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Home My WebLink About1991-08-28 Council Minutes - Special Meeting0 A. 8. C• D. AMENDED AGENDA KENAI CITY COUNCIL - SPECIAL NESTING AUGUST 28, 1991 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 1. Ordinance No. 2444-91 - Amending the Kenai Municipal Code, Title 7, Chapter 251 Section 090 Entitled, "When Voter Ratification Required for Use.0 1. Change Order No. 2 - G&S Construction - Sewer Treatment Plant, 2. Approval - Congregate Housing/Architectural Design Costs for Items Approved by Council. • 0 KENAI CITY COUNCIL SPECIAL MEETING NXIN iTE8 AUGUST 280 1991 JOHN .7. WILLIAMB PRESIDING Mayor -Williams called the special meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building, Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . Roll was taken by the City Clerk. Present were: Williams, Smalley, Monfor, Swarner, Walker and McComsey. Absent was Measles. A-5. Mayor Williams requested the following changes to the agenda: ADD: B-51 Resolution No. 91-54, Transferring $14,751 in the Senior Citizen Congregate Housing Capital Project Fund for Additional Design and Inspection Costs. C-21 8/23/91 KK letter to Joe Abegg, Livingston/Slone requesting a more detailed evaluation of additional items being considered by Council for the Congregate Housing Project. Williams informed Council that a ground breaking ceremony for the Fire Training School will be held on September 5, 1991 at 2:00 p.m. at the site. MOTION! Councilman Smalley MOVED for approval of the agenda as amended and Councilwoman Monfor ORCONDED the motion. There were no objections. 80 ORDERED. • SPECIAL CITY OF KENAI COUNCIL MEETING MINUTES AUGUST 281 1991 PAGE 2 ITEM Hs �U,�HLIC HEARINGS 8-1. Ordinance No. 1446-91 - Amending the Kenai Municipal Code, Title 7, Chapter 25, Section 090 Entitled, "When Voter Ratification Required for Use." Williams stated that the ordinance will change the amount of money allowed to be expended by the Council,.without voter approval, from the Capital Improvement Fund from $1,000,000 to $5001000. MOTIONS Councilwoman Monfor MOVED for the adoption of Ordinance No. 1446- 91 and Councilman Walker SECONDED the motion. There were no public or Council comments. Swarner asked how much is in the Capital Improvement Fund. Finance Director Brown stated approximately $1,500,000. VOTES Monfor: Yes Measles: Absent McComsey: Yes Smalley: Yes Williams: Yes Walker. Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. 8-2. Resolution No. 91-54 - Transferring $14,751 in the Senior Citizen Congregate Housing Capital Project Fund for Additional Design and Inspection Costs. This resolution was added to the agenda. MOTION: Councilman Smalley MOVED for approval of Resolution No. 91-54 and Councilwoman Swarner SECONDED the motion. There was no public comment. Councilman Walker stated that it appeared that Council was moving money into the account to add items to the project that have not yet been approved by Council. There are some items requested as additions that he does not support. • BPECI11L CITY OF REN71I CpDlfOIL MEETING BINOTiB 11Q6Q8T 28j, 3991 8AO8 9 Kornelis stated that the money requested to be transferred is for the purpose of doing the necessary design work for the seven items Council gave preliminary approval to at the August 21, 1991 Council Meeting. The architect will now review and detail to get firm price from the contractor for the addition of the items to the project. When the cost proposal comes back from the contractor, the items will come to Council again for approval. Walker stated that the price is high for the design of these items. Kornelis referred to a letter and attachments he handed to Council prior to the meeting. The letter was telefaxed to him just prior to the meeting from the architect with a better explanation of the amounts for the proposed additions. Kornelis noted that the price for design has decreased significantly. VOT81 Monfor. Yes Measles: Absent McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes MOTION PASSED UNANtMODBLY. OLD HU0ZNL88 ��i• Change Order No. 2 - G&S Construction - Sewer Treatment Plant. Williams reported to Council that Administration directed G&S Construction (contractor for STP project) to proceed with a concrete pour after the contractor spoke to Administration and the Mayor regarding Change Order No. 2. The Contractor stateis that he does not have a contract with the design engineer, bolt with the City of Kenai. The contractor was quite upset by the Council's decision not to pay Change Order No. 21 but to first determine who was at fault for the change in rebar. Williams stated that he spoke with City Attorney Graves and Graves stated that if Council pays the change order bill, it will not alter the City's position to pursue repayment from those at fault. If the contractor had not done the pour, the cost for stopping the work would have been far more expensive � to the Cf ty • SPECIAL CITY OF KENAI COUNCIL MEETING MINUTE8 AUGUBT 28 v 1991 PAGE 4 than the $7,700.00 cost included in Change Order No. 2. Williams stated that he will take responsibility of the decision for the contractor to proceed with the pour. Walker stated that the change order was denied at the August 21, 1991 meeting, and is not in order for Council to vote on it again. Williams stated that the Code allows the City Manager.to act due to extraordinary conditions. The discussion with the contractor happened after closing. If the approval had not been given, the concrete pour would have been held for about seven days. Brighton stated that the contractor was more upset because he understood he was to negotiate with the engineer to find who was responsible for the rebar problem. The contractor has no contract with the engineer, only with the City. The City directed him to make the change. If the work was held up, the cost could have been as much as the cost of the change order, and there would have been no productivity at all. If the change order is paid, it does not prevent the City from collecting.from the contractor later, if he is found to be at fault. Administration believed it was in the best interest of the.City to have the contractor go ahead with the work. Graves was asked how the motion should be stated. Graves stated the motion should be to approve the change order and he and Kornelis will proceed from there with regard to who is at fault. Smalley stated that at the last meeting, Council stated that the City should pursue finding who was at fault. Is that.still_in effect? Brighton stated that the "To Do" list stated Public Works was to write to both the contractor and engineer requesting from both who was at fault. That was one of the objections of the contractor. The contractor's contract is with the City of Kenai. It is up to the City to find out who is at fault. Smalley asked if another directive is needed. Answer: No. MOTION: Councilman Smalley MOVED to pay Change Order No. 2 in the amount of $7,700 to G&S Construction. Councilman McComsey SECONDED the motion. BpECIAL CITY OF RENAL COUNCIL MEETING MINUTES AUGUBT 28v 1991 PAGE 5 VOTE: Monfor: Yes Smalley: Yes Swarner: No MOTION PASSED. C-2. Approval - Costs for Measles: Absent Williams: Yes McComsey: Yes Walker: No Congregate Housing/Architectural Design Items Approved by Council. Kornelis stated that approval is required sevencitem�ldiscus�ed additional design work to be done at the August 21, 1991 meeting. Monfor stated she did not object would like to add the windows on her reason to be that the Design of the building at long length. needed. Monfor does not approve to the approval. However, she the third floor. Monfor stated Committee discussed the design They are more aware of what is the addition of the six units. Williams agreed. Williams stated that further discussions with the legislators have found they are insistent that fund money ynder tbe spent on this project. Since the project w ll budget, etc., he has no objections to adding the windows. The furniture and landscaping can be done later. MOTION: Councilwoman Monfor MOVED that at thwould theask designthe seven items and add the windows as presentation for and Councilwoman Swarner BECONDED the motion. Kornelis stated that Resolution No. 9design. will Walkerto be amended stated theta due to the extra cost for the window he would rather rescind the former motion for approval of the resolution and put in the money figures. VOTBI UNANIMOUS CONBnT was requested. There were no objections. SO 0 CITY Of RENAI COUNCIL MEETING MI=TEO BPECIA=+ 19 91 ,?ROE 6 MOTIOII= M,OpEp to rescind action on Resolution °• Councilwoman Swarner arBO .. and Councilman Walker BECOMORD re no objections*. • 91 54 a =MOOS CONSENT. There requested VNAN ORDERED• yes on Resolution No. e Director Brown stated that htehae8i� and $589 for the Financ 340.50 for t 91-54 will now be $19� total transfer would then be $1g,929.5 • design. The 1+iOTION t for approval of Resolution No. 91-54 an Councilman Smalley MOV.ND Councilwoman swarner BZCONDED the motion. There were no public or Council comments• VOTE: Williams requested OWT-X0Q8 CONOMM' BO ORDERED. The meeting was adjourned at 7:30 p•m• Minutes transcribed bY: Carol L. Freas, C ty C• (8/29/91) 49 There were no objeCtions• APPROVED BY COUNCIL DATE