St. John Indiana - Founded 1837
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October 9th, 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 on October 9, 2014, at 7:09 p.m. (The Pledge of Allegiance was said.)

ROLL CALL:
Roll call was taken by Town Manager, Steve Kil, in the absence of Clerk-Treasurer, Sherry Sury. The following members were present: Michael Forbes, Gregory Volk, Larry Bustamante and Ken Gembala. Mark Barenie was absent. Attorney David Austgen was present. Staff members present: Chief Frego and Chief Willman. Steve Kil was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was also present. Ms. Barbara Haralovich sat in the meeting on behalf of Clerk-Treasurer, Sherry Sury, who was absent.

NEW BUSINESS:
A. CONSIDER ORDINANCE # 14-10-09, A RESOLUTION ADOPTING THE FISCAL PLAN FOR BASLER BEND.

Mr. Forbes noted that the first item on the agenda for the Council’s consideration was Ordinance #14-10-09, a resolution adopting the fiscal plan for Basler Bend. Mr. Forbes stated that this fiscal plan related to annexation that was discussed at the last meeting. He asked the Council if there were any questions on this matter. There were no questions.

Mr. Forbes stated he would entertain a motion to adopt Resolution #14-10-09. Mr. Gembala made a motion to adopt Resolution #14-10-09. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

B. ORDINANCE #1590, AN ORDINANCE TO ANNEX A PARCEL OF REAL ESTATE, PETITIONER, WALTER AND WANDA BASLER.

Mr. Forbes noted Ordinance #1590, an ordinance to annex a parcel of real estate, Petitioner, Walter and Wanda Basler, was next on the agenda. He stated that this property is located on 93rd Avenue on the west side of Town and is zoned R1. Mr. Forbes asked if there were any questions. There were no questions.

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1590. "So moved," by Mr. Bustamante. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Mr. Kil stated he would forward a signed copy of the annexation order to Attorney Austgen so that it could be published.

C. ORDINANCE #1591, AN ORDINANCE TO VACATE A PARCEL OF RIGHT-OF-WAY, PETITIONER, ST. JOHN EVANGELIST CHURCH.

Mr. Forbes noted that Ordinance #1590, is an ordinance to vacate a parcel of right-of-way, Petitioner, St. John Evangelist Church. Mr. Forbes noted that this parcel was a small corner of the parking lot located 93rd Avenue and US Route 41. Mr. Forbes stated that there were no issues anticipated with the vacation of this parcel. He asked if there were any questions. There were no questions.

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1591, along with an authorization to sign the mylar(s) and have the Vice-President of the Town Council attest to the signature on the mylar(s). "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (3/0/1). Ayes --- three. Nays --- none. Mr. Gembala abstained.

REPORTS AND CORRESPONDENCE:
Mr. Forbes moved on to Reports and Correspondence.

TOWN COUNCIL:
Mr. Gembala had no report.

Mr. Volk had no report.

Mr. Bustamante made a motion to appoint both Kevin J. Vana and Charles G. Sawyer to sit on the Police Commission. He explained that Mr. Vana will replace Mr. Frank Chappranda and finish his term on the Police Commission and Mr. Sawyer will replace Mr. Ron Vale and finish his term.

Mr. Forbes asked if there was any conversation or discussion on Mr. Bustamante’s motion. There was no discussion. Mr. Forbes asked for a second. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Mr. Forbes directed Mr. Kil to notify the individuals of their appointment to the Police Commission. Mr. Kil stated that he would send the gentlemen a letter verifying their appointment to the Police Commission by the Town Council. Mr. Kil stated that the gentlemen would have to be sworn in before they could commence their duties on the Police Commission.

(General discussion ensued.)

Mr. Forbes remarked that the Town’s road project is moving along very well. He stated he traveled down Joliet Street recently where the road has not looked this good in 25 years. He stated he is very happy with the results. Mr. Forbes noted that Patterson is being worked on at the present time. He stated a large number of residents and travelers are affected by the Patterson paving.

Mr. Kil stated that there is a little striping left to be done on Joliet Street. He stated Patterson should be done by the end of the month, possibly earlier, weather permitting. Mr. Kil informed the Council that the plan is to do road repair on one-half of the southwest quadrant of Town. He stated everything north of Bull Run will be done, and then the road repair will shut down for the season. Mr. Kil explained that once the temperature drops below 45 degrees it is not conducive to quality asphalt.

(General discussion ensued.)

Mr. Forbes expressed his deep appreciation to the St. John Fire Department and the Lake Hills Fire Department for taking the time to come and do a walk-through at the Haunted House. He stated that that this adds to his comfort level in the operation of the Haunted House.

(General discussion ensued.)

Mr. Gembala commended the Police, Fire and Public Works Departments for a job well done at the open house. He acknowledged the hard work that goes into preparing for the open house.

CLERK-TREASURER:
Ms. Sury was absent.

ATTORNEY’S REPORT:
Attorney Austgen stated he had documents pertaining to the purchase of the Police and Fire radio equipment and the lease purchase financing. He explained that Mr. Kil has negotiated a financing package with First Financial Equipment.

(General discussion ensued.)

Attorney Austgen stated that he was informed by the lender-representative that the Barnes & Thornburg law firm is the counsel that is used by them to prepare loan documentation. He noted that Barnes & Thornburg is the Town’s bond counsel. Attorney Austgen stated that Barnes & Thornburg has asked for the Council to consider authorization for a Waiver of Conflict for this particular transaction. Attorney Austgen recommended that the Council approve the Waiver of Conflict for Barnes & Thornburg.

Mr. Forbes noted that he would entertain a motion to authorize a Waiver of Conflict for Barnes & Thornburg related to the police and fire radio financing. Mr. Volk made a motion to authorize the Waiver of Conflict for Barnes & Thornburg related to the police and fire radio financing matter. Mr. Gembala seconded the motion. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Attorney Austgen informed the Council that Mr. Kil has been working extensively on the Meyer/LC Plaza project on US Route 41 across from Lake Central High School. He noted that the parcels that were targeted for eminent domain acquisition have been reviewed by the court-appointed panel of appraisers. He stated that the court-appointed panel returned a valuation report of $745,000. Attorney Austgen noted that the panel’s valuation report was higher by approximately $138,000 than the offer valuation.

Attorney Austgen noted that the court-appointed panel is comprised of top notch, certified appraisers. He stated that in order for the Town to acquire this land and participate with the developer in the co-venture improvement and development of the parcel, a public meeting must be held. Attorney Austgen stated that the Council must authorize acceptance of the court-appointed panel appraisals at the public meeting and authorize payment for the same.

(General discussion ensued.)

Mr. Gembala stated that this project would eliminate a hazardous traffic situation if a signal is incorporated into the development. He remarked that individuals using the shopping mall and located in the residences in this area are faced with danger when trying to exit onto US Route 41.

Mr. Kil stated that this proposed project/development will consist of the construction of a frontage road and associated improvements to the traffic signal at Lake Central. He stated these proposed improvements will present an abundance of benefits to the Town residents; for example, the development may facilitate further development in this area of US Route 41, and also my spur the start of a frontage road system that would start at 85th Avenue and run to Lake Central Drive. He stated although the appraisal was a little higher than anticipated there is money in the T.I.F. account available for this project.

Mr. Forbes stated he would entertain a motion to accept the appraisals generated by the court-appointed panel and authorize payment of the same. Mr. Forbes asked if there were any questions. There were no questions.

(General discussion ensued.)

Mr. Gembala made a motion to acknowledge receipt of the report(s) from the panel of appraisals and authorize that payment be made to the court in the amount of $745,000 for purchase of the property. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

TOWN MANAGER:
Mr. Kil asked the Board to authorize a $10,000 transfer from the Haunted House fund to the Christmas in the Park fund.

Mr. Forbes asked for a motion to authorize transfer of $10,000 from the Haunted House fund to the Christmas in the Park fund. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Mr. Kil informed the Council that Lift Station #5, located by Prairie West Park, needs a new back-up generator. He stated the back-up generator is from 1980, and cannot be repaired anymore.

Mr. Kil requested that the Council authorize funds for the replacement of the generator along with associated labor to replace the same in an amount not to exceed $49,310.00. Mr. Kil stated it is important to get the generator back in service promptly.

(General discussion ensued.)

Mr. Forbes asked for a motion to authorize funds for the replacement of the back-up generator in an amount not to exceed $49,310.00. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

STAFF:
Chief Willman had no report.

Chief Frego had no report.

PUBLIC COMMENT:
Mr. Forbes opened the floor for public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:
Mr. Forbes stated he would entertain a motion to adjourn the meeting. Mr. Gembala made a motion to adjourn. Mr. Volk 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