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Home My WebLink About1992-05-06 Council Minutes_> r� • A. B. a. AGA 1K8NAI C=TY COONCIL - R8;Q�7LANgTtNG KRY AV 199 1. Pledge of Allegiance 2. Roll Call 30 Agenda'Approval 4. Consent Agenda *All items listed'vith an asterisk (j are considered to be routine and non -controversial by --the Council and will be approved by one mention. There. will be no separate discussion of thede 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. k _ IT, 111 q (10 Minutes) kUHLIC jMZxsi� 1. Ordinance No. 1481-92 and Appropriations by - Increasing Estimated Revenues $1,587.00 in the General Fund. 2. Ordinance No. 2492-92 and Appropriations by - increasing Estimated Revenues $2,610 in the Senior Citizens - Borough Special Revenue Fund, 3. Ordinance No. 1483-92 and Appropriations by - Increasing Estimated Revenues $360,00o in the General Fund for Playground Equipment to be installed in City Parks, 4. Ordinance No. 1404-92 and Appropriations by - Increasing Estimated Revenues $3,500 in the Library Books, General Fund for 5. Ordinance SO. 1485-92 - Increasing Estimated Revenues and Appropriations by $2,500 n the General Fund as a Result of a State of Alaska Grant for Emergency Services. 6. Resolution No..92-23' - Transferring $14.,000 in the General Fund to Purchase'a Used Bucket Truck. mi- . f. y , 7. Resolution No. 92-26 - Establishing a Gen Policy Regarding Costs to be Assessed to BenefittedlProperties in Special Assessment Districts. 8. Resolution No. 92-27 - Transferring $7,700 in the General Fund for Travel Expenses to Finalist Hearings for the All -American City Award. 9. Resolution No. 92-26 - Approving the Sale of Lot 5, Walkowski-Deland Subdivision, at Appraised Value, to the Owner of the Adjacent Land, Pursuant to KMC 22.05.075. 10. Resolution No.92- 29 - Transferring 14,565.50 in the General Fund for Additional Repair and Maintenance Supplies in the City Shop Budget, 11. Resolution No. 92-30 - Awarding a Contract for the Construction of the Kenai Fire Department Bay Addition to Holden Company for the Total Construction Amount of $198,643.00. 12. 1992 Liquor License Renewal - Little Ski-Mo Drive Inn - Restaurant/Eating Place - PROTEST 13. *1992 oaMes of Chance & Contests of Skill Permit Application - City of Whittier. 14. *1992 dames of Chance & Contests of Skill 8ernit Application - League of Women Voters. D• C08MI88ION/COIK12 E8 RBPORTB 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 E. tliltT'l R8 1. *Regular Meeting of April 15, 1992. F. CORR88PONDFNCE 0. OtD BUBINEgo • -2- 0 • 1. Bills to be Paid, Hills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. i486-92 - Amending KMC 7.25.100 to Clarify Allowable Uses of General Fund Capital Improvement Reserve Monies. 4. *Ordinance No. 1487-92 - Increasing Estimated Revenues and Appropriations by $11125,000 in the Airport Drainage and Safety Zone Improvements Project. 5. *Ordinance No. 1490-92 - Amending KMC 22.05.080 to Provide for Grant or Donation to Non -Profit Housing Corporations of Foreclosed Property Held by the City for More Than Ten Years. 6. *ordinance No. 1489-92 - Amending Chapter 2.50 of the Municipal Code Governing Liquor License Approval. 7. *Ordinance No. 1490-92 - Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part -Time Employees. 8. *Ordinance No. 1491-92 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -for -Hire." 9. *Ordinance No. 1492-92 - Decreasing Estimated Revenues and Appropriations in the Senior Employment Fund by $717. 10. *Ordinance No. 1493-92 - Increasing Estimated Revenues and Appropriations by $200,000 in a New Capital Project Fund Entitled "Mission Street Improvements." 11. Ordinance No. 1494-92 - Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $15,000 in the General Fund for Dust Control on City Streets, 12. Discussion - Time Extension/Kenai Bicentennial Visitors & Cultural Center. 