HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/20/2008 - SECOND READING OF ORDINANCE NO. 047, 2008, APPROPR ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: May 20, 2008
FORT COLLINS CITY COUNCIL STAFF: John Stokes
SUBJECT
Second Reading of Ordinance No. 047, 2008, Appropriating Prior Year Reserves in the General
Fund for Review and Analysis of the Draft Environmental Impact Statement for Northern Integrated
Supply Project.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
Staff has been preparing for several months for the release of a Draft Environmental Impact
Statement ("DEIS") associated with the Northern Integrated Supply Project ("NISP"). The DEIS
was issued on April 30,2008,and staff will now proceed to analyze NISP based on the DEIS rather
than predictions of what the DEIS would contain. The DEIS contains approximately 700 pages of
detailed analysis, together with numerous technical reports and other appendices, and preparation
of meaningful comments will require substantial effort and the assistance of qualified consultants
to provide input regarding potential impacts to the City and along the Poudre Corridor from NISP.
The Ordinance, unanimously adopted on First Reading on May 6, 2008, appropriates $225,000 in
General Fund reserves to assist with the costs associated with review of and commenting on the
DEIS. Utilities and Natural Areas will also provide additional funding for this work from already-
appropriated monies.
ATTACHMENTS
I. Copy of First Reading Agenda Item Summary - May 6, 2008.
(w/o original attachments)
ATTACHMENT 1
ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: May 6, 2008
FORT COLLINS CITY COUNCIL QzAFF: John Stokes
SUBJECT
First Reading of Ordinance No. 047,2008,Appropriating Prior Year Reserves in the General Fund
for Review and Analysis of the Draft Environmental Impact Statement for Northern Integrated
Supply Project.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT ,
LOhas'al
A total of approximately$350, Udn ent in the ast several years from appropriated
funds in the Water Fund (apprly0 water lity studies and other preliminary
work),the Natural Areas Fund(approximately$77,000 for ecological studies and other preliminary
work), and General Fund (approximately $27,000 for preliminary review work). The Ordinance
appropriates an additional $225,000 from reserves in the General Fund to be used together with an
additional $135,000 in already-appropriated Utilities funds and an additional $50,000 in already-
appropriated Natural Areas funds, to pay for technical analysis and review, preparation of reports
and draft comments, and outside legal fees in connection with review of the Draft Environmental
Impact Statement ("DEIS") for Northern Integrated Supply Project("NISP").
EXECUTIVE SUMMARY
Staff has been preparing for several months for the release of a Draft Environmental Impact
Statement("DEIS")associated wjail&No m I ate p roject("NISP"). As indicated
in the staff presentation at th ece b 11, 0 w rk session, staff has planned to
develop comments on the DE for C cil's ation er the release of the DEIS. The
release date for the DEIS had a s er times, b the DEIS was issued on April 30,
2008, and staff will now be able to proceed to analyze NISP based on the DEIS rather than
predictions of what the DEIS would contain. The DEIS contains approximately 700 pages of
detailed analysis, together with numerous technical reports and other appendices, and preparation
of meaningful comments will require substantial effort and the assistance of qualified consultants
to provide input regarding potential impacts to the City and along the Poudre Corridor from NISP.
The Ordinance appropriates $225,000 in General Fund reserves to assist with the costs associated
May 6, 2008 -2- Item No. 24
with review of and commenting on the DEIS.Utilities and Natural Areas will also provide additional
funding for this work from already-appropriated monies.
BACKGROUND
The Northern Colorado Water Conservancy District(the"District")is proposing a water storage and
supply project known as NISP. The District made a presentation about the project to City Council
on May 22, 2007. Based on that presentation and the staff presentation and Council work session
on December 11, 2007, staff has been preparing to submit comments to the Army Corps of
Engineers (the "Corps") in response to the DEIS.
