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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/01/2009 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE O DATE: December 1, 2009 AGENDA ITEM SUMMARY STAFF: Wanda Krajicek FORT COL • Consideration and Approval of the Minutes of the October 20, 2009 Regular Meeting and the October 27, 2009 Adjourned Meeting. October 20, 2009 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday,October 20,2009, 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, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and Troxell. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Claire Emeldi, Fort Collins resident, stated the occupancy ordinance should not be amended or weakened and enforcement of the occupancy ordinance should be increased. Sally Scrivner, 1236 Constitution, asked Council to strengthen the occupancy ordinance and not to rezone any residential neighborhoods. Rentals should be licensed to enhance enforcement. George Bryan, 309 South Sherwood, stated funding for affordable housing gives a large economic dividend to the city and enables projects to leverage the city funds into large amounts of state and federal funding. He urged Council to increase funding for affordable housing. Paul Anderson, 2107 Constitution, stated the occupancy ordinance promotes a "green" city by decreasing urban sprawl. Carol Kruse, Fort Collins resident, urged Council not to make any changes to the occupancy ordinance and not to rezone any neighborhoods. Stacy Lynne,216 Park Street,thanked staff for the answers to questions she had asked regarding the budget. She did not support the changes to the trash pricing structure because the changes have resulted increased costs to customers. Sally Lee, 932 Pioneer, asked that the occupancy ordinance not be changed and asked for greater enforcement of the ordinance. Properties with four or more unrelated individuals tend to degrade a neighborhood and reducing neighboring home values. Chris Hardy,7420 Triangle Drive,stated his support for the occupancy ordinance because it provides for safer rental housing and improved neighborhoods. The ordinance, in its current form, is accomplishing its intended purpose and should not be changed in any way. 409 October 20, 2009 Michelle Haefele,623 Monte Vista Avenue,stated her neighborhood and other older neighborhoods located around CSU should be protected. The occupancy ordinance should not be revised and residential zoning should not be amended. A licensing system should be developed for rental properties in the city. Shaun Reed, 1700 Heritage Circle,ASCSU Assistant Director of Community Affairs,asked Council to consider the proposal from ASCSU regarding the occupancy ordinance. The ASCSU proposal requests an increase of number of occupants per resident to four people, expansion of the time for correction of violations, and expansion of the choices for extra-occupancy for rentals. Carrie Gillis, 2213 Timber Creek Drive, encouraged Council to leave the occupancy ordinance unchanged because it is accomplishing its intent. Michael Devereaux, 2150 Maid Marian Court, stated the groups P-TAG and Barrier Busters are willing to assist the City's education efforts regarding wheelchairs in bike lanes. Greg McMaster, 1409 Skyline Drive, stated licensing of rental properties is a missing component of the occupancy ordinance and should be enacted to allow for better enforcement and better education of rental property owners. Chip Parrish, Fort Collins resident, urged Council not to change the occupancy ordinance. Kevin Nolan, 1318 Clementine Court, supported the occupancy ordinance as it is currently written. The number of occupants in a residence should not be increased. Doug Brobst, 1625 Independence Road,stated the occupancy ordinance should be strengthened with the addition of licensing of rental property. Pete Seale, 1837 Scarborough Drive, urged Council to leave the occupancy ordinance as it is currently written because allowing more people per residence or more boarding houses will not benefit the neighborhoods. Rental properties should be licensed with the City. Eric Kronwall, 1613 Barnwood Drive, supported the occupancy ordinance because it is achieving its intended result. Neighborhoods are more livable with the enforcement of the occupancy ordinance. The disclosure requirements regarding occupancy limits should be strictly enforced. The disclosure form should require notarization. Rental licensing is not necessary and hurts the law- abiding landlords and tenants. Donna Fairbank, 1712 Clearview Court, supported the occupancy ordinance and she urged Council not to adopt any changes to the ordinance. Al Bacilli, 520 Galaxy Court, thanked Council for eliminating vender fees. 410 October 20, 2009 Citizen Participation Follow-up Councilmember Roy asked if the streetlights on Constitution and the gate for the New Mercer Ditch have been repaired yet. Councilmember Ohlson asked staff to respond to Mr. Devereaux regarding education of wheelchair users in bike lanes. City Manager Atteberry stated staff will respond to Mr. Devereaux. Agenda Review City Manager Atteberry stated there was one changes to the published agenda. City Attorney Roy stated Item #10, Second Reading of Ordinance No. 089, 2009, Amending Section 805 of the Fort Collins Traffic Code Related to Pedestrians Walking or Traveling in a Wheelchair on a Highway has the phrase"or travel"added to Sec. 805(1)(b)to make the section consistent with the rest of the ordinance. Eric Sutherland, 631 LaPorte, pulled Item #15 First Reading of 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, Item 919 First Reading of Ordinance No. 110, 2009, Authorizing the Conveyance of a Utility Easement on a Portion of the Lorimer County Landfill to Poudre Valley Rural Electric Association, Inc. and Item 921 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. CONSENT CALENDAR CONSENT NON-BUDGET ITEMS 6. Second Reading of Ordinance No. 094. 2009, Appropriating Unanticipated Revenue in the General Fund for Replacing Radio Network Equipment. This Ordinance, unanimously adopted on First Reading on October 6, 2009, appropriates funds received for a joint grant awarded by the U.S. Department of Justice, Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) Recover Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program, in the amount of$444,818. This joint grant was awarded on behalf of the City of Fort Collins, the City of Loveland and Larimer County. Cooperatively, an agreement was reached to utilize these grant funds for the replacement of aging radio network components. 