Mr. Pearson nominated Ms. Teibel as Vice-President of the Town Council. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Barenie motioned for Clarence Monix to remain on the Board of Zoning Appeals. Seconded by Ms. Teibel. Motion unanimously passed.
Ms. Teibel motioned to retain Steve Kil and John Mainwaring, and to add Joe Wachowski to the Plan Commission. Seconded by Mr. Pearson. Motion unanimously passed.
Ms. Teibel motioned to appoint Carl Thomsen to the Park Board. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Barenie motioned to retain William Dodaro and Robert Long on the Police Commission. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 abstention by Mr. Fryzel.
Ms. Teibel motioned to retain George Gawrys, Lyle Carlson and Daniel Bielski to the Planning, Development & Advisory Committee. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Pearson motioned that the Town Council members continue to serve as members of the Redevelopment Commission. Seconded by Mr. Barenie. Motion unanimously passed.
Ms. Teibel motioned to retain Alex Monanteras for the Sanitary and Waterworks Districts. Seconded by Mr. Pearson. Motion unanimously passed.
Ms. Teibel motioned to retain the firm of Austgen Kuiper & Associates to represent the Police Commission. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 abstention by Mr. Fryzel.
(Sanitary & Waterworks District Attorney – the Sanitary & Waterworks District voted to retain the firm of Wieser Sterba & Wyllie to represent the District in 2007 during their January 15, 2007 regular meeting.)
Ms. Teibel motioned to retain Robinson Engineering as Town Engineer. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Fryzel stated that the appointments would remain the same as last year and announced the assignments:
Mr. Volk - Planning Commission and Board of Zoning Appeal
Mr. Fryzel – Fire Department, Public Works
Mr. Pearson – Lake County Solid Waste District, Police Commission
Ms. Sury – NIRPC
Mr. Barenie – Park Board
Ms. Teibel – Sanitary/Waterworks Districts
Ms. Teibel motioned to approve the service agreement in the amount not to exceed $60,000.00 for a survey from White Oak Avenue to U.S. 41 and $77,500.00 for design from Olcott Avenue to U.S. 41 to be paid from the Cumulative Capital Accounts. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Kil stated that the Plan Commission is about half way through its review of the new Zoning Ordinance and remains a priority. He also mentioned that the IURC hearing would be held the end of this month.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Opening Remarks – Attorney James L. Wieser stated that he represents Relentless LLC owned by Lee Milazzo. He provided an overview of Mr. Milazzo’s business, Perm Industries; his canning product is distributed worldwide, needs to expand his business and is requesting a tax abatement.
Town Council Comments – Mr. Volk questioned the length of time for the tax abatement granted to Perm Industries. Mr. Wieser provided an overview of the ten-year period of the tax abatement. Discussion ensued.
Open to the floor – Mr. Michael Forbes, 12466 W. 105th Place, inquired if this was for new construction and the length of the tax abatement. It was stated that this was for new construction and the tax abatement would be for five years.
Ms. Teibel motioned to adopt Resolution #07-01-25. Seconded by Mr. Pearson. Ms. Teibel amended the motion to grant a 5-year abatement in Section 4. Seconded by Mr. Pearson. Motion passed with 4 ayes and 1 nay by Mr. Volk.
Ms. Teibel motioned to take the bids under advisement. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Pharazyn mentioned that the Town of Schererville has had some problems with the water distribution system. The Schererville Town Manager told him their biggest problem was notifying all the effected homeowners and is thinking about using e-mail address’s to notify residents in such situations. Mr. Pharazyn suggested that St. John do the same. Discussion ensued.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Opening Remarks - None
Town Council Comments – None
Open to the Floor – No one
Closed to the Floor
Motion to adopt Ordinance #1440 (with effective date of March 15, 2007) - Mr. Pearson motioned to adopt Ordinance #1440. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Pharazyn stated that he met with the engineer and INDOT regarding the intersection reconstruction project at 93rd and US #41. They are out to bid and plan to start the project mid-April with some preliminary storm sewer work. He did not receive an end date. An overview of the project and letting process was provided and he referenced our involvement in the utility work that needed to be done along with the replacement of the water main that presently sits under US #41. They are going to widen the intersection; all four legs to allow for turn lanes (93rd and US#41) and the intersection resurfaced and re-striped. A request has also been made for a by-directional turn lane up to the bridge. Discussion ensued regarding the plan to enlarge the pond for improved drainage at Prairie West Park (southeast corner of the pond). Mr. Pharazyn also mentioned that he is presently seeking proposals to complete the 93rd Avenue ditch elimination project, this is the fourth phase of the project. Discussion ensued.