NISP is a project designed by the District and twelve municipalities and water districts. The Project
is intended to increase water supplies for the collaborating entities. Several different alternatives
to provide enhanced water supplies have been proposed by the District and its partners. The
preferred alternative identified by the partners involves the construction of a new reservoir to the
northwest of Fort Collins (the "Glade"reservoir) and development of what is known as the South
Platte Water Conservation Project. The preferred alternative (as well as three additional
alternatives) has been analyzed by the Corps, and a DEIS describing those alternatives and the
Corps' analysis was released on ApxL1 2 8. EIS is a d iled, federally required review
of the alternatives and will incl a ext n e an s o vy
mal impacts associated with the
alternatives.
Utilities and Natural Resources staff work to prepare for the release of the DEIS primarily has been
focused on anticipating and evaluating the potential impacts of NISP's preferred alternative to an
approximately ten-mile reach of the Poudre River from Overland Trail road to I-25.
SUMMARY OF STAFF WORK
Poudre Technical Advisory Group:
On November 1 st, the Natural Resources Department (NRD) and Utilities staff hosted a 4-hour
roundtable discussion with technical experts to assess past, present and potential future condition
of the Poudre River. A technical summary("white paper")was prepared to present an overview of
major findings and issues,potential change to river dynamics and future conditions. This report will
be posted on the City of Fort Collins web page as of May 2nd.
Evaluation of Hydrologic M t7t
jot
ti pact Ayres Associates
Ayres Associates was contracted by the NRD and Utilities to make a broad assessment of the
potential impacts of Glade Reservoir on the Poudre River between Overland Trail and I-25. Phase
I of a possible three-phase project describes, at a general level, the potential impacts of NISP's
preferred alternative to Poudre River hydrology, geomorphology, hydraulics, fisheries, and
vegetation. The Phase I Report was provided to the Council in the May 1, 2008, Council packet..
Phase II of this project could include a more detailed and refined assessment of the potential
impacts. Phase III would entail a close reading of the DEIS and assistance to staff by the consultant
May 6, 2008 -3- Item No. 24
to help develop comments to the Army Corps. This report will be posted on the City of Fort Collins
web page as of May 2nd.
Economic Survey -
The City contracted with Dr.Jo Loomi01tiptizenmen f Resource Economics at Colorado
State University to conduct a" e ey of the "financial value"of the
Poudre River to a Fort Collins citizen. A questionnaire survey was sent to approximately 550
households in Fort Collins to determine what a typical citizen would consider paying to maintain
or improve flows in the Poudre River. The survey is consistent with the type of survey instrument
the Army Corps of Engineers uses in Environmental Impact Statements. The results of the survey
were provided to the Council in the May 1, 2008, Council packet.
Water Quality
The Utilities Department has been studying potential impacts to drinking water quality from NISP
for several years, and is continuing a cooperative flow and water quality program with the U.S.
Geological Survey at key points on the Cache la Poudre including the Lincoln Street and Boxelder
gauges as well as at several points upstream from the mouth of the canyon. That extensive USGS
flow and water quality dataset could be used in evaluating the EIS and corresponding potential
impacts of NISP on the Poudre o rt S.Yat
ow measurement sites include
a gauge station on the North Fo of th dre u st and near Joe Wright Reservoir.
In addition, Utilities has establ ed an ensiv c peratioring program with the City of
Greeley and the Tri-District lan st h baater quality data both up and
downstream of the mouth of the canyon as well as Horsetooth, Halligan and Seaman Reservoirs.
These long-term monitoring programs are designed to provide the data necessary to ensure effective
and efficient water supply, treatment operations, and water delivery services to our customers.
In addition, staff has been working to plan its approach for reviewing and responding to the DEIS,
given the magnitude of the DEIS and, consequently, the magnitude of the review project. A staff
team has been meeting regularly for several months, and will be working with Ayres, the City
Attorney's Office and outside legal counsel, and other outside experts as appropriate, to evaluate
the DEIS and expected impacts from NISP, and to prepare draft comments.
