HomeMy WebLinkAboutResolution No. 23-2024 - Adopting a Fiscal Plan Cleveland Poppy AnnexationRESOLUTION NO. 23-2024
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 WARREN TOWNSHIP
(CLEVELAND POPPY 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 Warren 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 21.8 acres
of land, which property is at least 12.5% contiguous to the current City limits, i.e., 16.8%
contiguous, generally located at the northeast corner of Poppy Road and Cleveland Road (25471,
25481, and 25491 Cleveland Road). It is anticipated that the annexation area will be used for
office, warehouse, and storage development; 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 public 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.
Adopted the 22nd day of October, 2024.
BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA
Elizabeth A. Maradik, President
Joseph R. Molnar, Vice President
Gary A. Gilot, Member
Murray L. Miller, Member
October 22, 2024
Exhibit “A”
THE CITY OF SOUTH BEND
FISCAL PLAN
CLEVELAND POPPY
A NNEXATION AREA
Prepared by
City of South Bend
Department of Community Investment
September 30, 2024
Cleveland Poppy 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
Cleveland Poppy Annexation Area
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SECTION I. INTRODUCTION
This Fiscal Plan represents the City of South Bend’s (hereinafter, “City”) policy for the
annexation of property in Warren 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 northeast corner of Poppy Road and Cleveland Road
(25471, 25481, and 25491 Cleveland Road). See Map 1.
B. Legal Description
The Annexation Area is part of the South Half of Section 24 and the North Half of Section 25,
both in Township 38 North, Range 1 East, Warren 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 706.79 feet 16.8%
Non-Contiguous 3,500.71 feet 83.2%
Total 4,207.50 feet 100.0%
D. Size of Annexation Area
The Annexation Area is approximately 21.8 acres.
Cleveland Poppy Annexation Area
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E. Buildings & Land Use
The Annexation Area contains a house, garage, barn, and farm field. A development of office
space, a warehouse/workshop, and construction equipment storage is proposed for the land.
F. Zoning & Subdivisions
The property in the Annexation Area is currently zoned R Single Family 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 2023 payable 2024. The total tax rate for unincorporated
Warren Township is 2.7780 per $100 of taxable real estate. The total tax rate for South Bend
Warren Township is 5.3430 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.
Cleveland Poppy Annexation Area
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I. Parcel Ownership & Assessments
Parcel Identification
Number Address Parcel Owner
Assessed
Value
(Total)
021-1036-059003 25471 Cleveland Rd Sims Leo A & Pasqua
Dipinto HW $159,100
021-1036-0590 25491 Cleveland Rd
Sims Leo A & Pasqua
Dipinto & Hoffman
Rosemary & Montgomery
Mary Ann & Rhymer
Johanna & Ferency Teresa
JT w/ROS
$13,900
021-1036-059006 25481 Cleveland Rd Sims John Joseph $4,700
021-1036-059005 25471 Cleveland Rd Sims Pasqua $3,800
Total Assessments
Land: $71,800
Improvements: $109,700
Total (Gross): $181,500
Total (Net): $181,500
Assessments are based on 2024 payable 2025 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 Warren Township Trustee has been notified of this proposed
annexation.
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SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer – The nearest sanitary sewer is an 8” diameter pipe parallel to Cleveland Road and
south of the pavement. The depth of the sewer is unknown and must be field-verified. It is the
developer’s financial responsibility to make the connection to a public sewer.
Development of the site requires development of a Drainage Plan. No public storm sewer is
available to the site. Retention basins and low impact means to promote infiltration of
surface water will be required. The developer will also be required to generate an erosion
control plan and obtain a permit.
Water - There is a 16” water main under the pavement on Old Cleveland Road. It is the
developer’s financial responsibility to make the connection to public water.
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 – This annexation would add about 700 feet of Old Cleveland Road to the City. A City
permit will be needed for driveway access to the property. The lot lines of the proposed
annexation area extend into Old Cleveland Road. A lot line adjustment on these lots is
recommended to provide a consistent forty-foot public right-of-way. There is no sidewalk in this
area, and the developer may be required to build public sidewalk as part of the development
process.
Street Lighting –There is no street lighting on Old Cleveland Road. No additional street
lighting is necessary for this annexation area. Should any additional street lighting be desired,
it can be provided on wood poles with overhead wiring through an ongoing contract with
Indiana Michigan Power.
Waivers of Annexation – No waivers of right to remonstrate against annexation are in effect
for this area.
2023 Actual Budget Report for the Department:
Expenditures: $36,313,657
Miles of Roadway in City: @502
Cost per Mile: @$72,338
New Mileage within Area: @0.14 miles (727 feet)
Estimated Maintenance Cost
for Annexation Area per year: @$10,127
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B. Police Department
The Annexation Area would be added to the existing Beat 22. 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.
2023 Actual Budget Report for the Department:
Expenditures (including pension cost): $54,441,986
Number of Households in City (2022): @41,488
Cost per Household: @$1,312
Number of Parcels in City (2024): @47,400
Cost per Parcel: @$1,149
Proposed Number of Households in Area: 0
Proposed Number of Parcels in Area: 4
Cost for Annexation Area per year: $4,596 (4 parcels x $1,149 / parcel)
Cleveland Poppy Annexation Area
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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 #11 at 3505 N.
Bendix Drive, which is approximately 3.9 miles away. Additional Fire Department units would
respond from Fire Station #6, located at 4302 W. Western Avenue, approximately 6.2 miles
away.
Response times will be slower than best practice response times as designated by NFPA
1710. These standards note that a first engine should arrive within 4 minutes and a second
engine within 6 minutes at a fire suppression incident. The response time to the annexation
area will be comparable to other areas on the edge of the City, where it typically takes the first
engine 6-7 minutes to arrive and the second engine 10 minutes.
Otherwise, the South Bend Fire Department does not foresee any unusual fire protection
problems related to this annexation. 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 #11, which is at Fire Station #11 at
3505 N. Bendix Drive (approximately 3.9 miles away) and Medic #6, which is at Fire Station
#6 at 4302 W. Western Avenue (approximately 6.2 miles away).
Response times will be comparable to other areas on the edge 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.
2023 Actual Budget Report for the Department:
Expenditures (including pension cost): $44,998,334
Number of Households in City (2022): @41,488
Cost per Household: @$1,085
Number of Parcels in City (2024): @47,400
Cost per Parcel: @$949
Proposed Number of Households in Area: 0
Proposed Number of Parcels in Area: 4
Cost for Annexation Area per year: $3,796 (4 parcels x $949 / parcel)
Cleveland Poppy Annexation Area
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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.
2023 Actual Budget Report for the Division:
Expenditures: $7,732,302
Number of Parcels in City (2024): @47,400
Cost per Parcel: @$163
Proposed Number of Parcels in Area: 4
Cost for Annexation Area per year: $652 (4 parcels x $163 / 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.
Cleveland Poppy Annexation Area
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SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA
This proposed annexation will bring four properties into the City of South Bend. The petitioner
proposes to utilize the land for office and warehouse/storage space. The Annexation Area is
presently zoned R Single Family District in unincorporated St. Joseph County and the
petitioner is proposing a rezoning to I Industrial in the City. A warehouse, zoned I Industrial in
the City, is located to the north. To the east is a 100' strip of mature vegetation zoned R
Single Family Residential in St. Joseph County and, further east, a vacant lot and
manufacturing plant zoned I Industrial in St. Joseph County. To the south, across Old
Cleveland Road, are residential units zoned R Single Family Residential in St. Joseph County.
To the west is a residential neighborhood zoned R Single Family Residential in St. Joseph
County.
According to a preliminary site plan, the petitioner proposes to retain the existing barn and
construct an 8,000 square foot office, 15,000 square foot warehouse, and an outdoor
storage area.
Any improvements or future changes must meet the City’s applicable building, zoning, and
subdivision ordinances.
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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 2023 payable 2024 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.
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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 $10,127 $50,636
Police $0 $4,596 $22,980
Fire $0 $3,796 $18,980
Neighborhood
Services $0 $652 $3,260
Approximate 5-Year Expenditures $95,856
Revenues Notes Total (Est.) 5-Year Total
Property Taxes
(to City)
Year 1 $5,430
$185,430
Year 2 $45,000
Year 3 $45,000
Year 4 $45,000
Year 5 $45,000
MVH/LRSA Estimated at revenue
per mile of $33,234 $4,229 $21,145
Approximate 5-Year Revenues $206,575
Revenue estimate based on $181,500 net assessment and capped tax rate of 3% of
$181,500 gross assessment in Year 1 and $1,500,000 net assessment and capped tax rate
of 3% of $1,500,000 gross assessment for all years following.
Cleveland Poppy Annexation Area
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LEGAL DESCRIPTION
That part of the South Half of Section 24 and the North Half of Section 25, both in Township
38 North, Range 1 East, Warren Township, St. Joseph County, Indiana, which is more
particularly described as:
Northwest corner of a parcel of ground described in deed document number 9349703 in the
records of the St. Joseph County, Indiana Recorder’s Office; thence east (all bearings
assumed) along the north line of said parcel and the existing City of South Bend municipal
corporate limit line, a distance of 706.79 feet more or less to the northeast corner of a parcel
of ground described in said deed document; thence south along the east line of said parcel
and its southerly extension, a distance of 1356.5 feet more or less to a point on the south
right-of-way line of Cleveland Road; thence west along said south line, a distance of 727.2
feet more or less to the intersection of the south line of said Cleveland Road with the west
right-of-way line of Poppy Road; thence north, a distance of 80 feet more or less to the north
right-of-way line of said Cleveland Road; thence east along said north line, a distance of 40
feet more or less, to a point on the west line of said parcel; thence north along the west line of
said parcel, a distance of 1297 feet more or less to the point of beginning. Containing 21.83
acres more or less.
Subject to all legal highways, easements and restrictions of record.
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MAP 1
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date October 3, 2024
Name Skip Morrell Department DCI
BPW Date October 22, 2024 Phone Extension 7625
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 Cleveland Poppy 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: