[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