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HomeMy WebLinkAboutResolution No 51-2017 - Baney Area AnnexationRESOLUTION NO. 51-2017 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 GERMAN TOWNSHIP (BANEY 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 German 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 9.65 acres of land containing a single-family house, which property is at least 12.5% contiguous to the current City limits, i.e., 100.0% contiguous, generally located on the north side of Cleveland Road (Nimtz Parkway) west of the St. Joseph Valley Parkway (24605 Cleveland Road). It is anticipated that the annexation area will be used for light industrial uses; and WHEREAS, the 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 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 snow removal, and sewage collection, 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 equivalent 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, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within 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; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 15 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section 11. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as 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 services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, 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. Section 111. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with the developer to pay the costs for lateral extensions and any improvements in sewer or water capacity as well as a City -approved drainage system, all in compliance with state and local law; that no additional street lighting will be necessary; that no new roads or streets will be required; Section IV. Site planning should employ Complete Streets principles; and sidewalks should be provided along public streets and be in compliance with the Americans with Disabilities Act (ADA). Section V. It is required as a condition of annexation that any future alterations to the property meet the City of South Bend's building and zoning requirements. Adopted the day of dyr&� � ., 2017. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA .lames A. Mueller, Member jall" — Elizabeth A. Maradik, Member Therese J. 6ora ",ember Attest: Li da Martin, Clerk Baney 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 & Land Use F. Zoning & Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership & Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES....................................................................6 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA .......................11 SECTION V. FISCAL IMPACT...............................................................................12 Fiscal Impact: TABLE 1 SECTION VI. APPROVAL.......................................................................................14 LegalDescription......................................................................................................15 Map: MAP 1 ....................................................................................................16 Baney Annexation Area 3 SECTION I. INTRODUCTION 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 Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located on Cleveland Road (Nimtz Parkway) west of the St. Joseph Valley Parkway (24605 Cleveland Road). See Map 1. B. Legal Description The Annexation Area is part of the Southeast Quarter of the Southwest Quarter of Section 19, Township 38 North, Range 2 East, in German Township, St. Joseph County, Indiana. For a complete legal description, see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 3,213.0 feet 100.0% Non -Contiguous 0.0 feet 0.0% Total 3,213.0 feet 100.0% D. Size of Annexation Area The Annexation Area is approximately 9.65 acres in area. Ba ney Annexation Area 4 E. Buildings & Land Use The Annexation Area contains one single-family house on a wooded lot. Light industrial uses, such as manufacturing, assembly, distribution, and warehousing, are proposed for the land. F. Zoning & Subdivisions The one property in the Annexation Area is currently zoned "A" Agricultural District in St. Joseph County. With the annexation petition, the petitioner seeks to rezone the land to "LI" Light Industrial District in,the City. The Annexation Area does not fall within any subdivision of record. G. Population No people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate & Impact The tax rates used are those of 2016 payable 2017, The total tax rate for unincorporated German Township is 2.6362 per $100 of taxable real estate. The total tax rate for South Bend German Township is 5.9486 per $100 of taxable real estate. Per State law, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Cap Homestead Residential 1.0% Non -Homestead Residential 2.0% Agricultural 2.0% Other (Commercial) 3.0% For at least the four years after the effective date of the annexation, the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdivisions, this annexation is expected, for at least four years after the effective date of this annexation, to have a negligible impact on the finances and tax revenues of South Bend and other political subdivisions to which the proposed annexation applies, on the political subdivisions in St. Joseph County not part of this Baney Annexation Area 5 annexation, and on taxpayers not part of this annexation. Parcel Ownership & Assessments Parcel Assessed Identification Address Parcel Owner Value Number (Total) 04-1011-018901 24605 Cleveland Road [The Estate of] Norma J. $101,400 Baney Total Assessments Land: $ 20,100 Improvements: $ 81,300 Tota I (G ross): $101,400 Total (Net): $ 25,300 Assessments are based on 2017 payable 2018 St. Joseph County property tax records. Municipal Legislative District The Annexation Area will be in the 1st District. K. Hiring Plan This annexation is not anticipated to result in the elimination of jobs for employees of any other governmental entities. The German Township Trustee has been notified of this proposed annexation. Baney Annexation Area SECTION III. MUNICIPAL SERVICES A. Public Works rZ Sewer - A 36"-diameter sanitary sewer main runs along the eastbound