Town of Cedar Lake
Plan Commission
June 3, 2026

Pledge of Allegiance

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

Roll Call

New Business

1. 2023-06 — Centennial Townhomes (Olthof Homes) — PUD Amendment

Kevin Paszko (Olthof Homes, St. John) appeared. He explained that Olthof Homes has closed on the two parcels (previously under 133 LBM LLC) and actively began site work the prior Monday. The extension is needed because a building permit will not be pulled before the July 2 expiration date. Mr. Paszko noted Olthof does not anticipate needing the full year; the extension is a precaution. This is the second extension; an initial extension was granted the prior year with Richard Anderson representing the prior ownership. Mr. Kubiak confirmed work has begun and that water and sewer coordination is underway. Mr. Sherry had no concerns.

Status: Work session discussion only. Item deferred to the June 17, 2026 public meeting for formal action.

2. 2025-11 — Nathan D. Vis (Vis Law) — Preliminary Plat Request — BSC Real Estate LLC (Friary Farms)

Nathan Vis appeared on behalf of BSC Real Estate LLC (also known as Friary Farms). He explained this is a two-lot split with separate legal descriptions, consistent with the PUD approval received from the Commission earlier this year. The filing deadline within six months of the PUD approval required him to appear tonight with the preliminary plat. The plat drawing closely mirrors the previously approved PUD submission.

Mr. Kubiak noted the preliminary plat appears substantively the same as the prior submission and has no preliminary concerns. Mr. Austgen agreed: any action taken will be in conformance with existing rules and regulations. Mr. Sherry stated he would review the plat and contact Mr. Vis if any issues arise before the June 17 meeting. Mr. Kiepura directed staff to contact Mr. Vis directly if corrections are needed so the item can be closed out at the public meeting. Mr. Vis noted he may arrive slightly late to the June 17 meeting due to a concurrent county meeting obligation.

3. 2026-08 — Robinson Outdoor LLC — Off-Premise Digital Billboard

Danny Marler (Robinson Outdoor LLC, Perryville, Missouri) appeared. He described the proposed sign: 8 feet tall by 16 feet wide (128 sq ft face area), with clearance of 8 feet below the sign to ground level, making the overall height 16 feet. The sign will be positioned approximately 30 feet from the roadway at the boundary of Lots 15 and 16. Robinson Outdoor is acquiring control of Lots 12 through 19 at the subject location, with plans to eventually sell or lease all lots except the sign location to commercial developers. The lots are zoned B2.

Robinson Outdoor highlighted the following community benefit features of their digital billboards:

• National Weather Service integration — automatic conversion to emergency warning display during tornado warnings
• Amber Alerts, Silver Alerts, and public safety information pre-programmed
• Free advertising availability for Town-sponsored events
• Police, fire, and EMS authorized to use the display
• Automatic dimming based on ambient light levels; high-definition display reducing visual bleed at off-angles
• 130 mph wind load rating; 24/7 camera monitoring

Commission concerns raised during discussion:

• 24/7 Illumination: Nearby condominiums across Morse Street raise legitimate concern about nighttime glow. Automatic dimming partially addresses this, but a glow at 2:00 a.m. remains a concern for adjacent residential.
• Unknown Development Plan: The Commission does not know what will ultimately be built on the adjacent lots. Two businesses on one parcel (sign easement plus future tenant) raises questions about use and access.
• Precedent: Members expressed concern about opening Cedar Lake to proliferation of digital billboards throughout the community.
• Access: 132nd Lane provides the only access route; the Commission noted concerns about business traffic through a primarily residential access road.
• Address Correction: The application lists “Morse Street and 132nd Avenue” but the sign is actually located further north, between two unnamed streets (a Place and a Lane); the specific address must be corrected on the application before the item proceeds.

Mr. Marler indicated he expects to have information on planned adjacent businesses by the next meeting. He agreed to return with updated information. Mr. Kiepura clarified that since this is a work session, no formal deferral is needed; the item will appear on the next work session agenda (July 1) with updated information.

Status: Work session discussion only. Item to be placed on the July 1, 2026 work session agenda with: (1) corrected application address; (2) identification of intended development on adjacent lots; (3) clarification on hours of operation feasibility.

4. 2026-10 — Space Exploration Technologies Corp. (SpaceX) — Satellite Earth Station Antennas

Ken Lyons (Wireless Policy Group, appearing online on behalf of SpaceX) and Allison Cantor (TEP Engineering, appearing online) presented. Key technical information:

• Technology: The SESAs are ground stations supporting Starlink broadband service by communicating with low-earth-orbit satellites. These are not cell towers; they transmit upward to satellites, not downward to ground users. Each antenna is approximately 8 feet tall and less than 2 meters in diameter, seated on prefabricated concrete pads on a gravel base inside the compound.
• Compound: 116′ × 165′ total area (approximately one-half acre); 8-foot solid metal panel fence, opaque from ground to top — antennas will not be visible from outside. Gravel base within the compound. Grass to be seeded between the compound and the roadway. No landscaping taller than the fence can be planted adjacent to the compound due to signal interference potential.
• Access drive: 16-foot-wide asphalt drive on the east side of the compound. A Knox Box will be installed to provide fire department access.
• Noise: Maximum 56 dBA at the fence line under full load (all 40 antennas at maximum fan speed) — aggregate for the entire site. Mr. Kubiak to confirm this against the Town’s noise ordinance standard.
• Fiber: SpaceX will use existing in-ground fiber; no new fiber installation through Town streets.
• Data center: No new data center will be triggered; SpaceX uses existing data center capacity.
• Nearest existing facility: 4535 South Road 55, Newton County, Indiana (SpaceX facility, not TEP-designed; approximately 25 antennas installed per Google Earth).
• Construction timeline: 30–45 days; anticipated start late July or early August 2026. Facility is unmanned; periodic maintenance visits a few times per year.
• FCC preemption: All 40 antennas are less than 2 meters in diameter, placing them within FCC § 25.104 preemption protections in commercial/industrial zones. However, SpaceX has agreed to work through Cedar Lake’s site plan review process voluntarily.

General Commission sentiment: the Lakeview Business Park PUD was designed for exactly this type of industrial/commercial use; the site is buffered from residential uses; and the facility’s footprint and impact are modest. The Commission agreed to proceed to the June 17 public meeting with written answers to outstanding questions submitted to staff in advance.

Open questions to be answered in writing prior to June 17:

• Noise level at the property line (not just the fence) compared to Town ordinance maximum
• Addresses of comparable SpaceX facilities available for public viewing
• Confirmation that no new data center will be required or proposed in connection with this facility
• Fire department access protocol and Knox Box specifications

5. 2026-12 — Azucar Ice Cream Shop — Outdoor Seating Area

Julian Bravo, owner of Azucar Ice Cream Shop, appeared. He explained that customers have repeatedly requested outdoor seating and that his landlord is supportive. The proposal calls for three outdoor tables on the south side of the building, within an existing paved area adjacent to a parking lot. No structural modifications to the building are proposed.

The Commission noted Mr. Bravo will also need to obtain approval from the appropriate alcoholic beverage agency (BCA) for outdoor dining prior to final Plan Commission approval at the public meeting. Mr. Kubiak confirmed this timing requirement.

Letters of Credit

1. Cedar Lake Storage — Performance Letter of Credit

Chris Porter (Cedar Lake Storage, 9019 W. 133rd Avenue) appeared online. The only remaining item under this LOC is the installation of a sidewalk segment. Mr. Porter stated the sidewalk can be completed by the end of June. Given that the LOC expires July 1, the Commission directed that if the sidewalk is complete by June 17, the item can be converted to maintenance at the public meeting. The pull date, if needed, would be set at June 17.

