04-09-01 Council Meeting Minutes

Home Browse Search

REGULAR MEETING APRIL 9, 2001 OR LESS AND S. 00 - 00' -00" W., 302.18 FT. MORE OR LESS AND S. 89 -48'- 11" W., 1131.53 FT. MORE OR LESS AND N. 01- 13' -22" W., 879.39 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 29.05 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, 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, street and road construction, and a street lighting system, within four (4) 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 described 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 the capital improvements required to service the annexation area will be planned, provided, and paid for by the 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 /Charlotte Pfeifer Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Division of Community Development, offices located in the Trigon Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this Fiscal Plan is for a voluntary annexation of land on the south side of the City in Centre Township off of Kern Road consisting of approximately twenty -nine (29) acres and containing one (1) residence. The property is zoned "R" Residential in unincorporated St. Joseph County. Mr. Magliozzi noted that various City departments have advised of their capabilities of providing service to the area. Both the Police Department and Fire Department indicated that they could expand their services to service the area. However, in order for the Fire Department to accomplish that, in the short term, they have had to contract with Centre Township to help provide emergency services and fire protection. Water and sewer mains are currently being extended down US 31 and will be available to the site. Mr. Magliozzi submitted replacement pages numbered eight (8) and nine (9) of the Fiscal Plan. He stressed that the City is not going to provide the cost for extension of sewer and water either to or into this particular site as it is the City's determination that the site is close enough to the available facilities and that the developer will be responsible for those extensions once the property is developed. Otherwise, the annexation does meet the criteria of state law. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes.