April 21, 2008
Be it remembered that the Common Council of the City of Mishawaka, Indiana met in the Council Chambers of the Mishawaka City Hall on Monday April 21, 2008 at 7:00 p.m. The meeting was called to order by Acting President Woody Emmons, and all were asked to stand for the Pledge of Allegiance.
Clerk Block’s roll call showed the following;
Dale “Woody” Emmons 1st District Councilman – Present
Dave Wood 2nd District Councilman – Present
Ross Deal 3rd District Councilman - Present
Marsha McClure 4th District Councilman - Present
Michael Compton 5th District Councilman - Present
Ronald Banicki 6th District Councilman – Present
John Gleissner, Councilman At Large – Present
Gregg Hixenbaugh, Councilman At Large – Present
John J. Roggeman, Councilman at Large – (Council President) Absent
A quorum was obtained.
Others present; Deborah S. Block, City Clerk, Mary Ellen Hazen Chief Deputy I, Linda Dotson, Chief Deputy II, and Council Attorney Mike Trippel
The April 7, 2008 minutes were approved as received from the Clerk’s Office.
Clerk Block read a letter from the Plan Commission regarding recommendations from their April 8, 2008.
PETITION NO. 08-07 A petition submitted by Robin A. and
Debbie J. Williams to rezone
3701 Lincolnway East, from C-1 General
Commercial District to R-1 Single
Family Residential District.
PETITION NO. 08-10 A petition submitted by S & D Realty, LLC
Requesting the vacation of 629.30’ of East
Borley Avenue west of Bykrit Avenue
A public hearing on V2008-1 as required by State Statute on behalf of Prime Development Corporation, Robert Stephens and School City of Mishawaka Randy Squadroni vacation of Public Right of Way 629.30 ft. East Borley Street west side of Byrkit – Fields at Highland.
Dennis Murphy, Highland Development 510 West Jefferson asked for the Council’s favorable vote on the vacation of 629.30’ of East Borley Avenue west of Byrkit Avenue. He said there are no underground utilities for that segment so they are vacating Borley Street making it one larger parcel; and the only utility located there was an overhead electric which would be accommodated into the new development. Mr. Murphy said Borley Street would be removed but would actually be rerouted through the residential neighborhood that would be called Fields at Highland.
Mr. Banicki asked if they have discussed any of this with the neighbors that abut this development whose property goes all the way up to Lynn Street, regarding the vacation of that portion as well. Mr. Murphy stated there was one property owner, whose house was actually on Lynn Street but abuts the new development, and there was another piece of property, that abuts this development on the south side, and it is vacant land. He said they would be continuing Borley Street from Lynn Street to Byrkit Street through the development. Mr. Banicki asked if the neighbors wanted to vacate that would he be against it. Mr. Murphy Said he would because public works already has plans to improve that section with underground utilities on their side, up to the new development, Lynn Street has already been improved
Mr. Banicki asked Mr. Murphy if the commercial district they were planning was going to be south of Borley. Mr. Murphy said yes. Mr. Banicki said so by vacating Borley Street on the developer’s side they would be putting residents right up to the back of their commercial site. Mr. Murphy said yes, there would be storm water drainage area as a buffer as well as landscaping.
Mr. Deal asked if the streets in the development would be dedicated as city streets or would they be privately maintained. Mr. Murphy said they would be city streets, to city standards, with curb, and gutters as well as sidewalks connecting all through there.
Mr. Wood said the streets would be an extension of the existing streets that are there. Mr. Murphy said that was correct.
Mr. Emmons closed the public hearing on V2008-1.
The following proposed ordinances were given first reading, assigned to committee, and set for public hearing at the next regular meeting.
PROPOSED ORDINANCE NO. 2008-10
AN ORDINANCE AMENDING TITLE 15, CHAPTER 159, OF THE MUNICIPAL
CODE OF THE CITY OF MISHAWAKA, INDIANA, AS FROM TIME TO TIME AMENDED, COMMONLY KNOWN AS “THE ZONING ORDINANCE OF 1966”
OF THE CITY OF MISHAWAKA, INDIANA
(Rezone from C-1 Commercial to R-1 Residential – 3701 LWE)
Petitioner requested second reading
Mr. Banicki made a motion to suspend Council Rules and hear this petition on first reading, with a second by Mr. Gleissner the motion carried.
Robin Williams 58288 Ash Road, Osceola stated he was the owner of the house at 3701 Lincolnway East, they are preparing to sell this home and need to have it rezone for the buyers to obtain a loan.
Mr. Wood asked if the home would be owner occupied or a rental property. Mr. Williams stated it would be owner occupied.
Question was called for at 7:10 p.m. on PROPOSED ORDINANCE NO. 2008-10 with the vote being 8 to 0 in favor, thus it becomes ORDINANCE NO. 5152.
PROPOSED ORDINANCE NO. 2008-11
AN ORDINANCE AMENDING TITLE 15, CHAPTER 159, OF THE MUNICIPAL
CODE OF THE CITY OF MISHAWAKA, INDIANA, AS FROM TIME TO TIME AMENDED, COMMONLY KNOWN AS “THE ZONING ORDINANCE OF 1966”
OF THE CITY OF MISHAWAKA, INDIANA
(Vacation of Public Right of Way 629.30 ft E. Borley Street west side of Byrkit –
Fields at Highland)
(Assigned to Land Use Planning Committee)
RESOLUTION
Clerk Block read RESOLUTION NO. R2008-12opening it for public hearing.
RESOLUTION NO. R20085-12
A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2007
AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING
OF THE DEDUCTION APPLICATION FOR THE NEW REAL AND PERSONAL PROPERTY LOCATED IN AN ECONOMIC REVITALIZATION
AREA FILED UNDER RESOLUTION 2006-17 FOR PATRICK INDUSTRIES, INC.
METALS DIVISION LOCATED AT 5020 LINCOLWAY EAST
(Patrick Industries, Metals Division Tax abatement – late filing of application)
Jim Woodsmall, Attorney, 121 West Franklin Street, Elkhart explained he was representing Patrick Industries in their request to accept the late filing of their compliance report. He stated in 2006 they were granted tax abatement and in 2007 when the report was due the company office was moved to the Elkhart Division and the new Controller failed to file form 103 ERA (compliance report) that was due by May 15, 2007 and asked the Council to grant the waiver for the late filing of that form.
Question was called for at 7:15 p.m. on RESOLUTION NO. R2008-12 with the vote being 8 to 0 in favor.
Clerk Block read RESOLUTION NO. R2008-13, opening it for public hearing.
RESOLUTION 2008-13
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MISHAWAKA, INDIANA, INTRODUCING AN ORDINANCE FOR ANNEXATION,
ADOPTING A WRITTEN FISCAL PLAN, AND A DEFINITE POLICY FOR ANNEXATION FOR THE PROPERTIES LOCATED AT:
52000 block of Gumwood Road
(Fiscal Plan for Annexation of the Toll Road and Southeast corner of Fir Road)
Ken Prince, City Planner spoke on behalf of the proposed resolution, adopting a Fiscal Plan for the annexation, for a130 unit assisted living facility on the south east corner of Fir Road and the Toll Road. He said 1.75 mile of the Toll Road was included in part of the request, of which the City of Mishawaka would have no responsibility, and maintenance for it would be covered by the lease through the investment group. Mr. Prince said the State of Indiana has no objections to the annexation of the Toll Road. He said the property it self was 8 acres and immediately adjacent to Fir Road and the services for these properties would be provided solely by the developers so the extension of water, sewer, road improvements regarding passing turn lanes, and including future right-of-way would be dedicated by the developer as part of the request. Mr. Prince said this was similar to other annexations in the past few years, no capital expenditures were required as a result of this annexation, and the on going maintenance in the future of widening Fir Road when appropriate would be the responsibility of the city, the overall $14 million dollar investment in this 8 acre property, and with the property taxes collected on this development justifying that expense.
Question was called on at 7:18 p.m. on RESOLUTION NO. R2008-13, with the vote being 8 to 0 in favor.
Clerk Block read the following PROPOSED ORDINANCE NO. 2008-09 opening if for public hearing.
PROPOSED ORDINANCE NO. 2008-09
AN ORDINANCE ANNEXING CONTIGUOUOS TERRITORY TO
THE CITY OF MISHAWAKA, INDIANA AND
PROVIDING ZONING CLASSIFICATION THEREFORE
Annex and Zone S-2 PUD – Assisted Living Facility SE corner of Fir Road and the Indiana Toll Road up to the western side of Capital
Clerk Block stated there would only be a vote on this proposed ordinance as the public hearing was heard at the April 7, 2008 meeting.
Mr. Deal reported the Land Use Planning Committee recommended this proposed ordinance should be adopted and moved for acceptance of same, upon a second by Mr. Wood, the motion carried.
