St. John Indiana - Founded 1837
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July 24th, 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 for the Town Council on July 24, 2014, at 7:18 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 Larry Bustamante. Ken Gembala was absent. Attorney David Austgen was present. Staff members present: Chief Willman. Chief Frego was absent. Steve Kil was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was also present.

APPROVAL OF MINUTES:
JUNE 26, 2014, REGULAR MEETING

Mr. Forbes noted the minutes of June 26, 2014, regular meeting were before the Council for their consideration. He asked the councilmen if they had any questions on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes of the June 26, 2014, meeting. Mr. Volk made a motion to approve the minutes of the June 26, 2014, meeting. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

PUBLIC HEARINGS:
A. ORDINANCE #1588, AN ORDINANCE TO ANNEX A PARCEL OF REAL ESTATE, PETITIONER, PARRISH LAND, INC.

Mr. Forbes noted Ordinance #1588, an ordinance to annex a parcel of real estate, Petitioner, Parrish Land, Incorporated. Mr. Forbes asked Attorney Austgen if the Proofs of Publication were in order for the public hearing. Attorney Austgen stated that he had reviewed the Proofs of Publication and the proofs are in order and meet the requirements of law in order for a public hearing to be properly conducted tonight.

Mr. Forbes asked Mr. Kil for opening remarks. Mr. Kil informed the Council that this land lies just south of the Gates of St. John in the southeast quadrant of Route 231 and Parrish Avenue and is comprised of approximately 130 acres. Mr. Kil stated that the section of land for residential will be brought into Town as R-1, single family zoning. He stated other land just south of Route 231 in the 600-foot corridor will be brought in as C-2, commercial.

Mr. Kil stated that the land is being brought in is consistent with the Town's Comprehensive Plan and the adjacent zoning. Mr. Kil stated that the fiscal plan and the ordinance will be brought in tonight on first reading only. He stated if there are any questions or concerns they can be addressed at this time. Mr. Kil stated the Petitioner is Olthoff Homes. He informed the Council that Mr. Lenahan is in the audience if the Council has any questions of him.

Mr. Forbes asked the Council if they had any questions before he opened the public hearing. There were no questions from the Council. Mr. Forbes opened the public hearing.

PUBLIC HEARING

Mr. Forbes asked any audience member who wished to make a comment or had a question related to the aforementioned annexation of Parrish Land, Inc., come to the podium and state their name and address for the record.

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 Council.

Mr. Forbes moved to the Introduction of the Fiscal Plan. He explained that the fiscal plan is for the organization and extension of services for the post-annexation of the area commonly known as 10911 Parrish Avenue, St. John, Indiana. Mr. Forbes asked the Council if they had any questions on the fiscal plan. There were no questions on the fiscal plan.

Mr. Forbes stated he would entertain an ordinance #1588 on first reading only. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

NEW BUSINESS:
Mr. Forbes noted that there was no New Business before the Council.

REPORTS AND CORRESPONDENCE:
A. TOWN COUNCIL:

Mr. Volk had nothing to report. Mr. Bustamante had nothing to report. Mr. Barenie had nothing to report.

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

C. STAFF:
Attorney Austgen had nothing to report.

Mr. Kil reminded the Council that the bid opening for the road project is next Thursday, July 31, 2014, at 7:00 p.m.

Chief Willman had nothing to report.

PAYMENT OF THE BILLS:
Mr. Forbes noted the next item for the Council's consideration was payment the bills for the Corporation, APVs 10502 through 10681 in the total amount of $1,253,203.96. He asked if there were any questions on the bills.

Mr. Kil noted that there was a clerical error on one of the items; he stated the error was found and a new total was submitted. Mr. Forbes noted the amended docket amount was $1,248,613.96. Ms. Sury concurred.

Mr. Forbes stated he would entertain a motion on payment of the bills. "So moved," by Mr. Volk. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:
Mr. Forbes opened the floor to public comment. He called for public comment.

Tonya Tate Howard, 14003 Bluff View Road:
Ms. Tate Howard informed the Council that she recently purchased a golf cart. She stated that her understanding was that there was no ordinance against having a golf cart. Ms. Howard stated that approximately 10 minutes after she received the golf cart, the police came to her residence and informed her that, according to state law, she cannot use the golf cart on the streets.

Ms. Howard stated that she attempted to plate the golf cart only to learn that golf carts cannot be plated. She stated she purchased the golf cart for use in taking children around the neighborhood, to and from their friends' houses and to go to the park, etc. Ms. Howard stated that the golf cart she purchased has brake lights, seat belts and head lights all for safety's sake. She asked the Council if they could review the matter and possibly pass an ordinance.

Mr. Kil stated that it is entirely up to the Council as to whether they want to allow golf carts. He stated that the Town currently does not have an ordinance that regulates and/or allows golf cart use. Mr. Kil stated in the absence of a Town ordinance, golf cart use is not allowed. Mr. Kil noted that Ms. Howard is seeking use of the golf cart on interior subdivision streets only.

(General discussion ensued.)

Attorney Austgen informed the Council that there are some statutory provisions regarding the regulation of off-road vehicles along with some prohibitions built into the regulations. He stated that an ordinance related to golf cart use would have to be carefully considered and crafted. Attorney Austgen stated, in his experience, most Towns that consider crafting an ordinance dealing with off-road vehicles adopt the state statute in some fashion and craft out a home rule exception if needed.

(General discussion ensued.)

Attorney Austgen recommended that Chief Frego be consulted on this matter when he returns. Mr. Forbes remarked that Chief Frego is not supportive of the golf cart use in Town, but he would consult with him about this matter. Mr. Forbes noted that the Council relies heavily on Chief Frego's opinion.

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. Volk. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none. (The meeting was adjourned at 7:32 p.m.)

A TRUE COPY

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