Mr. Rudy asked for a legal overview of the statutory tests and the procedure that should be conducted for this hearing. Mr. Wickland stated that of the 10 entities, 8 did not file proper forms by due date and were determined to be not in compliance. They were given notice to attend this meeting. Since the notice has been sent all but one has filed the appropriate documents as required by law. The documents do not necessarily have anything to do with compliance.
Mr. Wickland read the Statute and discussed substantial compliance. He also gave the definitions of substantial compliance as stated in Black’s Law Dictionary and Contract Treatus, both legal reference books. He also gave the State of Indiana's definition of substantial performance (see tape recording for details). He has reviewed the documents for all the entities and suggests the Council look at 3 areas to determine substantial compliance:
1. Was the building constructed as represented, what is the value;
2. How many employees are retained and future hiring; and
3. Salary of those employees.
The Council members then gave an overall review of the completed forms. Ms. Aldridge stated she has reviewed all the documents and found them in compliance. Mr. Forbes has problems with Rassel & Associates; all others are substantially compliant. Ms. Aldridge also has problems with Rassel & Associates; and feels the same way. Mr. Volk reviewed all the documents, Rassel & Associates is a concern. His main question is why no one has filed up to this point. Mr. Rudy has reviewed all the documents. He stated that depending on how they are counted the list shows ten, when there are actually 14 individual parcels. He has questions on almost all forms: filing dates, completion of the form, accuracy of data, there are number of cases where the forms are blank in areas that are required to be filled out. He made additional comments (reference tape recording) about compliance determination and the public hearing process. Mr. Wickland notified only those entities that did not file their forms; he was not aware the other entities were going to be reviewed at this meeting. There was discussion as to whether SJCT and Auburn Supply has filed.
With the exception of Rassel & Associates all the petitioners have substantially complied. Mr. Wieser explained problems with the Auditor's office when trying to file forms. Ms. Aldridge agrees that all entities have reasonably complied. Mr. Volk asked why 2002, 2001 and 2000 are all the same. Mr. Rudy disagrees with the statement that filing of the form is not necessary to determine compliance; he disagrees with the statement that the filing of the form is so ministerial that it has no effect. He expressed concern of how property value was determined and that the total number of workers is accurate. Ms Aldridge asked for a motion that S. B. Properties made a reasonable effort to comply. Mr. Forbes made the motion; seconded by Mr. Volk. A roll call vote was taken: Mr. Forbes, aye; Mr. Rudy, aye; Mr. Volk, aye, Ms. Aldridge, aye. Motioned carried.
Mr. Forbes motioned to adjourn seconded by Mr. Rudy. Motion carried. The meeting adjourned at 8:30.
Attest:
---------------------------------------------
SHERRY SURY, Secretary Pro-Tem
Mr. Rudy motioned, seconded by Mr. Winterhaler that Mr. Rudy, Mr. Tim Foley and Mr. Forbes be appointed to the Plan Commission for one year to positions designated for Town Officials. Motion carried.
Mr. Rudy motioned that Mr. Clarence Monix be appointed to the Board of Zoning Appeals for a four-year term, terminating December 31, 2006 subject to verification that his political affiliation conforms to the statutory requirement, if any is required. Mr. Winterhaler seconded. Motion carried.
Ms. Aldridge motioned that Mr. Patrick Philbin be appointed to the Park Board as the Republican Representative providing Mr. Philbin state his political affiliation. Motion seconded by Mr. Rudy. Motion carried.
Ms. Aldridge motioned, seconded by Mr. Winterhaler that Ms. Kathy Willman be appointed to the Planning Advisory Committee. Three ayes; Ms. Aldridge, Mr. Winterhaler, Mr. Forbes and two nays; Mr. Rudy and Mr. Volk. Motion carried.
Mr. Rudy motioned, seconded by Mr. Volk that Mr. Muenich be re-appointed to a three-year term on the Planning and Development Advisory Committee. Three ayes; Mr. Rudy, Mr. Volk, Mr. Winterhaler and two nays; Ms. Aldridge and Mr. Forbes. Motion carried.
Mr. Rudy motioned, seconded by Mr. Volk that Ms. Jerri Anne Teibel be appointed to a three-year term on the Police Commission ending December 31, 2005. Motion carried.
Mr. Rudy motioned, seconded by Ms. Aldridge, that Mr. William McCall be appointed to the Sanitary District for the unexpired portion of Mr. Clark’s commission, which expires on December 31, 2004. Motion carried.
Ms. Aldridge motioned that Mr. Michael Ippolito be appointed to the Sanitary District. Motion failed due to lack of a second. Mr. Rudy motioned, seconded by Mr. Volk, that Mr. Alex Monanteras be reappointed to a four-year term on the Sanitary District, which would end on December 31, 2006. Four ayes, and one nay by Ms. Aldridge. Motion carried.
Ms. Aldridge motioned, seconded by Mr. Rudy, that Mr. William McCall complete the remainder of Mr. Clark’s term on the Waterworks District. Motion carried.
Mr. Rudy motioned, seconded by Mr. Volk, that Mr. Alex Monanteras be re-appointed to a four-year term on the Waterworks District. Two ayes; Mr. Rudy, Mr. Volk and three nays; Mr. Forbes, Ms. Aldridge and Mr. Winterhaler. Motion failed. Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Mr. Michael Ippolito be appointed to the Waterworks District. Motion carried.
Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Mr. David Wickland be appointed Town Attorney for a one-year term. Three ayes; Mr. Forbes, Ms. Aldridge, Mr. Winterhaler and two nays; Mr. Rudy and Mr. Volk. Motion carried. Mr. Rudy motioned, seconded by Mr. Volk that the Town Council request competitive proposals from qualified legal firms to perform the legal services for the Town for the year 2003, with the exception of those boards and commissions that have an independent statutory authority to name their own attorney. Two ayes; Mr. Rudy, Mr. Volk and three nays; Mr. Forbes, Ms. Aldridge and Mr. Winterhaler.. Motion failed.
Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Mr. James Wieser be appointed Police Commission attorney. Three ayes and two nays; Mr. Rudy and Mr. Volk. Motion carried.
Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Mr. James Wieser be appointed as Utility Board attorney. Four ayes and one nay by Mr. Rudy. Motion carried.
Mr. Rudy motioned, seconded by Mr. Volk, that the Town Council seek competitive proposals from qualified engineering firms to provide engineering services to the Town of St. John. Two ayes; Mr. Rudy, Mr. Volk and three nays; Mr. Forbes, Ms. Aldridge, Mr. Winterhaler. Ms. Aldridge motioned, seconded by Mr. Winterhaler, that Haas Engineering be retained as the Town Engineer. Three ayes and two nays; Mr. Rudy, Mr. Volk. Motion carried.
Mr. Rudy motioned, seconded by Mr. Winterhaler, that Mr. William Dodaro be appointed to the unexpired portion of Mr. Haller’s term on the Park Board, which expires on December 31, 2003 if Mr. Dodaro will accept such appointment. Motion carried.
Mr. Rudy motioned, seconded by Mr. Winterhaler, that Ms. Aldridge be appointed to represent the Town Council for the Quad Town Safety Village. Motion carried.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Sury mentioned that at the Park Board Meeting held February 25th, a donation of $250 each was approved for two teams and asked what line item the donations should be charged to. Past donations have been $250.00 for each team. Discussion ensued as to the procedure from previous years including the donation by the Town Council last year. Ms. Sury will check to ascertain how the donations were made previously and if the Park Board cannot do this, the matter will be brought back to the Town Council.
Police Chief Guzik conducted a meeting Monday, February 24th, with the residents of Ventura Estates regarding off street parking. Recommendation to change parking times from 6:30 A.M. to 8:30 A.M and to issue parking permits for residents. Chief Guzik will write letter to Mr. Kil detailing proposed changes.
Tom Busch, 10178 Walsh, questioned his appointments on two boards, the Plan Commission and BZA. Would be willing to give up his appointment on the BZA and asked for direction. Mr. Kill will check this out.
Steve Hastings, 8740 Patterson, thanked the police for increased traffic control and mentioned the snowplows seemed to take a long time to get out and have damaged mailboxes, etc.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Aldridge – Park Board wants to know who pays electric bill. Mr. Rudy suggested the cost be split 50/50 Park Board / Town Council in 2003.
Mr. Forbes – expenditure request for Mr. Foley to attend Building Inspector Training, a two-day class held at the Munster Town Hall; tied in with SGA. to pay $150.00. Mr. Rudy motioned, seconded by Ms. Aldridge to approve the $150.00 training expense for Mr. Foley.
Mr. Forbes also mentioned the flyer circulating in St. John from the St. John Chamber of Commerce. They are looking for St. John families of the military (son, daughter, husband or wife) who are presently in the military. The St. John Chamber of Commerce will be honoring these families at a special Blue Star Service Dinner.
Mr. Forbes also stated that the Waterworks District Board has been approached to place antenna on top of our water towers; who should negotiate contract? Conclusion: both the Waterworks District Board and the Town Council should approve contract and split revenue; the Waterworks District Board should take the lead on negotiating the contracts.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Rudy motioned, seconded by Ms. Aldridge, that the Town of St. John hereby appoints Mr. James Funk of the Town’s Fire Department EMS organization as the Town’s Privacy Officer with respect to the Health Insurance Portability and Accountability Act. Motion unanimously carried.
Mr. Rudy - referenced legal notice published yesterday regarding annexation by the Town of Schererville whereas the legal description mentioned the Town of St. John. Mr. Wickland will clarify information.
Ms. Aldridge - stated that she has been receiving calls regarding the landscaping business and 120 day completion.
Mr. Volk - received call from resident that lives on Valley Drive in a Townhouse. He is concerned that the decorative walls are leaning.
Ms. Sury would like approval for payment of $23.60 to Bank One for a credit charge by the Police Department to avoid late charges. The document was not received in time to process for the meeting. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve the payment of $23.60 to Bank One to avoid late charges. Motion unanimously carried.
Mr. Kil brought the newsletter for review. Mr. Rudy went over some corrections that needed to be made for accuracy of information. Mr. Kil suggested a separate heading for Town Council news.
Mr. Hero, 11723 S. Oakridge, suggested that since newsletter is being sent out so close to the date of the election, the Council members should remove their names.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Aldridge - stated there was a problem on Election Night that there was campaign literature distributed in envelopes that was thrown on yards of residents. She would like to address this in the littering ordinance. This will discussed at the next study session.
Mr. Rudy - would like an inventory of all cell phones with serial numbers distributed to town employees. Cost of cell phones is increasing dramatically; cost is 40% higher than amount approved last May. Mr. Kil has started a spreadsheet that identifies what has caused the increase in cost.
Mr. Volk – SD/WD approved 60 sewer taps for the Olthof Development outside the town boundaries. Developer used agreement letter at County level; the County Plan Commission has denied the zoning request. The developer still needs to go before the County Council. He questions why the approval was not presented to the Town Council first. Mr. Rudy asked if this was a request to reserving taps or a right to connect. The longstanding practice is both boards must approve. He believes they should press for annexation first so the Town gets the full benefit. Mr. Volk stated the property is not contiguous to the Town and not able to be annexed. Mr. Rudy will draft a letter to SD/WD to ask that requests for sewer and water that are outside the town must go before the Town Council so they can consider annexation.
Mr. Volk - stated the Animal Shelter is in dire need of volunteers. He would like the Council to send a letter to community organizations and churches to find volunteers.
Ms. Aldridge - stated the VFW recognized Steve Kil as the “Man of the Year” last night.
Joe Hero, 11723 S. Oakridge Drive – recommends the Town Council should pass a resolution right now to rescind the sewer taps for Olthof Development.
Tom Busch, 10178 Walsh – asked when the budget process begins and if the department heads present their budgets at the public hearing.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
*Commendation Letters to:
Sergeant Frank M. Chapranda, 25 years dedicated service
Officer Eric J. Andersen, D.A.R.E. & LCHS Liaison
Officer Steve Rudzinski, Traffic Safety & D.U.I. Taskforce
**Recognition of Upcoming Retirement on July 3, 2003:
Hermon Monix, dedicated public service since February 12, 1979
Mr. Forbes – Request from Mr. Pharazyn to promote Bob Davis from Class II to Foreman. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to approve the promotion for the Public Works Employee Bob Davis to General Foreman for the Public Works Department; and to have Mr. Wickland amend the salary ordinance accordingly. Promotion effective the next pay period. Motion unanimously passed.
Mr. Forbes would like to attend IACT Convention as well as Mr. Kil and Mr. Pharazyn. Ms. Aldridge would also like to attend as liaison to the IACT. Discussion ensued.
Mr. Forbes would like to schedule special meeting prior to next study session to open bids for the road project. Ms. Aldridge motioned, seconded by Mr. Winterhaler, to schedule a special meeting on July 15th at 7 p.m. Motion unanimously passed.
Ms. Aldridge – would like to discuss title changes for Clerk-Treasurer employees and a drive up drop box for water bills at the next study session.
Mr. Winterhaler – asked if water bills could be by automatic debit. Ms. Sury stated this would not result in time saved by the Clerk-Treasurer’s staff as the same steps to process payments must be taken. It would be difficult to implement at this time due to computer system constraints.
Ms. Aldridge stated the baseball field is almost complete. She would like to have a ribbon cutting ceremony. Discussion followed; tournament is going on now, baseball season is almost over.
Mr. Volk – asked for status on the letter to SD WD regarding joint meeting. Mr. Wickland spoke with Mr. Wieser who said a letter is forth coming.
Mr. Forbes – there is a need for no parking signs at the baseball field.
Ms. Aldridge – would like lights at baseball field left on until all the cars have left the park.
Jerry Furman, 12006 Hedwig – needs concession stand, batter’s box and scorer’s box for boys’ baseball at Heartland Park for participation in state tournaments.
Patty Byars, 9111 Cline Av.- regarding letter rescinding Olthof development.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Sury stated that four bid packages were picked up and three have been returned.
Mr. Reed read the bid amounts. The bids were submitted with an amount for each street.
| Contractor | Ravenwood Drive | Columbia Drive & 93rd Ave | Snowberry Lane |
| Rieth Riley | $41,380.85 | $10,061.88 | $77,767.27 |
| Walsh & Kelly | $49,346.00 | $18,175.67 | $67,297.80 |
| Gallagher Asphalt | $54,195.00 | $15,586.86 | $128,147.07 |
All contractors have a 5% bid bond with no dollar amount.
Mr. Rudy motioned, seconded by Mr. Winterhaler, to take the bids under advisement. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
*Recognition of Eagle Scout – Kenneth Thomas Banaszak
Mr. Banaszak was unable to attend; Mr. Forbes read the letter of recognition.
