The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/17/2022 - SECOND READING OF ORDINANCE NO. 052, 2022, MAKING Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 17, 2022 City Council STAFF Bernadette Kuhn, Environmental Planner Katie Donahue, Natural Areas Director Theresa Connor, Utilities Deputy Director Eric Potyondy, Legal SUBJECT Second Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre River Native Fish Project Grant in the Natural Areas Fund. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 3, 2022, requests an appropriation of grant funds from Colorado Parks and Wildlife to the Natural Areas Department to complete a river habitat improvement project for native fish on the Cache la Poudre River. The grant funds will be used to create refuge pools in a side channel of the Cache la Poudre River f or the rare, native plains topminnow and orange-spotted sunfish. The project is a value-added element to the City’s instream water right project underway at the CSU Environmental Learning Center (BFO 1.62, 9.16, 12.23). Flows for the refuge pools will be s upplied by the instream water right. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2022 (w/o attachments) (PDF) 2. Ordinance No. 052, 2022 (PDF) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 3, 2022 City Council STAFF Bernadette Kuhn, Environmental Planner Katie Donahue, Natural Areas Director Theresa Connor, Utilities Deputy Director Eric Potyondy, Legal SUBJECT First Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre River Native Fish Project Grant in the Natural Areas Fund. EXECUTIVE SUMMARY The purpose of this item is to request an appropriation of grant funds from Colorado Parks and Wildlife to the Natural Areas Department to complete a river habitat improvement project for native fish on the Cache la Poudre River. The grant funds will be used to create refuge pools in a side channel of the Cache la Poudre River for the rare, native plains topminnow and orange-spotted sunfish. The project is a value-added element to the City’s instream water right project underway at the CSU Environmental Learning Center (BFO 1.62, 9.16, 12.23). Flows for the refuge pools will be supplied by the instream water right. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Poudre River Native Fish Project is a restoration project that supports the health of the Cache la Poudre River (Poudre River) by reintroducing the native plains topminnow and orange-spotted sunfish at the Environmental Learning Center (ELC) near Drake and Ziegler. These species are listed as Species of Greatest Conservation Need by Colorado Parks and Wildlife (CPW). The project was awarded $200,000 in grant funding from CPW in April 2022. The project will construct small refuge pools along a side channel of the Poudre River that will be stocked with plains topminnow and orange-spotted sunfish by CPW. This is an innovative approach to address declines in native fish populations on the Poudre River. It was conceptualized by Natural Areas and Utilities staff, CPW and CSU fish biologists, and a river engineering design team. Water from the City’s instream flow water right at the ELC will be used to fill and maintain the constructed pools. The City is working to secure this water right by rebuilding a badly damaged diversion structure at the ELC slated for construction in fall 2022 (BFO Offers 9.16, 12.23, 1.62). This project aligns with Council's priority for a healthy and resilient Poudre River and Natural Areas’ long term restoration plans in this reach. CITY FINANCIAL IMPACTS This Ordinance will appropriate $200,000 of CPW grant funds to the Natural Areas Department to complete the Poudre River Native Fish Project. There is no financial impact to the City as there are no matching funds required. ATTACHMENT 1 COPY Agenda Item 11 Item # 11 Page 2 BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board unanimously recommended Council support this appropriation for the Poudre River Native Fish Project. (Attachment 2) PUBLIC OUTREACH Natural Areas staff will work with CSU Environmental Learning Center to provide information to visitors and ELC camp participants at the site about the fish habitat improvements. Information will also be shared through the City’s ELC Flow Restoration project website: www.fcgov.com/naturalareas/elc. ATTACHMENTS 1. Intergovernmental Agreement (PDF) 2. Land Conservation and Stewardship Board Minutes (excerpt) (PDF) COPY -1- ORDINANCE NO. 052, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION OF THE POUDRE RIVER NATIVE FISH PROJECT GRANT IN THE NATURAL AREAS FUND WHEREAS, the City, through the Natural Areas Department, is pursuing the Poudre River Native Fish Project, a restoration project that supports the health of the Cache la Poudre River by reintroducing the native plains topminnow and orange-spotted sunfish at the Environmental Learning Center located near Drake Road and Ziegler Road (the “Poudre River Native Fish Project”); and WHEREAS, Colorado Parks and Wildlife (“CPW”), an agency of the State of Colorado, awarded the Project $200,000 in grant funding in April 2022 (“CPW Grant”); and WHEREAS, City staff desires an appropriation of the $200,000 of the CPW Grant to further the Poudre River Native Fish Project; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the public purpose by improving the health of the Poudre River and its ecosystem, which supports the general health of the environment and public health and welfare, and improves recreational and educational opportunities and experiences of the residents of Fort Collins; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Natural Areas Fund and will not cause the total amount appropriated in the Natural Areas Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or private grant or donation, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the earlier of the expiration of the federal, state or private grant or the City’s expenditure of all funds received from such grant or donation; and WHEREAS, the City Council wishes to designate the appropriation herein for the CPW Grant for the Poudre River Native Fish Project as an appropriation that shall not lapse until the earlier of the expiration of the CPW Grant or the City’s expenditure of all funds received from such grant. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from new revenue or other funds in the Natural Areas Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) to be expended in the Natural Areas Fund for the Poudre River Native Fish Project from the CPW Grant. Section 3. That the appropriation herein for Poudre River Native Fish Project is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the CPW Grant or the City’s expenditure of all funds received from such grant. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2022, and to be presented for final passage on the 17th day of May, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk