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HomeMy WebLinkAboutCC-11-03-03-01 Fiscal Pln C-261 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON RESOLUTION NO. CC-11-03-03-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADOPTING A FISCAL PLAN FOR THE ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY OF CARMEL, INDIANA WHEREAS, well defined long term planning benefits the City of Carmel ("City") and the community at large; and WHEREAS, in recognizing the need and benefit of long term planning, the Common Council of the City of Carmel, Indiana ("Council") is desirous of annexing a certain portion of Clay Township into the City of Carmel (the "Annexation Territory"); and WHEREAS, the Annexation Territory is contiguous to the existing city limits o£the City of Carmel; and WHEREAS, a map describing the boundaries of the Annexation Territory is attached hereto and incorporated herein as Exhibit A; and WHEREAS, a legal description of the Annexation Territory is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Annexation Territory consists of approximately 1.328 acres; and WHEREAS, the Annexation Territory is needed and can be used by the City for its development in the reasonably near further; and WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of certain services to annexed areas; and WHEREAS, the Council is desirous of adopting a written fiscal plan for the Annexation Territory; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel of Carmel, Indiana, that: Section One: The Council adopts the Fiscal Plan "("Plan") prior to the adoption of the annexation ordinance for the Annexation Territory, a copy of which is attached hereto and incorporated herein as Exhibit C. Section Two: The purpose of the Plan is to confirm that the City is physically and financially able to provide municipal services to the Annexation Territory pursuant to the Plan. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON Section Three: The basic services described in the Plan become effective pursuant to the Plan upon adoption of Annexation Ordinance No. C-261. Section Four: The City will provide a copy of the Plan immediately after adoption to the landowner in the Annexation Territory who requests a copy from the Clerk-Treasurer of the City. Section Five: This Resolution shall be in full force and effect from the date of passage, and its publication, as provided by law. PASSED by the Common Council of the City of Carmel, Indiana this ~crC/day of (jqc_~l~(~ ,2003, by a vote of (~ ayes and © nays.  COUNCIL FOR THE CITY OF P~_~'~ ffic er. /, Kevin: t/Robert Battreall ,,~onald E. Carter N.L. Rundle Wayn ATTEST: Diana L. Coi~easur Approved SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON me to the ~/layor of the City of Carmel, Indiana, the ~_~ day of , 2003, at ~ff~.m. Diana L. Cordra~,'clerk- reasur by me, the Mayor of the City of Carmel, Indiana this toC>f~] day of ~ , 2003 at rainard, Mayor ATT/~T: . Diana L. Cordray, Clerk-~r Prepared By: Sue A. Beesley Bingham McHale LLP 10 W. Market Street Suite 2600 Indianapolis, Indiana 46204 EXHIBIT A J EXHIBIT "B" L~GA~ DESCRIPTION ANNEXATION ORDINANCE C-261 Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Parcel- A Commencing at the Northeast comer of the said Noxthwest Quarter Section; thence South 89 degrees 05 minutes 16 seconds West (bearings based on NAD83 State Plane Coordinates - East Zone) along the North hne of the said Northwest Quarter 783.77 feet; thence South 00 degrees 54 nfinntes 44 seconds East 75.46 feet to the South right of way line of 146t~ Street; thence South 89 degrees 05 minutes 16 seconds West along the said South right of way line 1487.00 feet to the Easterly permanent right of way line for State Highway Number 431 per plans for Project S-165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-626 (the next tbxee courses are along said right of way); 1) Thence South 71 degrees 30 minutes 51 seconds West 24.82 feet; (coincident with the corporate lira/ts of the City of Carmel via Annexation Ordinance C-171 ); 2) Thence South 07 degrees 16 minutes 09 seconds East 71.80 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C-171) to the POINT OF BEGINNING, which lies on a non-tangent curve having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22 minutes 03 seconds East; 3) Thence Southeasterly along said curve an arc distance of 914.16 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C-171) to a point, which bears South 69 degrees 03 minutes 19 seconds West 5624.60 feet from said radius point; Thence South 69 degrees 03 minutes 19 seconds West 47.00 feet to the Easterly line for Limited Access right of way per said plans and cause number and the point of curvature of a non-tangent curve having a radius of 5671.60 feet, the radius point of which bears North 69 degrees 03 minutes 19 seconds East; Thence Northwesterly along said Easterly Limited Access right of way line and curve an arc distance of 921.80 feet (coincident with the corporate 1/mits of the City of Carmel via Annexation Ordinance C-50) to a point which bears South 78 degrees 22 minutes 03 seconds West 5671.60 feet from said radius point; Thence North 78 degrees 22 minutes 03 seconds East 47.00 feet to the POINT OF BEGINNING, containing 