Town of Cedar Lake
Town Council
Public Meeting Minutes

Pledge of Allegiance & Moment of Silence

Roll Call

*Chief Deputy Margo Nagy was present.

Public Comment

None.

Consent Agenda

1. Claims

All Town Funds: $148,077.05; Wastewater: $107,775.40; Water Utility: $112,802.27; Storm Water: $13,069.59; Payroll (02/26/26 and 02/27/26): $302,168.14.

2. Conflict of Interest Disclosure

Mary Joan Dickson.

A motion to accept the consent agenda as listed was made by Greg Parker with second by Chuck Becker. Mr. Carnahan asked Tim if they are using a new company for fuel. Mr. Kubiak stated Blu Petroleum is the company they have been using for approximately six or seven months.

Motion carries, 7–0.

BZA/Plan

1. A Favorable Recommendation from Plan Commission for M&L's Adventure, LLC Rezone from B-3 to B-2 of the property approval

Nathan Vis, Attorney, was present on behalf of petitioner. He explained there is a favorable recommendation and they are seeking approval for a seven-unit development on 133rd. This is to move from B-3 to B-2 zoning. Mr. Parker asked if this was only for the rezone tonight. Mr. Vis stated yes. A brief discussion continued.

A motion to approve the rezone from B-3 to B-2 was made by Robert Carnahan with second by Chuck Becker.

Motion carries, 7–0.

2. Rezone to PUD with the Contingencies from Plan Commission's Special Meeting November 5, 2025

A motion was made by Mr. Wilkening and seconded by Mr. Parker to send a conditional favorable recommendation to the Town Council for the conditional zoning change, not limited to, legal review of all documentation, engineering and staff concerns to meet the Developmental Standards in totality. Motion passed unanimously by roll-call vote of the Plan Commission.

Nathan Vis, Attorney, was present on behalf of petitioner. He explained the conversation began with Mr. Parker, Mr. Becker, Mr. Recupito, and Mr. Kiepura back in August 2024. The vision for the property has not changed drastically since that meeting. The goal is to preserve the 60 acres as green space for the community with a few improvements. In 2025, a proposed PUD was put forward. Mr. Vis stated it has not changed substantially since that time. The finals were submitted last Friday after review by Mr. Vis and Mr. Austgen. Mr. Vis explained it has been split into two sections, proposed lot one and lot two. In the interior section of lot one, the goal is to rejuvenate the existing three-story building. Anticipated uses were be rental space on the second floor and the first floor would be renovated to place a restaurant. In back of that is the development of an event venue geared towards weddings and corporate events with parking. Anticipated uses include a variety of trails and walkways as well as rental spaces for picnics and a band shelter. Another proposed use is an educational working farm and artisan farming. He discussed the background regarding the zoning. In April and May, it was discussed to move forward with a PUD. A lengthy discussion continued on the developmental standards discussed with Plan Commission and Town Staff as well as the reviewed PUD.

Mr. Vis stated they are looking for approval of the PUD plan and beyond that is going to be six months to petition for down state for sewer and water approval. It is the goal of the client to get that going as quickly as possible and move forward with a two-lot subdivision and renovations. Mr. Parker stated he mostly agreed with what Mr. Vis presented. He did not necessarily agree with all of it. He knows Tim is good now because he has been working with him on it but initially the Building Department, engineering, and legal had some problems with it. Mr. Parker stated he thinks because of last Friday's submittals and because of the engineering proponents changed with sewer. He thinks it need to go back to the Plan Commission for one more final review. Make sure everyone understands everything and legal and engineering have clarity.

A motion to remand this item back to the Plan Commission for further review on the recommendation was made by Greg Parker with second by Chuck Becker.

