Minutes Of The December 14, 2009 Town Council Meeting
The regular meeting of the Town Council of Clear Lake, Indiana was held at the
town hall on Monday, December 14th at 7:00 pm. Present were Council Members Bob
Lewis, George Schenkel, Sue Williams, Barry Worl and Alan Korte. Also present
were Town Manager, Bob Hull, Zoning Administrator, Bruce Snyder and Town
Attorney, Neal Blythe. There were 14 citizens who signed the quest register.
Prior to calling the meeting to order, President Bob Lewis asked those present
for a moment of silence in which to remember Jack McArdle, former president of
the town council and his wife, Karen who lost their lives on December 11, 2009
in a car accident.
President Bob Lewis called the meeting to order by asking everyone to stand and
repeat the Pledge of Allegiance.
Minutes of the November 9th meeting were read. Bob Lewis asked for a motion to
approve the minutes as read. The motion was made by Sue Williams, seconded by
Barry Worl, all in favor and the motion passed.
Financial report was given by the Clerk-Treasurer for the month of November
stating the beginning and ending balances for cash and investments, receipts and
disbursements for the General Fund, Garbage Fund and Sewer Fund. This report is
attached to the minutes.
Vouchers for the month of November were as follows for the following funds:
General Fund $254,535.77
Garbage Fund
6,650.39
Sewer Fund
283,811.15
Total Amount of Vouchers $544,997.31
Warrants to be approved totaled $11,829.62
A motion was made by Alan Korte to approve the Financial Report, vouchers, and
warrants to be paid, seconded by George Schenkel, all in favor and the motion
passed.
REPORTS:
MARSHAL’S AND FIRE DEPARTMENT:
Barry Worl reported for the Marshal that the
department is on reduced hours for the month and investigative activity has
slowed considerably. Officer McCarty has been off due to shoulder surgery and is
scheduled to have the second shoulder operated on soon. Upon Officer McCarty’s
return he will be on “light duty” for the next 4-6 weeks. Marshal Gonya included
a summary of activities for the calendar year 2009 and that report is attached
to the minutes.
Barry also reported that the Fremont Fire
Department made 33 calls for the month of November, none of them in the Town of
Clear Lake and 1 woods fire in Clear Lake Twp.
ZONING ADMINISTRATOR:
Bruce Snyder reported for the month of November
there were 5 Improvement Location Permits issued, 2 variance applications were
heard by the Board of Zoning Appeals and 3 Stop Work Orders were issued. The
report is attached to the minutes.
TOWN MANAGER:
Bob Hull reported that the sewer line at 826 had
been excavated and insulated because it has been a problem for the past several
winters with freezing. Quiet Harbor #1234 grinder has a broken seal allowing
ground water into the sewer line, it will be replaced as soon as weather
permits.
Bob also reported that the snowplow is in good
working condition, ready for the season to begin. The salt barn is finished,
waiting for the concrete to cure before filling with sand and salt.
BILLING CLERK:
Billing clerk will be going to small claims court
on January 19th, 2010 for the two outstanding garbage bills totaling $517.74.
Outstanding sewer accounts total $23,466.27. Final notices and liens have been
sent and filed on 8 accounts.
UNFINISHED BUSINESS:
LITIGATION:
Neal Blythe reported the McElhinney case was
closed and the town was not involved.
The Hoagland Family Limited Partnership has hired
a new attorney. The fence case has been continued until June giving the new
attorney time to review the case.
Judge Wheat would like the case of imminent
domain over the sewer with Hunt, Sudhoff to be resolved soon. Surveys for that
case are being made. Procedural motions have been filed between Hoagland and
Nevins defendants for hearings of summary judgment.
Certified letters will be mailed by the end of
the year to residents that have not hooked-up to the town’s sewer system.
ORDINANCE 2009-9: 3RD READING – AN ORDINANCE CREATING A FUND TO
RECEIVE DONATIONS FROM THE CLEAR LAKE ASSOCIATION, INC.
