Town of Cedar Lake, Lake County, Indiana
Minutes of the Town Council

Pledge of Allegiance & Moment of Silence

The meeting opened with the Pledge of Allegiance and a Moment of Silence.

Roll Call

Public Comment

None.

Consent Agenda

1. Minutes: September 2, 2025 and September 16, 2025
2. Claims: All Town Funds: $1,326,507.48; Wastewater: $37,646.66; Water Utility: $121,386.22; Storm Water: $4,663.95; Payroll (12/4/25): $457,021.10; November Remittances: $191,779.06
3. Donations: Hawthorne Arbor of Gleaners $2,000 for Fire Department; Ann Sharp $100 for Fire Department; Timothy and Lori Brown $100 for Fire Department
4. Manual Journal Entries: November 1, 2025 – November 30, 2025

A motion to accept and waive the reading of the minutes and accept the consent agenda as listed was made by Chuck Becker with second by Julie Rivera.

Ordinances & Resolutions

1. Resolution No. 1383 – A Transfer Resolution

Mr. Theil read by title only. Clerk-Treasurer Sandberg explained transfers within the following funds:

A motion to approve was made by Robert Carnahan with second by Richard Thiel.

New Business

1. Approval of Stop Sign Placement on Kings Street to add to Town Code 71.09

Mr. Kubiak explained this is for three additional stop signs on King Street. This is south of Summer Winds in the Beacon Point Subdivision. This is on the way through and out to Parrish. Currently, there are no stop signs along the King Street road. With the road opening up soon and the assumed traffic, he spoke with the Police Department about adding the additional stop signs. The three locations are 125th Avenue and King Street, 136th Lane and King, and King Street and Beacon Point Court. Discussion continued about adding the intersections to the ordinance.

A motion to approve was made by Robert Carnahan with second by Chuck Becker.

2. 2025 CDBG Utopia ADA Improvement Project Bid and Award

Mr. Eldridge explained the bids were opened in November for the sidewalk project in Utopia. Five bids were submitted. The lowest bid was for $94,006 from J&J Newell Concrete. With their bid, the entire project will be able to be completed. They did not submit the pre-qualification with the Indiana Public Works document in their bid packet. They did have the qualification and had not yet received the certification in the mail. Christopher Burke had reached out to confirm that they did have that certification. Mr. Eldridge stated he spoke with Attorney Austgen about this. The advice received was that the Town Council can grant a waiver of irregularities and non-compliance and move forward with the low bid. The engineer’s estimate of probable cost was $122,918.21. The highest bid was from Milestone Contractors in the amount of $211,000. Mr. Carnahan stated they only had approximately $93,000 in CDBG. It has to be spent by September. Mr. Eldridge stated the bid from J&J Newell is within their budget. Discussion continued on the waiver.

A motion to approve the bid award to J&J Newell was made by Robert Carnahan with second by Richard Thiel.

3. Park Board Recommendation to Amend Park Superintendent Job Description

A motion to remove this item from the agenda was made by Mary Joan Dickson with second by Julie Rivera.

4. Park Board Recommendation to Amend Ordinance No. 1512 Recreation Activity Fees

Mrs. Ray reported the Park Board is recommending to amend the fee schedule to state that the soccer coaches who volunteer, are to receive a full refund of their participants fee versus the partial refund of 50%.

A motion to approve was made by Chuck Becker with second by Julie Rivera.

5. Park Board Recommendation to Appoint Board Members to Serve on the Tree City and Recreation Impact Fee Boards

Mrs. Ray reported the Park Board has made a recommendation to appoint Greg Marquardt to the Tree City Board and Paul Rodriguez to the Recreation Impact Fee Board.

A motion to approve was made by Mary Joan Dickson with second by Chuck Becker. Mr. Eldridge asked if they should go through the others. Mrs. Ray stated these are just the recommendations from the Park Board. Mrs. Dickson stated her motion still stands. Mr. Parker stated he was confused and asked if there were additional recommendations from the Park Board. Mrs. Dickson stated that would be from the Town Council. Mrs. Rivera asked if the individuals were contacted. Mr. Eldridge stated they were.

For the Tree Board, there was a recommendation from the Park Board and three public appointments. Mrs. Ivey has accepted. They are waiting on two more from the public to respond. For the Recreation Impact Fee Board, Mr. Rodriguez is from the Park Board. They need a Plan Commission Member and Pete Swick accepted that. Mrs. Rivera accepted as the Town Council Member. The Town staff member will be Tim King. For development, Todd Olthoff accepted and from Real Estate, Sarah Goers has accepted. For a builder, he spoke with Rob Henn and he has accepted. If the Town Council is okay with those recommendations. Mr. Carnahan stated it is not on the agenda. It will have to be on a future meeting. Mrs. Dickson asked who the resident is. Mr. Eldridge stated there is not a member of the public as resident. Mr. Parker asked if this was part of this item. Mr. Eldridge stated it is for information only.

6. Appointment of an Unsafe Building Board Member

Mr. Thiel reported that Mr. Hojek has declined as he has taken part-time employment elsewhere. He let them know he would be unable to attend meetings. Mr. Thiel recommended Richard Layman.

A motion to approve Richard Layman was made by Richard Thiel with second by Chuck Becker.

7. Building Permit #25-558 Refund Request

Mr. Kubiak explained a house in Meyer Manor had a fire. There was an issue regarding the rebuild. The homeowner now just wants to tear down the house and build a garage instead of repair. The company that paid for the permit to do the repairs is asking for a refund since there is no longer a job.

A motion to approve was made by Richard Thiel with second by Chuck Becker.

Update Items

1. Olthof Homes – Blue Sky Development Water Update

Ed Recktenwall, Olthof Homes, gave an update on the well site and test well that was dug at the Blue Sky property located at 141st and Parrish. He stated on November 25th and 26th, the test well was bored in. They advanced an 8.5 inch bore hole to 395 feet into the bedrock layers. At approximately 178 feet they hit bedrock. They advanced the casing down to the bedrock layer. The total well depth plus the casing is 395 feet deep. On December 3rd, they started to test pump the well. During the testing procedures, they pumped 100 gallons per minute. That equated to about 24 feet of draw down on the well. They take that information and figure the equivalency in comparison to a larger well diameter. They are then able to produce an overall idea of what that well would actually pump.

He stated he received the preliminary report earlier today from Peerless. Once he receives the full report, he will share it with Ben and other Town staff members. He stated Peerless is estimating the theoretical gallons per minute the well could produce is 472 gallons per minute. However, they were conservative with the estimate and suggested 300 to 400 gallons per minute. He stated that is consistent with some of the other wells in Town according to the water distribution master plan. Mr. Recktenwall stated wells number one and two in Havenwood are pumping about 375 gallons a minute. The Parrish well is pumping approximately 315. As far as treatment goes, they did test for iron and mercury. Those levels were low and within acceptable IDEM limits. All other laboratory water quality results for sulfide, iron, arsenic, magnesium, and calcium were all within acceptable ranges. The well site seems to be a pretty feasible option for the Town. He stated they are happy to continue pursuing it if that is the pleasure of the Council.

Mr. Eldridge stated at 375 gallons per minute that is a little over a half million gallons per day. That is very good. Mr. Parker asked about recovery rates. Mr. Recktenwall stated per Peerless it recovered very well. There is a chart on one of the pages that shows it would recover within ten to fifteen minutes after shutting off pumping. Mr. Recktenwall stated they are hoping to move forward with the Town. Next steps would be discussions with IDEM. Mr. Parker stated they need to have internal discussion with Ben and Kevin. This way they can talk and develop a plan.

Plan Commission Update Items

1. 2025-36 Dr. Leestma Medical Clinic – 9855 Lincoln Plaza Way
2. 2025-38 Sherman’s Towing & Recovery LLC – 13781 Alexander St., Unit A, Railside Business Park
3. 2025-39 BT Video Systems LLC – 13781 Alexander St., Unit C, Railside Business Park
4. 2025-41 Eagle One Cleaning Service – 13201 Morse Street
5. 2025-42 Give and Gather Thrift Store – 12615 Wicker Ave

Mr. Parker stated some of these businesses do not have occupancy yet. They will revisit this at a later meeting. Mr. Carnahan stated he thought it was to let them know because there was concern from the Council over what businesses were coming to Town. Mr. Eldridge stated these listed were on the last agenda of the Plan Commission. There are still several hoops to jump through before they get occupancy. Each month they will report on the prior months for businesses that receive occupancy. Mr. Kubiak stated items one and five are complete. Those two have received their occupancy permits and inspections. They are good to go. Give and Gather are working on the striping of the lot as soon as the weather breaks. Mr. Eldridge stated number five is a thrift store that is opening up on US 41. Dr. Leestma is in the Summer Winds Plaza.

