St. John Indiana - Founded 1837
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June 12, 2014 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 June 12, 2014, at 7:58 p.m. (The Pledge of Allegiance was said.)

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

NEW BUSINESS:
A. CONSIDER VARIANCE OF USE REQUESTED BY EENIGENBURG WATER (FAVORABLE RECOMMENDATION FROM BOARD OF ZONING APPEALS).

Mr. Forbes noted Item A, the Council's consideration of a variance of use requested by Eenigenburg Water, with a favorable recommendation forwarded by the Board of Zoning Appeals.

Mr. Forbes asked Attorney Austgen if all of the documents had been signed prior to the Council meeting. Attorney Austgen noted that he has received an executed and notarized Project Development Commitment, which was presented to him by Mr. Eenigenburg and Mr. Bartley tonight. Attorney Austgen noted that the signed document meets the conditions and requirements set forth by the Board of Zoning Appeals as a part of its conditions for a favorable recommendation. Mr. Forbes asked the Council if they had any questions. There were no questions from the Council.

Mr. Gembala made a motion to approve the variance of use request by Eenigenburg Water, as recommended by the Board of Zoning Appeals along with the conditions and requirements set forth by the BZA. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

B. ORDINANCE #1586, AN ORDINANCE APPROVING A LEASE BETWEEN THE ST. JOHN REDEVELOPMENT AUTHORITY AND THE ST. JOHN REDEVELOPMENT COMMISSION AND MAKING AND ADDITIONAL APPROPRIATION THEREWITH.

Mr. Forbes noted that "Ordinance #1586, an ordinance approving a lease between the St. John Redevelopment Authority and the St. John Redevelopment Commission and making an additional appropriation in connection therein," was the next item on the agenda. He asked if there was any discussion on this matter. There was no discussion on this matter.

Mr. Forbes stated he would entertain a motion on Ordinance #1586, on first reading only. "So moved," by Mr. Volk. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

C. ORDINANCE #1587, AN ORDINANCE REPEALING ORDINANCE #1581 AND RE-ESTABLISHING AND/OR CONTINUING THE CUMULATIVE CAPITAL DEVELOPMENT FUND (CCD).

Mr. Forbes noted Item C, Ordinance #1587, an ordinance repealing Ordinance #1581 and re-establishing and/or continuing the Cumulative Capital Development Fund," was next on the agenda for the Council's consideration. Mr. asked if there was any discussion on this item. There was no discussion.

Mr. Forbes stated he would entertain a motion to introduce Ordinance #1587 and authorize a public hearing on June 26, 2014, at the regular Town Council meeting. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

REPORTS AND CORRESPONDENCE:
A. TOWN COUNCIL:

Mr. Forbes moved on to reports or correspondence.

Mr. Barenie had nothing to report.

Mr. Volk had nothing to report.

Mr. Gembala had nothing to report.

Mr. Forbes stated there has been brief discussion on joining into an agreement to hire the firm of Barnes & Thornburg to continue the Town's discussion with Lake County on the PSAP #Two. He asked if there was a motion or support to hire Barnes & Thornburg to discuss the aforementioned matter on behalf of the Town in an amount not to exceed $10,000.00 (Ten Thousand Dollars). "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried by voice vote (3/1). Ayes --- three. Nays --- one. Mr. Gembala was opposed.

Mr. Forbes stated he had a Request to Purchase before him from Chief Frego for a 2015 Ford Utility Police Interceptor in the amount of $26,910.95. Mr. Forbes asked Chief Frego if he was adding or replacing a vehicle to the fleet. Chief Frego stated that the new vehicle would be an admin vehicle. Chief Frego's current vehicle will replace a car with over 100,000 miles and he will be driving the new Interceptor.

(General discussion ensued.)

Mr. Forbes noted that the Police Department 275 Fund would pay for the vehicle. Mr. Forbes asked if there were any questions. There were no questions.

Mr. Forbes asked if there was a motion to authorize the purchase. Mr. Volk made a motion to authorize the purchase of a 2015 Ford Utility Police Interceptor in the amount of $26,910.95. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

CLERK-TREASURER:
Ms. Sury had no reports.

ATTORNEY'S REPORT:
Attorney Austgen recognized and acknowledged the presence of the Town's financing attorney, Phil Faccenda, Barnes & Thornburg, and financial advisor, Dan Botich, Cender & Company. Mr. Forbes commented that the Council appreciated their due diligence on the redevelopment project.

TOWN MANAGER:
Mr. Kil had nothing to report.

STAFF:
Chief Frego thanked the Council for approving the request to purchase the 2015 2015 Ford Utility Police Interceptor. Mr. Forbes thanked Chief Frego for everything that he does.

PUBLIC COMMENT:
Mr. Forbes opened the floor for public comment related to the St. John Town Council. He called for public comment.

Paul Tieri, 8681 Lake Hills Drive
Mr. Tieri stated he wanted to speak to the Council for two reasons. First, he commended the Town for purchasing a new Ford Explorer. He stated he works at the Chicago assembly plant. Mr. Tieri remarked that many of his fellow employees live in St. John and he's glad that the Town is purchasing a car made in the U.S.A. by U.A.W. labor.

Mr. Tieri informed the Council he is one of the four members on the Lake Hills Townhouse Board. He stated there was another member with him tonight. Mr. Tieri stated that there have been several requests at their council meetings from the residents.

Mr. Tieri stated that there are four separate areas that are having some drainage issues. He stated that between the developer and the Town, he would like to be enlightened on the process of the layout and development of the subdivision and the Town's involvement. Mr. Forbes stated this is a pretty lengthy process. Mr. Tieri asked for a summary. He asked what the Town's role was in the process.

Mr. Kil asked Mr. Tieri to narrow down the problems. Mr. Tieri stated that there are three entire buildings that the ground is pitched towards the building instead of the easement where the sewer line is located. Mr. Tieri stated two out of the three units have just been completed within the last year.

Mr. Tieri stated one of the buildings on the southeast side literally has a waterfall. He stated that the location of the waterfall is on Forest Glen Court. Mr. Tieri stated that there is a small pond located here. He stated if there is a two to three day rain during the week, the pond overflows. Mr. Tieri stated that when the pond overflows it runs right over the water and floods one resident's bottom deck out.

Mr. Kil acknowledged he knows the location of the units. He stated they were built according to the grading plan. Mr. Kil remarked that the developer designed the subdivision and he doesn't know how this could be made any better.

Mr. Tieri stated that there are five buildings located on Forest Glen. Mr. Kil noted these dwellings were the last to be built and "the back yards are real tight there." Mr. Tieri noted that the building in question is the only building that was left with "that hill condition." He noted all of the others are flat and carry into the forest preserve.

Mr. Kil stated he would take a look at this. He stated he would talk to Tom Redar, the Building Commissioner, about this issue.

Mr. Tieri asked if a representative for the Town could meet the Board at the location in question. Mr. Kil stated that he routinely attends homeowner association meetings. Mr. Kil directed Mr. Tieri to give him a call at his office and he would meet with the Board.

Mr. Tieri thanked the Council.

Mr. Forbes called for additional 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 the meeting. "So moved," by Mr. Barenie. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0). Ayes – all. Nays – none. (The meeting was adjourned at 8:11 p.m.)

A TRUE COPY

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