2. Oak Brook Phase 2 — Performance Letter of Credit

Developer (Schilling Development) submitted an email in the packet requesting a six-month extension due to not yet reaching the 80% occupancy threshold. Mr. Sherry noted the extension letter is expected from the bank before the July 19 expiration date. Given the ample lead time to the June 17 meeting and the July 19 expiration date, no immediate action is needed. Renewal to be confirmed at the June 17 public meeting.

Status: Extension letter expected. No action required at this time. Item to be confirmed at June 17 public meeting.

3 and 4. Beacon Pointe Unit 6 and Unit 7 — Performance Letters of Credit

Mr. Sherry noted that while Unit 6 alone is below the 80% occupancy threshold for conversion to maintenance, Units 6 and 7 combined are above 80%. If the developer (Diamond Peak for Unit 6; McFarland Homes for Unit 7) lays the final surface asphalt in both units simultaneously, the Commission could combine both LOCs into a single maintenance LOC. Both developers have been working the units in parallel throughout the project. The Commission expressed no objection to the combined approach, provided the developer agrees and the asphalt surface work is completed. No formal action taken at the work session.

Update Items

1. Birchwood Phases 1–3, 5 — Maintenance LOC

Mr. Sherry reported inspections are ongoing — Public Works and CBBEL were both on site that week. The punch list is expected to be finalized early the following week. With approximately two months until the LOC expiration, the project is on track. Mr. Sherry expects to have a full update at the June 17 meeting.

2. Rose Garden Estates Phase 3 — Performance LOC

Lennar sent an email stating all remaining punch list items have been completed. Mr. Sherry will verify on site. Remaining items are noted as minor. With two months until expiration, the Commission is confident this will be ready for conversion before the deadline.

Discussion

Backyard Chicken Ordinance

Mr. Kiepura noted this is the third time the chicken ordinance discussion has appeared on the Plan Commission agenda without clear direction from the Town Council. He expressed frustration that no one has contacted him with specific instructions on what the Commission is expected to do. Key points from the discussion:

• Mr. Kiepura stated that if the Council wants this done, someone needs to formally communicate whether (a) the Council will form the committee, or (b) the Plan Commission should form its own committee and draft an ordinance to send to the Council.
• Mr. Parker agreed and offered to carry the message back to the Town Council: a joint committee of Council members and Plan Commission members should be formed; the Council can appoint whomever they want; and the committee should develop an ordinance for Commission review and Town Council adoption.
• Mr. Kiepura indicated he is willing to accept either path as long as someone gives him clear direction. He endorsed the committee approach as the most productive path if it will result in an actionable ordinance.

Bankshots — Status Inquiry

Mr. Hunley asked for a status update on Bankshots, a previously approved project that has not proceeded to construction. Mr. Kubiak reported he has been in contact with the applicant within the last month; they are attempting to secure an additional adjacent parcel to expand the parking footprint before proceeding. The existing site plan approval does not carry a statutory expiration date, as none was placed on it by the Commission at the time of approval. Mr. Kiepura directed Mr. Kubiak to request that Bankshots provide a monthly update at each work session going forward.

Surf Internet Road Cuts — Quality Monitoring

Mr. Wilkening raised a concern about temporary asphalt patches on Morse Street that appeared to be of inconsistent quality. Mr. Kubiak clarified: the circular boring cuts made by Surf Internet for their fiber installation are not classified as “road cuts” under the Town’s ordinance (which applies to larger excavation openings) and therefore do not require the road cut permit fee. The patches seen leaving town on Morse Street are from Town utility work, not Surf Internet work. Surf Internet’s work is being monitored daily by Kubiak, Tim King, and Nick Bridegroom; a final walk-through inspection is conducted when each section is complete.