7. Second Reading of Ordinance No. 095, 2009, Amending Ordinance No. 136 2007 Assessing the Cost of Improvements in the Timberline and Prospect Special Improvement District No. 94. The Timberline and Prospect Special Improvement District No. 94 (SID No. 94) made improvements to the Timberline and Prospect intersection that were necessary for 411 October 20, 2009 development in the area to proceed. A certain property owner was inadvertently assessed. This property owner has two parcels which, upon development, will contribute traffic impacts into the Timberline and Prospect intersection. However,at this time,the parcels are just outside City limits. This Ordinance, unanimously adopted on First Reading on October 6, 2009, amends the original assessing ordinance to remove these two parcels. 8. Second Reading of Ordinance No. 096, 2009, Appropriating Unanticipated Grant Revenue In the Capital Projects Fund for the East Harmony Road Bridge Replacement Project. This Ordinance, unanimously adopted on First Reading on October 6, 2009, appropriates funds received from the Colorado Department of Transportation for the replacement of the East Harmony Road Bridge. 9. Second Reading of Ordinance No. 097, 2009, Amending Various Provisions of the Fort Collins Traffic Code. The Colorado General Assembly amended certain statutory provisions this legislative session relating to state traffic laws. This Ordinance,unanimously adopted on First Reading October 6, 2009, ensures that the Traffic Code is consistent with state traffic laws. 10. Second Reading of Ordinance No. 098, 2009, Amending Section 805 of the Fort Collins Traffic Code Related to Pedestrians Walking or Traveling in a Wheelchair on a Highway. This Ordinance,unanimously adopted on First Reading on October 6,2009,changes the Fort Collins Traffic Code to allow pedestrians, including wheelchair users, to legally travel in a bike lane or on a road shoulder if an adjacent sidewalk is in a condition that substantially interferes with the mode of travel used by the pedestrian. 11. First Reading of Ordinance No 101 2009 Appropriating Unanticipated Revenue in the Cultural Services Fund to be Used for the Construction of the New Museum/Discovery Science Center Joint Facility. The City received a donation of$88,966 from the Isabelle (Judy) Arnold Trust designated for the Fort Collins Museum. This Ordinance appropriates that donation in the Building on Basics (BOB) Fort Collins Museum/Discovery Science Center Joint Facility Project. 12. First Reading of Ordinance No 102 2009 Appropriating Unanticipated Revenue from the American Recovery and Reinvestment Act to the Transit Fund The City of Fort Collins has received American Recovery and Investment Act of 2009 (ARRA)stimulus funding to purchase six NABI 40-foot Low Floor Compressed Natural Gas (CNG) replacement buses and several Proximity Card Readers in 2009. The buses will replace the oldest model vehicles and are a timely addition to an aging fleet. The addition will increase the CNG fleet component to 10 buses (37%) in an era when sustainability is a 412 October 20, 2009 priority. ARRA stimulus funding was also received to purchase Proximity Card Readers for the current fleet of vehicles to facilitate the use of CSU student IDs as legitimate fare media. 13. First Reading of Ordinance No. 103, 2009, Appropriating Unanticipated Grant Revenue From the Office of the National Drug Control Policy and the U.S. Department of Justice in the General Fund for the Northern Colorado Drug Task Force. The City has received three grants for the Northern Colorado Drug Task Force. The first is from the Office of National Drug Control Policy for January 1-December 31, 2010, in the amount of$84,124. The second is from the Office of National Drug Control Policy in the amount of $24,703. The third is from the U.S. Department of Justice in the amount of $108,275 for fiscal year 2009. There is no financial impact to the City of Fort Collins and there are no matching funds required for these grants. 14. First Reading of Ordinance No. 104, 2009,Appropriating Unanticipated Grant Revenues in the General Fund for Police Services and for the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. A grant in the amount of$30,000 has been received from the Colorado Division of Criminal Justice (DCJ) for salaries associated with the continued operation of Restorative Justice Services. A $3,333 cash match is required and will be met by appropriating funds from the Police Services operating budget. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the young offender, the victim/victim representative and members of the community to determine the harm done by the crime,and what should be done to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. Restorative Justice Services includes The RESTORE Program for shoplifting offenses, and Restorative Justice Conferencing Program (RJCP) for all other offenses. 15. First Reading of 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. 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 appropriated for unanticipated operation expenses from reserves that are set aside for that purpose. This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds,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 413 October 20, 2009 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. 16. First Reading of Ordinance No. 106, 2009, Amending Section 25-1230 of the City Code Relating to the Vendor Fee for Collecting and Remitting Sales Tax. This ordinance will eliminate the City's current vendor fee for sales and use tax licensees. The proposed modification will result in $300,000 of ongoing additional revenue being available for General Fund uses. This change will not increase taxes or fees charged, but rather eliminate the amount of City sales and use taxes that vendors are allowed to retain in exchange for the service they provide in collecting City taxes. Currently, vendors are allowed to retain 1%of sales and use taxes collected,up to a maximum of$45 per reporting period. 17. First Reading of Ordinance No. 108,2009 Amending Chapter 14 of the City Code Relating to the Landmark Rehabilitation Loan Pro ram. This Ordinance amends the Landmark Rehabilitation Loan Program to increase the loan funding amounts from a maximum of$5,000 to a maximum of$7,500. It also removes provisions related to the application review schedule to allow for a more flexible, semi- annual competitive application review process. 