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HomeMy WebLinkAbout1992-01-02 Council MinutesKENAI CITY COUNCIL - REGOLAR MEETING JANUARY 2, 1992 I. Pledge of Allegiance 2. Roll Call 3, Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, H. SCHEDVLED ML Q COMM (10 Minutes) E. 1. Resolution No. 92-1 - Transferring $3,606.97 in the Bicentennial visitors and Cultural Center for Change Order No. 7 to the Construction Contract. 2. 1992 Liquor License RenoWal - Casino Bar/Beverage Dispensary and Casino Liquor Store/Package Store. 3. *dames of Chance and Contests of Skill Permit Application - American Association of Retired Persons, 0745. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & zoning Commission 7. Miscellaneous Commissions and Committees i. *Regular Meeting of December 18, 1991. r- • 0 • 00 OLD SUBIIiTm88 0 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinan06 No. 1471-92 - increasing Estimated Revenues and Appropriations by $173,622 in the New Capital Project Fund Entitled "Set Net Drive." 4. *Ordinance No. 1472-92 - Increasing Estimated Revenues and Appropriations by $289,096 in a New Capital Project Fund for an Addition to the Public Safety Building. 5. *Ordinance No. 1473-92 - Amending Estimated Revenues and Appropriations in the Court Facility Capital Project Fund. 6. Discussion - Mutual Release/Grace Drilling Company, 7.Discussion - Assignment of Lease/Kenai Bowling Alley. 8. Approval - Change Order No. 7/Kenai Bicentennial Visitors and Cultural Center - G&S Construction, 9. Approval - Award of Architectural/Engineering Services for the Kenai Courthouse - McCool, Carlson, Green, 10. Approval - Bond Counsel Proposal for the Kenai Courthouse - Wohlforth, Argetsinger, Johnson and Brecht/Davis, Wright, Tremaine. I. A MINIBTRATION RLPORTB 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. 1. Citizens (five minutes) 2. Council -2- w r • 4) KENAI CITY COUNCIL REGULAR MEETING JANUARY 21 1999 KENAI CITY BALL COUNCIL CBAMSERS MAYOR JOHN J. WILLIAMS, PRESIDING Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. .: plc � • � c _ �__: • . Mayor Williams led those assembled in the Pledge -of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Smalley, Williams, Walker, Swarner, and Measles. Absent was Monfor. A-5. McComsey, Mayor Williams requested the following changes to the agenda: REMOVE: C-2, Approval of 1992 Liquor License Renewal for the Casino Bar and Liquor Store (to be added to the Consent Agenda as owners are now current). ADD: Information Item #6 - Pay Estimate No. 3, Kenai Congregate Housing Project/Gaston Associates. Information Item #7 - 12/30/91 Peninsula Clarion article regarding Thompson Park Fund Raiser. Williams promised the Council that in the future, in any future letters regarding fund raisers, he will include "paid for by Mayor Williams." Williams added that there will be other fund raisers. MOTION: Councilman Smalley MOVED for approval of the regular agenda as amended and Councilman McComsey SECONDED the motion. There were no objections. 00 ORDERED, A-6. Mayor Williams requested the following change to the Consent Agenda: C-2, Approval of 1992 Liquor License Renewal for the Casino Bar and Liquor Store. E8N71I CITY COUNCIL lISBTIlIB MINOT88 sax a, issa pAss a MOTION8 Councilman McComsey MOVED for approval of the Consent Agenda as amended. There were no objections. 00 ORDERED. C-1. Resolution No. 92-1 - Transferring $3,606.97 in the Bicentennial Visitors and Cultural Center for Change Order No. 7 to the Construction Contract. MOTIONt Councilman McComsey MOVED for approval of Resolution No. 92-1 and Councilman Smalley SECONDED the motion. Jim Bookey - President of the Bicentennial Board of Directors. Bookey requested that this resolution not be approved. Bookey stated the Bicentennial Board of Directors feel the decoration on the outside of the building is adequate and would prefer to save the money until after the building is completed and purchase audio visual equipment for the building for $18,000. Finance Director Brown stated that there is approximately $39,000 left in the contingency fund. Half of that amount is grant money and could not be used to purchase audio visual equipment. Brown added that in discussions with Brighton, they hoped to use left grant monies to purchase a security system for the building. Also, retainage to the contractor will be decided at the end of the job and those monies will come from the contingency fund