HomeMy WebLinkAboutMINUTES-10/27/2009-AdjournedOctober 27, 2009
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Adjourned Meeting - 6:00 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, September
27, 2009, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell.
Councilmembers Absent: Kottwitz
Staff Members Present: Atteberry, Krajicek, Roy
Items Relating to the Riverwalk Annexation and Zoning Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 099, .2009, Annexing Property Known as the Riverwalk
Annexation to the City.
B. Second Reading of Ordinance No. 100, 2009, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Riverwalk
Annexation to the City.
These Ordinances, unanimously adopted on First Reading on October 6, 2009 annex and zone
265.65 acres generally located at the southwest quadrant oflnterstate 25 and East Harmony Road.
The site is bounded by I-25 on the east, Harmony Road on the north, the Fossil Creek Reservoir Inlet
Ditch on the west and Kechter Road on the south. The requested zoning is T, Transition.
The applicant has asked that the zoning for the south half of the property be amended on Second
Readingfrom Public Open Lands District (POL) to Transition District (T). This is consistent with
the petition for annexation, which requests that the entire property be placed in the T zone. Staff and
the P&Z Board initially recommended that the south half of the property be placed in the Public
Open Lands (POL) zone since the anticipated use of that portion of the property is for a water
storage facility. However, staff does not object to the request to place the entire parcel in the T-
Transition Zone District as the land use regulations that would control the property are not
impacted. The property, ifzoned T-Transition, would require a subsequentzone change before any
development could occur except that the proposed zoning condition recommended by the P&Zwould
allow dirt removal in accordance with a Type II permit. Staff believes that rezoning the entire
parcel T does not impact the City's ability to ensure the property conforms with the City's adopted
Plans, Policies and Regulations. "
11161"
October 27, 2009
Steve Dush, Community Development and Neighborhood Services Director, stated the applicant has
requested the zoning on the south half of the property be modified from POL - Public Open Land
to T-Transition. Staff has reviewed the request and does not object to the change in zoning. The
Zoning Ordinance has been revised to add a section that requires a zoning district other than T-
Transition be brought for Council consideration within one year.
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Ordinance No.
099, 2009, on Second Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Ordinance No.
100, 2009, as amended, on Second Reading.
City Attorney Roy read the new language added to Ordinance No. 100, 2009, into the record.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 105, 2009,
Appropriating Prior Year Reserves and Unanticipated Revenue in Various
City Funds and Authorizing the Transfer of Appropriated Amounts
Between Funds or Projects, Adopted on First Reading
The following is staff s memorandum for this item.
"FINANCIAL IMPACT
This Ordinance increases total City 2009 appropriations by $5,289,806. Of that amount, this
Ordinance increases General Fund 2009 appropriations by $468, 614. Funding for the total City
appropriations is $1, 691, 261 from unanticipated revenue, and $2, 953, 545 from prior year reserves,
and $645, 000 transferred from other funds. In addition, appropriations in the amount of$2, 440, 827
are being transferred from one capital project to another capital project or from operating budgets
to a project (this item does not increase overall City appropriations).
EXECUTIVE SUMMARY `
This item was pulled from the Consent Agenda by a citizen on October 20, 2009 and Council
adjourned that meeting before "Pulled Consent" items were considered.
Following is a list offunds that make up the increase in appropriations:
15VA
October 27, 2009
General Fund
Unanticipated Revenue
$349, 494
Prior Year Reserves
Traffic Surcharge Reserve
$30, 000
Camera Radar Reserve
$21, 620
Other Reserves
$67, 500
Transportation Services Fund
$222, 888
Capital Improvement Expansion Fund
$1,708,582
Capital Projects Fund
$2,104,
075
Natural Areas Fund
$20, 000
Recreation Fund
$88, 638
Data & Communications Fund
$99, 772
Light & Power Fund
$430, 000
Wastewater Fund
$27,800
Stormwater Fund
$3, 200
Timberline & Prospect 994 SID Fund
$116,237
The purpose of this annual "clean-up " Ordinance is to combine dedicated revenues or reserves that
need to be appropriated before the end of the year to cover the related expenses that were not
anticipated and, therefore, not included in the 2009 budget. The unanticipated revenue is primarily
from fees, charges, rents, contributions and grants that have been paid to City departments to offset
specific expenses. Prior year reserves are primarily being appropriatedfor unanticipated operation
expenses from reserves that are set aside for that purpose.
This Ordinance appropriates prior year reserves and unanticipated revenue in various Cityfunds,
and authorizes the transfer of appropriated amounts between funds. The City Charter permits the
City Council to provide by ordinance for payment of any expense from prior year reserves. The
Charter also permits the City Council to appropriate unanticipated revenue received as a result of
rate or fee increases or new revenue sources. Additionally, it authorizes the City Council to transfer
any unexpended appropriated amounts from one fund to another upon recommendation of the City
Manager, provided that the purpose for which the transferred funds are to be expended remains
unchanged; the purpose for which they were initially appropriated no longer exists; or the proposed
transfer is from a fund or capital project account in which the amount appropriated exceeds the
amount needed to accomplish the purpose specified in the appropriation ordinance.