A motion was made by Sue Williams to suspend the
rules and read by summary only, seconded by Barry Worl, all in favor and the
motion passed.
Bob Lewis read the ordinance by summary only and
asked for a motion to accept the ordinance. A motion was made by George Schenkel
to accept the ordinance, seconded by Alan Korte, all in favor and the motion
passed.
ORDINANCE 2009-10: 2ND READING – AN ORDINANCE AMENDING THE CLEAR
LAKE SEWER ORDINANCE
ORDINANCE 2009-11: 2ND READING – AN ORDINANCE ESTABLISHING LOCAL
PLANNING AND ZONING FEES PURSUANT TO THE UNIFIED DEVELOPMENT ORDINANCE
For Ordinance 2009-10 and 2009-11, a motion was
made by George Schenkel to suspend the rules and read by summary only, seconded
by Sue Williams all in favor and the motion passed.
A motion was made to close the public meeting and
open the public hearing by George Schenkel, seconded by Sue Williams, all in
favor and the motion passed.
Bob Lewis read both ordinances by summary only
and asked for any further discussion on the ordinances. There being none, a
motion was made by George Schenkel to close the public hearing and open the
public meeting, seconded by Alan Korte, all in favor and the motion passed.
Bob Lewis asked to accept Ordinance 2009-10 and
Ordinance 2009-11 on the second reading. A motion was made by Barry Worl to
accept Ordinance 2009-10 and Ordinance 2009-11 on the second reading, seconded
by Sue Williams, all in favor and the motion passed.
ORDINANCE 2009-10: 3RD READING – AN ORDINANCE AMENDING THE CLEAR
LAKE SEWER ORDINANCE
ORDINANCE 2009-11: 3RD READING – AN ORDINANCE ESTABLISHING LOCAL
PLANNING AND ZONING FEES PURSUANT TO THE UNIFIED DEVELOPMENT ORDINANCE.
Bob Lewis read Ordinance 2009-10 and Ordinance
2009-11 by summary only and asked for a motion to accept on the third reading.
The motion was made by George Schenkel, seconded by Alan Korte, all in favor and
the motion passed.
An amendment was made to Ordinance 2009-11 to
amend the fee for Fence and Retaining Wall Permits from $10 to $25 and the fee
charged to all applicants for the Platting of Subdivisions, Special Exceptions,
Variances, Appeals, Re-zoning, Vacations, and any other petition requiring a
public hearing from $50 to $100.
A motion was made by Alan Korte to accept the fee
changes, seconded by George Schenkel, all in favor and the motion passed.
NEW BUSINESS:
ORDINANCE 2009-13: 1ST READING – AN ORDINANCE AMENDING THE ZONING
DESIGNATION FOR THE REAL ESTATE LOCATED AT 375 LAKE DRIVE.
Bob Lewis read Ordinance 2009-13 in its entirety
and asked for a motion to accept on the 1st and only reading. A motion was made
by George Schenkel to accept on the only reading of Ordinance 2009-13, seconded
by Sue Williams, all in favor and the motion passed.
ORDINANCE 2009-12: 1ST READING – AN ORDINANCE AMENDING THE CLEAR
LAKE UNIFIED DEVELOPMENT ORDINANCE.
Bob Lewis read Ordinance 2009-12 to clarify the
changes in the UDO in its entirety then asked for a motion to accept the changes
as presented. A motion was made by Barry Worl to accept the changes in the UDO
as presented in Ordinance 2009-12, seconded by Alan Korte, all in favor and the
motion passed.
Bob Lewis stated that the new UDO books will be
ordered.
There being no further business at 7:45 p.m. Bob Lewis asked for a motion to
adjourn. The motion to adjourn was made by George Schenkel, seconded by Alan
Korte, all in favor and the motion passed.
Robert E. Lewis, Council President
Kay A. Kummer, Clerk-Treasurer