Loading...
HomeMy WebLinkAboutResolution No. 2011-65 (ratified)Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ADEC) GRANT FUNDS FOR THE PROJECT ENTITLED "NEW WATER TRANSMISSION MAINS (PHASE IV) AND RELATED IMPROVEMENTS," AS THE CITY OF KENAI'S NUMBER ONE LOCAL STATE FUNDING PRIORITY FOR FISCAL YEAR 2013. WHEREAS, the City of Kenai through the State of Alaska, Department of' Environmental Conservation requests grant funding under the Municipal matching grant (MMG) program; and, WHEREAS, the State of Alaska, Department of Environmental Conservation has requested that the City of Kenai identify if this project is the community's number one local state funding priority for fiscal year 2013; and, WHEREAS, existing and planned subdivisions along Beaver Loop Road are served by on -site water wells, the majority of which produce water with arsenic levels above the EPA water quality standards of l.Oppb, some as high as 200 ppb; and, WHEREAS, the construction of, and connection to the City of Kenai's water utility will eliminate health hazards associated with consumption of water with arsenic levels exceeding the EPA water quality standards. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, designates the New Water Transmission Mains (Phase IV), and Related Improvements as the City of Kenai's number one local state funding priority for fiscal year 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventeenth day of August, 2011. ATTEST: A u cr-t t_v°1- L 1 - C k.a. Corene Hall, CMC, Deputy City Clerk PAT PORTER, MAYOR APPROVED BY COW j_aa 0AM It ICI ekec' of KENAI, ALASKA "Village with a Past, ( with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 u© Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tIII�.f 1992 MEMO ' . N DUVI TO: City Council THRU: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager f DATE: August 17, 2011 SUBJECT: Resolution 2011 -65 SFY 2013 ADEC Municipal Matching Grant Program The Administration recommends that the City Council approve the above- referenced resolution. The resolution designates the "Water Transmission Mains (Phase IV) and Related Improvements" as the City's number one local state - funded capital improvement project for FY 2013. This designation is significant because a project's designation as the number one project will assure that the project receives the maximum number of points in the ADEC's competitive grading system for the State's Municipal Matching Grant (MMG) program. A resolution is the required method for the City to make this designation. Time is of the essence due to the State's deadlines for its project evaluations under the MMG program. Thus, this resolution is presented as a lay down so that the City can meet the State's time requirements. If the resolution is not considered until the next City Council meeting on September 7, the designation will have no impact on the MMG project ratings by State officials. The project identified is: Water Transmission Mains Phase IV - Construct an additional municipal production well in the Beaver Creek well field and approximately 6,000 lineal feet of water transmission main along Beaver Loop Road beginning at Togiak Street and ending at a point between Ames Road and Angler Drive. This is phase one of the three phase project to construct a water main along Beaver Loop Road. This phase has a total project cost of $2,684,000 with a 70% ADEC matching grant fund request of $1,878,800. ENAIV ALASKA Village with a Past, Gi with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 101 MEMO: TO: CC: FROM: DATE: SUBJECT: Mayor Porter and City Councilors Rick Koch, City Manager Krista S. Stearns, City Attorne" August 30, 2011 Ratification of Resolution No. 2011 -65 1992 On August 17, 2011, the Council considered and passed Resolution No. 2011 -65 establishing the project entitled "New Water Transmission Mains (Phase IV) and Related Improvements," as the City's number one local state funding priority for Fiscal Year 2013. No notice was provided to the public of the consideration of this ordinance in the agenda or other meeting notice prior to the start of the August 17 meeting. Instead, the resolution was presented as a lay -down in order to meet the timeline for making an application for grant funds for the project. The City's procedure for passage of a resolution requires that all persons interested who appear shall be given an opportunity to be heard.' When resolutions are presented as a lay down, no advance notice of the resolution is provided to the public, thus impinging on the public's ability to participate and exercise their right to be heard. The lack of notice could be considered as a violation the Open Meetings Act (OMA) requiring that reasonable public notice must be given for all meetings.2 Because actions taken contrary to the OMA are potentially void, it behooves the City to provide a second public hearing on Resolution No. 2011 -65 and for the Council to ratify its decision to adopt the resolution. After the public hearing is closed, a motion to ratify would be appropriate: 1 move to ratify the decision to adopt Resolution No. 2011 -65 and further express that it is the intent of the Council that said resolution is effective as of the date originally adopted, August 17, 2011. 2 KMC 1.15.080. AS 44.62.310(e). L: \CM\2011\RatifyResolution08291 1