If these appropriations are not approved, the City will have to reduce expenditures even though
revenue and reimbursements have been received to cover those expenditures.
BACKGROUND
A. GENERAL FUND
1. Fort Collins Police Services ("FCPS') has received revenue from various sources which
needs to be appropriated to cover the related expenditures. A listing of these items follows:
453
October 27, 2009
a. $30, 221 -Police Report Fees -Police reports purchased by the public and insurance
agencies generate revenue of approximately $7.50 a report. This fee is collected to
help offset processing costs for copy machine rental.
b. $6, 300 - FCPS charges a testing fee for Emergency Services Dispatcher and Police
Officer positions. This fee is assessed to offset the cost of testing materials.
C. $65,687 - CSU Football - Contract pricing with CSU to cover overtime costs.
associated with providing security during football season.
d. $12,255 - During 2009, for cancellation of services, classes, and merchandise
returns FCPS received this revenue that directly offsets/refunds the cost of the
original expenses.
e. $30, 000 - Traffic Surcharge Reserve - Traffic department costs associated with
traffic calming radio ads. This appropriation repays the funds transferred from the
Patrol Division to Traffic Operations since the funds were not included in the 2009
budget.
f. $7, 000 - Seatbelt Enforcement Grant - FCPS has been awarded a grant from the
State of Colorado Department of Transportation to be used for seatbeltcompliance
enforcement.
g. $8, 500 - DUI Enforcement Grant - FCPS was approved for a grant for "Checkpoint
Colorado" for 2009 checkpoint expenses. The grant pays for officer overtime, on
site phlebotomist service and traffic flow engineering services.
h. $5,168 - The DBA reimbursed FCPS for overtime incurred to patrol the Brew Fest.
i. $117,023 -FCPS, in cooperation with Larimer County Sheriffs Office, pays the
ongoing maintenance for the shared CAD system. Larimer County pays 1/3 of the
total invoice.
j. $14, 316 - A pilot combined Crime Lab partnership program has been formed and is
operating from FCPS headquarters. Each participating agency has contributed
money towards shared computer and other logistical expenses. These funds received
from other agencies need to be appropriated to payback the partners share of those
costs.
k $9,880 - A weather satellite subscription is being shared between the Thompson
School District, the Loveland School District, PFA, City of Fort Collins Stormwater,
City Transfort, the Poudre School District, the Poudre Valley Hospital and FCPS.
FCPS pays the total cost and invoices the partners for their portion.
454
October 27, 2009
$21, 620 - At the end of the lease cycle, FCPS opted to purchase motorcycles being
used for traffic enforcement. This appropriation from Camera Radar revenue will
cover almost 50% of the cost of thatpurchase and save over subsequent years lease
costs. The remainder of the purchase was paid for from existing funds within the
Police budget.
FROM- Unanticipated Revenue (Miscellaneous Police) $260,850
FROM- Prior Year Reserve (Traffic Surcharge) $30, 000
FROM: Prior Year Reserve (Camera Radar) $21, 620
FROM.- Unanticipated Revenue (Seatbelt Grant) $7, 000
FROM. Unanticipated Revenue (DU[ Enforcement Grant) $8,500
FOR:
Police Services
$312,470
FOR:
Seatbelt Grant
$7, 000
FOR:
DUI Grant
$8,500
2. The Natural Resources Department received a grant for $4, 784 fro the Colorado
Department ofPublic Health and Environmentfor continuing radon education and outreach
to encourage radon testing and mitigation through media advertising and low-cost test kit
sales. The grant period is from October 1, 2009 through September 30, 2010. This grant
requires a local match of $4,784 that will be provided from the 2010 Air Quality
Improvement budget.
FROM: Unanticipated Revenue - Grant
FOR: Grant Expenses
$4, 784
$4, 784
TRANSFER FROM- Natural Resources Operations $4, 784
TO: Radon Grant $4, 784
3. The City dedicates a portion of the Public, Educational & Governmental (PEG) fees to Fort
Collins Public Access Network (FC-PAN) for use in purchasing equipment to provide local
access programming. In previous years, FC-PAN did not spend the full amount of their
authorized allocation and has been keeping some money in reserve. Participation and
demand for FC-PAN services has grown, and additional equipment is needed to support the
increased demand $7,500 is being requested from the PEG reserve account to cover
equipment costs.
FROM.- Prior Year Reserves (PEG Reserve) S7,500
FOR: Cable 14 Expenses S7,500
4. Cable 14 services are in need of "mission critical" equipment in 2009. Due to budget
constraints, General Fund monies will not be utilized and PEG reserves will be used to cover
the equipment purchase.