13. Discussion - Vending Machine Relocation/Kenai Municipal Airport, 14. Approval - Construction Change Directives/Kenai Congregate Housing Project. a. Directive #50 fixture change - $9,095.00 b. Directive #6, fan & locate fan control - $??? -3- R u I. s. K. • C. Directive #7, signage change 6 install - $??? d. Directive #8, light fixture/shower - $276.00 as Directive 'Directive #9, gas service/fireplace - $2,231.00 f. 010, relocate ducts/mech.rm - $210.00 g. Directive #11, low air press. alarm switch, circuit & connection/sprinkler system - $299,00 h. Directive 012, relocate fin tube, 60ft, add. i. hydronic piping, place hydronic pipin - $1,116.00 �971.00 Directive #13, water fixture subs. - j. Directive 014, relocate fixture - $340.00 k. Directive 015, relocate panel - $10472.00 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. citizens 2. Council ( f ive minutes) -4- It • 0 RNNAt CITY C0=CIL IRBQM= MEETING MiNuTRB • MAY 6, 1992 REMI CITY COt1MCIL CRRM MO MAYOR Jon J. WZLLZ"s, PR28ZDINO Mayor Williams called the meeting to order at.approxima�kely 7:01 p.m0 in the Council Chambera in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-3. Roll was taken by the City Clerk. Present were: Williams, Smalley, Measles, Swarner, McComsey, Walker and Monfor. Absent: None. A-5 • J1M=A APNLQM Mayor Williams requested the following changes to the agenda: ADDS Additional Information to C-12, Kenai Peninsula Borough Letter of Objection to ABC regarding the Little Ski-Mo Drive Inn 1992 Liquor License Renewal, ADD: R-z, Purchase Order to Anchorage Tank ` holding, Inv. - Bid for tank and fuel system for the Float Plane Facility - $27,750.00. REKOYBs R-2, MC Machinery - Rebuild fuel injection pump - $2,500.00. ADDS Information Item 011 - 5/6/92 McCool-Carlson-Green letter regarding bid costs and design development estimates. XOTtON9 Councilman Smalley MOvBD for.approval of the regular agenda as amended and requested M MIMOVB CoNBMMT. There were no objections. so ORDngD. A-60 Mayor.Williams requested the following, change to Agenda: the Consent KENAI CITY COUNCIL MEETING MINUTES MAY 6, 1992 PAGE 2 8UH8TIT0'1'E: N-7, Ordinance No. 1490-92 - Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part -Time Employees. Swarner requested that Item H-6 be removed from the Consent Agenda for discussion. Walker requested that Items H-5 and H-7 be removed from the Consent Agenda as well. There were no objections to the items requested to be removed from the Consent Agenda, MOTION: Councilwoman Swarner MOVED to approve the Consent Agenda as amended and requested ONANIMOUS CONSENT, Councilman Smalley SECONDED the motion. There were no objections. SO ORDERLRD. R: BCEEDOLED PDBLIC Cowl= There were none. Ordinance No. 1481-92 - Increasing Estimated Revenues and Appropriations by $1,587.00 in the General Fund. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1481'-92 and Councilwoman Swarner SECONDED the motion. There were no public or Council comments. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey:.Yes Smalley: Yes 0 NOTION sAesan viuoasrx. 0 0 • KENAI CITY COUNCIL MEETING MINUTES MAY 6, 1992 PAGE 3 C-2. 0=6 1 naaoe No. 1482-92 - Increasing Estimated Revenues and Appropriations by $2,610 in the senior Citizens- Borough Special Revenue Fund. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1482-92 and Councilman Measles SECONDED the motion. There were no public or Council comments. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes Mccomsey: Yes Smalley: Yes MOTION PASSED OMINOUSLY C-3. Ordinance No. 1483-92 - Increasing Estimated Revenues and Appropriations by $360,000 in the General Fund for Playground Equipment to be Installed in City Parks. MOTION= Councilman Smalley MOVED for adoption of Ordinance No. 1483-92 and Councilman Measles SECONDED the motion. There was no -public comment, Walker asked.NeGillivray if the equipment discussed in the ordinance is that which the Council discussed Last fall. McGillivray stated yes, the equipment is new equipment for Municipal Park. VOT8i: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes. McComsey: Yes. Smalley: Yes. MOTION BASKED tMU1M[008LY. C-4. Ordinance Mo. 1484-92 - Increasing Estimated Revenues and,Appropriations by $3,500 in the General Fund for • Library Books. J • r] • KENAI CITY COUNCIL MEETING MINUTES MAY 6, 1992 PAGE 4 Councilwoman Swarner MOVED for adoption of Ordinance No. 1484-92 and Councilman Smalley BSCONDND the motion. There were no public or Council comments. VOTEt Williams: Yes Monfor: Yes Smalley: Yes Walker: Yes Measles: Yes LOTION PABBED VNANINOVBLY. Swarner: Yes McComsey: Yes C-5. Ordinance No. 1495-92 - Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund as a Result of a State of Alaska Grant for Emergency Services. NOTION$ Councilman Measles MOVED for adoption of Ordinance No. 1485-92 and Councilwoman Swarner 82CONDED the motion. There was no public comment. MOTION TO AMEND Councilman Measles MOVED to amend the ordinance to state the Communications Small Tools & Minor Equipment budget be increased instead of the Machinery & Equipment fund. Councilman Smalley SECONDED the motion. There.were no objections to the amendment, VOTxR ON 1CiEHDI�D E1 Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION P1k888D VIA NIMOVBLY. Resolution No. 92-25 - Transferring $14.,000 in the General Fund to Purchase a Used Bucket Truck. RffilAI CITY COUNCIL MSETING MINUT88 MAY 6f 1992 BAGS S NOTIONS Councilman Smalley MOVED for the approval of Resolution No. 92-25 and Councilwoman Swarner 82CONDED the motion. Councilwoman Monfor requested tM1A INOUB CONBEHT. , There were no public or Council comments. VOTE: There were no objections to the request for unanimous consent. 80 ORDERED. C-7. Resolution No. 92-26 - Establishing a General Policy Regarding Costs to be Assessed to Benefitted Properties in Special Assessment Districts, MOTION: Councilman Walker MOVED for approval of Resolution No. 92-26 and Councilwoman Monfor 8ECONDED the motion. There were no public comments. Walker stated his thanks to the Finance Department in bringing this resolution to Council in such an expedient manner. VOTE: Councilwoman Monfor requested ONANIMOuB CONSENT. There were no objections. 8o ORDERED. Resolution No. 92-27 - Transferring $7,700 in the General Fund for Travel Expenses to Finalist Hearings for the All -American City Award, MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 92-27 and requested UNANIMOus CONSENT., Councilman Measles 82CONDRD the nation. There were comments from the public or Council. There were no objections to the motion. 8o ORDERED, Resolution No. 92-28 - Approving the Sale of Lot 5, Walkowski-Deland Subdivision, at Appraised Value, to the Owner of the Adjacent Land, Pursuant to KMC 22.05.075. KENAI CITY COUNCIL MEETING MINUTES MAY 61 1992 PAGE 6 NOTION: Councilman Smalley MOVED for approval of Resolution No. 92-28 and Councilman Walker SECONDED the motion. There were public or Council comments. Walker requested 9MZXOU8 CONBEMT. McComsey asked for what amount the property was appraised. Administrative Assistant Howard stated $9,700. VOTE$ There were no objections to unanimous consent. 80 ORDERED. C-100 Resolution No. 92-29 - Transferring 14,565.50 in the General Fund for Additional Repair and Maintenance Supplies in the City Shop Budget. NOTION: Councilman Smalley MOVED for approval of Resolution No. 92-29 and Councilman Walker BECONDED the motion. There were no public or Council comments. Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED, C-11, Resolution No. 92-30 - Awarding a Contract for the Construction of the Kenai Fire Department Bay Addition to Holden Company for the Total Construction Amount of $198,643.00. NOTION: Councilwoman Monfor MOVED for approval of 92-30 and requested MNIMOUB C0NSMIT. Councilman Smalley SECONDED the motion. Kornelis informed the Council that Holden Company is a local construction company from Soldotna. Kornelis added that the contract includes running the necessary wires to the dispatch area, but does not include installation of the control equipment in the dispatch area. A purchase order for the amount of $2,100 will be brought to the next meeting for approval. VOTE$ '..There were no objections to the motion. 80 ORDERED. • 0 KENAI CITY COUNCIL MEETING MINUTES MAY 6, 1992 PAGE 7 C-12. 1992 Liquor License Renewal - Little'Ski-No Drive Inn - Restaurant/Eating Place - PROTEST Clerk Freas stated that the amount owed is for property taxes for the property on which the restaurant is located. The amount of taxes owed is for the last three years. Mr. Yamamoto, through his attorney, had set up a payment schedule with the Borough due to an error made by the Borough last year. Yamamoto did not keep current with the payment schedule. Williams stated he spoke with Mr. Yamamoto, owner of the restaurant regarding the amounts owed. Williams suggested that a letter of protest be issued. MOTION$ Councilman Walker MOVED to send a letter of protest to the issuance of the 1992 renewal of the liquor license for the Little Ski -No Drive Inn and Councilman Measles BECONDMD the motion. There were no objections. BO ORDMRMD, C-13. 1992 dames of Chance i Contests of Skill Permit Application - City of Whittier. Approved by Consent Agenda. C-14. 