HomeMy WebLinkAbout1988-04-20 Council PacketKenai City Council
Meeting Packet
April 20, 1988
AGENDA �.
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 20, 1988 - 7:00 PM
PLEDGE OF ALLEGIANCE
A. ROLL CALL 111
1. Agenda Approval
2. Consent Agenda
*All items listed with an asterisk M are
considered to be routine and non -controversial by - - - - -- - the Council and will be approved by one motion.
There will be no separate discussion of these -
items unless a Council member so requests, in
which case the item will be removed from the
Consent Agenda and considered in its normal
sequence on the agenda as part of the General
Orders.
B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.)
1.
Dave Hutchings - Police Car Bids
2.
Red Goodwin, dba GVC Productions - Promotional
Videos
3.
Clarence Ladd - Proposal to Close Senior Center
Carpenter Shop and Additional Vehicle Parking
4.
Jason Elson & Scott Walden - Alaska State
Firefighters Convention
C. PUBLIC HEAR NGS
1.
Ordinance 1254-88: Repealing Portion of Personnel
Code - KMC 23.35.060
2.
Resolution 88-27: 1988 Lease of Dock Station #3
3.
Resolution 88-28: 1988 Lease of Dock Station $2
4.
Resolution 88-29: Transfer of Funds - Purchase of
Ricoh Fax Machine - $2,000
5.
Resolution 88-30: Reallocation of ADEC Grant
#46540 for $562,100
-t- 6.
Renewal of Liquor License -
Kenai Elks Lodge #2425
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i P y1 i l,J OL\ U `
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D. COMMISSION/COMMITTEE REPORTS
1. Planning & Zoning
2. Harbor Commission
3. Recreation Commission
4. Library Commission
5. Council on Aging
6. Airport Commission
7. Economic Development Commission
S. Kenai Bicentennial Commission
9. Misc. Comm/Comm
0��-� E. MINUTES
1. *Regular Meeting, April 6, 1988
F. CORRESPONDENCE
1. *Gov. Cowper - Naval Homeporting
G. OLD BUSINESS
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
---2-. Requisitions Exceeding $10000
° 3. Disc: Grace Drilling Co., Lots 10-13, Block 1,
CIIAP - Assumable Lease
��➢.• 4. Disc: B. Kline - Approval of Subordination on
Purchase of Lots 3&4, Block 2, FBO Sub.
:?�---S. Ordinance 1255-88: Amending Title 11, Chapter 10 -
Penalties for Blocking Dock Facilities
i- 6. Ordinance 1256-88: Increase Rev/Appns by $93,000
/( in Feder 1 Rev Sharing for Motor Grader
Gk^O"Q - o QX-
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. Mayor
4. City ClerkC
5. Finance Director
6. Public Works Director
7. Airport Manager
J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.)
ADJOURNMENT - -
.ate-��V1 r-"" s Y 2
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`1 INFORMATION ITEMS
1. invitation to Attend Soldtona Chamber "After Hours" 4
-is �7
2. Borough Agenda for April 19, 1988
3. AML -Municipal Assistance Breakdown
i 4. TO DO: April 1, 1968 - Teleconference - - - --
_- - - S. TO DO: April 6, 1988
- 6. Letter from Attorney Rogers: Footwear Gallery
7. Newspaper Article Regarding Former Employee
8. Vesta Lei h v. City of Kneai Kenai Police Dept. and
s. Richard Ross
9. Vince O'Reilly, Economic Development Commission - Add
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)Nailing Address
Box 1648
{ !` Kenai. AK 99611
GVC
PRODUCTIONS
283-7800
Physical Address
11126 Kenai Spur Hwv.
207 Seaman Bldg.
-. -- `:-
Randy Ernst,Airport Manager
City of Kenai
Kenai, Ak. 99611
-- - -='
April 12,1988
4.
Re:Proposed lease for video monitor in Kenai Municipal Airport
>u
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Dear Randy,
GVC PRODUCTIONS is a video production company located in Kenai.
We have completed a number of 30second commercials(Television) for
local businesses, promotional videos for the local guides and tour
companies, and instructional safety films for industrial use. Our
'
recent clients include Chris Koske of CHRIS'S SOLDOTNA TRAVEL(30
second commercial,KTVA-TV); Jim McDaniels of CHINOOK TOURS(Promo-
tional Video);and Al Willis of NIKISKI FIRE DEPARTMENT(Editing and
Production), among others.
We would like to produce a video for viewing in the Kenai Airport
which would promote the local businesses and give area residents
and visitors to our area information on what to do and where to go
"
during their stay. The program will be a continuously playing video
highlighting the Kenai area and it's outdoor recreation, wildlife
and scenery,and interesting historical facts. This would be inter-
spersed with promotional spots featuring local businesses.
This program will require the placement of a T.V./VCR, provided
by GVC PRODUCTIONS, in a strategic location in the Kenai Airport.
The area near the flight departure gates and/or the baggage pick-
up area is preferred, as it would attract the most viewers. GVC
'''`
PRODUCTIONS is willing to pay a monthly lease to the city of Kenai
`..
We will also -be responsible for the production of the program, and
_she _operat— on_ and- ma_in_tena-nce_-af- the-T.V-. /VCR-. -- -- --- - -
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Suggested By: Administration
CITY OF KENAI
ORDINANCE 1254-88
AN ORDINANCE OF THE VOUNCIL OF THE CITY OF KENAI, ALASKA.
REPEALING A PORTION OF THE PERSONNEL CODE, KMC 23.35.060 ENTITLED
"RE-EMPLOYMENT."
WHEREAS, KMC 23.35.O40 acts as a barrier to the hiring of
employees whose employment at the City may be in the best
Interest of the City* and,
WH5REA8, XNC 23.35.060 imposes undue hardship on administration
relative to future planning for employment slots; and,
WHEREAS, there is potential for abuse of RNC 23.35.060 to the
detriment of the City.
NOW THEREFORE BE IT,ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 23.35.060 is repealed in its entirety.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of April, 1987.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: April 6, 1988
Second Reading: April 20, 1986
Effective Date: May 20, 1988
(3/31/88)
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23.35.050-23.35.080
and shall be signed by all parties involved. No employee shall
be disciplined or discriminated against in any way because of the
employee's proper use of the grievance procedure. (Orris. 336,
537)
23.35.050 Resig.na,ion: (a) To resign in good standing, an
employee shall give the appointing authority not less than ten
(10) working days prior notice of such resignation unless the
appointing authority agreed to permit a shorter period of notice
because of extenuating circumstances. The notice of resignation
shall be in writing and shall contain the reasons for leaving the
City service.
(b) Failure to -comply with -this section shall be entered in
the employee's service record and may be cause for denying future
employment with the City. (Ords. 336, 537)
23.35.060 Re-Emplovment: (a) Permanent and probationary
employees with a satisfactory record of service who resign their
positions (in accordance with the provisions of this ordinance
for resignation from the City service) may, on their written
request, withdraw such resignation within one (1) year from the
effective date thereof and be considered on a preferential basis
for re-employment in the same or comparable classification to one
from which they resigned.
(b) The preferential eligibility of all candidates for re-
employment shall expire two (2) years from the date on which they
become entitled to the re-employment rights.
(c) No benefits toward seniority or leave accrual shall
accrue due to prior periods of service. (Ords. 336, 537)
23.35.070 Cost Consciousness: (a) City employees shall
practice every economy possible in the discharge of their duties.
(b) Employees are encouraged to recommend to their
supervisors work procedures which will result in a cost saving or
improved service to the public. (Ords. 336, 537)
--=_- 23.35.080 Safety: (a) The City Manager shall be
responsible for the development and maintenance of a safety
°.:'. program, equal to, but not limited to, OSHA requirements. Such
program shall include safety regulations and discipline controls.
(b) Department heads, supervisors, and employees shall
:. ;.
guard the safety of themselves, fellow employees, and the public.
(c) When accidents occur on City property, the employee
'.Y._. shall contact his supervisor immediately and the supervisor shall
complete an accident form. In case of a motor vehi
cle accident,
the Police Department shall also be notified immediately.
(d) The City Manager shall be notified of all accidents
Cit
involvin
-= -- - g y--employees and- City, equipment --as soon as possible
and not later than the next work day. (Ords. 336, 537)
23-21
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(City of Kenai
Supp. #45 - 7/10/87)
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Suggested by: City Council
RESOLUTION NO. 88-27
A RESOLUTION) OF THE COU11CIL OF THE CITY OF KENAI, ALASKA,
AWARDING THE 1988 LEASE OF THE KENAI PUBLIC DOCK STATION NO. 3
WITH ITS UNLOADING CRANE, AND RELATED PARKING/STAGING AREA OF 'ME
CITY OF KENAI.'S BOATING FACILITY, TO KEENER PACKING CO., INC. FOR
$42,500.00 OR $0.04/LB WHICHEVER IS GREATER.
WHEREAS, the City of Kenai received the following bids on April
14, 1988:
Minimum Estimated
Company Sasic Hid gX�jS#iRgun4 Poundage
Keener Packing i_o., Inc. $42,500.00 $ 0.04 1,750,000
Whitney Foods 32,300.00 0.0425 1,200,000
Icicle Seafoods, Inc. 17,640.00 0.042 420,000
WHEREAS, Keener Packing Co., Inc.'s bid is deemed to be the best
bid for the City of Kenai for the 1988 lease of Dock Station No.
3, and
WHEREAS, the recommendation of the Harbor Commission and the
Public Works Department is to award the lease of Dock Station No.
3 to Keener tacking Co., Inc., and
WHEREAS, the Council of the City cr 1Cenai has determined that
awarding t.e 1988 lease of Dock Station lo. 3 to Keener Packing
Co., Inc. is in the best interest of the City.
NOW, THEREFORE., BE IT RESOLVf:D BY '.1:-E C:OT)NCIL OF THE CITY OF
KENAI, ALASKA, that the "ity of Kenai award the 1988 lease of
Dock Station No.- 3, with the unj.oadinq crane and related
parking/staging area at the City of Aenai's floating Facility, to
Keener Packing Co., Inc. for $42,500.00 or $0.04/lb. whichever is
greater.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of April, 1988.
ATTEST:
Janet Whelan, City Clerk
Written by 2ublic Works:
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JUHid J. WILLIAM5, 14AYOR
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Suggested Ay: City Council
RESOLUTION NO. 88-28
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AWARDING THE 1988 LEASE OF THE KENAI PUBLIC DOCK STATION NO. 2
WITH ITS UNLOADING CRANE AND RELATED PARKING/STAGING AREA OF THE
_?
CITY OF KENAI'S BOATING FACILITY, TO WHITNEY FOODS FOR $50,100.00
.
OR $0.0515AB WHICHEVER IS GREATER.
WHEREAS, the City of Kenai received the following bids on April
14, 1988:
Minimum Estimated
Company Basic Bid Price(poun ou dage-
Whitney Foods $50,100.00 $ 0.0515 1,200,000
Keener Packing Co., Inc. 39,000.00 0.04 1,300,000
Icicle Seafoods, Inc. 13,550.00 0.04 338,750
is
WHEREAS, Whitney Foods' bid is deemed to be the best bid for the
City of Kenai for the 1988 lease of Dock station No. 2, and
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WHEREAS, the recommendation of the Harbor Commission and the
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public Works Department is to award the lease of Dock Station No.
2 to Whitney Foods, and
�'-
WHEREAS, the Council of the City of Kenai has determined that
awarding the 1988 lease of Dock Station No. 2 to Whitney Foods is
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in the best interest of the City.
- -
NOW, THEREFORE, BE IT RESOLVED -BY THE -COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City of Kenai award the 1988 lease of
Dock Station No. 2, with the unlozd:ng crane and related
-.-...-. ,_
parking/staging area at the City of Kenai's 3oating Facility, to
Er.
Whitney Foods for 050,200.00 or $0.0515/lb. whichever is greater.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of April, 1988.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
Written by Public Works:�
Suggested by: Mayor Williams r
CITY OF KENAI
RESOLUTION NO. 88-30
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE
ALASKA STATE LEGISLATURE TO REALLOCATE ADEC GRANT #46540 WHICH IS A
GRANT FOR A SEWER INTERCEPTOR MAIN LINE AND LIFT STATION TO THOMPSON
PARK 10 A DIRECT LEGISLATIVE GRANT TO THE CITY OF KENAI FOR 4MRM 1G
WATER MDROVENENTS PROJECT.
WHEREAS, the Department of Environmental Conservation offered the City
of Kenai a grant in the amount of $562,100 as partial financing of a
sewer interceptor main line, including lift station, to Thompson Park,
and
WHEREAS, the City of Kenai accepted the grant according to Resolution
87-16, and
WHEREAS, the Council of the City of Kenai have decided to request the
reallocation of the grant monies, and
WHEREAS, the reallocated grant monies will be used for improvements to
the city's waterisystem, er-endOdor.
e1' S 4A-,4-r
WHEREAS, This resolution would rescind Resolution 87-16.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Kenai City Council requests the Alaska State
Legislature to reallocate ADEC grant #46540 which is a grant for a
sewer interceptor main line and lift station to Thompson Park to,a
direct legislative grant to the City of Kenai for thedrinking water 4,, sew e„
y improvements project.
- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of
April, 1988.
JOHN J. WILLIAMS, MAYOR
Representative C.E. Swackhammer .,_...1
Alaska State Legislature.
P.O. Box V (MS 3100)
Juneau, AK 99811
Transmitted by: FAX 586-9548
Subject: ADEC Grant 046540
Thompson Park Water A Bawer
Dear Representative Swackhammer,
Kenai City Manager, William- J. Brighton, and Kenai Mayor, John
Williams, asked that I write to you requesting your help in
persuading the Legislature to reallocate our ADEC Grant #46540 C
Z= a Sewer Interceptor Main Line and Lift Station to Thompson
Park t& Kenai Drinking Water Improvements. A copy of this grant
is enclosed.
The City of Kenai's Municipal drinking water has a brown color
and odor. If we were successful in getting these funds
reallocated, the money would be used to clean up our drinking
water. This may include engineering studies, design,
construction, building, equipment and contingencies.
Most or all of the administration and inspection would be done by
City staff at no cost to the project. The City also has access
to two multi -media filter beds (donated by an oil company) that
• might also be of use by this project at no cost to the project.
The engineering study will reveal the -best method to correct our
color and odor problem, be it filter beds, mixing chambers,
flocculators, carbon filter beds, chemical feed system, super
chlorination and dechlorination, clarifier/separator, ozone
treatment, etc... Work in our underground pump house, including
chlorine injection, instrumentation, valve and piping
improvements are also needed.
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The City.. of Ranai is not
saying that the Sewer Interceptor Main
and Lift Station is not a
needed project.
The original cost
estimate for this sewer
interceptor project
was $2,243,000 and
that was'only to get sewer
to Thompson Park.
over one million
dollars more would be needed
to run sewer through Thompson Park.
This grant was for a not -to
-exceed amount of
$562,100 hu with
only 819A,735 available.
Zf you have any questions,
please feel free to
contact me at your
convenience.
Sincerely,
OZO
Keith Kornelis
Public Works Director
KK/kh
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—: �� � s�' i�• f'�'IL ALASKA
�� t C t✓ am cowpm cOVEIilN
F, DEPT. OF ENVIRONMENTAL. CONSERVATION •465-2600
OFFICE OF THE COMMISSIONER 3 / ?T
P.O. BOX 0, JUNEAU 99811-1800 : iMt?Ilk ArE 6,Py1NT�
, . Ada & sct ,40-,.
March 19, 1987
7- VIZIOd"'J
Mr. iia�w
City Manager
210 Fidelgo Street
Kenai, AK 99611
Dear Mr. Gesko:
Grant Offer: Thompson Park Water 3 Sewer (046540)
In accordance with AS 46.03.030, Governor Cowper and the Department of
Environmental Conservation (Department) offer the city of Kenai (grantee)
a grant of State funds not to exceed $562,100. This grant will be applied
toward the financing of installing a sewer interceptor main line from the
existing main on Lawton Orive_to Thompson Park Subdivision, and a lift •:�
station.
This grant offer represents a portion of estimated nonfederatly funded
eligible costs of $2,243.000
This offer is expressly conditioned upon the terms and limitations contained
herein, in 2 AAC 46.010 (copy enclosed), and in 18 AAC 73, and is based upon
estimated eligible project costs as itemized below:
Total Estimated Eligible
Protect Costs
1. Administrative Expenses $ 16000
2. Legal Expenses -0- j
4
3. Engineering Design Fees -O-
4. Project Inspection and Surveying 175,000
S. Construction 1,907,000
6. Equipment
7,.--Project Contingencies 160,000 - -- --- --
= ---- -----8.-Total -Estimated--Eligible -Costs - - - -- 20243,000 - - - - - — -- ----
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MiAtoAon Aeteerre&;
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Some! Gesk —2— March 19, 1987
(N46540 )
9. Less: Federal Financing •o-
- '-
10. Estimated Non-federal Eligible Costs 20243,000
11. State Grant 502 of Line 10 562.100
Adjustment of expenditures within the budgeted cost items is allowed: how.
actual
fg Costs esubmitted
ed the total iadditional mated ifunding
revised ant application on must beroject
before can
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be committed. If actual project costs are less than the estimated costs,
_
the grant will be reduced to the extent. necessary to comply with the per-
eentage limitation set forth in this offer. Grant payments will be made
when expenses have been incurred and documentation has been provided to the
Department along with the payment request form, unless a payment schedule
_
is established as a special condition of this grant. Payments will normally
be•made monthly, but no more frequently than twice per month. All requests
for payment must be submitted on the enclosed Request for Payment form.
By accepting this grant offer, the city of Kenai agrees to comply with the
procedures and requirements contained in the Construction Grants Regulations
-
.
(18 AAC 73 appended), as well as the followin
.9 general and special grant
- r
conditions.
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GENERAL GRANT CONDITIONS
1. Plan Approval
•The
grantee agrees to obtain plan and specification approval from the
• - - .
Department in accordance with 18 AAC 73,020 prior to issuing a Notice
to Proceed with Construction to a contractor.
2. Contract Award b Contractor Bonding Re uirements
a. The grantee agrees to bid construction contracts exceeding $50,000.
Adequate time (not less than 30 days) shall be allowed between the
date of formal advertisement and the date the bids must be submitted.
The grantee agrees that any contract awarded will be to the lowest
responsive, responsible bidder.
-_ -
b. The grantee agrees to submit procedures for award of construction
contracts of less than $50,000 to the Department for prior approval
�.,'--.;-•.--:: --.: .:= :-
when means other than the competitive bidding process -are proposed.
c. The grantee must require the contractor to furnish performance and
payment bonds in accordance with AS 36.25.010.
d. If local or federal ordinances or regulations also apply to the
contract award or cor-traetor bonding requirements for this project,
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the most stringent re mirements shall apply.
-- --r -' - - --
--- e. The -grantee-agrees to- .rovide-the Department pith a summary of - - - - -
-- - - ----- - ---
• •
itemized bid tabulati ns, a copy of thelotict to Proceed, qnd a
+. •$�
copy of the construct.on contract. ;
oil,
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046640)
March 19, 1987
3. ChangeeO�Orders
The grantee agrees that all project change orders will be submitted to
the Department for approval in accordance with 18 MC 73.020(e).
4. �Project Completion
'fie grantee ag_ to provide sufficient local funding to match State
and federal grant assistance and to ensure the completion of a properly
functioning project in accordance with 18 AAC 73.020(j).
S. operation and Maintenance
e grantee agrees to operate and maintain the completed project.
6. Titles and Easements
e grantee agrees Fo obtain all titles and easements necessary to
provide clear title or authority to construct and maintain the proposed
project.
7. Eligibility
eT gF�`grantee acknowledges that disbursement of progress payments by the
State does not constitute acceptance of any item as an eligible project
cost until all project costs are audited and determined to be eligible.
Ineligible project costs'must be included in the final audit report.
8. In -Inspection
e grantee agrees to allow, at any reasonable time, department inspec-
tion of all project work and audit of related records and data for
which this grant is offered.
9. Records
THe grantee agrees to maintain project accounts and records which
verify the grant eligibility of project expenditures. These accounts
and records shall be kept apart from non -grant eligible local records
and from those records maintained for the purpose of other State or
federal grant programs involved in the project.
10. Pro ress Reports
e grantee agrees to submit periodic progress reports on the proposed
project with each payment request.
11. Subcontracts
e grantee agrees to submit project subcontracts over i10,000 and all,
changes to these subcontracts for Departmental approval.
12. __D__a__m__age�e�ss
The grantee shall hold and save the Department, its officers. agents,
- ._and employees harmless. from. liability -of any kind, including -costs and
expenses, for or on account.of any and all suits or damages of any
nature, substained by -any -parson-or- persona _or —property, by- virtue--of---
performance of the grantee, or any perscr•or. entity acting In *place of
or for the grantee for this project,
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14
F
ills! ti.C'�� ii�o •�!
Samuel
` t N46540)
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March 19, 1987
13. Municipal Bond
e municipal official having custody of the construction account must
be bonded as authorized in AS 29.239520.
14. Grant Cancellation
e grantee acknowledges the right of the Department to rescind this
grant and seek recovery of payments already made if the grantee has
provided incorrect or misleading information to the Department or if
a grant condition contained herein or in 18 AAC 73 is violated. This
grant offer may be terminated at any time it is in the best interest
of the State to do so.
15, Availability of Funds
The total award for this grant is SS62,100. During the fiscal year
ending June 30, 1987, the grantee may not be reimbursed for more than
i196,73S, unless additional cash flow is authorized by the Department.
The Department will notify the grantee, in writing, if and when addi-
tional funds are available. The grantee is on notice that this
agreement is subject to availability of money from State,, federal, or
other sources to finance the performance set out in this agreement.
If funding is withdrawn,; reduced, or limited in any way after the
effective date of this agreement and before the completion of perfor-
mance, the Department may terminate the agreement. A termination
under this section shall be implemented under the same conditions as
a termination under condition 14, If the Department determines it is
in the best interests of the State, it may renegotiate the terns of the
agreement in accordance with the new funding limitations and conditions.
SPECIAL GRANT CONDITIONS
None
Please carefully review this grant offer, the related grant conditions, and
the enclosed regulations. If satisfactory, sign and return the original.
along with a formal resolution accepting the grant enacted by the Kenai
City Council.
In the resolution the municipality must agree to accept responsibility to
operate and maintain the proposed water, sewer, or solid waste utility
improvement and agree to the terms and conditions of this grant offer. •
Acceptance of the grant is required within six months to prevent revocation
of the offer. No progress payments can be made until this grant offer is
signed by the grantee and returned to the Department. Nothing in this
offer; --whether -or not -accepted, -may be deemed to constitute -a -contractual
obligation on the part of the Department until a resolution of acceptance
has--been-received. - -- -- - - --- - - - - - —
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March 19, 1987
The City is to be congratulated on its effort to provide this important
- community improvement.
r
Sincerely,
-- -:} -Commissioner
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Accepted on behalf of the city of Kenai by:
- William J. Brighton City-Mana er 8 20 8
- ryped NaR Title Date
gna e
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Suggested By: Administration
CITY OF KENAI
RESOLUTION 87-16
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ACCEPTING A GRANT IN THE AMOUNT OF $562,100 FROM THE STATE OF
ALASKA, DFPARTMSNT OF ENVIRONMENTAL CONSERVATION TOWARD FINANCING
OF A SEWER INTERCEPTOR TO THOMPSON PARK.
WHEREAS, the Department of Environmental Conservation has offered
to the City of Kenai a grant in the amount of $562,100 as partial
financing of a sewer interceptor main line, including lift
station, to Thompson•Parki and,
WHEREAS, the State requires the City to accept the grant by
resolution, to accept responsibility to operate and maintain the
proposed sewer system, and to agree to the terns and conditions
of the grant offer.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCZL OF THE CITY OF
KENAI, ALASKA, that:
Section _1: •
The City of Kenai accepts Granti No. 46540 in the amount of
8562,100 from the State of Alaska, Department of
Environmental Conservation.
Section a:
The City of Kenai agrees to accept responsibility to operate
-1 and maintain the proposed sewer system, and agrees to the
terms and conditions of the grant offer.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 19th day
of August, 1987.
JOHN ILLI MS, MAYOR
ATTEST:
i`- Ja t elan, City Clerk
Approved by Finance:
L
l8/11_071 - - - --- - - -- - -
a
e e e sr,,E COWPER, GOMNON
z DEPARTMENT OF REVENUE
550 W. 7th Avenue
AiLG�#►d?ldC86YER�10EC�Vii�OILeyggp Anchorage, Alaska 99501
- = April 4, 1988 2�Z�,29303>>a
ro 0
_ Janet Whelan, Clerk �`0
City of Kenai
210 Fidalgo
Kenai, AK 99611 �a6r8�tlot5�'�`��'�
i pear Ms. Whelan:
-., we are in receipt of the following applicationU) for renewal of a
liquor license(a) within the City of Kenai You are
r.: being notified as required by AS O4.11.520.
CLUB
BPO Elks Lodge #2425
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Wiling Addreas 15troet or P.O. Box, City, State & Zip Code)
Mailing Address (Street or P.O. Box, City. Stale a Zip Code)
Nome Address III different from mailing address)
Hone Address (it different from mailing address)
+Z- LIRE Al.f s-/
Noma Phone
Work Phone
Home Phone
Work Phone -
;,$3-
Oat* of sink Social security Number
Date of Birth Social Security Number
`7- -3 1 247- o - o ry)
UngthotAlaehaResideney It applicant is4Corporation, identity the Corporate o111Ceyou
Length of Alaska Residency IteppllOant180Corporation, IdenlilyInOCOMoreta0lfleaYOU
ysare Months hold.
years Months hold.
,o sews u.�
- .
ell Name too not use initials)
Full Name 100 not uea n lisle)
tiling Addreea (e11M1 Or PAS Box, City. State a Zip Code)
Mailing Address (Street or PA. Box, City, State s Zip Code)
Nome Address (d G&W— nt from mailing address)
Hama Address (it different from mailing address)
Noma phone
Work Phone
Home Phone
Work Phone
we of Binh
social Security Number
Date of Binh
Social Security Number
length of Alaska Reside
Ifapplicant )sacorporation,ldeMlfyrthscorporat*o111ogw
h010. , ) f
Vnq(yofAls kaRseldancis
1ryry ' Montha
Itappllcenlleaeaporatbm,IdenblylheeorporataoHlgYOU
hold. .
yaws
Months
SECTION 1. DECLARATION. Must to read and Cenifled by each applicant.
I declare under penalty of perjury that 1 have examined this application, Including the accompanying schedules and statements, and to the best of
my knowledge and belief it is true, correct and complete.
1 further certify that 1 have read and am familiar with Title 4 of the Alaska statutes and Its regulations, and that In accordance with AS O4.11.450,
no person other then the applicant(s) of liceneee(s) has any direct or Indirect financial Interest In the licensed business.
I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application.
If application is for a Beverage Dispensary or Package Store:!tense. I certify that each applicant named on this application has resided In the state
of Alaska for at least one year prior to the date of this application; and/or the applicant Is a corporation registered and qualifled to do business in
the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided In the state of Alaska for at least one
year prior to the date of this application.
fAONAflfltIM OP CURRENT 1.I0IDISEtaS1(APPLICANT)
SIGNATURES) OF TRANSPEREFAS)
. ' -«•.. r•-ter'-'�.�..-�•...--
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Subscribed and sworn to before me this 11- s --
SuWsrlbed and sworn to before me this —_
day of 19 _..
day lilt ��S`Y �t 1 t9 -
N& PUBLIC IN AND FOR LA81tA
NOTARY PUBLIC IN AND FOR ALASKA
My commissi'�6`
��1�
My commission tit iplres
Bne9r1989
J
on the licence: .
t�! OC `4I7 J 4L1/ Jr 1 .24 ,` Street Address or Location of Business
pr6, 60X 666 ^r.
city
ilueiness Phone Number($)
D V ) 2193- t'
+I Community Council Mailing Address AS O4.11.310
Clry a Rio r•.► c �.�Nm r4K 296/1
It renswal or transfer. Ms ilia abovs license been exercised or active at toast thirty (30) elght•h0ur days during the peel ealom
1P YES ❑ NO H no. atacb an explanation. � �s
Q Municipality (specify)
0 Other
SECTION d PREMISES TO BE LICENSED. Must be completed for all types of 8111111111404111101112,
Nan$ to be used on public sign Orin adverting to Identify promisee
Is Iocatron of pnmisss greater than or less then 00 miles from the boundaries of a munici•
Psllly (Incorporated city• borough or unllled MIMICWallty)?
r, `Q 5
Rig
13 Greater than ti0 miles ®lase then t{0 Miles
Distance by shortest Pedestrian route from:
Closest School Orounda: N/� f- Closest Church:
IN It
SECTION Q LICENSED PREMISES. For New and Tmsfer of Location applications only.
Premises to be IlCensee is; (Cheek sDDMP►lala boa(es)) - -
❑ Existing Facility ❑ New Building ❑ Proposed Building ❑ Plans Submitted to Fin Marshall
❑ Olapate s1 premises attached. Attach a dwell dlogram of the promises to be licensed The diagram must be a true and correct desenOtlon of the entrances and boundaries
of the promises to 09 licensed, and the only area where alcOholle beverages wii be sold, served, eonsumeeed . pose ssoandior stored. of only a portion of the floor plan Is to
be licensed. pisaaa outline to RED the at" when atCOheIIC beverages willihe told. as sumed• possessed andlar aliked.l
S
SECTION 4 RENEWAL INFORMATION. For Renewal Applications only.
Hasthaareswhole &" ileoevarageswesold,Need, consumed, possessed and/or aroro0 Nest statement of financial Interest changed fromtMloststatsmentsubmitted toMe
been Changed from the last diagram submitted? Alcoholic Beverage Control Bard?
NO ❑YES If wk slum new diagram 10
® NO a YES If yes• attach now Interest statement norm 040M
❑ Documents attached ❑ Documents not attached
SECTION F.CORPORATION INFORMATION. Must be completed 0 applicant or coappliant is a corporation. AS O4.11.390
Corporate None
w
Doing Business As (Business Name)
Date of Incorporation In the
State of Alaska
tm c l r/ 19 #70
Mailing Address
Street Addreea or Wagon of Business
City State and LD Code
116 IV CM,/
City and.state • •r f
n
Corporate Oftioa Phone N0.
AZI3 7
plaptsrad Agent INAma)
A%R ST KIMCK15T.5
Agent's Alaska pNideney
Yfa: 30 Mos:
Reglstared Agent (Maili
inng Address and Phone Number) /
V
YES ❑ NO The above named corporation Is In good standing with the State of Alaska. Department of Commerce and Economic Development.
CORPORATION DIRECTORS AND STOCKHOLDERS. Nse additional sheets It necessary.)
% of Shares of
Ownership
Full Name (Do not use Initials)
Home Address
Dale of Birth
imig n A ' O -n -
17-,
THIS AR 'OFFICE USE ONLY
License Number
Date Approvs0
Director's Signature
01 g01 IdBA Pape 1 WHITE —PART 1 YELLOW —PART Z PINK —PART 3
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' KENAI PENINSULA BOROUGH
.A PHONE
N. SINKLEY • SOLDOTNA, ALASKA 99669
PHONE (907) 262.4441
DON GILMAN
MAYOR
April 11, 1988
City of Kenai
Attn:- Janet Whelan
210 Fidalgo
Kenai, AK 99611
.- t ' -1 ---=.
RE: 1988 Liquor License Renewal Application for:
BPOE ELKS LODGE #2425 - Club
Dear Janet:
Please be advised that the Kenai Peninsula Borough has no
recommendation for protest of the renewal of the above noted 1
liquor license at this time.
The Sales Tax accounts registered for this businesse are filed
through 12/87. Personal property tax accounts registered to
either the applicants or business are current through the tax
year 1987.
Please send us a copy of the original application and your City
Council approval/objection letter for our records. Thank you for.
your cooperation in these matters.
Sincerely,
Che 1 Smith
Delinquent Accts.
P �
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Suggested by: Administration
City of Kenai
RBSOLUTION NO. 88-31
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA► THAT THE
FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1987-88 GENERAL FUND
BUDGET.
4" This transfer provides money for a study to evaluate Kenai Emergency
-_ Medical Services.
- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of
April 1988.
JOHN J. WILLIAMS, MAYOR
t
7
� e►: 9enal Community Xlrta-ty
n PI., A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
REPORT FA THE' MUCH OF MARCH 1988
TOTAL
'
Circulation Adult Juvenile Easy Books
r
Fiction 1395 528 1290
„
)n Non-fiction 2204 319 361
E Total Book Circulation
6097
.
l'ih• " . Films. Phonodisce, Pamphlets, Periodicals
775
a
Total Circulation
6872
"
Additions Adult Juvenile Easy Books AV
1&rGifts 106 6 11 3 phonodisc, I
film strip
12fPurchases 125 20 24 2 cassette, 1
VCR
,.; ... _......... __..
3 . A Total Additions
299
Aevedial and Re -worked Books
Adult Juvenile Easy Books AV
t 18 1 6
25
::...... : _
•
:
• . • • ilMterllbrary Loans Ordered Received Returned
=r Books 33 54 45
AV 24 24 38
•VMrlibraby Loans by our Library
Books Films Other AV
134 26 29
Volunteers
r Number 31
u Hours 926
" - - - -
Income
-. -`' - -- -, .-- --
Fines and Sale Books $792.67
u Lost or Damaged Books 108.75
?: Xerox 490.00
I-i• Donations 34.00
Total )Income for March 1988 $ 1425.42
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�(c►sal eammuniEy Xdnacy
�.
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99M11
-
-
Library Cards Issued March 1988
-
- --' _;_s
Kenai 320
--
i
--- --
At
Clem Gulch 3
Kasilof 32
Nikiski 54
'}
Ninilchik l
'.
Seward 1
=-----
- - - -
Soldotna 108
:. t....
. ... .. ... ..: :...
Sterling 17
536
Libary Patronage .. 7,661 Persons
,
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Kenai Advisory Library Commission
F'
Kenai Community Library Activity room
April 5/ 1988
`.. I
AGENDA
1. Call to order
2. Roll Call
,
t .
3. Approval of Agenda
4. Approval of Minutes of March 1/ 1988
S. Persons Scheduled to be heard
- - -. - - --- '
6. Director's Report
7. Old Business
*Olt..
A. Student Representative
..::... _ .... ,---.... -
, -
dte
B. Bug
C. Books'on Tape
D. Other
8. New Business
A. Law Library
.:
B. Grants
C. Other
._`_ .:._.. _. ... ....:.. ..... -.'. i�:
•h P�....riwwi�r.�� ww.wf rnnn l e Im I IDQL inn t
.-
KENAI LIBRARY COMMISSION
Tuesday, April S, 1988, 700 pm
Minutes, Regular Meeting
Held, Kenai Community Library
Presidings Kathy Heus, Chairwoman
1. CALL To ORDER
Chairwoman Heus called the meeting to order at 7s40 pm.
22 ROLL CAL_
Present Absent
Kathy Heus Carol Brenckle (arrived after roll)
Doug Emery Amy Holmes
Janice Rados
Dennis Simmons
Susan Smalley
Paul Turner
In Attendances Chris Monfor, Councilwoman
Emily DeForest, Library Director
Ethel Clauson
3. APPROVAL OF AGENDA
MOTION
Commissioner Emery moved to accept the agenda as presented.
The motion was seconded by Commissioner Turner. Passed by
unanimous consent.
4. APPROVAL OF MINUTES - March 1, 1988
Corrections and Additionst Student Representative Amy
Holmes was absent. Item #S, should be "laser disk."
Commissioner Rodeo did have an excused absent. Item d8 (4)
should be K.P.C. Item #8 (b), "responded good" was replaced
with "responded well". Item S8 (e), the spelling of stereo
was corrected and "it" was replaced with "they". Item #8
(c), the spelling of "reiterated" was corrected.
MOTION
Commissioner Turner moved to accept minutes as amended.
motion was seconded by Commissioner Emery. Passed
unanimous consent.
5. PERSONS SCHEDULED TO BE HEARD
None.
KENAI LIBRARY COMMISSION
April S, 1988
page 2
E. DIRECTOR'S REPORT
Director DeForest reported the plans for Library Week.
There will be a display of new juvenile and easy books.
That same week will be Volunteers Week and plans are being
made for the volunteers luncheon, which is the 18th through
the 22n4 of April. A Proclamation has been received from
Governor Cowper announcing Library Week. The luncheon will
be the 20th of April.
The process involved discarding books was explained to the
Commissioners and Director DeForest mentioned how much the
computer has helped in this process.
The story hour and pajama party for the children was very
successful.
The library staff are still working on the bar coding.
There are almost 11,000 bar codes on books and two-thirds on
the collection. Attaching the bar code number to the record
on the computer has been very time consuming and three girls
are working vigorously with that project.
7. OLD BUSINESS
a. Student Representative. Director DeForest explained
that Ms. Holmes came in apologizes as she had to resign
because of a class she has on Tuesday. Director DeForest
asked Ms. Holmes to submit her resignation to the City in
writing.
b. Budget. The budget figures were discussed by the
Commissioners and Director DeForest. Chairman Heus
commented on the high rating the library received on the
survey that was conducted. Discussion followed.
c. Books on Tape. No report was given at this time.
Commissioner Turner asked how to access the books on tape.
Director DeForest explained they are copied, with one copy
for circulation and the library retaining the master. The
tape copier is being repaired at this time.
The Friends of the Library have purchased two paperback
stands and holders, which will hold approximately 40C
paperbacks. The vendor has offered to pay the shipping as
far as Seattle.
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r�1 KENAI LIBRARY COMMISSION
�- April 5, 1988
page 4
Discussion followed with questions and comments from the
Commissioners and Director DeForest.
MOTION
Commissioner Emery moved that this commission form a
subcommittee, with Commissioner Brenckle as Chair, to
investigate the feasibility of incorporating a law library
into the Kenai Community Library, and the subcommittee to
report back to the commission by November. The motion was
seconded by Commissioner Simmons. The motion passed.
Commissioner Brenckle will gather names of persons to serve
on the subcommittee and bring them to the next meeting.
b. Grants. Director DeForest has put in for the
Institutional Grant and explained the formula for this grant
to the commission. Also, Director DeForest has put in for
an Inter -Library Loan combination, Inter -Library Loan and
Literacy. Inter -Library Loan business has increased
tremendously. Director DeForest explained the work involved
and the amount of requests for books from the Kenai Library
collection within the State. Discussion followed.
c. Other.
1. HS 449. Director DeForest read House Bill 449 to
the Commissioners for their comments and review.
MOTION
9.
Commissioner Emery moved that Commissioner Heus write a
letter opposing House Bill 449. The motion was seconded by
Commissioner Brenckle. The motion passed by unanimous
consent.
2. Student Representative. The process. to select a
new student representative will be put on next month's
agenda.
COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Brenckle apologized for being late.
"mm-fssioner Turner -- extended - his grati-tude-- for -tfie - -
refreshments. Also, Commissioner Turner would like to see
-- the -Kenai--Community---Library begin- to purchase_a_compaot_-disk
for a classical or, jazz collection. The sound and quality
of performance, range of music and endurance was explained.
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KENAI LIBRARY COMMISSION
April 5, 1988
page 5
Commissioner Emery asked about public domain materials for
the computerst and, about the purchase of a Mac computer.
Director DeForest has ordered public domain software for
both the Apple and IBM. There has been no purchase of a Mac
�. at this time.
Comments were made regarding the use of typewriters and
y� computers, and the need for another IBM typewriter.
-F --- - 10. ADJOURNMENT
The meeting was adjourned at 8v45 pm.
%0
KENAI ECONOMIC DEVELOPMENT COMMISSION
APRIL 7, 1988 7 PM
HEA CONFERENCE ROOM
VINCE 0 'REILLYP CHAIRMAN
1. ROLL CALL
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- :DdW 7
Present: EDC Vince O'Reilly, Jim Carter, Bob Scott*
Barry Thomson, Penny Dyer, Jim Elson.
Darren Bonds, Excused*
HARBOR- Leon Quesnel
Visitors: Mayor John Williams.
2. MINUTES, MARCH Ile 1998
Minutes of March 11, 1968 meeting submited were approved
as read.
T.
3. An addition was added to the Agenda. Under OLD BUSINESS
c.
E. RV Situation. Under NEW BUSINESS C. city and
State Revenues.
4. OLD BUSINESS
A. Mayor John Williams commented that Seafoods from
Alaska is going ahead with their present plans until
they hear what Kenai is going to do with their harbor
plans.
Mayor Williams stated that the Kenai River Viewing
System application is being reviewed and is on its
way. He will notify the EDC when the City hears on
this proposal.
B. NAVAL BASS PROSPECTS
Commissioner i that after the National
Jim Carter said t
Guards failure to locate in Kenai a meeting was had
with Senatorj��Dwho advised the Peninsula
to keep pursulng this. He also made mention that there
is a possibility that a Naval P3 Surveillance Squadron
may be located in Nikiski, also there is a chance of
more naval activity in this area since it would be
Kenai. Admiral Hayes will
cheaper --to -operate -out of
receive information on the Kenai and a ta4kforce should
puttogetherto work towards getting more military
-be-
here. mayor Williams made mention -of the --task force that---
Seward did to bring the
was used and the campaign that
prison facility to Seward. He said the lobbying effort
was the
by the people in Seward was excellent and
of the prison there.
deciding effort for locationison
Page 2
:a! {
ECONOMIC DEVELOPMENT COMMISSION
April 7, 1988
C. DATA BANK
Ross Kenny from the Borough will get a print out to (0,,s
Charles Brown. Commissioner O'Reilly said the EDC needs
to decide how to get information to Ross Kenny on a
regular basis. He mentioned that the EDC needed to
decide on what was available when,and where it could be
gotten, plus on what type of information would be useful
for Kenai. He also said the EDC needed to concentrate
on not duplicating information. Bob Scott was asked to
work on getting fish statistics and Leon Quesnei said that
the Harbor Commission could help by supplying information
that they were gathering a study they are doing. Mayor
Williams said that the Kenai City Council did pass the
$5,000 to be used by the Harbor Commission and Doug
Coughenower.
D. Not Discussed.(Timber and Minerals)
E. RV Park.
Commissioners Thomson and Dyer told Mayor Williams that
they felt the idea of a RV park was not being received
very good. Mayor Williams said that perhaps the
Dobinspeck property could be used and that if the EDC
felt strongly about a RV park they should perhaps do a
study on the need , put together a proposal, then present
it to the Kenai City Council. Mayor Williams informed the
EDC that the City Park will be expanded this summer and
twenty more spaces will be added. This is the park that
overlooks the beach.
Chairman O'Reilly asked Penny Dyer and Barry Thomson
if they would work on drafting this proposal for the EDC
and bring it to the Commission for an overview? They
said they were willing to do this and will keep the EDC
informed of their progress.
BREAK
NEW BUSINESS
a. Wildwood Acquisition.
w:
Mayor Williams reported to the EDC Commission that all
was being prepared for this. He said what was needed
is -'a letter -from KNA's attorney requestin g that Kenai
annex Wildwood and after this is done Kenai can take
action or--the-annexation.- The Kenai City -Council has --
instructed to go ahead with the work for doing this and
Right -Away agreements will have to be done. It was
suggested that Keith Cornelius come to the EDC and inform
them on the bounderies,'roads and public works regarding
L. �
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ECONOMIC DEVELOPMENT COMMISSION
- April 7, 1988
Page 3
Wildwood. Commissioner Jim Elson made a motion to have
The Public Works Director come to the next meeting, and
Bob Scott seconded. All EDC members present were in favor.
Mr. Cornelius will be informed of this.
Mayor Williams also said that the city revenues from
Wildwood would be around $98.00 per person and he felt this
would be a benefit.
b. Retail Sales Promotions.
Commissioner Penny Dyer said there had been a Bridal
Show at the Sports Center and she felt it was a success.
She expressed the need for the Merchants Association to
work together -as a group to promote retail sales, and
for more cooperation within the group.
c. City and State Revenue.
Mayors along the Railbelt are trying to unify together to
submit a resolution to the legislature. It was suggested
that perhaps Kenai would want to host a one day public
hearing on the Economic Limit Factor (ELF) and the need
for Municipal Assistance. At this meeting sources of
revenues could be obtained on where to get assistance for
the municipalities. Commissioner Jim Carter thought that
the two week time span that was being suggested as time to
prepare for this,was perhaps to short a time and said there
was going to be a teleconference Friday, April 8 at 2 pm.
Further discussion on this was tabled until some of the
EDC members attended the teleconference and another EDC
meeting will be held in two weeks.
OTHER BUSINESS
Mayor John Williams reported to the EDC on what funding
was going to be spent this year:
$700,000.00 Road Improvements
700,000.00 Roads
380*000.00 Roads at Airport
8001000.00 Float Plane Basin
350,000.00 Engineering -Roads
161,000.00 Senior Housing
31, 000.10 Airport Terminal
10S,000.00 Womens Resource Center
Applied for : 129,000.00 for observation_ center -Ducks.. _..I___
100,000.00 Dock
200,000.00 Ball Park i
F re Training Center
Spent: 75,000.00 for new ambulance
7,300.00 for cranes
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• ECONOMIC DEVELOPMENT COMMISSION -
April 7, 1988
Page A
;1 Mayor Williams anticipates a good year for 198E
3:{ because of the funding Kenai has received for
� these various projects.
- C 7. ADJOORNME Meeting adjourned at 10:00 pm.
00,
ck onald for Niva's Clerical April 10, 1988
for a City of Kenai, Economic Development Commission
a.
„¢ KENAI BICENTENNIAL COMMISSION
Regular Meeting, April 4, 1988, 7 pm
Held, Kenai Community Library
Bob Cowan, Chairman
a
_
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Present Absent
Bob Cowan Roger Meeks (excused)
Fred Braun Clair Swan (unexcused)
Sue Carter Jackie Oberg (excused)
George Ford
In Attendances Chris Monfor, Councilwoman
Father Targonsky
1. ROLL
Four Commissioners were present and three Commissioners
absent.
2. BICENTENNIAL COMMISSION GOALS AND OBJECTIVES
The Commissioners reviewed the second draft of the goals and
objectives. Each line item was discussed extensively and
corrections were made in order to finalize for presentation
to the City Council.
The introduction of the goals and objectives was read by
Chairman Cowan, and it was decided to prepare this in the
form of a cover letter. A conclusion was prepared and read
by Chairman Cowan.
The final draft was approved by the Commissioners, and the
consensus was to present this to the City Council at the
meeting of April 6, 1988. Chairman Cowan will present the
goals and objectives at the City Council meeting. ;
3. BUDGET
The upcoming budget for the Bicentennial Commission was
discussed briefly and would be addressed at a later meeting.
4. LAND REPORT - Commissioner Ford
Commissioner Ford presented the commissioners with a copy of
a land plat to review. The plat was of potential property
sites with various degrees of possibilities for use and
acquisition. Commissioner Ford explained the research and
information he had -available -regarding -the properties.
- -- Commissioner -Ford suggested -having -a- work- -session in -the — -
future to study the areas more closely.
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!1AI BICENTENNIAL COMMISSION
ril 4, 1988
go 2
COMMEN TS AND QUESTIONS
Commissioner Carter will ask the Chamber of Commerce to show
Its support for the bicentennial and will bring this to the
attention of the chamber at the next meeting.
Chairman Cowan asked Commissioner Ford to be present at the
City Council meeting, should there be any questions from the
council regarding land. Commissioner Ford consented to be
present.
Commissioner Braun wanted to stress to the City Council the
importance to the City of Kenai of the bicentennial for the
development and promotion of tourism.
Councilwoman Monfor complimented the commissioners on the
high quality and bard work they have produced in a short
period of time on this project.
ADJOURNMENT
The meeting adjourned at 8:55 pm
am
va A. Aburto
)a/Niva's Clerical Services
A
STEVE COWPER
GOVERNOR
STATE or Ar.An SA
OFFICE OF THE GOVERNOR
JUNDAU
April 12, 1986
The Honorable John J. Williams
Mayor
city of Kenai,
210 Fidalgo
Kenai, AK 99611
Dear John,
I have recently established a Mini -Cabinet which will
coordinate my administration's effort in regard to Naval
homeporting. I have appointed General Schaeffer to head
this effort and I encourage you to keep him informed of your
activities and progress.
insofar as the other issues you raise, I am sure you are
aware of my efforts for a maintenance budget for state
government as well as the University. Unfortunately, unless
we are successful in generating additional sources of
revenue, we will continue to operate.under severe financial
constraints. As you may know, I have been advocating for
the Severance Tax ELF revision which would bring us a much
needed $229 million for FY 89. I will, however, continue to
assess the budget for the $500,000 budget for the University
of Alaska to develop a fire training facility.
I have also been in continuous contact with General
Schaeffer in regard to the possible addition of a rescue
flying unit to the Alaska National Guard. I would like to
assure you that if this is at all possible, Kenai would
receive the highest consideration.
I would like to -thank you for the continued cooperation and
support I have enjoyed from the City of Kenai and the Kenai
Peninsula Borough.
Steve - Cowper --
Governor
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PURCHASE ORDER
CITY of KENAI THIS PURCHASE ORDER
NUMBER MUST APPEAR ON
rANARY
ITE • VENDOR 21p FIppL60 ST. PHONE 283.7536 ALL PACKAGES AND PAPERS
LDENROD • ACCOUNTING RELATING TO THIS PUR-
` ACCOUNTING KENAI, ALASKA 0611 It CHASE.
E • SHIPPING 6 RECEIVIN N[F.
EEN • APPROVED COPY
K - REQUISITIONER Dale--20-88
SHIP VIA: BY
wuv wit PREPAY SNIPPING • CHARGE foe Mom PURCHASES AUTHORIZEDONLY WHEN SIGNED ABOVE BY
SEPARATE ON INVOICE THE FINANCE OIRECIOR OR HIS AUTHORIZED AGENT
ITEM NO.
OESCRIPTIONOR ARTICLE o°Wiptaio UNIT UNIT PRICE AMOUNT
1. Evaluation - Kenai Medical Services.
----- -------------- $3 9750.00
NOT TO EXCEED ----------------------------- - ,
L
Walters & ooson, Inc.
insurance
130 S. WIIIOW St.
April 20, 1908
Box 70
Kenai, Ak: 99611
Telex 25.249
907-283.5116
Mr. Charles A. Brown
Finance Director
City of Kenai
210 PLdalgo Ave.
Kenai, AK 99611
Dear Charlies
The Kenai Peninsula Borough has recently decided to retain
the services of INTERQUAL, a Boston based medical risk
management firm, to evaluate their four emergency service
areas. INTERQUAL has substantial experience in Alaska,
including recent evaluations of Central Peninsula Hospital,
Kodiak Island Hospital and Valdez Community Hospital.
Additionally, INTERQUAL has worked with a number of
physicians insured by the Medical Indemnity Corporation of
Alaska, the leading medical malpractice underwriter in our
state.
INTERQUAL has indicated that the cost to the City of Kenai
would be approximately $3,000 plus 20% of the travel
expenses incurred.
The Kenai Fire Department EMT Program is loss free.
However, an outside evaluation by INTERQUAL should be of
benefit to Chief Ivanoff and his EMT's. Additionally, the
money spent on this evaluation should be recouped in
several years in the form of reduced malpractice premiums
for both the EMT's and their supervising physician.
I have enclosed some additional information on INTERQUAL
for your review. They are tentatively scheduled to visit
the Central Peninsula during the first or second week of
June. If I may be of further assistance, please give me a
call.
Sincerely,
Kurt .E. Olson
Enclosures
c.c. William Brighton
Chief Ivanoff
KEO/ay
DMMQUAL. INCORPORATED
Consultants. Educators ad Publishers to Health Caro Providers
OVERVIEW IaterQuai. Incorporated, founded in 1976. is a leading consulting,
education and publishing firm offering its services to health care
related organizations worldwide.
InterQual specializes in development and implementation of state-of-
the-art utilization, quality review and risk management programs and
credentialing and privileging systems, as well as the design of in-
ternal accountability systems including organizational strategies,
corporate and medical staff bylaws and related governance docu-
ments.
The IaterQual staff provides expert services through direct consul-
tative assistance, educational programs, a variety of publications.
including technical manuals, handbooks and reference tools, and
software packages.
SERVICES InterQual offers a wide range of services in:
• Clinical screening programs to reduce malpractice losses
• Compliance with regulatory and accreditation standards. Includ-
ing JCAH
e Confidential clinical performance evaluations of physician
practice patterns
e Corporate and medical staff relationships, organizational
structures and bylaws
e Credentials file content analysis for membership and clinical
privileges recommendations
o Credentialing and delineation of privileges systems and
methods
e Development of hospital/physician cooperative ventures and
alternative delivery systems
e Medical record services management
• Medical staff development plans
• Medical staff office organization and management
• Quality review systems
• Utilization review and management systems
InmrQual'
L
1 -2-
CLIENTS
InterQual clients have included:
e Competitive health plans
e Free standing ambulatory centers
e Governmental, corporate and multi -hospital health systems
e Home care services
e Hospitals
e Hospital and medical associations and medical specialty boards
e Long-term care facilities
e Malpractice liability insurance companies
e Medical and allied health professional organizations
e Physician groups
e Preferred provider and health maintenance groups
e Professional Review Organizations (PROs)
DrMQUAL'S
InterQual is distinguished by the variety and scope of Its services
APPROACH
and a comprehensive approach to assisting its clientele which In-
cludes research, analysis, design and development, instruction,
implementation and evaluation of programs and services. InterQual
possesses organizational strategies and expertise as well as clini-
cally -based systems strategies and expertise. Because of this, it
bridges the gap between administrative management and clinical
management, I.e., between board, CEO and medical staff. This h
what makes InterQualb services unique.
EDUCATION
InterQual offers regional and on -site continuing education seminars
and workshops that address Important aspects of health care.
InterQual Is accredited by AMA/PRA, AMRA, NAQAP, NAMSS. and
specific state nursing associations.
PUBLICATIONS
InterQual publishes a complete source of reference and technical
assistance tools for quality, cost and risk control and credential-
ing including manuals, forms and software as well as model guide-
lines for medical staff and hospital corporate bylaws.
Manuals are developed and written by the InterQual staff with con-
tributions from leading specialists and contain sample forms, moni-
tors/screens, checklists and charts.
I SOFPWARE Soon to be available from InterQual will be software packages to
supplement its quality review, utilization management. risk manage-
ment and credentialing systems.
MAJOR SYSTEMS
Corporate and
InterQual's organization -related consultation services include nego-
Medical Staff
tiation and conflict resolution, preparation and Implementation of
Relationships,
hospital and medical staff bylaws and related documents, counseling
Organizational
medical staffs and hospital management on issues related to due
Structures and
process, and -formulating corrective action guidelines
I Bylaws
_'
4.
ri
II p1G10N/uls
7
i
r
-4- -
Osteopathic Board of Surgery to design the evaluation methods used
in that specialty board's certification and recertification
procedures.
AFFILIATES MediQual Systems, Inc., an InterQual affiliate, was established in
1980 to develop a medical quality/cost control system sensitive to
severity of illness. This computerized service called MedisGroupstm
-- Medical Illness Severity Grouping System -- uses objective clini-
cal data to demonstrate and control the effectiveness and efficiency
of medical and hospital services.
OFFICERS CHARLES M. JACOBS. JD. is InterQual's founder and serves as its
President. Mr. Jacobs was formerly Associate Director of the Joint
Commission on Accreditation of Hospitals (JCAH). Currently, he also
serves as Chairman of the Board of MedlQual Systems, Inc.
JOANNE LAbIPREY, RN, Senior Vice President of InterQual,
oversees the consulting projects, educational programs and publica-
tions involving organizational design. accountability systems,
quality review methods and utilization management and risk control
mechanisms for medical staffs, clinical support and nursing depart-
ments. She is nationally recognized for ploneering the state-of-
the-art design of utilization management, quality review and risk
management systems and methods. Ms. Lamprey has extensive consult-
ing and teaching experience and lectures internationally.
SUSAN WEAGLY, JD. Senior Vice President of InterQual. is the primary
author of interQuai's seminar materials .and publications on medico -
legal subjects and credentialing systems and the principal drafts-
person of bylaws and the related documents. She has extensive
teaching and consulting experience in the areas of hospital and
medical staff bylaws, related medico -legal • issues, and credentialing
of medical and ancillary health practitioners.
In addition, InterQual has a full-time staff of professional, admin-
istrative and support personnel. The consulting staff is composed
of attorneys. hospital administrators. medical records profession-
als, nurses, MBAs and other advance degreed Individuals. InterQual
also has a panel of consultants experienced in a broad range of med-
ical and health disciplines whose expertise is used on a case -by -
case basis.
For more detailed Information contact:
INTEROUAL. INCORPORATED
44-Lafayette -Road - - - 1900 West Park -Drive - -
North Hampton, NH 03862 Westborough. MA 01581
-- - -- -- -(603) 964-7255 - - - --- (617)-366=6365--- - -- --
L
InkfQual0
04/10/87
01
t
I
CITY OF KENAI
„loll cap" 61 4"„
April 13, 1988
c
- --
- -- -
MEMORANDUM
_
-
Tot Kenai City Council/+
-
FROM: Dana Gerstlauer, Administrative Assistant
RE: Grace Drilling Company
Lots 10-13, Block 1, CIiAB
Grace Drilling Company has requested that they be permitted
to assume the lease on the referenced property (formerly
leased by Beluga Development and subleased to Grace Drilling
�`-
Company) but have refused to sign the lease in an individual
"
capacity.
Grace Drilling is asking the Council to Naive the
'- -
requirement for an individual signature, based on the
_
financial information attached to this memorandum. Grace
Drilling Company is affiliated with W. R. Grace and Company
of New York.
-
Attachment
r-"
�► � ! �; gentleaens
c
.�- In response to your request• we are providing the following
credit information that must be kept confidential$
Nan of Dusiness grace DrillingCo an
street Addtln 205 N.N 63rd Suit* _I00 "ailing Address P.0.8. 20020
'City- Oklahoma C u stale OM
phone 415 843-8899 Type of Bus nee
Ooing eus nlss ®fne's 1975
We are a iftlly owned subsidiary CUM
f _t 1114 Avenue of The Americas, New York
sip
— --- --- -'
Out legal entity Is# Corporation #
state of Incorporation_ware_,Date of Incorporatio ^ 12/4/74
j
flames of offiosts and titless
J. No gregath president ,
-,- - - - ' -- -
it. a. DeLonq vice President
E o Hornbeck Controller
..
Sank Name Chemical Bank Phone Number 12121310-76i8
!:
Address 277 Park Avenue City pew York City Btate New York
r 755-506170 Office Lorrla an V.Account Dumbef
_ _
Conwarsion Numiber 615-501141 Federal zoo* Number 73-0971397
References:
1. Armco National supply
P.O. Rox 92648
Chicago. IL
Telephone Numbers (918)664-8877 E
2. U.S. steel-011wall
pool Box 05432
Dallas, TX
Telephone Numbers (214)748-0291
:.
3. ROMCD
P.O. Box 2442
gouston, Tic
",.
Telephone Numbers (713)734-0281
`
please charge all applicable sales taxes.
Very_ lculy yours,?
- -
doe 8. 8ocnbeck
W -j
CITY OF KENAI
eardgd aj 4"
140
. mi0 FlOAM Km"' ALAS" "NI
_.__ TmLm'MONL4W •�
April 13, 1988
MEMORANDUM
TO: Kenai City Council
nOM: Dana Gerstlauer, Administrative Assistant 4
RE: Grace Drilling Company
Lots 10-13, Block 1, C11AP
Grace Drilling Company has requested that they be permitted
to assume the lease on the referenced property (formerly
leased by Beluga Development and subleased to Grace Drilling
Company) but have refused to sign the lease in an individual
�- capacity.
Grace Drilling is asking the Council to Naive the
requirement for an individual signature, based on the
financial information attached to this memorandum. Grace
Drilling Company is affiliated with W. R. Grace and Company
of New York.
/dg
Attachment
In response to your requsat, we are providing the 90110wing
credit infocaation that most be kept aonfidentials
' Name of ousineas arm Driii
street Address 205 N.M. 63rd auiu loo Nai ng Address P.o.e. goo 0
h •City,,,• Mlabom�a City - state ok1 oma sip Coda 731S6-ooZo
- - - phone 405t41-ea99 Type of sus Mrs. Dei 1 n9 Contractor
Doing sus ness since 1975
Grace Plaza.
We are a Mboily owned subsidiary oi,�t. 1t. Gcaca a Co..
1114 llvenue of The We loss New York NY 10036
tM
-
our 1ega1 entity is: Corporation
�•.il.�ll��
state of IraorposatioA Dalarari Date o! inaorposation 12/4/74
t
pries of officers and titless
J. R. Gregath president
Vice president
J. g. Nornbeck Controller
_-_
bank Uwe Chemical sank phone Number t2121310-7648 `
Avenue City. Now York City state flaw York If
address 277 Lack
Account Number 755-506170 Offices Lorriane Mohan V.?.
. t
;•
Conversion Number 615-501141 pedesai LD. Number 73-0971397
Referencess i
-
--
1. Armco National supply
P.O. Box 92648
Chicago, IL
Telephone Numbers (918)664.8877
f -
2. U.B. Gtee1-011wall
p.O. box 85432
Dallas, TX
Telephone Number: (214)748-0291
-- -
= -
3. NOM00
P.O. Box 2442
-
-
Noustoe, 1%
Telepbone Numbers (713)734-0281
Please charge all applicable sales taxes.
's.'.
Very truly yours.
vJoe 8 locnbeck ..
GRACE DRILLING COMPANY
• CONSCLIWED BALANCE SHEET
$ (000)
111 (�)
- ' neaembec 31 September 30,
Was
1985
1986
"Reset@
-
-
1)
Cash __.. i (X#202)
12439
21
Notes A Accts. Rec. - Trade
23,292
l,Z98
•
( 3)
Notes i AcOts. ROD. -► Other
852
4)
Allov. tot Doubtful AaotO.
(4,298)
18 401
'
1,951
- -= - ---
- =
S)
Other- Current Assets
36,965
i 39,08S
( i)
Total Current Assets
( 7)
properties and Equipment
327,247
i 355,360
-
8)
uis
Least Aco. Dept. i Depi.
103 256
223*991
11 401
i 240,959
y)
Net properties a Equip.
(10)
tavestments
Otill pipe i Collars, Net
f 2,373
30*542
i 1t539
33002
Other Assets
320
63
!■
,.
13
l 1
Total Assets
. war.
■ ;■
..F
(14)
Liabilities
Aocts. and Acaapt. payable
0 2,008
i 3r210
�.
(15)
U.B. i goceign Taxes on Income
(4,462)
194
0036
_.
(16)
Other Current Liabilities
6.806
_ 4.
.8 7,442
J.
(171
Total Current Liabilities
S 4,354
Detected Taxes on Income
4 89,134
756
8 85•124
'
(19)
(20)
Capital stook
paid In Capital
3,336
147�242
_ ... ..,.
..a :.
Retained Earnings
117,37_6
75 84
(22)
Total Liabilities and
stockholders Equity
1XIA.;9a■
;;;is.■
i"
r .
-
. 2
L
r ' 1
dF'.'•�.t•, yir
I :.'i •�'v t 5 '�
�;y.,�:.! .. :•'i :mod
' N4M * r_ �,•�'ice �\ � � w
mo
- --'-- - - --------- - `!• .+fit._• f,t.r`•.�,:'d� J~ •_ �, .�?i 'bI'�t ..►
rA
0•n �:'-tea
J tr._ _____ ___- _- -. _ . r •• t. .. ���-l1RR tit N
��!' �1'=� •,r ••:.. •q: �^!r r: Y' .'�i.:M ��t2•Ct�i'14Ma:lI
S
5,
f �
t
I ,
I
l:-
i
'�RArJ"�S:'.:.Af!�►,L,M�'^ti.k�'�r::.�.l:;tljirlf•+�u•:a•+w: a.
I
- - A
IYwl111� � 1
W.R. Grace & Co. toxr.'I hlyd 1)"artrr 11060rt r --
Chairman's INUSSAge domestic product lines. General business benefited from
htgnercammg*lnbook.dwnbutionand cocoa products. - --- --- -- -- ---- -------_--
Many of the trends that affected W R. Grace & Co. i
In mslauranu. Graces results were reduced by losses
performance in the first half of 1986 continued during the
incurred on the %ale of several poor -performing units. A
third quarter. Results in our specialty chemicals business
notable exception w•asthe Company's 73r-owned El
were at a record high. while fertilizer and petroleum.
Torttarcstaurant suhstdiam. which reported a 32% gain in
related activities experienced losses. Consequently. net
net income tar the third quarter on a20%rise insales.
income from continuing operations in the 1986third
Grace1scurrentlycuncludingarrangementsforaman-
quarterwasonlymarginallyaheadofthepriorquarter
apemen• led leveraged buy -Out ofIts Restaurant Group.
and uill below that of the 1983 third quarter.