Mr. Vis stated this did go back to the Plan Commission. Mr. Parker stated it did not formally go back to the Plan Commission as an agenda item. It was presented as an update item. Mr. Vis stated Town staff requested it be put on there. He stated he was as confused as Mr. Parker. On November 5, a conditional approval was passed. Mr. Parker stated this is what he wants to see cleared up. That it goes through the process that everything else has to go through and it is completely through the process. He wants to make sure it is right. Mr. Vis discussed the legal process. He asked Mr. Austgen about re-publishing and re-noticing. Mr. Austgen stated the motion is a remand for review. The return back here is fairly ministerial. That means when the Plan Commission is done with review, you have their comments and everyone either agrees or not. That is where you have the certification place. There is an ordinance here. The trouble is with the contingencies referenced in the document and by discussion. It was confusing. Mr. Austgen stated both of them reviewed the minutes. There is enough confusion that it needs to be right. Mr. Vis asked which Plan Commission date it will be headed to. There is one tomorrow evening. Mr. Thiel stated tomorrow is a work session. Mr. Parker stated the next public one. Mr. Thiel stated two weeks. Mr. Parker stated he is okay with reviewing it tomorrow night. Mr. Recupito stated if there is anything left outstanding, the Plan Commission should handle it. He wants to make sure everything is dotted and crossed. He wants Plan Commission to vet everything that was submitted. Mr. Vis discussed the item being vetted with engineering, staff, and legal. Mr. Parker stated it just needs one more review to make sure everything is like it is supposed to be. To make sure everyone is good with the language that was worked on last Friday. Mr. Vis voiced concern with it being delayed another thirty days. Mr. Recupito stated he wants to see it done right. Mr. Vis again stated nothing has changed substantially on the project since it was ready for approval in September. His client has voiced frustration with the process. Mr. Parker discussed his frustration with the process. Typically, when the Plan Commission sends something on it is done and ready. That was two months ago. Mr. Vis stated in November he sent several requests for legal review and did not get one until ten days ago. Mr. Parker stated things take time. Mr. Austgen stated he works for the Town Council. He does not take direction from developers or their representatives. Mr. Vis continued to voice his frustration with the lengthy process. Mr. Parker stated they go through a multitude of things. This is a unique use and project. It is more difficult to vet. They are exercising caution. Mr. Scott Pillar, 12921 Parrish, asked what they are missing. Mr. Parker stated he would explain. What came in last Friday and the updated version that Plan Commission got at the last Plan Commission meeting was not formal. He does not think that Plan Commissioners have had the opportunity to review all of the changes and things presented. There were significant changes. Mr. Pillar stated they have never received a response to what the conditional recommendation is. Mr. Parker stated he was confused by that too. He has been involved with Plan Commission for a total of fourteen years and he has never seen that before. Mr. Pillar stated Mr. Parker seconded that motion. Mr. Parker stated that is because his deferral to finish it failed. Mr. Pillar stated the next day they sent out asking what that meant. Mr. Parker stated he still does not understand how the Town Council can do a conditional approval on information that the Plan Commission did not vet. Mr. Thiel asked about phase one and install of infrastructure. He asked Mr. Kubiak if there was any type of flow meter on the lift station. Mr. Kubiak stated all based off of water. Mr. Thiel asked if there were existing wells that would possibly be in the sewer system. Mr. Kubiak stated no, just the barn. No water into any sewer. This is just the zoning. The engineering is yet to come with the details. They have a conceptual plan of how things are going to work. The delay was the concerns of the Plan Commission with the fence on the south side and actual development plan. Building heights and square footage. Those were the prior concerns. Now it is all dialed in. Mr. Vis stated there is a large well. What they wrote in the PUD was it could service the educational out building. If toilets were to be installed, they would have to swap to a metered system. Mr. Thiel further discussed metered versus unmetered water. Mr. Parker asked Mr. Kubiak if the Plan Commission took formal action on what was discussed or did they just get briefed on it. Mr. Kubiak stated the Plan Commission just received the updated plans to review. They were in the situation of the motion made by the Plan Commission was unique. Mr. Parker stated he thinks it needs to go back to the Plan Commission because he, Mr. Kubiak, worked with them and resolved some things. There was never a formal recommendation. Mr. Kubiak stated he gets it. Mr. Parker stated he does not like the two sets of rules for anybody. He voiced concerns of future projects and items not being vetted properly. A lengthy discussion continued on procedure.

Motion carries, 4–3.

Old Business

1. Park Board Recommendation to Amend Ordinance No. 1449 – Park Superintendent Job Description

This item was deferred from February 17, 2026. Mr. Recupito stated this is an amendment to Ordinance No. 1449. He asked Mr. Austgen asked if they get to adopting, is that what they are adopting is an amendment to 1449. Mr. Austgen stated they are.

A motion to approve the recommended amendment to ordinance 1449 but to replace town administrative department on number 18 to read Town Council and Park Board was made by Mary Joan Dickson. Second was made by Richard Thiel.

Mr. Carnahan stated he has had two Council Members contact him today. He is getting two different opinions. He is concerned on what this is doing. He asked what does it say right now and what are they actually changing. He stated he is not convinced he wants to vote for it. Mrs. Dickson stated the Park Board voted at their meeting to change the job description so the Park Superintendent answers to them, which is by State Statute. Mr. Carnahan asked who do they answer to now. Mrs. Dickson stated right now it is the Town Manager. Mr. Recupito stated this is a recommendation from the Park Board. Mrs. Dickson stated it was at the last meeting. Mr. Parker stated if it is what State Statute says and asked Mr. Austgen for confirmation. Mr. Austgen stated it does. Mrs. Rivera asked about the Board of Safety and State Statute regarding who answers to who. She thinks there are other ordinances that have not been changed. She asked why are they changing this one now. Mrs. Dickson stated it was recommended by the Park Board.

Motion carries, 5–2.

Mrs. Dickson made a motion to amend the agenda for a second reading. Mr. Carnahan and Mr. Austgen told her she cannot. Mr. Parker told her it was not unanimous. Mrs. Dickson thanked them. Mr. Recupito stated the item will be on the March 17th agenda.

2. Approval of Town Organizational Chart

Mr. Recupito stated there have been changes. He asked if everyone was okay with it. Mr. Becker stated they just got it today. Mr. Eldridge stated they got the updated chart last Friday. The chart that was sent this afternoon had two changes as requested by Chief Mager from code enforcement to inspections and to remove emergency management from the Fire Chief. Everything else is as it was. He stated changes were recommended by Clerk-Treasurer Sandberg and are reflected. Mr. Thiel asked about Finance and if it included Sue Haase. Mr. Eldridge stated he reckons so. Mr. Thiel stated it should not be just Clerk-Treasurer. His understanding is Sue is at the will of the Council. He believes it should be a line between both Clerk-Treasurer and Town Council. Mr. Parker stated it does not sound like this is done. Mr. Thiel stated he would like to discuss it. Mr. Eldridge stated it sounds like finance would fall under professional services along with attorney and engineering. Mr. Thiel stated he was not exactly sure what the finance was. It kind of goes together. Mr. Eldridge stated he looks at finance as well your Clerk-Treasurer does the yearly budget. That's finance. Town contractors or professional services, that could be broad. Mr. Eldridge stated if they are okay with approving it with the update to professional services. He does not want to say finance because it is not really that. Mr. Thiel discussed boards and commissions, specifically the Park Board being over the Parks Superintendent. Mr. Eldridge stated he understands but his concern, he thinks a lot of people's concern, is while it may be State Statute, your Park Superintendent is being put on an island all by herself. She is being isolated from communication with the Town Manager's Office and other department heads. Mr. Thiel stated he does not know if it is splitting hairs or what but knowing how the process is. Mr. Eldridge stated as far as it goes with the Parks Superintendent, if she asks a question, he has always encouraged her to go back to the Park Board and get direction from them. If it is simple day to day stuff, they have discussions. If they want it removed, it can be removed. Mr. Thiel discussed chain of command and processes for operations. Mr. Parker stated he does not view this as her not being able to communicate with the Town Manager. She gets her direction from the Park Board. That is who is in charge of her. You can certainly have discussion and communicate. But the Statute says she has to answer to the Park Board. Mr. Recupito asked if the other departments have seen this. Mr. Eldridge stated it went out to department heads when it was updated. The only feedback he received was from Ms. Sandberg and Chief Mager. Mrs. Dickson stated he also added water as she suggested. Mr. Recupito stated it keeps growing which is not a bad thing. Mr. Eldridge stated he was asked to create this. When he first proposed it, it was too basic and he did not hear anything else. He discussed how it has evolved. Mr. Parker stated this will change from time to time. He discussed overcomplicating things. Mr. Parker discussed Senate Bill 1001 and documentation regarding policies and procedures. Nothing that happens is set in stone but if it is State Statute, it needs to be followed. This is an outline. Discussion continued on Sue's position and financial advisors. Mr. Eldridge stated he would add professional services under Town Contractors and email it out.

A motion to approve with the changes stated was made by Richard Thiel with second by Julie Rivera.

Motion carries, 7–0.

Letters of Credit

1. Centennial Estates Phase 1 Maintenance Letter of Credit Expired on February 25, 2026

This was approved by the Plan Commission on January 21, 2026 to allow expiration. A letter is in the packet from Christopher B. Burke Engineering. Remaining punch list items have been identified. Based on field work, all outstanding items have been addressed and this letter of credit was allowed to expire.

Reports

1. Town Council

Mr. Carnahan thanked Bethel Church for Spring Cleaning on Project Love Food Pantry. The food pantry will be open tomorrow. Mrs. Dickson stated on Friday she attended the annual meeting for Rebuild Northwest Indiana. They did 100 homes in Lowell and will be in Merrillville this year. The next year they will be in Cedar Lake. They are looking for donations and volunteers. The Chamber of Commerce Expo will be April 18th at the high school. She has applications. She stated she attended the AIM Legislative Dinner on Wednesday in Indianapolis. Mr. Parker stated the Plan Commission recommendations and approvals are important. Everything needs to be done before it leaves Plan Commission. He voiced concerns with others trying to fast track items. It creates a negative environment for the Town Council and the decision-making process. He is trying to make sure things are clean and everyone is treated the same. Mr. Recupito agreed with Mr. Parker's comments. He stated if it had been deferred a while back, they could have avoided all of this. Mr. Recupito asked Lynn Spinks, Secretary for the Cedar Lake Chamber of Commerce. Mrs. Spinks introduced herself. Mr. Recupito stated Mrs. Dickson will be the liaison between the Town Council and the Chamber of Commerce.

2. Town Attorney

No report.

3. Clerk-Treasurer

Mrs. Nagy reported Ms. Sandberg filed the Annual Financial Report in a timely manner.

4. Town Manager

Mr. Eldridge reported two new businesses received occupancy in February. The address is 13781 Alexander, Units A and C. Sherman Towing and Recovery and BT Video Systems.

Written Communication

None.

Public Comment

Carol Kerr, 9900 W 129th Place, asked the Town Manager about meeting with Senator Niemeyer. She asked if anything could be shared. Are they doing anything about the water or sewer? Did they offer anything? Mr. Eldridge stated he did meet with Senator Niemeyer and representatives from IDEM. They discussed different options for the wastewater. They did not get into the water. No decisions made just some recommendations from IDEM. IDEM gave forms to fill out if they wanted to address sewer concerns. No official decisions made. Senator Niemeyer did offer support to Cedar Lake in whatever route they wish to go. It was more of a meet and greet. Mrs. Kerr asked what is going to happen with the water and if another well would be dug. She stated she felt he did not like to share things. When asked about meeting with the Senator, you have nothing to say. Mr. Eldridge stated it was just a meet and greet. No official decisions were made. As far as the water, there are a couple of potential sites being looked at. Test wells have been put in. They are waiting on the results to come back from Peerless Midwest. Mrs. Kerr asked if he could tell them where the test wells were put in. Mr. Eldridge stated one was put in at the Blue Sky area not yet developed. Mrs. Kerr asked about the sulfur. Mr. Eldridge stated it was a higher sulfur content than they like to see. Mrs. Kerr asked about getting that out. Mr. Eldridge stated there are treatment processes but that adds to expenses. That is an additional treatment step. Mrs. Kerr asked if Olthof was willing to provide funding to do that. Mr. Eldridge stated Olthof Homes has indicated they are willing to work with the Town. They are investigating other sites they own for test wells. He converses with Mr. Olthof weekly. Mrs. Kerr asked if he is talking with other builders. Mr. Eldridge stated he has been in contact with four others. All expressed interest in helping the Town. Olthof Homes has been the one to step up the most.