1992 Dames of Chance i Contests of Skill Permit Application - League of Women Voters. Approved by Consent Agenda, D-1. Council on Aging Swarner stated an appreciation dinner was held at the Senior Center. It was enjoyed by those present. The dinner was put on by the staff. Dal. No report. D-30 No report. Airport Commission Rarbor Commission 1�1 KENAI CITY COUNCIL MEETING MINUTES MAY 61 1992 PAGE 8 D-4, Library Commission Monfor reported a meeting was held May 5. The May calendar was included in the packet. The summer reading program will begin soon after school ends. D-5. Parke & Recreation Commission McGillivray stated the minutes were in the packet. Little League and softball seasons begin this month. D-6. Planning & zoning Commission Smalley reported a Conditional Use Permit for a Bed & Breakfast was approved at the last meeting. The photo shop along the Spur Highway has requested a relaxation of the sign ordinance in order to fly a balloon above the store. They want people to be aware that they moved back to that location. Smalley added that they discussed the Townsite Historic zoning to include Bookey's trailer park in the rezone so that the property is not split into two zones. D-7. Miscelianeoue Commissions and Committees Monfor reported that the City of Kenai has been chosen as a finalist in the All -America City Award Program. The Task Force will be meeting to formulate a ten-minute presentation. Monfor. also informed Council that a short discussion of the application, etc. will be heard during the Channel 13 Nightcast program tonight. E-1. Regular Meeting of April 15, 1992. Approved by Consent Agenda. None. KENAI CITY COUNCIL MEETING MINUTES MAY 6, 1992 PAGE 9 OLD EII8=NEAR None. K-A• Hills to be Paid, Hills to be Ratified NOTION= Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. so ORDERED. R-2• Purchase Orders Exceeding $11000 NOTION t Councilman Walker KOVED to pay the purchase orders over $1,000 except the NC Machinery purchase order to rebuild a fuel injection pump and to include a purchase order to Anchorage Tank & Melding, Inc. in the amount of $270750,00. Councilman Measles SECONDED the motion. There were no objections. 00 ORDMDo R-2• Ordinance No. 1406-92 - Amending KMC 7,25.100 to Clarify Allowable Uses of General Fund Capital Improvement Reserves Monies. Approved by Consent Agenda, E-4• Ordinance No. 1497-92 - Increasing Estimated Revenues and Appropriations by $1,1250000 in the Airport Drainage and Safety Zone Improvements Project. Approved by Consent Agenda, E-5• Ordinance No. 1498-92 - Amending KMC 22.05.080 to Provide for'Grant or Donation to Non -Profit Housing Corporations of Foreclosed Property Held by the City for More Than Ten Years. This item was removed from the Consent Agenda by Councilman Walker. i • KENAI CITY COUNCIL MEETING MINUTES MAY 61 1992 PAGE 10 MOTION: Councilwoman Monfor MOVED for introduction of Ordinance No. 1488- 92 and Councilman Smalley SECONDED the motion. There were no public comments. Councilman Walker stated that he requested this item be removed from the Consent Agenda because he does not believe that it should be on the table. Walker stated he objects to the introduction. He does not think the City should be giving land to any non-profit organization that comes along. Smalley stated that the ordinance does not state that it is a donation. Brown stated that the donation of property is implied. Brown added that there is a lot of property that have assessments owing. If the City desires to give land away, the Borough has the right to tax that property. The people who will receive the land must pay the taxes. Swarner stated she is not in favor of the ordinance either. Williams stated that the Council, by resolution, can donate land. The Council will screen any applicants for this type of property donation. Williams reminded Council that they agreed to give 20 lots to CIHA and agreed not to collect taxes on that property. Habitat for Humanity (who is making this request), is agreeing to pay the back property taxes and go on the City tax rolls when the home is completed. Williams stated he did not believe more than one lot a year will go to this organization. The national organization intends to finance the property themselves. If.the new home owner defaults, the national organization will guarantee payment. Walker stated that KMC 22.05.080 already provides for disposal of lands. If it amended, it will open the door for any kind of non-- profit group•. Walker added that he believes more auctions, etc. could be held to dispose of the property. Walker added that he does not believe this amendment is the direction to go. The City will offering too much. 11 McComsey asked if the City is guaranteed that this property will go on the tax rolls and if anybody can qualify. Williams stated the ordinance states "after completion." The property must have - been foreclosed on for at least ten years. Smalley added that there are very few properties that apply to that. Administrative Howard stated that there were two pieces of property identified. by Habitat for Humanity which were foreclosed upon for ten years. • KENAI CITY MAY 61 1992 PAGE 11 COUNCIL MEETING MINUTES VOTE ON XXTRODOCTIONt Williams: No Monfor: yes Smalley: Yes MOTION BAILED, Walker: No Measles: No Swarner: No McComsey: No items" Ordiaaaoe NO. 1489-92 - Amending Chapter 2.50 of the Municipal Code Governing Liquor License Approval. MOTION8 Councilwoman Swarner MOveD for introduction of Ordinance No. 1489-92 and Councilman Walker BECONDED the motion. There were no public comments. Swarner stated her reason for removing this item from the Consent Agenda was because s he believes it provides one industry allowances that are not t Provided for other industries. has amended their code to give tWilliams statedtry that the Borough set a payment schedule which is provided for other pindividuals portunity o and industries. Williams believes that not allowing this opportunity is unfair to this industry. Williams added that if the person fails to make the scheduled payments, a letter at of Protest is forwarded to ABC. Williams does not believe the city ordinance should be stricter than the Boroughts. Swarner stated she understands Williams, thoughts however th person Williams referred to has been delinquent for a long,, ng�time. Swarner added that the Cityes code is the only way the City has to recover the sales tax. Swarner added that the business collected sales tax at the particular pay the Borough in a timely manner, time of the sale, but did not VOTE: Williams: Yes Walker: Yes • Monfor: Yes Measles: Yes Swarner. NO Smalley: yes McComsey: Yes MOTION PABSED. • • KENAI CITY COUNCIL MEETING MINUTES MAY 6, 1992 PAGE 12 N-7• Ordinance No. 1490-92 - Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part -Time Employees. It was explained that Council, by amending the Consent Agenda with the Substitute ordinance, will now be voting to introduce the Substitute Ordinance No. 1490-92. MOTIOPt d Councilwoman Monfor MOVED for introduction of Ordinance No. 1490- 92 and Councilman Smalley BECONDLD the motion. There were no had during th can afford the Walker stated raise on which VOTE s e public comments. Councilman Walker stated, as he work sessions, that he does not believe the City amount of increase included in the ordinance. that the original ordinance included the amount of Council had reached a consensus. Williams: Yes Walker: No Swarner: Yes Monfor: Yes Measles: Yes McComsey: No Smalley: Yes MOTION PA88ED. 2-8• Ordinance No. 1491-92 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -for -Hire." Approved by Consent Agenda. N-9. Ordinance No. 1492-92 - Decreasing Estimated Revenues and Appropriations in the Senior Employment Fund by $717. Approved by Consent Agenda. R-10. Ordinance No. 1493-92 - Increasing Estimated Revenue, and Appropriations by $200#000 in a New Capital Project Fund Entitled "Mission Street Improvements." Approved by Consent Agenda. tKENAI CITY COUNCIL MEBTING MINOT88 MAY 6, 1992 PA(,Z8 13 8-Ile Ordiaanoo No. 1494-92 - Increasing Estimated Revenues and Appropriations by $50,00o and Transferring $15,000 in the General Fund for Dust Control on City Streets. NOTION: Councilman McComsey X0VED for introduction of Ordinance No. 1494- 92 and Councilman Walker BECONDND the motion. There were no public comments. City Manager Brighton reminded Council that the emulsion used for treating the roads for dust control has doubled in price since last year. McComsey asked if this amount will be added to what is already in the budget. Answer was yes. Jornelis stated that there will be no concrete replaced this year and those monies will be used for dust control as well. VOTES Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes NOTION PASSED UMIMOOSLY. 8-12. Discussion - Time Extension/Kenai Bicentennial Visitors & Cultural Center. Kornelis stated that the contractor is requesting liquidated damages for work down at the Visitors Center. The contractor has stated that he has several subcontractors and suppliers that are requesting full payment and the contractor is unable to pay them in full without knowing the decision on liquidated damages. Kornelis stated that the architect believes that no liquidated damages should begin until after the substantial completion date. The contract was written to allow 217 days in which to complete the project. If the project was not completed by the time of substantial completion, liquidated damages were to begin. After substantial completion the contractor has 30 days to complete work noted to be completed. If that work is not completed in those thirty days, then liquidated damages should start again. Kornelis stated he recommends that the contractor be allowed the time prior to when he actually got substantial completion, but that four days should be charged at $300/day. The contractor is requesting extra time was needed because of the late arrival of K&iAI CITY COUNCIL 1+1E8TING MINUTES MAY 6, 1992 PAGE 14 the hollow -metal doors. His reason is that the vendor went out of business. Kornelis restated his recommendation to not charge liquidated damages prior to substantial completion. Williams asked if he was saying to charge $1400 and "call -it good." Answer yes. Kornelis stated that he directed the 1. architect to give the contractor until June 1 to complete the landscaping and planting. If it is not completed by that time, liquidated damages should begin again. NOTIONS Councilwoman Monfor MOVED to accept the Public Works Director's recommendation on the closing out of the Kenai Bicentennial Visitors and Cultural Center. Councilman Measles SECONDED the motion. Councilman Walker objected and asked who has been doing the landscaping and damaging the building. Kornelis replied Jackson Construction, but that Ward's Landscaping will be working on it also. Walker asked if Kluge had been paid for the extension of his contract. Brown stated he believed it was approximately $2, 000. Walker stated his reason for objection was that the contractor had time, while waiting for the doors, to be doing other work. Walker believed that no liquidated damages should be paid until after full completion of the project. Blake Johnson - Questioned some of the change orders submitted during construction of the building and encouraged Council to follow through with their decisions. Williams stated that perhaps Council should do as Walker suggested and that is to -take no action until the building is 100% complete. Monfor stated she agreed with Walker and added that she thought they would not deal with liquidated damages until the end of the construction. MOTION: KENAI CITY COUNCIL MEETING MINUTES MAY 61 1992 PAGE 15 R-13. Discussion -vending Machine. Relocation/Kenai Municipal Airport, NOTIONS Councilman Walker MOVED to allow Mr. Tyler to move his vending machines as discussed with Administration and requested t1NllWtKo�td CONORNT. Councilman Smalley encONDRD the motion. Councilman Measles objected to the motion. Measles stated that the area has better potential uses. Ernst suggested Council could allow Tyler's use be contingent upon better future use. Measles stated he would prefer the area not be used for that purpose at all. Council took no action on the motion. BREWS • 100 p.s. BACK TO ORDERS S S 24 p. n P 31-14. Approval - Construction Change Directives/Kenai Congregate Housing Project. a. Directive 05, fixture change - $9,095.00 b. Directive 06, fan &.locate fan control - $??? c. Directive 07, signage change &.install - $??? d. Directive #a, light fixture/shower - $276.00 e. Directive 09, gas service/fireplace $2,231.00 f. Directive #100 relocate ducts/mech.rm - $210000 g. Directive 011, low air press.. -alarm switch, circuit & connection/sprinkler system - $299.'00 h. Directive 012, relocate fin tube, 60ft. add, i. hydronic piping, place hydronic piping - $1,116.00 Directive 013, water fixture subs. - $971..00 J. Directive #14, relocate fixture - $346.00 k. Directive #151 relocate panel.-- $1,472.00 Williams asked Council if they preferred to address all 'the directives at this meeting or call a work session 'to discuss them. Measles asked if there was a reason they needed addressing at this time. Kornelis answered that.some required action. Lack of action to some would hold up the construction.. • y • 0 0 KENAI CITY COUNCIL MEETING MINUTES MAY 6, 1992 PAGE 16 MOTION FOR. RZC0XBIDXftTI0N: Councilwoman Swarner KOVND for reconsideration of the introduction of Ordinance No, 1480.920 Item H-5. Councilman Smalley SECONDED the motion. Councilmen Measles and Walker objected. VOTE: Williams: Yes Monfor: Yes Smalley: Yea MOTION PASSED. MOTION FOR INTRODnCTION: Walker: No Swarner: Yes Monfor: Yes Measles: No Councilwoman Swarner MOVED for introduction of Ordinance No. 1488-92 and Councilman Smalley 81RCONDED the motion. MOTION TO AXZND: Councilwoman Swarner MOVED to amend Ordinance No. 1488-92 adding as follows: Councilman Smalley 8j8CONDED the motion. VOTE: Williams: Yea Monfor: Y493 Smalley: Yes AMENDMENT MOTION PAS88D. Walker: NO Swarner: Yes Measles: No McComsey: No • RBNAI CITY COUNCIL MEETING MINUTES MAY 61 1992 PAGE 17 water recovery.school,.etc. Swarner stated the cap will insure use of only small pieces of land. Williams added that.the only pieces of property fitting this description are in the Mommsen Subdivision. Williams supported the ordinance. VOTa FOR IION OF Williams: Yes Monfor: Yea Smalley: Yes MOTION PASSED. ORDINANCE; Walker: No Measles: No Swarner: Yes Mccomsey: No MOTIONS Councilman Smalley MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters which by law, municipal charter, or ordinance, are required to be confidential. Smalley requested that Clerk Freas, City.Attorney Graves and City Manager Brighton be available for inclusion when called. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. EXECUTIVE SESSION BROUs 9:00 P.M. BACK TO ORDERS 10:00 P.M. Councilman Walker left the meeting at approximately 9:55 p.m. due to a work emergency. Councilman Smalley stated that during the Executive Session Council discussed the salaries of the Clerk, City Attorney and City Manager. MOTIONS Councilman Smalley MOVED that when the budget document is returned to Council for action, it reflect.an increase in salaries for the Clerk and City Attorney of 3.6% (cost of living) and 2.5% (step increase) and the City,Manager's salary reflect a. 3.6% cost-of-living'increase. Councilman Measles ONCOINDED.the motion and requested 0HJN=1'OV8 CONSENT. There were no objections. 8o ORDERED. . KBNAI CITY COUNCIL MBETING MINUTES MAY 6F 1992 PAGE 18 RETURN TO ITEM R-14. A document defining change orders, construction change directives, etc. were distributed to Council for their information. Councilwoman Monfor stated that she thought many of these items had already been agreed to earlier. Kornelis stated that a change order is when the contractor, owner and architect agree on a change in work, time, and price. A change directive is agreeing that the work must be done, but a price has not been agreed upon. A change directive is like stating that yes, we know the work must be done, go ahead and do it and a price will be agreed to later after review of the backup documents for the work (equipment prices, work hours, etc.). Williams pointed out that some of the changes appear to be due to errors in design or a direct exclusion from the design. Williams asked if Council approves the work if the intent is to get reimbursed from the architect. Kornelis stated that these items have to do with the contractor. Williams stated that he will agree to go forward, but with the understanding the Council will revisit the costs, etc. Kornelis stated he can continue as he has with other directives. Kornelis stated he will forward a letter to Livingston -Slone and state Council's directive that the work is approved, however Livingston -Slone has not been relieved of any responsibilities. Measles questioned Item H-14a and the difference in cost shown. Kornelis stated that the items will be verified by the invoice the contractor receives when purchasing the item. More discussion followed. Kornelis stated that the verification of the invoice, the specifications, and Section 7.3.6 of the contract insure what price will be paid for work included in each directive. These are not -to -exceed prices. Kornelis stated that the backup documents will be reviewed, other vendors will be called, and invoices will be checked if the cost of the work and. materials seems to be more than necessary. MOTION: Councilman Smalley MOVED to approve of the construction change directives on the Congregate Housing Project, Items A-K be approved; have the Public Works Director attach the letter to it that indicates that this will be researched, and if in fact,. • 6 KENAI CITY MAY 6, 1992 PAGE 19 COUNCIL MEETING MINUTES these not -to -exceed figures are true representation or not, they will pay the difference. Councilwoman Swarner BECOVDBD the motion. There were no objections. 