Loading...
HomeMy WebLinkAboutFiscal Plan for Gregory A. Kizer Annxation Area German TownshipAttest: RESOLUTION 3404 -04 Passed by the Common Council of the City of South Bend, Indiana December 13, 04 20_. City Clerk Chief Deputy Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 14, 20 04 Chief Deputy Clerk Approved and signed by me December 14 209.4— City Clerk �' .. RESOLUTION NO. 340` __01 A RESOLUTION OF THE COMMON COUNCIL 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 GERMAN TOWNSHIP ( GREGORY A. KIZER ANNEXATION AREA) WHEREAS, there is pending before the Common Council of the City of South Bend, Indiana, an Ordinance which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I ofthis Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 20 acres of wooded, vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 41 % contiguous, generally located on the south side of Brick Road, approximately 2,150 feet east of Portage Avenue. This annexation territory is intended for development as a single family home subdivision, and will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, 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 WHEREAS, the Common Council of the City of South Bend, Indiana, 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, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the 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; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A tract of land beginning at the northeast corner of the Northwest Quarter of Section 22, Township 38 North, Range 2 East, thence south along the east line of said Northwest Quarter, a distance of 1989.24 feet to the northeast corner of a tract land conveyed to Frank J. Pmsinski by deed record as instrument number 8505339 in the Office of the Recorder of St. Joseph County, Indiana; thence west along the north line of said Prusinski tract of land, a distance of 440.00 feet to the southeast corner of a tract of land conveyed to Bruce R. and Dorothy J. Michalos by deed record as instrument number 8108480 in said Recorder's Office; thence north along the east line of said Michalos tract of land and it's projection to the north right -of -way line of Brick Road, a distance of 2009.24 feet; thence east and parallel to the north line of said Northwest Quarter, a distance of 440.00 feet to the point of intersection with the east line of said Northwest Quarter; thence south along said east line, a distance of 20 feet to the point of beginning. Subject to restrictions and taxes of record and rights of way for legal highways, drainage tiles, ditches, feeders and laterals. Section 11. 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, and a storm water system, 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 ", 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 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. M ber, South Bend Common ouncil PRESENTED VL -�3'0� NOT APPROVED. ADOPTED 'J k-2--k 3-01 Filed In Clerk's Office E EEC - 7 i2004 JOHN VOOBDE r m rt rRK- s0. BEND. IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 04 -128 A RESOLUTION OF THE COMMON COUNCIL 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 GERMAN TOWNSHIP, GREGORY A. KIZER ANNEXATION AREA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Sean Coleman Chairman CITY OF SOUTH BEND FISCAL PLAN Gregory A. Kizer Annexation Area German Township Stephen J. Luecke - Mayor South Bend City Council Derek Dieter Charlotte Pfeifer Roland Kelly Ann Puzello David Varner Ervin Kuspa Sean Coleman Al Kirsits Karen White Division of Community Development Pam Meyer, Director Larry Magliozzi, Assistant Director "Exhibit "A" June 2004 Gregory A. Kizer Annexation Area 2 TABLE OF CONTENTS SECTION I. —INTRODUCTION .................................. ............................... 3 SECTION II. GENERAL DATA ................................. ............................... 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate I. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES ..................... ............................... 5 A. Public Works B. Police Department C. Fire Department D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. FISCAL IMPACT .................................. ............................... 9 SECTION V. APPROVAL ............................................. ............................... 11 TaxRates ................................................................... ............................... 12 LegalDescription ....................................................... ............................... 13 Map.................................................................. ............................... 14 Gregory A. Kizer Annexation Area 3 SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City') policy for the annexation of property in German Township, St. Joseph County, Indiana (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance SECTION H. GENERAL DATA A. Location The Annexation Area is generally located on the south side of Brick Road, approximately 2,150 feet east of Portage Avenue. See Map 1. B. Legal Description The Annexation Area is part of the Northwest Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana. For a complete legal description see Table 2. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiguous 1,968.20 feet 41% Non - Contiguous 2.844.60 feet 559% Total 4,812.80 feet 100% D. Size of Annexation Area The Annexation Area is approximately 20 acres in area. Gregory A. Kizer Annexation Area 4 E. Buildings and Land Use There are no structures or homes within the Annexation Area. The parcel is wooded. A 46 lot, single - family subdivision is being proposed for the Annexation Area. F. Zoning & Subdivisions The site is zoned "R" Residential in unincorporated St. Joseph County. It is proposed to be zoned "SF I" Single- family Residential upon approval of the City Council and incorporation into the City of South Bend. G. Population No people currently reside in the Annexation Area. H. Tax Rate The tax rates used are those of 2003 payable in 2004. The Township Rate will decrease by $.1142 per $100.00 of assessed valuation with the deletion of the Fire Fighting Fund, the Fire Equipment Debt Fund and the Cumulative Fire assessments. The tax rate for the Annexation Area will increase by $2.2954 with the addition of the City and Town Rate, the Redevelopment District Rate and the South Bend Transpo Rate. The net increase in property taxes will be $2.1812 per $100.00 of assessed valuation. Table 1 shows representative tax rate information as published by the St. Joseph County Auditor. I. Assessments 2003 payable 2004, St. Joseph County Auditor property tax records: Land: $100.00 Improvements: $0.00 Net: $100.00 I Municipal Legislative District The Annexation Area will be in the 1 st District. Gregory A. Kizer Annexation Area 5 K Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The German Township Trustee has been notified of this Annexation. SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - An 8" sanitary sewer is available in the Cross Creek subdivision at Flat Iron and Foxfire. The sewer has adequate capacity, and the wastewater treatment plant is adequately sized to handle the additional flow. No additional public expenditures will be needed to extend existing sewer main facilities for this Annexation Area. Water - An 8" water main is located at Foxfire Drive and Brick Road. The developer will be responsible for constructing a 12" line along the entire frontage of the new development. The City will extend the 12" water main east to the intersection of Brick and Foxfire. No additional public expenditures will be needed to extend existing water main facilities. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36- 9 -22 -2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - street lighting will be provided by the developer. Waivers of Annexation - Waivers of annexation are not required for the Annexation Area. Streets — The proposed, new public streets will be constructed by the developer. Drainage Plan — Street drainage facilities, will be constructed by the developer. General Budget Analysis 2002 Budget Report for the Department: Expenditures: State Revenue: Balance: Miles of Roadway in City: Cost per Mile: New Mileage within Area: Total estimated Maintenance cost: Anticipated State revenue /mile: Cost for Annexation Area per year: $7,427,294 $5,341,296 $2,086,165 @471 @$15,769 @.46 miles (2,440 feet) @$7,254 @$5,216 ($11,340 • .46 = $5,216) @$2,038 Gregory A. Kizer Annexation Area 6 When fully developed, this annexation area is not expected to require major capital outlays for public works vehicles or equipment. Cost of road maintenance will be greatly reduced during the early years of this development in anticipation that major repairs will not be needed. B. Police Department The noted area would be expected to be added to the already existing BEAT 22. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. Cost for servicing this area would be expected to be absorbed by the existing budget of the Police Department, as the addition of this area would not be significant to the point of having to increase any budgetary items. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. It is anticipated that the services of this Department will be minimally required to service the Annexation Area in the first five years. Therefore, the service cost of the Department has been reduced by one -third to reflect a more realistic actual cost to service the Annexation Area in the first five years. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2002 Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2003): Cost per Parcel: Proposed Number of Households in Area: Number of new Parcels: Cost for Annexation Area per year: $7,427,294 @42,908 @$173 @47,462 @$156 46 46 $4,784 ($156 •46 = $7176 / 3 = $2392 •1) Gregory A. Kizer Annexation Area 7 C. Fire Department The Annexation Area will be serviced primarily by Station #11, located at 3505 N. Bendix Drive approximately one point six (1.6) miles away. Additional Fire Department units would respond from Fire Station #7 located at 1616 Portage Avenue which is approximately three point five (3.5) miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. Distance from fire stations and response times will greatly improve when the new Fire Station #12 is constructed in the future. It is anticipated that the services of this Department will be minimally required to service the Annexation Area in the first five years. Therefore, the service cost of the Department has been reduced by one -third to reflect a more realistic actual cost to service the Annexation Area in the first five years. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2002 Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2003): Cost per Parcel: Proposed Number of Households in Area: Number of new Parcels: Cost for Annexation Area per year: D. Code Enforcement $15,020,769 @42,908 @$350 @47,462 @$316 46 46 $9691 (5316' 46 = S1453613 = S4845.33' 2) The Annexation Area will be added to Area 8. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. It is anticipated that the services of this Department will be minimally required to service the Annexation Area in the fast five years. Therefore, the service cost of the Department has been reduced by one -third to reflect a more realistic actual cost to service the Annexation Area in the first five years. Gregory A. Kizer Annexation Area 8 2002 Budget Report for the Department: Expenditures: Number of Parcels in City (3/1/00): Cost per Parcel: Proposed Number of Parcels in Area: Cost for Annexation Area per year: E. Environmental Services $2,050,310 @47,462 @$43 46 $1319 (S43 •46 = $197813 = $659.33 -1) Environmental Services provides wastewater treatment and administers the City's Solid Waste service. These services are supported by user fees, and are paid through the Water Works billing system. Industrial and apartment customers are not served: Single family rate: $8.00 per month. Senior rate: $5.50 per month. Duplex rate: $10.50 per month Tri-plex: $13.00 per month Quad: $15.00 per month Recycling fee: $1.97 per month F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's office, the Legal Department, and the Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non - capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county-wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County/South Bend Building Department are some of the county-wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County-wide services will continue to be supported by the County and Township tax rates that will remain in effect. Gregory A. Kizer Annexation Area 9 SECTION IV. FISCAL IMPACT 1) Essential ciiy services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcels must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provide by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination o£ 2003 payable 2004 tax rates, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City-wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services will not be required or possibly requested for many years. Hence, the cost of providing services over the first five years is adjusted, and the costs reflected in this fiscal impact should be evaluated with this in mind. Gregory A. Kizer Annexation Area 10 TABLE 1 Summary Table — Estimated Fiscal Impact Expenditures Capital (est.) Non - Capital Per Year est. 5 -Year Sewer Extension $0.00 n/a $0.00 Water Extension $15,000 $15,000 Street Lights $0.00 n/a $0.00 Police $0.00 $4784 $23,920 Fire $0.00 $9691 $48,455 Code $0.00 $1319 $6,595 Street Maintenance $0.00 $2,038 $10,190 0 Street Construction $0.00 $0.00 Approximate 5-Year Cost $104,160 Revenues Tax Year Property Taxes unincorporated 02103 $2.00 ear 1; 2005) 04/05 $0 ear 2; 2006) 05/06 $13,000 ear 3; 2007 06/07 $36,000 ear 4; 2008 07/08 $49,000 ear 5; 2009) 08/09 $113,000 Note: All Revenues estimated & cumulative 0 MVH/LRSA estimated from 2002 revenue/mile 11,340 x 5 years $26,082 0 Total $139,082 Estimated full net assessment: $690,000 (in five years) Estimated tax income per year after full development potential is reached: $113,000 (in five years) Gregory A. Kizer Annexation Area 11 SECTION V. APPROVAL Approved by the City of South Bend Common Council this day of 2004 Gregory A. Kizer Annexation Area 12 TABLE 2 TAX RATE INFORMATION - German Township 2003 Payable 2004 GERMAN % OF SOUTH BEND % OF TAX RATE FUND TOWNSHIP TOTAL RATE GERMAN TOTAL RATE DIFFERENTIAL Total State Rate 0.0024 0.09% 0.0024 0.05% Total County Rate 0.7652 28.01% 0.7652 15.58% Township Fund 0.0089 0.0089 Poor Relief Fund 0.0011 0.0011 Fire Fighting Fund 0.086 -0.086 Township Recreation Fund 0.002 0.002 Fire Equipment Debt Fund 0.0065 -0.0065 Cumulative Fire 0.0217 - 0.0217 Total Township Rate 0.1262 4.62% 0.012 0.24% Rate Decrease: 0.1142 Total School Rate 1.6201 59.31% 1.6201 32.98% Total Library Rate 0.183 6.70% 0.183 3.73% Total Cityfrown Rate 2.1115 42.98% 2.1115 Total Redevelopment District Rate 0.1012 2.06% 0.1012 Total Airport Rate 0.0346 1.27% 0.0346 0.70% South Bend Transpo 0.0827 1.68% 0.0827 Rate Increase: 2.2954 TOTAL TAX RATES 2.7315 100.00% 4.9127 100.00% 2.1812 Gregory A. Kizer Annexation Area 13 TABLE 2 LEGAL DESCRIPTION A tract of land beginning at the northeast corner of the Northwest Quarter of Section 22, Township 38 North, Range 2 East, thence south along the east line of said Northwest Quarter, a distance of 1989.24 feet to the northeast corner of a tract land conveyed to Frank J. Prusinski by deed record as instrument number 8505339 in the Office of the Recorder of St. Joseph County, Indiana; thence west along the north line of said Prusinski tract of land, a distance of 440.00 feet to the southeast comer of a tract of land conveyed to Bruce R. and Dorothy J. Michalos by deed record as instrument number 8108480 in said Recorder's Office; thence north along the east line of said Michalos tract of land and it's projection to the north right -of -way line of Brick Road, a distance of 2009.24 feet; thence east and parallel to the north line of said Northwest Quarter, a distance of 440.00 feet to the point of intersection with the east line of said Northwest Quarter; thence south along said east line, a distance of 20 feet to the point of beginning. Subject to restrictions and taxes of record and rights of way for legal highways, drainage tiles, ditches, feeders and laterals. MAP 1 Greaory A. Kizer Annexation Area Map provided by The City of South Bend GIS - 2003 ® Annexation Area Egil City of South Bend ine or: Division of Community e information on this page 3s collected from several urces. The City of South and assumes no legal sponsibility for the information ntained on this map. Users Ming errors or omissions are couraged to contact the City South Bend GIS Department. :e full disclaimer for more copyright 2003 The City of South Bend, Indiana 1200 C'OUNW -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574 /235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 COMMUNITY & ECONOMIC DEVELOPMENT December 7, 2004 Ms. Karen White, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 SHARON T. KENDALL EXECUTIVE DIRECTOR Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP • Gregory A. Kizer ANNEXATION Dear Ms. White: I am attaching for filling, the above - referenced resolution, which is a companion to Bill No. 81 -04. This Bill proposes to annex contiguous territory in German 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 concerning the provision of services, both capital and non - capital in nature, to the territory to be annexed. Gregory A. Kizer is a voluntary petition. It is a 20 acre parcel on the south side of Brick Road, west of Portage Avenue. All public improvements will be required to be done at the expense of the developer. I am requesting that the attached resolution be placed on the November 22, 2004 agenda of the Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting as the presenter. Your favorable consideration is requested. cc: John Voorde Sincere , � /L3or Larry Magli ,Assts nt Director Division of Community Developmen�_ Filed in ClOdes Office DEC -I F:\DATA\SHARE\Dpnd\ Annexation \ACTIVE\Kizer \Counci102.kai.doc COMMUNnY DEVELOPMENT ECONOMIC DEVELOPMENT RNANcva, & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIzABETH LEONARD FAx: 574/235 -9697 5741235 -9371