HomeMy WebLinkAbout1977-01-19 Council Minutesw
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11WHILAR D111, 1.1NN RI;NAI CITY COUNCiL
JANVARY 10, 1077 0; P(1 1',IIt,
1'f111LIC SAVIITY 111111,1)1N(i
1'LEMIX 01? ALIVIIANCH
PAOF
A.
ROLL CALL
AABNDA APPROVAL
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1'I►iti,IV IIPAitINOR
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2.
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C.
Pi?RSONS PRESENT 8CiiPnn1,171) TO 116 HEART)
1, Amorlonn iasglon Pont 120
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a.
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MINUTRS
1. Rogulor Meeting of January 5, 1077
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H.
CORRESPONDENCE
1. C. P. Johnson Lotter of itealQnntlon from Knnnf Pnnlnsu(n Borough Awwmbiy
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2.
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F.
OLD BUSINESS
1. Resolution 70-100 - Authorized Signaturen for Doponit or withdrawl of Funds
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NEW BUSINESS
1. HUM to be Paid - hills to be ratified
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2, Ordinance 207-70/77(F.) - Spoolal Rovenuo Fund
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S. Ordinance 320-77 - Land Soto Ordinanco
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4. ROnelutlon 77-0 - dotting Pros for Animal Control Program
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0, Renolution 77-0 - Differential Ttix Yone
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0, Resolution 77-7 - Central Penlnnutn Venial i(enith Assnelatfon, inc.
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7. Resolution 77-9 - Acoopting Audited Ffnnnefol Report FY P•ndinR June 30. 1070
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S. Resolution 77-0 - Change Order No, 3-1111 - Kenai Water Project No. (F-01-010114
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s. Ressdutfon 77-10 - Transfor of Atonfes - Nonni tenter Project Wo, 07-01-01004
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10, Contract Change Ordor No, a -BR - grown Censtruetfon Company, inc,
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lit Periodic P,stlmnte for Partial Payment - Interntate CommV, inn,
7
12. Applf cation for Permit - Authorls<ed ttnmos of Chnnee o Skill - tteAnf Contr,+i t+fah
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13, Application for Permit - Authorive.d Onmes of Chanoe i Skill - Kenai Plks 02425
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14. Application for Permit - Authorized OAmes of Chance o Skill - Kenai Jr. Sigh School 7 ;
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10,
17,
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20,;
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REPORTS
1. City Manager's Report
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2. City Attorney's Report
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S. Mayor's Report
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4. City Clerk's iteport
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5. Finance Director's) Report
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0. Planning, k 7sining Commission's Report
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7. Konsi Popinsufa Borough Asrsombly's Report
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PERSONS PRESENT NOT SC1IP.DULVD TO HP, HEARD
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KENAI CITY COUNCIL, - REGULAR MEETING
JANUARY 19. 1977 - S: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
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Present: Richard Morgan, Betty Glick, Edward Ambarian, Tom Aekerly,
Dan Whelan and James Elson
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Absent: Walter Sweet
AGENDA APPROVAL
Item 0-14, "Application for Permit - Authorized flames of Chance a Skill -
Kenai Jr. High School' was approved for addition to the agenda.
B. PUBLIC HEARINGS
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None
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: American Lesion Post #20
Mayor Elson road a letter received from the American Legion Post #20
wherein the Legion advised they were negotiating for a parcel of land on the highway
near the City Doak and requested Council consideration to sell the building they
were now occupying and the American Legion would then move the structure to the
new site.
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Mr. John Wise, City Manager, advised Council that Administration felt some arrangement
could be made, however, he was not prepared to present a proposal for Council con-
sideration and requested that the matter be tabled until the next meeting of Council.
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Council so concurred and Administration was directed to prepare materials with
regard to the feasibility of selling the building to the American Legion.
D. MINUTES !
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D-1: Regular Meeting of January 5, 1977 '
The minutes were unanimously approved as distributed
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KENAI CITY COUNCIL, REGULAR MEETING. JANUARY 19, 1977 Paso 2
E. CORRESPONDENCE
E-1: C . E . Johnson - Letter of Resignation from Kenai Peninsula Borough Assembly
Mayor Elson road n letter from C . n . Johnson in which Mr. Johnson tendered his
resignation from the Borough Assembly as Konai's Representative due to the fact
that Mr. Johnson had accepted the position of City Manager of the City of Reward.
Mayor Elson advised that Mr. Johnson's resignation had been formally accepted at
the Kenai Peninsula Borough Assembly meeting on January 18, 1977, and it was now
necessary for Kenai to appoint an individual to fill out the unexpired term.
Mayor Elson road a memorandum from City Attorney Williams in which the following
procedure must be followed with regard to filling a vacancy of an elected Borough
Assembly Representative: "Section 1-44 of the Code of the City of Kenai provides
that a vacancy in the position of Elected Representative shall be filled by Council
appointment determined by a veto of a majority of the Council membership, and the
appointee shall serve until the next regularly held general election, at which time
a successor shall be elected to serve for the balance of the unexpired term".
City Attorney Williams also advised that a nominee needs at least four votes to be
chosen and nominees must be at least 21 years of age and must have resided in the
City for three years, one year of which must be immediately prior to his nomination.
Mayor Elson opened the meeting to nominations.
MOTION:
Councilman Ambarian moved to nominate Mr. Oscar L. Thomas.
MOTION:
Councilman Ackerly moved to nominate Mr. Vincent O'Reilly
There was no objection to nominations being closed.
Mayor Elson instructed the City Clerk and City Attorney to tally the votes.
Oscar Thomas - 5 Vincent O'Reilly - 1
Mayor Elson instructed the Clerk to advise the Borough of the selection of
Mr. Oscar Thomas to the Assembly as Kenai's Representative.
E-2: Letter from Councilman Whelan
Mayor Elson acknowledged the letter directed to the Mayor and Council from
Councilman Whelan and Mayor Elson thanked Councilman Whelan for his comments
on behalf of the City and the employees of the City.
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KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 19, 1977 Page 3
E-3: Department of Community a Regional Affairs
Mayor Elson acknowledged receipt of their letter which was in regard to the
State Revenue Sharing Grant entitlement for the City of Kenai.
E-4: Department of Community a Regional Affairs
Mayor Elson advised that he had received a letter in which the Community and
Regional Affairs were inviting critical and reading comments regarding off shore
development and planning, !
E-b: Office of the Governor
Mayor Elson acknowledged receipt of a letter from Beatrice Graves, Executive
Director of the Alaskan/American Revolution Bicentennial Commission, in which
they sent the City of Kenai a copy of the Final Report for 1976 of Alaska ARHC and
thanked the City for its role in celebrating the continuing American Revolution.
F. OLD BUSINESS
it 1: Resolution 76-100 - Authorized Signatures for neposit or Withdrawl of Funds
Mayor Elson road Resolution No. 76-100 by title only. "A resolution of the Council !
of the City of Kenai, establishing depositories for Municipal funds and establishing
the authorized signatures for deposit or withdrawl of funds from said depositories." _.
Copies were available for the public. .
Councilman Morgan reported that he had talked with officials at the local banks and
they advised that the banks could adhere to the special requirements of the resolution
only by setting up special accounts. This procedure would create some difficulties
to the banks Councilman Morgan was advised. `
Council requested that City Attorney Williams prepare some amending language
to the proposed resolution and bring it back to the table for further consideration Is.. '
in the meeting.
0. NEW BUSINESS
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G-1: Bills to be paid - bills to be ratified
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MOTION:
Councilman Whelan moved, seconded by Councilman Ambarian, for approval
of bills to be paid and bills to be ratified as listed on disbursement sheet of 1-19-77.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNIL, REGULAR MEETING, JANUARY 19, 1977 Page 4
G-2: Ordinance No. 297-78/77(E) - Special Revenue Fund
Mayor Elson read Ordinance No. 297-78/77(E) by title only. "An ordinance of
the Council of the City of Kenai establishing a special revenue fund entitled Title II
Anti -recession revenue sharing by increasing estimated revenue and appropriations
in the amount of $5,504." Copies of the ordinance were available to the public.
MOTION:
Councilman Morgan moved, seconded by Councilman Aekerly, for introduction of
Ordinance No. 297-76/77(E) establishing a special revenue fund entitled Title II,
Anti -recession Revenue Sharing by increasing estimated revenue and appropriations
in the amount of $5,504.
Motion passed unanimously by roll call vote.
0-3: Ordinance No. 325-77 - Land Sale Ordinance
Mayor Elson read Ordinance No. 325-77 by title only. "An ordinance of the Council
of the City of Kenai, Alaska, directing the sale of certain lands." Copies were
available for the public.
Mr. Wise reported that some corrections had been made and requested Council
consideration of the ordinance placed before them at the meeting rather than the
ordinance distributed in the packets on Friday. Also, City Manager Wise recommended
that the Council consider decreasing the minimum acceptable bid amounts by 10 to
25 percent.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction
of Ordinance No. 325-77, directing the sale of certain lands.
MOTION:
Councilman Morgan moved, seconded by Councilman Ackerly, to amend the
Ordinance to decrease the minimum acceptable bid amounts by 25%.
Motion passed unanimously by roll call vote.
I MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, to amend
Ordinance 325-77 to include in the next to last paragraph on page three.........
All property is sold subject to plat, covenant, zoning restrictions and special
assessments for public improvements, if any. Also, auction of this land
i shall be held on March 18, 1977, at 7: 00 P.M. in the Council Chambers, Kenai Public
Safety Building, Willow Street, Kenai, Alaska.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 19, 1977 Rage 5
MOTION, A3 AMENDED
Motion passed unanimously byroll call vote.
G-4: Resolution No. 77-5 - Animal Control Program Fees
Mayor Elson read Resolution No. 77-5 by title only. "A resolution of the Council
of the City of Kenai, Alaska, setting fees for Animal Control Program".
Copies of the resolution were available for the public.
i City Manager Wise reported that these fees were set out in the ordinance and
Administration requested that all fees being charged should be set out accordingly.
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of
Resolution No. 77-5, setting fees for Animal Control Program.
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Motion passed unanimously by roll call vote.
a-5: Resolution No. 77-6 - Differential Tax Zone
Mayor Elson read Resolution 77-6 by title only. "A resolution of the Council of
the City of Kenai, Alaska, relative to a petition received with regard to the establishing
of a Differential Tax Zone." Copies were available for the public.
Councilman Ambarian stated he agreed with several points raised in the resolution,
however, it was his feeling that the Council had not given the matter sufficient
consideration and that the petitioners questions were not being answered.
Councilman Morgan stated it was his opinion that the resolution as presented did
respond to the petition and at the present time the Council would not be able to take
any other action -- if the matter is prolonged, the Council would just be building
up the hopes of the petitioners.
MOTION:
Councilman Morgan moved, seconded by Councilman Ackerly, for the adoption of
Resolution No. 77-6, in regard to the establishing of a Differential Tax Zone.
Motion failed by tie vote. Voting no; Ambarian, Whelan and Elson. Voting yes;
Morgan, thick and Ackerly.
Mayor Elson stated he felt that the end result and decision might be same as
provided in the resolution, however, he too felt that the matter had not been given
the proper consideration. Councilman Whelan stated he would prefer a work session
— - being scheduled prior to the up -coming budget work sessions to discuss the matter in
greater detail. Mayor Elson suggested, with Council concurrence, that Administration
set the work session on the Tax Differential Zone for the first work session scheduled
1 for the month of February.
KENAI CITY COUNCIL, REGULAR MEETING. JANUARY 19, 1977
Page 6
a-6: Resolution No. 77-7 - Central Peninsula Mental Health Association) Inc.
Mayor Elson road Resolution No. 77-7 by title only. "A resolution of the Council of
the City of Kenai, Alaska, urging the State of Alaska to make funding available
for the continuation of the Kenai Mental Health Center".
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of
Resolution No. 77-7, urging the State of Alaska to make funding available for
the continuation of the Kenai Mental health Center.
Motion passed unanimously by roll call vote.