**Loyalty Day Parade Presentation by VFW Post #717
Mr. Gene Kijanowski, District Commander; parade received First Place in the State of Indiana. He presented plaque to Mr. Forbes.
Mr. Rudy asked that in the future, they follow the long standing practice of the Council, that if an ordinance is to be offered for consideration at a public meeting, that the ordinance number and name be actually listed on the agenda which was not done with Ordinance #1303 last month. It was just handed out at the meeting and the public was not aware that this Council was considering rescinding the ordinance by the agenda that was published. He also asked that they in good faith always list the agenda item rather than bringing it up as a surprise.
Mr. Rudy motioned, seconded by Mr. Winterhaler, to adopt Ordinance #1298 on second reading with amendment just read in prior motion. Four ayes and one nay by Ms. Aldridge. Motion to adopt carries.
Mr. Rudy – Plan Commission has asked to meet in a joint study session with Town Council regarding the Comprehensive Plan. He will send a letter to Plan Commission members to see if they can attend the joint August 19th study session.
Mr. Rudy – Regarding the proposal from Kencorp some months ago for a smaller suit they were involved in; Mr. Rudy motioned, seconded by Ms. Aldridge, that the Council formally decline Kencorps’ proposal to acquire any FF&E assets the Town has at the Ice Arena as evidenced in their letters of February and March of this year. Motion unanimously passed.
Mr. Rudy – Suggested the Council move forward to request bids for the Town owned assets at the Ice Arena. Mr. Forbes concerned that contract with new owner includes right of first refusal to purchase items. Does the last motion conflict with that? Mr. Wickland will check. Mr. Rudy motioned, seconded by Mr. Winterhaler, that the Council authorize the publication of the legal notice requesting bids for the Town owned assets at the Ice Arena so long as such publication does not conflict with court approved settlement agreement. Mr. Rudy amended the motion to include that the bids are for the entire block of the inventory list. Motion unanimously passed.
Ms. Aldridge – Announced that the Park Board will have Movie Night in September and stated why she wanted to have the Highland Concert Band perform in St. John. Also, would like to have a way to tell why the alarm system in town is ringing; car accident, tornado, etc.
Mr. Forbes mentioned he would like to hold a special meeting before the August study session to award the 2003 street resurfacing contract.
Mr. Rudy motioned, seconded by Mr. Volk, to hold a special meeting prior to the August 19th study session at 7 P.M. for the following two purposes: 1) to award the 2003 street resurfacing contract; and 2) to consider approval of the contract with the St. John Township Trustee for fire service. Motion unanimously passed.
Mr. Kil – Flooding on Rt. 41, he believes this was caused exclusively by the construction project on Rt. 41. He would like Council’s authorization to proceed with reimbursement from INDOT. Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Town Manager to collect and submit a detailed claim to the appropriate State of Indiana agencies for reimbursement to the Town for it’s extraordinary costs related to flood control on U.S. 41 and other parts of the Town. Motion unanimously passed.
Ron DeRosa, 9601 Oakridge – asked if the Town Council voted against another movie night? Mr. Rudy stated it was not voted on, it was discussed in a study session. Mr. DeRosa is concerned the Park Board is over budget, the Council gives them more money, yet they are paying for a Movie Night. Ms. Aldridge responded to his concerns.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
The following Town Council members were present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge; William Winterhaler; and Gregory Volk. Also present were Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Plan Commission members present: Tom Busch; Dennis Wilson; Tim Foley and Charles Sawyer. Michael Ryan was absent. Mr. Forbes and Mr. Rudy serve on both the Town Council and Plan Commission.
Discussion of Comprehensive Plan – Consider employing the firm of Edwards & Kelcey, Inc.
Mr. Rudy excused himself from discussion as a Town Council member and spoke as the President of the Plan Commission.
Mr. Rudy gave a brief introduction of the Plan Commission’s perspective – The Planning and Development Advisory Committee approached the Town Council and the Plan Commission in how they might go about re-writing the Town’s Comprehensive Plan including a Thoroughfare plan. The Planning and Development Advisory Committee made a recommendation to the Plan Commission that Edwards and Kelcey be hired. The intent of this study session is to determine what body of work should be done, the time frame to do it and the anticipated costs. The plan will include town limits and may comment on potential annexation activity, which would help determine future zoning and planning. The work by Edwards and Kelcey would take about seven months; with 2-3 months occurring in 2003.
Discussion of availability of tax draw money; how this plan would affect the zoning ordinance; and the timing of the zoning ordinance update. Questions arose regarding the legal requirement of the Comprehensive Plan; and extensive comments on multi-family homes and PUD’s. Discussion of how the plan gathers data and citizen input.
Mr. Forbes stated this item would be on the agenda at the next Town Council meeting.
