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Home My WebLink About02-23-2026 FINAL Agenda PacketOFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Jasmine Jackson Matthew Neal Veronica Pitt-Payne CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, FEBRUARY 19, 2026 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, February 23, 2026: Council Chambers 3rd Floor City Hall 215 S. Dr. Martin Luther King Jr. Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/022326CC 5:00 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, TOMAS MORGAN 1.Organizational Meeting 5:05 P.M. INFORMATION & TECHNOLOGY CHAIRPERSON, TOMAS MORGAN 1.Organizational Meeting 5:10 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE 1.Organizational Meeting 5:15 P.M. PARC CHAIRPERSON, MCBRIDE 1.Organizational Meeting 5:20 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1.Bill No. 26-06 - Confirming Resolution - Real Property Tax Abatement for David A. Nufer LLC (Burton's Laundry) EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov 5:35 P.M. COMMUNITY RELATIONS CHAIRPERSON, GOODEN-RODGERS 1. Bill No. 26-07 - Resolution Appointing Marla Godette to a Two-Year Term as a Member of the Community Police Review Board Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR VIRTUAL ATTENDEES Virtual attendees wishing to speak during the public portion of the meeting must submit your request in the meeting chat. We ask that you provide your Full Name and Residential Address, as those are required for all speakers at in-person Council meetings. Those wishing to speak during the public portion of the meeting must activate their camera, displaying the speaker, to be recognized by the Chair. NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, February 23, 2026 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 3rd floor of the South Bend City Hall, 215 South Dr. Martin Luther King Jr. Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/SBCC022326 1. INVOCATION PASTOR MICHAEL BUSH | IMPACT WORSHIP CENTER 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES FEBRUARY 9, 2026 5. SPECIAL BUSINESS SPECIAL RESOLUTION OF THE SOUTH BEND COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 25th ANNIVERSARY OF CUTRAGEOUS BARBER AND BEAUTY SALON FOUR WINDS FIELD RENOVATIONS AND SOUTH BEND CUBS UPDATES TO COUNCIL FROM SOUTH BEND CUBS LEADERSHIP 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ 8. BILLS ON THIRD READING TIME:______ 2 9. RESOLUTIONS BILL NO. 26-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2614-2626 SOUTH MAIN STREET, SOUTH BEND, INDIANA 46614 AND 109 WEST ECKMAN STREET, SOUTH BEND, INDIANA 46614 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR DAVID A NUFER, LLC 26-07 A RESOLUTION OF THE CITY OF SOUTH BEND COMMON COUNCIL APPOINTING MARLA GODETTE TO COMPLETE THE CURRENTLY VACANT INITIAL TWO-YEAR TERM AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD 10. BILLS ON FIRST READING BILL NO. 06-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST/WEST ALLEY SOUTH OF MONROE, BETWEEN 516 SOUTH MICHIGAN AND 520 SOUTH MICHIGAN, STARTING AT MICHIGAN ON THE WEST AND ENDING AT THE NORTH/SOUTH ALLEY BEHIND 516 SOUTH MICHIGAN ON THE EAST 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ NOTICE FOR VIRTUAL ATTENDEES Virtual attendees wishing to speak during the public portion of the meeting must submit your request in the meeting chat. We ask that you provide your Full Name and Residential Address, as those are required for all speakers at in-person Council meetings. Those wishing to speak during the public portion of the meeting must activate their camera, displaying the speaker, to be recognized by the Chair. NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2026 COMMON COUNCIL STANDING COMMITTEES (Rev. 02-19-2026) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Karen L. White, Vice-Chairperson Ophelia Gooden-Rodgers, Member Thomas Gryp, Citizen Member Kevin Upton, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Alice Pickens, Citizen Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Canneth Lee, Member Troy Warner, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Member Citizen Member Savino Rivera Jr., Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE - Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member Citizen Member Citizen Member PARC COMMITTEE- Venues, Parks, and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member Karen L. White, Vice- Chairperson Troy Warner, Member Aaron Nichols, Citizen Member Frances Schmuhl, Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Ophelia Gooden-Rodgers, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Ophelia Gooden-Rodgers, Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Vice-Chairperson Troy Warner, Member Abel Gonzalez, Citizen Member Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member Sherry Bolden-Simpson Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member Rachel Tomas Morgan, Vice-Chairperson Ophelia Gooden-Rodgers, Member Dr. Oliver Davis, Member Sharon McBride, Member Joseph Mayer, Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Dr. Oliver Davis, Chairperson Troy Warner, Member Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member Danny Koontz, Citizen Member Stacey Odom, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Sherry Bolden-Simpson, Member 2026 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2026) CANNETH LEE, 1ST District Council Member President Council Rules Committee, Member OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Public Works & Property Vacation Committee, Chairperson Community Investment Committee, Member PARC Committee, Member Personnel & Finance Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Health & Public Safety Committee, Member Information & Technology Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member TROY WARNER, 4TH District Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Council Rules Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Public Works & Property Vacation, Member Sub-Committee on the Minutes, Member Zoning & Annexation Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Residential Neighborhoods Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Community Relations Committee, Member Council Rules Committee, Member Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Residential Neighborhoods Committee, Vice-Chairperson DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Health & Public Safety Committee, Member Information & Technology Committee, Member Utilities Committee, Member Public Works & Property Vacation Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Utilities, Vice-Chairperson Zoning & Annexation Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Community Relations Committee, Vice-Chairperson Community Investment Committee, Vice-Chairperson PARC Committee, Vice-Chairperson Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member ni8r >V CITY OF SOUTH BEND Fy' Cli COMMUNITY INVESTMENT P a 1965 February 16, 2026 Filed in Clerk's Office Council Member Troy Warner Feb 16, 2026 Chairperson, Community Investment Committee South Bend Common Council Bianca Tirado South Bend City Hall, 3rd Floor City Clerk. South Bend, IN South Bend, Indiana 46601 RE: Confirming Resolution: Retail Development Real Property Tax Abatement Petition for David A Nufer, LLC (Burton's Laundry) Dear Council Member Warner, Please find the enclosed Confirming Resolution and Memorandum of Agreement for a retail development real property tax abatement for David A Nufer, LLC, an Indiana Limited Liability Company. The petitioner plans to build a new Burton's Laundromat at currently vacant property located at the northeast corner of the intersection of S. Main Street and W. Eckman Street. The facility will be approximately 4,300 square feet and would create four (4) new jobs. The total investment for this project is $2,000,000. The project meets the qualifications for an six-year (6) retail development real property tax abatement. A representative from David A Nufer, LLC (Burton's Laundry) will be available to meet with the Committee on Monday, February 23, 2026. If you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, L'-`-\ _.),(4___L' Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT South Bend City Hall,Suite 500 215 S.Martin Luther King Jr.Blvd. South Bend,IN 46601 p 574.235.9371 www.southbendin.gov 26-06 Filed in Clerk's Office Feb 16, 2026 BILL NO. 26-06 Bianca Tirado RESOLUTION NO. City Clerk. South Bend, IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2614-2626 S. Main Street, South Bend, Indiana 46614 AND 109 W. Eckman Street, South Bend, Indiana 46614 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR David A Nufer, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area described as: Key Number: 71-08-24-105-005.000-026 Local Parcel Number: 018-8014-0644 Commonly Known As: 2614 S. Main Street Legal Description: Lot 13 Oakside 1st Add Key Number: 71-08-24-105-006.000-026 Local Parcel Number: 018-8014-0645 Commonly Known As: 2616 S. Main Street Legal Description: Lot 14 Oakside 1st Key Number: 71-08-24-105-007.000-026 Local Parcel Number: 018-8014-0646 Commonly Known As: 2626 S. Main Street Legal Description: Lot 15 Oakside 1st Key Number: 71-08-24-105-009.000-026 Local Parcel Number: 018-8014-0648 Commonly Known As: 109 W. Eckman Street Legal Description: Lot 16 Oakside 1st Add 24/25 Cons W/0647 per owners req be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met; and WHEREAS, the Council adopted Declaratory Resolution No. 5162-26 on February 9, 2026. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for retail development real property tax abatement only and shall expire on December 31, 2028. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of six (6) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 -95% Year 3 - 90% Year 4- 85% Year 5 - 80% Year 6- 70% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Canneth J. 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 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller, Mayor City of South Bend, Indiana MEMORANDUM OF AGREEMENT RETAIL DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement(the"Agreement")dated as of February 12,2026, serves as confirmation of a commitment by David A Nufer, LLC (the "Applicant"), pending a February 23, 2026,public hearing,to comply with the project description,job creation and retention(and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement,the property is located at 2614-2626 S.Main Street and 109 W.Eckman Street, South Bend, Indiana 46614,and has Key Numbers 71-08-24-105-005.000-026,71-08-24-105-006.000-026, 71-08-24-105-007.000-026, and 71-08-24-105-009.000-026. Throughout the duration of the abatement, the Applicant shall promptly report any changes in the address or Key Number of the property receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover,the Applicant also shall report any material changes or improvements made to the property subject to the abatement including changes as the result of subdividing, replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this Agreement. 2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana (the "City"), commits to provide a six-year (6) retail development real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): a)making total combined real property expenditures of no less than One Million Two Hundred Thousand Dollars ($1,200,000.00) for the construction of a new laundromat of approximately four thousand three hundred(4,300)square feet at property identified in Section 1 of this Agreement; b) creating at least four(4)permanent jobs with a total estimated annual payroll of at least Ninety-Six Thousand Dollars ($96,000.00);and c)acting in good faith to complete the project as described in its Application. 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled "Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits and overtime) associated with the positions, and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the 1 Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty(20)days following any such request. Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 5 below. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement.Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a)be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions,and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid,it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If,after giving such notice and receiving such evidence,if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement 2 and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the Statement"), and Applicant shall make such repayment to the City within one hundred twenty(120) days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right,remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right,remedy,power,or privilege preclude any other or further exercise of the same or of any other right,remedy,power, or privilege with respect to any occurrence or be construed as a waiver of such right,remedy,power,or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, addressed as set forth below: If to Applicant: David A Nufer,LLC 2409 Mishawaka Avenue South Bend, Indiana 46615 Attn: David Nufer If to the City: City of South Bend,Indiana 215 S. Dr.Martin Luther King Jr.Boulevard Suite 500 South Bend, Indiana 46601 Attn: Executive Director of Community Investment 12. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 3 13. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except (a)that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the project which is the subject of this Agreement. 15. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 16. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other,and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 17. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" David A Nufer,LLC City of South Bend, Indiana By: 44110 / f f, By: David A.Nufer Canneth Lee Member President, South Bend Common Council Approved as to Legal Adequacy and Form this By: 3 day of )42____,2026. Troy Warner Chairperson, Community Investment Committee Counsel, South Bend Common Council By: Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 5 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution confuiiung the adoption of Declaratory Resolution No. 5162-26,the property owner is qualified for and is granted a retail development real property tax abatement for a period of six(6)years as shown by the schedule outlined below. Year 1 - 100% Year 2 -95% Year 3 -90% Year 4- 85% Year 5 - 80% Year 6 - 70% 6 * * * * * Carn1cth L<-e Preside11t Sheila :--iiezgodski \'ice President Troy \\'arner Chairperson, Committee of tl1e \ \ 110le Canneth L<-e First District Opheli;i Gooden-Rodgers Second Disu·ict 'haron L. McBride Third District Tro y \\'arner Fourth District Sherry B olden-Simpson Firth District Sheila :\'iezgodski Sixth Dist rict Dr. Olin-·r Da,·is At L1r�e Rachel Tomas \'1organ At Lcr�e K.;u-en L. \ \ l1ite :\t Larf{e City of South Bend Common Council 300 City llaJl • 215 S. \'1arti11 Luther King.Jr. Bh-d. Soutl1 Bell([, Indiam t660 I Filed in Clerk' Office Feb 17, 2026 Hianca Tirado City Ch.:rk South f3cnd, IN February 17, 2026 South Bend Common Council Attn: Council Member Gooden-Rodgers 215 S. Dt. Martin Luther King Jr. Blvd., 300 South Bend, IN 4660 I RE: A RESOLUTIO OF THE CITY OF SOUTH BEND COMMON COUNCIL APPOI TING MARLA GODETTE TO COMPLETE THECURRE TL Y VA CANT INITIAL TWO-YEAR TERM AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD BOARD Dear Chairperson Gooden-Rodgers: As you know, there is currently a vacancy on the Community Police Review Board. This proposed resolution appoints Marla Godette to fill the vacant unexpired initial two-year tenn. Please file this proposed resolution and place it on the agenda for the Community Relations Committee meeting for February 23, 2026, and the full Council meeting later that evening. Thank you for your consideration. Sincerely yours, �p;;C_, Canneth Lee, President South Bend Common Council (.57 !) W.5-!J:--!2 l. Fax (.'i7 I) 235-9173 • TDD (57 D 235-55(57 • htt1):11 IVWW.SOllthue11di11.�01· 26-07 Filed in Clerk's Office Feb 17, 2026 BILL NO. 26-07 Bianca t irado City Clerk, South Bend, IN RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH BEND COMMON COUNCIL APPOINTING MARLA GODETTE TO COMPLETE THE CURRENTLY VACANT INITIAL TWO-YEAR TERM AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD WHEREAS, Section 2-12.1.13(a)(3) of the South Bend Municipal Code addressing the Community Police Review Board provides in relevant part: "After the term of each initial Member is completed, the Common Council shall appoint Members with each Member serving a three (3)year term or term or until their successors are appointed, but for no longer than sixty (60) days beyond the expiration of their term."and WHEREAS, there is currently a vacancy among the members of the Review Board for an initial two-year term. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend appoints Marla Godette nominated by 3rd District Council Member Sharon McBride, to complete the currently vacant two-year term as a member of the Community Police Review Board. Canneth J. 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 2026, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller,Mayor City of South Bend, Indiana f\f', r <'01-7 LV HERSTORIC 0 E V E L O P M E South Bend Common Council 3rd floor of City Hall 215 S. Dr. Martin Luther King Jr. Blvd. South Bend, IN 46601 February 17, 2026 Dear Honorable Council, T 614 S Saint Joseph Street South Bend, IN 46601 574.300.8041 charity.herdevelopment@gmail.com www.herstoricdevelopment .com @herstoricdevelopment Filed in Clerk's Office Feb 17, 2026 B1unca I 1raJo City Ckrk South 11cnd. 11 Please accept this Ordinance to vacate a portion of the street right-of-way as shown in the attached diagram. This alley is between 516 S Michigan and 520 S Michigan. The east portion of this alley that connects with St. Joseph St. has already been vacated, thus this section of alley dead ends into the alley between Michigan St and St. Joseph St. properties, and it is not useful right-of-way for any properties besides 516 and 520 S Michigan. 516 S Michigan is being developed by owners Charity Stowe and Rachel Mospan into mixed use residential and commercial space. Charity and Rachel also founded the 501(c)(3) non-profit Milkweed Gardens, Inc. which owns 520 S Michigan and is turning it into a public green space and park that will serve the neighborhood. Herstoric Properties and our development partners are excited about the future development on this block. Formally vacating this right-of-way will allow for a more comprehensive design of the buildings, green spaces, and amenities being offered on this block of South Michigan. We respectfully request approval to vacate the right-of -way as shown in the attached request. Thank you for your consideration. If you have any questions or concerns, 06-26 please feel free to reach out to me using contact information included in the attachments. Warm regards, ive4t Charity Stowe Managing Member Herstoric Properties, LLC Filed in Clerk's Office Feb 13, 2026 BILL NO. 06-26 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST/WEST ALLEY SOUTH OF MONROE, BETWEEN 516 SOUTH MICHIGAN AND 520 SOUTH MICHIGAN, STARTING AT MICHIGAN ON THE WEST AND ENDING AT THE NORTH/SOUTH ALLEY BEHIND 516 SOUTH MICHIGAN ON THE EAST STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation in order to support planned development of a mixed use residential and commercial space at 516 S. Michigan and a public green space at 520 S. Michigan. The vacated area will be maintained as a paved area for use by both parcels. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City.The following Ordinances vacates the above-described public property. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The east/west alley south of Monroe, between 516 S. Michigan and 520 S. Michigan, starting at Michigan on the west and ending at the alley behind 516 S. Michigan on the east, more particularly described as set forth in Exhibit A. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: 516 S Michigan Street—Parcel ID 018-3017-0646 520 S Michigan Street—Parcel ID 018-3017-0649 1 SECTION IV. The purpose of the vacation of the real property is to support planned development of a mixed use residential and commercial space at 516 S. Michigan and a public green space at 520 S. Michigan. The vacated area will be maintained as a paved area for use by both parcels. SECTION V. The vacation is not subject to the elimination of the alley approach. SECTION VI. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 2026. Canneth J. 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 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, at o'clock m. James Mueller,Mayor City of South Bend, Indiana 2 zi .',, i 10- odowerui ,* V- f .„.... - , ,, r ' e $ .. - wt. ., 40/ lik, T.- 4, .. 1v- v. At ••,: iiii. Ai, 11,.., e c„. 4 ,„,_ • , il, r . 4fir. '' ',, r: T, :' cu 441,-.,':, IA" . . • • 4' ., - ' ,,',. •- tt. It cut cl. ';,;'.••. .;,,';'.:. '. ' •' Ilk, .., ''),.. ,, ; ' if. cp. ,.. -....,- , . ,, LL,-', 1 • • ' '.....'''_:----' ''.' iir'''''''' .., • .{ * . 4. 414P. -.!.. . 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It4-.: 7'. . ..'---- 7." 11::: .% : I- CL.,- I' * t4 ‘, 4 1.; •.,,,. ' tt"'..:':-."";: t!,..--,. ' :..." 7; f.',' li-...." V.- p r .- •^ r'. ro r--- 0 t 44 It.., I, 4. 0 -'. 44.. 4 ..,•,,„. , t, r, .-, . - 17.•, ... .. 1.' 1 Vt, 74 t."-.: :,-, '% . , ..): :. ' 0 4; 4.- 4. 153,. 1,-; -.„ -..-,..--,-- - . ...- 4 / 1 : t-. Ellh. SOUTH 8CITYHALL04 d` PHONE 574/235-9251 215 S.MARTIN LUTHER KING JR.BLVD., C.) FAX 574/235-9171 SurrE 400 SOUTH BEND,INDIANA46601-1830PFACL Air x7 y LZ._. x x 865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS December 16,2025 Ms.Rachel Mospan 516 S.Michigan St. South Bend,IN 46601 rachelmospan@Qmail.com RE: Alley/Street Vacation - East/West Alley Between 516 S. Michigan St. & 520 S. Michigan St. Preliminary Review) Dear Ms.Mospan: At its December 16, 2025 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. If you still wish to pursue this alley vacation,please bring this BPW Recommendation Packet to the City Clerk's Office,located on the 3rd Floor of City Hall.Alley/Street vacations require a presentation to the Common Council,approval of an ordinance,and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name.If you have any questions about how the alley vacation will affect your property taxes,please contact the Auditor's Office. In its Ordinance,the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach,replace with curb,and establish a tree lawn in accordance with City standards and specifications.These updates should be made within ninety(90) days of final approval from the Common Council.Please notify us when this work is complete.If you have any further questions,please call this office at(574)235-9251. Sincerely, s/Hillary Horvath Hillary Horvath,Clerk ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GI LOT MURRAY L.MILLER BREANA N.MICOU SOU1H84,OY 1'O r2 w \% is rj1e INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: June 30, 2025 TO: Kyle Ludlow, Public Works Zach Hurst, Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Hillary Horvath, Clerk (hhorvath@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION APPLICANT: Rachel Mospan LOCATION: 618 S. St. Joseph St. and 516 N. Michigan St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING: Favorable Recommendation COMMUNITY INVESTMENT: Favorable. FIRE: Favorable Recommendation POLICE: Favorable recommendation V.LU24-U/-iU xr 8`- STREET/ALLEY VACATION