18. First Reading of Ordinance No. 109,2009 Authorizing the Conveyance of a Non-Exclusive Drainage Easement on the Gustav Swanson Natural Area to Urban Development Partners LLC. Urban Development Partners, LLC (the "Developer") is proposing to build an industrial/office development which is commonly known as the Inverness Innovation Park (the"Project"),located on East Vine Drive and north of the City's Gustav Swanson Natural Area (the "Natural Area"). The storm drainage in this area has historically flowed to the Cache La Poudre River. In the spring of 2009, the Developer requested a small drainage easement and .access easement on the Natural Area to construct the stormwater improvements needed for the Project. On April 21, 2009, Council adopted Ordinance No. 031, 2009, authorizing these easements. In that Ordinance; the City reserved the right to require additional storm water management improvements if further review of the Development indicated additional storm water improvements were necessary. As the Project has moved through the City approval process, the need for an additional drainage easement across the Natural Area has been identified. As recommended by staff,the Developer is now 414 October 20, 2009 requesting a drainage easement across the Natural Area to allow for stormwater flows in case of storm events larger than a 100-year flood event. 19. First Reading of Ordinance No. 110, 2009, Authorizing the Conveyance of a Utility Easement on a Portion of the Larimer County Landfill to Poudre Valley Rural Electric Association, Inc. Larimer County has been working for a few years on a project to reduce its carbon emissions from the Landfill. Larimer County has developed a cooperative partnership with Timberline Energy, LLC ("Timberline") to recover landfill gas. Last year, these parties entered into a Landfill Gas Purchase Agreement. Under this Agreement, Timberline will install (at its expense)a landfill gas recovery system. Timberline will then sell the recovered methane gas and carbon credits to a commercial energy user. Larimer County will receive a complete landfill gas recovery system at no cost to Landfill customers and will also receive a small amount of monthly revenue and a small percentage of the credit and gas sales. This revenue will be directly reinvested into the solid waste program at the Landfill. In order to construct the gas recovery facility and operate the gas recovery system, Timberline needs electrical power to the site. Timberline is getting its electrical service from REA. REA has requested a utility easement to lay the electrical line underground to the facility. 20. Resolution 2009-097 Authorizing the City Manager to Enter into an Intergovernmental Agreement for Emergency Management of Disasters Related to Broad Ranging Public Health Emergency Incidents. The City has a number of intergovernmental agreements with surrounding jurisdictions in order to enable effective response to and recovery from a wide range of disaster emergencies. This Resolution authorizes the City Manager to enter into an intergovernmental agreement between the City, Larimer County, Poudre Valley Health District and City of Loveland to provide for a joint response to a large scale public health emergency. 21. Resolution 2009-098 Concerning Implementation of Standards Created by Amendments to the Public Utilitv Regulatory Policies Act of 1978 and Contained in the Energy Independence and Security Act of 2007. 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 415 October 20, 2009 whether or not to implement the standards. The utility may 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. 22. Routine Deed. Quit claim deed from�Kem Homes, Inc., for street purposes, located on Rule Drive, west of South Lemay Avenue. Monetary consideration: $0. CONSENT BUDGET ITEM 23. First Reading of Ordinance No 111 2009 Appropriating Downtown Development Authority Operating Funds, Debt Service Funds and Fixing the Mill Levy for Fiscal Year 2010. This Ordinance adopts the 2010 Budget for the Downtown Development Authority (DDA) and sets the amount of$7,577,054 to be appropriated for fiscal year 2010. This Ordinance also sets the 2010 mill levy for the Downtown Development Authority at five mills, unchanged since 2002. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 6. Second Reading of Ordinance No. 094, 2009, Appropriating Unanticipated Revenue in the General Fund for Replacing Radio Network Equipment. 7. Second Reading of Ordinance No. 095, 2009, Amending Ordinance No. 136, 2007, Assessing the Cost of Improvements in the Timberline and Prospect Special Improvement District No. 94. 8. Second Reading of Ordinance No. 096, 2009, Appropriating Unanticipated Grant Revenue In the Capital Projects Fund for the East Harmony Road Bridge Replacement Project. 9. Second Reading of Ordinance No. 097, 2009, Amending Various Provisions of the Fort Collins Traffic Code. 10. Second Reading of Ordinance No. 098, 2009, Amending Section 805 of the Fort Collins Traffic Code Related to Pedestrians Walking or Traveling in a Wheelchair on a Highway. 416 October 20, 2009 Ordinances on First Reading were read by title by City Clerk Krajicek. 11. First Reading of Ordinance No. 101, 2009, Appropriating Unanticipated Revenue in the Cultural Services Fund to be Used for the Construction of the New Museum/Discovery Science Center Joint Facility. 12. First Reading of Ordinance No. 102, 2009, Appropriating Unanticipated Revenue from the American Recovery and Reinvestment Act to the Transit Fund. 13. First Reading of Ordinance No. 103, 2009, Appropriating Unanticipated Grant Revenue From the Office of the National Drug Control Policy and the U.S. Department of Justice in the General Fund for the Northern Colorado Drug Task Force. 14. First Reading of Ordinance No. 104, 2009,Appropriating Unanticipated Grant Revenues in the General Fund for Police Services and for the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. 15. First Reading of 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. 16. First Reading of Ordinance No. 106, 2009, Amending Section 25-123(c) of the City Code Relating to the Vendor Fee for Collecting and Remitting Sales Tax. 17. First Reading of Ordinance No. 108,2009,Amending Chapter 14 of the City Code Relating to the Landmark Rehabilitation Loan Program. 18. First Reading of Ordinance No. 109,2009,Authorizing the Conveyance of a Non-Exclusive Drainage Easement on the Gustav Swanson Natural Area to Urban Development Partners, LLC. 19. First Reading of Ordinance No. 110, 2009, Authorizing the Conveyance of a Utility Easement on a Portion of the Larimer County Landfill to Poudre Valley Rural Electric Association, Inc. 23. First Reading of Ordinance No. 111, 2009, Appropriating Downtown Development Authority Operating Funds, Debt Service Funds and Fixing the Mill Levy for Fiscal Year 2010. 27. First Reading of Ordinance No. 112, 2009, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2010 and Adopting the Budget for the Fiscal Years Beginning January 1, 2010 and Ending December 31, 2011, and Fixing the Mill Levy for Fiscal Year 2010. 