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there we go

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the twilight zone

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the uh regular meeting of the mishwa

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common council for september 21st 2020

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will please come to order

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we are continuing to operate in

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conjunction with governor holcomb's

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executive order 2037

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concerning base max being worn here in

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city hall when social distancing isn't

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possible as it is with all of us here up

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here

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and then also we do note that we have at

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least one if not more members of the

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public who are taking advantage of our

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live stream of this evening's meeting

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members of the public are asked to place

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their microphone on mute during the

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meeting with the exception of any public

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hearing

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at the appropriate point of the public

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uh

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all persons wishing to make public

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comments will be asked to first state

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their name and address for the record

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and after completing his or her public

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comments uh the public will once again

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be asked to place their microphone on

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mute

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thank you in advance for everyone's uh

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cooperation

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with these altered procedures

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and with that we'll ask everyone to join

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us in the pledge of allegiance that

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which will be followed by a moment of

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silence in remembrance of the now more

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than two hundred thousand americans

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who have lost their lives as a result of

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covet 19.

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the united states of america and to the

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republic for which it stands

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one nation under god indivisible with

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liberty

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and justice for all

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thank you

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madam clerk would you please call the

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role

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[Music]

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mrs demay here mr benicki here

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mr hazen here mr malenti here

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mr emmons here mr bellavitch here mr

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campton

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here volker here mr hickson here

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all council members are present in the

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chambers thank you

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approval of the minutes of our regular

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meeting of september 8 2020 are there

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any additions or corrections to the

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minutes

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hearing none that they will stand as

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approved as received by

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from the clerk's office thank you

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petitions communications remonstrance

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and memorials

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yes mr president we have a letter from

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the board of zoning appeals regarding

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their recommendations from their

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september 8th

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2020 meeting honorable members a regular

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meeting of the mishwa board of zoning

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appeals was held on the above reference

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date at which to

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the time the following used variance was

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considered appeal number 2020-43

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an appeal submitted by jv and sue

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peacock outpost sports

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requesting a used variance for 3602

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grape road number

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11 to allow allow microblading services

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existing salon the board with a vote of

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five to zero recommended approval

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is signed by kerry myers administrative

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planner and secretary to the board of

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zoning appeals

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we also have a letter from the city plan

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commission regarding recommendations

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from their september 9th

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2020 meeting

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honorable members a regular meeting of

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the mishwaka's plan commission was held

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on the above reference date at which

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time the following proposed

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ordinances were considered petition

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number 2020-18

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a petition submitted by bfr owner

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and rfj auto t properties llc contingent

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purchaser

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requesting to rezone 4211 grape road

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from c1 general commercial district to

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c4 automobile oriented

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commercial district commission with a

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vote of 7 to 0 recommended approval petition number

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2020-19

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a petition submitted by richard lafrise

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seeking to amend the deer run pud to

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permit

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i1 light industrial use on lots 2 3 and

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4.

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the commission with a vote of seven to

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zero recommended approval subject to the

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following conditions that maya

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may omit reading the lengthy conditions

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thank you so

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much petition number 2020-20 a petition

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submitted by lions head

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development llc seeking to annex in zone

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15165 15195 and 15201 cleveland road

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granger to r3 multi-family residential

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district

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the commission with a vote of 720

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recommended approval

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pursuant to indiana code 36-7-4-6-0-5

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mishawaka plant commission hereby

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certifies to the mishwacka county

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council

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the attached proposed ordinances

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regarding the above matters

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this is signed by kerry myers

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administrative founder and secretary to

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the city

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and commission thank you we have no

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report of any special committee this

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evening so we'll move into ordinances on

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first reading

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yes mr president we have proposed

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ordinance number 2020-30

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and ordinance amendment chapter 137 of

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the municipal code of the city of

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mishawaka indiana is from time to time

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amended

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commonly known as the zoning ordinance

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of 1966 of the city of mishawaka indiana

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this rezoned from c1 general commercial

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district to c4 auto oriented commercial

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for an auto sales at 4211 north grave

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road thank you proposed ordinance number

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2020-30 will be assigned to the lane use

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planning committee

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proposed ordinance number 2020-31 in

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ordinance mending chapter 137 of the

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municipal code of the city of mishawaka

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indiana as from time to time amended

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commonly known as the zoning ordinance

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of 1966 of the city of mishawaka indiana

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this is deer run pud amendment to permit

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i-1 light industrial

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uses in vacant property at southwest

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corner of deer run drive

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south and and for road

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proposed ordinance number 2020-31 will

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also be assigned to the land use

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planning company

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proposed ordinance number 2020-32

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and ordinance indexing contiguous

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territory to the city of mishwaka

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indiana and providing zoning

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classification therefore

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this is annexation and rezoning for a

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proposed multi-family townhome

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development

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15165-15195-152

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cleveland road proposed ordinance number

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2020-32 will be assigned to the land use

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planning committee

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proposed ordinance number 2020-33

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the civil city budget and tax levy for

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2021.