The study session adjourned at 8:18 P. M.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Rudy motioned, seconded by Mr. Winterhaler, to award the 2003 Street Resurfacing Project to Rieth Riley Construction in the amount not to exceed $129,171.40 as stated in their bid and according to the recommendation letter from Haas & Associates dated July 29, 2003. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Forbes opened the hearing for public comment:
Mr. Joe Hero, 11723 South Oakridge Drive – remonstrated against the way the cumulative sewer fund is not equally collected. He stated that the monies paid by residents in town limits are used to subsidize the areas out of town receiving the utilities.
Mr. Thomas Busch, 10178 Walsh Street - asked what the percentage difference is from year to year. Mr. James Bennett of J. M. Bennett & Associates, the town’s financial advisor, stated the levies are approximately 5% higher than they were last year, which correlates to the available money in the budget. In some cases it’s not even 5%; it depends on tax collections. Estimates are based on an 18-month period from July 1, 2003 through December 31, 2004. The Town tries to hold to the 5% per levy/budget. Mr. Busch asked what the actual dollar amount difference was from last year. Mr. Bennett responded and advised that he will calculate those numbers and provide a breakdown to be forwarded to Mr. Busch the following week. Hearing no other comments from the floor, the public hearing was closed.
Council Comment – Mr. Rudy directed his comment to Mr. Bennett and stated that this budget is like all prior budget years and is a reasonable budget to conduct the affairs of the town but it is still subject to State approval which they will not get until January. Mr. Bennett stated this is a bad year for approvals due to the re-assessment; the town is given a maximum levy and they have worked well within that. There will be a hearing in December with the Tax Commissioners to discuss miscellaneous revenues and will give a preliminary approval for the budget. The budget reflects a good cash position for the town; the budget is tight but prudent in that it stays within the levies.
Ordinance #1306 – 2004 Corporation Budget – First Reading – Mr. Forbes read Ordinance #1306, in its entirety, into the record. Hearing no further comments from the floor, the public hearing was closed. Mr. Rudy motioned, seconded by Mr. Winterhaler, to approve on first reading only, Ordinance #1306, and ordinance on Appropriations and Tax Rates for the Budget Year 2004. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Forbes would like to amend the agenda to add item Q: Consideration of Ordinance #1311. This ordinance repeals Ordinance #945, establishing regulations for the use of the town dumpster. Mr. Rudy motioned, seconded by Ms. Aldridge, that by unanimous consent, item Q, Ordinance #1311 an ordinance repealing Ordinance #945 having to do with the use of the town dumpster, is added to the agenda. Motion unanimously passed.
Mr. Forbes advised the Council that under reports, he would present a request to send a recommendation to the County Council regarding the extension of sewer and water for the Olthof Development.
Mr. Joe Hero, 11723 S. Oakridge Dr. - commented that the Fiscal Plan has too many flaws for the vote to pass the resolution; it has not been verified and signed by an individual with credentials to do so. He asked what does the copyright mean; had sanitary and drainage concerns; and stated that there are too many loopholes in the plan. Mr. Wieser stated verification by a consultant is not required by statute. Roll call vote: Mr. Rudy: nay; Ms. Aldridge: aye, Mr. Winterhaler: aye; Mr. Volk: nay; Mr. Forbes: aye. Motion carried 3 to 2.
Public Hearing
Annexation petition for Lake Hills Golf Course (V3 Realty) – Mr. Wickland stated the Proofs of Publication are in order. Mr. Wieser gave opening remarks and requested second reading be held at special meeting on the 16th.
Public Comment - Mr. Forbes opened the floor for public comment.
Mr. Joe Hero, 11723 S Oakridge - remonstrated against the project because the resolution that was passed is illegal; corrected Fiscal Plan would not be available for an open meeting.
Mr. Jeff Fryzel, 9915 Hunters Run – stated that the Fiscal Plan was poorly put together; he questioned the tax rates, and believed the plan should have an expert sign off on the numbers so contained in the plan.
Hearing no other comments from the public, Mr. Forbes closed the public hearing.
Town Council Comment -
Mr. Rudy asked if the Sanitary and Water Districts could accommodate the development with the existing systems in place. Mr. Mark Gianopulos from Metrostudy stated that the new interceptor line does not need to be installed; they have worked with the Sanitary and Waterworks Boards.
Mr. Volk asked if the proposal to donate land for use as a park included the banquet hall. Mr. Gianopulos stated that they have asked the Park Board if they wanted to handle the banquet hall.
No other comments from the Town Council.
First reading of Ordinance #1307, annexing certain property to the Town of St. John - Mr. Rudy asked if it would be appropriate to have the final version of the Fiscal Plan before the first reading of the ordinance. Discussion followed. Mr. Rudy motioned, seconded by Ms. Aldridge, to table the consideration of the first reading of Ordinance #1307 to a special meeting to be conducted on September 16th following adoption of the completed Fiscal Plan. Motion unanimously passed.
Mr. Rudy would like a report at the next study session of the procedures and amounts charged to Public Works for labor and material rather than the Park Board.
1. He has done research and is prepared to file a suit for an injunction against, town resident, Mr. Carey. The lack of up-keep of his property being a public nuisance and conducting a business in a home. Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Town Attorney to file suit against Mr. Carey on the basis of the Town’s Nuisance Ordinance for the problems evidenced in the Sun Meadows subdivision. Motion unanimously passed.
2. He has sent 20 letters to recipients of the ambulance service who have failed to pay, the time has expired and he has received only three telephone calls. He can file the suits in small claims court to keep the costs down. Mr. Winterhaler motioned, seconded by Mr. Rudy, to authorize the Town Attorney to file suit for the unpaid ambulance bills. Motion unanimously passed.
3. Sale of FF&E items - recommended appraiser can do a negotiated sale, fee is 20-25% of gross sale. Mr. Wickland will arrange for the appraiser to make a presentation at the study session.
4. Annexations will have to be done separately. Ordinance for annexation will be prepared to include the individuals who have signed the Waiver of Right to Remonstrate Against Annexation. He will try to have ordinances ready at the next study session. The remaining properties (Rybarski, Tiburon) will be addressed later.
Mr. Kil
Resident Madeline Lee has not responded to correspondence sent to her directing the clean up of her property. He would like to send a final letter advising her that the Town Attorney will take legal action if she does not comply. Mr. Winterhaler motioned, seconded by Mr. Rudy, to authorize Mr. Wickland to send a letter to Madeline Lee. Motion unanimously passed.
Business from the Floor –
William Dravesky, 9038 Howard – asked if there is a moped ordinance. Mr. Kil stated the Chief of Police is aware and working on an ordinance.
Stephen Hastings, 8740 Patterson – water leak has been repaired, would like the ditch repaired to how it was before the water leak. Mr. Kil will discuss with Mr. Pharazyn.
Bill McCall, 7426 Park Lane - Waterworks Board member – commented on Wireless and Smart Governance Alliance
Joe Hero, 11723 S. Oakridge – was at meeting where NIPSCO was cited as the cause of the broken water line on Patterson Street; NIPSCO should pay the repair bill for the ditch.
Bill McCall (board member of Sanitary/Waterworks) stated that the board has addressed this matter and mentioned proposed remedies for closure.
Stephen Hastings mentioned the lack of communication in getting the water leak fixed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. William Winterhaler was absent.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.
Mr. Volk motioned, seconded by Ms. Aldridge, to reject the proposal from Edwards & Kelcey, Inc. and redirect the Plan Commission and Advisory Committee to regroup and resubmit for bids/RFP’s/Proposals to at least three different consulting firms. Mr. Volk amended motion to reject all proposals received at that time. Ms. Aldridge seconded amended motion. Roll call vote: Mr. Rudy, no; Ms. Aldridge, yes; Mr. Winterhaler, yes; Mr. Volk, yes; Mr. Forbes, no. Motion carried 3 to 2.
Ms. Aldridge motioned to table Ordinance #1313, an ordinance regulating the ethical behavior of Town Officials until further discussion, motion seconded by Mr. Volk. Three ayes - Mr. Forbes, Ms. Aldridge, Mr. Volk; nay – Mr. Rudy, abstain - Mr. Winterhaler. Motion carried.
Mr. Rudy motioned, seconded by Ms. Aldridge, to authorize the Town Attorney to send memoranda and/or attend meetings of both the Lake County Plan Commission and as appropriate, the Lake County Council to represent the St. John Town Council’s interest in annexing the Rybarski Farm as a part of the Town of St. John and to deny them use of water and sewer absent annexation. Motion unanimously passed.
Mr. Forbes presented list of F.F. & E. items from the Ice Arena for the Police Department. Mr. Rudy motioned, seconded by Mr. Winterhaler and Ms. Aldridge, to transfer the equipment listed in the September 22, 2003 letter from the Police Chief from the Ice Arena to the Police Department’s use. Motion unanimously passed.
Mr. Forbes stated that the BZA unanimously approved a special use permit regarding a church on the Weston Ridge property. Mr. Rudy motioned, seconded by Ms. Aldridge, that the Town Council concur with the BZA to allow the construction of a church on the residential property commonly known as the Weston Ridge area. Motion unanimously passed.
Mr. Kil suggested the meeting calendar be changed due to overlapping dates and holidays. The study sessions will be on October 14th, November 11th and December 16th; the regular meetings will be November 20th and December 30th.
Mr. Forbes will not attend the IACT Conference; the itinerary indicates the Conference is for professional staff.
Business from the Floor
Mr. Ruben Pitman, 9021 Columbia Avenue - commented on the direction of the Master Plan and the funding for the Park Department employees.
Ms. Joan Mills, 9062 Howard - commented on Public Works hours, funding of labor and the budget.
Mr. Joseph Hero, 11723 S. Oakridge – asked if all of the Ice Arena litigation cases have been settled. Mr. Wickland stated there are two claims open.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.
Mr. Winterhaler motioned for a unanimous consent to amend the agenda for Item D to read Consider Ordinance #1317, annexation petition and zoning commitment of Rybarski property. Mr. Rudy seconded. Motion unanimously passed.
Mr. Rudy motioned to adopt Ordinance #1315, being an ordinance regulating the placement of political signs in the Town of St. John with the amendment that Article 2J include the number 24 for 24 hours of notice to bring the sign into compliance. Ms. Aldridge seconded. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, yes; Mr. Winterhaler, yes; Mr. Volk, no; Mr. Forbes, yes. Motion carried 4 ayes, 1 nay.
Mr. Rudy motioned to set the limits of debate, under Robert’s Rules of Order, to a maximum of 15 minutes on the clock with no more than two minutes per person who speaks. Motion failed due to a lack of a second.
Ms. Aldridge motioned, under Robert’s Rules of Order, to allow two minutes per person to speak on this issue, no maximum time. Mr. Winterhaler seconded. Motion carried – 3 ayes and 2 nays by Mr. Rudy and Mr. Forbes.
Public Hearing
Susan Breymeyer, 9531 Dover Lane – presented a petition containing 151 names to stop the trend of R-2 development. Ms. Breymeyer is concerned about the overcrowding of schools, traffic congestion, and that the lot sizes may indicate multiplexes.
Joe Hero, 11723 S. Oakridge Drive – stated that he supports R-1 zoning and asks that the Council listen to the residents, and consider the impact on the property values. He asked the Council to deny the zoning request.
Craig Lebryk, 9125 Columbia – stated that the community is based on large R-1 lots and remonstrated against the Ordinance. He asked the Council to vote against this Ordinance.
Bill McCabe, represents the developer and has testified as an expert witness – presented comparisons with the Edgewood development and the square footage of like developments in town.
Jerry Furman, 12006 Hedwig Drive – directed his comment to Mr. McCabe that the voices of 150 petitioners need to be considered.
Joe Hero asked if any Council member received a campaign contribution from the developer to abstain from voting.
Public Hearing closed
Mr. Rudy motioned to adopt Ordinance #1316, being an ordinance amending Ordinance #841, the rezoning of the Renaissance Subdivision with the amendment that references Ordinance #845 in the body of the said ordinance be changed to Ordinance #841. That the developer fully executes and notarize the zoning commitment that we incorporate by reference to the various exhibits referenced in the Ordinance and Zoning Commitment and include within the findings of fact adopted by the Plan Commission. Seconded by Mr. Winterhaler. Roll call vote: Mr. Rudy, yes; Ms. Aldridge, no; Mr. Winterhaler, yes; Mr. Volk, no; Mr. Forbes, yes. Motion carried - three ayes and two nays.
Mr. Rudy motioned to hold a special meeting on November 11, 2003. Motion seconded by Mr. Winterhaler. Motion unanimously passed.
The Sanitary and Waterworks District would like to have a joint study session on November 10th or November 11th. Mr. Rudy will advise them they can meet on November 11th at 7 p.m.
On November 26th, there will be a public hearing to annex Christopher and Jacobsen as R-1.
Ms. Aldridge motioned to approve the disciplinary manner discussed in the Executive Session. Seconded by Mr. Winterhaler. Motion carried; three ayes and two nays by Mr. Rudy and Mr. Forbes.
Mr. Rudy motioned to approve and authorize the Town Attorney to pursue the litigation matters discussed in the Executive Session this evening. Mr. Volk seconded. Motion unanimously passed.
Business from the Floor
Jim Peddycard, 7604 92nd Lane, Tiburon Subdivision – asked if they are sure Tiburon would be annexed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Steve Kil was absent.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Roll call was taken with the following members present: Jerome Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Mr. Michael Forbes was absent.
Mr. Rudy asked that two items on the agenda be amended: Item 5A, add the following language to description: annexing property known as Rybarski Farm and Tram Development. And change Item 6C: to label “consider Ordinance #1320, annexing property known as Lake Hills Golf Course (first reading)” as C1; and follow with a C2 that says: “Consider adoption of Fiscal Plan for property known as Lake Hills Golf Course.” There was unanimous consent for the changes proposed by Mr. Rudy for Items 5A and 6C.
Public Hearing – Ordinance #1317 – Annexing property known as Rybarski Farm and Tram Development – Mr. Wickland stated the proof of publication of a Public Hearing is on file as required by law. Mr. Rudy gave a background of the property’s annexation activity. This will be handled as an involuntary annexation.
Public Hearing
Susan Breymeyer, 9531 Dover Lane – stated that the developer took the plan to the County and they will vote on R-2 zoning on December 9th. There is concern that the property will be annexed in as county R-2, which are smaller lots. She has a petition with 130 names supporting R-1 zoning.
Mr. Winterhaler motioned to set aside and decline further readings of Ordinance #1317 as read on October 23rd. Ms. Aldridge seconded. Motion unanimously passed.