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October 27, 2009
FROM Prior Year Reserves (PEG Reserve) S35,000
FOR: Cable 14 Expenses $ 35,000
5. Cable 14 services has been in increased demand, and will exceed its projected revenue from
billable work. From the excess revenue, $12, 000 needs to be recovered to cover increased
salary and equipment costs.
FROM: Unanticipated Revenue $ 12, 000_
FOR: Cable 14 Expenses S12,000
6. The Gardens on Spring Creek have received unanticipated revenue beyond the original
revenue budget. This additional funding will go towards hourly and seasonal staff, as well
as the Harvest Festival and Garden of Lights events.
FROM: Unanticipated Revenue $33, 000
FOR: Gardens on Spring Creek expenses $33, 000
7. The Gardens on Spring Creek would like to appropriate funds from Horticulture Reserves
to fund hourly and seasonal staffing needs not designated in the budget process.
FROM Horticulture Reserves $25, 000
FOR: Gardens on Spring Creek expenses $25, 000
8. The Gardens on Spring Creek has received a grant from Poudre Valley Health System
Foundation to fund a parttime Community Garden Coordinator position at the Gardens.
FROM: Unanticipated Revenue $15,200
FOR: Gardens on Spring Creek expenses $15,200
9. The City of Fort Collins entered into an Intergovernmental Agreement (IGA) with the
Library District in 2007. The terms of the IGA include reimbursement for administrative
services associated with the Library operations incurred from December 2008 through
December 2009. Human Resources incurred these expenses through basic administrative
services and access to the registration system (ITMS).
FROM Unanticipated Revenue $8,160
FOR: Human Resources Expenses $8,160
B. RECREATION FUND
The Recreation Division administers several restricted revenue accounts for various programs.
Revenues for these programs include grants, fiend -raising events and activities, and sponsorships.
The following items appropriate specific expenditures from unanticipated revenue and restricted
reserves established for these special revenue accounts.
456
October 27, 2009
1. Prior year reserves associated with the Youth special revenue account, in the Recreation
Fund, will be appropriated through this item and used to continue to run after school
tutoring, Toys for Kids, and Northside programs.
FROM Prior Year Reserves $10, 000
FOR: Youth Special Revenue $10, 000
2. Unanticipated revenue associated with the Youth Sports special revenue account will be
appropriated through this item and used to purchase youth sports equipment:
FROM Unanticipated Revenue $13, 000
FOR: Youth Sports $13,000
3. Unanticipated revenue associated with the Vida Sana grant will be appropriated through
this item and used to fulfill the requirements of the grant. This grant is through the Larimer
County Department of Health and Environment. The Vida Sana project will address health
disparities among Latino/Hispanics by increasing access to physical activity at the Northside
Aztlan Community Center.
FROM Unanticipated Revenue $34,1 5 0
FOR: Vida Sana $34,150
4. Additional grant funding received in association with the Youth Football Hub Grant will be
appropriated through this item and used to purchase youth football equipment.
FROM Unanticipated Revenue $3, 000
FOR: Youth Football $3, 000
�. Prior year reserves associated with the Ice & Aquatics special revenue account will be
appropriated through this item and used to purchase ice and aquatics equipment and
supplies.
FROM- Prior Year Reserves $20, 000
FOR: Ice & Aquatics $20, 000
6. Prior year reserves associated with the Adult Sports special revenue account will be
appropriated through this item and used to purchase sports equipment.
FROM Prior Year Reserves $5, 488
FOR: Adult Sports $5, 488
7. Unanticipated revenue associated with the alternative programs special revenue account
will be appropriated through this item and used to purchase adaptive recreation equipment.
FROM Unanticipated Revenue
$3, 000
457
FOR: Alternative Programs
C. DATA & COMMUNICATIONS FUND
October 27. 2009
$3, 000
1. The City's Development TrackingSystem (DTS) isfundedthrough Building Permitfees. DTS
Building Permit fee revenue is tracking 80% below budget. Revenue from this source will
not cover basic DTS services. The Applications Services Department in Management
Information Service is requesting prior year reserves to cover the gap.
FROM.- Prior Year Reserves
FOR: Development Tracking System
D. LIGHT & POWER FUND
$99, 772
$99, 772
1. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $86, 000 relating
to security improvements to an operations budget vs. a capital projects budget. This will be
corrected by moving those funds from the operations budget to the capital projects budget.
TRANSFER FROM: Material Control - Operations $86, 000
TO: Service Center - Capital Project $86, 000
2. The Renewable Distributed System Integration project, a part of FortZed, is a three year
project which will be reimbursed in large part by the federal Department of Energy (DOE).
The total match required from the Light & Power Fund is $200,801. The match includes
staff support for the project and engineering studies. These matching funds were
appropriated in the 2009 Light and Power operating budget. For proper grant accounting,
the appropriation should be transferred into the DOE FortZed Grant Project. To
accomplish the above, City Council is requested to approve a budget transfer from the
Utilities Light & Power Fund's 2009 operating budget to the DOE Grant project.
