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March 28, 2013 Town Council Minutes

Michael Forbes, PresidentAttorney David Austgen
Larry Bustamante, Vice-PresidentSherry Sury, Clerk-Treasurer
Gregory VolkSteve Kil, Town Manager
Mark Barenie 
Ken Gembala 

CALL TO ORDER:
Mr. Forbes called to order the regular meeting of the Town Council for March 28, 2013, at 7:08 p.m. (The Pledge of Allegiance was said.)

ROLL CALL:
Ms. Sherry Sury, Clerk-Treasurer, took roll call with the following members present: Michael Forbes, Larry Bustamante, Mark Barenie, Gregory Volk and Ken Gembala. Attorney David Austgen was present. Staff members present: Steve Kil. Chief Frego was present. Chief Fred Willman was absent. Chip Sobek was absent. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES:
January 10, 2013, Executive Session
January 24, 2013, Executive Session
February 28, 2013, Executive Session
February 28, 2013, Regular Session

Mr. Forbes stated first item on the agenda was approval for the minutes for the January 10, 2013, Executive Session, January 24, 2013 Executive Session and the February 28, 2013, Regular Session. Mr. Forbes noted he was absent from the January 24, 2013, Executive Session. He asked if the members had any amendments, deletions or comments on the aforementioned minutes. The Council had no comments on the minutes.

Mr. Forbes stated he would entertain a motion to approve the Executive Session meeting minutes from January 24, 2013. "So moved," by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0/1). Mr. Forbes abstained from the vote.

Mr. Kil asked Mr. Forbes to add the February 28, 2013, Executive Session minutes to the agenda for action as they were inadvertently omitted. Attorney Austgen recommended that a motion be taken to add the February 28, 2013, Executive Session minutes to the agenda.

Mr. Forbes stated he would entertain a motion to add the February 28, 2013, Executive Session minutes to the agenda. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion, if there were no amendments, for the January 10, 2013, Executive Session; February 28, 2013, Regular Session; and the February 28, 2013, Executive Session. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously passed by voice vote (5/0).

PUBLIC HEARING:
A. ORDINANCE NO. 1570, AN ORDINANCE AUTHORIZING THE VACATION OF PUBLIC RIGHT-OF-WAY FOR MCDONALDS/EENIGENBURG PROPOSED DEVELOPMENT

Mr. Forbes stated that a Public Hearing was being held for Ordinance Number 1570, an ordinance which authorizes the vacation of a public right-of-way for the McDonalds/Eenigenburg proposed development. Mr. Forbes asked Attorney Austgen if the Proofs of Publication for the Public Hearing were in order. Attorney Austgen stated that timely publication of Notice of Public Hearing on Vacation of Public Way was made in The Times and Post Tribune newspapers published in both on February 28, 2013, well in advance of the required time. Attorney Austgen stated that the public hearing could be properly conducted.

Mr. Kil updated the Council on the vacation of the public right-of-way. He stated that this vacation would remove the platted right-of-way that lies directly adjacent to US Route 41 in favor of platting a road to the east for an extension of Earl Drive. Mr. Kil stated that Earl Drive is the frontage road that runs in front of Stracks and Target. He stated that the right-of-way vacation would allow for the extension of Earl Drive to the northern most property line behind the McDonalds and Eenigenburg development.

Mr. Kil stated that Attorney Patrick Lyp, legal counsel for the development, also wanted to address the Council. Attorney Lyp appeared before the Council and stated that the purpose of the public hearing was to ask the Council's permission to vacate portions of frontage road along 97th Place and on US Route 41.

Attorney Lyp stated he would explain to the Council what stage the development is currently at. He explained that the McDonalds/Eenigenburg development has been before the Plan Commission on several occasions. He stated on March 20, 2013, the Plan Commission granted preliminary plat approval for the McDonalds development as well as site plan approval.

Attorney Lyp stated that on March 25, 2013, Petitioner, McDonalds, appeared before the Board of Zoning Appeals seeking variances on a building line and signage. He stated that the variances sought by McDonalds were granted by the Board of Zoning Appeals. He stated that additional information was needed for the JDE, LLC portion and JDE, LLC will again appear before the Board of Zoning Appeals at its April meeting.

