[0:05] there we go

[0:06] the twilight zone

[0:09] the uh regular meeting of the mishwa

[0:11] common council for september 21st 2020

[0:14] will please come to order

[0:16] we are continuing to operate in

[0:19] conjunction with governor holcomb's

[0:21] executive order 2037

[0:23] concerning base max being worn here in

[0:25] city hall when social distancing isn't

[0:27] possible as it is with all of us here up

[0:29] here

[0:30] and then also we do note that we have at

[0:33] least one if not more members of the

[0:35] public who are taking advantage of our

[0:37] live stream of this evening's meeting

[0:40] members of the public are asked to place

[0:41] their microphone on mute during the

[0:43] meeting with the exception of any public

[0:45] hearing

[0:45] at the appropriate point of the public

[0:47] uh

[0:54] all persons wishing to make public

[0:56] comments will be asked to first state

[0:57] their name and address for the record

[0:59] and after completing his or her public

[1:01] comments uh the public will once again

[1:03] be asked to place their microphone on

[1:05] mute

[1:06] thank you in advance for everyone's uh

[1:08] cooperation

[1:09] with these altered procedures

[1:14] and with that we'll ask everyone to join

[1:17] us in the pledge of allegiance that

[1:19] which will be followed by a moment of

[1:20] silence in remembrance of the now more

[1:22] than two hundred thousand americans

[1:24] who have lost their lives as a result of

[1:25] covet 19.

[1:32] the united states of america and to the

[1:34] republic for which it stands

[1:36] one nation under god indivisible with

[1:40] liberty

[1:40] and justice for all

[1:50] thank you

[1:56] madam clerk would you please call the

[1:57] role

[1:58] [Music]

[2:01] mrs demay here mr benicki here

[2:04] mr hazen here mr malenti here

[2:07] mr emmons here mr bellavitch here mr

[2:10] campton

[2:11] here volker here mr hickson here

[2:15] all council members are present in the

[2:17] chambers thank you

[2:19] approval of the minutes of our regular

[2:21] meeting of september 8 2020 are there

[2:23] any additions or corrections to the

[2:24] minutes

[2:27] hearing none that they will stand as

[2:29] approved as received by

[2:31] from the clerk's office thank you

[2:34] petitions communications remonstrance

[2:35] and memorials

[2:38] yes mr president we have a letter from

[2:40] the board of zoning appeals regarding

[2:42] their recommendations from their

[2:43] september 8th

[2:44] 2020 meeting honorable members a regular

[2:48] meeting of the mishwa board of zoning

[2:49] appeals was held on the above reference

[2:51] date at which to

[2:52] the time the following used variance was

[2:54] considered appeal number 2020-43

[2:58] an appeal submitted by jv and sue

[3:00] peacock outpost sports

[3:02] requesting a used variance for 3602

[3:05] grape road number

[3:06] 11 to allow allow microblading services

[3:10] existing salon the board with a vote of

[3:12] five to zero recommended approval

[3:14] is signed by kerry myers administrative

[3:16] planner and secretary to the board of

[3:18] zoning appeals

[3:20] we also have a letter from the city plan

[3:22] commission regarding recommendations

[3:24] from their september 9th

[3:26] 2020 meeting

[3:29] honorable members a regular meeting of

[3:31] the mishwaka's plan commission was held

[3:33] on the above reference date at which

[3:34] time the following proposed

[3:36] ordinances were considered petition

[3:38] number 2020-18

[3:39] a petition submitted by bfr owner

[3:42] and rfj auto t properties llc contingent

[3:46] purchaser

[3:47] requesting to rezone 4211 grape road

[3:51] from c1 general commercial district to

[3:53] c4 automobile oriented

[3:55] commercial district commission with a

[3:57] vote of 7 to 0 recommended approval petition number

[4:01] 2020-19

[4:03] a petition submitted by richard lafrise

[4:05] seeking to amend the deer run pud to

[4:07] permit

[4:08] i1 light industrial use on lots 2 3 and

[4:11] 4.

[4:12] the commission with a vote of seven to

[4:14] zero recommended approval subject to the

[4:15] following conditions that maya

[4:17] may omit reading the lengthy conditions

[4:19] thank you so

[4:21] much petition number 2020-20 a petition

[4:24] submitted by lions head

[4:25] development llc seeking to annex in zone

[4:29] 15165 15195 and 15201 cleveland road

[4:34] granger to r3 multi-family residential

[4:37] district

[4:37] the commission with a vote of 720

[4:39] recommended approval

[4:41] pursuant to indiana code 36-7-4-6-0-5

[4:46] mishawaka plant commission hereby

[4:48] certifies to the mishwacka county

[4:49] council

[4:50] the attached proposed ordinances

[4:51] regarding the above matters

[4:53] this is signed by kerry myers

[4:54] administrative founder and secretary to

[4:57] the city

[4:58] and commission thank you we have no

[5:02] report of any special committee this

[5:04] evening so we'll move into ordinances on

[5:05] first reading

[5:06] yes mr president we have proposed

[5:08] ordinance number 2020-30

[5:12] and ordinance amendment chapter 137 of

[5:14] the municipal code of the city of

[5:15] mishawaka indiana is from time to time

[5:17] amended

[5:18] commonly known as the zoning ordinance

[5:20] of 1966 of the city of mishawaka indiana

[5:23] this rezoned from c1 general commercial

[5:26] district to c4 auto oriented commercial

[5:29] for an auto sales at 4211 north grave

[5:32] road thank you proposed ordinance number

[5:36] 2020-30 will be assigned to the lane use

[5:38] planning committee

[5:40] proposed ordinance number 2020-31 in

[5:43] ordinance mending chapter 137 of the

[5:46] municipal code of the city of mishawaka

[5:48] indiana as from time to time amended

[5:50] commonly known as the zoning ordinance

[5:52] of 1966 of the city of mishawaka indiana

[5:56] this is deer run pud amendment to permit

[5:58] i-1 light industrial

[6:00] uses in vacant property at southwest

[6:03] corner of deer run drive

[6:04] south and and for road

[6:08] proposed ordinance number 2020-31 will

[6:11] also be assigned to the land use

[6:12] planning company

[6:14] proposed ordinance number 2020-32

[6:18] and ordinance indexing contiguous

[6:19] territory to the city of mishwaka

[6:21] indiana and providing zoning

[6:22] classification therefore

[6:24] this is annexation and rezoning for a

[6:27] proposed multi-family townhome

[6:28] development

[6:32] 15165-15195-152

[6:34] cleveland road proposed ordinance number

[6:38] 2020-32 will be assigned to the land use

[6:40] planning committee

[6:42] proposed ordinance number 2020-33

[6:45] the civil city budget and tax levy for

[6:48] 2021.

[6:50] proposed ordinance number 2020-33 will

[6:53] be assigned to the budget and finance

[6:54] committee

[6:55] proposed ordinance number 2020-34

[6:59] an ordinance amending the salaries of

[7:00] all employees of the city of mishawaka

[7:02] except

[7:03] the mishwaka park department elected

[7:05] officials in the mishwaka utilities

[7:07] for the city of mishawaka indiana for

[7:09] the year beginning january 1st

[7:10] 2021 proposed ordinance number 2020-34

[7:15] will be assigned to the

[7:16] budget and finance committee resolutions

[7:23] resolution 2020-19 the resolution of the

[7:27] common council of the city of michigan

[7:28] indiana introducing an ordinance for

[7:30] annexation adopting a written fiscal

[7:32] plan

[7:33] and a definite policy for annexation for

[7:35] the property located at

[7:37] 1141 and 1241 east 12th street mishwach

[7:41] indiana

[7:43] south of those two thank you

[7:48] this is a public hearing on proposed

[7:49] resolution 2020-19

[7:52] anyone wishing to speak in favor who

[7:53] would please come forward good evening

[7:54] mr prince

[7:55] good evening mr president uh members of

[7:57] council ken prince city planner

[8:00] uh first tonight i want to thank christa

[8:02] hill in my office who prepared the

[8:03] fiscal plan

[8:04] that you're reviewed prior to this

[8:06] evening as you're aware the property is

[8:09] located south of the adorn facility on

[8:11] 12th street

[8:12] two parcels one on the southwest corner

[8:15] the other on the southeast corner the

[8:16] total amount of acreage is 3.46 acres

[8:20] in compliance state law requires a

[8:22] minimum 12 and a half percent adjacency

[8:24] to the city consider annexation

[8:27] uh parcel one has a continuity of 61

[8:30] percent

[8:31] parcel to 50 and we'll note that all

[8:35] our city departments have reviewed the

[8:36] request and have identified that no

[8:38] additional

[8:40] funds or projects are necessary for the

[8:42] annexation

[8:43] this is essentially a enlarging of the

[8:46] adorn

[8:48] site for their future expansion happy to

[8:50] answer any questions

[8:53] thank you are there any questions from

[8:54] the council for mr krantz

[8:59] thank you sir thank you

[9:04] is there anyone anyone else in the

[9:05] chambers physically present who wishes

[9:07] to speak

[9:08] in favor of the proposed resolution you

[9:10] would please come forward

[9:15] my name is terry lang from laying fenian

[9:16] associates our address is 715

[9:18] south michigan street south bend i

[9:21] represent the

[9:22] petition before you um as canada

[9:24] indicated there were two parcels that

[9:26] had never been included as part of the

[9:28] city

[9:29] they're in the process of getting ready

[9:30] to do a building expansion on the site

[9:33] it came to light that those two small

[9:35] parcels have been

[9:36] left out of the city for some reason so

[9:39] we're going through the process of

[9:40] annexing them

[9:42] and the ability then we will be

[9:44] preparing a flat

[9:45] merging the parcels all together and

[9:46] there'll be a large building expansion

[9:48] kind of connecting those two buildings

[9:50] together in the future right there is

[9:52] the game plan

[9:54] all right thank you are there any

[9:55] questions for mr lang

[9:59] thank you sir

[10:02] is there anyone else physically present

[10:04] who wishes to speak in favor of proposed

[10:05] resolution 2020-19

[10:11] seeing no one is there anyone

[10:12] participating remotely who wishes to

[10:13] speak in favor of proposed resolution

[10:15] 2020-19 if so please begin by unmuting

[10:18] your microphone and state your name and

[10:20] address for the record

[10:26] hearing no one is there anyone

[10:27] physically present who wishes to speak

[10:29] in opposition to the proposed resolution

[10:35] we will then move to anyone

[10:37] participating remotely who wishes to

[10:38] speak in opposition to the proposed

[10:40] resolution if so please unmute your

[10:44] microphone

[10:47] thank you are there any council members

[10:49] who wish to speak

[10:52] if not then i call for the question madam clerk would you please

[10:56] pull the council

[10:57] mrs demaid yes mr bernicki yes mr hayson

[11:01] yes mr mamelanti yes mr emmons yes

[11:05] mr beloved yes mr campton yes

[11:08] mrs voelker yes mr hickson yes

[11:11] the resolution passes nine two zero

[11:21] resolution 2020-20 a resolution of the

[11:24] common council of the city of missile

[11:26] indiana approving a petition of the

[11:27] mishwa

[11:28] board of zoning appeals for the property

[11:30] located at 3602

[11:32] grape road number 11. this is a use

[11:36] variance to allow microblading inside an

[11:38] existing salon and that would be root

[11:40] salon

[11:42] thank you this is a public hearing on

[11:45] proposed resolution 2020-20

[11:48] anyone wishing to speak in favor if you

[11:50] would um

[11:52] please begin by unmuting your microphone

[11:55] stating your name and address for the

[11:56] record

[12:05] is there anyone uh participating

[12:07] remotely who wishes to speak in favor of

[12:09] proposed resolution 2020-20

[12:13] regarding 3602 grape road suite 11.

[12:22] there is a caller that has unmuted their

[12:24] microphone

[12:27] if there is someone wishing to speak on

[12:28] this proposed resolution if you would

[12:29] begin by stating your name and address

[12:31] for the record

[12:32] we can proceed

[12:45] one more time i'll inquire if there is

[12:47] anyone participating remotely who wishes

[12:49] to speak with regard to

[12:51] the resolution on 3602 grape road sweet

[12:55] 11 which is the root salon

[13:08] all right in light of the fact that we

[13:10] don't have a petitioner at this point

[13:12] the chair would entertain a motion to

[13:13] his postpone so

[13:17] second motion has been made

[13:20] and seconded to postpone the public

[13:23] hearing of proposed resolution 2020-20.

[13:26] mr compton do you have a date certain in

[13:28] mind that you'd like to postpone it to

[13:29] our next regular next regular meeting

[13:31] perfectly well

[13:33] then under mr compton's motion that's

[13:34] been seconded this would be postponed

[13:36] until our next

[13:37] regular council meeting any further

[13:40] discussion or questions from the council

[13:45] if not all in favor signify by saying

[13:47] aye aye

[13:48] opposed this matter will be postponed

[13:51] until our next regularly scheduled

[13:53] council meeting

[13:54] ordinances on second reading

[14:05] proposed during december 2020-28 and

[14:08] ordinance annexing contiguous territory

[14:10] to the city of mishawaka indiana

[14:12] and providing zoning classification

[14:14] therefore this is to annex

[14:16] adjacent property to be included in a

[14:18] subdivision

[14:19] south and east of 1141 and 1241 east

[14:22] 12th street this is a vote

[14:24] only

[14:28] thank you consistent with the

[14:32] requirements of state law

[14:33] we have um conducted a public meeting or

[14:36] i'm sorry a public hearing on this

[14:38] matter and also received our committee

[14:40] report

[14:41] no and we have not then we will ask for

[14:43] the committee report

[14:45] mr president mr ellens to the members of

[14:48] the common council of the city of

[14:49] mishawaka

[14:50] your committee on land use planning to

[14:52] whom was referred

[14:53] the matter of proposed ordinance number

[14:56] 20-28 report that they have examined

[14:58] said matter

[14:59] and that in their opinion it should be

[15:01] adopted this is signed by the entire

[15:03] committee and i move forward

[15:04] acceptance thank you a motion has been

[15:08] made and

[15:08] seconded to approve our only committee

[15:10] report this evening that i evidently

[15:12] forgot about

[15:13] all those in favor signify by saying aye

[15:16] opposed now we will move into

[15:19] uh questions and comments from the

[15:21] council with respect to

[15:22] proposed ordinance 2020-28

[15:30] mr benicki i just have one for mr prince

[15:33] that little area is there other islands

[15:37] properties that are still in the county

[15:39] that are totally surrounded by the city

[15:45] mr president bruce council can print

[15:47] city planner yes we have quite a few

[15:50] and what happens is as we grow over time

[15:53] the way annexation

[15:54] law is now set up essentially people

[15:56] have to agree you have to voluntarily

[15:59] annex your property in order for it to

[16:00] come in we have some very

[16:02] this is actually a very um not a very

[16:05] large

[16:05] it's a large island that is kind of you

[16:08] take saint jerome at the dead end

[16:10] uh the area the chrisman property

[16:12] includes a lot of it but then there's

[16:14] also

[16:14] um the auto repair

[16:18] place on their field there are a number

[16:20] of properties that are

[16:21] surrounded by the larger city but this

[16:23] is one of those islands

[16:25] there's a small island on university

[16:27] drive by granger community church

[16:30] if you look down for a road on the west

[16:32] side of fur road

[16:34] there are some large islands that were

[16:35] created when we annexed for a road and

[16:37] brought in the area one of them is um

[16:41] the area where the cheer academy the uh