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proposed ordinance number 2020-33 will

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be assigned to the budget and finance

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committee

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proposed ordinance number 2020-34

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an ordinance amending the salaries of

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all employees of the city of mishawaka

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except

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the mishwaka park department elected

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officials in the mishwaka utilities

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for the city of mishawaka indiana for

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the year beginning january 1st

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2021 proposed ordinance number 2020-34

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will be assigned to the

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budget and finance committee resolutions

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resolution 2020-19 the resolution of the

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common council of the city of michigan

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indiana introducing an ordinance for

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annexation adopting a written fiscal

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plan

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and a definite policy for annexation for

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the property located at

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1141 and 1241 east 12th street mishwach

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indiana

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south of those two thank you

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this is a public hearing on proposed

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resolution 2020-19

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anyone wishing to speak in favor who

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would please come forward good evening

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mr prince

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good evening mr president uh members of

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council ken prince city planner

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uh first tonight i want to thank christa

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hill in my office who prepared the

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fiscal plan

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that you're reviewed prior to this

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evening as you're aware the property is

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located south of the adorn facility on

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12th street

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two parcels one on the southwest corner

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the other on the southeast corner the

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total amount of acreage is 3.46 acres

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in compliance state law requires a

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minimum 12 and a half percent adjacency

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to the city consider annexation

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uh parcel one has a continuity of 61

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percent

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parcel to 50 and we'll note that all

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our city departments have reviewed the

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request and have identified that no

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additional

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funds or projects are necessary for the

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annexation

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this is essentially a enlarging of the

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adorn

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site for their future expansion happy to

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answer any questions

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thank you are there any questions from

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the council for mr krantz

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thank you sir thank you

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is there anyone anyone else in the

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chambers physically present who wishes

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to speak

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in favor of the proposed resolution you

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would please come forward

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my name is terry lang from laying fenian

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associates our address is 715

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south michigan street south bend i

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represent the

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petition before you um as canada

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indicated there were two parcels that

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had never been included as part of the

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city

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they're in the process of getting ready

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to do a building expansion on the site

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it came to light that those two small

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parcels have been

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left out of the city for some reason so

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we're going through the process of

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annexing them

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and the ability then we will be

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preparing a flat

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merging the parcels all together and

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there'll be a large building expansion

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kind of connecting those two buildings

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together in the future right there is

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the game plan

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all right thank you are there any

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questions for mr lang

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thank you sir

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is there anyone else physically present

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who wishes to speak in favor of proposed

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resolution 2020-19

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seeing no one is there anyone

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participating remotely who wishes to

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speak in favor of proposed resolution

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2020-19 if so please begin by unmuting

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your microphone and state your name and

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address for the record

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hearing no one is there anyone

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physically present who wishes to speak

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in opposition to the proposed resolution

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we will then move to anyone

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participating remotely who wishes to

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speak in opposition to the proposed

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resolution if so please unmute your

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microphone

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thank you are there any council members

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who wish to speak

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if not then i call for the question madam clerk would you please

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pull the council

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mrs demaid yes mr bernicki yes mr hayson

