St. John Indiana - Founded 1837
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October 22, 2015 Town Council Minutes

Michael Forbes, PresidentAttorney David Austgen
Larry Bustamante, Vice-PresidentSteve Kil, Town Manager
Gregory VolkClerk Treasurer, Sherry Sury
Mark Barenie 
Ken Gembala 

CALL TO ORDER:
Mr. Forbes called the October 22, 2015, regular meeting of the St. John Town Council to order at 7:18 p.m.

(The Pledge of Allegiance was said.)

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

APPROVAL OF MINUTES:
SEPTEMBER 24, 2015, REGULAR MEETING MINUTES

Mr. Forbes noted the first item on the agenda for the Council’s attention were the meeting minutes for September 24, 2015. He asked if there were any questions on the September 24, 2015, meeting minutes. There were no questions.

Mr. Forbes stated he would entertain a motion to approve the minutes. Mr. Gembala made a motion to approve the September 24, 2015, meeting minutes as posed. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

OLD BUSINESS

A. ORDINANCE NO. 1613, ST. JOHN MUNICIPAL BUDGET.

Mr. Forbes announced the next item on the agenda is Ordinance Number 1613, St. John 2016 Municipal Budget. He stated that total adopted budget will be $8,824,583.00. He asked if there were any questions on the budget. There were no questions on the budget.

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1613. “So moved,” by Mr. Barenie. 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. Bustamante abstained from the vote.

NEW BUSINESS

A. AWARD OF SEALED BIDS FOR TOWN-OWNED VEHICLES.

Mr. Forbes noted under New Business the Award of Sealed Bids for Town-Owned Vehicles was the next item for the Council’s attention. Mr. Forbes asked Attorney Austgen about the tie bid that came in. Attorney Austgen responded that this matter had resolved itself as one of the co-tie bidders withdrew from the process. Attorney Austgen stated that the Council could award the bid to the remaining bidder if they deemed it appropriate.

(General discussion ensued.)

Mr. Kil recommended that each vehicle be awarded to the high bidder. Mr. Forbes asked if there was any further discussion. There was no further discussion.

Mr. Forbes stated he would entertain a motion to award the vehicles to the highest bidders. “So moved,” by Mr. Bustamante. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. CONSIDER VARIANCE OF USE FOR WELLMAN’S DRIVE WHOLESALE (FAVORABLE RECOMMENDATION FROM THE BOARD OF ZONING APPEALS)

Mr. Forbes moved on to the next item on the agenda, Consider Variance of Use for Wellman’s Drive Wholesale. He stated that the item came with a favorable recommendation from the Board of Zoning Appeals. He asked Mr. Kil to elaborate on this matter.

Mr. Kil stated that the gentleman who owned Wellman’s Drive Wholesale was present in the audience tonight. He asked Mr. Wellman to step forward and give the Council a brief description of his plans for this location.

Mr. Wellman appeared before the Board. He stated that he is a St. John resident, living at 8882 Winding Trail. Mr. Wellman stated he is looking to purchase the building at 9119 Wicker Avenue. He stated he will utilize this space for his wholesale automotive business.

Mr. Wellman stated that the BZA has set forth certain stipulations for the use of the property at 9119 Wicker Avenue. Mr. Wellman explained the first stipulation is privacy fencing must be erected on the south and east sides of the business. He stated, secondly, the BZA stipulated that he could install posts with a gate on the front of the property on the northeast side of the parking lot.

(General discussion ensued.)

Mr. Wellman stated he is not looking for a retail location. He stated he has run a wholesale automotive business for almost nine years, and 99 percent of his business is wholesale. Mr. Wellman stated he was looking to purchase a piece of property and he would like to purchase and use this particular building because of its size.

(General discussion ensued.)

Mr. Wellman stated he will put up a sign because the State requires one. He stated he will need a sign on the building.

Mr. Forbes asked if there was any further discussion. There was no further discussion. Mr. Forbes stated he would entertain a motion to grant or deny the variance. Mr. Barenie made a motion to approve the variance of use and incorporate the findings of fact from the Board of Zoning Appeals. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

REPORTS AND CORRESPONDENCE:
TOWN COUNCIL:

Mr. Forbes moved on to Reports and Correspondence.

Mr. Gembala had nothing to report.

Mr. Volk had nothing to report.

Mr. Bustamante asked Ms. Sury if she would be in her office on Friday.

(General discussion ensued.)

Mr. Bustamante stated that there would be a few people ready to pick up their vehicles on Friday.

Mr. Barenie had no reports.

CLERK-TREASURER:
Ms. Sury asked permission of the Council to release a check for an annexation refund. She stated this voucher is on the docket.

(General discussion ensued.)

ATTORNEY’S REPORT:
Attorney Austgen had no reports.

TOWN MANAGER:
Mr. Kil announced that the Plan Commission has sent a favorable recommendation to the Council to reduce a letter of credit for Kilkenny Estates, Unit 4, Block 1, from $283,949.60 to $17,500.00. He stated if the Council would act on this matter, it will be taken care of on Friday for Mr. James.

Mr. Forbes stated he would entertain on the reduction of the letter of credit for Kilkenny Estates, Unit 4, Block 1. “So moved,” by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

* * * * * *

Chief Fred Willman presented the Fire Department’s September, 2015, monthly report to the Council.

Chief Fred Frego presented the Fire Department’s September 1-30, 2015, monthly report to the Council.

Chief Frego commended all of the police officers from St. John and the Lake County Sheriff’s Department for their tremendous response to the armed robbery that took place a few weeks ago in St. John. He stated that a suspect was apprehended approximately an hour and a half after the robbery.

Mr. Gembala thanked both Chief Willman and Chief Frego on the successful open house held on October 3, 2015.

Mr. Forbes stated he would present a Request to Purchase before moving on to payment of the bills. He stated the Request to Purchase is in the amount of $236,950.00 for an order to Underground Pipe and Valve for 770 water meters, 203 quarter-inch meters, 550 one inch meters and the registration of the same. Mr. Forbes asked if there were any questions on the Request to Purchase.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to authorize the Request to Purchase in the amount of $236,950.00. Mr. Volk made a motion to authorize the Request to Purchase. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

PAYMENT OF BILLS:
Mr. Forbes moved on to payment of the bills for the Corporation.

He noted that the five-page docket reflected the amount of $1,278,880.19 He asked if there were any questions on the bills. There were no questions.

Mr. Forbes stated he would entertain a motion on payment of the bills. “So moved,” by Mr. Bustamante. Mr. Volk 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. He asked anyone wishing to speak to provide their name and address for the record.

P U B L I C C O M M E N T

Edmund Dennis Michelchevski, 12104 West 95th Place:
Mr. Michelchevski stated he has been a resident of St. John for almost 28 years. He stated that the Town recently passed an ordinance prohibiting RVs from being parked in residential driveways beginning in the month of October; he does not agree with the ordinance. Mr. Michelchevski stated that when you’re an RV owner, time is needed to clean out and winterize the vehicle right around this time of year (October.).

Mr. Michelchevski stated that the month of October is one of the best times of the year to go camping. He stated the month of October is also the time of year when he needs the time to park his RV in the driveway to prepare it for winter, and it takes a few days to do this. Mr. Michelchevski stated he would like to see this ordinance revisited and changed to include the month of October.

(General discussion ensued.)

Mr. Kil recommended that Mr. Michelchevski consult Chief Frego and obtain a temporary permit in order to park his RV at his residence, which would help him this year.

Mr. Kil stated that the ordinance will have to be presented to the Plan Commission because it is within this body’s authority to amend this ordinance.

Attorney Austgen informed the Council that they had the authority tonight to stay the enforcement of the ordinance in the month of October as indicated by Mr. Michelchevski. Mr. Forbes stated he wasn’t inclined to stay the ordinance for the month of October as he thought it would be problematic. Mr. Forbes requested that Mr. Michelchevski seek a temporary permit through the Police Department to park his RV in his driveway.

Mr. Adrian Bugariu, 11747 West 90th Avenue:
Mr. Bugariu stated, “I demand the immediate firing of Chief Frego. No $35,000.00 for him to retire in December.” He also demanded the firing of Steve Kil and Attorney Austgen. Mr. Bugariu asked that Mr. Bustamante and Mr. Forbes to resign.

Mr. Bugariu stated in 2007, his house was illegally sold in an attempt to get him out of St. John. Jerry Tiebel, Vice-President of the Town Council, at the time come by his property and mark all of the bushes in red from West 90th to all of the way out past the back of his house, and these bushes were removed from his lot and from the park.

Mr. Bugariu stated, “When, you, Frego and the other guys are coming to pass me out and maybe even kill me,” they had passes from the front or the back of his residence. He demanded these people to be taken out of their positions.

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. “So moved,” by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none. (The meeting was adjourned at 8:32 p.m.)

A TRUE COPY

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