Loading...
HomeMy WebLinkAbout09-23-1996 Council Minutes.*am. .V ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 23, 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward J. Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, and JoEllen Hurr. Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, City Engineer Glenn Cook, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:02 p.m. ( * #1) CONSENT AGENDA Items 98, 11, 14, and 15 were added to the Consent Agenda. Hurr moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES (42) REGULAR MEETING OF SEPTEMBER 9, 1996 • Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of September 9, 1996, Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS No Park Commission member was present at this time. PLANNING COMMISSION COMMENTS Planning Commissioner Stoddard had no comments. PUBLIC COMMENTS Lloyd Fairbanks, 95 Willow Drive North, informed the Council that the culvert he reported problems with at the June meeting has been ground down and the road blacktopped within two weeks after his request. He wished to express his appreciation for the quick response. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ZONING ADMINISTRATOR'S REPORT ( * #3) #2101 CHARLES W. HONMEYER, KENNETH B. ROLLAND, AND JEFFREY A. BOWEN, 4119, 4125, AND 4127 OAK STREET - VACATIONXINAL SUBDIVISION A. VACATION -RESOLUTION #3772 Hurr moved, Goetten seconded, to adopt vacation Resolution 93772 vacating Ridge Place, Clyde Place, and portions of Oak Street as dedicated in the plat of Minnetonka Summit Park. Vote: Ayes 4, Nays 0. B. FINAL PLAT - RESOLUTION #3773 Hurr moved, Goetten seconded, to adopt Resolution #3773 granting approval of the final plat of Linden Woods. Vote: Ayes 4, Nays 0. ( #4) #2135 PAUL HEDLUND/EDNA ALBEE ESTATE, 1575 LONG LAKE BOULEVARD - VARIANCE it at C� The executor to the estate asked that the application be tabled as they were not prepared noting the resignation of their Realtor. Callahan moved, Jabbour seconded, to table Application #2135 to the November 25, 40 1996 meeting of the Council. Vote: Ayes 4, Nays 0. Callahan asked Staff to keep track of what is occurring with the application. Gaffron reported that he had spoken with the Realtor on this date, who informed him that he was no longer representing the applicant. ( #5) #2159 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCE The applicant was not represented. Callahan moved, Goetten seconded, to table Application 92159 to the November 12, 1996 meeting of the Council. Vote: Ayes 4, Nays 0. is 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 • ( #6) #2168 TODD AND DONNA ROOKE, 4190 HIGHWOOD ROAD - VARIANCE - RESOLUTION #3774 Mabusth reported that the application was for a hardcover variance within the 75 -250' setback existing at 55% for a required 30% variance. The variance is for construction of a 12'x16' deck over existing aggregate or hardcover. There is no additional hardcover but it is of a more permanent nature. Mabusth said there was a larger deck on the west side, and the proposed deck is a smaller version. She noted that much of the existing improvements outside of the house itself is in the steep yard area consisting of either concrete or aggregate to control erosion. Callahan asked the applicant if he had received the packet information and was satisfied with the resolution. Rooke said he was satisfied. Goetten said she had no problem with the current application. She did voice concern for a garage being considered. She noted the need for a garage in this climate, but because of the amount of hardcover, the applicant would need to work closely with Staff to meet the required setbacks. Hurr asked if the deck was more important than the garage. Rooke said there was no location for a garage in the front of his property. • Mabusth said the garage under consideration would be behind the 250' setback line. She informed the Council that the applicant is talking with neighbors regarding a rear access so a garage could be located in the back. Callahan commented that the garage was not part of this application. 7abbour moved, Goetten seconded, to approve Resolution #3774. Vote: Ayes 4, Nays 0. ( #7) #2169 MICHAEL RENARD, 1185 TONKAWA ROAD - RENEWAL VARIANCE - RESOLUTION #3775 The application is a third renewal variance for a 4' encroachment to the average lakeshore setback with an addition to the east side of the residence. Mabusth said this addition is smaller than that originally proposed. The current information from a survey confirms a 4' encroachment from the original application of 1 -1/2'. The existing residence does encroach 1 -1 /2' into the average lakeshore setback. is � s MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ( #7 - #2169 Michael Renard - Continued) . Mabusth reported that at the Planning Commission meeting, there was a misunderstanding over the hardcover in the 75 -250' setback. It was thought that the proposal was for 26.7% hardcover in that area, and with 420', or 1.8 %, hardcover removal proposed, the hardcover would then be at 24.9 %. When it was further reviewed, it was found that the hardcover was proposed at 28.7 %. The hardcover is really proposed at 26.7 %, which maintains the existing hardcover amount in the 75 -250' setback. One