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Home My WebLink About26-21 Resolution Urging a Pause on the Enactment of the Midwest Continental Divide Trail and Committing to Resident Input, Fiscal Responsibility, and Property RightsCITY OF SOUTH BEND MAYOR JAMES MUELLER OFFICE OF THE MAYOR August 6, 2026 Dear Common Council: Filed in Clerk's Office AUG 0 6 2026 Bianca Tirado City Clerk, South Bend, IN Although initiated by a Council sponsor, Bill 26-21 did not follow the Common Council's own procedure, including legal review by the Council Attorney before filing. The Common Council passed this resolution within five days of filing without any amendments to address factual or other issues. The rushed process and shortcuts taken have led to legislation that is impossible to sign. Policy disagreements aside, all legislation must meet basic standards, such as legality and accuracy of claims. While every concern about this legislation previously shared by the City team remains, I veto this bill because I cannot and will never sign any document, including nonbinding legislation with no legal authority, that I know contains a false claim. Sincerely, DAF— itiot ayor James Mueller SOUTH BEND CITY HALL • 215 S. DR. MARTIN LUTHER KING, JR. BOULEVARD • SOUTH BEND, INDIANA 46601 PHONE 574/235-9261 • FAX 574/235-9892 • TTY 574/235-5567 TO: Canneth Lee, President, South Bend Common Council FROM: Dr. Oliver Davis, Council Member -At -Large DATE: July 21, 2026 Filed in Clerk's Office Jul 21, 2026 Bianca Tirado City Clerk, South Bend, IN SUBJECT: Submission of Resolution for Zoning and Annexation Committee Hearing and Vote on July 27, 2026 Dear President Lee, I am writing to formally submit the attached resolution for immediate review, scheduling, and vote by the South Bend Common Council Zoning and Annexation Committee, which I serve as the Chairperson, during its upcoming committee meeting on July 27, 2026, which then will be heard and voted upon by the full Council during the South Bend Common Council Meeting on July 27, 2026, at 7 pm. This resolution addresses critical, urgent matters regarding municipal governance, land use, and fiscal responsibility. Specifically, it calls for the City of South Bend to join a formal pause on the execution and development of the Midwest Continental Divide Trail initiative. The implementation of this multi -jurisdictional infrastructure project introduces profound long-term implications for our city's zoning policies, municipal boundary adjustments, and the potential application of eminent domain along the proposed trail path. Given that our local administration —primarily through the Department of Community Investment and its Division of Planning & Community Resources —has already committed vital planning assets and financial resources to this project, it is imperative that we halt further participation. This pause must remain in effect until the Indiana State Legislature repeals Senate Bill 468 during the 2027 legislative session and drafts a replacement bill that fully integrates direct, structured input from the residents, agricultural landholders, and stakeholders who will be directly impacted. Furthermore, this resolution establishes a mandatory protocol requiring the administration to provide regular, transparent public updates to the Common Council concerning its planning, operational involvements, and future initiatives linked to this trail system. With significant local tax dollars at stake during an economically challenging climate for our city, county, state, and nation, we must ensure our public funds are utilized with the highest degree of prudence. I respectfully request that this matter be advanced to the Zoning and Annexation Committee on July 27, 2026, to allow for full legislative deliberation and a formal vote. Thank you for your leadership and your ongoing dedication to the residents of South Bend. Sincerely, Dr. Oliver Davis South Bend Common Council -At -Large Sponsor 574-876-6938 - cellphone odavis a@southbendin. qov PS - Please see the following links regarding this vital matter: Local farmer shares concerns with Midwest Continental Divide Trail Farmers voice concerns over proposed Midwest Continental Divide trail system Farmers vow to kill Continental Divide trail project if it's still alive Officials call for suspension of Midwest Continental Divide Trail project Residents raise concerns over proposed Midwest Continental Divide Trail BILL NO. 26-21. RESOLUTION NO. Filed in Clerk's Office Jul 21, 2026 Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING A PAUSE ON THE ENACTMENT OF THE MIDWEST CONTINENTAL DIVIDE TRAIL AND COMMITTING TO RESIDENT INPUT, FISCAL RESPONSIBILITY, AND PROPERTY RIGHTS WHEREAS, the Indiana State Legislature enacted Senate Bill 468, establishing the framework for the Midwest Continental Divide Trail and its governing Commission; and WHEREAS, the City of South Bend, via the Mayor's designee, is designated to hold a voting seat on the five -member Midwest Continental Divide Trail Commission, an appointment and involvement that requires the review and voting approval of the South Bend Common Council; and WHEREAS, the Commission shares seats with county partners and the Pokagon Band of Potawatomi, requiring deep regional alignment and respectful collaboration on all shared jurisdictional impacts; and WHEREAS, the City of South Bend has already invested significant planning and financial resources into this initiative through the City of South Bend Department of Community Investment and the Department of Public Works; and WHEREAS, residents, particularly local farmers and property owners who will be directly impacted by the proposed route, deserve complete transparency and respect before municipal actions proceed; and WHEREAS, the exact desired trail route must be fully disclosed and made public to ensure adequate protection against zoning conflicts, forced annexations, and the infringement of property rights through eminent domain; and WHEREAS, during these challenging economic times across our city, county, state, and country, the South Bend Common Council must ensure that municipal funds represent the absolute best use of local taxpayer monies; and WHEREAS, legislative remedies are necessary to protect local autonomy, requiring the Indiana State Legislature to repeal Senate Bill 468 in the 2027 legislative session and enact a replacement bill built upon the direct input of impacted residents. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. The South Bend Common Council officially calls for an immediate pause on all municipal participation in the enactment of the Midwest Continental Divide Trail Commission until such a time that the Indiana State Legislature repeals Senate Bill 468 in the 2027 session and introduces replacement legislation crafted with direct resident input. SECTION II. The South Bend Common Council declares that the exact desired trail route be made fully public before this Council proceeds with any votes or approvals, out of respect for the farmers, landowners, and other affected residents whose properties face long-term risks. SECTION III. The South Bend Common Council asserts its authority to strictly scrutinize and regulate all zoning, annexation, and eminent domain issues connected to this trail project to protect the integrity of local agricultural, residential, and commercial properties. SECTION IV. The City of South Bend's Administration is hereby directed to provide regular, comprehensive public reports to the South Bend Common Council detailing its current involvements, expenditures, and future planning pertaining to this initiative. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Adopted this 27th day of July, 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. .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2026, at _ o'clock James Mueller, Mayor City of South Bend, Indiana