289
00:11:01,839 --> 00:11:05,200
yes mr mamelanti yes mr emmons yes

290
00:11:05,200 --> 00:11:08,320
mr beloved yes mr campton yes

291
00:11:08,320 --> 00:11:11,360
mrs voelker yes mr hickson yes

292
00:11:11,360 --> 00:11:21,430
the resolution passes nine two zero

293
00:11:21,440 --> 00:11:24,560
resolution 2020-20 a resolution of the

294
00:11:24,560 --> 00:11:26,320
common council of the city of missile

295
00:11:26,320 --> 00:11:27,839
indiana approving a petition of the

296
00:11:27,839 --> 00:11:28,640
mishwa

297
00:11:28,640 --> 00:11:30,480
board of zoning appeals for the property

298
00:11:30,480 --> 00:11:32,640
located at 3602

299
00:11:32,640 --> 00:11:36,000
grape road number 11. this is a use

300
00:11:36,000 --> 00:11:38,480
variance to allow microblading inside an

301
00:11:38,480 --> 00:11:40,839
existing salon and that would be root

302
00:11:40,839 --> 00:11:42,959
salon

303
00:11:42,959 --> 00:11:45,519
thank you this is a public hearing on

304
00:11:45,519 --> 00:11:48,800
proposed resolution 2020-20

305
00:11:48,800 --> 00:11:50,880
anyone wishing to speak in favor if you

306
00:11:50,880 --> 00:11:52,000
would um

307
00:11:52,000 --> 00:11:55,440
please begin by unmuting your microphone

308
00:11:55,440 --> 00:11:56,720
stating your name and address for the

309
00:11:56,720 --> 00:12:05,110
record

310
00:12:05,120 --> 00:12:07,519
is there anyone uh participating

311
00:12:07,519 --> 00:12:09,680
remotely who wishes to speak in favor of

312
00:12:09,680 --> 00:12:13,360
proposed resolution 2020-20

313
00:12:13,360 --> 00:12:21,990
regarding 3602 grape road suite 11.

314
00:12:22,000 --> 00:12:24,000
there is a caller that has unmuted their

315
00:12:24,000 --> 00:12:27,030
microphone

316
00:12:27,040 --> 00:12:28,320
if there is someone wishing to speak on

317
00:12:28,320 --> 00:12:29,839
this proposed resolution if you would

318
00:12:29,839 --> 00:12:31,519
begin by stating your name and address

319
00:12:31,519 --> 00:12:32,959
for the record

320
00:12:32,959 --> 00:12:45,829
we can proceed

321
00:12:45,839 --> 00:12:47,839
one more time i'll inquire if there is

322
00:12:47,839 --> 00:12:49,839
anyone participating remotely who wishes

323
00:12:49,839 --> 00:12:51,680
to speak with regard to

324
00:12:51,680 --> 00:12:55,360
the resolution on 3602 grape road sweet

325
00:12:55,360 --> 00:13:08,389
11 which is the root salon

326
00:13:08,399 --> 00:13:10,240
all right in light of the fact that we

327
00:13:10,240 --> 00:13:12,000
don't have a petitioner at this point

328
00:13:12,000 --> 00:13:13,600
the chair would entertain a motion to

329
00:13:13,600 --> 00:13:17,509
his postpone so

330
00:13:17,519 --> 00:13:20,800
second motion has been made

331
00:13:20,800 --> 00:13:23,200
and seconded to postpone the public

332
00:13:23,200 --> 00:13:26,560
hearing of proposed resolution 2020-20.

333
00:13:26,560 --> 00:13:28,560
mr compton do you have a date certain in

334
00:13:28,560 --> 00:13:29,760
mind that you'd like to postpone it to

335
00:13:29,760 --> 00:13:31,440
our next regular next regular meeting

336
00:13:31,440 --> 00:13:33,040
perfectly well

337
00:13:33,040 --> 00:13:34,639
then under mr compton's motion that's

338
00:13:34,639 --> 00:13:36,240
been seconded this would be postponed

339
00:13:36,240 --> 00:13:37,040
until our next

340
00:13:37,040 --> 00:13:40,000
regular council meeting any further

341
00:13:40,000 --> 00:13:45,110
discussion or questions from the council

342
00:13:45,120 --> 00:13:47,199
if not all in favor signify by saying

343
00:13:47,199 --> 00:13:48,720
aye aye

344
00:13:48,720 --> 00:13:51,519
opposed this matter will be postponed

345
00:13:51,519 --> 00:13:53,120
until our next regularly scheduled

346
00:13:53,120 --> 00:13:54,560
council meeting

347
00:13:54,560 --> 00:14:05,430
ordinances on second reading

348
00:14:05,440 --> 00:14:08,320
proposed during december 2020-28 and

349
00:14:08,320 --> 00:14:10,399
ordinance annexing contiguous territory

350
00:14:10,399 --> 00:14:12,399
to the city of mishawaka indiana

351
00:14:12,399 --> 00:14:14,079
and providing zoning classification

352
00:14:14,079 --> 00:14:16,320
therefore this is to annex

353
00:14:16,320 --> 00:14:18,399
adjacent property to be included in a

354
00:14:18,399 --> 00:14:19,600
subdivision

355
00:14:19,600 --> 00:14:22,720
south and east of 1141 and 1241 east

356
00:14:22,720 --> 00:14:24,639
12th street this is a vote

357
00:14:24,639 --> 00:14:28,790
only

358
00:14:28,800 --> 00:14:32,320
thank you consistent with the

359
00:14:32,320 --> 00:14:33,680
requirements of state law

360
00:14:33,680 --> 00:14:36,800
we have um conducted a public meeting or

361
00:14:36,800 --> 00:14:38,399
i'm sorry a public hearing on this

362
00:14:38,399 --> 00:14:40,880
matter and also received our committee

363
00:14:40,880 --> 00:14:41,760
report

364
00:14:41,760 --> 00:14:43,920
no and we have not then we will ask for

365
00:14:43,920 --> 00:14:45,360
the committee report

366
00:14:45,360 --> 00:14:48,320
mr president mr ellens to the members of

367
00:14:48,320 --> 00:14:49,680
the common council of the city of

368
00:14:49,680 --> 00:14:50,639
mishawaka

369
00:14:50,639 --> 00:14:52,720
your committee on land use planning to

370
00:14:52,720 --> 00:14:53,839
whom was referred

371
00:14:53,839 --> 00:14:56,360
the matter of proposed ordinance number

372
00:14:56,360 --> 00:14:58,880
20-28 report that they have examined

373
00:14:58,880 --> 00:14:59,760
said matter

374
00:14:59,760 --> 00:15:01,440
and that in their opinion it should be

375
00:15:01,440 --> 00:15:03,600
adopted this is signed by the entire

376
00:15:03,600 --> 00:15:04,880
committee and i move forward

377
00:15:04,880 --> 00:15:08,000
acceptance thank you a motion has been

378
00:15:08,000 --> 00:15:08,639
made and

379
00:15:08,639 --> 00:15:10,639
seconded to approve our only committee

380
00:15:10,639 --> 00:15:12,160
report this evening that i evidently

381
00:15:12,160 --> 00:15:13,279
forgot about

382
00:15:13,279 --> 00:15:16,320
all those in favor signify by saying aye

383
00:15:16,320 --> 00:15:19,920
opposed now we will move into

384
00:15:19,920 --> 00:15:21,360
uh questions and comments from the

385
00:15:21,360 --> 00:15:22,959
council with respect to

386
00:15:22,959 --> 00:15:30,310
proposed ordinance 2020-28

387
00:15:30,320 --> 00:15:33,600
mr benicki i just have one for mr prince

388
00:15:33,600 --> 00:15:37,519
that little area is there other islands

389
00:15:37,519 --> 00:15:39,440
properties that are still in the county

390
00:15:39,440 --> 00:15:45,829
that are totally surrounded by the city

391
00:15:45,839 --> 00:15:47,519
mr president bruce council can print

392
00:15:47,519 --> 00:15:50,399
city planner yes we have quite a few

393
00:15:50,399 --> 00:15:53,040
and what happens is as we grow over time

394
00:15:53,040 --> 00:15:54,000
the way annexation

395
00:15:54,000 --> 00:15:56,320
law is now set up essentially people

396
00:15:56,320 --> 00:15:59,120
have to agree you have to voluntarily

397
00:15:59,120 --> 00:16:00,959
annex your property in order for it to

398
00:16:00,959 --> 00:16:02,720
come in we have some very

399
00:16:02,720 --> 00:16:05,360
this is actually a very um not a very

400
00:16:05,360 --> 00:16:05,759
large

401
00:16:05,759 --> 00:16:08,720
it's a large island that is kind of you

402
00:16:08,720 --> 00:16:10,720
take saint jerome at the dead end

403
00:16:10,720 --> 00:16:12,480
uh the area the chrisman property

404
00:16:12,480 --> 00:16:14,000
includes a lot of it but then there's

405
00:16:14,000 --> 00:16:14,880
also

406
00:16:14,880 --> 00:16:18,000
um the auto repair

407
00:16:18,000 --> 00:16:20,160
place on their field there are a number

408
00:16:20,160 --> 00:16:21,279
of properties that are

409
00:16:21,279 --> 00:16:23,920
surrounded by the larger city but this

410
00:16:23,920 --> 00:16:25,600
is one of those islands

411
00:16:25,600 --> 00:16:27,360
there's a small island on university

412
00:16:27,360 --> 00:16:30,079
drive by granger community church

413
00:16:30,079 --> 00:16:32,880
if you look down for a road on the west

414
00:16:32,880 --> 00:16:34,240
side of fur road

415
00:16:34,240 --> 00:16:35,600
there are some large islands that were

416
00:16:35,600 --> 00:16:37,680
created when we annexed for a road and

417
00:16:37,680 --> 00:16:41,040
brought in the area one of them is um

418
00:16:41,040 --> 00:16:43,040
the area where the cheer academy the uh

419
00:16:43,040 --> 00:16:44,320
ped amendment that you have

420
00:16:44,320 --> 00:16:46,880
that is written frustrating tonight the

421
00:16:46,880 --> 00:16:49,199
area behind that is another large island

422
00:16:49,199 --> 00:16:50,800
um there are others too but i'll i'll

423
00:16:50,800 --> 00:16:52,959
stop at that but i mean but basically

424
00:16:52,959 --> 00:16:56,959
they have to almost request we can't

425
00:16:56,959 --> 00:16:59,279
clean things up so to speak for our

426
00:16:59,279 --> 00:17:00,560
policy we have not

427
00:17:00,560 --> 00:17:04,400
um investigated there is or at least

428
00:17:04,400 --> 00:17:05,679
used to be i haven't

429
00:17:05,679 --> 00:17:07,760
verified an annexation law relative to

430
00:17:07,760 --> 00:17:10,000
this in recent years but there used to

431
00:17:10,000 --> 00:17:12,319
be a provision that if you entirely

432
00:17:12,319 --> 00:17:14,720
surround a property that you have the

433
00:17:14,720 --> 00:17:15,919
ability

434
00:17:15,919 --> 00:17:18,480
um to annex it about the consent of the

435
00:17:18,480 --> 00:17:19,600
property owners

436
00:17:19,600 --> 00:17:21,520
however you have to bring it up to

437
00:17:21,520 --> 00:17:23,520
current city standards so when we look

438
00:17:23,520 --> 00:17:25,120
at subdivisions and i use winding

439
00:17:25,120 --> 00:17:26,559
markets for example

440
00:17:26,559 --> 00:17:28,559
it's financially not feasible for us to

441
00:17:28,559 --> 00:17:30,640
annex it because we can

442
00:17:30,640 --> 00:17:33,039
without their agreement on a compromise

443
00:17:33,039 --> 00:17:34,559
on how what services would

444
00:17:34,559 --> 00:17:37,039
be provided and particularly i'm talking

445
00:17:37,039 --> 00:17:38,559
about the roads so the roads no

446
00:17:38,559 --> 00:17:39,679
sidewalks

447
00:17:39,679 --> 00:17:42,080
um ripping up for utilities there's a

448
00:17:42,080 --> 00:17:43,760
whole lot millions of dollars of work

449
00:17:43,760 --> 00:17:45,600
that doesn't make it financially

450
00:17:45,600 --> 00:17:47,280
feasible or desirable

451
00:17:47,280 --> 00:17:49,520
to annex it to bring it into the city

452
00:17:49,520 --> 00:17:50,880
without their

453
00:17:50,880 --> 00:17:53,360
consent so if they were to annex by all

454
00:17:53,360 --> 00:17:54,720
means we would consider it

455
00:17:54,720 --> 00:17:57,679
and take it on its merits but barring

456
00:17:57,679 --> 00:17:59,440
that if we were to

457
00:17:59,440 --> 00:18:02,640
do it by the surrounding provision that

458
00:18:02,640 --> 00:18:07,120
is the cost-prohibitive nature of

459
00:18:07,120 --> 00:18:09,520
