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Elkhart Board of Public Works approves bids, utility transfers and contract changes; tables parking permit

5445639 · January 21, 2025
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Summary

The Elkhart City Board of Public Works on Tuesday approved claims totaling $6,746,570.74, authorized a $3 million transfer into capital outlay, advanced multiple bids and contracts for public-works projects, declared an emergency sewer repair and supported a change to local wastewater limits while tabling a right-of-way parking permit.

The Elkhart City Board of Public Works on Tuesday, Jan. 21, approved the claims docket totaling $6,746,570.74, authorized a $3,000,000 transfer of interest income from the general fund into capital outlay, approved multiple bid advertisements and contract awards, and supported a change to the city’s wastewater utility use ordinance while tabling a revocable right-of-way parking permit for a Linde Gas & Equipment site.

The actions affect public-works projects (including a new Fire Station 6), ADA curb-ramp work, street resurfacing tied to Community Crossings matching grants, utility fund transfers for water/wastewater/stormwater, and several pretreatment enforcement items. Board members also declared an emergency for a sewer collapse on Hubbard Avenue and authorized repairs.

Why it matters: The board’s approvals move several capital projects toward construction and adjust utility fund flows for 2025. The board’s authorization to accept an amended merchant-processing arrangement for the city’s utility payments is projected by staff to reduce annual credit-card fees by about $300,000. A number of environmental-enforcement penalties and permit renewals also set compliance expectations for local industries.

Claims, transfers and finance Erin (deputy controller) presented the claims docket of $6,746,570.74 and flagged line items including January trash services ($199,335.21), tolls/attorneys payments (~$350,000), and American Rescue Plan related claims totaling $330,115.38. The board approved the claims and a $3,000,000 transfer of interest income from the general fund to capital outlay, described by staff as the second half of a previously appropriated transfer.

Utility operations and transfers The board accepted the water utility monthly operations report for December 2024 and approved the 2025 transfer schedule for the water, wastewater and stormwater utilities. Tim Reeser (assistant director) said the schedule transfers billed revenue into operating and capital funds for 2025 and that staff will reevaluate midyear if revenues exceed forecasts.

Credit-card processing for utility payments Staff reported that Global Payments agreed to place the city back onto a utilities discount program that applies to Visa, Mastercard and Discover merchant rates for public utilities. Tim Reeser and staff said the change requires a signature amendment and will not affect other city departments. Staff estimated the change will save about $300,000 annually; the board authorized the city to accept the client-satisfaction offer and gave Reeser signature authority.

Capital projects and bids - Fire Station No. 6: The board approved bid documents and permission to advertise bid number 25-04 for a relocated Fire Station No. 6 on Ada Drive to replace the cramped existing station near Bristol Street and Oslo Road. Jeff Schaffer (assistant city engineer) said the new station will include three apparatus bays and space to stage an ambulance. The board authorized advertising the project.

- ADA curb ramps (25-06): The board authorized advertising the city’s 2025 ADA-funded curb ramp replacement project. Jeff Schaffer said an increased council appropriation expanded the project budget and also will allow the city to address ADA barriers inside some public buildings. Public works has purchased a sidewalk grinder (procured for < $20,000, replacing prior annual grinding contracts near $60,000) and will also seek a trailer to move it.

- Street resurfacing and paving (25-07, 25-08 and related): The board approved advertising for the 2025 Street Department resurfacing projects and contract paving project No. 1 (bid 25-08), which includes resurfacing Bristol Street (Cassopolis Street to Oslo Road) and portions of Park 6 Industrial Park. Jeff Schaffer said the city received Community Crossings matching grants and remains a 50/50 match for the program at the city’s size. Staff also said Stevens Avenue could be a full reconstruction candidate in a future CCMG round because the existing concrete is “granite based” and not suitable for milling.

- Street materials bid award correction (25-01): The board amended a prior street materials award to include a contractor that had been inadvertently left off the tabulation. The award was ratified at the submitted unit prices.

Right-of-way permit tabled Staff presented a revocable right-of-way permit request to allow perpendicular parking and concrete placed partly in the right of way at Alma Street for the property occupied by Linde Gas & Equipment (previously Praxair). Public-works staff said the company submitted an application but the submitted form was signed by the contractor rather than the property owner; staff also recommended conditions that would hold the owner responsible for drainage problems and that the owner sign the revocable-permit form. The board voted to table the item to allow the applicant to submit the corrected signature and for staff to verify striping and other conditions.

Driveway permit application and bond schedule The board approved revised driveway permit application documents and updated bond amounts recommended by engineering staff. Changes include a clear requirement for pre-pour inspections for sidewalks and driveways placed in the right-of-way, restructured bond amounts (small residential minimum reduced to $200; larger residential and commercial bonds increased in specific categories), simplified final approval signature and additional internal housekeeping fields to ensure bonds are returned to the right party.

Oakland Avenue Force Main payment The board ratified partial payment request No. 19 to CNE Excavating in the amount of $492,439 for December work on the Oakland Avenue Force Main Phase A (SRF loan projects referenced). Jason Simnick (project manager) said the contractor plans to start mid-February and projected final completion around November 2025, pending coordination with utility relocations.