G-7: Resolution No. 77-8 - Accepting Audited Financial Report FY Ending June 30, 1976
Mayor Elson read Resolution No. 77-8 by title only. "A resolution of the Council of
the City of Kenai accepting the audited Financial Report of the City of Kenai for
the year ending June 30, 1976." Copies were available for the public.
MOTION:
Councilman Whelan moved, seconded by Councilman Morgan, for adoption of
Resolution No. 77-8, accepting the audited Financial Report of the City of Kenai
FY ending June 30, 1976.
Motion passed unanimously by roll call vote.
G-8: Resolution No. 77-9 - Change Order No. 3-BR - Kenai Water Project No 07 01 01884
Mayor Elson read Resolution 77-9 by title only. " A resolution of the Council of
the City of Kenai, Alaska, authorizing Change Order No. 3-BR to the Kenai Water
Project No. 07-01-01684 in the amount of $4,785." Copies were available for the
public prior to the meeting.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of
Resolution No. 77-9 authorizing Change Order No. 3-BR to the Kenai Water Project
No. 07-01-01084 in the amount of $4,785.
Motion passed unanimously by roll call vote.
0-9: Resolution No. 77-10 -Transfer of Monies - Kenai Water Project No 07-01-01684
Mayor Elson read Resolution No. 77-10 by title only. "That the following transfer of
monies (From: Kenai Water Project 07-01-01684 - contingency ($4,785 To: Kenai
--' Water Project No. 07-01-01684 - Construction $4,785) be made within the Capital
Project Fund entitled Kenai Water Project No. 07-01-01684 as established by
Ordinance No. 322- 76.+► Copies were available prior to the meeting for the public.
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KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 19, 1977
Page 7
MOTION:
Councilman Whelan moved, seconded by Councilman Morgan, for adoption of
Resolution No. 77-10. transfer of monies in the amount of $4,786 within the Capital
Project Fund entitled Kenai Water Project No. 07-01-01684.
Motion passed unanimously by roll call vote.
G-10: Contract Change Order No. 3-BR - Brown Construction Company, Inc.
This matter was resolved in item G-8.
G-11: Periodic Estimate for Partial Payment - Interstate Company, Inc.
City Manager Wise reported that this periodic estimate for partial payment in the
amount of $54,632 was on Kenai Water Project no. 07-01-01684.
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, for approval of
periodic estimate for partial payment in the amount of $54,632 to Interstate Company,
Inc. for Kenai Water Project No. 07-01-01684.
Motion passed unanimously by roll call vote.
G-12: 011cation for Permit - Authorized dames of Chance a Skill - Kenai Central High }
Council unanimously approved the Application for Permit, Authorized Games of Chance }
and Skill for Kenai Central High School.
G-13: Application for Permit - Authorized dames of Chance a Skill - Kenai Elks 02425
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Council unanimously approved the Application for Permit, Authorized Games of Chance
and Skill for Kenai Elks #2425.
G-14: Application for Permit - Authorized Games of Chance a Skill - Kenai Jr. High
Council unanimously approved the Application for Permit, Authorized Games of
Chance and Skill for Kenai Jr. High School.
H. REPORTS
H-1: City Manager's Report
In addition to City Manager Report 09, a copy of which is attached and becomes a
part of the official transcript of the proceedings of this meeting, City Manager Wise
advised that he had entered into discussions on the Kenai Jail facility and would
keep Council informed as to the progress of these discussions. Also, City Manager
Wive reported that he had written a letter to the Secretary of the Interior through
the Bureau of Land Management with consent of the Harbor Commission with regard
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KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 19, 1977
Page 8
to the status of the docking facility and if the City could proceed with leasing this
property, etc.
MAYOR a COUNCIL - QUESTIONS AND DISCUSSION
Councilman Ackerly inquired if the City was eligible for any Neighborhood Improvement
Grant funds? Mr. Wise responded that he believed this type of funding was under
the HUD program and he has not reviewed this program.
Councilman Ambarian stated that with regard to the Mall Parking Lot, he felt
that the City should not be involved with this problem. Mr. Wise advised that
it would be the responsibility of the mall but the City was encouraging that some-
thing be done as the situation was hazardous.
Councilman Ambarian also questioned the status of the Kenai Terminal Enterprise
and SeaLand leases? Mr. Wise stated he felt that the lease rate in the terminal bldg.
was too high and perhaps a more equitable lease rate could be established depending
upon space leased. Mr. Wise further stated that he was hopeful that the Planning
Study would present information so that the City could develop a more viable
lease rate for the Terminal. Councilman Whelan stated that perhaps the lease rate
should be considered during the up -coming budget work sessions as many people
have stated to him that they don't want to lease in the terminal when the rate would
change annually. Finance Director, Ross Kinney, stated that the present lease
rate ratio was adopted by Council and and this formula would have to be used until
such time the resolution was repealed and, therefore, the City must proceed with
current negotiations.
F-1: Resolution No. 76-100 - Authorized Signatures for Deposit or Withdrawl of Funds
Mayor Elson read Resolution No. 76-1009 as amended. "A resolution establishing
depositories for Municipal funds and establishing the authorized signatures for
deposit or withdrawl of funds from said depositories. Whereas, past resolutions
authorizing signators have given two persons in the same department the capacity
to sign a negotiable instrument, and Whereas, it to the finding of the Council that
such practice is not desirable. Now, therefore, be it resolved by the Council of the
City of Kenai, Alaska, as follows: Section 1: That the Alaska State Bank, Kenai
Branch and/or National Bank of Alaska, Kenai Branch, and/or First Federal Savings
Bank, be designated as official depositories of municipal funds. Section 2: That,
for banking purposes, the persons listed hereinafter are authorized as signatory
on accounts of the City of Kenai and any two of such persons may sign negotiable
instruments for the City of Kenai: John E . Wise, City Manager; Ross A. Kinney,
Finance Director; Lillian Hakkinen, Accountant; and Sue C. Peter, City Clerk.
Section 3: That, for purposes of internal control, one of the following combinations
of signatures must appear on any negotiable instrument of the City of Kenai:
John E . Wise/Ross A. Kinney or John E . Wise/Lillian Hakkinen or Ross A. Kinney/
Sue C . Peter. Section 4: That all prior resolutions designating depositories and
authorizing signatory are hereby rescinded."
