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HomeMy WebLinkAboutOrdinance No. 3364-2023KENAI CITY OF KENAI ORDINANCE NO. 3364-2023 Sponsored by: Administration AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECT FUND FOR REPLACEMENT OF AN EXISTING CEMETERY CREEK CULVERT WITH A FISH PASSAGE CULVERT. WHEREAS, the U.S. Fish and Wildlife Service has identified Cemetery Creek, a creek from the outflow of the Kenai Airport Float Plane Basin to Cook Inlet, as having one of the highest populations of Coho and Chinook salmon smolt on the lower Kenai River; and, WHEREAS, a culvert in the creek has been identified as posing an obstacle to these smolts during certain water flow conditions; and, WHEREAS, replacement of the existing culvert with a fish passage culvert will remove this obstacle and improve fish habitat; and, WHEREAS, the improvement of fish rearing habitat is important to future salmon returns to the Kenai River; and, WHEREAS, design and construction of the project will be accomplished through a partnership between the U.S. Fish and Wildlife Service, the City of Kenai, and the Kenaitze Indian Tribe; and, WHEREAS, completion of a 35% design and cost estimate will facilitate a grant application by the Kenaitze Indian Tribe for additional federal funds to complete the project design and construction; and, WHEREAS, the U.S. Fish and Wildlife Service is providing $25,000 for an elevational and morphological survey of Cemetery Creek and culvert, engineering and design; and, WHEREAS, the agreement with the U.S. Fish and Wildlife Service requires $5,000 in local funding which is being provided by proceeds from the Kenai Silver Salmon Derby, held by the Kenai Community Foundation; and, WHEREAS, proceeds from the Kenai Silver Salmon Derby are designated for management and protection of river banks and other riparian zones in the City of Kenai; and, WHEREAS, design and construction of the project will be administered by the City as the land owner; and, WHEREAS, the cooperative partnership between the U.S. Fish and Wildlife Service, the City of Kenai, and the Kenaitze Indian Tribe to replace the culvert and improve fish habitat is in the best interest of the City and its residents; and, WHEREAS, in order to accommodate grant application timelines this fall, the administration is requesting introduction and approval of this Ordinance at the same meeting on August 2, 2023; and, WHEREAS, pursuant to KMC 1.15.070(d) the City may introduce and finally pass on the same day, an ordinance making, repealing, transferring or otherwise changing an appropriation. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3364-2023 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept a grant in the amount of $25,000 from the U.S. Fish and Wildlife Service, execute all applicable grant documents and expend the funds in adherence to the provisions of the grant and this ordinance. Section 2. That the City Manager is authorized to accept $5,000 in proceeds from the Kenai Silver Salmon Derby, being held by the Kenai Community Foundation, and to expend those funds for habitat restoration. Section 3. That the following budget revision is authorized: Water & Sewer Capital Project Fund: Increase Estimated Revenues: Federal Grants $25,000 Miscellaneous Donations 5.000 Increase Expenditures — Construction $30,000 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 2ND DAY OF AUGUST, 2023. ATTEST: ichel aner MMC, City Clerk Approved by Finance: fir•. .� .: Y ...`_ /• Brian Gabriel Sr., Mayor Introduced: August 2, 2023 Enacted: August 2, 2023 Effective: August 2, 2023 New Text Underlined; [DELETED TEXT BRACKETED] KFNAI City of Kenai 1210 1-idalgo Ave, Kenai, AK 99611-77941 907.283.7535 1 www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: July 21, 2023 SUBJECT: Ordinance 3364-2023 Appropriation of a U.S. Fish and Wildlife Service Grant and Proceeds from the Kenai Silver Salmon Derby for Installation of a Fish Passage Culvert In partnership with the U.S. Fish and Wildlife Service and the Kenaitze Indian Tribe, the City is working to replace an existing culvert, installed under a City water main, with a fish passage culvert to enhance salmon habitat in Cemetery Creek, located within the City. Cemetery Creek has been determined by U.S. Fish and Wildlife Service to have one of the highest populations of coho and chinook salmon smolt on the lower Kenai River. Salmon do not spawn in the creek; however, smolt from upriver utilize the stream as a rearing habitat before migrating to the open ocean. The existing culvert installed by the City during the installation of a City water main has been determined to be an impediment to salmon smolt during certain water flow conditions, and the habitat would be enhanced with the installation of a fish passage culvert. City staff, along with representatives from the Kenaitze Indian Tribe and the U.S. Fish and Wildlife Service, toured the site and saw both one- and two -year -old coho salmon smolt rearing in the Cemetery Creek and the subject culvert. The group is working collaboratively on a project in which the U.S. Fish and Wildlife Service will provide technical direction and funding, the City will provide design and construction management services, and the Kenaitze Indian Tribe will apply for federal funding to complete the project. The culvert, denoted with a blue dot on the attached map, is located between Birch and Coral Streets, paralleling the Kenai Spur Highway on a parcel of City -owned land located within the Airport Reserve. The water main installed in the area was elevated above Cemetery Creek and is enclosed in a dirt mound. The project will include excavation of the mound, supporting the water main while exposed, installation of a new fish passage culvert, and re -burying of the watermain. Proceeds from the Kenai Silver Salmon Derby, which have been entrusted to the Kenai Community Foundation, are designated for management and protection of river banks and other riparian zones within the City of Kenai. The Administration proposes $5,000 be allocated from the Derby proceeds, which would represent the first use of Derby proceeds toward a project. The U.S. Fish and Wildlife Service has offered the additional $25,000 for preliminary design and cost estimation needed to facilitate a grant application this fall for the remaining design and construction funds. In order to meet the fall grant application timeline, the Administration is requesting the Ordinance be introduced and heard at the same meeting. The partners of the project are committed to enhancing habitat in support of salmon returns on the Kenai River and respectfully request your support for enactment of Ordinance 3364-2023. Attachment Cemetery Creek Area Map Page 2 of 2 t The City of Kenai I www kenai.city :i�t] ra h+r ir+fr.]''mdtipn s StPntti 11 M iA Map title goes here. Legend Mileposts City Limits Highways Major Roads Roads — Town Medium Volume — Town Low/Seasonal; Other Proposed Parcels Image © Red: Red Lvl Green: Green ■ Blue: Blue t 4� r� t .a ir % ■ a , : KCNA1�Slpu p r` This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. It is not to be used for navigation. Notes Type any notes here. DATE PRINTED: 7/21/2023 KENAITZE INDIAN TRIBE July 24, 2023 Terry Eubank, Manager City of Kenai 210 Fidalgo Ave Kenai, AK 99611 RE: Letter of Support for the City's Fish Passage Culvert Design and Installation Plans Dear Mr. Eubank, On behalf of Kenaitze Indian Tribe, please accept this letter as our enthusiastic support P, for your plans in partnership with the U.S. Fish and Wildlife Service (USFWS) to begin 9 efforts to replace an existing culvert at Cemetery Creek with a design that allows for 14 fish passage to enhance this important salmon habitat. We also look forward to the apotential for further collaboration with the City of Kenai on this key topic. Y USFWS has determined Cemetery Creek to have one of the highest populations of coho and chinook salmon smolt on the lower Kenai River. Although salmon do not spawn in the creek itself, smolt from upriver utilize the stream as a rearing habitat before W migrating to the open ocean. The existing culvert installed by the City during the a� installation of a City water main has been determined to be an impediment to salmon smolt during certain water flow conditions, and the habitat would be enhanced with the LO installation of a fish passage culvert. Kenaitze's Educational Fishery beach site is o located on Tribal lands adiacent to Cook Inlet near the mouth of the Kenai River, not k far from Cemetery Creek. With our Educational Fishery permit, we are able to practice U our culture and share with our Kenaitze and Salamatof Tribal families, as well as with c our regional partners. Our net represents one of the few remaining opportunities for our N children and partners to learn and practice our cultures' catching, cutting, processing, Lh smoking, and eating of our salmon — opportunities that feed our bodies, minds, and spirits. Practicing our values of sharing, caring, and respect, the Kahtnuht'ana Dena'ina o and other Alaska Native/American Indian community members work together to ensure °i our lands, waters, and people remain healthy and thrive forever; and efforts to improve c the local infrastructure that help to ensure our time-honored fishing practices are a supported by a healthy and returning fish population are of the utmost importance to the Tribe. r o Kenaitze Indian Tribe appreciates the opportunity to express our support for this project Y and the prospect of being able to further partner with the City in order to advance the a many positive benefits to our shared community that these activities represent. If I can provide any additional information that will be helpful to you in this endeavor, please Y feel free to reach out to me. Sincerely, m p Chelsea Hendriks a Interim Executive Director