Reports

1. Town Council

Mr. Becker stated he had a resident reach out about the crosswalks in town and a lack of lighting by Hunley’s. They asking about getting additional lighting in the area. Mr. Becker discussed the increased traffic. Mr. Kubiak stated it is possible. He could get quotes. He asked what kind of lighting they wanted. Discussion continued on lighting. Mrs. Dickson asked to discuss it with crossing grants and see about potential funding. She discussed the crosswalk located by Dairy Belle as well. Discussion continued on the three crosswalks in Town and potential lighting improvements. Mrs. Dickson discussed ADA compliance at the new Police Department. She discussed the handrails as well as the front window. Neither are ADA compliant. She asked for it to be looked into by the Building Department. She reminded the Department Heads about annual reports being due by the end of January.

2. Town Attorney

No report.

3. Clerk-Treasurer

Clerk-Treasurer Sandberg reported the 1782 Notice was received from the State. Essentially, the budget was approved as submitted with reductions on some of the debt service items. The levy requested was approved. She stated she is cautiously optimistic as they move into 2026.

4. Town Manager

No report.

5. Director of Operations

No report.

6. Police Department

Chief Gruszka reported on the monthly calls report.

7. Fire Department

Chief Mager reported on the monthly training and operations report. He also reported they received a letter from the Indiana Department of Homeland Security congratulating the department for becoming a member of the Stork Club. A letter each was distributed to Battalion Chief Craft, Captain Konradi, Firefighter/Paramedic Beyer, Firefighter/Paramedic Gagliardi, and Firefighter/EMT Riley. They successfully delivered a baby in the field in July. Mom and baby were healthy and safe.

Chief Mager reported it was previously discussed to auction the old 2008 ambulance. Discussions in the meantime have produced a request from Public Works. He stated they are looking for direction on the transfer of the vehicle to Public Works. Mr. Kubiak stated the thought is to turn it into a water and sewer main break truck. They could have all the tools and equipment readily available. It still has a lot of life left as a construction vehicle. Mr. Parker stated he would be okay with repurposing the vehicle.

A motion to transfer the vehicle to Public Works was made by Mary Joan Dickson with second by Chuck Becker.

Mr. Thiel stated he spoke with a gentleman from the Patriot Guard. He is unsure if he has reached out to Nick. When they get the new fire truck, the Patriot Guard asked if they would want to do the ceremony of putting it into service. They would be happy to participate.

8. Parks Department

Mrs. Ray reported they are holiday driven in December. The team installed lights on the Town Hall building. They are decorating the Town trees. They had a visit with Santa at the Clubhouse and went into the Senior Holiday Social. Thanks to Lakeside Artists Guild for their participation and playing for the Seniors. A warm meal was served along with holiday bingo. It was a busy two days but things are well in the department.

Written Communication

1. Building Department Report

Mr. Carnahan stated they had 96 total new permits.

2. Christopher B. Burke Report

Mr. Carnahan reported on the MS4 Audit that occurred on December 3rd. No major defects or action items were noted. An official summary letter will be provided by IDEM in the future. He discussed the community crossing grant. He discussed the Shades Phase 2 project being delayed but will start in the spring. Mr. Eldridge stated an application was submitted for the community crossing grant but the Town was not awarded. Only a few communities in Lake County received funds. Several counties in the State did not receive any. They will submit a future application. A brief discussion continued.

Public Comment

Scott and Cheryl Feller, 12921 Parrish Avenue, stated they purchased the property two years ago. They spent a year deciding what they were going to do with the property. He stated they have talked with residents and some of the Town Council. They were invited out there to the property. No feedback was received as it was just after the IDEM and water issues. They filed a PUD in June. Nothing has changed on the plan. He stated the public notices have been sent out twice. They wanted to be transparent. On November 5th, the Plan Commission gave a conditional recommendation and it passed. He stated he is not sure what that means. His lawyer sent an email to the Town layer the next day. He responded back with a letter on November 13th that said they were in receipt of the email. They were sent a copy of the minutes and have not received a further response. He asked to be put on the agenda for December 4th and the Town Manager sent an email that stated they would be put on the agenda for December 16th. Tim had some questions on the contingent items and if they were addressed.

Mr. Feller stated his lawyer, Nathan Vis, reached out multiple times regarding the outstanding clarification on the contingent items and still has not received a response. Several emails to the Town staff lawyer with no response. Mr. Feller stated they were not put on the agenda and they asked the Town Manager why and have not received a response. He personally emailed the Town Council President and Vice President and received no response. He stated he wants to know where they are at on the project. There has been little response in the last six weeks. Mr. Austgen stated he has responded to his attorney every time. Mr. Feller stated he did not say that he did not. Mr. Austgen stated he did. Mr. Parker stated he did not receive a response from him because he has been tangled up. Mr. Eldridge stated he has spoken with Mr. Vis twice, including this morning. The motion from the Plan Commission to the Town Council included a bunch of contingencies that were not met. He stated he told him that he did not believe it was appropriate to have it on the Town Council agenda. Mr. Feller stated he is fine not being on the agenda.

Mr. Parker stated that was his understanding that there are contingencies and conditions that have not been identified or met. Mr. Feller asked if they can know what they are. Mr. Parker stated he does not know. He did not understand the recommendation. There has not been clarity from Mr. Vis on some of the items. In fact, some folks think it has been altered since what has been presented at Plan Commission. He stated he cannot answer that for sure. Mr. Austgen stated they received a site plan. A one-page engineer drawn site plan. They were attempting to work against that to interpret what the proposal was and how the terms of use would fit into the development agreement that the PUD ordinance requires. Two requirements overarch everything. The PUD ordinance itself which contains the preliminary development agreement and plan. The two sets of agreements are two levels. They are needed so the path of progress can be followed. It all started last summer. They found from the minutes that were transcribed verbatim, to assess what was being requested by the developer/petition and what they needed to look at in response to same. It was not helpful. He stated he provided that transcript to Nathan Vis as well. Mr. Feller stated he had those. Mr. Austgen stated the only assessment he could draw, which will be talked about by Plan Commission, are what are the details of identified use, improvements, infrastructure, and related pertinences to the one-page single site plan document received. There are no cross references to things. There is no identification of text matching that or drawing or scope. He stated they are almost back at zero. The site plan does help. That is the beginning in terms of assessment. It is not a PUD or compliant with the site plan and PUD requirements.

Mr. Parker stated for him he was not pleased it left the Plan Commission with a recommendation when there were still concerns from the building department, engineers, and legal. That was the will of the Plan Commission to move it on with a conditional. He does not think he has ever seen that before. He stated he does not know what they did or why they did it. He likes to do things when they know exactly what they have. It was recommended to Town Council and no Town Council member here understands the gist of what they need to have an agreement. Mr. Feller stated he has been coming to the Plan Commission since March. He keeps hearing loose ends need to be tide up but no one is telling them. Mr. Parker stated they need a PUD agreement with PUD guidelines that is enforceable and that means the Town standard. It does not have to meet it to the letter. Mr. Austgen stated that is what the PUD is about. It is about using unique parcels of property for development and having flexibility. Mr. Parker stated for some reason they cannot get there. Mr. Feller stated he knows that Nathan only got them that stuff the day before the meeting. He knows there were comments about all the color mark ups. He asked if it was reviewed. Mr. Austgen stated no.

Mr. Feller voiced concerns with the lack of review. Mr. Austgen stated he needs to put himself in their position. The color mark ups are what they were given to use by his attorney. They are sitting in a Plan Commission meeting but that is what they received essentially a crayon drawing. The documents cannot give the detail needed for decision making. Mr. Feller stated the PUD paperwork was his response to Mr. Austgen’s red line of the PUD paperwork. He agreed getting it back was short notice and they cannot read it. He stated he is not in a hurry. Mr. Parker stated he understands but the problem is the unique thing he is proposing. He believes they all want to work with him. They are used to having engineered documents with timelines, expiration dates, penalties, etc. That way they can maintain some sort of standard. Mr. Parker discussed ironing it out in another work session. Mr. Feller stated he does not understand with the property and the timelines of completion. It is not residential. It is going to have a lot to do with how well it takes off. He discussed penalties for not following through with phase two. Mr. Parker stated that could be handled a number of ways. It can be negotiated. Mr. Austgen stated the ordinance says there is a drop-dead date. It is 18 months. You negotiate against that. Something mutual to the town being able to enforce their responsibilities to the development or not.

