HomeMy WebLinkAboutResolution No 44-2018 - Ceres Annexation AreaRESOLUTION NO. 44-2018
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 PORTAGE TOWNSHIP
(CERES 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 Portage 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 254.6 acres
of land containing agricultural land, which property is at least 12.5% contiguous to the current City
limits, i.e., 27.6% contiguous, generally located at the west end of Calvert Street, west of
Renewable Road. It is anticipated that the annexation area will be used for agricultural 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 I. 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 costs for
extensions, any improvements in sewer or water capacity, and a City -approved drainage system to
be paid for by the developer, all in compliance with state and local law; that no additional street
lighting will be necessary and any future lighting will be at the developer/owner's expense; 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) under the PROWAG standards.
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, and that the soil types
and high water table of this annexation area be considered in any future development plan.
Adopted the day of -Jvitz�- X, 2018.
BOARD OF PUBLIC WORKS
OFTHE CITY OF SOUTH BEND, INDIANA
Gary A. Gilot, President
Suzanna Fritzberg, Member
James A. Mueller, Member
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Attest:
- '— CL i 4n a
Exhibit "A"
THE CITY OF SOUTH BEND
FISCAL PLAN
CERES
Prepared by
City of South Bend
Department of Community Investment
September 10, 2018
Ceres Annexation Area
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
L
Parcel Ownership & Assessments
1
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.
[AND USE ANALYSIS & DEVELOPMENT CRITERIA .......................11
SECTION V.
FISCAL IMPACT.— ...........................................................................
12
Fiscal
Impact: TABLE 1
SECTION VI.
APPROVAL.......................................................................................14
LegalDescription ......................................................................................................15
Map: MAP 1
....................................................................................................16
2
Ceres Annexation Area
SECTION 1. INTRODUCTION
3
This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the
annexation of property in Portage 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 near the west end of Calvert Street, west of Renewable road
(formerly New Energy Drive) and is northwest of the St. Joseph Valley Parkway (US 31) -
Prairie Avenue (SR 23) interchange. See Map 1.
B. Legal Description
The Annexation Area is part of the Southwest Quarter of Section 16 and the North Half of
Section 21, Township 37 North, Range 2 East, in Portage 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 3,998 feet 27.6%
Non -Contiguous 10,475 feet 72.4%
Total 14,473 feet 100.0%
D. Size of Annexation Area
The Annexation Area is approximately 254.6 acres.
Ceres Annexation Area 4
E. Buildings & Land Use
The Annexation Area contains agricultural land. Agricultural uses, along with others permitted
in the zoning district, are proposed for the land.
F. Zoning & Subdivisions
The three properties in the Annexation Area are currently zoned "A" Agricultural District in St.
Joseph County. With the annexation petition, the petitioner seeks to rezone the land to "Gl"
General 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 & lmpact
The tax rates used are those of 2017 payable 2018. The total tax rate for unincorporated
Portage Township is 2,7846 per $100 of taxable real estate. The total tax rate for South Bend
Portage Township is 5.985 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
annexation, and on taxpayers not part of this annexation.
Ceres Annexation Area
I. Parcel Ownership & Assessments
5
Parcel
Identification
Number
Address
Parcel Owner
Assessed
Value
(Total)
17-1007-0223
None
Ceres Farms LLC
$117,300
17-1012-0307
None
Ceres Farms LLC
$242,400
17-1012-030901
None
Ceres Farms LLC
$ 91,500
Total Assessments
Land: $451,200
Improvements: $ 0
Total (Gross): $451,200
Total (Net): $451,200
Assessments are based on 2018 payable 2019 St. Joseph County property tax records.
The Annexation Area includes only portions of parcels 17-1007-0223 and 17-1012-0307.
The estimated assessed value of the portions proposed for annexation are $113,800 and
$150,000, respectively.
Municipal legislative District
The Annexation Area will be in the 6th District.
K. Hiring Plan
This annexation is not anticipated to result in the elimination of jobs for employees of any
other governmental entities. The Portage Township Trustee has been notified of this proposed
annexation.
Ceres Annexation Area 6
SECTION III. MUNICIPAL, SERVICES
A. Public Works
Sewer -A 24"-diameter sanitary sewer runs along the south side of Calvert Street. Six-inch
laterals project from each manhole. The sewers would provide sufficient capacity, unless
future users discharge a high volume of liquid waste. The sewer discharges to a lift station on
Calvert Street, just east of Renewable Road. The lift station is nearing capacity for the existing
flows.
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.
Water - The South Bend Water Works currently has a 10" water main on the south side of
Calvert Street that ends about 700 feet east of the Annexation Area. This water main would
provide sufficient capacity for the Annexation Area. Another 10" water main that could
provide service to the area is located along Renewable Road.
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 may be subject to system development charges for both water and sewer services.
Streets -- No new public streets are proposed with this annexation. Calvert Street runs along
part of the north boundary of the Annexation Area. The annexation would add a portion of the
St. Joseph Valley Parkway (US 20/31 Bypass) to the city limits, but that highway will continue
to be maintained bythe Indiana Department of Transportation following annexation. Should
the land ever be subdivided, at least one other access should be provided as an alternate to
Calvert Street. Any new street crossings of the area's regulated ditches would be subject to
the approval of the St. Joseph County Drainage Board.
Street Lighting -Should any street lighting be necessary, it can be provided on wood poles
with overhead wiring 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.
If subdividing the land requires new streets, lighting, sewers, and water mains, the design and
construction of those facilities would be the responsibility of the developer and must be
completed per current City standards.
The area's soils and high water table may not be suitable for all types of development, and
they would have to be considered in any plan for development.
Ceres Annexation Area
2017 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:
$15, 907, 094
@502
@$31,687
@0.00 miles (0 feet)
@$0
7
Ceres Annexation Area 8
B. Police Department
The Annexation Area would be added to the existing Beat 25. Police patrols 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.
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
found in all other areas of the City. Police coverage to this area could begin immediately upon
annexation.
!Vote: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2017 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:
$40,727,982
@39,760
@$1,024
@48,000
@$848
0
3
$2,544 (3 parcels x $848 / parcel)
Ceres Annexation Area
C. Fire Department & EMS
E
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 #5, located at
2221 Prairie Avenue, approximately 1.8 miles away. Additional Fire Department units would
respond from Fire Station #4 at 220 N. Olive Street, which is approximately 2.9 miles away,
and from Fire Station #1 at 1222 S. Michigan Street, which is approximately 3.3 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 if any development takes place.
Emergency Medical Response - The City will provide emergency medical response to the
Annexation Area. This area will be serviced by Medics #4 and #5, which are at Fire Station
#4, located at 220 N. Olive Street (approximately 2.9 miles away), and Medic #2, which is at
Fire Station #1, 1222 S. Michigan Street (approximately 3.3 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.
2017 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:
$36,856,829
@39,760
@$927
@48,000
@$768
0
3
$2,304 (3 parcels x $768 / parcel)
Ceres Annexation Area
D. Code Enforcement
10
The Annexation Area will be added to Area 6. 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.
2017 Actual Budget Report for the Department:
Expenditures:
Number of Parcels in City (2017):
Cost per Parcel:
Proposed Number of Parcels in Area:
Cost for Annexation Area per year:
E. Environmental Services
$5,971,063
@48,000
@$124
3
$372 (3 parcels x $124 / parcel)
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 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.
Ceres Annexation Area
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA
11
This proposed annexation will add three properties containing cropland to the City of South
Bend. The petitioner proposes to use the Annexation Area for agricultural and other permitted
uses. The Annexation Area is presently zoned "A" Agricultural District in unincorporated St.
Joseph County. Industrial uses and agricultural land zoned "GI" General Industrial District in
the City and "A" Agricultural District in the County are located to the north. To the east is
agricultural land zoned "GI" General Industrial District in the City and "A" Agricultural District in
the County. To the south is a property zoned "C" Commercial District in the County and, on
the other side of the St. Joseph Valley Parkway, agricultural parcels zoned "A" Agricultural
District in the County. To the west is agricultural land zoned "A" Agricultural District in the
County.
The Annexation Area is located just northwest of the Prairie Avenue (SR 23) interchange with
the St. Joseph Valley Parkway. With its size and proximity to the St. Joseph Valley Parkway,
the land may be attractive for continued agricultural use or for large industrial users.
Any improvements or future changes must meet the City`s applicable building, zoning, and
subdivision ordinances.
Ceres 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) Propertytax revenue and land assessment estimates are based on a combination of 2017
payable 2018 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 Ili, 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.
Ceres Annexation Area
TABLE 1
Summary Table - Estimated Fiscal Impact
13
Expenditures
Capital
(Est.)
Non -Capital
Per Year (Est.)
Notes
5-Year 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
$2,544
$12,720
Fire
$0
$2,304
$11,520
Code
$0
$372
$1,860
Approximate 5-Year Expenditures
$26,100
Revenues
Notes
Total (Est.)
5-Year Total
Property Taxes
(to City)
Year 1
$5,272
$26,360
Year 2
$5,272
Year 3
$5,272
Year 4
$5,272
Year 5
$5,272
MVH/LRSA
Estimated at revenue
per mile of $23,763
$0
$0
Approximate 5-Year Revenues
$26,360
Revenue estimate based on $355,300 net assessment and capped tax rate of 2% of
$355,300 gross assessment in all years.
Ceres Annexation Area
SECTION Vi. APPROVAL
Approves[ by the City of South Bend Common Council this day of
2018.
14
Ceres Annexation Area 15
LEGAL DESCRIPTION
Part of the Southwest Quarter of Section 16 and the North Half of Section 21, Township 37
North, Range 2 East, Portage Township, St. Joseph County, Indiana, being more particularly
described as follows:
Commencing at the Northwest Corner of the South Half of the Southwest Quarter of Said
Section 16; thence East along the North Line of the South Half of the Southwest Quarter of
Said Section, to the West Right -of -Way Line of the Indiana, Illinois and Iowa Railroad Company
(New York Central Lines), being the Point of Beginning; thence continuing East along the North
Line of the South Half of the Southwest Quarter of Section 16, 2,140 feet more or less to the
North/South Centerline of Section 16 and the existing South Bend City Limit line; thence
South 1,318 feet more or less along Said North/South Centerline and the South Bend City
Limit line to the South Line of Section 16, being also the South Bend City Limit line; thence
East along the North Line of the Northeast Quarter of Section 21, 1,320 feet more or less to
the Northeast Corner of the West Half of the Northeast Quarter of Section 21; thence South
along the East Line of the West Half of the Northeast Quarter of Section 21, 2,366 feet more
or less to the North Line of Lot 1 of the Great Lakes Minor Subdivision, recorded January 27,
1999 as instrument number 9903194 in the office of the St. Joseph County Recorder; thence
West along Said North Line of Lot 1 to the Northerly Right -of -Way Line of US 31; thence
Southeasterly along Said Right -of -Way to the East/West Centerline of Section 21; thence West
along Said East/West Centerline to the Southerly Right -of -Way of Said US 31; thence
Northwesterly along Said Right -of -Way to the West Line of Said Section 21; thence North along
Said West Line to the North Line of Said Section 21 and the South Line of Section 16; thence
continuing North along the West Line of Section 16 to the Northwest Right -of -Way Line of the
Indiana, Illinois and Iowa Railroad Company; thence Northeast along Said Railroad Right -of -
Way to the place of beginning. Containing 254.62 acres, more or less, including railroad and
US 31 Rights -of -Way.
Ceres Annexation Area
A&
NORTH
u,'
Ceres Annexation Area
0 250500 1,000 1.500
City of South BendEM
Ceres Annexation Area
Feet
Prepared by City of South Bend Department of Community Investment August 10, 2018
16
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date September 13, 2018,
Name Michael Divita7PV Department DCl
BPVV Date September 25, 2018 Phone Extension 5843—'__
eq�qired' Prior t6�f
"Su7ii
R t
t.. . ..... . ...
Legal Attorney Name Aladean DeRose
Controller review is required for all Contracts $5,000.00 or more
Controller F-1 and greater than one year in length per the City Purchasing
Policy
0 A I �80 01
LJ Agreement
[J Professional Services
F-1 Bid Opening
Quote Opening
Chg Order No.
Ease,, /E n croach.
Other:
Company or Vendor Name
New Vendor
I
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
LJ Contract H Proposal H Addendum
F-1 Amendment
F1 Bid Award Req. to Advertise ❑ Title Sheet
❑ Quote Award
C/O & PCA No. ❑ PCA
El Traffic Control Resolution
❑ Claim
El Yes If Yes, Approved by Purchasing
F] No
❑ Mli B E Completed E-Verify Form Attached E] Yes
❑BE El No
Terms of Contract
Purpose/Description Adoption ofa'Fiscal Plan for the Ceres Annexation Area
Amount of H Increase
EJ Decrease
Previous Amount $
Current Percent of Change:
New Amount $
Total Percent of Change;
Time, Extension-
Copy
Original
❑
E]
F]
01