure that it would always be zoned or come into the town as R-1. He believes the City of St. John has done an excellent job in the growth and in maintaining a very nice community. They have lived here seven years and have enjoyed the growth and are happy it is not going to be a commercial site.

Mr. Fryzel stated that the Comprehensive Plan is a 25-year plan; if a developer comes into town and buys property that is R-1 they cannot stop that developer from building by law. The reason they annex the property is they can control what goes into that area. If the petitioner goes to the county, where the property is currently located, the town has no control over what goes on that property. Discussion ensued.

Close the Floor for Public Comment
Mr. Barenie motioned to deny Ordinance #1453 based upon the lack of compliance and completion of proper public notice requirements. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

Mr. Austgen stated that if the petitioners (land owners) come back and followed the proper procedures; there could be another public hearing.

New Business

Consider Letter of Credit for Meadows of St. John – Unit II in the amount of $403,370.55 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to accept the letter of credit in the amount of $403,370.55. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Proclamation for “Constitution Week” in St. John –
Mr. Fryzel read the proclamation. Ms. Teibel motioned to proclaim the week of September 17 to 23, 2007, as Constitution Week. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Resolution #07-08-16, transfer and loan of funds of the Town (Park Operating Fund) –
Mr. Barenie motioned to adopt Resolution #07-08-16. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Resolution #07-08-16A, transfer of appropriations for various funds of the Town (LRS/Street Salt) –
Ms. Teibel motioned to adopt Resolution #07-08-16A. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider special exception application for Aldi Corporation (Petitioner: Todd Leeth) (unfavorable recommendation from B.Z.A. –
continued from June 21, 2007 Town Council meeting) – Mr. Fryzel stated that when the developer was met referencing this location, the developer had promised the council and the town that they would look for a type of business that would be in the area of what they were looking for in town. At no time did they ever say that it would be anything like this as is in the petition to the town. He asked if any other council members remembered the conversation with the developer, what the promises were to the community and what would be in this location. Ms. Teibel stated that she felt they were dishonest with us. Ms. Teibel motioned to deny the special exception based on the recommendations from the Board of Zoning Appeals in the Findings of Fact. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff -
Mr. Kil stated that he wanted to make sure everyone noticed the new sidewalk that has been placed on 93rd Avenue in the area of Sierra Pointe subdivision. The Plan Commission, after working with the developer for years, has finally been successful in getting that installed. The School Corporation is working on a grant to install sidewalks on Schafer Drive to enable the kids to walk to the new middle school.

Payment of Bills for the Corporation - #8469 - #8645 in the amount of $1,185,490.05 –

Ms. Teibel motioned to accept vouchers 8469 – 8645 in the amount of $1,185,490.05 paying the bills for the Corporation. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Public Comment

Ms. Cheryl Ford, 9423 Hilltop Drive – asked if the bills that were approved were for a one month time period. Mr. Fryzel stated that the bills were for the month. Ms. Ford asked how many days before the board meeting does the agenda have to be posted. Ms. Sury stated that the agenda can be posted up until the time of the meeting. Ms. Ford inquired as to the time frame for the posting of meeting notices and why public comment is at the end of the meeting as opposed to prior to the regular business. Ms. Sury, Mr. Kil and Mr. Austgen answered her questions as to the posting/publication of the notices, special meeting notices, agendas and Mr. Fryzel stated that the placement of public comment on the agenda is always near the end of a meeting except during a public hearing.

Mr. Bill Dravesky, 9038 Howard Court – asked the Town Council if they ever considered passing a resolution banning the use of a cell phone in a motor vehicle that is moving. Discussion ensued.

Mr. Tom Malsh, 9745 Julia Drive – stated that he was the co-chairman of the Chamber/Rotary Corn Roast last Friday and wanted to thank the town for helping and appreciates their support.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:56 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-23-2007 Town Council

August 23, 2007 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 present were: Fred Frego, Police Chief; Fred Willman, Fire Chief; Bob Pharazyn, Public Works Director; Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer.

Approval of the Minutes of the July 19, 2007 Regular Town Council Meeting –

Ms. Teibel motioned to approve. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0 and 1 abstention by Mr. Pearson.

Public Hearing

Ordinance #1452, an ordinance for Appropriations and Tax Rates (2008 Budget) Proofs of Publication –
Mr. Austgen stated that for the record the notice of the budget estimate was published in The Times, timely, two times August 6th and August 13th and in the Post Tribune, the same dates.

Opening Remarks – None

Town Council comments – None

Open to the Floor for Public Comment – None

Mr. Jim Bennett of J.M. Bennett & Associates, Financial Consultant for the Town of St. John, stated he was at the County Council budget hearing today and he believes they are making an attempt to hold their budget in line so they will not adopt a local option income tax. If they do that it will freeze levies for all units of government in Lake County for 2008. So the growth factor stuff that the council advertised for, which is the normal growth factor, you may not see which will reduce the amount of revenue available to the unit next year. Because they are in fairly decent financial shape at this point and hopefully the reflection from the AV’s that certified the town are close, he doesn’t think it would impact St. John as bad as it would some other communities. He will keep an eye on it and will report back to them.

Closed to the Floor

Ms. Teibel motioned to consider Ordinance #1452 on first reading only. Seconded by Mr. Pearson. Motion unanimously passed.

New Business

Consider refund of Sewer Capacity Charges – Recapitulation of 2007 –
Mr. Pearson motioned to ratify the listing provided by the Sanitary District at their August 27, 2007 meeting. Seconded by Ms. Teibel. Motion unanimously passed.
Resolution #07-08-23, a resolution providing for the additional appropriation of the General Fund -
Proofs of Publication

Public Comment - none

Mr. Barenie motioned to adopt Resolution #07-08-23. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Austgen interjected that just for the record, and so it goes in the minutes, there are publication of notice of additional appropriations for the item you just approved. Indicating there are publisher’s affidavits of The Times and the Post Tribune indicating publication one time in each of those the 8th and the 9th respectively. So the public hearing was properly advertised and your actions are valid and legal.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff -
Mr. Pharazyn stated that he wanted to remind the council that beginning Monday they will begin installing the emergency weather radio frequency and they should have it up and running within 30 days

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:07 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-20-2007 Town Council

September 20, 2007 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 Fred Frego, Police Chief; Fred Willman, Fire Chief; Bob Pharazyn, Public Works Director; and John Mainwaring, Code Enforcement Officer. Absent was Chip Sobek, Parks & Recreation Superintendent.

Approval of Minutes for the August 16, 2007, Executive Session, August 16, 2007 and August 23, 2007, Regular Town Council meetings –

Mr. Barenie motioned to approve the minutes of the August 16, 2007 Executive Session, the August 16, 2007 Regular session and the August 23, 2007 Regular session. Seconded by Ms. Teibel. Motion passed with a vote of 4 ayes and one abstention by Mr. Pearson.

Old Business –

None

New Business

Ordinance #1452, an ordinance for Appropriations and Tax Rates (2008 Budget) –
Mr. Pearson motioned to adopt Ordinance #1452. Seconded by Mr. Barenie. Motion passed with a vote of 5 - 0.
Ordinance #1455, an ordinance-amending Ordinance #869 pertaining to definition of “Family” as defined in Master Zoning Ordinance –
Mr. Barenie motioned to consider Ordinance #1455 on first reading. Seconded by Mr. Pearson. Motion passed with a vote of 5 - 0. Mr. Austgen stated that only one reading is needed, to adopt and the council has adopted it. One reading is needed only because this is a zoning ordinance text amendment.
Resolution # 07-09-20, a resolution electing the Town’s full-time firefighters and EMT’s to join 1977 Police and Firefighters Pension and Disability Fund –
Ms. Teibel motioned to adopt Resolution #07-09-20. Seconded by Mr. Pearson. Motion passed with a vote of 5 - 0.
Consider Letter of Credit for Renaissance – Unit 4 in the amount of $641,329.38 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to accept the Letter of Credit in the amount of $641,329.38 for Renaissance – Unit 4. Seconded by Mr. Pearson. Motion passed with a vote of 5 - 0.
Consider Letter of Credit for Crossing Creek Subdivision in the amount of $761,227.28 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the Letter of Credit in the amount of $761,227.28 for Crossing Creek Subdivision. Seconded by Ms. Teibel. Motion passed with a vote 5 - 0.
Consider Letter of Credit for Cardinal Cove Subdivision in the amount of $117,002.60 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to accept the Letter of Credit for the Cardinal Cove Subdivision in the amount of $117,002.60. Seconded by Mr. Pearson. Motion passed with a vote 5-0.
Consider Letter of Credit reduction for Saddle Creek – Phase I to the amount of $170,090.80 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the Letter of Credit in the amount of $170,090.80 reduction for Saddle Creek – Phase I. Seconded by Mr. Barenie. Motion passed with a vote 5-0.
Consider Letter of Credit reduction for Silver Leaf – Phase I to the amount of $408,663.20 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to accept the Letter of Credit in the amount of $408,663.20. Seconded by Mr. Pearson. Motion passed with a vote 5 - 0.
Consider Resolution # 07-09-20A, Transfer of Appropriations for various funds –
Mr. Barenie motioned to adopt Resolution # 07-09-20A. Seconded by Mr. Pearson. Motion passed with a vote 5 - 0.
Permission to use Municipal Facilities for November 6, 2007 elections –
Ms. Teibel motioned to give permission for the use of the Town Municipal Facility, the Public Works Facility on Hack Street for election day. Seconded by Mr. Pearson. Motion passed with a vote 5 - 0.
Ordinance #1454, an ordinance amending #1433 for municipal credit card use –
Mr. Austgen stated that this is to follow up the recent exit examination conference with the State Board of Accounts and adds to the ordinance, specifically the use of the cards for training and travel expenses related to that. Mr. Pearson motioned to consider Ordinance #1454 on first reading. Seconded by Ms. Teibel. Motion passed with a vote 5 - 0. Ms. Teibel motioned to adopt Ordinance #1454. Seconded by Mr. Barenie. Motion passed with a vote 5 - 0.