annexation

460
00:18:09,520 --> 00:18:12,240
okay thank you thank you any other

461
00:18:12,240 --> 00:18:14,160
questions for mr prince

462
00:18:14,160 --> 00:18:17,360
mr hazen so if they ask me

463
00:18:17,360 --> 00:18:19,679
still have to bring them up to code our

464
00:18:19,679 --> 00:18:20,799
standards

465
00:18:20,799 --> 00:18:22,799
no we then have the opportunity to

466
00:18:22,799 --> 00:18:24,799
negotiate with them on what that

467
00:18:24,799 --> 00:18:26,799
standard would be

468
00:18:26,799 --> 00:18:28,960
again state law is not awarded you know

469
00:18:28,960 --> 00:18:30,480
black and white terms but that press

470
00:18:30,480 --> 00:18:31,760
every circumstance

471
00:18:31,760 --> 00:18:33,440
so by the loose term of bringing it up

472
00:18:33,440 --> 00:18:35,440
to city standards you can imagine if i'm

473
00:18:35,440 --> 00:18:36,720
sitting in the subdivision i don't want

474
00:18:36,720 --> 00:18:37,679
to be annexed

475
00:18:37,679 --> 00:18:39,440
i want the absolute highest grade

476
00:18:39,440 --> 00:18:41,200
standard that i can possibly do and i'll

477
00:18:41,200 --> 00:18:42,320
point to the

478
00:18:42,320 --> 00:18:44,160
half dozen subdivisions that have that

479
00:18:44,160 --> 00:18:45,520
in the city and say that's the

480
00:18:45,520 --> 00:18:49,679
comparable standard that you should bring our solution to

481
00:18:49,679 --> 00:18:50,480
whereas if they're

482
00:18:50,480 --> 00:18:52,160
voluntarily requesting it let's say they

483
00:18:52,160 --> 00:18:54,480
need sewer then we have a basis of

484
00:18:54,480 --> 00:18:55,919
working with them because there's many

485
00:18:55,919 --> 00:18:57,280
areas of the city that don't have the

486
00:18:57,280 --> 00:18:59,440
same streets and sidewalks and

487
00:18:59,440 --> 00:19:03,669
the light that we can work in

488
00:19:03,679 --> 00:19:07,830
thank you other questions for mr krauts

489
00:19:07,840 --> 00:19:11,760
thank you sir thank you

490
00:19:11,760 --> 00:19:12,880
are there any other questions or

491
00:19:12,880 --> 00:19:16,950
comments from the council

492
00:19:16,960 --> 00:19:20,640
if not then i will call for a question madam clerk would you please

493
00:19:20,640 --> 00:19:24,400
pull the council

494
00:19:24,400 --> 00:19:27,600
mrs demaid yes mr bernicki yes

495
00:19:27,600 --> 00:19:31,360
mr hazen yes mr mamelanti yes mr emmons

496
00:19:31,360 --> 00:19:34,559
yes mr beloved yes mr captain

497
00:19:34,559 --> 00:19:38,720
yes mrs volcker yes mr hickson yes

498
00:19:38,720 --> 00:19:43,110
ordinance passes 9-2-0

499
00:19:43,120 --> 00:19:44,400
privilege of the floor at this time

500
00:19:44,400 --> 00:19:46,160
members of the public are invited to

501
00:19:46,160 --> 00:19:48,320
speak with respect to non-agenda items

502
00:19:48,320 --> 00:19:58,390
only under privilege of the floor

503
00:19:58,400 --> 00:20:00,160
hearing no one we will move into

504
00:20:00,160 --> 00:20:02,159
unfinished business of which there is

505
00:20:02,159 --> 00:20:02,640
none

506
00:20:02,640 --> 00:20:04,720
and then new business is there any new

507
00:20:04,720 --> 00:20:06,480
business to come before the council this

508
00:20:06,480 --> 00:20:06,960
evening

509
00:20:06,960 --> 00:20:09,120
mr mamelanti thank you mr president i

510
00:20:09,120 --> 00:20:11,440
just wanted to publicly uh wish our

511
00:20:11,440 --> 00:20:15,039
madam clerk a very happy birthday today

512
00:20:15,039 --> 00:20:17,679
thank you that's all i couldn't spend it

513
00:20:17,679 --> 00:20:18,240
with

514
00:20:18,240 --> 00:20:22,390
finer folks

515
00:20:22,400 --> 00:20:24,559
happy birthday thank you and thankfully

516
00:20:24,559 --> 00:20:26,320
it's a quick meeting

517
00:20:26,320 --> 00:20:29,120
so you can go enjoy yourself any other

518
00:20:29,120 --> 00:20:29,600
new

519
00:20:29,600 --> 00:20:30,880
business to come to from the council

520
00:20:30,880 --> 00:20:32,960
this evening

521
00:20:32,960 --> 00:20:34,799
if not then a motion to adjourn is in

522
00:20:34,799 --> 00:20:45,039
order we are adjourned