July 7, 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 July 7, 2008 at 7:00 p.m. The meeting was called to order by Vice President 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 – (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 – 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 Absent, Linda Dotson, Chief Deputy II, and Council Attorney Mike Trippel
The June 16, 2008 minutes were approved as received from the Clerk’s Office.
Clerk Block presented the following appeals and petitions to the Council, who referred them to the Plan Commission for their recommendation
APPEAL NO. 2008-23 Use Variance to allow Commercial Uses and
Apartment/Residential use on an industrial lot –
400 S West Street
APPEAL NO. 2008-25 Use Variance to allow a catering & Carry-out BBQ
Business with outdoor seating – 1120 Willow Street
PETITION NO. 2008-18 Rezone from 1-2 Heavy Industrial to R-1 Single Family
Residential – 1002 E. 6th Street
PETITION NO. 2008-19 Rezone from C-5 Neighborhood Commercial
To R-1 Single Family Residential – 427 S. Byrkit Street
PETITION NO. 2008-20 Rezone from C-1 General Commercial to R-1 Single
Family Residential – 427 S. Byrkit Street
On behalf of the Historic Preservation Committee Mr. Gleissner, a member of that Committee had bronze plaques to present to Dr. & Mrs. William Gering 624 West Mishawaka Avenue and Mr. & Mrs. Rocco Germano 706 West Mishawaka Avenue, in commemoration of their historic homes. He said the Gering’s and the Germano’s were not able to attend the presentation.
Clerk Block read PROPOSED ORDINANCE NO. 2008-20 opening it for public hearing.
PROPOSED ORDINANCE NO. 2008-20
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 – 522 N. Cedar Street)
Mr. Wood reported the Land Use Planning Committee recommended this proposed ordinance should be adopted and moved for acceptance of same, upon a second by Mr. Banicki, the motion carried.
Ken Prince, City Planner stated the owner’s of this property filed for rezoning to R-1 status three months ago, they were not present to speak on behalf of their petition so he would ask the Council to down zone this property per their request.
Mr. Wood asked if the owners of the property were aware of the hearing. Mr. Prince said they have signed the application and the realtor has been notified.
Question was called for at 7:10 p.m. on PROPOSED ORDINANCE NO. 2008-20, with the vote being 8 to 0, thus it becomes ORDINANCE NO. 5163.
Clerk Block read PROPOSED ORDINANCE NO. 2008-21 opening it for public hearing.
PROPOSED ORDINANCE NO. 2008-21
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
(Amend the PUD for Martin’s Supermarket Fuel Center – 300 Block of
N Bittersweet Rd – Bittersweet Plaza.)
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. Banicki, the motion carried.
Ed Hardig, Attorney at Law, 131 South Taylor Street, South Bend said he represented Central Bradley Central Bradley LLC who was the owner of the real-estate along with Martin Supermarket, which currently carries the zoning classification of S-2 Plan Unit Development (PUD), and was currently a multiple unit shopping center with out a fueling facility. Mr. Hardig introduce Ron Barttles, President of Martins, Dan Bailey, Executive Vice President, Ted Alwine, Director of Operations Engineering, Phil Thornton the onsite Project Manager. He also introduced Nicholas LaCroix of Whightman Petrie who has prepared the site plan the Council has as part of the original petition.
Mr. Hardig stated the petitioners Martins and Central Bradley were requesting an amendment to the existing PUD, to allow an 8 bay 4 tank public fueling facility with a small convenience Kiosk along the west front of the Martins center. He said the Mishawaka City Ordinance requires the shopping center provide 452 parking spaces, with approval of the installation of the proposed fueling facility they would be providing a total of 467 parking spaces, which would be an excess of what was required.
Mr. Hardig went on to explain that a survey of the Martin Centers has proven that a fueling center does not add traffic; approximately 80% of those using the fueling center were Martin Customers. He said in regards to signage there were no final plans but they would follow the city’s ordinance. Mr. Hardig said storm drainage in the area surrounding the pumps would be kept separate from the rest of the storm drainage system; they would not have off premise signs or bill boards, and comply with the landscaping drive as well as putting in trees along Bittersweet. He said he would respectfully request the Council’s approval of this amendment.
Mr. Deal asked what type of items would be sold inside the kiosk. Ed Bailey Martins 760 West Cotter Street South Bend said they don’t want to be a convenience store their aim is to talk care of the customer that was fueling their vehicle so generally they would have fountain drinks, candy, snacks, and small items. Mr. Deal asked if they would be selling alcohol or tobacco. Mr. Bailey said they would probably have cigarettes and would be using the same screening process they use inside the supper market, and there would be no alcohol. Mr. Deal asked what the hours of the kiosk would be. Mr. Bailey said the Kiosk would be manned from 6:00 a.m. to 10:00 p.m. then it would be card service. Mr. Deal asked if there would be a difference in the lighting from when the kiosk was open and when it was closed. Mr. Bailey said the lights would come from the canopy. Mr. Deal asked if those lights would remain on all the time. Mr. Bailey said yes.
Mr. Emmons asked if there would be items outside of the kiosk to be sold. Mr. Bailey said there may be automotive products. Rob Bartles, Martins 760 West Cotter Street, South Bend said they were looking to the opportuni9ty to be flexible with a small amount of merchandising outside. He said the idea is not to create a visible barrier but be able to respond to customer requests.
Mr. Emmons stated he was opposed to selling items outside because of evening vandalism, they can sell the wood and salt up at the store. He said this was a nice area and they do not want to see the rubble of stuff scattered all over the parking lot, he would not be voting in favor if there would be a lot of things setting outside. Mr. Emmons said this is a gas station and not a general commodity store. Mr. Bartles said he agrees with him completely, making a mess of the parking lot would cost Martins money cleaning it up and would cause a public distraction and that was not part of their program. Mr. Emmons asked if they could limit the amounts of items they have out there. Mr. Bartles said he was trying to keep some flexibility it was hard to know what they would put out there at this time but reassure the Council that being a good citizen was their main objective.
Mr. Prince, City Planner read the first condition in the ordinance that was recommended by the Plan Commission, which applied to the Kiosk and was very clear about what should be identified on the final site plan.
Mr. Emmons stated he was opposed to selling things outside at the kiosk because of evening vandalism and spreading of rubble over the parking lot. He said the store was located close enough that the salt, and wood etc. could be sold at the store. Mr. Emmons said he would not be voting in favor if there were items setting outside, it was a gas station and not a commodity store.
Mr. Bartlles said he agreed with Mr. Emmons completely making a mess of the parking lot costs them money not only in merchandise that was spread all over the parking lot but also in the cost of cleaning it up. He said creating filth and public distractions were not part of their program.
Mr. Emmons asked if they could limit the amount of merchandise for sale and not have a half dozen items outside. Mr. Bartles stated they have high standards and what he was trying to do was maintain some flexibility and still reassure him that they both want the same thing. Mr. Prince said in condition number 1 it was stated that the display area should be limited to a maximum of 60 square feet and 12 feet in length, so it would be a 5 X 12 area. Mr. Hardig said Martins was willing to comply with that condition.
Mr. Gleissner said his main concern was that the walls of mulch, and firewood can become like a fortress. Mr. Bartlles states that is precisely what they are trying to avoid, he agreed that, stock makes pulling out of the kiosk difficult to see. Mr. Gleissner said then there would not be a huge wall of stuff in front of the kiosk. Mr. Barttles said no.
Mr. Banicki asked with installing the four tanks what products did they intend to sell. Mr. Bailey said regular, unleaded, premium, FD85 and Diesel. Mr. Banicki said it was stated previously this kiosk was for the convenience of the customers, how many of them would be purchasing diesel gas. Mr. Bailey said there are a lot of small cars that use diesel, and at their Heritage Square Store they sell a lot of diesel and FD85. Mr. Banicki asked if diesel gas was used more in diesel type trucks, he is in the automotive business and there are not that many diesel automobiles anymore. Mr. Bartles said they don’t have any big trucks coming in for gas, some pick-up trucks and cars was all he has seen. He said diesel was requested by two of the other Martin stores. Mr. Banicki asked if kerosene would be sold there. Mr. Bailey said no.
Question was called for at 7:35 p.m. on PROPOSED ORDINANCE NO. 2008-21 with the vote being 8 to 0, thus it becomes ORDINANCE NO. 5164.
Clerk Block read PROPOSED ORDINANCE NO. 2008-22 opening it for public hearing.
PROPOSED ORDINANCE NO. 2008-22
AN ORDINANCE ANNEXING CONTIGUOUS TERRITORY TO THE CITY of MISHAWAKA, INDIANA, AND PROVIDING ZONING CLASSIFICATION THEREFORE.
(Annex and Zone approximately 18.51 acres S-2 PUD for multiple uses – north side of east Douglas Rd west of Fir Road) No Vote Would Be Taken
Mr. Emmons, as acting president opened the public hearing for this proposed ordinance.
Derek Spier, Consultant with Abonmarche Consulting Firm, 750 Lincolnway East, South Bend said he was representing Turtle Creek Management who are seeking approval for annexation, rezoning, preliminary planning and development for an 18.5 acre site located on the north/west side of Douglas Road immediately north of the new WSBT facility. He said the proposed use for lot one was for an assistant and independent living facility, a nursing facility, and accessory uses. Mr. Spier stated the two story assisted/independent living building would contain 177 units and a one story nursing facility building. He went on to explain the proposed uses for out lots 1 and 2, which are the two smaller lots, located along Douglas Road would be garden homes, C-1 Commercial Uses or Drive Thru Restaurant. Mr. Spier said currently these out lots were to contain 8 multi-family garden homes containing 36 units, with 307 parking spaces, based on the developers experience it was still in excess of what was needed for these uses. He said the maximum number of employees on site at any one time would be 35. Mr. Spier said this site would be connected to all municipal utilities at the developer’s expense.
Bill Adams Director of Health Care for American Senior Communities, 6900 South Gray Road, Indianapolis, said he was representing Mark Jackson and Les Jackson owners of American Senior Communities who built their first health care facility in Indiana in the early 1960’s and still own and operate that facility. Mr. Adams said the Jackson’s currently own, operate and manage 41 independent assisted living, transitional care and continual care retirement communities all in the state of Indiana. He said they employee over 45 hundred Hoosiers, and are the states largest senior health care provider.
Mr. Gleissner said what concerns him the most was the garden homes wouldn’t sell, making him feel the Council would be voting on speculation, which, may lead to another strip mall. Mr. Adams said a lot of people like the garden home setting; it is a complete independent housing facility they live in as their own home, with the flexibility of moving into the other facets of care on that site. He said the market would dictate how those garden homes would be developed and when, that was why they indicated the possibility of the two out lots with a C-2 zoning so incase the market does not create the demand they resort to a use facility that would service the site. Mr. Gleissner said he was afraid this was a rouse to come in with commercial facilities, he would rather they stick to the plan of garden homes and not switch.
Les Jackson 6900 South Gray Road, Indianapolis said their experience with garden homes was some were in the range of 5 to 20 percent of the total units in their campuses is their suite spot and the garden homes serve couples who have had a fear experience and they want to move to someplace where they know they have the option for transitional care. He said a lot of times they have a single member move into the garden home who has a spouse or loved one who lives in one of the other care levels. Mr. Jackson said they do not intend to deceive the Council and realizes Mr. Gleissner was hitting on an appropriate fear in terms of the potential they would not develop all of the garden homes, and that is a market driven issue.
Mr. Gleissner asked if there would be a community gathering center open to the public. Mr. Jackson said yes residential oriented and outside people can join in.
Mr. Emmons asked if there would be any recreational facilities. Mr. Jackson said there would be a fitness center inside, weight lifting for mobility and rehab, no recreational type things.
Mr. Emmons asked about the meals. Mr. Jackson said it depending on what services a resident would require, the nursing facility would have three meals a day, the assisted living was provided 2 meals a day and the independent living could purchase a meal or choose to purchase the three meals per day. He said there are meals and a sandwich options.
Mr. Emmons asked Mr. Prince about the parking spaces going from the required 394 to the 307. Mr. Prince that was typical for these types of residents.
Question was called for at 7:35 p.m. on PROPOSED ORDINANCE NO. 2008-21, with the vote being 8 to 0 thus it becomes
Clerk Block read PROPOSED ORDINANCE NO. 2008-23 opening it for public hearing.
PROPOSED ORDINANCE NO. 2008-23
AN ORDINANCE DECLARING AN EMERGENCY AND
DETERMINING THE EXPENDITURE OF ADDITIONAL
FUNDS FOR THE YEAR ENDING DECEMBER 31, 2008
(Additional Funds – Cumulative Sewer Fund $275, 000.00)
Mr. Banicki reported the Budget and Finance Committee recommended this proposed ordinance should be adopted and moved for acceptance of same, upon a second by Mr. Gleissner, the motion carried.
Gary West, Director of Engineering said this additional appropriation would allow them to continue planning the design work that they have underway for the Capital Avenue Underpass and the road way improvements. He said the three specific elements they were dealing with were: 1) Relocation of the sanitary sewer at 12th and Capital, as part of that they are over-sizing and designing a trump sewer that would accommodate future growth south of the US 20 by-pass. 2) Relocation of the trunk combine sewer along the north side of the railroad, because when the underpass was built it would impact that sewer so a pumping station would have to be built to convey that flow around the underpass. They would be doing some smoke testing which would allow them information to properly size and make the right decisions on how they convey that flow. 3) Gathering all of this information would allow them to negotiate final numbers with INDOT because some of these costs would be theirs since they were relocating the public right of way.
Mr. Gleissner asked if the money coming from the state would be Major Move Money. He said he thought so, he met with them in late April for an initial meeting about relocation and re-imbursement, after that meeting INDOT contacted him a month later and informed him that the actual underpass project has been delayed a year or more. Mr. West said his department has decided to go ahead with the project and get the city sewers out of the way for next year.
Question was called for at 8:00 p.m. on PROPOSED ORDINANCE NO. 2008-23 with the vote being 8 to 0 thus it becomes ORDINANCE NO. 5165.
PRIVILEGE OF THE FLOOR
Jim Cierzniak, 1518 Pine Top Trace Mishawaka said he had some information he wanted to share with the Council about the South Bend College Football of fame because of the Hotel Motel Fund. He passed out an informational sheet. Mr. Emmons thanked him for the information.
NEW BUSINESS
Mr. Wood said his constituents on East 15th Street were more then pleased with the work done in the neighborhood and wanted to thank Ms. Wheeler and the construction company for a job well done.
Mr. Emmons said he was having a neighborhood watch meeting July 17, 2008 at St. Bavo School at 7:00 p.m.
There being no further business to come before the Council, Vice President Emmons adjourned the meeting at 7:34 p.m.
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