also. Brighton stated that the architect did not discuss the sandblasting designs with the Bicentennial Board. Brighton added the Board's concern of not being able to furnish the inside of the building seems to be legitimate and reasonable. Audio visual equipment is a big item and will cost a substantial amount of money. Kornelis stated he received a telephone call from Kluge this afternoon. Kluge stated that the committee members had changed • . xsNAx csTc Y a, PAGE 9 COUNCIL MEETING MINUTES 1992 recently. Bookey stated that it is the same Board of Directors, but different officers. Kornelis added that Kluge stated he has already verbally told the contractor to proceed with the sandblasting of the designs. Kornelis is not aware of how such of the work is done. Bookey stated he spoke with Kluge at 3:30 p.m. At that time, Kluge did not know what designs he would be using on the building. Bookey stated that the Board would like to be included in the chgosing of the designs. Bookey stated that screens and speakers have already been purchased as they needed to be placed at this time of construction. An application was sent to Union oil for the purchase of the rest of the equipment and was turned down. Williams stated that a decision could be made later. Williams was not aware of the design discussion because he was not present at the last meeting. The portion of last meetings minutes were read regarding the motion for allowing the sandblasted art work. Swarner stated she thought the exact price and designs would be brought back for final approval of Council. The change order was not approved. Kornelis stated that he was unaware that Kluge was going to request the art work at the last meeting. Kluge was not able to attend this meeting due to another obligation. Kornelis stated that he understood the design work by Kluge was to be a donation. Brown stated there is $39,062 left in contingency. of that, $180531 is the City's money. McComsey stated he would like the art work on the building, but thinks the Board should be included in the decision. Swarner stated the Board should have been included. There may be other unknown costs to come. Brighton suggested that Kluge may bill for more by the end of the job if the contractor goes over the completion date. Kluge will need to inspect and will charge. Attorney Graves stated that the contract says Kluge must work for thirty days for free at the end of his contract. Discussion followed regarding the type of designs, etc. suggested by Kluge. Williams suggested adding a caveat to the motion that M it is approved contingent upon the approval of the Board. Smalley suggested postponing the resolution until the next KENAI csTr comNc=r, MssVixa MuNrrss JANonaY a, issa PAGE 4 meeting and allow Kluge time to get the Board's approval. Kornelis stated that would add days to complete the building. Bookey stated their Board meets on Monday, at noon. It was suggested that the motion be amended to include approval by the Board. Kornelis and Kluge should also attend. If the Board approves the designs, Kornelis can then sign off on the change order. Kornelis was instructed to contact Kluge and have him attend the Boards meeting on Monday. Measles stated that Council should approve the resolution now to transfer the funds and the approval of the change order at Item H-8 should be contingent upon the approval of the Board. VOTES McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: No Monfor: Absent Measles: Yes MOTION PASSED. C-Z. 1992 Liquor License Renewal - Casino Bar/Beverage Dispensary and Casino Liquor store/Package store. Added to and approved by Consent Agenda. C-S. Games of Chance and Contests of Skill Permit Application - American Association of Retired Persons, 0745. Approved by Consent Agenda. ITBM ,PA IssION`S MITTEN REPORTS D-le Council on Aging The Council will meet on January 13, 1992. Williams stated that the Congregate Housing Task Force will meet again on Thursday, January 9, 1992. 0 • KENAI CITY COUNCIL MEETING MINUTES JANUARY 2v 1992 PAGE S D-2. Airport Commission Measles stated there was no meeting. The next meeting is scheduled for January 9, 1992. D-3. Narbor commission Walker reported the next meeting is scheduled for January 13, 1992. D-4. Library Commission No meeting. D-5. Parks i Recreation Commission Director McGillivray reported that the minutes from the last meeting were included in the packet. There will be a work session on January 7 to discuss parks and playground equipment. D-6. Planning i Zoning Commission Smalley reported there was no meeting. The next meeting is scheduled for January S, 1992. The Comprehensive Plan was included in the Council's packets so that they will have time to review before the public hearing scheduled for January 15, 1992. 