Chief Frego mentioned that this past Tuesday, February 20th, was the 36th anniversary of the death of Town Marshall James Larimer and Indiana State Trooper John Streu. Chief Frego summarized the events of their deaths behind Kolling School while investigating a suspicious vehicle. The ceremony that was held in front of the Town Hall was also summarized along with recognition of the attendees Mr. Tuley, advocate for the parole hearings, and the widow of Marshall Larimer. Chief Frego stated that he plans on having a ceremony every year on the anniversary date in remembrance of these two fallen officers.
Mr. Austgen suggested that the new Police Station have a plaque or some form of recognition for the fallen officers. Discussion ensued. Ms. Teibel mentioned the plans for the history brick pathway (made from bricks from the old Police Department) that will be in front of the safety building and stated that the first brick installed will be in honor of Marshal Larimer. An update on the purchase of history bricks would be forthcoming.
Chief Willman thanked the Council for the 5% increase in the fire service contract with the St. John Township Trustee’s Office and also asked that a plaque be placed in recognition of a fireman killed in the line of duty. Discussion ensued regarding the plaques to be erected.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Fryzel called the meeting to order at 7:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President, Gregory Volk, Member, Charles Pearson, Member, Mark Barenie, Member, David Austgen, Attorney, Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present was Fred Frego, Police Chief, Fred Willman, Fire Chief, and John Mainwaring, Code Enforcement Officer. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Parks & Recreation Superintendent.
Proofs of Publication – Attorney Austgen confirmed that the Proofs of Publication were in order and published in a timely manner in the Post Tribune and The Times, one time each paper on March 1st and that the hearing could be conducted.
Opening Remarks - None
Town Council Comments – None
Open to the Floor – None
Mr. Pearson motioned to adopt Ordinance #1443. Seconded by Ms. Teibel. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
The Girl Scout Troop opened the meeting with a Flag Ceremony and lead the Pledge of Allegiance. Mr. Fryzel called the meeting to order at 7:00 P.M.
Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Tim Kuiper for David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were: Fred Frego, Police Chief; Fred Willman, Fire Chief; Bob Pharazyn, Public Works Director; Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer. Absent was Member Mark Barenie.
Ms. Teibel motioned to adopt Ordinance #1444. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Clerk-Treasurer – Ms. Sury stated that she received a “thank you letter” from the American Red Cross for the support they have received from the community’s blood donations and she wanted to thank the residents that continue to respond. Ms. Sury stated that the increased community participation was 10% compared to 2005 and that was due to the posting of the information on the monthly water bills.
Mr. Sobek stated that the donations for the Easter Egg Hunt were substantial, volleyball registration starts this Saturday and that registration for the Volleyball Summer Camp begins on Wednesday at Kolling School.
Mr. Mainwaring mentioned that notifications were sent out Saturday to builders that needed silt fencing.
Sharon Pacific, 11423 State Line Road, Dyer – asked how an ordinance could be passed regarding water and sewer service without notification. Mr. Fryzel said that there would be a meeting on April 3rd at 7:00 p.m. and everything would be explained at that meeting.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Opening Remarks – Mr. Kil read the opening remarks and asked that the Opening Remarks, Affirmative Action Plan Adoption, Section 3 Understanding Form and Resolution #07-04-19 be incorporated into the record.
One of the application requirements is to hold public hearings in the communities where CDBG funding is allocated in order to obtain input from the local citizens on the proposed use(s) of the new funding. For FY2007, the Town of St. John CDBG allocation is $29,050.00.
The most common use of CDBG funds is for infrastructure, including street reconstructions, sanitary sewers, water line extensions, storm drainage improvements, sidewalks, and projects to remove architectural barriers (handicapped access), such as curb cuts and wheelchair ramps. CDBG funds may also be used to eliminate slums and blight through demolition of unsafe buildings or other clearance activities.
CDBG funded infrastructure projects may only be done in areas where the neighborhood is at least 51% low/moderate income according to HUD guidelines. In most cases, an income survey must be done to qualify the area for funding eligibility. The income information taken by the survey is strictly confidential, and is used solely for the purpose of determining the area’s eligibility for CDBG funding.
Handicapped access projects and demolition may be done anywhere in a community, without the need for area income determinations.
The public hearing is just the start of the application process for Lake County. There are a series of legal advertisements and comment periods that take place during the summer, prior to final grant approval from HUD in late August. New CDBG funding is released to the County and its entitlement communities on or around September 1st and needs to be expended by June 13th of the following year.
After public comment tonight, three documents need to be read and adopted: the Affirmative Action Program, Section 3 Understanding, and a Resolution authorizing the City/Town Executive to submit a project proposal for CDBG funding.
Finally Project Applications, and supporting documentation, need to be submitted no later than April 27th for review by Lake County.
The floor is open for comments.
AFFIRMATIVE ACTION PROGRAM
IMPLEMENTING SECTION 3 OF THE
HOUSING AND URBAN DEVELOPMENT ACT OF 1968
SPECIFIC AFFIRMATIVE ACTION STEPS
TOWN OF ST. JOHN agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and project area businesses.
____________________________
Signature
____________________________
Title
CITIZEN PARTICIPATION PLAN
The following is a detailed citizen participation plan which:
LAKE COUNTY, INDIANA
Section 3 Understanding
The U.S. Department of Housing and Urban Development (HUD) issued regulation that provide the directive to creative job opportunities for low-income persons when HUD funds are expended on a construction project. These regulations are known as Section 3 policy. The purpose of the Section 3 policy is to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low-income persons.
Section 3 covered projects are construction, reconstruction, conversion, or rehabilitation of housing, including reduction and abatement of lead based paint hazards, or other public construction which includes building and improvements assisted with HUD housing and community development assistance. Section 3 covered contracts do not include contacts for purchase of supplies and materials. However whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract.
Fund recipients and contractors must show compliance with the numerical goals set forth by the regulations. The numerical goals for new hires apply only to the number of new hires generated because of the financial assistance of the HUD programs. The numerical goals are not absolute numerical requirements. They are goals that each recipient and contractor should try to reach. The goals, if not met, do not trigger sanctions against the recipient or contractor. However, if challenged on the issue of compliance with Section 3, the recipient or contractor should be ready to demonstrate that they tried to reach these goals. The goals are as follows:
Further information regarding these requirements may be found in the Federal Regulations at 24 CFR 135 and the Lake County Section 3 Plan.
I certify that I Have read the information above and understand the Section 3 requirements and numerical goals.
Name: _______________________________________________________
Title: __________________________________________________________
Date: _________________________________________________________
RESOLUTION NUMBER 07-04-19
A RESOLUTION AUTHORIZING AND DIRECTING
THE TOWN COUNCIL PRESIDENT OF THE TOWN ST. JOHN TO SUBMIT
A PROJECT PROPOSAL FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR FEDERAL FISCAL YEAR 2007
WHEREAS, under the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended to date, Lake County, Indiana is authorized to provide financial assistance to units of general local government for undertaking and carrying out Community Development activities; and
WHEREAS, it is provided in such Act that the unit of general local government shall provide a satisfactory assurance prior to submission of its Application, that it has held one public hearing to obtain the views of citizens of Community Development needs; and
WHEREAS, the Town of St. John is proposing a product for assistance under the Housing and Community Development Act of 1974, as amended to date, and proposes to undertake and make available a total project cost of Twenty Nine Thousand and Fifty Dollars ($29,050.00); and
WHEREAS, the Town of St. John has held one formal public hearing on the proposed program and has made available to the general public, through the mass media and other sources, information concerning the program; and
WHEREAS, the Town of St. John has general knowledge of the proposed uses of such funds and is cognizant of the conditions that are imposed in the undertaking and carrying out of Community Development activities and undertaking with Federal financial assistance under Title 1, including those prohibiting discrimination because of race, color, creed, sex or national origin;
NOW THEREFORE, BE IT RESOLVED, by the Town of St. John, Indiana:
Section1: That the Town Council President of the Town of St. John, IN is hereby authorized to file a Project proposal for funds under Title 1 of the Housing and Community Development Act of 1974, as amended to date, with Lake County, Indiana and provide all information and assurances as may be necessary under the Act.
____________________________
Town Council President
ST. JOHN TOWN COUNCIL
________________________
________________________
________________________
________________________
ATTEST:
___________________________
Public Comment – None
Ms. Teibel motioned to adopt Resolution # 07-04-19 and direct the Town Council President to submit a project proposal. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Mr. Fryzel asked if anyone had any objections to allocating $4,000 to South Lake Community Services to be used towards the annual fuel expenses for the bus service. Hearing no objections he announced that $4,000 would be allocated to South Lake Community Services to be used towards annual fuel expenses.
Ms. Teibel motioned to adopt Ordinance #1445. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Ms. Teibel motioned to adopt Ordinance #1446. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Fryzel called the meeting to order at 7:02 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President, Gregory Volk, Member, Charles Pearson, Member, Mark Barenie, Member, David Austgen, Attorney, Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were: Fred Frego, Police Chief; Fred Willman, Fire Chief; Bob Pharazyn, Public Works Director; Chip Sobek, Parks & Recreation Superintendent and John Mainwaring, Code Enforcement Officer.
Mr. Kil stated he met with the insurance adjuster and received a follow up letter stating that the Parks Department is doing a great job, sees that nothing needs to be addressed and hopes to see a rate reduction to coincide with that report.
Mr. Kil stated that he also has three invoices that did not make the docket for Red Bud Landscape Services that total $29,800 for work performed at Heartland Park. These invoices are primarily for work at the Girls’ Softball field; pathways, storm sewer restoration, flag poles etc. Mr. Pearson motioned to approve payment of three invoices to Red Bud for a total amount of $29,800. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Sobek stated that the Parks Department is getting into the summer programs; the volleyball program has early registration and has over 100 registrations so far and that the summer brochure would be out shortly within two weeks. Ms. Teibel thanked Mr. Sobek for the great job he did organizing the Easter Egg Hunt and turned a rainy day into a great event.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Pearson motioned to adopt Ordinance #1448. Seconded by Mr. Barenie. Motion unanimously passed.
Ms. Teibel motioned to adopt Ordinance #1449. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Barenie motioned to adopt Ordinance #1450. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Volk also mentioned a letter he received from a resident regarding the recycling cans. Mr. Fryzel stated that he has spoken to the resident and the item is taken care of. Discussion ensued.
Ms. Teibel reminded everyone that the festival is starting to take shape. The parade is on Saturday and that they are still accepting volunteers.
Commander Chapranda reported that the department is going to request the purchase of two cars, through the state bid, and that the special equipment fund will be used for the purchase.
Chief Willman stated the he is excited to move into the new building and thanked the Town Council, the Town Manager, Town Attorney and all the staff.
Ms. Teibel stated that the website is up and running. She thanked Rachel Wilkinson, Fire Department, and Jay Dahlin, Police Department, for all of their help.
Mr. Robert read a portion of the statement (Exhibit A) regarding information requested for the project that included a storm sewer extension that was never completed by the developer, Alex Arzumanian. Discussion ensued.
Mr. Robert inquired about the unfinished streets in his subdivision. Discussion ensued. Mr. Kil questioned if Mr. Robert was addressing the surface course and responded that the town, by general rule, does not want the streets completed until 80% of the subdivision is built out. Discussion ensued regarding the responsibility of the developer.
Mr. Robert also stated that he was in the Building Department today and spoke with the Building Inspector, Tim Foley, regarding a deck a neighbor is putting up. He stated that according to International Residential Code that when a deck is attached to the home it becomes part of the property. Mr. Foley did not agree with that. Mr. Robert added that the deck comes within less than six feet of the property line and the town code is within ten feet of the property line. Mr. Kil replied that this is a zoning ordinance issue and the side building line applies to a structure. The towns zoning ordinance does not consider a deck as part of the main structure. Discussion ensued. Mr. Robert mentioned that when he met with Mr. Foley he was told by Mr. Foley that he was “the Mayor of Heron Lake and he should quit bird dogging the subdivision” in front of several others and he considered that an insult. Discussion ensued.
Mr. Robert also mentioned there are two homes with pools that do not have a fence, one pool was installed last year, discussion ensued. Mr. Fryzel stated that he would follow up on the pool issue.
Ms. Shelley Hintz, 9370 West 89th Avenue – stated that in front of the Plan Commission there is a subdivision, Rose Garden addition, and the issue has become Parrish Avenue. There is a lot of mystery whether Parrish Avenue should be or not. She has compiled informational binders for the Town Council members and would like to present them. Mr. Austgen reminded the council that the Plan Commission has, by Statute, under Indiana Code 36-7-4-701 sec, exclusive jurisdiction over the platting of subdivisions and the circumstances related to it. The information they have received while it is important to them should be passed on to the Plan Commission for the continued review and consideration of that project. Discussion ensued.
Mr. Fryzel amended the agenda to include approval for the Police Department to purchase the vehicles. Ms. Teibel motioned to approve the purchase of two vehicles with the special equipment package by the Police Department in the amount of $42,842.50. Seconded by Mr. Pearson. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Fryzel stated that he wanted to personally purchase something for the Fire Department when they moved into their new facility. He introduced the new mascot, a Dalmatian puppy. Chief Willman named the puppy Jake, after the first Fire Chief whose name was Jacob.
Mr. Pearson motioned to adopt Ordinance #1451. Seconded by Ms. Teibel. Motion unanimously passed.
Shelley Hintz, 9370 W. 89th Avenue – asked if the Grant of Rights for Golfview that were approved included Phase I of the development. Mr. Kil stated that this pertained to the entire development and Mr. Fryzel stated that the development is on the Master Plan for St. John.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Chief Willman stated that three additional paramedic/firefighters have been hired and Sunday morning, at midnight, (pre-hospital care) Advanced Life Support starts. He mentioned they are enjoying their new building.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Forbes stated that he calculated the totals for the Municipal Building Complex based on the total project numbers: Bond $10.4M has been used (excluding the $100,000.00 still in the account) - General Fund Contribution $400,000.00 - Sanitary Board Contribution $350,000.00 - Loan of $1.5M for a total cost $12.65M and asked about the additional $350,000 in the project. Discussion ensued.
Mr. Kil stated that the applied interest is about $183,000 left in the bond account. He added that Ken is calculating that there will be about $490,000 remaining at the completion of the project and there are also some variables to be finished. Discussion ensued.
Mr. Fryzel stated that when Mr. Forbes was on the Council and as Council President in 2003, the council could not get past the semantics of naming the building let alone to build it. In the time it took them to go back and forth what to name the complex, Mr. Forbes interrupted saying this was personal. Mr. Fryzel said it is not personal, he is showing what he did not do as a council member and what it is costing the community today. If they would have acted back then to build these buildings he could have saved the community about $1.6M. He also mentioned that they have had to deal with the escalating prices of lumber after Katrina, so there’s a difference of about $1.6M if it was done 4 years ago. Mr. Forbes said he merely asked a question about the money and Mr. Fryzel still has not answered the question. Mr. Fryzel stated that they are at $11.2M and that is what the Town Manager told Mr. Volk. Mr. Forbes said that in October, 2004 Mr. Fryzel said this project would not go over $7M, Mr. Fryzel countered that Mr. Forbes is wrong, he said $8.5M. Mr. Forbes stated that $750,000 of the bond was to go to boy’s baseball for the building of the ball fields and a percentage was to go to the rehab of the Lake Hills community. Mr. Fryzel said that is correct. Mr. Forbes stated that none of that happened. Mr. Fryzel said he believed some money went to Lake Hills and some money went to baseball and asked Mr. Kil. Mr. Kil stated that a substantial amount went to the baseball fields; it was a shared cost with Mr. Olthof. Mr. Forbes said, regardless, they are far over their original proposed budget.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Austgen stated that he is looking for, however, the verification of ownership or the authority of the petitioner. There is a petition for annexation; it is difficult to read. It is hard to tell if it is by the owner or not. Although it does reference Madeline M. Lee with a dating of June 20, 2007, but he is not certain if Madeline M. Lee is Jehovah-Nissi, Incorporated. So some verification of petitioner/owner status would be required.
Finally, he was handed an affidavit by Michael Muenich, who is a well known attorney in the community, related to this matter and specifically with regard to this affidavit, Mr. Muenich acknowledges, under oath, the personal information he has related to this application and subject property.
First, that he is personally familiar with the property immediately south of the intersection of Schillton Drive and West 93rd Avenue in St. John. Two, that he personally observed a notice of public hearing posted immediately south of the intersection of Schillton and West 93rd. He photographed same on August 13th and he provided a copy of same attached to the affidavit. And finally, he indicates in his affidavit that the signs are placed on property owned by Lake County Trust Company as Trustee under Trust 4609 which consists of 47 acres and was previously annexed into the Town of St. John more than 10 years ago.
Mr. Austgen stated that it appears that the subject parcel represented in the petition for annexation is represented to be 27 acres of land. It appears that key numbers are provided with a generic meets and bounds description. None of which has been able to be verified as we sit here. Although it does represent in the petition for annexation that 100% of the owners of the parcel represented are the subject of the petition for annexation. So it appears that some verification of ownership of petitioner status is required; and two, that there is some defect presented by the affidavit of Attorney Muenich with regard to the placement of the notice of public hearing which is, we know, a very substantial notice requirement here in town and is a longstanding legal notice requirement for these type matters and public hearings; and finally, some public hearing documentation, at a minimum, would be required. So facially, there may be some issues.
Mr. Fryzel asked for a show of hands of how many people were at the meeting specifically for the public hearing. Mr. Fryzel asked if the petitioner was present or a representative for the petitioner present. No response was provided and Mr. Fryzel requested that the record reflect that the petitioner or a representative of the petitioner was not present for the public hearing.
Mr. Kil stated that they prepared, as they typically do, a proposed form of ordinance for any petitioner who comes with a 100% consenting petition to the town. For clarification, he did speak with the individual who petitioned for the annexation, she indicated she is not the property owner. Mr. Kil stated that he indicated to her at that time that you couldn’t simply annex property you do not own, you must have Power of Attorney or some other document or evidence of your ability to do that. To the best of his knowledge he does not have that, she never presented that to him. Mr. Austgen asked if Mr. Kil ever received any letter of authorization, power of direction, anything other than what is contained in the file. Mr. Kil stated that he did not possess any other information but that she did speak with him and stated that she wanted to be removed from the agenda. He told her that was not the case; there was an advertised public hearing, that she put a sign out, apparently in the wrong location. Pursuant with any direction from the Town Council, the public hearing would have to proceed.