Mr. Feller asked about water and sewer. He asked about connecting and did not receive a response. Mr. Parker stated it is a vague plan. That is what the problem is. He thinks Plan Commission had some issues with that. Mr. Kubiak stated his reason for not wanting it on the agenda is because he did not want to go backwards if it was not ready to be approved. The approval at the Plan Commission level was contingent on engineering and building. Mr. Parker stated it was a conditional approval. Mr. Feller stated no one is telling him what the loose ends are. Mr. Kubiak voiced concerns with the plan being changed. Mr. Feller stated it is the same. Mr. Kubiak stated they are calling it the development concept plan instead of a conceptual drawing. That is the first step for having something to look at. A development plan instead of a conceptual. He stated he is trying to review but he feels what was done at Plan Commission was not the right move. It should have been done in a work session to iron out details. Mr. Parker stated that stalled it in his opinion. Mr. Thiel stated there was confusion just from watching the meeting going from concept to getting out of concept. He stated he feels it did not get out of concept. He believes it got muddied.

Mr. Becker discussed sewer and water rating and charges. He stated there were questions on that. Mr. Kubiak stated they have some ideas but it will depend on what happens. Mr. Feller asked if that had anything to do with the PUD. Mr. Parker stated they certainly need details. Mr. Austgen stated it has everything to do with zoning. It is part of the PUD. He gave Mr. Feller a copy of Chapter 17 regarding site plans and the PUD. Mr. Feller asked if it was their job to tell them how they are going to connect to the water and how they would meter it. Mr. Austgen stated yes that is their job. Mr. Feller continued to voice concerns. Mr. Austgen stated his engineer will design that in coordination with the Town engineer. Mr. Austgen discussed the ordinance and the sequence of activities and deliverables that are required. He stated that is the requirements of the developer/petitioner. Mr. Feller asked about it being in their documents already submitted. Mr. Austgen stated he would suggest it is not. That is why this project was referred to as being muddled. Mr. Feller mentioned details and stated they were still discussing if it was going to be public or private. Mr. Austgen stated it is for him to do all the negotiation.

Mr. Feller stated he feels they are being left in the open. The loose ends are here but no one is telling them what they are. Mr. Parker stated he feels that way to. No one is telling them what they are going to do and what the contingencies or deadlines are. Mr. Feller stated the timeline is there. Mr. Parker stated the way it is now is confusing. He is used to looking at things spelled out, detailed, and engineered. He wants to get there. He does not hate the plan. He thinks a wrong move was made by Plan Commission by not taking it to another work session and getting everyone’s questions answered. Mr. Feller stated he does not believe he has the questions that he would love for his lawyer to answer. Mr. Parker stated Tim had questions, engineering had questions, and Dave does not know how to draft a PUD agreement with what they have for the details. None of them are making sense out of it. He does not believe it was ready to go. Mr. Austgen stated if they were to act tonight, he would recommend it go back to Plan Commission. Mr. Parker stated he would be happy to have conversations this week. Mr. Feller stated that is all he wants. They are left in limbo. He stated he does not want to blame Nathan. Mr. Parker stated he is not trying to blame anyone. They are not getting there and need to figure out why. Mr. Feller stated he feels the legals need to be negotiated between his lawyer and the Town’s lawyer. Mr. Parker stated the provisions within the zoning ordinance need to be understood, addressed, and defined in order to get someplace. Mr. Feller stated he will talk to Nathan and have him reach out. Mr. Parker stated his attorney and their attorney need to figure out the provisions or it needs to go back to the Plan Commission. He thinks it got left in the attorney’s lap with a conditional recommendation but they do not know what the conditions were. He stated he has never seen anything like it. He does not know what to do with it.

Adjournment

Mr. Parker called the meeting to adjournment at approximately 8:20 PM.