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HomeMy WebLinkAbout02122007 City Council Packet The City of Seward, Alaska City Council Meeting February 12, 2007 7:30 .m. Council Chambers 1. CALL TO ORDER Vanta Shafer Mayor Term Expires 2007 2. PLEDGE OF ALLEGIANCE Willard E. Dunham Vice Mayor Term Expires 2008 3. ROLL CALL 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.] Robert Valdatta Council Member Term Expires 2007 Robert Thomas Council Member Term Expires 2007 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda) Steve Schafer Council Member Term Expires 2007 Jean Bardarson Council Member Term Expires 2008 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Linda Amberg Council Member Term Expires 2008 A. Proclamations and Awards 1. Randy Gillen certificate of appreciation for 19 years of service to the city of Seward.... ....... ... ...... .... .Pg 4 Marvin Yoder Interim City Manager B. Borough Assembly Report C. City Manager's Report D. City Attorney Report E. Seward Port and Commerce Advisory Board Report F. Other Reports, Announcements and Presentations Jean Lewis City Clerk Brad Meyen Cheryl Brooking City Attorney 1. Presentation on Alaska Tidal Energy Conference by Theresa Butts and Allison Barnwell. 2. P ACAB applicant Paul T. Schuldt........... ...Pg 5 City of Seward, Alaska February 12, 2007 Council Agenda Page 1 7. PUBLIC HEARINGS A. Resolutions Requiring a Public Hearing 1. Resolution 2007-013, Recommending Kenai Peninsula Borough Approval Of Subdivision Of ATS No. 174, Within The NW ':I.t Of Section 3, Township 1 South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To Create A "Tract A" ............................................ ... .................. ..Pg 6 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Resolutions 1. Resolution 2007-010, Approving A Contract For External Audit Services For The Years 2006, 2007 And 2008........................................ ....... '" ... .Pg 20 *2. Resolution 2007-012, Authorizing The City Manager To Pay Dues Owed To The Alaska Power Association (Formerly Areca) For The Year 2007 In The Amount Of $1 7,317.00. . . . . . . . .. . . . . .. . .. .. . . .. . . .. .. . . . . . . . .. . .. . .. . . . . . . . . . . . . . .. . .. . . . . .. Pg 24 3. Resolution 2007-014, Authorizing Approval Of Department Of Army Memorandum For Record And Accepting Disposal Area 1 Relating To Contract W911KB-04-C-0004, HarborImprovements Seward, Alaska........... ...Pg 27 *4. Resolution 2007-016, Authorizing The City Manager To Enter Into A Contract With Harmon Construction For A Total Project Amount Not To Exceed $248,000 To Re-Side The Seward Senior And Community Center, And Appropriating Funds............................................................................. ...Pg 33 *5. Resolution 2007-017, Authorizing The City Manager To Enter Into A Lease Agreement With Frontier Business Systems For The Purpose Of Replacing The Large Format Copier At Building And Engineering For An Amount Of $668.00 Per Month For A Term Of3 Years (36 Months)..............................Pg 38 *6. Resolution 2007-018, Authorizing A Transfer Of $51,904.89 To The Employee Compensated Absences Fund To Accumulate Cash To Pay Accrued LIabilIties. . .. . . . . .. ... . .. . .. ... . .. . .. . .. . . . . . . ... .., . .. . .. . .. . .. . .. . .. . . . . .. . . . . .. . ..Pg 44 B. Executive Session 1. Go into executive session to discuss settlement agreement terms of contract with MEA and City of Seward. City of Seward, Alaska February 12, 2007 Council Agenda Page 2 C. Other New Business Items 1. Resolution 2007-015. Authorizing The City Manager To Enter Into A Settlement Amendment With MEA In The CEA Capital Credits Complaint.. ... ... ... . .Pg 47 *2. Approval ofthe January 22,2007 regular city council meeting minutes.....Pg 50 *3. Approval of the new beverage dispensary/tourism liquor license for The Hotel Edgewater, LLC dba The Yard Arm......................... ....... ... ........ ..Pg 56 *4. Non-objection to the transfer of ownership and location of liquor license from Doris Jean Corcoran dba The Wheelhouse to Frank Dahl, dba The Wheelhouse.......................................................................... .Pg 61 *5. Appoint Paul T. Schuldt to the Port and Commerce Advisory Board seat with a term to expire 07/09. 6. Schedule an onsite tour of the Boys and Girls Club.......................... ...Pg 67 7. Discussion on comparisons of in-house attorneys versus contracted attorneys. (Amberg) 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. A VTEC Distance Training Center Plans and Information....... .... ........ ... .. ..Pg 68 B. 2006 City write-offs for Utility, Harbor, and Miscellaneous accounts receivable.............................................................................................. .Pg 79 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska February 12, 2007 Council Agenda Page 3 Seward City Council Certificate of Appreciation is hereby awarded to Randy Gillen for her 19 years of service to the City of Seward. Randy's attentive and pleasant nature was treasured by Seward boaters. She has shown great dedication to her job and to the Seward Boat Harbor, and was instrumental in overseeing the construction of the Harbor Plaza area. Randy will be missed by her co-workers. Vanta Shafer, Mayor February 12, 2007 _,,.,...._v,,.,.__~n..~___~~_'__' .~u_n~" ,__'n'____n~_d._" ___'" ",_ ._,,,, U" _,_'_"~n"U_" .' . ,,",. '^ ,,-," ,._~_N____,^,,""nm~~' ,_._--~. ~€.C€.\\JEO 'l. 1\ l~~? 3(}..~ Of on-\€. Of6\~c\.€.RK CITY OF SEWARD, ALASKA APPLICATION FOR THE PORT & COMMERCE ADVISORY BOARD AUL-- T ~<;~HULbl STREET ADDRESS: :s3 /9 3> tsE~r<- Lfi k::.~ f2c>~ f) MAILING ADDRESS: ~ 2 90'-!- ,,~l-<.J/Jr2p /l/~ HOME PHONE: &-24 - Z 777 BUSINESS PHONE: S""' 2 ~ 3091 NAME: FAX. NUMBER: HOW LONG IN THE SEWARD AREA: /0 if t. A (Z S PRESENTLY EMPLOYED AS, ("-1 {Z F FAJh ,,.:, cFIZ- / 145S::}.~ List any special training, education or background you have which may help you as a member of the Board: ;?us I ,v{;;'5S Ol~J JJ 2-.tL B4Lf Have you ever been involved in port operations? If so, briefly describe you involvement: 4"3 ,4 lI~sSFl (')cvAJb? I am specifically interested in serving on the Port and Commerce Advisory Board because: ::r: WISH ID ('otVTJ'Z.18u,~ $ ~E:: 1hZ- ?oar H~b IN A ASrrHJ5 :P'1ZEC--17 {)..(j Have you ever served on a similar board elsewhere? >>0 - If so, where and when? Are you available for meetings at noon (second Wednesday of each month)? t.;~ S If appointed, are you willing to travel occasionally? it ~ s 1- 23-67 Date J t_, t. 5 Sponsored by: City Manager CITY OF SEWARD, ALASKA RESOLUTION 2007-013 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF SUBDIVISION OF ATS NO. 174, WITHIN THE NW 1,4 OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN, MARINA SUBDIVISION, SEWARD RESORT ADDITION, TO CREATE A "TRACT A" WHEREAS, Cline and Associates on behalf of the Department of the Army has submitted a preliminary plat which would create "Tract A" by the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of section 3, Township 1 south, Range 1 west, Seward Meridian in Marina Subdivision, Seward Resort Addition, to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the Seward Planning and Zoning Commission approved the preliminary plat with conditions at their regular meeting January 4,2007; and WHEREAS, the property is zoned HC, Harbor Commercial; and WHEREAS, this platting action creates a new lot known as Tract A with an area of approximately 2546 square feet; and WHEREAS, the proposed subdivision meets the requirements of Title 15, the Seward Land Use Code; and WHEREAS, the newly created lot may be leased to the Department of the Army by the City of Seward for the development of a new marine dispatch building; and WHEREAS, the proposed Tract A is currently serviced by municipal water and electric services; and WHEREAS, the property is not currently serviced by municipal sewer service and the Seward Public Works Department has stated that a modified subdivision agreement may be required for this subdivision for the provision of sewer service or be provided for in the lease agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council recommends that the Kenai Peninsula Borough approve the subdivision of ATS No. 174, within the NW 1,4 of section 3, Township 1 South, Range I West, Seward Meridian, Marina Subdivision, Seward Resort Addition, to create a "Tract A" , subject to the following conditions: a. The lessee will be responsible for provision of an access easement, as required and, .J l:~ 6 CITY OF SEWARD, ALASKA RESOLUTION 2007-013 engineering and installation of connection to the city sewer system; b. The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat. Section 2. This resolution shall take effect immediately upon adoption PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this lih day of February, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) J'-'. 7 Agenda Statement Through: February 12,2007 Marvin Y oder,~nte~ City Manager vV1, D. Scott Wil~nterim Planner r .. o~ S"1t; ......~,\'~l\o .... '- '. ., (.j "~';' ',-, ,-.- ' '0"";,,:,,, _tV'" "(.AS"'~ Meeting Date: From: Agenda Item: Recommending Seward City Council and Kenai Peninsula Borough approval of the subdivision of ATS No. 174, within the NW y.. of section 3, Township 1 South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition, to create a "Tract A" BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat for the subdivision of Alaska Tideland Survey (ATS) 174, within the NW Y4 of Section 3, Township 1 South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition to form a new "Tract A." Cline and Associates, on behalf of the Department of the Army, has submitted a preliminary plat delineating the proposed subdivision. The resulting parcel will consist of an area approximately 2,546 square feet. The newly created parcel will be leased by the City of Seward to the Department of the Army for the development of a marine dispatch center and operator's apartment. The property is physically located on the southwest comer of the "Z" float and launching ramp parking lot, north of the Seward Harbor. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Since the City of Seward is the property owner, the approval of City Council is also required for this platting action. The Seward Planning and Zoning Commission passed P&Z Resolution 2006-25 at their January 4th, 2006 meeting, which recommended approval of the preliminary platting action, subject to certain conditions. Subdivision Review: Zonin$!: The subject property is zoned Harbor Commercial (He). Size: The newly created Tract A will be 2,546 square feet. The lot size created by this subdivision conforms to the Seward Land Use code because there is no minimum lot size required in the Harbor Commercial zoning district. Utilities: Tract A is currently connected to electrical service. Water service is also connected but ,L" 8 may not be sufficient to accommodate future uses of the intended development and will require an upgrade. Sewer service is not connected to the building and, in addition to a water service upgrade if necessary, will require a subdivision agreement or provision in the lease agreement to establish responsibility for the installation. A fire hydrant is located an acceptable distance to the north of the proposed Tract A. ExistinJ! Use: The existing use of the parcel "area" is for the Seward Resort Marina dispatch. The newly created lot will have the same use. Access: Access to the newly created Tract A will be through the north harbor parking lot via an access easement to be filed by the applicant prior to final platting. Flood Zone: The newly created lot appears to be within a Coastal V Flood Zone as mapped by FEMA and is subject to further determination, and development may require a floodplain development permit, variance and elevation certificate, as may be appropriate. CONSISTENCY CHECKLIST YES NO N/A 1. Comprehensive Plan (2006) -L The Comprehensive Plan encourages the "growth and development of efficient, functional small boat harbor that meets Seward's commercial and recreational needs." SCP 3.5.1.1 (page 23 Vol. I). 2. Strategic Plan (1999) -L _ _ The Strategic Plan for Economic Base supports the development of undeveloped commercial property under bullet item five. (page 5) 3. Municipal Land Management Plan (MLMP) (1995) -L _ _ In the "Disposal" section and subsection "Lease" of the MLMP, disposal of city-owned land is discouraged with given to preference oflong-term lease(s); The Plan also cites: Parking Lot. East Harbor and NE Launch Ramp (Marina Subdivision. Block 1. Lot 4). A :I: 4 acre parcel within the Harbor Commercial district originally acquired by state tideland patent and developed from dredge fill during construction of the small boat harbor. Located off of Port A venue, it was recently graded and partially paved for parking in support of the new boat launch ramp and X float. The launch ramp was constructed in 1994 with grant money under the condition that the city dedicate :1:200 mixed parking spaces to accommodate ramp users. A public restroom will be constructed on site before the 1995 season begins. The subdivision plat incorrectly includes lands deeded to the US Govt for development of the small boat harbor. Recommendation: Retain land ownership and continue use for public parking. Replat to separate out federally owned portion. Consider leasing portions not needed for parking. Seek fee simple ownership of tidelands associated with the harbor. Harbor Fund. (map 4-39) 9 FISCAL NOTE: The City will not incur any expenses from this platting action. All costs associated with the platting shall be borne by the applicant. Approved by Finance Department ~4~ RECOMMENDATION: Staff recommends Council approval of Resolution 2007-XX, recommending that the Kenai Peninsula Borough approve of the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of Section 3, Township 1 south, Range 1 west, Seward Meridian in Marina Subdivision, Seward Resort Addition subject to the conditions below. a. The lessee will be responsible for provision of an access easement, as required and, engineering and installation of connection to the city sewer system; b. The existing building will be removed or modified in compliance with setback requirements prior to the fmalization of the plat. 10 I ~1:/0 I "1-'" I ..,'.t,. "'.::. I ~ I _______--1 )/'.A S' ?~ X" .... ~ SURVEYOR'S CERTIFICATE I hereby certify that; I om properly registered and licensed to pracUce land surveying In the State of Alaska, this plot represents CI survey made by me or under my direct supervision, the monuments shown hereon actually ell!st as described, Clnd 011 dimensions and other detolls ore correct to the normol standards of practice of Jand surveyors in the Stote of Alasko. DA"IE ,-, I <$o~ 1 [!] 1 [1]1 IL!) L_=.J Concrl!!te Romp -- ~ "'.:- ~ ~0 .-:;, 0", <S> ~ Gravel Parking ~ _------l- '36'.' ~_......_S69;;'06' 1 I 1 I I 1 I 1 I~", 1S1~ g'" I,,~ I~~ I"'." -t6<!f:;:;~('O,..>o ~C'~c.f-~sr <"$ ...0 ~ -n"? <P", 0 ~ ~ ~'1;.....:.~ e:> o",-l:> ~ (!.l."?$; ~o-"'" '>~ ....!!89'56.1B~E -2.34.55' _ Grovel Parking "Y'.A S' ?~ X" 1 1 1 I I I 1 I I I I I I I I I I I I 1 I I I I I I I 1 I I I I 1 r-'" I I 1 I 1 I I I I WASTEWA TER DiSPOSAL Pions for wastewater disposal. that meet regulatory requirements are on file ot the Deportment of Enviroflmental Conservation. NOTES This parcel Is subject to the City of Seward Zoning ond Land Use ReguloUons. This platting action wlU require on exception to KPB 20.20.200. which requires frontage on dedfcated streets. This parcel moy be located in 0 designated flood hazard area, If such is the case, then development must comply with Chapter 15.25 of the City of Seward land use regulations. LEGEND II Found Rebar & At Cap LS5152 . Found Rebar & PI. Cop LS7569 . Found Rebar () Set 5/8x24ft Rebar & PI. Cop lS 7569 t:I Fire Hydront Utlllty Pole Telecomm Pedestal !II Electric Transformer ~oJ"<'o '''' '" . '" "'a "0 CITY OF SEWARD r / L;O~ PLANNING OFFICE 1 4 2006 ''-f'J' ~C'l--^ , ''- "'0 6> 't> PLAT APPROVAL This plat was approved by the Kenai Penlnwlo Barauqh Planning Commission at the meetlng of: Borough Official CERTIFICATE OF OWNERSHIP AND DEDICATION 1 hereby certify that we are the owner! of the real property shown and described hereon and that we hereby adopt this plan of subdIVision, and grant all eosementB by our free consent. City of Seward P.O. Box 167 Seward, AK 99664 NOTARY'S ACKNOWLEDGMENT FOR SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY~ ,W NOTARY FOR ALASKA MY COMMISSION EXPIRES LESSEE CERTIFICATE I hereby certify that we are the leseee of the property os shown hereon, and that we hereby approve this sl.lbdivision. Seward Resort P.O. Box 329 Seward, AK 99664 NOTARy'S ACKNOWLEDGMENT FOfl SUBSCRIBED AND SWORN TO BEfORE ME THIS DAY OF , 20 NOTARY FOR ALASKA MY COMMISSION EXPIRES MARINA SUBDIVISION SEWARD RESORT ADDITION A SUBDIVISION OF A POR nON OF: ALASKA nDELANDS SURVEY NO 174 LOCA TED WITHIN THE NW 1/4 SECnON J TOWNSHIP 1 SOUTH, RANGE 1 WEST SEWARD MERIDIAN, ALASKA SEWARD RECORDING DISTRICT CITY OF SEWARD CLINE AND ASSOCIATES LAND SURVEYDRS 416 4th AVENUE PO BOX 270J SEWARD, AK 99564 (907) 224-7324 FAX (907) 224-6088 DATE: 11 lJ 05 SCALE: 1"_40' DRAWN: WNe f.D. BK.: 06 03 DRAWING NO.: 06-59PP K,P.B. FJLE I: 2006 xxx Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006- 25 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING THE CITY COUNCIL AND THE KENAI PENINSULA BOROUGH APPROVAL OF THE SUBDIVISION OF ATS NO. 174, WITHIN THE NW % OF SECTION 3, TOWNSIDP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN, MARINA SUBDIVISION, SEWARD RESORT ADDITION, TO CREATE A "TRACT A" WHEREAS, Cline and Associates on behalf of the Department of the Army has submitted a preliminary plat which would create "Tract A" by the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of section 3, Township 1 south, Range 1 west, Seward Meridian in Marina Subdivision. Seward Resort Addition, to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the property is zoned HC, Harbor Commercial; and WHEREAS, this platting action creates a new lot known as Tract A with an area of approximately 2546' square feet; and WHEREAS, the proposed subdivision meets the requirements of Title 15, the Seward Land Use Code; and WHEREAS, the newly created lot may be leased to the Department of the Army by the City of Seward for the development of a new marine dispatch building; and WHEREAS, the property is currently serviced by municipal water and electric services; and WHEREAS, the property is not currently serviced by municipal sewer service; and WHEREAS, the Utilities Department has stated that a modified subdivision agreement may be required for this subdivision for the provision of sewer service and may be provided for in the lease agreement. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that the City Council and the Kenai Peninsula Borough approve the "Tract A" by the subdivision of ATS No. 174, located within the NW Y4 of Section 3, Township 1 South, Range 1 West Seward Meridian, Marina 12 Seward Planning and Zoning Commission Resolution 2006-25 Page 2 of2 Subdivision, Seward Resort Addition, subject to the following conditions: a. The lessee will be responsible for provision of an access easement, as required and, engineering and installation of connection to the city sewer system. b. The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat. Section 2. The Commission recommends the newly created lot be available for disposal by lease. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of January, 2007. THE CITY OF SEWARD, ALASKA , { //'! AYES: NOES: ABSENT: ABSTAIN: Clark, Hicks, Hohl, Keil, Roach', Smith None Anderson None ATTEST: (City Seal) l\\UIIU",. ~.... OF ~....",r~ .... ...-{ '-'.~ Ft,.- .~". ~'i' 'Sr' ."'.".... E~./J"~" '" ,. ~, ";"'R:;'O~:fI'~ (/'"':~ l~~jo ~ V,'''r~ ' .~.....'* ,,>..... \~ ~ .'~..J i'<-.,:Ol> v ~>' :: I ,.. ___ <' '. 1t;'1, ~ . ~ ~ :;0: S~'AIT : ~~ ;: s ~~~U-I :t)~;: .~\ ~ ::1 ,.~ ~),.. VI tl" l_ /-;.,' ~~ ~ ~~~.ts" 1 '\ f?;~.~.~ 1 ? ~.' *"..- -.i ,,...:1>....:&,,.. Co.';.....,.;... ..... ~ 0'" "\. ~:-~" 'It . d"' 1"" . .,;.* lia.an.i.' J ... 13 City (!fSeward. Alaska December 5, 2006 I'la1l1li1l1' Commissio1l Mi1lwes Folllme 6, Page 126 Resolution 2006-25 recommending City Council and the Kenai Peninsula Borough Approval of the Subdivision of ATS No. 174, Within The NW V4 of Section 3, Township 1 South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To Create A "Tract A." -Y Williams stated the City had a long relationship with the Department of the Army and this parcel would be leased by the City to the Army for the development of a marine dispatch center and caretaker's quarters. He noted that the lease needed to be in the form of a plat. Williams explained that this was a new piece of the Marina Subdivision, was zoned Harbor Commercial and the building standing on the property would be demolished. Williams explained the new parcel was located on the southwest comer of Z float and launching ramp parking lot, north of the Seward Harbor. He noted the proposal met the standards of Seward's Title 15 and there would either need to be a further subdivision agreement or wording in the lease agreement to address the utility upgrades. Williams stated the Borough Code requirement included access to a public right -of-way because the parcel was surrounded by City property. Instead of restricting further development of the City property, Williams discussed allowing a floating easement to fulfill the Borough requirement. Williams recommended Commission approval of this resolution. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Hicks asked if caretaker's quarters were allowed in the Harbor Commercial Zoning District. Hohl stated apartments were allowed, but not caretaker's quarters. Motion (Clark/Hicks) Approve Resolution 2006-25 In response to Anderson, Williams stated there was a sewer opening within one hundred feet north of where the parcel was located. He noted further discussions were needed between staff and the Army regarding utility connects. Keil asked if this parcel was previously leased to the Army. By unanimous consent, the Commission suspended the rules to allow former Community Development Director Kerry Martin to provide historical clarification. Kerry Martin, inside City Limits, stated that following the] 964 earthquake the City of Seward deeded ownership of the tidelands to the Corps of Engineers as a requirement by the Corps to rebuild t?e harbor. Martin explained that during the eastward expansion of the harbor, the Corps deeded the tldelands back to the City reserving an easement. He noted years ago the Army boat shack was on the west side of the harbor. Martin stated when the shack was moved to the harbor's east side, thc building was built on Corps property and a lease was never obtained. He assumed that the property had been subsequently deeded back to the City and now required a lease. 14 ('ily <1Seward, Alaska /lecember 5. 2006 Plmmillg Commission .lfillllles J'olume 6, Page 1 2 7 In response to Hohl, Williams stated that the original ground was in FEMA Zone V, but Seward maps and Borough maps now showed the elevated filled area was no longer in the V Zone. In further response to Hohl, Williams clarified that the City would require an elevation certificate for any new structures. Williams understood that a flood elevation certification was a torm ofFEMA map amendment. He reiterated any new structures would require a building permit review. Anderson noted that the whole area was fill and was subject to flooding depending on which way the Resurrection River flowed. Williams noted the last plat approved by the Commission was shown as out of the FIRM flood zone, but the parcel had water up to its boundaries during the October Flood. He cited this as a good example why to use multiple map sources for the Commission's decision. Williams stated the last update of the FIRM maps was 1981. Hohl objected to the statement in the resolution that the proposed subdivision met the requirements of Title 15, because there were side yard setback and rear yard setbacks to consider and the current building seemed to be in the setback. She stated the eves might encroach past the property line. In response to Keil, Hohl stated this issue needed to be addressed prior to approval of the resolution. She suggested bringing this issue to the attention of the surveyor and the Army and asking them to claritY for the Commission how this item was going to be addressed Hohl also noted the public posting was not visible from the public street and did not meet the posting requirements in Seward's City Code. Williams suggested adding a condition that addressed the removal or modification of the existing stmcture to allow the resolution to move forward. He stated his department had moved forward with the understanding that the current structure would be removed and any new structures would have to meet the requirements in Title 15. Anderson suggested Section I. b be added using language from the staff review to read, "This subdivision will not effect existing structure setbacks although any new structure will be required to meet setback requirements of Title 15." Hohl stated the Commission was not allowed to create an encroachment. Hicks stated the subdivision did effect existing structure setbacks and created a nonconforming structure in the new setbacks. He noted the proposed use ofa caretaker's structure did not conform to the uses allowed in the Harbor Commercial Zoning District. Hicks questioned if the Army would build the proposed new building when they discovered their proposed use wasn't allO\~ed and if they would instead, leave the current structure in place. He felt the applicant needed to proVide greater assurances before a subdivision was created. Keil noted an apartment was allowed in the Harbor Commercial Zoning District 15 ( 'ii" o(Seward, Alaska lJecembel' 5, 2006 Planning Commission Afillules Volume 6, Page 128 Hicks spoke in opposition to the current resolution, Clark stated the approval of the subdivision should not be dependent on the proposed development. Hicks agreed, but clarified his opposition was due to the creation of a nonconforming structure, if the resolution was approved, At the Commission's request, Williams suggested Section 1. b could read, "If the existing building is not removed/replaced, then the existing building shall be removed or modified to meet setback requirements of Title 15," Motion (Hohl/Smith) Add Section I.b, "The existing building will be removed or modified in compliance with setback requirements prior to the finalization oftbe plat." Williams preferred the resolution be denied and sent back to statf in order to work with the client to make the necessary corrections, Hohl also agreed, but wasn't sure ifthe issue was time sensitive. Anderson stated the Commission should review the subdivision based on the subdivision code and review the other aspects when the Anny returned to the City for a building permit. Hicks stated the Commission would create a nonconforming structure with this subdivision agreement with no assurances that the Army would actually tear down the current structure. Smith stated the Army could tear down the current structure without a subdivision agreement. Hohl surmised the Anny would not be issued a building permit for their proposed building without a lease agreement with the City. Williams concurred. The Commission took a five minute recess from 8:42pm to 8:47pm. Motion (HickslHohl) Postpone Resolution 2006-25 to the next Regular Meeting of the Planning and Zoning Commission Anderson asked the Commission what they expected to accomplish by postponing the resolution. 16 City of Seward, Ala.~ka December 5, 2006 Planning COfllfl/lssion A/in/lies Volume 6, Page 12 S Hicks stated postponing the resolution would allow Administration time to work with the applicant to obtain assurances that the current building would be demolished. He asked the Administration to inform the applicant that the Planning and Zoning Commission was not legally allowed to create a non-conforming structure. Williams suggested the Commission deny the resolution using the nonconformance as a finding to put the onus on the applicant to provide the needed information. Hicks supported postponing instead of denying the resolution. In response to Williams, Hohl noted that even ifthe building was not located in the setback, the eve could be over the property line. Motion to Postpone Passed Yes: Hicks, Hohl, Keil, Smith No: Anderson, Clark Hohl stressed the need to make the public posting visible from the public street in order to meet the requirements in Seward's City Code. New Business - Approval of Regular Planning & Zoning Meeting and Special MeetingfWork Session Schedule for 2007. Hohl inquired if the Commissioners had any conflicts with Wednesday nights. Keil and Clark answered in the affirmative. Hohl requested the Community Values Meetings of February 7, 2007 and February 8, 2007 be added to the schedule. Keil stated this could be added administratively. Motion (Hicks/Smith) Approve the Regular Planning & Zoning Meeting and Special MeetingIWork Session Schedule for 2007 Motion Passed Unanimous Consent Select Topic for December 19, 2006 Work Session Keil stated last night at the Seward Bear Creek Flood Service Area Board a joint Work Session was suggested for December 19, 2006. -.) \ 17 ";1\' (~(.<.,'ewa!"d. Alaska Jam",!"" .J, J007 Plannin/!. Commission Minl/tes I 'oIl/TIle 6. Page 133 Motion Passed lJnanimous Consent The following items were approved under the Consent Agenda: November 16, 2006 and December 5, 2006 Regular Meeting Minutes Public Hearings Resolution 2006-25 recommending City Council and the Kenai Peninsula Borough Approval of V the Subdivision of A TS No. 174, Within The NW Y.. of Section 3, Township 1 South, Range I ~ West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To Create A "Tract A." (Postponed from the December 5, 2006 Regular Meeting and on the floor for action.) Williams directed the Commission's attention to the clarifYing information in the new agenda statement and letter from surveyor Nick Cline Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. In response to Keil's request. Terry read the current amendment on the floor that was postponed ITom the December 5,2006 Regular Meeting. "Add Section l.b, The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat." In response to Hicks, Williams noted the easement would be negotiated with the City and would become part of the recorded plat. Hohl thanked the staff for their response to Commission questions ITom the last meeting. She asked if there was a current Floodplain permit for the existing structure. Williams stated he was not aware of a Floodplain permit for this structure, He stated either a variance or an elevation certificate would be needed for any new structures. Williams stated the current building should be removed prior to the recording of the plat. He stated it was possible the current building did require a variance, but he had not been able to find accurate information on when the fill was placed. Hohl stated her concern was not with the fill, but the existing structure. Williams stated he did not know if the building was constructed at this location or ifit was moved there. He clarified the building was not on a permanent foundation. Hohl stated she was unsure if temporary structures required a Floodplain permit o . 18 City afSeward. Alaska January 4, 2007 Planlling Commission AflllUU!5 r 'Olume 6, I'a,<!e 1 3 ~ Williams reiterated Cline had affirmed the building would be removed prior to the plat being finalized. Motion Passed Unanimous Main Motion Passed Unanimous , ., - 19 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A CONTRACT FOR EXTERNAL AUDIT SERVICES FOR THE YEARS 2006, 2007, AND 2008 WHEREAS, the City of Seward issued a request for proposals for external audit services in accordance with standard City bid procedures; and WHEREAS, two qualified and responsive proposals were received in response to the request for proposals; and WHEREAS, proposals were scored on the basis offour basic criteria (worth 100 points) and price (worth 60 points) for a total of 160 available points, where basic criteria included: 1) understanding the scope of work; 2) firm's size and evidence of adequate planning and labor hours required to complete the work; 3) firm's experience with similar engagements; and 4) firm's and audit staffs technical qualifications; and WHEREAS, Mikunda, Cottrell & Co. ("Mikunda") received the highest overall score, scoring 153.54 points out of 160 total points available, with Altman, Rogers & Co. ("Altman") receiving 148 total points, with Mikunda scoring the highest on each ofthe four basic criteria and Altman scoring the highest on the price criteria; and WHEREAS, cost is not the sole factor in the selection of the City's external audit firm, which is the reason that the four basic criteria listed above are assigned 100 of the 160 available points. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized and directed to execute an agreement with in substantially the form as attached hereto, to provide external audit services to the City of Seward for 2006,2007 and 2008, with two one-year options to extend at the sole discretion ofthe city manager. Section 2. This resolution shall take effect immediately upon its adoption. 20 Council Agenda Statement Meeting Date: February 12,2007 Kristin Erchinger, Finance Director VJfJJ From: Through: Marvin Yoder, Interim City Manage A enda Item: External Audit Pro osals BACKGROUND & JUSTIFICATION: The City of Seward received two proposals for external audit services for years 2006, 2007, and 2008, with two one-year options to renew. Proposals were received from Altman, Rogers & Co. ("Altman") and Mikunda, Cottrell & Co. ("Mikunda"), and both proposals were found to be responsive and qualified. One additional firm, KPMG LLP, declined to submit a proposal based on insufficient resources to assume additional client workloads at this time. The proposals were reviewed by a committee of four, including: Marvin Yoder, Interim City Manager; David Squires, Fire Chief; Christy Terry, Executive Liaison; and Scott Ransom, Harbormaster. The review committee reviewed and scored the proposals on four basic criteria: 1) understanding of the scope of work; 2) firm's size and evidence of adequate planning regarding labor-hours required to complete the work; 3) firm's experience with similar engagements; 4) firm's technical qualifications and qualifications of individuals assigned to the audit. The reviewers awarded up to 25 points for each of the four criteria, for a total possible "criteria" points of 100. After scoring the proposals, the fee proposals were opened separately. There were a total of 60 "fee" points available, with the lowest-bidding firm receiving al160 points. The other firm's score was based on a ratio of their fee to the lowest fee, multiplied by 60. This methodology was used in order to score the more subjective portion ofthe proposals without knowledge of the bid price, to provide a more fair scoring process. There were 160 total points available in the scoring process. Mikunda received the highest overall score with 153.54 points, while Altman received 148 points out of a total possible 160 points. Attached is a spreadsheet summarizing the analysis of each firm's proposal. The score sheet indicates that Mikunda received the highest overall score, rating highest on the four basic criteria and lowest on the fee rating. Altman received the highest fee rating (coming in $2,000 to $2,500 lower cost per year) but scored lower on each of the other four criteria. The primary difference in the cost proposals appears to be the number of hours estimated to perform the audit. Altman's proposal estimates 369 total hours to complete the audit, reflecting an hourly rate of $116.53. Mikunda's proposal estimates 450 total hours, reflecting an hourly rate of$100.00. Given Mikunda's recent experience with the City's audit, it would appear that they have a better understanding of the time required to complete the audit, thus resulting in a higher estimate of hours. Following is an analysis of each firm's proposal: 21 RESOLUTION 2007- Page Two Altman. Rogers & Co. This firm is an Alaskan based Certified Public Accounting (CPA) firm which performs more than 90 governmental and non-profit audits, representing 69% of their practice. The bulk of their governmental clients are smaller school districts and communities such as Kodiak, Bethel, Pelican, Hoonah, and Unalaska. The firm employs more than 35 people and has branch offices in Anchorage, Kodiak, Juneau, and Soldotna. The principals in the firm have experience auditing governmental entities, serve on the national Government Finance Officer's Association ("GFOA") review committees, and are qualified to perform the City's audit. Altman's three-year fee is $135,000, representing $43,000 for 2006 audit, $45,000 for 2007, and $47,000 for 2008. Mikunda. Cottrell & Co. This firm is an Alaskan based CPA firm which audits approximately 100 governmental and utility entities in Alaska including 9 of the 12 home rule cities (Seward is a home rule City). Mikunda is the only CPA accounting firm with a local Seward office. The bulk of their clients are school districts, utilities, and communities such as Soldotna, Kenai, Kotzebue, Homer, and Wasilla. They also audit the Kenai Peninsula Borough and KPB School District. The firm has eight partners and employs more than 50 people. Mikunda joined the McGladrey Network in 1997, becoming part of the fifth largest accounting and consulting firm in the United States. Mikunda's principals have experience auditing governments, serve on national GFOA review committees, and are qualified to perform the City's audit. Mikunda's three-year fee is $142,000 ($45,000 for 2006, $47,500 for 2007, and $49,500 for 2008). It is our opinion that Mikunda, Cottrell & Co. is the most qualified firm to perform the City's audit based on the outcome of the RFP process, their extensive list oflarger governmental clients, and their familiarity and positive history with the City of Seward. This firm's experience with the City is expected to reduce the amount of staff time required to commit to the audit, especially in a year of anticipated critical staff turnover. While Mikunda's annual audit bid is slightly higher than Altman's, Mikunda is a local firm subject to "local preference" and their cost estimates are based on historical experience auditing the City. Thus, their bid includes 81 additional audit hours over Altman's. Mikunda's bid for 2007 is $45,000, and the 2007 Budget includes $48,000 to complete the audit. The auditors work for the city council rather than management. There are advantages to retaining a firm with significant Seward experience, and advantages to having a perspective from other experienced firms. Management believes that we can work well with either firm. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The 2007 Budget includes $48,000 fo e audit, and both of these proposals come in under budget. Approved by Finance Department: RRrOMMRNnATTON' Approve Resolution 2007-10 awarding a contract for external audit services to the firm of for the 2006, 2007, and 2008 annual audits, with two one year options to extend at the sole discretion ofthe city manager. 22 CITY OF SEWARD External Audit Proposals Summary 1. Firm's understanding of scope 2. Firm's size and evidence of labor-hours required 3. Firm's experience with similar engagements 4. Firm's technical qualifications & qualif. Of individuals assigned to audit Possible Points 25 25 25 25 5. Fee proposal 60 Fee Proposal: TOTAL:' 160 2006 2007 2008 Total Estimated Hours for 2006 Audit * Rate per Hour for 2006 Audit * Rate per hour is for analysis purposes - Cost proposals are a do-not-exceed amount. ., ' 23 100 $ $ $ $ Allman Mikunda, Rogers Cottrell &Co. & Co. 22.25 24.00 21.75 24.00 21.50 24.75 22.50 23.75 88.00 96.50 60.00 57.04 148.00 153.54 43,000 $ 45,000 45,000 $ 47,500 47,000 $ 49,500 135,000 $ 142,000 369 450 116.53 $ 100.00 $ Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PAY DUES OWED TO THE ALASKA POWER ASSOCIATION (FORMERLY ARECA) FOR THE YEAR 2007 IN THE AMOUNT OF $17,317.00 WHEREAS, the Alaska Power Association (AP A, formerly ARECA) is the organization representing telephone and electric utilities in the State of Alaska; and WHEREAS, the AP A organization provides a forum and opportunity for interaction and professional coordination of electric utility activities and is an extremely valuable organization for the City to belong to and participate in; and WHEREAS, the dues for AP A for the year 2007 is Seventeen Thousand Three Hundred Seventeen Dollars $17,317.00; and WHEREAS, the dues represent a 0.01 % increase and the funding ofa cash reserve account as part of a business contingency plan; and WHEREAS, It is important for the City of Seward to maintain contact on a professional basis with other electric utilities in the State of Alaska, and in the nation, in order to benefit from their larger sizes which allows us to participate in multiple training and educational programs which we cannot afford to support on the local level. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to pay the year 2007 dues to AP A in the amount of Seventeen Thousand Three Hundred Seventeen Dollars $17,317.00. Section 2. This resolution shall take effect immediately upon its adoption. 24 COUNCIL AGENDA STATEMENT Through: February 12, 2007 Marvin Y nder, Interim City Manager 1 Tim Barnum, Electric Utility Manager JJ3 Meeting Date: From: Agenda Item: Payment of 2007 Alaska Power Association Dues BACKGROUND & JUSTIFICATION: Alaska Power Association (formerly ARECA) is the organization representing telephone and electric utilities in the State of Alaska. It is extremely important for the City of Seward to meet and work with other electric utilities on common problems of all types and have a voice on electrical issues on the local, state and national political arena. This is the most valuable organization to which the City of Seward Electric Utility belongs. The dues for 2007 are Sixteen Thousand Eight Hundred Thirty-three dollars ($16,833.00) and a Reserve Surcharge of Four hundred Eighty-four dollars ($484.00). This brings the total amount due to Seventeen Thousand Three Hundred Seventeen dollars ($17,317.00). The City of Seward dues for 2006 were Sixteen Thousand Six Hundred Fifty-six dollars ($16,656.00). The 2007 dues are Sixteen Thousand Eight Hundred Thirty-three dollars ($16,833.00) an increase of One Hundred Seventy-seven Dollars ($177.00) and a reserve surcharge of Four Hundred Eighty-four Dollars ($484.00). The APA Board of Directors approved Policy II-6 that authorizes the establishment ofa cash reserve account for the trade association as part of a business contingency plan. This surcharge is being applied to all Active and Contributing Members of the trade association. The money is budgeted in account 501-5400-5130. Council approval is required since the dues exceed Ten Thousand Dollars ($10,000.00). CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: 25 FISCAL NOTE: Money is budgeted in Account 501-5400-5130. Approved by Finance Department: ~ ~ RECOMMENDATION: City Council approve Resolution 2007-0\3-authorizing the City Manager to pay year 2007 dues for Alaska Power Association (formerly ARECA) in the amount of Seventeen Thousand Three Hundred Seventeen dollars ($17,317.00) from Account 501-5400-5130. ?f' .. ) Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING APPROVAL OF DEPARTMENT OF ARMY MEMORANDUM FOR RECORD AND ACCEPTING DISPOSAL AREA 1 RELA TING TO CONTRACT W911KB-04-C-0004, HARBOR IMPROVE- MENTS, SEWARD, ALASKA WHEREAS, under the June 2003 Project Cooperation Agreement between the Department of the Army ("Corps") and the City of Seward for Construction of the Harbor Improvements, dredged and excavated material was deposited behind the newly extended breakwater creating certain filled area described by the Corps as "BOD Disposal Area I"; and WHEREAS, that certain Memorandum For Record dated May 25, 2005, was presented to the City for signing subject to the City's receipt of a survey of the filled area; and WHEREAS, the City now possesses a topographical survey describing the BOD Disposal Area I; and WHEREAS, the City is now ready to accept the completion of the filled area described as BOD Disposal Area 1; and WHEREAS, this acceptance is limited to the filled area only and shall not be construed as acceptance of the breakwater itself, recognizing that issues remain to be resolved by the Corps relating to the breakwater as constructed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The interim city manager is authorized to sign the Memorandum For Record dated May 25, 2005, and deliver it, together with a copy of this resolution to the Department of Army. Section 2. Nothing else shall be implied by the signing of the attached agreement other than what is specifically stated therein and the City hereby reserves all rights against the Department of the Army that may exist due to any problems related to the design or construction of the breakwater. Section 3. This resolution shall take effect immediately upon its adoption. 27 COUNCIL AGENDA STATEMENT Meeting Date: February 12, 2007 Marvin Yoder, Interim City Manager J11 Scott Ransom, Harbormast~~ I Resolution to Authorize the City Manager to Sign the Memorandum of Record and accept BOD Disposal Area 1 relating to Contract W911KB-04-C-0004, Harbor Improvements, Seward, Alaska, by the Department of the Army, U.S. Engineering District, Alaska, Southern Alaska Area Office. BACKGROUND & mSTIFICATION: Through: From: Agenda Item: Under the June 2003 Project Cooperation Agreement between the Department of Army (the "Corps") and the City of Seward (the "City") for Construction of the Harbor Improvements (the "Agreement"), dredged and excavated material was deposited behind the newly extended breakwater creating approximately 3.5 acres of filled land described by the Corps as "BOD Disposal Area 1." Apart from the filled area, the breakwater is a separate general navigation feature that continues to be operated and maintained by the Corps under the Agreement. The City has not signed this document pending completion of a topographical survey by the Corps. The City now has this survey describing the filled land. Following signing, the City may direct the day-to-day use of the filled area; provided, however, that all use is subject to and subordinate to the doctrine of Navigational Servitude. Navigational Servitude is a federal right to use tide and submerged lands for navigational purposes, which, if not exercised by the federal government, may be exercised by the state or a political subdivision. Navigational Servitude is a dominant servitude which extends to all lands below the ordinary high water mark and is grounded in the power of the federal government to regulate commerce. Where it applies, Navigational Servitude continues regardless of ownership of tide and submerged lands, and under this doctrine the federal government may, at any time, construct levees and breakwaters, dredge channels, deposit dredged materials, and make other improvements to aid navigation. The use of tide or submerged lands by the Corps under Navigational Servitude is not considered a governmental taking and no compensation is required. To waive or abandon this right takes specific action by the federal government. Waiver of Navigational Servitude may not be implied but must be surrendered in unmistakable terms. United States v. Cherokee Nation ofOklahom!!, 480 U.S. 700 (1987). In this particular case, the federal government has retained the right to utilize the Navigational Servitude over all areas applicable and the memorandum For Record described above does not waive this right over land created by the dredge/fill material. In addition other local, state, and federal laws may also affect use of the filled land. The Harbor Improvements Final Interim Feasibility Report, Volume 2, September 1998, indicates that the area is in the high risk seismic hazard area and that there may be restrictions on the use offederal funds in such areas for certain new construction. Any use of the filled land must also comply with Seward City Code ("SCC") 15.25, Floodplain Management. The Breakwater and the filled land appear to be located in the coastal high hazard area under SCC ~ 15.25.050 D and special 28 Page 1 restrictions apply to construction in such areas in addition to the general provisions of SCC S 15.25.030. Most notably, the use offill for the support of buildings within zones VI-V30 on the Flood Insurance Rate Map is prohibited. SCC S 15.25.050 D( 4). CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plan, Land Use Plans, Strategic Plan and City Council Rules of Procedure. FISCAL NOTE: There is no cost associated with signing the Memorandum of Agreement and accepting this land, for use by the City. It may be determined that there is a potential future use for this area, in which case the revenues and costs associated with such use would be projected by staff and such information provided to Council. Approved by Finance Department ~ ~ RECOMMENDATION: The administration recommends approval of Resolution 2007-J:j providing City Council approval of accepting Disposal Area 1 and authorizing the City Manager to sign the Memorandum For Record indicating the City's acceptance of Disposal Area 1 Relating to Contract W911KB-04-C-0004, Harbor Improvements, Seward, Alaska, solely for the purposes indicated by that Memorandum For Record. 29 Pae:eZ DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA SOUTHERN ALASKA AREA OFFICE P.O. BOX 6898 ELMENDORF AFB, ALASKA 99506-6898 REPLY TO ATTENTION OF: 25 May 2005 Anchorage Resident Office MEMORANDUM FOR RECORD SUBJECT: BOD Disposal Area 1, Contract W911KB-04-C-0004, Harbor Improvements, Seward, Seward, AK This memorandum for records serves as the documentation that as of this date Disposal Area 1, was inspected, accepted, and turned over to the project sponsor, City of Seward, with the exception of the / noted deficiencies which will be corrected by the contractor, Wilder Construction Company, ~A~ Ronald S. Flodin, P.E. US Army Corps of Engineers ~ 1/2 .. th ;:. f11 r//tM4 z;",tJ Wilder Construction Company City of Seward Other attendees: ~.~ ;r~ L/~ cL ClIP- ~j/~ , k4/f?~ 30 Page 2 SUBJECT: BOD Disposal Area 1, Contract W911KB-04-C-0004, Harbor Improvements, Seward, Seward, AK DEFICIENCIES 1 J: /'~ ':>.., l/ ~~"l "-. , J. ,~.,;'.." '. J A.r<'-, <....;f-. / 2 , 3 4 5 6 7 8 9 10 31 February 1 , 2007 Kenai Fjords Yacht Club P. O. Box 2505 Seward, AK 99664 Scott Ransom Harbormaster City of Seward P.O. Box 167 Seward, Ak Re: South Harbor Breakwater Uplands Dear Scott; Congratulations on the successful transfer of the South Harbor Breakwater Uplands to the City. We are glad to see that the development of this land will begin with a much needed addition of restrooms. We are now looking toward the opportunity to move forward with the construction of a Mariner's Memorial in the 100 square foot allotment that would be the south eastern promontory of that section of property. Once we have the site secured, we will have what we need to invite artists to submit their memorial designs and launch a campaign to fund the Memoria/. Thank you for all your work towards this goal. ~~#1'~-- Susan M. Kaanta Commodore 32 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HARMON CONSTRUCTION FORA TOTAL PROJECT AMOUNT NOT TO EXCEED $248,000 TO RE-SIDE THE SEWARD SENIOR AND COMMUNITY CENTER, AND APPROPRIATING FUNDS WHEREAS, the City of Seward advertised an invitation to Bid for the re-siding of the Seward Senior and Community Center on 12/28/2006 in the Seward Phoenix Log and on 1/3/2007 in the Anchorage Daily news; and WHEREAS, the exterior stucco of the building is falling offin places posing a significant safety hazard to everyone walking by and the siding itself is no longer an effective weather barrier for this City-owned facility; and WHEREAS, there were a total ofthree bids submitted that were evaluated through a six (6) section grading criteria (specified in the bid documents) including the fee; and WHEREAS, as a result ofthe evaluation process, Harmon Construction was selected as the lowest qualified and responsive bidder as required by Seward City Codeg 6.10.135 and SCC9 6.10.340. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a contract with Harmon Construction to re-side the Seward Community Center in the amount of$215, 1 04 with an additional contingency amount of $32,896 for unforeseen construction costs for a total amount of $248,000. Section 2. Funding in the amount of $248,000 is hereby appropriated from the Capital Acquisition Fund account no. 103-0000-3070-0667, to the Seward Community Center building account no. 667-6672-5390, for the removal ofthe stucco and the re-siding ofthe Seward Senior and Community Center. Section 3. The total project cost includes the cost for prevailing wage rates that are inherent to municipal funded projects in the State of Alaska mandated by the Little Davis Bacon Act for public construction projects $2,000 or more in value. Section 4. This resolution shall take affect immediately upon its adoption. 33 Council Agenda Statement From: February 12, 2006 Marvin Yoder, Interim City Manager 1 Tom Shepard, Project Manager tf2; , Authorize a contract with Harmon Construction in the amount of $248,000 to re-side the Seward Community Center building Meeting Date: To: Agenda Item: BACKGROUND & JUSTIFICATION: The Seward Community Center is a 3-story block building located at the northeast comer of Third A venue and Jefferson. The exterior stucco siding ofthis facility needs to be replaced. The material is falling off in places posing a significant safety hazard to passersby and the siding itself is no longer an effective weather barrier, causing damage inside the building. The basic scope includes removing all ofthe stucco, window replacement, fur out building to accept cement board lap siding, insulate the exterior between the furring strips, and install new siding. Pre- finished cement board lap siding is the siding of choice due to being virtually maintenance free, durable, cost effective, aesthetically pleasing, and easily installed. Dana Pap erman, executive director of the Seward Senior Center, and the patrons of the Senior Center, selected the color combination. On December 28, 2006 the bid advertisement began locally and in the Anchorage Daily News. We had a total of three bid responders on January 25,2006. This bids were evaluated through a 6 section grading criteria including the fee. As a result ofthe evaluation process Harmon Construction is selected as the winner ofthe bid. The point total and fee for each bidder is as follows: Contractor Fee Overall Point Total Little Susitna Construction Co. $439,736 63 Blazy Construction $286,697 79 Harmon Construction* $215,104 96 * Bid Winner The above fees include the prevailing wage rates that are inherent to municipal funded projects mandated by the Little Davis Beacon Act. A 15% contingency in the amount of $32,896 for unforeseen costs needs to be added to the bid, for a total project amount not to exceed $248,000. The administration requests Council approval to fund the cost of removal of the stucco and the re-siding of the Seward Senior and Community Center. 34 CITY OF SEWARD RESOLUTION 2007-016 CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Funding in the amount of$248,000 will be appropriated from the Capital Acquisition Fund for this project. The Capital Acquisition Funds were previously exhausted for the purposes of repairing the water tank located at SMIC, but insurance proceeds were received and returned to the Capital Acquisition Fund. Approved by Finance Department: ~~ RECOMMENDATION: Council approve Resolution 2007- 016, to enter into a construction contract with Harmon Construction to re-side the Seward Community Center, and appropriating funds in the amount of $248,000. 35 CITY OF SEWARD P. D. Box 167 1.10 Adams SU'ecl Seward, Alaska 99664 City Manager's Office 907.22<14047 907.224.4038 bx citvnlngr<{Ycit yofsrward .111..' t CONSTRUCTION CONTRACT CITY OF SEWARD SEWARD, ALASKA This CONTRACT, between the City of Seward, Alaska, herein called the City, ac . and RE-SIDE SENIOR CENTER (JOB # OR RESO#) Harmon Construction Company Name PO Box 1650 Seward Alaska 99664 Company Address (Street or PO Box, City, State, Zip) alan 0 Individual OPartnership OJoint Venture OSole op the State of Alaska, its successors and assigns, herein called the Con Manager on this document. The Contractor, for and in consideration of the p covenants and agrees to furnish and deliver all the construction of the above-referenced project as bid Contract Documents (as hereinafter defined) are made s, done or furnished by the Contractor ity, nor sh e Contractor do any work or furnish any ials is order d in writing by the City. In no event shall the rk, or labor done, unless the materials, work, or labor are ny such work or materials which may be donc or all be at the Contractor's own risk, cost, and expensc laim for compensation for work or materials done or this Contract shall not exceed WRITTEN DOLLAR AMOUNTdollars . ms, additional work and change orders. The Contra ees t all materials shall be furnished and delivered and all work and labor shall be done and ct, to the satisfaction of the City, on or before: June I, 2007. It is expressly understood and a e failure on the part of the Contractor, for any reason, except within the written consent of the City, ishing and delivery of materials and the doing and performance of the work before the aforesaid date, the the right to deduct from any money due or which may become due to the Contractor, or if no money shall be du y shall have the right to recover Two Hundred Fiftv Dollars ($250.00) per day for each calendar day elapsing betwe e time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such de ction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay the furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. CONSTRUCTION CONTRACT RE-SIDE SENIOR CENTER PAGE 1 of2 36 The insurance certificates and the bonds given by the Contractor in the sum of WRITTEN AMOUNT($-> Payment Bond, and WRITTEN AMOUNT($~ Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of, and to the complete satisfaction of, the City subject to an inspection at all times and approval by any regulatory agency of the City of Seward, Kenai Peninsula Borough, State of Alaska or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. IN WITNESS WHEREOF the parties hereto hav I) Bid Submission & Fee Proposal 4) Agreement Certificate For the purposes of this Contract, Contracting Officer Means City Manager or any oth Manager. The Contractor is an independent contractor and not an employee or agent of th law, the CONTRACTOR agrees to defend, indemnify and hold harmless th employees, and volunteers against any and all liabilities, claims, demands, 1 fees incurred in defense thereof, arising out of or in any way connected 0 so Contract Documents shall have the meaning ascribed by the Gener but are not limited to this Contract, the General Conditions of t and the following listed documents: CONTRACTOR Company Name Marvin Yoder Typed Name of Interim City Manager Date Jean Lewis, City Clerk (ATTEST) CONSTRUCTION CONTRACT RE-SIDE SENIOR CENTER PAGE 2 of2 37 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH FRONTIER BUSINESS SYSTEMS FOR THE PURPOSE OF REPLACING THE LARGE FORMAT COPIER AT BUILDING & ENGINEERING FOR AN AMOUNT OF $668.00 PER MONTH FOR A TERM OF 3 YEARS (36 MONTHS) WHEREAS, the Building & Engineering Department's Xerox larger format copier quit functioning this past December and is no longer being serviced by Xerox due to the unavailability of parts. This machine is vital to the operation of the department; and WHEREAS, the City of Seward advertised an invitation to bid for a Large Format Copy/Scan/Printer in the Anchorage Daily News on January 10, 2007 and in the Seward Phoenix Log on January 11,2007; and WHEREAS, Frontier Business Systems out of Kenai and Anchorage was the lowest and responsive bidder for a replacement copy/scan/printer at a rate of $668.00 per month (with the option to upgrade or purchase at the end of the lease term); and WHEREAS, The lease amount has been accounted for in the Building & Engineering Council Approved budget for 2007; and WHEREAS, there is no other large format copier in the City of Seward capable of making large format copies (C, D, or E size) as necessary to meet various City of Seward departments' needs as well as the needs of the community; and WHEREAS, the Building & Engineering department seeks to replace its non-functioning Xerox 3060 with a KIP 3000 scan/copy/printer to continue to copy and have the ability to scan building plans, store drawings electronically for archival purposes, and have the ability to e-mail them directly to other departments for review; ultimately saving the City a significant amount per year in toner, developer and the time that it takes someone to collect, copy, mail and route these plans manually, as well as savings in postage costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council authorizes the City Manager to enter into a lease agreement with Frontier Business Systems for the lease/purchase of a large format copier, for a cost of $668 per month and a term of three (3) years. 38 CITY OF SEWARD, ALASKA RESOLUTION 2007-017 Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this lih day of February, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, City Clerk 39 Council Agenda Statement .~ Meeting Date: February 12, 2006 Marvin Yoder, Interim City Manager Jf/7 Tom Shepard, Projee. Maoager {11 Approve annual lease funding of $668.00 per month for three years with Frontier Business Systems for the lease purchase of a large format copier/printer/scanner with a $1 end-of-term purchase To: From: Agenda Item: BACKGROUND & JUSTIFICATION: The City currently owns an eleven year old, refurbished Xerox Model 3060 large format copier located at the Building & Engineering Department that is primarily used for high volume uses, such as both City and community building plans, as-builts (required for all City Leases), plats and maps for Community Development and Electrical Engineering projects, Water/Sewer construction as-builts and construction prints, harbor float drawings, SMIC drawings, copies of dock drawings, Parks and Recreation toumament brackets & race routes, and other miscellaneous City documents over 11 x 17 in size. The large format copier is also available for use by the general public. It is staff's understanding that this is the only machine in town capable of copying large format drawings. This past December, our current copier quit working and due to its age, is no longer being serviced by the Xerox Corporation. The type of large format machine we are seeking copies, prints, and scans. This printer package is now typical for large format copiers. The new machine will provide the City the added ability to store all oftheir drawings electronically; saving valuable time and space. All drawings that the City has will now be available to staff electronically adding a tremendous level of efficiency. The City started advertisement of the bid on January 10th, 2007 .We received just 1 bid from Frontier Business Solutions out of Kenai and Anchorage. Interestingly, Frontier offered better pricing than what our own research uncovered by 20%. The service contract includes travel, parts and labor and is reflected in the lease figure above. The annual lease of this machine is accounted for in 2007 Building and Engineering Department annual budget. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The cost to purchase this large format copier/printer/scanner outright is $18,625. Overall price of the copier/printer/scanner over the life of the lease is $21,852, (interest paid by the City is $3,227). Funding for annual lease payment is included in 2007 Budget. Approved by Finance Department: ~~ \ RECOMMENDATION: J Council approve Resolution 2007- 1ntering into a lease-purchase for $8,500 annually for three years with Frontier Business Solutions to replace a large format copier-printer-scanner. 40 Real-time original image viewing of copies and scans, so you see exactty what you get - and minlmize time consumjng rescans. '~ONICA MINOLTA KIP HDP Plus technology delivers crisp, 11igh-definition prints and copies w~h tnle 600 x 600 dpi resolLltion, reproducing texi 8Ild fine details wlll1 razor.sharp precision. 1-roll or 2-roll media capability upgradeeble in Um field, so YOli can customize your workflow to the demands of any job. Fast output speed of 4 "D" size prints per minute keeps your woMlow mors productive and helps you respond more quickly to special needs. Small integrated foolprint for temporary offices and 1iald facilities where space is lmited - recuires just 18' side clearance and 24" rear clearance. Advanced tOllch-screen user interlace makes it easy to control all system functions, even for firsHime operators. Expanded print length: siZes ranging hum 8-1/2" x 11" to maximum 36" x j 1.8' in both ~"" .~ . II printing and copying. Dlrect..contact toner: non-rnagnellc, mono-component toner technology creates dirsct-fill areas w~ rich, vibrant blacks; tonar on paper Is undetectable to the touch. 100% toner efficiency with no carrers, developers, or messy toner waste bottles to dispose of for mars cost-effective and Bnvirormenially fliendly operation. Low operating costs: Economicai direct-contact toner system, expanded cluly cycle and fewer scheduled maintenance visits combine KIP 3000 to give you outstancling. low-cost productivity. KIP software: supports standard CAD and raster formats, with powerful features, simple on-screen graphics, and advanced job Ilandling capabilities including print queue management, status updates, and dithering and grayscale control. Illustrated user guides ars available on the Intelligent operator panel, provicling clear instructions for all operations. Digital Copier/Printer/Scanner. High output speed.True 600 )(600 dpi resolution. Flexible configurations for digital copying, printing, even scan-to-file functionality. Plus 1-roll or 2-roll capabilITy, upgradeable in the field. It's a perfect fit for your business workflow - only from KIP. I 41 -III. The essentials of imaging rmtl.!!'E9,,~p. i5fflc. Equlpmont Flflance SerYices 1310 Madrld Streel, Suile 101 Marshall, MN 56258 Fax: 800.328.9092 FRONTIER IMAGES PROGRAM -.f!lON~ "lts;ae~1 ~Yltem~ BILL TO: SHIP TO: PURCHASE ORDER NO: ATTENTION: This Frontier Images Agreement is made by and between U.S. Bancorp Business Equipment Finance Group. U.S. Bancorp hereby leases lhe following property to customer identified In the "Bill To. section above and hereinafter referred to as Customer. COUNTY: INFORMATION SCHEDULE QTY. MODEL NO. DESCRIPTION SERIAL NO. MONTHLY BASIC MONTHLY COPIES OVERAGE USE CHARGE INCLUDED COPY RATE Overages 10 be billed: DELIVERY/INSTALLATION CHARGE $ DOCUMENTATION FEE $ o Annually KEY OPERATOR PHONE NO. METER READING o Other:_ by Frontier BUsiness Sys/ems . The non...cancelable term of this agreement is _ months. · The Basic Use Charge and Overage Copy Rate Includes all mainlenance, parts, labor, supplies, black toner and color1oner unless noted, excludes copy paper. THIS IS A NON-GANCELABLE AGREEMENT FOR THE TERM INDICATED ABOVE. SEE TERMS AND CONDITIONS ON REVERSE SIDE OFTHIS DOCUMENT. DELIVERY GUARANTY YI)l,l un-deratand and Il9ree thai In the event you are not .saUsfied with the delivery and 1.n:,>tIll/tl(iQn of the equipment that you st\all only IQQk kl persons other than U.S. BatICorp Buslness Equipment FlIlQllce GI'OlII) $Oah as the mam.rfachJrer. 