member of the Commission was of the opinion that hardcover should be held to 25.5 %. With the removal of the shed and walkway, hardcover would be held at 25.6% and the original recommendation was for 25.5 %. Jabbour confirmed that there was a miscalculation in the original application of hardcover. Callahan clarified that the variance has been granted three times, and the applicant wishes to build within the same building envelope. Mabusth said this was true, plus there would be removal of hardcover in the 0 -75' setback area. Callahan moved, Jabbour seconded, to approve the variance removal as previously approved or with less hardcover and removals as stated. The shed would remain. Jabbour noted that Staff and surveyor failed to note the correct hardcover improvements • in the original application. He sees no problem with the current application with the new calculations and asked the motion be amended to reflect approval as currently proposed with the required variance. Hurr asked if the original resolution was at 25.5% and was now at 28 %. Mabusth said the calculation was incorrect and hardcover existed at 26.7 %. The applicant is removing hardcover and will retain hardcover at 26.7 %. The landscape area with plastic at 420 s.f. and 48 s.f of concrete pad in the 0 -75' area will be removed. Hurr questioned the approval of additional structure for non - structural removals. Jabbour responded that the applicant had been granted the variance and the survey was not reflective of what was there. Goetten said the determination was made on what was presented and asked it be made clear what the correct calculations are at this time. Mabusth noted that the stairway structure is allowed due to the steepness of the topography at shoreline. Jabbour noted that the original application calculations were listed by the previous owner, Mr. Copely. Hurr commented regarding the location of the shed 3' from the lot line being non- conforming. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ( 97 - 92169 Michael Renard - Continued) • Goetten said she would not ask for the shed to be removed. She also noted that a previous consideration for driveway reduction was not followed through on as it was found that there would be no area for turnaround. Goetten said she recommended approval as presented. Mabusth noted that the hardcover would be maintained at its current level. Renard said the shed serves an important service as it provides storage area for toys and yard equipment adding that the prior owner did not have children and their accumulative toys. Hurr asked Renard if he would be willing to move the shed to a conforming location. Renard said the current location is fairly aesthetic in a wooded, protected area, out of sight of the neighbor, and preferred not to relocate it. Hurr remarked that the relocation would be consistent with what is asked from others. Goetten said that requirement is primarily used for lakeshore yards but could be requested from a future owner. Jabbour asked if the current resolution accommodates the needs of the applicant. Mabusth confirmed that it did. Jabbour withdrew his amendment. Callahan moved, Jabbour seconded, to approve Resolution #3775 per the Planning • Commission's recommendation. Hurr asked the applicant if he was planning to act with this application. Renard said he was anxious to begin with the construction. Vote: Ayes 4, Nays 0. ( * #8) #2170 LARRY H. NELSON, 3335 CRYSTAL BAY ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3776 Hurr moved, Goetten seconded, to adopt Resolution 93776. Vote: Ayes 4, Nays 0. ( * #9) #2171 MINNEGASCO, DIVISION OF NORAM ENERGY CORP., 530 OLD CRYSTAL BAY ROAD NORTH - RENEWAL CONDITIONAL USE PERMIT - RESOLUTION #3777 Hurr moved, Goetten seconded, to adopt Resolution #3777. Vote: Ayes 4, Nays 0. C MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ( #10) #2172 GERALD AND NANCY BLOMS, 4195 FOREST LAKE DRIVE - • VARIANCE - RESOLUTION #3778 Mabusth reported that the applicant received a lot area variance in 1983 for one of the last undeveloped lots in the Forest Arms Country Club Addition. The applicant is now requesting a structural coverage variance for an addition to a deck to the rear of the residence, 12'x14.5' in size, and a staircase. The lot coverage exists at 15.7% and is proposed at 16.8% for a 1.1% increase. A lower level grade wooden patio was planned, and the applicant was informed by Staff that it did not need to be included in the structural coverage percentage as no railing was proposed and it was located at grade level. Mabusth informed the Council that the only issue lay with a recommendation from Planning Commissioner Hawn regarding limiting future structural coverage. Hawn said she did not want the recommendation included in the resolution but only noted in the minutes as this was the only variance requested. Mabusth said the applicant felt such notation would have a detrimental impact on future sale if so noted in the resolution. A letter received from Bloms regarding the structural coverage amount for the property was reviewed. Mabusth asked Council if such a limit to structural coverage should be noted. Callahan noted that such comments have been included in the past. Mabusth said it was usually recommended when variances were excessive such as with hardcover. Hurr moved, Jabbour seconded, to approve Resolution #3778 with no notification of is structural coverage limitation. Goetten informed Bloms that the reason such notations have been made is because applicants are seen again and again to add more to their properties. As a result, without such information of record, future Councils are unaware of such concerns having been voiced. Bloms said the code regarding structural coverage was explained to her by Mabusth but it was her opinion that her property was the least covered with structure. Goetten asked that Bloms appreciate the reason behind the code. Bloms said the code was inappropriate to her property and asked that no notation be made adding that she had been surprised that the percentage allowed for coverage on her lot. Callahan said no one on the Planning Commission felt the variance should not be granted. Vote: Ayes 4, Nays 0. ( * #11) #2173 CHUCK DOWNEY /GARY HEGENES, 2675 SHADYWOOD ROAD - VARIANCE - RESOLUTION #3779 Hurr moved, Goetten seconded, to adopt Resolution #3779 granting a structure -to- structure setback variance and requiring hardcover removals for Bennett C. Downey and Gary Hegenes at 2675 Shadywood Road. Vote: Ayes 4, Nays 0. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ( #12) REQUEST FOR SEWER - JOHN MARESH, 2085 SIXTH AVENUE • NORTH Gaffron reported that the Council had directed Staff to review the septic concerns brought forward by Mr. Maresh at the June 10 Council meeting, and Staff met on site with the applicant. He reported that the house is on a 2 -1/2 acre parcel purchased in 1987. An adjoining vacant lot is also owned by the applicant. A potential septic site was tested to the southwest of the house in a treed area requiring removal of a large number of trees. The applicant then received a second opinion and was told that the site included depressions made from previous tree removals and would technically not meet the requirement. The only option would be for an "experimental" mound system, which would result in a financial responsibility to the property owner only if the system failed. There is no other suitable site within the homestead lot. Gaffron said there are a potential of two to three septic sites on the vacant lot. This location is not desired by the applicant, who requests that sewer be provided to his homestead property. Another option is the combination of the homestead and vacant lot parcels. This would require a lot line rearrangement as only a portion would be taken of the vacant lot with the homestead parcel but leaves a lot that is less than the required 2 -acre minimum. • Gaffron said the applicant prefers to receive sewer from the east with the extension of the sewer in the Lakeview Terrace neighborhood. The line would have to be extended about 200' to 250'. The line possibly could run under Brown Road with an easement over the vacant lot. Gaffron said the City hopes to gain sewer to this neighborhood in 1997. This request would technically require a subdivision according to Gaffron, but with an easement, it would not affect the buildability of the lot. Because it is vacant, however, the lot does not meet the criteria to be considered for one of the undefined 50 sewer units. Gaffron said if the City denies the request for sewer, the applicant would be left with the option of the experimental mound system or pursue another option. Callahan confirmed with Gaffron that the vacant lot is now 2 acres and would not be conforming with the lot line rearrangement suggested. Callahan questioned the financial responsibility of an experimental mound system noting that most homeowners are already responsible if their septic systems fail. Gaffron agreed but noted that others usually have alternate sites and the evaluator usually stands behind their recommendation. In the case of an experimental mound system, there is no recourse. Callahan noted that this does not have anything to do with the septic's ability to work. Gaffron said the possibility of failure is there due to the site having previously been disturbed. Hurr asked about the first opinion received noting an available septic site. It was questioned whether the second opinion or another opinion is necessary. 40 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ( #12 - Request for Sewer - Continued) Goetten asked who created the vacant lot. Gaffron reported that the City approved it in • 1987. Goetten said she then had no question regarding this issue since the City deemed it as a buildable lot, the applicant should not be asked to combine the two lots. With the upcoming availability of sewer to the area and with the additional cost born by the applicant to bring the sewer across the street to his property, Goetten recommended that this option be considered. Hurr said she disagreed noting the sewer line has to end somewhere. Hurr said the City did not create the problem and the applicant had the option for an alternate site on the vacant lot, the experimental mound system, or the rearrangement of the lot lines. Maresh said the present system is failing, and the new codes have created a problem with the high water table and ponding requirements in the ordinance. Maresh said the