St. John Indiana - Founded 1837
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April 25, 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 April 25, 2013, at 7:09 p.m.

Mr. Forbes announced that the Council would observe a moment of silence following the recitation of the Pledge of Allegiance to honor those who died in the bombing at the Boston Marathon, and also to salute and recognize those individuals who heroically stepped up and protected the individuals who were injured in the blasts, and the individuals who protected the City of Boston.

(The Pledge of Allegiance was recited.)

(A moment of silence was observed.)

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

ARBOR DAY PROCLMATION:
Mr. Forbes stated that the first thing on the agenda was the Arbor Day Proclamation. Mr. Forbes read the Proclamation into the record as follows:

Celebrate Arbor Day.

"Whereas celebrated on April 10, 1872, with the planting of over one million trees Arbor Day activities include the planting of trees and education of those unfamiliar of the significance of trees in our daily lives and their necessity for our future survival.

And whereas trees continue to be for our landscape and environment not only because of their value through aesthetic beauty, but that trees reduce precious topsoil erosion by wind and water, cut heating and cooling costs by moderating the temperature, cleaning the air we breathe by providing life-giving oxygen and provide natural habitats for wildlife.

And whereas the founder of Arbor Day, J. Sterling Morton, stated, ‘Each generation takes the earth as trustees wherein we are obligated to maintain and leave the earth as we found it, protecting human and animal health.'

And whereas Arbor Day is now observed throughout the nation and the world the Town of St. John encourages to provide direction to improve the health of the urban forest, enhancing the enjoyment, promoting the education of the importance of urban forests, enforcing, creating and maintaining the relationship regarding the use and enjoyment throughout our country.

And now, therefore, I, Michael S. Forbes, do hereby recognize and proclaim April 26th, 2013, as Arbor Day in St. John, Indiana, and urge all of our citizens to support efforts to protect our trees and woodlands and further urge citizens to plant trees to gladden the heart and promote well-being of this and future generations."

Mr. Forbes stated that he would entertain a motion authorizing the signing of the Arbor Day Proclamation. Mr. Bustamante made a motion to authorize signature to the Arbor Day Proclamation. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

Mr. Volk noted that Mr. Chip Sobek, Park Superintendent, is working with Tree City representatives. Mr. Kil explained that the Town is currently taking the necessary steps to become a Certified Tree City. Mr. Kil stated that the Arbor Day Proclamation was one of the steps required of the Town in order to become a Certified Tree City. Mr. Kil stated that Mr. Sobek and the Park Department are taking the lead on this project in order to be formally declared a Certified Tree City.

APPROVAL OF MINUTES:
March 28, 2013, Executive Session;
March 28, 2013, Regular Session.

Mr. Forbes stated he would entertain a motion on the March 28, 2013, Executive Session and the March 28, 2013, regular session. Mr. Forbes stated for the record, the meeting minutes being considered by the Council are the minutes provided by the Council's Recording Secretary, Susan E. Wright. He asked if there were any questions on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes. Mr. Bustamante made a motion to approve the March 28, 2013, Executive Session, and the March 28, 2013, regular session, as posted. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

NEW BUSINESS:
A. AUTHORIZATION TO PROCEED WITH THE SIDEWALK CONSTRUCTION ON WEST 85TH AVENUE ACROSS THE NORFOLK-SOUTHERN RAILROAD CROSSING

Mr. Forbes stated that the Board would consider authorization to proceed with the sidewalk construction on West 85th Avenue across the Norfolk-Southern Railroad crossing. He stated that this issue has been ongoing for quite some time. Mr. Forbes stated that the Town has finally received some solid communication from the railroad.

Mr. Forbes stated that the construction of a sidewalk across a railroad track is a complex project. He stated the project requires a contractor with knowledge of this type of construction. He stated that train timing, communicating with the train and easement approval from the railroad are just some of the issues that must be coordinated in order to complete this project.

Mr. Forbes stated that the Town was waiting for the railroad to recommend a contractor. Mr. Forbes stated that the Council has received documents reflecting the costs of this sidewalk construction. He stated that the construction costs are a bit more than what was anticipated. Mr. Forbes explained that the Town has to enter into an agreement for the easement across the railroad tracks and this is where a bulk of the costs come in. He stated that the peculiarities of the sidewalk construction across the Norfolk-Southern also have added to the costs.

Mr. Forbes informed the Council that he talked to the two residents who would be affected by the proposed sidewalk as this sidewalk crossing will be located right behind their dwellings. Mr. Forbes stated that both homeowners are ecstatic that the sidewalk crossing is finally going in.

(General discussion ensued.)

Attorney Austgen stated in addition to the authorization that is referenced on the New Business agenda, and if this item is approved, the Council should solicit a motion to accept any land conveyance(s) for the easement or right of way that is needed to construct the sidewalk.

Mr. Forbes stated that this was part of his discussion with the homeowners and there were no issues with any land conveyance that may be required. Mr. Forbes asked the Council if there was an authorization to proceed on this project.

Mr. Bustamante made a motion to grant authorization to proceed with the sidewalk construction on West 85th Avenue, across the Norfolk-Southern Railroad crossing. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes stated he would entertain a motion to authorize acceptance of a land conveyance for any right of way that may be required from the homeowners on this project. Attorney Austgen stated that it would be a right of way and it has been drafted in the form of a Quit Claim deed. Mr. Bustamante made a motion to authorize acceptance of any land conveyance that may be required for the proposed sidewalk crossing over the Norfolk-Southern railroad. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

B. AUTHORIZATION TO PROCEED WITH THE REFUNDING OF THE 2005 AND 2006 BUILDING CORPORATION BONDS AND PARK BOND.

Mr. Forbes stated the next item for the Council's consideration was authorization to proceed with the refunding of the 2005 and 2006 building corporation bonds and a park bond. Mr. Forbes stated it was brought to the Council's attention that an opportunity exists for the Town to refund/refinance the building corporation bonds and park bond.

Mr. Forbes asked Mr. Kil to elaborate. Mr. Kil explained that the Town has outstanding building corporation bonds that were used to construct the police station, fire station, town hall and public works, et-cetera. Mr. Kil stated that the Town has an outstanding debt of over seven million dollars.

Mr. Kil stated that the Town presently has the ability to refund the bonds, reissue them and realize an estimated savings of $939,000. He stated that it would be a very good move for the Town to proceed with the bond refunding because of the significant dollar savings that would be realized. Mr. Kil stated that he has been working with Todd Krzyskowski, managing director of Mesirow Financial, on the bond refunding matter. Mr. Kil stated that he has worked with Mr. Krzyskowski before on several bond issuances.

Mr. Kil stated that the team working on the bond refunding would be Attorney Dave Austgen, local counsel; Todd Krzyskowski, Mesirow Financial; Mr. Karl Cender, Cender & Company; and Attorney Philip Faccenda, Barnes & Thornburg, bond counsel.

Mr. Kil stated that the Town will probably not proceed with the park bond because it has been determined that the bond is too small to realize any significant savings. Mr. Kil stated that Mr. Cender is recommending that the Town proceed with the refunding of the 2005 and 2006 building corporation bonds.

(General discussion ensued.)

Mr. Kil stated that he, too, would highly recommend that the Town proceed with the 2005 and 2006 building corporation bond refunding. He requested the Council's authorization to proceed with the refunding process. He stated Attorney Faccenda is in the process of preparing a schedule. The council members concurred that it would be a significant savings.

Mr. Forbes stated he would entertain a motion to authorize proceeding with the refunding of the 2005 and 2006 building corporation bonds. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

C. REVIEW APPRAISALS FOR BRAMBLEWOOD PARK

Mr. Forbes stated that the Council would review the appraisals for Bramblewood Park. He asked Mr. Bustamante to elaborate on this matter. Mr. Bustamante deferred the matter to Attorney Austgen.

Attorney Austgen informed the Council that a recommendation has been made that the Council take these matters under advisement. He stated that appraisal information has been received in the last day or so, but he and Mr. Kil have not been able to discuss the information that was received. For this reason, there is no recommendation at the present time. Attorney Austgen asked the Council to defer this matter to the next public meeting.