Tabled Items

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

Public Comment

Carol Kerr — 9900 W. 129th Place — Engineering Costs

Ms. Kerr returned to the topic of engineering costs raised at the June 2 Town Council meeting. Mr. Parker offered an expanded explanation: when CBBEL performs engineering for developer projects, the Town initially pays the invoice and then recovers that portion from the developer. The gross claims figures visible in the Town’s books do not reflect the net cost after recapture. Mr. Parker and Mr. Kiepura each offered analogies explaining the need for specialized engineers across different disciplines (water, sewer, road, structural). Ms. Kerr challenged several aspects of the analogies. Mr. Kiepura redirected the discussion. Mr. Austgen confirmed in response to a question from Mr. Becker that both the gross expenditures and any associated recapture from developers are separately available via public records request.

Carol Kerr — 9900 W. 129th Place — SpaceX Application

Ms. Kerr also briefly addressed the SpaceX application, raising concerns about the company’s ownership and asking the Commission to consider whether the use should be approved given those concerns. The Commission, through Mr. Kubiak and Mr. Parker, explained that the PUD zoning for Lakeview Business Park already allows this type of commercial/industrial use; once zoning is in place, the Commission’s role is site plan review — not the identity of the applicant. The Commission cannot deny an application solely based on the ownership of the petitioner.

Adjournment of Work Session

The work session was adjourned and the Special Public Meeting was called to order immediately following.

Call to Order

Mr. Kiepura called the Special Public Meeting to order immediately following adjournment of the Work Session.

Roll Call

Agenda — Summerwinds Units 1, 2, and 3 — Performance Letters of Credit

Background and Request

Jack Huls (DVG Engineering, representing Summerwinds / Brad Lambert) appeared and presented a formal request to convert all three performance letters of credit into a single consolidated maintenance letter of credit. Brad Lambert (8865 Crooked Bend, St. John — 50% development partner in Summerwinds) also appeared.

Mr. Huls provided background context: Summerwinds Unit 1 was first approved before this Commission in 2017 and has been under a performance letter of credit for approximately nine years — roughly triple the typical two-to-three-year performance period before conversion to a three-year maintenance bond. Under normal circumstances, a developer would have five to six years of combined surety coverage (performance plus maintenance); Cedar Lake’s total coverage on this project will be approximately twelve years once maintenance concludes.

As-built drawings were re-submitted to Mr. Sherry earlier in the week confirming all infrastructure is installed and built to Town standards, with the exception of minor remaining items. The maintenance bond amount is $215,432.18 (10% of the total public improvement value, as required by ordinance).

Punch List Status (Per Mr. Sherry)

Mr. Sherry confirmed the remaining open items are as follows:

• Drain tile riser: One inlet riser at the south end of the subdivision had not been as-built. Work to install was either completed on June 3 or scheduled for June 4.
• Fire hydrant flags: All fire hydrants require flags installed.
• Sidewalk: Approximately 4,000 square feet of sidewalk identified for either resurfacing (Ardex overlay after diamond grinding) or full panel replacement. Approximately 500 sq ft replaced as of the meeting date. Brad Lambert has been on site daily; further work is ongoing. The specific split between resurfacing and full replacement is determined in the field during the grinding process.

Mr. Sherry confirmed the sidewalk work represents the most significant remaining item in terms of cost and effort; the other punch list items are minor by comparison.

Sidewalk Responsibility Discussion

Extensive discussion addressed responsibility for the deteriorated sidewalks. Key points:

• Individual home builders (not Brad Lambert as subdivision developer) poured most of the sidewalks in front of their respective homes simultaneously with driveways and aprons. The developer is not the concrete contractor on these sections.
• The Town’s inspection process did not catch the deficiencies at the time of installation.
• The subdivision’s nine-year performance period, combined with multiple construction seasons, has resulted in significant weather-related deterioration.
• Approximately 75 of 165 five-by-five-foot sidewalk squares are in poor to severe condition; approximately 50 are borderline; the remainder are acceptable.
• Once sidewalks transition past the maintenance bond period, individual homeowners bear responsibility for the sidewalk in front of their property under Indiana law — an outcome the Commission sought to avoid through the conditions adopted below.