417 0 October 20, 2009 28. Items Relating to Utility Rates and Charges for 2010. A. First Reading of Ordinance No. 113, 2009, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Rates and Charges for Water. B. First Reading of Ordinance No. 114, 2009 Amending Chapter 26 of the City Code Relating to Wastewater Rates and Charges. C. First Reading of Ordinance No. H 5, 2009 Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. D. First Reading of Ordinance No. 116, 2009, Amending Chapter 26 of the City Code to Revise Water Plant Investment Fees. E. First Reading of Ordinance No. 117, 2009, Amending Chapter 26 of the City Code to Revise Sewer Plant Investment Fees. F. First Reading of Ordinance No. 118, 2009, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. G. First Reading of Ordinance No. 119, 2009, Amending Chapter 26 of the City Code to Revise Stormwater Plant Investment Fees. 29. Items Relating to the Riverwalk Annexation and Zoning. 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. Councilmember Manvel made a motion,seconded by Councilmember Poppaw,to adopt and approve all items not withdrawn from the Consent Calendar, including the revision to Item #10. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Staff Reports Mayor Hutchinson presented City Manager Atteberry with the International City Managers Association Center for Performance Management's Certificate of Distinction. City Manager Atteberry noted the Street Department has been selected as a 2009 Bronze level member of the Colorado Environmental Leadership Program. 418 October 20, 2009 City Manager Atteberry stated Mike Freeman, Chief Financial Officer, was recently selected as a member of the Creative Economy Panel, a statewide effort to promote the retention and growth of creative companies in Colorado. Kelly DiMartino, Communication and Public Involvement Director, stated the Brewfest event will be significantly changed for next year: A stake holder group of downtown business owners, local brewery representatives, Downtown Business Association (DBA) board members and Police Services met several times to develop a new strategy for Brewfest that will allow the event to continue and reflect positively on downtown. David Short, DBA Executive Director, stated the changes to the Brewfest event will focus on creating a beer-tasting event and not a drinking event. The event will be a ticketed, gated event to control capacity and all the alcohol at the event will be controlled by the DBA and professionally trained servers. Sample size will be limited to four ounces. The food and entertainment will be upgraded to get a more local flare. Education will be incorporated into the event..Di Martino stated Brewfest will not be held in Old Town Square but the location has not yet been determined. The first choice is Civic Center Park because it can be completely gated to control access. Ordinance No.112, 2009, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2010; Adopting the Budget for the Fiscal Years Beginning January 1, 2010, and Ending December 31,2011; and Fixing the Mill Levy for Fiscal Year 2010, Adopted on First Reading The following is staffs memorandum for this item. "FINANCIAL IMPACT This Ordinance represents the annual appropriation for fiscal year 2010, and adopts the total City budget for fiscal year 2010 at $508.6 million and for,fiscal year 2011 at $507.3 million. This Ordinance also sets the City mill levy at 9.797 mills, unchanged since 1991,for fiscal year 2010. EXECUTIVE SUMMARY The Annual Appropriation Ordinance is presented for First Reading. This Ordinance sets the City Budget for the two-year period of 2010-2011. The approved budget becomes the City's Council financial plan for the next two fiscal years. BACKGROUND This biennial budget represents the work of many dedicated individuals who came together to participate in the budget process. Since 2005, the City has used the Budgetingfor Outcomes(BFO). process. BFO has a number ofadvantages over traditional budgeting approaches;the BFOprocess helps the City meet several important goals, including: 419 October 20, 2009 • Create clarity about the overall budget process for the community; • Allocate revenues to the highest priorities and outcomes citizens want and need; • Understand the choices for funding programs and services; and • Emphasize staff accountability, efficiency, innovation and partnership. Using this approach, City Council and staff worked in close collaboration over the past two months to build a financial plan, based on revenue available, that will achieve service outcomes which matter most to our citizens and community. This work has resulted in the development of the Final 2010-2011 Budget. The approval of the Appropriation Ordinance on First Reading represents a major milestone in this process. As the budget development process began in April 2009, City Council and staff met on several occasions to outline goals and assumptions for developing the recommended budget. Council was actively engaged in the development and approval of the seven Key Outcomes that have shaped this budget. Fort Collins has a healthy, sustainable Economic Health economy reflecting the values of our unique community in a changing world. Environmental Health Fort Collins promotes,protects and enhances a healthy and sustainable environment. Safe Community Fort Collins provides a safe place to live, work, learn and play. Neighborhood Livability Fort Collins fosters and supports a variety of quality neighborhoods. Cultural and Recreational Opportunities Fort Collins encourages and provides diverse cultural and recreational opportunities. Transportation Fort Collins provides for safe and reliable multi-modal travel to,from, and throughout the City. High Performing Government Fort Collins exemplifies an efficient, innovative, transparent, effective and collaborative city government. Budget Highlights The 2010-11 Final Budget is a financial and service plan linked to the seven key outcomes and results that matter most to Fort Collins citizens. Some key highlights of the City Budget include: 1. The total budget for all City funds for 2010 is$508.6 million and$507.3 million for 2009. 420 October 20, 2009 2. The budget includes no tax increase. 3. Sales and Use tax revenue accounts for approximately »percent of the General Fund revenue collected annually. This tax.revenue is projected to increase by I% in 2010 with a slightly larger increase in 2011 of 2%. 4. The projected Utility rate increases for 2010 to fund operations and maintain minimum reserves are Wastewater a 10% increase; Electric a 9.5% increase; Water a 3% increase; and, Stormwater no increase. 5. The budget will reduce classified, unclassified, and contractual Chystaffbya total of 10.20 full time equivalent positions. The estimated reduction in hourly staff is 12.45 full time equivalent positions. Budget Assumptions TotahBudg6t'- (ln Millions) i 1 .,..� }. 