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HomeMy WebLinkAbout1992-11-04 Council Minutes�I ADENDA REMI CITY COUNCIL R2119UM NBSTIN10 NOV' MUt 4, 1092 7800 PON* RENAI CITY COUNCIL CRAMBER8 1l. CALL To ORDER 1. 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 Membereso 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. ACHBDU 8D BQHLIC,c m= (10 Minutes) 1. Eleanor Thomson - "Christmas Comes to Kenai" 1. ordinance No. 1521-92 - Amending'Estimated Revenues in the Capital Project Fund Entitled, "Set Net Drive and Court." 2. ordinance No. 1522-92 - Amending Portions of the Animal Control Ordinances of Title 3 of the Kenai municipal Code. 3. Resolution No. 92-72 - Transferring $10600 in the General Fund for Advertising the Position of Building Inspector. 4. Resolution No. 92-73 - Transferring $16,711 in the Airport security Gates Fund for Engineering. 5. Resolution No. 92-74 -- Awarding a Contract for .Kenai Municipal Airport Electric Secarity,Gate Installation Professional Services for a Not -to -Exceed Amount of $16, 711 to Wm. J. Nelson & Associates. 6. Resolution No. 92.75 - Transferring $3,966.00.in th►e Air ort Land Fund for Additional Headbolt.Heater, outlets at the Kenai Flight Service Station. 7. *1993 Games of Chance and Contests of Skill permit Application - American Legion Auxiliary, Kenai Unit 20. 8, *1993 Gases of Chance and Contests of Skill.axt Application - American Legion, Kenai post 200. 9. *1993 Games of Chance and Contests of skill Vera ►t Application - 40/8 Voiture Locale 1539. 'D. $o_=saWHIGME'TE Blame 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 $• XXMTBB 1. *Regular Meeting of October 21, 1992. B'. �ORRgB�pOHD,.BNC, 8 x. NFia woINS88 1. Bills to be Paid, Bills to be Ratified 2. Purchase orders Exceeding $1,000 3. Discussion - Junk Cars/Commercial Propeerty6 4. Discussion - Kenai Peninsula Caucus,. 1993 Statement of Legislative Positions. 5. Discussion - Contractor's Request for Additional Funds and Change in Payment Method - Kenai.Courthouse Project. REROM 1. Mayor : 2. City Manager I • L� KENAI CITY COUNCIL ROGULAR MRSTINa'M' N0VIsR .4 0, 4992 KBNAI CITY COUNCI C pR�tB . MAYOR JOHN 4. VULZANSOP 'BREUDING Mayor'Milliams called the meeting to order at approximately 7:00 p.m0 in the Council Chambers -in the Kenai City Hall Building, Awl. MOG , OF PJAMMU Mayor,. Williams led those assembled in the 'Pledge of ,Allegiance.. A -a . Roll was taken by the City Clerk. Present were: Bookey, Swarner, Monfor, Measles, McComsey, Smalley and Williams. Absent: None, A-s. Mayor Williams requested the following changes to the agenda: ADD: R-S, Additional information regarding the Courthouse - Additional Funds/Payment Schedule. I-1, Additional Kenai Peninsula Caucus Information - Resolution No. 92.9 supporting funding of the. Abandoned Motor Vehicle Fund, NOTION$ Councilman Smalley MOVED for approval of the agenda as amended and requested UUMMOUB CONBRFM* Councilman -McComsey-BRCORDRD the motion. There were no objections. so ORDRRBD. • �- �� _�_ c .a ) 0 Mayor Williams stated there were.no changes to the consent Agenda. MOTION Councilman McComsey MOVED for approval of the Consent ' Agenda as presented and councilwoman Swarner ¢NCONDFD.the motion. There were no •object ions . 80 ORDffiiMD. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 4, 1992 PAGE 2 '��..B1 003DOLED PUSLZG Cosirnes+r e-10 Bleanor ThossoA - "Christmas Comes to Kenai" Ms. Thomson stated that she is the Executive Director of the, Kenai Chamber of Commerce, 402 Overland Street, Kenai. Thomson referred to a letter included in the packet wherein the Chamber was requesting the use of City property on which to have the bonfire for the "Christmas Cowes to Kenai" celebration. Thomson stated that with the completion of the Visitors Center and paving of the parking lot, the area where the bonfire was held in the past is no longer available. Thomson requested using the area in front of the Chamber cabin which has been used as an ice rink in the past. Mayor Williams had suggested at the Parks & Recreation Commission, where she discussed this matter, that a fire ring could be placed. The bonfire could be placed there and in the spring the cleaned out and used for a flower bed, p g area could be Councilman Bookey stated that the area the Chamber has suggested to use will interfere with the area the Visitors@ Center intends to use for static displays. They will also be taking pictures of the Center in the Spring. Bookey donated the use of his parking lot, as he did last year, until another area is designated. McComsey suggested that the City place and pay for the fire ring. Monfor agreed and suggested that the park strip in front of Pizza Paradisos be used. Frontage Road could be blocked off as it Is done for the Fourth of July celebration. Williams stated that the Beautification Committee discussed this., matter at the Parks & Recreation Commission meeting. He suggested they use the fire ring in the winter and convert -it to a flower bed in the Spring. The Beautification Committee would like to place two or three rings throughout the city in the next. two to three years. Williams suggested they form a task forces. and an "Adopt -A -Park" program for flower rings. The City would not maintain those rings -- service organizations would. Swarner stated that the Beautification Committee had discussed. placing a perennial flower bed in front of Pizza Paradieos. A perennial flower bed could not be used as a fire ring. Thomson stated that the use of Sookey0s,parking lot would work., for this .year, providing the Chamber does not haws, to 'oome : to. the► Council again next year for a Olace to. hold their celebration. .:A decision is needed for planning.next year's cslebration.. Thomson stated that the area in front Of ]Pizza Paiadisos would be a good area as it' is accessible aand.close to the -chamber cabin. Smalley agreed that the use'of the parking lot is_good.for this year and the City's placement of a fire ring for next year. Williams suggested that Swarner discuss the placement of the fire ring with the Beautification Committee. The Beautification Task Force should find an appropriate place for the fire ring. Ordinance No. 1521-92 *- Amending Estimated Revenues in the Capital Project Fund Entitled, "Stet Net Drive and Court." MOTIONS Councilman Smalley !LOVED for adoption of Ordinance No. 1521-92 and Councilman McComsey BBC ONDED the motion. There were no public or Council comments.. Vows$ McComsey: Yes Smalley. Yes Williams: Yes Bookey: Yes Swarner; Yes Monfor: Yes. Measles: Yes MOTION PASSED MANI140991LY. C-z.. Or421naa0e No. 1522-92.- Amending Portions of the Animal Control Ordinances of Title 3-of the Kauai Municipal Code. MOTIONS Councilman. Measles MOVED for adoption of Ordinance No. 1D22-92 and Councilman Smalley 821CONDPD the,mation. There were no public comments. Monfor stated that she has received calls regarding the barking ordinance. Animal Control officer Godek spoke.to Council. Godek stated that the barking.. -.ordinance is,subjective. 'Discussion of the citation would come. out in court.. Also personalities are involved and there,, -are . always circumstances. Usually, if'there to reasonable doubt,_: the Judge throws the complaint out. Godek stated -that he.does not want to enter property and take an animal without the.owner being present. Graves suggested that Godek and he review and make amendments to the ordinance and bring it back to Council in a month or so. NOTIONS Councilman Measles MOVED to table Ordinance No. 1522-92 until the first meeting in December and Councilwoman Monfor 8Ethe motion. There were no objections. .00 OSPERED. Resolution No. 92-r72 - Transferring $1,600 in the General Fund for Advertising the Position of Building Inspector. NOTIONS Councilman Mc=Comsey .;LOVED for approval of Resolution No. 92-72 and Councilman Smalley SBCONDND the motion. There were no public or Council comments. VOTE$ Councilman McComsey requested NOVO COMBEXT There were no objections.. 8o ORDERED. Resolution No. 92"731- Transferring $16,711 in the Airport security Gates Fund for Engineering MOTIONS Councilman Smalley MOVED for approval of Resolution No. 92-73 and Councilman McComsey 811CONDEO the motion. There were no public -or Council comments. I • Ll 40 0 VOTES Councilman Mcconsey requested OitB CON09M. There were no objections. s0 ORD ED. a -So Resolution NOo '92-7 - Awardin a Contract for Kenai Municipal Airport Electric Security Gate Installation Professional Services for a Not -to -Exceed Amount of $16,711 to Wm. J. Nelson & Associates. NOTIONS Councilman Smalley MOVED for approval of Resolution No. 92-74 and Councilman McComsey onCOUDED the motion. There were no public or Council comments. VOTES Councilman McComsey requested Ulmt ovo CONSENT. There were no objections. 00 ORDERED. C-a. Rosolutioa Mo. 92-73 - Transferring $3,966.00 in the Airport Land Fund for Additional Headbolt'Heater Outlets at the Kenai Flight Service Station. NOTIONS Councilman Measles KOVaD for approval of Resolution No. 9I-75 and Councilwoman Monfor aEC0Ii1DaD the motion and requested UMINOVS aoxe�r. There were no public comments. Swarner asked if th®.money will e: taken - from the Airport. Ernst stated it- will be taken from. the. Airport System. Swarner objected. Williams stated that plug -ins were a negotiated item in FAA's labor contract. FAA payer for their.own utilities. VOTE: There were no objections . to the request for ViIKOVB COWBIT. 80.ORDERLD. . C-7. 1993 vales of CAsnaa Application , and 4064t, 68. As of Skill . Por�it American Legion AuxillarY. Kenai Unit Approved by Consent Agenda, 20. a'"8 • 1903 Gan** of Cbanoa and C Application - tests of skill permit American Legi on, Kenai Post 20. Approved by Consent Agenda. 1993 Danes of Chance sad Contest J"lioatioA - 4018 Voits of ure Locale Of kill po=it Approved by Consent Agenda. • Z Dial* Council on Aging Swarner reported their meetingie month. A volunteer breakfast i scheduled for later in t . s to be held tomorrow. he D'2• Airport Comission Measles reported no meeting held sine The last Commissionmeeting minutes -e the last Council meetin are in the packet. g' D-3 • Harbor Commission Mornens reported the minute the packet, s of the last meeting are include D-a, din . Library Commission Monfor reported the next meetingis., parks 8 scheduled for next week, AaCreatioa Coamiaafon MCCOWNey reported that inclutded in the the minutes of .the: last �eetir� of. a .. - Packet. AleQ. incl,u�d g were ra,nQl►ution from the Alaska Recreation e in the .packet was a copy commeindinq'Kayo RdGillivra Y.. bill Musi�ori, and the .0 sciation and park. for their worfc on the 1992 Alaskh ConPerenge, .. Council, the and Park A'a cola i Program report. thanked McGillivray for the s ion. ummer youth • KBNAI CITY. COUNCIL MSETING MINUT88 NOVBMBSR 4# 1992 FAGS 7 D-s. pis�rting i Boning C4�tisiio» Smalley reported the.minutes.of the last P&Z meeting were included in, the packet. Smalley reported on the Commission's work session regarding the.sign ordinance. It was decided not to make any changes to. the ordinance. Smalley also reported the See rezone has been postponed.for a. year. The Commission discussed the old Juliuseen house in old Town. It was found to be unsafe and unmovable. It was determined the building will need to be demolished. Smalley stated the Department of Natural Resources is reviewing the complaint regarding the Quandt junk yard. The City will keep apprised. . The Commission discussed the NOAA installation requested by Commissioner Bannock. Smalley reported Attorney Graves forwarded a letter to the Commission with his interpretation of the recreational vehicle ordinance. Graves determined NOAA not to be in violation of the ordinance. Smalley stated the Commission is planning a work session in January to review the Recreational vehicle ordinance. The Council will be invited. The Commission discussed potential trespassing on private property on Beaver Loop who are living in a trailer. City Engineer LaShot is looking into the matter. D-7. Miscellaneous Comissions and Comittees Beautification Coamittee - Swarner reported the Committee met. with the Parks & Recreation Commission and discussed the "Lilacs and Roses" program they would like to start in the City. The Committee would like 1993 to be -the "Year of Beautification" for the City. I Information regarding the "Lilacs and Roses" pro grram is.included in the Committee's minutes which are included in'the packet.: Monfor stated the Lake Clark exhibit .was dedicated at,the Visitors Center* The exhibit is very nice and Monfor encouraged all to go enjoy it. ' Monfor also reported -the new audio -'visual system has been installed at the Center and a chieftain's jacket has been donated to the Center, 0 • KE�Il�►I CITY COUNCIL MEETING MI NOVIRIBER 4, ' 1992 MINUTES PAGE B Pal. Requlat► xeting a9 oatober.l Approved by Consent Agenda, None. 1942. „$ AU Hills to be Paid* `bills to be Ra tided XOTIONI' Councilwoman Monfor MO`72D to Pay the bills, exc®t G Construction due to no amount befng pzovided. P &S, ONCONDEM the motion. Councilman Smalley MOTION TO AMMO = Councilman McComsey XOVM. to pull Penin sul because they have not -paid their ee�les taxaiE Extinguishers out Councilwoman'swarner BZCO ND the motion. a years. McComsey, added that Peninsula Extinguishers of insurance. NO that. he did nodo not carry any kind should be working on the Ct '� think that anybody Bwarner', asked .i' the work . leer inpiauleExtiniout ingnrancxo. been bid ` cut. Brawn stated that � is was nguishT s wasl to do -has Completed. he -work. ias 'been Williams Asked if, the check could be . sel,as tear: Smells suggested . hold. until they Pay their Y t -meted that a t ontraat should include that:. certain. cziteria is. .met '3n order to riav®a ,�oa � h d Smalley added that it bothers him this a y. o the work. " as,happeried. • RENAI CITY COUNCIL MEBTING MINUTES NOV8M8ER 41 1992 PAGE 9 is Graves stated that the City told this company to do the work and they have completed it. Swarner stated she has a real problem with giving contracts out without checking whether sales tax is. paid or not. Brown stated that at one time an effort was made to check on currency of taxes prior to signing a purchase order. However, the amount of purchase orders that are processed keeps that from being done at this time. The Finance Department does not have time to call the Borough on each purchase order. The Borough would not have the time to take to check all the requests. This work was done on a purchase order and originally the cost was under $1,000, The cost of the work went over $1,000 and that is why it is before Council at this time. The company did not have Workman's Compensation at the time the purchase order was issued, because the owner was going to do all the work. it turned out the owner had an employee do the work. The owner was notified that he needed Workman's Compensation. The City has proof that he has applied and paid for the insurance. Brown added that the City cannot withhold payment. Williams asked if a list could be kept of those who pay the sales tax. Williams stated that if the contractors find out the City is checking, they will pay on a regular basis. The Finance Department could match the vendors against the list. Brown stated that would be a lot of extra work. They tried that for a few months. Brown stated that he receives a booklet of those paying sales tax from the Borough. Swarner suggested a statement be made on the purchase order that if not current with taxes the purchase order will not be paid. Brown stated that very often the vendors do not see the purchase order. Williams suggested purchase orders be checked when the amount is over $500. McComsey stated that a certificate of insurance can be mailed automatically by insurance companies when requested by the carrier. Measles suggested using a master service contract as his company does. Williams requested that Administration review this and bring and update. More discussion followed. 0 • • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 4, 1992 PAGE 10 NOTION IrAILND. 