Mr. Gleissner asked Mr. Prince if it was cost effective to print out the fiscal plan for distribution. Mr. Prince said they were legally required to by state law and the cost was miniscule. Mr. Gleissner asked if it could be done on the computer to reduce the use of paper. Mr. Prince said yes it could be done like that, but he was required by law to have paper copies for people to review and again the cost was miniscule. Mr. Gleissner stated he was looking to saving money down the line. Mr. Prince replied that when questions arise it is beneficial to have the copy to refer to, it was possible to not distribute it to the Council if they decide not have it.
Mr. Hixenbaugh said he wanted the record to reflect that the Council received a letter from the Granger Community Action Homeowners Group signed by Dennis J. Miller, Chairman offering their group to continue to engage in dialogue with Mishawaka in regards to issues relating to annexation as they touch Granger. He said certainly that would help the Council go forward allowing them to have an entity such as this to engage in discussions with that hopefully would be productive. Mr. Hixenbaugh told Mr. Miller that it would be important for him and the residences he represents to stay in touch. He said it is also important they understand just as he and the residents he represents have concerns and wishes obviously the constituents the Council represent in the city of Mishawaka have their own sets of concerns and wishes and needs and it would be important for both groups to recognize that so there can be constructive dialogue going forward.
Question was called for at &:25 p.m. on PROPOSED ORDINANCE NO. 2008-09 with the vote being 8 to 0, thus it becomes ORDINANCE NO. 5153.
UNFINISHED BUSINESS
Clerk Block read RESOLUTION R2008-11 opening it for public hearing.
RESOLUTION R2008-11
RESOLUTION OF THE COMMON COUNCIL, OF THE CITY OF MISHAWAKA,
INDIANA, APPROVING A REPORT OF COMPLIANCE WITH
STATEMENT OF BENEFITS FOR CERTAIN PROPERTY OWNERS.
(Annex and Zone S-2 PUD- Assisted Living Facility SE corner of Fire Rd and the Indiana Toll Rd up to the western side of Capital)
Amber Atkinson, Economic Development Specialist said she was seeking the Council’s favorable recommendation of this resolution approving the state required annual compliance report for property owners of either real or personal property, which have previously been approved for tax abatement by the Mishawaka Common Council. She said the following are Compliance with Statement of Benefits reports submitted by the following companies are found to be in order:
• WF Associates (a/k/a/ Holladay Mishawaka, LLC)
• Nyloncraft, Ind. (3)
• Plastimatic Arts Corporation
• Ironwood Enterprises, LLC
• Daman Products Company, Inc.
• Patrick Industries, Inc. (Mateals Division ) (2)
• Jamil Packaging Corporation
• Culture Systems, Inc (2)
Ms. Atkinson stated the staff has reviewed the information submitted by all companies, and are pleased to report in despite of the slow down in the economy four of the eight firms with open tax abatements have met or exceeded the number of new jobs proposed. She said in addition the other four firms are in the process of hiring new employees as construction and/or equipment installation has recently been completed. Ms. Atkinson said only one firm has experienced fluctuation with employment numbers, that being Nylon Craft. She said she it was her understanding that unfavorable automotive industry market conditions as well as the recent strike by American Axel are directly affecting Nyloncraft’s employment level.
Ms. Atkinson said the Budget and Finance Committee of the Mishawaka Common Council met with Dr. David Kim, President of Culture Systems regarding this tax abatement compliance who was able to provide further information on the status of his project and the hiring of additional employees. She said BremnerDuke Health Care Real-estate; the developer of the medical office building attached to the New St. Joseph Regional Medical Center Hospital has just received their approval of tax abatement in February of 2008, therefore no hiring of employees or building improvements have been made to date and no CF-1 Form has been included in the Council packet.
Ms. Atkinson went on to say regarding tax forms for the year 2007 payable in 2008 all firms have purchased and added or are in the process of installing manufacturing equipment and/or constructing the real-estate improvements as described on the SB-1 tax abatement applications. She said all firms have either hired or provided satisfactory detailed explanations as to why they were unable to meet those estimates.
Mr. Wood complimented Ms. Atkinson on her reports they were very well done and the information was very useful.
Question was called for at 7:29 p.m. on RESOLUTION NO. R2008-11 with the vote being 8 to 0 in favor.
There being no further business to come before the Council, Vice President Emmons adjourned the meeting at 7:37 p.m.
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