Reports & Correspondence

Town Council
Mr. Fryzel mentioned there was an incident at the Raydiance Tanning Salon on Monday night. He complimented the Police and Fire Departments for all the manpower and hours they used solving that crime. The town also received assistance from the Dyer, Schererville, and Cedar Lake Police Departments as well as the helicopter from the Lake County Sheriff’s office. The Council is very proud of their work as well as the many residents who were listening to scanners and e-mailed and/or contacted the council.
Clerk-Treasurer –
None
Staff
Mr. Kil stated that he met with the railway division of INDOT in Indianapolis. Since that meeting they have contacted both the Norfolk Southern and CSX railways about redoing the crossings in town, specifically, the crossing at Patterson Street and now Bingo Lake. He has been contacted by the Norfolk Southern who indicated that within the next eight months they would repair the crossing at Bingo Lake. He has not heard from CSX with regards to Patterson. However, the two individuals he met with were very helpful and have directed both railroads to repair those crossings.

He added he has been working with Mr. Sobek, park superintendent, and they feel it is time to revise the five-year Master Plan and the Impact Fee Ordinance, which requires each building permit to pay $800, and some change to the town. Mr. Sobek is working with the Park Board on those two items. Both of these items will come due in May of 2008.

Mr. Kil stated that the town received from FEMA reimbursement money for the snowstorm on February 13, 2007. He referenced the memo he received from Mr. Pharazyn regarding a letter of commendation for Joan in his department; she was responsible for 100% of the reimbursement for this project, which resulted in $35,327.67 refunded back to the town.

Mr. Pharazyn stated that the town’s AM radio station is now on the air, it began broadcasting on Wednesday and currently it is broadcasting the NOAH weather radio information that is fed into the Police Department. Within two weeks they will be tying in the emergency siren system so when the sirens are activated it will play onto the radio station automatically. He added the radio could be used for much, more than weather related situations. The call letters are WWYYD on either 1670 or 1620 AM.

He also mentioned that a 40’ tall blue spruce tree is planted next to the Police Department. It was moved there from the property owned by First Financial Bank and wanted to thank Bill Winterhaler and First Financial Bank. The tree will become the town’s holiday tree or Christmas tree. The tree was originally planted by the Schilling family about 60 years ago when they owned that property.

Police Chief Frego stated that the annual open house would be October 7th in the new building with a dedication ceremony at 2 P.M. There will be entertainment and special souvenirs handed out.

Fire Chief Willman stated that the month of August was an extremely busy month. They responded to ninety requests for emergency service of which 60 were for EMS. They received and gave assistance to surrounding communities. On behalf of the entire fire department he thanked all the members of the Council for their support, cooperation and initiative to make it possible for them to provide and maintain an aggressive, proactive program of public safety to the town and the surrounding towns.

Payment of Bills for the Corporation –

Vouchers #8646- #8920 for $1,504,805.30 – Ms. Teibel motioned to accept vouchers #8646 - #8920 in the amount of $1,504,805.30 payment of bills for the Corporation. Seconded by Mr. Pearson. Motion passed with a vote 5 - 0.

Public Comment –

None

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion passed with a vote 5 - 0. Meeting adjourned at 7:18 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

10-18-2007 Town Council

October 18, 2007 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:01 P.M. Boy Scout Troop #561 presented the Flag and led the Pledge of Allegiance. Chief Frego introduced Eagle Scout Brendon Ryan and stated that he received an Eagle Award for filming the entire process of the demolition of the old Fire and Police station and making a DVD.

Presentation by Mr. Eric Graaf regarding “9-11 Ceremony” -

Mr. Eric Graaf, who lives at 77th and Ticonderoga in Schererville stated that each year in September he and his family hosts a September 11th Support the Troops Rally and wanted to publicly thank those in the room who helped with the rally. He showed a slideshow presentation of this year’s event and stated that an estimated 3,000 people attended this year’s event. Over the past few years the Town of St. John has participated in this event. In appreciation for this participation and assistance he presented the Town Council, Chief Frego and Chief Willman each with a photo of the Schererville 9-11 memorial and a DVD of the event. He mentioned Bill Dodaro and his wife and presented them with a commemorative photograph and DVD and also thanked Jeff Fryzel for his role in helping put the event together. Councilman Fryzel accepted the photograph and DVD for his brother Jeff, who was not present. Mr. Graaf stated that this year they told local soldier stories and two of these were of St. John residents: one was Mr. Don Faris, a Vietnam War Hero and the other one was Mr. Lloyd Summerfield, a World War II veteran.

