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REGULAR MEETING OCTOBER 13, 2020 188
<br />tap into public water/sanitary sewer system of the City, to provide water/sanitary sewer service
<br />to the below referenced properties, the applicants waive and release any and all rights to
<br />remonstrate against or oppose any pending or future annexations of the properties by the City of
<br />South Bend:
<br />A. Craig & Suzanne Holmes, 314 Contour Dr., Apt. 104, Granger, IN 46530
<br />1. 18535 Fontana Dr. — Water/Sewer (Key No. 002-1014-027414)
<br />B. Seven Diamonds, LLC — J. Patrick Matthews, 52127 Fall Creek Dr., Granger, IN
<br />46530
<br />1. 53421 Woodbridge Ct. — Water/Sewer (Key No. 002-1245-988018)
<br />C. Martin Blad Farms Inc., Janis Blad Hile, 58995 S. Mayflower Rd., South Bend,
<br />IN 46619
<br />1. 59107 S. Mayflower —Water (Key No. 005-1035-0450)
<br />D. Jerry L. Fournier Living Trust, 18071 Abington Ct., South Bend, IN 46637
<br />1. 18471 Forest Glade Dr. — Water/Sewer (Key No.002-1014-0306)
<br />E. Irish Rentals, LLC — Steve A. Cooreman, 4404 Technology Dr., South Bend, IN
<br />46628
<br />1. 51693 Audubon Woods Dr. —Water (Key No. 71-03-13-401-046000-003)
<br />Upon a motion by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Consents
<br />to Annexation and Waivers of Right to Remonstrate were approved as submitted.
<br />SOUTH BEND MUNICIPALITY RULES AND REGULATIONS APPEAL
<br />In a Memorandum to the Board, Mr. Ken Smith, Utilities, submitted an appeal on behalf of
<br />McCollough Scholten Construction, 2124 McKinley Ave., of the denial decision of South Bend
<br />Water Work's for permission to reconnect water service at their business, as prohibited in
<br />Section X, Paragraph F of the South Bend Municipal Utility Rules and Regulations. Mr. Eric
<br />Horvath, Public Works Director, stated Section F requires that any building slated for demolition
<br />is required to have the water disconnected and reuse of the water line is prohibited. He noted the
<br />rules are clear with IURC. Mr. Horvath noted, however, the Public Works staff didn't see any
<br />issues with the line, and there is no lead present in the line. The appeal to the Board of Works is
<br />part of the Rules and Regulations for a customer that has a complaint and is not satisfied with
<br />Water Work's decision. He stated the petitioner is asking the Board to allow the reconnections,
<br />adding Engineering and Water Works are in agreement with that. Mr. Gilot published a note for
<br />the public to view from McCollough Scholten Construction regarding their appeal, as follows:
<br />"McCollough Scholten Construction has been in business since 1986. We have enjoyed a
<br />working relationship with the City of South Bend for over 30 years. This project was approached
<br />the same way every project is handled by us, and all contractors, when work is being done in the
<br />City of South Bend. As you know, there are ordinances regarding zoning, parking, drainage,
<br />screening, landscaping, architecture, curb cuts, and utilities. When a project is reviewed,
<br />approved, and a permit is obtained, it is our understanding that we have met or exceeded these
<br />ordinances. The plan review and approval on this project took two months (12/20/20 — 2/21/20)
<br />with numerous revisions required by the City of SB. Utilization of the existing water valve, as
<br />shown on our drawings, was never an issue. The following paperwork trail for the new utilities,
<br />which we obtained, are listed below: (Please note that at no time were we told that we would
<br />have to run a new service line to the water main which is under Ironwood Drive.)
<br />1. 1/30/20 — South Bend Water Works cutoff fee. (Service is noted as discontinued, not
<br />disconnected)
<br />2. 2/25/20 — Building permit based on approved drawings.
<br />3. 5/27/20 — DPW excavation permit (Utility connections are "outside roadway")
<br />4. 6/l/20 — Building Department - Mechanical permit for new water service line.
<br />5. 6/23/20 — Building Department - Inspected and approved new water service line.
<br />6. 7/7/20 — DPW utility verification form (Signed by owner, note: "no change in use" under city
<br />connection fee.)
<br />As a contractor, I don't know if I am supposed to know the "Municipal Utilities and Service
<br />Lines" rules and regulations. SBWW was on -site two times during this project. Once to
<br />disconnect the existing service for demolition, and again to set a new curb box and valve, which
<br />we connected to. If the existing service line would have been anything other than copper, it
<br />would have raised a red flag. The expense to run a new service line to the water main is
<br />significant. Our client should be open for business already. We have been working with the
<br />engineering department since the middle of July to solve this issue. We appreciate your
<br />understanding in this matter and ask that you grant us our appeal to turn on the water."
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