Attorney Lyp informed the Board that some conditions have been placed on the request for vacation of the public right-of-way. He stated, first and foremost, although the frontage road is being vacated it is an absolute requirement that Earl Drive be placed (extended) in the rear of both the McDonalds property as well as the on the JDE, LLC property. He stated that the project will not move forward until a written commitment is submitted to Attorney Austgen, acceptable to him that the commitments will be honored.

Attorney Lyp stated, obviously, final plat approval will be needed on the development. He stated that the vacation of right-of-way would be conditioned upon the final plat approval, that the utility relocations would be addressed at final plat, a written commitment would be provided to the Town, final plat approval to be granted for the entire subdivision at which time utility relocates will be finalized and the required fees will be paid to the Town upon final plat approval.

Attorney Austgen asked Attorney Lyp to confirm, for the record, the Petitioner and property owner's understanding that no occupancy of any new structure will occur or be permitted pending completion of the Earl Drive frontage road which will be located on the east side of both of the proposed structures on two lots of the subdivision. Attorney Lyp acknowledged and agreed with this statement.

Attorney Lyp stated in the conditions that were provided to the Council, he presented an alternative in the sense that if, for practical reasons, the road would not be completed Petitioner would then post a bond or a letter of credit that would stand in that position. He asked if a bond or a letter of credit would be acceptable or not.

Attorney Austgen responded "probably not." Attorney Lyp stated that he would commit to the Town that the road will be completed prior to the issuance of an occupancy permit. Attorney Austgen asked President Michael Forbes if this would be acceptable. Mr. Forbes stated that this would be acceptable.

Mr. Forbes asked if signatures and recordation would be withheld from the public right-of-way vacations. Attorney Austgen stated that in the event the Council considers on two readings tonight to adopt Public Way Vacation Ordinance Number 1570, it would be his recommendation to withhold signatures and recordation.

Attorney Austgen stated that the McDonalds and JDE, LLC, property owner have progressed through the process but there are still things left to do. Attorney Austgen noted that McDonalds has nearly completed the process, and JDE, LLC is catching up with site plan and variance applications which should be completed by April. Attorney Austgen advised the Board to withhold signature(s) pending the final land use approvals.

Mr. Forbes asked the Council if they had any further questions. The councilmen had no questions or comments. Mr. Forbes stated he would open the floor to the public for any comment regarding the vacation of the public right-of-way for the two parcels. Mr. Forbes called again for public comment. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Town Council.

Mr. Forbes stated he would entertain a motion to consider Ordinance Number 1570 on first reading; he asked if there was a motion to consider Ordinance Number 1570 on first reading. "So moved," by Mr. Volk. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1570 contingent upon withholding signatures on the public way vacation mylars or signing of Ordinance 1570 until such time as all business was settled. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion.

Attorney Austgen noted that there were two documents and that the motion should include withholding the signing of Ordinance Number 1570 and the public way vacation mylars. Mr. Forbes asked Mr. Bustamante if he would accept this amendment to his motion. Mr. Bustmante reaffirmed the amended motion. Mr. Volk seconded the amended motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:
A. BID AWARD FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT

Mr. Forbes stated that there was a bid award for the 2013 CDBG project, which would be the installation of a trail in Prairie West Park. He stated that the bids were opened at the last meeting and reviewed by Town staff and the Town's attorney.

Mr. Forbes stated that Walsh & Kelly is the lowest , most responsible bidder. He asked the Council if they had any questions on the project. Mr. Volk asked if the proposed trail was going to follow the same path as the mulch. Mr. Forbes stated that the trail will generally follow the mulch path, and there will also be a leg on the path that will lead to West Oak Ridge.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to award the bid to Walsh & Kelly in the amount of $95,887. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. CONSIDER AUTHORIZATION TO BEGIN LAND ACQUISITION FOR THE CONSTRUCTION OF A PARK IN BRAMBLEWOOD SUBDIVISION

Mr. Forbes stated that the next item for the Council's review is to consider authorization to begin land acquisition for the construction of a park in Bramblewood Subdivision. He stated that the Council would consider authorizing Town Manager, Mr. Kil, to seek appraisals for the parcel as discussed at the last meeting.

Mr. Forbes asked the Council if they wished to discuss this matter. Mr. Volk asked how many appraisals had to be obtained. Mr. Forbes stated that three appraisals would be obtained.

(General discussion ensued.)

Mr. Gembala confirmed that, at this point, the Council was just approving obtaining appraisals. Mr. Forbes concurred.

Mr. Forbes stated he would entertain a motion to authorize obtaining appraisals to commence the land acquisition for the construction of a park in Bramblewood subdivision. "So moved," by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:
A. ATTORNEY:
Attorney Austgen had nothing to report.

B. TOWN COUNCIL:
Mr. Barenie had nothing to report.

Mr. Bustmante had nothing to report.

Mr. Volk had nothing report.

Mr. Gembala had nothing to report.

C. STAFF:
Mr. Kil had nothing additional to report.

Chief Frego had nothing to report.

D. CLERK-TREASURER:
Ms. Sury had nothing to report.

PAYMENT OF BILLS:
Mr. Forbes announced the next item for the Council to consider was payment of the bills for the Corporation. He stated that general APVs Nos. 7366 through 7530 in the amount of $1,002,339.27. He asked if there were any questions on the bills.

Mr. Forbes, hearing no questions on the bills, stated he would entertain a motion to approve payment of the bills. Mr. Barenie made a motion to approve payment carried by voice vote.

PUBLIC COMMENT:
Mr. Forbes called for public comment. He directed the audience members if they had any business before the Council to step up to the podium and state their name and address for the record.

Thaddeus Buckowinski, 9540 Genevieve Drive
Mr. Buckowinski stated he lives in Bramblewood subdivision. He stated he was trying to figure out why they need a park on a corner, prime piece of property in Bramblewood. He stated he viewed St. John's website and he found no ordinance stating that they must have a park in their subdivision. He stated he is trying to figure out why this is being done and for what purpose.

Mr. Bustamante stated that the west side of Town has very few parks. He stated a survey was sent out to all of the residents in Bramblewood. He stated 149 survey letters were sent out. He stated out of the 149 survey letters sent out, 114 were "yes" responses and 35 response were "no."

Mr. Buckowinski stated that this is the first he heard of that survey. Mr. Bustamante stated the proposed park is for the benefit of the subdivision. Mr. Buckowinski stated that they will be taking a prime location where a house could be built. He stated his question is why the whole subdivision and not just the people immediately affected by the proposed park.

Mr. Bustamante stated it (survey) is usually done with the whole subdivision. Mr. Buckowinski asked if there was anything the Bramblewood residents could do to stop this park from going forward or anything he could do to stop this from happening. He stated he does not want a park at this location.

Mr. Bustamante asked how many residents don't want a park compared to how many residents want a park. Mr. Bustamante stated the residents have to consider what is better for the subdivision. Mr. Buckowinski stated that people who don't live next to the proposed park will want a park. Mr. Bustamante stated he would not mind living next to the park. Mr. Buckowinski noted Mr. Bustamante lives two blocks away from the proposed park. Mr. Buckowinski stated he would switch houses with Mr. Bustamante because he did not want to be by the park. Mr. Buckowinski stated he did not pay $370,000 to have a park 500 feet away from his house.

Mr. Buckowinski if the police would be patrolling the park every day at night. Mr. Bustamante stated that the police patrol all parks as they do every day. Mr. Buckowinski stated it is sad that the residents cannot do anything about the proposed park and the Council made the decision to put the park in Bramblewood.

Harry Mason, 9620 Genevieve Drive
Mr. Mason addressed Councilman Bustamante, individually, "and to the rest of the folks of the Council." Mr. Mason commended Mr. Bustamante for trying to take advantage of green space since there is not a lot of it in St. John. Mr. Mason stated that Mr. Bustamante's heart is in the right place. He opined that the means and manner in which the survey was conducted is what threw people off.

Mr. Forbes asked Mr. Mason to state his opinion and address the Council and not campaign. Mr. Mason stated that the facts are if a resident did not respond to the survey it was counted as a "yes." Mr. Mason stated he called Mr. Bustamante; he stated he was very fair and has great ideas and very positive for the community. Mr. Mason reiterated that if a resident did not return the survey "it was automatically a yes." Mr. Mason opined that Mr. Bustamante is doing the right thing and there are ways of going about it.

Mr. Mason directed a question to the Council. He asked if they are considering the land acquisition at this point, has the SWYPPP has been taken care of. Mr. Mason stated that traffic management is also a key. Mr. Mason reiterated that he talked with Mr. Bustamante on the telephone, and Mr. Bustamante asked him if he would feel the same if the park was not next to his home. Mr. Mason stated that of course he would feel the same way. He stated this is a matter of public safety.

Mr. Mason referred to a portion of 96th Street as "the Dyer bypass, little 500." He stated this is the least safe street in the subdivision. Mr. Mason stated if he were to take 50 feet away from either corner of the proposed park there would probably be a box this big (indicating) for the park.

Mr. Mason credited Mr. Bustamante for offering some alternatives or modifications to the existing streets, for example, turning the street into a one-way street heading westward or installing a four way stop. Mr. Mason stated that what is missing is distance. He stated that "distance is the killer here." He stated that over 200,000 children are hurt in parks each year and over 25 children are killed; most of these injuries due to running out into the street to fetch a ball or some other little toy.

Mr. Mason stated that Town has to be careful here. He stated that if the Council is going to consider land acquisition, consider public safety, a transportation study, reversing the flow of traffic and putting in a four way stop. Mr. Mason stated, on the other hand he's a property owner who is right next door. He stated he was not personally notified. He stated that he does not think the survey was done right but Mr. Bustamante had the right purpose because he is trying to provide for the community a safe place for children to play.

Mr. Mason stated, unfortunately, this parcel is not the place. He stated if a 50' foot safety zone was installed each way the park will probably be a 5x5 box. Mr. Mason stated the Council should make sure there is a SWYPPP plan and a storm water a pollution prevention plan to make sure the water roll off goes down and not to his or his neighbor's house.

Mr. Mason stated that he does not want the park and the reason is not because it will be next to his home, but in the big picture, "the blood is on our hands if --- for the first kid that's going to get hit on that corner." He stated a corner lot is not where you put a park.

Mr. Mason stated that he stopped vehicle traffic two times during the last year coming out of Dyer heading in an eastbound direction flying by. He stated he had to jump in front of a car to stop it. Mr. Mason stated he's not a traffic expert but he's talking 40 miles per hour plus. Mr. Mason stated he hopes the same folks that are still coming out and taking that direction will consider for five seconds to stop. Mr. Mason reiterated it is the wrong piece of land.

George Lamfalusi, 9535 Genevieve Drive
Mr. Lamfalusi stated he lives approximately three houses north of the proposed park. He stated he has concerns. He stated he was surprised how the proposal for the park came about. He stated that the Town does have a Park Department.

Mr. Lamfalusi stated he was also surprised that the Town must consider people's feelings towards other zoning variances, which he opined the proposed park could be considered one of those. He stated that if an individual wants to put a basketball court in their back yard they have to go to the BZA and apply for a variance and then go before the Town Council for approval.

Mr. Lamfalusi stated one of the requirements for this type of proceeding (variance) is that the immediate neighbors are notified and their opinions heard. He stated in the case of the park, the most important opinion is that of the people who live adjacent to it, a couple of lots either way or right across the street. He stated he would like to think that the Town officially would have sent mailings to these residents as well as what Mr. Bustamante did by surveying the subdivision to ascertain whether or not the residents think the park would be a good idea.

Mr. Lamfalusi stated maybe Mr. Bustamante could answer his question about the 114 "yes" responses that were received versus the 35 "no" responses if the survey did include those people that did not respond to the letter. He noted the survey stated that a non-response would be considered a "yes" vote. He stated it may be expedient to assume that, but not necessarily, if some residents did not receive the survey or don't understand what this is all about.

Mr. Lamfalusi stated it would have been better if the process implemented would have been something the Town would normally do when they are trying to survey neighbors as to how they feel about some other zoning variance. He stated that the proposed park is certainly a big thing.

Mr. Lamfalusi opined that he does not think that the proposed park will affect the value of his home or property, but he believes it will certainly impact those people who live close by. He stated there was no park designated for Bramblewood subdivision. Mr. Lamfalusi stated he understands that the funds for this park are not coming out of the Town budget, but that there are impact fees. He stated he does not understand how the money for the parks was designated to begin with. He asked if funds were set aside to be used strictly for parks or is it the Town's pleasure to use the funds however they see fit. He stated there is a lot of impact besides parks.

Mr. Lamfalusi stated his concern is especially for those people who live adjacent to the proposed park. He asked what their feelings and their opinions were. He stated, in his opinion, these individuals who live adjacent to the park would count more than an individual that lives at some distance because they have a vested interest not only from the value of their homes, but the potential down side to having a park near their residences, more noise, more people around, more cars parked on the street.

Mr. Lamfalusi stated that another gentleman alluded to the fact that Bramblewood subdivision is right down the street from the Enclave subdivision, which is unincorporated. He stated there are more homes in the Enclave subdivision than there are in Bramblewood subdivision. He stated, obviously, being a public park, nobody will be checking to see whether St. John residents are using the park. He stated there is a potential for a lot of people coming to the park from out of St. John.

Mr. Lamfalusi stated that the Town is already into the park as they are already seeking appraisals on the property. He stated that he understands that this parcel was bought about three years ago from one of the original developers who had intended to build there. He stated that he does not feel Bramblewood subdivision and especially the people who will be most impacted by the park have had a real chance to know exactly how all of the aspects of the proposed park will affect them.

Mr. Lamfalusi stated a plan for the park has not been presented. He stated that the type of equipment to be installed in the park has not been disclosed. He stated that the size of the park, sidewalks, additional lighting, benches, shelters, structures, how many people are going to use the park, is it going to be a gathering place for young teens on their bicycles to gather in the evening are all things that must be considered. He stated it could be a potential problem where people might say they don't want that kind of a situation to possibly exist right across the street from them where they feel like they will have to be calling the cops. He stated there will have to be a trash container for the litter that will be left behind. He stated people don't always place their refuse in the containers.

Mr. Lamfalusi opined that a lot more preliminary work needs to be done. He stated a lot of the questions that have been asked in some of the letters that the Council has received along with the complaints received must be addressed before residents can honestly say they want the park or they don't want the park.

Mr. Lamfalusi stated his emphasis is that the Council should focus on the people who live in the vicinity of the park because they have the most to lose if some of the potential negative things become a reality at the proposed park. Mr. Lamfalusi stated if this parcel had been designated a park area to begin with how many of the residents that currently live there would have bought a lot and had their home built across from the park. He stated he thinks a lot more people would say they don't want to live next door to a park. Mr. Mason stated that the Council should get a good idea of the exact feelings from the people who live nearby, and provide information to all of the residents of Bramblewood on all of the particulars of the park.

Mr. Mason asked the Council to provide more facts and information on the proposed park and do a very good and appropriate survey of the people that live in the vicinity of the park in order for everyone to make a better informed decision.

Theresa Bustamante
Mrs. Bustamante stated she was here to speak as a Bramblewood resident. She stated that she sympathizes with a lot of the concerns that her fellow neighbors have regarding the park. She stated she has given it much thought as a resident. She stated she has a 17 year old daughter that she is getting ready to send off to college. She stated she will have no use for the park, but if you ride around Bramblewood, it's a family neighborhood with family homes. She stated it will not be a second generation neighborhood because of the size of the homes within the subdivision.

Mrs. Bustamante stated one of the complaints is the lot location. She stated she did not really give it much thought but in thinking about the parks in Schilton Hills across the street, these are parks in hidden paths. She stated there are really not many complaints about kids hanging around doing bad things. She stated that the fact that the lot is on a corner in an open space gives the residents of Bramblewood more visibility. She stated it will not be a place where people can come and hang out at nighttime because it's going to be visible.

