11-11-02 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 11, 2002 THENCE S. 000 - 00' -00" W., 292.27 FEET MORE OR LESS TO THE EAST & WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 890 — 57' -01" W. ALONG SAID QUARTER LINE, 510.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. 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, 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 a sanitary sewer system, a water distribution system, a drainage system, street lighting, and possible street and road construction, within four (4) years of the effective date of the full, complete 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 set forth in Exhibit "A ", 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 virtually all capital improvements required to service the annexation area will be planned, provided, and paid for by the owner /developer subject to compliance with state and local law. Section IV. 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/Roland Kelly Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Division of Community Development, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this Resolution relates to a voluntary annexation which is the first of a two phased annexation process due to the fact that the entirety of the Hilal property was not able to meet the contiguity requirements of state law. Therefore, for annexation purposes, the property was split in half. This annexation represents the vacant western half of the property which is the back part of the property with no access to streets, lanes or structures. This annexation involves 3.42 acres which is zoned "Residential" in the County but under the annexation ordinance will be coming into the City as "A" Residential. The Fiscal Plan represents the City's ability to provide services to this parcel. Mr. Magliozzi advised that all City services can be provided. Police Beat #22 will be expanded to provide service and Fire Station #11 will provide fire service to the site. This annexation is due to be effective on January 5, 2003 and at that time the developer intends to file a voluntary annexation for the eastern half of the property and present a preliminary site plan for the entire property. In conclusion, Mr. Magliozzi advised that this annexation does meet all the requirements of state law and the City can provide services. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember -3-