HomeMy WebLinkAboutFiscal Plan for Wal-mart Portage Annexation Area in German TownshipRESOLUTION
NO. 2538 -98
Passed by the Common Council of the City of South Bend, Indiana,
January 12, �98
Presented by me to the Mayor of the City of South Bend,
January 13, 19 98
Clerk
of Common Council.
Approved and signed by me January 13, 1998
City Clerk
Mayor
RESOLUTION NO. ,25 'V
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A
POLICY FOR THE PROVISION OF SERVICES TO
AN ANNEXED AREA IN GERMAN TOWNSHIP
(WALMART /PORTAGE ANNEXATION)
WHEREAS, there has been submitted to the Common Council of
the City of South Bend, Indiana, an ordinance which proposes the
annexation of the real estate described hereinafter as Exhibit
"A ", located in German Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed encompasses
approximately 12.2 acres of land, presently used primarily for
residential purposes but contemplated for commercial development
and located on the west side of Portage Avenue, approximately
2,500' north of Cleveland Road in German Township, St. Joseph
County, Indiana; with 53% of its aggregate external boundaries
coinciding with the boundaries of the City of South Bend; and
this territory is needed and and can be used by the City of South
Bend for its development in the reasonably near future. The
development of the territory proposed to be annexed will require
a basic level of municipal public services, including fire and
police protection, street and road maintenance, water and sewer
service, and services of a capital improvement nature, including
street lighting; potential street widening and traffic light
installation; 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, police and fire protection, and other non - capital
services normally provided within the corporate boundaries, and
services of a capital improvement nature, including street
lighting; (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 services of a capital
improvement nature will be provided to the annexed area within
four (4) 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, the Board of Public Safety of the City of South Bend, and
the Board of Water Works Commissioners 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
appropriate and the adoption of which as the plan and policy for
the City of South Bend, the Common Council finds to be in the
best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. That 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 in Exhibit "A" attached hereto and made a part hereof,
be annexed to the City of South Bend.
Section II. That 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 street and road maintenance, police and fire protection 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 lighting, street widening if appropriate, and installation
of a traffic signal if feasible pursuant to a traffic study to be
conducted by the developer, all 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. That the South Bend Common Council for the
City of South Bend shall and does hereby now establish and adopt
the fiscal plan described in Exhibit "B ", attached hereto and
made a part hereof, for the furnishing of said services to the
territory to be annexed.
Section IV. This
effect from and of its
approval by the Mayor.
PRESENTED I —/) ,9 K
NOT APPROVED
AWM/- 0 -1
Resolution shall be in full force and
date of adoption by the Common Council and
Ge_�C'4z��
Member, South Bend Common Council
Filed in Clerk's Office
DEC 17 1997
__j
LOREfYAJ. DUDA
CffYOLERK, 80. BEND, IN..
Part of the Southwest Quarter (1/4) of Section Twenty -two (22),
Township thirty -eight (38) North, Range Two (2) East, German
Township, St. Joseph County, Indiana, more particularly described
as follows:
Commencing at a stone at the Northwest (NW) corner of said
quarter (1/4) section said point also being the Northwest (NW)
corner of Lot 1 Kizer's Portage Road Minor Subdivision (St.
Joseph County Doc. No. 9431022); thence South along the West line
of said quarter (1/4) section and along the West line of said Lot
1 a distance of 135 feet to the South west corner of said Lot 1
for the beginning point of this description; thence North 89
degrees 53 minutes 39 seconds East (Westerly recorded) along the
Southerly line of said Lot 1 a distance of 1006.88 feet to a one -
half ('h) inch reinforcing rod with cap (SO 318 Indiana 20710-
22436); thence continuing North 89 degrees 53 minutes 39 seconds
East to the Easterly right -of -way line of Portage Road; thence
Southerly along the Easterly right -of -way line of said Portage
Road to the West line of the East half (Vz) of the Southwest
Quarter (1/4) of Section Twenty -Two (22) Township Thirty -Eight
(38) North, Range Two (2) East; thence Southerly along said line,
and also being the Corporation Line of the City of South Bend, to
the centerline of Portage Road; thence in a Northerly direction
along said centerline, and also being the Corporation Line of the
City of South Bend, to a point where the Northerly line of the
South Bend Corporation Line intersects with said centerline;
thence South 89 degrees 53 minutes 26 seconds West along said
Corporation Line a distance of 1183.94 feet to a one -half (;12)
inch iron stake and the West line of aforementioned quarter (1/4)
section a distance of 448.72 feet (450 feet recorded) to the
place of beginning, containing 12.2 acres, more or less.
Filed in Clerk's Office
DEC 1 7 1997
LDAE'rdAJ. DUDA
CITY CLERK, 9D. BEND. M.
Exhibit "A"
Legal Description
Walmart /Portage Annexation Area
CITY OF SOUTH BEND
Wal -Mart Portage
Annexation Area
FISCAL PLAN
German Township
Stephen J. Luecke - Mayor
South Bend City Council
James Aranowski
Charlotte Pfeifer
Roland Kelly
John Broden
David Varner
Andy Ujdak
Sean Coleman
John Hosinski
Rod Sniadecki
Division of Planning & Neighborhood Development
Pam Meyer, Director -C &ED
Larry Magliozzi, Assistant Director
December 1997
Filed In Clerk's Office
DEC 1 7 1997
LORMA J. DUDA
CRY CLERK, SO. BEND, 1%
Wal -Mart Portage Annexation Area 2
TABLE OF CONTENTS
SECTION I. INTRODUCTION .. ............................... 3
SECTION II. GENERAL DATA . ............................... 4
A.
Location
B.
Legal Description
C.
Contiguity
D.
Size and Topography
E.
Buildings and Land Use
F.
Zoning & Subdivisions
G.
Population
H.
Tax Rate
I.
Assessments
J.
Councilmanic 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 .. ............................... 7
SECTION V. APPROVAL ....... ............................... 7
Legal Description ............ ............................... 8
TaxRates .................. ............................... 9
Map.................. ............................... 10
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Wal -Mart Portage Annexation Area
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 (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
B. Need For Annexation of New Area
The City of South Bend, in partnership with the South Bend Redevelopment Authority and the St.
Joseph County Airport Authority, initiated a regional economic development project involving the
development of over 3,500 acres surrounding the Michiana Regional Airport and the Toll Road/St.
Joseph Valley Parkway. Then called the Airport 2010 project, it was contemplated to be an
ongoing private - public partnership resulting in hundreds of millions of dollars of private
investment, and thousands of jobs for north - central Indiana.
The potential development of the Annexation Area is well within the scope of activity that was
anticipated, and encouraged, for this part of the County. For these reasons, it is desirable that the
Annexation Area have the same development standards as its neighboring properties in the City.
Development of properties adjacent the Annexation Area and within the City, are subject to the
ordinances and standards of the City; development of the Annexation Area is subject to the
ordinances and standards of St. Joseph County. The ordinances and development standards of the
City and of St. Joseph County are not identical, nor are they necessarily compatible. Since the
Annexation Area is contiguous to the City yet subject to different development standards, zoning
and other ordinances, planning for the development of the City in this vicinity is inherently more
difficult and potentially frustrated. The Annexation Area, therefor, is needed and can be used by
the City for development, and is a natural and logical extension of the City boundary.
Wal -Mart Portage Annexation Area
SECTION II. GENERAL DATA
A. Location
The Annexation Area is located 2,400' north of Cleveland Road on the west side of Portage Road.
See Map 1.
B. Legal Description
The Annexation Area is part of the Southwest Quarter of Section 22, Township 38 North, Range 2
East, German Township, St. Joseph County, Indiana. For a complete legal description see Table 1.
C. Contiguity
The Annexation Area is at least 1/4 (25 %) contiguous to the current City limits:
Contiguous Non - Contiguous Total (approx.)
1,994.7 feet 1,800 feet 3,794.7 feet
53% 47% 100.00%
D. Size and Topography
The Annexation Area is approximately 12.2 acres. The area is relatively flat.
E. Buildings and Land Use
The site is an open area with a residential structure at the northeast corner. The intended use of the
site is for the development of a Wal -Mart store. The Annexation Area will be combined with
additional property to the south, already within the City of South Bend limits.
F. Zoning & Subdivisions
The site is currently zoned "R" Residential in unincorporated St. Joseph County. The petitioner
will be seeking a rezoning of the property upon the effective annexation of the site. The South
Bend Common Council will have final approval following established procedures for the zoning
of property.
The site is not subdivided, but will be required to be subdivided.
G. Population
There is one residential unit within the Annexation Area.
Wal -Mart Portage Annexation Area
H. Tax Rate
The tax rates used are those of 1996 payable in 1997.
The Township Rate will decrease by $.5426 per $100.00 of assessed valuation with the deletion of
the Fire Fighting Fund, the Fire Debt Fund and the Cumulative Fire assessments.
The tax rate for the Annexation Area will increase by $7.024 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 $6.4814 per $100.00 of assessed valuation. Table 2
shows representative tax rate information as published by the St. Joseph County Auditor.
I. Assessments
Net Assessment 1996 payable 1997, St. Joseph County Auditor property tax records:
Net Assessment: $13,660.00
J. Councilmanic District
The Annexation Area will be in Councilmanic District 1.
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
There is an existing 15" sewer in Portage Road, terminating 444' north of Bendix Drive.
There is an existing 12" water main in Portage Road which extends north past the Annexation
Area. This main supplies the Hurwich Farms Apartment complex and the Meijer store.
The Department of Public Works advises that a traffic study be done by the developer to determine
if Portage Road requires widening, or whether a traffic signal is feasible.
The only traffic lighting that exists is at the entrance to Hurwich Farms Apartments. A minimum
of two street lights would be required abutting the proposed development site. The Department of
Public Works does not anticipate any additional public improvements by annexing this Area.
Wal -Mart Portage Annexation Area 6
B. Police Department
The Annexation Area will be added to Beat 22. Police coverage can be expected to begin shortly
after the effective date of the annexation.
Police patrols, traffic enforcement and emergency responses will be part of the services the City
will offer to the area. Police services and response time in this area can be expected to be
comparable and consistent with that as in other parts of the City.
C. Fire Department
The South Bend Fire Department does not foresee any unusual fire protection problems related to
this annexation. The Annexation Area is located less than 1 mile from Station #11, located at
3505 North Bendix Drive. Additional Fire Department units would respond from Fire Station #7
at 1616 Portage Avenue which is approximately 2.5 miles away.
Fire officials note that response times will be comparable to other areas of the City, and that no
additional equipment will need to be purchased or personnel hired to service the Annexation Area.
D. Code Enforcement
The Department of Code Enforcement can provide services to the Annexation Area with a
response time that is similar to the rest of the City, and with no additional increase in manpower or
equipment.
E. Environmental Services
The Division of Environmental Services notes that there is one residence on the site which would
require solid waste service. The service will be offered at a rate of $8.00 per month, or $5.50 per
month for senior citizens.
F. Administrative Services
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 that will continue to provide the
same type and level of services to the Annexation Area.
Wal -Mart Portage Annexation Area
SECTION IV. FISCAL IMPACT
The cost of providing city services to the Annexation Area can be absorbed by Department
budgets:
1) essential city services and facilities are or can be made available to the residents of the
Annexation Area
2) the city is physically and financially able to provide city services to the territory sought to
be annexed
Summary Table - Fiscal Impact
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. Property tax
estimates are based on 1996 payable 1997 tax rates, and taxes paid in previous years by a
comparable development. Tax rates are subject to change every year.
SECTION V. APPROVAL
Approved by the City of South Bend Common Council this day of , 1998.
Capital & Non - Capital Expenditures (est.)
Revenue (est.)
1996 -1999
Extension
Lift Station / Sewer
$0.00
Water
$0.00
Street Lights
$0.00
Police
$0.00
Fire
$0.00
Code
$0.00
Sanitation
$0.00
Property Tax (est.)
tax year 96/97 (part in city)
$67
tax year 97/98
$780
tax year 98/99
$85,500
tax year 99/2000
$95,000
TOTAL
$0.00
$181,347.00
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. Property tax
estimates are based on 1996 payable 1997 tax rates, and taxes paid in previous years by a
comparable development. Tax rates are subject to change every year.
SECTION V. APPROVAL
Approved by the City of South Bend Common Council this day of , 1998.
Wal -Mart Portage Annexation Area 8
TABLE I
LEGAL DESCRIPTION
Part of the Southwest Quarter (1/4) of Section Twenty -two (22), Township thirty-eight (3 8) North,
Range Two (2) East, German Township, St. Joseph County, Indiana, more particularly described
as follows:
Commencing at a stone at the Northwest (NW) corner of said quarter (1/4) section said point also
being the Northwest (NW) corner of Lot 1 Kizer's Portage Road Minor Subdivision (St. Joseph
County Doc. No. 9431022); thence South along the West line of said quarter (1/4) section and
along the West line of said Lot 1 a distance of 135 feet to the South west corner of said Lot 1 for
the beginning point of this description; thence North 89 degrees 53 minutes 39 seconds East
(Westerly recorded) along the Southerly line of said Lot 1 a distance of 1006.88 feet to a one -half
(%2) inch reinforcing rod with cap (SO 318 Indiana 20710 - 22436); thence continuing North 89
degrees 53 minutes 39 seconds East to the Easterly right -of -way line of Portage Road; thence
Southerly along the Easterly right -of -way line of said Portage Road to the West line of the East
half ( %2) of the Southwest Quarter (1/4) of Section Twenty -Two (22) Township Thirty-Eight (38)
North, Range Two (2) East; thence Southerly along said line, and also being the Corporation Line
of the City of South Bend, to the centerline of Portage Road; thence in a Northerly direction along
said centerline, and also being the Corporation Line of the City of South Bend, to a point where
the Northerly line of the South Bend Corporation Line intersects with said centerline; thence South
89 degrees 53 minutes 26 seconds West along said Corporation Line a distance of 1183.94 feet to
a one -half ('/2) inch iron stake and the West line of aforementioned quarter (1/4) section a distance
of 448.72 feet (450 feet recorded) to the place of beginning, containing 12.2 acres, more or less.
Wal -Mart Portage Annexation Area 9
L. TABLE 2
TAX RATEAFCPAIA'IICN - Gem -mTowsiip
1996PotHe 1997
CERNM ° /CF SOUIHEDD TAXWE ° /47F
FLM TDVA*Z lF TMALRATE :: ; CERMAN DQfiERENT AL TOTAL RATE
Total State Rrd
0.01
QI%
0.01
Ql "/0
Taal OartyFud
3.7256
3N%
3.72%
1901/0
TumbpFud
0.0199
00199
RborMidFud
Q026
Q026
FueFiglingFud
03178
43178
FueDzURrd
0. 12A8
41248
OmdativeFle
Ql
-0.l
TotalTaeslipRate
0.5885
5.61/0
010459
0.3%
05426
Tan h rae&oeme
Total Schod Rate
5.8594
55.9' /o
58594
34.61/o
TbWlrlitgFUe
0.7105
680/0
0.7106
42%
Total Clty/ram Ate
667(2
66X2
393%
TotalRrcloelepnent
0.0743
Q0743
0.4%
District Rate
Total AilportRaw
QC331
0.80/0
0.0831
0.51/0
Sadh&ndTMSPD
02M
02795
10/0
7024
1 e ran=t
TUrALTAXRAM
10.4772
IOQOD' /o
16.M
64814
100.001 /o
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Wal -Mart Portage
Annexation Area
Key:
i,
Annexation Area
City Limits
Prepared by the Division of
Planning & Neighborhood
J Development
1200 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
JON R. HUNT ANN E. KOLATA
EXECUTIVE DIRECTOR DEPUTY EXECUTIVE DIRECTOR
December 17, 1997
Mr. Roland Kelly, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
PHONE 219/235 -9371
Fax 219/235 -9021
TDD 219/ 235 -5567
Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA ADOPTING A WRITEN FISCAL PLAN AND ESTABLISHING A POLICY
FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE
GERMAN TOWNSHIP - WALMART/PORTAGE ANNEXATION
Dear Mr. Kelly:
I am attaching for filling, the above - referenced resolution, which is a companion to the
Ordinance currently on file to annex certain territory in German Township to the City of South
Bend. The resolution indicates the approval and adoption by the Common Council of the writen
plan and policy attached thereto concerning the provision of services, both capital and non-
capital in nature, to the territory to be annexed.
I would ask that the attached resolution be considered under the Special Business agenda
item of the agenda of the Common Council meeting at which the companion ordinance is given
public hearing, final reading and vote.
Your favorable consideration is respectfully requested.
Filed in Clerk's Office
OEC 1 7 1997
LORMAJ. DUDA
GTY CLERK, 30. BEND, IN.
CC[
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Sincerely,
X�
Larry Ma io A sistan�Or
Division f Planru g and Neighborhood Development
REDEVELOPMENT BUSINESS ASSISTANCE FINANCIAL ST PROGRAM
ANN E. KOLATA & DEVELOPMENT MANAGEMENT
219/235 -9371 DONALD E. INKS ELIZABETH LEONARD
219/235 -9335 219/235 -9335
BUREAU OF HOUSING
KATHRYN BAUMGARTNER
521 ECLIPSE PLACE
219/235 -9475
FAx:219/235 -9469
PLANNING ST NEIGHBORHOOD
DEVELOPMENT
PAMELA C. MEYER
219/235 -9660
FAx:219/235 -9697