Mr. Fryzel stated they would first have the town council comments and then the public comment since several people came out tonight for the hearing.
Ms. Teibel stated she would like to stay with the Comprehensive Master Plan. Mr. Barenie and Mr. Volk agreed.
Mr. Kil mentioned that in their conversations with the individual from the State Board of Cemeteries and Funeral Directors, this question was posed to them. It was indicated to him that any governmental assistance or not for profit for a use for something like this is simply unheard of in the industry, the only ones they are aware of are in conjunction with the Catholic Church to the best of their knowledge. These are all for profit entities. He does not know what this company’s intention is.
Mr. Crabtree stated that there is a similar company listed on taxexemptroll.com as a tax-exempt non-profit organization. He asked, if they are tax exempt, what advantage would this have for the Town of St. John. None replied Mr. Fryzel and Ms. Teibel. Mr. Crabtree also asked if the town could buy and annex the property for future park site and to add green space. Mr. Fryzel stated that when this property is annexed sometime in the future it would be as R-1, single family residence, they will follow the Comprehensive Plan. Mr. Austgen added that if a residential development is proposed and approved on that parcel there is a park line dedication requirement in the town code. Discussion ensued regarding green space. Mr. Crabtree asked if the mausoleum would be approved and then fail, would the area then turn into a retail district. Mr. Fryzel confirmed that the area would come in as R-1 residential.
Mr. Dale Andres, 9505 Julia Drive in Bramblewood – asked if there are a lot of wetlands and if they are buildable. Mr. Fryzel stated that there are a lot of wetlands and asked Mr. Kil to respond as to the percentage of the wetland area that is not buildable. Mr. Kil stated that a lot of developers have looked at the property and there is a substantial amount of the property that lies in either the wetland or the designated flood way because it lies adjacent to Bull Run Ditch. Mr. Andres commended the board for staying with their Comprehensive Plan.
Ms. Sheryl Ford, 9423 Hilltop Drive – stated that she was very upset when she heard that a 60,000 square foot cement block would be going up along 93rd Avenue she does not think it would be appropriate for 93rd Avenue. She is tired of all of the new homes coming in; she would like to see the property as open green space with no residents and requested that they reconsider that property even becoming residential.
Mr. Michael Nees, 13411 Randall Drive – asked what is the Town Council’s vision if they are willing to accept a mausoleum. He wanted to express his pleasure that it would always be zoned or come into the town as R-1. He believes the City of St. John has done an excellent job in the growth and in maintaining a very nice community. They have lived here seven years and have enjoyed the growth and are happy it is not going to be a commercial site.
Mr. Fryzel stated that the Comprehensive Plan is a 25-year plan; if a developer comes into town and buys property that is R-1 they cannot stop that developer from building by law. The reason they annex the property is they can control what goes into that area. If the petitioner goes to the county, where the property is currently located, the town has no control over what goes on that property. Discussion ensued.
Mr. Austgen stated that if the petitioners (land owners) come back and followed the proper procedures; there could be another public hearing.
Mr. Bill Dravesky, 9038 Howard Court – asked the Town Council if they ever considered passing a resolution banning the use of a cell phone in a motor vehicle that is moving. Discussion ensued.
Mr. Tom Malsh, 9745 Julia Drive – stated that he was the co-chairman of the Chamber/Rotary Corn Roast last Friday and wanted to thank the town for helping and appreciates their support.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Opening Remarks – None
Town Council comments – None
Open to the Floor for Public Comment – None
Mr. Jim Bennett of J.M. Bennett & Associates, Financial Consultant for the Town of St. John, stated he was at the County Council budget hearing today and he believes they are making an attempt to hold their budget in line so they will not adopt a local option income tax. If they do that it will freeze levies for all units of government in Lake County for 2008. So the growth factor stuff that the council advertised for, which is the normal growth factor, you may not see which will reduce the amount of revenue available to the unit next year. Because they are in fairly decent financial shape at this point and hopefully the reflection from the AV’s that certified the town are close, he doesn’t think it would impact St. John as bad as it would some other communities. He will keep an eye on it and will report back to them.
Closed to the Floor
Ms. Teibel motioned to consider Ordinance #1452 on first reading only. Seconded by Mr. Pearson. Motion unanimously passed.
Public Comment - none
Mr. Barenie motioned to adopt Resolution #07-08-23. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Austgen interjected that just for the record, and so it goes in the minutes, there are publication of notice of additional appropriations for the item you just approved. Indicating there are publisher’s affidavits of The Times and the Post Tribune indicating publication one time in each of those the 8th and the 9th respectively. So the public hearing was properly advertised and your actions are valid and legal.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
He added he has been working with Mr. Sobek, park superintendent, and they feel it is time to revise the five-year Master Plan and the Impact Fee Ordinance, which requires each building permit to pay $800, and some change to the town. Mr. Sobek is working with the Park Board on those two items. Both of these items will come due in May of 2008.
Mr. Kil stated that the town received from FEMA reimbursement money for the snowstorm on February 13, 2007. He referenced the memo he received from Mr. Pharazyn regarding a letter of commendation for Joan in his department; she was responsible for 100% of the reimbursement for this project, which resulted in $35,327.67 refunded back to the town.
Mr. Pharazyn stated that the town’s AM radio station is now on the air, it began broadcasting on Wednesday and currently it is broadcasting the NOAH weather radio information that is fed into the Police Department. Within two weeks they will be tying in the emergency siren system so when the sirens are activated it will play onto the radio station automatically. He added the radio could be used for much, more than weather related situations. The call letters are WWYYD on either 1670 or 1620 AM.
He also mentioned that a 40’ tall blue spruce tree is planted next to the Police Department. It was moved there from the property owned by First Financial Bank and wanted to thank Bill Winterhaler and First Financial Bank. The tree will become the town’s holiday tree or Christmas tree. The tree was originally planted by the Schilling family about 60 years ago when they owned that property.
Police Chief Frego stated that the annual open house would be October 7th in the new building with a dedication ceremony at 2 P.M. There will be entertainment and special souvenirs handed out.
Fire Chief Willman stated that the month of August was an extremely busy month. They responded to ninety requests for emergency service of which 60 were for EMS. They received and gave assistance to surrounding communities. On behalf of the entire fire department he thanked all the members of the Council for their support, cooperation and initiative to make it possible for them to provide and maintain an aggressive, proactive program of public safety to the town and the surrounding towns.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Teibel motioned to place the photograph presented to the Town Council in the vestibule with a brass plaque. Seconded by Mr. Barenie. Motion unanimously passed.
Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman and Code Enforcement Officer, John Mainwaring. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Park Superintendent.
Mr. Kil added the Meadows of St. John Letter of Credit in the amount of $64,986.90, a reduction approved by the Plan Commission. Ms. Teibel motioned to include this letter of credit reduction for $64,986.90. Seconded by Mr. Pearson. Motion unanimously passed.
Authorization to approve the emergency repair on Olcott Avenue and Bull Run Ditch - Ms. Teibel motioned to authorize the drainage project and declare same as an emergency. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Kil also stated that the only meeting in November would be on the 29th due to the Thanksgiving holiday.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Fryzel, Ms. Teibel and Mr. Barenie thanked the employees of the public works department for all the work they did this year. Mr. Pearson thanked the public works, police and fire departments as well.
Ms. Teibel amended the motion to incorporate the findings of fact from the BZA. Seconded by Mr. Barenie. Motion unanimously passed. (Exhibit A)
Mr. Kil asked that Christmas Eve be designated as a holiday as there is very little business that day. He stated that this requires formal action by the Town Council. Mr. Fryzel inquired if this day was designated as a holiday would it become permanent and Mr. Kil responded that if we would do this for this year, we could do an amendment to the personnel policy. Ms. Teibel inquired if New Years’ Eve could also be designated as a holiday. Discussion ensued. Ms. Teibel motioned to declare all day Christmas Eve Day and all day New Years Eve Day as holidays for this year for the town. Seconded by Mr. Pearson. Motion unanimously passed. Mr. Fryzel added that the Police and Fire departments will work those days.
Mr. Pharazyn mentioned they have received a piece of equipment that is required to link the AM radio to the weather alert system. He expects that to be up and running the end of December. He also stated that the sled hill they have been working on would be open for sledding. Mr. Pharazyn stated that they have come up with a temporary solution for the Diary Queen drainage situation and it will be put in place within the next two weeks. Lastly, leaf pick-up was scheduled to end on December 1, because the leaves fell late this year, the leaf pick-up will be extended to Friday, December 7th.
Mr. Kil stated that IDEM gave the permits to fill the land with clay. Mr. Keith added the county told him the developer is using a 2004 TOPO that has not been approved. Mr. Fryzel stated that Mr. Kil would follow up on this matter the next day. Discussion ensued.
