04-27-06 Council Meeting Minutes

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REGULAR MEETING APRIL 27, 2006 SAID WEST RIGHT-OF-WAY LINE 129.80 FEET MORE OR LESS; THENCE EAST 260.00 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 41 IN SAID PLAT; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 129.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", as amended, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides, among other things, that the public sanitary sewer network is available with capacity sufficient to service this area; that street lighting, parking and additional streets as needed will be installed at the developer’s expense; and that a street drainage plan will also be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. As a condition of annexation the Developer shall incorporate building design elements for the four (4) units directly adjacent to Willis Avenue that might add interest to the western facade of said units to insure that private development will enhance and reinforce the City’s commitment to development and design of the highest possible quality. Section V. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kirsits, Vice-Chairperson, Zoning and Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Marco Mariani, Assistant Director, Division of Community Development, 1200 County-City Building, 227 W. Jefferson Blvd. South Bend, Indiana, made the presentation for this bill. Mr. Mariani advised that this bill proposes to voluntarily annex contiguous territory in Clay Township to the City of South Bend. The resolution indicates the approval and adoption by the Common Council of the written plan and policy attached thereto 3