BPW APPLICATION of 1, E. )s. , City of South Bend - Board of Public Works rA„, 1i 227 W. Jefferson Boulevard, Ste. 1316 86„'` South Bend, IN 46601 Date: 6/27/2025 Phone#: 3125900062 Name: Rachel Mospan E-mail: rachelmospan@gmail.com Property Address: 516 S Michigan St, South Bend, IN 46601 Applicant property information: M Residential Commercial El Industrial Describe the general street/alley location with boundaries (Ex: 1st East/West Alley,west of St. Peter St and north of Howard St): east/west running alley south of Monroe, between 516 S Michigan and 520 S Michigan, starts at Michigan on the west and ends at the back alley behind 516 S Michigan to the east (i.e. the alley does not continue east to the next block which is S St. Joseph) Describe the reason for the request, proposed use, and any changes made to the request following from preliminary review: Charity Stowe and Rachel Mospan are the owners of Herstoric Properties which owns 516 S Michigan. Chartity and Rachel also founded and serve on the board of the 501c3 non-profit Milkweed Gardens, Inc. which owns 520 S Michigan. 516 S Michigan is being developed into mixed use residential and commercial space. 520 S Michigan will be developed into a public green space/pocket park that will serve the adjacent buildings as well as the neighborhood. We'd like ownership of the alley to be attached to 516 S michigan (as opposed to splitting 50/50). It will be maintained as a paved area for use by both 516 and 520. The following MUST be attached to this application: 300 payment(check or money order) Preliminary review form with staff comments Office Use Only Fee Paid Date: 6/30/2025 Check/Money Order#: CK#889001 BPW Recommendation:Favorable ri Not Favorable CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS tiii,a Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Breana Micou,Member Murray L.Miller,Member Attest: Hillary R.Horvath,Clerk Date: December 16.2025 This application expires 90 days from the BPW meeting date,which is March 16, 2026 v.2024-07-30 l STREET/ALLEY VACATION PRELIMINARY REVIEW CitydL\ I of South Bend - Board of Public Works 5) 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 9/30/2024 Phone#: 3125900062 Rachel Mospan rachelmospan@gmail.com Name: Email: Property 516 S Michigan St, South Bend, IN 46601 Address: Applicant property information: O Residential Commercial Industrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St.Peter St and north of Howard St): east/west alley south of Monroe, between 516 S Michigan and 520 S Michigan, starts at Michigan on the west and ends at the back alley behind 516 S Michigan to the east(i.e. the alley does not continue east to the next block which is S St. Joseph) Is your property adjacent to the street/alley of interest? 0 Yes No Do any property owners currently access the street/alley? 11 Yes No Is there a future property development plan associated with this request? 0 Yes No Describe the reason for this vacation request and proposed use: Charity Stowe and Rachel Mospan are the owners of Herstoric Properties which owns 516 S Michigan.Charity and Rachel also founded the non-profit Milkweed Gardens which owns 520 S Michigan.516 S Michigan is being developed into mixed use residential and commercial space.520 S Michigan will be developed into a public greenspace/pocket park that will serve the adjacent buildings as well as the neighborhood.We'd like ownership of the alley to be attached to 516 S Michigan as opposed to splitting 50/50).It will most likely be maintained as a paved area for use by both 516 and 520. Note:the boxes in the Office Use Only section were auto-populated when I checked the boxes above.I wasn't able to uncheck them.) This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria.Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50%of properties on the full block have direct street access? i Yes ' No Is this the only midblock connection? g Yes 0 No Is the block length greater than 600'? i Yes i No Will the vacation result in:dead end alley,interference with bike route,violations of Yes No minimum traffic safety standards? Are there public or private utilities in the alley? Yes No Preliminary Staff Comments: DCI responds with a favorable request that includes removal of the alley approach. The ownership of the vacated alley is not determined throgh the vacation process, it will default to split ownership of the formewr ROW and added to adjacent properties. 018-3020-071 5 018-301.7-0628 as ' w:-3020-0714 ONO OM 018301 7Ob41 01830200716 1 018-3017-0629 I i- 018-3020-071' Or 01813017'0631 018-3017-0645 x 018-3020-0718 r.,;.,' In i018 301 7-06'3 p 018-301.7-0646 I 018 3020 0719 018 3020 071' 018-301.7-0649 011ill 018-3020-0720 018-301.7-0634 018-30117-0650 018-36 0-0721