HomeMy WebLinkAboutResolution No. 28-2024 - Adopting a Fiscal Plan Lafayette Falls Extension AnnexationRESOLUTION NO. 28-2024
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 CENTRE TOWNSHIP
(LAFAYETTE FALLS EXTENSION 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 Centre 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 44.6 acres
of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., 59.2%
contiguous, generally located south of Lafayette Falls Phase I Annexation Area and west of S U.S.-
31 Highway. It is anticipated that the annexation area will be used primarily for single unit
dwellings; 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 10th day of December, 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 December 10, 2024
Exhibit “A”
THE CITY OF SOUTH BEND
FISCAL PLAN
LAFAYETTE FALLS
EXTENSION ANNEXATION
AREA
Prepared by
City of South Bend
Department of Community Investment
November 25, 2024
Lafayette Falls Extension 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
Lafayette Falls Extension 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 Centre 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 south of Lafayette Falls Phase I Annexation Area and west of S
U.S.-31 Highway. See Map 1.
B. Legal Description
The Annexation Area is part of the South Half of Section 2, Township 36 North, Range 2 East,
Centre 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 3,943 feet 59.2%
Non-Contiguous 2,717 feet 40.8%
Total 6,660 feet 100.0%
D. Size of Annexation Area
The Annexation Area is approximately 44.6 acres.
Lafayette Falls Extension Annexation Area 4
E. Buildings & Land Use
The Annexation Area contains vacant land. A development of 111 housing units, primarily in
the form of single unit dwellings, 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 properties would automatically be zoned as S1
Suburban Neighborhood 1 in the City of South Bend. The Annexation Area falls within the
Zeiger’s U.S 31 Minor Subdivision.
G. Population
No people currently reside in the Annexation Area. At project buildout, an estimated 250
residents would 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
Centre Township is 2.7697 per $100 of taxable real estate. The total tax rate for South Bend
Centre Township is 5.3227 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.
Lafayette Falls Extension Annexation Area 5
I. Parcel Ownership & Assessments
Parcel Identification
Number Address Parcel Owner
Assessed
Value
(Total)
001-1002-002201 Vacant land at US 31
South Lafayette Falls LLC $42,000
001-1002-002444 Lafayette Falls Outlot Lafayette Falls LLC $20,400
Total Assessments
Land: $62,400
Improvements: $ 0
Total (Gross): $62,400
Total (Net): $62,400
Assessments are based on 2024 payable 2025 St. Joseph County property tax records.
J. Municipal Legislative District
The Annexation Area will be in the 5th District.
K. Hiring Plan
This annexation is not anticipated to result in the elimination of jobs for employees of any
other governmental entities. The Centre Township Trustee has been notified of this proposed
annexation.
Lafayette Falls Extension Annexation Area 6
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer – The nearest sanitary sewer is an 8” diameter pipe with a manhole structure off of
Mackey Drive on Griese Lane. The depth of the south invert (stub pipe to annexation area) is
approximately 21’.
Water - There is an 8” water main south of Mackey Drive on Stewart Drive and an 8” water
main south of Mackey Drive on Griese Lane.
It is the developer’s financial responsibility to make the connection to extend public water and
sewer. In order to develop any part of the annexation area, a master utility plan for all
undeveloped sections of Lafayette Falls will be required, including a plan for gravity sewer
extensions.
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.
Streets - There is no City right of way within the annexation area. A portion of U.S.-31 is within
the annexation area, which is labeled as a U.S. Route in the INDOT Roadway Inventory. The
design and construction of public streets, sidewalks, and lighting will be the responsibility of
the developer. Solid waste services will be available to the annexation area. A Dedicated
Improvements Agreement will be required.
There are no public improvements within the property’s boundaries. Subdivision of land will
require minimum frontage on public rights-of-way to current standards, or to development
standards adopted for this development that meet or exceed the Zoning Ordinance and the
Standards for Design and Construction.
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: @0.94 miles (5,000 feet)
Estimated Maintenance Cost
for Annexation Area per year: @$67,997
Lafayette Falls Extension Annexation Area 7
B. Police Department
The Annexation Area would be added to the existing Beat 16. Police patrols and emergency
responses will be part of the services the City will offer to this area.
As a result of this annexation, it may be necessary to restructure or 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 within the existing beat patrol structure would not be
expected to impact the existing budget of the Police Department significantly. 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: 111
Proposed Number of Parcels in Area: 111
Cost for Annexation Area per year: $127,539 (111 parcels x $1,149 / parcel)
Lafayette Falls Extension 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 #10 at 5303 S
York Road, which is approximately 3.6 miles away. Additional Fire Department units would
respond from Fire Station #1, located at 1222 S. Michigan Street, approximately 4.8 miles
away, or Fire Station #5, located at 2221 Prairie Avenue, approximately 4.5 miles away.
The South Bend Fire Department notes that the response time will be approximately 10
minutes, above the required response time standard set forth in NFPA 1710 of 4 minutes.
Extensive response times could be addressed by an agreement to utilize automatic aid from
fire stations closer to the annexation area, by establishing a metro fire department and
absorbing smaller departments into South Bend, or by constructing a new fire station. 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 #10, which is at Fire Station #10 at
5303 S York Road (approximately 3.6 miles away).
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: 111
Proposed Number of Parcels in Area: 111
Cost for Annexation Area per year: $105,339 (111 parcels x $949 / parcel)
Lafayette Falls Extension Annexation Area 9
D. Neighborhood Services & Enforcement
The Annexation Area will be added to Area 2. 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: 111
Cost for Annexation Area per year: $18,093 (111 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 – The Bureau of Solid Waste can provide service to residential customers at the
prevailing rate at that time (currently $15.78 for a one-family dwelling and $24.74 for a two-
family dwelling) 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.
Lafayette Falls Extension Annexation Area 10
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA
This proposed annexation will add the north portion of two vacant properties to the City of
South Bend. The petitioner proposes to subdivide the land for residential uses. The
Annexation Area is currently zoned R Single Family District in unincorporated St. Joseph
County. Lafayette Falls Phase I, a residential subdivision zoned S1 Suburban Neighborhood 1
and U1 Urban Neighborhood 1 in the City of South Bend, is located to the north. To the east,
across U.S.-31 Highway, is a commercial warehouse zoned C Commercial in the City of South
Bend. To the south are single family homes and vacant land zoned R Single Family District in
unincorporated St. Joseph County. To the west is vacant land zoned S1 Suburban
Neighborhood 1 in the City of South Bend and vacant land zoned R Single Family District in
unincorporated St. Joseph County.
According to a preliminary site plan, the petitioner proposes to subdivide the land into 111
parcels, to be used primarily for single unit dwellings.
Any improvements or future changes must meet the City’s applicable building, zoning, and
subdivision ordinances.
Lafayette Falls Extension 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 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.
Lafayette Falls Extension 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 $67,997 $339,985
Police $0 $127,539 $637,695
Fire $0 $105,339 $526,695
Neighborhood
Services $0 $18,093 $90,465
Approximate 5-Year Expenditures $1,594,840
Revenues Notes Total (Est.) 5-Year Total
Property Taxes
(to City)
Year 1 $1,182
$399,344
Year 2 $39,817
Year 3 $79,634
Year 4 $119,451
Year 5 $159,268
MVH/LRSA Estimated at revenue
per mile of $33,234 $31,240 $156,200
Approximate 5-Year Revenues $555,544
Revenue estimate based on $62,400 net assessment and capped tax rate of 3% of $62,400
gross assessment in Year 1, $2,908,000 net assessment and capped tax rate of 1% of
$6,000,000 gross assessment in Year 2, $5,816,000 net assessment and capped tax rate of
1% of $12,000,000 gross assessment in Year 3, $8,724,000 net assessment and capped tax
rate of 1% of $18,000,000 gross assessment in Year 4, and $11,632,000 net assessment
and capped tax rate of 1% of $24,000,000 gross assessment in Year 5.
Lafayette Falls Extension Annexation Area 13
LEGAL DESCRIPTION
A part of those lands conveyed to Lafayette Falls, LLC as described in Instrument Number
2020-06998 and Instrument Number 1723447 – Parcel 2, as recorded in the St. Joseph
County Recorder’s Office, and part of those lands conveyed to the State of Indiana as
described in Instrument Number 1113186 and Instrument Number 1115059, as recorded in
said Recorder’s Office, and being situated in the South Half of Section 2, Township 36 North,
Range 2 East, Centre Township, St. Joseph County Indiana, and being more particularly
described as follows:
Commencing at the Northwest corner of Northwest Quarter of the Southwest Quarter of said
Section 2 and being the Northwest corner of Outlot “A”, as shown on the recorded plat of
Zeiger’s US 31 Minor Subdivision, recorded as Instrument Number 0516808 in said
Recorder’s Office; thence Easterly, along the North line of said Outlot “A”, a distance of 2633
feet, more or less, to the Northeast corner of said Outlot “A”, also being the center of said
Section 2; thence Southerly along existing City limits a distance of 680 feet; thence Westerly,
parallel with the North line of said Outlot “A”, a distance of 2633 feet, more or less, to
the West line of said Section 2 and being the West line of Outlot “A”; thence Northerly, along
the West line of said Section 2 and the West line of Outlot “A”, a distance of 680 feet, more or
less, to the Point of Beginning.
Containing 44.6 acres, more or less, and being subject to all rights-of-way, covenants,
easements, and restrictions of record.
Lafayette Falls Extension Annexation Area 14
MAP 1
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 3, 2024
Name Amani Morrell Department DCI
BPW Date December 10, 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 Lafayette Falls Extension Annexation Area
_______________________________________________________________
_______________________________________________________________
For Change Orders Only
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Previous Amount $
Current Percent of Change:
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New Amount $
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Time Extension Amount:
New Completion Date: