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HomeMy WebLinkAbout1987-12-16 Council Minutes44, L rr KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 16,1987 - 7:00 PM A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an astsriskM 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. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Carmen Gintoli, Architect - Airport Terminal Renovation C. PUBLIC HEARINGS 1. Ordinance 1241-87 - Increasing Rev/Appns - Congregate Housing - $161,500 2. Ordinance 1244-87 - Amending Kenai Municipal Code Title 13 - Delete Reference to AS Title 28 3. Ordinance 1245-87 - Increasing Rev/Appns - Travel Expenses - Senior Citizens - $1,000 4. Resolution 87-78 - Transfer of Funds - Boating Facility, Inspection - $9.070 5. Resolution 87-86 - City Participation with Kenai Borough Economic Development District, Inc. 6. Resolution 87-79 - Awarding Contract - Engineering, VIP S/D - McLane & Assoc - $22,663 7. Resolution 87-80 - Awarding Contract - Engineering, Trading Bay - Wince-Corthell-Bryson - $8.125 S. Resolution 87-81 - Awarding Contract - Engineering, Swires, Lawton - Wince-Corthell-Bryson - $12,745 9. Resolution 87-82 - Awarding Contract - Engineering, Old Town - Wm. Nelson - $24,700 10. Resolution 87-83 - Awarding Contract - Engineering, Linwood, Candlelight, Kaknu, Lawton, Baker, Kiana - Wince-Corthell-Bryson - $15,335 11. Resolution 87-84 - Awarding Contract - Engineering, E. Aliak, Highbush - M. Tauriainen - $11,484 12. Resolution 87-85 - Awarding Contract - Submersible Lift Station Pump - Craig Taylor Equip - $5,515 L - - r�:<:Fx•�r L z - 13. Resolution 87-87 - Awarding Bid - warm Storage Building Repair - Superstructures - $17,450 14. Resolution 87-88 - Awarding Bid - Hydraulic Broom Attachment - Sahlberg Equip. - $7,735 15. *Renewal of Liquor License - American Legion Post $20 16. Resolution 87-89 - Transfer of Funds - Police Computer System D. COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission 5. Council on Aging 6. Airport Commission 7. Economic Development Commission 8. Misc. Comm/Comm E . MINUTES 1. *Regular Meeting, December 2, 1987 F. 1. *Rep. Bette Cato - Fish Tax Legislation 2. *Alaska C&RA - Municipality Full Value Determination 3. *Alaska Conference of Mayors President Erling Johansen - welcome Letter to Mayor Williams, Secy/Treas. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified ., 2. Requisitions Exceeding $1,000 3. *Games of Chance & Skill - KCHS 4. *Games of Chance & Skill - Kenai Peninsula Home ` Builders Assn. 5. *Games of Chance & Skill - Kenai Chamber of Commerce 6. *Games of Chance & Skill - Kenai Senior Center 7. Discussion - Rental of City Hall Space to Dept. of Health & Social Services I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk L S. Finance Dire 6. Public Works 7. Airport Mane J. PERSONS PRESENT B ADJOURNMENT L r KENAI CITY COUNCIL - REGULAR MEETING - MINUTES DECEMBER 16, 1987 - 7:00 PM KENAI CITY HALL PRESIDENT PRO TEMPORE ACKERLY PRESIDING COUNCILMAN ACKERLY CALLED THE MEETING TO ORDER. MOTION: Councilman McComsey moved, seconded by Councilwoman Swarner, to elect Councilman Ackerly President Pro Tempore. Motion passed by unanimous consent. PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Marj O'Reilly, Art McComsey, Absent: John Williams, (all excused) A-1 Agenda Approval Linda Swarner, Tom Ackerly, Ray Measles, Chris Monfor a. Pres. Pro Temp. Ackerly noted items C-13 and C-14 were reversed in the packet. b. Pres. Pro Temp. Ackerly asked that the bill from Doyle's Const. - Float Plane Facility, $41,066.06- distributed this date, be added to item H-1 (Bills to be Paid) C. Pres. Pro Temp. Ackerly asked that the PO for Dean's Printing - CIP Brochure, $1,220 - distributed this date, be added to item H-2 (Requisitions Exceeding $1,000) MOTION: Councilman McComsey moved, seconded by Councilwoman Swarner, to approve the agenda as amended. Motion passed by unanimous consent. A-2 Consent Agenda MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Carmen Gintoli, Architect - Airport Terminal Renovation Carmen Gintoli explained there have been some small changes. He proposed taking the walls on the stairway down to open it up. It would be more inviting. He would also reverse the elevator position. Phase 1 would be the lounge upstairs, phase 2 would be the bar and restaurant, phase 3 would be the balance of the work. There would be a glass -enclosed stairway with a covered roof. Councilman McComsey asked if there were ducts in the kitchen. Answer - yes. Mr. Gintoli added, if we were to replace all the equipment, it would cost $120,000, if we left some, it would be $20,000 saving. KENAI CITY COUNCIL DECEMER 16, 1987 PAGE 2 MOTION: Councilman McComsey moved, seconded by Councilwoman O'Reilly, to proceed (with the renovation). Motion passed by unanimous consent. C. PUBLIC HEARINGS C-1 Ord. 1241-87 - Increas Rev/Appns - Congregate Housing - $161,500 MOTION: Councilman McComsey moved, seconded by Councilwoman O'Reilly, to adopt the ordinance. PUBLIC COMMENT: a. Betty Warren. She was happy the money has arrived. Finance Director Brown noted, the check has come but the grant has not. Motion passed by unanimous consent. NOTE: Atty. Rogers explained, a unanimous consent vote was acceptable for an ordinance at this meeting because there were a total of 4 Council members present and 4 votes were needed to pass an ordinance. C-2 Ord. 1244-87 - Amend KMC Title 13 - Delete Reference to AS Title 28 MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Motion passed by unanimous consent. C-3 Ord. 1245-87 - Increas Rev/Appns - Travel Expenses - Senior Citizens - $1,000 MOTION: Councilman McComsey moved, seconded by Councilwoman Swarner, to adopt the ordinance. There was no public comment. Councilwoman Swarner asked, where are they going? Finance Director Brown replied he did not know. Councilman McComsey noted Council is approving a grant for travel. Motion passed by unanimous consent. C-4 Res. 87-78 - Transf. of Funds - Boating Facility, Inspection - $9,070 MOTION: Councilman McComsey moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. J' KWAI CITi CvuriCIL DECEMBER 16, 1987 PAGE 3 Councilwoman O'Reilly asked if this was extra funding. Public Works Director Kornelis replied, it is a transfer within the project. Councilwoman O'Reilly asked if it would cost the City any funds. Mr. Kornelis replied, at the Dec. 2 meeting, Engr. Nelson requested this. There is a bill in this packet to pay. Councilwoman O'Reilly asked if this increased the total cost of the project. Mr. Kornelis replied, this is because the contractor went over the completion date. We are collecting liquidated damages. Motion passed by unanimous consent. C-5 Res. 87-86 - City Participation with KP8 Econ. Devel. District, Inc. MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Councilman McComsey asked if Mayor Williams and City Manager Brighton will be on this committee. Finance Director Brown replied, all the mayors will have a meeting, they will appoint 2 delegates - one from the city and one at large. Councilwoman Swarner noted the letter in the packet dated Dec. 7 from the Borough. She interpreted it to say Mayor Williams would serve. Finance Director Brown explained, the mayors will serve at the 1st meeting to appoint members. This resolution does not set anything in concrete. This recommends the Mayor be authorized to act as incorporator. It will be up to the Borough to adopt the By Laws. Pres. Pro Temp. Ackerly noted all appointments to Comm/Comm require Council approval. Motion passed by unanimous consent. C-6 Res. 87-79 - Award Contract - Engrg., VIP S/D - McLane & Assoc - $22,663 MOTION: Councilman McComsey moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Councilwoman O'Reilly noted the low bid was $8,000 lower than the others. Is that proportion unusual? Public Works Director Kornelis replied, they are supposed to be the same (work). The way things are construction and engineering, there is a range in costs. In the past, Council had made a decision we would use 4 engineers for all projects. Regardless the cost, all would do a good job for the City. Motion passed by unanimous consent. C-7 Res. 87-80 - Award Contract - Engrg., Trading Bay - Wince-Corthell-Bryson - $8,125 MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adopt the resolution. in of C • KENAI CITY COUNCIL DECEMBER 16, 1987 PAGE 4 There was no public comment. Motion passed by unanimous consent. C-8 Res. 87-81 - Award Contract - Engrg., Swires, Lawton - Wince-Corthell-Bryson - $12,745 MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-9 Res. 87-82 - Award Contract - Engrg., Old Town - Wm. Nelson - $24,700 MOTION: Councilman McComsey moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10 Res. 87-83 - Award Contract - Engrg., Linwood, Candlelight, Kaknu, Lawton, Baker, Kiana - Wince-Corthell-Bryson - $15,335 MOTION: Councilman McComsey moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Councilman McComsey asked if the difference between the $15,000 bid and the $18,000 bid was electrical. Answer - yes. Motion passed by unanimous consent. C-11 Res. 87-84 - Award Contract - Engrg., E. Aliak, Highbush, - M. Tauriainen - $11,484 MOTION: Councilwoman Swarner moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Councilwoman Swarner asked if this was the one that had so many problems a few years ago. Answer - yes. Councilwoman Swarner asked, who did the revisions? Public Works Director Kornelis replied, Bill Nelson, Engr. The problems were with S&S. Motion passed by unanimous consent. C-12 Res. 87-85 - Award Contract - Submersible Lift Station Pump - Craig Taylor Equip - $5,515 MOTION: KENAI CITY COUNCIL DECEMBER 16, 1987 PAGE 5 Councilman McComsey moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Councilman McComsey asked why there was only one bid. Public Works Director Kornelis replied, they have Flyght pumps throughout the City. Flyght has a rail system that is different from the others. Our bid requirements say there must be adaptors for this. Craig -Taylor has the equipment. This is a spare pump. Councilman McComsey asked if it would be easy to bid whatever amount they wished. Mr. Kornelis replied they thought it would be more. Motion passed by unanimous consent. C-13 Res. 87-87 - Award Bid - Warm Storage Building Repair Superstructures - $17,450 MOTION: Councilwoman Swarner moved, seconded by Councilman Mccomsey, to adopt the resolution. PUBLIC COMMENT: a. Henry Glenn (HG Const), 165 Birch, Soldotna. He submitted a bid for $11,000+. it was turned down because he did not have the right kind of specialty license for it. The contract said Alaska license or specialty license. He has a specialty license. Superstructures was $400 above budget. Since this is Federal Revenue Sharing, he believes his attorney and Atty. Rogers would have to get together. With Federal moneys, he did not need a contractor's license. Councilman McComsey asked if he gave the City a copy of his specialty license. Mr. Glenn replied he had this (license) in 1986, when he renewed it was not enclosed. As of Dec. 15 he had it. It was not in the bid. Councilwoman Swarner asked if it was a masons license. Mr. Glenn replied yes, mason and frame specialty. Public Works Director Kornelis explained, the contractor did not meet our specs. The contract calls for a license that would be for frame work. When we received the bid, Engineer LaShot checked the license in Juneau. They said it was not valid for the bid. The bid was declared non -responsive at that time. Atty. Rogers added, the decision was made subsequent to the bid opening of Dec. 9. At the time of the bid opening, qualifications were checked. There was non-compliance in that instance. The recommendation of Administration was that this bid was less but non -responsive. Councilwoman Swarner asked Mr. Glenn, when did he renew the 1987 license that the State left off? Mr. Glenn replied, in the 5th month. He was working in Adak and did not need a license for a Federal project. That is what this is. Councilwoman Swarner asked, he did not renew the license till May 1987? Answer - yes. Atty. Rogers said in the document there is the ability to waive minor defects. They did not feel this was minor. They also reserve the right to not necessarily accept the lowest bid. Councilman McComsey said it did not say in the document that the license had to be with the bid. Atty. Rogers replied it is not our problem. KENAI CITY COUNCIL DECEMBER 16, 1987 PAGE 6 Mr. Glenn said it says a specialty contractor's license, it does not specify what kind. Councilman McComsey said it says there was a copy with the bid. Mr. Glenn said he presented a copy of the specialty license with the bid. Mr. Rornelis explained, it was not in this field. A mason cannot bid regarding this. Mr. Glenn replied it did not call for