11I. OF MOTZOX I . Councilwoman Monfor withdrew that portion of her motion to . exclude G&S Construction from the sills to be Paid. Councilman Smalley withdrew his second. NOTSON: Councilman Measles KOVBD to.amend the motion to place a not -to - exceed amount . of $295.,,792.13 to the pay estimate of G&s Conotruction. Councilman'McComsey StOdSOND the motion and requested OMINOUS CoVen T. Councilwoman Swarner objected. vofs t McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: No Monfort Yes Measles: Yes MOTION PABOND. Puroha. Orders Nx4ae41ag $i0000 xoTlo�� councilwoman Swarner Ko"D for 0pprovel of the purchase orders exceed $10 000. Councilwoman Mbnfor on. _1103D the motion: Councilwoman Swarrier requested vanotxoIIe CovB '. There wero no objections ,BO ORDBRffiQ. HRBut 04 00 RENAI CITY NOVEMBBR 4, PAGE 11 COUNCIL MEETING MINUTES 1992 8-3. Discussion - Junk Cars/Commercial Property. Councilwoman Monfor stated that Assemblymember Moock requested she bring this item to Council. Monfor stated she spoke with Graves regarding the matter of junk cars left on commercial property. At this time, the City has no recourse if junk cars are abandoned on private property. Monfor suggested Council pursue an ordinance that speaks to abandoned vehicles left on commercial property. Police Chief Ross asked who then would pay for the towing. Discussion followed regarding the liability of the City with regard to such an ordinance if a junk car is abandoned on property and it contaminates the water and sewer system. Graves stated that the primary liability is with the property owner. If contamination gets in the City water, it would be the City's liability. Kornelis stated that it would be unlikely. it could be possible to contaminate the sewer system if parked over a 40 manhole. If there are hazardous wastes, DEC would take care of it after the City filed. Graves stated that the purpose is mostly for esthetics. Monfor stated that Moock had written a letter to the owner of Mega Foods due to the abandoned vehicle left on that property which adjoins the property she leases for the McDonald's building (same owner). The owner of the property promised to have the vehicle removed and did not do it. That is why the question came to her. Williams stated that this is an ongoing problem. Williams added he is putting his resolution regarding junked vehicles and raising of vehicle registration for funding, to AML and the Alaska Conference of Mayors. Monfor asked how many times a year is the City called for removing a vehicle left on commercial property. Ross stated not many times. However, if the City begins paying to have them removed, there will be many more calls. Ross added that the vehicle left by McDonald's has been removed. Williams stated.he., would like to discuss this matter further upon passage of his resolution by AML and the Caucus. Ross suggested that legislation should state that the presumptive owner/seller be sure to have a trail of ownership. Ross added that it takes a lot of paperwork in order to have a car put.into KENAI CITY COUNCIL MEETINGS MINUTE NOVEMBER 4, 1992 PAGE 12 fb a crusher. Williams stated there Will' be a lot tied to the legislation. Monfor suggestedof regulations discussed in the Spring. this matter be U'{• Discussion -Kenai Peninsula Caucus, 1,99� g Legislative Positions@ tatement of Council reviewed the Kenai peninsula Caucus 1993 Statement Legislative Positions. Concerns were stated b Councilman of Smalley regarding school enrollment. Y someone from the education field review this suggested that supporting something that may have inaccuracies. Smalleus may be he will attend the Caucus meeting on November 21 at y stated the Statement will be discussed. Monfor will request Bet time Obendorf to attend as well. q Betty Smalley stated concerns regarding labor relations as well f~ Smalley stated he will discuss with this the Caucus on. November K"s• Discussion - Contractorls Request for Addit and Change in Payment Method - tonal Funds Project, Kenai Courthousa Council referred to letters included in the packet others distributed at the beginning of the meeting.as well as Of the discussion is attached as Exhibit "A."A verbatim ='s • Mayor Kenai 0aucus Kaeting - Williams Minded Council to Kenai Peninsula Caucus Annual Meeting on November attend the business meeting begins at 9:00 a.m. ,, 1992. The Counission 1�ssigaa0ata To be discussed et the NoveYgbe Council Meeting. r 18, 1992. Caucus Resolutions - williame requested regarding resolution® to.be-acted upon,by':thesCaucs of Cbunil Included' in the packet. Measles su us which were include "Enstar and all other affe�tted ueilitiesutaton No. 92-13. Objections to the resolutions.. There were No KENAI CITY COUNCIL MEETING MINUTES NOVE48ER 4, 1992 PAGE 13 t-z. city Manager Brown reported that ASHA would not allow the City to Collect_ :. sales tak on. the portion of rent ASHY► pays at Vintage -Pointe. Attorney .No report. Z-4. city Clerk Read into the record the telephone poll taken on October 28, 1992 regarding a purchase order to Air Tek for repairs to Christmas lighting. I-$. Finance Director .No report. public Works Director Kornelis reported HEA will be repair street lights. Referred to information No. 5, the final pay estimate on the Fire Hay and. Information No. 6 regarding water quality.update. Kornelis added a letter will be going out to 40 Kenai residents requesting they take part in the work. Monfor stated she has had calls regarding a change in City water.. Kornelis stated that there -are -seasonal changes- to - the. color, etc. Monfor stated she will.have the person call Kornelis for an explanation. Z-7. I .Airport manager Ernst requested Council approval to work with gosh Xnopper.and the towing. contract for the: airport... Mapper its, divesting his interest of the •towing, contract and it.,is not ..transferable The new owner was in attendance at the. meetinq Ernst stated. he would like to do a new. Contract �fot L thet three... and ,one-half monthe left - of the original -agre n-ent. The new' owner ''Will.keep' this'. name of the business "Affordable Towing."' Ernst stated he.will make; the new owner has the proper insurance. r -I L I a • ["J 0 KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 4, 1992 PAGE 14 MOTIONS Councilman Smalley NoV20 for approval of.the towing contract and that Ernst will wake cure that the new owner has the property insurance and is in compliance. Councilman MaCamsey BNCOUDED the motion. Administrative Assistant Howard stated that FAA has said that the towing is not a concession, Ernst stated that the City does not have to go to bid to assign the contract. VOTE: Councilman Smalley requested 9MIxave CoNem. There were no objections. So onsabD. Citizens Richard A. Ross - Discussed the Public Safety section of the AML Policy Statement. Rose discussed the financial impact of the Basic Police Officer Training. A memorandum regarding.the matter was included in the packet as Information No. 4. Ross. requested Council to discuss this when attending the AHL Conference. _ J-Z. Council eookey r- No report, Swarner - Stated she was asked if there will be an outdoor ice skating rink in the downtown area as in the past. McGillivray stated there has not been an area seilected. Swarner requested Administration.to.review the mast contract cone t for those vendors the C3,ty contracts. with.for amounts' over 500.00. : Rostov - Requested Brown to list costs paid for li -Azeri ' City items in order to remove those costs from. -Miscellaneous and. -have a separate account for them. r� KENAI CITY NOVEMBER 4, PAGE 15 COUNCIL MEETING MINUTES 1992 Brown asked if she wanted a memorandum with all City expenditures. Brown added that some of the from other budgets. Monfor removed her request. MOaslee - No report. MaComesp - No report. the All -America costs were taken 8ma1107 - Stated that the Padgett vacation of easement will again be before Council in the future. Smalleyrequested request councilmembers to go to the area to look it over whlethend is frozen. g Reported that the RPM area has been cleaned up. He has received a comment that the City should have done something about the area before a citizen complained. Williams - Requested to form a task force to review the budget discuss revenue sources, finances, etc. of the Kenai visitora Cultural Center. Williams suggested that Louie Schilling, nd Marilyn Talmage, Jim Singree and Joe Arness/Marion Nelson be included on the task force. Also, Jim Bookey as a representative from the KBVCC, Charles A. Brown, from the City and Betty Glick as the chairperson. Monfor suggested someone from a bed and breakfast be included.: Council added Ron Rainey to the list. No objections to the list of names. The meeting will be held in the Council Chambers at 2:00 p.m. on November 16, 1992. Williams reminded Council to attend the anniversary pro am at the Kenai Fire Department on Saturday, November '7. � The meeting adjourned at 10:15 p.m. Minutes transcribed and submittoa hip. tmenove) By COUNCIL KEN CITY COZINCIL MEETING NOVEMER 4, 1992 �u t WILLIAMS: All right, we now have Item H-S. This is the discussion regarding the contractors request for additional funds and change in payment method for the Kenai Courthouse. Where do we want to start? We have before us a memorandum from Keith and a letter, to Dan Green. Ah, Mr, Green, I believe has followed up Mr. Kornelis' letter with a, an I correct in saying, a cost estimate based on your letter? KORNELIS: ` WILLIAMS: Okay. All right. Let's get to the crutch of the matter. KORNELIS: Do you want me to try to start? WILLIAMS: Go ahead. RORNELIS: I guess the best place to start is with what's in the packet and ah go down about the fourth paragraph. The first sentence pretty much says it all.and that is the big problem we're having is we're running out of contingency . Ah, as you'll recall, we,approved Change Order No. 1 for $2491 That's a $250,000 increase to the project. Basically, that change order allowed the contractor to go to time and materials excavation to allow for the concrete building foundation and slab concrete labor. Because of.the continuing cold problems he's had with freezing u„., ah, he's running behind on his concrete work ai�ca mo ecase of problems he had, we had when the excavator found some additional contaminated soil and so we lost a month -and -one-half, two -months there of good construction weather. • • The contractor now is saying that he feels that there should be an additional $159,594, about $160,000 more. What he feels it would cost on a cost-plus basis to complete the construction of the building or the to complete the building foundation and slain concrete labor. This totals $480,000. He also feels that because of the problems with the cold, that. he'll have to frame the building in before he pours the concrete slab -- about a 31,000 a.f. slab. Frame the building in, put heat the building, and then go inside the building and pour the concrete slab itself. And it's his feeling that this is not.the. way that he bid it and he thinks it will be more expensive to.do it this way. And so, hate requesting to go to a cost-plus method of payment for the framing, the wood framing and also the steel; framing later. At the time that he submitted this, he wasn't: requesting an increase in the amount for that item, but the fact that he wanted to go to time and materials. But, of course, by going to time and materials, I believe it's open to quite a bit of overrun. I would like to go for a not -to -exceed amount obviously because he would rather just get the lump sum only that amount he had to bill. You go through this material that's in the packet and you'll see the stages we've gone through and the Court System, of course, will be paying for this project in the long run, so I've been working with Chris Benedickttson with the Court System and you'll see the letter that I passed out today that show the summarizes the architects three different options to take a look at. Going back to what the cost requested to do that, leaving the framing of the amount t at's an addition on the schedule of items, we would only have $69,254 left. The is probably another $10,000 for some electrical work from HEA. Some HEA work that I had to take into consideration. Okay, that hardly any money left in the project. Running through th s, real quickly, the letter that I passed out tonight to Chris Benedickttson, the three options that McCool, Carlson, Green, the architects, have, number 1, stop work on the courthouse during the winter months. I've listed there some of the benefits and some of the non -productive costs l did ask G&S for a cost estimate for that and that's also in packet that was handed out. The second option, is basically the option the contractor is.. requesting and that is to add the $1591,000 to the amount, to the cost-plus item for the concrete labor and put the framing on n fourth _„ I mention that, and may very possibly wrifoe an overrun because that's the reason why the.. contractor wants to go to cost-plus because he's afraid there's going to be an overrun. • Unfortunately, option that I mention under "c" of that option is that we could not have enough money to do that. There's also go ng o be an overrun on the excavation, which. would be Pay Estimate 4. Tonight you did Pay Estimate 3. .Pay Estimate 4 shows the excavation so it's already gone over the limit one So that w 11 also be eating up the $69,000. The third option that McCool-Carlson came up with is basically using the second option, only asking the contractor, instead of giving him cost-plus for a maximum not -to -exceed amount, or. basically, a fixed amount. Um, I feel that, well, I'm sure the contractor would put a rather high cost on that. I don't know, we haven't gotten a cost yet from the contractor. Hut, ah, we are asking him to increase his framing cost to a certain amount to make sure that he had enough contingency to cover that. And that option, I would imagine, would probably obviously eat up that $69,000 also. The next two paragraphs kind of explain my feelings on the The next paragraph is of course, dealing with ll ng. Grace Dr We feel they're responsible, but, for its obvious from the letter we received from Grace Drilling, that we're going to have fight for that amount, even we may have to go to court to get that money back so that could be two or three ' years down the road after the construction is completed. So... The last paragraph is the contractor's objected to is basically there is the fact that if we go to a cost-plus method, we took all of the risk out of the construction from the contractor. If the contractor had many errors or miscalculations or anything on his original bid, we've taken that out, we've taken any worries he's had on the weather out. We're guaranteeing the contractor that he will make money because whatever it costs him to do that item, we will pay him for that plus 15% overhead profit. So, we're taking a lot of the risk on. We've already done that on excavation, the concrete, now he's asking for the framing, steel and the wood framing. So, I thought maybe I had a solution, but at 4:36 we received a reply to this third option, fourth option that I passed out tonight. And that was maybe we could work together as far as giving the contractor some additional time, like two months,:so that he could use his best people and his best time to do the work and try to hold the cost at what he had put in hiss bi on or in his bid proposal and his bid schedule for framing. Again, he thinks that the framing may cost because. he's going to have to do the framing on the sand 'stead of actually having a concrete slab to work off of he'll have son.® additional problems with that. We're kind of. in a little predicament here because we've.run. out of funds and there are no other funds. The Court 'System, I've talked to. them many _times., and they, don't have any funds. There just i6h I t. any". Olva fable. - . f course, ' thrro + a no financing from the loan, bond .or the loan got the . financaiang for the project so, w re► c n of at. a position now that we're go -ng to,. Save to cori►e; up with a solution and it' a going, to be very . di f f ioult ,to .. �' ino . a solution . that everybody's go ng ' to be happy with, The Court System did not gat back to sae today with a written FAX. They, slid call sae, on .the phone and said that they . would root, they wanted to make sure that we ;went to something that had a fixed praduct. They did not want to go to alsituation;. that left open on a volt-�plus.baais where you get:in trouble down the line with additional overrune. My idno' I don't know,',at this point, we talked about today having the Court system, Chris and the contractor and the architect and myself sit down and try to figure out a method of so that we can keep this project going through the winter. i don't know.if there is a way to do.it. I think we've run out of money.basically... MONFOR: Mr. Mayor? 11ILLIl1� s Yes. I have a couple of questions, if you took the time now to sit down with Mr. Green and the Court System andthe architect, what are they doing in the meantime over at the building site io.my first question. And secondly, if there's no more money, it would seem tone that the contractor would have -to work within the - scope of what we.have because we did this in good faith with the Court System, and I certainly am not feeling at this time, 1.want to burden the City, coffers or, the taxpayers with additional cost. And we all know that We'll have to go to Grace Drilling to recoup expenses- .from, the contaminated. soil and that is money that. we know that we're. going to'hopefully come up with later. But I don't even think we can, banX.ori that anymore. I mean, thatis not a sure, feat. that' we I re . going to recoup everything. - that,, we' would have lost unless; you know of eomething'that we don't know, anti it, is a aura fact? So those area 'my three, I guess, questions or comments. 0 • U CI RORNELISS The contractor is continuing to work. They've been working two eight -hour shifts up to this point. The money's has gone very fast. When they were working, see originally, we didn't have too much choice on the excavation. We had to go with time and materials because it's completely different project now. See,. we've had contractor saving material, moving material around, completely different from anything that he bid. So that was sort of given. We went to the accelerated schedule with the concrete because we thought we could get the project back on schedule.. But, back in the first part of September, that, in fact, five weeks ago, it was sort of the deadline. I mean, the crew was going to work two twelve-hour shifts and really hit it and we did do that but we ended up with, after that point, we ended.up with some hold-up's because we found some additional holes with contaminated soil, some additional places. And that slowed up some of the, some of the foundation work in that area. And then, our weather ha has been because, it has first part of September, Almost every day except our ground has not had a been getting deeper and time, we digging around bringing sand in trying of there as we compact ,s, it may not seem as severe as, as it n't got extremely cold, but since the every day it's been below freezing. for maybe four days out of it. And so chance to thaw out there and it's just deeper. So, you know, at the present the footings, digging the frost out and to, because we have to get that frost out _ around the foundation.' So, there's been a lot of problems n defense of the contractor, that he hadn't foreseen, you know, when he was, gave us the price that was supposed to get us back on schedule. We're not back on schedule. So... MONFOR= How off the schedule are we? WILLIAM8 t Yeah, that's the question that begs the answer. How many days actually off schodule are we according to the original contract? RORMLts a Probably five weeks maybe, huh? Four or five weeks. GREEN ( IN AUDIENCE): Four to five weeks. • 6 • WILLIAMS: So we started off schedule correct? GREEN$ Yeah. WILLIAMS: into the accelerated building program 35, 34 days and we're still 35 days off schedule. Is that We didn't gain a thing, in other words. XORMFLIB: Well, there's quite a bit of work done, I mean... WXLLIAMB: I'm talking about time. In consideration of time. We were five weeks behind schedule when we went into the accelerated program and the accelerated program brought us to a point where we're still five weeks behind schedule. Is that what I'm hearing? GRMRN s That, that's true, but there, you got to keep in mind all the other things that caused more continuing delays that really extended that 37 days to a much longer time than that. The continued cold, frost... KORp8LI8: If he had come across contaminated material and we would have, there wouldn't have been freezing temperatures continually, that was what you'd base your five weeks on . I don't know if there's a solution to this and I, that's the problem that's just been racking my brain for so long I can hardly sleep over it. We got everybody trying to figure out how to do it with the amount of money we got and ah, I don't know if the contractor has not made a suggestion on how to actually do it to stay within the budget and maybe that's something he could do. WILLIAMS: My biggest fear is that, you know, if we move to a time and material basis now, on the framing, we've moved once, we're going. to move again on the flooring, the rest of the cement work, if.we move on the framing, what's to prevent this entire job from. turning into a T&M job? What's to prevent every sub from coming Fag4 ...k..... -��f � • back and saying we're going.'T&M? What's to prevent throwing the entire contract out and running this building a Million dollars over the original cost? Where do we stop? I think you have to take a logical.view of, from a construction. project,.and to reach a point there:where you hays a structure that provides an atmosphere that a contractor without any additional costa. As soon as -the u. 1 ng s Pram®d, then.we can heat it.and we've reached that point -'.The original intent was'that.we could get'to the framing stage at"ths period of time that we had originally had planned to_^ It was about October first And, we still don t'fiave a. slab. We should already have framed it. WILLI71M8 t We should lae carrying this conversation off before we can get some comments on the record. aRz= (AT us xIC) = So I don't ah, I'm in agreement no magical answer to how we can, I just don't know. WILLIAM8a with Keith, I don't know, I have how we can solve this. I mean, In a real quick synopsis of this thing, leaving the floor out.of it for right now, let's forget the pouring of the floor, how, close are you to beginning the framing? QREM We started. WILLIMB t You started the framing. Manst That's right. WILLIAM8 t How long will it take to complete the framing? r 0 That's going to depend on, ah..e on how many men we put out there, WILLIAMS under your normal schedule, Just- --Gass The original schedule we had allowed frame the building* for about two months to WILLIAMS going YOU What do you think at this time it's w our°original okay. our original schedule with y went according to y manpower, how long will it take to frame? QRHZU= of that depends on weather, it's ah " two eight - .In our hour So much two shifts, plan we had allowed for some ah, how much is going to shifts and it's a tough question, I mean, and, really, what's it snow? How cold is it going to wet? Andy do to production when we're framing on°diir�Batiu�sthan going cr to secure walls t on concrete? We have nothing put any interior going to be a lot more diffir�ueure cWe'van'tallowed for all the framing in until we have a s bearing walls, but we haven't allowed for any interior fram razing. bea w So, I think, that probably the most prudent approach from my e oint would be to scale our crew back lw where are we have een with vi wp People most efficient, most timeskiland usepthat core group of people to try this company a long to get it enclosed. My reason, to frame this building, or try reasoning for asking for the force account work et and we havthat no e what, when we get to the end °f °be beforegcouncil asking for exceeded our budgefun�g:unt, 111 those additional can't really say why this is happening or why Now, it hasn't we happened. I mean, once we gotten to a point where deny that happ I weeks behind schedule, anwint winter ahlot different than fall* framing in the middle of � Its going,to mean, it's just a lot tougher. It's a lot darker. gut, require a lot more effort on our part a°make that wo k, then everything ig. if we, if we're on a force acc°no question that our peopl®.are documented every day. That production is what. there. That our people are performing. it should be and to me that's the key to this. It's a difficult . situation, but this will provide the council with the assurance i ' claiming to be doing. All the that we re doing what we're Q1 i ng documentation would then be there. Yt's iin place under that scenario. Getting; back.: to:, tho�e'.� a portion is here where we're talking about extra Costs.'for oonorete - work and .nne thing and another.. 1?orce account. the concrete, work. What I'd like to get mindou to if we 'force,; account the .framing, and we get. the . fr g p. is, isn't then we. could be.assured that the cans�rete work inside going to cost any ls9re than it would . ha'VO originally have cost or are you saying it' s going to cost aconsider. able amount mor®. GREEN$ No, it shouldn't cost, no more. WILLIAM i You're going to heat the inside of the building anyway? GREM Right.. 1/ILLIAtL4 t All right. KoRMLZe: That, that cost $159,000... WILLIMS = A►11 right. The additional $159,000, to. increase his. building foundation and slab concrete labor cost per.item and then put the framing and steel framing labor item, line item, on.,a cost-plus basis. so what -you're really-sayingis, that you want to add an additional one"hµndred-fifty�ninO-six, eh, for �the foundation, slab concrete costs, .plus qo on force account for framing. GREEK g Thatfs,right. We just said that it probably Won It, cost us any more for the slab. once we're framed in* In that additional amount of money is the original amount for the slab, All right. In the one-hundred-fifty-ninG thousand is the original amount for the slab, Gas=$ That's right. Which is very large portion of that amount of moneys M All rights so COUNTS why is it additional then it that's in there? that . amount of money is our estimate on what work It's note, it's* remains to be done and.included in that is the slab. There -Is 26,000 square foot or there aboute-slab.tc be Pcured yet.* And... when we went to ChangeOrder-One that we dids,, we bi3O xe that J two items. being the site ,condret a, . and .all concrete up Into eate&� a 'new it'"' - material, which "is. $249 000 and, -then WO -Or er a called, - Suilding Foundation slob and ConOtets Ukb*r­Cost-Pluss Which amounted to. $248 wi..,43%dreaded, concrete. about:_ wad brie: aqoelorated -was,fori -part •o I : 'I . $51,000 alrOadTand:that it Schedule and so on .end go forth ite didn't Make h "I s finish the ...concrete.: for What that 6S.Oim.ate'Was*, t hundred-fiftyn, thousand nine dollars. 'short rcc.-M,what lie .feels - ,. would Complete that slab" That"s what he a askincj•Ioto. 04i That's right. rNisLL=�: , The one-hundred*-tifty"nine thousand will completes all the. concrete ins luidirig , the. 810b. The buildinglconorets. RORJIL=BI The building. WrLLIUS S ' Building concrete and the slab. a�sx: That's right. }' 11ILLIlll�t8 t Now, you object.to using the third the cost option, whit h asks for anot- of framing the steel framing to-axcsad amount to cover labor items. And I notice that in your letter you object., fault to primarily on the basis that this whole thing wasn't your begin with you shouldn't be asked to. sac=rifice anything. on=$ never spoke -to the third, the third.option. it I'm willing to give the Council a price to frame this building in the middle of the winter I oan do that. And would be.-happy.to.do than. But I can tell you for a.fact, that you will get a better deal if you don't force sae to do that. If you force me into a position of giving you thi2rean ice, then that will be they price. _' 11 live with it, and you .live with it and on we go. But I'm not going to put - self.in'a position an €raming where l feel dike. I'm going to 3eopardize.my livelihood. I'm not going to take.a chance ' on the framing., NILLYAKe t � :.. see..the ponition,we find ourselves in is that if we go ahead and force account this framing h»d then. use u the. $,160' se0_ for the concrete and: we faring. ourselves down to p$+69, 000 ..n a r�ontingenay fund on a firm million. dollar building, can set, here and I can Pages j f unequivocally state that that $69,000 won't last till the and of the project. We'll reach the end of the project without absolutely any contingency funds left whatsoever. Somebody's going to wind up with a big cost overrun on the other end.. This, building is going to cost far more on the other end, no matter how we out it, than the money we have available. Now, I think I can say that safely because, you know, welie.just now beginning to look at the, at the real problem. The first.one comas out right here, Ward Landscaping, can no way shape or form, meet his schedule. And he's telling us, "Hey, I'm not going to perform." Ah, C&H Construe... Plumbing & Heating, no way shape or form can meet that schedule. GREENS No, no, those, both of those letters speak to stopping construction. WILLIAMS I know, but we know that we're behind gchedule now six weeks. Ward Landscaping says that if he hasn't got his stuff in the ground by June one, he can't perform. GREENS WILLIAM I See. ORBFN$ I'm confident that it can't be in the ground by June 1 if we don't stop construction. if we stop, it won't be. XONFOR$ Mr. Mayor that's my, that's the question I'd like to ask, if, if we approve the $159,000 and say just say do what you have, to.do4 get it done, when do you think you could be back on, and.there are no more contaminated soils or surprises, taking into consideration Alaska winters, which vary day to day and hours -to - hour, knowing how such you built in our community, do you feed.: that you can get back on to some sort of regular schedule? Or`. will you always be six weeks behind? NILLIAMBs Right. There goes the... MONFORs So, if, on looking on it, if nothing else major happens; then; we're having a completion date that's anywhere from sift to.,eight weeks behind. Gansu$ I think that our original completion date was a month earlier. than our twelve months allowed. MONFORs So maybe we're looking at 13 months now? ORRENs Not really...I mean, realistically, I can see this project running over a month from its original completion date. WILLIl1MB s 01 Let me ask you, just a question from a purely hypothetical standpoint. What would you do in our position eight months.from now when there is no longer any money left and we don't have ' money with contingency left, and there's still $250,000 worth of work to do out there. How would you address that question? t�sN: First of all, I believe that the whole situation we have,out there is not the fault of any of the parties that are:repreaented. here tonight. It's nobody's fault that this thing has happened_. I don't even know what the contingency is. Let's say it+s� $4000000. That's less than ten percent. For this projec't., under the circumstances, to have encountered conditions like we've encountered out there, to run over ten to fifteen percent, in my estimation, is not an exorbitant amount of money. Under the circumstances. It's not good. But, these things happen. I don't really understand, and ah, cause I don't really understand the financing of this project. I realize the revenue bonds that were bought, once that contingency is gone# therel0'no. more money. There is no more money. Specifically designated ., for , that fund, but nevertheless, the project has to go on. y mean, Y just don't see how it's feasible just to throw our hands up -aft, walk away from a five -million -dollar job that's a million dollarls. underway. I don't understand why council can't take money'.outof • • General Fund to cover this in th WILLIAMB= e I don't think there's a person on this council ready to tap the General Fund of the City of Kenai in the hopes that we'll recover it in a law suit. We're in a law suit right now that's been ongoing for more than six years, seven years. Trying to recoup a $3 million mistake that was made, and we are no closer right.now,, we've haven't collected that money yet. OREMS Well, I don't, like I talked about this and talked about it. It's question, I suppose. WILLIAMBs say, I don't know. i, it's, and I've everybody involved in this project has an extremely difficult unanswerable There's one method by which we could cover ourselves in the event of a massive overrun, but it would take the cooperation of the banks, lending agencies, the court system, and everyone else and that is to go back and modify the bonds, borrow more money, up the lease rate on the building, and redo the entire original agreement. I'm not at all sure the Court System's up to doing that. 8NAR1�IBR t I'm not too sure we are either. DROM Nobody's talked to them about it. WILLIAMe= Nobody's talked to them about it. Well, we can stumble blindly into this and hope for the best and I'll guarantee you coming out at the other end, we'll be at least 250,000 short. MBABLRB: Do we have a choice? SHRMRY= Yes, that's my question. Do we have a point? And, I agree with what Dan's saying, you know, the problem is not his problem. The fact that we have an incompleted $5 million facility's going to end up being our problem. Whether we want it or not. WILLIAMS Ah, let me pose this question to the contractor. If this, 3.f the.. answer to this question were delayed until the 18th of November, that's two weeks from today, would that affect drastically your: whole construction program? Can you carry on for another two weeks before you get a final answer to this? GREEN: mean, I'm carrying on right now with no authorization from this council to be spending any more money. And I can tell you right now, I'm already spending money that I have no authorization to spend. s WILLIAMS The problem we're faced with is that a meeting with the Court System can't be scheduled until next week. Most of us are all going to be gone next week and the earliest that we can all get back together and meet again is the 18th of November. Now there is an option Council. We can, we can, we could authorize his continuation on a force account basis for the.next, two weeks until such time as we come up with some consideration from the Court System and then we could decide to shut it down then or continue on. MONFOR: I don't want to shut it down. BMALLRY: I don't want to shut it down. (A moment of discussion among each other, not recognizable.) 11ILLIAMB: All right, we can't even authorize a force account. We can't. authorize a force account operation for the next two weeks even. XONFOR: We can't? i WILLIhMB= No. 8M�1LL�iY = Why?. M uzus I Not without the permission of the Court System. What.'a they eariiest,we can discuss this with the Court System? "hV28: Tuesday, or Wednesday.is when Chris is going to get back from a meeting, so we thought maybe Dan, Keith and I and Charlie would meet Tuesday or Wednesday. KOMORI well, I think we have to trust each other in this situation. 1IILLI11M8 = Here's a scenario that. we could. operate. It's going to take a lot of faith on everybody's part. You can.continue operating on good faith. We oan meet with the Court System by about the tenth or the eleventh and see what they say about the.. whole thing. Ah, you'd have the opportunity then of bagging it if the Court System. says no. We as a Council won't be able* to get back together until the 18th. We can however, give the Administration the. leeway to use their good judgement based upon the decision of the Court System who is the ultimate owner anyway, oRNBNII one of the questions that comes to mind. Ta-.date, we're still waiting on this first pa estimate. I have not received one dime towards payroll since this acceleration has started. So, I have. probably got ' in excess of $4000000 off, in payroll right now. wz .. Im I okay. Well, we got two hundred and how much.... MOW.01t t Ninety -fives.. 1k LN • WILLIAMS$ We've got almost $300#000 back to you now. so, payrolls are running in, slightly in excess of 20,000 a week. 1 would like some assurance from the Council that I'll be safe. WILLIAMS see, it's really a tough situation, because we're caught right. -in the middle. We can't give any assurances without clearance from the Court System. 8Idl1LL�OY t Mr. Mayor, if he's working on a contract with the City, I think have going to be paid. WILLIAMS1 Well, yeah. But we've agreehasith to beeCourt clearedsbytem themhat to begin everything that we pay them with. MONFORs I can't imagine the Alaska Court System's going to say, "we're not going to pay you" after he's done the work. And we haven't told him not to do the work. WILLIAMS Councilman Sookey. 800RSY= Dan, are you guys, are you framing now under T&M? GREW $ No, we're just framing. 80ORBYa Okay.. So you've kept track of your hours? Ghats Oh yeah. We keep track of everything. Under this scenario,. believe me, we're keeping track of everybhing. 11 BOOXUYt So you know today what you're hours are for last weak. GREW$ oh sure. Absolutely. g0O1t�iY= So, 'if it did roll back to a T&H, everything would come under... ORSIDT t Right • But, one of the problems that we'Ve aall...weire still. going on with concrete and the budget's basically gone for concrete and has been for almost two weeks. So there's no mechanism right now for as to get any money period. I cannot turn in a pay request because there's noilthere's ow for been no e to be paid. e order to change the contract amount to WILLIAMS well, if we're going $20,Ooo a week and give you $300,000 now, that only puts you $100,000 in the hole 150... WILLIAM$ 150. KOMORI Things are looking up already* WILTAXI I (Laughter) We go two more weeks that puts you another $40,000 or $190,000 in the hole. QREMI Yeah, just 200 in the hole..* vQICx n0X nN AUDIMCN t love got a business for you...(laughter) 0 r ` . 11ILLiAlIBt I don't know Council. I think the best that we can do right now.. is say operate in good faith. Send the Administration to talk to. the Court System and give the Administration the work this, "a leeway to work it out with the Court System. They're the owner. 13MLLRYt Is Mr. Green willing to do that? ORMs t We want Dan to be there. NtLL=AMBt • Well, yeah, he's going to be at the Court System meeting when this all comes down. 4RXEN t Well, I feel like ah, we've basically operated on good faith for since about September 4th. 1/ILLIAHB s is All right. Now we can go one step further. How much, let's see, we've got how much cash in this thing now, outright cash in this project? BROWN: The City? WILLUMB t City, right. BRO N$ A small amount dealing that, the appraisal... 11ILLI71�L8 t Cost of the land. (inaudible) that's already appropr a e . we 35"HrFlivi to pay that (inaudible) BROW: (inaudible) wilAIAM S All right. am=$ Wore not , going to. offer any good faith'. at all.. I think when.ah, if I had an attorney standing here over my shoulder, he'd tell me I was out of my mind to do on. II UMB True. �[0�1FOA I Ah, where going to give you $300,000 here. eitlR�T ,Welliyou worried me for a.little while tonight. And ah, ,l mean I thnk 1, it would be appropriate for the, for the Council to t1ke Some. of this. risk and this with me. 11ILLl�lMB t Well, the problem is, we can't take the risk. We're not. First of all, we ©an t take the risk in a timely manner because it.. takes four weeks for us to do anything in a timely manner. 'we have to produce a, an ordinance. We've got:to have a public hearing. We have to pass the ordinance. It takes four weeks to do that. So, and then even if we do that, we open ourselves up .for a lose if someone else decides that we shouldn't be reimbursed, you see. GREUt Well,. from a logical standpoint, ultimately, what happens if I continue and we get to the point where the Court System says, "thatfs it, we're.done, we don't anything to do with project of anymore, it's too much money, it's going to take too lon .;I Where's going to leave me.: long .;I = In that case, I'm sure that, you know, whatever costs have been incurred to that point, would be covered by someone. Game Let me,.ask you this... NII+LxA� � I didn't say who someone is... Is 3.t, would it be appropriate to take money .from the framingportion of this project under, pay request, under that line item. for framing .so I can be paid for the. monies were expending 11ILLIhKB � In advance? i . • • 1�1 GREENS No, no. Not in advance... SMALLEYS For the work that's been done. GREENS If I've, if I've spent another $150#000 on.concrete, but there is no line item for concrete anymore because it's gone, -why can't we shift that over into framing in an interim period? WILLIAtMS S Remember the contractor that builds houses ofor? block till he he gets to the very end and the last one isn't paid GREENS Oh yeah. Well, there's always the chance at we no money the end and there's no money for landscaping. There's paving and there's no money for curbs. WILLIAMS: That had entered my mind. We'd and up with a gravel parking lot and no landscaping. GREENS To me that's a better option than... MONFORS We can adopt -a -park... BMALLEYs (laughter)...adopt-a-parking lot... KORNELIBS That might be a mechanih��eCurtSystem will atho he thsysntdo�h�t• (inaudible). I don't t NILLIAMBS - . Why don't you use that as part of your discussions when you have your discussions next week. offer up the options with with tng such things as paving and things like thate moss. idea that when it gets right down to the Witty -gritty, we.ah, we go bacak : and look for. some Money someplace to finish the project off later. A lot of.paving and exterior cement work in that thing,, Roll, over, curbs and things -like that. Maybe tote.; should hove this meeting underway , next creek because something like this adminigtratively sounds like it1,s :a little bit important,. Maybe just a tad bit.more than AML.. WILLZRKBI Well, you know.,. beIng six. weeks .out, or eight weeks out in the wind, another week,ien't going,to bother it that much An' ty'.. estimation. BMAMNY a Well, if Mr. Green and his crew is still working, it's no skin off our. nose, but it is his. WILLZIIMB! Well, here's the point. They're not going to have this meeting until next Wednesday. Tuesday or Wednesday see. And Wednesdays. a holiday. Ah...we could call a meeting,for Monday the sixteenth and speed it up by two days. FRMW t A special council meeting? WILD MB t A special council Meeting two days early. We could even call a special council meeting on the 14th which is a Saturday.- eWAMMI t don't come back till Saturday night. MONJR, t I won't be here. BMAL AV I'll be here. r-I O NILLLl�tB = I had planned being herd by Saturday evening. Not the Satur-day. 811ABliMRS. Well,, I could comet by eight o'clock or 8 s 30 or some such thing... . TAPE BREAK ...with the Court System, And the details are worked.out to the satisfaction of the Court System, on the meeting of the tenth, which may, since the' eleventh 'in, a ..holiday, wind up on the 12th. What objection would the oun'cil have .to going ahead with whatever the Court System and the Administration decide? BILII►LLBYY i Probably none. BNARpBR= That's right. Bi�LLI�n't But I can't speak for the rest.of theta... WILLIAMS Well, that's why I would ask the Council this time, as I did earlier, to direct the Administration to have that meeting. utilize their good judgement.based on the decisions of the courthouse, Gaurt System, and if possible,.give.Mr. Green an answer on the 12th or the 13th (inaudible) xe CONO S If hele at that.meeting and agrees, then.= would think it would be all right. with me. WILLIAM = He's therei the.+Court System's 'there- and our head beancounter is there... BILALLhYY= . .. Well, trust sae, if ''be. makes a ,d®c�isio». are .don't like, he'll -know. about . it . Pagel ...°f+•�•, ••..... o� .:. Pages • • • 4 WILLZMU s Ray, hQw do you feel about that?. 1�18L88 s (inaudible) (laughter) SJU"sxs He didn't hear that... WILUMS s Does anybody have a Problem with that? 8W�1R1T8As The only problem I have is spendtn General Project and were not doing that yet go.,. Fund monies for this WtLL=USs .. We can ' t do that for four weeks. M�eL88 s Question. I donut understand reallywhat's hags four -hundred -and -whatever thouhappeniu here if and We haven't. and dol.larg in this project already been done i ndiwelahat is the hang-up on chat payment for $295,000 max.Ve only seen $ work i$ than what we saw tonight? Has the cit Pays or a request for 9 Y been billed for more work HROWNI I'm sure Dan aan s because = was Wonderingtif this I was going to bring that in that payroll. This won t be a�say to Estimate 3. Now p this. Was almo,at-4300 000 gat csught up' that in to the city* Estimate.4, T understand here, thatts Pay You nave turned. GREl6�1� Yeah. Theress no concrete o because thereto no line item 'forth t payroll or on that y pa. r sae to put it in. equeet BROM Go, you t re taming about' even on Pa Es You ve done thatIa not on Pa Y timate 4, therews. Y Estimate 4; Work • 0 dREns Thata right. That . pay estimate is. newly $900 #,900, . the next one, that; a on Keith., s desk, I believe. . ORR=$ And that s almost all excavation and damp proofing and subcontraat'work but nothin 'f It's not , it+s'minus what we paid him -tonight too. It's not a full a00,000. WXLLIMB e It's $800000 leas 295. BROwI�1t I don't think so. OasM V011, I don't have it in front of me... XO LIB = I'm quite sure it is. 4 Pa .Entimate y you put previous amount Paid and that's what he had for Pay Estimate 2. ' B�oUl�t Okay. 1 didn't have.a chance to look at.that one yet. NtLLIl11d8 � . When clan you review that next pay estimate and have it. ready for the Council to look.at7 Well,, that one,.that one I,intended to put in the next packet,. L mean, _, this one, .this ones,. Pay 2atimate .1 missed tie . ,14st . packet and now is in,, this 'One,. Pay Estimate 4 missed .this packet and now it'® going to go on the next one. r .. . 0 • 11iLLI11N9 e Okay. The question again fa hQw, how h Estimate Na. 4 re � ow soo ady°r1e Council to review could you g®t pay BROVXI Next council meeting. WZLLZAN # What's the earliest, if you went t that you could get it ready? o work on it tomorrow morning 8�1�ILLN'Y� Next council meeting. WZLLtMg s o other words, could we have a meeting,, now, 48 hours from now, g. you know, two days from BROW: One Of the Problems with ail of this is that let's come to a conclusion ou the pay Estimate ` t s sa I can Then we have to ask the Court Systems approval. that's $a95,000. today the Court System wouldn't give approval. Keith told me Tuesday? their approval until XORNSUSS No, he wonot be able to give us a si e 8ROVNj d pay estimate back... yeah* 1tOR�gL=S = ...he's gone, he's left. BROM Yeah. KnesBs I So the Court System also has to'ready rove though the oontract is already a ro each pay estimate, even . Pp v'ed. Page .... fi• �..� BROWN: Yes. XORNMIOa Every change order, any time, they, pay us Iaoney. l�i$yl8LE8 a In that case,,, one thing that Mr. Green needs to do is make sure those pay estimates get to us the day before.the'deadline for these packets instead of the day after, which would.0peed.'.+ Two weeks, it would 'speed you getting your money up about tiro wheku. aREBNa One of the problems in defense of your Administration is these pay requests are in excess of an inch thick... KMLi8 a I realize that... OREENa Because theysre force account pay requests and I mean, it just takes a tremendous amount of tima.on my part to put them together and a tremendous amount on their part to.review one of them. And, the time it takes me to,put those things together has delayed the, if I'm supposed to have them on Wed. day, I'might get them there by.Friday. Because it just takes so long to do the work. And then, of: course, it takes these folks a lot longer to review them. KORNBLX8a See,, the architect goes over them too..' WILLIMB a Well, let's don' t even discuss trying.to speed up the payment on the next set. It just can't happen. aRE�a There really_ is no money for payroll iri feti next ,pay request anyway. Thera$s no money there.. There's no line item to -put it Page ..°:,,��..x+..:�'..«..� it • r WZLLXANB t Well, we get you this nearly, 000; n:Op.. Get the. next one. .n as. noon as, absolutely►. ae soon . ate possible,, you know.. 4f oaur�e, like. you say, thin next one is all,contractoi alone► anyway: Right. What we could do is'take that Qne.back Z Supp redo number four for the next... Pp e.; and HRQW�i= i would suggest that you tek number four back update it to get it as current as you can Since youtre going to have to wait two weeks to get paid on it.anyway. ARE= = Right...right...right. WIL&X M8I All right. Moving back then to the original question. It does not appear that any members of the Council have any.problem.with the Administration, Mr. Green, and the Court System coming to an agreement at the meeting of the tenth and ah, if you will inform us as to the decipionss that were made by the Court System, we could even prepare a memorandum, ah, see that each c:ouncilmember,. you know, if you really want to yet technical, each councilmember could review the memorandum and by phone poll agree.to it or disagree to it. We could all be sure, say call in here on the 12th from wherever we area Get a copy of the memorandum and FAX to wherever we are, review it... BMALL�iY= Weell all be in Juneau... WILLZ M®_ Well, thatts where most Ofus will be. Bidi1LLEYt Except for one. WILLZ MB Chris will be.in Los Angeles. We could'. et that, whatever memorandum you come up with, can be FAXLD.diroGtl were at and you can get a phone poll as to whetha� thAeer er agrees with it or not. if Y outre, you know, i councilmerab le with doing tabit on your own• Y ou v re uncomf or g 411f s be better if we have. thO o sa not. I think it would N we have it. author itYr N=LLtLIIB s n self � . A1l right* I think that+s the best way Y LABS . I do too. MONFOA: working, right? In the meantime• Mr• Green is to keep NILLIAMs leap of faith and continue. yeah. Mr. Green is to take the ORRMs live been taking it. right along - live d dedicate the building that s and laugh about these things. I sure when we cut the ribbon a welli all look behind M4AFOAs aule• gray hairs can go in the time cap And all thos®g y KSA8LS8s Yeah • GAB'ZU s of one growing out right here I,Ve 9- saYe it• • GREET, I want to clarify one thin mean, You're askingme g� it is the intent of this Council, l asking IRS to cont You're ovYo 'reerenot directing me, but i hour shifts, po Noire running two r crews, eight YOU want to keep that up or....? g. N=LLIAKR= . Well, I think thatis a decision that Your own when You take that... you really have to make on ARRlRTs You want me to be as productive as possible. WzLr&zam s ...when you take .that leap of faith itgs make on your own, a decision you have to. GRRRx1 Okay. It's like V ve said at Query other keep going. meeting, were going to ElLLRYs And you want to hear that from us for the a record, I would say GRRMI I would like too. okay. 11ILLIAWB s I would be reluctant to say es Y for the record. aRs�: Now, whenss this, when is this 8ystem...(inaudible) meeting with the Court WI�+LIl� s Keep in touch with the Administration' Tuesday it.lcoke like. 1�ORW87,t8 s That's when it looks like we can get Chris down here. F r