Marlene Suits, 14027 Channel Place, asked if there is a moratorium on water and on sewer. Mr. Recupito explained they passed a developmental moratorium resolution a couple years ago. That stopped any unplatted parcels of land over an acre in size from proceeding with building. Anything pre-approved is what is being built on now. Mrs. Suits stated there is property that is owned by McFarland on Reeder Road. She asked if that is on hold because of water. Mr. Recupito stated he does not know the exact parcel she is talking about. But if it is within the Town limits and it has not gone through the subdivision process and platting with the Town it would be subject to the moratorium. Mrs. Suits asked about the golf course. Mr. Recupito stated same thing. Mrs. Suits asked if sewer is also an issue with the projects beginning. Mr. Recupito stated when they instituted the moratorium, the group was mostly new. They had a lot of fact finding to do. They found issues with the water and muddled through issues with sewer too. He does not believe the issues with sewer are as dire. Mrs. Suits stated on Morse, they are working there and moving the pump station from one side of the road to the other. Mr. Parker stated that is just the force main. Mr. Kubiak explained that was just a new force main from the lift station to 149th. It helps pump the sewage up the hill. It is a replacement. It was breaking frequently and needed to be replaced. Mrs. Suits asked can people go down state and get permission to hook up to a water line here. Mrs. Dickson asked if she meant supersede the Town Council. Mr. Austgen stated there is a permitting process and the Town is included in that process. The review of the permit will be accompanied by the water connection permit. Mrs. Suits asked about the State having an influence. If they could push something through. Mr. Austgen stated the State could deny a permit or they could have a discussion on but the process does not contemplate that. Mrs. Suits asked about the Friary Farms proposal. She discussed a previous meeting about the proposal and the car lot of 250 cars and another parking lot. She discussed the proposed entertainment venue as well as a wedding venue and the traffic going in and out. She voiced concerns with the two-lane road and ingress and egress. She voiced concerns about the Town providing additional police. Mrs. Rivera stated she likens it to the Lighthouse. The Town does not provide traffic control for weddings. Mrs. Suits voiced concerns with the lack of traffic lights on Parrish Avenue. Mr. Parker stated they are working towards an agreement for the PUD. It has been a brutal process. It has to do with the uniqueness of what is being proposed. More engineering will have to be done on phases as they happen. Mrs. Suits continued to voice concerns with the proposed use and traffic as well as water availability. Mr. Recupito recommended Mrs. Suits attend Plan Commission meetings to voice her concerns.

Barb Orze, 10290 W 138th Place, discussed the water concerns. She asked if the water restrictions would continue. Mr. Recupito stated they seem to be going year to year. It seemed to work out last year. Mrs. Orze urged them to continue with the schedule. A brief discussion continued.

Carol Kerr asked who was in charge of all this when the subdivisions were being built. She asked who looked into that. Mr. Recupito asked who looked into what. Mrs. Kerr stated the fact that they might not have enough water. Mr. Recupito stated I do not know. He has only been here a couple of years. They instituted the moratorium to protect the resources as well as enhance them. Mrs. Kerr continued to voice concerns and asked who is in charge of that. Mrs. Rivera stated that is why there are test wells. The developers are willing to do test wells. There is water but they have to find the right water and production wells. Mrs. Kerr asked how they got into the situation now. Mrs. Rivera stated there was not an issue when they were all built. Mr. Parker stated he can explain that. For years there was no building. The Town did not have a water utility. The Town acquired the private water utility in 2008. Mr. Carnahan stated two of them. Mr. Parker stated there was a big building boom. All the pre-approved subdivisions post first crash all started building in fury. That is what has kind of caused the problem. They have never really been prepared for a big building boom. Mrs. Kerr discussed the grass and sprinkling.

Adjournment

President Recupito called the meeting to adjournment at approximately 8:10 PM.