Mr. Forbes asked the Council if there was any discussion. Hearing no discussion, Mr. Forbes stated that he would entertain a motion to defer this matter to the next meeting. "So moved," by Mr. Bustamante. Mr. Forbes asked for a second on the motion. The motion failed due to no second.

Mr. Forbes asked the Council how they wanted to proceed. Mr. Volk noted that there were two appraisals, and an offer was made somewhere in the middle of the two appraisals. Attorney Austgen noted that no offer has been made.

Mr. Kil stated that two appraisals were obtained. He stated that the average value of the two appraisals is $69,250.00. Mr. Kil stated he verbally spoke with the property owner, and advised him what the average value of the parcel was.

(General discussion ensued)

Mr. Kil stated that a verbal acceptance was made by the owner pending formal action by the Town. Mr. Kil emphasized that all of the conversations he had with the property owner were verbal discussions.

Mr. Volk stated he was confused as to why the matter was being deferred. Attorney Austgen reiterated that he just recently received information on the property and has not been able to discuss the matter with Mr. Kil. Attorney Austgen noted that the law in the State of Indiana is very clear in that purchasing the real estate has to be done in writing.

(General discussion ensued.)

Attorney Austgen stated that the recommendation to defer this matter was made solely to give the Council time to assess this matter. He stated as the policy makers, if the Council wished to take action on this matter tonight they can do so.

Mr. Forbes asked the Council for direction. Mr. Bustamante made a motion to accept the $69,250 towards Bramblewood Park. Mr. Forbes stated that Mr. Bustamante made a motion to accept the median value of the appraisals for the property, to make the offer official and in writing. Mr. Forbes asked for a second to the motion.

Mr. Volk asked if there was additional information on how many individuals were in favor of the park. He noted at the last meeting there were quite a few people opposed to the proposed park. Mr. Bustmante informed the Council there were 114 "yes" votes and 35 "no" votes.

An unidentified gentleman from the audience suggested they have a discussion before the Council discuss this matter. Mr. Forbes informed the gentleman that the Council was discussing the matter and the floor was not open at the present time for public comment.

(General discussion ensued.)

Mr. Volk stated when Bramblewood Park was first proposed he supported it one hundred percent (100%); he stated that hearing all of the individuals who were opposed to the proposed park has given him pause. He stated he would not be in favor of pushing a park on a development if its residents don't want it. Mr. Volk stated he would like to be clear on how many individuals want the park and those who are opposed to the park. He noted there will always be someone who will oppose the proposed park.

Mr. Bustamante stated that, per his survey, the majority of the people were in favor of the proposed park. Mr. Forbes again admonished the gentleman in the audience for speaking out of turn. Mr. Forbes stated that floor was not open for public comment at the present time.

Mr. Gembala stated that the Council may need time to see if they are getting the best deal for the area that is being considered. He stated that he is not sure, in his mind, that this is the best location. Mr. Gembala stated he would like the Park Board to make a recommendation to the Council about the proposed park.

Mr. Forbes informed the Council that he received a call from a member of the Park Board on this date and he was informed that all of the members of the Park Board are not in favor of the proposed park, nor any other park at this time. Mr. Gembala noted this was not considered an official action.

Mr. Volk asked if the matter should be sent back before the Park Board for official action. Mr. Bustmante stated he should rescind his motion; he stated, "Just drop it." Mr. Forbes stated there was no second to Mr. Bustamante's motion. Mr. Bustamante reiterated that the matter should just be dropped.

(General discussion ensued.)

Mr. Gembala stated that he would feel more comfortable if the Park Board made some formal comment on the proposed park and how it fits into their overall plan. He added that the appraisal should be reviewed and whether or not the parcel in question is the best location for the proposed park. Mr. Gembala stated he would like clarification as to whether or not the individuals opposed to the park were immediately affected by its location; he stated he does not have any direct information on this issue. He stated he would like to see more research done on the location of the park before he makes a decision.

Mr. Gembala stated he would put this in the form of a motion; he asked that the Bramblewood Park matter be deferred to the Park Board, and also give the Council time to review the appraisals. Mr. Bustmante stated that the matter should just be dropped.