0.990 acres, mom or less, subject to ail easements and right of way of record. ALSO: Parcel B Commencing at the Northeast comer of the said Northwest Quarter Section; thence South 89 degrees 05 minutes 16 seconds West (bearings based on NAD83 State Plane Coordinates - East Zone) along the North hne of the said Northwest Quarter 783.77 feet; thence South 00 degrees 54 minutes 44 seconds East 75.46 feet to the South right of way line of 146th Street; thence South 89 degrees 05 minutes 16 seconds West along the said South right of way line 1487.00 feet to the Easterly permanent right of way line for State Highway Number 431 per plans for Project S-165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-626 (the next three courses are along said fight of way); 1) Thence South 71 degrees 30 minutes 51 seconds West 24.82 feet; 2) Thence South 07 degrees 16 minutes 09 seconds East 71.80 feet to a point which lies on a non-tangent curve having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22 minutes 03 seconds East; 3) Thence Southeasterly along said curve an arc distance of 914.16 feet to the POINT OF BEGINNING which bears South 69 degrees 03 minutes 19 seconds West 5624.60 feet from said radius point; Thence continuing Southeasterly along said curve an arc distance of 277.57 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C-171) to a point which lies North 46 degrees 28 minutes 09 degrees West 42.36 feet fi:om the South line of the North half of the Northwest Quarter of said Section 19; Thence South 46 degrees 28 minutes 09 degrees East 42.36 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinnnce C-171) to a point on the said South line; Thence South 89 degrees 03 minutes 16 Seconds West on and along said Sonth line 69.16 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C-218) to the Easterly line for Limited Access right of way of State Highway 431 and the point of curvature of a non-tangent curve having a radius of 5671.60 feet; Thence Northwesterly along said Easterly Limited Access right of way line and curve an arc distance of 300.00+ feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C-50) to a point having a radius of 5671.60 feet, the radius point of which bears North 69 degrees 03 minutes 19 seconds East; Thence North 69 degrees 03 minutes 19 seconds East 47.00 feet to the POINT OF BEGINNING, containing 0.338 acres, more or less, subject to all easements and right of way of record. The total cumulative acreage of these descriptions is 1.328 acres more or less. EXHIBIT C City of Carmel Annexation Fiscal Plan 1 Parcel - Lowe's Frontage This Fiscal Plan may be inspected at the Department of Community Services, located on the 3rd floor of City Hall, Carmel, IN. Copies of the Fiscal Plan are available to the public for a fee in accordance with city ordinances. Questions related to this annexation can be directed to Michael Hollibaugh, Director, Department of Community Services, City of Carmel (317-571-2417). Executive Summary of Annexation Impact Annexation of thc above proper~y in the area will result in no tax increase, as the property was added to the existing parcel owned by Lowe's Home Improvement, Inc., for which taxes are already being received. Contiguity The annexation territory is substantially more than 12.5% contiguous with the corporate boundaries of the City of Carmel. Annexed Population The proposed annexation will include no additional population. Annexed Streets & Roads The annexation area is estimated to add approximately 0 miles of streets and roads to the municipal thoroughfare system which contains a total of approximately 215 miles of local streets and roads- The streets in the area were developed under development standards without curbs and sidewalks. Therefore, the City will install no curbs and/or sidewalks in the area after annexation. Therefore, the projected fiscal impact of the proposed annexation on the street department is estimated to be 0% on the expenses and revenue streams related to thoroughfare miles. It should be noted, however, that Cannel has a number of pending annexations which collectively add potentially significant miles of city street and those costs will accrue. Summary of Municipal Service Impact The proposed annexation involves properties which are already receiving a substantial complement of municipal services, including capital and non-capital services of the Street Department, Fire Department, Police Department, city administration (including planning), and municipal utilities. Some of these municipal services are provided through joinder agreements with the township. All municipal services will be provided to the annexation territory in a manner equivalent to the provision of services to other parcels within the corporate limits. DEP/.RTMENTAL SERVICES PROVII~EI> BI' JOINDER The following services are provided through joinder agreements: fire protection, parks, planning/zoning/community development services, and the communications center. Since these jonider services are provided inside and outside of the corporate limits of the City, the proposed annexation will generate no measurable fiscal impact on the operation of these j oinder departments. Instead, the revenues associated with these