Mrs. Bustamante stated she hopes in her heart that the people who are against the park now will look at all of the information carefully once all the plans are put together, when the information about the equipment is presented and all of the questions that are being brought up now are answered. She stated St. John has been ranked as the best city [sic] in Indiana to live in. She stated she lives in a community where there are so many different opinions about adding a park. She stated there are many young children in Bramblewood. Mrs. Bustamante stated it is not going to be a big park. Mrs. Bustamante requested that all of the residents review the information and look beyond the years they have to own their homes and look to the next generation that will come into the neighborhood.

Mrs. Bustamante stated that she would now like to speak as Theresa Bustamante, Larry's wife. She stated when Larry decided to run for the position on the Town Council she never thought it would be this difficult. She stated that there are just no words for the hate mail that has come into their mailbox. She stated she refuses to think that the hate mail was really written by one of their neighbors. She stated that people have a lot to say, but yet they fail to identify themselves by putting their signature on that piece of paper.

Mrs. Bustamante stated it is not fair and it's not right. She stated that everyone is a public servant. She opined that anybody in any community where they live, just as neighbors in the community as it exists, can go knock on someone's door if there's a problem and identify themselves and their place of residence and share their concerns. She stated through these applications, this is the first that she has heard about all of the traffic problems between the Enclave and Bramblewood.

Mrs. Bustamante stated she has one question for Chief Frego, how many reports have been turned into the police department. Chief Frego stated, off the top of his head, he cannot recall any for the subdivision. Mrs. Bustamante stated she does not want residents to go jump in front of cars. She stated "Let's take care of our community. You see something happening that shouldn't be happening, call the nonemergency number." She stated she just wanted to share her thoughts. She stated that the few residents that she hears from Bramblewood she wanted them to know about the hate mail in her mailbox. She stated "We're there. If there's concerns, if there's questions, Larry's got his phone number, e-mail. Larry will talk to anybody whenever. Any problem, call him."

Jeanne Nowacki, 14150 West 94th Avenue
Ms. Nowacki stated she strongly opposes the park and she does not live near the park nor adjacent to it. She stated she has small children who would be candidates to use the park but she would not want them to use the park. She stated safety issues are a big concern for everyone.

Ms. Nowacki stated that the lots are fairly sized in Bramblewood. She stated most people with little kids have play sets in their yards. She stated everyone likes to keep an eye on their kids because it is a family community just as Mrs. Bustamante said.

Ms. Nowacki stated that the kids play in the street because she thought she bought into a neighborhood like the ones she grew up in, where the kids were in front playing on the front lawn with their friends. She stated she did not like the idea of all of the extra traffic going through the neighborhood. She also cited problems lately with "creepers" (sightings of people in cars just going through the neighborhoods looking for kids).

Ms. Nowacki stated she would not feel comfortable sending her kids out at dusk to play at a park that will likely not just be holding their children but also holding adjacent neighborhood children and the traffic on the street. She asked about the lighting at the park, if it would be lit. She asked "Why Bramblewood?" How did the park land on Bramblewood versus any of the other new subdivisions.

Mr. Bustamante stated it is not just Bramblewood. He stated that the west side of Town will have two parks and there are projects going in Lake Hills and the Gates of St. John. He stated it is the subdivisions that have a lot of kids that are asking for parks. He stated that is the only reason that it has come up. He stated when you are approached by a lot of families that are asking for a park the Park Board looks into it.

Ms. Nowacki stated that she strongly agrees with Mr. Buckowinski and Mr. Lamfalusi. She stated that with it being spring break there were a lot of families that were not able to attend the meeting that mirror her opinion. She stated that there are more residents that are opposed to the park than what the Council sees at the meeting tonight.

Ms. Nowacki asked how residents could still stay informed about the progress of the park. Mr. Kil stated that it will take him at least a month to get the appraisals, depending on how busy the appraisers are. Mr. Forbes stated that the agendas are posted well in advance of the meetings. He stated that anybody who comes in and drops their water bills off they can see the posted agenda. Mr. Kil stated that the soonest he sees this issue coming up would probably be on the fourth Thursday in April.

