May 18, 2009
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 May 18, 2009 at 7:00 p.m. T he meeting was called to order by Vice 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 1 st District Councilman – (Council Vice President) 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 – (Council President) Absent
John Gleissner , Councilman At Large – Present
Gregg Hixenbaugh, Councilman At Large – Present
John J. Roggeman, Councilman at Large – Present
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.
Clerk Block read a letter from the Board of Zoning Appeals regarding recommendations from their May 12, 2009 meeting.
APPEAL NO. 2009-19
An appeal submitted by Cressy Land Planning
Associates, LLP, requesting a Use Variance for
Michiana Hematology Oncology, Cancer Center
to be located on the south side of Douglas Road,
east of the Medical Center and West of WSBT, to
allow a mobile MRI unit trailer to be parked on-site
for short periods .RECOMMENDED APPROVAL
Clerk Block read a letter from the Plan Commission regarding recommendations from their May 12, 2009 meeting.
PETITION NO. 2009-04
A petition submitted by Robert E. Beebe, Sue Ann
Beeb and Mohamed Sayeed requesting to annex and
zone 59303 and 59323 Bremen Highway, to R-1
Single Family Residential District.
RECOMMENDED APPROVAL
PETITION NO. 2009-11
A Petition submitted by Todd A. Andrews requesting
to rezone 1102 Liberty Drive from I-1 Light Industrial
District to R-1 Single Family Residential District.
RECOMMENDED APPROVAL
The following proposed ordinance was given first reading, assigned to committee, and set for public hearing at the next regular meeting
PROPOSED ORDINANCE NO. 2009-10
AN ORDINANCE ANNEXING CONTIGUOUS TERRITORY TO THE CITY OF MISHAWAKA. INDIANA, AND PROVIDING ZONING CLASSIFICATION THEREFORE
Annex and Zone R-1 Single Family 59303 and 59323 Bremen Highway
(Assigned to Land Use Planning Committee)
PROPOSED ORDINANCE NO. 2009-10
AN ORDINANCE AMENDING CHAPTER 137, 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 I-1 light Industrial to R-1 Single Family Residential – 1102 Liberty Dr.
(Assigned to Land Use Planning Committee)
RESOLUTIONS
Clerk Block read RESOLUTION NO. R2009-13 opening it for public hearing.
RESOLUTION NO. R2009-13
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MISHAWAKA, INDIANA, MAKING FINAL DETERMINATION AND CONFIRMING A CERTAIN AREA IN THE CITY OF MISHAWAKA, INDAIANA AS AN ECO9NOMIC REVITALIZATION AREA
1420 East Douglas Road
CONFIRMING RESOLUTION
Clerk Block read a letter from the petitioner requesting a postponement until the June 1 st Council meeting. Mr. Roggeman made a motion to honor the petitioner’s request, with a second by Mr. Hixenbaugh the motion carried.
Clerk Block read RESOLUTION NO. R2009-14 opening it for public hearing.
RESOLUTION NO. R2009-14
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MISHAWAKA, INDIANA , APPROVING A PETITION OF THE MISHAWAKA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT:
South side of Douglas Road East of St. Joseph Regional Medical Center, Mishawaka , Indiana
(Use and Developmental Variance Michiana Hematology Oncolongy Cancer Center)
Brad Moss, Abonmarche Consultants, L.L.C. 750 Lincoln Way East, South Bend said he was representing the current land owner Cressy Land Planning & Associates who were requesting a use variance for a temporary mobile trailer unit to be parked on site for approximately one to two days per month to accommodate the demand as it rises. He said to clarify the use it is a diagnostic trailer, one month it would house MRI equipment and one month equipment for mammograms. Mr. Moss said there was a dedicated parking space on the east side of the building which would be heavily screened with earth mounds and trees.
Mr. Hixenbaugh directed a question to Council Attorney Mike Trippel asking him based on the presentation made by the petitioner’s representative this trailer goes beyond an MRI unit would he recommend amending the proposed resolution. Mr. Trippel asked if he wanted it restricted to the proposed uses. Mr. Hixenbaugh said the resolution, states just above section 2 it makes reference to “The Use Variance will allow an accessory temporary mobile MRI unit trailer on the property” Mr. Trippel stated yes he would recommend it be amended to read the other use.
Mr. Hixenbaugh stated upon Mr. Trippel’s recommendation he would make a motion to amend RESOLUTION NO. R2009-14 by striking the reference to an MRI Unit Trailer out and substitute that phrase to read a “mobile diagnostic unit trailer” with a second by Mr. Roggeman the motion carried.
Mr. Roggeman asked Mr. Moss if that met his needs. Mr. Moss stated it did.
Question was called for at 7:12 p.m. on RESOLUTION NO. 2009-14AA with the vote being 8 to 0 in favor.
Clerk Block read RESOLUTION R09-15 opening it for public hearing.
RESOLUTION NO. 2009-15
A RESOLUTION OF THE COMMON COUNCIL,
OF THE CITY OF MISHAWAKA, INDIANA APPROVING AN AGREEMENT RE-ESTABLISHING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF
Approving an Agreement Re-establishing the St. Joseph County Housing Consortium.
Lory Timmer, Community Development Director stated this resolution would approve the re-establishment of the St. Joseph County Housing Consortium. She said the St. Joseph County Housing Consortium was a cooperative effort between Mishawaka, South Bend, and St. Joseph County. Ms. Timmer said the Consortium works with federal housing programs administered by the United States Department of Housing and Urban Development (HUD). She went on to say the city annually receives over $200,000 per year in HOME funds through the Consortium to be used for housing assistance activities in the community. Ms. Timmer said if the city does not become a member of the Consortium they would have to request for funds yearly from the state. She believes the city’s participation in the Consortium has a positive benefit to the community and asked the Council for their favorable approval.
Question was called for at 7:15 p.m. on RESOLUTION NO. 2009-15 with the vote being 8 to 0 in favor.
Mr. Emmons wanted to remind everyone the 1 st District Neighborhood Watch Meeting would be held on Thursday May 21 st at 7:00 p.m. at St. Bavo School with guest speaker Senator John Broden.
Mr. Deal said he would be holding a 3 rd District Neighborhood Watch Meeting Wednesday May 20, 2009 at Twin Branch School at 7:00 p.m. with Terry Hershberger speaking on Heart Health.
There being no further business to come before the Council, Vice President Dale “Woody” Emmons adjourned the meeting at 7:18 p.m.
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