TheCompany expects to retain a substantial minority
Operating income from specialty chemicals rose 35%
interest in the newly constituted restaurant company.
toSS2.7 million. but agricultural chemicals and natural
Continued progress was made in the sale of the retail
`
resources had losses of S8.6 million and S6.8 million.
businesses. Kay Jewelers. Inc. has agreed to purchase
(I
respectively. in the 1986 third quarter. The General Bum-
Grace's 9l-starel. 0. Robinson Jewelers chain for
ness Group posted profits of S5.3 million. an increase of
approximately $55 million. and the four -unit HQ Hume
SI.6miIlion or42%. while rest auranlsoperated atessen-
QuarterWirchouse chain was sold for approximately
tially a break-even level for the three months, Retailing
slomtllion.%egottationsaft continuing for the sale of
activities. which are being divested. areireatedasudis-
the remaining retailoperations. %hichthe Company
continued operation.
expects to conclude by the end of the 1987firatqu2rier.
i
In the 1996third quarter. Grace's net income was S4.3
The balance of our lung -term restructuring program
I`
million. down sharply from 524.9 million in the compara-
also remains an track, with efforts directed toward eam-
bleperiod lust year. Earnings per share were 10cents
ingsimprovements through lowercapitalexpenditures.
versus 47cents. Operating income aftertaxes lagged
divestment of ton -core businesses and underperforming
1985 by $8.0 million or 16%. falling from S50.6 million
assets. debt reduction and redeployment of cash proceeds
to$42.6 million. Sales for the three months ended Sep-
from asset sales. Additionally. refinancing to secure lower
tember30reached Sl.3billion. aft increase of6%.
interest rates. streamlining of operations. cost cutting and
In the first nine months of 1986. net income was S87.7
overhead reduclions are being undertaken.
million versus lost year's S102.2 million. a decline of
Despite the low level of operating earnings this year.
14%. Earnings per share were S2.08 against S1.96. an
the Board of Directors has maintained the cash divi.
increase of 6%. reflecting fewer average common shares
dend at the annual rate of S:-80 per share- w ith the
outstanding in the 1986 period. Included in the nine-
latest declaration of 70 cents per share to be paid on t
month amounts was a net gain of $83.0million in 1986
December 10.1986.
(representing after-tax operating income and a net gain on
While 1986 has been difficult and clearly unsatixfac-
�.
the disposition ofcertain retail Operations) and aS35.0
toryfrom aprof itstandpoint. out restructuring efforts ore
,
million gain in 1983 1 including S33.7 million on the pub-
intended to position the Company for future earnings
lic offering of Herman's Sporting Goods►. Nine -munch
improvement despite continuing uncertainties in the
earnings per share from continuing operations %were 10
commodity sectors.
- -- -
cents in 1986 versus SI.29 in 1483. Sales in the 1986 nine
months were up 39i to S4.0 billion.
---The surge in specialtychemicalearningsinthe 1986 - --
- - - - - - - - - - - -
- -
third quarter was attributable to a strong performance
overseas. aided byfavorable currencytranslation ofa
1. Peter Grace. Chairman and Chief Executive Officer
weukcr C.S. dollar. as wall ax higher results from certain
October 30.1986
ti n
j.
I
I
l
4,
Financial tnturmatifin-blawirr,d
W. R. Grace k Co. and Subsidiaries !
Operating desults-Third Quarter and vine Months sdrilikNo
Sates
I
ThirdOuaner
meccas i ereasel
Nine Months
Ir�ri cease/tDeCieatel
1986
1983
Amount
Percent
1986
1983
Amount
Percent
. By Operating Croup
Specialty Chemicals.....
S 627.2
S 565.7
561.3
IIS4
81.797.7
$1.621.9
$173.8
11%
Consumer
Restaurant...........
319.1
263.8
55.11
21
"41.8
743.4
186.4
25
{
General Business .....
303.6
185.9
17.7
9
609.4
$47.3
61.9
11
Commodity
Agricultural Chemicals
98.9
117.6
(18.71
(16)
390.1
503.6
(123.3)
(23)
Natural Resources.....
72.4
117.8
443.41
(39)
260.2
379.9
(118.71
t�1f�
TotaiContinuing
? 1
Operations ......
$I®
S1.250.8
SS 7o
6%
13�:
83��
$181.9
3'k
�
ByCeogrophic Location
United States...........
S 954.4
S 945.3
S 8.9
Irk
12.11".4
$2.896.0
S 1.4
-Sb
Canada ...............
29.2
28.8
.4
1
$3.2
79.7
3.3
4
Europe ...............
235.1
206.7
48.4
23
759.5
399.4
160.1
27
• Other Ateas............
82.S
69.8
12.7
I8
242.1
ns.2
16.9
7
Total Continuing
Operations ......
$1.321.2
31.250.8
$70.4
6%
13.982.2
53.800.3
S 181.9
5%
-
Operating Income rt.osslAher7lixty,
..
I
Third Quarter
Increase iDecrease)
Nine Months
�nerease/IDecteasel
1996
1985
Amount
Percent
1986
1983
Amount
Porcerit
By Operating Croup
i{
Speci21tYChemic2l%.....
S 32.7
S 39.0
S 13.7
35%
S 135.6
S 103.9
S 29.7
28%
�
Consumer
Restaurant...........
01
4.7
(4.91
(104)
9.3
14.8
(3.3)
(37)
II
General Business .....
5.5
3.9
1.6
42
16.2
12.6
3.6
29
Commodity
Agricultural Chemicals
(8.61
(4.81
(3.81
(78)
(29.51
(11.0)
(18.3)
4168)
Natural Resources.....
(6.81
7.8
(14 61
(187)
13.91
39.7
(43.61
(110)
Total Continuing
Operations ......
S. 22.6
S 50.6
esa�
S 18 fit
+eo
(16)%
3 127��
�.�.7 S 162.0
S 134.31
w
1211%
By 0.4silrophle Location
United States...........
S 15.4
S 39.4
304.01
(491%
S 50.0
S 94.2
S (44.2)
(471%
Canada ...............
3.2
- - 3.2 -
-.
2. -
.... S.4 ..
- . -6.8. .
. -. _ 1.6
24 -
Europe ...............
16.7
10.4
6.3
60
45.6
31.3
14.3
'f
Other Areas ............
7,3
7.6
4.3)
(3)
23.7
29.7
16.0)
1( ;
- -- - - - - TufalContinuing
Operations ......
S 43.6
GMMMMo
S 50.6
am"N..s
S 18.0)
(161%
S 127.7
S 162.0
S (34 31
4210
•twnPuaJtcromalhRAnmaiaat►nataR•Kan•A. ienttal.v.p�mMerAe�J.pYhYaICCIpOMtMkRyYWMIMQf1011QQb10tClra11111WIafhC WOtIdWfN�.
i
f.,
I`.
1
1
i,
{L.
L
W. R. Graced Co. t'mh riard oinkri r 114't►nrt
Management Comments on
Interim Results
Sales and Operating Income After Taxes by
Operating Group
Soles from continuing operations increased by 6%and
M. respectively. for the third quarterand nine months of
1986 from the comparable 1985 periods. reflecting higher
Was by Grace's restaurant. specialty chemical and gen-
eral business operations. partially offset by lower natural
resource and agricultural chemical sales.
Operating income alter taxes from continuing opera-
tions decreased by 16''c for the third quarter and 21% for
the nine months of 1986. Abnicultural chemical opera-
fions incurred larger losses in both periods. natural
resource operations incurred losses in both the 1986 third
quarterand nine months and restaurant operations sus-
tained a small loss in the 1986 third quarter. These unfa-
vorable results were offset in part by higher specialty
chemical and general business operating income in both
1986 periods.
In the 1985 nine -month period. natural resources bone -
flied from a 541.8 million after-tax gain (excluding a S,1.6
million write-off of related capitalized interest included
In general corporate on the sale of certain oil and gas
Interests. which was partially offset by a 530.0 million
after-tax loss provision for the divestment of eastern coal
properties. Additionally. specialty chemical results for
the 1985 nine months and third quarter include after-tax
expenses of 53.2 million relating to the acquisition of
Chomerics. Inc. The 1986 nine months include an addi-
tional SI.O million alter -tax loss provision related to the
divestment of eastern coal properties. the last of which
Specialty chemical sales increasedby 11% in both the
third quarter and nine months of 1986. primarily due to
favorable foreign currency translation estimated at 7%
and 8%and volume increases estimated at 4% and 2% for
the two periods. respectively. Specialty chemical operat-
ing income advanced by 35% for the third quarterand
28% for the nine months of 1986. ref letting strong per-
formances of electronic materials and European packag-
ing products in both periods and domestic packaging in
the nine -month period. Results of foreign operations for
both 1986 periods were also favorably affected by foreign
currency translation due to a weaker U.S. dollar.
Restaurant sales rose by 21%and 25% in the third
gtwrter and nine months of 1986. respectively primarily
reflecting sales from restaurants acquired during 1985.
The 1986 third quarter sales increase was also favorably
affected by an estimated 1.7% increase in comparable
restaurant sales i restaurants opened prior to January 1.
1985). Restaurant operations sustained a small loss in the
1986 third quarter for the nine months. operating income
was 37% below that of the 1985 period. The 1986 results
were adversely affected by losses of approximately 53.2
million. sustained primarily in the third quarter. on the
disposal of certain poor -performing units. coupled with
lower earnings resulting from a slight decrease in compa-
rable restaurant sales in the nine months. primarily from
the dinnerhouse operations.
General business sales were ahead by 9% and 11% for
the 1986 third qu titer and nine months. respectively due
to increased sales from book distribution. cocoa products
and specialty textile operations. General business operat-
ine income advanced by 42% in the 1986 third quarter
and 2191r in the nine months due to higher earnings from
cocoa and book distribution operations in both periods
was bold in July 1986. Excluding these nonrecurring and. for the nine months. specialty textiles.
items. uperaung income for the nine months of 1986 Agricultural chemical sales for the third quarterand 11
- - --- -- -
would have been 5128.7 million versus SI53.4 million in nine months of 1986 decreased by 16% and 25%. respec-
1985. a decrease of 16 x. Operating income excludes the tivel: resulting from Inver volumes for phosphate and j
-1986 second quarter net gain of $83.0 million tin the sales- - nitrogen products and-14mar prices: principally for - - - - -- - of Grace's interest in Harman's Sporting Hoods. Inc. and ammonia. As a result. larger loses were sustained in Moth
western home center operations and the :)larch 1985 gain 1986 periods than in the 1985 periods. Weak demand and
of 533.7 million from the initial public otfaring of a r excess supply have continued to force prices and %plume
minority interest to Herman's. downward during 1986. �. n
a
J
i
�1
1
f
c.
f,
I
11
Natural resource sales forthe 1986 third quarter and
nine monthsvveredown by 39 % and 3lrh. respectively.
reflecting the decline in oil and gas prices and weak
demand forenergy services. Excluding the previously
discussed nonrecurring items. natural resource operating
Income for the 1986 nine months declined by 110% versus
the 1985 period. primarily due too loss in the 1986 period
In energy services and loweroil and gas earnings caused
by the factors discussed above. The average utilization rate
for Grace's land -based drilling rigs was 18% in the third
quarter of 1986 compared with 51% in 1985.
Consolidated Statement of Income
Grace's retail operations are treated in the Consolidated
Statement of Income as a discontinued operation in 1985
and 1986. The 1986 nine -month operating loss of the retail
businesses not yet divested. amounting to S2.9 million.
has been deferred and will be charged against the grin
anticipated on the sale of those businesses. The S83.0
million net gain on the disposal of retail operations in the
1986 nine months includes the gain on the sale of Grace s
interest in Herman's in April 1986. a loss on the sale of
western home center operations in June 1986 and the 1986
results of those operations until their divestment.
The Company adopted Financial Accounting Standard
No. 87 "Emplovers' Accounting for Pensions." as of
January 1.1986. The effect of adopting this new account-
ing standard was to increase net income by approximately
33.1 million and $9.4 million. respectively. in the 1986
third quarter and nine months.
Sales for the 1986 third quarter and nine months
increased by 6% and 5 x. respectively, as mentioned
above. while cost of goods sold and operating expenses
increased by only 4% in both periods. This disparity was
principally attributable to the increased sales from higher -
margin specialty chemical products and reduced sales of
lower -margin agricultural chemical products.
Div idendsinterest and tither income decreasedby 38%
in the nine -month period of 1986 due to the inclusion in the
- comparable 1985period ofthe-pins recognized onthe - —
sale of oil and gas interests and the sale of a portion of the
Company's investment in Warehouse Club. offset in part
by the 1983 pnwisiun tier divestment of eastern coal.
W. It. Grace & Co. psr.'1 htnl i.marmer ttvnort
■
Interest expense increased by 17% and 25r . respW-
d el.% in the third quarterand nine months of 1986.
reflecting higher average borrowings primarily attribut-
able to the Company's purchase of its stock previously
owned by Friedrich Flick Industrieverwaltttng KGaA for
5596.1 million in January 1986. partially Offset by IONWV`
average interest rates.
On October7.1986. the Company announced a corpo-
rate overhead reduction program. including staff redoc-
tions. which is expected to result in a nonrecurring charge
to net income of approximately SS million. or 12 cents per
sham. in the fourth quarter of 1986.
Rnancial Condition
As shown in the Consolidated Statement of Changes in
Financial Position. funds used before investment and
financing activities in the nine months of 1986 exceeded
funds provided by 3209.1 million. This shortfall princi-
pally reflects capital expenditures. workingcapiml
requirements. cash dividends and the low earnings for the
1986 nine -month period. offset in pan by depreciation.
depletion and amortization. In addition. S598.1 million
was needed for the January 1986 purchase of the Compa-
ny's stock. These requirements were financed by net pro
ceeds before taxes of S387.3 million from the sale of
Grace's interest in Herman s and western home center
operations in the 1986 second quarterand by net increases
In short-term and long-term debt of $280.2 millionand
$193.3 million. respectively. The net Increase in long-term
debt mainly reflects the issuance in February 1986of S250
million of 7%Convertible Subordinate Debentures. The
Company has reduced the debt incurred in the January
1986 stock purchase with proceeds from the sales of the
above retail businesses and expects to further reduce debt
with proceeds from the sale of its remaining retail busi.
nesses and the leveraged buy-out of its restaurant operations.
At September 30.1986. Grace's long-term debt as a
percentage of total capitaF{"debt-rativ) wa*46.9% c
pared with 42.7%at September 30. 1985. The4.2 per.,'
-centage-point-increase primarily reflectsibelanuury1986 -
stock purchase and the net increase in long-term debt
mentioned above. At September 30.1996. the Company
had unused lines of credit of approximately S633 million.
S
NineMordbliEnded
§Me_mber30,
Saternber30,
Sol" ..................................................
1986
1905
1
1995
Dividends. inieresiondothetiecome.oct
$141211.2
31.250.8
$3,982.2
S3J=.3
13.8
38.1
60.8
Cost of SOWS said and operating expenses .....................
........I......
1,337.0
889.1
1.288.9
41042.7
3.897.3
Selling. general and administrative expenses .................
Deflecialion.depletionandatessmitation
276.4
$31.2
256.1
2,711.8
U3.3
3602.3
734.9
.............. I .......
laturstexpene .........................................
$6.3
52.3
79.5
44.7
24.6
230.5
Research and development expenses ..........................
24.9
174.5
139.8
lawfile (Mm continuing operations before tun
L). 2
69.
67.2
................
Incometaxes; ............................................
8.0
3.7
34.2
M
102.6
VA,
income from continuing operations ..........................
4.3
7A
27.1
4
4.7
39,41
4.
,
After-tax operating inclUncilloul and net gain on disposals of
67.2
discontinued retail operations .............................
12.21
83.
33.00,
NOincome .............................................
- 4.3
24.9
Loss.
"P.7
L 10.2.2
Earnings per sham from continuing operations ..................
.10
52
.10
S
I.
e
s .10
Mw".47Eamingsp
.
..9269
thu
rate frcnliningogalionso....................
.
AvmgccommuniihamouLsl&Winttllhousandsp.,
eea46.0%
34.5%
J2.1.01
lnawnpcumwdmedi"oljtqNwing in 19116 Venus 1935 MOM64101COMPaWsPutchawof 13.6ndthoodusonofin Cumnocts Stock in janugy l9ii
4311,1011111PA"ItY the swiskV091.6million Whann so O"Mogn eves.6
'"ftk*s a twool 1133. Imillissouniho Mcmunsioltial public oftensil. completed in klavvis lqNS.
F1% tear Results
Net Income
smans"s
Third Quarter 1982-1986 1982
S
40.1
1983
S
29.7
1984
5
35.0
1985
4MMOMMOMMOM
S
24.9
S
4.3
Sules suilli,41,
EarninpMrShare
1982
- A] 349,9 _19HZ
mopl
78
1 1983
P
S1.246M 19114
WAMMMVMMMIP
S
.67
1985
S
.47
1986
S
.10
1air
A
1
A
Financial glmcn►elnr-VrmlrGrN W.R.Grua & Co. and Subsidlsria
i , n
f
Cone lidatedlialoneeShesissumau Septembsr30. Deamber31. September30.
111186 1985 1989
Assets {
Cub and cash equivalents. including marketable securities of$17.3
(December31.1983-SII.O;Septemba30.1983--S17.3).......... S 169.1 S 131.6 5 148.2
Notes and accounts receivable. less allowance of $26.1
(Deamber31.1983-$26.3;September30.1983-526.9)..........
727.0
703.7
725.9 `
Inventories ......................................
662.4
607.6
1116.0
Net investment in discontinued retail operation ......................
300.4
510.5
-
Other current astets............................................
60.7
30.1
115.8
Total Current Assets ............................
1,919.6
2.023.5
21103.9
Investments in and aftncestoaffiliatedcompanies ..................
334.2
317.9
289.2
1 Properties and equipment. less accumul ueddepteciation.depictionmW
alnorlltation of 52.142.2
("
(December 31.1983-SI.947.7;September 30.1983-S2.040.1) ....
2.624.3
21396.0
2.761."_
Other assets ..................................................
396.7
350.4
370.3
Goodwill. less accumulated amortitatiun of S23,8
(Deeember 31.1983-S20.7; September 30. 1983-522.2) ..........
143.5
133.1
I37.7
Total Assets ...............................................
P.4111.3
S3�0.9
$5. 3.1
Liabilities
Loans payable ................................................
S $72.7
S 294.2
5 260.7
Accounts payable .............................................
379.1
408.1
576.6
Incometaxes .................................................
72.4
78.5
76.0
Other current liabilities .........................................
308.7
234.3
328.9
Total Current Liabilities ....................................
1.332.9
1.033.3
1.241.8
Long-term debt ...............................................
1,722.8
1.524.1
1.690.6
Noncurrent liabilities ..........................................
228.7
194.3
230.0
Deferred income taxes .........................................
253.8
262.3
314.2
Shareholders ,equity ...........................................
I.M.3
2.403.9
2.:08,5 ;
7blal Liabilities and Shoreholders' Equity .......... . ..........
JLW
S5.420.9
53
Summary of Rtesulis-112-MonihPeriod%S.hMonravrrprperdnnrr
September30.
September30.
Increaw. mbeercaan
1986
1983
Amount
Rtrcent
Sales ..................................................
$5.374.9
$5.09511
r :79.
--1%
Income (mmcontinuing operilpnnx .............. . . ..........
31.6
99.0
467.41
1681
After-im alwrating income and net grin on di.po.alx of di%conanucd
shalluperatlttm.......................................
1tlt1.8'"
59.6"
41.2
69
Net Income .............................................
132.4
138.6
126.21
1171
Parningspc share front con inwn�uperattun>`__..............
.70
1.90
11.201
4631
E itingapershrrc ........................
2.96
(.091
1 1
Aceragecammon.h;tnsputarmlinguhou.and%i ...............
44.3%
31.773
17.1791
1
•inclukk%awl eamul is., U�mllu.nl.mhe •akxaNirx¢: m�arN1 m Ilanwn:amlthe M.timnMmalun4•nperatwm.
•lnrlud. x a ram 11 f!!.'.mllxrl..n�ly IArman 1 Mnraltwntw alcnnu. aumIWY1Y1 m a.ni� IOM7,
;I
�
t
i
r: - -
t.
i
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is
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Operuthut RvOrw
Dutch Specialty Coatings Firm Added
Grace Drilling and Panhandle Eastern
Agree in Principle to Combine Rigs
Gracefftderland)&V acquired Storm, WaRentem di
Khnysrr B.V. (SBK)of %%Iormer• the Netherlands. in
(trace and Panhandle Eastern Corporation. Houston. have
August. Founded in 1699. SBK Bells metal packaging
agreed In principle to combine the land drilling opera -
lacquers. sealing compounds and wood coat ings.The
dons ofPanhandle'sdrilling subsidiary. Dixilyn•Field
acquisition fits well with Graces existing technology as
Drilling Company. with Gme'sdrilling subsidiary. Grace
part ofthe European Darer Division. Inaddition. SOK's
DrillingCompam
strong position in the Netherlands. the United Kingdom
The recent combination of Grace Drilling and
and Scandinavia should complement Grace's already
Brinkerhoff -Signal. Inc. Sim Oroce Drilling 168 land
firm position in Germany and other European countries.
rigs In Oklahoma. the Rocky Mountains. Louisiana.
Texas. Arkansas. Caiifamia and Alaska. The addition of
C
Dixilyn•Field's201andrigs andtwo inkmdbargeunits
Buoyancy Foam Aids Dive to Manic
would bring the total to 190. making Grace Drilling the
world's largest drilling contractor.
Emerson & Cuming syntactic foam provided the buoy-
ancy for Alvin, a submersible. and AtsonJr. a robotic
underwater camera. which photographed the R.M.S.
Engineering Subsidiaries Divested
Titanic two and a half miles deep on the floor of the Atlan-
tic Ocean last July. The high-performance foam consists
Eisen Z Killam Associates. /nc. and Duncan. Lagaese amf
of nitrogen -filled glass bubbles set in an epoxy resin. It
Associates• Incorporated. both part of Dearborn Division.
jacketed the two vehicles. helping to make them weight-
Lake Zurich. Illinois. were sold on September 17. Kill am
less in water and resistant to tremendous undersea pros.
and Duncan. Ugnese specialize in hydraulic andenvi•
surer. Alvin and Jason Jr•are owned bythe U.S.Navy and
ronmentalengineering consulting and wastewater•treat-
operated by the %Vbods Hole I Massachusetts) Ocean-
ment plant and systems design. Dearborn makes
graphic Institution.
water•treatmentchemicals.
i y
.
Tin• Id�•nmsnummrafr Alvtn ulnnvnhrou!►eadudtn•di►rmxrtarut»rgwm;v/n�m Emenottc:Cummg r�•�uarnr/rx�m.
�i
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Operating li►tim •
Rise In Oil and Gas Prices Expected,
'
But Not Until Early 1990s
;�•�
p '� _ ..•.,�
While the current agreement by the Organization of
Petroleum Exporting Countries to reduce oil production
is aplus for the oil -price outlook. the cartel's accord is
fragile. according toGrace'sNuntatilReswerrerGratep
economic forecasters. World oil prices. now in the St I. to C
.�
,h
S13•per•baralrange.could eithercollapsetoS7toS10
per barrel without sustained cartel action or return to last
years 327- to S30-per•barrel level if OPEC sharply
rexuictsoil output. as advocated by a minority of its
numbers. A majority in OPEC. however. has repeatedly 1
stated a preference fora S17• to S19•per-barml price level
•s
as a middle ground between those countries wanting to
maximize immediate revenues and those seeking to
assure growing future markets for their massive oil
reserves.
Restaurant Guide Available
With oil prices strongly influenced by politics and the
warbetween Iran and Iraq, the bottom line is price uncer•
i
The latest Grace GaideroDining, listing the Company's
tainty.. Moreover. pricing moderates have the leverage to
930•plus restaurants throughout the U.S.. is now
ensure that prices do not rise above the S 17 to S 19 target
available free to shareholders. The restaurants' formals
rang. and a history of backsliding suggests recurring
include seafood. casual dining. all-American, family
periods of price weakness and repeated OPEC meetings
style and Mexican. To obtain a copy. call toll -free
to shore up prices. These factors point to weak oil prices
1. 0"RACE IR.
--in the SI3 to S20 range— for the next few yeas.
Although the near -term price outlook is gloomy. this
year % price collapse sowed the seeds for ultimate price
Sale of Individual Retail Units Planned
recovery by stimulating oil demand and discouraging
supply. Oil field activity dropped when prices fell and is
Fullow ingthe sale ofHrnmrnsSpitrtinkGwnls.hie. and
not expected to revive quickly. The cutback in drilling
the nestern home centers earlier this year. Grace ispro-
translatesinto decliningodoutput for most oiI-producing
seeding to divest its remaining individual retail units.
countries, including some in OPEC. This means the
These include the Ceurml Rtwhi r home centers. now
world will he looking to a handful of Persian Gulf coun-
underChannel Home Cerrrers management. BertnnnsThe
tries for incremental supply by the early 1990s.
L,adterEiprnsand Sheplers.hw.
The drop in drilling also affects natural gas. Fewer than
In October. Grace sold the four -unit HQ HunreQuar•
half the gas wells needed to sustain capacity are being
rcrr itinrh�u�:��up��ation fog opproximrtely 310 million to
- -drilled; signaling tight supplies by late 1987or19S8-With- -
--
a management investor group: Grace retains a 25%com-
limited capacity for importing gas from Canada and Nlex-
mom equity interest. Also in October, an agreement was
ices. falling domestic production capacity spells higher
reached to sell its 91-store J. H. RobhrsanJsstrlers.. havtr-
natural gas prices. which am expected to increase roughly
invared to Kay leaders. Inc. forapproximatoly SSS mil-
SOG faster than oil prices over the next five years.
liunincash.
on
L
t,
Baker & Taylor Buys Videocassette
Firm; Exhibits at Beijing Book Fair
Oulu r a Tiglar i eff). the world's largest wholesale
book distributor. has acquired the business and assets of
Sword Vidcn Unhinged. Niles. Illinois. a leading distribu-
tor of videocassettes. B&T customers. which comprise
more than 50.000libroies and bookstores. will now have
access to more than 8.000 video lilies. including feature
films.children's materials. insuuctional tapes andsports
programs. Sound Video also distributes compact disks.
records and music audiocassettes.
B&T was one of ::4 publishers and agents to exhibit at
the first Beijing International Book Fair. September $-11.
in the People's Republic of China. The fair drew on aver-
age 10.000 people daily to peruse more than 50.000 titles
from publishers worldwide.
r
rj
l onu�rau• \r•�r•
date and that the settlement avoided having to start the
trial all ever again with jig attendant expcnse. Both the
settlement amount and the costs of defending the toss um
covered by insurance.
Grace had maintained from the outset that it btre no
responsibility foreither the contamination of the wells or
the high incidence of leukemia in Woburn. The settle-
ment.according toGrocesattorney. "explicitly" leaves
the Compuny with "absolutely no responsibility forthe
%ill contamination or for those claims of Iltnewt " In
settling the case. the Company not only avoided the sub.
stantial costs of retrial but also the strain on the Woburn
families and any possible further division in the commu-
ally. The Company regrets that no one yet knows the true
cause orthe high incidence of leukemiu in Woburn. w hict+--'
continues today at a rate well above the national average
long after the wells were shut down in 1979. The cause of
the Woburn leukemia •'cluster." as well as the 100 similar
clusters around the nation. remains unknown,
Grace Redeems 12-5/8% Notes
on September 15. the Company redeemed its I2.5/8%
Notes Due 1990 at a price equal to the principal amount
plus interest earned to the redemption date'. S100 million
in principal amount of notes was outstanding. The notes
Judge Overturns Woburn Verdict;
are being refinanced with short-term borrowings at a
Case Ends in Settlement
lower interest rate. At current interest rates. this redemp-
tion is expected to save Grace about S6 million in annual
In a case in which eight Wobum. Massachusetts, families
pretax interest expense.
claimed that chemicals from a local Cryovac plant had
migrated to two municipal wells. causing Ieukemiu and
fora
Campaign Mn to Air 'Trials' Ad
other illnesses. the judge granted Grace's motion
new trial and vacated the juryx widely publicized verdict
against Grace. In granting the motion. he cited contusion
Following aGrace campaign for greater access at prline-
and inconslatenciexinthe ' jury's-
Jmy
time netwod:TVtocallissuo�tslvstliscrs.CBSreterncd
its policy on issue advertising and agreed to air Grace's
questions" as to how it was reached.
-- — - -- Fallowing the judge's ruling, Grace a nd-the-eight-fami- _.
commercial. "The -DeficitTrials:.1017A.D.: with one
-
lies announced on September22 that a settlement of the
minorscript change. ABC has since said it. too. would
four-year case had been reached. The terms of the settle-
mein %%= not disclosed. but the Company indicated that
likely accept the commercial if resubmitted. In January -
all three networks had refused the spot on the ground
the amount puid approximated the costs it had incurred to
that it was "contrmersial:'
ll
r
L
Common Stock Market Data Dividend Re
in+estmentand
Third Quarter 1986 Common Stock purchase Plan
-- - -- - - - CluWngPnco..............................S16v„ dwn*HAMnwthi�ywwA+.a.�wN�
Price Range ................. High - S33 Low - S334a
i ice Vu tmt I I �3),IW Share, Numberof Participants . ..............12.833
Composite lu ..
r Composite Volume of
Pi rcentofSharcholJcrsuf Retard �...............41. irk
SIarcsOutstanding............ ............7.2F Number of Supplemental Cash Payments ..........7.t1i7
NYSE Data Average Price Per Share .......................S31.65
10.026.500Shares Total Sham% Purchased .......................62.861
- Mick Trade Volume .............6.33:.at20 Shares
- it Block Milume .. ............... ..65.4% Dividends Reinvested.....................S2.022.181
.. Supplemental Cash P.1 menm................1.210.269
_.- Average Duly Thidinb ............. Sham% S PP Y
'� ;; • Value of Average Tutal Investment .......................' .S3.232.d•19
,� ut Daily Trading ....................S7.332.093 �..�.
_M i iiv
Recent Price tCoin i.ite--Oetnber 2i. igti6► ........534 To obtain a Plan prospectus and application form. write the
tr': ~•
WERatlu...................................18.2% Office ol' Shareholder Relations atGrace Plain.
N..
GraceCommon S&PSOO Shareholder Inquiries
- ......_- 1 Stock Price Closing Inquiries may bedirected tothe OfficeufShrrehuiJar
silo) Si60 Relations at Grace Headquarters by calling a special toll -free
numbtr:180111 GRAPE IR. Residentsof Alaska. Hawaii and
100 2+a New York may call 12121819.6669cuth.'ci.
90 220
t0 I ( Common Stock Dividends
Indicated Annual Rate Per Share ...............S2.80
Will
"I Quarterly Dividend: i
jjj Amount P•:r Share .............. .... .70cents
t80 Payment Date . ... .........September 10.1986
;i
i Neat Quarterly Dividend:
60 I I I 160 Amount Per Share ..........70cents
�I
�
Record Date ...............Ntwember6.198A
1 � �'!; `t � t t I Payment Date •tu Dec ber I0.1986
Ill I ((I I Current Yield..............................5.2%
1°° 1
1911
1 IYt12 I10117 INxA 1485 44t6
— -- -,- y— a - - -- - - - -
,. ,. C►.na GrmStakPh6vRanp-NYSE
_J SudWtd& Rwr'%300Closing Pict
a .
•
L
N-f
CITY OF KENAI
%Od eapol 4 4"
Z10FINM MWI,AUMVA M011
TRJU MONI AM • M5
April 15, 1988
MEMORANDUM
TO: Kenai City Council
FROM: Dana aerstlauer, Administrative AssistAt
RE: Lots 3 and 4, Block 2, FBO Subdivision
The City of Kenai has received a request from Bernie Kline
to purchase the land he currently has leased. The sale
price of this property is $60,500.00. As stated in the
attached letter from his attorney, Ken Cusack, Mr. Kline has
an existing loan on this property of $159,000.00. Mr.
Cusack is requesting in his letter that the City take second
position to the existing loan.
Existing loan: $159,000.00
city's loan (85% of
sale price): $ 51,425.00
Value of Land: $ 60,500.00
KMC 22.05.045 (1) reads in part as follows:
"If the sale is to a lessee who has placed a lien for
financing upon the land or improvements, then the City
Manager is not authorized to sell the land except for
total cash payment, provided, however, that the City
Manager may accept a note secured by a deed of trust
subordinate to the existing security interest if the
amount of the note thereby secured is within the
difference between the fair market value of the land
with improvements, and the sum of all prior security
interests."
Mr. Cusack will be present at the meeting to answer any
questions. -you may .._have -and will _givo.an indication. of the
value of improvements on the lots at that time.
/do
L
CUSACK & MOLLOY
A PROFESSIONAL CORPORATION
ROSERT J. MqrpY
ATTORNEYS AT LAW
110 SOUTH WILLOW STREET
SUITE 102
KENAI. ALASKA 99611
TELEPHONE
(907) 283.7373
April 14, 1968
:•�'t1''" r%i
w
�s+ CITY :'•! ti;.;:, .
Dana C,erstlauer "L CITYOr-i 00! �;•
City
of Kenai
210F ida lgo�lf�d�Gi;i:Z�Ls;;'•
Kenai, Alaska 99611
Rea Bernie Kline
Dear Dana:
Regarding Bernie's application to purchase the property
he is currently leasing, the remaining balance on his loan
for his building is approximately $159,000.00. In order for
Bernie's purchase to go through on terms as allowed by the
City, I believe the City's Deed of Trust would have to he
second in position to the existing need of. Trust to the
lender. Rernie would request his purchase application being
placed on the agenda of the April 20, 1988 City Council
meeting in order to inform the Council and answer any
questions.
Very Truly Yours,
FN CtIRACK
L
L ..
-S 1
Suggested By: Administration
CITY OF KENAI
ORDINANCE 1255-88
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING TITLE 11, CHAPTER 10 OF THE KENAI MUNICIPAL CODE TO
PROVIDE FOR PENALTIES FOR BLOCKING OF THE DOCK FACILITIES.
WHEREAS, the City of Kenai Dock launching ramps are public
facilities designed to provide access to waterways for the entire
public; and,
WHEREAS, commercial enterprises and sport enterprises both depend
upon access to the Kenai River through the launching ramps; and,
WHEREAS, owners of larger vessels have and continue to block
access to the launching facilities by leaving vessels on the
launching ramp.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that Kenai Municipal Code be amended by adding section
KMC 11.05.090, entitled "Use of Launch Ramp" as follows:
11.05.090 Use _of Launch Ramn: (a) The City of Kenai
launching facility shall be open to the public upon reasonable
terms and conditions as provided by regulation.
(b) It shall be unlawful to block access to either of
the launch ramp facilities. "Blocking access" means leaving a
boat, trailer, or vehicle upon the launch ramp in such a position
as to prevent the launching or retrieval of boats.
(a) Persons blocking access to the ramp facilities shall be
subject to a civil penalty as provided in KMC 13.05.010(b).
(d) Each one -hour period for which the ramp is blocked
shall be considered a separate offense for purposes of civil
penalties.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth
day of May, 1988.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet R 96toala, City Clerk
Vk
t�irst Reading: April g0,-19 8
- Second Reading: May 4, 1988
- - - - - - --- - -- - -- - - - -- --- -. -Effective Date; June 4, 1988-- - - -
- - - -- -
(4/15/88)
. �rc
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s.
suggested by: Administration
City of Kenai
ORDINII= NO. 1256-88
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $93,000, IN THE FEDERAL
REVENUE. SHARING FUND.
WHEREAS, determination has been made by the Public Works Department
concerning the desirability of and the need for a new Caterpillar 120G
Motor Grader with accessories for the city, and
WHEREAS, adequate funds are available in the Federal Revenue Sharing
Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as
follows:
Federal Revenue Sharina Fund
Increase Estimated Revenues:
Appropriation of Fund Balance $93,000
Increase Appropriations:
Transfers to General Fund $93,000
General Fund
Increase Estimated Revenues:
Transfers from Federal Revenue Sharing Fund $93,000
increase Appropriations:
Streets - Machinery & Equipment $93,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of
May, 1988.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Wwlan', City Clerk
First Reading: April 20, 1988
-Second. Reading: _ May 4, .1988- -.
Effective Date: May 4, 1988
Approved by Finance: '
(4/15/88)
J
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r
CITY OF KENAI�,
Od Oapdd of 4"
E10 F=LW Mm' mmm NMI
_.. _ TELEMN120-Ml
L19!1NA* fti11'1tiM
TO: WM. J. BRIGHTON, CITY MANAGER
FROM: KEITH KORNELIS, PUBLIC WORKS DIRECTOR
DATE: APRIL 15, 1988
SUBJECT: CATERPILLAR 120G MOTOR GRADER
I received a telephone call yesterday from Dick Rusk of NC
Machinery Company, who is the dealer for Caterpillar Equipment
for Alaska. Mr. Rusk explained to me that they were the low
bidder on a recent State of Alaska, DOTlPF, bid for five new
Caterpillar 120G Motor Graders. He explained to me that the
normal list selling price, F.O.B. Seattle, was $136,377. Because
they are selling to the State of Alaska, the factory has allowed
them to sell at a special government discount savings of $63,621.
This brings the selling price for this new grader down to
$72.756, F.O.B. Seattle, WA.
As you know, when the State of Alaska bids on equipment, they
have a stipulation in their bid that allows municipalities in the
State of Alaska to purchase the same equipment at the same bid
price. The City of Kenai Code also allows the City to purchase
equipment at the State bid price. Mr. Rusk explained that a few
years back, the State of Alaska purchased thirty motor graders
and fifteen municipalities took advantage of the low State bid by
purchasing them at the same low price.
During our recent budget preparation, the Street Foreman and I
discussed the possibility of eliminating the contract snow
removal on the east end of town by leasing an additional grader
and using someone from our Water and Sewer, Sewer Treatment
Plant, or Shop crews to help in snow removal -during the very
heavy snow removal periods that occur sporadically through the
winter. The purchase of this grader at this fantastic price
would make it -possible to attempt this money saving idea without
leasing any equipment. There are also many times throughout the
year that we could use another grader.
-1-
L
7
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Because of the low factory price, all the graders have to be the
same which would be the attached specifications. However, Public
Works would request the following ddditional items:
1. ' A 2' extension for the 12' moldboard that the bid specs
call for, which amounts to approximately $500.
2. A snow wing with the hydraulic valves that are
necessary to operate it for approximately $12,000-
$15,000.
3. Freight from Seattle to Kenai which is approximately
$5,000.
Please find attached a copy of the information that was taxed
(via Walters and Olsons' FAX machine) to us yesterday outlining
NC Machinery's specifications and proposal.
KK/kh
-2-
DEPT\STREETS\GRADER.i$EM
APR 14 '88 14:29 NC MACHINERVANCHORAGE BRANCH
P.2
4450 Aratle 5outwud (o1515r16>Z)
F�l P.O, Max IW44. Ar4honpsr Atwkx MIOO148
t .
MACHINERY CO.
April 14. 1988
---- -.... City of Kenai
Lai Ito pidalgo
Senai. Alaska 99611
Attu: Mr, Ksitb Cornelius
- - -- -- Dirsotor of Public Vorks
Dear Mr. Cornelius:
Invi14
This letter will confirm our Phone
rward•dstbeobidfforrbinewj
. - toes. N C Machinery Co. has been
Caterpillar 1I00 Motor Graders through the state of Alaska
D.O.T.
in the paste we have offered all governmental agsnoiss hers
-" - in Alaska the benefit of this award.
i an enclosing the speo sheet and a billed list to pass
_.._... - . along to your city.
The savings that can 6e passed &long are quite large,
please take the time to review this and it you have any
questions# please 0611.
Very truly yours,
N C Maohisry Co.
BOA* Representative
t.,..
�"1 MSUMV60N1r P.O. �tlt, �M�UAr Wg118610n iH9s
+ i1tA ONeNr Mwnt W. go 3U& 6 , Y�wie., WM�tch.. ON OnW. yy.MM.n • A1161NIrINr M.UYMA.. JYMw.nO NItOtNAMr Atuw
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OATH APRIL 14 s 1996
A N C MACHINERY COO 88-078-164
P.O. BOX 190149 QUOTATIONNO,:
ANCRORAORp ALA8KA 92519-0148
SNSlT NO.: 1 Op �
CITY OF KBNAI TERM
210 FZDAL80
KBNAIs ALABRA 99611
ATTN: MR. KRITH CORMELIUB F.O.4.:
IMp011TANT: Whoa wdorin .:ou to" a abaw
DIRECTOR OF PUBLIC WORKS QUOTATION NUMBIN. 04 n from
BAx: 264-3426 w*WmayeMestpts, rh-
r• r 6- �'; r �� fir, �� r i.. rr s iirr�► ►�ay��� �. LL • r�r. �+r+�raa•r r Nor .:: •ra! ' 1 �!!
.r.-� ♦,t.+ a h•rs t•r •r*i"nTo -Y�•• • ►a v• ..!Ja a •. •. !•
ONE 8w1961 NEW OATERPILLAR NODBL 1200 MOTOR ORAD89. Includt
diesel engine with 24 volt electrical sYmtsOr 60
ampere alternators maintenance -tree batteries,
heavy-duty starting motor, dry -type air cleaner
with service indicator and automatic dust eseotol
blower lax, muffler, socelerstor-deceleratort
ppowerahitt transmission# articulated frame,
hydraulic controls, tandem drive, 6" x 5/6" DR2
steel cutting edges, hand throttle, sound -
suppressed low profile Ropes cab, inside rearvisw
mirror# windshield washer and wipers, seotbelt#
service meter► horn, back-up alarlas adjustable
control console, RHO operator warning systems coolant temperature gauge, ether starts PrGsOres
or, caplookes articulation indicators four-wheel
oil disc brakes parking brake, rear drawbars
stop and tail lights tilt adjustable steering
wheels tool box.
OW2430 12 Boot glade w/hydraulic gideshift w/Tip Contra
BW2423 Blade Float '
OD6780 Cutting Edges
6W2608 Defroster Pan Front
605060 Defroster Fall Rear
ON2021 Differential Look/Unlock
609040 Engine compartment Doors
evlges Heater (Cab)
OW2395 Hydraulic system
sW6610 Worklighta# Center and Rear
OW6860 Cab Directional# Headlights, Floodlights
606e66 Rotating Dssoon
BW2437 Steering System 8upplemextsl
}
•APR 14 188 14130 NC MACHINERWANCHORAGE BRANCH
QUOTATION
C'
-1. vMebowcueadildeseenwbfeottoehonp*Mouteodeo,endtho - - -- -- — - N C MACHINERY CO.
pllss In afleot at the time of dolivary will •ppty.
L The above Quoted Pills do not Include state and local taxes, It ap• Dick Rusk {�
plleable. sr
1. All orders to purchase at Isue based en this Ouctstlen $hall be subject
to eeesptMse by NO Msehlnery Co. and all ales or lesses shall be made on
and subls' I to N O Maehlnsry Cope Standard Terms. Conditions and ealae Aoent
Warranties on N O Ma$hlnery CO's aommarolal forms.
L
:'
APR 14 188 14131 NC MACHINERVANCHORAGE BRANCH
-r
P.4
1�
QUOTATION
N C MACHINERY COO
P.o. sox 190146
ANC80RA4ga ALASKA 99619-0146
CITY OF KENAI
To. 210 FIDALOO
KENAIt ALASKA 99611
ATTN1 DIRECTORHOFPUBLIC WORKS
FAxt 263-3926
DATA APRIL. 14 t 1986
S6-079-164
fluoTATION NW
1
eNlR NO.t or 8 ,
TIRMs:
F.0.8-:
IMPORTANT, When wdNle , 01e80 robr 0 Mow
QUOTATION NUM�1R. Devlstlan from speelflWAIM
Nuowd may Nhat pries.
SW2677 Rear Window Wiper
91016096 13.00 x 24 - 12 ply Tires
NPN Spare Tire A Wheel as Above
691MA Rain front Mount Dozer w/Tow Hook
NPN JAIStareene to -60 DeSress
NPN Engine Hastert Claant Service and prep
SPEOt L 00 911MBNTAL DxSCOUNT BATTLE, WA
NET SELLINO PRICE F.0.9. SEATTLIt WA
NOTE1 N C must set approval from Oaterpillar to
the City. Order must be placed in the next to
3 weeks. Delivery is approximately in Sep,
mber
time rordered price will increasetoi$30706,00thin the �.
weeks,next 2-3
Si337
9.Lt,QQL,
,
{ 729756.00
The above Quoted Prlcas are subtext to ahono• without notloe. and the N C MACHINERY CO-
�prloalnNNatatthsdmiof s wrvw aPPY�
--- ------------------- -
Z, The above Ousted Priem do net Include ats" end 100e1 ON", If sp- By
Dick Rusk
_ pllsabte.
ot
S. All elder@ to purohno at Jesse based on this Quotation atoll be mods
On
to acceptance by N 0 MUMMY CO- and all nln or Wages shall be mods en esNs Aoant
werrowa anNameohhlnirvCe'scommerrcialforeiirma, Ca+dltlons and
r
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APR 14 'ee 14131 NC MACHINERY/ANCHORAGE BRANCH
r
P.S
GAT a Fi P I L LAW., Ilo`iaLei
.w..„.,
-1,K Le
4 to, wt,
Caterpillar Engine j
PIywheel power d) 8200 BPNt , . .1 sd HPr98 W 84.volt direct elaatric starting system with Wamp altmaator and j
IlWMatta geW1 is the International System of volts equivalent of optional saw starting aid.
10111powar t
Thonetpoweratthe jlywhMofthe uthteleenytnsoperatingUnder transmission
U11 standard ambient esmtrature and baromotrie eondtttons, Comma"t drive Wmaldfe.64g1e liver at opsrate's
77• FAD• C and 2901.8NiS0 We. usln/ 8d API gravity ftut all
at 604 PAO-86 C. and after doduttions for ab compressor, blower e�l�bt g capabntrols Its terwaos qu rtc r MO aps in . Foat pmW
fan. sir eleanea muffler, rooter pump, lubricatingall pump, fuel provides lnetiing s &ddlnt for elect quaar ataewvarittg. 7 eansmie� I
Pump andaltenraton Moderating g is required up to ,d00 WW m don loch gins is s started
with
nt. Maohitae won't move
aidtud� svaa !t origins Is staeted with shalt ar !n Par-
Cstee Wu 4-strok«eyole 8804 turbocharged diesel Enp(ne with tour deeds fat rated ROM),
cylinders. 4.7511181 mm bore, 0.0.1152 mm stroke, and 425 cu. in./ Forward
lard 8 18t ;end 8rd 41h fah Dth f
7Uteri. dlsplw_="e. _ _ _ __ - _ - - - i
-MPH.:.. ......-.2.4 -9.D-- D.i. 30,1._ 34.1. 86,4
Aieeet Waedon Caterpillar fuel system with individual, odjustmmt• kmlh ............... 8A 0.2 0.8-
trw injection pumps and aoutes.
Cam -ground and tspered aluminum dloy p(stexl with three-ring - blede controls - — - -
"gm both compression rings ride In iron band cut into piston.
piston undersides are cooled by oil spray. 9tdlits•faoed valves, valve Vdj hydraulic controls provide fast, coaatant control apuu-
touters and valve not insets. Still -booked aluminum alloy Drool. I repudless of on&* spud. Leek Volvo' m each implement �
lion bearings. Htgb Arbon sled alloy crankshaft with hardened fear• It eUminate dcitt. Operator controls all b1"WI opsrationa with
ode. pnssua lalrrieatien with full flow filtered Oil and ad cooler, t)ry tour levers - left blade lift, leek drive, oa+tersbl and tight blade
trin air cleaner with primary and safety elements, automatic dust Hit. Hydraulic systom late opiate use toots enact one control wlthuut
ejector and aerviaa Indicator. decrease in control response speed.
u
1
APR 14 188 14*2 NC MACHINERY/ANCHORAGE BRANCH P.6
— Slll9(1
19000 ` i Masimur s poundd distance .ba' . ..........gt"S total
�ptar Qraddr loon ..... . ............ • .. , . , ls�'wt or tight
F� o .,...
Wired lean .. • • . ' . .
OIr01e Agar — fulldloadng. J"w beat Us sd rteel.
rabsteaied bo peactton.00,94- 04 sure diameter. U00110, tandems
flowcut teeth. Hydraulically driven woM end gw Pro, Mal
, iS.10• s g.7S"1� a lire ma+
• dtele ratatioa. OptioW okele drive sup clash.Herbst width .. ....... • • . .61 vilo mm
v1dM lull tg0 6.b0" a 1.g6 dewaA cbiekaeu .. . . .1.7501440M
lllade beam — wkitb x thleltssess . • .. "q�0"M 1°w aln itch , 11691 mm
a1MHiri dale /padng ... . .... . .. . ... • .. W
steering
blade r41106 i hydtaWtc.twseyllsdsretserUrgq►ataftr
i t'JroN eenunhllt. eteitt • . , . , ... • ......19.7'/so sus Prom whaNs' trr0 t0" left m right
...... • • .... • ...... .... . ..119.e'1610 rarer 8aeeine rests p ac90' left of right
. hydraoitodly actuated "am" • ' • , ..... • .. g9 l6.7 m
ttNdbsare aldsshlA. • ib"1160 Arm Miai+suns wrs>tag sadlue loutltde front tires) � •
Right Now eUsint hot TOW swifts, hen» �pylstion and ad" df om,
petloftd hydn+ilk,1W!►i:.. • , .::..:.: � :..:...:>r0.e"K10 am . .
i�sft ...... . ....... . ... . , , ..90.5•18t0 sego tial nalock.
lAwalmilln /hauidM hash entslde of tW1 d1116t{ram wheelie Zletreiaas Brea.
Msnnal afdwbltt. night .......... . • ... • ' ....414219 xa laarohaa{eabie dm swd wheel pn MW-
Lett ' . ' e111nom des 18.00 — ts, S PR 40•21 usclion'hrme•
Urdpwa. flight...... ; . • ; ::::.a1i:e"nr�oares
f�sc 00%
Mmdabow boob si0is . , ...:: ie.14"tilo me 1 brokes
d ' 17.71"1s60mta
ummum depth of got .... • • .... ... 40• forwards S• narward (System meets 09KA ngalasioned
gydrarrltcblade tip • ...... • . • .... _
_ below SO PO .1 bell
`pt mi !a a0 poe►tto�n.' add 111019,40 � �ht or llale.antenath wind adlwt �l�. a1t awnbratca are aom
tome I crampoon. 41dirAaNattbsrehrosdtof thebreke edtotheopKa•
for by vbnal Iced litho sad audible Own)
Parking — Multiple oil dlea located Is t umpld. sign law. red levu on eh
aetuesaeG spring•aagaged, sae dWnnaa o m
eenssmtssion control! a the piik�la``aebdrob band antatow i itee9the u� 1we
moldboard io nu+fsdon to
s machine movement U srsgtae is started
coca awttal look to prevea
Waar raslstanc. hlah•aubon etsel. l9, x Qs" x.7b"1 with trsnsraislion psgaged.
Leaph•x height r tbielanss • .... • ... • emst�enoy a Moon to one
g669 x 610 r 19 near — uai titre d air gram 1 tioi Amy ��I0
hadensd curved aHdl stod and so each tessdera tar added brakwit p:
Cunt sops Catupilia elsrwgh• circuit Itill leaves the machine with st leans half its oeiglt►sd braitit+g
.6!"11S mat dlarsseta bolts, g. x .SZ"1161 Y leas capacity for smuppoy steps. �uaNd� aea
Width a thickness ............ ..... lift the evarst of total loss of service brakes, the spriftg•
modulated parkinglerrar�enol' brake aan be appllsd to bring thr
rmeeod�a1 j�or hp� jndippNcasioi.� Utttrrstptsd• (Method not
drawbar ROPS
Soltd•oeation. 6.0" r 6.6" Ada 69 som A•ttaM§ with four (Low profile ROPG cab is standard in U.S.A.)
widely Ipand shay to wppet't the circle. All h�a ,spa t Caprplllar for t7hlo
sad een did@ adivatmlus. ln�Rknabta,hm�atr,�d U ellmhteu apH J 010n and 180 a4 1.
between circle sad drawbar. and support dre mesb�a m eet Rope crlwrl �► 5��
ekoU she gnus fisdngs end ertea0 wear Ute. �ssyy # 90 mast FOPS It'sl1lag Object Pro�o�tmd weinttaitnnsi
BAE 12310041190 asst. Who properly
C cab with docn and windows dcld tat ads tlsMai s
Monts for *water mod snows AN81 $ to Ji 1SS than o
(fame sure when tested oaaordiftg
- Prontfnms-- flurried. singlrbox-/ecWon eenscecee runs ;hydfAY1108 - _-- -..
from front bolster to the ereleutasien Joint,
li
I N ; Closed censor. corratat►t pwswta mMi j aW�1j bm
Top ad bottom plsaa —
- —-,---wldeltxthtdtnaa_._�._._.._••
l i" x .7901260 it 20 mm
•_•- _•' = -- ------ ---
misim- ua+
side height s shlokrre,e
8.76 x 0.39°IZZ4 a to mm
,ll
66.6 lb.f tit'r kgrra
Mhtfsoyrnwsighe ....... , .
Miutmum vett(aai
gctlan modulus .... • ... • ...
88.1 Inches cobadl1446 cm cubed
Rear Items — two box.seetioned charu'els integral with fla" drive
am
L
w tr�eutst diaSgs yns"v"video imtosdlaee �splemp't rssyow.. — - —
lic look valvas 1n aA implennnt otreutts prevent nndurreble
r drift.
® 4100 eapl+te RPM and 11.o to 10311t"'wa
p/U17Z bee► 7 287 kPs • e di fts ostem f441 maeata.
is
is
t
•APR -14 'sole 14:33 NC 19ACHINERY/ANCHORAGE BRANCHThe 0penit0rts machine -- $rut! e1tra�wrf f Psrti
, 9gyp VAWX ANALYSIS visibility oriel convenience unmatched in oonvE 1 _-
$norm and Poll nln ol exalleat rA ve�
�Ms yyrsduw�, t�iduaa the ,
• ME
ehUt dtr�ewltlw traasmtnloo for ataeetb. o•n t• Nlu•tMo twM
a t C'` s b1•°` t"aa'd0a �assi•afl� 4
� w SOlir �u a or $cosh age �'
r'
jf V jI diaDiasawaseptll" Pump provide constaat blade •4, ; : ,.,' I .. _ _ ..-
�oae� eiilUNl �p� Pam' i
• eb1t vwat oa eIT td l *VA%e prevent impiomot drift. f !
Opareter �t�a!oa��endewelniwbMlwlthehastluow►. 1 . '•' I. � '
$cote �p oleo e1 opauWa,
p b to bltd�, q a1lCrielealNactloag •',
�yttri�ted<solaw�
potae cold bratteq. ►. '� p" Cor►taurad desp►y padded end ad•
end GIroN ,� reelsiati �,� end a et11e1Mo1► Ww Pew • , A.�tte 4"IP for blph atranlo _ p �t. lim, t N.Bladeiwth oru�
tins famHlol f„ateep
useable contra coasob orientation.
• fend circle wool "dew cad agate
�t on nrthh were
gent moldboad� Waotueteo tdb for
Aa edi
n►ovueutoftMwl icneeey�•
try �d exit, It poUe buoti to the
for of showwwwas
!or low operator l is a • �
mtteloaContrro in
level ttofsohe
i ne atenuN
•
��es Zoo" ad auppyoet it►ae.
rt.=Vawbanr raplgeaaaos�
operator awY
Liot► boy$ t�irssoane had �
l bitte••
" so bs cola IUP
of aka the
cola o!
R e hr bods+t
{� �o�p.
•� iom eta t►
gran moveaipnt. Balliel R' hrrt
tilt edlaetabla too, so the go �
ater gaol pick tM most oowar
do" � � Wee
two An �� � prat lea him I
to cobs a obatruatiana•
i
• er4tay a� �otr�it o�r
overall position. The lest is
uN rip
Metatengnoo
. Boatel. adlvetataat►tree, alr•aceuatd. ioyrwbssl olbcooltd dfw
able
�
• brakNubrieat400 serval• with rtcuad aaanlbb Bttlage-
to N� oe a m for indatAMnce ISO
. raCA�ea
ttplt►anyoll ano leafit ! toss for obaaol nplaeameat.10
Maneuverability —
easiert faster, shorter turns. You can do Moro work.
l �
11
Thrsa guerng techatquag . , . for
belt match to lob, an Important I
advantage to productivity ovtli
Coavendoaai motor 1Rsdar design.
• straight frame. with main ,
frame aate»d and only front
wheels used for etarins, to ✓�
best for loan ps s bltdinp• ;
• Articulated turn you the tull
00• {ramtl utieulwoo. 50• to M
front wheel swerins angle gad
uaWall tandem drive trda � �l/' Sao• I D�,' /
diffareatial toptiocsli for short
FAS0004"OIn do's lWtrartrs, I { 1 �l
ouidw f a all, p
to us Abuty to Carry
ffmd at the ad
of a pa
a tastl bads load around a I
Curve.
• Crib atsetinp henps compan•
gets for side dilly wha► tyettitts I h t
a winarow, keeps tandems on
firm footing whoa d oado a U .
wet ditch, tncreeees stab ty
for aids elopg worit, and side
- -- - - - - thnun what uatng a snow _w_ia8• _ . _ --- -
- - ---- - - --- --- -- - - - - -
Freme la Ntlly articulated. with i
bent wbela wowed paraUat to � � � 1
tondm•. � aRT►Cu�Yd�
gTpPtON'
•APR 14 'M 14184 NC MACHINERVANCHORAGE BRANCH
P.8
Y Canopy,
service refill caplolthi• rLOuu
Clutch, i
U,a, 0alions Litere Cuweitt'ng
. . .... . .. . ........ . ..... 0 321 1�'
_. Craniteaae • ,
Radiator 10
Tnaendosim end bd drift ............... 12 alp 1411
Tshdsm baeNn` Ieatbl Most
-- Hydrwlk eyMaM. , .. ..... • . 1e 6 Drive a
Operating weight lapprosim@tee Zpjini
�IaM eparatlreg hl includes lubricants, eaolsat, full fuel Neater,
tank. ator.11' rem bled* with Manuel eldMhife, Hydrat
- an i1,00 —1t411 PRI motion type Nne end low profile ROPE sob as!
d
Lb Kp �stdt, h
-- — — Weyhta troe►t wMe1r e,61e ; .. 1,fshW
We* on rew wheals . • , ... • . .. , , .... ' . • ... 1 41111 Ise
Taal weight . • ... . ........:. .. !l6,8vo 118Z0 Cob-:
attuipW as above and tnolaftoptional V4M Raw
t
61
asld 11 h no11'1M lane bwe with hydrwilo Men
Weight on Alltip.
whMle w erMa
0,640 4010 irm
Ml
Wayht an rear wheal....... • ........... ... . . 19,000 1961 M
-= -- Total weight • ........ • • . 28,640 12091 Preen
VfM
Add Milts of $01 dotal ""zoeat from Attaebmsnt Selection list pnell
to obtain total 0491pped opanllnl weight. Kama
attachment selection Seat,
era
tenth sppndmate installed welphts► S Eta
- .:.
,.... s Lb Ke Ha
Ab *ondl"o-wittessurbsri providn 900bl; 320 145 L0e
hefting, and p"IMMIetdoa ... • . 18 ie Tacht
_ Air dryer . p......... , . . • ... .. . • it 6 Tina,
Alternator. I store ........ • ...... , ... 1 1 18.1
20
Areleulaeton poet 18.1
sechup alarm utanderd in L' S ! 8 14•I
el
AlaBlabeutenem. 2,1810 tam. right or loft .. • .. ' . ' , goo 14.1
wlthoett hydraulic tip,12,18868 sets . • . ' ... • .. ' • 716 819 16.E
: = a lull* stdeabift with t►p control: 1187 601 Yea
1� 11/61 tale . ...... , .. , .. .. • ..... • • • . gee 441 tan
14'/4107 Mts • • . ......1.566 708 and
Cab. tali height AOP6, sound suppmssd ... ' , • ... 100 88
83ads. float. ......
• . 31 16 Vtt
'�� dtniinatoni. mow: - • . , .. .
t.
Lb , KS
ROPe, Includes reel wall with window _600 —117
roofile ........... ... • ................. —660 -3V
lfpligk50
for circle drive .... ... ' ' . ..... 85 18
wer�eiVe ovallsy and12011 xbite m
M 119
1e68 rift with overlay end bite . Ida 45
1117 nets with overlay end bits Iva �6
-hell M**MMjd w4ock unioick ....... .. • • • • 60 17
17
s. reverslbls avirl0v ....... ' . Igo as
ooaspartmentor do • , • • • ' ' - • '
cab, bet watert includes pnssuripr - - • • .:... 20 12
lie onn�emetta with one or moss sddatiew hydraulic valves
rellabie for bydtsullo bled@ sideehift and tips V•tyoe MINA
er atuehmants trot► other supplier, such u ulow plows and
wings and bulidoaw. 01 10
isms. fiwoles . , . , .... , • . 11
t mounted beafthts 121 • .. • . • .. • ..... • • . .
nountsd bli ilghts t91 • .. • .. , .. , • 6
u•Mounted Aoodilli`le 191 ................. 8 1
-mamted ltoedlyht 1 .. • . • .... !6 7
wonal signals wiith flasher awlwb ......... • • e 4
ring beets lambed tit roil left . .... ... t8 8
s for ab. outside, g - - ' • • .... • ' i0 11
r, low sound , , ........ ....... r ......... 6 2
cleia'ab • ................ . 81 11
10.12M mm, for use with 14.00 — 24 tint . , • • 260 111
at. front, V•evpa, will Nstb . 0,047 120
ehoek abeotb� Sol 137
tire and whnl 8.00 918 PA • '
ng aides a lie
tamperaeu�e .. , , oo 49
1t 10
,qap sl dive naptaele . . , . .. . • . .
lot* six.
10 — 24,10 PR .......... . .... • 292 101
10 24.12 PR
10 — 74. to PR .. ... Igo 64
9a0 109
10 — 24.12 PR
1— 26. 8 pit lint:ludialt wb/e1s1.. . .:: . .....: $69 �
Is
disco pprotsceiont lamer eggs for bytinulle
k. redieton erenkcass, awsmission tiller spout
I tray emission dipstick and snpllse plug@ 17 8
tel erd .. ... , 8 4
Is old wiper, rear • • . . . . . . .. • .. .
31Mitihl�I
I,,,,,....rr.: �
itI
- --_-
-- --..�-------
i
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a
a
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APR 14 'ee 14:95 NC MACHINERY/ANCHORAGE BRANCH
i'ort .. . Full hydraulic blade controls —
tional dssions. effortless, fast, precise action.
w�en��te
.1-7
a ,
rtsnelary saw
`
1
cest" Manor
Work are I vleiblllty is excellent
Otnet drive pa"? shift trans-
hecsyss of eamrd location and
MIN/ID" Wes glel PWlpeftealy
time design. An operator can
formotorgraders.lthunotcrque
'pork with increased confidence.
converter to caves lop or surge/.
-'boo totted. he can see both
just smooth no -clutch ap$-lever
Ode of the blade and the ground
&hitting with direct drive tog.
.ad much better than an can.
Compact planotary par sets pro.
netond msehJnes. The 8srles G
vida sh redaction In mlalmum
elaberate toasingle ==barall
space. Large diameter clutch
Awsto the trout exie. no too
Zomt has none of the vend
assemblies have high holding
aapwity. pistol are continuously
Slade U*op obsameting the foe•
lubricated and cooled by on.
wad view.
Quiet operation —
a noticeable difference, by design.
Ise
pool
twralar
into am !.
: atnoueau T = s � •?� �y
one
'.• seuna.wssraaa,e
4t w► • vx�..+!.. r mops on
power
"IN ahannitu ono
t►snsnrta,Ien etaeslWV tonal enwt
�. Guist paws? frrin has sagine Low profile RODS cob (staederd
_ Aywhml facing rearward to t in 1f.e.1 Is resdione mounted, ton
- - --tta+emtulon sotrA sad vibration - melddd ribber pods -with rubber
away from the operstor'e Sea• mouatloget and is sound -sup.
patmsnc. Holicsl dadga Was* >ornasd, with absorption rtutariat
grainocuts sound. 'ilia to is in root and rea. Cob front and
t ameter, slower turning, delve as dared to further reduce
t Fool tank placed between dw(on ofttots of tauad Wavle. The op-
aldcob one helpskesp to round tiond ROPEcanopies haw Bran
may from the aparaw. Tho op• wall and window to out down
long muff hill oxva aapadty. operator sound exposure.
a
4
t't
1
(
P.9 ,
Hydraulic blade eentr,l Ievors Look dl,l"$ to awry tmplaneta
engage smoothly ad osits rlsely. hydraulic droult da taato a ma
llal
ways predicable nprdlese o Rader hydrsuUc $Y t em found In oeda
engirt RPM. or with two or more asep and drift. Theo valves pro,
lovers engaged at ones. Variable vide the Series d oss4ar wlch
di t piston pump Soles positive hold to eachblade Sat•
uUc system aside old auto Wig, msential for $rum finish
madegyndldutshydraulicflow. gradUng.
Closely spaced swat and Short
travel sapgameat reduce apsra•
tot effort.
Protection ... for
man and machine.
Pour wheel elf disc brAW are
bathed in oil and settled to the en-
vironment. Thsy find none of the
tailwe fit one a
thomscidne half
Ing capacity. C
caul or csaopll
directional sling
tive items See a
-title near need$.
tW leaves
linal
d HO 8
rk lights.
or protaa•
b far opv
Top production with j
machine protection.
Antoulauon Indicator
..•toy,:.. �
i
i
f{Is,tronle monitoring system
(1111111) status of Important
Machinis Iyeteme with three Mvala
oI warning.
Atsareneeet LED '
Upton hmtmnwnt pelves M.
catea s potential but not yet
crittaol problems.
!t Qp�rstar Mspona--...--
Mesta wstvlhlit Ugbt to filet of
operator Ittdiat" continued
operation could -gaup oven•-r - - - — — --- —
tuai component GUurs,
tit Iliin4 F ahhl f light mad
horn warn that continued
operation will ague Imme.
dlaa failure of a tmppoonent.
A circuit ant eadah verities eyes•
tom reliability.
r--
C.O: sent to oil Page 1 of 4
C.O. approved by on (
r00 's8g CHANGE ORDER NO:�
/1IMM
Proiecvt KENAI FLOAT PLANE FACILITY Initiation Date April 15. 1988
Contractor DOYLE CONSTRUCTION CO. City of Kenai
You are hereby requested to comply with the following changes from the
contract plans and specifications:
Item
No.
Description of changes - quantities, units,
unit prices, change in completion schedule, etc.
Increase or
(Decrease)
1.
Contractor will be allowed, at his convenience, to de-
velop and utilize an additional Waste Area to be desig-
nated Waste Area No. 4. as shown on the attached draw-
ings for Change Order No: 19 sheets 1 and 2. The Con-
tractors use of Waste Area No. 4 shall be subject to
Section 90.08 of the Supplementary Conditions to the
Design Technical Provisions and to other terms and con-
ditions of the Contract.
N/C
2.
The Contractor shall construct a Maintenance Road as
shown on the attached drawings for Change Order No. 1,
sheets 1-and 2, between Station 22+00 along the Water
Taxiway and Station 65+00 along the Water Runway.
N/C
In -consideration of the mutual benefit that will accruiE
to the Contractor and to the City for items 1 and 2 re-
spectively, no increase or decrease in unit prices for
Bid Items, or quantities of bid items, except quan-
tities of seeding which may increase, or increase of
Contract Time will result from this Change Order.
Net change in contract price due to this C.O.
N/C
CHANGE IN CONTRACT TIME
Original Time October 1, 1988 Compl
Previous C.O.s N/C
This Change Order N/C
Revised Contract Time Oct. }. 1988
CHANGE IN CONTRACT AMOUNT -
Original Contract Amount $.841,275.01
Previous Change Orders N/C
This Change Order N/C
Revised Contract Amount 6847-275.01
(Attached) (Above) is full )ustificatian of each item on this C.O. including its effect on operation'and maintenanco costs.
t
This C.O. Is not vglid until sipnod by both the owner and I11gineer. Kenai City Council has to approve all C.O.S.
Contractor's signature Indicates his agreement herewith* including any adjustment In the Contract sins or Contract time.
Lay- -By- - -By-- Engineer Contractor Owner
Date Datc Date
i
Renal Float plane facility
Change Order No.1 Page 2 of 4
April 15,1988
EXPLANATION
Item No.l The Contractor requested that he be allowed to place
unsuitable unusable excavation in Waste Area No.4 in order to
reduce the haul distance for disposing of waste material. This
will significantly reduce the Contractors cost for unusable .
excavation.
Item No.2 As a result of the placement of fill in Waste Area -
No.40 the existing maintenance access road will be obliterated.
Since the City desires to have a Maintenance Road along the dater
Taxiway and Water Runway, from the Launch Ramp to the ILS pad,
the Contractor has offered to construct the new Maintenance Road
at his expense utilizing in situ materials. Construction will
consist of grading the road and compacting sufficiently to allow
.passage by vehicular traffic.
- R 3JE'CT PROJECT NO.
A
4A
Wm.A &A cicifel
Nekon ss aeo6,G No.
WNSMTMENOYEMS J=JRAI O'CNVL
31113--ATO EX
p.C.BCXIgM KENAkAKOBBil EW2B3-35M 4 _41NEE
e SHEET OF
.4,qe.,4 -IS, PivB
Q
Vt
IN
hp
Af
1 10
X
Ns
ep to
%
-4
�
h
- -- -
& �lssoc�ates
PROJECT -- -- -
Nam/ FLOAT ?1N6 f/C/G/Ty
PROJECT NO.
Nels0n
cf/�i�/6E gqAoAe Na /
e7oeo
CCNS,A.TNWENGNEERBLREV
PO.E�X1a9 KENAIAK9p1TCOp7QA
TV
0ATE
el�L /S /9 e
F _X. 6 A%
SHEET Z OF
,��g202f22��
J.
IN THE SUPERIOR COURT FOR THE STATE OF ALAS 6` n ofKE``,�'
"
THIRD JUDICIAL DISTRICT AT KENAI
11zSTA LEIGH. ;
._-- _ --
) FILED in the Trial Courts
Plaintiff,
State of Alaska Third District,
-
v. 1 at
) 1 3
CITY OF KSNAI, a Municipal ) .APR MR;
Corporation, KENAI POLICE )
DEPARTMENT and RICHARD ROSS, ) Clerk �` fN... '!'�i ° ) Courts -
- - - - -
- ..
) By -- -- - .. _ .. _.. Deputy
Defendant. 1
Case No. 3KN-88-245 CI.
NOTICE OF CHANGE or ME
?"
COMES NOW, the City of Kenai, by and through its attorney,
-
Timothy J. Rogers, and notices the Court, pursuant to Civil Rule
42(e), that it respectfully requests the assigned judge herein,
_.
Judge Charles K. Cranston, be changed to another judge.
DATED: This day of April, 1988.
T y D 4115188
CITY OF KENAI
It rn u 1, Cler
..
r .. - ..... •.,r f hlf eertirIto is ':n g J Rogers Ap 0b41
day or I9� Attorney R
' CIe� h1;r�
O R R Of !fie l
•''
_ hi case is reassi a Ju
T
,. .:: .....
'.,.ter..,
n�.uar,l.aooK.
. .. .h .Y
_ Q
C"YOPK8NA1
�: : '•
1 - NOTICE OF' C • GE : C Cranston ate
CA
of 0�1
i
1
r-
e�nr_r
GTrORKENM
tl0fbtloo
ItweM,AbW�NII
$owl
L
r
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
VESTA LEIGH, )
)
Plaintiff, )
V. )
CITY OF KENAI, a Municipal )
Corporation, KENAI POLICE )
DEPARTMENT and RICHARD ROSS, )
Defendant. )
)
Case No. 3KN-88-245 CI.
MEMORANDUM 11 SUPPORT OF RULE 12(b)(5) AND (I)- N T.; IliS
js MOTION TO DISMISS CITY�A8 PARTY DEIENDANT OR ALTERWIVRLY
QUASH SERUGE 08 PROCESS.
FACTS
On April 5, 1988, the U.S. Postal Service delivered the
summons and complaint herein to John Williams, the Mayor of the
City of Kenai, at the Kenai, Alaska United States postal
facility. The summons and comple4nt were sent restricted
delivery.
A.L CIVIL RULES 12(b)(5)AMR 4(4) (9)
The general rule, according to 3 Wright d Miller, Federal
Practice & Procedure, 91353 at 578, is that a Rule 12(b)(5)
motion is the proper vehicle for challenging the.mode of delivery
1 - MEMORANDUM IN SUPPORT OF RULE 12(b)(5) AND (6) MOTIONS
J
L
r-
or lack of delivery of a summons and complaint. A Rule 12(b)(5)
motion may take the form of a motion to dismiss or motion to
quash service of process.
It should be noted that as is true of other Rule 12(b)
motions, a dismissal under Rule 12(b)(4) or 12(b)(5) has no res
judicata affect. 3 aright 4 Miller, A1253. Citing, Thomas V.
Furness Pacific Ltd., 171 F.2d 434 (9th'WO), cart. denied
69 S.Ct. 1522, 93 h.Sd. 1759; Buchols v. Hutton, 153 F.Supp. 62,
(D. C. Montana, 1957) .
While Civil Rule 12 governs the form of the motion, Civil
Mule 4 governs the substance.
Civil Rule 4(d), Summons Personal Service, provides:
"The summons and complaint shall be served together.
The plaintiff shall furnish the person making service
with such copies as are necessary. Service shall be
made as follows:
(9) Public Corporations. Upon a borough or
Incorporated city, town, .school district, public
utility district, or other public-f�poration in the
state, by delivering a copy of the lViiions and of the
complaint to the chef executive officer or chief clerk
or secretary thereof." (emphasis added)
This rule, as applied to this action, indicates that a
dismissal is in order.
G.L RZOM@StON
The first point of inquiry under Rule 4(d)(9) is whether the
City is an incorporated city. The City of Kenai unquestionably
falls within- this -category and -the -.City -requests --the Court-to-
`-spy-�•L,
2 -MEMORANDUM- IN- SLIP -PORT OF - RULE- 12-(b)-(S) -AND - (6) MOTIONS - - -
tMwtlgl,6fle�
GlyAttOmM
CMORKENAt
INOPMOP
K�nM,ANWN{tt
lK3yN1
r .. j.:
Yt _ tt
,i
r-
judicially notice this fact. In addition, Rule 4(d)(9) requires
process to be served by personal delivery to either the Chief
Executive Officer or the Chief Clerk of the municipal
corporation. The summons and complaint which the City requests
to be quashed was delivered to the Mayor.11Jr r is not the
Chief Executive Officer of the City. The City has City Manager
form of government (KMC 1.05.010). As such, the Mayor acts as a
ceremonial head of government. See generally, AS 29.20,220 et
seq.; AS 29.20.460. The City Manager is the Chief Executive
Officer. Because the Plaintiff served the complaint herein on
the Mayor and not anyone within the contemplation of Civil Rule
4(d)(9), the action should be dismissed as to the City or
alternatively, the service should be quashed as to the Mayor.
While one might argue that the "notice giving" intent of the
Civil Rule 4 has been complied with, "there are limits to the
rule's malleability." 3 Wright &-Miller, 91803 at 333. Despite
this liberal construction of the Rule, it "cannot be utilized as
a substitute for the plain legal requirement as to the manner in
which service of process may be had. 4y:�., v. Mollenhauer Lebs:,
Znc., 267 F.2d 260, (7tb Cir. 1959). (Service on chief clerk at
retail store owned by sales corporation which was separate from
defendant corporation held insufficient even though the same
individual was secretary of both retail store and president of
sales corporation.)
3 - MEMORANDUM IN SUPPORT OF RULE 121b)(5) AND (6) MOTIONS
In
The policy behind the requirement of service upon certain
individuals is perhaps more cogent in terms of municipalities
larger than the City of Kenai. One purpose of requiring service
upon the individuals named in the rule could relate to
responsibility.D&Ty. serving a responsible person can the
legal process be assured that appropriate parties attend to the
matter. The rule tries to avoid the necessity of motions to not
aside defaults.
2A. CONCLUSION
• The facts in this case indicate that plaintiff did not make
service upon the City by serving anyone specified in the rules.
It would be an abuse of discretion for the Court to bend the
limit of Rule 4(h) and allow this service of process to stand.
Accordingly, the City asks the Court to dismiss the action as to
the City or alternatively, to quash the service of process made
upon the City of Kenai in this case.
X;-L MOTION TO DISM=SSNAI POLI�EPARIEI�'�
LCIV.R lIbI16)1
&L CTS
The Kenai Police Department is a department of the City of
Kenai, a municipal corperation,�grg iz'*ed and existing under the
laws of the State of Alaska. Wete, City of Kenai Charter)
I- -
- - - - ------ -
4 - MEMORANDUH IN SUPPORT 08 RULE 12(b)(5) AND (6) MOTIONS
O
M
D, CIVIL RULR 12 (b) (6)
A Civil Rule 12(b)(6) motion to dismiss for failure -to state
a claim upon which relief can be granted, tests the legal
sufficiency of the complaint's allegations. Dworkin v. First
National Bank of Fairbanks, I40 P.2d 777 (Alaska 1968). The
question then is whether the instant complaint sufficiently
states facts for which the City of Kenai BRASpartment, could
be found to be separately liable (i.e., in addition to the City
or Richard Ross) for any damages which plaintiff may have
suffered.
GA, D23CU38;oN
Plaintiff's complaint names the Kenai Police Department as a
party defendant in its caption. The complaint nowhere suggests
how or why the City of Kenai Police Department could become
separately liable for any damages which plaintiff may have
suffered. In fact, a department of a munigipa�ity is not a
separate corporation or in any way capable of fiiintaining an
action on its own behalf or defending an action on its behalf.
The cause of action lies against the City, if at all.
Accordingly, this action should be dismissed as to the Kenai
Police Department.
i
enrAUMW 5 - MEMORANDUM IN SUPPORT OF RULE 121b)(5i AND (6) MOTIONS
1 OMOFKBNAI
ltOEbuoo
Ic�u6atur�oMn
1�1,1ut
it
r
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1'
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officials and private individuals for purposes of personal tort
liability. The trend is toward immunity. Aspen Exploration at
157. The case discusses qualified immr� absolute immunity
and decides that the appropriate standaa28 b% adopted in Alaska
involves a sliding scale between absolute and qualified.
Under an absolute immunity theory, the public official is
immune from any prosecution for whatever reason. It is an all or
nothing situation. As the Aspen Exploration court suggested,
however, "we perceive no logical or compelling reason why a
public official should always be entitled to absolute immunity."
The Court went on to leave open the possibility that at times an
official can claim absolute immunity.
Under a rule of qualified immunity, the public official
faces liability only when committing "discretionary acts within
the scope of the officials authority and when the acts are done
in good faith and are not malicious or corrupt." Aspen
Exploration at 158, citing Trimble v. City and County of Denver,
697 P.2d 716, 729 (Colorado 1985). Malipi' ' bad -faith or a
corrupt motive acts to transform an otherwise immune act into an
act to which liability may attach.
In order to determine which theory, absolute or qualified,
to follow in this case, the Court needs to follow the objective
test set out in Aspen Exploration. The test suggests that the
Court first needs to consider various factors:
n 7 - MEMORANDUM IN SUPPORT OF RULE 12(b)(5) AND (6) MOTIONS
GOORKENAI
110M10e
KM kAINUM11
U53UI
L
i
r
111. The nature and importance of the function
that the officer performed to the administration of
government (i.e., the importance to the public that
this function be performed; that it be performed
correctly; that it be performed according to the best
judgment of the officer unimpaired by extraneous
matters);
2. The likelihood that the officer will be
- subjected to frequent accusations of wrongful motives
t and how easily the officer a Mod against these
allegations; and
3. The availability to the injured party of
other remedies or other forms of relief (i.e. whether
the injured party can obtain some other kind of
judicial review of the correctness or validity of the
.k officer's action)." Aspen Exploration at 260.
- The Aspen Exploration case then goes on to suggest that when
applying the objective test to the facts of a particular case, no
one factor controls. Rather, any decision must be grounded upon
a balanced consideration of all,thp factpTs. If the trial court
1�}o
determines that immunity should)�� �a oiute, then allegations of
Improper motive become irrelevant and the case should be properly
dismissed under Rule 12(b)(6).
Is, DIr, SCUSSI2H
- '
In the instant case, this Court should adopt the standard of
absolute immunity. In this case, the nature and importance of
the function the officer performed (i.e., hiring a dispatcher),
plays one of the most important func� ons to the public by a
.. ►tip.
---_ police force. The dispatcher is in charge of properly directing
rescue vehicles, fire services, and the police themselves to
8 - MEMORANDUM IN SUPPORT OF RULE 12(b)(5) AND (6) MOTIONS
. t10/IO�bs
KMN4AgIM�9Ntt
4�3/Mt
a_-
r�
�i 1.
r-
protect the public. Hiring is a basic function of government and
the dispatcher is the key to its performance. Because this is an
important function, it should be weighted as a factor in favor of
absolute immunity. �y '
If the officer is not given absolute immunity in this case,
the officer could be subject to frequent accusations of wrongful
motive every time he hires an employee. Defending against these
allegations is no easy task. This factor also militates in favor
of absolute immunity.
Finally, the plaintiff has other forms of relief available
to her, i.e. she can sue the City itself. When all three of the
factors enunciated by the Aspen Exploration court are taken into
account, the balance tips in favor of an absolute immunity for
the official in this case. Accordingly, Richard Ross should be
dismissed as a party defendant.
If this Court is however inclined, tw.tq `� rule that def endant
Ross is only entitled to qualified immunity, the case should
still be dismissed. For the complaint to be sufficient under a
qualified immunity theory, there would have to be allegations of
improper motive. Nowhere in the complaint are there any
allegations of improper motive and accordingly, the complaint
does not state a claim for relief. Dismissal is appropriate.
I 9--- MEMORANDUM--IN-SUPPORT--OF RULE- -12(b)-(S)--AND- (6)--MOTIONS--- - -
Tl
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.
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-
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. - -
KMNI,ANNufNN
.
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CONCLUSION
tinder the test enunciated in aspen Exploration the hiring of
a dispatcher is an extremely sensitive matter and combined with
the other factors, tilts the balance in favor of absolute
immunity. Given the affirmative defense o� absolute immunity,
Rule 12(b)(6) requires a dismissal .V l�i Court rejects the
absolute immunity argument of the City, then the defendant would
be entitled to qualified immunity. However, the complaint
nowhere alleges improper motive and accordingly, the complaint is
deficient. The case should be dismissed as to Richard Ross.
DATED: This day of April, 1986.
CITY OF KENAI
By: T thy Jam, 'RggIrs ;
.City Attor1,ejR,;'
10- MEMORANDUM IN SUPPORT OF RULE 12(b)(5) AND (6) MOTIONS
,f
j
�3.
cnrAnanw
C"YOPKENA1
��oran4o
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
VESTA LEIGH, ►
Plaintiff, ►
►
V. )
)
CITY OF RENAI, a Municipal ► a�
Corporation, RENAI POLICE
DEPARTMENT and RICHARD ROSS, ►
1
Defendant. )
►
Case No. 3KN-88-245 CI.
MOTION TO DISMISS AND ALTERNATIVE MOTION
TO QUASH SERVICE OF PROCESS
[CIV. R. 12(b)]
COMES NOW, City of Kenai by and through its attorney,
Timothy J. Rogers, and moves the C uF'`g}pursuant to Civil Rule
12(b)(6) to dismiss this action as to defendants Kenai Police
Department and Richard Ross for the reason that plaintiff's
complaint fails to state a claim upon which relief can be
granted. The City also moves the Court pursuant to Rule 12(b)(5)
to dismiss the action as to the City of Kenai for the reason that
the service of process upon the City is not in compliance with
Civil Rule 4(d)(9). In the alternatiye,' the City moves the Court
to quash the service of process madv*upon John Williams, in this
case pursuant to Rule 12(b)(5).
- MOTION TO DISMISS AND ALTERNATIVE MOTION
TO QUASH SERVICE OF PROCESS
- 'F�
•
A
emroP KENAI
rorletoo
w�w,�u.w.Nln
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In support of its motion, the City rep"es on its attached
memorandum at law, the points an', ties contained therein.
DATED: This day of April, 1988.
CITY OF KENAI
By: Timothy J. Rogers
City Attorney
MOTION TO DISMISS AND ALTERNATIVE NOTION
TO QUASH SERVICE OF PROCESS
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--Or AftWft
WTYORKENAI
WIMP
'
WWI
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
VESTA LEIGH, 1
1
Plaintiff, 1
)
V. )
CITY OF RENAI, a Municipal 1
Corporation, RENAI POLICE ) row �
DEPARTMENT and RICHARD ROSS, )
Defendant. 1
Case No. 3KH-88-245 CI.
ORDER OF DISMISS
This Court, upon motion of the defendant, City of Kenai, to
dismiss this action and having reviewed the City's memorandum in
support of the motion and the opposition of plaintiff thereto,
and now finding that plaintiff's service upon the City failed to
conform to the requirements of Civil ,.A ' 4% 4 (d) (9) , and further
that plaintiff's complaint fails to state a claim upon which
relief can be granted as to defendants RENAI POLICE DEPARTMENT
and RICHARD ROSS.
NOW THEREFORE, IT IS HEREBY ORDERED that this action be
dismissed.
DATED: This day of 1988.
JUDGE
'
F
f
C11Y0►KENAI
..
�
KrNba.ww�l
NbW
I
I
THE THE
IN SUPERIOR COURT FOR STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
VESTA LEIGH, )
Plaintiff, )
-
v. 1 �.
CITY 08 1[EAiAI, s Municipal
-
Corporation, RENAI POLICE )
DEPARTMENT and RICHARD ROSS, )
Defendant. )
Case No. 3KN-88-245 CI.
-
ORDER OUASHINa 29ERVTCE Oj PROCESS
This Court, upon motion of the defendant, City of Kenai, to
quash the service of process made upon John Williams and having
reviewed the City's memorandum in support of the motion and the
opposition of plaintiff thereto, and now finding that plaintiff
failed to conform to the requirements of Civil Rule 4(d)(9),
NOW THEREFORE, IT IS HEREBY ORDERED.,that the service of
� r �� t`J� j.
process made upon the John Williams is h`i4 ii t�4; -hed and that
plaintiff shall have days following entry of this order to
properly serve the City of Kenai.
DATED: This day of , 1988.
JUDGE
l_
C37Y OF KENAI i
�Oket:� TbE 4tfgc4Cp Pyev �o�iti� fro..^ -tke
6 F„, 9we; Q f K I •.i ✓�►o� /e� gw &W f
j tyf✓r,P.,I Nqi✓ed -IV-�t♦4 /4iy"' iadyeT woritcJ61lio�
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manNUAL
COMPREM"ENSIVIIE-Am
I -
.._ ... .... � .:nil.
q
1
F13N MANCIA . REPORT
0
City's Combined Balance Sheet. Homer Electric Association, Inc. has
released the City of Kenai as the primary obligor under the debt, and has
also irrevocably placed sufficient monies in the escrow account to service
the debt.
S. Airport Terminal Revenue Bonds Payable
At June 30, 1986, $220,000 of Airport Terminal Revenue 3.75% bonds issued
in 1965 were recorded as payable in the Airport Terminal Enterprise Fund.
The December, 1986 liability of $20,000 was paid as scheduled. In March,
1987 the City redeemed the remaining $200,000 of bonds at a net cost of
$174,136, resulting in a gain of $25,664.
6. Changes in Long -Term Debt
The following is a summary of bond transactions of the City for the year
ended June 30, 1967:
General special
Obligation Revenue Assessment Total
Bonds payable
at July 1, 1986 $ 2,720,000 $ 220,000 $ 2,710,000 $ 5,650,00
Special Assessment
bonds reclassified
as General Obligation 2,710,000 - (2,710,000)
Bonds refunded (1,450,000) - - (1,450,00
Refunding bonds issued 1,902,206 - - 1,902,20
Bonds retired (478,206) (220,000) (698,20
Bonds payable
at June 30, 1987 s 5.404.000 S �� S f 5
On August 28, 1986, the City issued $1,902,206 in General Obligation (G.O
Bonds with an average interest rate of 7.9% to advance refund $1,450,000
outstanding 1984 G.O. bonds with an average interest rate of 10.66. The
net proceeds of $1,754,892 (after original issue discount of $101,506, an
after payment of $45,808 in underwriting fees, insurance, and other
insurance costs) were used to purchase U.S. government securities. Those
securities were deposited in an irrevocable trust with an escrow agent tc
provide for all future debt service payments on that portion of 1984 G.O.
bonds. As a result, that portion of the 1984 G.O. bonds are considered t
be defeased and the liability for those bonds has been removed from the
general long-term debt account group.
The City advance refunded those 1984 G.O. bonds to reduce its total debt
service payments over the next 18 years by $75,673 and to obtain an
economic gain (difference between the present values of the debt service
payments on the old and new debt) of approximately $41,000.
31
General Obligation Bonds payable at June 30, 1987 are comprised of the
following individual issues:
$1,400,000 of 1967 Water, Sewer and Streets
serial bonds due in annual installments of
$20,000 to $85,000 through September 1, 1997;
interest at 5.39 to 6% $ 755,000
$4,050,000 of 1974 Advance Refunding serial bonds
"
due in semi-annual installments of $85,000 to
$135,000 through July 1, 1992; interest at 5.1%
to 1,340,000
$400,000 of 1980 Administration Building serial
bonds due in annual installments of $10,000 to
$40,000 through October 1, 2000; interest at 7.39
'
to 9% 345,000
;..'
$2,850,000 of 1984 general obligation bonds that
_.
will be primarily repaid through special
assessment collections, but have full
f:---=---..-, -,
government commitment. Serial bonds due in annual
_.
installments of $140,000 through October 1, 1994;
" -
interest at 9.5% to 12.5% 1,120,000
`
$1,902,206 of 1986 Advance Refunding serial bonds
that will be primarily repaid through special
assessment collections, but have full govern-
'
went commitment. Serial bonds due in annual
installments of $20,000 to $179,000 through
:. ..
October 1, 2004; interest at 4.5% to 7.5% LB44.000
-.:- -
The annual requirements to pay all general obligation debt outstanding as
of June 30, 1987, including interest payments of $2,718,606 are as follows:
Fiscal Years Ending
1988 S 839,024
` - -
1969 824,331
1990 799,268
1991 767,092
1992 733,079
1993-1997 2,274,378
1998-2002 1,382,989
2003-2005 502.425
32
DEBT SERVICE FUNDS
These funds are established to account for the accumulation and
disbursement of money needed to comply with the interest and principal
redemption requirements for the general obligation bonds issued.
Interest earnings on investments of idle monies have been dedicated to
'
the 1980 City Administration Building Debt Service Fund. The 1967
Water, Sewer, and Streets Debt Service Fund and the 1974 Advance
;:.
Refunding Debt Service Fund have fund balances at June 30, 1907 large
-
enough to service all future principal and interest mqiturities. The
1984/1986 Special Assessment Debt Service Fund is financed by Special
Assessments.
_ 1
i
Exhibit D
cr.Ty OF XMI, ALASKA
Debt service Funds
Combining Balance Sheet
June 30, 1987
1967 1974
984/1986
1
Water, Sewer Advance
Special
Totes
and Streets Refu_ndiV19
Assessment
ASSETS
Equity in central Treasury
1,013,999 $ 1,353,160
2,367,159
148,523
Cash with fiscal agent
- 148,523
Special Assessments Receivable:
-7,616
65,182
72,797
Current principal
Delinquent principal
54,960
11,010
65,970
Deferred principal
= 32,972
2,576,922
2,609,694
Delinquent installment
27,635
19,556
47,191
interest receivable
penalty and interest
38,861
3,773
42,634
receivable
Total Assets
1 1.013. 3,72 1,66&
1 2.676.JQ
A 5. 354,1M
4A
LIABILITIES AND FM BALANCES
Liabilities:
Due to General Fund
$ - $ -
$ 473,005
$ 473,006
Deferred special
28,356
2,S76,92-2
2,60S.278
assessment revenue
Total Liabilities
356
28�
3,049,927
3,078,283
Fund Balances:
Reserve for debt service
1,013,999 1,635,370
-
2,649,369
Unreserved-undesignated
- -
(373,484)
(373,484)
(deficit)
Total Fund Balances
(deficit)
1,0131-99-9 lo63S.370
(373a494)
2-, 275,86%
Total Liabilities and
S_2_._§76,443
9 S-3S4-16(1
Fund Balances
S 1,013,999 S 1,663,726
The accompanying notes are an integral part of
the financial statements.
58
r
NOD 2
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�aar�u�ood
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•
MAVIS BLAZY OF �r s AND THOSE FRIENDLY FOLKS,
-
--
JIM AND BETTY HARRIS OF liusilers Inr,
FAME, ALONG
t
- -
- --
-----------,--
$ ! ll mu, N' Luk
WITH RON AND JAN MOOREV OWNERS
WA
Ana
1
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INVITE YOU TO ANOTHER OF OUR WONDERFUL
CHAMBER AFTER HOURS
Friday, April 22, 1988 at 6:00 PM.
The hosts and
hostesses are staging this evening at the home of
Mavis Blazy,
"
221 Stacy Drive, Soldotna. Be sure to bring your
business cards
f
..
for the door prize drawing.See
P you there. Come
one Come all.
{
i1&1 nip Chamber -or -co'n nerve-
10•11.11m 216 0 1894.Ilinklev, tioHe 1414 9 Noldoiosl. AK 9%69 I�lan�e: 262-9R14 • • •
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— -- - - ---
GREATER SOLDOTNA CHAMBER -OF COMMERCE MEETS EVERY TUESDAY 12:00 NOON. L
"
BOARD OF DIRECTORS
COMMITTEES
President Velerle Edmundson
BEAUTIFICATION
President Elect
MERCHANTS
Vice President Philip Turkfaston
VISITOR INDUSTRY
-
-
Treaurer Sharon Moock
SPECIAL EVENTS {
_
Jan Moore
FINANCE
j:
Paul Miller
LEGISLATIVE AFFAIRS
Dave Hutchings
EDUCATION
Secretary Betty Harris
NOMINATING
- - - r
Paul Gray
MEMBERSHIPS
Mavis Blsry
Executive Director Why Scott
CHAMBER OFFICE Phone 262.9611
'
TREATER SOLDOTNA CHAMBER OF
BULK PAW
'OMMERCE
U.S. roatrAos
PAID
:,.0. BOX 236
OLDOTNA. ALASKA 99"9
wLoorrtn, sK•
0
'Oan 'ills ams
C:t?
Of Xenai
2:0 ?idalcO
1
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Kenai, AK 99611
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-------: --- •-- --�,. -r
- - - -- --- - - -- - - - --
_ -.ate. — - -
Borough Clerk
KtNAI PGNINSULA BOROUGH
� X M
� b�p�tM. M.A�fA �NM
Janet Malen, Clerk
City of Kenai
210 Fidalgo St.
Kenai, AK 99611
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Municipal Assistance
FY88 Actual
Municipals v
(Governor's FY89 Proposed)
POROUGM
ALEUTIANS EAST BOROUGH
S
110932
A4CHORAGE
S
25,205,617
BRISTOL SAY BOROUGH
2
1220339
FAIRBANKS NORTH STAR BOROU
S
41353v3?6
NAIVES BOROUGH
S
75,915
JU49AU CITY & SCROUGH
S
2,772,312
-KE-NA:---PENINSULA BCROUG14
S
2,489,847
KETCHIKAN GATEWAY BORON H
$
450,007
KCDIAK ISLAND 90R000H
S
3270690
MATANUSKA•SUSITNA BOP.000H
S
3,C62,448
NORTH SLOPE BOROUGH
S
1#455#955
NORTHWEST ARCTIC BOROUGH
S
20,349
SITKA Cl" d SCROUGH
$
798#430
CITIES
=JFQ 3
i
gV. C,
�eziasx�z'�
FY86 Amount Distribution
(AML's FY89 Proposed)
$ 14, 516
f 36,461,126
s 1a2,4se
S 6,454,29E
f 1130998
S 4,103,!61
S 3,679,630
S 621*389
S 80$,915
f 4,711,175
S IP39SP956
S 27, 603
S 1.161,380
AKNICK
S
9,343
=
14,285
AK IAK
8
20* 30
S
31, 318
AKUTAN
2
!
33f O50
ALAKANUK
S
51,935
S
77, 823
ALEKNAGIK
S
15,169
S
2!0,329
ALLAKAKET
S
16,234
S
25,166
AMBLER
S
210472
S
330033
ANAKTUVUK PASS
S
19,22.E
S
29,935
ANDERSON
99,820
ANGOON
S
,
SS17S
S
84,145
ANIAK
f
450575
S
69,059
ANVIK
$
6,886
S
10,649
ATCASUK
$
37,564
S
48,807
BARROW
$
275, 311
S
414, 722
BETHEL
S
430#622
$
632,41E
SETTLES
S
5,010
S
70503
BREVIG MISSION
S
14,228
f
22,02E
BUCKLAND
S-
210,558
S
33,310
CHEFORNAK
S
27'441
S
42,35E
CHEVAK
S
47,799
S
74,196
CHIGNIK
S
110115
S
170099
CHUATHBALUK
:
10,379
S
150996
CLARKS oOINT
S
6,485
S
100,067
COLD SAY
S
16,936
f
24,OS4
CORDOVA
S
156#488
S
373,694
CR-AIG -
S- -
- 1Coo 365 -
- . i
--15=,274- . -_. .
DEERING
S
13,296
5
20,414
- - DELTA JUYCTIOy --- - -
- -- S
--127-,91-6-- --
- - - -t---
638 - --
- 1E2,-
CILLINGMAM
S
20,114
S
3000725
-,DIOMEDE
9
14,63S
f
220,703
EAGLE
9
170013
f
250490
EEK
S
21,294
S
32,936
EKUOK
S
90,066
f
140053
SLIM
S
21,361
f
33.013
INNONAK
s
930183
9
800974
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CITY OF KENAI
"Oil Goa#W of 4"
210 FIOALOO KENAI, ALASM "Oil
TELEPHONE Z83, Ml
TO: Kenai City Council
City of Kenai
FRO imothy J. Rogers, City Attorney
City of Kenai
DATE: April 15, 1988
RE: Footwear Gallery
pursuant to Councilwoman Swarner's request, I am providing this
brief synopsis of the Footwear Gallery sales tax collection
effort. All figures quoted herein are approximate.
Over one year ago, the Footwear Gallery signed a confession of
Judgment in the amount of $44,000 for sales tax due and owing.
The confession was made individually against the owner of the
Footwear Gallery Corporation, i.e. Winston, Inc., in addition to
the corporation. I am informed that the Footwear Gallery made
one payment on the confession of judgment and failed to even keep
current on its ongoing sales tax obligations.
The Borough executed upon the confession of judgment, seized the
shoes and some fixtures, and sold the items. Approximately
$11,000 was received as a result of the sale. The question has
been raised of what will happen with the proceeds of the sale.
There are a number of costs associated with the execution
procedure. These include a percentage to be paid to the process
server, rent for the building needed to sell the items, seizure
costs, including rental of a van. These costs all come off the
top. The rest of the remaining amounts are applied.first to
interest, then to penalties, then to principle. The remainder, I
understand, is split out 60-40, with the City and Borough.
The execution procedure does not end the matter. The Boroug may
elect to attempt_ collection from either the corporation (if it is
still -solvent) ; orapparently i1 --this case-; -the -indiv dual . - t--am
not privy to the Borough's plans.
TJR/clf
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Former city worker files $2.00,000 suit.
I► p00;t100 aaploymept�iawiidt bas the ROM tr7ty QaurrcU's Aped. 30 lliiyi,M�t ng&J*t �1Ms.�n
bssa Ned a{aint tM dty d ICee�i by;. ,�,. *'. L »r;�" ✓;� . :r•� e+eeipied'9n aoaoedeaas wo (ft
farmeesmplegNVIS tafwi�.,t. (� ; go,aedtnae�ce eater that if'as ,;aediaanoell0.06.60..:„W•
Iwmed a,ddiadanb to the.tawrA soft" "witbdraws his ae her rss- � an Judy 1% ION., do wit *ew bee
I�+e tbs dty d ICeriai aad Riek Rasa6 iRnatisa wtthiq i year of the eeyinai restpaatiao. and as June 3. IM. the
ddddpolla. , : �.,; .. redpnNoo. and the employee bad a compLiut sates, the city aonouneed a
7'he catnplalM states that the dry satbfactory eeeoed of service �rbib patuar speniap far a ditpatcbee. Ld�
fNied to rehire tier u a dat the r to vAlb the �' UW CO b to pive the Odw !n the compWat that the list d.
(AIN o w with ao asd Wtd that , former employee's appReatioa pre[er� duties in the new pasitloo was sadly -
entiat treatment for 00 same kltrd d thesamentbelistatberolddids. '
�Ivee pdeMdd feeumeat `4 CW,-_%b wempleoycs previaaly held.: gar cc Oa June tti IW, too applied tar the
ampleyess within a certain time peetad _ 7bat prdereatiotreatment is to last Job and an June 29. the CUMO�bs t
aftertbe_empleyeeresipo&---""°";realpnatten '�woyearsfromthe Me thestates. Ron phoned her and said
11iat o[dinaace ii^Ctntealy► �utrder istarmaltyWithdrawn. ...., ; hadaotbeeabired.
seaside Ndw for repeal. A public bear• 90 compla d state. that Lett► wsa t� Tbs ON us" in ttre lavrsuit in-;
iq and aed" ss it era Scheduled fa, aaemergeneytervioestdfapateberfeom dudeslostwapa.
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IN THE DISTTiMVSUPERIOR COURT FOR THE STATE OF ALASKA
C .) AT KENAI
293p31.123¢ss
VESTA LEIGH, ) R�i;:4,
C% y 9A = i.
Plaintiff(s),
ve. N
CITY OF KENAI, a Municipal
Corporation, KENAI POLICE )
DEPARTMENT and RICHARD ROSS, )
CASE NO. 3KN-88- 245 CI.
Defendant(s) .)
SUMMONS
To Defendant: John Williams, Mayor,for Kenai Police Department
You are hereby summoned and required to file with the court an answer to
the complaint which accompanies this summons. Your answer must be filed
with the court at 145 Main Steet Lon , Kenai, Ak. 99611 within 20
(address)
days* after the day you receive this summons. In addition, a copy of your s,
answer must be sent to the plaintiff a attorney, Arthur S. Robinson
whose address is: 35401 Kenai Spur Hwv., Soldotna, Alaska 99669 i
0
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If you fail to file your answer within the required time, a default judgment
may be entered against you for the relief demanded in the complaint.
This case has been assigned to Superior Court Judge 1m f
his case has been assigned to District Court Judge,.
a District Court case and will be assigned to an available judge.
CLERK OF COURT
.•
Date epu y r c
--- -- --- ------ -- ---------- ---
* The State or a state office or agency named as a defendant has 40 days to
file its answer.
CIV-100 (3/87)(st.9) Civil Rules 4, 5, 12, 55
SUMMONS
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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
VESTA LEIGH, ti��g�,-� 4ss�
Plaintiff , ) ,�, ~9IA
d
ve
a �F
CITY OF KENAI, a Municipal
Corporation, KENAI POLICE )
DEPARTMENT, and RICHARD )
ROSS, )
I
Case No. 310-88- Civ.
rOMPLAI lr FOR WRONGFUL HIRE
l y.
COMES NOW the Plaintiff, by and through her attorney,
ARTHUR S. ROBINSON, of the law offices. of ROBINSON, BEISWENGER &
EHRHARDT, and for her causes of action against defendants,
complain and allege as follows:
i
1. Plaintiff is and was at all times mentioned herein a
resident of the State of Alaska residing at Kenai, Alaska.
2. Defendant City of Kenai, hereinafter City, is a
municipal corporation organized under the laws of the State of
Alaska as a first class city.
3. Defendant Richard Ross is and was at all times
mentioned - herein a resident- of the State Of Alaska,- residing "at
Kenai,-- Alaska. - Defendant- Ross--is--and -was- at --ail- -times- -mentioned-
C'i
COMPLAINT - 1
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.d�ffiw dfrfr.ryr,
erw�, awa.ri
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herein Chief of Police of the Kenai Police Department and was
responsible for hiring employees for the position of dispatcher
for the City's Police, Fire and Ambulance, Animal Control
Departments and other local government services.
4. Plaintiff was employed by the City as an Emergency
Services Dispatcher, hereinafter, dispatcher, from May 1, 1979,
until she resigned her position effective July 25, 1985. While
employed in City service as dispatcher, plaintiff's duties
included the following:
a) radio dispatching for Police, Fire and
Ambulance, and Animal Control departments and other local
government services;
b) typing reports and court paperwork;
c) numerical and alphabetical filing;
d) computer checks;
e) answering and routing emergency and routine
incoming calls; and
f) personal reception of walk-in traffic.
5. During her term of employment with the City as
dispatcher, plaintiff was a permanent City employee with a
satisfactory record of service.
6. Plaintiff resigned from her position in accordance
-with provisions of the City ordinance for resignation -from City
service; Ordinance- 23.35.50. - — - - --- - - -- -- - -
COMPLAINT - 2
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e $ 1S
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&W. *As&&*
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7. City ordinance 23.35.60(a) provides that permanent
City employees with a satisfactory record of service who resign
their positions in accordance with the City ordinance for
resignation from City service may, on their written request,
withdraw such resignation within one(1) year from the effective
date of their resignation and be considered on a preferential
basis for re-employment in the same or comparable classification
to the one resigned from.
8. City Ordinance 23.35.60(b) provides that the
preferential eligibility of all candidates for re-employment shall
expire two (2) years from the date on which they become eligible
to the re-employment rights. C
9. on or about July 16, 1986, plaintiff submitted to
Defendant Ross a written request to withdraw her resignation and
be considered for any similar job opening to the one in which she
resigned from. A copy of the written request is attached to this
complaint and incorporated by reference as Exhibit A.
10. on or about June 1987, the City published a position
announcement for dispatcher/clerk advertising an opening for
employment for that position within City service. A copy of the
position announcement is attached to this complaint and l
incorporated by reference as Exhibit B.
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11. The duties listed in the position announcement in
Exhibit B are as follows:
COMPLAINT - 3
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SWW O"Idl
a) radio dispatching for Police, Fire and
Ambulance, Animal Control, and other local government services;
b) typing reports and court paperwork;
c) numerical and alphabetical filing;
d) computer checks;
e) answering and routing emergency and routine
Incoming calls; and
f) personal reception of walk-in traffic.
12. The duties listed for the position of
dispatcher/clerk, set forth in Exhibit B, are the same or
comparable to the duties performed by Plaintiff while she was
employed as dispatcher with the City and therefore the job
classification is the same as or comparable to the position
plaintiff resigned from.
13. On or about June 8, 1967, Plaintiff applied to the
City, through the Kenai Police Department, for the position of
dispatcher/clerk as announced and advertised in Exhibit B. A copy
of her application is attached to this complaint and incorporated
by reference as Exhibit C.
14. At the time plaintiff applied for the
dispatcher/clerk position, she was entitled to preferential re-
employment rights for that position, pursuant to City ordinance
23.35.60(a), in that she, being a permanent City employee with a
satisfactory record, had resigned her position of City service in
COMPLAINT - 4
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ems. Es.�.rr
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accordance with the City ordinance for resignation from City
service, requested in writing to withdraw her resignation within
one year from the effective date of her resignation, and within
two (2) years from the date on which she became entitled to the
re-employment rights applied for consideration to be hired in the
same or comparable classification to the one she resigned from.
15. On or about June 29, 1987, Defendant Ross wrote a
letter to Plaintiff, which she received, informing her that she
was not hired for the position of dispatcher/clerk.
16. The City'a refusal to hire plaintiff was wrongful
and a violation of her preferential re-employment rights as
guaranteed in City Ordinance 23.35.60(a).
17. As a direct and proximate result of the City's
refusal to hire plaintiff and its violation of her preferential
re-employment rights, plaintiff has suffered damages in the nature
of lost wages and other employment benefits.
18. As a direct and proximate result of the City's
refusal to hire plaintiff in violation of her preferential re-
employment rights, she has suffered damages in an amount in excess
of $200,000.00, the exact amount to be proven at trial.
WHEREFORE, Plaintiff prays for relief as follows:
1. Judgment against defendants in an amount to be proven
at trial;
2. Cost, interest and reasonable. attorney'-s_fees;
- -- -- - - -- ----- - --- -- - -
COMPLAINT 5
3. Such other relief at law or in equity that the court
some just and equitable under the circumstances.
DATED this 29th day of March, 1988.
ROBINSON, BEISWENGER & EHRHARDT
/j.j r1lo...
s
THUR ff. ROBINSON
Attorney for Plaintiff
COMPLAINT - 6
P052TION MO=CEtRENT
r.
Oispatcbas/Clark
gay Grade 0 • !tasting salary $I4•702 NZ
evM� �-
--
tudio diSpatahing tot 1011"0 fire i Ambulance. Anisal Contsol and
other local government ssrviaes, typing reports and court paperwork,
numerical and alphabetical tiling• aosputes checks, answering and
routing emergency and routine incoming calls• personal roe sption o!
walk-in traffic•
X=lpMMM FOR POSITION•
_
Clerical experience and training at basic elerk/tyPist level. !ra n ng
or expsrience in dealing with people and situations involving stress•
ability to communicate clearly and concisely over radios. Mosdproasssing
experience or training helpful.
MOORS of SERVICE:
position is based on a 40 hour work week. Shifts consist of 10 hours
per day, 4 days per week, rotating quarterly. Shift work includes
�
days, swings, and graveyards, as well as all holidays.
1
Plaintiff's Exhibit B
'3KN-88- CV Complaint
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3987
Date aunt CITY Or 1D:w, A1. ► V
210 tidalgo, Renal, Alaska 99611
4907) 283-753S
JIpPLICAs'ION 101 UVIAVOW
Now. VEM UIGN
Address (Nailing) p.0. Nox 905 , Kenai, Ak 99611
Address (Location) 610 Hapic 9t., Kenai
Telephone 1 293-4516 social security 1 $66-44-9234
Do you have a valid Alaska Driverls License? Yes
Are you a O.S. Citisen or otherwise authorised to Mork in the U.S.? (If MrSd,
proof of euployment eligibility ssust be pressafed). Yes
position or positions applied for zsp cie
Have You previously been esVloyed by the City of Kenai? ves
If so, give dates_2-26-75/9-4-77 and 5•-1-79/7-24-65-
immediate
Mhat date will you be available for work?_ _-
List the names and locations of the schools you have attended:
High School:benaoc+no Union Hiah School, Mendocino California._
Did you graduateves
college.. K.p.C.C.
•9 of years attended and degree
major/minor course of study eclectic and various courses from art and writinf
to theater and biology.
Other Education:��
_ Lis.__beiow..skills,. menioerships, or certifications that you feel help make you
gaalified for this position.
past experiences in this field and -this position.-Also-working--with-the-public-and o(--,
comluter ir. high volume office of legislative Information Office in Soldotna.
Plaintiff's Exhibit C
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—3IQ8-8 CV Complaint _over)
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If you art apg: a;, for a position that may re9dire operation of certain machin-
ery, equipnnent. tools, or other !teals please list on a separate paper all the
toms that you have successfully operated in the past, giving the type or s+odel
df the item and the number of years experience.
List the names and locations of your last three
(1) Current or last -foyers:
employers Z6Z 9lbd
Name and addrees_etala of Alaska, Legislative Information Office. 312 syse 1
Employment dates oetober 1986 tc ,� 87!„ent) iolaoe a, 99611
Last monthly sal.asy ; Vassea. I am contracted to the state part lima.
Reason for leaving iJOIf �
Supervisor's name and phone « Rhgda Ea -
Describe position and responsibilities a am a T*JL@C0ntar4nC6 oaeratos,
co-ordinating and•eaecUting telaconlesences between the legislature in juniou an the
citisens and constituents of the -Kenai 80 oval area. so heavy phone usage ublic
contact and service. Using computers to transmrt an ormataon 1155 retreava as al to Jam
(2) Next prior owloyer:
Hamm and address City of zonal
Employment Dates 5-1-79 to 7-24-8 .
Last monthly salary ; Approx 2,3
Reason for leaving_- personal
Supervisor's name and phone 9_y=w. e......w _,,.
Dsseribe position and responsibilities Di.wwtwhw�/PL�1e- 1.Air. Ai-w�r�L-w
for police, !'ir- --a ik'"'"'*1 — -_ local government. Typed reports and court papers.
Filed reports numerical and alphabetical, rah con utar checks, and all
, .Miser required back up as required for the police department.
(3) Next prior emplpyer:
Name and address- city of Kenai
• Employment Dates 12-26-75 to 8-4-77
Last monthly salary $ unknown
Reason for leaving start own business
Supervisor's name and phone M Richard Ross, Chaef o• o ace
Describe position and responsibilities same as above.
If you wish to list other employment, including military service, because 'it is
relevant to the position for which you are applying, attach a separate list.
May We contact the above employers? YES
List two personal references (name, address, -and phone number):
Gloria Wisecarver, plushy River Road. 262-7722
Gre-tcher. Alexander, K.F.L.
-
1 understand that by signing this application, I aim giving the City of Kenai
;Thority- to investigate and inquire- as -to _the -accuracy of -the information -
Contained in the application. and to contact the personal references and
_irevious employess -(if -agreed to $have) . ---
d
sign:
,
+revised 5-15-87)
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a
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
VESTA LEIGH, )
Plaintiff, )
I
va. )
CITY OF KENAI, a Municipal j
Corporation, KENAI POLICE )
DEPARTMENT, and RICHARD )
ROSS, )
Case No. 3KN - 88 -- Civ. .
COMES NOW plaintiff, VESTA LEIGH, by and through her
attorney, Arthur S. Robinson, of the law firm of ROBINSON,
BEISWENGER & EHRHARDT, and requests and demands a trial by jury on
all issues triable of right by jury in the above -entitled cause.
DATED this 29th day of March, 1988.
ROBINSON, BEISWENGER & EHRHARDT
aA1.4A
R S. ROBINsSON
Attorney for Plaintiff
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- INFO 9
CITY OF KENAi
"011 e4od 01 4""
Tal"Wom-ml
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Vince O'Reilly, Chairman
Economic Development Commission
DATE: April is, 1988
RE: Roland Lynn - Service to the Commission
It is the intent to use the services of Mr. Roland Lynn at no cost for
the Commission in the following three activities:
Priority Three
1. Recreation Vehicle Campground
To provide general survey work as to possible sites, layout,
general economics are under the direction of the two
Commissioners
Priority Two
2. Data bank to assist it Reeking sources of real estate and
fishing data, assuring the continuous flow of such, working
with Borough data bank, arranging for distribution to City
and establishing in-house economic information center.
Priority one
3. Study of Wildwood Annexation.
To gather and arrange for necessary information and
presentations to Commissioncoveringareas of legal,
financial, public work, other city services, State Boundary
Commission involved with Wildwood.
It is understood, and Mr. Lynn will be so instructed that hie position
in 14mitoA *t% aaotanrv_ is not authorizad to sneak for or represent the
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CITY OF KENAI
Del e oj 41"
. ., ___ ltORIaAL40 Kp�l,►I,ALAtKA .,n,
MEMORANDUM
TO: Roland Lynn
FROM: Vince O'Reilly, Chairman
Economic Development Commission
DATE: April 15, 1988
Proposed Activities Utilizing Your Services
I RV Park. Working with Commissioners Thomson and Dyer develop
sufficient information on usage of available city lands for RV
park purposes.
II Data Hank. Borough Data Hank does not include relevant real
estate and fishery data. Ron Moore of Real Estate Association and C.
Commissioner Bob Scott have started developing basic data. Other
activities are as stated in memo to City Mayor and Council
III Wildwood Acquisition
a. Review City analysis to date
b. Line up presentations to Commission for April 28th Meeting
from the following:
1. City Legal Department
2. Kenai Native Association - Legal Title to Property,
Taxation Situation
3. City Public Works
4. City Police
5. City Fire
6. other City services
7. Appropriate Maps, Photos, etc.
8. State Boundary Commission Representatives
9. City Administration
10. Any other appropriate parties
C. offer your framework of general recommendations to Commission
for their consideration in developing recommendation to
Council.
cc: Mayor
--City- Manager - -� -
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Alaska Conference of Mayor's activities are rolling along at a very
.
good pace.
'
our membership -has grown every month since October. Currently, we
'
show 56 dues paid members. Paid dues allow members to vote. Dues are
r
cheap.
Dues area
$25 for Mayor whose population is up to 2,500 people
$50 for Mayor whose population is 2,501 - 10,000 people
$100 for Mayor whose population is over 10,000
Checks or cash is accepted by our Treasurer, Mayor Williams at the
-'V`
meeting, or mail them to our Juneau office in advance.
Our tight schedule may require us to work during lunch, on the
21st., be prepared. The Mayors lunch will be hosted by the
-- -- _.._r__-.•,
Kenai Peninsula Borough, Mayor Don Gilman and the City of Kenai,
- -
Mayor John Williams.
' -
This is a great chance for you to participate in the Alaska -Conference
of Mayors, and also promote your local concerns with your Legislators.
Since
i ,�
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JLL
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KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING
• MARCH 15, 19881 1i30 P.M.
BOROUGH ADMINISTRATION BUILDING
SOLDOTNA, ALASKA
18710@�y
-AGENDA - Assembl
HQ�, -L . J ^•; A. CALL TO ORDER Carey CoCrawford� F . PLEDGE OF ALLEGIANCE 4.'
BHudgins
M
mod, �l �b°� C. INVOCATIONt Rev. Ruth McMillan Keene
c'�•/EpE6;dt Kenai United Methodist Church MoGahan
D. ROLL CALL McLane
Moock
E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS Mullen
Nash
F. APPROVAL OF MINUTEST March 1. 1986 O'Connell
Phillips
q, COMMITTEE REPORTS Sewall
Skogstad
(a) Finance (Crawford. Carey, Glick, Keene, Valli
O'Connell, Mooek, Nash)
(b) Local Affairs/Legislative (Sko stad, Glick,
Mecahan, Mullen, O'Connell. Phillips)
(c) Public Works/Education (McLane, Brown, Hodgins.
McGahan, Skogetad, Valli)
H. MOTIONS TO RECONSIDER
1. AGENDA APPROVAL AND CONSENT AGENDA Page Nbr.
(a) Vacation of Portion of Raymond Circle Cul-de-Sac 2 '
6 Adjacent Utility Easement
(b) Vacation of Portion of ROW and Utility Easement 2
Granted by ADL 63002. Section 21, T4N, R11% S.M..
AK
J. ORDINANCE HEARINGS
(a) Ord. 88-* "A propriating $45000 to the Road 2
9ia Renance Service Area Capital Projects Fund
as Grant Matching Monies" (Mayor. Req. EPRMSA)
K. INTRODUCTION OF ORDINANCES
(a) Ord. 88-7 "Repealing KPB 21.05 and Re-enacting as 3
XFB ZI 'dS: Establishing a Floodplain Management
Program to Conform to Requirements of the National
Flood Insurance Program" (Mayor B Req. Planning
Commission)
(b) Ord. 88-8 "Amending KPB Chapter 16.60 to Provide 3
or rocedurea Regarding the Operations of the Anchor
Point Fire and Emergency Medical Service Area" (Mayor)
(c) Ord. 88-9 "Authorizing the Receipt of Various 3
rants rom the State of Alaska and Appropriating
01,045,000 to the Various Project Accounts (Mayor)
L. CONSIDERATION OF RESOLUTIONS
(a) Res. 88-21 "Authorizing the Transfer of Funds for 4
Purchase of Equipment in the Borough Clerk's
Department" .(Hod Bins)
(b) Res. 88-22 "Urging the Alaska Department of Fish 4
an__ _ ame .to Provide --Full Funding_ of the Trail Lokes_
Fish Hatchery" (Glick 6 Sewall)
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Page Nbr
(e) Res. 88-23 "Appproving the Grant of an Easement Across 7
oFOSuug'ii-'�wnad Lande" (Mayor)
(d) Res. 88-24 "Supporting an Application to the Alaska 8
ate eographic Names Board for the Commemorative
Naming of an Unnamed Mountain Near Kenai Lake on the
Kenai Peninsula" (Glick)
(a) Res. 88-25 "Urging the Alaska State Legislature and 8
Governor Cowpor to Approve Passage of House Bill 380.
State Grants for School Construction' (Legislative Cmte)
tf) Rea. 88-26 "Authorizing the Wavier of Profeasional 6
is6iTity Insurance Requirements in the Architectural
Engineering Services Contract with Wirum i Associates
for the New Seward Elementary School" (Mayor)
(g) Res 88-27 "Approving the Fiat Roof Alternative and a 11
Bidding Format for the Seward Elementary School and
Increasing the Construction Document Budget" (Mayor)
M. PENDING LEGISLATION
(This item lists legislation which will be addressed at a
later time se note l not for action at this meeting.)
(a) Ord. 88-5 "Amending RPS 2.06.120(0) to Remove the
Restriction that Public Comments Under That Agenda
Item Be Restricted to Matters That Were Not on the
Agenda" (MeGehan/Sewall) HEARING 4-5-88
(b) Ord. 88-6 "Accepting Grant Funds from Alaska Depart-
ment of Education to Provide a Wheelchair Lift at the
Nintlehik Elementary/High School" (Mayor) HEARINO 4-5-86
N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON
THE MEETING AGENDA
0. PUBLIC CONKENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT
CONTAINED IN THE ASSEMBLY'S AGENDA
P. MAYOR'S REPORT
(a) Revenues and Expenditures Report
Q. OTHER BUSINESS
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R. ASSEMBLY AND MAYOR'S COMMENTS 13
S. INFORMATIONAL MATERIALS AND REPORTS
(a) Bid Tabulation - Fertilizer 1988
T. NOTICE OF NEXT MEETING AND ADJOURNMENT (April 5. 1988) 15 (�
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KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING MINUTES
MARCH 15. 19881 7:30 P.M.
BOROUGH ADMINISTRATION BUILDING
SOLDOTNA. ALASKA
r
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A. CALL TO ORDER j
The regular meeting of the Assembly was called to order at 7:30 P.M. II
by President Jonathan Sewall.
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
The invocation was given by Rev. Ruth McMillan, minister of the Kenai
United Methodist Church.
D. ROLL CALL
PRESENT: Assembly Members Brown. Carey, Crawford. -Glick. Hodgius.
hillips,cGSewall McLane, Wallis MayorasGilman , Atty. !
Boedeker. Borough Clerk Brindley
ABSENT: None
E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
** SPECIAL ITEM ** AWARD OF PLAQUES
Pros. Sewall presented two plaques, one to Leroy H. Barton. Jr. in
appreciation for years of dedicated service to the Ronal, Peninsula
Borough from is down tot $2.86or 9 to billion total assessed value tatW`hened tbe
came to the Borough it was $780 million.
Pros. Sewall presented the second plaque to Donald E. Thomas in
appreciation for dedicated service from November. 1964 to March.
1988. Mr. Thomas commented when he first came to the Borough there
was about $60 million in the reserve account and now it was down to
$16 million. He thanked the Assembly members he had worked with over
and years,
herhadroncesd and 'kicked out ofathe teenhad sdance". many years
Pres. Sewall reported two others were to receive awards but were
unable to attend: Sam Best.
who was out of state. and Jean Ward, who
itnwas a note
rivilege andyan regarding
have worked fore the Borough for 19
years. hciperdpppecstifor vethopstdThomas
rad graouslyanswehrquequestions yearof he
tenure.
F. APPROVAL OF MINUTES Page
IrnetMsOyearsnserved onrthet4lanon ningPBComissiere on should uldyhave been"10
years". The minutes of March 1, 1986 were approved as corrected
without objection.
G. COMMITTEE REPORTS
(a) Finance (Crawford, Carey, Glick, Keene.
O'Connell. Moock. Nash)
Mr. Crawford reported the committee met and discussed agenda tams
only.
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KENAI PENINSULA -BOROUGH REGULAR ASSEMBLY MEETING Of MARCH 15, 1988
(b) Local Affairs/Legislative (SkoBetad. Glick.-- T'
NeGahan, Mulled. O'Connell. Phillips)
Mr. Skogstad reported the committee met and discussed agenda items
and the forest resource management plan. He stated staff has drafted
amendments the committee requested to the ordinance which would be
Assembly April 19 meeting.
brought to the A y at the Ap i g - -
(c) Public Works/Education (McLane, Brown. Hodgins,
NeGahan, Skogstad, Valli)
Mr. McLane reported the committee met and considered agenda items
which would be brought forth at the appropriate time.
(d) Data Processing Steering Cue. (Hodgins)
Mr. Hodgins reported the committee met this date to discuss the �.
equipment requested by the Clark's office and called attention to a
muestionnaire on the desk on which the committee would like Assembly
embers to write their expectations 'for the office's computerisation.
r The responses will be the basis for a recommendation to cams out of - -- - - - -----
the committees next meeting on March 22 at 2 p.m.
H. MOTIONS TO RECONSIDER
I. AGENDA APPROVAL AND CONSENT AGENDA
Pros. Sewall recommended the addition of Emergency Ordinances 88-11
and 88-12 as Items (b) and (c) under J, verifying a vote of 3/4 would
be required to enact at this meeting for an effective period of 60
MsMr. Crawford requested the addition of Res. 88-28 as Item L
.. There was no objection to the additions and the consent agenda
was adopted as shown* !
(a) .Vacation of Portion of Raymond Circle Cul-de-Sac
i Adjacent Utility Easement
(b) Vacation of Portion of ROW and Utility Easement
Granted`by ADL 63002. Section 21. T4N, R11W, S.M., AK
J. ORDINANCE HEAftNGS
(a) Ord. 68-4 "Appropriating $45,000 to the Road Maintenance
eOR-0 a area Capital Protects Fund as Grant Matching
Monies" (Mayor, Req. EP A)
ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-4. i
Mr. Crawford reported Finance Cmte. had a "do pass" recommendation.
The ordinance designates $25 000 for road upgrade and pedestrian E
safety for Cooper Landing and 120,000 for Hope regional road upgrade.
Public hearing was opened and as no one wished to speak, was closed.
ORD. 88-4 WAS ENACTED BY UNANIMOUS CONSENT.
(b) Emerstency Ord. 88-i1 "Appropriating $20.000 from the
Unappropriated un alance of the East Kenai Peninsula
Road Maintenance Service Area for Emergency Snow Removal"
(Mayor) f
ASSEMBLYMEMSER SKOOSTAD MOVED THE ENACTMENT OF EMERGENCY ORD. 88-11.
Mr. Crawford reported Finance Cmte- was advised these are funds that
the service areas had not up to now a propriated from their account
and are needed due to the heavysnowfall this year. The committee
had no objection to enactment o either Ord. 88=i1 or 88-12. _- ..
Skogetad-_reported_ the Local_ _Affairs Cmte. had a "do ppass" -, - ----- --- - _-
recommendation for both 88.11-- -- -and -- - -- 88-12. it
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH IS.- 1988
Mr. McLane reported Public Works Cmte. recommended passage as well.
=k
Public hearing was opened and closed as there was no one who wished
Fvs •
to speak.
Pres. Sewall noted as information for the public that these were
•
state funds held in reserve by the service areas until this time.
- ;i
Mayor Gilman reported the East Road Maintenance Service Area had not
met on this issue but was polled by telephone and approved by all
five members. The South Board did most and approve the appropriation.
EMERGENCY ORD. 68-11 WAS ENACTED BY UNANIMOUS CONSENT.
(c) Emergency Ord. 88-12 "Appropriating $40,000 from the
-
unappropriated un glance of the South Kenai Peninsula
Road Maintenance Service Area for Emergency Snow Removal"
(Mayor)
ASSEMBLYMEMBER WALLI MOVED TO ENACT EMERGENCY ORD. 88-12.
Pres. Sewall noted all committee reports addressed both ordinances.
Public hearing was opened and as no one wished to speak, was closed.
EMERGENCY ORD. 88-12 WAS ENACTED BY UNANIMOUS CONSENT.
K. INTRODUCTION OF ORDINANCES
_ -
(a) Ord. 88-7 "Repeating KPB 21.05 and Re-enacting as KPB
Program
: Establishingg a Floodplain Management
Flood
_
to Conform to Requirements of the National
Insurance Program" (Mayor Q Req. Planning Commission)
Pres. Sewall noted an early hearing had been requested due to the
April 5 meeting being held in Seward and the relevance of the
j.,.'..
ordinance to that area. A further hearing could be held in Soldotna.
ASSEMBLYMEMBER SHOGSTAD MOVED TO SET ORD. 88-7 FOR EARLY HEARING ON
APRIL 5, 1988.
-
Mr. Skogetad reported Local Affairs Cmte. recommended setting for
hearing with an amendment to be proposed.
Mrs. McCahan requested verification that FM has notified the
Borough it agrees with deletion of some areas in Hikiski from the map
.,
panels. Me. Shelly Edwards, Planning, stated that was true,
effective June 3, 1986.
Mayor Gilman recommended the ordinance not be enacted until people in
- - - =
this area have an opportunity to address Ito he had received calls
from people in the local area regarding it. He recommended further
'
that a second hearing be held at the first meeting in May.
ORD. 88-7 WAS SET FOR HEARING APRIL 5 BY UNANIMOUS CONSENT.
s %
(b) Ord. 88-8 "Amending KPB Chapter 16.60 to Provide for
�.-- - -` --
rocs uses Regarding the Operations of the Anchor
Point Fire and Emergency Medical Service Area" (Mayor)
ASSEMBLYMEMBER GLICK MOVED ORD. 88-8 BE SET FOR HEARING ON APRIL 19.
1988 AND IT WAS SET BY UNANIMOUS CONSENT.
(c) Ord. 88-9 "Authorizing the Receipt of Various
Ur—nts Wom the State of Alaska and Appropriating
$1,04$.,000 to the .Various Project Accounts (Mayor)
- -
ASSEMBLYMEMBFR GLICK MOVED ORD. 88-9 BE SET FOR BEARING ON APRIL 19,
_
- --
8_ --
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15, 1988
Mr. Crawford reported the Finance Cmte. recommended it be set for
hearing.
Mrs. Phillips asked for a breakdown of the item identified as
"Roads/Waste Disposal Repair, $647.000". Mayor Gilman reported the
funds were designated first for the Sterling Special Waste Site but
it was uncertain as to what it would cost, therefore it was written
so the remainder could be used for roads.
ORD. 88-8 WAS SET FOR APRIL 19 HEARING BY UNANIMOUS CONSENT.
L. CONSIDERATION OF RESOLUTIONS
(a) Res. 88-21 "Authorizing the Transfer of Funds for
Purchase of Eqquipment in the Borough Clerk's
Department" (Hodgin*)
ASSEMBLYMEMBER HODGINS MOVED THE ADOPTION OF RES. 88-21.
Mr. Hodgins reported the Data Processing Steering Cmte. has asked
this be postponed for two weeks to allow time for Assembly input
through the questionnaire which is attached to the Clerk's memo and
two proposals.
Mr. Crawford reported the Finance Cmte. discussed separating the
micro -fiche readers from the balance of equipment in order to
facilitate their purchase.
ASSENSLYMEMBER HODGINS MOVED RES. 88-21 BE POSTPONED TO APRIL 5 WHICH
WAS APPROVED BY UNANIMOUS CONSENT.
(b) dame 8o-2rovideiFullhFundingaof thetTrail LakesFish
Fish
Hatchery" (Glick, Sewall, Skogstad)
ASSEMBLYMEMBER CLICK MOVED THE ADOPTION OF RES. 88-22 FOR THE
PURPOSES OF DISCUSSION.
Mr. Skogstad ropbrted the majority of Local Affairs Cmte. time was
spent on this resolution and they recommended postponement to April 5
in order to give residents in the immediate area of the effected
facility to be present. Discussion included Cook Inlet Aquaculture's
C:rticipation as prospective manager and whether one hatchery should
selected for requested full funding when all are facing budget
cuts. The committee is going to contact FRED requesting a represen-
tative be present at the April 5 meeting.
Mark Patterson, Moose Pass. stated he represented the Seward Fish and
ame ATV-rs—ory Board. He spoke in Support of the resolution,
preferring adoption at this meeting due to rapid action of the
legislature on these appropriations. He reported resolutions in
support of the Trail Lake Hatchery have been adopted by several
peninsula cities, as products of the hatchery have benefited many
areas of the State as well as Resurrection Bay.
Mr. Keene asked if the Advisory Board had a problem with Cook Inlet
Aquaculture Assn, taking over operation of the hatchery or is the
fear that it won't be funded for next year. Mr. Patterson believed
the ADF&C was not prejudiced towards the sports or the commercial
fishery. He was against any private organization taking over the
facility.
Barbara Santa, Ninilchik, favored postponement of the resolution.
►e statea Ens Trail Lake Hatchery to currently opperating, and even
with full funding would continue to operate at 202 capacity. The
- - plans- -for - CIAA to- -take -- over- -operation izelude - increasing to -1001
capacity. She noted the resolution originated with the City of
Seward, but if Trails Lake were operating at full capacity it would
also -produce led- salmon which --could -be- planted -in -Bear -Lake--and - -
provide great sport fishing at a different time (earlier) than the
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15, 1986 t
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silver salmon. She was concerned about the timing of the resolution
when the state is trying to cut funding for all of the hatcheries as
well as the Dept. of Fish and Game. When there is only so much
money, to fully fund a hatchery that operates at only 202 would not {
seem as prudent as asking for continued funding for all of the
in danger beinis
hatcheries. She reported Tutka Bay Hatchery was of
lot
-
closed because it was not cost effmctivel there was a o
experimentation and they provided sport fish which in important to
the City of Homer, which was not notified. She reported there are ;
-'
representatives from all fishing interests on the CIAA Board, sport
as wall as commercial. She felt if CIAA would take over Trails Lake.
"
Tutka Bay Hatchery would survive.
_.'
Tom Mears, Executive Director. Cook Inlet Aquaeultuse Assn., hoped
two- Assembly would delay final action on the resolution as it would
- -
be advantageous to allow the legislature to act without pressure so
- -- - -.-
CIcould get back to the bargaining table with the State in order
to see what a contract to operate the facility might look like. He
stated many of the concerns expressed by Seward people are premature
- - — - ---- --
-_
at this stage.
..
Mr. Mullen asked if CIAA took over would sport fish continue to be
Mr. Mears replied that this had been discussed only
iroduced.
nformally with board members but he assumed it would since they
carry a cohos program at the Eklutna Hatchery for the sole purpose of !
recreational fishing and other projects as well.
Mr. Hodgins asked if there was a projected date for negotiations to
- -
resume. Mr. Mears believed the legislature would conclude their work
In 2-3 weeks.
?,
Mrs. McGahan noted the comment that Trail Lakes Hatchery has been
operating at 20% capacity and asked his concurrence of that fact and
"
Mr. Mears reported there was ap
his pleas for the expansion. proxi-
me�ely 20 million eggs of capacity that is currently unutilized. If
into environ-
after necessary studies, eggs from this area were put
ments that were absolutely suitable there might be $15-20 million
worth of benefit to a variety of areas. This added effort might cost
as much as $1 min ion and would be in addition to projects currently
!
In force. He described the affected area of "Cook inlet" as Cook
Inlet, Kachemak Sty, Kamishak Bay, the outer coast of the Gulf of
Alaska and Resurrection Bay. It would reap approximately half the
value of the present production of Cook Inlet. In reply to further
j
questions he reported most of CIAA's funding comes from a 22 tax the
commierciai fishermen levied on themselves. Occasionally there are
(I
specific grants received. Some of the sockeye eggs utilized at the
�.
hatchery are from the Kenai River system.
t{
Mr. Crawford asked if CIAA would be looking to the State for funding
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if they took over the hatchery. Mr. Mears stated some funding in }
this transition year would help. but they could manage with existing ;
revenues or the salmon enhancement loan program.
('
Mr. Skogstad asked concerning the $156,000 figure earlier proposed.
Mr. Mears stated that was art of the original proporal by CIAA to a
- -
telephone inquiry from ADpF&G. -Hie figures for operation of the
hatchery as it exists, come to $230,000 as compared with the State's
$350,000 annual budget.
Mr. McLane noted there was great potential at the hatcheryy which the
Ha felt
state does not have the funds to operate in a minor way. the
{
Assembly should encourage the legislature through contractualg
`
agreements with the aquaculture associations to continue the sport j
increasing tourism in the
fish rograme which were essential to the l
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Sewar - area. He --spoke against quick fixes at budget- time- each -
----
Spring.
Pres. Sewall passed- the gadei in order -to -comment -he-had no- problem -
--
- "- --- ----
with postponing for two =a to get further comment. He noted the
economic impact on Moose Pass which has a small economic base. He
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1(ENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15. 1988 r '
stated the hatchery was built by voter referendum to authorise
revenue bonds and is producing a substantial amount of fish. Tour
boats docking in Seward bring tours of the facility which was built
to be a visitor's center as well.
Mrs. McGahan believed any tima a government operated facility can be
transferred to private enterprise without costa the t
P p costing taxpayers money ":f-
and still increasing benefits it should be supported. She spoke
against the resolution as a hindrance to the negotiations process.
Mrs. Click reported receiving a call from Rep. Swackhamser who site ----
on the finance subcommittee dealing with the ADF60 bud at, expressing
concerns over the resolution being adopted at this time. He
appreciated support of funding hatcheries and has boon working with
Rep. Cato and residents of Seward in an effort to give assurances
there would be approximately $40,000 included in the budget to
continue, through the CIAA, the sports fishing endeavors in Seward.
ASSEMBLYMEMBER CLICK MOVED TO POSTPONE RES. 88-22 TO APRIL S.
Mrs. Valli favored postponement with the hope the sponsors would
submit a substitute of a more positive nature, supporting an amend-
ment to 93410 to insure the sports fishing program will be part of
the contractual terms. She felt that as long as the facility was
owned by the State any contract for operation could include
protection for the sports fishery.
ASSEMBLYMEMBER NASH MOVED TO TABLE RES. 88-22 INDEFINITELY. MOTION
FAILED BY A VOTE OF 6 YES TO 10 NO AS FOLLOWSs
YESs Nssh Valli. Mullen, Crawford, NeGahan, Brown
NO: Phillips,
Keene, Mooek, Glick, Corey. Sewall, O'Connell,
Skogstad, Hodgins, McLane
Mr. Skogstad spoke against postponement. stating there wore too many
unknowns to make a decision at this time or in two weeks as to
whether CLAA or the state should operate the hatchery. He would
prefer adoption of the resolution based on concerns expressed by the
people most effected.
Mr. Keene spoke —in favor of postponement, believing support as
written would be to support some other hatchery going down. He
believed if CLAA reaches agreement with the state for operation all
entities can be served.
Mr. Mullen addressed the fact the hatchery has been largely unused
for a number of years the taxpayers have had the short end of the
deal. The opportunity exists through operation by CIAA to save the
state $350,000 which could be put to good use elsewhere. The sport
fishery in Resurrection could easily be protected and he stated his
preference was to defeat the resolution at this meeting.
Mrs. Mcaahan referred to comments in support of Cook Inlet Aquacul-
tore opperating the facility and felt the resolution needed to be
smanded. Also she found the fourth "Whereas" confusing which states,
"the hatchery would be the logical facility to enhance the sockeye
population in Bear Lake". She recalled it was the ADFLG that
oisoned the sockeye in Bear Lake, and asked whether the resolution
s for or against enhancing the sockeyes in the lake.
THE MOTION TO POSTPONE TO APRIL S FAILED BY A VOTE OF 6 YES TO 10 NO
YESs Phillips, Moock, Glick. Sewall, O'Connell, Hodgins
NOt Nash, Keene, Valli, Mullen, Crawford, Carey, McCahan, Skogstad,
McLane. -Brown
Mr. Crawford reported the Seiners Association represents approximate- `
— -- - - ----- -- ty -30o people -employed--in--the- seine district -which includes- the --
- I_..--- - --- ----
southern portion of the Cook Inlet. the outer coast and Resurrection
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KENAI PENINSULA POROUGH REGULAR ASSEMBLY MEETING OF MARCH 15, 1988
Bay. They have been working with the planning committee of the CIM
Board to find a way to preserve all the hatcheries. He noted the
CIAA Board has representatives from the cities, sports fisheries,
charter boats as well as commercial fisheries. He would like to see
the state fund all the hatcheries fully, but he could see no problem
in the CIM taking over one of them either.
ASSEMBLYMEMBER KEENE MOVED TO AMEND THE TITLE AND SECTION 1 TO STRIKE
"Alaska Department of Fish and Game" INSERTING INSTEAD, "Alaska State
Legislature".
ASSEMBLYMENBER McGAHAN MOVED TO AMEND THE AMENDMENT TO DELETE THE 4th
WHEREAS, DELETE THE LAST PORTION OF THE 6th WHEREAS FOLLOWING
"budget." AND DELETE THE 7th WHEREAS. THE AMENDMENT PASSED BY A VOTE
OF 9 YES TO 7 NOt
YES: Keene, Mullen, Crawford, Glick, Carey, Sewall, McOshan,
Skogstad, Brown
NOt Nash, Phillips, Walli, Moock, O'Connell, Hodgins, McLane
VOTE WAS CALLED ON THE KEENE AMENDMENT WHICH PASSED BY A VOTE OF 11
YES TO 5 NOt
YES: Nash, Keene, Valli, Mullen, Crawford, Glick, Sewall, McOahan,
Skogstad, Hodgins, Brown
NOs Phillips, Moock, Carey, O'Connell, McLane
ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND SECTION 1 TO READ, "That the
Alaska State Legislature is urged to adequately fund the operations
of the Trail Lakes Fish Hatchery, the Tutka Bay Hatchery, and Crooked
Creek Hatchery located on the Kenai Peninsula to assure continued
support of the sport and commercial fisheries in Cook Inlet and
Resurrection Bay areas." AND THE TITLE TO READ "URGING THE ALASKA
STATE LEGISLATURE TO ADEQUATELY FUND THE FISH HATCHERIES LOCATED ON
THE KENAI PENINSULA".
MR. NASH RAISED A POINT OF ORDER TO QUESTION THE DEGREE OF CHANGE
WHICH HE BELIEVED SHOULD REQUIRE ADDITIONAL PUBLICATION.
Parliamentarian McOahan stated that the amendment was germane to the
issue and Pros. Sewall so ruled.
ASSEMBLYMEMBER PHILLIPS MOVED TO POSTPONE RES 88-22 TO APRIL 19.
Mr. Keene objected to the postponement as too late to advise the
legislature on fundings he rather supported defeat and introduction
of a different resolution for the April 5 agenda.
THE MOTION TO POSTPONE TO APRIL 19 PASSED BY A VOTE OF 9 YES TO 7 NOt
YES: Nash, Phillips, Valli, Glick, Carey, O'Connell, Hodgins. McLane,
Brown
Not Keene, Mullen, Crawford, Moock, Sewall, McGahan, Skogstad
Pros. Sewall called a 10 minute recess at 9t10 P.M.
(c) Res. 88-23 "Approving the Grant of an Easement Across
orougfi awned Lands" (Mayor)
ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES. 88-23.
_ Mr. _McLane _-reported the Public Works Cmte. discussed the resolution
and would support the eaeeinent. He stated a fence exists -through the
middle of the requested easement adjacent to the Soldotna Jr. High
_and_. High Schools. He -believed the City of Soldotna would include
provision for taking care of the refencing when construction
commences.
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING -0F MARCH 15. 1988- --
Mayor Gilman added that when the school was built 10 years ago, the
Borough had to financa 502 of the Local Improvement District for
Z
water and sewers now the City is completing the system by installs-
tion of storm drains.
-- _
RES. 88-23 WAS ADOPTED BY UNANIMOUS CONSENT.
-
(d) Res. 88-24 "Supporting an Application to the Alaska
r
state Geographic Names Board for the Commemorative
Naming of an Unnamed Mountain Near Kenai Lake on the
Kenai Peninsula" (Glick)
_-
ASSEMBLYMEMBER GLICK MOVED THE ADOPTION Of RES. 88-24.
Mr. Skogetad reported Local Affairs Cmts. bad a 3-2 vote to table the
resolution.
Mrs. Glick commented she brought this resolution forward based on
requests received from Mat -Su Borough staff who advised they were
considering a similar resolution but felt since the mountain was
located on the. Kenai Peninsula, the Borough should also take a
position. She noted with nearly 1,000 signatures an a petition, the
namin could be accomplished without the resolution. The KPB
Plana ng Commission
_
considered the item and passed on a letter of
- ---- t-
nonobjeetion, was also addressed by the Cooper Landing Advisory
Planning Cmen.
ASSEMBLYMEMBER GLICK MOVED TO AMEND TO CHANGE "SUPPORTING" TO
"EXPRESSING NONOBJECTION TO" IN THE TITLE AND IN SECTION 1. THE
AMENDMENT PASSED BY UNANIMOUS CONSENT.
ASSEMBLYMEMBER HODGINS MOVED TO TABLE RES. 88-24 AND IT WAS APPROVED
BY A VOTE OF 9 YES TO 7 N0t
YESs Phillips, Keene, Walli, Mullen, Crawford, O'Connell, Skogstad,
Hodgins, McLane
NOt Nash, Moock, Glick, Carey, Sewall, McOahan, Brown
(e) Res 88-25 "Urging the Alaska State Legislature and
overnor owper to Approve Passage of House Bill 380,
State Grants for School Construction" (Legislative Cmts)
ASSEMBLYMEMBER PHILLIPS MOVED TO ADOPT RES. 88-25 AND AMEND BY
SUBSTITUTING THE DRAFT WHICH REFERS TO THE FINANCE CMTE. SUBSTITUTE
FOR HB 380 AND ALSO TO AMEND SECTION 3 BY INSERTING THE WORD
"Immediately" AFTER "sent" AND ADDING MRS. GLICK AS AN INTERDUCTEE.
Mrs. Phillips reported the substantive charges in the substitute was
a provision for a two year extension of the current moratorium on
future debt to develop a new school construction program, it creates
a task force to work on a new program and establishes a school
construction account in which the Governor to required to include
funds to fully fund school debt retirement in the general appropria-
tion bill submitted to the legislature.
Mayor Gilman stated he believed the Governor might veto CSSB 330, the
school appropriation if the legislature does not adopt a change that
will give the state some control over future school construction debt
and pupil transportation. He felt this might be a compromise the
Governor would accept. He believed it was important to let him know
this bill is still supported.
THE AMENDMENT PASSED BY UNANIMOUS CONSENT AND THE SUBSTITUTE WAS
ADOPTED BY UNANIMOUS CONSENT.
(f)_ Res. 88-26 "Authorizing -the Waiver of -Professional -
Mabil it Insurance Requirements in the Architectural
Engineering Services Contract with Wirum b Associates
for the -New_Seward-Elementary-School" (Mayor, --
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15.-3988
ASSEMBLYMEMBER MCLANE MOVED THE ADOPTION OF RES- 88-26.
Mr. McLane reported Public Works Cmts. discussed the resolution at
length with a unanimous vote to defeat. He stated in the scheduling
of school construction there is the opportunity for the architect to
If
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fulfill the insurance requirement or withdraw from the project. a
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different architect has to be selected. opening of the school need
not be delayed.
Blake Johnson. Nikiski, commented the Borough has paid Wirum 6 Assoc.
over 411 mllLion for the two schools just completed and he felt the
architect should be able to afford insurance. In regard to the
change in roof designo there could be serious liabilities. He
believed there should not be a change in policy at this time.
' 7
Mr. McLane noted there is a problem with declining jobs for firms to
raise the necessary revenue for errors and omissions insurance, but
he felt it was inappropriate to make an exception for the architect
when others are required to provide it. He noted when the building
was originally designed as a prototype the Borough paid for it and is
- -- — - - --
not obliged to hire the same aichitect for modifications.
Mrs. McGahan pointed out in the contract it was specified the
architect was required to have professional liability insurance and
She
thus, when Mr. Wirum accepted the contract he knew that. also
'.
expressed dismay that on other projects architects had let the
Insurance lapse prior to completion date.
Mr. Crawford reiterated Mrs. McGahan's consents regarding lapsed
Insurance and asked if the Public Works Committee bad discussed -
requiring the insurance for the duration of the project.
Mr. McLane responded that the borough has bad a Be"statyyppe"
contractual arrangement with this particular consultant on this
school. Therefore the consultant was no in violation at this point.
He further noted the consultant had brought this forward rather than
just letting the insurance lapse as others had.
Mr. Crawford asserted perhaps a waiver should be granted if the
consultant was going to let the insurance lapse anyway. He asserted
the consultant was --still responsible for the work.
Mr. McLane confirmed they were indeed still responsible, however, if
a liability situation does arise the Borough would probably be the
one to sue. Generally, the Borough is sued and eubeequently the
Borough sues the consultant. He cited one instance in which on the
Homer High School. the Borough recommended the contractor bypass the
e
Borough and sue the consultant at fault who did have the professional
R
liability insurance. He noted there are architects in Anchorage who
are intimately involved with this prototype who do have professional
r
liability insurance.
(�
Atty. Boedeker stated the contract did require the consultant to keep
�i
the insurance during the insurance but not after its over. He noted
with this type of insurance, claims are only paid during the course
of the insured project not after the insurance has lapsed. An
architect can buy extended discovery coverage to protect against this
situation for a period of five (5) years. However, currently the
premium is 2002 of the last annual premium. With declining public
works projects, architects don't have the cash flow to do so: Within
the last four (4) months, most architects in the state have let the
insurance lapse. Per Mr. O'Connell's inquiry, Mr. Boedeker advised
errors and omissions insurance covers not only the government
projects (which require the policy) but other projects in the private
sector. He said typically, the architect spreads the cost of this
insurance across all projects but tends to more heavily assess those
—------------- --:
entities that require -it. - - -- - -- - - - --- -
1
Prsident Sewall asked if consideration had been given to not
- -----...� -- --' - - -
- - requiring - the insurance -and Mr. -Boedeker said- serious- consideration - -
had been given to not requiring the insurance on this project.
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15, 1988
Aseemblymember Carey urged defeat of the resolution believing the
assembly should not approve a waiver of insurance and subsequent
liability exposure to protection of the public's property.
Mayor Gilman said although he had not problem with defeat of the
resolution it should be realized the steps involved an Mr. Wirum was
not going to buy the insurance. Therefore, the Borough would have to
go back to the school board and go through the whole architect
selection process again. He felt in the end another architect
selected would be more expensive and in fact insurance coverage would
be paid by the Borough in higher fees. He further noted he would not
enter into any agreament with an architect until the legislature
provides funding for the school.
President Sewall said he didn't feel the body would necessarily
require an architect with insurance. but it didn t want an architect
who changes conditions of contract requirement provision.
Atty. Baedeker said while the Borough doesn't have a contract
continuing this phase. -but the new phases for these documents would
be continued under sort of a form master agreement governing later
stages although no fees have been negotiated.
Assemblymember Maack expressed sympathy for escalating insurance
Costs impacting all the business community but felt the specs had
been there at bid and the cost should have been incorporated in the
bid.
Assemblymember McLane advised Mr. Hakert had received a letter from
the consultant (Virum) reducing,the basic construction document fee
from $168,933 to $156,543 to reflect not providing the insurance.
Atty. Baedeker felt certain facts should be brought forward in all
fairness to Mr. Wirum. Mr. Wirvm initially signed the agreement at a
time where, if the project had gone as per schedule, the Borough
would currently be doing final inspection on the project. The
groject was delayed due to the bond proposition failure. The firm
as been retained over the past year -and -a -half in a "hold" pattern
and conditions have changed.
Aseembiymember McEthe said if a new RFP (request for proposals) is
needed for consultants to bid, it could be specified there be a
reduced limit or have consultants bid with insurance ($500,000) and
without insurance. Then, all consultants could be equally weighed.
Per Mr. O'Connell's inquisy. Atty. Boedeker said 01,000.000 coverage
would cost the architect 559,000 with $50,000 per claim deductible.
He further noted Maynard d Partch's bid including a $95,000 cost for
Insurance. CCC Architects, due to the number of architects and
projects and length of existence, reportedly broke up because the
cost of the insurance was reportedly about $390,000 annually. He
clarified Mr. McLane's comments regarding a new RFP. He said it was
up to the school board to determine who would be invited and
considered.
Aseemblymember Moock asked Atty. Baedeker if the school board were
selecting an architect without the bid process or idea of cost.-
Atty. Baedeker said in large part they did although they do look at
that component. Mr. Hakert said the school board review and proposal
process starts with a RFP request by the school district with the
contract attached and varioue criteria response requested. The
response and documents are reviewed by a team of five (5)
individuals. The firms are rated and shortlisted and then Tom
Overman rune those architects past another review panel of
principale. teachers and members of the parent teacher advisory
- boards to -come-to- a --further selection.- -This selection te--presented
to the board of education. One of the five factors considered is a
fee proposal, in addition to philosophy, approach, manpower. etc.
President Sewall cautioned members to stay close to the subject
matter.
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15._1988-
Pros. Sewall passed the gavel to Vice -Present Carey. j
Assemblymember Sewall said he'd come to realize the circumstances 11
that would be faced if this resolution were defeated entailing
etarting the process all over again. He urged adoption of the
resolution.
Assemblymember Skogetad asked Atty. Bosdeker what the past track
record of Mr. Wirum with the Borough. Atty. Bosdeker said in his
experience given the circumstances hare, the fact this is a
prototype, and the architect's reputation it probably was an
acceptable risk. Mr. Skogetad said in earlier conversation with Mr.
Hakert the Borough would be looking at a minimum of $160,000 to
$170.O60 in additional costs by changing architects.
Assemblymember Hodgins reiterated earlier comments by Mrs. Mc9shan
regarding the reduction of 612.000 in architect fees. as felt there
was a responsibility to the public to make certain there was adequate
insurance coverage.
Assemblymember Brown asked if there would be anything- wrong with
reducing the amount of professional liability insurance and Atty.
Baedeker responded no.
ASSEMBLYMEMBER BROWN PROPOSED AMENDING THE TITLE. STRIKE/ADDS
"AUTHORIZING THE (WAIVER) REDUCTION OF PROFESSIONAL LIABILITY ..."s
STRIKE/ADD 4TH WHEREAS, LINE -'li"to be in the interest of the Borougb
to allow (waiver) a reduction or"I STRIKE/ADD SECTION 1., Line 4
"professional liability insurance including (waiver) a reduction of
those..."
Assemblymember Brown said per his understanding, Wirum had been far
below other bide.
Mr. Hakert said Mr. Wirum had deemed it unfeasible to buy the
insurance and he'd have to drop it although at that time there'd been
no indication of a lower level. He had indicated if this meant he
had to give up the project he would probably do so.
Aseemblymember Nash asked Atty. Baedeker if it were possible for the
Borough to buy soma kind of insurance to cover architects, engineers.
etc. Atty. Baedeker said it was not possible. Mr. Nash said he felt
it better to defeat the proposition and go through the RFP process
again in order to maintain the integrity of the process.
Assemblymember Moock voiced opposition to the Brown amendment again
stating her disapproval of altering the process in the middle and
possibly precedent setting.
THE BROWN AMENDMENT WAS DEFEATED ON A VOTE OF 13 NO, 3 YESi
NOt Nash, Phillips, Keene, Walli, Mullen, Crawford, Maack. Carey,
Glick. McGahan, O'Connell, Hodgins and McLane
YESo Sewall, Skogetad and Brown
RES. 88-26 WAS DEFEATED ON A VOTE OF 11 NO. S YESt
NOs Nash, Phillips, Keene, Walli. Moock, Carey. Glick, McGahan,
Hodgins. McLane and Brown
YESs Mullen, Crawford, Sewall. O'Connell and Skogetad
(g) Res. 88-27 "Approving the Flat Roof Alternative and a
8- < ng ormat for the Seward Elementary School and
Increasing the Construction Document Budget" (Mayor)
ASSEMBLYMEMBER MC LANE MOVED ADOPTION OF RES. 88-27.
- Public --Worker Chairman McLane- said the- committee -recommended--Res-.--- -
88-27 be tabled indefinitely as it is tied to Res. 88-26.
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' KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15, 1988
Blake Johnson Nikiski, said he didn't understand the necessity for
t eo73,000i�or the roof.
ASSEMBLYMEMBER MC LANE MOVED TO TABLE INDEFINITELY.
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Per Assemblymember O'Connell's Ingwiry, Parliamentarian NcGahan
advised the Assembly historically has used the motion to table
indefinitely. However, she said Mr. O'Connell was technically
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correct that in Mason's the motion should be "MOVE TO TABLE" (no time
qualifier).
ASSEMBLYMEMBER MC LANE MOVED TO TABLE RES. 88-27.
RES. 88-27 WAS TABLED ON A VOTE OF iS YES, l Not O'Connell voting No.
(h) Res. 88-28 "Re nesting the Commissioner of the Alaska
spaD Ytment of Fish and Game and the Governor of the
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State of Alaska to Direct the Department of Fish and
Game to Proceed with Previously Requested research.
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Iand
Feasibility Studios to Determine the Potential
for a Salmon Enhancement Project at the McNeil River/
Lske System, Lower Cook Inlet" (Crawford/Keene)
ASSEMBLYMEMBER CRAWFORD MOVED ADOPTION OF RES, 88-28.
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Assemblymember Crawford said he had brought this forward at the
request of the Seiner@ Association. He said there is a conflict in
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the fisheries resource in the McNeil River area. Traditionall , he
it had been fisherysince
said a the early 1930's. He said I? this
to
project were proceed. fishermen would not have to go up into the
bear watching area to harvest.
Msembiymember McGahan said she felt this was a complicated question
didn't have
and she enough information to feel qualified to vote on
the issue..
,.;
Pros. Sewall passed the gavel to Vice -President Carey.
ASSEMBLYMEMBER SEVALL MOVED TO POSTPONE RES. 88-28 TO THE MEETING OF
APRIL 19TH.
As ember Phillips spoke against postponement noting the title
vas asking for research to be done so more information would e
o b
available.
,.
Assemblymember McLane said what would be incorporated in the research
and feasibility studies would effect his vote on postponement.
Assemblymember Nash asked the sponsors if the resolution could be
postponed for one meeting to allow the public to comment.
Assemblymember Keene said the concern regarding postponement would be
-
that the Spring is the optimum time for such studies.
THE MOTION TO POSTPONE RES. 88-28 TO APRIL 19, 1988 WAS ADOPTED ON A
VOTE OF 9 YES, 7 NO t
YES Walli, Moock, Carey, Glick, Sewall, McGahan, Skogstad, Hodgins,
and McLane
":.. ...:. ...:. ...:.:.....'::.
NOt Nash, Phillips, Keene, Mullen, Crawford, O'Connell and Brown
_
M. PENDING LEGISLATION
'
(This item lists legislation which will be addressed at a
later time _ae.stotedl- not- for, action.at_this.meeting..)
(a) Ord. 88-5 "Amending KPB 2.08.120(0) to Remove the
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------Reatriction_that Public Comments -Under That -Agenda - -
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Item Be Restricted to Matters That Were Not on the
Agenda" (McGahan/Sewall) HEARING 4-5-88
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15- 1988 -- - - -- - ---------�__
(b) Ord. 88-6 "Accepting Grant Funds from Alaska Depart-
ment of Education to Provide a Wheelchair Lift at the
NinLIchik Elementary/High School" (Mayor)•HEARING 4.5-88
N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON .
THE MEETING AGENDA
0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT
CONTAINED IN THE ASSEMBLY'S AGENDA - P. MAYOR'S REPORT
(a) Revenues and Expenditures Report
Mayor Gilman indicated receipt of a letter from Lutheran Hospitals
and Homes Society. notifying the Borough of formation of A separate
L-..Alm all .ea..-aw.e-et esntYActs. ,
f
COWPBA . LA.1 WWV._J,# - ..o..--v --- w.�..- _�_�-_ ` � - - -- - - --
Contra Peninsula General Hospital will henceforth a managed by LHS - -
Management Company. Mayor Gilman noted this was a ior-profit
management company. i
Secondly, he pointed out ea agreement to participate in a planning
effort. subject to availability of state or federal funds, for
i 1 s the
hovercraft operation in the Cook Inlet. The agreement nvo ve
Kenai Peninsula Borough. the Ma Su Borough and the Municipality of
Anchorage. He said he was particularly interested in the possibility
of delivery of people and goods to the Beluga area.
Lastly, he indicated a meeting would be held March 16. 1988 in Juneau
Involving Anchorage and Fairbanks discussing a number of things
including the "railbelt coalition's" priorities for funding. He
advised although not attending he was forwarding the following
message. "The Kenai Peninsula Borough is a second class borough wink
limited powers paramount of which is education. The legislature has
seen fit to approppriate in excess of $625 million for education -
This one bill. S.B 330. contains approximately 602 of the Kenai
Borough and Kenai Borough School District's Budget for FY89. The
Governor has indicated that he would veto school debt reimbursement
unless H.B. 380 br similar legislation was adopted. Anchorage and
Fairbanks opposition to this bill has jeopardized the school
reimbursement. Un 11 such time as the school funding issues are
resolved. the Kenai Borough cannot and will not become involved in 1
railbelt coalition to 'develop the plan for recovery'. I support the
concept of cooperative planning and action approach but to form a
coalition outlining demands from the legislature on the 66th day of
the 120-day session is not likely to work. I would hope that we
could support the Alaska Municipal League policy statements dealing
with municipal revenue sharing and assistance and try to convince the
legislature that these programs are well thought out and beneficial
to all municipalities regardless of their location.