lot was originally a tree farm and has an intense growth of trees. He noted that S -P Testing found depths shallower than 12" outside the intense tree growth area. SMI Testing had tested in the midst of the forest area where the septic would not be desirable. Maresh said Steve Weckman also took several borings which were less than 12 ". He also asked Weckman to take borings on the sites tested by S -P and very few met the requirement. In the dense forest area, there was found to be only 6" separation. An alternate, less dense site, also did not meet the requirement. Maresh continued that he was informed that the experimental mound might not work and would be more costly with the need to double the amount of sand. If that system failed and have to be rebuilt, there would be even more expense involved. He noted that sewering was more expensive but would be of a permanent nature, one that would not have to be repeated. He also noted that he did not purchase the vacant lot at the same time as the homestead lot and should not be required to combine the two lots to gain a septic site. In reviewing the vacant lot, Maresh said there was a dense forest area in the portion of the lot off of CoRd 6 across from the Trinity Lutheran Church. He said the south side of the lot was not adequate as it was used for drainage and wet in nature. A house site for the vacant lot is to the south side and had only two septic sites available without invading the tree forest. He added that the experimental mound system would come back to haunt him if required. Jabbour asked if the sewer unit could be considered as an extension of the MUSA line. Gaffron said it would have to be an addition through a future amendment once the 50 units were reached. Jabbour said he was sympathetic to the problem of the applicant but recognized the other 600 non - conforming septics within the City. He was concerned with the additional costs involved and opening the door to other residents asking for sewer. Jabbour voiced concern with the affordability factor also. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 • ( 912 - Request for Sewer - Continued) Hurr said there are septics within the City that will be failing and do not have any other option such as Maresh now does. She said the City was not committed to making sewer available to those lots of 2 acres in size. Hurr said the undefined sewer units need to be saved for those without any other option available. Goetten said she would not consider the possibility of sewer except that the sewer line would be running next to this property. Maresh said he would not be applying for sewer if the sewer was not in close proximity to his property. Hurr noted that there will be no option for other properties along West Farm Road and to the south. In responding to Jabbour's comments about cost, Callahan said the applicant would be required tcq pay for the sewer from the point where the sewer plans to stop to the applicant's house. Noting the location for building a home on the vacant lot and maintaining a buffer of trees, Callahan asked what effect the sewer would have on the building site if it ran across the middle of the lot. Gaffron said there would be an impact and an easement would be required. Callahan commented that there was merit to the suggestion of what will happen with 600 non - conforming septics and only 50 undefined units available. He suggested tabling the matter to see the results of the feasibility study, waiting until sewer was closer to reality, • and knowing what the priorities are in relation to sewering. He did agree with Goetten that the applicant should not have to give up a buildable lot, while noting that this might not necessarily happen. Callahan did note that the applicant would have to pay for the sewer. Callahan said he assumed that the applicant's system will function until such time as these questions are answerable. Maresh said he would have to pump his system. It was his intent to make it known that his lot was substandard and the remedy would be expensive. Maresh said he estimated the cost of tree removal at about $4,500, $3,000 for sand, and $18,000 total for what would be a questionable septic. He said he did understand that sewer was expensive. Callahan suggested no action be taken at this stage. Once the plans are drawn for sewer, the City will have more of a handle on who will require the 50 undefined units. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ( 912 - Request for Sewer - Continued) Jabbour asked Cook to give an approximate cost for sewer to Maresh. Cook said the cost of installation would be similar to other units. The cost to run the line to the applicant's house would be approximately $20,000 with an additional $3,000 for hook up. Jabbour added that with the $16,000 per unit project assessment, the cost would be at a total of about $40,000. Cook said if the applicant was included in the project and included in all of the numbers, then the total cost for the units would be divided by the number of units for his cost. Jabbour said it was his understanding that the applicant would have to absorb the additional costs involved. Jabbour considered the calculation to be a cost as part of the total project plus an individual cost to