lanes of Cleveland Road (Nimtz Parkway) adjacent to the southern end of the Annexation Area. At the north end of the Annexation Area, a 15" main is located near the centerline of Eagle Way. That main and any stub for future connection were constructed as part of the 2004 Olive Road Commerce Park Project. Extension to the Annexation Area would require an Indiana Department of Environmental Management permit. Any future sewer main extension should also anticipate connection for the parcel to the east of the Annexation Area. Development of the site requires City approval of a drainage plan that meets the City's requirement to store on site all runoff from developed areas. Connection to the City storm sewer is not permitted. Wafer- The South Bend Water Works currently has a 12" water main that runs on the south side of Cleveland Road (Nimtz Parkway). This water main would provide sufficient capacity for the Annexation Area. Also, a 10" water main is located near the centerline of Eagle Way. Extensions of, or taps into sanitary sewer and water lines shall be governed by state law and the rules and regulations of the South Bend Water Works and Sewer Utility. The Annexation Area will be subject to system development charges for both water and sewer services. Street Lighting -- Street lighting is provided along Cleveland Road (Nimtz Parkway) at the southern edge of the Annexation Area. Should any additional lighting be necessary, street lighting on wood poles with overhead wiring can be provided through an ongoing contract with Indiana Michigan Power. If the developer wishes to construct and dedicate additional street lighting, especially of a decorative nature or with underground wiring, the City may accept it for maintenance and operation, supported by property tax revenue. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. Streets - No new public streets are proposed with this annexation. The portion of Cleveland Road (Nimtz Parkway) adjacent to the Annexation Area is already within the city limits. If any changes are made to property access, including the driveway on Cleveland Road (Nimtz Parkway), a City Curb Cut Application will be required. The petitioner may be responsible for installing sidewalks along the north side of Cleveland Road (Nimtz Parkway) adjacent to the annexation parcel as it develops. Baney Annexation Area 2016 Actual Budget Report for the Department: Expenditures: Miles of Roadway in City: Cost per Mile: New Mileage within Area: Estimated Maintenance Cost for Annexation Area per year: $13,682,549 @502 @$27,256 @0.00 miles (0 feet) @$0 7 Baney Annexation Area 8 B. Police Department The Annexation Area would be added to the 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 on 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 existing beat patrol. The addition of this Annexation Area will not significantly increase response time within the beat. The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2016 Actual Budget Report for the Department: Expenditures (including pension cost): Number of Households in City (2010): Cost per Household: Number of Parcels in City (2017): Cost per Parcel: Proposed Number of Households in Area Proposed Number of Parcels in Area: Cost for Annexation Area per year: $38,121,438 @39,760 @$959 @48,000 @$794 0 1 $794 (1 parcel x $794/ parcel) Baney Annexation Area C. Fire Department & EMS I Fire Response -The South Bend Fire Department provides a fully staffed, full-time fire department. The Annexation Area will be serviced primarily by Fire Station #11, located at 3505 N. Bendix Drive, approximately 3.2 miles away. Additional Fire Department units would respond from Fire Station #7 at 1616 Portage Avenue, which is approximately 5.4 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. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary as development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medic #11, which is at Fire Station #11, located at 3505 N. Bendix Drive (approximately 3.2 miles away), and Medic #4, which is at Fire Station #4, located at 220 N. Olive Street (approximately 5.7 miles away). 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. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2016 Actual Budget Report for the Department: Expenditures (including pension cost): $34,455,772 Number of Households in City (2010): @39,760 Cost per Household: @$867 Number of Parcels in City (2017): @48,000 Cost per Parcel: @$718 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: $718 (1 parcel x $718/ parcel) D. Code Enforcement 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. Saney Annexation Area 10 2016 Actual Budget Report for the Department: Expenditures $3,722,813 Number of Parcels in City (2017): @48,000 Cost per Parcel: @$78 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: $78 (1 parcel x $78 / parcel) E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees and are paid through the Water Works billing system. Solid Waste - Larger scale commercial or industrial customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste can provide service to small commercial customers at $16.22 per month, or the prevailing rate at that time, for a 96-gallon container with service beginning on the effective date of the annexation. 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 Venues Parks & Arts. 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 affect the provision of other services currently provided to this property on a countywide 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 among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Baney Annexation Area 11 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add one single-family house on a wooded lot to the City of South Bend. The petitioner proposes to develop the parcel for light industrial uses. The Annexation Area is presently zoned "A" Agricultural District in unincorporated St. Joseph County. A light industrial use zoned "LI" Light Industrial District in the City is located to the north. To the east and to the south are wooded parcels zoned "LI" Light Industrial District in the City. To the west are light industrial uses zoned "LI" Light Industrial District in the City. The Annexation Area is located on Cleveland Road/Nimtz Parkway west of the St. Joseph Valley Parkway, an area designated for light industrial uses on the future land use map of City Plan, South Bend's comprehensive plan. Generally, a combination of light industrial uses and undeveloped wooded and agricultural land is found in the surrounding area. The site has excellent access to the St. Joseph Valley Parkway and the Indiana Toll Road. The petitioner proposes to redevelop the site for light industrial uses, possibly including uses such as manufacturing, assembly, distribution, and warehousing. The preliminary site plan does not provide a proposed layout but notes that the project shall meet the City's development standards. As part of its site planning, the petitioner should consider physical connections to adjoining parcels as appropriate. To the extent possible, mature trees and other natural features of the Annexation Area should be preserved, especially alongthe project's perimeter. The site design should orient buildings to public streets. The site should be laid out to minimize conflicts among vehicles and pedestrians, both on site and at access points from public streets. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Baney Annexation Area SECTION V. FISCAL IMPACT 12 1) Essential city 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 parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City, if any, will be completed within the time frames provided 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 of 2016 payable 2017 tax information, assessments of comparable developments, 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, and property tax revenues may be subject to tax caps. 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 may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Baney Annexation Area 13 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital (Est.) Non -Capital Per Year (Est.) Notes 5-Yea r Total Street Construction $0 $0 Sewer Extension $0 Connection at petitioner's expense $0 Water Extension $0 Connection at petitioner's expense $0 Street Lights $0 $0 Street Maintenance $0 $0 $0 Police $0 $794 $3,970 Fire $0 $7.18 $3,590 Code $0 $78 $390 Approximate 5-Year Expenditures $7,950 Revenues Notes Total (Est.) 5-Year Total Property Taxes (to City) Year 1 $685 $89,955 Year 2 $535 Year 3 $535 Year 4 $44,100 Year 5 $44,100 MVH/LRSA Estimated at revenue per mile of $22,520 $0 $0 Approximate 5-Year Revenues $89,955 Revenue estimate based on $25,500 net assessment and capped tax rate of 1% of $101,600 gross assessment in Year 1; $20,300 net assessment and capped tax rate of 3% of $20,300 gross assessment in Years 2 and 3; and $2,100,000 net assessment and capped tax rate of 3% of $2,100,000 gross assessment, first taxable in Year 4. Baney Annexation Area 14 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2017. Baney Annexation Area 15 LEGAL DESCRIPTION The West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section Nineteen (19), Township Thirty -Eight (38) North, Range Two (2) East, containingten (10) acres, more or less, excepting therefrom the south 40.00 feet measured at right angles, of the West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter (SW 1/a) of Section 19; thence North 89°51'49" West along said South Line of the Southwest Quarter (SW 1/a) a distance of 331.51 feet; thence North 00°24'05" West, 40.00 feet to the North Right of Way Line of Cleveland Road, and to the point of beginning of this description; thence North 89°51'49" West, being 40 feet North of and parallel with the South Line of the Southwest Quarter of said Section 19, a distance of 328.86 feet, to the East Line of the recorded plat of "Wells Electronics Minor" as known and recorded in the Office of the Recorder of St. Joseph County in Instrument Number 9540132; thence North 00 ° 25'16" West, along said East Line and also along the East Line of Lot 1 in the recorded plat of "Fawn Development Minor Subdivision" as known and recorded in the Office of the Recorder of St. Joseph County in Instrument Number 9749756, a distance of 1276.63 feet to the South Line of Lot 2 in the recorded plat of "Olive Road Commerce Park Ameriplex Minor Subdivision" as known and recorded in the Office of the Recorder of St. Joseph County in Instrument Number 0157246; thence North 89651'00" East, along said South Line and also along the South Line of Lot AAA in the recorded plat of "Olive Road Commerce Park -Second Replat", as known and recorded in the Office of St. Joseph County in Instrument Number 0035547, a distance of 329.28 feet, to the West Line of a parcel of land owned by "31 Nimtz Land, LLU and recorded in the Office of the Recorder of St. Joseph County in Instrument Number 1704026, and as shown on Instrument Number 1611106 -A Recorded Survey; thence South 00024'05" East, along said West Line, a distance of 1278.27 feet to the aforementioned point of beginning. Above description containing 9.65 acres of land more or less, and is subject to all easements, restrictions, and public rights of way of record. Baney Annexation Area 16 MAP 1 Baney Annexation Area 0 250 500 1,000 City oFSouth Bend BaneyAnnexationArea Feet Prepared by City nfSouthBend Department ofCommunity Investment September21,2017 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date November 3, 2017 Name Michael Divita`0_ Department DCI BPW Date November 14, 2017 Phone Extension 5843 Legal Attorney Name Aladean DeRose .. ... ,: . � Y Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ LJ Agreement ❑ Professional Services ❑ Bid Opening ❑ Quote Opening ❑ Change Order No. ❑ Ease/Encroach. ❑ Other: L_J Contract ® Resolution ❑ Bid Award ❑ Quote Award ❑ C/O &PCANo. ❑ Traffic Control Proposal ❑ Req. to Advertise ❑ PCA Addendum ❑ Title Sheet Company or Vendor Name New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing MBEIWBE Contractor ❑ MBE ❑ WBE MBEIWBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Project Number Funding Source Account No. Amount $ Terms of Contract Purpose/Description Adoption of a Fiscal Plan for the Baney Annexation Area ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non Discrimination, .Non -Debarment, E Verif MEEIran, etc. Amount of increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % Investment