Ms. Teibel motioned to place the photograph presented to the Town Council in the vestibule with a brass plaque. Seconded by Mr. Barenie. Motion unanimously passed.

Approval of Minutes for the September 20, 2007 Regular Town Council meeting –

Ms. Teibel motioned to approve the minutes of the September 20, 2007 regular meeting. Seconded by Mr. Pearson. Motion unanimously passed.

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 Code Enforcement Officer, John Mainwaring. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Park Superintendent.

New Business

Interlocal Cooperative Agreement with Schererville Department of Parks and Recreation –
Ms. Teibel motioned to approve the agreement and to authorize the Town Council President to execute same. Seconded by Mr. Pearson. Motion unanimously passed.
Waterworks District Well Site title issue –
Mr. Austgen stated that this item is not ready; there are some legal descriptions being provided and the last communications he saw, this item will be ready for the November meeting. Mr. Pearson motioned to defer this item to the November meeting. Seconded by Ms. Teibel. Motion unanimously passed.
Letter of Credit reduction for The Gates of St. John – Unit 8 to $285,154.43 (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to approve the reduction letter of credit. Seconded by Mr. Barenie. Motion passed with a vote of 4 ayes and 1 abstention by Ms. Teibel.
Letter of Credit reduction for The Gates of St. John – Units 11A & 12A to $291,014.63 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to approve the reduction letter of credit. Seconded by Mr. Pearson. Motion passed with a vote of 4 ayes and 1 abstention by Ms. Teibel.

Mr. Kil added the Meadows of St. John Letter of Credit in the amount of $64,986.90, a reduction approved by the Plan Commission. Ms. Teibel motioned to include this letter of credit reduction for $64,986.90. Seconded by Mr. Pearson. Motion unanimously passed.

Authorization to approve the emergency repair on Olcott Avenue and Bull Run Ditch - Ms. Teibel motioned to authorize the drainage project and declare same as an emergency. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
Ms. Teibel stated that the Haunted House opened this past weekend and that there will also be the first “Taste of St. John on October 29th and 30th”.
Clerk-Treasurer –
None
Staff –
Chief Willman thanked everyone who made the Open House a success. Mr. Kil mentioned there are a couple of problems in North Pointe. Building permits and occupancy permits have been stopped until some improvements have been completed. He also received word regarding the bike trail. The bid letting was the 17th, the engineers’ estimate on the cost was $1,680,000.00; Ron Harker from Harker Construction was the apparent low bidder of about $1,214,000.00; consistently with INDOT policy, this came in under engineer’s estimate of cost, (all the bids did). He will be notified in about two days of the actual project award by INDOT. They are now in the process of going through the RFP’s for the construction-engineering firm so they can award the actual construction of the project. The bike trail starts from Heartland Park to Olcott Avenue by the new bridge.

Mr. Kil also stated that the only meeting in November would be on the 29th due to the Thanksgiving holiday.

Payment of Bills for the Corporation - #8921 - #9136 – in the amount of $1,252,938.16 –

Ms. Teibel motioned to accept vouchers #8921 - #9136 in the amount of $1,252,938.16 payment of bills 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 7:26 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

11-29-2007 Town Council

November 29, 2007 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 present were: Police Chief Fred Frego; Fire Chief Fred Willman; Public Works Director Bob Pharazyn; Superintendent of Parks and Recreation Chip Sobek and Code Enforcement Officer John Mainwaring.

Presentations:

Indiana Volunteer Firefighters Association - Will be rescheduled for next months’ meeting on December 20th.

Approval of the Minutes for the October 18, 2007 Regular Town Council meeting –

Ms. Teibel motioned to approve the minutes of the October 18, 2007 Regular Town Council meeting as read. Seconded by Mr. Barenie. Motion unanimously passed.

New Business

Ordinance #1456, the 2008 Salary Ordinance –
Mr. Volk asked Mr. Kil what percentage increase they are looking at. Mr. Kil stated that the bulk of the employees would receive 5%, 6% for department heads, and 8% for Mr. Pharazyn and himself. He stated that there was also a change in the clothing allowance for the fire department as there are now full time fire department employees. Ms. Teibel motioned to consider Ordinance #1456 on first reading. Seconded by Mr. Pearson. Motion passed with 3 ayes, 1 nay by Mr. Volk and 1 abstention by Mr. Fryzel.

Mr. Fryzel, Ms. Teibel and Mr. Barenie thanked the employees of the public works department for all the work they did this year. Mr. Pearson thanked the public works, police and fire departments as well.

Ordinance #1457, new Flood Plain Management regulations (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to adopt Ordinance #1457. Seconded by Ms. Teibel. Motion unanimously passed.
Heron Lake Addition – Outlot A-1, quit-claim deed to Town of St. John –
Ms. Teibel motioned to accept the quit-claim deed. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 nay by Mr. Volk.
Consider Letter of Credit for The Gates of St. John – Pod 10C in the amount of $10,830.00 (favorable recommendation by Plan Commission) –
Mr. Barenie motioned to accept the letter of credit in the amount of $10,830.00. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 abstention by Ms. Teibel.
Authorization to advertise for bid for the purchase / lease of a Street Sweeper –
Mr. Pearson motioned to authorize opening the bids for a new street sweeper. Seconded by Mr. Barenie. Motion unanimously passed.
Conditional (Special) Use Variance for Zig-E’s Funland (8176 Wicker Avenue) (favorable recommendation from the Board of Zoning Appeals) –
Presentation by Mr. Andrew Dzieglowicz, Mr. Eric Martinez, Mr. Josef Dzieglowicz, and Mr. Bob Bolinak, Bolinak Engineering, potential owners. They stated that they were applying for a special use variance at 8176 Wicker Avenue to start their own family amusement park there. The primary problem with the land was that there was not an adequate amount of parking and the problem has been resolved. He was advised that 60 additional parking spaces could be added to bring the total to 100. An overview of how the park will be set up was provided. Mr. Fryzel referenced the ordinance regarding brick buildings on Rt. 41. Discussion ensued. Ms. Teibel motioned to approve the conditional, special use variance for Zig-E’s Funland. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel amended the motion to incorporate the findings of fact from the BZA. Seconded by Mr. Barenie. Motion unanimously passed. (Exhibit A)

Consider approval of Grant of Right to connect to municipal utility system.
Petitioner: Redeemer United Lutheran Church – 109th and Calumet Avenue – Ms. Sury and Mr. Pharazyn explained that the church received approval for the Grants of Rights a year ago but never signed the paperwork or paid the fee. The Sanitary/Waterworks District revoked the previous Grants of Rights and approved new ones on November 19, 2007, with a 24-month period for construction to begin. Ms. Teibel motioned to authorize the connection from Redeemer United Lutheran Church to the municipal utility system contingent upon the payment of the appropriate fees, the execution of the agreement, and delivery of the executed agreement and fees in 30 days. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
Mr. Volk inquired on the status of the east side annexation. Mr. Kil stated that he is ready to meet with Mr. Muenich and needs some kind of action by the Town Council. Discussion ensued. Mr. Kil stated that after the meeting with Mr. Muenich next week he would have him prepare a memo to the Council and include a copy of the vicinity map.
Clerk-Treasurer –
Ms. Sury asked permission to close the office on December 31st to the public. Ms. Teibel motioned to allow the clerk to close the office on December 31st for bookkeeping purposes. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Kil asked that Christmas Eve be designated as a holiday as there is very little business that day. He stated that this requires formal action by the Town Council. Mr. Fryzel inquired if this day was designated as a holiday would it become permanent and Mr. Kil responded that if we would do this for this year, we could do an amendment to the personnel policy. Ms. Teibel inquired if New Years’ Eve could also be designated as a holiday. Discussion ensued. Ms. Teibel motioned to declare all day Christmas Eve Day and all day New Years Eve Day as holidays for this year for the town. Seconded by Mr. Pearson. Motion unanimously passed. Mr. Fryzel added that the Police and Fire departments will work those days.

Staff
Mr. Kil stated that the bike trail is progressing forward very well; all the paperwork is in the hands of the state local projects coordinator. Once he receives a letter from the state, the project will be awarded, pre-construction conferences will be scheduled and this project can move forward.

Mr. Pharazyn mentioned they have received a piece of equipment that is required to link the AM radio to the weather alert system. He expects that to be up and running the end of December. He also stated that the sled hill they have been working on would be open for sledding. Mr. Pharazyn stated that they have come up with a temporary solution for the Diary Queen drainage situation and it will be put in place within the next two weeks. Lastly, leaf pick-up was scheduled to end on December 1, because the leaves fell late this year, the leaf pick-up will be extended to Friday, December 7th.

Payment of Bills for the Corporation #APV’s 9137 – 9517 for $1,865,310.95 –

Ms. Teibel motioned to accept vouchers #9137 - #9517 in the amount of $1,865,310.95 as payment of bills for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment

Mr. Bill Keith, 10455 West 93rd Avenue – Stated that he received a certified letter regarding wetland behind his property stating that someone was proposing to change the FEMA flood map. He called the referenced engineering firm and found out that the flood plain was being shifted and part of it would end up on his and his neighbor’s property (on Hart and Joliet Street). He eventually discovered the developer of Crossing Creek initiated this so FEMA would change the flood plain map and subsequently additional lots could be released. Mr. Keith stated that he wrote a letter to the council detailing his efforts to find out why the flood plain ended up on his property (Exhibits B &C). He stated that there is an area that was filled with clay – he cannot locate the permit for that activity. His second concern is that the developer must get his letter of map revision – he found out they are in the public comment phase but he cannot find out who in IDEM to contact. IDEM told him to contact the county surveyor who told him to contact IDEM. Mr. Keith stated that he is coming to the council because he needs help in getting this resolved and is not getting any respect from the developer or the developer’s attorney.

Mr. Kil stated that IDEM gave the permits to fill the land with clay. Mr. Keith added the county told him the developer is using a 2004 TOPO that has not been approved. Mr. Fryzel stated that Mr. Kil would follow up on this matter the next day. Discussion ensued.

Ms. Rita Berg, 10351 Joliet Street – Stated that she would like to address Mr. Pharazyn in regards to her sidewalk. She would like the old section of town to have the sidewalks repaired and have sidewalks put in where there are none. Neighbors are moving because their children have nowhere to play. Mr. Pharazyn stated that he will get updated pricing and see if this can be done this spring. Discussion ensued.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:46 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-20-2007 Town Council

December 20, 2007 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 Police Chief Fred Frego, Public Works Director Bob Pharazyn and Code Enforcement Officer John Mainwaring. Absent were Fire Chief Fred Willman and Parks Superintendent Chip Sobek.

Approval of Minutes for the November 29, 2007 Executive Session and November 29, 2007 Regular Town Council meeting –

Ms. Teibel motioned to approve the minutes of the November 29th Executive Session and the Regular Session. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Sury administered the oath of office to the 2008 Town Council members; Mike Fryzel, Mark Barenie and Jerri Teibel. Followed by Joan Kolodziej swearing in Sherry Sury as Clerk-Treasurer.

New Business

2008 Board and Commission Appointments -
Mr. Pearson motioned to make the 2008 Appointments to the Town Boards and Commissions. (Exhibit A) Seconded by Mr. Barenie. Motion unanimously passed. Mr. Volk asked if the appointment of Jay Dahlin was as a citizen appointment or that of a town employee appointment, Mr. Volk stated that he believed that the board maybe staffed incorrectly. Discussion ensued. Mr. Fryzel responded that this is a citizen appointment as he resides in the Town of St. John.
Ordinance #1456, the 2008 Salary Ordinance (Second Reading) –
Ms. Teibel motioned to adopt Ordinance #1456. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0 and one abstention by Mr. Fryzel.
Consideration of “Local Match” for the Bicycle/Pedestrian Trail Project –
Mr. Kil stated that he spoke with Mr. Canzian the LPA manager for federal projects, submitted all the financial data the Town has paid over the years towards the bike trail (engineering, land acquisition, etc.) and they will accept only 80% of what the Town has ever paid. The Town needs to pay INDOT another $54,005.82 that will fulfil the 20% local match required for the project. He also has sample engineering agreements going down with Butler Fairman and Seufert who will be the construction manager for the project. There is a pre-construction conference set, which he and Mr. Pharazyn will attend. The project is going to go to construction phase on January 17th. The second low bid is Gariup Construction (the lowest bid was disqualified by INDOT). Mr. Barenie motioned to authorize payment of the 20% local match in the amount of $54,005.82 to the Indiana Department of Transportation. Seconded by Ms.Teibel. Motion unanimously passed.
Ordinance #1462, an ordinance authorizing the issuance of Waterworks Revenue Bonds and Bond Anticipation Notes –
Mr. Kil stated that this comes as a recommendation from the Utility District. A water treatment facility and well site must be constructed in the Gates subdivision, which will be the second one for the Town. The Utility District wishes to upgrade the facility to the maximum pumping capability of the new well, which is about 2,000 gallons/minute. This will cover engineering fees, the Town’s portion to upgrade of the treatment facility and the well site with all the associated pumping equipment, controllers, etc. The District feels this will more than cover the Town’s portion. Mr. Carter, the financial advisor, is currently looking into the system development fees; perhaps they can be adjusted upward. He is doing a study that won’t be prepared until mid-January; however, he is confident the existing system development fees can be used to retire bans. And, if not, he believes our current rate structure is sufficient to pay any debt that may incur. The long and short of it is he does not expect a rate increase to be necessary.

Mr. Volk asked what the developer’s contribution would be. Mr. Pharazyn responded that for the water treatment plant, the entire amount and for the well, not quite 100% probably 85%. The developers cap on the water tower itself is $1.3 million. The fire station is $400,000, which will be in the planning process this winter with construction to begin the end of the year. Mr. Volk asked if the developer has started making payments on the water tower. Mr. Pharazyn referenced the agreement whereby the utility board would spend their cash on hand first, the Water Board has been tracking the expenses very closely and it is about the time for the developer to start writing checks.