TRANSFER FROM: Light & Power Distribution - Operations $200,801
TO: DOE Grant Project - Capital Project $200, 801
3. The City of Fort Collins has a $1.3 million grant project to facilitate a number of energy
efficiency, retro-commissioning and renewable energy projects in the community. The cost
of the project will be reimbursed, in large part, by funding by a grant from the Department
of Local Affairs (DOLA) and by the Bohemian Foundation via the Community Foundation
of Northern Colorado (CFNC). Several other entities are participating in this project in
addition to the Ciry of Fort Collins. Ordinance No. 023, 2009, approved by the City Council
in March 2009, appropriated the unanticipated grant revenue from DOLA ($778, 000). At'
that time it was projected that the funding from the CFNC could go directly from CFNC to
the participants. It would be more fiscally accountable for the City to have the CFNC grant
funds flow through the City prior to distribution to the other participants.
To accomplish the above, City Council is requested to approve the appropriation of
October 27, 2009
$430,000 in unanticipated CFNC grant revenue for expenditure in the Utilities Light &
Power Fund's DOLA Grant project.
FROM Unanticipated Revenue
TO: DOLA-Grant Project
E. WATER FUND
$430,000
$430,000
1. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $28, 000 relating
to security improvements to an operations budget vs. a capital projects budget. This will be
corrected by moving those funds from the operations budget the capital projects budget.
TRANSFER FROM: Water Quality - Operations $28, 000
TO: Service Center Improvements - Capital Project $28, 000
2. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $531 relating
to fuel expenses to an operations budget vs. a capital projects budget. This will be corrected
by moving those funds from the operations budget the capital projects budget.
TRANSFER FROM Water Quality - Operations $531
TO: Southwest System Improvements - Capital Project $531
F. WASTEWATER FUND
1. The 2009 Budget Ordinance (Ord. No. 127, 2008) under -appropriated S27, 800 relating to
security improvements. An appropriation in this amount is being requested from prior year
reserves.
FROM Prior Year Reserves $27, 800
FOR: Service Center Improvements $27, 800
2. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $26, 200 relating
to security improvements to an operations budget vs. a capital projects budget. This will be
corrected by moving those funds from the operations budget to the capital projects budget.
TRANSFER FROM Pollution Control Laboratory - Operations $26,200
TO: Service Center Improvements - Capital Project $26, 200
3. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $177 relating
to fuel expenses to an operations budget vs. a capital projects budget. This will be corrected
by moving those funds from the operations budget to the capital projects budget. '
TRANSFER FROM Pollution Control Laboratory - Operations $177
TO: Harmony Lift Station - Capital Project $177
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October 27, 2009
4. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $915 relating
to fuel expenses to an operations budget vs. a capital projects budget. This will be corrected
by moving those funds from the operations budget to the capital projects budget.
TRANSFER FROM Pollution Control Laboratory - Operations $915
TO: Drake Water Reclamation Facility Improvements - Capital Project $915
G. STORMWA TER FUND
1. The 2009 Budget Ordinance (Ord. No. 127, 2008) under -appropriated $3,200 relating to
security improvements. An appropriation in this amount is being requested from prior year
reserves.
FROM Prior Year Reserves $3, 200
FOR: Utility Service Center Phase 2 $3, 200
2. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $28, 800 relating
to security improvements to an operations budget vs. a capital projects budget. This will be
corrected by moving those funds from the operations budget to the capital projects budget.
TRANSFER FROM: Drainage & Detention - Operations $28,800
TO: Utility Service Center Phase 2 - Capital Project $28,800
3. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $257 relating
to fuel expenses to an operations budget vs. a capital projects budget. This will be corrected
by moving those funds from the operations budget to the capital projects budget.
TRANSFER FROM: Drainage & Detention - Operations $257
TO: Old Town Basin Improvements - Capital Project $257
4. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $1, 362 relating
to fuel expenses to an operations budget vs. a capital projects budget. This will be corrected
by moving those funds from the operations budget to the capital projects budget. .
TRANSFER FROM. Drainage & Detention - Operations $1,362
TO: Canal Importation Basin Improvements - Capital Project $1,362
IL UTILITY CUSTOMER SERVICE & ADMINISTRATION FUND
1. The 2009 annual appropriation ordinance for - the Utilities Customer Service &
Administration Fund did not separate the capital project appropriation from the operating
appropriation. $I50, 000 should have been appropriated for the System Additions and
Replacements capital project but this $150, 000 was included as part of the operating
appropriation. This will be corrected by moving those funds from the operations budget to
the capital projects budget. The funds will be used for the relocation of the Utilities
Customer Service Office.
October 27, 2009
TRANSFER FROM.- Regulatory & Government Affairs - Operations $150, 000
TO: System Additions & Replacements - Capital Project $150, 000
L TIMBERLINE/PROSPECT SID #94 FUND
1. Improvements on Prospect and Timberline were completed in 2007. Property owners were
assessed in December 2007. Initial financing was provided by a developer who agreed to
be paid back by Special Improvement District 994 Timberline and Prospect. The City
collects from the property owners and remits them to the developer after withholding an
agreed upon collection fee. The estimated amount to be remitted to the developer in 2009
is $116,237. In the future, this item will be included in the biennial budget.