[16:43] ped amendment that you have

[16:44] that is written frustrating tonight the

[16:46] area behind that is another large island

[16:49] um there are others too but i'll i'll

[16:50] stop at that but i mean but basically

[16:52] they have to almost request we can't

[16:56] clean things up so to speak for our

[16:59] policy we have not

[17:00] um investigated there is or at least

[17:04] used to be i haven't

[17:05] verified an annexation law relative to

[17:07] this in recent years but there used to

[17:10] be a provision that if you entirely

[17:12] surround a property that you have the

[17:14] ability

[17:15] um to annex it about the consent of the

[17:18] property owners

[17:19] however you have to bring it up to

[17:21] current city standards so when we look

[17:23] at subdivisions and i use winding

[17:25] markets for example

[17:26] it's financially not feasible for us to

[17:28] annex it because we can

[17:30] without their agreement on a compromise

[17:33] on how what services would

[17:34] be provided and particularly i'm talking

[17:37] about the roads so the roads no

[17:38] sidewalks

[17:39] um ripping up for utilities there's a

[17:42] whole lot millions of dollars of work

[17:43] that doesn't make it financially

[17:45] feasible or desirable

[17:47] to annex it to bring it into the city

[17:49] without their

[17:50] consent so if they were to annex by all

[17:53] means we would consider it

[17:54] and take it on its merits but barring

[17:57] that if we were to

[17:59] do it by the surrounding provision that

[18:02] is the cost-prohibitive nature of

[18:07] annexation

[18:09] okay thank you thank you any other

[18:12] questions for mr prince

[18:14] mr hazen so if they ask me

[18:17] still have to bring them up to code our

[18:19] standards

[18:20] no we then have the opportunity to

[18:22] negotiate with them on what that

[18:24] standard would be

[18:26] again state law is not awarded you know

[18:28] black and white terms but that press

[18:30] every circumstance

[18:31] so by the loose term of bringing it up

[18:33] to city standards you can imagine if i'm

[18:35] sitting in the subdivision i don't want

[18:36] to be annexed

[18:37] i want the absolute highest grade

[18:39] standard that i can possibly do and i'll

[18:41] point to the

[18:42] half dozen subdivisions that have that

[18:44] in the city and say that's the

[18:45] comparable standard that you should bring our solution to

[18:49] whereas if they're

[18:50] voluntarily requesting it let's say they

[18:52] need sewer then we have a basis of

[18:54] working with them because there's many

[18:55] areas of the city that don't have the

[18:57] same streets and sidewalks and

[18:59] the light that we can work in

[19:03] thank you other questions for mr krauts

[19:07] thank you sir thank you

[19:11] are there any other questions or

[19:12] comments from the council

[19:16] if not then i will call for a question madam clerk would you please

[19:20] pull the council

[19:24] mrs demaid yes mr bernicki yes

[19:27] mr hazen yes mr mamelanti yes mr emmons

[19:31] yes mr beloved yes mr captain

[19:34] yes mrs volcker yes mr hickson yes

[19:38] ordinance passes 9-2-0

[19:43] privilege of the floor at this time

[19:44] members of the public are invited to

[19:46] speak with respect to non-agenda items

[19:48] only under privilege of the floor

[19:58] hearing no one we will move into

[20:00] unfinished business of which there is

[20:02] none

[20:02] and then new business is there any new

[20:04] business to come before the council this

[20:06] evening

[20:06] mr mamelanti thank you mr president i

[20:09] just wanted to publicly uh wish our

[20:11] madam clerk a very happy birthday today

[20:15] thank you that's all i couldn't spend it

[20:17] with

[20:18] finer folks

[20:22] happy birthday thank you and thankfully

[20:24] it's a quick meeting

[20:26] so you can go enjoy yourself any other

[20:29] new

[20:29] business to come to from the council

[20:30] this evening

[20:32] if not then a motion to adjourn is in

[20:34] order we are adjourned

Mishawaka City Council Meeting 09-21-20

Transcript