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KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 19, 1977 page 9
MOTION:
Councilman Morgan moved. seconded by Councilman Whelan, for adoption of
Resolution No. 78-100, Authorized Signatures for deposit or withdrawl of funds.
Motion passed unanimously by roll call vote.
H-2: City Attorney's Report
(a) Section 38 Lands -- See. 38.05.032 states that they must be leased and if disposed
of must be used for recreational or school purposes.
(b) Kenai Baptist Temple -- the question now is whether or not they will be required
to put up a bond.
(a) PEP Suit -- the City has filed a counter -claim and the time for answering is up this
week. To date, the City has received no word.
H-3: Mayor's Report
Mayor Elson reported that he had tentative plans for attending the Alaska Municipal
League Board of Directors meeting to be held in Juneau March 18th and 19th.
H-4: City Clerk's Report
None
H-5: Finance Director's Report
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None
H-8: Planning a Zoning Commission's Report
Councilwoman Glick reported that Mr. Milton Stasek had been sworn in as a new
member to the Kenai Planning s Zoning Commission at the meeting of January 12th.
Also, the Commission held a Public Hearing with regard to rezoning of City owned
land and reviewed material presented with regard to the up -coming land sale.
The Commission also held a discussion on construction of 6-plexes within certain
residential areas of the City and a work session was scheduled with the Council
for January 20th at 7: 30 p.m.
H-7: Kenai Peninsula Borousth Assembly Report
Mayor Elson reported that discussions were held with regard to the Coastal Energy
Impact Program and Homer had submitted a resolution on the subject as well as
correspondence received from the City of Seward -- Mayor Elson urged the City of
KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 19, 1977 Page 10
Kenai to make some endorsement. Administration was directed to prepare a draft
for the Mayor's signature. Mayor ElRon also reported on other items of interest
to Kenai which included: public hearing set on Ord. 77-6, appropriating $147 , 000
from Federal Revenue Sharing Trust Fund for architectural or engineering fees
aid remodeling of the Borough office building; adoption of Res. 77-3, transferring
the Custodial Services for the Kenai Peninsula Borough Administration Building to the
Borough Maintenance Deaprtment; adoption of Res. 77-4, requesting support of
the activities of the Central Peninsula Mental Health Association; and adoption of
Res. 77-5, establishing a procurement and purchasing policy and approving purchasing
regulations for the Kenai Peninsula Borough. Other items of business included on the
agenda was the subject of selection of new Planning Director and Mayor Gilman
reported to the Assembly that he was not satisfied with local applications received and
would, therefore, travel outside to interview field of five candidates.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
There being no further business, the Council of the City of Kenai, Alaska, ' a
adjourned at 10: 00
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Respectfully submitted,
Sx(/) Q-A
eceter, City Clerk
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CITY MANAGER'S REPORT - #9
ADMINISTRATION - FINANCE
1. Ordinance - Anti -recessionary Funding
We are introducing an ordinance to provide for receipt of
our second check on anti -recessionary funding. This amounts
to approximately $5,000.00, providing for its appropriation
to the communications department to fund an obvious short
fall which we have developing there. Presumably not all of
the monies will be expended there but later on in the year,
we will be able to reallocate the salary and wages money
which we have in the department to other activities. This,
again, is to insure that we utilize those funds and then,
residue funds we can use in accordance to Council desires
and needs.
2. Ordinance - Land Sale
We are introducing an ordinance for a land sale which we have
previously mentioned. You will find attached to this report
a letter of recommendation in accordance with the land sale
ordinance. I believe that the Council will find that the
memorandum is self-explanatory and the terms and conditions
of the land sale ordinance; which you are being asked to
introduce, adequate.
3. Resolution Accepting the Audit.
This is a pro forma resolution simply to indicate that the
Council has officially received the audit.
4. Resolution - Differential Tax Rate Petition
I believe that this resolution is self-explanatory.
S. Resolution - State/Borough Funding
This is a resolution requesting State and/or Borough funding
for the mental health clinic which has been organized and is
now operating in the Greater Kenai Area. This resolution was
requested by Mrs. Fisher.
6. Resolution - Animal Control
This establishes fees for animal control activities. Fees do
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City Manager's Report - #9
January 19, 1977
Page 2
need to be legitamately established to:
1) properly obtain some revenue for the animal control activities
2) present a rational schedule of such fees.
7. Meeting
I'd like to bring to your attention the request of the
Planning Commission for a meeting with the Council relative
to discussing the zoning ordinance: current problems,
potential problems and corrective actions. The mayor has
set this meeting for Thursday, January 20, 1977 in the
Public Safety Building at 7:30 p.m.
S. Quarterly Revenue Sharing
We have recently received a quarterly revenue sharing of
$27,000.00 from the Federal government. This is our sharo
of the n►ulti-year program received on a quarterly basis.
9. Assessment Rolls
I'm pleased to report that Finance is working very effectively
on the assessment rolls and I see no problems in having the
bills computed and into the mail and to the respective property
owners in the appropriate time frame for a March billing.
10. Wildwood Road
The question was raised at the last Council meeting as to
who is responsible for the maintenance of the Wildwood
Road; whether it falls to the State or to the City. Actually,
there is a disagreement as to whether the State, City or the
Kenai Native Association is responsible. Apparently, it is
the feeling of the Natives Association that they own the
road and appurtances thereto. We do not feel that this is
correct, but rather than get into a legal issue at this
particular time, we are continuing to maintain the road
on a routine basis. If the Native Association has already
plowed the road or sanded it, then we accept is as a
gratuitous contribution. But we accept responsibility for
maintenance of the road.
11. Roy Hayes request for an assessment district was
withdrawn by him on the morning of the 6th by a phone call.
Apparently he has discovered that the excavation costs that
he was relating to the Council are not as low as he had
stated and therefore, the costs of the construction would
be considerably more than he had anticipated and he withdrew
his request verbally to me in this telephone conversation.
City Manager's Report - ey
January 19, 1977
Page 3
12. Police Annual Report
Enclosed and attached to this packet is Chief Ross' annual
report of police activities. I believe that the report
speaks for itself indicating that the City is provided with
a viable, efficient police department and is providing
as good, if not bettor service to the community than
comparable and larger departments elsewhere in the State
and in the Lower 48.