carry forth the line to the applicant's home. Cook said that would be another way of looking at it. Callahan said others should not have to pay part of the sewer cost for Maresh. Hurr noted that there would be other costs than just that of bringing the line to his home as he would have to pay for part of the total project as well. From the discussion and differing viewpoints, it was determined that the cost calculation would have to be reviewed in order to arrive at the cost for sewer to the Maresh residence. Hurr moved, Jabbour seconded, to table the request for City sewer until the determination was made for use of the 50 undefined units. Vote: Ayes 4, Nays 0. • Callahan noted the uncertainty of the costs involved. He said the feasibility study is being performed while the City is awaiting word from the Met Council. There is a time frame • question. Maresh noted the upcoming meeting of his neighborhood regarding sewering. MAYOR/COUNCIL REPORT Mayor Callahan reported that the highway department is holding a public information meeting on September 30 to discuss the corridor selection for Hwy 12. Callahan said it has been years since the Council has formally reviewed its position regarding Hwy 12 and feels the State is now closer in its position to that of the City. Callahan asked that a public hearing be held to allow residents comments and the position of the Council clarified. He suggested the Council agenda for October 14 reflect this hearing and asked that zoning issues be eliminated as well as Park Commission and Planning Commission comments due to the probable length of the public hearing. Mabusth said all of the zoning applications were heard at this meeting so there would be no problem from a zoning standpoint. Callahan also asked that additional notices regarding action by the Council on this subject be made known to the public. Jabbour reported that Mn/DOT held a meeting to brief those interested on their present plans. Questions which arose were why the 4 lane option was eliminated, and why Watertown Road was eliminated. Jabbour said it was noted that CoRd 6 was a very integral area for access in and out of the City, and the intersections of North Brown, Willow, Old Crystal Bay Road, and the new Watertown Road were critical. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 • (Mayor /Council Report - Continued) Hurr reported that work was progressing on the Maxwell Bay access. It is not yet opened but the lot has been black--topped, striped, and sodding will occur soon. She was pleased with the progress made. Jabbour acknowledged his appreciation for the assistance given by Moorse to the resident who requested landscape screening around the satellite enclosure at Maxwell Bay access site. Callahan asked that the citizens be formally recognized for the evergreens they planted around the Crystal Bay Post Office. He also asked that Steve Peterson be formally recognized for his contributions to the City at the October 28 Council meeting. Moorse noted that .a plaque was being prepared. Goetten commented that the land use committee for the Met Council is proceeding slowly. ENGINEER REPORT ( #13) BID AWARD - OLD CRYSTAL BAY ROAD BIKE /HIKE TRAIL • Moorse reported that the bid for construction of the trail is in two parts; one being the trail segment south of the Burlington Northern Railroad bridge, and the other being the trail segment north of the Railroad bridge to Kelley Parkway. The bids were written to enable the City to choose what portion of the trail work should be included in 1996 as there is a limit of $100,000 for spending on the trail. Moorse said Staff is ready to award the bid but needs direction from Council as to what amount should be spent in 1996 and how far the trail should go during this time period. • Callahan inquired about the quick take proceedings. Moorse said they have been initiated, but the easements would not be available for this year's construction season. Of the four easements necessary, one has been obtained. Two other residents have said they are not opposed to the trail itself and may settle in time for construction this year. The other resident is opposed to the trail but is meeting with Staff to discuss the easement. Callahan was informed by City Attorney Radio that the quick take process requires a 90 day period. Hurr commented that she had understood action was taken in June regarding the easements. Callahan informed her that the matter was discussed at the last Council meeting. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ( #13 - Old Crystal Bay Road Bike/Hike Trail Bid Award - Continued) • Callahan said he was astounded at the cost of $53,000 for the trail construction from Kelley Parkway to the end of the City property. Cook said there was storm sewer involved in order to get across the roadway and in the low area as well as clearing. Cook also noted that the cost was an estimate and expects the actual cost to be less. Moorse said the trees to be eliminated have been identified. City employees will also be used for filling and grading to lower the cost. The contractor will do the trail only. Hurr suggested the employees also construct the culvert. Callahan asked what part of the trail should be constructed. Hurr noted that the easements were not acquired south of the railroad bridge. Goetten suggested starting north of the Railroad bridge to Kelley Parkway; Jabbour agreed. Callahan informed the Council that Park Commission Chair Flint suggested the trail end at the teen center. He noted that school permission would be required. Moorse said the school's permission has already been given. Callahan asked that the trail plans be extended to the teen center. Cook said the trail could be constructed from Kelley Parkway to the school property, except for the paving, and could be added by change order. Hurr moved, Jabbour seconded, to direct that if the easements cannot be acquired to construct the portion of the trail south of the railroad bridge in 1996, Staff is to proceed with the trail construction north of the railroad to Kelley Parkway and on to the teen • center and to award the bid in the amount of $164,136 to Buffalo Bituminous. Cook noted that the bid would include the whole segment and could be done before next June. Callahan asked Cook if there was the ability to retract the bid if necessary. Cook said this could be done. Goetten asked that the actual cost of the trail be given to the Council as well as the cost from Kelley Parkway to the school property. Cook said he would have a change order at the October 28 Council meeting. It was noted that the bid award amount includes the construction north of the Railroad bridge to Kelley Parkway. Engineering costs are separate. No construction will take place south of the Railroad bridge until more information is obtained regarding the easements. City Attorney Radio cautioned that once the 90 day time period has been reached, the City will own the property and must pay for it. Callahan said the Council has been trying to obtain the property. Vote: Ayes 4, Nays 0. 12 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 • ( * #14) PAYMENT REQUEST #3 - WILLOW DRIVE RECONSTRUCTION PROJECT Hurr moved, Goetten seconded, to approve Pay Request 43 for the Willow Drive project in the amount of $40,550.86. Vote: Ayes 4, Nays 0. ( * #15) PAYMENT REQUEST #1 - LIFT STATION #28 RENOVATION Hurr moved, Goetten seconded, to approve Pay Request Al for the lift station 428 renovation project in the amount of $5,061.89. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #16) APPOINTMENT OF ALTERNATE TO CABLE COMMISSION Moorse said this was a follow through to a request made by an Orono resident who has volunteered his time and effort to serve on the cable commission during this time period of franchise renewal. Fred Blanch has offered his services as an alternate to provide the benefit of his background. Hurr moved, Jabbour seconded, to appoint Fred Blanch to a one -year term as an alternate member to the Lake Minnetonka Communications Commission, effective • September 23, 1996. Vote: Ayes 4, Nays 0. ( #17) FOOD -GRADE HYDRAULIC FLUID FOR FLOOR HOISTS IN PUBLIC WORKS BUILDING Moorse reported that the request is to change the fluid used in the hydraulic floor hoists located in the Public Works Building from a petroleum based fluid to a food grade fluid. The hydraulic fluid is considered a hazardous material and could require a costly clean up if spilled or leaked. The alternate fluid is vegetable oil which is not hazardous. Jabbour said the food grade should have been used from the beginning. Callahan asked what costs are involved once it is in. Moorse said the cost is $2785 to take out the old and put in the new fluid. No ongoing costs are involved. Callahan asked the Staff to take caution in the removal of the hydraulic fluid so no contamination occurs. Moorse said caution will be taken. The work is to be performed by T &T Maintenance. Hurr moved, Jabbour seconded, that in order to prevent potential soil and groundwater contamination, the Public Works Department is authorized to remove petroleum -based hydraulic fluids from the floor hoists and replace it with food -grade hydraulic fluid at a cost not to exceed $2,785, and that the budget of the Building Capital Outlay Fund be adjusted to reflect these expenditures. Vote: Ayes 4, Nays 0. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 23, 1996 ( 917 - Food -Grade Hydraulic Fluid - Continued) is Jabbour encouraged Staff to consider other areas where costs can be saved initially that it be done. He also asked for an update on the clean -up of the old City Hall property. Moorse said one more round of tests have been required by the PCA. When that is done, the request to close the monitoring wells will be made again. The cost has been $45,000 for the clean up but $30,000 has already been reimbursed. The time period for completion was unknown but thought to be several months. Planning Commissioner Stoddard said the PCA has been recommending more closures. ( #18) There is no agenda item for this number. CITY ATTORNEY'S REPORT City Attorney Radio had no report, but the meeting was adjourned to an Executive Session to discuss pending litigation. ( * #19) LICENSES There were no license applications. ( * #20) BELLS Hurr moved, Goetten seconded, to approve payment of the All Funds Account. Vote: • Ayes 4, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting to an Executive Session at 9:00 p.m. Edward J. Calla an, r., Mayor n LJ 14