Ms. Teibel motioned to consider Ordinance #1462 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1462. Seconded by Mr. Barenie. Motion unanimously passed.

Consider contractual agreement with J.D.M. Consulting –
Mr. Pearson motioned to approve the agreement and authorize the Town Council President to sign the document. Seconded by Mr. Barenie. Motion unanimously passed. Mr. Fryzel added that the agreement stays the same as last year, there is no increase in cost.
Consider Letter of Credit for The Gates of St. John – Pod 1C in the amount of $72,055.84 -
Mr. Barenie motioned to accept the Letter of Credit in the amount of $72,055.84. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0 and one abstention by Ms. Teibel.
Consider Letter of Credit reduction for Crossing Creek development to the amount of $251,193.86 -
Mr. Pearson motioned to approve the Letter of Credit reduction in the amount of $251,193.86. Seconded by Ms. Teibel. Motion passed with a vote of 4 ayes and 1 nay by Mr. Volk.
Consider Letter of Credit reduction for Cardinal Cove development to the amount of $67,412.40 -
Ms. Teibel motioned to approve the Letter of Credit reduction in the amount of $67,412.40. Seconded by Mr. Barenie. Motion unanimously passed.
Water Works District Well Site – consider acceptance of the recommendation from the Board of Water Works –
Mr. Kil explained that some years ago there was a scrivener’s error when the Waterworks District acquired the site for the well. The error was discovered with all the work being done for the Shrine and the prayer trail. This motion is to correct the scrivener’s error and transfer the property correctly between the Marian Wayside Shrine and the Town of St. John. Mr. Austgen added that the process included a public hearing conducted by the Water District. Whereby, at the conclusion you were the recipient of a recommendation to enter into this. The legal documents have been reviewed, there is a conveyance instrument, they proofed it and it’s ready for your consideration.

Mr. Pharazyn asked if the easement has been changed. Mr. Austgen stated that he spoke with Mr. Muenich on Monday and he corrected or cleaned up that item.

Ms. Teibel motioned to accept the recommendation of the Waterworks Board and authorize the execution of same. Seconded by Mr. Pearson. Motion unanimously passed.

Consider Grant of Right to connect to the municipal utilities, and waiver of right to remonstrate against annexation (Petitioner: Sophia Panagakis) (Favorable recommendation from Utility Board) –
Mr. Volk motioned to deny this until the parcel is annexed into the Town so they can control the development there. No second. Motion dies for lack of second.

Mr. Kil referenced the correspondence he received from Mr. Faberbock. Mr. Faberbock looked into the capacity of the lift station and as it sits right now the lift station is using only 12% of its’ capacity, the proposed subdivision will utilize an additional 18%. Mr. Faberbock concluded there is plenty of capacity there. He also spoke with Royce Pumps and even if the lift station had to be upgraded the cost would be about $12,000. The developer has agreed to pay the $12,000 upgrade to the lift station that pumps. This is basically the only issue that exists. Mr. Kil clarified that the development will all be single family. Mr. Volk mentioned that he was not aware of the single-family plan, he just received the package and his concern is that the developer will be going before the County Plan Commission and not the Town Plan Commission. Discussion ensued.

Ms. Teibel motioned to approve the connection to the municipal utilities and the waiver of right to remonstrate against annexation. Seconded by Mr. Pearson. Motion passed with a vote of 4 ayes and 1 nay by Mr. Volk.

Resolution # 07-12-20, a resolution authorizing a loan from the Sanitary District –
Mr. Austgen explained that a short-term temporary loan was made from the Utility funds, which had a term expiring December 31st this year. Statutorily the term of the loan must be extended pending repayment. The Financial Advisor and Bond Council all concurred that the proper procedure for doing so is the form of resolution you have that extends the time for repayment four years.

Mr. Volk asked if there is a $1.3 balance, Mr. Kil stated that the Sanitary District was reimbursed $300,000 the outstanding balance is $1.2 million right now. Ms. Sury added the Sanitary District has a copy of the receipt and once this is passed and is sent downstate the Sanitary District will have a copy of this also. Discussion ensued regarding the projected repayments. Mr. Kil stated that the payments have not been planned yet; what this resolution does is extends the time plan the payments will be made. Mr. Carter is planning how the payments will be made and how much the payments will be. Mr. Austgen added that it was clear to the Financial Advisor that given the tax distribution circumstances that we face right now he could not give a report with any degree of accuracy or certainty to this council. He could not even provide a time period based on that lack of certainty of the tax distribution payment. Mr. Austgen added some possible repayment options, which are dependent upon, when we know the receipt of monies.

Ms. Teibel motioned to adopt Resolution # 07-12-20. Seconded by Mr. Pearson. Motion unanimously passed.