Emergency sewer repair The board declared an emergency to address a sewer collapse and roadway sinkhole on Hubbard Avenue adjacent to Oakland. Martin Offsinger (public works and utilities) said crews found extensive collapsed clay piping about 15 feet deep; CNE Excavating performed repairs and will return when weather allows to restore the roadway.

Lab floor replacement The board authorized a $27,004 contract with Innovative Spaces to replace worn tile with epoxy flooring in the main laboratory area; staff said the work was budgeted and the department will stage work to keep key lab functions operating during the replacement.

Wastewater local limits and pretreatment enforcement The board approved Resolution 25-R-01 supporting an amendment to the city’s wastewater utility use ordinance to update “local limits” (the pollutant limits applied to significant industrial users). Bridal Crest (regulatory compliance manager) said the federal rules require periodic review of local limits; staff said only a few pollutant numeric limits changed and staff will notify industrial customers and follow with permit updates.

The board also handled multiple industrial-permit renewals and enforcement items from pretreatment staff (motions below). Notable enforcement action: the board found the Simonton Lake Conservancy District in violation after hydrogen sulfide (H2S) monitoring exceeded the local limit and assigned a $1,500 penalty; Simonton Lake representatives said they perform continuous monitoring and are coordinating with city staff to align sampling methods and locations.

Equipment purchases The board approved several equipment purchases for central garage and street operations: a 2025 John Deere loader (net $314,719.44 after trade-in), a 2025 Manitou telehandler (net ~$80,000 after trade-in), and authorization to purchase two tandem-axle plow trucks through a cooperative contract (board approved $643,964 pending final verification of the contract amount).

Administrative items The board accepted two driveway permits and two bond releases, approved renewal of the Elkhart Art League lease through Feb. 2026, accepted uniform conflict-of-interest disclosure statements from several officials (one board member abstained on the vote), and approved multiple event/use permits for spring and summer community events (Frosty 5K, MLK March ratification, Girls on the Run, police 5K, National Day of Prayer, and weekly "rebuilding the altars of prayer" events).

Votes at a glance (motions and formal outcomes) - Approve agenda: carried. - Approve claims and allowance docket $6,746,570.74: carried. - Approve Board of Works minutes (Jan. 7): carried. - Approve Resolution 25-R-02 (SRF loan program signatory authorization): carried. - Grant permission to advertise bid 25-04 (Fire Station No. 6): carried. - Grant permission to advertise bid 25-06 (2025 ADA-funded curb ramp replacement): carried. - Grant permission to advertise bid 25-07 (Street Department resurfacing curb ramp replacement): carried. - Grant permission to advertise bid 25-08 (contract paving project No. 1): carried. - Approve amended award of bid 25-01 (Street Materials 2025): carried (added a contractor omitted from tabulation). - Revocable right-of-way permit for perpendicular parking at Alma Street (Linde Gas & Equipment): tabled pending corrected signature and conditions. - Approve revised driveway permit application and bond schedule: carried. - Ratify partial payment request No. 19 to CNE Excavating $492,439 (Oakland Ave Force Main Phase A): carried. - Accept water utility monthly report for Dec. 2024: carried. - Approve 2025 transfer schedule for water/wastewater/stormwater utilities: carried. - Approve client satisfaction offer and authorize Tim Reeser to sign (Global Payments utility merchant rates): carried. - Declare emergency: Hubbard Avenue sewer main repair (1/7/2025): carried. - Authorize contract with Innovative Spaces for lab floor replacement ($27,004): carried. - Approve Resolution 25-R-01 supporting amendment to wastewater utility use ordinance (local limits): carried. - Issue 5‑year industrial wastewater discharge permit to Continental Industries (permit 2003-01): carried. - Renew Earth Movers landfill industrial wastewater permit (2009-01): carried. - Find Simonton Lake Conservancy District in violation of wastewater use ordinance; penalty $1,500: carried. - Amend Bimbo Bakeries penalty from $1,500 to $500 (calculation error): carried. - Amend JBS Prepared Foods penalty from $500 to $250 (calculation error): carried. - Find Winona Powder Coating Inc. in violation for missed monitoring; penalty $400: carried. - Find Lippert Components (plant 58) in violation for zinc exceedance; penalty $500: carried. - Find Elkhart Environmental Processing in violation for missing monitoring; repeat offense penalty $2,500: carried. - Ratify 2 driveway permits and release 2 bonds: carried. - Approve purchase of 2025 John Deere loader (trade 2012 Hyundai) net $314,719.44: carried. - Approve purchase of 2025 Manitou telehandler (trade 2002 New Holland) net ~$80,000: carried. - Approve purchase of two tandem-axle plow trucks (WA Jones) pending price verification ($643,964 amended motion): carried. - Accept uniform conflict-of-interest disclosures and place on file: carried (one abstention recorded). - Approve lease renewal with Elkhart Art League through Feb. 2026: carried. - Approve listed special-event use permits (Frosty 5K and others): carried.

What’s next Several items return to the board or advance to the council: the SRF signatory resolution enables loan applications for wastewater and drinking-water capital projects; the wastewater-ordinance amendment will be presented to council for readings in February–March; the Linde right-of-way permit was tabled so staff can obtain a properly signed application and clarify striping and drainage conditions.

The board adjourned after public participation closed.