HomeMy WebLinkAboutResolution No 42-2023 - Adopting Fiscal Plan & Policy for Airport-Moss Annexation AreaRESOLUTION NO. 42-2023
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
(AIRPORT-MOSS 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 13 of Exhibit “A” attached hereto; and
WHEREAS, the territory proposed to be annexed encompasses approximately 2.9 acres of
vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., 26.2%
contiguous, generally located at the southeast corner of old Lincolnway West and Moss Road
(23114 Lincolnway West). It is anticipated that the annexation area will be used for a car wash
and detailing facility for car rental businesses; 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 13 of Exhibit “A” attached
hereto 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, 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 III. That the Board of Public Works shall and does hereby now establish and adopt
the Fiscal Plan, attached hereto and incorporated herein 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 especially of
a decorative nature or with underground wiring will be at the developer/owner’s expense; and that
no new roads or streets will be required.
Section IV. To the extent required by the City, sidewalks should be provided by the
owner/developer along public streets and must comply 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.
October 10, 2023
Exhibit “A”
THE CITY OF SOUTH BEND
FISCAL PLAN
AIRPORT -MOSS
A NNEXATION AREA
Prepared by
City of South Bend
Department of Community Investment
September 25, 2023
Airport-Moss 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. Neighborhood Services & Enforcement
E. Environmental Services
F. Administrative Services
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA .......................10
SECTION V. FISCAL IMPACT ...............................................................................11
Fiscal Impact: TABLE 1
Legal Description ......................................................................................................13
Map: MAP 1 ....................................................................................................14
Airport-Moss 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 following City
Departments:
Legal Department
Department of Public Works
South Bend Fire Department
South Bend Police Department
Department of Community Investment
Department of Administration & Finance
SECTION II. GENERAL DATA
A. Location
The Annexation Area is located at the southeast corner of old Lincolnway West and Moss Road
(23114 Lincolnway West [old US 20]). See Map 1.
B. Legal Description
The Annexation Area is part of the East Half of the Southeast Quarter of Section 32, Township
38 North, Range 2 East, in German Township, St. Joseph County, Indiana. For a complete
legal description, see Page 13.
C. Contiguity
The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits:
Contiguous 389.86 feet 26.2%
Non-Contiguous 1,095.50 feet 73.8%
Total 1,485.36 feet 100.0%
D. Size of Annexation Area
The Annexation Area is approximately 2.9 acres.
Airport-Moss Annexation Area 4
E. Buildings & Land Use
The Annexation Area contains vacant land. A car wash and detailing facility for car rental
businesses at the airport is proposed for the land.
F. Zoning & Subdivisions
The one property in the Annexation Area is currently zoned C Commercial District in St. Joseph
County. With the annexation petition, the petitioner seeks to rezone the land to I 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 2022 payable 2023. The total tax rate for unincorporated
German Township is 2.4383 per $100 of taxable real estate. The total tax rate for South
Bend German Township is 5.2560 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.
Airport-Moss Annexation Area 5
I. Parcel Ownership & Assessments
Parcel Identification
Number Address Parcel Owner
Assessed
Value
(Total)
004-1022-038103 23114 Lincolnway West St. Joseph County
Airport Authority $8,800
Total Assessments
Land: $8,800
Improvements: $ 0
Total (Gross): $8,800
Total (Net): $ 0
Assessments are based on 2022 payable 2023 St. Joseph County property tax records.
J. 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.
Airport-Moss Annexation Area 6
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer – A 18”-diameter sanitary sewer runs along the north side of old Lincolnway West. The
pipe has available capacity, but peak flow for the site will need to be provided by the
developer for that to be confirmed.
Development of the site requires City approval of a drainage plan that meets the City’s
requirement to store all runoff from developed areas. Connection to the City storm sewer is
not permitted.
Water - The South Bend Water Works currently has a 12” water main on the south side of old
Lincolnway West.
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 – Annexation would add approximately 390 feet of old Lincolnway West and 330 feet
of Moss Road right-of-way to the city limits. A dedication or recorded access easement for
Moss Road would formalize access to the annexed property; yet, the Airport Authority may
eventually vacate both rights-of-way as the Airport property is fully developed.
Street Lighting – Old Lincolnway West has street lighting, but Moss Road does not. Should
any additional street lighting be necessary, it can be provided on wood poles with overhead
wiring through an ongoing contract with Indiana Michigan Power. If the owner 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.
2022 Actual Budget Report for the Department:
Expenditures: $29,003,569
Miles of Roadway in City: @502
Cost per Mile: @$57,776
New Mileage within Area: @0.14 miles (720 feet)
Estimated Maintenance Cost
for Annexation Area per year: @$8,089
Airport-Moss Annexation Area 7
B. Police Department
The Annexation Area would be added to the existing Beat 24. 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 of 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.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2022 Actual Budget Report for the Department:
Expenditures (including pension cost): $48,612,569
Number of Households in City (2022): @41,488
Cost per Household: @$1,172
Number of Parcels in City (2023): @47,600
Cost per Parcel: @$1,021
Proposed Number of Households in Area: 0
Proposed Number of Parcels in Area: 1
Cost for Annexation Area per year: $1,021 (1 parcel x $1,021 / parcel)
Airport-Moss Annexation Area 8
C. Fire Department & EMS
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 #4 at 220 N. Olive
Street, which is approximately 2.5 miles away. Additional Fire Department units would
respond from Fire Station #11, located at 3505 N. Bendix Drive, approximately 3.4 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 any development takes place.