Ms. Nowacki asked the Council at this point if the proposed park was "Pretty much a done deal as you sit here today. It's been decided and it's going forward?" She stated that the survey was only done one week ago. She stated she feels like the survey was just something to throw out there to keep the residents from becoming too angry. She stated that the mailers with the non-response equals a "yes" is not fair and feels a "little shady." She stated that without being able to prove, by certified mail, that people even received the mailers it's not fair to count the non-response as a "yes."

Ms. Nowacki stated she hopes the Council strongly reconsider the proposed park in Bramblewood because there are a lot of people in the neighborhood who are very unhappy, not just on the fence about it, but strongly opposed to the park.

Amy Mueller, 9500 Genevieve Drive
Ms. Mueller stated she is against the park. She stated she had a couple of questions. She stated that the land that was being talked about "is owned by parents of somebody else that lives in Bramblewood." She stated as far as she knew they intend on building. She stated they said "if the people agreed and wanted a park they would consider , if the price was right --- selling." She stated it was their plan that their grandchildren were going to live six or seven houses down. She stated that is something for the Council to consider while they are considering this parcel. She stated it is not just anybody living there but somebody that had family in the subdivision also. She stated she was not sure if anybody realized this.

Ms. Mueller stated that two families in Bramblewood put their playgrounds together back to back and everybody called it "the playground." She stated most residents in the subdivision have ample room and most residents have play sets in their backyards. She stated it does not seem like the park is necessary.

Ms. Mueller stated if you look at the 35 "no" responses she thinks the Council will find that the 35 "no" responses are from residents that are right on Genevieve who will be most affected. She stated that she is sure that the residents on Julia and the other roads in Bramblewood probably did not pay attention to the park because for them it is not a big issue. She asked how many physical pieces of paper were received that said "yes" and how many were just counted as a "yes." She stated there should be a more accurate way to ascertain who really wants the park. She stated that the Council should look at the people who said no and at their addresses. She stated she included her address to ensure that they knew where she lived and that she did not want the park. She stated she does not want people coming in from the other subdivision and a lot of traffic. She stated where Mr. Bustamante is located they just don't see the traffic as much while her kids are out there and playing in this area.

Mr. Bustamante asked if anyone called the police. Ms. Mueller stated no one called the police. She stated there has been talk about speed bumps being installed on Calumet. She stated various things have been discussed to try and get people to slow down. She stated that it's not something that's never been discussed. She stated there are people that use the roads as throughways and they go through the road fast.

Ms. Mueller stated that the people that live in the middle of the subdivision are the people that are going to be affected most by the park. She stated that these residents were not talked to or approached first. She referred to Mr. Lamfalusi's statements about when half of the subdivision sat through a meeting so their neighbor could have a basketball hoop in his back yard, and then to have the proposed park come up and not have anyone be notified "blows her mind." She stated now the park is going to come through and nobody even knocked on anybody's door to ask them how they felt about having a park across the street from their homes. Ms. Mueller stated she does not think it is fair how the park was brought about.

Michelle Wondaal, 9680 Genevieve Drive
Ms. Wondaal stated that she would love to have a park located on the corner. She stated she has four boys. She stated her youngest son is six and they spent some time at the park on 93rd Avenue today. She stated that she thinks it would be great to have a park in the neighborhood. Ms. Wondaal stated she did not mail her letter back in because she just assumed then that she would be a "yes" vote.

April Grober, 9735 Julia Drive
Ms. Grober stated she did send her vote in and she does approve of the proposed park she stated her children are grown adults still living at home but she also has her grandchildren living with her. She stated she has a swing set in her yard but the grandchildren considerate a special treat to ride their little bikes and go to the park.

Ms. Grober acknowledged that Bramblewood does have bigger lots and the kids can go out in the street, but this is a concern to her because she has come in late at night when there are older kids on the street and you can't always see them. She stated, for this reason, the park is a good place for the kids to go where they are not on the street. Ms. Grober stated she thinks it would be great to have a park and she did send her survey response in as a "yes."

Mr. Forbes called for further public comment. There was no further public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:
Mr. Forbes stated he would entertain a motion to adjourn. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0). (The meeting was adjourned at 7:59 p.m.)

A TRUE COPY

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Susan E. Wright
Recording Secretary St. John Town Council