Town of Cedar Lake
Plan Commission
Work Session Minutes

Pledge of Allegiance

Mr. Kiepura called the meeting to order and led those present in the Pledge of Allegiance.

Roll Call

Old Business

1. 2026-02 — Municipal Complex Subdivision Plat — Final Plat Preview

Mr. Kubiak confirmed the Final Plat is unchanged from the Preliminary Plat approved at the March 18, 2026 public meeting. Mr. Sherry concurred. No issues were identified; the item is ready for action at the next public meeting.

2. 2026-04 — Fernandez & Bies — Ravine Estates — Preliminary Plat Review

Petitioners’ Comments

Marino Fernandez, 3150 N. Lakeshore Drive, Chicago, and Krzysztof Bies, 13932 Catherine Drive, Orland Park, appeared. The petitioners described their respective proposed homes on the two lots, which together comprise approximately six to seven acres. Both intend to begin construction in the coming months.

Mr. Kubiak explained the key site considerations: the ravine along the rear of the property constrains structure placement, which is why building footprints are positioned toward the front of the lots. A private shared asphalt driveway will provide street access for both properties. Two BZA variances are required and are scheduled to be heard at the April 9, 2026 BZA meeting: (1) lots not fronting on a public improved roadway; and (2) one garage setback approximately 22 feet from the shared private drive rather than the required 30 feet. The garage variance was included as a precaution given that the shared driveway runs through the center of Lot 2, making the garage technically close to an ingress/egress easement.

Town Engineer’s Comments

Mr. Sherry found the plat straightforward. He noted that the sanitary main serving both properties should be centered within its easement rather than offset to one side, to allow future access without encroaching on the adjacent parcel. This is a minor comment to be addressed before the public meeting.

Commission Discussion

In response to a question from Mr. Swick about the garage’s proximity to the driveway, Mr. Fernandez explained that the ravine on the rear side of the property requires maintaining separation distance, which drives the building position toward the front. The Commission found this satisfactory. The item is ready to proceed to the next public meeting, contingent on the BZA hearing the two variances on April 9, 2026.

Letters of Credit

1. 141^st Partners — Performance Letter of Credit

Mr. Sherry reported that the developer extended the Letter of Credit for an additional year. No pull action is required at this time.

Update Items — Letters of Credit

The following four letters of credit have May 2026 expirations. Mr. Sherry will conduct inspections prior to the April 15 public meeting so the Commission can take action at that meeting.

1. Lakeside Unit 2, Block 1 — Performance Letter of Credit

Developer’s intention is to roll this Performance LOC into a Maintenance LOC, indicating subdivision improvements are nearing completion. Mr. Sherry will conduct final inspections and report any punch list items at the April 15 meeting. Standard practice is approximately two months of lead time for inspections before the expiration date.

2. Beacon Pointe Unit 4 — Maintenance Letter of Credit

Developer intends to allow this Maintenance LOC to expire. An inspection will be conducted to verify all improvements are satisfactory before the Commission agrees to a release.

3. CLBD South / Lakeview — Maintenance Letter of Credit

Same disposition as Beacon Pointe Unit 4: developer intends to allow the Maintenance LOC to expire pending a satisfactory inspection. Mr. Sherry noted the Lakeview inspection will be relatively straightforward given the limited public improvements in an industrial park setting.

4. Hanover Community School Corporation — Performance Letter of Credit

Background and Current Status

Mr. Sherry provided a detailed update. The Performance Letter of Credit covers a water main extension, fire hydrants, sidewalk, and ADA ramps along the US 41 frontage of the school campus (primarily the middle school). The LOC does not directly cover the detention basin on the southeast corner of the school property.

The detention basin has one unresolved issue: a Norfolk Southern Railroad culvert at the basin’s outlet is either collapsed or severely clogged, preventing the basin from draining. This condition also prevents completion of required grading and pipe work to correct approximately 2 acre-feet of volume deficiency found in the as-built survey — pipe elevations and the top of berm were installed incorrectly. Until the railroad culvert is cleared, dewatering the basin for repair would require continuous pumping and is not currently practical.

Multiple as-built drawings for the school project remain outstanding. Several associated permits — including those related to 133rd Avenue and athletic fields — have expired or are unresolved. The middle school temporary occupancy, issued with an expiration, has been outstanding since June 2023.

Discussion

• Railroad culvert: Norfolk Southern is responsible for maintaining the culvert. Multiple parties have contacted the railroad — Mr. Kubiak, CBBEL (Don Oliphant), and Mr. Carnahan via Senator Todd Young’s regional office — without producing action. Commission members expressed frustration that the Town has spent considerable staff and consultant time chasing the railroad on behalf of the school at Town expense, and questioned at what point this ceases to be the Town’s responsibility to pursue.
• School’s responsibility: Mr. Carnahan expressed concern that the school corporation has not been sufficiently proactive in pursuing the railroad or its own engineering contractor (Skillman) to complete the required work. Once a contractor is paid in full, leverage to compel completion diminishes significantly. Mr. Kiepura noted Skillman’s name recurs in connection with incomplete or deficient work on school projects in Cedar Lake.
• LOC scope vs. detention basin: Mr. Sherry confirmed the $373,557.25 LOC covers water main, fire hydrants, and public right-of-way improvements — not the detention basin. Mr. Austgen raised the point that the Town’s stormwater management authority may provide a basis for the Town to assert interest in the detention basin as a regional stormwater facility. Mr. Kubiak noted LOC funds could not in any event be used to complete detention basin work as it is outside the LOC scope.
• Cost to repair: Mr. Sherry estimated approximately $16,000 to repair the detention basin once the culvert is cleared and dewatering is possible. Members noted this amount is insufficient as a long-term assurance instrument given the railroad’s unpredictable timeline.
• Path forward: Mr. Austgen outlined the appropriate sequence: (1) CBBEL inspects LOC-covered improvements and provides an updated cost estimate; (2) a meeting is arranged with the school’s representatives and their consultants; (3) the railroad situation is addressed separately. The Commission directed Mr. Kubiak to contact the school superintendent as the primary point of contact. No decisions will be made until that information is in hand.
• Spring break notification: Mr. Wilkening noted that school representatives had contacted him about the meeting occurring during spring break and the short-notice agenda. Mr. Wilkening confirmed to those representatives that this was a discussion only and no action on the LOC would be taken at this session.

No action taken. Staff directed to complete LOC inspection, prepare updated cost estimate, and contact the school superintendent prior to the April 15 meeting.

Tabled Items

• 2023-18 — Bay Bridge
• 2023-19 — Founders Creek
• 2023-20 — Red Cedars

Public Comment

Terry Stanger — 14108 Heritage Way (Rose Garden Estates)

Mr. Stanger asked about the Hanover School detention basin. Mr. Sherry explained the basin drains from the southeast corner of the school property and is designed to outlet through the Norfolk Southern culvert toward the lake. Because the culvert is blocked, water is not going anywhere and is currently leaching through the stone ballast. Mr. Stanger raised the question of whether standing water leaching through railroad ballast could pose a structural safety concern to the track bed over time — noting that safety concerns typically generate more responsive action from the railroad than drainage complaints. Commission members agreed this angle is worth pursuing.

No other public comment was received.

Adjournment

Mr. Kiepura adjourned the meeting at 6:39 p.m.