a specialty license. Atty. Rogers asked Mr. Glenn if his position was that he could submit any specialty license even though it was not connected with the job? Mr. Glenn replied no, but he went to Ron Rice, licensed engineers he checked the building over. He was going to put papers to the City at no cost to the City with his seal of approval that it was done right. Atty. Rogers asked Mr. Glenn, was it his understanding that submittal of any specialty license would be acceptable even though his specialty license had no connection to this job? Mr. Glenn replied he felt he had a right to submit. Atty. Rogers replied, the City disagrees. He added, Administration recommends accepting their recommendation. If not, they recommend re -bid. Councilman McComsey asked if this had to be done quickly. Mr. Rornelis replied no. Mr. Glenn added, he would like to do this as soon as possible if he gets the job. Superstructures asked for 120 day time extra if they do the job. Councilwoman Swarner said she would like it re -bid and be more specific about the specialty license. Mr. Rornelis explained, the contractor decides to bid the job, the State requires certain things. It is illegal for a special to bid on a job without a license. Atty. Rogers added it is intuitive in the bid document. The burden is not on the City. Councilwoman Swarner asked if there is anything in the bid document regarding taxes owed to the City. Answer - no. Councilwoman Swarner said she would like to have that in the bid document. VOTE (Failed): Yes: Ackerly No: O'Reilly, Swarner, McComsey Council agreed by unanimous consent to re -bid the job. C-15 Renewal of Liquor License - American Legion #20 Approved by Consent Agenda. C-16 Res. 87-89 - Transf. of Funds - Police Computer System MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Councilwoman O'Reilly asked if this was an additional computer. Police Chief Ross replied, as part of the original building project, the grant was allowed the City to tie in with the State system. This is just to move money within the grant. All other purposes in the grant have been satisfied. Motion passed by unanimous consent. l r KENAI CITY COUNCIL DECEMBER 16, 1987 PAGE 7 D- COMMISSION/COMMITTEE REPORTS D-1 Planning & Zoning None D-2 Harbor Commission Councilman McComsey noted the Economic Development Comm. has people meeting with them regarding the additional things the Harbor Comm. has reviewed. D-3 Recreation Commission Councilman McComsey said there was not a quorum at the Dec. 15 scheduled meeting. D-4 Library Commission Councilwoman Swarner reminded Council of the Dec. .I&' / 7 open house. D-5 Council On Aging Councilwoman Swarner reported the next meeting is in Jan., they will have elections. D-6 Airport Commission Airport Manager Ernst expressed his apology for not notifying the Council ad hoc member that the meeting was cancelled. D-7 Economic Development Commission None D-8 Misc. Comm/Comm None E. MINUTES E-1 Regular Meeting, Dec. 2, 1987 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Rep. Bette Cato - Fish Tax Legislation F-2 AK C&RA - Municipality Full Value Determination F-3 ACoM Pres. E. Johansen - Welcome Letter to Mayor Williams, Secy/Treas Approved by Consent Agenda. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman McComsey moved, seconded by Councilwoman O'Reilly, to approve the bills as submitted. :4 KENAI CITY COUNCIL DECEMBER 16, 1987 PAGE 8 MOTION, Amendment: ['IA4T' Councilman Mccomsey moved, seconded by Councilwoman O'Reilly, to add the bill from Doyle Const. for the Float Plane Facility for $41,066.06. Motion, with amendment, passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: VOTE: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to approve the requisitions, with the addition of Dean's Printing for CIP brochures for $1,220. Councilwoman Swarner asked, they are rebuilding a lift station pump as well as buying one? Public Works Director Kornelis replied, this is a different size pump and motor. Motion, with amendment, passed by unanimous consent. H-3 Games of Chance & Skill - KCHS H-4 Games of Chance & Skill - Kenai Peninsula Home Builders Assn. H-5 Games of Chance & Skill - Kenai Chamber of Commerce H-6 Games of Chance & Skill - Kenai Senior Center Approved by Consent Agenda. H-7 Disc. - Rental of City Hall Space to Dept. of Health & Social Services Atty. Rogers explained some of Administration have not had time to talk with City Manager Brighton. They do not know what space is available. They are in dire need of space. They don't know what space is available in the private sector. Public Works Director Kornelis added, all of his mylars are in there, plus the machine to do blue prints. Atty. Rogers said, footage rates in the private sector are competitive. Finance Director said they are paying $.67 per ft. Councilman McComsey suggested postponing discussion till City Manager Brighton is in attendance. Council agreed to wait for the Jan. 6 meeting. I. ADMINISTRATION REPORTS I-1 City Manager None 1-2 Attorney Atty. Rogers noted the 2 info items distributed this date: a) Testimony by Atty. Rogers regarding Utility Relocate Bill (HB-155), and b) Material regarding E.M. Knight Claim for Damages. I-3 Mayor None KENAI CITY COUNCIL DECEMBER 16, 1987 PAGE 9 I-4 Clerk Clerk Whelan spoke. a. The City Christmas party will be Dec. 30 at the Senior Center. b. With Council approval, she will be taking time off from Dec. 30 to Jan. S. Council agreed to the request. c. The U.S. Dept. of Justice has approved the pre -clearance request for the Oct. 6, 1987 election. d. She noted the voter turnout in the recent Korea election was 90%. The average for the U.S. elections is 30%. There have been some suggestions made on the Federal level to help increase voter turnout. A Senator from California has suggested registration at the polls on election day. She will report to Council on developments. e. Councilman McComsey asked about the change to Election District 1, Juneau (Item I-4). Clerk Whelan explained, Anchorage has the largest district, and there has been an attempt to even out the districts. There will be problems with telephone charges. She will be meeting with the District Director when she is in Juneau Dec. 30. I-5 Finance Director None I-6 Public Works Director Public Works Director Kornelis spoke. a. b. C. The Capital Improvement Projects brochure is being prepared. Councilman McComsey noted at the recent economic development meeting the harbor facility demanded great interest. He suggested it should be listed as N1 in the General Projects list. Pres. Pro Temp. Ackerly noted there was no priority stated. Mr. Kornelis noted it would take another resolution to change it. Council agreed not to change the list. Councilwoman Swarner asked if there was some wording in the brochure regarding forming special assessment districts. Mr. Kornelis replied the wording is taken from the resolution. councilwoman Swarner asked if we went out for bids for the printing. Mr. Kornelis replied no, this printer has done it for the last 6 years. He has color proofs, it would be considerably more for anyone else. Pres. Pro Temp. Ackerly noted there is a lot of unhappiness regarding the snow plowing by the contractor. We should look closely at this. Councilwoman Swarner noted the State has plowed the sidewalks in Soldotna. Is there any way they can do them in Kenai? Mr. Kornelis replied he has talked to them, they said they will do them. He has told them they can dump snow in the Section 36 dump site. That was one problem they had. They want to store their equipment in our warm storage building. Councilwoman Swarner asked if there was any way we can do it and have the State pay us back. Answer - no. _- t KENAI CITY COUNCIL DECEMBER 16, 1987 PAGE 10 I-7 Airport Manager None J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Father Targonsky, Russiar. Orthodox Church, Kenai. The Russian Christmas will be Jan. 7, the Russian New Year will be Jan. 14. There will be a dance Jan. 15, everyone is invited. b. Father Targonsky, Kenai. Regarding the Dec. 30 City Christmas party. Are just current employees invited or those employed during the past year? Clerk Whelan said she would check. C. Father Targonsky, Kenai. Item C-15 (Liquor License Renewal, American Legion) was on the Consent Agenda. He asked for a public hearing, and added he had no objection to renewal of the license. Pres. Pro Temp. Ackerly explained, public comment is appropriate at any time. ADJOURNMENT: Meeting adjourned at 8:19 PM. Janet Whelan City Clerk Ca.. Ci.►":. t - _ X