FROM: Unanticipated Revenue (special assessment) $116,237
FOR: Repay Developer $116,237
J. TRANSPORTATION SER VICES FUND
1. This item appropriates unanticipated revenue for the 200812009 Bike Library Program.
Become Fit LLC donated $300 in one-time funds to support operation of the Bike Library.
The Bike Library also received revenue for scrap metal from unusable bike parts in the
amount of $875. These funds will be appropriated for the operation of the Bike Library.
FROM: Unanticipated Revenue (Miscellaneous) $1,175
FOR: Bike Library Program. $1,175
2. This item appropriates unanticipated revenue for the 200812009 FCBikes program. The
FCBikes program runs the annual Bike Camp. Camp registrations totaled $2, 664 which
pays for the intern supervising the camp, camp T-shirts and supplies. Become Fit LLC
donated $309 for support of Bike Camp. The Bike Prom event raised $400 for support of
bike camp. Citizens also contributed donations totaling $90 in support of the FCBikes Co -
Exist Campaign.
FROM: Unanticipated Revenue (Miscellaneous) $3, 463
FOR: 2009 Bike Camp Expenses $3, 463
3. The lights in the Civic Center Parking Structure are at the end of their useful life. This
appropriation will replace the lights with new, high -efficiency, iow-energy lights. The new
lights will save enough electricity to provide a complete payback of these funds in 4-5 years.
These funds will also pay for partial painting of the lower levels of the parking structure to
enhance the lighting capacity of the new lights, and to give the structure a safer, cleaner
appearance. These funds are being appropriated from reserves that have been designated
specifically for use in the Civic Center Parking Structure.
FROM: Prior Year Reserves (Civic Center Parking) $108, 250
FOR: Civic Center Parking Structure $108, 250
461
October 27, 2009
4. Transportation Fund revenues have declined significantly since 2008, causing reductions
to the 2009 budget. An assessment of the City streets pavement condition must be made to
complete required year-end information for the Comprehensive Annual Financial Report.
The cost of the Street Assessment is $110, 000. To fund this assessment a transfer will be
made from the Capital Projects fund prior year reserves. See item K.12.
FROM: Transfer from Capital Projects Fund $110, 000
FOR: Transportation Fund Expenses $110, 000
K. CAPITAL PROJECTS FUND
1. The State Engineer has condemned the Pelican Marsh Natural Area -Benson Reservoir Dam
and it needs to be repaired. The scope of this project is to design and construct anew dam,
spillway and outlet structure for the Benson Reservoir as required by the State Engineer.
The actual costs of replacing the Benson Reservoir Dam came in $80, 000 higher than
originally estimated for a number of reasons. Construction of the spillway required more
earthwork do to a change in the alignment of the spillway; the Corps of Engineers required
changes in the design and restoration that were not anticipated; and final quantities for
riprap were greater than the preliminary estimates.
The Soapstone project is essentially done with a few remaining items to complete. There is
revenue available to transferfrom the Soapstone project to the Robert Benson Dam project.
Natural Areas would like to transfer $80,000 of the available.balance (approximately
$400, 000) from the Soapstone project to the Robert Benson Dam Project to cover the
additional dam expenses.
TRANSFER FROM: Soapstone Public Improv. Project S80,000
TO: Robert Benson Dam Project $ 80, 000
2. The Citypurchased 4913 South College Avenue, the future site of the South Transit Center,
in December 2002. Prior to plans for construction of the future facility, the property has
been rented. Rental revenue received in 2009 will be $5,850. This item appropriates the
unanticipated revenue from rental income to be used for expenses.for the Mason Corridor
Project.
FROM: Unanticipated Revenue (Rent) $5,850
FOR: Mason Corridor Project $5,850
3. CMAQ funds of $600, 000 for the Mason. Corridor - Troutman Crossing Project were
approved thru the 200812009 budget process, but were not included in the 2009
appropriation ordinance. This item does not increase or change the funds previously
approved in the budgetprocessfor this project; it only corrects the omission ofthe funds that
were to be appropriated into the project. Local matching fiords of $300, 000 were also
identified and approved by Resolution 2008-016. This item also transfers these local
matchingfunds of$300,OOOfrom the Pedestrian Plan/ADAproject into the Mason Corridor
— Troutman Crossing project which consolidates the funds for this grant funded project.
462
October 27, 2009
FROM: Unanticipated Revenue (CMAQ grant) $600, 000
FOR: Mason Corridor Project -Troutman Crossing $600, 000
TRANSFER FROM: BOB Pedestrian Plan & ADA Project $300, 000
TO: Mason Corridor Project=Troutman Crossing $300, 000
4. This action transfers local matchingfunds, previously identified in the Pedestrian Plan/ADA
project and approved by Council Resolution 2008-093, to the North College Improvements
project account. It does not change or increase the previously approved project budget.
TRANSFER FROM- BOB Pedestrian Plan & ADA Project $83, 000
TO: BOB North College Ave. Improvements Project $83, 000
5. In the 200812009 budget process which approved the budget for the Mason Corridor BRT
Project, $1,200,000 was identified as local matching funds to be provided by the BOB
Intersections Project. This item is not adding or changing the funds previously approved for
the Mason Corridor BRT project; it only transfers the local matching funds into the Mason
Corridor BRT Project account from the BOB Intersections project account to combine the
project costs. This item also moves the revenues and appropriations identified as part of the
local matching funds for the Mason Corridor BRT project from the Transportation Fund to
the Mason Corridor BRT project account ($35, 000).
TRANSFER FROM.- BOB Intersection Improvements Project S1,200,000
TO: Mason Corridor Project - BRT 1$1, 200, 000
FROM: Transfer from Transportation Fund $35, 000
FOR: Mason Corridor Project - BRT $35, 000
6. Additional funding is required to move forward on the Mason Corridor -Natural Resources
Research (NRRC) Center Crossingproject. Available funds have been identif ed in the BOB
Pedestrian Plan/ADA Project (S150, 000) and the BOB Bike Plan project ($100, 000). This
item transfers these available funds into the Mason Corridor — NRRC Crossing Project
account. Funding from the North Fort Range Metropolitan Planning Organization,
Colorado Department of Transportation and City matching funds totaling $1, 345, 000 have
previously been approved and appropriated into this project.
TRANSFER FROM. BOB Pedestrian Plan & ADA Project $150, 000
TRANSFER FROM. BOB Bicycle Plan Implementation Project $100, 000
TO: Mason Corridor Project-NRRC Crossing $250, 000
7. This item appropriates miscellaneous unanticipated revenue into the Pedestrian Plan (BCC)
project. Transportation Planning received a contribution of $350 from Become Fit LLC in
support of the City's Safe Route to School Program. Colorado State University contributed
$150 for their portion of a sidewalk improvement next to the CSU campus.
FROM: Unanticipated Revenue (Miscellaneous)
$ 500
e
463
October 27, 2009
FOR: BCC Pedestrian Plan Project $ 500
8. The Fort Collins Museum requests the appropriation of $500, 000 in unanticipated revenues.
This revenue was received from the City of Fort Collins Natural Areas Fund in support of
the New Facility and the partnership with the Fort Collins Museum and Discovery Science
Center. Funds will be used to support research and development of exhibits and programs
for the new Joint Museum Facility.
FROM: Unanticipated Revenue (Transfer from Natural Resources) $500, 000
FOR: Ft Collins Museum/Discovery Science Center Project $500, 000
9. The Light and Power Fund Renewable Distributed System Integration (RDSI) project, apart
of Fort Zed, is a three year project which will be reimbursed in large part by the federal
Department of Energy (DOE). In addition to the grant match required from the Light and
Power Fund the Operations Services department is required to contribute $241,797 in
matching funds. These funds will be appropriated from Capital Projects Fund prior year
reserves accumulated from unappropriated interest earnings.
FROM. Prior Year Reserves (Capital Projects Fund) $241,797
FOR: Department of Energy - RDS1 Project $241, 797
10. The City of Fort Collins has received a $1.3 million grant to facilitate a number of energy
efficiency, retro-commissioning and renewable energy projects in the community. The
federal grant was approved by Ordinance No. 023, 2009, which appropriated $778, 000 from
the Department of Local Affairs (DOLA). This ordinance (See item D.3.) appropriates the
Bohemian Foundation contribution via the Community Foundation of Northern Colorado
in the amount of $430, 000. In addition, the Operations Services department is required to
contribute $110,928 in matching funds. These funds will be appropriated from Capital
Projects Fund prior year reserves accumulated from unappropriated interest earnings.
FROM.- Prior Year Reserves (Capital Projects Fund) $110,928
FOR: Department of Local Affairs - NEC Project $110, 928
11. Transportation Fund revenues have declined significantly since 2008 causing reductions to
the 2009 budget. To help mitigate the loss of revenue the City has agreed to transfer
$500, 000 to the Transportation Fund from the Capital Projects Fund These funds will be
appropriated from Capital Projects Fund prior year reserves accumulated from
unappropriated interest earnings. No appropriations are needed in the Transportation
Fund.
FRO11P Prior Year Reserves (Capital Projects Fund) $500,000
FOR: Transfer to Transportation Fund $500, 000
12. An assessment of the City streets pavement condition must be made to complete required
year-end information for the Comprehensive Annual Financial Report. The cost of the Street
Assessment is $110, 000. To fund this assessment a transfer will be made from the Capital
October 27, 2009
Projects fund prior year reserves accumulated from unappropriated interest earnings. See
item J.4.
FROM: Prior Year Reserves (Capital Projects Fund) _ $110,000
FOR: Transfer to Transportation Fund $110, 000
L. NATURAL AREAS FUND
1. The Natural Areas Program received a grant from the US Fish and Wildlife Service to offer
education about the prairie ecosystem and endangered black footed ferrets. The U. S Fish
and Wildlife Service will provide $20, 000 the first year and $10, 000 a year for 4 years
afterwards (subject to availability and appropriations) to provide field trips to natural areas
and to offer other prairie education for the public. Resolution 2009-077 approved a
Memorandum of Understanding (MOU) outlining the grant.
FROM: Unanticipated Revenue (Grant) S20,000
FOR: Natural Areas Program S20,000
M. CAPITAL IMPROVEMENT EXPANSION FUND
1. In 2007, Council authorized the appropriation ofavailable library impactfees for the design
and construction of the New Branch Library, now known as Council Tree Library, and
$990,000 for the library opening day books and materials. An estimate of the unspent
amount for the library collection was included in the 2009 budget. The budgeted amount
varied from the actual amount available by $21, 883. This item requests the appropriation
of the remaining $21, 883 so the entire $990, 000 can be spent for books and materials.
FROM: Prior Year Reserves (Library Expansion) $ 21,883
FOR: New Branch Library Books and Materials $ 21, 883
2. In accordance with the Intergovernmental Agreement between the City and the Poudre River
Public Library District "Any revenue remaining from the City Impact Fee following
completion ofthe Southeast Branch Library will be transferred to the Public Library Fund ".
The Southeast Branch Library, now known as the Council Tree Library, has been completed.
This item appropriates all unspent library impact fee revenue received in 2009 and prior
years, less $100, 000, for transfer to the Poudre River Library District. The amount of
$100, 000 is being held by the City to cover any unanticipated project expenses.
FROM: Prior Year Reserves (Library Impact) $1,575, 307
FROM Unanticipated Revenue (Library Impact Fees) $ 111, 392
FOR: Poudre River Library District $1, 686, 699"
Councilmember Manvel asked for clarification of the source of funding for Police Services to
purchase motorcycles being used for traffic enforcement. Tom McClellan, Police Services captain,
stated prior year reserves of $21,620 from Camera Radar paid for 50% of the purchase of
motorcycles and the remainder of the purchase was paid for from existing funds within the Police
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budget.
Councilmember Troxell asked if the funds being appropriated by this ordinance would be available
for use in the 2010 budget if this ordinance is not adopted. Chuck Seest, Finance Director, stated
this ordinance is a grouping of appropriation requests that have occurred throughout the year. Some
expenditures may have already occurred and others may carry over into the next fiscal year. City
Manager Atteberry stated Council can choose not to appropriate specific items listed in the ordinance
but other cuts will need to be made if these appropriations are not approved.
Councilmember Roy asked why $450,000 is being appropriated from the General Fund to fund the
FortZed project. Steve Catanach, Light and Power Operations Manager, stated the funds from the
General Fund will be used for facility improvements to help control load and to improve efficiency
of energy controls in some City buildings. All the projects funded for FortZed have a better than
seven-year payback. The projects are facility improvement projects and not electrical energy
projects.
Councilmember Ohlson asked if the use of diesel fuel is a part of the FortZed project. Catanach
stated the FortZed is a project to develop and establish a zero -energy district on the CSU campus and
the old town area of Fort Collins. As part of a subproject of FortZed, the City was awarded a
Department of Energy grant for renewable distributed system integration to install a smart grid
control system to help develop an understanding of the impact of adding distributed generation to
the system. In order to reach a level of generation that will reduce peak demand by approximately
20%, a variety of resources are used. One resource is the emergency generator at City Hall, using
diesel fuel. The purpose was not the integration and development of totally new renewables, but it
was a research and development project to understand what happens as new levels of generation are
added to the grid. The use of diesel fuel is not a long-term component of the FortZed project.
Councilmember Ohlson asked why the floors of the parking garage are being painted. Jeff Scheick,
Director of Planning, Development. and Transportation, stated the walls and ceiling of the garage
are being painted and other illumination improvements are also underway to help with safety for
pedestrians in the garage. The floors are not being painted.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
105, 2009, on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays:
none.
i
THE MOTION CARRIED.
Resolution 2009-098
Concerning Implementation of Standards Created by Amendments to the
Public Utility Regulatory Policies Act of 1978 and Contained in the Energy
Independence and Security Act of 2007, Adopted
The following is staffs memorandum for this item.
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October 27, 2009
This item was pulled from the Consent Agenda by a citizen on October 20, 2009 and Council
adjourned that meeting before "Pulled Consent" items were considered.
The Energy Independence and Security Act of 2007 (EISA) amended the Public Utility Regulatory
Policies Act of 1978 (PURPA) to create four new standards regarding integrated resource planning,
rate design modifications to promote energy efficiency investments, and smart grid investments and
information. EISA also includes a new standard to provide incentives for recovery of industrial
waste energy. EISA requires both regulated (investor -owned) and nonregulated (municipal and
rural electric cooperatives) electric utilities to consider the standards after notice and public
hearing and to make a determination on whether or not to implement the standards. The utilitymay
determine that it is not appropriate to implement a particular standard and decline to do so as long
as it sets forth its reasons in writing and makes the writing available to the public. The Staff Report
lists the specific EISA standards and the particular practices and policies which address the
standards. Staff believes, and the Electric Board concurs, that the current electric utility practices
and policy are in compliance with the standards.
BACKGROUND
The five standards are designed to promote energy conservation, smart grid investment and
industrial waste heat recovery. The four PURPA standards are:
J
• Integrated Resource Planning
• Rate Design Modifications to Promote Energy Efficiency Investments
• Smart Grid Investment
• Smart Grid Information.
The new standard also included in EISA is Additional Incentive for Recovery, Use, and Prevention
of Industrial Waste Energy.
The Integrated Resource Planning standard (EISA sec. 532) states that:
"Each electric utility shall —
(A) integrate energy efficiency resources into utility, State, and regional plans; and
(B) adopt policies establishing cost-effective energy efficiency as a priority resource. "
Platte River Power Authority (PRPA) files a formal Integrated Resource Plan with Western Area
Power Administration (WAPA) every five years and provides updates on an annual basis. Energy
efficiency resources within the four member cities are included in the plan. These resources are
projected to lower the anticipated annual energy consumption growth rate from 2% to 1. 6%.
Council adopted the revised Energy Supply Policy in 2009, which increased the energy efficiency
goal to reduce energy consumption by 1.5% annually, regardless of population growth and
economic trends.
The Rate Design Modifications to Promote Energy Efficiency Investments standard (EISA
sec. 532) states:
"In General —The rates to be charged by any electric utility shall-
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October 27, 2009
(i) align utility incentives with the delivery of cost-effective energy efficiency; and
(ii) promote energy efficiency investments. "
The promotion of energy efficiency investments is outlined in the Energy Supply Policy, as noted
earlier. The electric utility includes the impact on adoption of energy efficiency as one of the goals
of its retail rate designs by making rate adjustments on an annual basis and adjusted, as
appropriate, in order to recover the costs of energy efficiency programs.
The electric utility and the Electric Board will evaluate alternative rate structures which mayfurther
promote energy efficiency as part of its 2010 Work Plan.
As noted in the Staff Report, a number of the policy options to be considered attempt to remove
disincentives to investor -owned electric utilities to promote energy' efficiency. City Council is the
rate -making authorityfor Fort Collins electric customers and adjusts the electric rates as desired
to meet their energy efficiency goals.
The Smart Grid Investments standard (EISA sec. 1307) states:
"In General —Each State shall consider requiring that, prior to undertaking investments in
nonadvanced grid technologies, an electric utility of the State demonstrate to the State that
the electric utility considered an investment in a qualified smart grid system based on
appropriate factors "
The electric utility routinely considers advanced technology investments. The City's electric utility
reliability indices set anew record last year with an availability of99.9981 %. The availability index
through the end of September 2009 is 99.9983%. Partnership with FortZed and the Department of
Energy RDSI project promote distributed generation and peak demand reduction. Remotely
controlled padmount switchgear will be installed in the distribution network next year to reduce
outage time. The utility has also requested S15. 6 million in stimulus fundingforAdvanced Metering
Infrastructure (AM]). AMI will provide customers with more energy usage- information and
encourage them to reduce their energy use.
• The Smart Grid Information standard (EISA sec. 1307 (A) & (B)) states:.
"(A) Standard - All electricity purchasers shall be provided direct access, in written or
electric machine- readable form as appropriate, to information from their electricity
provider as provided in subparagraph (B). "
Subparagraph (B) lists the information on prices, usage, intervals, projections and sources that is
required for consideration as shown in the Staff Report. All of the information on retail rates and
customer usage is available on the City's website. Wholesale tariff information is available on
PRPA's website. Further, the electric utility plans to include information regarding PRPA's
resource mix and associated greenhouse gas emissions on the City website.
The Additional Incentive for Recovery, Use, and Prevention of Industrial Waste Energy
standard (EISA sec. 374) states:
October 27, 2009
"In General — Not later than 180 days after the receipt by a State regulatory authority (with
respect to each electric utility for which the authority has ratemaking authority), or a
nonregulated electric utility, of a request from a project sponsor or owner or operator, the
State regulatory authority or nonregulated electric utility shall -
(A) provide public notice and conduct a hearing respecting the standard established by
subsection (b); and
(B) on the basis of the hearing, consider and make a determination whether or not it is
appropriate to implement the standard to carry out the purposes of this part. "
The electric utility has never received a requestfor such a facility but will comply with the standard
if such a request is made in the future. "
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Resolution
2009-098. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 6:30 p.m.
ATTEST:
^ City Clerk
Adiournment
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