Mr. Forbes asked Mr. Bustamante to elaborate on his comments. Mr. Bustamante stated that the Council should take the proposed Bramblewood Park out of the picture completely.

(General discussion ensued.)

Attorney Austgen noted that the Board had a motion pending. Mr. Forbes stated that there was a motion by Mr. Gembala to defer the matter to the Park Board for review. Mr. Gembala added that time for the Council to review the appraisals to ascertain whether the money being invested is proper for the size of the parcel. Mr. Forbes stated he was a little confused by the second part of Mr. Gembala's motion.

(General discussion ensued.)

Mr. Forbes stated that pursuant to the phone call he received earlier in the day the Park Board has had discussions for the past two months about the park. He reiterated that the Park Board was not in favor of the proposed park at Bramblewood or any other park. He stated that the Park Board is concerned about money constraints. Mr. Forbes stated the Park Board is concerned with repairing and upgrading existing equipment, and they are also dealing with issues such as repairs to pavilions and other matters.

(General discussion ensued.)

Mr. Bustamante stated that pursuing Bramblewood Park should be dropped. Mr. Forbes noted there would be no second to Mr. Gembala's motion.

Mr. Forbes asked if there was a motion to discontinue the pursuit for the Bramblewood Park. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

D. CONSIDER VARIANCE OF USE REQUEST FROM JDE, LLC. FOR OUTDOOR SALES AT 9759 WICKER AVENUE (FAVORABLE RECOMMENDATION FROM THE BOARD OF ZONING APPEALS).

Mr. Forbes stated that the Council would next consider a variance of use request from JDE, LLC. (Eenigenburg Aqua Systems, Incorporated) for outdoor sales at 9759 Wicker Avenue. He noted that the Board of Zoning Appeals had forwarded a favorable recommendation to the Town Council.

Mr. Forbes stated that this variance of use would be at the new Eenigenburg water site, which will be located directly north of the existing Eenigenburg Water, which is also a future site of McDonalds.

(General discussion ensued.)

Mr. Gembala informed the Board that he and Mr. Bustamante attended the Board of Zoning Appeals meeting of April 22, 2013, as spectators. He stated that there were lengthy discussions. Mr. Gembala stated that Attorney Austgen ensured that everything would be detailed in writing. Mr. Bustamante noted that the signs and other things were considerably downsized.

Attorney Austgen noted for the record, that written commitments, pursuant to the applicable Indiana Code provisions are required. He stated that the written commitments will reflect the conditions, as set forth by the Board of Zoning Appeals, that the property owner must adhere to in the conduct of his business. He stated that the Board of Zoning Appeals directed that the property owner submit the written commitments in a recordable form.

Attorney Austgen stated that he has cited the applicable law a couple of times in the meetings, provided the same to Mr. Kil and sent a letter to Mr. Nick Georgiou. (who was present tonight). Attorney Austgen stated that the letter as submitted by the property owner is insufficient. He stated he would not approve the letter as the letter is not a recordable instrument and does not meet the statutory requirements. He recommended that the written commitments be included in any action that the Council takes

(General discussion ensued.)

Mr. Forbes asked the Council if they had any questions. Attorney Austgen recommended that the Council, with any approval, should include a contingency that all of the conditions imposed by the Board of Zoning Appeals must be submitted in the form of a written, contractual commitment(s), in conformance with Indiana Code 36-7-4-1015 and related applicable law regarding the variance of use; he further stated that the Town Council and the Town Manager's office should be provided with a copy of the same.

Mr. Forbes asked Mr. Georgiou if he understood that the written commitments in recordable form must be submitted. Mr. Georgiou acknowledged that he understood this requirement.

Mr. Forbes stated that he would entertain a motion approving the variance of use from the Board of Zoning Appeals, incorporating the finding of facts and contingencies therein, and including the requirement of written commitments from the property owner, in recordable form, pursuant to the applicable Indiana Code as set forth by Attorney Austgen. "So moved," by Mr. Gembala. The motion was seconded by Mr. Volk. The motion was carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:
TOWN COUNCIL:

Mr. Forbes moved on to Reports and Correspondence. Mr. Gembala stated that a great job was done with the snowplowing this year. He stated that the emergency route was kept open. Mr. Gembala noted that some kind of program should be started for street repairs, especially in the older sections of Town. He stated that the Council needs to look at this before some of the streets are past the point of repair.

Mr. Kil stated that Mr. Volk had requested that a street inventory be compiled. He stated this inventory is nearly done. Mr. Kil stated as soon as the report is completed it will be submitted to the Council so they could review everything they would like to do, project a cost to it, and he will get a report back to the Board.

(General discussion ensued.)

Mr. Volk asked Ms. Sury to place a notation on the water bills related to not putting garbage out until 6:00 p.m. He stated this information was contained on the water bills last year and it seemed to help. Ms. Sury stated this information will be put on the bills as often as she can and when there is room.

Mr. Bustamante had nothing to report.

Mr. Forbes noted that the Town's drainage project is being designed for 93rd Avenue. Mr. Kil stated that locates and survey crews are working on this project. Mr. Forbes stated that he and Mr. Kil have talked to the neighbors about the project and they have no issue with the Town being on their property in order to straighten and clean the ditch out. Mr. Forbes stated he personally cannot wait until this problem is fixed.

Mr. Forbes noted that Mr. Gembala brought up street repair. Mr. Forbes asked Mr. Kil to direct Bob Davis to go out to inspect Fairway and Muirfield streets. He stated that approximately midway down the street on the west side there is a car length section of road that has sunk at least four to six inches. Mr. Forbes stated this repair would have to be addressed pretty quickly.

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

ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.

STAFF:
Mr. Kil reminded all of the residents of the Town-wide garage sale coming up on May 2nd through May 5th. Mr. Kil stated that he has been telling residents to get together and make a sign for entire subdivisions. For example "Bramblewood Subdivision sale, 50 homes." He stated that this is the most convenient and effective way to advertise.

Mr. Kil stated that opening day for the Farmer's Market is May 5th. He stated that the Farmer's Market runs through the last Sunday in October.

Mr. Kil informed the Council that 2012 was a great year for the Town in new construction. He stated as of today's date (April 25, 2013) the Town has issued permits for 41 single family homes and six duplex permits. He stated so far this year there have been no commercial permits issued. Mr. Kil stated that two commercial permits will be issued as soon as McDonalds and Eenigenburg Water come in. Mr. Kil stated last year at this time, a total of 32 permits had been issued versus the 41 permits issued at this time in 2013. Mr. Kil opined that this may be a sign of an improving economy.

Chief Willman delivered the March, 2013, monthly activity report from the Fire Department.

Chief Frego delivered the monthly activity report from the dates of March 1 through 31, 2013, from the Police Department. Chief Frego announced that the Police Department has hired a veteran to fill the position of Student Resource Officer (SRO). This SRO will be placed in the Lake Central High School, in cooperation with Tri-Town and the Lake Central School Board. Chief Frego stated that the SRO will be in place for the 2013-2014 school year. Chief Frego stated that the officer's name will be announced in a formal setting.

(General discussion ensued.)

There was discussion about the status of the Interlocal Agreement.

PAYMENT OF BILLS:
Mr. Forbes noted that following bills were listed, APVs 7531 through 7696 in the amount of $1,030,472.25. Mr. Forbes requested that before a motion is made that Docket Number 7692, consisting of four sections, be removed from the docket for review. Mr. Forbes asked for a motion to authorize removal of Docket Number 7692 for review. "So moved," by Mr. Bustamante.

Mr. Gembala requested the motion be revised to pay the bills since they have already been committed. Mr. Forbes stated they have not been committed. Mr. Forbes stated the docket is being moved in order to review the bills. Mr. Forbes asked if there was a second to the motion. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

PUBLIC COMMENT:
Mr. Forbes asked if there was any public comment for the Town Council.

John Rainwater, 8737 North Oakwood Drive

Mr. Rainwater stated he talked with one of NIPSCO's engineers a couple of weeks ago and was told that NIPSCO had purchased land on US Route 41 within sight of Lake Central High School to build a substation that will service downtown St. John. He asked the Council if knew anything about this. Mr. Forbes stated he had not heard anything. Mr. Rainwater stated that the NIPSCO engineer told him if he wanted power all of the time he should get himself a stand-by generator.

Mr. Rainwater asked the Council if they could communicate with NIPSCO like they did with the railroad to see what their intentions are. He stated that NIPSCO is franchised to provide the residents of St. John with safe and reliable power for their homes. Mr. Kil stated that he would contact the NIPSCO representatives in the morning.

Mr. Rainwater stated he has talked to different NIPSCO representatives. He mentioned Chuck Terman, who lives by 77th Avenue and St. John Road. He stated Mr. Terman works for NIPSCO. Mr. Rainwater stated he was told that the pole inspection had been done down Patterson. He stated the NIPSCO equipment on Patterson has been out there for "a hundred years." Mr. Kil stated his understanding is that NIPSCO agrees that the lines need to be done down Patterson; he stated he has never heard anything to the contrary. Mr. Kil stated he would follow up on this matter with his NIPSCO contacts.

(General discussion ensued.)

Mr. Rainwater asked if there was a way to nail NIPSCO down. He outlined an alternate power feed that NIPSCO could switch his neighborhood to, which has newer equipment and would be more reliable. He stated NIPSCO needed to put in a substation. Mr. Kil noted that NIPSCO adheres to their own construction schedule. Mr. Rainwater noted he was without power for two days last August.

Mr. Forbes stated that obviously the Lake Central improvements have helped Mr. Rainwater's neighborhood. Mr. Rainwater stated that the Lake Central High School improvement did not help him a bit. Mr. Forbes stated that they have not forgotten about Mr. Rainwater. Mr. Forbes stated that phone calls would be made and the discussion would continue with NIPSCO about improvements.

Mr. Rainwater asked if he needed permission to take a petition and go up and down Patterson and US Route 41 to solicit signatures to turn in to NIPSCO. Mr. Forbes told Mr. Rainwater he could do what he wanted to do, but he noted that the Town has a good relationship with NIPSCO and they wish to keep it that way. Mr. Forbes stated there should be some improvements coming to Town from NIPSCO pretty quickly.

Mr. Forbes stated that they will keep the lines of communication open with NIPSCO. Mr. Rainwater asked to be kept informed.

Mr. Rainwater had comments to make on garbage pick-up. He stated that the residents in his subdivision cannot figure out garbage can and garbage can lid, especially on windy days. He stated that residents put their garbage out and it's hanging out of the can. He stated garbage then goes blowing.

Mr. Rainwater asked if the trash contractor could provide 50-gallon receptacles with a lid attached. Mr. Kil stated that he is working with the waste hauler on supplying brand new, large garbage cans to the residents. Mr. Kil stated he does not have this issue worked out yet. He stated when the garbage hauling contract is up for renewal, he will negotiate for the new garbage cans. Mr. Kil stated that the final proposal has not been received from Allied Waste yet.

(General discussion ensued.)

Mr. Rainwater stated that "garbage can etiquette" should be sent out to all residents. He stated that some residents leave their garbage cans out in their front yards all week. Mr. Kil advised Mr. Rainwater to call this specific complaint into the Town.

Mr. Rainwater noted that north and south Oakwood Drive are just falling apart. He noted last time these roads were blacktopped was when the Town was receiving government money. He noted that what was replaced is now peeling off. He stated that the Town is going to have to do a lot of street repair this year. Mr. Forbes assured Mr. Rainwater that the Town is doing what they can.

Mr. Rainwater talked about the "aggressive tree trimming" that was supposed to have been done last fall. He stated no trees have been trimmed anywhere that he can see. Mr. Kil noted that tree trimming has certainly been done. Mr. Kil stated that there is a mulch pile from the trees that have been trimmed. Mr. Forbes added that there will be significant tree removal in Town within the next couple of months. Mr. Forbes stated that trees have been removed quite regularly.

Mr. Forbes thanked Mr. Rainwater for his input.

Jeffrey Gunning, P.O. Box 3305, Munster, IN
Mr. Gunning stated he was an attorney practicing out of Munster, Indiana. Attorney Gunning asked that Council to identify or describe the account payable items that were removed from the account payable docket from this evening. Mr. Forbes stated that the Clerk-Treasurer would most certainly provide this information to him after the meeting as it is public record.

Paul Tierry, 8681 Lake Hills Drive
Mr. Tierry asked if the Council could provide him with the rules and regulations of the Town for parking vehicles in park parking lots. He stated he lives across from the parking lot at Lake Hills, near the clubhouse. Mr. Tierry explained an ongoing situation to the Council.

Mr. Tierry stated that for the past six to eight months, there is a gentleman who parks an RV in the park parking lot. He stated that numerous neighbors have complained through the Lake Hills Homeowners Association. He stated that these residents were directed to address their complaints with the Town.

Mr. Tierry stated he has also made numerous attempts to address the issues and track down the Code Enforcement officer, but has been unsuccessful.

Mr. Tierry stated that the owner of the RV is a gentleman who says he is using the RV as his personal vehicle to drive to work. He stated that this vehicle has RV plates on it. Mr. Tierry described the RV as a "1950 Fred Flintstone camper." Mr. Kil stated he believes he's seen the camper before.

Mr. Tierry opined that he does not believe the RV can be legally parked in the park parking lot. He stated if this continues, it is setting a bad example for other people. Mr. Kil stated he does not believe that the Town has any specific ordinance or parking regulation regarding a park parking lot. Mr. Kil stated that there are ordinances that govern the parking of RVs at homes, in driveways and on streets, but there is not necessarily any ordinance on the books regarding parking regulations in a public parking lot such as Lake Hills.

(General discussion ensued.)

Mr. Kil stated he does not have a specific answer for Mr. Tierry at the present time. He asked Mr. Tierry if he would wait for an answer on the RV question. He stated he would have to think about this issue and confer with Attorney Austgen. Attorney Austgen stated that the Council could consider adoption of an ordinance that prohibits overnight parking in public parks.

Mr. Forbes stated that the Code Enforcement officer, Town attorney, and Town Manager will brain storm to figure out a solution to this problem. Mr. Tierry left his contact information.

George Lamfalusi, 9535 Genevieve Drive
Mr. Lamfalusi complimented the Council for the action they took regarding the proposed park in Bramblewood. He stated that at the last meeting the Council was made aware of the number of individuals concerned about the proposed park, how it came about and the impact it might have on the residents of Bramblewood. Mr. Lamfalusi stated that many things played into the whether or not the park was a good idea. He noted that the Council has recognized the wishes of the people who would most be impacted by the proposed park.

Mr. Lamfalusi stated he believes that Mr. Bustamante had nothing but the best of intentions when he started working on the possibility of a park for Bramblewood. He stated he does not think there was any wrongdoing. Mr. Lamfalusi stated that he's glad that the Council was able to recognize the concerns and take the action that they did.

Mr. Lamfalusi had additional comments for the Council. He noted that earlier in the evening the Council was discussing the proposed sidewalk crossing at the railroad crossing on 85th Avenue. Mr. Lamfalusi suggested that the Council specify costs on projects that are being discussed just to give the residents of St. John some idea of what is going on. Mr. Lamfalusi stated he thinks it would be helpful for the audience to hear a little more of the details on some of the projects that are being discussed.

Mr. Forbes stated that he thought he mentioned a dollar amount during his discussion of the sidewalk crossing. Mr. Forbes stated that the approximate costs associated with the sidewalk crossing is $15,787.00, for about 12' of sidewalk. Mr. Forbes explained there is approximately $32,000 is involved in the entire sidewalk construction project.

Mr. Lamfalusi asked what the benefit of the sidewalk crossing would be. Mr. Bustmante stated that it's a children's crossing. Mr. Lamfalusi thanked the Board for their action and for the information that they provided tonight.

Mr. Forbes called for any additional comment. There was no further public comment.

ADJOURNMENT:
Mr. Forbes asked for a motion to adjourn the meeting. Mr. Volk made a motion to adjourn the meeting. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (4/0). (The meeting was adjourned at 8:17 p.m.)

A TRUE COPY

_______________________________________________
Susan E. Wright
Recording Secretary St. John Town Council