Ms. Rita Berg, 10351 Joliet Street – Stated that she would like to address Mr. Pharazyn in regards to her sidewalk. She would like the old section of town to have the sidewalks repaired and have sidewalks put in where there are none. Neighbors are moving because their children have nowhere to play. Mr. Pharazyn stated that he will get updated pricing and see if this can be done this spring. Discussion ensued.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Sury administered the oath of office to the 2008 Town Council members; Mike Fryzel, Mark Barenie and Jerri Teibel. Followed by Joan Kolodziej swearing in Sherry Sury as Clerk-Treasurer.
Mr. Volk asked what the developer’s contribution would be. Mr. Pharazyn responded that for the water treatment plant, the entire amount and for the well, not quite 100% probably 85%. The developers cap on the water tower itself is $1.3 million. The fire station is $400,000, which will be in the planning process this winter with construction to begin the end of the year. Mr. Volk asked if the developer has started making payments on the water tower. Mr. Pharazyn referenced the agreement whereby the utility board would spend their cash on hand first, the Water Board has been tracking the expenses very closely and it is about the time for the developer to start writing checks.
Ms. Teibel motioned to consider Ordinance #1462 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.
Ms. Teibel motioned to adopt Ordinance #1462. Seconded by Mr. Barenie. Motion unanimously passed.
Mr. Pharazyn asked if the easement has been changed. Mr. Austgen stated that he spoke with Mr. Muenich on Monday and he corrected or cleaned up that item.
Ms. Teibel motioned to accept the recommendation of the Waterworks Board and authorize the execution of same. Seconded by Mr. Pearson. Motion unanimously passed.
Mr. Kil referenced the correspondence he received from Mr. Faberbock. Mr. Faberbock looked into the capacity of the lift station and as it sits right now the lift station is using only 12% of its’ capacity, the proposed subdivision will utilize an additional 18%. Mr. Faberbock concluded there is plenty of capacity there. He also spoke with Royce Pumps and even if the lift station had to be upgraded the cost would be about $12,000. The developer has agreed to pay the $12,000 upgrade to the lift station that pumps. This is basically the only issue that exists. Mr. Kil clarified that the development will all be single family. Mr. Volk mentioned that he was not aware of the single-family plan, he just received the package and his concern is that the developer will be going before the County Plan Commission and not the Town Plan Commission. Discussion ensued.
Ms. Teibel motioned to approve the connection to the municipal utilities and the waiver of right to remonstrate against annexation. Seconded by Mr. Pearson. Motion passed with a vote of 4 ayes and 1 nay by Mr. Volk.
Mr. Volk asked if there is a $1.3 balance, Mr. Kil stated that the Sanitary District was reimbursed $300,000 the outstanding balance is $1.2 million right now. Ms. Sury added the Sanitary District has a copy of the receipt and once this is passed and is sent downstate the Sanitary District will have a copy of this also. Discussion ensued regarding the projected repayments. Mr. Kil stated that the payments have not been planned yet; what this resolution does is extends the time plan the payments will be made. Mr. Carter is planning how the payments will be made and how much the payments will be. Mr. Austgen added that it was clear to the Financial Advisor that given the tax distribution circumstances that we face right now he could not give a report with any degree of accuracy or certainty to this council. He could not even provide a time period based on that lack of certainty of the tax distribution payment. Mr. Austgen added some possible repayment options, which are dependent upon, when we know the receipt of monies.
Ms. Teibel motioned to adopt Resolution # 07-12-20. Seconded by Mr. Pearson. Motion unanimously passed.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Pearson stated that this is his last Town Council meeting. He is grateful to have served the people of St. John and it was a wonderful experience working with the Police Department, Fire Department and the Public Works folks. He said “thank you” for the ability to have served for the last four years.
Mr. Fryzel thanked Mr. Pearson for the last four years, and stated that he was supposed to have a plaque for him, however, it did not arrive today. He asked Mr. Pearson to attend the next meeting to receive his plaque.
Mr. Pharazyn stated that the pay loader has been ordered. The specifications for the street sweeper have been drawn up and he hopes to be able to have the Council award the purchase at the January 24th meeting. The training for the radio system and the emergency weather system will be June 10th due to scheduling problems. The department is in the process of picking up branches due to the last storm and he also mentioned the Splash Park construction that will begin in January, He provided an overview of the park facility with the anticipated opening to be May 15th; June 1st complete.
Parks Superintendent Sobek summarized a good year for the Parks Department and referenced the status of five-year master plan that should be completed within the next couple of weeks.
Chief Frego summarized the November Summary Report, Exhibit A.
Chief Willman summarized the November Summary Report for the Fire Department, Exhibit B.
Mr. Mainwaring summarized the code enforcement activity for 2007 that included 47 warning tickets, 532 citations, 47 signs were removed from Wicker Avenue and the building on US #41 was cleaned up.
Attest:
/s/ Sherry P. Sury, Clerk-Treasurer