A total of approximately$350,000 has already been spent in the past several years from appropriated
funds in the Water Fund (approximately$240,000 for water quality studies and other preliminary
work),the Natural Areas Fund(approximately$77,000 for ecological studies and other preliminary
work), and General Fund (appr el y 0 n eview work). The Ordinance
appropriates an additional $22 00 fr rese s ' th a and to be used together with an
additional $135,000 in Utilitie ds an a ti $50,0 in Natural Areas funds,to pay for
technical analysis and review,p amdio o d dra ments, and outside legal fees in
connection with review of the DEIS for NISP.
ORDINANCE NO. 047, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
FOR REVIEW AND ANALYSIS OF
THE DRAFT ENVIRONMENTAL IMPACT STATEMENT
FOR THE NORTHERN INTEGRATED SUPPLY PROJECT
WHEREAS,the Northern Colorado Water Conservancy District(the"District")has proposed
to construct a large water storage and supply project known as the Northern Integrated Supply
Project("NISP"); and
WHEREAS, in order to move forward with the necessary permitting for NISP, the District
is required to complete an environmental impact review process,conducted in this case by the U.S.
Army Corps of Engineers (the"Corps") as the permitting agency; and
WHEREAS,as part of the review process,the Corps has issued a draft Environmental Impact
Statement ("DEIS") describing a preferred alternative and three other alternative projects, and
analyzing those projects, and the environmental impacts associated with each; and
WHEREAS, the preferred alternative identified in the DEIS involves the construction of a
new reservoir to the northwest of Fort Collins near the mouth of the Cache la Poudre River,together
with development of a project known as the South Platter Water Conservation Project (together
referred to as the "Glade Project"); and
WHEREAS, the City anticipates that the Glade Project may have significant impacts on the
Cache la Poudre River, which flows through Fort Collins and is a focal feature of the City's
Downtown River Corridor Project and other short-term and long-term City plans and projects; and
WHEREAS, the Glade Project may also have significant impacts upon water quality of
concern to the City, including both the quality of the water in the Cache la Poudre River and the
quality of the City's drinking water supply; and
WHEREAS, in order to evaluate and provide comments to the District and the Corps
regarding the impacts the Glade Project is expected to have on the Cache la Poudre River and
surrounding Fort Collins, and on drinking water quality and other matters of concern to the City, it
will be necessary for the City to undertake a thorough and detailed technical analysis of the DEIS
and then develop thoughtful and appropriate comments based upon that analysis; and
WHEREAS, the work involved in analyzing and commenting upon the DEIS will require
substantial technical expertise and assistance; and
WHEREAS, the City has already expended or is in the process of expending approximately
$350,000 for studies and technical assistance related to review of the Glade Project and its impacts,
and the completion of the review will require substantial additional expenditures; and
WHEREAS, the City Manager has requested that the Council appropriate $225,000 from
prior year reserves in the General Fund, to be used for continuation and completion of the City's
analysis and response to the DEIS,together with$135,000 of existing appropriations in the Utilities
funds and$50,000 of existing appropriations in the Natural Areas funds available for that purpose;
and
WHEREAS, the requested amount is available from General Fund prior year reserves; and
WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins permits the City
Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as
may be available from reserves accumulated in prior years,notwithstanding that such reserves were
not previously appropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from General Fund prior year reserves
the sum of TWO HUNDRED AND TWENTY FIVE THOUSAND DOLLARS ($225,000) to be
used for the review and analysis of the DEIS for NISP and preparation of a related response to the
Corps.
Introduced,considered favorably on first reading,and ordered published this 6th day of May,
A.D. 2008, and to be presented for final passage on the 20th da May, A.D. 2008.
May(L) `
ATTEST:
4" . 3 A 'AA
City Clerk
Passed and adopted on final reading on the 20th day of May, A.D. 2008.
Mayor
ATTEST:
City Clerk