ASSEMBLYMEMBER CAREY MOVED THAT THE KENAI PENINSULA BOROUGH ASSEMBLY
GO ON RECORD IN SUPPORT OF MAYOR GILMAN'S STATEMENT. THE MOTION WAS `
ADOPTED BY UNANIMOUS CONSENT.
Q. OTHER BUSINESS
R. ASSEMBLY AND MAYOR'S COMMENTS
Assemblymember Brown noted a teleconference on March 16 involving
Senators Kertulla and Szymanski and Representative Zawacki. Ha
advised he would be bringing up the concept of a "free trade zone" at
the next meeting.
Assemblymember McLane said perhaps in the past the Assembly and other
ublic bodies have meddled too much in the roof designs of schools.
-go said there are some robin designs with some minor maintenance costs
on earlier prototypes - specifically. the K-Beach Elementary School. j
He hoped_in_th�.uture _money would_ stop being spent on redesigning J
the prototype. He felt the design shoulUbe-left- to architects and - -
engineers.
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15, 1988
►•
Assemblymember Hod�giins requested that at the earliest opportunity the i
Borough meet at the Nikiski Junior/Senior High School. He further
noted those members not wishing to comment on equipment purchase for
the Clark's Office should not make comments subsequent to purchase.
Assemblymember Skogstad remarked on his trip to Juneau and progress
of school legislation. He advised of negative legislative comments
on inclusion of the Seward Elementary School in the Governor's
capital improvement budget as the borouggh has a surplus in the
budget. Additionally, he said the $955.000 in Governor's budget for
hazardous waste cleanup on the peninsula may also be in jeopardy. He
said it appeared the State is looking at $200 million deficit in
revenues, including spending the railbelt energy fund, based on $15 `
per barrel oil. He stated his appreciation for Roy Barton and Don
Thomas. j
Assemblymember O'Connell gave notice of reconsideration on Res. f
88-26. to allow comment from school administration. He asked that a
resolution be drawn up to rename the new high schools to junior high
schools. In regard to talk of "full entitlement' on debt
reimbursement (90-91x) he reminded members last year the message had
been loud and clear ii additional monies were received it should be
used for debt retirement and not for operations. ;
Assamblymember McGahan noted if the Nikiski Junior/High School opened
it would be with 391 students of the 400 projection. She further
advised when Soldotna High School was opened it had a projected
enrollment of 300 students.
Assemblymember Phillips said there was considerable discussion in
Homer to ask the DOTPF to reposition one of the southeast ferries to
Homer to run the short rune in Kaehemak Bay. She stated her support
for the Mayor's comment on the railbelt coalition. She thanked Roy
Barton and Don Thomas and their families for their many years of
support.
Assemblymember Valli asked the attorney to check on H.B. 45. Alaska
Business Bidders Preference, being amended by the legislature and the
probable act an the borough. She. too, thanked Don Thomas and Roy
Barton for their many years of service.
Assemblymember Mullen commented on the tour of fisheries from
Resurrection Bay to McNeil River. He felt it was a learning
ex erience for some people that the fisheries have proved to be a
mainstay to some of the economies.
Assemblymember Crawford advised he had received confirmation from the
Governor on his appointment to the Coastal Policy Management Council.
He said council material still listed Mrs. Glick as his alternate and
he bar asked that she continue to serve in that capacity.
Aseemblymember Moock requested an excused absence for April 5, 1988.
She reminded members the Sales Tax Committee would next meet April
16th at 7e00 p.m. in the Civil Defense Room. She urged anybody
having any recommendations to give them to the Clerk so they might be
Included in the packet.
Assemblymember Glick on March 18, 1988 a teleconference meeting of
the Kenai Caucus would be held. She complimented both Mr. Thomas and
Mr. Barton for their service and also Mr. Sam Best and Mrs. Jean
Ward.
Assemblymember Corey noted the four retiring individuals had 80 years
of service to the borough. He asked Mayor Gilman if in the future a
memorandum could be provided regarding the Funny River Fire service
frotection. He said while attending the School Construction Task
orce -Committee meeting- two weeks ago -fie-was somewhat alarmed- with
the report of the problems with the school.
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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF MARCH 15, 1988
President Sewall added in addition to the Funny River fire service,
information be provided regarding fire service provision to the Gray
Cliff and Moose Point areas. He indicated he asked Mr. Boedeker to
look at road improvement powers as authorized by the voters a couple
years ago as there has been interest expressed. Additionally, the
question has been put forth if an assessment were approved (up to 1/2
mill) could these monies also be used for maintenance.
Mayor Gilman said a memorandum would be provided regarding the Funny
River fire service. those individuals would receive refunds.
Individuals in Moose Point and Gray Cliff were preceded by the fire
service area.
Assemblymember Crawford acknowledged receipt of the revenue and
expenditure report and urged members to return the Clark's evaluation
forms.
S. INFORMATIONAL MATERIALS AND REPORTS.
(a) Bid Tabulation - Fertilizer 1968
T. NOTICE OF NEXT MEETING AND ADJOURNMENT (April 5. 1988)
President Sewall advised the next meeting would be Appril S. 1988
7;30 p.m. at the Seward High School Auditorium. Mesting rooms will
be provided for committee meetings.
President Sewall adjourned the meeting at approximately 11855 P.M.
Date Approved •
ATTEST:
borough er
onat an W. Sewall,ssem y ree ent
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Laqw"11&AITIVE BuRaTIN
ACTION SALL
Legislative OutWIR4
APrll t,
• A stsolal Nttsistive tultotin rss sent VA Tuodsy, April $00 inhaling
IA AItL i! rsoas ird A Y .levels for aaniefltsl seafsesncs and rwwmr sharing along Mfth Itsarasslng eve minlaaw
antittam�ants wdw the rewiws shertng program. Instudd was on wW t lass for personal, visits dour to JuleMs.
lofts► witfng smmplvm, d /bans aN/o tram att *Iwttd and apppolated odor ainlafpmt officials to the 4VV*r r
am tsiiislatgra, aspeaiolty tea Hnonas Caldtt" Nabors. TM budget dismutel" we at SIN fordront of tha action
in Anew in ehasr wean♦ daym of the *mien. TM AMOS otrwifth is in and mro wd east decisions are luaWd by
Valve of Iammimtratad Interest. no first resatlan is Heather Ptynnts letter can Thursday from speaker ten
hwmdtrf do aid, all the Aft really swim In ro*mtirg an additfonst So sittlows tot j hie w and
M a& . W& lability. ttm raga in section gait* io last .dc*s guilstin on this MIA. ItAmed cut of Noune Nm
this we (ass bslw) but its fats is for from certain. ►loses rwisw the Cs tatt"W)l contact lmpramantative tusd,
Chair of the Judlelary Cdttea, t* get s Mwlng) d contact year raprse""tvas ad monsters and UM them to Pass
oho bill befo s soong base far ro•otestien.
w An • Regional lowade Aestatw" program. This legislation UgNmagntg the Mfs AssOIR program W statute, but
it is stuck in hams finssma. The tonsto has rat included do 13O0,W 1" ohs bWN1W to fund the regionmt grants,
and there to no aararoble bill In the Nouns. The legislaNan i! en trouble but dmsarvw our bat efforts to try to
Got It passed. Contest Water* Nolford and sinkterf
RILLS iN IN NQUIS
Ns US • Cremetne public school buffer account. Nip reported tea bilt out on f/31. Raferrad to PUwneo.
No 3y► • Appraimistion for public what buffer aesam. Nip ropwied this out on 3131. Reforrad to Hnanct.
NR AOA • ljE� retief. Nip CcmdttM passed cut a ao antes wbotftuto for this AM -priority bill an A/I. Cs Ng 406
(Ntst) does net include eogtlon 1, which MIL ppesed. The aubatitute says that no actions based on the decision to
take or fail to take in intaslated or iniapacitatd penman into pratestiva cwtady (Or to retesee a person frae
protective custody) my be brought "Ion the decision Is amde esticicuslM TM epwaw of the substitute bill,
Rap. &uwftn• is eauasrsseA shalt providlrg abeatuts Issnity and fasts that the standard of. *wtICN Is enough
higher dnon the •nsgtigsn -standerd to provide ad"sts protection for mmiclpotttiea. A nproewitstiw of the
oepsrtsw vt of Low . slprsmaM his 66100rn that alsHelpmt sttameys Mitt asntinar► to raaemsond that poke* protect
themselves and the municipality by taking marginally Imapsoltated persons into euetedy and, ftsa, the situation Montt
two 8-8.
A�ma staff needs Iroue �„tlwa aostiati t= mmmWft, Tho bill now arm an to the Judiciary Committee,
--*Am-dw Vord 46---than sours-ealloors-amy--tand-to_ba- .mush_mws eansarvative. in- IMnttng_Iwpnity. to _isssietpatlNes. --
This is @Wng to be a tough fight AND N N1Eg NRV f10ii ALL OF TOY IF TNIt INPCIIANT PIECE OF L1118LATICN is GOING tO
CET IAsM TNit VW. The Administration is timidly behind it, but there we many hurdles !heads first, even getting
It seMduled ifl *me Judiciary (contact 1p. JoM Iwo Own dent it through that cwmittes-(santeos--
sud, Ulmer, Cotten, wuw&m, Navarro, swims, and Taylor)= gstttnr It waived or, at least, whsduted eve through
Now! Inches (contest top. Adams, cheir)l and than getting It through the same sort of process in the senate.. Nany
of the hurdles could be eliminated if the majority caucuses In save haws wero behind the bill •• to wmurm that, you
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Logislative gutlatin 1 16•11 • 2 • April a, 1"$
nesd to *"act your total representatives and senators, especially if they an in the anjority. Nora an this bill
toll week ."tall l We passed..
aid your voices to that of ANL stsff' to fnoraas cur offaetivwmsl I
Ng -*if• CIV14 liability of certain volunteers. Lobar a Camaeee offered a substitute an 4/6 Corfefral sponsor i.
- - ', .vtsi�): gofMrrod te �udlalsry. t
a In », Aleas Nunloipl Sad ft* Amthxity. IRA reported out a ebstitute on 3131 corl9inet sponsor State
#f efft). It add to Ineraasnts r an Atisombta "Wity for bands issued by the"anmtherlty. *starred to State
Affairs and flatware.
i
ub so • Nstiftsetfen- of asployses In .cases of prtvatintien of Savwnwnt fenatlons. Labor .a Commerce offered a I
wlstlu to Csrlgfnal spstior Labor ad Coo tree) on 4/1. The bill would require an apleyer expeatlne to $mike a
wistsntiat eilwhp in business aativlty to provide written netts at tenet 60 days in ad-m-. An aplayer whe falls
- to peavlrt itelh written "*ties is-lfdAft for am smnthes-savnrwiea pay. - Goverrwmeat amities that choose- to --;
privotiae aativitles mitt also be required to provide 60 days notice to Moir aploysn or be liable for soverenee
ply. -Referred to CWt. {
+
090 • gpaist appraprlatian to satisfy eanditienet exuMltiansl detsfwtnstian of federal government. firwnae
reported tab bill at an 4/7. Referred to Was far sehaAding.
i
QLLS iN 1*9 own i
0 340 • Civil liability for WOntars for INWiding on*rpncy mvfees. Labor and Caesares reported out CS Ng 340
(iudislary) an 3131. Referred to 1119.
a S23 . preference for At"" roaysisd pfa*ute. Labor a Cates "ported tab bill out an 417. Referred to
ilnwmaa. -
0 344 • R"Istratien and listing et subaantraators. $Uta Affairs repsrtaal tab bill out an 4/7. *starred to Labor a
Caeqmroe.
M M • Nxaptlen of anfoipatitin and pollNcal oubdivlaiar free PPA. StateAffelfa ropertad tbo blil aut an
4/7. Referred to WtA.
p 4% • Speaiat spproprlotion to MX to satisfy federal requirannto. M= f$ferrel wlvad, upon N*Mt. Nil now
Soea to finance.
i
119 498 • Lad In public motor systems. introduced 3131 by Labor a Commerce, the bill would said A/ 16.60.705 to
prohibit the was of a pipe or pipe fitting with we than 6 psresnt load or solder ar flue containing are than .2
We" load in tab installation ar repair of a "Ifs water system or in any focfIfty that provides water for hnmro
twW ptioo. A pubtfe motor systsomated be required to notify persons do eight be offsated by lad cantsefnatlan of
their drldubq motor about the saws of such eolntminstlan, the potential adverse !with effects, _mthods Of
altlpting three offt", the step the spates is taking to altlNte toad content, and the necessity for seeking
alternative water ahpptin. Rsfsrrod to Labor S Caanrea and finance.
0 500 •'Atlaming aniclpalities to grant tine oxamptfonno for certain interests in low•inneeim busing.Antroduced 417
by tab em mlty A Regional Affairs Cosnittes, this bill would amnd AS 10-45.030 (a) to give aunlclpslftfes $pacific
awtbwfty to arompt possessory Interests in low•Iences , housing projects fraa municipal taxation. Longrtir residents +
In acme projects can develop a possessory interest in their residents. For instance, in ace of Of housinng pro, leeto
aped by ragianst native corporations, a person who continues to live in ad pay Pont for a house for tuotI-ffvb
"we pets awnwfMip of the property at the and of that ties. Nunfcipstitles 1n Alaska $rant tax exemptions for this
typo ei-i"eir«t fn-ta�pliieasa-iiowaTn� pre s—t0 s )Sow, -but roeah3-Attorn$y- C�ilri op n cif "rw at- ay -sou "oat -- ----- ---,
continue to ego so without a specific exception. federal law governing grunts of faderal funds for tow•ineoa housing
- --saymfthaE if-eunlotpl#tics levy tax" MV-such-projects-they- -wilt-not-V any-sora---fadsrat-fatWd-T1wSonsts._9W--------� _--------------------- ---
Camsittes will hold bearings an this bill next .walk (4/12), and the New CARA Committee Is expected to introduce
parallel laglslatlan and to gout it rapidly also. Nowaver, the ties seining Is wry short. please look this bill
over and tot your lagiststora know how it 1s important to you and your aomemnity.
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mow+. Lagiststivoe Nulletin 0 16.11 .3
1 I wO m COMITM WMIMf/immim
wit S, 1*0
t Odle 403
i M in ttaetion of ptemttil emissionsTueadsy, April I!
Joint rooting with $snato_CRA
TstocoMossnee ,
IN11a Mwantta pay when butinaaNM a WNW.
} Ni 331 AppraWff 90 "VOW shWfwoobssl old
( _ - is 3M Salsasl begs driwrss sNSas/ro
ticanais» Noswlmy. April IV
Ml 313 flahol'iag "Ira@ tam attention (ponds l refarrnU
Ill 4N gharisr fisheries bwiniaoo tom info with loos gerMSleMnts - - _
NS 318 1sMrgy otfieisest hparssgsity fold 1Waday, Wit 12
M 31V AppraWwwp officient home equity fund
M 40? Creating sohest Meonnt in permanent fund
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STATl AffAIN cmitot IN NMl• 3 -
M LM Nmicipst Bred lank Authority ��' wi
_ - - Rea ON TAm au 3: o.n� Court 603 � .�
M M pragrep, lot par aa, dMignated grants
OUTi 4011111M OUT1NOS/1 MINGS
SM txorptien free municipal tax an tas•Intoreat
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ML NSW .. .
�u►s GNf W=. The mnlcipatitlas listed below have been drappad fran ML WM n*ip for non•payMnt of their •
I M Outs. Nsah@ 1p ranwl notion can sent in Septssbar and spin in Jantmry and NerCh, with the reminder that
any mashers ►fie had not paid their dull by Nereh 31 would be dropped fro sssslWahlp. ile dnpty regret that than s
aadeipalities have chosen to leave the Leal" and hsK� abet they will rejoin. Those sga eb cheese to rejoin will be
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rmquirsd to pay the full year's dull. This is the tat ANL pubtlestion that will be sent to thMo comranitin.
Na+i•aasbsre are no tarps stiSibte for participation in the currant ANL insurance hograia, nor are they oligibl , to
Join the ANL Joint Insurance Association, schsdaled to be in operation se of July 1, IM- I0010111611tiM that how
bmdrommil fret orsaharalp includes Akiak, Anisk, Angoon, Anvik, arovig Mission, Clarks point, 0osrims, 14, i
gMbell, Kaehsmwk, Kaltse, Klons, Klwoek, Kotlik, Kwthtuk, Lowy Kelskag, NOMV%k, Ntpsklok, Nwhstenj Noervik,-
Nultiaut, Mospitclwdt, Port Alaxmder, gst elk, $hWtuk, letter, Togtak, Tdneock gay, and tales. If you nosd
inferaetlen an eambsrdnlp, plane Cott Phyllis Larson at ANL, SW1325.
The folloring firms and or/anitatlasr, sOnteA wan formerly A000elate Mashers of the Alaska
Municipal League. have not renews d their Mmbarships for 19M and were dropped fray the membes'shtp rolls, Of Of NOW �
__.....__ it,. /arJNting to pay their 19M dulls Alaska 100, Alaska Nudcipat Attorneys Association, Alaska Chapter/MA, Mnott
Istud ildwat District, Nadi of AnerTee/V�iitia7inancs, ttChar and Cotpas►y. Zhathaa tehe0l OHtFiCa,-Coopers-and -- --- - ti--...-- - -- -- -- --_ ._...--.--_...._.._
Lybrand, Capper giver School District, Ooin soamorth, Inc., iditarod Area School District, and John Nuvosn and.
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this to the loot AIM. publication those former Associate Maabers wilt be rasivinl. Me regret that then Lolow
friends and $Wwtere haw chcoon not to participate this Veer •• our Associate Nsebers provide good resources and
important services to help improve local government in Alaska. if you neW information about becoming an Associate
maabar or sewing your sabarohip, please call Phyllis terser at SWI325. rl
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Loglstative Bulletin • 16-11
.4.
NIL JOINT 1MMIRANCt-AtBNINION NEW .. .
0
April B, 1988 r
Tb Aib Joint Innmoo Association to gathering momentum as the deadline far pwifsfpotion* draws star. It. Nory's
wat &Ali$ Joined the list et pwtieipw" wM agnloted application packets by Natoli 31st. $W* than, Alaknogik,
mold, Bottles, Craig, Amw w, and tM Onal Ponfnwto have jelmd. Far !hots keeping track of their Joint Insurance
Association m doorshIp, these bring the teat peretetpants to ierty-threes AlebMik, Angeon, Narrow, Oaehal,
Osttles, graft, •ogle, slim, fatrlwhes Fairbanks North Star brough, Nstnes (city), Nolnom Bareugh, limper Bay,
Numlis, Jnwaaw, Kobe, Banal Peninsula Sorou** Katchiken gateway Sommo, Kodiak (city), Kodiak island Baroutih,
Katg", Nawaain Vftlop ow wo, Mavens ftMto Behmets, Newhdon, Nikelef, Ominkfe, FeteraburK, palm", Pelican,
Mines So" blatrist, Fart Llano, autnh•gak, St. Nory'a, Sidmot, *Apw, Botdotne, Thorne Ow, Tonakee
Springs, Unetskieet, votdoe, Vasilte, rand Whittler.
Potential t ow$ ware am an thew participation packet an April T. If yaw have not atrosdy joined, plea* review
the IMaslatlan. VA nw daadltra for participating in the progros is grit lath for the astuartat and property
ledsrmftjw edAprlt Sind for a ahnW ordimenas/ro station,-eooperative - — --, and --.- of -understanding.-
The sumust be signed and rebmmd, welving the SO-dw rwtw period dA to sate wdiufen, These partiotpints
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wilt have WAII April no to decline participation ens they receive their matisnted wnmt deposit contribution or
4W*. hrtislpantc, thaw Om submitted their material by North 31st, were sent copies of proposed bylaw and
cooperative opreamant amandments along with a bottot to strewn If they de net approve of the mend ents. Alt others
ware vent the amendments for Interaction.
The ML/jIA_bes.eantrasted with former Rtote of Aloft Risk Narwtor and Director of inwrm s Jahn Oporto to sosiat In
the final Impla wastisn stages of the JIA. John, ANL/JIA Inaurann Administrator, eon be reeehed at the AM office
od is ovati@Me to wow any questions you hove regarding the program, your quote or the pot toy two,
olm im 0. .
ft.. mtder afar* a rMmd to m. mowAdstnillgara. Nnnieipat emnage►a/asotMstratora who would like
emaat, assoau to listen to their p Nos, or a new peropaotive an psr mt and prefmienst concerns are
snows" to wntwt the Range Rider Fregram. Reeky Raxtlerrax, foster mawtor cont, later, sayer) of Sltka and
NaNMionar of BOTPF, has been noaod as the flest Iwo RIdr In a nee program sponsored jointly by the Alaska
Nunletpal Naw9 - - Association and the lntanmtiafst City Nenrgemant Association. initial fwdlng for the program.
has been provided by contributions from these two organizations.
The Range Rider will be ovallable to not periodically with individual senators to discuss the, profession and
maagemant eememm. Discussions my rue from "Ion with stetted offiolals and staff, overact saragament
gmtfwa, intergarsrrmmntat relations, and responses to toot eommowrsfas to career development eo masting. All
disomestame are on a tot fal tisl beefs. The Range Rider is not a consultant •• he to a friend, eollesgus, and
aaswtor to local Mwnnmant masters. The pragrom is not Intandad to provide technical assistance or to sole
adateative problems in local govermo nt. ►aroma interested in obtaining more Information about the Bongo Rider ..
Frogrsm or to saklng Rocky for am assistannce should contact Chrystal Ssfth at the ML (WI329), Dow Patna?, ANNA
president (B2 -SPI), or Kevin Rltehlo, AM bd vice Frosident OU-5240).
An interim iionagement services program, designed to provide expert, azpertonnced motors to saosN a municipality or
municipal department taaporartty INIe a recruitment process -Is xadarwy. At- miss being devmlopad. An sgrosment to
puttoppow s talent bank and Infonutten owhaye about gwtifled senor was signed by AM, ANL. ICNA, and the
Osportment of Coamnity wd Replant Affairs earlier this ymor, and the program will be dewlopsd and operational
dwlng the next six months. forces wishing to appty for fnclwsion in the Interim No egamont 11"fm programs talent
WA d meld contest Cheat smith at AIL for core information.
1
- . OICIIAL.-CKWAR.-- ----- ----
April 17 • 20 40JL40ING FOR MaLTR IN A RESTRICTED FINCAL ENIIIMMOTw • DOKRNNENT FINANCIAL NANAOERR --- - -
CON/ERENCE AIO SENIOR •ILOCiAL ERECUTIW FOIAXI, Baltimore, Nory►and. The -
- _--iFrNtutf of- Flenalnatil Nelrrjeamnt Technologies 1s aporrrortng--this-eanterones.: ('.)_ --- — ----- *signed for for foderst, state, and toast government and private sector executives
responsible for }tent and financial crow. For more . Information, contact NOt
Componles, 301.740.0090.
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Legislative Bulletin • 16-11 - s • April 8, 198s
April ii ALAgKA cONfRt![Ma of NATaRB, garane! Mettt, ,Iunaeen, 10,30 a.m. • onto p.a. A black of 'Coat has 4
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been ""it at the Seranof tsM-2iiW. pw a" infonmeation, Colt AK at i
wit at •Us'LEINNTIINI Twf llo" AIRIIT ACT& • OpOA OfyfRMllMT plNAMCIAL WAA1 ? SEMINAR, Atlanta. j
"WSW - The "Mor Development -at" of to government Moan& Office&
Amosefatton 10 spnmmerinl this wewkelnop end ans an Aprit $0. "the qualify
f+ar CM Credit far CPA. - AalnenI registration W roil _is roilui Pad . for the
@""we. Registration too is $125 for SM manners and $175 for nommimbers. For '
amen inf motion, Contact Karen s. gate", M Greer Dwelopmant Center,
i12.47T•9700. _
Wit U NVISI R, avaLtMryw, Alb FIRIwt A #lYlglf a 1tALtC NRSDM11tL IWIAOpIENT" -• SFOA etDYERRIIEMT.
PINANCiAL MNASEMONi 011111010, Aaanta, Nagta. TM '0 0 Career Davalopaent i
-cow is. Give eponwims this of a.twmwil +n weinsw. Bee April 1t9 tiseing
for more information. ;
Nair YEA LRSTIRM INTSRITAt1 Rgst011,11ATIOMAL ASSMATTON Of =41TIRS, Lane County' taummi, orogan.
Armrest meeting at Wgeno Mitten. for more information, wit NACo at 202.393•b226.
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Nay 4-20 WST1RM 119610YAL. /TIII ION ON RURAL INTIRCITT PA"UM TRANNORTATION, San Francisco, i
California. Syapea/us spmmered by U.S. Capertamts of ASricutture end
Triempsrtatfon, the syMmim mitt axemius the demographic and ecammic-baas of
runt Aamrlean aid rotota them to chagirg POWWOW ' trarapot Men has& and
bendo. tt 1t designed far leaden of agenalso and organisations cmndensd about
the provision of twat intanity passenger aarvica in the wotorn ragton, and
ei " the Ilnkeess that exist fifth the co wafittes 'and the notion. For more
• information, Contact Nancy faker, Vatern Runt OMtopmsnt Center, $af ford
Rrtonslon Mott Ross 307, of pp State univarsity, Corvallis, 04 4MI.
Mgr 22.26 "NIMOS To IN FUpX9M • iNMUTIOMAL I�fM IOF WASCIP CLIRKt AMIRNL INTISSATIM" lMC et
U11sR1NCE, Spokons,
S1h793.6153.
M MIwS
&mjata Plannae • Kedisk island Soranh. The Kodiak Island soraugb Cmmfty Dewgopmant Oepsrtaent ow an openlrg
for an Associate Ptamer. This la • full-time position. Applicants should poesas accepttanst orgeni:ationat okltls,
the ability to dial with pseple in an aasnive, tactful manner, and knowfodN of aanieipst Codes. Applicants should
eggs panes a bahetorts degree in urban or regional planning or a rotated field and haw four yesrN "Perionnce in
the pta ins prohsaion (graduate work in urban or regional planing OWsbtituta for two yen of the rsqulrad
Professional owiennct).
The successful q*ticant wilt be primarily responsible for providing staff support to the Kodiak island gorough
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planning and toning ceemisslan and meet how the ability to work with minimal supervision. Prior oxparlence In �
coo dnansive plan preporatlon, toning Code revisions, ad knowledge of Autwed will be an _asset. The position i
ragmen attendants at night ametinga and the ability to work under stress. The current starting *Story Is
$3,195/mana. The Kodisk Island lormngb is an equal opportnaity eeptoysr. Rewma will be accepted until April A
191s by the goeough Nayarit Office, 710 Milt may good, Kodiak, Atoka 99615. Reumss should include three tat
professional references.
ae (ant • City of Soldetne. The City of Sot & i is a:eeptins raeuars for the position of seoaetant in its
_-- - _..._ IrAM.SWEUWit._--TM...iereemnesrlt,-SRl9st-_tha_Nr!!rat wperyltion of the city traawrer- is eaeponHble for the
gensrst tsdgl» of the ofty'e varlow fords and accounts rotslvabte functicne. gap res i" tiKfiator�s dpraa n -
accounting or closely rotated flaid ad axperlew wide Computerised eccanting ayatas. Appticblo axperisnnea will
- - �be considered 1n tee istadeTon process.-_ lrofersntid eorstdsrattar ytttt M given to iMividuala with- areniGiq -- --- --
govswnmant acounting work erparinnce. The currant salary range for this position is from 10,310 to,335,406 per -- - — --
year. Sbit a reawnm, including anployment end wtary history end three eplopent references, by April 15 to
htricle snardick, City Clark, 17/ 11. Birch Street, goldotes, Alaska 99b69.
a
Lopistetive IuttsNn i 16•11 • 6 • April 6, NM
f al tontska d IMistnsiv s Nrst t t W!A seunelt faro of povarnwnt • fs
�ti • e so _ . City , s aN s t1► a /aarlaplr
eNktA s mm smwW. Arse pepulstiwt of 1,700. NMI k WW of A olttloe, lasludw otestris wd o6w utilitoo
t.
r matt a0 a tarps pvt wA Mrbi' fMlllty. sixty Putt-tisa eWwysoa. Ors a m is oirw tWA renpnitien in
A Id"Imeg of Owes yaw+ "Wiame so oity mrieW er..dsputy to rssuiroL N.jwV M. olssss swd rams d winp
,l
awastlen, troinho" peat rapnwibilltir w low'dwo as well aa.kw assewilo1-- to A. mom,_ City 04rk,
/.0. Sox $to Watseka, AK 'INN. Cloolnp dstot April $!,. 11q,
j�las��ah JLUN" a VA& to $mow of "SistarM, Ism to, st"dostisn, lager table art NawinO
rs0utrwxtts, fiwelot Mis"rss prMras, tssettsn, aM a mAtt"A ON stksr 1"ta Vow weir/ M wwww► Ptawln0 .
a enrt o twistse, In Alssb,. Is rims available . Ram the septirhown of Cnosrr. iM . paps puktle�etton _ etas.
tnstrdw. epsalfie trrfer�oNen es Ow dovelaposrtt of dwels, wrvlrwww" kelth wd swtltatien @"I*(a, a w s1Mr
Moe mm Ad-W wanprwwAv an pit MINI Natfon. 11te Nubs ^ is 0111** far 11.0 from tM Vivlstin Of swinose
- - - Nwtapswtt, k.0. es es- Aplo w, Ali" -Mall, /harts t0f• -801 CMela 61mutd- b iait dui to 00t4tt of Atake.'
a video dtwell Mff tier Mfem "Mid eelf•Poettafte M AlsoWs stated des "stated efflslats
Is new aysltabts. eloplslstors we wW to talk shut thslr pw wat d p Wassiortsl boekp wAb, watttwnsise,
topislattw districts, raapwntbitttlas, a tivation for purls service, d pi"MI vier of IM,prlrafpsl chatlsnles
WIPS tM *tM u sold No Nw Me t dwinen of trwido OWSPralwtt, Irte. At" IrMttdtd an the tapes We tMa
wtsewtive wd Judlsist browhes of Nwrnowa. Nwuw sold he fcels the fits mitt be of value to a veriity of
preys, Irtstudlnp eintsipNitfes, potlNat action ommittow, tM rsus axle, toWorin, wd- ~- eswesrtwd
sltiawws it else ue Msnrfsot value, he acid. "swwaNwn from nw, Atookars mitt be able to Wor beck to the
harder I" art of tbs state. I- only fowls that sesswio did eat sure this swu 01 with *tat~ so .that . our
plorwr taidtrs Mold its bettor 010001 1d►" "M" - Member.-701416010 schwa few the-3*Wm r, - twe•vidwclmtts
nt mro rtMr bNwp taken at tot- MR1lt. Art srdar fare is also w ISW With this Iwttetlrt. The decuswttary la boinp
wkegd thr vol Wia w ear'osflt preys. ft 0806 M Maltlnp srdsrs ahwtld he sure to identify Oamlvn VIM AfIL {
so that the is"* son r000tve rice o"Won. ;
BY .THE HEALTH, EDUC4,TIott AND
1 Ili THE HO1lsa sod" invicis cO['mfizE
I CS FOR IIOUSZ BILL NO. 406 (HESS) f
3 ZH THE LEOZBLATURE OF THE STATE 0! ALASKA
4 PItPi'EEl1TH LZQ1S1ATUU • SECOND SESSION j
3 A BILL
6 for an Act ontitleds "An Act relating to immunity for the decision to take
7 or not to take an intoxicated or incapacitated person
s into protective custodyt and providing for an effec' i
- Live dato."
10 BE IT ZPACTED IT THE LEOISLA"M OF THE STATE Of AL"YAs
4
11 + $action 1. AS 47.37.170(g) is repealed and reenacted to read: ti
ZZ (g) A person may not bring a civil or criminal action based on
- l! ---ttioi-dicislon of a piaco offiear -or member - of the oitispaeeji a svici- - —
_-- 14_ not_.t4_tak•_an Intoxicated or---iacapasitaW -_person ----- .- __.-_�----------------.----- ---
13 into protective custody or to release a person from protective custody
16 as provided in this section, unless the decision is wade maliciously.
17 * Sac. Z.. This Act takes effect immediately under AS 01.10.070(c).
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