departments will simply be transfen'ed from the township budget to the municipal budget, thereby generating no net impact on the taxpayer. IMPACT ON .POLICE DEPARTMENT The projected fiscal impact of the annexation on the police department is projected to be negligible. Carmel Police already patrol the major corridors serving the property in the annexation territory, as well as answering calls for service in the general area. As a purely technical matter, ifa crime or a call for service were to occur on the property within the annexation territory, the City Police are supposed to defer to the County Sheriff. However, as a practical matter, the technical minutia of such jurisdictional issues is projected to actually cost more than it is worth to enforce. In fact, the annexation will probably result in a cost savings to the municipality due to clarification of such jurisdictional minutia. However, the only way there would be any practical difference in the cost of mnnicipal police service would be if a crime were to occur directly on one of the annexation parcels, which is an extremely unlikely occurrence, in statistical terms. Therefore, the projected impact on municipal police services is estimated to be negligible. IMPACT ON STREET DEPARTMENT The projected impact of the proposed annexation on the municipal operation of the Street Department is estimated to cause additional expenses of approximately 0.0% to the Carmel Street Department, due to local streets added by the annexation. IMPACT ON MUNICIPAL ADMINISTRATION The projected impact of the proposed annexation on the departments involved in municipal administration is projected to also be $0. The practicality of the matter is that citizens in the annexation territory are akeady free to request administrative services of the City, including phone calls to the Mayor and City Council and offering testimony at public meetings, which are treated with respect and given appropriate response. IMPACT ON MUNICIPAL UTILITIES All of the parcels within the annexation tenitory will be afforded access to full utility services as demanded by the land use, and as specifically provided by the City's annexation policies, including capital and non-capital water and sewer utility services precisely in accordance with the standard practices of the city utility ordinances, and in accordance with the systems of rates and charges which are administered by the utility departments. The Utility Department estimates the cost of installing water and sewer services in the annexation area to be $0. The City's policy is that owners may request utility service extensions to their property. The cost of these services is projected to be paid in accordance with established City policies where the property owners pay the cost of these capital improvements. Provision of Municipal Services Non-Capital services which are not covered under the joinder agreement with Clay Township will be provided within one year of die effective date of the annexation action. Within the context of the City of Carmel and its joinder service provisions, the non-capital services would include road naaintenance by the Street Department and police protection by die Carmel Police Department. Non-capital service costs will be paid through the annual revenues of the City, including property tax revenues and other municipal revenues, as appropriate. Capital services which are not covered by the j oinder service agreements will be provided within 3 years of the effective date of the annexation, as necessary for the land use. If capital services are later identified as necessary and appropriate under the municipal service policies of the municipality, such capital services will be covered through the issuance of some form of municipal debt, with costs to be repaid by property owners in the annexation area, as specified in the City's annexation policies. Other Considerations Land Use The annexation area is currently frontage for Lowe's. Needed & Can Be Used The annexation area is needed by the municipality for its development at the present time and in the reasonably near future. The municipality already provides many municipal services to the annexation area, as well as reviewing/approving development proposals for land within the area. Annexing Territory 100% Contiguous with the City The City of Carmel previously approved annexation policies which specifically addressed areas of 100% contiguity with the City, as follows: "As Carmel has developed, there have been areas left outside of its corporate limits which are approaching 100% contiguity (i.e. completely surrounded by the city). A recent map of the incorporated city shows several such areas east of Spring Mill Road. It is, therefore, the policy of the city that such areas be considered for anuexation at the earliest practical time, with appropriate consideration of the cost of services to each specific area." This annexation is specifically undertaken due to this policy. Annexation of Indebtedness In any annexation action, the City of Carmel will comply with all statutory requirements regarding the absorption of debt incurred by the unincorporated township for the purpose of providing mnnicipal services to the annexation territory. 816935