Redevelopment commission approves MOU with Mishawaka to clarify water and sewer service, create Capital Avenue EDA

The St. Joseph County Redevelopment Commission on a unanimous vote approved a memorandum of understanding with the City of Mishawaka, the St. Joseph County Regional Water and Sewer District and other partners to define water and sewer service areas and to create a Capital Avenue Economic Development Area.

Bill, a county staff presenter, said the MOU “contains five sections” that establish service footprints and allow the county to facilitate economic development areas and TIF allocation areas to fund infrastructure projects. He listed five project categories to be eligible for TIF increment in the area: a Douglas Road rail overpass, water infrastructure improvements, sewer improvements, roads/fiber/drainage projects, and trail and open-space improvements.

The MOU includes a commitment by the city to make sewer capacity available to the regional water and sewer district at a bulk rate capped at 500,000 gallons per day, a detail staff described as central to extending sewer service into the Granger/Capitol Avenue corridor. Staff cautioned that the sewer capacity cannot be used until pipe is installed to reach the plant.

Tom Everett of Barnes & Thornburg was present to answer legal questions about the declaratory process tied to the related economic development area. Commissioners approved the MOU “subject to a final document being put together,” with staff promising to return to the board in December if substantive language changes were necessary.

Public commenters expressed mixed reactions. An online commenter identified as Francis said the public had not been given adequate notice of the MOU and requested greater transparency, saying, “I was disappointed not to have a hearing on the declaratory resolution,” and raised concerns about potential conflicts of interest among attorneys advising multiple county bodies. Don Smessard, president of the St. Joseph County Regional Water and Sewer District, thanked the commission for support during the IURC proceedings.

Next steps: staff will finalize the MOU language, pursue the declaratory resolution through the area plan commission and council, hold a public hearing in January and return to the redevelopment commission for ratification as required by the statutory process.