80 ORD$RgD. 1-1. Mayor a. Williams requested Council move the June 3 meeting to Tuesday, June 2, 1992 to accommodate the All -America City group going to Charlotte, North Carolina to make their presentation. They will be leaving early on June 3. There were no objections. b. Williams stated that he will be in Juneau from May 10- 17. Only a portion of the time will be at the cost of the City. =-20 city Manager a. Brighton stated that the Police Chief requested he inform Council that 6th grade graduation ceremonies will include recognition of the drug awareness program in which the KPD hag been very active. Council is invited to attend, May 14 at 7:00 p.m. b. Brighton reported that the Borough Meeting was held in Seward last night. The Assembly approved the City of Kenai's Comprehensive Plan and may have funds to pay the cost of printing it. I-3. No report. 1-4, Attorney City Clark a. Freas reminded Council that the next meeting will be held on Tuesday, May 19, 1992 at 7:00 p.m. b. Freas directed Council's attention to a memorandum included in the packet regarding the International Institute of Municipal Clerks' Conference which will be held in Anchorage in 1994. c. Freas referred to her memorandum included in the packet which discussed Council's request for her to research how long C� 71 KENAI CITY COUNCIL MEETING MINUTES MAY 6j 1992 PAGE 20 Tommy Thompson has served on the Harbor Commission. Freas stated that only Phil Bryson has been a commissioner on the Planning & Zoning Commission longer than Thompson's membership. I-3 No report. 1-6, a. STP was chlorin b. opening co d. es of plans The Bid f. finance Director Public Works Director O Kornelis reported that substantial completion of the today. An alarm sounded last night, however there was no e leak. The Fire Department and STP workers responded. Set Net Drive pre -bid is scheduled for May 280 and bid is set for June 10. Courthouse - plans were available for Council's review. Mission Street - RFP for engineering due on May 15. Airport Drainage - Pre -bid on April 30. There are lots out to contractors. The Estimated cost is $1.2 million. is set for May 13. Congregate Housing - Construction progressing. Williams requested Kornelis check on the construction schedule for placement of the stop light at Mission and Main Street. Kornelis was requested to investigate whether the frost heave will be removed at that time. t-7. Airport Manager No report. None. Citizens J-Z. Council GWarner -y Complimented the street She has heard lots of compliments Swarner asked if the City or state 46signs. Kornelis stated it is not asked if those requesting one can stated that the Police Department crew on cleaning the streets. from visitors and residents. places "Children at Play" a recognized sign. Swarner place their own. Chief Ross would not remove it. That. type KENAI CITY COUNCIL MEETING MINUTES MAY 6, 1992 PAGE 21 of sign could be understood that it is allowable for children to play in the streets. It could be a problem if a child gets.hurt while playing in the street. Swarner added she will not be at the next meeting. Moafor - Nothing. MoComs®y - Received a complaint about the Quandt Junk getting bigger. Brighton stated that the property belongs ns to th State of Alaska and is leased to the operator of the business. e The State and operator who are in violation of the Cityes zoning codes. The City has tried to get the State to do something about the refuse. Brighton has been told the lease has.a stipulation that they must abide by our codes. Monfor suggested DEC could close the business. Measles stated that the construction of the Spur Highway begins pressure may be applied in regard to violating the Federal Beautification Act because of federal funding for the project. McComsey stated he will be in Fairbanks on June 2 and will not be at the council meeting. Smalley - Nothing. Williams - Suggested a letter be sent in regard to the uandt Property about grandfather rights. Qetter from Howard Hackney be sent stating they violation code, f the Council meeting adjourned at 10:36 p.m. Minutes transcribed and submitted hv; • t coo, --� uly DAIS m