08/13/90 Board of Public Works Minutes

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239 REGULAR MEETING AUGUST 13, 1990 and assistance on legal matters relating to the conduct of the ETS Program. these services, up to a maximum of six (6) hours per month, will be available for a fixed fee of $300.00 per month during the 7-1-90 through 6-30-91 period. Legal services exceeding the $300.00 monthly limit may be available at a rate of $50.00 per hour pending the approval of the ETS Board of Directors. Mrs. DeClercq made a motion that the Agreement as submitted be approved. Mr. Leszczynski seconded the motion which carried. APPROVE AMENDMENT TO EASEMENT AND RIGHT-OF-WAY Board Attorney Jenny Pitts Manier advised the Board that Niemann Foods, Inc., is in the process of building a grocery store on property affected by an Easement and Right -of -Way approved by the City on October 31, 1973 and has therefore requested an Amendment to that Easement and Right -of -Way Agreement. Mrs. Manier noted that the City does have a utility Easement on the property as described in the Amendment and that Niemann Foods is concerned about the placement of their footings and foundation and whether the City would allow placement of additional utilities in the Easement that would interfere with their construction. The Amendment submitted today indicates that the City agrees not to allow placement of additional utilities, other than the utilities already in place in the Easement. Mrs. DeClercq made a motion that the Amendment to Easement and Right Of Way as submitted be approved and executed. Ms. Humphreys seconded the motion which carried. APPROVE SENDING OF NOTICE OF VIOLATION - MONARCH CLEANERS Mr. Leszczynski advised that pursuant to requirements of its pretreatment permit, Monarch Industrial Towel & Uniform, 812 Wilbur Street, South Bend, Indiana, has failed to provide the City with required reports on a timely basis. He noted that a Notice of Violation letter has been prepared for Board execution which will be sent to Monarch advising them that they have fifteen (15) days in which to respond in writing to this charge. In response to a question of what further action might be taken in this regard, Mr. Jack Dillon, Director, Environmental Services, stated that the City could pursue fines in this matter as well as discontinuation of service. Board Attorney Jenny Pitts Manier informed the Board that further action in this matter could also include a Hearing regarding the possible revocation of the discharge permit. She noted that the The Notice of Violation letter to Monarch is the City's attempt to solve the problem though this administrative technique by notifying them of the violation and the City's requirement that they respond within fifteen (15) days as to their plan to comply. Therefore, Mrs. DeClercq made a motion that the Notice of Violation letter to be sent to Monarch Industrial Towel and Uniform be approved and executed. Mr. Leszczynski seconded the motion which carried. APPROVE CONTRACT RATIFICATION - EMERGENCY SEWER REPAIR Submitted to the Board was a letter from Mr. Jack Dillon, Director, Environmental Services, advising that on July 30, 1990, the sewer located at Olive and Lincolnway West collapsed creating an emergency and necessitating immediate repair. An examination of the extent of the collapse indicated that it was immediately necessary to replace the collapsed sewer, and that the overall and continued integrity of the sewer system at or near the site required the replacement of the cracked sewer pipe into which the collapsed sewer pipe connected.