The Town Council of Winona Lake, Indiana met in a regular session on Tuesday, April 14, 2009 in the Town Hall at 6:00 p.m.
COUNCIL MEMBERS PRESENT: Joy Lohse, Sue Gooding, Randy Swanson,
Jim Lancaster, Terry Howie
ABSENT:
OTHERS PRESENT: Craig Allebach , Jim Walmer, Pete O’Connell,
Larry Long, Mitch Titus, and Paul Schmitt
Opening
Howie opened the meeting with prayer and the Pledge of Allegiance.
Howie asked the audience to please sign in giving address and phone number. We would then be able to get back in contact with them if needed.
Approval of minutes – Gooding motioned to accept minutes, motion was seconded by Lancaster. Minutes were approved as written.
April 25, 10:00 a.m. to 12:00 p.m. - Town Clean Up Day - Meet at the Town Hall
May 1 to 3 - Fat & Skinny Tire Festival
May 9, 9:00 a.m. - Grace College Graduation
May 9 – Walk in the Woods at 9:30, 10:00, 10:30 and 11:00 a.m.
Floor Topics: Jerry Nelson brought a concern to the Council regarding Lawn of the Courts. Allebach responded that someone had encroached in the right of way/ easement area. He has contacted the property owner this date and she did not realize exactly how the right of way worked. The corner post and fence will be moved. Allebach and the Building Commissioner will go over there tomorrow and make sure that the corner post is put in the proper place. Jerry Nelson expressed that having a sidewalk through the easement would be very nice for all the walkers on the Island.
Don Townsend lives on Wooster Road and came before the Council about one year ago after the road work was completed on Wooster. He had an issue with rocks being washed into his yard with the flooding. The Street Department fixed the problem, but the rock and dirt has again washed into his yard with the last flood. He would like to have this fixed again and done “correctly” this time. Allebach responded that he would go out and look at the problem. Mr. Townsend stated that there was about a one foot drop-off from the pavement and he was concerned. Dirt was placed in the drop-off but it is not enough. O’Connell stated that several places had been repaired and were fine, but evidently this place still needs attention and he will take care of it.
Doug Koher of 203 Roy Street wanted to know if the Town was aware that DNR is going to spray for gypsy moths. Mr. Koher asked that we make sure residents were aware. There has been an article in the paper, public notice of public meetings. Jennifer Peryam, Times Union reporter, stated that she would put in another notice.
Mr. Koher also wanted clarification of where the “no parking” ends on Roy Street on the north side of the street. As you head west to the curve, there is parking on both sides of the street, along with the kids on bikes; which causes one lane of traffic. Gooding suggested that we make it very clear where you cannot park and that parking will be provided for the trail users. Mr. Koher also wanted parking at the entrance of the trails. Allebach shared that there was money left over from the project and there had been discussion about a parking lot when the project was finished. He will pull all that information back out and look at it again. There is also the possibility to add lines for the trail directing people to Bibler Park for parking. Lancaster asked if we could put marked parking spaces east of the creek. Dirk Felger was concerned about kids on bikes and felt we really needed the width there. Mr. Felger was also concerned about the overgrowth around the curve and felt it needed to be cleared so drivers can see. It was felt that the curve needs to be striped with a double yellow line. Mr. Koher wanted to know if there was an ordinance that would deal with the undergrowth even on a vacant lot. Allebach responded that there is an ordinance and if Mr. Koher called the Police or the Town Office, the situation would be investigated and the property would be requested to clean up the problem and/or be sited and the Town would clean it up and charge them.
Mr. Koher restated his concern with the lack of “No Parking” signs. He stated that there are two signs on the curve as you are heading west, and there are no signs after that. On the east side there is one sign at the dry hydrant. Allebach stated that the no parking signs were placed on the north side as part of the Greenway Project. Gooding wanted to direct the trail users to Bibler Park for parking.
Dirk Felger 301 Roy Street, wanted to know if any decision had been made regarding the drainage on the north side of the street. Long responded that Roy and Marjorie Street drainage had a little work to finish by the contractor. On the south side of the pond, the property owner had a study done and he will be doing the work that was recommended. Mr. Felger wanted to know if the outlet of the pond was going to be repaired. Long responded that the outlet was adequate, but he is recommending an emergency outlet. Mr. Felger asked again if the primary outlet was going to be cleaned out. Long stated there were no plans at this time to clean out the primary outlet. Howie asked if this was a county ditch. Long responded that it was not known if it is or is not a County ditch. Mr. Felger asked if there was a time limit on a building permit. Allebach responded that the limit is one year and then you can renew it, he believes for six months. Mr. Felger complained about a trailer and two cranes in the yard for nine months. Allebach responded that the building commissioner will be notified in the morning. Felger stated that this has been an ongoing project for two and one half years.
Shelly Turek, 2505 Westwood Road, Country Garden Estates, wanted clarification on the flooding and if Country Garden Estates is actually part of the Town. Larry Long reported that Country Garden Estates was incorporated into the Town in 1973. The private part of the question is that the original developer chose to not build the streets to the Town’s specifications and therefore the streets are private. Hicks responded that after the Town tried to get the developer to bring the streets up to Town standards; he then went bankrupt; and the town accepted the streets in 2000. The Council at that time felt it was the right thing to do. Mrs. Turek asked if there was a drainage tile in Country Garden Estates that needs to be repaired. Long responded that there is a tile that discharges in the canal and runs straight back into the subdivision to the south side Peach Tree Lane at the open ditch. This was an extremely old farm drain tile. The Town has determined that it is a private drain and therefore any maintenance is the property owners’ responsibility. Walmer stated that the homeowners are to share in the maintenance cost of the drain line per the subdivision covenant. Long reiterated that the Town asked him to investigate the line and he has prepared a report of how to repair it. Mrs. Turek wanted to know if there was a problem where the line went next to her property. Long suggested she go to the low area and dig the line up and look at it. O’Connell suggested she contact Weed as they worked on it.
Ordinance 2009-3-2 Law Enforcement Liaison Grant Salary, this was a second reading of this ordinance. The State Board of Accounts has required this ordinance. Gooding moved to accept the ordinance and Lohse seconded. The motion passed.
Ordinance 2009-4-1 - Lodge Rental – the Town is assuming responsibility for rental of the Lodge as the 10 year agreement with Village of Winona expires May, 2009. Howie questioned establishing when the week begins and ends. Hicks responded that the check in and check out times defines the “week”. Lancaster moved that we approve the ordinance with the change of adding the check in and check out times for “week” and “weekend” rental. Joy seconded the motion and the motion passed.
Ordinance 2009-4-2 - Purchasing Policies for Winona Lake Kent Adams from the audience asked exactly what the ordinance accomplished. Walmer responded that it limits the authority a supervisor has to make a purchase without Town Council approval. It also limits the employees under a supervisor. It also reiterates some state statutes regarding purchasing and publication. The ordinance limits the type of supplies supervisors are able to buy. A motion was made to approve on the first reading by Lohse. Gooding seconded and the motion passed. A motion was made by Gooding to approve the ordinance and seconded by Lohse. The motion passed unanimously.
Identity Theft Prevention Program – Cities and Towns are required by the Federal Government to assess the risk and develop a plan to prevent identity theft. We were to identify our response and develop procedures. The Clerk’s Office employees have a statement they will sign stating they understand the requirements. Lancaster made a motion to accept the Identity Theft Prevention Program. Swanson seconded; the motion passed.
Grace Village Wastewater Billing – Swanson asked about the protocol on waiving late fees. Hicks responded that the only time we waive a delinquency fee is if the bank receives the payment on time, but fails to get the information to the Town in a timely manner. This was a situation where the 10th was on a Saturday, the office waited until the payments were posted Monday and then the penalty was assessed. Kent Adams was asked what the Kosciusko County Treasurer’s Office policy was. Mr. Adams stated the property owner pays a 10% penalty even if it is a day late. The Treasurer’s Office is under state statute. Hicks told the Council that our ordinance allows them to make a decision. Gooding moved to reject the request to waive the penalty. Swanson seconded the motion and it passed unanimously.
Report from Town Engineer: - Long has been working with Hicks on a display of the bronze bas reliefs. Hicks shared with the Council that we received 4 bronze bas reliefs and an eagle. They were donated by Dane and Mary Louise Miller and Jennifer Ortega is working on plantings to put around the display. We hope to have all this accomplished by July 4th.
Report from Town Attorney: - Walmer is still pursuing a resident over a barking dog issue and court cost. He is due in court this next week over a balance due to the Town of $355.00 over a judgment. He spent a great deal of time over the Country Garden Estate issues and has created a map which shows when an area was annexed.
Reports from Supervisors:
O'Connell – Another engineering company turned in a bid on upgrading the Wooster Road liftstation. Long gave a brief summary of what was in his bid: for a total of $5,900.00 the first step would be to do a study of the whole drainage system and estimate the wastewater that is coming into the liftstation, then analyze the liftstation and it’s pumping capacity. He would then report to the Council. The second phase would be to proceed with a design to rehabilitate the liftstation or rehabilitate the liftstation. The third phase would be bidding and construction. The other bid from Marbach states that “the Town may choose any of the proposed services as needed”. Long is cheaper by $750.00 for the first service. Lohse made a motion to accept Larry Long’s quote for the Wooster Road lift station; Swanson seconded; motion passed
Meeting was adjourned
_________________________ ___________________________
TERRY HOWIE RETHA S. HICKS
PRESIDENT CLERK-TREASURER