Mr. Winterhaler motioned to add an agenda item for the Special Meeting scheduled for November 26th that will include the adoption of a fiscal plan under an involuntary annexation of the Rybarski Farm and the first reading of the Ordinance to annex that same property. Ms. Aldridge seconded. Motion unanimously passed.
Mr. Winterhaler motioned to authorize the Attorney to make the proper legal notifications for the Public Hearing for the Lake Hills annexation such dates to be on or about January 29th, 2004. Seconded by Ms. Aldridge. Motion unanimously passed.
Ms. Aldridge motioned to authorize the Town Attorney to make the proper legal notices and establish the Public Hearing date for the annexation of 8167 Wicker Avenue to on or about January 29th, 2004. Seconded by Mr. Winterhaler. Motion unanimously passed.
Ms. Aldridge motioned to adopt Ordinance #1321, an amendment to the Personnel Policy Ordinance. Mr. Winterhaler seconded. Motion unanimously passed.
Mr. Volk motioned to run a box type ad in the local section of the Sunday Times and Post Tribune in the month of November advertising for candidates for Boards and Commissions. Seconded by Mr. Winterhaler. Motion unanimously passed.
Mr. Winterhaler motioned to approve the contract with the Lake Hills Fire Department and authorize the Town Council President to sign it. Ms. Aldridge seconded. Motion unanimously passed.
Mr. Winterhaler motioned that the offer to purchase the ambulance from Merrillville have a drop dead date (i.e., both parties agree) of December 1, 2003. Seconded by Ms. Aldridge. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Roll call was taken with the following members present: Michael Forbes, President; Jerome Rudy, Vice-President; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer. Kristie Aldridge was absent.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Roll call was taken with the following members present: Michael Forbes, President; Jerry Rudy, Vice-President; Kristie Aldridge, Member; William Winterhaler, Member; Gregory Volk, Member; Steve Kil, Town Manager; David Wickland, Town Attorney; and Sherry Sury, Clerk-Treasurer.
Mr. Rudy motioned to adopt Ordinance #1325, an Ordinance modifying the Subdivision Control Ordinance as to Curb & Gutter Standards on second reading. Motion seconded by Mr. Winterhaler. Motion unanimously passed.
Mr. Rudy motioned to adopt on second reading Ordinance #1327, an Ordinance establishing a Capital Asset Policy for the Town of St. John. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Mr. Rudy motioned to approve with unanimous consent the first reading of Ordinance #1329, an Ordinance establishing a deferred compensation program for the employees of the Town of St. John. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Mr. Rudy motioned to approve and adopt Ordinance #1329, on second reading, an Ordinance establishing a deferred compensation program for the employees of the Town of St. John. Motion seconded by Mr. Winterhaler. Motion unanimously passed.
Mr. Rudy referenced a letter he received today that the attorney from Barnes and Thornburg sent to the Lake County Council indicating that the Town hereby requests a particular person be the County Council’s appointee to St. John’s Economic Development Commission. It is his understanding that the Town Council was not going to make new appointments to take effect next year that they would be left for the Town Council that takes effect January 1st. He believes the letter should be withdrawn. Mr. Rudy motioned that the Town Council communicate through their legal counsel, to the Lake County Council indicating the Town Council will supply a name for the EDC at the Town Council’s earliest convenience in January. Motion seconded by Mr. Winterhaler. Motion carried with 4 ayes and one nay by Ms. Aldridge.
Mr. Volk mentioned the Novo Selo subdivision on the Northeast side of town and the problems with flooding. Mr. Kil stated the developer has said corrective action will be taken, as money is available. The developer will not give a firm answer. Mr. Rudy stated the Plan Commission has taken action through Public Works.
Ms. Sury asked for approval to pay two bills for services at the end of the year. Mr. Rudy motioned to approve for payment and issue the check based upon the invoice presented from Mr. Wickland for legal services dated December 30, 2003. Motion seconded by Ms. Aldridge. Motion unanimously passed.
Mr. Rudy motioned to approve for payment the invoice dated December 24, 2003 from Baker and Daniels in the amount of $2,330.00 but that we withhold the processing of the check until we receive to our satisfaction a detailed invoice that identifies the hours for each task in each day. Motion seconded by Mr. Winterhaler. Motion unanimously passed.
Business from the Floor
Mrs. Mary Ellen Rassel, 9112 Tapper asked about the evidence regarding her husband’s dismissal from the Police Commission. She questioned the information Mr. Rudy received and referenced his quote in today’s newspaper. She also referenced the Ethics Ordinance and notification of the complaint and the hearing. They were not notified; nor have they seen the evidence. Mr. Rudy stated no one stated that the Ethics Ordinance was violated nor did the event occur when the Ethics Ordinance was in place. The word “ethics” that was mentioned was in the broad term. Ms. Aldridge stated that he signed a roster that clearly states “police officer”.
Mr. Gary Rassel, 9112 Tapper stated that the car wash is for police and city vehicles. He was not aware it was limited to just those vehicles and he believed it was a courtesy extended to town officials.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
