Town of St. John

St. John Indiana - Founded 1837
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November 2, 2016 Plan Commission Minutes

Michael Forbes, PresidentStephen Kil, Town Manager
Gregory Volk, Vice-PresidentKenn Kraus, Town Engineer
Steve Kozel, Secretary 
John Kennedy 
Jon Gill 
Jason Williams 
Bob Birlson 

Mr. Michael Forbes called to order the St. John Plan Commission Regular Meeting on November 2, 2016 at 7:00 p.m., and asked all to rise for the Pledge of Allegiance (recited and all took their seats).

Roll call was taken by Michelle Haluska, recording secretary. Commissioners present: Michael Forbes, Steve Kozel, Jason Williams, Bob Birlson, John Kennedy, Jason Williams and John Gill. Staff present: Kenn Kraus, David Austgen. Town Manager Steve Kil was absent.

Mr. Forbes entertained a motion for approval of minutes submitted for March 2, 2016; April 6, 2016 and October 5, 2016 for Regular Session and the August 17, 2016 Plan Commission Study Session. With no additions or corrections, Mr. Kozel made a motion to accept the minutes as submitted, seconded by Mr. Birlson. Motion carried 6 ayes – 1 abstention.

A. GATES OF ST. JOHN – UNIT 4A – Final Plat Approval (Mr. John Lotton)

Mr. Tony Strickland of V3 Companies, here on behalf of Mr. John Lotton, introduced himself to the planners and advised that they are seeking Final Plat Approval for Pod 4A.

Mr. Forbes read the report from Kenn Kraus (Town Engineer) saying that he has reviewed the site of twenty-one (21) single family cottage lots and associated facilities, and find them satisfactory. A Developmental Fee of $6,222.72 is owed, based on 2% of the construction costs of the public improvements. At the time of this review all the public improvements have been installed with the exception of: curbs, asphalt paving, streetlights and lawn restoration. Since as-built drawings have not been submitted an Irrevocable Letter of Credit in the amount of $110,625.25 must be submitted to the Town; or, the public improvements completed prior to the signing of the plats.

Mr. Kenn Kraus (Town Engineer) advised that he spoke to Mr. Lotton this afternoon, and he prefers to have the signatures withheld, as he will be completing the improvements shortly.

Mr. Williams asked about a detailed drawing they were wishing to see how 106th would interface with Cline Avenue, and asked if that drawing sent along or provided for this meeting. Mr. Williams asked if they have the ability to widen Cline to the North from this subdivision, and he has had conversations with Mr. Kil, but he does not believe he has a clear answer, on widening this north to 101st. Mr. Kozel advised that there is an easement on The Gates side that was provided. Mr. Williams was asking if there is enough easement to install shoulders or make Cine Avenue a four-lane road.

Mr. Birlson interjected that there is property north, not belonging to the Gates that would not allow this. Mr. Kraus advised that you can only do the parcel adjacent to The Gates property and that they have given a fifty foot (50’) right-of-way easement. Discussion ensued about obtaining easement property on the East side of Cline Avenue, which is unincorporated. Mr. Kraus reminded that the entire development received Preliminary Plat approval in 2005, shortly afterwards being annexed by the Town.

Mr. Forbes noted that to his recollection that there is an easement extended all along the portion which is The Gates development, along Cline Avenue with the exception of the Barman property and a second house towards Joliet Street (101st), because that does not belong to this development.

Mr. Williams stated that he wanted to make the point that Cline Avenue, as it stands today, he does not believe it is safe enough to handle that additional residential traffic, not necessarily with this project, but with all the projects that will follow. Discussion ensued as to the bulk of traffic during peak times using Route 231, and although Cline Avenue will need to be improved, at this time it is not a matter before them.

Mr. Birlson asked if the Preliminary Plat approved in 2006, is there a statute of limitations on development. Mr. Kraus advised that as long as they keep having progress and continue to build, the preliminary plat approval continues; and that only if there is substantial lull or stop in construction, such as a year or two, then the preliminary plat approval would lapse.

Mr. Kennedy asked if there was a decel lane coming Southbound on Cline Avenue onto West 105th Avenue. Mr. Kraus stated he believes it is a taper, he would have to check but he does not think it is a full decel lane. Mr. Kraus advised that with Mr. Lotton giving fifty feet (50’) easement to the right-of-way, along with the existing 30’, that there is eighty feet (80’) of right-of-way; therefore, if and when the East side develops there will be the width they are discussing, but not until then.

Mr. Williams made a motion to defer the matter due to traffic issues and a general discussion ensued amongst the planners.

Mr. Austgen interjected that legally, Preliminary (Primary) Plat, once approved, makes the secondary plat, a given. The matter before the Plan Commission this evening is a ministerial matter and that there is plenty of case law on this one.

Mr. Austgen asked the Chairman (Mr. Forbes) about the engineers that are looking into the Road Impact Fee, legislation, details and science for you and the Town Council to consider in the near future; aren’t both Cline and Parrish the subject of the rebuild, preliminary engineering assessment in process. Mr. Forbes noted that Parrish at 101st, not Cline, would be looked at as part of that study, and depending how much money is available, how much we get through the grant, may this could be something else that will be included.

With no further questions Mr. Forbes entertained a motion from the board. Mr. Kozel made a motion to approve the Final Plat for Gates of St. John Unit 4A, and withholding signatures on the mylars until all the public improvements are installed and inspected, and that the Developmental Fee of $6,222.72 be paid, and further referencing the Findings of Fact. Motion seconded by Mr. Volk. Motion carried 7 ayes – 0 nays.

B. GATES OF ST. JOHN – Unit 13 A – Final Plat Approval (Mr. Tony Strickland)

Mr. Strickland again of V3 Companies advised that he is representing Mr. Lotton on this matter.

Mr. Forbes read the report submitted by Kenn Kraus (Town Engineer) which stated that he has reviewed this project which includes 21 single family residential lots and associated facilities. Mr. Kraus noted that they have reviewed the lots and find them satisfactory. The Developmental Fee for this project is $6,621.69, which is based upon 2% construction costs of the public improvements. Mr. Forbes was presented with the check, which was placed in the development folder, so the developmental fee is paid.

Mr. Forbes continued with Mr. Kraus’s letter of review, noting that pending improvement are: curbs, asphalt paving, streetlights, and lawn restoration. As-built drawings have not been submitted and an Irrevocable Letter of Credit in the amount of $82,904.80; or public improvements must be completed prior to the signing of the final plat. As with the last final plat request, the developer is requesting that we withhold the signatures until the improvements are installed and inspected.

With no further questions from the planners, Mr. Forbes entertained a motion for Final Plat approval for the Gates of St. John – Unit 13A. Mr. Kozel made a motion to approve Final Plat approval, referencing the Findings of Fact into the motion, and withholding the signing of the mylars until improvements are completed. Motion seconded by Mr. Volk. Motion carried 7 ayes – 0 nays.

C. LAKE CENTRAL – Final Plat Approval for Salt and Maintenance Facility (Mr. Bill Ledyard)

Mr. Forbes stated that the planners have been asked to defer the Lake Central matter this evening for unknown reasons, however, they have asked to defer. Mr. Forbes entertained a motion to defer.

Mr. Williams made a motion to defer this matter. Motion seconded by Mr. Kennedy. Motion carried 7 ayes – 0 nays.

Mr. Austgen addressed Mr. Forbes that he is in possession of a letter that will be provided to the recording secretary, from the attorneys for Lake Central. Although it does not specify the reason tonight for the deferral, it does address a condition that will be coming back to the Plan Commission, as there was a condition of the approval given from the Board of Zoning Appeals on the various variances and the like that address the frontage road drive; the twenty foot (20’) parcel that was to connect parallel along US 41, the parcels to the South of the proposed parcel for which the improvements are to be made.