1nstaller, Qr t:iurier, arKl shall not 8SS8rt against U.S. Bancorp Bus"le$$ Equipment Flr1ance Group amy claJm or defense that yeu may hEMl with refel'9(\cl!I ID the equipment or its installalJon. Furthe:-, you aulhorize U.s. Bamcorp Bu$lnes$ Equipment Fnance Group to p.y suwlier rOr th. equipment and understands lhet paymlllnts shall bagm 30 days from the (I~1e you ex.&cule Ihrs agmement and shaN ~ c:ontlnuo-.s theresfter per the terms of lha A9teem.nt. CUSTOMER SIGNATURE X SIGNATURE X DATE (Auttiorlzed S1gnawre) PRINTED NAME TIT~E DATE PRINTED NAME u.s. BANCORP BUSINESS EQUIPMENT FINANCE GROUP (OWNER) SIGNATURE TITLE (Colllorate Approval) TITLE SALES REP# 8RANCH# FOR legal Name of Corpora6on. Limiled Liability Company or Partnershfp GUARANTY At!: addilional il'\ductl!mlml for U$ to ent8r Inl~ I~ Agreement, the urn:lerslgne..:: ryauftJ uncondlth:lnaNy, JDlntly and severally, personally guarantees that the olJ3tomer will make all paymentt and mest all obllgallons requn,d unGer this Agretlml!lnt and any supp~lTlent$ fully an(j promptly. Yoo agree IhaL we may make other amll"lgemeot& including CClmpromlse or settlement wUh the customer and you waive ill! def8n$e3 elld OOUCe d thoe changes and will remain responsible for the payment ~nd obligallDns af Ihls AgteemenL We do not heve to notlft you if ths customer 115 In default. If ile wstomer default$. you wlB immediately PilY in Ilccordanoa with !he default provislorl of tne Asreemenl all sums due undeT the LeRTJlll or the Agreement and will perloon ;all the ooligalk;lns of the Agreement. If it i8 necotl$9"Y iQr l.I:S l<l proceed legally lO enklrce this guaranly. you exp-ressly consent Lo the jurlsdfctlon of lhe cctlrtsel out In paragraph 15 and agree to Pl!y aN costs. Including attorneys rees InculTed 1n enfarcementof this guarlnly. It Is not necessaryfot us to proceed first again!!! lhe customer before enfordng fhlsguaranty. By signing this gU3r3f'1tl'. ~ou autl10JUe us to obtain parsonal credIt bureatl reports for credit OVId coAedlon plJZPOSElS. PRINT NAME OF GUARANTOR SIGNATURE DATE 42 1. AGRE8.1ENT: Yoo 8lJf'8IIlo 18868 from US the- personal.,roperly desClibld Under '1TE'" OESCRJPTION" .Id as mcdi~ by llUPplllmlm 101m UasI.,. AgrBlll'l1QI'lI from IWne to lilnlllllgned av yell MId U, \4ucJ1 pl1lp.-1yand any uPlJIades. rlpl!l<*nenlB, rlpillrs and 8ddlllons llIfarflld to as "Equipment") for iluslntu pLIIVOIi_only_ You agrHfc a~ of tM lonnr; and conditiens conlained in lhil Agreemlft and dny u~~rrn:nl, vmIch tDgettler.... a conllHllt Illt'llllJ1fH1tlll o~r Apcm.,1 ragardh:J th& IIsC~ Ol(fllIpmm r'Ao~nt'1.and supltl'S8ltes a~ purch~se erder OJ ouIlllardng invoice. This Agl1lemenl m&y be modified "nly by 'Mitten agreement and rlel by ClJUrMl of perfoml.:mc,q., Th\$ A(Jr4Mlerll beI:oml' vald u"on fiJIle(:\lllon by UI$ and will begin on th~ 191M <:ommencemlllll dale anct wi' Coolif1.l8 rrom thIlo!hl day of lhe fr:JlkJWIng month for \he oomber of conl8cutiv'1'l monltl!i sOOoo. The limn wlll be ulended aLilorpatlca;Jy for succes&lve ITll'Jrth ID menth wnns unl8ell Vot.l send us wrlhn notice you do nol WMlIIt renewed at: leasl ttrirlV (301 davs bBlorl thl ifill of any lann. ]f any "lO'Mlon of this A(lrMment Isdeclarwl unenforuatlfl in any ,iUrldc'llon,1he alhGrfll"evjsfonlll1_in Iltlall remain 10 full IOrne (ifill elMd In 1hat Jurhdldiorl and 811 othere. J... LEASE: Leese will be payaWe In 1netc1l1nfln1s, llad! in 'he amount of 1M bIIlc: 1_ P8l'm/Mt &hown plus any appJ~ble l15a1el talC, U$f lax. p1U$1I121h I1f lhu amount _Imated by us to be parsonal pmplltlytM.on Pls Equlpmenl fcreach year or Ih. AgrQMIont Vou \\'ill pay thel6ltd.Jl'i1y depooll-aB lhe a.tl'l 'fDu s1gllltJ11I Agr~ $Ubsequerrt il"Jl5ialmemli will bit payable IJIllhe nJd day or each ~ J)Q)1T1~nI: perlod.shoWn beglM~ after the IIrst lease payment: porlod_ The lease pay(lble for the n10nlh or rent COITIITllInCelTem shull be prurnlllO from IIIe monlhlV IMSO amount Ml forth above. We wwill have thv right kl apply all 5llms, ~ from you, to an~ amounts due ana owed to us unaer the terms. or lhe this. ~rMmlMl. In th8 welt lhIa. Agr....mlnl is noI My completed, the 68CllrJt~ deposit 'Nil be I8talnad by us 10 compeRSBllil U!I for our doeI.manlu50n, prOwsalllQ end CllfJer 10('**1. If fur iIIlY ru<l5llft, roLl" check Is rdurl1f:ld for flOflpaymant a $2;0.00 bad dudt. dUlJg11 \WI b. all!ienecl. s. MAINTENANCE ANO SUPPlJES: The ctllllges estabIlstIed boy Ihf. Agreement indudll paymenl fClr lhl we of n18 designated Eql.liP"llenl and ~l8&, malnlenMOIl {during nonnal business hours); Il1SplcllDfl. ar.Ijuslmonl., part. rlllphlC8fflIlRt. drums .-Id clBaning. mallRal mqlllfl!d for the plClper 'OpItudion, lIB _~ ... Wlldlloner and da....llIoper. Paller mull blt .PIll'.tllly plJrchasDd by c;uslellW. Colw- tollElf, if stipiJatod _ not Includr:ll:llnlh!1I Agl"fIlH'flonl: will be billed SltlJllfllltlly, IfnBClMllllry,!he eervlceand su"p1y portion of IhIsAgJewnllfllmeV b. assigned. <l. OWNERSHJPOF EQUIPMENT: Wearu theDWl16/"oflhfl DqlJlpntrnllllldtluve wle lilla to lt1e equipment (excluding soflW8ll!1). You agrae to keep 1J1l'equlpmalltfree and cfoMr(lf all BllIl&oIiInd dalma 5. WARRANTY DISCLAIMER; WE MAKE NO WARRI\NTV EXPRf.SS Of',IMPI.lEO,INClUOING THAT THE EQUIPMENT IS FlT FOR A PARTICUl..Aft PURPOSE OR TKATTHE EQUIPMENT IS MERCHANTABLE. YOU A~EE THAT YOU HAVE SELEcTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISClAIM ANY RELIANCE UPON ANY STATEMENTS OR REPREsENTATIONS MADE BY US, 6. LOCATION OF EQUIPMENT: YClllIll'llI keep and UIIl!l the eqylpment~rlly at yaw-address r;/lown above and you agree IllJt to mate it 1J1118!iIIi 'VI8 agfQf;1 tCI it. Hlhe end or t!IeAgreement"s lenn, ytlu wm return ifill eq~pnsnt ~ a locatJon...... specllyatyour lL'CpIfIll. in rlllal resallllll:lcoclllllion, fullworldng OtC9', and in complete repair. 7. LOSS OR DAMAGE: Ycu arB rl8pClMlbl& fer 1!'1(t riek of Jooe (It far 8JI!f doalruclicn 01 01 aamage 10 lhe equrpment No .~dt toss or damllge rullovu you rrom tha paymant obl!gallon& tJndll!tl" Ih~ Agfllement. You agree to pl'"QIIIPtly ootify UIIIII writing or IIlIY lOR OJ t.IlImage and you Yoiltlhen pay lei u& 11I8 preeeri valuEI of jhe ~1Il of aE unpaid Iea.:M FMymmta fer Il1a fulleasa t\!lrm p1ua the estimated felr 1l1N'Mt value of the EqulPfT'Htnt allhe erld llf the originelly 5c;l'llldulod Irmn, all dlsooullloo ill::Iiilr: PQfClmt (6"J.) ps, YIlOl'. Any pmooed!il of II\$UI'Bt\Ce will b. paid II) lIB ami CFBdltttd. at our opUon, ';ailll2 an~ loa or dem.ag.. fl. COLLATERAL PROTECTION A~O INSURAr-.lt':E: Yoo oilgr'l to k~ Ihe aquipmerli 1~lly inaurltl agall'l5llo&c wiln US.lS lOA p;ayea ir. an amount noll_than rspl~ cost urnllltll& ~l'mlsrlt is terrnlrWed. You alxl l!Jl'Oolo obl8ln e. general putjlc I~ InlSlJral'lC& polley rmm anyone wJ10 l!IIliI~ to us and to induelilllS -ItS an iMUl'ttd mIlhll policy. YOtl agrelto pl'O\licla us certVica1e6 or alhel ewklence or InGUrancs- 8CCoploblo 10 US,. before 11111 ~ment begins (lr, _ ....1I't1nro11 yoo In oorproper:t}l dalnagemverage program end bll you 8 propertv damage surcharge.. a raarlI of OUf II1mIBs8d admln!str.llil/& r::osIaand croQlt risk. "'-$ lOng '" you tlre curlei'll. tllw lime oflhe loss(eJlc~i!lg 10_ 1'fI1unJlI9 fRll'Tl acts of God), the replacement '\Iatue llf the eqt(prnenl'Mll bill sppliad agalnal 811'1 loss or dam.!lgo 1'IS p9l" paragraph 7 You must De eLmMlf 100 baneftt Imm lhe property damilge SUI'I:lhIllQ& program. No'THINfil IN THIS PARAGRAPH W"'-l REl..IEVE YOU OF YOUR RE5PONS18lUTY FOR lJABIUTY INSURANCE COVERAGE ON THIS EQUIPMENT. 9. INDEMNITY: W. ar1l not re5pOflSibkl for any Iossllr injuries ClIIIsed by 1h1llnsl:<I11sUon Of use of IDe equipment. YllU agree to hold us Iwmless and re/fnijul1c 1.1$ lor 10$$ 8tId II) cillr8fld la IIIJ8inl! 2I"f daim ror IDM8Il or fnjuy caused by lhe EquilWGnt.. 10. TAXES AND FeE.S: 'fou agree 10 pa)'whlll1due sJllm;ea(lndUdlf'l!ll ~rl\(lflal proporlyhul, Iinesilrld penallles) Illll~ to IhisAgreement arlhlil Eql.lIJDIanL If_ p8)' any of tho abo.... rOl'YOU,.\lUUagrooto refmbursa us and 10 ~ us a procung f_ fur aaeh paymtml WB mek" 0(1 your behar, You aiM agl"(lQ 10 tmY UIS any filing r_ preeaibed D';' mil Unifoml Commerdel COO" gr othc:r IIlW ilfId relmb-.ll'$O us (or d lXlS:llfl\/olved In (Ilfl1pleUng lhJ$lranlMl!;lion. YOOJ Curthwagree to IHI'r' ua S5~.i50 on the dal.the fll'llJellI payment ill due 10 awerttlll experl$G of orlgll'ld~ng the Agl1Hlmrwt. If the Iotal sum aftl1e payments exceede $l05,OOO,lhe origiNltion f.. wll be $711.50. 11. ASSIGNMENT: YOU HA.VE NO RIGHT TO SELl, TRAHSFER, ASSION OR SUBLEASE THE EQUIPMENT OR THtS AGREEMENT. Will may :asD, _RiG'" (It" 1rwliIfer this Agl'HmenlllYi\hcul f1e~ce. YQU agrelllhet If we sal~ I18Bign. or Irllflllfer Ihls Agreement. the new ewnBl" will have Il'Ie same rlghls and bef'lefJlSi that WIlI'lllIlIlio flOW IIIIld 'M1i net hBIIII m padorm any Qfow lltli9lltions. You !igr.. I~at the righls oftlvtn_ OWlIll" v.fU not be 4Ubfl1ld to DnY claim!>, defBnStlS, or seI ells IhsL YDU may t1a'la ~aklIII LlI. 12. DEFAULT AND REMeDIES: If you do not pay any lel!lsepaymer<<orCrll1er sum <lUG 10 tIS or olher party when duecr If you breek anyof)lOlR" pmn1iM5 in lJIe Agntemn or any CltherAgr&emenl 'llitJ1 ua. Y<Ju ""I bit fl dllfault. "any put of a peymllll'lla hd.. 'feu 119'"" to pay a 18\10 el\ergellf 15% of th& payment which is-In or it J8SII. IhB mllldmum dlarge allowed by law. If you are fNN In default, 'Nfl may nMln)'ell" oecurity dIllpostl Ind ail ou, (lpliDn, _ CIIB IlIfflli~ or Cll1cICIt1Is Agl1Mlmllltll8J1d ~~o \4Btycu pay (1) tM unpaid bali!nce ~rlhls Agfllement(discounlW ill: ft"/\I}i {~l!hQ IWOI,lflt ol.nv purchaH Dpllon ami If tIOnala spl!lCltlsf, 2Q% of thll original equlpnem Q)sf: "","1m ,.~8ltI'lnltl-llUr 8nlidpalad rMidIJ8I...81ue in the equipmBflt: \~} ~ refQm tl1l' equlpmernl In lOa to a 101:a1km da5ign..wd by ~ We mil)' fIICQVIIr lr,l:flIBllt(lf1I!1I1Y unpllJct balanc.. et 1m. r.:sllt Qf e% per af1run. We may also U&e any of the remlldles aveRllbIe Ie 1.19 umllr Artide ~A of ItIe Uniform Commeraoal Code all anac:'llKl In lhe Shdo of ~ or Itt AMlngeI'e; principal place 01 busirwss or I6I'f oti'ler 1_. If _ ~ttrlll Agfllen1f1f11 tQ tII'llltt<lfJlt'y fQr ~Uectll)fl, )'<IU aiJrM to pay ~W" lltil50llilble aI1Drnliy'5 fMS Ind BCIualooul1 coate. If __ t.vllloiakl po_5l56cn of Ihll eqUipmlll1l, you i1Q~ to pay tile cost ofrllpJseeeeion. TI1a lIat procllldl!l of thl sale cl any A1poueNl!ld Equipment 'l'dll be credited ~IIMI MlaC you owe us under this Agreement. YOU AGREE THATWl'! Will NOT BE RESPONSIBLE TO PAY YOU ~y CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR Am DEFAULT BY us UI'lOER THIS AGREEMeNT. YllU aQ~ that any dfJCay or fallute IlJ enfurca our Iight51Jf1dor tht5 Agre&mllnt dols rot prl!ltJent IJ& from enforcing any right!! a.t :!Ikiar lime.. It \!J further afll~d thlll. ~ur~ .rld remea. arG goylmld exclusively bytlll5 Agleement and you walvEl'eustomar's fights under Artfcle 2A (&J8..522) of In. lice. 13. UCC F~llNGS: You grant us a ~rIly Interest Ir1 the ~pment Ii ua AgIllBmBtlI ill delfJlld a aec:ured irallAclklfl al'ld you authortze us to record a UCC-1I1Mndn~ s1alGmtlill ot IiimDurir-rstlvnent, and IpPOint U$ YOlJ' allomer-In-rect to eiu.cuto.and deliver such ]nsln1men~ In order to show our interesllrl tbt IIlqulpmtlnl 1-4. SECURITY DEPOSIT: The security depcsit il5 IIOrI inlere:rt bearinll and I.H tu 88Cure}'Cur performance lJf'Ider this Agreemllflt. ArlV oocLll'lIy rlep:1!>lt rn. milY 1:18 tl~~ by utlo Sillily lI/'IY amolJlll owla by you, in which _nt you oMIl lromr:rttf r~re the eecurilydepO$l1 to l~full anoLlllt as sat fu.rth liIbov6. l( all cOfldmcms hlKtlln are My o:Implled \\11th and provicllld you have nctever been In dBfa~lI gflhls Aigreem&nl PBI' panigfsph 12, the aecuritydeposit Will bo refunded to 011 after III rellR"n <:t lhe eqcllpment rn aGCOtdance with pill'illltilph Cl. 15. CONSENT TO LAW, JURISOICTJON, AND VENlJE: TI1k1 Agruetnonlllhall be dHmlld !Ulty lKlllUleli eM perl'Ofmed In 1he 1l1"1~ of O~ ut II$A~ne&'s JlrihCIpal p100e of Wslness and shall be QG'/8Jl111d by and construEld In .:sccordance With 11&]3\'0'&. If tho a_Ill" Ita ~l'le$ Sll~ bring tIIT'f jUdicial prc~euding In relullon 10 1ItI'f mlltter artaIng urlderthe Agreement, th&Customer hTlWOCably agrem thai. any sud1 mailer may be adJw~ QrdahllmirnHlln EII'l\I l;:Q!;Irt Of ~rts Il'llhe tJ::!IIIe elllle Owner or It&Asslgnse's pI1ndpal place or buslness,.or in.any cour1 or mUM HI CLIIlomfJf'fi EI$ Df l'$IIIc\$nC$, or III any <llheor OQlJrt ha\llngJunoolcl;\On 0'Ift(ffl, Cl.J6IDmerllf aesab ofllle CustClmer.1lIf Ill: the ROle ,,1~lon oflh$ OWner. The Cusl:omer benlbylITtN'OC1'IbIy SllDrpIts !}t!ner<lqy "lid ono.m:ll!lohally II) the jurisdiction of i1r1Y &lIch court sa lIIeaecJ byOWner]n relallanto such matter.s, You W81vll trial bV Jury In any udion betwee~ us. 10. OVERAGES Alii) COST ADJUSTMENTS: VOt.l 8g1'M to mmplv with KrTf biUiftl procedurl!ll5il9l5lgnated bV us.. lnduclingi notlfying U$ ofth... meter riHldJng ilt 1M llIl'Jct of Mch month. 17. IJPGRAOElOOWNGRADE PROVISION: AFTEA.INCEPiloN OF THE AGREEMENT AND UPON YOUR REQUEST, WE MAY REVIt!W YOIJ~ <;opy VOLllME AND PROPOSE OPTIONS FOR UPGRADING OR OOWNGFlADING TO ACCOMMODATE YOUR NEEDS. 19. TRANSrrJON BILUNG: In lI.r ILl facilitate BIllJnierlylr8f1litjon. lnc,tJjlng Imtallallon and training, am 10 (IflJvid& a Uf1ifarm billino cycle, the "Effective [)lle~ ~ Ihls Agroorrnrnl will b81f1e nfteenlh (1sth) day.of the monlt1 follOlNlno IASlalHitIon. Cu$toI1'lef" OIgffJIM to pay e prorated emllUl'tt for the pwiod bel;waun tho ir*ellltion aell and Ih& EfI"~'Ja Dale. This P'!ymWlI fur Iha !rilnsitilJll poriud "",II blI boL5ecI olllhe base minimum uaage payment PfOrabed !)Ill 30 day calBl1dar rnontJ1and "0'11I1 be added to 1M Cus!omer'$ ftr&I. fnlloloe. FOR MUNICIPALITIES ONLY 111-liI. CUSTOMER. COVAENANTS: I'" CueIomsr Cllvenanls and warrants thai (1) I has, In acx:orilance 'With lhI!Irequiremems of law, My budgeted and apJJ'Gprialllr:i sultlcloot flJ(1ds for Ihe currant b~ \l8I1fW mako the PUVmBflls sd1ecluled Ie com. du..m 10 meBt 119 Dlher obj~,ll~ uO(lfK lhe ~reement and such funds hOMlo nOl bel;)n 9lr;p&1dt1c1 foro1hl9f' purpoNI: ;end: (2) thsllhota I:iI no aclJGn, d, proceeding or iflvesllgatlon pending, or threatened In any COOl!. 1)r~(har bibunullJr c:omplII.erlljurisdir:lion, state at rederal or bemr& 'f'nJ pll~C board 0( borfil, v.t!idl in an,! Wflt WDuld (s) fIIlItrain or Il1joll1 the dBlIwly of Iha Agl'8M1snt or Ihl abllly of Ihe CUI5Iomer 10 make 1& 5300 Payments (85 set oul utItIve): (b) eenlesl or Iffect!he- authority fer lha oxer::ullon or d9~\jmy of, fR'" the- vaJldh of, tl\(l AgrOemfJnI; or (c) l:ooIl1lllthtt 8Jd~ and poWln of INt ClJllI:nmer; !lor ilIlhRnlany blllM for any eur:h a"'IOI1, sull, proCllllldinll orirwe&llglltioo; and (3) Th8IIJ!e equipment wIJ ~ operet<<l and controlled by the Customer and will be UIlIJd (or asulntl81 government purp0566and will to be IIS!Ientlal for the term otltle Agreemerll. (-41 Clmloomrl1a1ll1lJt prevklU$/y lttrmlnated e umtfor noh-lIpplOprlution, ~~BPI.llIplcl1ically described In a lefter i!pper.JDd huhItD 19-1::. SIGNATURES: Each slgnor (two If monthly payment exceeds $1 ,200) WlIrrl'l1la lhet ha/Bh" 1$ fl.llly OOl'M!lfSaN with 1he govBllliI1J relevari legal and regulilklry provisioos and hall fUt JlOWBf!lnd BUlhoriz!UOI1 to bird CUl5Iomer. Slgnor{s) for customer furtill:rr wwr..n~s} ib> governtng bOOy MI1I tekun the rl~ slipS; indLJdIng 81ft legal bkl requli'(!rOOnlti, lJnder- appIJlAlble law It! arrange for ecquisilloll tlf the Equjpmonl; tI18: 8WfO\I8I 8(I:J ex.cullon has been !n accordance INIth atl applicable open meeting laws; and' II\a'l a ~on of thl governing Dady Df CUllamer authcrb:lng ex-IJlllltion Qf tIw AgreemertI hila been duty adapted and remains-in Cull fcree end effecl 1'1k:. NON APMOPRlATION: In tM event C'Jmmer br In datalll urder the .AqrHmlntbllCaU&8: 1. Fuf!ds ars not appro",t.elecl for 8 fbcal pet10d subMqullOllo #lellM in....nc:h tho AgItlal"'DBfIl was lIDterlld mto which 8fe sulficlerlt Ie saUsrV 81 or CustDmer's obl~1lS uoder 1M Agreemert ;turtng aaIcI fiscal pet1od, 2. StlCih~prtallo.ndfdnr:rtrnultfrom8llyadorfuiluraIo8cl:o(cllllcmer, 3. Customsr has _l1alJ91t'ld IU fOOd9 legally BII.si1Bble Io~ aI payrrwtnl due urdIIrl:f!e ~ n 4, T11_ i51111 aUtor jllQliIIlUUcedln b'JI which plymflrlt c:an be m.acle to Owner lllen, ~tdlld lhat (8) C~.r hBlB glvBl1 O~ 'MftIen nollce of thv OCCUflanr:e 0( pliIr8(Jl1lph 1 .sbO'lI Ihirty (30l dllYl Floor la such eccurrenee; (b) OWnor hafll'D!:fJf\red a wr111eri oplnlcn from CU5lome~ COlJr1981 oofying lhe Mme y.i1Mrr1 hln (10) dBY5 Ihllll"tlaftllr, and (e}lh& CUIlom..- dOlJS oot dlredly O'r fndncllV pl6c1iese, 1YII11 or In miY way acqtire any services ur BqlIjpm9lllllupplled Of pmvIaed for hlIrel.mder: upon rece/f1f of the eq~lnl delivered !l:I a location deagnaloo by Owner, at customBr's IIJCpenS9, OWl1IflS !'$medle. '/0, such dvfarJll tihall be 10 tenninalll tOil Agrslll'TlenI a1lhe end ollhe ~ecal pllIrlod dutlng whfdl na1.Ice Is given: retain Ihe ;;td1/;mclJ- P'lvmenl.$, If any, andfor sell, diapOlfll 0(, hold, UllII or nlnl tile equlpmerltu O\r<<)er fn It8 sole dl:8crdton fila)' dHlre, with:lul any dr..rly tel so::ounl to C:;ustomw DATED CUSTOMER SIGr-lATURE llnE 1 7238 - 03/1812004 43 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A TRANSFER OF $51,904.89 TO THE EMPLOYEE COMPENSATED ABSENCES FUND TO ACCUMULATE CASH TO PAY ACCRUED LIABILITIES WHEREAS, the 2003 implementation of the Governmental Accounting Standards Board Statement No. 34 ("GASB34") resulted in a number of changes in how governments report certain accounting transactions; and WHEREAS, one such change results in liabilities for employee compensated absences not appearing in the fund financial statements of the General Fund; and WHEREAS, the practical impact of these accounting rules is that the financial resources necessary to pay for employee compensated absences are not accumulated to pay liabilities as they are incurred, and when employees either terminate from employment or cash-out annual leave, there is an unanticipated increase in General Fund expenditures, which is difficult to anticipate when projecting budgeted expenditures; and WHEREAS, in 2006 the City Council created the Employee Compensated Absences Internal Service Fund to accumulate resources to pay accrued employee compensated absence liabilities, and an additional transfer in the amount of $51,904.89 is needed to fully fund the value of employee compensated absence liabilities at December 31, 2006. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The amount of $51,904.89 is hereby transferred from the General Fund fund balance account number 101-0000-3070-0104 to the Employee Compensated Absences account number 104-0000-3070-0101. Section 2. This resolution shall be retroactive to December 31, 2006. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1ih day of February, 2006. 44 COUNCIL AGENDA STATEMENT Meeting Date: February 12, 2007 Marvin Yoder, Interim City Manager '1 Kristin Erchinger, Finance Director ~~V<J Through: From: Agenda Item: Annual Transfer to Employee Compensated Absences Fund BACKGROUND & JUSTIFICATION: The manner in which government entities report and book financial accounting transactions is determined according to Generally Accepted Accounting Principles (GAAP). One primary source of GAAP for governmental entities is Governmental Accounting Standards Board (GASB) Statements. In 2003, the City of Seward implemented GASB Statement No. 34 which changed the manner in which certain accounting transactions were reported. One minor result of GASB34 is that the short-term portion of accrued annual leave -- which was previously reflected as a liability in the General Fund financial statements -- is no longer shown as a liability in the General Fund financial statements. Even prior to GASB34, the long-term portion of accrued annual leave was not reported in the General Fund financial statements. The reason for this is due to the unique focus of governmental funds --focusing on flows of current financial resources-- certain liabilities related to the General Fund are only reported when they are expected to be paid with resources already available in the General Fund at the end of the current fiscal year. Long-term or non-current liabilities are intended to be paid with resources not yet available in a governmental fund, and therefore, are not reflected on the financial statements. This method of accounting does not set aside cash necessary to pay for accrued leave time that is owed to employees. The result is that when an employee terminates employment, cashes in annual leave, or takes extended leave, there is generally a significant increase in a General Fund department's expenditures that was not anticipated, without appropriated funds to pay the liability. Failure to set aside resources to pay this liability also overstates the amount of spendable resources in the General Fund. In order to fully fund annual leave (sick and vacation leave) as it is earned, the City annually calculates the value of annual leave and transfers the cash necessary to pay this liability, to the Employee Compensated Absences Fund. In 2006, the additional amount needed to fund this liability is $51,904.89. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: 45 Resolution 2007- Employee Compensated Absences Internal Service Fund Page Two FISCAL NOTE: This resolution has the effect of transferring cash out of the General Fund in the amount of $51,904.89, to true-up the outstanding balance of accrued annual leave at December 31, 2006. It has no budgetary impact, since the expenditures have already been booked in the General Fund. Approved by Finance DepartmentJ(~vtuk~ RECOMMENDATION: Council approve Resolution 2007-JL, transferring $51,904.89 from the General Fund to the Employee Compensated Absences Fund to fully fund annual leave liabilities, retroactive to December 31, 2006. 46 Sponsored by: Yoder CITY OF SEWARD, ALASKA RESOLUTION 2007-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AMENDMENT WITH MEA IN THE CEA CAPITAL CREDITS COMPLAINT WHEREAS, the City entered into the lawsuit as a third party defendant to protect our allocations of Capital Credits, from Chugach Electric Association ("CEA"), for the years 1998-2004 and any future allocations; and WHEREAS, in December 2006 a judge granted the City's cross-motion for summary judgment and dismissed with prejudice Claims I, n, ill, IV and VII; and WHEREAS, Matanuska Electric Association ("MEA") has offered settlement terms to the City, waiving MEA's right to appeal the judge's decision to the Supreme Court in exchange for the City's agreement to waive its rights to seek reimbursement of eligible attorney's fees, estimated at $14,000.00; and WHEREAS, it is in the City's best interest to agree to settlement under these terms and not have to defend against the same claims in Supreme Court, at a cost estimated to exceed $30,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to enter into a settlement agreement with MEA in the CEA Capital Credits complaint, and to waive the City of Seward's rights to seek reimbursement of eligible attorney's fees. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of February, 2007. 47 COUNCIL AGENDA STATEMENT From: February 12, 2007 Marvin Yoder, Interim City Manager)h] Tim Barnum, Electric Utility Manager ~13 Meeting Date: Through: Agenda Item: Authorizing the City Manager to enter into a Settlement Agreement with MEA in the CEA Capital Credits Complaint BACKGROUND & JUSTIFICATION: In October, 2004, MEA filed a lawsuit against CEA with regards to how CEA was allocating capital credits to its wholesale customers from 1998-2004. In an effort to preserve our allocation of capital credits for the years 1998-2004 and in future years, the City filed as a third party defendant in the case. In December 2006, the judge hearing the case granted the City's cross-motion for summary judgment and dismissed with prejudice Claims I, II, III, IV and VII. MEA has the option to appeal the judge's decision in the case. The City has the option to seek reimbursement of eligible attorney's fees, since we won the case. MEA has offered to waive its rights to appeal if the City will waive its rights to seek attorney's fees. The amount that the City could be reimbursed for is approximately $14,000.00. If MEA appeals the decision to the Supreme Court, we anticipate we would spend in excess of$30,000.00. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable x FISCAL NOTE: There is no added cost to this settlement, other than continuation of attorneys fees necessary to finalize a settlement agreement. The City will forego potential 48 reimbursement of attorney's fees in the amount of approximately $14,000, in exchange for MEA's agreement not to appeal to the Supreme Court, which the City anticipates would potentially cost $30,000 to defend. No appropriation is necessary at this time. Approved by Finance Department: ~~ RECOMMENDATION: City Council approve Resolution 2007-/5 authorizing the City Manager to enter into a settlement agreement with MEA, whereby MEA waives its right to appeal in exchange for the City of Seward waiving its rights to recover eligible attorney's fees in the CEA Capital Credits complaint. 49 City of Seward, Alaska January 22. 2007 City Council Minutes Volume 37. Page CALL TO ORDER The January 22, 2007 regular meeting ofthe Seward City Council was called to order at 7 :30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the Mo ROLL CALL There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson comprising a quorum of the Council; and Marvin Yoder, Interim Cit Jean Lewis, City Clerk Johanna Dollerhide, Assistan ABSENT - None CEPT THOSE ITEMS SCHEDULED Approval of Agenda and Consent Agenda Unanimous pproved consent agenda items: gular city council meeting minutes were approved. The Port and Commerce Advisory Board was continued through January 31, 2008 by affirmative vote. Resolution 2007-008, amending the 2006 budget and appropriating $50,093 in sales tax revenues to the hospital debt service fund. SPECIAL ORDERS, PRESENTATIONS AND REPORTS J' 50 City of Seward, Alaska January 22, 2007 City Council Minutes Volume 37, Page Proclamations and Awards Caleb Adelmann received the Parks and Recreation Adelmann Award. A proclamation was given to Deputy Fire Chief Edward Athey and Police Dispatcher Tammy Athey for their heroic efforts in the January 1, 2007 rescue in Whittier. Borough Assembly Report. Borough Assembly Represe motion to reconsider the effective date for the per person, per day and would remain at April 1 , 2007. He encouraged anyone with borough sales tax department. The Assembly appropriated fund an education lawsuit and lobbying effort against the item already in the budget and would take the initial st 0 passed their federal capital projects priorities. The' ber t mitigation, which Long thought would tie in nice 'ty's p productive work session with school board to address tll the AML Conference in Juneau later this week. Ron Long stated the tional tax ordinance failed on this issue to contact the itial contract award to took care of a line rough Assembly for flood mblyhada d be attending Long responded to questions by t vin der noted a letter ofthanks by enter. Taunnie Boothby with the eeting to obtain information about expired this year and the city was planning t oposals were received from Shannon and Wilson, Inc. ee, a scoping meeting to review the available information ent for certification, and additional analysis/reports on the ues. The city had signed the purchase order to begin this process. Alaska Se the SeaLife Center to r - The tidelands lease with ASLC had been signed. This would allow d their programs. SAFETEA-LU - There were funding issues that the city was still working on for the new dock facilities. The number one priority was to design a multipurpose dock that would accommodate the proposed scientific research vessel. The new vessel was not built yet but the city intended to have the infrastructure to help insure Seward was in a position to have the vessel home ported here. So far the SAFETEA-LU funding, which was earmarked for design, had not been released. Yoder was working with the city's lobbyist to resolve these issues and begin the project. 51 City of Seward, Alaska January 22, 2007 City Council Minutes Volume 37, Page Exxon Valdez Oil Spill Funds - The city had received three proposals from Shannon and Wilson, Inc. to complete work on the harbor and SMIC totaling $5,276,079. The three projects were: water quality study and improvement plan, small boat harbor wash down pad, and SMIC wash down pad and maintenance building. These projects had to be submitted to EVOS for funding. A VTEC Lease -Yoder met with A VTEC administration and reviewed a draft ofthe lease for the fire training facility. The lease was taken to Anchorage to review with the city's attorney and he hoped to have a new draft lease in the near future. annual bo President, an Swiderski and meeting was held 0 78% of the members tourism and non-touri Ii on to the Planning and Zoning ved an award for $28,000 for the number d 6 had been repaired. Bids on the . A letter was sent to University of Alaska Lone Term Care Facilitv - The Kenai Borough Planning held a hearing on the reconsideration of the Planning and Conditional Preliminary approval for a tract in the LTCF su previous ruling was upheld. City of Seward Waees - Yoder directed co He reviewed and determined the City of Seward' similarly sized communities or private companies, b benefit ratio, which was largely due to the issues with increases in City of Seward wages were lower compare cost of living over the years. cil. Electric Utility Manager Tim Barnum . ng the recent power outages. e Rep Director Laura Cloward stated the chamber held their rs. on Hewitt was named President, Dan McDonald as Vice asurer. Deborah Altermatt, Dennie Hawks, Linda Rae Olsen, Susan rk were the other members of the board. The Chamber's annual 9,2007, and Cloward reported they gained 50 new members in 2006. as from small businesses. Membership was up, and equal between businesses. Seward Planning and Zoning Commission Report. Chair Marianna Keil stated the commission was having a Community Values meeting on February 7 and 8, 2007 at the Seward Middle School. Community Plans would be available for the public to review to let the commission know if the values in the comprehensive plan were the same of the community. The idea of the meetings was to see what the community really wanted. During the February 6, 2007 meeting, Louis Bencardino of the Alaska Railroad would present their request to expand the freight dock. 52 City of Seward. Alaska January 22. 2007 City Council Minutes Volume 37, Page Commissioner Tom Smith was the new Kenai Peninsula Borough Planning Commissioner for Seward. School Board Report. Lynn Hoh] stated the big issue with the school board this month was the budget. There was a public meeting at the Seward High School library on January 23,2007 at 7:00 p.m. and was Seward's only public meeting in town before budget approval. Numbers were projected to be down, and the school board was hoping to get a continuation ofthe ISER allocation, a cost differential study that showed the Kenai Peninsula was being tr ted unfairly with school funding projections. Hohl thought the budget looked bleak; Seward H' 01 had the potential of cutting back to 8 teachers next year. Other Reports, Announcements and Presentation due to weather conditions) PUBLIC HEARINGS Ordinances for Public Hearing and Enac Ordinance 2007-001. designations and au published as requir address the Council and Approve Ordinance 2007-001 the public to lower the speed limit on Third Avenue, also. d he could make recommendations when it came to State highways; n the past. Motion Passed Unanimous UNFINISHED BUSINESS - None NEW BUSINESS Resolutions 53 City of Seward, Alaska JanuQlY 22, 2007 City Council Minutes Volume 37, Page Resolution 2007-009, authorizing the city manager to enter into an agreement with Sterchi Construction Co. to construct the South Harbor Restroom Building for an amount not to exceed $208,513.00 Yoder explained this contract was a little over budget, as reality was setting in on cost estimates. Harbormaster Scott Ransom said the engineer's letter in the council's packet was a good summarization of this. The design was patterned after the design chosen for the pavilions during a work session last summer. They had received 5 competitive bid or the construction of the building, and Sterchi Construction was the lowest. Sterchi was a the project and were deemed responsible and responsive.' In response to Valdatta, Ransom stated the bid was 0 sewer were not included. Harris Sand and Gravel would . part of their contract with the city; and the city's Elec the facility; water and sewer, which was a II the electric. Motion (Schafer/Dunham) 'ng to submit a work plan, Ransom assured her it timated time of completion was about 110 ter and sewer would start in the spring. The er. Unanimous Update and di Lewis briefed cou She estimated the cit session for Wednesda candidates. iring process for open city manager position. City Clerk Jean iring process. The council had received 16 completed applications. pent approximately $3,500 on advertising. Council scheduled a work anuary 31, 2007 at 7 :00 p.m. to discuss the city manager applications and INFORMATIONAL ITEMS AND REPORTS (No action required) Informational report on emergency repair of City of Seward water wells. COUNCIL COMMENTS 54 City of Seward, Alaska January 22, 2007 City Council Minutes Volume 37, Page Bardarson thanked the Port and Commerce Advisory Board for their hard work. Amberg thanked the electrical and street crews for the many hours they had put in during the heavy snowfalls. Dunham thanked the Polar Bear Committee for a great festival. Dunham wanted council to do some kind of military appreciation during Armed Forces Day. He also wanted a letter of thanks sent to Suneel for their time in Seward and an invitation to Usibelli to me the council. Hit and runs and DUI's were a growing concern to Dunham. He wanted to have a n suspended/revoked licenses and drivers without insurance. Dunham wanted the town t en up on these regulations. Valdatta asked about the water wells and spoke 0 Avenue. Mayor Shafer reported on her recent trip to S meetings with TOTE, Princess, Holland America, thanked everyone for their time and effort durin break near Madison CITIZENS' COMMENTS - None COUNCIL AND ADMINISTRATION , COMMENTS - None ADJOURNMENT Vanta Shafer Mayor 55 AGENDA STATEMENT Meeting Date: January 22, 2007 ~ Johanna Dollerhide, Assistant City ClerkB Non-objection to the New Beverage Dispensary -Tourism Liquor License Application for The Hotel Edgewater, LLC dba The Yard Arm From: Agenda Item: BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the application for a new Beverage Dispensary - Tourism Liquor License for The Hotel Edgewater, LLC dba The Yard Arm. The City of Seward Police Department, City Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the new liquor license for the business listed above. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Council expresses no objection to the New Beverage Dispensary -Tourism Liquor License Application for The Hotel Edgewater, LLC dba The Yard Arm. 56 MEMORANDUM Subj: Kim Kowalski-Rogers, Finance - Leases Sue Magyar, Finance - Public Utilities Chief Tom Clemons - Police Department Chief David Squires - Fire Department Johanna Dollerhide, Assistant City Clerk V Verifying Compliance for the new apPli;ji~n for a Beverage Dispensary Tourism liquor license for the Hotel Edgewater, LLC dba The Yard Arm Date: January 5,2007 To: From: The following business has applied for a new Beverage Dispensary Tourism Liquor License. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Hotel Edgewater, LLC dba The Yard Arm Finance/Leases Finance/Utilities Police Chief Fire Chief ~ ~ O'~ oL 51 JAN-18-2007 THU 10:23 AM KENAI PENN BOROUGH CLERK FAX NO. 907 262 8615 P. 01/01 .... I'............._~~ . KENAI PENINSULA BOROUGH 144 N. BINKLEY . SOLDOTNA, AlASKA . 99669-7599 BUSINESS (907) 714.2160 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ali:tis \ t t January 18, 2007 SHERRY BIGGS, CMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcohol Beverage Control Board 5848 E. Tudor Rd. Anchorage, AI( 99507-1286 Re: Beverage Dispensary - Tourism Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the new license application for the following establishment, located in the City of ~f'ward, Alaska: ~,~ Beveraee Dispensarv - Tourism Hotel Edgewater, LLC dba YardArm, The (License #4689) The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no obj ection based on unpaid or delinquent taxes. Sincerely, Sherry Biggs, C Borough Clerk co: Applicant City of Seward KPB Finance Department File 'l"'-. S:IWPWINIIlATA,^llC 1laArd1A"C LoU'nINRWIN.... Wilhin Ci,y LimlII,\Vpd 58 State of Alaska Alcoholic Beverage Control Board Date of Notice: January 4, 2007 Application Type: NEW ---L _TRANSFER Ownership Location Name Change Governing Body: Community Councils: City of Seward & Kenai Peninsula Borough None License #: License Type: D.B.A.*: Licensee/Applicant: Physical Location: 4689 Beverage Dispensary - Tourism Yard Arm, The Hotel Edgewater, LLC 200 5th Avenue Mail Address: Telephone #: ElN: PO Box 1570 Seward AK 99664 907-224-2700 No Fax 907-224-2701 92-163569 Corp/LLC Agent: Address Phone Date and State of Good standing? Organized Entity Paul Carter PO Box 1750 907-224-2700 5119/98 - Alaska Yes Seward AK 99664 Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have f d II . . I b d h h h ld 1 100ft. h lste a! prmClpa mem ers an t ose w 0 0 at east () s ares. Member/Officer/Director: DOB Address Phone Title/Shares (%) Paul Carter 311111958 PO Box 1750 907-224-3574 Owner 100% If transfer application, current license information: License #: N/ A Current D.B.A.: N/A Current Licensee: N/ A Current Location: N/ A Additional comments: **Date of Birth * Doing Business As Cc: 59 I 0011 (;o\'em;o~ Ro<lv- New Formal Pagel A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.51O(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.01O(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/'lYH'Wi[ilams D.H. Williams Records & Licensing Supervisor 60 Alcoholic Beverage Control Board 5848 E. Tndor Rd Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 AGENDA STATEMENT Meeting Date: February 12, 2007 .s{ Johanna Dollerhide, Assistant City Cler~ Non-objection to the transfer of ownership and location of Liquor License for The Wheelhouse From: Agenda Item: BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a transfer of ownership and location of liquor license for The Wheelhouse. The City of Seward Police Department, City Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the new liquor license for the business listed above. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the transfer of ownership and location of Beverage Dispensary Liquor License for The Wheelhouse. 61 MEMORANDUM Date: February 12, 2007 To: Kim Kowalski-Rogers, Finance - Leases Sue Magyar, Finance - Public Utilities Chief Tom Clemons - Police Department Chief David Squires - Fire Department J Johanna Dollerhide, Assistant City Clerk 'N,O Verifying Compliance for the apPlicationYor a transfer of ownership and location of Beverage Dispensary liquor license for The Wheelhouse. From: Subj: The following business has applied for a transfer of ownership and location of Beverage Dispensary Liquor License. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials The Wheelhouse #324 Finance/Leases rM- iuJ Finance/Utilities fL ~~ Police Chief :/ fe.. Fire Chief Ok.. ~[J3 62 Johanna Dollerhide From: Sent: To: Subject: Reeda Jaramillo [reeda-.Jaramillo@dps.state.ak.us) Tuesday, January 30,20078:17 AM Johanna Dollerhide Re: Liquor License Transfer Notification - The Wheelhouse Thanks Johanna! Johanna Dollerhide wrote: > Hi Reeda, > > All of our information reads 215 4th Ave. I just checked with the > zoning department, and they confirmed it. 237 4th Ave. is a park here > in Seward (Kawabe Park). Let me know if you need anything else, thanks! > > Johanna > > -----Original Message----- > From: ReedaJaramillo [mailto:reedajaramillo@dps.state.ak.us] > Sent: Monday,JanualY 29,2007 3:42 PM > To:Johanna Dollerhide > Cc: Dinelle Penrod;Johni Blankenship; Dawn R. Holland-Williams > Subject: Liquor license Transfer Notification - The Wheelhouse > > Good AfternoonJohanna > > There is a little confusion regarding the premise location of this > establishment, our records show that the premise location is *237* > *4th > Ave* is this correct? > > Thanks for your help! >R~ o 63 1 FEB-02-2007 FRI 02:41 PM KENAI PENN BOROUGH CLERK FAX NO. 907 262 8615 P. 01101 ~ KENAI PENINSULA BOROUGH 144 N. BINKLEY . SOLDOTNA. ALASKA . 99669-7599 BUSINESS (907) 714-2160 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenal.ak.us , . fl....' SHERRY BIGGS, CMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 Re: Transfer of Ownership and Location Licenlle # 324 Dear Mil. Holland. Williams: Please be advised that the Kenai Peninsula Borough has no objection to the t-ransfer of ownership and location of the following liquor license, located within the City of Seward, Alaska: LocatioD FROM: 237 4d1 Avenue, Seward, AK 99664 ., TO: 215411> Avenue, Seward, AI<. 99664 OwnershiD FROM: Doris Jean Corcoran dba The Wheelhouse TO: Frank Dahl dba The Wheelhouse If you should have any questions, please feel free to contact me. cc: AppliclI11t Cily Se~rd KPB Fhiance Department File ~ ..,' S,IWl'WlN\PA TAlA'"' IIOM<IIAQC lalonlTrwIOl'\TI'DlUfer .1..._1Iip and IaoGlian wilhln cky,wpd 64 State of Alaska Alcoholic Beverage Control Board Date of Notice: January 30, 2007 Application Type: NEW_ X TRANSFER X Ownership X Location * Name Change Governing Body: Community Councils: City of Seward None License #: License Type: D.B.A. *: Licensee/Applicant: Physical Location: 324 Beverage Dispensary The Wheelhouse Seward Wheelhouse, Inc. 215 4th Ave Mail Address: Telephone #: EIN: 3437 Sagan Cir Anchorage AK 99517 907-243-8340 No Fax Pending Corp/LLC Agent: Address Phone Date and State of Good standing? Limited Partnership Frank Dahl 3437 Sagan Cir 907-243- January 8, 2007 Yes Anchorage AK 8340 99517 Alaska Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have r d II . I b d h h h ld 1 lOo/t ha lste a: ormClpa mem ers an t ose w 0 0 at east rlS res. Member/Officer/Director: DOB Address Phone Title/Shares (%) Frank Dahl 4/9/45 3437 Sagan Cir 907-529-4477 Vice President 50% Anchorage AK 99517 Elizabeth Dahl 4121 /79 825 W Northern Lights 907-240-7605 President 50% Anchorage AK 99503 If transfer application, current license information: License #: 324 Current D.B.A.: The Wheelhouse Current Licensee: Doris lean Corcoran Current Location: 237 4th Ave Additional comments: None. **Date of Birth * Doing Business As Cc: Kenai Peninsula Borough 65 l.oc:ll(''''''em;n~Roc1v_NewFOfTTlIIr Pa~e 2 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and umeasonable". Instead, in accordance with AS 04.11.51O(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.l1.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.1l.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420( a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.01O(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.l1.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/ j(eec[a Jaramir(o Reeda Jaramillo Business Registration Examiner 68 Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 Agenda Statement Through: Marvin Yoder, Interim City Manager Date: January 29,2007 From: Karin Sturdy, Parks & Recreation Director Agenda Item: Schedule a Boys & Girls Club Facility Tou You may recall Seward Boys & Girls Club Director Debbie Bond addressed the City Council last fall requesting City support. We had extended an idea to have the City Council tour the Boys and Girls Club program located in the Seward Elementary School facility. Shortly before Christmas the group accepted the offer. We are therefore requesting the City Council to select a time to tour their program and the facilities afforded them via the Kenai Peninsula School District. One could tour the actual facilities in less than 30 minutes, and perhaps some time could be reserved for Questions and Answers. The Boys & Girls Club meets Monday through Friday, from 3 pm to 6 pm. What is the pleasure of the Council? Mrs. Bond requested some advanced notice, but thought most days could be accommodated. The gathering of the Council will need to be publicly noticed, per City Code. 67 Great roreersfor Alaskdsjidure January 10, 2007 Mr. Marvin Yoder, Acting City Manager City of Seward P.O. Box 167 Seward, AK 99664-0167 RE: A VTEC Distance Training Center 57642/ EDA 07-01-05582 Dear Mr. Yoder: As you may be aware, over the past 30 years, the Alaska Vocational Technical Center (A VTEC) has expanded to encompass three separate campuses within the City of Seward, each with its own distinctive facilities, classes, training, and activities. Unfortunately, A VTEC's current facility is under capacity and simply has not kept pace with the growth of our training curriculum and our student body. We do not wish to risk or compromise the quality of our students' education, the safety of all who use A VTEC facilities, or A VTEC's compliance with all applicable codes, laws, and regulations. As a result in 2001, a comprehensive, multi-year Capital Improvement Plan (CIP) was prepared that included several life-safety and code improvements for A VTEC facilities. Some of the first improvements being contemplated by the plan include improvements to the First Lake Campus. These improvements consist of ADA upgrades, fire sprinkler systems, mechanical & electrical upgrades for administration and classroom buildings, landscaping and site enhancements, and handicap access. As we move forward with our plans, we recognize the importance of including the City in our discussions and understand the benefits of being able to address your comments and concerns early in the process. We hope to create a plan that the City will support. To that end, please review the attached drawings showing the First Lake Campus. We wish to move forward on a formal plat to officially vacate the portion of B Street that was contemplated and approved under City of Seward Resolution 54-49. Since the vacation of that portion of B Street was never completed with the required replat, our existing improvements extend across lot lines. In addition, future plans for the First Lake Campus include the integration and merger of the buildings on Blocks 6 and 15 of the Federal Addition to the Townsite of Seward. These plans would further exacerbate the situation created by the failure to formalize the vacation of B Street. 68 Alaska Vocational Technical Center. PO BOX 889. 2nd Avenue. Seward, Alaska 99664-0889 Admissions Office (907) 224-3322 . 1-(800) 478-5389 . FAX (907) 224-4143 . http://avtec.labor.state.ak.us Alaska Vocational Technical Center does not discriminate due to race, color, National origin, age, sex, political affiliation, religious beliefs, or disability. AVTEC is a division of the Alaska Department of Labor and Workforce In addition, we will request vacation of the west half of that portion of the First A venue right of way between B and C Streets. This vacation will allow us to control the circulation of vehicles and pedestrians within our facility and provide more open space. In order to facilitate both the existing and new improvements to the First Lake Campus, we also propose that the City of Seward quitclaim its interest in Block 6 of the Federal Addition to the Townsite of Seward to the Department of Transportation and Public Facilities who will hold title until such time as it is possible to transfer it to A VTEC. We envision the cumulative effect of our requests enabling us to consolidate the ownership of Blocks 6 and 15 of the Federal Addition to the Townsite of Seward and those portions of the vacated rights of way for B Street and First A venue, so that future improvements and existing operations can continue in compliance with all applicable codes, laws, and regulations. We thank you in advance for your time in considering our proposal and we look forward to continuing to work with you to match the strengths and distinctive characteristics of the school with the unique and emerging needs of its students and the City of Seward. Sincerely, fO!/~ Fred Esposito A VTEC Director cc: Kimberly Mahoney, P.E., Project Manager, DOT&PF, PO Box 196900, Anchorage AK, 99519 Al Burton, DOT&PF, PO Box 196900, Anchorage AK, 99519 69 Alaska Vocational Technical Center. PO BOX 889. 2nd Avenue. Seward, Alaska 99664-0889 Admissions Office (907) 224-3322 . 1-(800) 478-5389 . FAX (907) 224-4143 . http:/ /avtec.labor.state.ak.us Alaska Vocational Technical Center does not discriminate due to race, color, National origin, age, sex, political affiliation, religious beliefs, or disability. AVTEC is a division of the Alaska Department of Labor and Workforce -~~~~- c -~--\ \ -~,--~'-~~'- BLOCK 6 SECOND AVENUE \':;~K \5 \ \ , ppT %"yj DIST. 'm \ ; LEARNING CENTER FIRST LAKE FACILITY ~ ------------~~ L--- ------------------- CENTERLINE OF FIRST AVENUE RIGHT OF WAY ~- ------- \ \ c _PROPERTY _ LIi'lEJ . NsDs W SCALE 1/64" == 1'-0" A VTEC RE-PLA TT\NG REQUEST PREPARED BY 8EZEK DURST SEISER DEC 4. 2006 I I ! i i i I L, I I I 1/ /-f /' I //' I I i I ; I I , ." ;0 (f) -4 }> < m z c m .~ ~f!J ~~ ~ s I .9, b1 ~ ., --- . -I t: 'r 11 .- -*t \\! I ,/ / , i j ~ l " I / '" -~) -0 ~k: /'",,-- I ,---- 72 CI n OF SE\\ .\RD po 8()\ 167 SF\\-',i\L; ~l.\."'".\ ')W,fA.Ol61 e .r"\ -- : ''''; . ~artcr ~J- 22~.; '1~: . FIre, 90"'" 22..t~3~5 r: :~-r4 2 . c;-, :o/ii:-:- 22':~':'c...i~ . Engin~r;ng 9C~ 2.Z~'~:,~:, . Util.~res :',.:' 22.1.':~5C . Fax ;-:.. 24~-S::;~ .._._~. __~. ':UCl(, [(.- ~ ~=-~-~w AUG 2 ; 2D% ~~11c of :\]a3k~.i -\w:' f....im \b.hc'lh:Y. DO r ProJcCl \l;tr,a;.:~ P () Bt'\ 1"~69UCi . \ncborctgc .-\K 9')51 i)-()'>OO Fa:iiities Bf:::~ch RE :\ \TI C Dist;U1C": Learning Center a.'1J \ a~,,[ion 0113 StKet lkar \1, \lah,mc:. n-"~ Cil: ('1' Sc\',;anL Community lk\dopmenl Onice has rccei\ed. rc\ie\\ed an..1 ;lPl'f0\<:..i '.~..: f'<iTkll1g plan dated 8 15/2006 !llr the .\ \'T1...C DIstance Lc;uning Center Thank :OU for your .;.:."~s:...t..:.rli.,;;: lf1 thIS procl.:ss. 1:13 kner !Tom \like I lanman. DUT Right "f\\ay Chic!: dated July 21,2006 a request was made In \ :i..:a:e the U SUeet right o1''''<lY. It \\<lS slatcJ "The Dcp3.\1.mcnf' ",ould a.."5umc tb: r:;:sfX.".,;;b:E::. c':. the nec<:ssary planing rrocc~s We ha\ <: oUllin~d me proces,; for \ mOILs indi\ iduals in \ariOLL' 51;;t<: DepaJ'T.IT.ent;; and h;1\~ not received a submission of me preliminar: plat till' rn'iew. P1ea..-;c Jm..'\:t 1:10 inl(\fmatlOn behm to the correct party. Tn~ nccessar;. planing action requires a puhlic hea.'"ing before L~e Seward Plannmg an..! Lurir.,; Commission and the Seward City Council b,dor~ this action is moved forward to the K"..nai Per.insub B<lroUgh ior tinaJ approvaL. Enclosed pkasc find the Kenai Peninsula Borough vU;J.ci0r: pnxedun.:s and the Seward Planning and Zoning Cut-olT Dares ior preliminary plat subminal. Th\.Te i5 a S50.0il City 01 S~ward prdiminary platting revic'" fee due at the time of submittal. ~:':. ou na\.... any \.jue>tinns. or need additional information. please contact me at (9()7) 224-40..H< or . . .. ~~:,i:i ~,...;:2' b2J:.i s-~-\\aru,~~ s :1(-i'~,,-<:", r~;c lil' ,.'I.Seward. AI:i.~b .- . / / :' I !.t., " .'/:' ". f'--../ V-r ~ ,.~-~ -v..:.,...(..? '-/~ [.~ ::TIJ. Cl1:.:n7 i/ Planning .\SSLStant Er.~j(t;:..cd KPB. Chapter 2u.28. Vacation Re4.,j:err.~15 :;'CW3!J Planning and lOlling Public llearing Cut-Off Schedule J \. 73 UiAi' fL R 2d,:;"'. V:\CAOO)\ RH,Jl. flU: .\iF ~TS ::. :::,",,;1)11. Purpose ofprovisio:1s, -;-':,e i''':p.)S~ of thi, cbapt.:r IS tLl pr,), i.;J': a means of cvaluating the put-he fI.'C>>:::. .'., puhlic ri:;!ht'of~wa~ and other puNic ;;.re'-'" Uj',d to establish va<:ation pro.:eJures fur [.1C tr:l:';s!er 01 UPJleCessary rights-'Jf.v'a~ and other puhlic areas to adjoimng pr,'per:;c:> (Ore ......, R.J..(j, ~ llpart!, j()84, ::r~ :s 1-:1 S:.atJll)r:' aUlhorH;_ Thi" chapter is enacted under th.: au:ht::.ric:- d' .-\S 2q3~,20(l to 29.33240 and .-\S 4f),::' Or'; ,",U :O;.J..(j, ~ lipartl. l'i~4) :'-;":.1\ (1:;11, JUfJsdlction ofprO\isions. This Ch~1rtcr :-..h.all gL)\ l:rn all \ :l~atii l~ r..:~l;csts 3.DJ v3",'ation acUons \\.itrun lh.... f\.e71ai Peninsula Borough. No recordcd plat ma; be altered or replaned which atTe<:ts a planed ;!;".:~:' "~'1:-,,f'\\a; pr othcr dedicated p,-,blle ;;.r"a exccpt as herein provided, iOd, "0, ii4.'i, ~ Hpartl. 1984\ :::0,:::1\,040 \ ac,ltion..Delinition, A .. .:1C atl un shaH be delin.:..i for the purpose of this section as the prll;;~ss in v.. hlCh the righ: I):. fublk use or rig.ht of U5~ ..)f .i dcdic..:lcd stn..-eL right-of-way. e-ascml.;'nt cr \,)tccr ru(,!ic ar"a is temlinatcJ. I Ora. "0 84-'-1. ~ Hp;U1), 191\41 :',.,::S,i':'." .\pphcation--Pl:tiuon r~quiIcd, "0 planeJ rig.hh}f.way or puhlic an~a may (Ie \;.cateJ, "xcept upon petiti')ll by resolution ir'-'!11 a mUJ1icipality in whIch the prop,m;. is located or the owners of the majOTIly or' the frm:: ,'t:e: of land "hUlling the righh't~"'ay ('r publi\: area \0 be vacated. The petition ,ball be IiieJ with the planning commission. lOrd ~o 84-9. ~ J(pani, 1984, :::1) :S,II{}I" PC1,tipu--lnt,.>rmation required, Each p<:tition tikd by th~ adjoining pro,-..:rr:. o\\ners shaH he signo:d by a maj"rity ,)f th" legal ow;-,':::' of the abutting properties constitLIting the majority of the front footage. a" required under Se<:ti0n :0.:8,0:'0, Pcr"m, li,,~.:d on the borough a;;scssor's tax roll ,ha!: be deemed tho: legal ov..ners for purposes of th,;: vacation petition. lbe petition shan include a 'ta!ement containing the re'.iS()n5 in support oIthe vacation and he ac<:ompanieJ by 9 cople, of a sketch clear!;. indicating the proposed vacation 10 the planning dcpar'J11"Dt ",t Ie""", :;0 ..:alo:nJar days in advance of the meeting at ...hich it will be cunslJered In case, where en..:roachmenrs on public righrs-of.way are in qucstion. an as- hullt jUf', "y is requir.:d showing the improvements. cxisting tra\elways. amount 0;' encroachment ~"]d ;m:. othcr subminal a.'i reque,.rcd h; the planning commission, Thc hurden of prool shall lie with the petitioner to support the vacation. In the ca:,e of a reque< j,} ';1ca:e " utili!) casement uf'Jy. th" petitiuncr ha.:, the responsibility to obtair. 7 t\ ;,)t::":~)':5 !':-'.'m all appropriat~ udi::. ",cpan:e", :.mci submit thns\.' comments "ith the Fe:'::.lJi:. l()rJ ).('. \)~~:. ~ 1. 1QQ1. ()rJ. '-u S~~9. ~ t!ra..~l. 1~8-lf 20.2X,I)I,5. Fec rC4uired. Fce :c-': ~5:;.:cii5hr:j by th~ plannin!; ;0!':'unission b' rcsolutiuTI shall accompan: :]:~ :~::n:; of the ,acation petition, A fee of S5(),()(, is required in the case of 'a~ati.)n of a uti;:r:. ~~.~-i.;;':-""";:-:. lOrd '\.,,, \16-36, ~ 1. 1996: Ord, ~o 91.2,?::. :941. Ord. '-.0. S4.9. ~ Ilpa;", 1911.., 2CI.28,U-;'(>. PuHic hearing requircJ. C'T")[; :;..cir: ,'': the .;ompletc q,ca,ion appli.:atioTI incL.lding petition, skcl.;hes and fee. the pianning cnnlnussiL)n shall schedui<: a public hea,'lnl; on the petition to Ix: C01'.j~..;:.....:i wllpjn 60 ~akndar da;.s after tiling. .\ pub!ic hearing is not required in the .;a'ie of va..:a!lI.Jr. uf .i utlln~ C...lScmcnt onl:_ lOrd. ~" 91.2. ~ 3.1991; Ord, ~o. R4-9. ~ Ilpart1. 19X41 20 28,()80. ,,"olice required It!" p:a.:1ning Jin,..;tor shall publish a notice statmg when and b~ whom lhe pctiltOn W;:'o filed, II<; purpose and the time amI plac.: of the public hearing fhe notice shall deocnhe. :h:,).1';1: lx)th 1cgal and general Jes-:riplion. the lc'\.'ation. nature and extent of the vacation, ihe nOlle.: shall be published once a ,\eek for :: consecuti~e wccks m a newspaper or :,~nc7al cl:cu'alwr: in the area of the vacation. ~otice shall also be mailed 10 each pWPCrT: L'wner a.' shov.TI on borough tax rolls v.ithin a 3UO tool raditb ITom ,r.;; Nundaries ,~;' the ;rrea pmposcd to he vac.:lled and to ail public utili lies operating within :h, general ar~a of In", vacation and ILl the municipalit; in which the prorert: i, kx:ate.: [:1 :b" ':d.'C (l( V':I<:atlon of a utilily ....ascment only. the follo\\ing procedures shaH apply; :\. Pur,llc.:;tion 01' a notice in a n.:wspaper is not required, H. A noti;;e shall be mailed to each propeny lmner as shown on KPI3 lax rolls within a :'X' :-;:",t :ad.:JS frum the utility casement proposed to be vacated. (Ord. ~o. 91.2. ~ 4.1991; Ord. So, 84-9. ~ Ilpartl. 1984i ::0.2/;.U90 Heanng ooard.-i\uthority and detcmllnatiL)n -: ~~ plJ.r'__TIL::'; ..;,\mmlSSlOn shall conduct the publi.; hearing. consider the vacalion IXJtitiuD and make ib deCision on the merits ofthc prop()sa] !"he planning director shall fornard a c<);:,;. Df L"'~ minutes pI.'!1.'Uning to the action to the a"s-cmbly or appropriale ei~ councii wiL'Jin 5 calendar days following th.:ir deeisiun. In the case 01' a request to vacate a utiiit:. ;;:a.."-<:n1cnt. the cNnm..ission shall consider t.l-Je petitiiJn and make a decision on the merits ,):the pro!"IS-:.!; 1O a similar manner as gi\cn 10 cunsidemlion ofpIm. i Ord "\;() 9! .::. ~ 5. 1991: Ord.:-;o 84.9. ~ lipart I 1984 i ::O.::S.WO. \'a..;allOn consent--Cily council or asscmbl;.. '\.,0 ';J.Ca::.~n ,'1 a City street. right-of-way. puhlic area or easement locatcJ \\ithm ar: incorporaled cny may be approvt:d without the consent of the ci~' council. 1\0 vacation of " ",-,CCI cighI4c,1'\\li:. public area or easemenl within the borough outside of the limits of eHie, ma;. b<: made without the consent of the r.vrougb assembl;.. The ass-cmbly or 75 council shall ha\'c 30 cal~ndar da\'S t?Ur:1 Ih.;; J.a:e of appwval in whidl t" vct" the Flr~i:lf. cummi~sion dcc-iSlon. If no \ C1il is rc~eJ\ cd by the plaMing dirl..;'C!L~r \;.-:L~n the ,pcci':eJ ]"<:rio-d. the city ur boroLOgr, ,hall 1:", C,)n.,:.j~red to have given con~et1! to the . a.:a:~CTj. 'Ore. ,,, 8.,\.<1. ~ IIp.arti. !qg-l, 2,t"t.2S ] I (L .-\ctlon af:cr den];.l! of ... a~a:~0n pct~iH}n" ," Denial ,,! a \acati"n petition is a tinal act t~)r which n0 further con:iiCerat:0n ,hail '"e {\cr" .';pp<;aJs from denials of \ acations ::1LOst be taken within 30 days to the Sllpcrior C~,..1rt..;;t Kellal. Alaska pursuant to Pm \"1 nithe Alaska Rules of Appellate Prc...:c,;Lr-:, B I,.']'XT. denial hy the planning i:dmmlssit1n. no n:applkation or petition concerning the sar1k' \ aea:ion may b~ tiled \vithin one calendar year of the date ()f the l:nal deni.,; a~:i0r: 2,..;::.r;:pt ~n the ~a."-C' \vbcT'': TIt:'\\ e\ iCL'TICe or \:In.:umstances exisl L,at \\'ere n~)t a\aliar,k 0r pusc11l when the' original petition was tiled, '()r~, ':.- 9"-:3. ~ 1. Q-7.Q9: Od ~(\ 84--9.; l,pa,.."tl. 1984/ :::n.:::g,: :::',' \'ac;.:!lnll plat--Pr~paral1c>r:. 3."1',<,\ al and recQrding, \. ron prel:n1inaT) approval of th<: vacation request by the planning eomml,si0n and n(' nbjcc:!j,:on by t:J<: cnuncil or a5sembiy, :.h.: applicant shall have an Alaska Registered Land Sur-,eyc.r prepare an original plat in wnformanee with Chapter 20.04 of this code, rhe ~~'. ;.c;:;.; :,1.,: ,hall he pn:sented tn L....e planning commission for tinal appro\'aJ. If a tinal pIal is not prcsent<:d to th<: plunmng commission within one year of thc vacatlnn 3.r::' ".:1... the apprm al wi!! ~ deemed \" oid. '\0 time t"xtensions shall lx: grantee!.. .\r: ongmal n:produciblc mylar and :2 printS shall be required lilr recording purposcs. Rcc..,dlI:',,: 0:' the revised plat shaJ: conslinlle the !J.\\1ul plat. In cases where easerne:1ts arc b~ing \ acated [md do not atTect lot size c>r 10t dimensions. then the vacation m<.:y bc 2.':...c'~:;::<~s~.~~ t-:. amendin~ thc" original rIa! or h: planning c\Jmmissioll n:solutJI.)!;. lOrd, ~'" R4.9. ~ lfpartl. 1(84) 2028 130 lilk 10 ~acated area. ,-\. The :it;~ I,) the street or (lth~r public area \" acated on a plat attaches h) the kt ur lands bordering on the area in equal PTllportions. except that if the area was originalIy d~;c;:,.teJ b:: dine-rent persons, original bounJary line:> shall ~ adhered 10 so that th-:: ,treet area" hid1 lies on one side of the boun.:irr:- Ene shall attach to the abutting property ,,1': t;Ut ,ide. and the street area "hich lies on the other ~ide of the boundary line 5na.!: 3!lacb to the property on that side. The ]'Onion of a vacated street which lies "ithin the :..mltS 0: a .land addition allachcs to the lots oi the platted addition bordering 0r, lh~ area. If a public square is vacated. the title to it vests 10 the cily if it lies within the city and w the D,Jr<lugh lf it lies within the horough outSide a city, If the property vacated is a lot 0r tra':L title vests in the rightful o"ner B. if the D,)rough <lr city acquired the street or other public an:a vacated for legal consiJeration or by express dedication to and acceptance by the borough or dt) other than :cquird subdivision plauing. bclore the final act ofv<.:calion the fair markcl yuiue c,f the ..;tr\"et .J[ ;:,ubJic area shalllx: d~posited "i,h the pla:ring authority to be paid over :n the oor')l.;g11 or <:il) "n tlnal vacation. 'Ord:-O:.:: 8";-9, ~ !lra:1L 1984) 76 -_. -+-~ .<-~,._- 10.28.140. Partial vacaiion allowed. Where the planning commission tind~ that a right-of-waj must be pn:~ned tor ultimate ..l..~. 'bLl! determines there is ~xcessi\c \.\iJ:n r:",r an mtenct.:J accommo~at:t>r..5 vl,.nr:t:~, ~::;" -:zh>nf-,:.,,-a.\.. the commission m3\ appro\;; ~ rar1i:Ji \ 3l:atlCi!l of a :"ig.h.I-t.'~~~\\.3.: s~~:. :::.~: - - . i...';e wid,,'! is reduced to ihe maximum n~eSS;Lr: fcr :he i01enJed u,c. Such \ :lCal"):' sh",;: conform 10 this title tor the cJ;c,s of righH'i-wa:. in\ 01\ ed except when: the right-ot-\\a: is nN intende..! to be used for vehicular ptL'T"\scs, Od 't'_ R4-4. ~ IlpaTt), 19R-+1 :1:; .:8 151, \" ehi~ular al:l.:CSS pro\ ::-1l"r. \\r.er~ a rig.h:-,)f-waj IS required Il)r logical proyision of an existmg or future roa..:. ti:c pl::mning commission shall not apprO\e the \acation unless an equal or superior right-of- way ,,;11 be pf'J\ided in exchange. Where': (lr mon: access points are necessary t....>r larg<: .. ~C3...~:: L':- scrni-\ a~ant ar~a~ ('If l:md.~ tht.: cDmn:isS!on sh311l.:otlsidcr th~ ultim~tc J.~nsi::. .;::f "';..:lti~t:l:~: ..:'f ;..;....,c..mJ n1ainlali'l su:r:;~;C:l: ::;1::.....;.)f*\I....1: to scr\c such anti-clr~teci ~=-< Orj :-,,_,_ S...-,j. ~ 1 tparli. J '18-+ i :20.:'::8.1 (,U. Ot.her access provisions. Right",'r-"aj \\hi\:h provide or cuuld pro\-ide <i..:cess l"'n pedl.ostrialls_ off-ruaJ vehides. ...:::C::-"'l:: JJ:~ ..;: nular nlodes \)( transf"\r1 ~~~r b\:: (:(lHsiJt:reJ \\ hc-n c\ aluat;ng a ~.. ~1\"'..iL:;'~, ~=~l_~.::< \\'::,,:n such uses c~ist Clf c\..'ulJ e~ist \\ithin rig.hts-()f"v;a~ ".hich are no1. :,.~~::..~-': i,-)~ e:ener,l: rc>ad u:-.e. iht: eommi,sion shdl nl't appro\ e the \acation request, tlll/e,s it can b-c Jemo!1,t.ratcd that equal or superior ,H.:eess is or \vilJ be available. :Od \,,, 8.+-CJ. :) Ilpart), 19R-+1 :. I.:'S ; -;~ t ~.:~:r: prn\ lsion~ \'- e'::<1r.,; ,md future utilrlj rCl.juiremen::i shaL b\." considered \vhen c:\a1u.ltmg a ), ,h:alion req\le~t. Rights-of..\vay \"hicn are utilizcd ny a puhlic utility or whieh logically \\ auld tx: required by a public utilir~ snall not tx: \ac3tcd. unless it can he dcmonstr.lted :hat e'-lua] nr ~uperior access is e'f will r.e a\ aibble. Whcre an eascm.:nt \\oU:d .;..:.::~fJ..::(,ril: S~T\ e th~ utilit: lnterC'$ts~ and n0 o~~he; publii.: nc~d for th~ ri~~t-<)f..\..a:. c'\~S;>. !Il\: commission ma: Jpprc\ c ihe \ ;.!Cation and r~quiTe that a publi\: utility C.:L'Ci1K:11 tx: gLun.:d in place of ihe right-()f..\v '-1:_ I Ord_ :\0 84-9, ~ l(part). 19R4) :').'::8.1 ::I'.'. \1, alc:-frOnl access pro\-isi"ns. .; :i;:;j-.:~_tl~V..3:' \\ hich ~ryeS h) pru\ lde a~\..-CS5 hJ pubE..: \\.:itdS ...;hall n.l: ~ \ ~1':;.1l~": ,_nles; 'lleh a right-0f-way is \vhall: impra\:llcal tu all Illl)des of transport induJir:.g pcdeslnan or the use of such right-or-way causes severe haml and damage to adjacent !'Toper11eS which cannot othemise be corrected and where such continued damage or "..:..~ \\. 'uk ~ wnlrar: to the public interest. ,,-xd. ),.' :';..._4_ ~ II1'aTt), 198'+1 :'':.'::l\.l ',II). Other public areas. 77 D~J.;~atif>ns ()f {and f()r u.s~ oilier !}~..;:,": ~;.:.ts-(:~--~\..(~.. \vhich .a.n: c(~nsid\:7e~ ~\ ~ ",-..:.':~:.' ....., ~~,q ;"'-t: ~1prrL\.~ ed on]) \\nen rr :s ;;: t:-~-c ;;.:t-:i~ ~::.t~:;:51. Th\.' com:niss10r: ~h.;.2~ .:.:.::~:::.....~ ::~~, ':::..:;-..;~.i pL.;:r~~~ [\ftne a...~d.. 3::"':' .::::. f~:;....;-~ .......,c~ L.,~'~tc area \\h~n makin:; 2. ;iC'~i;.j\-::' -':'=-.e:-. .~ '.',,:U:11..ile pui:>li\: purpose j, or ,....ouId X :-en cC h;. use of the area proposed f"r \ ",e~:'.~,:., ,f:<: ,',)mmissinn shall ni..'t "1'1''';\ c: the \ ;lc,ltion. unless the ownership of the land ~\ :Lc lit: ,If borough in a [om1 other than dedicated would adequarc:l.\ serve; thc trllcr;dcd USe' dJd. \:u. R4-'I. ~ l(part). 1\)X41 ~ i :~_:(:(, ;o..,~'c:.l(ln liDe ~::t~cment5 ;:: ~:~':5 ~~\h~'~-: :Lc section hnJ.: ea.~~:-1,'I.::-:: :.5 ~i:i~ \3..:J.:ej duc to cxce5~:T~~ ~\"P-:'~.iF:-::\. :~';.:.:---..:-e~. ..i ..:,-~nh>...:r map ('f c;;....nt.:.; l:nt:' prl}f"Ue rnJ-:, rx- r~quin:d by the cnmn~!5sicT: t~- '..;-,:~.:::::ate !".: unu.sahlc section line c~'-Cmen: 2.;:J .,bu\; altcrnatc and dedicated rome; !" :r,-,1.;:-e i:1,;rc:-" and "pes" to adjac<."nt land:>. Thc plat shall cpmply with st,tndards fur s~;':-:;()r: i.1ne \':u:arlon pLats. (Ord );0, 84-'1. * lfpartl. 19l14 l 7e MEMORANDUM FROM: February 5, 2007 Marvin Yoder, Interim City Manager 111 Kristin Erchinger, Finance Director ~ ~ of' St;", !.-4~"1! 13 :'~~~'''o ':.\, ','","- ~~~~;~ "'1.A:s\4\'; DATE: TO: RE: Utility accounts receivable write-offs for 2006 Seward City Code Chapter 5.01.040 provides that "the finance director may, on approval of the city manager, cancel any account receivable except bills which may become a lien against property for taxes, but shall report such cancellations to the city council." Pursuant to SCC 5.01.040, I am requesting your approval to write-off the attached utility accounts receivable. The cancellation list includes customers whose mail is undeliverable, have no forwarding address, who we have been unable to serve through small claims court action, whose accounts have been inactive, or who have small account balances which do not justify the cost of further collection attempts. The cancellation process is an accounting procedure that reduces the accounts receivable to an amount that is likely to be collected, and results in discontinuing further accrual of interest and late fees on accounts that may never be collected. However, the finance departmentdoes not discontinue collection procedures. Collection efforts are continued, especially if a customer is eventually located. Some customers return to the community and seek to receive City services again. At that time, all past due balances are due prior to reinstating service. If a delinquent customer remains in Alaska, the finance department attempts to attach the customer's Alaska Permanent Fund Dividend. All accounts that we are not able to locate and serve with small claims action will then be pursued through collections procedures. If you approve the cancellation of the attached utilities accounts receivable, please sign where indicated and return to me for action and distribution to the Council for their information. If you have any questions, please contact me. Thank you. e~~ Kristin Erchinger, Finance Director 79 MEMORANDUM DATE: DECEMBER 26, 2006 TO: KRISTIN ERCHINGER, DIRECTOR OF FINANCE FROM: SUE MAGYAR, UTILITY BILLING cer RE: UTILITY ACCOUNTS TO WRITE OFF Attached is a report detailing the accounts I feel should be written off to bad debt for fiscal year 2006. The reason for each individual are outlined, and the guideline I followed this year is to choose customers to whom the mail is undeliverable, and customers who are out of town, not responding to mail, unable to serve with small claims, and accounts which have been inactive since four months prior to the end of this accounting period. The total amount is $23,744.96, which is % of the total Services Receivable at November 30, 2006, and .% of revenues at November 30, 2006. So far this year, we have collected $1,527.96 against written off accounts. Prior years are as follows: YEAR WRITTEN OFF 2006 $23,744.96 2005 $19,629.49 2004 $17,406.97 2003 $36,459.70 2002 $ 8,278.99 2001 $24,013.18 2000 $ 7,919.87 12/99 $38,087.50 1999 $27,515.85 1998 $14,524.87 1997 $40,737.71 1996 $49,634.50 1995 $13,241.87 1994 $25,284.66 1993 $41,447.20 1992 $21,182.73 % AIR 2.1032% 1.1446% 1. 95% 4.41% 1.13% 2.81% 1.01% 4.24% 2.88% 1.52% 4.9% 6.4% 1. 76% 3.2% 6.14% 2.78% % REVENUE 0.0215% 0.2457% 2.59% 0.62% 0.13% 3.24% 1.18% 1.28% 0.61% 0.33% 0.98% 1.83% 0.50% 0.63% COLLECTED $ 1,527.96 $ 1,722.85 $ 2,568.63 $ 2,158.03 $ 4,700.17 $ 4,682.13 $10,186.97 $ 3,770.78 $ 8,624.38 $ 9,047.91 $ 1,823.39 $ 1,382.16 $ 1,975.17 $ 3,716.74 $ 1,743.84 $ 2,756.93 I'm looking forward to your response at your earliest convenience. 80 MEMORANDUM DATE: DECEMBER 26, 2006 TO: FILE FROM: SUE MAGYAR, UTILITY BILLING ~ RE: CRITERIA FOR WRITING OFF UTILITY ACCOUNTS The guidelines used to write off accounts from services receivable are listed below: . Customers whose mail is undeliverable, . Customers who have no forwarding address, · Customers who we cannot serve through small claims court, and/or . Customers whose accounts have been inactive since four months before the beginning of the fiscal year. The total of these accounts is debited to the allowance account while being credited to services receivable, then an entry is made to set the allowance to four and a half percent of services receivable. 81 UTILITIES WRITTEN OFF FOR aAD DEaT FISCAL yEAR 2006 AMOUNT SERVICE SERVICE COMMENTS DUE aEGAN ENDED SERVICE ADDRESS ACCOUNT # NAME 821 SWETMANN B2 $ 222.67 2/5/2004 6/16/2004 1 16005822-11 JARNIG. RON 9/14/2004 1 821 S\Nf.TMANN AVE B3 $ 352.92 7/1/2003 16005825-17 WALKER. BRIAN T. 475.12 7/2/2004 9/15/2004 SBHC 7 HOLMAN. HAROLD $ STEWART SUBD. BU<.2 40000700-06 $ 663.45 10/15/2000 10/14/2004 18000800-05 SPIERS. DANIEL $ 41.88 9/16/1997 111212004 536 1ST AVE. 8002600-06 DE ROSIER. SUSAN $ 225.11 1/21/2004 11/15/2004 SALMON CREEK TRLR pK 18002600-11 KALLIO. RUSSELL $ 88.76 7121/2004 11/22/2004 106 CAINES ST. BLDG. 0 14007668-03 L\.lND. DENIS SALMON CREEK TRLR pK #17 HUMBLE. ROBERT(BOBB'0 $ 108.83 11/12/2004 11/29/2004 'T8001400-04 BARNES. STEVE 8. BARBARA $ 462.19 3/6/1998 12/3/2004 33775 TRESSLER AVE 20004910-03 $ 122.17 718/2004 12/6/2004 227 4TH AVE. '3004700-09 SEWARD MOUNl AIN SHOP 1/11/2005 1904 PHOENI)( RD 2 16001602-11 OOTOMAIN.1AMARA $ 146.79 912412004 1031 2ND AVE. $ 564.59 4/2412002 1/12/2005 '14005280-06 WILLIAMS. LARR'< 2/16/2005 SALMON CREEK TRLR pK HUMBLE. ROBERT(BOBB'0 $ 138.83 11/29/2004 18002000-07 714.38 5/16/1995 2/18/2005 309 3RD AVE 3 GUS1AFSON. GAR'< L $ 14699 WILLOW DR 2 2002000..08 SI0RLE. BILL'< 8. ANGEL $ 91.62 2/2/2004 3/1/2005 20006278-07 $ 269.95 912612003 312/2005 13881 BRUNO RD. 20003262-06 FERGUSON. USA 8. CHRIS $ 976.15 9/1712004 3/15/2005 304 6TH AVE. 7006000-17 SIGEL. KATHLEEN $ 206.12 11130/2004 3/25/2005 711 3ROAVE. 14001250-06 LEMLE'<. KIMBERL'< ANN $ 816.83 5114/1993 4/1/2005 1915 SEWARO HwY. 15005700-04 SEWARO BUS UNE $ 175.76 11/412002 4/8/2005 220 6TH AVE. A2 5000600-12 PAT1ERSON. JEFF 8. KAREN $ 151.05 10122/2004 4/14/2005 NASH RO. MILE 2 18012080-05 MEARS. EDWARD $ 39.26 6/28/2004 4/25/2005 412 21'10 AVE. 10003800-25 OAY.OIANA $ 194.20 9/13/1988 4/25/2005 528 1 SI AVE. 8002750-02 SHACKLETI. PAUL 8. PATRICIA $ 325.34 12/2812000 5/4/2005 SALMON CREEK TRLR pK 18002320-28 KUNNUK. STEVEN $ 56.49 10/512004 519/2005 509 JEFFERSON ST 3 7002750..08 MASSINGALE. MARGARET $ 417.37 211812005 5/9/2005 BEAR CREEK lRLR PK 2 20004513-07 WAS\-IBURN. JERR'/' 89.55 1/28/2004 5/11/2005 SALMON CREEK TRLR pK oE MOTl. ROBI $ 700 4T\-I AVE. 18000900-06 $ 31.93 81312004 5/19/2005 13005201-06 SINES, KAT\-IIE 8. B 5 33193 BEAR LAKE DR. SPACE OAVENPOR1, KAIL'/'N $ 144.29 211612005 5/261200 20004361-12 $ 81.83 4122/2005 5/271200 5 SBHB 31 40000400-04 WELC\-I, LAUREN $ 1,410.29 6122/2000 5/31/200 5 209 MARA T\-ION DR 15001300-04 SEARS, DALE 6/1/200 5 14000 S\-IAO'< LANE CABIN #2 $ 62.07 12123/2004 17002765-13 HURLBURT, VINIT\A 6/2/200 5 14000 S\-IAO'/' LANE CABIN #1 $ 79.88 9nt2004 17002760-16 SILVESTER. ART ICE 252.38 2/24/2005 6/14/200 5 33961 ROMACK cl. #2 JOrlt-lSON, SUMALEE 8. JOSEP\-I $ 5 QUESTA WOODS B4 L 12 20004845-04 222.38 3/1/2005 6/14/200 20003860-03 PET1'/'. LON $ 12/6/2004 6/14/200 51821 SWETMANN AVE A7 T\-IIELE, EMEUA ELAINE $ 236.06 5310 JEFFERSON S1. 1 16005830-01 $ 249.26 4111/2005 6/15/200 11000380-07 W\-II1E, KAT\-IINKA $ 31.67 712612004 6/20/200 5 209 BENSON DR 16006900-03 SOTO. JUAN ~ r-:> 00 w 40024330-10 ROWAN MARINE SERVICES INC. $ 87.20 4/28/2004 6/24/2005 SBH E 29 11 004480-04 DEMIENTIEFF, CORRIENE A. $ 193.64 5/1/2004 6/30/2005 502 4TH AVE. 14002701-02 MARTIN, KELLY $ 300.30 6/4/1990 7/6/2005 906X 2ND AVE. 14002700-02 MARTIN, REX $ 32.16 1/5/2004 7/6/2005 906 2ND AVE. 40025080-03 WEBLEY, GRANT $ 28.62 7/2/2005 7/8/2005 SBH F 17 13005801-08 ELDRIDGE, CARLA $ 868.40 2/12/2005 7/12/2005 607 5TH AVE. 18010400-04 HIGBEE, BRYAN $ 45.89 3/15/2004 7/18/2005 33833 JOHNSON AVE #09 5001900-04 MATTFELD,REBECCA $ 43.72 1/2/2001 7/18/2005 214 6TH AVE. D1 14007646-03 MATTFIELD, SARAH $ 107.65 2/1/2005 8/1/2005 106 CAINES ST. BLDG. A 5 18006710-05 SUDDATH, MICHAEL $ 489.02 4/1/2003 8/15/2005 NASH RD. MILE .6 20004325-09 ANKENY, JUANITA $ 86.91 8/8/2005 8/19/2005 33302 UNITY AVE 18002200-14 DAVENPORT, SHARI $ 68.44 11/14/2001 8/29/2005 SALMON CREEK TRLR PK #6 20004508-1 0 SCHAUGAARD,MEGAN $ 93.82 3/1/2005 8/31/2005 BEAR CREEK TRLR PARK #25 40001060-10 FORD, MICHAEL $ 36.17 5/23/2005 9/8/2005 SBHC 43 7003710-17 CHRISTENSEN, LARRY A. $ 56.01 8/30/2005 9/12/2005 414 5TH AVE. #4 16005550-04 RAGUSA, JUDITH $ 78.32 6/19/1998 9/14/2005 2105 OLYMPIA RD. 20005320-08 FROEHLICH, ROD $ 108.83 1/18/1999 9/19/2005 33278 BEAR LAKE RD. #B 16006470-03 DELA CRUZ, LEE $ 936.78 2/13/2004 9/22/2005 102 BENSON DR. 21012250-03 OVERSTREET, FRED $ 179.64 6/6/2005 9/23/2005 MILE 23 SEWARD HWY. 14007654-03 EATON, CLINT $ 37.90 9/17/2004 9/27/2005 106 CAINES ST. BLDG. C #6 12002500-16 BANGOS, STEVEN M. $ 77.82 6/21/2005 9/30/2005 605 6TH AVE. #4 18006198-03 EVANS, DARRELL & PAM $ 376.86 6/21/2004 10/3/2005 CAPE RESURRECTION CI 18012860-04 WONG, GAR $ 36.92 6/30/2004 10/3/2005 33616 WOLF TRAIL LN 14007643-03 SIMS, SALlNDA $ 217.21 4/4/2005 10/4/2005 106 CAINES ST. BLDG. A #2 18010950-15 PATTERSON, JEFF & KAREN $ 222.72 3/24/2005 10/5/2005 33833 JOHNSON AVE #17 18010100-19 ROSS, JIM $ 164.21 10/19/2004 10/7/2005 33833 JOHNSON AVE. #05 17000965-10 UNCLE BOB'S $ 1,384.93 4/6/2005 10/7/2005 4 TH & PORT AVES. RAIL #4 20002350-08 MC CARTY, ALLEN $ 174.75 12/5/2000 10/10/2005 13717 SEWARD HWY 16006470-04 JONSSON, SCOTT ALLEN $ 148.69 9/22/2005 10/11/2005 102 BENSON DR. 5003200-05 QUINT, PATTY $ 275.12 10/24/2003 10/12/2005 223 6TH AVE. 5003400-19 QUINT, PATTY $ 367.57 6/11/2004 10/12/2005 2235 6TH AVE. 18002330-24 MILHOUS, CHARLES $ 38.49 8/22/2005 10/21/2005 SALMON CREEK TRLR PK 24 18004525-02 RITTER, CONRAD A. $ 318.01 2/12/1991 10/27/2005 12101 EXCALlBUR WAY 20003830-03 BROOKS, JEANETTE & TIM $ 486.73 10/19/2001 10/31/2005 32950 VINEWOOD LN 20000903-04 AUTO TECH AUTOBODY $ 761.55 7/14/2004 11/2/2005 13509 SEWARD HWY. 12000300-23 WATSON, DONAVON $ 90.97 12/10/2004 11/2/2005 500 5TH AVE. DUPLEX #2 14007655-03 CARLSEN, JANELLE $ 109.31 10/20/2004 11/3/2005 106 CAINES ST. BLDG. C #5 40000710-09 BRANDT, PAUL $ 46.57 11/4/2005 11/5/2005 SBHC 6 18007050-10 GARDNER, GREG $ 115.25 9/20/2005 11/14/2005 32794 NASH RD. (MILE 1) 20004325-1 0 SHANK, JEFF $ 276.76 8/19/2005 11/16/2005 33302 UNITY AVE LOT8 40009800-18 BOYUM,GEORGE $ 26.03 5/16/2005 11/28/2005 SBH D 42 18003413-09 ERIE, SAM $ 951.27 6/16/2005 11/30/2005 12240 MERIDIAN AVE. 3001600-02 HITT, AMY $ 1,243.42 1/2/1991 12/5/2005 310 WASHINGTON ST. 16006130-06 OLlCK, ZACCARIAH $ 30.27 12/15/2004 12n12005 1802 PHOENIX 1 2002000-10 HUBBARD, SCOTT $ 109.68 10/6/2005 12/12/2005 309 3RD AVE #3 18010700-11 WilLIAMS, LASTON $ 376.49 4/1/2003 12/21/2005 33833 JOHNSON AVE #12 18008832-08 GARDINER, SHERI OR JERRY $ 498.52 10/19/2005 12/28/2005 SSV #A2 $ 23,744.96 APPROVED BY: FINANCE DIRECTOR: CITY MANAGER: 00 .;;. MEMORANDUM DATE: February 5, 2007 ~ o~ s"lsO ~ ~~~; 1(.I(s"-'" TO: Marvin Yoder, Interim City Manager Kristin Erchinger, Finance Director JinIu FROM: RE: Harbor accounts receivable write-offs for 2006 Seward City Code Chapter 5.01.040 provides that "the finance director may, on approval of the city manager, cancel any account receivable except bills which may become a lien against property for taxes, but shall report such cancellations to the city council." Pursuant to SCC 5.01.040, I am requesting your approval to write-off the attached harbor accounts receivable. The cancellation list includes customers whose mail is undeliverable, have no forwarding address, who we have been unable to serve through small claims court action, whose accounts have been inactive, who have abandoned vessels in the harbor, or who have small account balances which do not justify the cost of further collection attempts. The cancellation process is an accounting procedure that reduces the accounts receivable to an amount that is likely to be collected, and results in discontinuing further accrual of interest and late fees on accounts that may never be collected. However, the finance department does not discontinue collection procedures. Collection efforts are continued, especially if a customer is eventually located. Some customers return to the community and seek to receive City services again. At that time, all past due balances are due prior to reinstating service. If a delinquent customer remains in Alaska, the finance department will seek to attach the customer's Alaska Permanent Fund Dividend. All accounts that we are not able to locate and serve with small claims action will then be pursued through collections procedures. If you approve the cancellation of the attached harbor accounts receivable, please sign where indicated and return to me for action and distribution to the Council for their information. If you have any questions, please contact me. Thank you. .~JMdr~ Approved for write-off: Kristin Erchinger, Finance Director J 85 DATE: MEMORANDUM January 31, 2007 FROM: Melody Moline, Finance Supervisor Scott Ransom, Harbormast~~ Randy Gillen, OAIII TO: THRU: SUBJECT: 2006 Write Offs for Seward Harbor Attached is the Write Off list for 2006, Harbor Office personnel will attempt to contact Return Mail and No Response Accounts. If you have any questions contact Judi Sweeney or Michelle Endresen. 86 Seward Boat Harbor Write Ofts anurary - ecem er Acct No. Customer Boat Name Facility Used Com met BalDue 1450 Frary, Jim Sea Hunter Pd $1,122.69 LatePmtlwill not pay L1fees $17.56 1655 Tordenskjold, Inc. Tordenskjold Seo 1. 06, L1fee No late fee $24.42 1698 Suchy, Tammy Katherine II AK800J Oct 06, Mra Return Mail $40.00 2728 Cutting, Brian Kaisha Lenae 12/05 Write Off Boat Sold /New Owner $6.01 3373 Cousins, Robert Ranger Late Fee 1/05 Return Mail/Previousw/off $26.87 8481 Brown, William AK4049P Aua 05, Mrg No Response $105.70 9301 G & L Fisheries Pacific Packer Aoril 04, Mrg Sold Boat New Owner Not $8.20 9387 Hansen, Rod AK9595N 7/05 Mrg/fees Return Mail $55.66 9495 Ash, Chuck Coho II Aug 05, Mrg Return Mail $88.39 9817 Sprouse, Ronald Knot T Call late Fee L1Fee on previousw/off bal $7.31 11084 Martin, James Middle Pass Previous W/Off Late Fee on old Bal $7.55 11263 Pedersen, Darrell AK6685H Aua 06 1dayMra No Response to Statement $24.13 11510 Morgan, Darlene Bubble Dancer Feb 05, Boat Lift No Response/Out of State $196.33 11595 Patterson, Brad Sierra C 7/055 days Mrg Return Mail $141.91 11963 Totemof, David Rainbow May 05, Mrg Return Mail $56.18 12105 Sottosanti, AL Sea Note 7&82006 Bkrpt Notice Rec 1/06 $1,026.75 12794 Petrie, Philip R. AK2964F Aua 06 3dayMra Return Mail $37.01 12900 Gustafson, Robert Alpine Cove May 05, Mra Bkrot Case#05-0 1931 $569.40 Total Write Ofts 2006 $2,421.82 J o b 2006 Comment: 1) Late Fees - were generated after pervious write off of balance was approved. 2) Return Mail - Harbor Office will attempt to find new address of vessel owner. 3) Bankruptcy Cases - statements will not be mailed. 4) No Response Accoun~s)H~ Staff will continu: to attempt contact with the vessel owners. Approved By: ~ ~ Date: )-/S-/()r Finance Director Date: 87 15:25 SEWARD SMALL BOAT HARBOR 12-31-2006 AGED ACCOUNTS RECEIVABLES REPORT All/Omit $0 Accounts CURRENT PERIOD 12 2006 BALANCES INCLUDE CURRENT, UNBILLED CHARGES; AGING ADJUSTED OLDEST FIRST BY CURRENT RECEIPTS. THIS PERIOD CREDITS APPLIED. BAL. DUE TENANT RECENT >30 days >60 days >90 days LFE -------------------------------------------------------------------------------------------------------------------------- 339.18 1016 VANBUSKIRK, KAR 339.18 0.00 0.00 0.00 Y 177.55 1019 BENNER, RICHARD 177.55 0.00 0.00 0.00 Y 1,294.68 1071 WILSON, RICHARD K-016 1,294.68 0.00 0.00 0.00 Y 50.12 1081 ROBBINS, VERN ZZ-G 50.12 0.00 0.00 0.00 Y 139.44 1085 LILLIBRIDGE, CL 7.35 3.62 3.59 124.88 Y 252.39 1285 COLSON, FRED B-025 9.30 4.59 238.50 0.00 Y -2.35 1301 FLOOD, JOHN D-019 -2.35 0.00 0.00 0.00 Y 389.10 1371 EL SOUROUGY**, D-040 389.10 0.00 0.00 0.00 N 684.33 1398 CAMERON, RONALD ZZ-TW 16.75 667.58 0.00 0.00 Y 17.56 1450 FRARY, JIM ZZ-LS 5.24 12.32 0.00 0.00 Y 185.50 1515 DIETRICH, MANFR 185.50 0.00 0.00 0.00 Y 676.39 1535 BROWNING TIMBER ZZ-TE 676.39 0.00 0.00 0.00 N -53.86 1542 W.E. HANKINS IN ZZ-CDE -53.86 0.00 0.00 0.00 Y 137.28 1608 ORCUTT, JEFF D-030 7.31 3.61 3.57 122.79 Y 1,243.53 1645 WYNNS , TED A. 507.69 250.55 248.37 236.92 Y 24.42 1655 TORDENSKJOLD IN ZZ-TW 5.36 2.64 16.42 0.00 Y 25.00 1661 KITO, JOHN C-003 25.00 0.00 0.00 0.00 Y -0.51 1681 WOOD -0.51 0.00 0.00 0.00 Y 42.85 1698 SUCHY, TAMMY ZZ-CDE 2.85 40.00 0.00 0.00 Y 14.63 1798 WOOD, JOHN W. ZZ-TW 14 .63 0.00 0.00 0.00 Y 42.42 1812 REED*****, MIKE ZZ-XW 0.00 0.00 0.00 42.42 N 137.80 1915 HULIEN, DAVID 137.80 0.00 0.00 0.00 Y 283.05 2024 BENNER, RICHARD 283.05 0.00 0.00 0.00 Y 344.27 2063 U.S. COAST GUAR 0.00 0.00 0.00 344.27 N 218.95 2121 CHESAPEAKE, INC ZZ-RW 0.00 0.00 24.33 194.62 N 0.11 2205 SALLEE, MARY A. ZZ-F 0.00 0.00 0.00 0.11 Y 492.23 2297 AK STAR FLEET L 492.23 0.00 0.00 0.00 Y 496.90 2301 STORM CHASERS, 496.90 0.00 0.00 0.00 Y 832.04 2378 BAINBRIDGE MARl 607.84 224.20 0.00 0.00 Y 319.37 2627 ROBERT J. BARGE ZZ-XW 10.45 5.16 5.11 298.65 Y 6.01 2728 CUTTING, BRIAN ZZ-CDW 0.00 0.00 0.00 6.01 N 97.69 2837 BETHE, MICHAEL E-012 6.63 3.27 3.24 84.55 Y 11.64 2846 SCHONBERGSEN, I ZZ-RE 11.64 0.00 0.00 0.00 Y 233.20 2887 CHESAPEAKE INC. 233.20 0.00 0.00 0.00 Y 137.50 2920 SEWARD RESORT, 137.50 0.00 0.00 0.00 N 343.02 3012 NELSON, FOREST ZZ-TW 343.02 0.00 0.00 0.00 Y 166.95 3131 CURRIER, ROBERT 166.95 0.00 0.00 0.00 Y 112.20 3320 USCG FINANCE CE ZZ-F 112.20 0.00 0.00 0.00 Y 26.87 3373 COUSINS, ROBERT 0.00 0.00 0.00 26.87 N 1,222.13 3851 ROBERT J. BARGE ZZ-CDW 449.78 222.14 220.21 330.00 Y 172.57 3874 ELDE, KAARE P. 172.57 0.00 0.00 0.00 Y 975.99 3899 SEWARD FISHERIE 725.63 250.36 0.00 0.00 Y 591.90 3912 ALASKA HERITAGE E-013 591. 90 0.00 0.00 0.00 Y 1,904.44 4865 SWENSON, ERIC L ZZ-TW 1,904.44 0.00 0.00 0.00 Y 128.24 5287 MYHRE, ROLF ZZ-CDE 7.15 121.09 0.00 0.00 Y 1,890.00 5401 SEWARD SHIPS DR 1,890.00 0.00 0.00 0.00 Y 2,210.82 5476 ROBERT J BARGE 43.13 21. 28 21.10 2,125.31 Y 113.53 5619 COASTAL VILLAGE ZZ-F 113.53 0.00 0.00 0.00 N 5,660.21 5785 ROGERS, JOHN E-027 452.15 223.14 221. 20 4,763.72 Y 41.94 5945 AUSTIN, JACK ZZ-CDE 5.66 2.79 12.95 20.54 Y 296.80 6050 MOREHOUSE, RALP ZZ-TS 296.80 0.00 0.00 0.00 Y 148.40 6181 LANGLEY, EDWARD 148.40 0.00 0.00 0.00 N 1,582.05 6472 KENAI FJORDS TO E-003 1,582.05 0.00 0.00 0.00 Y 140.45 6526 DIETRICH, MANFR 140.45 0.00 0.00 0.00 Y 109.59 6778 ROOP** , JOHN ZZ-XW 6.83 3.37 3.34 96.05 Y 359.15 6872 HENSON, WILL T. 359.15 0.00 0.00 0.00 Y 737.51 6939 JOHNSON, MO 737.51 0.00 0.00 0.00 Y 246.45 7026 KENAI FJORDS TO ZZ-XE 246.45 0.00 0.00 0.00 Y 241.89 7039 QUALITY MARINE 241.89 0.00 0.00 0.00 Y 80.68 7080 HILL, DEBRA ZZ-F 55.68 25.00 0.00 0.00 Y - 64.71 7108 SLAUGHTER, CHRI ZZ-RE -64.71 0.00 0.00 0.00 Y -0.36 7124 GRIN FISHERIES, ZZ-CDE -0.36 0.00 0.00 0.00 Y 88 PERIOD 12 2006 Page 1 15:25 SEWARD SMALL BOAT HARBOR 12-31-2006 AGED ACCOUNTS RECEIVABLES REPORT All/Omit $0 Accounts CURRENT PERIOD 12 2006 BALANCES INCLUDE CURRENT, UNBILLED CHARGES; AGING ADJUSTED OLDEST FIRST BY CURRENT RECEIPTS. THIS PERIOD CREDITS APPLIED. BAL. DUE TENANT RECENT >30 days >60 days >90 days LFE -------------------------------------------------------------------------------------------------------------------------- 41.76 7612 LYTHGOE, LYNN H F-007 41.76 0.00 0.00 0.00 Y 906.20 7657 SLISZ, RICHARD A-001 906.20 0.00 0.00 0.00 Y -2.12 7890 PARDINI, GERALD ZZ-XW -2.12 0.00 0.00 0.00 Y 98.99 8032 VILLA, PHILIP ZZ-F 6.65 3.28 3.25 85.81 Y -118.20 8233 ST DEPT. PUBLIC C-016 -118.20 0.00 0.00 0.00 Y 83.88 8236 PICKERING** , HE ZZ-CDS 6.39 3.15 3.12 71.22 Y 134.13 8249 IVANOV, VASILIE ZZ-TE 7.25 3.58 3.55 119.75 Y 454.39 8256 ANDREE, LANNY 15.50 9.00 8.92 420.97 Y 630.64 8296 KENAI FJORDS TO ZZ-XE 630.64 0.00 0.00 0.00 Y 13,657.12 8410 ROBERT J BARGE 565.17 443.21 276.49 12,372.25 Y 105.70 8481 BROWN, WILLIAM S-026 3.40 3.37 0.00 98.93 N -50.00 8806 BROWN, MARTIN ZZ-XW -50.00 0.00 0.00 0.00 Y 10.70 8836 SANKEY, JOHN ZZ-S 0.00 0.00 0.00 10.70 N 51.23 9013 GILMORE, JAMES G-001 5.82 45.41 0.00 0.00 Y -59.74 9188 REIVER INC., ZZ-TE -59.74 0.00 0.00 0.00 Y 280.03 9255 TIPIKIN, GREG ZZ-TE 0.00 0.00 0.00 280.03 N 55.66 9268 ZOLINSKI, ROBER 5.90 2.91 2.88 43.97 Y 45.41 9279 SHORES IDE PETRO ZZ-RW 45.41 0.00 0.00 0.00 Y 8.20 9301 G & L FISHERIES ZZ-XW 0.00 0.00 0.00 8.20 N -5.54 9366 HOTS PUR INC., ZZ-TW -5.54 0.00 0.00 0.00 Y 55.62 9387 HANSEN, ROD ZZ-XW 5.90 2.91 2.88 43.93 Y 596.04 9495 ASH, CHUCK ZZ-XW 15.23 7.52 7.45 565.84 Y 59.21 9656 PLUSH, ROBERT G K-045 59.21 0.00 0.00 0.00 Y -59.63 9684 GEBHARD, MICHAE C- 025 -59.63 0.00 0.00 0.00 Y 7.31 9817 SPROUSE, RONALD 0.00 0.00 0.00 7.31 N 0.01 9844 DAVIS, ALAN R. C-060 0.00 0.00 0.00 0.01 Y 71.59 9931 STEGMAN, KENNET K-007 6.17 3.05 3.02 59.35 Y 1,465.84 9969 MOE, BEN A-016 848.72 7.83 7.76 601. 53 Y 362.80 10008 ULLRICH, PHIL J ZZ-RW 11.21 5.53 5.48 340.58 Y 8.06 10102 FASSLER * ZZ-G 0.00 0.00 0.00 8.06 N 30.20 10122 WALSH, TOM ZZ-G 5.46 2.69 12.32 9.73 Y -14.00 10155 ALASKA WILDLAND -14 . 00 0.00 0.00 0.00 Y 61. 80 10175 BUECHNER, DANIE 6.00 55.80 0.00 0.00 Y -0.49 10196 GRADY, TIMOTHY H-045 -0.49 0.00 0.00 0.00 Y 690.22 10319 SEWARD WILDLIFE 690.22 0.00 0.00 0.00 Y -0.06 10327 MEZIROW, ANDREW -0.06 0.00 0.00 0.00 Y 1,565.69 10352 WILLIAMS, ZACK ZZ-TW 450.48 222.31 892.90 0.00 Y -30.00 10375 VANDEUSEN, SHAW -30.00 0.00 0.00 0.00 Y -25.95 10389 LINDQUIST, EDWA -25.95 0.00 0.00 0.00 Y 1,622.82 10426 ALPINE COVE LLC ZZ-TS 1,622.82 0.00 0.00 0.00 Y -3.50 10451 HUGHES, CARL & U-A -3.50 0.00 0.00 0.00 Y 432.50 10460 FLORA, MATTHEW D-001 292.78 139.72 0.00 0.00 Y -115.82 10493 MOORE, ROBERT S-016 -115.82 0.00 0.00 0.00 Y 297.33 10560 GRUNERT, MICHAE ZZ-CDS 297.33 0.00 0.00 0.00 Y -30.00 10563 MADDOX, RON E. J-020 -30.00 0.00 0.00 0.00 Y 17.55 10604 CRACKERJACK EXP 17.55 0.00 0.00 0.00 Y -6.00 10605 ELBY CHARTERS, U-A -6.00 0.00 0.00 0.00 Y -0.56 10926 BEAUDOIN, MICHA B-051 -0.56 0.00 0.00 0.00 N 7.55 11084 MARTIN, JAMES ZZ-TE 0.00 0.00 0.00 7.55 N 192 . 92 11085 FELLOWS, ERIK ZZ-CDE 192.92 0.00 0.00 0.00 Y -60.54 11180 HILL, DEBRA ZZ-F -60.54 0.00 0.00 0.00 Y 27.41 11187 TEILBORG, CLAUD ZZ-XW 5.41 2.67 2.65 16.68 Y 24.13 11263 PEDERSEN, DARRE ZZ-LN 5.35 2.64 2.62 13 .52 Y 196.10 11268 NORTHERN WOLF, ZZ-TS 196 .10 0.00 0.00 0.00 Y -6.00 11284 AK WILDLAND ADV -6.00 0.00 0.00 0.00 Y 15.94 11293 WILLIAMS, ZACKA ZZ-RW 5.21 2.57 2.55 5.61 Y 8.07 11295 FEENSTRA, STEVE ZZ-CDW 8.07 0.00 0.00 0.00 Y 38.32 11315 ROBERT J. BARGE ZZ-CDE 38.32 0.00 0.00 0.00 Y -37.95 11317 MCCLELLAN, JUDY A-016 -37.95 0.00 0.00 0.00 Y -0.45 11414 TIPPIT, JON -0.45 0.00 0.00 0.00 Y 41.76 11416 HARR, DAVE A-006 41.76 0.00 0.00 0.00 Y 752.81 11508 APICDA, ZZ-TE 752.81 0.00 0.00 0.00 Y 89 PERIOD 12 2006 Page 2 15:25 SEWARD SMALL BOAT HARBOR 12-31-2006 AGED ACCOUNTS RECEIVABLES REPORT All/Omit $0 Accounts CURRENT PERIOD 12 2006 BALANCES INCLUDE CURRENT, UNBILLED CHARGES; AGING ADJUSTED OLDEST FIRST BY CURRENT RECEIPTS. THIS PERIOD CREDITS APPLIED. BAL. DUE TENANT RECENT >30 days >60 days >90 days LFE --------- ----------------------------------------------------------------------------------------------------------------- 200.55 11510 MORGAN, E. DARL 8.40 4.15 4.11 183.89 Y 1,529.25 11584 BRANDT, PAUL K-041 1,529.25 0.00 0.00 0.00 Y 141. 91 11595 PATTERSON, BRAD ZZ-TW 7.39 3.65 3.61 127.26 Y 196.10 11614 ROBERTS JR., FR 196 .10 0.00 0.00 0.00 Y 300.60 11626 S & T ENTERPRIS 300.60 0.00 0.00 0.00 Y -5.88 11664 MYERS, DAVID ZZ-S -5.88 0.00 0.00 0.00 Y 701. 88 11680 STEEL, JEFF 466.95 230.44 4.49 0.00 Y 3,195.35 11691 HUFFMAN, DALE R ZZ-TE 3,195.35 0.00 0.00 0.00 Y -6.00 11 711 NEW INS , THOMAS G-023 -6.00 0.00 0.00 0.00 Y 90.75 11 721 VAIL, DONALD ZZ-BA 6.51 3.21 3.18 77.85 Y 74.48 11 724 MANNHARDT, MATT C-018 74.48 0.00 0.00 0.00 Y 1.40 11782 BYRNE, JEFF A- 015 1.40 0.00 0.00 0.00 Y 65.83 11913 HOLLAND, CHARLE C-031 6.07 3.00 56.76 0.00 Y 31.40 11921 NOFFKE, MARVIN ZZ-F 5.48 2.70 2.68 20.54 Y -18.53 11954 KOON, ROBERT -18.53 0.00 0.00 0.00 Y 62.19 11963 TOTEMOFF, DAVID 6.01 2.97 2.94 50.27 Y 109.61 11968 MEZIROW, ANDREW E-018 8.10 4.63 4.59 92.29 Y 609.16 11969 FLORES, MICHAEL ZZ-F 15.45 534.08 59.63 0.00 Y 11.45 11979 ROTH, PAUL ZZ-RW 5.14 2.53 3.78 0.00 Y -0.27 12075 BRADFORD, RODNE G-009 -0.27 0.00 0.00 0.00 Y 47.57 12081 BRANSHAW, TOM ZZ-CDE 47.57 0.00 0.00 0.00 Y 51.71 12097 SHIRLEY, WILLIA G-015 5.83 2.88 2.85 40.15 Y 1,026.75 12105 SOTTOSANTI, AL ZZ-F 0.00 0.00 0.00 1,026.75 N -0.02 12116 GOGERT, DAVID B-021 -0.02 0.00 0.00 0.00 Y 14.28 12124 BULl, JOSEPH K-015 5.18 9.10 0.00 0.00 Y 49.74 12164 McCABE, TREVOR E-039 49.74 0.00 0.00 0.00 Y -10.81 12170 OUELLETTE, MARK S-040 -10.81 0.00 0.00 0.00 Y 403.24 12181 AVALON LEASING ZZ-TW 0.00 0.00 0.00 403.24 N 2,957.94 12192 JONES, JAMES ZZ-LS 1,421.94 712.90 706.72 116.38 Y 5,207.36 12198 ROBERT J. BARGE 211.76 45.81 45.41 4,904.38 Y 413.40 12200 GRAY, LARRY ZZ-TS 413.40 0.00 0.00 0.00 y -4.86 12210 TIBBETTS, ALLEN ZZ-XE -4.86 0.00 0.00 0.00 y 2,695.73 12300 SOZANSKI, TERRY ZZ-G 1,595.60 800.13 10.72 289.28 Y 127.03 12313 HARRIS, TODD 7.13 3.52 3.49 112.89 y 260.12 12316 TRIDENT SEAFOOD ZZ-RW 0.00 0.00 0.00 260.12 N 102.02 12388 ROBERT J. BARGE 6.69 3.31 3.28 88.74 Y 106.12 12411 MCFARLAND, RAND K-002 56.12 50.00 0.00 0.00 Y 30.46 12412 ALASKA NORTHERN 5.46 25.00 0.00 0.00 Y 243.25 12444 BUCHANAN, VICTO ZZ-TS 9.14 4.51 229.60 0.00 Y 137.80 12547 MCKENZIE, SCOTT 137.80 0.00 0.00 0.00 Y 1,246.06 12561 AK NORTHERN OUT E-023 26.46 13.06 12.94 1,193.60 Y -106.00 12576 LEWIS, LARRY D-014 -106.00 0.00 0.00 0.00 Y 611.43 12582 HINTON, JOE D-022 611.40 0.03 0.00 0.00 Y 190.80 12688 AMERICAN MARINE ZZ-TW 190.80 0.00 0.00 0.00 y 41.47 12694 ULLRICH, PHILLI ZZ-RE 5.65 2.79 2.76 30.27 Y 111. 57 12735 ALLEN, JOSEPH L ZZ-RE 111.57 0.00 0.00 0.00 Y -201. 23 12761 MAHAN , MARK ZZ-XW -201.23 0.00 0.00 0.00 Y 25.32 12788 UNKNOWN , ZZ-F 2.70 2.67 2.65 17.30 N 37.01 12794 PETRIE, PHILLIP ZZ-XW 5.58 2.75 2.73 25.95 Y -221.71 12795 HARVEY, PATRICK -221.71 0.00 0.00 0.00 Y 0.10 12829 BAILEY, ROBERT J-057 0.00 0.10 0.00 0.00 Y 512.16 12840 RICHIE, JERRY C-050 13.78 498.38 0.00 0.00 Y 418.70 12886 ALWERT, MARK ZZ-CDE 418.70 0.00 0.00 0.00 Y -93.97 12889 BARNEY, PAUL C-021 - 93.97 0.00 0.00 0.00 Y 351. 63 12897 CHANDLER FISHER ZZ-TW 351.63 0.00 0.00 0.00 Y 569.40 12900 GUSTAFSON, ROBE 0.00 569.40 0.00 0.00 N 23.76 12922 PHILLIPS, ARNOL ZZ-F 23.76 0.00 0.00 0.00 Y 97.31 12927 COASTAL VILLAGE ZZ-F 97.31 0.00 0.00 0.00 Y 1,458.00 12929 DELTA WESTERN, ZZ-RE 1,458.00 0.00 0.00 0.00 Y 31.35 12936 MUTCH, SAM P. 31.35 0.00 0.00 0.00 Y 79,569.43 _TOTALS_ 36,476.79 6,593.56 3,428.69 33,070.39 ) I no PERIOD 12 2006 Page 3 15:25 CC'Jnt: 184 SEWARD SMALL BOAT HARBOR TOTAL CREDITS: -1,417.62 TOTAL DEBITS: 80,987.05 PERIOD 12 2006 12-31-2006 st Page 4 Seward Small Boat Harbor Write Off To Collections January - December 2005 Acct Customer Boat Name Last Use of Comments Balance No. Name Facility Due 1469 Miller, Steve Endeavor 59' SMIC Yd Current Derelict! Abandon $516.49 1654 Bevmer Arnold Primus 75' SMIC Yd Current Derelict/Abandon 560.95 1989 Hamilton, James Gravlinll45' SMIC Yd CU1Tent Derelict/Abandon 508.92 2206 Cabana, Alfred Kamishak 71 ' SMIC Yd Current Derelict/Abandon 441.14 6664 Horton Tom Solution 80' SMIC Yd Current Derelict/Abandon 742.36 8948 Barber Jr.. Llovd Isle Roval72' SMIC Yd Current Derelict/Abandon 624.24 10877 Monk, Ed Heather Kav 24' 3/12/014 Mrg Hbr LateFeeIRetum Mail 7.71 10862 Earhart, David AK2873H 1013/03 Mr2 Hbr LateFeelRetum Mail 8.14 9176 Sagaka Big Valley 92' 8/04 Mrg Hbr Boat Sank Fishing,Inc. 82.23 Totals $3,492.18 The above accounts were written off to Collections in 2004. The approval to write off the account balances came in March of2005 during which time additional charges and late fees were made against the accounts. The Balances above reflect those charges. The Harbor Dept is requesting these balances be applied to the Collections accounts. Acct Customer Boat Name Last Use of Comments Amount No Name Facilities 1274 HaiL Eric Freak Babv 26' Current in Harbor Derelict/Abandon $5931.47 1383 Harris, Richard Espadon 76' SMIC Yd Current Derelict/Abandon 9,419.1-6-- . -'1 1535 Browning Timber Constructor 90' 5/04 ~ North Dk Last Pd 1/18/05 2,312.33 1568 Rambo. Bruce Maddock SO' 7/04 5dav Mrg Hbr . No Response 163.69 7421 No Known Owner AK7949N 7/05 Mr. Hbr No Known Owner 35.60 10289 Ceelen, Robert AK5745P 22' 7/05 Mrs: Hbr Return Mail 18.58 12221 No Known Owner AK3595AE 9/05 Mrg Hbr No Known Owner 192.57 11190 Jackson, Robin Soul Rebel 21 ' CurrentIv in Hbr Derelict/Abandon gJ996.81 . "5, 6587 Stone, Nicholas What a Deal Old Debt No Resnonse/RM 618.91 Totals 522,689.12 Table II reflects the current write off to collections list for 2005. ~~ '7gtl. 90 Total Write Offs for 2005 $26,181.30 :;'''.::J..8J,tff - ~ a."v,,~u&)(G'('V"m ""- Approved By: Date: Finance Director Date: City Manager 92 c /G j I LB~L vC:C: LOS: ~08~~H ~V08 a~VM3S!~d~9:Z~!90-~~-G~ 6B /,ot(.O\ (~ orz... .0'7 MEMORANDUM FROM: February 4,2007 Marvin Yoder, Interim City Manager k1 Kristin Erchinger, Finance Director -W .. o~Sl;1t;. ~..''l\ C ,,~,.c .~'....\O ~ <::;., '.'.'.:. ~~~~ :'I(AS\4P: DATE: TO: RE: Miscellaneous accounts receivable write-offs for 2006 Seward City Code Chapter 5.01.040 provides that "the finance director may, on approval of the city manager, cancel any account receivable except bills which may become a lien against property for taxes, but shall report such cancellations to the city council." Pursuant to SCC 5.01.040, I am requesting your approval to write-off the attached non-sufficient funds accounts receivable items, including DMV fees, camping, and recreation fees. The cancellation list includes customers whose mail is undeliverable, have no forwarding address, who we have been unable to serve through small claims court action, whose accounts have been inactive, who have abandoned vessels in the harbor, or who have small account balances which do not justify the cost of further collection attempts. The cancellation process is an accounting procedure that reduces the accounts receivable to an amount that is likely to be collected, and results in discontinuing further accrual of interest and late fees on accounts that may never be collected. However, the finance department does not discontinue collection procedures. Collection efforts are continued, especially if a customer is eventually located. Some customers return to the community and seek to receive City services again. At that time, all past due balances are due prior to reinstating service. If a delinquent customer remains in Alaska, the finance department will seek to attach the customer's Alaska Permanent Fund Dividend. All accounts that we are not able to locate and serve with small claims action will then be pursued through collections procedures. If you approve the cancellation of the attached harbor accounts receivable, please sign where indicated and return to me for action and distribution to the Council for their information. If you have any questions, please contact me. Thank you. ~~~~ Approved for write- : Kristin Erchinger, Finance Director 93 L__ NAME KORDA, DELORES M. KORDA, DELORES M. CARTER,ZACHARYJ. KOMPKOFF, MELISSA BROWN, GARY MILLER, LOUIS CHEN, KUANG CHAO MILLER, LOUIS JONES, BARBARA K. WILLIAMS, JANET DURAND, MICHAEL DURAND, MICHAEL KORDA, DELORES M TOTAL APPROVED BY: I $l,l17.0Q] FINANCE DIRECTOR: J.!!A<lt;;;,y~ J~ OTYMANAGER, Jr1~ ~__I-- CHECK DATE 01/20/2006 04/11/2006 05/30/2006 OS/25/2006 06/06/2006 06/06/2006 06/14/2006 06/12/2006 07/16/2006 07/28/2006 08/10/2006 08/12/2006 08/18/2006 CITY OF SEWARD OUTSTANDING NSF CHECKS AS OF DECEMBER 31. 2006 EXPLAINATION RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D "UNLOCATED" - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON ACCOUNT CLOSED - GAVE TO NR FOR COLLECTlON~ RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON RC'D 2ND TIME - GAVE TO NR FOR COLLECTlON 94 WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 W-toM~c.. AJt-~ ~ CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 ITEMS ENCLOSED: 1 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 DATE: 02-06-2006 YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEM(S) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE # AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS NSF 2nd Time 3580327900 260.00 260.00 TOTAL CHARGES FOR PAPER RETURNS DELORES M. KORDA 2421 E. 72ND AVE. ANCHORAGE, AK 99507 907-349-1067 89-7204/3252 45600623097 1/6{"DI!J~ I $: '. bC);OV, .,fl... .. 2216 DOLLARS t ~8a<l<. ~ I. ~. ~ .: .r~,;,n. 11.. '. FgC~lE~Wi7 l_.D9.t.. 1725Abbott__""j,..~!;r."n ''''Uj''''' >1.11'1'111 / ~. ",l~.....ld~ ,-: '~'.1 ': ll":,14'1 :t.'~ ~- f lti.!itrid"'tl i ..- ~~~"""'" Aochomge, AI< ""F',.; :\ ....:I:Q '/ " UWl\.J.:"1 ~~~~. (~~~,:~OO b 2 10~' ;~??ft(~o~ TOTAL CHARGES FOR PAPER RETURNS 260.00 SHOULD YOU HAVE ANY QUESTIDNS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PHONE NUMBER THAT IS LISTED ON YOUR BANK STATEMENT. 95 WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 flit 815)(P 2-00 tvrV - r -It ~ ~ MJJ>>k CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 ITEMS ENCLOSED: 1 PAGE 1 OF 1 AC~OUNT CHARGED 1100870474 DATE: 05-03-2006 ------------------------------------------------------------------------------------------- YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOllOWING ITEM(S) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE # AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS NSF 2nd Time 3580000366 271.00 271 .00 TOTAL CHARGES FOR PAPER RETURNS DELORES M. KORDA 2421 E. 72ND AVE. ANCHORAGE, AK 99507 907-349-1067 89-7204/3252 45600623097 2235 ~o ~Qi:~JL 1725 Abbon Ro" ~~asY"::i! 1 Aoch"'.g., AK 09507 t;t FEDE!RALCREIXfUNJON MEMO OM'J I: 32527201. 71:1. 5 bOOb230~ 711" TOTAL CHARGES FOR PAPER RETURNS 271. 00 SHOULD YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PHONE NUMBER THAT IS lISTED ON YOUR BANK STATEMENT. 96 WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 0~ <-/D 11AJM AIL trW t~ CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 ITEMS ENCLOSED: 1 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 DATE: 06-15-2006 ..............-.. --.. --.... --- .....--- --.. ..------ -- --.. ---.. ---............. -.....-.. ----........ -_...- -- --- ---..-.... -- --........-- YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEM(S) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE It AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS NSF 2nd Time 3580012453 8.00 8.00 TOTAL CHARGES FOR PAPER RETURNS d1{~S-~ ZACHARY J.CARTER 7809 WEDLOCK LN. LAS VEGAS, NV _89129 . '? f>A-. 7..QLLL ~r. /<,-../\1,(,. . . ~~ Q~-1::5i:r->-cJb 'fLog' ;:), ",J,l (jJ ~Hjti~I~Nf fYM~i 90-716213222 3114592252 6 $ 'S .00 .~ L~':YJ~'-+' CA/1__! 00 /jet)" DOLLARS {TI == . ~imRB~~:h--~ ~~ ~%b ,~ WaShj~ank r~Be~a'jg: NOTES~ ./ ._~f_ii1 c'&L~;.___--_._.... I: ~ 2 2 2 7 . b 2 7 I: ~.. ... 5 g 2 2 5 2 Ii" 000 b ", 0 0 0 0 0 0 0 8 0 0 ", " ! TOTAL CHARGES FOR PAPER RETURNS 8.00 SHOULD YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PHONE NUMBER THAT IS LISTED ON YOUR BANK STATEMENT. 97 WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 tJ~m CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 .......................... -- --..._---- --- -- ------......... ---- --- --...... --... -....... --....... -.. --............ ....- --- -----..... ---.... ---........ --... DATE: 06-16-2006 ITEMS ENCLOSED: 2 YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEMCS) RETURNED UNPAID. REASON FOR NON-PAYMENT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS NSF 2nd Time NSF 2nd Time TOTAL CHARGES FOR PAPER RETURNS ..~l~IiiJfM*j"i;'~ii;l;'{ . MELISSA KOMPKOj:lF LIe. 6510022 P.O. BOX 3304 907.22,4.258l' SEWARD,AI< 99664' . 1317 i" "::,;!;::~fF"'" n ......~_. w ~-. ...............,06;ivJlghl>......."""''''....p'opo'''..of....UM"St''.._s....;c.,_".~...~"..Do....~......,oIS.''"''..,''''' ~lThO~rd(8o<g...e_.~,A'-ogM,...~ 9356 $ t 47. '1~~ -tD ez~::.. ~t,,"~(.__L-~.j.H ,.- \ J \ t "'('" . . irst National' ank l'(.-'~'1?'.lt."( . :.::~,-". ~-- A LAS K A Mfl\9ERIoJ<,....... ,,- ~J///M 98.. ,~':.:',(. (f;i,~:': t:~:~ ,,~,',<>o, t)w= MEMO !5t~j1 1')....-LZ;::-;;"'" ( ," l;l c; mnng,ol: LO LO DB 7 j II" 9 j 5 b ,1'00000 b L, 7 7 5.1' SEQUENCE # AMOUNT 3580012817 3580012777 39.00 647.75 686.75 ~- J1w€-to A) l-- rr ~ 686.75 LEASE CALL THE 1/1H& 'fD --~~ /d.il O-MY. WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 ITEMS ENCLOSED: 3 YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEMCS) RETURNED UNPAID. DATE: 06-21-2006 REASON FOR NON-PAYMENT DEPOSITORY ACCOUNT NUMBER: 1100870474 SEQUENCE # AMOUNT /' 'Y-.JJ, ~ ;), t0D W.VLJ CHARGES FOR PAPER RETURNS NSF NSF NSF 1st Time " 2nd 2nd ,-j,,\:' Time ~n, , . .. . . Time ' .~ ~loLl -to TOTAL CHARGES FOR PAPER RETURNS j r:, TOTAL CHARGES FOR PAPER RETURNS 3580013986 3580013963 3580013857 A/I.-- r- ~ SHOULD YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PHONE NUMBER THAT IS LISTED ON YOUR BANK STATEMENT. 99 24.00 40.00 72.00 136.00 136.00 :r'"~" ~,,: ., (1111 }i ~ '(!'Ii P'YTOTHE'" 'Y\ I j ; '.~~ :~:~':'~~:~~~-:':'!~T ,~~~," $" 1)L1 ()tJj d!' ORDEROF wV v,:1. ;'1/'0' ::^"'=;; d ,n9riJ:l.',-IOO -, ,w, "-.1 r:;-.;; I' {01/ .."r.jij '9 t-" , .1. V20t. E"'E"\:llJSe ' .:~l:i --Y 4ld""~ tJ" /.~ Q, v~~, >; ,,:-/0' 0 i~i~ fOLLARS fr\ =~: 1]'" 00 B k "~ . i'I :11; t irst National an . .' _ .." _. r--, J II!! ~ LAS K A "M"ifDIC ..... ';~~---~;i\ '1 III MEMO~X.xf, UrA ~J.. M !ij~ I: j, 25 2000bOY: ~Ol, 7 700 l,1I" l.O ~O ,"0000002l,00.,' .iL. ~, 'C "'=co..-~~ ~~.- ~ , '._ _~Ji""~::m",,-, -:....--- ':~ -~~':;;""':--..:" - -~,~~.~~~-!!! ~~i'.o::-:...~-.:~&. LISA D. BABS P.O. BOX 166 MOOSE PASS, AK 99631 89-6/1252 30477004 1030 DATE 0 - 14 - o..!f!.. c , ~ Z , u ffi . o Jtf{1d-~ GA'R'v BROWN PH. 907-357-8695 ADL -0409184 PO BOX 874763 WASILLA, AK 99687 1509 rC){; $ 4d QQ 89-7206/3252 Dale . Dollars t?J giii;~':. For d- ,ql L()UIS & MONTANA R. MILLER ?009 W 46TH AVE 90N48'8953 ANCHORAGE, ALASKA 99517 1Z746 I I .... @HARLANO PETS 100 WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 m L~x.{ -it CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK Aft. . '/iJ....i \' f' Ail. "I;' .." ' J ',q I ( ,r"C " ~:" " ~J-. \.- _ .. 99664-0167 ITEMS ENCLOSED: 1 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 DATE: 06-22-2006 ................. -.............................. ---................................................................................................................................... YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEMCS) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE It AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS Unable to Locate 3580014808 50.00 50.00 TOTAL CHARGES FOR PAPER RETURNS 7;"~.J't'::1' ":. t ~'~Ej"~ ,,,,', , " -~. ' ~t' ,,;;;if;"~ ~ " ,~",.. , ":It "-' ,', "~:~~)j J,,", '~%., . ~jN^NCIAL G'ko-@'kn- MANAGEMENT ACCOUNT- ~Z:~ CIty .0 f,' S.e vv&tyd ~'~ ])oil4~ IJ^~ 8~O~ ITH" JH-~' -to International BllSinm- LJ L. I I PNCN;ilionalBaDk. WiltnlngiOQ,DIS . ;;.J~~:~;,' ,.:,;kL ~ ~~~ ftCfI ()-{; 'I ( 1$ so~ IiiiI s..;,~'ltJI..alurn .wr~w ~~j1;1;;'N~l< ~ 2 U; H b 77211" ~~r~ d~ ~rr2b IOOOOOOSOOO~ M> ~ ('o.(it.~. fe i2 '1:0:U O~5?1: TOTAL CHARGES FOR PAPER RETURNS 50.00 SHOULD YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PHONE NUMBER THAT IS LISTED ON YOUR BANK STATEMENT. 101 WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 ~ ,J;;kii)..( fa Alt... ~.6-r UJ..UJ(!Dl:'~~) CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 ITEMS ENCLOSED: 1 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 DATE: 06-27-2006 YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEMCS) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE # AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS NSF 2nd Time 3580015889 72.00 72.00 TOTAL CHARGES FOR PAPER RETURNS - T tlr C1""""-' ..:zrrip', A!>~;~.;#"'_ TOTAL CHARGES FOR PAPER RETURNS 72.00 SHOULD YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PHONE NUMBER THAT IS LISTED ON YOUR BANK STATEMENT. 102 WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 i)Nj1t.;( rj\;~i (t; i .;' .f. ! ;' t {I / ( (r lJ ! .,"'f CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 ~ ITEMS ENCLOSED: 1 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 DATE: 07-28-2006 YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEMCS) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE # AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS Account Closed 3580024672 12.00 12.00 TOTAL CHARGES FOR PAPER RETURNS WILLIAM A. JONES BARBARA K. JONES 14221 NIMBUS DAM RD. P. O. BOX 1032 530-265-5917 NEVADA CITY CA 95959 Pay to the (' tu t - -11)") JJ Order of --t, (f~ .f f.2.(.A 1Y'(j'O~ J _~~u ry; ~ ..fAMi /r.;ilIl' ...Ji!.' /"1 ~<<~~l~O~F~~~~K v(oc5~ 375 BRUNSWk;K ROAD <:() For GRASSVAllEY.CA95945 ~::tz:ft.~.4-.-:- 2 I. I. L,o 2 1.81: ~ 1.8 "''''0 I. 50 5... b b 2011" ,t' 0000 I. 200," 90-4021/121 , 0., y,. h.: / $ Id,.,&-D 3184 Dollars Premier Plus 6'i ,....,- I ....1n<Iudo4. DotaoI.""boeO. )('/"rk",qmerw,m TOTAL CHARGES FOR PAPER RETURNS 12.00 SHOULD YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PHONE NUMBER THAT IS LISTED ON YOUR BANK STATEMENT. 103 WEllS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 ITEMS ENCLOSED: 2 PAGE 1 OF 1 ACGOUNT CHARGED 1100870474 DATE: 08-14-2006 M__________________________________________________________________________________________ YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOllOWING ITEMCS) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE # AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS NSF 2nd Time Refer To Item 3580028196 3580028344 16.00 48.00 64.00 89-7206/3252 \ \ \ \ i I I \ [ I \ $ /&,OG \ _--...---------0., tmi,:y:. \ uOllars l.!J ll>.~. ! \ I CALL THE I [ I i i 64.00 WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 ITEMS ENCLOSED: 2 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 . DATE: 08-17-2006 -------.. ---.. ---- --- ------- --..... ----.. --.. -------- -- ------ --.... --- -----.. --- ......--.. ---..... ---....-.. --- YOUR ACCOUNT HAS BEE~ CHARGED FOR THE FOLLOWING ITEM{S) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE It AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS Account Closed';" ojD KI tV\. NSF 1st Time 3580029219 3580029317 16.00 48.00 64.00 TOTAL CHARGES F(JR Pl\PJ;p. ".rTIID.'<' ~ MATANUSKA VALLEY UPflAl CIEon UNIO... Palmer, AI< 99645 . WWN.mvfcu.coop 89-723313252 57 2 nOOOO089116 DATE dJ /fJI Zt."t0 fl .g) $. /t& f. .~. MAT SUE GLACIER ICE MICHAEL DURAND LIe. 6246711 9075 JOSH DRIVE PH 907-775-0916 PALMER, AK 99645 PAYTO THE ORDER OF =::~/"'""" t>etaboo-. MEMO ~ ,~ : \ /i;i./.(( II. -..-.. i/.L-.'-i-!4.;7'- 77 000008g~~~~0572 IOOOOOO~~OOI I: l 2527 2 B 51: 64.00 LEASE CALL THE WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK " 99664-0167 ,. ITEMS ENCLOSED: 2 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 DATE: 08-18-2006 ------------------------------------------------------------------------------------------- YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEMCS) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE # AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS Account Closed ''[.) I<'! iV\ NSF 1st Time 3580029511 3580029438 16.00 25.00 41.00 TOTAL CHARGES FOR PAPER RETURNS Bo....ie 'J. cf{u~hes ~;" 1I1<'l)j; 6839105 2,,,1' 04/ 29{9P 3501 II''''' II'" ' lI..cItot4?', Ill< 99517 " 907-562-3260 Ii PAY TO THE !. i ORDER OF , . ,,'i.~h>';~j-~;--5. ' , 'ijOiijn~paJj !~; .,;, ' , ' . ,}JJ l1J,~1 2589 89-720213252 DATE . ;j AlaskaUSA . QNn~ ~~~~L:. " ' Federal ~redit Union G~i.: ~~o ( ~...J., ./ FORKVS!1( ~~-"'I, '_~_~ I: l 2527 20 2 ~I: ~ 70000B 7 7B 7 b ~II' 2 5B 9 ,'000 00 2 SOD"' itii", ~~,,; r DOLLARS ~ ~::r:::r. p..lall.on ~" i:d_,m -:i' .~~'--". - l! -~'" ~ ~ ~~~ ~ MAT SUE GLACIER ICE MICHAEL DURAND LIe 6246711 , 9075 JOSH DRIVE PH. 907-775-0916 PALMER,AK 99645 89-7233/3252 5 7 3 770000089116 DATE{) R//;Z/ 7-/)~ to $/&- 41.00 ,EASE CALL THE MEMO n. S~F..,,,.. ARS- L!J :;;:~::~__ C'?f;#d . W 6 1Jl;:/111L;/ykk^IMJJ. WELLS FARGO BANK ALASKA N.A P.O. BOX 196127 ANCHORAGE, ALASKA 99519 r~~~ Hltu.-l -10 ktifY' ~ULLt:t{Q:;l CITY OF SEWARD GENERAL ACCOUNT PO BOX 167 SEWARD AK 99664-0167 ITEMS ENCLOSED: 1 PAGE 1 OF 1 ACCOUNT CHARGED 1100870474 DATE: 09-06-2006 ..................... -....- --.... ---........ ----...... --..--.......-....-.. ...--..---......-.... --........ ---............ ..--..-................ -- --.... YOUR ACCOUNT HAS BEEN CHARGED FOR THE FOLLOWING ITEMCS) RETURNED UNPAID. REASON FOR NON-PAYMENT SEQUENCE It AMOUNT DEPOSITORY ACCOUNT NUMBER: 1100870474 CHARGES FOR PAPER RETURNS NSF 2nd Time 3480002950 245.00 245.00 TOTAL CHARGES FOR PAPER RETURNS -j to ;?~ - 3S:;:;' DELORES M. KORDA 89-7204/3252 2421 E. 72ND AVE. 456011623097 ANCHORAGE. AK 99507 "" (O ! .' :' '-:0 907-349.1067 Do ~ DATE ]:5 - l> ~C;) , PAYJOTHE VI / Ot f1. : ORD~OF i \ l 19<119..00.,)1. $.2.L1S-' <eoG? . !/""" /;~..;/ MJ Q,Cy-(; V, ct/61Nf 1 DO'"'' ~ ""_::_ ,:_'~~ql!. j 1725 Abbott Ro,d 9NSUFt'."3C;IE}(FUUN UOFSF "e'EN'" ~o"J~~ --M'j:U~lCi' y~~,! _ ':32527201.7':1.5 !;OO!;2:l0Ll ~ -, 711" 2 ~ 8 Cj ", 0 0 0 0 0 2 I. 5 0 0 ",. 2189 ~ TOTAL CHARGES FOR PAPER RETURNS 245.00 SHOULD YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PHONE NUMBER THAT IS LISTED ON YOUR BANK STATEMENT. 107