Consider award of Pay Loader and authorization the lease/purchase of same –
Mr. Kil advised the Council that this cost will be shared with the Utility District. The first payment for the Town (proper) will be in 2009 and then again in 2011, the District will make the 2008 and the 2010 payments. Mr. Pearson motioned to award the bid to Patten Industries in the amount of $108,875 and pay the document fees in the amount of $298.00. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Resolution #07-12-20A, Transfer of Appropriations for various funds –
Ms. Sury stated that this resolution is to move funds so the bills can be paid. Ms. Teibel motioned to adopt Resolution #07-12-20A. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk Treasurer –
None
Staff
Mr. Kil asked that a Letter of Credit be added to the agenda. Ms. Teibel motioned to accept the Letter of Credit for the Peninsula subdivision in the amount of $542,555.20. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Ms. Peggy Stamper, an attorney representing the Crown Point Christian School in the Gates of St. John, stated that the school is in the process of building an addition to the school, a gymnasium. They are requesting a waiver of the building permit fees of $11,500.00. Mr. Fryzel stated that they would like to look at this further and they would address this request at the meeting that will be held later this month. Ms. Teibel motioned to defer to the meeting on December 27th. Seconded by Mr. Pearson. Motion unanimously passed.

Adjournment –

Mr. Pearson 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

12-20-2007 Town Council Exhibit A.pdf
12-27-2007 Town Council

December 27, 2007 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; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; Tim Kuiper for Attorney David Austgen; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego, Fire Chief Fred Willman, Public Works Director Bob Pharazyn, Park Superintendent Chip Sobek and Code Enforcement Officer John Mainwaring. Absent was Jerri Teibel, Town Council Member.

New Business

Resolution # 07-12-27, a resolution authorizing an extension of temporary loans of funds –
Mr. Pearson motioned to adopt Resolution # 07-12-27. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Crown Point Christian High School (Vanco Construction) request for waiver of building permit fees (asking to waive fees of $11,500) -
Mr. Barenie motioned to waive half of the building permit fees in the amount of $5,750.00 for the construction of the Crown Point Christian School gymnasium. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Resolution # 07-12-27A, a resolution to encumber funds to be expended in 2008 –
Mr. Pearson motioned to adopt Resolution # 07-12-27A. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Fryzel stated that he received a donation of $5,000.00 from Jennifer and Ken Drenth, St. John residents, for the construction of the Splash Park in Prairie West Park. The funds will be placed in the Town Council budget (general fund) to be appropriated to the Splash Park. Mr. Fryzel thanked the Drenth’s for their donation.

Mr. Pearson stated that this is his last Town Council meeting. He is grateful to have served the people of St. John and it was a wonderful experience working with the Police Department, Fire Department and the Public Works folks. He said “thank you” for the ability to have served for the last four years.

Mr. Fryzel thanked Mr. Pearson for the last four years, and stated that he was supposed to have a plaque for him, however, it did not arrive today. He asked Mr. Pearson to attend the next meeting to receive his plaque.

Clerk-Treasurer –
None
Staff
Mr. Kil gave a summary report of Tim Foley’s inspections for the month of December. There were 123 inspections in regard to building and plumbing, 53 electrical inspections and 6 new plan reviews. He stated that we are on course to reach about 300 residential permits, referenced the detail shop under construction, the commercial development at Route #231 and #41, the proposed financial institutions and other related establishments The estimated construction cost was $62,785,741.96 with $2,277,434.90 collected in permit fees.

Mr. Pharazyn stated that the pay loader has been ordered. The specifications for the street sweeper have been drawn up and he hopes to be able to have the Council award the purchase at the January 24th meeting. The training for the radio system and the emergency weather system will be June 10th due to scheduling problems. The department is in the process of picking up branches due to the last storm and he also mentioned the Splash Park construction that will begin in January, He provided an overview of the park facility with the anticipated opening to be May 15th; June 1st complete.

Parks Superintendent Sobek summarized a good year for the Parks Department and referenced the status of five-year master plan that should be completed within the next couple of weeks.

Chief Frego summarized the November Summary Report, Exhibit A.

Chief Willman summarized the November Summary Report for the Fire Department, Exhibit B.

Mr. Mainwaring summarized the code enforcement activity for 2007 that included 47 warning tickets, 532 citations, 47 signs were removed from Wicker Avenue and the building on US #41 was cleaned up.

Payment of Bills for the Corporation –

APV’s #9518 - #9689 $1,447,250.42 - Mr. Pearson motioned to approve docket numbers #9518 - #9689 in the amount of $1,447.250.42. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Public Comment –

None

Swearing in ceremony of the Reserve Officers -

Ms. Sury administered the oath to the following Reserve Officers: Toni Lozano, Keith Totzke, Jose Mendez, Ashley Camp and Michael Bunnell.

Adjournment -

Mr. Fryzel adjourned the meeting at 7:25 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

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