St. John Indiana - Founded 1837
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March 26, 2015 Town Council Minutes

Michael Forbes, PresidentAttorney David Austgen
Larry Bustamante, Vice-PresidentSteve Kil, Town Manager
Gregory Volk 
Mark Barenie 
Ken Gembala 

CALL TO ORDER:
Mr. Forbes called the March 26, 2015, regular meeting of the St. John Town Council to order at 8:06 p.m.

(The Pledge of Allegiance was said.)

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

APPROVAL OF MINUTES:
FEBRUARY 26, 2015 REGULAR SESSION

Mr. Forbes noted the minutes for the regular Town Council meeting on February 26, 2015, were before the Council for their approval. He asked if there were any questions, comments or changes to the minutes. The councilmen had no questions, comments or changes.

Mr. Forbes stated he would entertain a motion on the minutes. Mr. Bustamante made a motion to approve the regular meeting minutes of February 26, 2015, as submitted. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0/2). Ayes --- three. Nays --- none. Abstain --- two. Mr. Gembala and Mr. Barenie abstained from the vote.

NEW BUSINESS:
A. CONSIDER ORDINANCE NO. 1602 (SECOND READING), AMENDING 2015 SALARY ORDINANCE.

Mr. Forbes noted the first item under New Business for the Council’s consideration and action was Ordinance Number 1602, second reading, amending 2015 salary ordinance.

Mr. Forbes asked the Council for a motion. Mr. Gembala made a motion to defer this matter. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. CONSIDER BID AWARD FOR LAKE CENTRAL DRIVE CONSTRUCTION PROJECT.

Mr. Forbes noted the next item on the agenda for the Council’s action was to consider the bid award for the Lake Central Drive construction project. He stated there was a recommendation to award the project to Walsh & Kelly in the amount of $332,046.62. Mr. Forbes noted Walsh & Kelly were the lowest and most responsive bidder.

Mr. Forbes asked if there were any questions or comments from the Council. The councilmen had no questions.

Mr. Kraus, town engineer, Haas & Associates, was present in the audience. He stated that he had reviewed the Lake Central Drive construction project bids, and he recommended that the bid be awarded to Walsh & Kelly.

Mr. Forbes stated he would entertain a motion. Mr. Volk made a motion to award the Lake Central Drive construction project to Walsh & Kelly. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes stated that since Ken Kraus was present, he would like to discuss the Lake Central Drive construction project, specifically the design of the intersection. Mr. Forbes noted that the Lake Central Drive construction project design plans call for an island in the turn area of the project. He stated the island’s purpose is to serve as a staging area for pedestrians who will use the cross walk in this area.

Mr. Kraus informed the Council that First Group has been working on this project, He stated according to Denny Cobb, INDOT representatives recommended the location of the staging area/island as the safest way to handle the cross walk. Mr. Kraus stated that his recommendation was to place the cross walk at the north side of the intersection but this location had presented some timing problems wherein left turns coming out of Lake Central High School would have added too much time to the wait.

Mr. Kraus stated based on several factors and not being privy to all of the factors, Mr. Cobb was to meet with INDOT representatives again to ascertain if there was a way to re-locate the cross walk to either the north or south side of the intersection in lieu of the pedestrian island.

(General discussion ensued.)

Mr. Kil put the drawing of the proposed pedestrian island on the media screen for the Council’s perusal. Mr. Forbes commented that he finds the location of the pedestrian island to be very problematic. Mr. Forbes asked if relocating the sensors that trigger the traffic signal was an option.

Mr. Kraus stated relocation of the traffic signal sensors was one of the reasons the pedestrian island was opted for, as the sensors for the northbound traffic would not have to be changed. Mr. Kraus stated if the proposed cross walk was moved to the south side of the intersection, all of the traffic control sensors would have to be relocated back far enough so the cross walk and the stop bars would not interfere with the same.

(General discussion ensued.)

Mr. Forbes commented whatever needs to be done, the pedestrian cross walk proposed by INDOT needs to be addressed. He stated if the relocation of the traffic control signal sensors is the only impediment to moving the cross walk, the Council should consider absorbing the cost. Mr. Gembala noted the relocation of the pedestrian island would be a safer alternative. Mr. Kil stated that INDOT has been informed that the Town would be willing to absorb the cost of moving traffic signal sensors, but so far INDOT has refused.

Mr. Forbes stated he wanted to ensure that the Council was completely informed of the location of the proposed cross walk/pedestrian island approved by INDOT. He stated that the cross walk will most likely be much used by high school students, and the Town cannot offer a target like the one proposed.

Mr. Kil will continue to negotiate with INDOT on this matter.

C. CONSIDER AAPPROVAL FOR UPDATES TO THE COMPREHENSIVE PLAN AND THOROUGHFARE PLAN.

Mr. Forbes noted the next item for the Council’s review is to consider approval for updates to the Comprehensive Plan and Thoroughfare Plan. He stated there has been some discussion of this matter at the Plan Commission. Mr. Forbes noted that the Town’s Comprehensive Master Plan is approximately ten years old.

Mr. Forbes noted that the Comprehensive Master Plan and Thoroughfare Plan reflect the Town’s vision. He stated that any developer who intends to build in Town should be guided by and conform to these plans as much as possible. Mr. Forbes stated that the plans need to be updated on a regular basis.

(General discussion ensued.)

Mr. Gembala made a motion to authorize Solomon, Cordwell & Buenz to proceed with an update of the Town’s Comprehensive Master Plan in an amount not to exceed $49,000.00. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he would entertain a motion to authorize First Group Engineering to proceed with an update of the Thoroughfare Plan. Mr. Gembala made a motion to authorize First Group to update the Thoroughfare Plan not to exceed $17,000.00. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

D. CONSIDER ORDINANCE NO. 1603, AN ORDINANCE ESTABLISHING A TEMPORARY FEE PAYMENT DEFERRAL POLICY FOR THE 2015 PARADE OF HOMES.

