TOWN OF CLEAR LAKE
MEETING MINUTES

Minutes of the September 12, 2005 Town Council Meeting

The September 12, 2005 Town Council meeting was called to order at 7:08 p.m. by Jack McArdle, President. Present were: Jack McArdle, Anthony Kraus, Councilman; Donald Stuckey, Town Attorney; Virginia Nye, Clerk Treasurer; and Bruce Snyder, Zoning Inspector. Thirty four people signed the guest register.

The minutes of the August 8, 2005 Council Meeting were read by Virginia Nye. Tony Kraus moved approval, Jack McArdle seconded, and the motion carried.

The financial report was then given by Virginia Nye. The fund balances for August are as follows:

General Fund Accounts     $572,699.39
Garbage Account              $128,731.28
Sewer Utility                      $888,152.12
Build Indiana CDs               $ 63,831.92

Tony Kraus moved approval of the financial report, Jack McArdle seconded and the motion passed.

Warrants in amounts of $200 and over totaled $90,717.09. Tony Kraus made a motion to approve, seconded by Jack McArdle, and the motion passed.

The Marshal’s report was read by Tony Kraus. He moved approval, seconded by Jack McArdle, and the motion carried.

Bruce Snyder gave the Zoning and Building Report. There were 10 Improvement Location Permits issued from August 9 to September 12. On August 29, 2005, the Board of Zoning Appeals held a special meeting to hear three applications for zoning variances. Two applications were approved, the third variance request was withdrawn. Three applications for Demolition Permits were made during this period. The next regularly scheduled BZA meeting will be held on September 19, at 7:00 p.m. There will also be a special hearing on the James and Cathy Nevins property on October 24, 2005 at 7:00 p.m. at St. Paul Chapel.

OLD BUSINESS

Don Stuckey reported on the town’s litigation. There were several depositions on the Geiger lawsuit about two weeks ago. He has not heard a report on these depositions. On the Hoagland lawsuits, we are in the stage of gathering information, documents and support.

Jack McArdle, in Bob Hull’s absence, reported that Bob had solicited bids for two paving projects. Resolution to accept the bid from API was proposed by Anthony Kraus, seconded by Jack McArdle, and carried, pending approval by the Town Superintendent. If, after review by the Town Superintendent, it is found that the other bid is lower, the Town will choose the lowest bid.

NEW BUSINESS

The Town of Clear Lake is approaching time to lift the moratorium on sewer connections. In order to conduct this in an orderly fashion, Jack McArdle requested from the audience working points or factors to consider in handing out permits for these connections. Of the original design there are 13 who are not hooked up and that leaves 58 connections to consider. He asked for audience suggestions and ideas.

Some factors suggested for consideration in handing out remaining permits are:

The town will need between 2 and 5 grinders
All lake front lots would have priority
Property must be within town limits
One lot per owner for the first round
Powhattan Bay is plotted, therefore not in the 60 number
Penner Drive, there are 5 empty lots not developed on street
How many lots in Penn Acres and cul de sacs into Round Lake?
Grant permit, build when ready
When apply and permit granted, start paying on sewer
Application stays with piece of property or any transfer in open meeting
Resolution to be approved by attorney
DNR--Monitor what state is doing
Two cottages on 1 grinder
Limit number of residences to 2
Limit on flow into Fremont?
Pump stations our problem
Legal question – Can you deny someone in town?
Look at bonding documents for possible limitations
Take count of plotted lots around the lake
Other legal questions:
Health and safety
Lawful basis for discrimination or random
Basis in health and safety or some random method for development
Property rights
Application process: 1 permit per person for first round?
Ziems 1140 LD, has 3 lots for sale
Who applies for permits? Ziems or new owner?
Transfer permit – issue

The council will take these ideas under consideration.

Tony Kraus made a motion to adjourn at 8:10 p.m., Jack McArdle seconded and the motion passed.



_______________________________________
Jack McArdle


_______________________________________
Virginia Nye, Clerk Treasurer
 

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