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HomeMy WebLinkAbout25-24 Resolution Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to the Edison Sundown Annexation Area rso„,„gp Filed in Clerk's Office u d APR 2 2 2fl Bianca Tirado x x City Clerk, South Bend, IN 1865 CITY OF SOUTH BEND COVV " \ ITY I \VESTVE\T April 22, 2025 Canneth Lee, President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council 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 (Edison Sundown Annexation Area) Dear President Lee: I am attaching for filing the above resolution, which is a companion to Bill No. 14-25. That bill proposes to voluntarily annex contiguous territory in German Township to the City of South Bend. This resolution provides for the Common Council's adoption of the written plan and policy concerning the provision of services, both capital and non-capital, to the territory to be annexed. This 8.9-acre annexation area contains two parcels north of the intersection of Edison Road and Sundown Road, plus adjacent right-of-way. All public improvements, if any,. will be required to be done at the expense of the developer. I request that the attached resolution be placed on the agenda of the April 28, 2025, Common Council meeting at which the companion bill is given Second Reading. I will be attending the meeting, as well as the Zoning& Annexation Committee hearing, as the presenter. If you have any questions,please feel free to contact me at (574) 235-7625. Thank you. Since ly, ni Morrell Principal Development Planner EXCELLENCE ACCOUNTABILITY 1 INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Bvld. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov Filed in Clerk's Office APR 2 2 2 BILL NO. 25-24 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL 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 (EDISON SUNDOWN 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 Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 8.9 acres of land,which property is at least 12.5%contiguous to the current City limits, i.e.,45.8%contiguous, generally located north of the intersection of Edison Road and Sundown Road (24355 Edison Road). It is anticipated that the annexation area will be used primarily for warehousing; and WHEREAS, this development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, 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, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS,the South Bend Common Council 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 police and fire protection, 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 or other governmental entities whose jobs will be eliminated by the proposed annexation. 1 NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL 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 14 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, 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, sidewalks, 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. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto and fully 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; that no new public streets will be required. Section IV. Sidewalks should be provided along public streets as required 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 improvements or alterations to the property meet the City of South Bend's building, zoning, and subdivision requirements. Section VI. This Resolution shall be effective from and of the date of adoption by the Common Council. 2 Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana 3 Exhibit "A" Filed in Clerk's Office r•+ `` APR 2 2 2025 Bianca Tirado City Clerk,South Bend, IN THE CITY OF SOUTH BEND FISCAL PLAN EDISON SUNDOWN ANNEXATION AREA Prepared by City of South Bend Department of Community Investment March 25, 2025 Edison Sundown 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 11 SECTION V. FISCAL IMPACT 12 Fiscal Impact: TABLE 1 Legal Description 14 Map: MAP 1 15 Edison Sundown 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 north of the intersection of Edison Road and Sundown Road (24355 Edison Road). See Map 1. B. Legal Description The Annexation Area is part the Southeast Quarter of Section 31,Township 38 North, Range 2 East, in German Township, St. Joseph County, Indiana. For a complete legal description, see Page 14. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 1,204.4 feet 45.8% Non-Contiguous 1,427.0 feet 54.2% Total 2,631.4 feet 100.0% D. Size of Annexation Area The Annexation Area is approximately 8.9 acres. Edison Sundown Annexation Area 4 E. Buildings& Land Use The Annexation Area contains two buildings totaling 43,000 square feet. The petitioner seeks to utilize the site for warehousing and to construct a 13,000 square foot addition. F. Zoning&Subdivisions The two properties in the Annexation Area are currently zoned I Industrial District in St. Joseph County. With the annexation ordinance, the properties would automatically be zoned as I Industrial in the City. The Annexation Area falls within the I.P.0 Minor Subdivision. 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 2024 payable 2025. The total tax rate for unincorporated German Township is 2.3800 per $100 of taxable real estate. The total tax rate for South Bend German Township is 4.9602 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. Edison Sundown Annexation Area 5 I. Parcel Ownership &Assessments Parcel Identification Assessed Number Address Parcel Owner Value (Total) 004-1021-036804 24355 Edison Road Fort Wayne Logistics LLC $283,600 004-1021-036803 24355 Edison Road Fort Wayne Logistics LLC $131,100 Total Assessments Land: $115,800 Improvements: $298,900 Total (Gross): $414,700 Total (Net): $414,700 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 German Township Trustee has been notified of this proposed annexation. Edison Sundown Annexation Area 6 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - The nearest available public sewer is on Ardmore Trail. The sewer cannot be extended without approval from the Board of Public Works, including conformance with Resolution 17-2021 on Sewer and Water Extension Policy for Areas Outside of the City Limits. St. Joseph County approval would also be required to extend utilities along St. Joseph County right of way. Any extension of sewer is the sole expense of the developer. Water-The nearest water line is located north of the edge of pavement in the Edison Road right of way. The line is a 16" ductile iron main.There is a pressure regulating valve and one hydrant along this main. A Utility Verification Form and System Development Charges would be required to connect to the existing water main. 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. 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. 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. Streets -Upon annexation, 726 feet of Edison Road will be added to the City. A City permit will be needed to add or change driveway access to the property. A portion of the St. Joseph Valley Parkway will also be added, but it will continue to be maintained by INDOT. The developer may be required to build public sidewalk as part of the development process. Street Lighting - There is no street lighting on Edison 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 waiver of annexation is in effect for this area. Edison Sundown Annexation Area 7 2024 Actual Budget Report for the Department: Expenditures: $35,811,357 Miles of Roadway in City: @502 Cost per Mile: @$71,337 New Mileage within Area: @0.14 miles (726 feet) Estimated Maintenance Cost for Annexation Area per year: @$9,987 Edison Sundown Annexation Area 8 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 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 may be slightly longer than 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. 2024 Actual Budget Report for the Department: Expenditures (including pension cost): $54,972,592 Number of Households in City (2022): @41,488 Cost per Household: @$1,325 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$1,160 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 2 Cost for Annexation Area per year: $2,320 (2 parcels x $1,160/ parcel) Edison Sundown Annexation Area 9 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 #6, located at 4302 W. Western Avenue, approximately 3.3 miles away. Additional Fire Department units would respond from Fire Station #11 at 3505 N. Bendix Drive, which is approximately 4.5 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. Slower 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. 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 Fire Station #4, located at 220 N. Olive (approximately 3.7 miles away). Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2024 Actual Budget Report for the Department: Expenditures (including pension cost): $45,654,950 Number of Households in City (2022): @41,488 Cost per Household: @$1,100 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$963 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 2 Cost for Annexation Area per year: $1,926 (2 parcels x $963/ parcel) Edison Sundown Annexation Area 10 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. 2024 Actual Budget Report for the Division: Expenditures: $7,311,315 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$154 Proposed Number of Parcels in Area: 2 Cost for Annexation Area per year: $308 (2 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. 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. Edison Sundown Annexation Area 11 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will bring two properties into the City of South Bend. The petitioner proposes utilizing the Annexation Area for warehousing. The Annexation Area is presently zoned I Industrial District in unincorporated St. Joseph County. Farmland zoned I Industrial in the City is located to the north and east. To the south, across Edison Road, are residential dwellings zoned R Single Family District in unincorporated St. Joseph County. To the west, across the St. Joseph Valley Parkway, is vacant land zoned I Industrial District in unincorporated St. Joseph County. According to a preliminary site plan, the petitioner proposes to retain the existing 43,000 square feet of warehouse space and construct a 13,000 square foot addition. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Edison Sundown Annexation Area 12 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 2024 payable 2025 tax information, assessments of comparable developments, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Edison Sundown Annexation Area 13 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital Non Capital Notes 5-Year Total (Est.) Per Year (Est.) Street Construction $0 $0 Connection at Sewer Extension $0 petitioner's $0 expense Connection at Water Extension $0 petitioner's $0 expense Street Lights $0 $0 Street Maintenance $0 $9,987 $49,935 Police $0 $2,320 $11,600 Fire $0 $1,926 $9,630 Neighborhood $0 $308 $1,540 Services Approximate 5-Year Expenditures $72,705 Revenues Notes Total (Est.) 5-Year Total Year 1 $7,091 Year 2 $13,760 Property Taxes Year 3 $13,760 $62,131 (to City) Year 4 $13,760 Year 5 $13,760 MVH/LRSA Estimated at revenue $4,548 $22,740 per mile of $32,487 Approximate 5-Year Revenues $84,871 Revenue estimate based on $414,700 net assessment and capped tax rate of 3% of $414,700 gross assessment in Year 1 and $804,700 net assessment and capped tax rate of 3% of $804,700 gross assessment for all years following. Edison Sundown Annexation Area 14 LEGAL DESCRIPTION A Part of the Southeast Quarter of Section 31, Township 38 North, Range 2 East, German Township, St.Joseph County, Indiana, and being all of Lot 1 as said lot is known and designated on the Recorded Plat of I.P.C. Minor Subdivision, Recorded in Plat Book 28, Page 1, in the St. Joseph County Recorder's Office; and also being a portion of lands conveyed to the State of Indiana as described in Deed Record 688, Page 223, in said Recorder's Office; and also being all of that land conveyed to State of Indiana as described in Instrument Number 2021-13765; and a Part of the Northeast Quarter of Section 6, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the Northeast Corner of said Lot 1; Thence Westerly, along the North Line of said Lot 1 and said Line Extended, a distance of 679 Feet, more or less,to the West Line of the Limited Access Right of Way of the US 20/US 31 Bypass (aka, St. Joseph Valley Parkway); Thence Southerly, along the Westerly Line of said Right of Way, 267 Feet, more or less, to the Northeast Corner of said State of Indiana Land-Instrument Number 2021-13765; Thence Westerly, along the North Line of said land, 50 Feet; Thence Southerly, along the West Line of said land, 50 Feet; Thence Easterly, along the South Line of said land, 50 Feet, more or less, to the Aforementioned West Line of the US 20/US 31 Bypass; Thence Continuing Southerly, along said West Line and said West Line Extended 236 Feet, more or less, to the North Line of Voght's Edison Road Second Addition, Recorded in Plat Book 17, Page V-2, in said Recorder's Office; Thence Easterly, along the North Line of said Voght's Edison Road Second Addition and the North Line of Voght's Edison Road Third Addition, Recorded in Plat Book 17 Page V-1, a distance of 720 Feet, more or less, to a point lying on the Southerly Extension of the East Line of said Lot 1; Thence Northerly, along said Extended Line and the East Line of said Lot 1, a distance of 553 Feet, more or less to the Point of Beginning; Containing 8.9 acres, more or less. Edison Sundown Annexation Area 15 MAP 1 Edison Sundown Annexation Area • a >- LIJ I. • ' J k. J • a EDISON RD .. LL, , •ram . O IH I al Edison Sundown Annexation Area 111111 City of South Bend Prepared by the South Bend Department of Community Investment February 24,2025