Emergency Medical Response – The City will provide emergency medical response to the
Annexation Area. This area will be serviced by Medic #4, which is at Fire Station #4 at 220 N.
Olive Street (approximately 2.5 miles away) and Medic #11, which is at Fire Station #11,
located at 3505 N. Bendix Drive (approximately 3.4 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.
2022 Actual Budget Report for the Department:
Expenditures (including pension cost): $41,394,980
Number of Households in City (2022): @41,488
Cost per Household: @$998
Number of Parcels in City (2023): @47,600
Cost per Parcel: @$870
Proposed Number of Households in Area: 0
Proposed Number of Parcels in Area: 1
Cost for Annexation Area per year: $870 (1 parcel x $870 / parcel)
Airport-Moss Annexation Area 9
D. Neighborhood Services & Enforcement
The Annexation Area will be added to Area 5. The Division of Neighborhood Services &
Enforcement will be able to provide services to the Annexation Area with comparable response
times. The Division 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.
2022 Actual Budget Report for the Division:
Expenditures: $7,323,118
Number of Parcels in City (2023): @47,600
Cost per Parcel: @$154
Proposed Number of Parcels in Area: 1
Cost for Annexation Area per year: $154 (1 parcels x $154 / 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 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, 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.
Airport-Moss Annexation Area 10
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA
This proposed annexation will add one vacant property to the City of South Bend. The
petitioner proposes to use the Annexation Area for a car wash and detailing facility for car
rental businesses at the airport. The Annexation Area is presently zoned C Commercial
District in unincorporated St. Joseph County. The South Bend International Airport, zoned I
Industrial District in the City, is located to the north. To the east is a hotel zoned C
Commercial District in the County. To the south is vacant land zoned C Commercial District in
the County. To the west is a car rental facility zoned C Commercial District in the County.
According to a preliminary site plan, the petitioner proposes an 8,800-square foot building
with 20 parking spaces.
Any improvements or future changes must meet the City’s applicable building, zoning, and
subdivision ordinances.
Airport-Moss Annexation Area 11
SECTION V. FISCAL IMPACT
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 2022 payable 2023 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, are 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.
Airport-Moss Annexation Area 12
TABLE 1
Summary Table – Estimated Fiscal Impact
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 $8,089 $40,445
Police $0 $1,021 $5,105
Fire $0 $870 $4,350
Neighborhood
Services $0 $154 $770
Approximate 5-Year Expenditures $50,670
Revenues Notes Total (Est.) 5-Year Total
Property Taxes
(to City)
Year 1 $0
$0
Year 2 $0
Year 3 $0
Year 4 $0
Year 5 $0
MVH/LRSA Estimated at revenue
per mile of $30,210 $4,229 $21,145
Approximate 5-Year Revenues $21,145
While costs are calculated for the parcel included in the annexation area, this estimate likely
overstates the cost to serve it. The parcel is anticipated to be incorporated into the existing
Airport property, which is already within the city limits. Being government owned, the parcel
within the annexation area is presently tax exempt.
Airport-Moss Annexation Area 13
LEGAL DESCRIPTION
A part of the East Half of the Southeast Quarter of Section 32, Township 38 North, Range 2
East, German Township, St. Joseph County, Indiana, being more particularly described as
follows:
Beginning at the intersection of (1) the east line extended of Parcel II, as described in Deed
Record #0838215 in the office of the St. Joseph County Recorder, which is also the centerline
of the former Kensington Avenue, as shown on the recorded plat of Ira V. Carpenter’s
Subdivision as recorded in Book 16, Page C, and (2) the north right of way line of old
Lincolnway West; thence south along said east line extended and said centerline 318.90’ to
the southeast corner of said Parcel II, which is also on the west line of land described in Deed
Record 1707578; thence West 346.5 feet to the southwest corner of said Parcel II and the
centerline of Moss Road, as shown on said Ira V. Carpenter’s Subdivision, and the east line of
land described in Deed Record #104981; thence North along said centerline and said east
line and said east line extended a distance of 430.10 feet to said north right of way line of old
Lincolnway West; thence Southeast along said north right of way line a distance of 389.86
feet to the point of beginning of this description. Containing 2.93 acres, more or less.
Airport-Moss Annexation Area 14
MAP 1
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date October 2, 2023
Name Michael Divita Department DCI
BPW Date October 10, 2023 Phone Extension 5843
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name
Dept. Attorney Attorney Name Tom Panowicz
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description Adoption of a Fiscal Plan for the Airport-Moss Annexation Area
_______________________________________________________________
______________________________________________________________
For Change Orders Only
Amount of
Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date: