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Home My WebLink About01272011 City Council Minutes City of Seward, Alaska City Council Minutes January 27, 2011 — Special Meeting Volume 38, Page 525 CALL TO ORDER The January 27, 2011 special meeting of the Special Seward City Council was called to order at 6:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY City Manager Phillip Oates led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Marianna Keil Vanta Shafer Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Phillip Oates, City Manager Cheryl Brooking, City Attorney Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk ABSENT — Tom Smith CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA Motion (Bardarson /Shafer) Approve the Agenda Motion Passed Unanimous EXECUTIVE SESSION Motion (Bardarson /Shafer) Go Into Executive Session to discuss with the City Attorney potential litigation regarding the maintenance and operation of the City's shiplift facility and factors relating to agreements between the City and Seward Ship's Drydock, Inc. Motion Passed Unanimous City of Seward, Alaska City Council Minutes January 27, 2011 — Special Meeting Volume 38, Page 526 Council went into executive session at 6:05 p.m. Council came out of executive session at 7:55 p.m. Motion (Shafer /Bardarson) Discuss possible changes to the 8"' amendment of the Seward Ship's Drydock Maintenance and Operating Agreement Motion Passed By Unanimous Consent City Attorney Cheryl Brooking noted for record that these were discussions before the council and not decisions made in executive session by the council. Keil listed two possible amendments to the 8 amendment. By unanimous consent, council suspended rules to allow Seward Ship's Drydock owner James Pruitt to speak. Pruitt wanted to know what the trouble was and explained they have had inspections already. He explained the facility's work to come into compliance. They were prepared to do more work when the weather complied. He noted most docks were non - coated and they had finished the cathotic replacement system, was inspected by Norton. Pruitt stated there was a gray area with the coatings. Dunham wanted mutual agreement. He understood past disagreements and acknowledged • g p g g that Pruitt took over a messy facility. Now they needed an agreement that was satisfactory to his business and to the City of Seward. To allow time for the City Manager and the City Attorney to make the suggested changes discussed, Council recessed the meeting until 12:00 p.m. on January 28, 2011. The January 27, 2011 special meeting resumed at 12:05 p.m. in the council chambers on January 28, 2011. There were present: Willard E. Dunham presiding and Marianna Keil Jean Bardarson Vanta Shafer Tom Smith Ristine Casagranda comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy Clerk Cheryl Brooking, City Attorney ABSENT — Bob Valdatta City of Seward, Alaska City Council Minutes ,; January 27, 2011 — Special Meeting Volume 38, Page 527 UNFINISHED BUSINESS Resolution 2011 -005, Authorizing The City Manager To Extend The Maintenance And Operating Agreement With Seward Ship's Drydock, Inc. Through August 31, 2011. Motion (Keil /Shafer) Approve Resolution 2011 -005 (Made al the January 24 -25, 2011 Council Meeting) Dunham noted the laydown version of the amendment before the council. This was modified from the original packet due to the discussion held the day before. Oates stated the changes before the council on the revised agreement. There were changes to the third whereas, the first section and the fourth section of the agreement. He noted both parties did not want to go into litigation. He spoke with Pruitt about how they could change the maintenance and operating agreement, discussing about inspecting agencies, ongoing maintenance, and having a quantifiable measure of standards to be met. They both agreed they want to have the lowest level possible for the coating, but it was debatable between the two parties what that level was. By unanimous consent, council allowed Pruitt to speak. Pruitt said the mean -low water levels were not always seen. The two foot tide would be almost impossible to do. He couldn't agree to something that was too difficult to accomplish. Pruitt noted the opportunities of mean tides in the coining months from this year's tide book. He described some of the work they had already done to put the coatings on. Shafer stated she didn't feel qualified to make that decision; and she didn't want to demand something Pruitt couldn't do. Casagranda wanted to know how much time they would have when the tide went down, Dunham and others approximated probably twenty minutes at the most. Pruitt said they need something practical to work with. If they can get lower, they would. Smith he thought two feet was a reasonable way to go. Shafer and Keil agreed to revise their motion to approve Resolution 2011 -005 to include adoption of the laydown version of the maintenance and operating agreement before the council. Casagranda wanted to know why a professional was not in attendance to verify this information. Smith said basically if the metal wasn't protected, it deteriorated. Shafer said but the cathotic protection system should protect when it's under water. Casagranda thought it would be worth having additional staff to avoid these potentially large costs in damages. In her opinion, she didn't know why they didn't spend more money and time to do it right. Oates said it was partly a function of cost and realism. His question was what can they do as a city to provide the best protection that was cost effective? City of Seward, Alaska City Council Minutes January 27, 2011— Special Meeting Volume 38, Page 528 Dunham said their charge was to make the best decision they could for the city. Bardarson said it was to each side's benefit to get this taken care of. Dunham was in agreement with Pruitt about the mean low water levels. Pruitt said this had been a two year project already. Motion to Amend (Keil /Shafer) Amend the laydown maintenance and operating agreement, section one to read as follows: "...of this Amendment to no less than two feet above mean low tide—level water, and to a lower level when tides and weather permit, to the manufacturer's recommendations, as set forth...." Casagranda said this was basically saying he didn't have to go any lower than two feet above mean low water. Bardarson said they would be doing it likely in the summer, Pruitt said when the time permitted — it could be in any point. Smith said there were some low tides in April, Pruitt said also in June. He said it would have to occur during more than one, and probably several, low tides. Bardarson wondered how other entities handled this. Pruitt said this stipulation was not required. Motion to Amend Passed Yes: Keil, Shafer, Smith, Bardarson, Dunham No: Casagranda Motion to Amend (Shafer /Keil) Amend the maintenance and operating agreement extension to Sept. 30, 2011 Motion to Amend Passed Unanimous Main Motion Passed Unanimous COUNCILS' COMMENTS - None CITIZENS' COMMENTS — None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None j C'ity of Seward, Alaska City Council Minutes January 27, 2011 — Special Meeting Volume 38, Page 529 ADJOURNMENT his The meeting was adjourned at 12:56 p.m. -1.4) ,.. /. --- ..,' 1... ohanna Kinney, CMC Willard E. Dunham City Clerk Mayor ♦♦ F SEA 4, w. • $ "4`r a • + • • A e _q i 14 • L is liar