12/26/06 Board of Public Works Minutes

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3REGULAR MEETING DECEMBER 26.2006 RECOMMENDATION -PETITION TO VACATE THE ALLEY - NORTH/SOUTH ALLEY FROM DUBAIL AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY Mr. Gilot indicated that New Life Fellowship Ministry, 2301 West Dubail Avenue, South Bend, Indiana, has submitted a request to vacate the above referred to alley. Mr. Gilot advised that the Board is in receipt of recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Environmental Services, Department of Economic Development and the Department of Public Works. Area Plan stated that the vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The area has not been fully built out. There are undeveloped lots. Vacating the alley could affect the ability of future development to conform to and fully utilize the alley to meet the current rear access design of the neighborhood. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. One current garage is accessed from the portion of the alley that would be vacated. The vacation would not hinder the public's access to a church, school, or other public building or place. The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Services such as trash removal use the alley and emergency access for the Fire and Police Departments could be negatively affected, in turn increasing their response times. Division of Environmental Services indicated that closing the alley would affect the trash service of six (6) neighbors. Currently their trash is placed in the alley. These customers would have to place their trash at the curb line for pick up. Engineering states, in addition, if this alley is vacated, it be done so subject to any utility easements that are necessary. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioner addressing these concerns. Mr. Inks seconded the motion which carried. ADOPT RESOLUTION NO. 74-2006 - A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (SHOEMAKER ANNEXATION AREAL Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 74-2006 A RESOLUTION OF THE BOARD OF PUBLIC WORKS 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 CENTRE TOWNSHIP (SHOEMAKER 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 Centre Township, St. Joseph County, Indiana, which is more particularly described at Page 15 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately .821 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 46.3% contiguous, generally located at the southeast corner of U.S. 31 and Detroit Street. It is anticipated that the annexation area will be developed for a single-story office-retail building and a parking lot. This development will require a basic level of municipal public services of a non- capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and 1 1 1 WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, street sweeping, flushing, and