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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 5 The use has become regular so it hasn't changed to become a non -conforming use. A hardship could exist if the applicant was not granted what is enjoyed by the other parties which is shown in the pictures that were entered into the record. The public hearing was closed by Mayor Morgan at 8:15 p.m. Mayor Morgan will abstain from voting on any decision because he works at the same company Dean Johnston does. M/S/P Morgan/Dunn-to delay a decision on granting a variance to Dean Johnston at 8200 Hill Trail North until the City Council Meeting on January 7, 1986. (Motion carried 5-0). 6. CITY ENGINEER'SREPORT A. 201 Program - Bid Update City Engineer Bohrer reported that bids were solicited for a second time and only one bid was received. The bid was from Lee's Construction Company of Isanti, Minnesota, for a total of $12,900.00. The City Engineer explained that the bid exceeded the $10,000.00 maximum which is allowed by the MPCA under these streamlined procedures. Bohrer stated that, in his opinion, the Keane septic system was the least severe hardship since the Keanes have vacated the house. Bohrer has contacted Mr. Keane, and he has agreed to allow his name to be deleted from the emergency list. The contractor has also agreed to delete the work at the Keane residence. Bohrer reported that the MPCA has given their verbal approval to awarding the work, therefore, the Engineer recommended that the work involved in replacing the septic systems at 9199 Jane Road North, 9369 Jane Road North, and 4611 Birchbark Trail, be awarded to Lee's Construction Company in the amount of $9,400.00. The work at 9359 Jane Road North was deleted. Councilman Christ questioned the high bid price for the work. Bohrer explained that the price is higher than what one would normally expect, but some of the site constraints make this cost so high. These three tanks are probably the most difficult of any because of the high water condition and tight working conditions, i.e., for all three sites the excavation will have to be dewatered in order to install the tanks. Some additional work on the tanks may be necessary in order to avoid flotation. The sites are restricted in that the septic tank delivery truck will not be able to back right up to the excavation, and the contractor will have to carry in the tanks with another piece of equipment. The time of year, winter, also adds to the cost of the work. M/S/P Morgan/Dunn - to accept the bid from Lee's Construction Company of Isanti, MN to replace the septic systems at 9199 Jane Road North, 9369 Jane Road North, and 4611 Birchbark Trail in the amount of $9,400.00. (Motion carried 5-0).