Mr. Forbes noted the next item was to consider Ordinance Number 1603, an ordinance establishing a temporary fee payment deferral policy for the 2015 Parade of Homes. Mr. Forbes stated developer, John Lotton, approached the Builders Association, who is responsible for the Parade of Homes, and convinced them that it is time to bring the Parade of Homes back together in one subdivision in lieu of the scattered site Parade of Homes.

Mr. Forbes stated in order to entice more builders to participate in the Parade of Homes, Mr. Lotton has proposed that the Town defer all of the permitting fees until the time that a Certificate of Occupancy is granted and/or one year from the time of the building of the house. Mr. Forbes noted that the temporary fee payment deferral is specifically to be applied to the 2015 Parade of Homes.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion on Ordinance Number 1603 on first reading. “So moved,” by Mr. Bustamante. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1603. “So moved,” by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

REPORTS AND CORRESPONDENCE:
TOWN COUNCIL:

Mr. Barenie had no comments.

Mr. Bustamante asked if Attorney Austgen had made any headway on the snow ordinance. Attorney Austgen stated he is working on a draft copy of the snow ordinance.

Mr. Gembala commended the Public Works Department for the great job they did in keeping the streets salted and cleaned during a difficult winter.

Mr. Volk had no comments.

Mr. Forbes had no comments.

CLERK-TREASURER:
There was no report from the Clerk-Treasurer’s office.

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

TOWN MANAGER:
Mr. Kil informed the Board that Mr. Chip Sobek has requested payment for costs associated with the splash pad installation at Heron Lake Park, as follows: electrical vault hook-up, plumbing and concrete in the amount of $46,750.00. He stated this project must be started immediately in order to be ready for summer. Mr. Kil asked the Council to authorize the $46,750.00 payment.

Mr. Bustamante made a motion to authorize payment of $46,750.00 to Rex Source for the installation and/or repairs to the splash pad at Heron Lake Park. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Chief Frego presented the Police Department’s February 1-28, 2015, report to the Council. Chief Frego informed the Council that a new police officer was sworn in earlier in the day.

Chief Willman presented the Fire Department’s February, 2015, report to the Council.

PAYMENT OF BILLS:
Mr. Forbes moved on to payment of the bills for the Corporation. He noted that there were five pages of bills for March 26, 2015, in the amount of $1,275,528.13. He asked if there were any questions on the bills. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on payment of the bills. Mr. Gembala made a motion to pay the general APVs listed for March 26, 2015, pages 1 through 5, in the amount of $1,275,528.13. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

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

Mr. Adrian Bugariu, 11747 West 90th Avenue:
Mr. Bugariu stated he has made many requests and he demands that a Chief Frego, Steve Kil, Larry Bustamante and Mike Forbes be “removed from our town.” Mr. Bugariu stated attention should be paid to what he wrote ten years ago, nine years ago, five years ago and just recently they would not have had this problem. He stated that bribing lawyers, witnesses and neighbors is a federal offense.

Mr. Forbes called for additional public comment.

John Rainwater, 8737 North Oakwood Drive:
Mr. Rainwater asked about the street paving project for 2015. Mr. Forbes responded that the street paving agenda is listed on the Town’s website. Mr. Forbes noted that half of the road project remains to be done. He stated that as soon as the weather breaks, the road paving project will commence.

Mr. Rainwater remarked that north, south and west Oakwood Drive at the entrance to the subdivision had two inches of black top ground off eight to ten years ago and two inches were put back on top. He stated the road is now disintegrating. Mr. Forbes remarked after a road assessment performed by the Town’s engineer, it was determined which roads in Town were to be paved first. Mr. Forbes stated he was not sure if Oakwood Drive was included in the road project.

(General discussion ensued.)

Mr. Forbes noted that Oakwood Drive was not on the road paving list at the present time. He stated that the Town’s engineer has determined “worst roads to best roads” and the worst roads have been slated to be repaired first.

Mr. Kil informed Mr. Rainwater that his road would probably not be done this year, but it will be addressed in the future.

Mr. Rainwater recommended that the Town implement some “garbage can etiquette.” He stated twenty-five percent of his subdivision have blue garbage cans in front of their homes. Mr. Kil stated that a friendly reminder message could be sent out on the water bill.

Mary Therese Robert, 11990 Heron Lake Road:
Mrs. Robert asked the Council members why St. John is the only town that has not signed an ethics code. Mr. Forbes informed Mrs. Robert that the Council intends to invite Mr. Cal Bellamy back before the Council for further discussion on this matter.

Mrs. Robert asked why the town officials involved in the “recent dilemma” are not on administrative leave. Mr. Forbes stated this matter could not be discussed.

Mrs. Robert submitted a list of points to the Council for their perusal. She stated she will be attending the meetings, and the Council could chose whatever point they wanted to discuss. She stated she hoped to see some things accomplished.

Mr. Forbes called for additional public comment.

Mr. Adrian Bugariu, 11747 West 90th Avenue:
Mr. Bugariu stated with regard to the snow removal, on West 90th Avenue, his house was the only house where the snow plow left two feet of snow in the street from the curb. He stated this snow was left in front of his mail box. He stated snow was plowed approximately three to four feet into his drive way also.

Mr. Bugariu stated the Town probably wanted him to clean the snow by himself and maybe die so they could be rid of a bad guy. He stated the snow plow came last Monday and his garbage can and recycling bin were pushed approximately two feet inside of his driveway.

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. Volk. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none. (The meeting was adjourned at 8:44 p.m.)

A TRUE COPY

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