0-7. Miscellaneous Commissions and Committees Williams reported the All -American City Task Force is scheduled to have their first meeting on January S. 1992 at 7:00 p.m. at Pizza Paradisos. Williams stated that at their luncheon meeting today (regarding an ice rink), Council discussed the formation of another task force. More information will be brought back to Council later. P44JiiflVli E-i. Regular Meeting of December 16t L0910 Approved by Consent Agenda. 0 . xmmemx csanr couxcxn Mssx=xo X=Nosses axWAxs a, 1992 PAGE 6 None. None. 8-1. Bills to be Paid, Bills to be Ratified MOTIONS Councilman Smalley MOVED to pay the bills and Councilman McComsey ' BECONDED the motion. There were no objections. 80 ORDERED. 9-2. Purchase Orders Exceeding $1,o00 MOTIONS Councilman Smalley MOVED to pay the purchase orders exceeding $1,000 and Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED., 9-3. Ordinance No. 1471-92 - Increasing Estimated Revenues and Appropriations by $173,622 in the New Capital Project Fund Entitled "Set Net Drive." Approved by Consent Agenda. 8-4. Ordinance No. 1472-92 - Increasing Estimated Revenues and Appropriations by $289,096 in a New Capital Project Fund for an Addition to the Public Safety Building. Approved by Consent Agenda. R-So Ordinance No. 1473»92 - Amending Estimated Revenues and Appropriations in the Court Facility Capital Project Fund. 10 Approved by Consent Agenda. s 68NAI CITY COONCIL MEETING !lIliO'PE8 JANOARY 21 1992 PASS 7 Discussion - Mutual Release/Grace Drilling Company. Attorney Graves stated that he spoke with Leonard Dunham and told him that the City needs a definite commitment for the release. Dunham stated that he thought the corporate headquarters in Dallas would approve the June 1 date. Graves stated that he changed the date on the release which is before Council and that is the only change on the release since the last time it was brought to Council for approval. Graves added the release must be approved before the Court System will approve bonding for the project. MOTIONS Councilman Smalley MOVED for approval of the Mutual Release between the City of Kenai and Grace Drilling Company and Councilman Walker SECONDED the motion. There were no objections. BO ORDERED. 8-7. Discussion - Assignment of Lease/Kenai Bowling Alley. Graves reported that the new operators are in the building and are operating the business. The new operators require an assignment from the Small Business Administration who took over from the former owner, Church, at the time of the bankruptcy. A telecopied, signed assignment has been received from SBA, and the original should arrive in a few days. The operators have received permission from SBA to be in the building now. MOTION: Councilman Walker MOVED for approval of the Assignment of Lease and Councilwoman Swarner SECONDED the motion. There were no objections. 00 ORDERED. E-8. Approval - Change Order No. 7/Kenai Bicentennial Visitors and Cultural Center - G&S Construction. MOTION: Councilman Smalley MOVED for approval of Change Order No. 7 to G&S Construction for the Kenai Bicentennial Visitors and Cultural Center for art work on sandblasted panels upon the design approval at the Monday Bicentennial meeting and with Keith KENAI esTx asNuAax a, Y71AE 6 COUNCIL MEETING MINUTES 1992 Kornelis and Bill Kluge attending. Councilman Measles SECONDRD the motion. Williams asked if there were objections to unanimous consent. Swarner objected. VOTE: McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: No Mcnfor: Absent Measles: Yes MOTION PASSED. E-9. Approval - Award of Architectural/Engineering Services for the Kenai Courthouse - McCool, Carlson, Green. Williams referred to Engineer Jack LaShotts memorandum which was included in the packet, along with a fee and scope letter from McCool, Carlson & Green. Williams stated that Brighton, Kornelis, Brown, Graves and he met with Michael Carlson on December 20. They tried to cut the cost as much as possible. Williams stated that the primary problem is that it has been a long time since the original design was done for the Palmer building. The design was not done on a CAD system, but done manually. The building will cost more due to the positioning, etc. The design will be subject to the Court System's approval. Walker stated that in reviewing the letter he has difficulty with their billing on time and expenses without limits. A contractor could take considerable risk if he underestimates the time to do the work. Walker stated he prefers strong bids or bids with a cap on them. Kornelis stated that the original proposal was a lump sum. Kornelis stated he understands the letter to be a mot- to -exceed amount. The architect is putting a high amount on the project because he knows it will be the maximum amount. Kornelis stated that he has sent a copy of the normal contract the City uses. He received a letter back from the architect wherein he mentions the high price to insure enough cost coverage. Williams stated that at the end of the meeting, the architect stated that this amount was as low as they could go. Williams also informed Council that Kluge and Wm. Nelson will be involved with the engineering and inspection of the project. A better price can be acquired with the civil engineering and construction inspection being done locally. •KENAI CITY C011NCIL MEETING ffiI11pTE8 JANUARY 2v 1892 PAGE 8 Walker stated that this was not bid out. Council does not know if money was saved going with this architect. Williams advised against bidding the project. If a new design was used, the architectural fees would be more, perhaps up to $450,000. Williams stated the project is being done in conjunction with the Court System. The Court System likes the Palmer building. The plans for the Palmer building are copyrighted. Smalley remarked that LaShotIs letter states to only approve the schematic design and design development at this time. Kornelis stated that is because there is only enough money for this portion at this time. MOTIONS Councilman Smalley MOVED the City of Kenai award the first two phases of the court house project, the schematic design and -`� design development in the amount of $136,597, to McCool Carlson and Green contingent upon the approval of the Alaska Court System. Councilwoman Swarner BECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. Councilman Walker objected. VOTES Mccomsey: Yes Smalley: Yes Williams: Yes Walker: No Swarner: Yes Monfor: Absent Measles: Yes MOTION PABBED. Williams stated that he will be meeting with the architect in mid -January to review the floor plan for the site. Z-10. Approval - Bond Counsel Proposal for the Kenai Courthouse - Wohiforth, Argetsinger, Johnson and Brecht/Davis, Wright, Tremaine. MOTIONS Councilwoman Swarner MOVED to retain Wohiforth, Argetsinger, Johnson and Brecht as bond counsel for the new courthouse project, with payment to be made from grant or bond proceeds. Councilman MCComsey BECONDED.the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. BO ORDERED. • r r � XMMI CITY COUNCIL MEETING MINUTES JANUARY 2, 1992 PAGE 10 4_�__.___• _ I-1. Mayor Mayor Williams reported the following: 1. He will bring a resolution forward at the ehnext meting regarding the IFQ Quota Program regarding offshore There will be a large amount of information included in the packet in regard to this resolution. 2. Requested expenditure of monies tfor he matting and framing of Sister City documents to be placed at ial building, a brass plate stating what duringhe documents phisevisitand to display case for gifts presented to Williams okha. MOTIONS Councilman Smalley MOVED that appropriate funds be used for hanging, matting, framing, display case, and the brass plate to be placed at the Bicentennial Building. Councilman McComsey SECONDED the motion. There were no objections. SO ORDERED. 3. Received a telephone call from the Chamber. They requested that snow be removedactor has been plowingfrom the area around tthe aredmpatand Brighton stated that the contr dumping it there. Public Works will move the snow. 4. Sent flowers to Councilwoman Monfor. I-2. City Manager No report. I-3. Attorney 1. Attorney Graves discussed the proposed towing RFP's and agreements included in the packet. One proposed RFP includes a bid and a $5.00 add -on fee to be paid the andcity of add-onKenai. The other proposal is for the bid amountalone Graves requested direction from Council. r, NUMI CITY COUNCIL MEETING MINUTES JANUARY 2, 2992 NAME II Williams asked if the City would increase their liability with the $5,00 fee. Graves stated that the City would still be in the same position. Graves added that the $5.00 would not be much, but would offset administrative costs, etc. Williams stated that he prefers the City not be paid a fee. The public likes that better. McComsey preferred the straight fee. Swarner asked how many cars had been towed to dateAirport Manager Ernst was not present at the meeting. Police Chief Ross suggested that approximately 120 cars had been towed, but the amount has trickled off. Walker suggested that they observe the amount towed for one year and then the add -on could be included in the next contract if desired. Walker stated he would like to have a contract in place and would accept it without the $5.00 fee. MOTION= Councilman Walker MOOED for approval of Bid Proposal No. 2 with the amendment to make the length of the contract one year instead of five. Councilman McComsey SECONDED the motion. Williams stated that a shorter contract will discourage people to buy a lot of new equipment. Williams stated that they want someone who has the equipment already. Graves stated that the proposal includes a necessary six months of experience. Enough experience and will not prevent many from bidding. surveys returned all stated they had six months$ experience. Graves added that the RFP will go out within the next two weeks. VOTE$ McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes MOTION PASSED 9MXHOQeLY. 2. Graves brought attention to the Court's decision in regard to the Peloza v. Freas matter. The Court denied plaintiff's motion to quash the requirement that he file a $750 bond for costs on appeal. The Court also denied the entry of appearance of Jefferson Mallette to participate in the matter. Peloza is appealing these findings. • KENAI CITY COUNCIL MEETING MINUTES JUMARY 21 1992 PAGE 12 3. Graves stated he will be attending class meetings. Francisco in February. He will not be g any I..4 . City Clerk No report. t-5. Finance Director Finance Director Brown referred council to is�seso andumtion included in the packet with regard to Y insurance for the next fiscal year. The memorandum included schedule to meet with the insurance brokers, etc• prior discussion re iestod local Kenai. William as well. Brown stared that insurance did m retention groups get involved ea �� that he thinksdthe Brown add and that a city this size should Williams stated that there was businesses, thein 20 JlA-AMLles Of group Brown invite not want to receive quotes fro pools. Brown does not want to would not want to lead them on City should shop for policies, not be in an insurance pool. a for Williams stated that he thought sitka was participatingrbanksnor juneau are Williams added that neither Anchorage, in the pool. soldotna is participating. Williams would like to see if there would be a savings if the City participated in the col. Williams stated he did not think that wool be leathought them on. It would be shopping. Williamsstated the City should review it. Brown stated that JIA will not meet the crl riawanfor invite rated companies. Brown stated that if the Councithe them, he will, Brown however, it is not how he attended Kenai wouldto dirprobably City's insurance program. ed.Brown stated that he believes that be the largest city inv will become if they are given the opportunity to participate, orsay no political and will be more and more difficult Brown stated that he will get two quotes from each w roker.ill beblocis will insure that each broker can quote and no one out. Consensus of Council was to follow the schedule set out in the Brown's memorandum (which does not included• gow- --- � A • 0- SEMI CITY COUNCIL MEETING MINUTES JAMMY 2, 1992 VASE 13 I —so Public Works Director No report. Williams referred to Brown's memorandum included in the packet regarding the quarterly investment report. Some discussion followed. I-7. Airport Manager No report. J-10 Citizens None. J-2. Council Walker - No report. swarner - Will be attending a Legislative Committee meeting in Juneau, January 28-30, 1992. Walker stated that he is not certain he will attend the meeting in Juneau. Swarner requested that Ashley Reed attend the January 15, 1992 meeting. Measles - No report. McComsey - No report. Smalley - Thanked Public Works for the good work of snow removal from the streets. Williams - No report. The meeting adjourned at 8:25 p.m. Minutes transcribed and submitted by: 6".arol L. Freas, City Clerk gY COUNCIL (1/7/92) WROVED