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Home My WebLink About12-13-1993 Council MinutesMINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 4D ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, and Gabriel Jabbour. JoEllen Hurr arrived at 8:00 p.m. and Charles Kelley arrived at 8:45 p.m. The following represented staff: City Administrator Ron Moorse, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Barbara Anderson. City Attorney Kevin Staunton arrived at 7:40 p.m. Mayor Callahan called the meeting to order at 7:30 p.m. ( #1) CONSENT AGENDA Jabbour requested that Items #5, #7, #9, #10, #14, #15, #16, #17, #18, #19, #20, #21, #22, and #23 be added to the Consent Agenda. Mayor Callahan moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 3, nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF NOVEMBER 22, 1993 It was moved by Mayor Callahan, seconded by Goetten to approve the Minutes of the November 22, 1993 City Council Meeting as submitted. Ayes 3, nays 0. ( * #3) TRUTH IN TAXATION PUBLIC HEARING OF DECEMBER 1, 1993 Jabbour noted that Mayor Callahan should be listed as Chair, and moved that be changed. Goetten seconded. Ayes 3, nays 0. It was moved by Mayor Callahan, seconded by Goetten to approve the Minutes of the December 1, 1993 Truth in Taxation Public Hearing as corrected. Ayes 3, nays 0. PARK COMMISSION COMMENTS No one was present representing the Park Commission. PLANNING COMMISSION COMMENTS - Dale Lindquist, Representative There were no Planning Commission Comments PUBLIC COMMENT There were no public comments. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 Mayor Callahan concurred with that idea, and noted that if Jabbour would draft a letter, he would greatly appreciate it. He also requested that Jabbour continue to keep track of the LMCD and keep the Council informed. ENGINEER REPORT ( *14) PAY REQUEST #8 - STUBBS BAY SANITARY SEWER PROJECT Mayor Callahan moved, Goetten seconded, for approval of Pay Request #8 for Stubbs Bay Sanitary Sewer Project to Progressive Contractors, Inc. in the amount of $113,192.88. Ayes 3, nays 0. CITY ADMINISTRATOR'S REPORT ( * #15) TAX FORFEIT PROPERTY Mayor Callahan moved, Goetten seconded, to authorize staff to obtain advice from a park /land use planning consultant regarding the use of the property for park land with the cost not to exceed $500.00. Ayes 3, nays 0. ( * #16) STEPHEN WECKMAN - SALARY ADJUSTMENT Mayor Callahan moved, Goetten seconded, to increase Stephen Weckman's salary to Step 4 effective January 1, 1994. Ayes 3, nays 0. ( * #17) 1994 SCHEDULE OF MEETINGS Mayor Callahan moved, Goetten seconded, to adopt the 1994 schedule of meetings as proposed. Ayes 3, nays 0. ( * #18) SEWER AND WATER RATE UPDATE Mayor Callahan moved, Goetten seconded, to accept the Sewer and Water Rate Update presented by staff. Ayes 3, nays 0. ( * #19) 1994 FEE SCHEDULE Mayor Callahan moved, Goetten seconded, to approve the proposed 1994 Fee Schedule and adopt the Summary Fee Ordinance. Ayes 3, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 • ( *#20) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Moved by Mayor Callahan, seconded by Goetten, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 27th Council meeting, which has been cancelled and that such paid claims are to be presented at the January 10, 1994 regular Council meeting for formal approval. Ayes 3, nays 0. ( *#21) 1993 INTERFUND TRANSFERS AND LOAN PAYMENTS Moved by Mayor Callahan, seconded by Goetten, that the interfund operating transfers, loan payments and special assessment payments on City property be approved as presented, effective December 31, 1993. Ayes 3, nays 0. ( *#22) 1994 COMPENSATION ADJUSTMENT - RESOLUTION NO. 3376 Mayor Callahan moved, Goetten seconded, to approve the 1994 non -union wage and insurance adjustments as indicated in the staff report, and to adopt Resolution No. 3376 establishing salaries for 1994. Ayes 3, nays 0. ( *#23) WORKER COMPENSATION INSURANCE Moved by Mayor Callahan, seconded by Goetten, to approve the 1994 Application for Coverage under the LMCIT Self - Insured Workers' Compensation Plan and award the 1994 worker compensation insurance to the LMCIT for the initial net premium of $37,354, effective January 1, 1994. Ayes 3, nays 0. (#24) LASHER LANDING PUBLIC ACCESS Moorse reviewed the staff report and noted that staff recommended installing two locked gates with keys available at City Hall. He believed a sign on the gates telling people where keys could be obtained would provide some resolution to the problems. Hurr inquired how many keys would be made and would the police have keys to allow them access. Moorse responded that was a possibility; however, staff would contact those people who have been using the access to inform them of the change. Hun commented that there may be others who want to use the access, who are unknown to the City. John Jerome stated that they believe that in the City's review of the ownership of the property there are some statutes that were overlooked. He stated he has a warranty deed in which a title company says this is not City property. Mayor Callahan noted that this was discussed last spring and the City Council was not going to vacate the property. He believed what staff proposed was acceptable, but was concerned about the signage on the gates. Charles Kelley arrived at 8:45 p.m. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 (#24) LASHER LANDING PUBLIC ACCESS - CONTINUED Jabbour commented that he felt it was important to retain the fire access and he did not want to vacate the easement. Mr. Jerome agreed that it was important to retain the fire lane. Jabbour commented that if it is determined that the City does not own it, then it can be condemned. Craig Lundell said that they would prefer not to have a large sign that advertised the access, although he concurred that the idea of retaining the fire road was a good one. Discussion ensued regarding the type of sign and how it would be installed. Hun stated she felt a small sign for notification to call a number would be the best, but did not want to have a large sign on the gate attracting attention. The consensus of the Council was that a small sign with a notice to call the City hall number to gain access would be appropriate. Kelley noted that if the City is not involved then people wishing to gain access would go to the residences adjacent to the gates to get keys. Hurr moved, Goetten seconded, to allow the gates to remain with the keys being issued to allow access to the public. She felt the padlocks should be placed on a chain to prevent their falling into the snow. The sign shall be no larger than 8" x 10' mounted on the gates notifying residents to contact the City to obtain keys. Ayes 5, nays 0. (#25) SCHEDULE REVIEW OF PROPOSALS FOR LEGAL SERVICES Mayor Callahan commented he felt the firm of Holmes and Graven had a conflict of interest because they represent the LMCD. Discussion ensued regarding how to set up the interview dates. It was noted that pricing was the reason for considering alternative representation, since the City has utilized the same firm for the past 17 years without any lack of services. Jabbour commented he felt the Council should consider this item during a work session. The remaining Councilmembers concurred. It was decided this item should be placed on the agenda for the January 4, 1994 work session scheduled to begin at 8:00 a.m. (#26) LICENSES Hun requested this item be pulled from the Consent Agenda because she wanted to know why there was a kennel application for eleven dogs, and when did such a use require a conditional use permit. Moorse responded that this particular application had eleven dogs all kept in the basement of the home in kennels. Hun requested staff to ensure that this was really the case, and felt a site visit was appropriate. Jabbour moved, Goetten seconded to approve the following licenses: 0 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 0 (#26) LICENSES - CONTINUED Residential Kennel License - Kenneth & Karen Rolland 4119 Oak Street Wilfried Hoyes & H. Zohara 565 Hanlon Avenue Judy Spinner 940 North Arm Drive Off Sale & On Sale Non - Intoxicating Malt Liquor - Navarre Lanes Donald Scherven 3435 Shoreline Drive ( *#27) BILLS It was moved by Mayor Callahan, seconded by Goetten, to approve payment of the All Funds Account. Ayes 3, nays 0. (#28) EASEMENT ACQUISITION BRIDGE REPLACEMENT OLD CRYSTAL BAY ROAD Gerhardson reviewed the staff report and the amounts for the easements. Mayor Callahan moved, Kelley seconded, for approval of the payments to Charles James and James Baller for the permanent and temporary easements for the bridge replacement project on Old Crystal Bay Road. Ayes 5, nays 0. ADJOURNMENT It was moved by Mayor Callahan, seconded by Goetten, to adjourn at 9:15 p.m. Ayes 5, nays 0. Edward J. ll an, Jr., May E