Mr. Huls argued that Brad Lambert, as the developer, is being held responsible for concrete poured by individual builders over whom he had no direct quality control. The Commission acknowledged the complexity while maintaining that adequate surety must remain in place until the work is complete.

Agenda Amendment — Remonstrators

Mr. Hunley moved to amend the special meeting agenda to allow remonstrators to speak prior to a final vote.

Motion to amend the Special Public Meeting agenda to allow remonstrator comment prior to voting on the Summerwinds LOC items made by Mr. Hunley; seconded by Mr. Parker.

Motion carries, 6–0.

Remonstrators

Jeff Biel — 10124 W. 134th Avenue

Mr. Biel, a Summerwinds resident, stated that he observed Brad Lambert’s crew actively working in the subdivision the prior week, including work on King Drive and 133rd Place, but that work had paused for four to five days. He asked when the crew would proceed to Madison Avenue and 134th Avenue, which he described as having the worst sidewalk conditions in the subdivision. Mr. Lambert acknowledged these sections are on the list for work and committed to returning.

Rich Kruick — 10080 W. 134th Avenue (Summerwinds HOA President)

Mr. Kruick identified himself as HOA President and raised the following concerns:

• The 100-foot section of Madison Avenue and the 50-foot section of W. 134th Avenue were specifically identified at the prior meeting as sections requiring full replacement, not resurfacing. He asked the Commission to ensure these sections are actually replaced rather than ground down and resurfaced.
• He expressed concern that if the $50,000 sidewalk performance bond expires after the sidewalk work is complete, and sidewalks further deteriorate within the three-year maintenance period, there will be no separate sidewalk performance fund to draw from.

The Commission (Mr. Kiepura and Mr. Parker) clarified: once the $50,000 sidewalk performance bond is released upon completion, the general maintenance bond of $215,432.18 continues to cover all public improvements — including sidewalks — for three years. The $50,000 performance bond does not substitute for or replace that coverage; it runs concurrently during the repair period.

Commission Action — Motion

Following remonstrator comment and further discussion, Mr. Wilkening moved to adopt the following resolution, which Mr. Austgen and the Commission agreed addressed both the need to protect the Town and to give the developer a defined path to close out the project:

Motion to approve conversion of Summerwinds Unit 1, Unit 2, and Unit 3 Performance Letters of Credit into a single consolidated Maintenance Letter of Credit in the amount of $215,432.18 for a three-year term, conditioned on: (1) all non-sidewalk punch list items completed by June 16, 2026 (pull date); and (2) a separate performance bond of $50,000 to be posted to ensure completion of outstanding sidewalk work — said performance bond to expire upon confirmed completion of the sidewalk work and not to convert to or supplement the maintenance bond, made by Mr. Wilkening; seconded by Mr. Parker.

Motion carries, 6–0.

Post-Vote Clarifications

Mr. Huls clarified for the record: because the maintenance bond is already in place for the subdivision, the $50,000 sidewalk performance bond does not roll over into maintenance upon completion — it simply expires when the sidewalk work is accepted. The maintenance bond of $215,432.18 covers the full subdivision (including sidewalks) for three years. Mr. Kiepura confirmed this understanding. Mr. Austgen confirmed the pull date of June 16, 2026 applies to the non-sidewalk punch list items. The $50,000 sidewalk performance bond must be posted promptly; Mr. Huls and Mr. Lambert acknowledged the obligation.

Tabled Items

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

Public Comment

Rich Kruick — 10080 W. 134th Avenue

Mr. Kruick made a final comment following the vote seeking clarification on whether the $215,432.18 maintenance bond would provide coverage for sidewalks after the $50,000 performance bond expires. Mr. Kiepura confirmed: yes, the maintenance bond covers all public improvements — including completed sidewalks — for the full three-year maintenance period. Mr. Kruick acknowledged the clarification.

Adjournment

There being no further business before the Special Public Meeting, the meeting was adjourned at 8:32 p.m.