Mr. Forbes asked if it is necessary for them to be asked back to the Plan Commission Study Session and potentially incorporate that in. Mr. Austgen advised yes, and that there may be a bit of misunderstanding that needs to be bridged. I anticipate a meeting occurring here; however, Mr. Kil is gone, Mr. Muenich is gone, and they were not available in the short time that I have been dialoguing with Lake Central. Just to let you know that it is a substantive item relating to that specific element that is discussed by and between both you and the Board of Zoning Appeals. Mr. Williams stated he thought it was about the frontage road that gives access to that southernmost property is the issue. Mr. Austgen clarified that it may be more than that Mr. Williams, it may be whether or not it needs to be built, on top of it and it needs to be worked through, and they have acknowledged that. Mr. Williams thanked Mr. Austgen for the clarification.

D. ROSE GARDEN – Permission to Advertise for Public Hearing (Mr. Doug Rettig)

Mr. Doug Rettig of Land Technologies introduced himself to the board. He advised that he is representing Sublime Development for Rose Garden – Phase 2, and they are requesting permission to advertise for a Public Hearing.

Mr. Rettig advised that they want to advertise for a public hearing for a one (1) lot subdivision, and were here before you at a study session. It will be one lot, well over one acre for the purpose of building one large single family home. This is at the very South end of what we call Rose Garden, and we will be extending the street, along the property line, which technically should have been installed when Willow Ridge subdivision was built, so it will be done as part of this project.

With your permission we will be back in a month or so for the Public Hearing. Mr. Williams asked about the 16,000 s.f. over the R-1 designation? Mr. Forbes advised correct, however Mr. Rettig noted that the property is actually zoned R-2, so it is well over the square footage needed.

Mr. Gill made a motion to grant permission to advertise for a public hearing. Motion seconded by Mr. Williams. Motion carried 7 ayes – 0 nays.

E. KILKENNY ESTATES – UNIT 4 – Block 1 – Certificate of Amendment / Change of Addresses for Lots 12, 14 and 15 (Mr. Andy James)

Mr. Forbes advised the next item on the agenda was Kilkenny Estates Unit 4 – Block 1, a Certificate of Amendment for address correction for Lots 12, 14 and 15. Mr. Forbes asked if this was a number change for an actual change in the name of the street.

Mr. James advised that he has discussed this with Mr. Kil and sent information to Mr. Kraus. Mr. James submitted copies of this documentation to the planners. It is a clerical matter in which it was named Columbia Street and the name is correct as Columbia Avenue. Then there is James Lane, that was also a clerical – bookkeeping matter.

The amended addresses would be:
Lot 12: 12661 James Lane and 8339 Declan Court
Lot 14: 13630 James Lane and 8311 Columbia Avenue
Lot 15: 8324 Declan Court

Mr. Forbes then entertained a motion for a recommendation to the Town Council to accept the Certificate of Amendment. Mr. Kennedy made a motion to accept the certificate of amendment for forward the same to the Town Council for action. Motion seconded by Mr. Volk. Motion carried 7 ayes – 0 nays.

F. MILL CREEK – Phase 1 – Request for Release of the Subdivision Bond No. 1121735 (Petitioner: Olthof Homes)

Mr. Forbes advised the next item is Mill Creek – Phase 1, request to release the Subdivision Bond No. 1121735 (in lieu of a Letter of Credit) from Olthof Homes.

Mr. Forbes read a letter from Haas & Associates (Mr. Kenn Kraus) concerning the release of the Subdivision Bond in the amount of $560,410.50 which is held by the Town as surety, against installation of the public improvement of Mill Creek – Phase 1. Public Works and the Building and Planning Department have reported that all the public improvements have been satisfactorily constructed, and there are no outstanding issues that they are aware. With this assurance, we recommend that Subdivision Bond No. 1121735 be released.

Hearing no questions from the board, Mr. Forbes entertained a motion to recommend to the Town Council the release of the Surety Bond.

Mr. Forbes asked if anyone had a public comment to please step forward to the podium and please state your name and address for the record. With no public comment from the floor, Mr. Forbes entertained a motion for adjournment. Mr. Williams made the motion to adjourn, seconded by Mr. Kennedy Motion carried 7 ayes – 0 nays.

(The meeting was adjourned at 7:39 p.m.)

Respectfully Submitted:

Michelle L. Haluska, Recording Secretary
St. John Plan Commission