13. Kenai Terminal Enterprises (Brian Pock)
You'll find a letter from Brian attached to this report
indicating certain financial problems in the operation of
the bar and cafe here in the terminal. I would request
Council approval for asking for more detailed financial
status reports of the operation of the bar and cafe before
any negotiations be entered into relative to an adjustment
of the lease rate.
14. Alaska Public Forum Meetings
{ The Alaska Public Forum will have meetings in the Anchorage
area on Saturday, January 1S, 1977. The State is actually i
inviting and paying the expenses of a number of selected
individuals to attend and participate in these meetings.
The Governor and presumably a number of members of the
Legislature will be present. We have a letter of invitation
from Lt. Governor asking public officials to attend. A copy
of the six questions is available in the office. I would
further like to point out that there will be local meetings,
regional workshop here in Kenai, Seward, Homer, Palmer, etc
dealing with the same subjects.
15. Kenai Mall Parking
The Chief of Police is working with the Kenai Mall people
to determine whatever action can be legally and legitemately
taken to resolve the growing parking problem relative to the
front of the Mall. Parking now is occuring at the curb
immediately in front of the Mall and also on the other side
of the road, not in the parking lot. This is reducing the
actual driving lane and perhaps can cause problems both with
the Mall and the City. Legally, the City is not responsible
as this is private property. However, I've asked the Chief
to look into this and discuss it with the Mall merchants
to see what we can do to alleviate this situation. We don't
160 need an accident waiting to happen.
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City Manager's Report 1►J
.January 19, 1977
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16. Rezoning FAA -City Lands
The Planning Commission, in their mooting Wednesday night,
approved the rezoning that had boon proposed for the FAA
Boavor Loop -Spur Hig$hway tract; however, it was pointed out
that Mr. uaubonspeck, representing himself and the Kenai
Packers, had objected to what appeared to be their lands
being rezoned. It was recommended to the planning commission
to delete that property and this the commission did. Therefore,
the only land being rezoned is that City -FAA tract.
17. Old Library
Attached is a letter from the Salvation Army requesting
consideration for the Old Library Building. To date, we've
received nothing now from either the Historical Society
or the Fine Arts Commission. I am delaying action on the
library and its larger tract until Rogor Meeks returns
and perhaps we can work something out at that time.
18. Personnel Ordinance
The staff has started its review of the personnel ordinance.
We had discussions early this week and covered approximately
half of it. We'll have future discussions later and endeavor
to finalize the ordinance for presentation to Council.
Hopefully, this will occur next month.
19. Ambulance Equipment List
A memorandum is enclosed.
MEMORANDUM TO. Honorable Mayor & City Council
FROM: ,John H . Wise, City Manager
DATE: .January 14, 1077
SUBJECT: LAND SALE
An ordinace has been placed on the agenda of January ISth relative
to a land sale. These lands relate primarily to foreclosed properties --
Borough for taxes and the City for assessments. Additionally, there
are a few specifically requested parcels of other owned City lands.
All properties have boon presented to the Planning Commission for
their review. Their resolution is attached as an evidence.
These lands approved by the Planning Commission are included in the
land sale ordinance. It is in my opinion in the best interests of the City
to offer these lands for sale at public auction. Value set for each
parcel or group of parcels relates to assessed value. It is realized
that the values proposed may well be below market value, but a
valid rationale is that such will better insure a sale and a return
of the property to the tax rolls, Further, it may well so encourage
bidders that premiums may well be obtained,
Terms and conditions of solo are proposed in the ordinance.
Restriction as to "Terms of Solo" relate to three parcels where
we will require right-of-ways be dedicated as a condition of sale.
Ono parcel lies essentially within a tract owned by a local church and
proposed restrictions on use of the land has warranted a reduction in
value.
JW:sp
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TOs CITY MANAGER, JOHN WISE
FROMs CHIEF OF POLICE, RICHARD ROSS
SUBJECTS YEAR END REPORT 1976
January 7, 1977
Attached is a summary of the year 1976
activity of tho Kenai Police Department.
Also included are initial projections
for 1977.
CHA R 8
CHIEF OF, OLICE
KENAI POLICE DEPARTMENT
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POLICE ANNUAL REPORT 1976
As reflected on the following pages the overall part I crime rate
for Konai increased by the significant rate of 10% in 1976. Roma
�4 of the crime categories reported appear to be decelerating in their
rates of incidence, while others show alarming increases. Some of
the conditions which affect the volume and type of crime that occure
are briefly outlined as followss
1. Density and size of community population and the total aroa of
which it is a part.
2. Composition of the population with reference particularly to
age, sax, and race.
3. Economic status and morals of the population.
4. Stability of the population, including commuters, seasonal and
other transient types.
5. Climate, including seasonal weather conditions.
6. Educational, recreational and religious characteristics.
7. Effective strength of the Police Force.
S. Standards of appointments to the local police force.
9. Policies of prosecuting officials.
10. Attitudes and policies of the courts and corrections.
11. Relationships and attitudes of las enforcement and the community.
12. Administrative and investigative effiency of law enforcement, in -
eluding degree of adherence to crime reporting standards.
Examining Kenai's present situation in light of the above factors will
give some indication of the impact of Statewide and local construction
projects. The normal rate of population growth has been increased by
the construction impact. Demands on police service increased by 24%
in 1976 as a result of this. As the population increases, the rela-
tive density increases, and there is an increased opportunity to
commit criminal offences. Seasonal darkness in the winter months
add to the opportunity for increased property crimes, i.e. burglary.
It is anticipated that there will be a significant increase in property
crimes in 1977 in the Kenai area. The department is presently study-
ing and evaluating trends appearing over the last two years and will
be analyzing existing enforcement goals and priorities as a means of
meeting the anticipated problems.
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DEPARTMENTAL MANNING
During the year 1976 the Department was manned with an authorized
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strength of 10 commissioned personnel.
In addition through August of 1976, this full-time strength was
augumented by 2 Police Reserve Officers. In September of 1976 this
program was made inactive, and in December of 1976 the only remain-
ing Reserve officer was terminated from the program for lack of ade-
quate program insurance.
PART I CRIME REPORT
Part I crimes are the more serious crimes dealt with by a Police
agency. They do not include traffic arrests, forgery, vice, and the
majority of white eollgr crimes, Each crime reported in this category
represents anywhere from several hours to several hundred manhours of
police investigation and court time.
The figures reported do not include those reports determined to be
unfounded or thse determined of a civil nature.
PART I CRIMES 1974 1975 1976 %CHANGE
Homicide 0 1 0
Rape 0 0 0
A=ad Robbery 0 0 3 3 increase
Strong asmod rdAxwy 1 0 0
ADVJ 3 6 6
A&8 & Assualt 19 29 32 10% increase
Burglary 38 27 30 11% increase
roamdul Entry 14 8 10 20% increase
Larceny ill 132 117 11% decrease
Auto theft 27 18 45 150% increase
TOTAL 213 221 243 +10%inerease
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The part one crimes represented 9.3% of the Departments reported
activity. However, they also represent a high proportion of the
Departments available manhours. The approximate 10% increase in
1976 over 1975 Part I Crimes is highly significant as compared
to the 3.7% increase
in 1975 over 1974.
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J The high increase in auto theft is the predominant category that
lead to the increase as noted. This increase represents a 150%
increase over 1975. In perspective recent figures from Fairbanks
- show a 132% increase in the same category. As of December 31st,
!j all but one of the vehicles reported as stolen have been recovered.
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KPD is presently conducting a study of frequency, locations, times
of occurence and methods used, in the commission of auto theft off-
enses during 1976. When this data is analyzed, a public information
crime prevention program will be initiated as well as possible re-
vision of prenentative patrol procedures and review of present en-
forcement policies, i.e. unattended vehicles running or keys in the
ignition - with a view toward deterence and prevention in this cate-
gory.
It should also be noted that the categories encompassing crimes against
persons, assualt & battery, assault with a deadly weapon and armed
robbery, rose by 17% as a total group of offences. This is to be
axpected as a result of population impact. The manning level of a
Police Department and proficiency of it have little or no effect on
the number of incidents of crime reported in this category.
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PART I CRIME RESOLUTION HATE
1974 1975 1976
Reported/Resolved % Reported/Resolved % Reported/Resolved �
Hadcide 0 0 1 1 100% 0 0
Rape 0 0 0 0 0 0
Armed Robbery 0 0 0 0 3 2 66%
Strong
Armed Robbery 1 0 0 0 0 0
Assualt with
Deadly Weapon 3 3 100% 6 5 83% 6 4 66%
Assualt and
Battery 19 10 52% 29 27 93% 32 27 84%
Burglary 38 10 26% 27 13 48% 30 14 47%
Unlawful Entry14 7 50% 8 4 50% 1 0
Larceny ill 17 15% 132 40 30% 117 39 33%
Auto Theft 27 *23 85% 18 5 28% 45 5 11$
TOTAL 213 70 32.8% 221 95 42.9% 243 97 39.9%
* Resolution figure not verifiable for 1974 auto theft resolution and
is unusually high.
The overall resolution rate by arrest for Part I Crimes in 1976 was very
good, and considerably higher than both the State and National averages.
One area of noted deficiency in the resolution picture was in the area
of auto theft. The state average in this category in 1975 was 14% versus
11% in Kenai in 1976. The 1976 State resolution rate in this category
is unknown, but with increases in frequency of occurence being reported
throughout the State, the resolution rate could be adversely affected
as in Kenai.
The emphasis on Burglary prevention and resolution as well as Larceny
resolution as a priority enforcement action over the last two years
seems to have been effective. Statewide, 1975 experienced an 8.5%
increase in burglaries. In 1976 KPD expericenced an 11% increase in
burglaries over 1975, this however is still a 26% decrease from 1974
when burglary became a priority enforcement problem. Again in 1976,
as well as 1975, KPD reflects a very high resolution rate of 47% for
burglaries.
With the rapid influx of growth in the area and the increasing trans-
ient character of the population it is doubtful if the present resolu-
tion rate can be maintained, or the comparative incidence rate report-
ed in various crime categories.
As to efficiency of resolution some degree of comparison can be made
by the 1975 Statewide averages of resolution in the following categories.
BURGLARY 16% ROBBERY 28%
LARCENY 20% ADW & ASSUALT 63%
MOTOR VEHICLE THEFT 14%
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ARREST ACTIVITY
The following is the listing of arrests reported by category in 1974064) ,
1975 and 1976. The apparent 8% reduction in arrests reported in 1976,
over 1975 is somewhat deceptive. An increasingly higher percentage
of crimes resolved by investigation are being resolved by issuance of
criminal summons and arrest warrants thatare being served in other
jurisdictions, i.e. Soldotna, AST, Anchorage, outside of State, ectf.
This is reflective of the increasing transient population in the local
area. The exact figures increase in this category would involve many
hours of case file research to retrieve. However, indicative of this
increase is that as of December 31st, there were 17 outstanding crimi-
nal warrants to be served in other jurisdictions as a result of KPD
investigated cases compared to 4 as of the same date in 1975, this
not include traffic offences.
The arrest of an individual on a KPD warrant in another jurisdiction
is not reported as a KPD arrest, but is reflected as a resolution of
a criminal offense reported by KPD.
Changes in Drug Laws have resulted in a decrease in drug arrests over
the last three years. In 1975 possession of Marijuana under a majority
of circumstances was decriminalized, this resulted in a decreased number
of drug arrests in 1975 over 1974 and a further decrease in 1976. Drug
arrests in 1976 were predominantly other drugs than marijuana and were
made up of a higher percentage of felony drug sales cases. Drugs is
the only category reported in which a substantive law change has made
an impact on the arrests reported.
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ARRESTS
OFFENSE 1974 1975 1976
HOMICIDE 0 0 0
Armed Robbery 0 0 2
ADW 5 4 2
A & B 8 27 19
1 Burglary 30 15 14
Larceny 22 42 32
Unlawful Entry 5 2 3
CCW 1 3 4
fBrandishing firearms 1 3 4
Mal. Destruction 5 13 10
Drug laws 30 19 17
Reckles & Neg. Driving16 18 17
Juv. runaway &
detention 15 3 17
OMVI 75 76 84
Auto theft 13 0 4
-- Other 142 143 109
TOTAL 368 368 338 88decrease
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The other category reflects
g y prostitution, forgeries, court issued
bench warrants, fraud, and various other crime categories.
The arrest statistics reported only reflect arrests made by KPD
officers, and not arrests made as a result of KPD investigations
for which warrants were issued and served by outside jurisdictions.
No valid conclusions can be drawn from arrest statistics per se
` unless care is taken to compare the number of arrests reported in
a category to the reported rate of crime incidence and resolution
rates. Because of this it would be highly improper to use arrest
statistics as a moans of measuring police activity or productivity.
(example: 1. Investigation into three burglaries, results in three
resolutions with one arrests 2. Investigation into one burglary
results in resolution with threearrests).
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TRAFFIC, ENFORCEMENT
1974 recorded 15% fewer traffic contacts than 1973. This was
attributed to fewer manhours available for traffic onforcement
as a result of more manhours required in case investigation.
1974 recorded a 74% increase in motor vehicle accidents over 1973.
1975 with addition of manpower and increased manhours available
traffic contacts over 1974. 1975 recorded 4.9% fewer accidents
than 1974.
1976 reflects a 38% reduction in traffic contacts from 1975. This
reduction is specifically in the area of verbal warnings, as 1976
reflects an approximate 11% increase 16 the issuance of traffic
citations over 1975. The reasons for the decrease can be attributed
to the following factorss
1. Fewer manhours available for traffic enforcement as a result of
the approximate 24% increase in requests for police service in
1976 over 1975.
2. Fewer manhours available for traffic enforcement as a result of
the approximate 10% increase in Part I Crimes, requiring consid-
orable manhours in criminal investigation.
3. And possibly somewhat to a maturing of the force through experi-
ence, training and education.
As weather conditions between 1975 and 1976 have been different, no
j statement concerning traffic enforcement and its relationship to
number of accidents investigated can be made. Traffic volumes fig-
ures from the respective years are also not available, so an accur-
ate appraisal cannot be made, though it is assumed 1976 traffic
volumes were higher than 1975.
TRAFFIC CONTACTS
1974
1975
1976
Whange
Verbal warnings 1,656
2,388
1,132
53%decrease
Citations 642
681
754
11%increase
TOTAL 2,398
3,069
1,886
38%decrease
TRAFFIC ARRESTS
1974 1975 1976 $Change
014VI 75 76 84 11%increase
* Neg. Reckless 16 18 17 5%decrease
* A September 1975 substantive law change in the criteria for negligent
driving offenses has resulted in fewer charges filed under that sec-
tion Statewide.
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INVESTIGATED ACCIDE14TS
Nwber investjgated injuries fatalities oconomie damage
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1974 122 26 0 94,924
1975 116 20 1 108,971
1976 117 36 1 134,155
OVERTIME
In July of 1975, additional men were added to the force. One of
i the stated objectives was to reduce the number of hours of uncomp-
ensated overtime being worked.
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1974 recorded 2,534 hours of overtime. 1975 recorded 1,606 hours
overtime, a 36.6% reduction. 1976 recorded 2,238 hours of overtime,
a 39% increase over 1975. This increase is attributable to the 24%
increased demand on Police Services in 1976 over 1975. ,
In 1974 each officer averaged approximately 29 hours uncompensated
overtime per month, in 1975 through manpower increase this was re-
duced to 15 hours, in 1976 because of significant case load increase
this rose to approximately 19 hours.
Since July of 1976 overtime worked by officers in the following
criteria has been paid at the ratip of time and one half.
1. Overtime work approved in advance by the Chief (surveillance,
stakeout, etc.)
2. Overtime as a result of off -duty court time.
3. Overtime as a result of having to work past shift due to veri-
fiable request for service from which officer could not be re-
lieved.
4. Overtime as a result of an emergency call -out.
Under this policy officers have received compensation for approxi-
mately L13 of the overtime worked since July, and all of the over-
time that was mandatory upon them. Initiative and interest on their
own part in various casesgand training accounts for the uncompensated
overtime reported. This voluntary overtime has been essential to
many successful case resolutions and is reflective of the career
interests of the officers.
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DEPARTMENTAL TURNOVER
During 1976 KPD oxperioneed the resignation of one commissioned
officer. This is by far the lowest turnover experienced since the
inception of the department in 1969.
The officer who resigned during this period was a Sergeant with 8
years of police experience and 3.5 years with KPD. The officer
cited the following reasons for leavings
1. Personal roasones wife desired to leave Alaska.
2. Salarys was making same salary after 3.5 years with KPD as he
was making when he left his previous Department.
3. Legal litigation with the Citys lawsuit concerning requirement
of employment that he live within the City Limits.
The primary reasons for the low turnover experienced are:
1. The increased recognized professionalism of the Department by
other agencies in the State and the favorable image the officers
receive and fool from this.
2. The educational and career training opportunities made available
to the officers.
MA14POWER DEVELOPMENT
1. IN SERVICE TRAINING
A scheduled in-service training program has been in effect since
9/75. This program centers around a 2 year curiculum schedule. All
hours received and courses taught to date have been documented and
-- certified by the Alaska Police Standards Council. Courses are taught
monthly in 4-8 hour blocks.
In July of 1976, due to the strenght of the program, the Depart-
ment received a Criminal Justice Grant with which audio visual equip-
ment, supplies, film strip programs and a limited resource library
were purchased.
In sorviee training attendance is not mandatory, but highly encouraged.
In addition of which all hours certified are applicable to required
training to achieve advanced levels of certification under the Police
Standards Council. Attendance at most sessions has been at 100%.
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2. SPLCIALIZED TRAINING
During the year 1976 the following courses of outside training were
attended by members of the Kenai Police Department,
each course was
attended by one officer.
1. Municipal Police Academy
Bitka
7 weeks
2. FBI National Academy
Virginia
11 weeks
3. Search & Siezure
Anchorage
3 days
4. Auto theft
Anchorage
3 days
5. Fire Arms Instructors Development
Anchorage
5 days
6. Law Enforcement Instructors
Development
Anchorage
2 weeks
7. Drug Enforcement Administration
Anchorage
2 weeks
Where possible, officers attended these courses on their off -duty
days. KPD officers not attending any
given class voluntarily
worked, when necessary, uncompensated
overtime hours
to allow for
the attendance of others.
3. FORMAL EDUCATION
During 1976 KPD officers earned an aggregate total of approximately
102 college credit hours during their off -duty time (22 of these were
earned at schools named above). 73 of these total hours were in the
specific fields of Police Science and Administration.
-� SUMMARY
The proficiency and professionalism of the Department is directly re-
lated to the retention of quality personnel and their continued
training and education. Career development presently available to
XPD officers is a strong factor in present officer retention.
The inservice training program will be further developed. Officers
will be encouraged to Continue their formal education through the
local community college.
Officers will continue to be sent to outside training courses, as
funding and workload allows, to further gain training in areas of
expertise not available through local training programs.
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PROFILE OF OFFICERS
The average age of the KPD officers is 30.1 years; the average KPD
officer has in excess of 5 years of Police experience, and approxi-
mately 2.5 years with KPD. In addition the average officer has in
excess of 2.5 years of formal education.
All officers are presently certified, or possess all necessary criteria
for certification, through the Alaska Police Standards Council. When
the criteria is finally approved and certificates are issued, it is
anticipated that one-half (5) of the officers will qualify for inter-
mediate or advanced levels of certifications.
The above profile places KPD in a favorable light in a comparative
analysis with other agencies in the State, both in experience, train-
ing, and officer retention. It places KPD above departments of comp-
arable size in the catagories cited.
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REQUESTS FOR SERVICE
1976 registered a 24% increase in demands on Police Service over 1975.
Of the 2,606 logged calls for Police Service, 1,767 of these required
follow-up investigation or action beyond initial Police contact. In
68 of these calls use of, or possession of a firoarm by a suspect
individual was a factor. This includes one felonious firearms assualt
on a KPD Police Officer.
REQUEST FOR SERVICE
1974 1975 1976 % Change
2,000 2,105 2,606 24
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40
,In, w ire 1'-1, 11)"',
(A-ty of Kenai
Rnx 5PO
Konai , Al.aulta 99011
Attention: Mr. Johr. :!i srs, :Sty "nnaf�or
,to: tonawal of Loaao on Airport, :;pant, t).y Kimai r'or,ninal nterpr Inors, r,ie.
Dear John:
An stated before no do not nqq ricer wo can (wren on the new tonne
rate at 870 per :quaro foot.
I have hurridly propared n(nno haoin figuron on nor biininors:i nn thttt,
YOU and r.ountri.l might, be bettor informed as to the profit or, Tons in
our type of buoinesn. During tho first nano months of operntion thin, year
our income was $86,650.78 on aanh salon of the oafs, and bar. Thio averagon
out to $9,627.80 per month. ;wring thin name nine month poricri our
expenses amounted to ., 88,80?.. A or ,9,P66.95 per, month on the aver ago.
This means that we oporated at. a hoes of $2,152. jU duri.nr% thin nine month
period. This does not, mean we are that much in debt but (loon mean that
other coats are rising much too rapidly aIrjo. 1. do roa]iye that osponnoa
Of the space ao occupy hau probably risen at the name rate, anti thi.rl nhouiri
be taken into conoidoration in rai.rssng the lnano payment.
I must also advise ,you again, an in my prior lottor }.o ,you in November,
that if we have to rai.ne our pricer that much to rrovor rising, coats plun
2; timer( the increase i.n lr)nno payments 'I nori(n,nl;y doublt if many of ,you
or, our counoilmen would come out to pay .i;y.t1Q plan for a hamburger when they
don't have to pay that smith anywhere o1rie.
:should ,you donire any fur t.t,trr flguren or information pinasn tin not
henitato to advise.
,in,sero7.'y,
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;Sr i ar- L. Pnolt
K NAI rl' IMP:Al.
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CITY OF KENAI
�10 el od OapiW 4 4Z""O"
F. O• {OX SO0 KENAI, ALASKA 99611
-- MMONE ftS .7535
January 14, 1977
TOs John E. Wise, City P4anag r� p'
FROM: Phillip Aber, Director of Public Works
WEEKLY REPORT FOR WEEK ENDING JANUARY 14, 1977
EDA Water Well Project
There has been no further progress on the installation of
the remaining 12" water main due to the lack of frost
penetration through the swampy portion of the right-of-way.
Due to the lateness of winter and the increasing possibility
that we will not get the required amount of frost penetrationt
the contractor is•making preparations
to construct a road through this portion of the swamp
and install the water line by excavating through the road
surface. On this weeks agenda we have an upcoming change
order submitted by Brown Construction for a 1211 mechanical
joint tee and two 1211 dressers and the labor necessary to
install these fittings. This change order is a precautionary
step due to the likelihood that the existing 12" tee, which
is shown on the City's as-builts, does in fact not exist.
As you are aware, this tie-in is into the City's main
supply line. Bo, as a precautionary measure, I would prefer
to have the ne ,,e "C-d materials on hand to complete the tie-in
if necessary. The driller is continuing to drill on our
new Water Well #2. The 12" casing is now at an approximate
depth of around 154' and we are starting to pick up some
very light artesian flow. This flow has caused some washout
problem between our 12" and 16" casing and we are in the
process of regrouting to stop this flow and eliminate the
washout between our casings. The contractors are continuing
to work inside of the Well house 02 and they are installing
some pumps and valves.
Rotes As you recall in the last report, we were having
some repair problems with our two motor graders. Both of
these blades have been repaired and are back in operating
condition. The street crew has been spending the majority
of their time stripping some of the downtown streets and
trying to keep an adequate amount of sand on all of the
city streets and the airport. The street crew has also
spent some time working on street signs around town and
on some maintenance repair work in the shop. The water
and sewer crews have been working on some lift station
problems, repairing fire hydrants, and installing water
meters in some of the apartment house complexes.
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