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HomeMy WebLinkAboutSouth Bend Municipality Appeal - Permission to Reconnect Water Service at 2124 McKinley Ave.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 13, 2020 Mr. Tim E. McCollough McCollough Scholten Construction, Inc. PO Box 2807 Elkhart, IN 46515 11:.�1.1..,C0A I., RE: South Bend Municipality Rules and Regulations Appeal Dear Mr. McCollough: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on October 13, 2020, approved your appeal of the denial decision of South Bend Water Work's for permission to reconnect water service at 2124 McKinley Ave. as prohibited in Section X, Paragraph F of the South Bend Municipal Utility Rules and Regulations. The Board's ruling was based on the Engineering and the Water Work's Department's finding that there were no issues with the existing pipes and agreed the reconnection of water should be approved. Enclosed please find a copy of the appeal for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR MCllug Post Office Box 2807 IN 46515 Elkhart, (574)294-2227 con$aruetIDKx^Inc, Fax (574) 294-6470 SUBJECT DATE G _._........�... ..._�.. 2 /Ly 0W-,e410e-1VA✓F 7 - is zo MESSAGE REPLY REPLY TO AND SIGNED .................................. ,.,,....,�,�,,, �_._.............. ........ .......� ... SIGNED RETURN ORIGINAL TO SENDER AND KEEP COPY SENDER RETAIN THIS COPY DPi 23022 Department of Public Works 227 West Jefferson Blvd. South Bend, In 46601 Re: Water service at 2124 McKinley Ave., South Bend To whom it may concern: This letter is to act formally as an appeal and to request a conference regarding the Utility's (SBWW) decision to not activate the water service because of our connection to the existing lateral at the new convenience store located at 2124 McKinley Ave. McCollough Scholten Construction (MSC) contends the following: 1.) According to the picture(copy enclosed) taken at the site on Feb. 7, 2020 by Juul Scholten when he met with workers from the SBWW who were on site to disconnect the existing service line, please note: - service line coming from Ironwood is copper - service line was disconnected on the private property side of the curb box 2.) I had a pre -construction meeting on 10/30/19 with Hana Parkhill from Engineering regarding utilities, drainage, and curb cuts. MSC submitted Construction plans and said plans went through Plan Review as is required by the City. The construction plans showed utilization of the existing sewer and water services. Construction plans were approved on 2/21/20 by all departments. MSC was never informed at any time that the proposed water connection was not in compliance with Municipal Utilities Rules and Regulations. 3.) On 1/30/20 Clarkco Inc. (MSC contractor) paid SBWW $300. for the old water service at this location to be "discontinued" in order for the existing building to be demolished. SBWW never questioned the new service. 4.) On 5/27/20 Clarkco Inc. obtained an excavation permit (#3920) to install the new sewer/water lines to the new building. Note that the on the permit the location is notated "Outside Roadway". New service lines were installed according to plans and permit. 5.) ON 6/23/20 the Building Department inspected and approved the installation of the new water service and connection. 6.) On 6/23/20 the base course of paving was done. According to the picture of 8/25/20 (copy enclosed) the water service has been installed as per the construction drawings. 7.) On 7/7/20, my client, Mr. Gary Singh, completed the Utility Verification Form from Public Works and paid his fee. Note on the receipt "no change in use" under the "City Connection Fee". 8.) On 7/16/20, Jon Gordon from MSC emailed Mr. Bruce Schwind at SBWW regarding a schedule to install the water meter. AT THIS POINT IN TIME WE WERE INFORMED THAT THE NEW WATER SERVICE WAS NOT IN COMPLIANCE WITH THE MUNICIPAL UTILITIES AND SERVICE LINES RULES AND REGULATIONS. MSC was never informed by any representative of Public Works (Engineering, SBWW, or others) during this whole process that we were required to do any additional work for the new water service other than what was on our plans and/or permits. In summary, MSC did their due diligence regarding the new water service at this site. MSC followed the same process that is typical for all new buildings in the City of South Bend. Moreover, as per the Municipal Utility Rules and Regulations we feel that we have met the criteria to Establish Proper Service in that: -the existing service line from the street is copper -the new service line from the building to the curb box was per our approved plans and permits -our client requested the new service and paid his fee -the new service line was inspected and approved -the metering device is ready We appreciate your consideration in this matter. Time is of the essence as it has taken nearly two months to try and resolve this issue. Respectfully, I30ARD OP PUI3I,I(", INORK5 Zm. McCollough, V.P. Gary A. Gilot President Elizabeth A. Maradiikk, Member Joseph It Molnar, Member Therese J. Dorau, Member .lord.,, V. Gathers, Member ATTEST: C42111.4 Ci{GYI11t Linda M. Martin, Clerk 0 PA Repair,Center at Ewing/Michigan & Gas Station at 2124 McKinley Avenue 1._� Hana Parkhill <hparkhil@southbendin.gov> Wed 10/30/2019 3:08 PM To. McColloughTim@msn.com <McColloughTim@msn.com> Cc: Charlotte Brach <cbrach@southbendin.gov>; Kyle Silveus <ksilveus@southbendin.gov>; Angela M. Smith <amsmith@southbendin.gov> Tim, Earlier you stopped by to inquire about the storm/drainage standards, which I provided. In summary, Project 1 is an existing muffler repair center where your client wants to remodel the existing building and add gasoline pumps with a canopy. Project 2 is an existing gas station where your client wants to keep the gasoline islands and tear down the existing building then build a new one at a different location onsite. Project 1 has storm retention in place with drywells, and everything at Project 2 sheet flows offsite into what appears to be municipal storm sewers. Much of the existing sites will not be developed, including all ingress/egresses. We also discussed the following: m There is a possibility that the existing buildings at both sites and/or underground drainage structures are tied into the City combined sewers. I provided the GIS maps below. Referencing the City Ordinance, Sec. 17-4 (Drains and downspouts disconnection requirements; limited exceptions), the City is requiring all commercial entities to disconnect before December 31rt, 2020. o The project owners must determine if their site is connected the City sewers. Feel free to contact me with any questions/concerns. a The City recognizes that in certain limited circumstances, this may not be possible or practical for reasons of cost, safety, or feasibility to disconnect the building. In these cases, the building may remain connected and an exemption fee will be charged as a part of the "In Lieu of Disconnect Program". s You wanted to know if there are exceptions to drainage requirements for existing site conditions. Referencing the standards, "the storage and controlled are of excess-stormwaterrunoff shall be required for all developments and redevelopments where Land df5whom is greater than 2,500 square feet"Storm storage must be accommodated for runoff generated in disturbed areas (new hard surfaces and buildings, green infrastructure etc.). • Pre-treatment for the proposed infrastructure at the gas station may be required if runoff from the parking area is discharged into those structures. • You can omit my comment about the possibility of applying for Wellhead Permits through the County, as I verified the sites are not in Wellhead areas. o You will coordinate with our development engineer, Charlie Brach, to discuss utilities connections for the new building at Project 2. Project 1 (Source: Tim M.): Plan Review Date: 2/19/2020 Zoning- CB Address: 2124 MCKINLEY AVE Project- Convenience Store/Gas Station Owner: 2124 MCKINLEY PROPERTY LLC Project Type: New Building / Demo Architectural Engineer: Barr Phone: (574)294-2227 Email: Structural Notes- 12/18/19 No Issues at this time Inspector- RJames Signature: Released? [D fl, HVAC Notes: 12/18/19 kitchen EQ layout needed 01/08/20 no issues at this time Inspector: mwirt Signature: Released? D r"` Electrical Notes: 12/19/19 No issues at this time Inspector: LGorden Signature: Released? 0 Notes: 1/9/20 No issues at this time 12/19/19 cleanout on discharge of grease trap. Inspector: bstigner Signature: Released? Notes: 2/19/20 Need emergency pump shut of location on main building not canopy 1/8/20 Locate emergency pump shut off 12/18/19 Show emergency pump shut off Inspector: LStein Signature: Released? E] Notes: 2/21/20 - Engineering comments have been addressed. Engineering recommends release of the Building Permit. 1/10/20 Engineering is awaiting revised site plan and drainage plan addressing comments provided to the designer. Curb, sidewalk and street patching need to be done to City Standards, and sod should be used in the tree lawn. We would like to see the width of the south approach on Ironwood reduced as much as possible. We need to see a geotechnical report for the basin, as this will impact the drainage design. Engineering will need to collect review fees for this site ($50 final site plan and $150 drainage). 12/20/19 Engineering review is underway. Engineering will need to collect review fees for this site ($50 final site plan and $150 drainage). Inspector: CBrach Signature: C% Released? x Area Plan Notes: 12-20-19- Note that the following comments MAY not be relevant if permit is not obtained prior to January 1 st, and at this point the approval of the Area Plan Commission will no longer be necessary: Not approved- foundation landscaping needed along the north and east facades and dumpster enclosure. If the 6' fence is intended as a residential bufferyard landscaping alternative, where permitted (see Community Investment comments below), additional information is needed. Otherwise, 5 additional evergreen trees are needed to the south and 7 are needed to the west. Inspector: SKlein Signature: Released? r` Notes: 1/6/20 - OutstandingAPC and DCI comments addressed. Released upon payment of $100 ILP fee. 12-18-19 - Fence on south property line cannot be 6' for the entire length of the property. A solid fence located in the front yard cannot exceed 3'. Inspector: Angela Smith Signature: Released? xW 2/25/2020 3:02:40 PM Construction $443-61o000000""11111111"W PJERMIT,5734-f-111 NOTIC Check 1680 $648.61 Yleyva 29261 CONSTRUCTION St. Joseph County and City of South Bend Building Department (574) 235-9554 DATE: 2/25/2020 PERMIT NUMBER: BD20000752 ADDRESS: 2124 MCKINLEY AVE, S of McKinley W of Ironwood CONTRACTOR: MC COLLOUGH-SHOLTEN CONSTRUCTION, INC. PERMIT TO CONSTRUCT: New Building Lot No. Add1n. 192 JEFFERSON HEIGHTS 2ND ADD 2124 MCKINLEY PROPERTY LLC Owner's Name Phone 2124 McKinley Ave South Bend, IN 46617 Owner's Present Mailing Address/Email Zoning C Twp. PORTAGE Multiple Unit Count Valuation $667,091.00 Height Acreage .54 018-5051-1824 ABZA Date: State No. 412740 Front Rear Side . ... . ...... Building Permit Fee $443.61 Contractor IVIC COLLOUGH-SHOLTEN CONSTRUCTION, INC. (574)294-2227 mscjohns@hotmail.com Electric Permit Fee Contractor Plumbing Permit Fee Contractor Heating Permit Fee Contractor Subtotal $ 443.61 Penalty $ Total $ 443.61 Electronic yleyva X - Signature Charles C. Bulot - Building The person or contractor listed above hereby certifies that the statements contained herein are true, and correct and in consideration of the granting of the permit agree to save St. Joseph County and City of South Bend harmless from any and all damages and agree to perform the work covered by this permit in conformity with the laws of the State of Indiana and ibe Ordinances of St, Joseph County and the City of South Bend, Indiana. I agree to call for an inspection approval before any concrete is poured for footings and walls, or any fram4ig, electrical, plumbing, or heating material is Covered. I understand that a Final Inspection may be necessary and a Certificate of Occupancy shall be issued prior to occupancy being allowed. I also understand that this is only a Building permit. Separate permits are to be obtained .for any heating, ventilation, air conditioning, electric or plumbing work. Understanding of the laws and rules regarding this permit is certified by applicant's signature above. This permit is valid for two (2) years provided that work is started within six (6) months from the date of issuance, or as determined by the Building Department. This Placard must be posted until project is completed. Failure to comply will result in a citation and fine. INIATER 110f1ply; CoLlInCIFF FIR RECEIPIT Date: ON 0 CK RecQuad Ad4fv*4 of Comm fIJAZ Sarvlbo 01$00000ued' NO ConVoctoslu 31 C r Loc # LGR: LORD. f5clAcIll EST, 7 lleptcactQr'%S Phone 4: H (7' L4 93 2 SOUTH SEND VVATER VvOilh(lf3i "I rx� DEPARTMENT OF PUBLIC WORKS Excavation Permit No.: 3920 Date Issued 5/27/2020 Contractor Name Clarkco, Inc Excav Exp 6/26/2020 Contractor Phone 574-862-4323 Address 2124 McKiniey Avenue Connection Type Sanitary Sewer Inspector Name Lon fe� ll -v Size of Cut Unk Inspector Phone (574) 286-9589 Issuer LAH Comments Ingaall w r to new Mgrgdhona ui in OFFICE OF THE CITY ENGINEER, South Bend, Indiana certifies that the above contractor, having an approved excavation bond on file with the Board of Public Works is granted a permit to excavate into the City Right of Way in front of the above address. Said work to be performed under Provisions of the South Bend Municipal Code Chapter 18, the current Department of Public Works Design and Construction Standards, and the Department of Public Works Prevailing. Specifications. THIS EXCAVATION PERMIT IS NON -TRANSFERABLE AND ITS ISSUANCE SUBJECTS THE NAMED CONTRACTORIPERMITTEE TO ALL APPLICABLE RULES, DUTIES AND OBLIGATIONS IMPOSED BY THE CITY OF SOUTH BEND MUNICIPAL CODE AND TO ALL REGULATIONS IMPOSED BY THE SOUTH BEND BOARD OF PUBLIC WORKS. VOID IF CONTRACTOR HAS NOT STARTED WITHIN 180 DAYS —CONTRACTOR IS TO CALL INSPECTOR FOR INSPECTIONS 24 HOURS PRIOR TO EXCAVATIONf1' Location: Outside Roadway No. of Cuts: Amount Due: Contractor signature Payment Type: InviC Paid by Check No. Printed Name ._. ST. JOSEPH COUNTY CITY OF SOUTH BEND BUILDING DEPARTMENT Permit #: BD20000752 Date: 6/23/2020 Address: 2124 MCKINLEY AVE General Inspection Township: PORTAGE City: South Bend Item 1 : Misc. Plumbing See Notes Complete: Yes Notes- -water service ok. Follow Up: No 'Pictures (if included) begin on page 2' E tr 7�it t 4i Y c 1cr car17 77s r amen s cr a ONSTt O",11conj must D'A r�, t &t i�' 0ara1taas f "^ cpt fiV N rif i � t lei r� drill IU`) = 1 PD, �a ! rr -esdk�faa;tdCRCit7t W yp , � irra 9 t ofrapn t'o s rVM islil ci. a. a fit; d h 3 � %C'.:`�„ tr�rJrnr �,y BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/23/20 Name Ken Smith Department Utilities BPW Date 10/8/20 Phone Extension 6108 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ and Inclusion Officer Officer Name BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Professional Services Agreement ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. ® Other: Appeal ❑ Contract ❑ Proposal ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Award ❑ Reject Bids/Quotes ❑ C/O & PCA No. ❑ PCA ❑ Traffic Control ❑ Resolution ❑ Ease./Encroach Reauired Information Company or Vendor Name McCollough Scholten Construction Inc. ❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ❑ No Yes MBE MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name Project Number Funding Source N/A Account No. Amount Terms of Contract Purpose/Description Appeal for water service for 2124 McKinley Avenue. Requesting permission to reconnect a service line, as prohibited in Section X, paragraph F on page R outlined in the SBMU Rules and Regulations. Appeals must be brought befor( the Board of Public Works. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Combletion Date: