09/15/10 Board of Public Safety Meeting

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REGULAR MEETING ATTEST: �•_ Linda M. Martin, erk SEPTEMBER 15 2010 76 REGULAR MEETING SEPTEMBER 15, 210 The Board of Public Safety met in the regular meeting at 9:40 a.m. on Wednesday, September 15, 2010, with Board President Juanita Dempsey, and Board Members Bruce J. BonDurant, Patrick D. Cottrell, Laura Vasquez, and Eddie Miller present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETING President Dempsey stated that unless there were any objections, the Minutes of the August 25, 2010 meeting and the Special Meeting of September 2, 2010 would be accepted as presented with the one noted change. ADOPT RESOLUTION NO. 58 -2010 — A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA Mr, Jeff Vitton, Community and Economic Development, informed the Board that this annexation was requested by the property owner Leroy Yoder, owner of Garden Homes that will be annexed. The request was made to allow for a change in the zoning to open a Massage Therapy business. It was formally a family structure used as an office. He noted the Board of Works approved the Annexation on Monday and the Common Council would be addressing the zoning at their next meeting. Mr. Vitton stated this small additional area would not require an increase in Police patrol. He noted the Resolution states Fire Station No. 12 will be servicing the area, but it should be No. 12. Mr. Vitton stated that would be corrected. Due to the nature of the business, which is legitimate, he added, the hours of the Massage Therapy business will be limited to 6:00 a.m. to 10:00 p.m. Mr. Vitton told the Board the cost to the City for this annexation would be approximately $6,000 over five years, and the resulting revenue to the City would be about $18,000. Mr. Vitton informed the Board that the legal description is incorrect and a survey is currently being re -done to correct it before it goes to the Common Council. Mr. Bodnar asked if the entire intersection is included. Mr. Vitton stated they would be annexing the entire right -of -way at the intersection, but State Road 23 is owned by the State so it is a redundant issue. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION NO. 58-2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Page 13 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.15 acres of land containing one structure with a detached garage, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 34.2% contiguous, generally located at the Southeast corner of State Road 23 and Maple Lane Ave. It is anticipated that the annexation area will be a message therapy business allowable under "OB" Office Buffer zoning.