4669 2010 %.Chan' e° 2011= '`y. % Chan a `' Operating $460.3 $429.9 -6.6% $442.3 2.9%1 Debt $27.4 $21.0 -23.4% $20.3 -3.3%o Capital $84.8 $57.7 -32.0% $44.7 -22.5%1 otal City Appropriations 572.5 $508.6 11.2% 507.3' =0.3° ss Inte Lernal Service Funds -$62.6 -$58.1 -7.2% -$58.9 1.49c Less Transfers to Other Funds -$114.6 -$99.4 -13.3% - 99.2 -0.29 Let City Budget $395.3 $351.1 41.2° 349 2 - .5° Some of the key assumptions used in developing the Final Budget include: 1. Limited revenue growth for 2010 and 201.1 Despite the collective signs of impending recovery, the turbulent economic conditions of 2009 will likely persist into 2010. Most experts agree that the recovery will occur gradually with sectors of the economy enduring a lasting reduction in output and employment. The 2010-2011 Budget, therefore, employs conservative assumptions of growth that reflect a cautiously-optimistic outlook for the next two years. 421 October 20, 2009 2. Use of reserves Approximately$2.5 million in General Fund reserves was used to balance the 2010 budget and$1.0 million in the 2011 Budget. Reserves are used primarily for one-time projects. At its October 13 Work Session, Council gave stcffdirection to include an additional amount ofresources from General Fund reserves in the Appropriation Ordinance being considered on First Reading. By using approximately$200,000 in additional reserves, the balance in the General Fund reserve accounts would remain above the recommended level of 60 days Reserve (16.67% of General Fund expenditures). 3. Public Safety needs, Economic Health and Environmental Health issues are funding priorities This budget focuses on the City Council and community priorities. In spite of limited revenue, this budget maintains.funding levels for Police and Fire Services. It also maintains funding and provides additional staff resources (through the partnership between Natural Areas and Utilities) for key environmental programs such as the Climate Action Plan implementation, Climate Wise, and Utilities ofthe 21stCentury. Economic Healthprograms are also maintained including supportfor economic clusters, support ofthe Rocky Mountain Innovation Initiative, andthe nextphase ofthe "one-stop shop",for Community Development and Neighborhood Services. 4. Employee salary adjustments No merit-based pay increases are budgeted for City employees in 2010. Adjustments to the City Manager's Recommended Budget City Council held its last budget work session on October 13, 2009. At the work session, Council provided input and direction on budget items that fell into three categories: 1. Items now included in the budget 2. An item included in the budget needing further discussion 3. Items discussed but are not in the budget 422 October 20, 2009 ITEMS INCLUDED IN THE BUDGET RESULT AREA OFFER TITLE a � I ENVIRONMENTAL HEALTH 179.4 SOLID WASTE REDUCTION AND RECYCLING: $55,000 WASTE STREAM SYSTEM STUDY (funded through General Fund landfill tipping fees one time) ENVIRONMENTAL HEALTH StopRESTORATION & REDUCTION $13,000 IN AIR QUALITY PROGRAM* Doing (fundeded by savings from Quiet Zone study List _onetime) NEIGHBORHOOD LIVABILITY 115.1 REINSTATE CODE ENFORCEMENT POSITION* $67,000 (funded by savings from Quiet Zone study—one time) NEIGHBORHOOD LIVABILITY 115.6 HOURLY CODE ENFORCEMENT I $14,000 SAFE COMMUNITY 196.1 NEIGHBORHOOD TRAFFIC MITIGATION $100,000 (funded through General Fund—one time) TRANSPORTATION 24.2 LIQUID DE-ICER** $25,000 (fund through General Fund reserves—one time) TRANSPORTATION 156.2 DIAL-A-RIDE PARATRANSIT ENHANCEMENT $112,019 (funded through General Fund reserves—one time? GENERAL i TOTAL $372,019 ENVIRONMENTAL HEALTH 179.6 PILOT HOUSEHOLD HAZARDOUS WASTE ROUNDUP $60,000 - 2 Times Per Year (funded through Stormwater—one time) TRANSPORTATION 24.4 NEIGHBORHOOD STREET SWEEPING $100,000 -4 Times Per Year (funded through Stormwater—ongoing) �TORMWATER FUND TOTALi i0i TRANSPORTATION 156.3 DIAL-A-RIDE PARATRANSIT NIGHT SERVICE $43,751 (funded through Transfort technology deferral —one time) TRANSPORTATIONFUND TOTAL *The quiet =one rail study offer was originally funded in the City Manager's recommended budget. Staff is recommending that those funds be used instead to reinstate the Code Enforcement positions and restore cuts from the air quality program. **The liquid de-icer offer is fidly funded. .The budget includes the incremental$25,000 that will be combined with S80,000 already budgeted for ice control materials for a total of S105,000. 423 October 20, 2009 Staff is seeking confirmation that City Council wishes to fund these items. ITEM INCLUDED IN THE BUDGET NEEDING FURTHER DISCUSSION OFFERRESULT AREA SAFE C0MMUNITY 739.,] ADVANCED METERING INFRASTRUCTURE � $10,139,500 Throughout the budget deliberation process, there have been concerns expressed about the timing offending the Advanced Metering Infrastructure(AMI)project, given the rate impact of 2%needed to fund it. While there have been concerns expressed about the AMI program, there have also been discussions about how this effort is linked with the Climate Action Plan and is a significant strategy for assisting in carbon reduction. Staff is prepared to discuss this program in more detail during the City Council deliberation on the budget. Ultimately, stuff is.seeking direction on whether or not City Council supports funding the AMI program in 2010. Other Items Considered by City Council at its October 13, 2009 Work Session Additionally, several Councilmembers expr•e ssed a desire for.further discussion about the following items: 1. Historic Preservation Planner Position In order to minimize the impact of reducing one Historic Preservation planner, staff has identified the following methods to help backfill the loss: • Train existing staffplanners on the more routine questions • Devote .2fte of a planning tech to perform research and administrative functions • Look at reducing the LPC meetings from 2 per month to 1 per month Additionally, staff is concluding a Historic Preservation Process Improvement Study that is scheduled for the October 27, 2009 City Council Work Session. Some of the recommendations in this study include process improvements that will produce efficiencies and assist in freeing up time. 2. Crossroads Safehouse City Council provided direction to the City Manager to continue to seekfunding alternatives for this critical community service in lieu of including,funds within the budget. 3. Affordable Housing Program At an average subsidy of between S7,500 and SI0,000 per unit, the loss of 5200,000 in the City's Affordable Housing Fund means a loss of the ability to help build/rehab between 20 to 27 affordable 424 October 20, 2009 housing units. Affordable Housing Fund dollars also help leverage additional financial resources at ratios that range from 8:1 to 76:1, depending upon the type of project. 4. Railroad Quiet Zone Study The City Manager's recommended budget included$'100,000 to conduct a quiet zone study from Laurel Street to the southernmost boundary of the City. This offer was subsequently not funded so that Code enforcement positions could reinstated and funds reduced for the air quality program could be reinstated. Conclusion The 2010-2011 Final Budget is a sound financial plan to deliver the services we believe our citizens value most. Due to limited resources, it does not, however,fully meet the demand for services that citizens need and expect. However, the Budgetingfor Outcomes process has enabled us to focus and apply the resources available to key community outcomes. Citizens will receive excellent value for their tax dollars. Anyfinal amendments agreed to by Council will be included in the second(andfrnal)reading ofthe budget ordinance on November 3, 2009. By Charter, the Budget must be adopted and appropriations for the 2010 fiscal year must be approved by November 30. " City Manager Atteberry stated budget reductions for Fort Collins began in 2000 and 2001. Internet sales began to rise which meant a decrease in sales tax revenue for the City. Regional retail competition has increased dramatically in the past nine years which has also decreased the City's sales tax revenue. A significant number of jobs related to technology have been lost in recent years. The City made across-the-board budget cuts in the early 2000s. The Budgeting for Outcomes(BFO) tool was first used for the 2006-2007 budget. Greater transparency in City finances and City operations occurred with performance measurements and benchmarking against other cities. Through the BFO process, deep and narrow cuts were made to the budget instead of broad across- the-board budget cuts. The 2006-2007 budget contained 14 pages of "stop-doing" items; $7.2 million in spending was reduced and 106 positions eliminated with 77 employees laid off from their positions. Economic health was an area deliberately targeted with the creation of a new economic vision, certain industries were targeted and new retail projects were pursued. A second economic downturn occurred in 2008 with significant reduction in sales and use tax and development related revenues. In 2009, spending was reduced by$8 million and 36.2 positions were eliminated with 4.2 employees laid off. The proposed 2010-2011 budget is very conservative,assumes economic conditions will not worsen and that there will be only marginal increases in economic activity. The budget reflects feedback from the community and Council input. Police and fire services are kept at current funding levels. Environmental programs are receiving new funding because they are a priority for Council and the community. Current funding levels are maintained for economic health. Programs are funded that continue to focus on improving traffic flow and traffic congestion. The Mason Corridor BRT Project continues to be funded and will be under construction in the next two years. Reorganizations within 425 October 20, 2009 various City departments will lead to greater efficiencies. The cuts made in 2009 are continued in the 2010-2011 budget. The pavement management program has $2 million removed from the program. Recreation and parks has significant reductions, and replacement of City vehicles, computers and building maintenance has been delayed. Employees will not receive any merit-based pay increases and 22.65 full-time positions have been eliminated. No tax increases are proposed in this budget. Increased utility rates are proposed with the impact to an average household of approximately $10 per month. The proposed budget includes a solid waste reduction and recycling wastestream study, to be funded with one-time funds. City . departments will be charged a tipping fee to send waste to the landfill and some of those revenues will be used to pay for the $55,000 study. Restoration of an air quality program is proposed to be funded by savings gained through not funding Phase Two of the Railroad Quiet Zone Study. A pilot household hazardous waste round-up event to be held twice a year will be funded with one-time funds through stormwater funds. The code enforcement position and a seasonal hourly, code enforcement position will be reinstated and funded through one-time funds. Funding of$100,000 for neighborhood traffic mitigation efforts has been added back into the budget to be funded through one-time reserve funds. The funding for liquid deicer has been reduced significantly to $25,000 and is recommended to be funded through one-time funds. At Council's request,neighborhood street sweeping will be increased to four times per year,to be funded through stormwater funds. Dial-a-Ride enhancements and night service have been reinstated in the budget through one-time reserves and by deferring one-time Transfort technology improvements. Ben Blonder, 6308 South Lunar Court,co-chair of the Affordable Housing Board, stated affordable housing is a critical component of economic health and sustainability of Fort Collins. The Board requested additional funding of$200,000 for affordable housing because more affordable units are needed in Fort Collins. Funds invested in affordable,housing can be leveraged to greatly increase the amount of funds available. Mariya Weeden-Osborn,3219 Sharps Street,United Way Pathways Past Poverty Coordinator,urged Council to increase funding for affordable housing and not raise utility rates. Carl Bruning, 1908 Greengate Drive, stated the camera radar system is too expensive and should be discontinued. Lauren Wylie,Matthews House and the Affordable Housing Coalition ofLarimer County,requested increased funding for affordable housing. The mission of the Matthews House is to support youth in transition who are emancipating from the Department of Human Services,on parole or are trying to live independently with no family support and more affordable housing is critical to the success of this population to become self-supporting adults. Leslie Paris, 1145 Wabash, Crossroads Safehouse Board member, asked for more funding for Crossroads Safehouse to assist families in need in the area. 426 October 20, 2009 Joe Valente, Fort Collins resident, Crossroads Safehouse Board member, urged Council to assist Crossroads Safehouse because Crossroads is a first line responder in providing support,services,and a safe environment for women and children who are victims of violence. Increased funding will enable Crossroads to refurbish an older nursing home donated by Columbine Nursing Care Systems. This facility would provide for services for more than three times the current number of clients. Bill Locklear, 7925 Golden Prairie Court, Crossroads Safehouse Board member, requested funding for Crossroads Safehouse to enable the Safehouse to assist many victims of violence that it currently must turn away due to lack of space in its facility. Phil Friedman, 201 South Grant Avenue, asked Council to find the expansion of the Climatewise Program and to increase recycling efforts to enable the city to meet its 2012 and 2020 greenhouse gas reduction goals. Joe Rowan, 621 Gilgalad Way, Funding Partners Executive Director, stated any increase in utility rates will adversely affect lower income groups. Stacy Lynne, 216 Park Street, stated $4, 445,000 has been included in the 2010 budget for rebates on energy efficient products and services that are not scientifically proven to be energy efficient. Funding should not be provided for art projects because are is not government business. The funds budgeted for City employee food-related expenses should be allotted elsewhere. Kevin Cross, 300 Peterson, Fort Collins Sustainability Group, stated the 2010 budget should be changed to include funding for additional staff for the Climatewise Program and a new planner for the solid waste reduction and recycling program. The Climatewise Program and increased recycling are the two largest contributors to meeting the City's 2012 and 2020 greenhouse gas emission reductions target. Shane Miller,4325 Mill Creek,asked Council to review the long-term costs of not fully funding the pavement management program. Vivian Armendariz, 820 Merganser, thanked Council and the City Manager for reinstating the funding for Dial-A-Ride. She supported funding for Crossroads Safehouse as long as Larimer County also contributes. Meals for board and commission members should be provided. Cheryl Distaso, 135 South Sunset, urged Council to fund affordable housing, the Climatewise Program and Crossroads Safehouse. Funding should be moved from Police Services and downtown landscaping to fund these programs. Eric Sutherland, 631 LaPorte, asked that the budget for the General Fund be separated from the Utilities budget. Councilmember Roy asked for clarification of funding for the Climatewise Program and staff for recycling programs. City Manager Atteberry stated the base level of funding for Climatewise is included in the budget. Patty Bigner, Utilities Customer Relations Manager, stated one.employee 427 October 20, 2009 position will now devote half-time to the Climatewise Program. Existing utility staff will undertake more administrative support of Climatewise. Utilities is developing an energy assessment program that will take the responsibilities of assessment currently assigned to Climatewise. These changes will fund the budget enhancement offers for the Climatewise Program. John Stokes, Director of Natural Resources, stated one enhancement offer was designed to fund additional staff for the solid waste program and the sustainability program but the offer was not accepted. Two half-time positions would have become two full-time positions for the community solid waste program and a sustainability coordinator for the City's internal sustainability program. Councilmember Troxell asked if the one-time use of funds will be for one or two years. City Manager Atteberry stated the one-time funds will be for one year. Staff has proposed to change the budget cycle so that the next two-year cycle will be 2011-2012 so the budget Council is currently considering is primarily for 2010, with a few limited exceptions such as street sweeping. Councilmember Troxell asked for more information on the Railroad Quiet Zone Study that will not be funded. City Manager Atteberry stated a Quiet Zone Study, funded by the Downtown Development Authority, has been completed in the downtown area. Phase Two of the Quiet Zone Study would have been from Laurel Street south to the South Transit Center. Staff will search for federal funds to fund this study. Funding for this study will be considered at a later date. Councilmember Ohlson asked what current resources are being used to promote construction recycling,commercial recycling and multi-family recycling and if any staff support for recycling has been reduced. Stokes stated no reductions in staff support for recycling have occurred in 2008 or 2009. New construction of multi-family housing is required.to provide space for recycling but no other requirements are currently in place to require commercial or construction recycling. Currently, 1.5 staff positions support recycling programs. Councilmember Ohlson asked for clarification on the amount of funding proposed for rebates for energy efficient appliances. Bigner stated historically, Utilities has allowed $85,000 for appliance rebates and the 2010 budget has $328,000 for rebates. The total budget for rebates is $1.65 million for appliances, lighting, home efficiency and weatherization, and small and large commercial improvements. The funding is completely from City funds. The 2010 budget also includes $1 million from Platte River to help fund improved efficiencies with the large industrial customers. The rebate program is designed to reduce the city's energy demand,which reduces the carbon footprint. Councilmember Ohlson asked for the amount spent on flowers for the downtown area and a clarification of Art in Public Places dedicated funding. Marty Heffernan,Director of Culture,Parks, Recreation and Environment,stated the cost of landscaping the downtown area is$90,000. The City has a partnership with the Downtown Development Authority (DDA) that allows the DDA to provide flowers and maintenance in Old Town Square. The DDA contributes $114,000 for those flowers and maintenance of Old Town Square. The DDA spent about $100,000 on flower pots, equipment and other one-time costs associated with the landscaping of the downtown area. City Manager Atteberry stated Funding for Art in Public Places is derived from City capital projects with 1% is set aside for art projects. The art project is chosen by a citizen board and Council approves each project. The funds are designated for art and cannot be diverted for another purpose. 428 October 20, 2009 Councilmember Ohlson asked for an update on the efforts to provide funding for Crossroads Safehouse. City Manager Atteberry stated the request from Crossroads Safehouse for$500,000 did not go through the BFO process. The City owns the current facility occupied by Crossroads and has looked into the possibility of selling the current facility and making the proceeds of the sale available for investment into the new Crossroads facility. He will meet with the Loveland City Manager, the town managers of Windsor and Estes Park and the County Manager to discuss their financial participation in this critical program that benefits the region. Diane Jones, Deputy City Manager, stated the facility occupied by Crossroads Safehouse was purchased with CDBG funds,which places conditions on any sale of the property. The City will be required to repay the CDBG funds upon sale of the property. The building will be required to be used for a purpose that meets a CDBG national objective for ten years after the sale. Staff is reviewing other options, such as utilizing funds from the spring or fall competitive process for CDBG funds. Council policy currently sets the priority for those funds on affordable housing. Some of the CDBG funds can be used for public facilities. Council action would be necessary to reprioritize the CDBG funds. . Councilmember Manvel asked why the CDBG funds used to purchase the Crossroads facility cannot be transferred to another facility for the same use. Deputy City Manager Jones stated staff is pursuing the possibility of a transfer of funds but has not received any exception to the requirement that the CDBG funds be repaid if the current facility is sold. Councilmember Manvel asked for more information about the use of affordable housing funds and the ability to leverage those funds into many times the amount of funding the City could provide. Joe Frank,Advance Planning Director,stated$200,000 would subsidize between 20 to 27 affordable housing units. The funds can be leveraged into many times that amount with non-city funds. For 2010,the City will most likely receive about$1 million in federal funds for affordable housing,even without the amount that has been reduced. The Affordable Housing Needs and Strategies Report is currently being updated and that Report helps to set the priorities of Council. Councilmember Poppaw stated the reduction in the budget for affordable housing will impact funding for tenant-based rental assistance. Frank stated tenant based rental assistance is a program to provide rent assistance to low-income people for up to two years. The HOME Program can be used for tenant-based rental assistance. CDBG funds cannot be used for tenant-based rental assistance but can be used for emergency rental assistance up to 90 days. The affordable housing fund has no federal requirements attached to the funds and has greater flexibility. Councilmember Poppaw stated the City should provide more funding for rental assistance. Frank stated the 2009 fall competitive cycle has been completed and the two requests for funding for tenant-based rental assistance were funded completely with HOME funds. Councilmember Poppaw noted the funds allocated for tenant-based rental assistance are dedicated to the Community Dual Disorders Treatment Program and cannot be used for Crossroads clients. There are many unmet needs for rental assistance. Councilmember Kottwitz asked if the camera radar program was self-sufficient. City Manager Atteberry stated the program is not funded by the City. 429 October 20, 2009 Councilmember Kottwitz noted the City is not reducing its current funding for Crossroads Safehouse and she asked if Council could choose to award extra funding to Crossroads at a later date. City Manager Atteberry stated the City has provided funding for Crossroads since 1979. Council could always choose to appropriate reserves or make cuts in other areas to provide funding for Crossroads. Councilmember Kottwitz asked if the$1.6 million budget for utility rebates is funded by utility rates. City Manager Atteberry stated the rebates are funded by ratepayers and are not provided from the General Fund. Those dollars cannot be used to fund Police Services or other General Fund services. Councilmember Roy asked what else the current building occupied by Crossroads Safehouse could be used for to meet CDBG standards. Deputy City Manager Jones stated the property is zoned NCM and could be used by other programs supported by HUD or CDBG. Frank stated the NCM zoning is neighborhood conservation,medium density for multi-family dwellings. A complete appraisal is necessary of the building and site to determine any future uses. Steve Dush, Current Planning Director,stated the NCM zoning allows residential units, up to four units in a structure,and a variety of community and civic uses such as a child care or adult respite center could be placed on the site. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Roy stated the pavement management program saves the community money and prevents future problems and it is appropriate to use reserve funds for the program. He asked if bonding has been considered as one way to fund the pavement management program.Mike Freeman, Chief Financial Officer, stated bonds are typically issued when a guaranteed stream of revenue is available to repay the bonds. The General Fund and the Transportation Fund have decreased revenues and bonding is not a practical solution to funding the pavement management program. There is no dedicated revenue stream to repay the bond debt. Reserve funds are available to use for the program. Councilmember Manvel noted the proposed budget contains $7 million for pavement management which is about half of the amount needed to fully fund the program for one year. Investment in pavement management is necessary to prevent costly road replacement at a later date. Spending reserves for.pavement management is a good investment for the future. Jeff Scheick, Director of Planning, Development and Transportation, stated the pavement management program has been reduced this year from $10.2 million to $7.7 million to cover some revenue shortfalls in the 2009 budget. Erika Keeton, Pavement Management Program Manager, stated investing $2 million in reserve funds will provide benefit many years into the future by preventing 31 miles of roadway from deteriorating into a failing condition in 10 years time, compared to $26 million to replace 31 miles of roadway. It would take about $14 million in funding each year to maintain the City's roads. Mayor Hutchinson asked what the consequences would be if an increase in funding for the pavement management program were delayed for one year. Scheick stated a one-year delay will not dramatically change the outcome. Councilmember Ohlson asked for clarification of the long-term savings the City would see if the decision is made to invest another$2 million in pavement management. Scheick stated maintaining 430 October 20, 2009 the roadway helps to avoid major repairs and replacement. A certain amount of pavement will go into failed condition within the next 10 years, if$2 million is not invested this next year. Freeman stated some economic indicators show the downturn in the economy is lessening and that next year should be a better year for revenues for the City. Using$2 million of the$5 million in reserves may not be the best use of reserves because the economic turnaround could take a full year to occur. Councilmember Manvel noted the amount of funding for pavement management for 2011 could be far less than the 2010 budget, if the economic turnaround does.not occur. He asked what amount of funding is dedicated to pavement management. Keeton stated $5.5 million is voter-approved dedicated funding for pavement management. Councilmember Ohlson asked if using reserves for pavement management would be a wise course of action. Freeman stated staff is not recommending the use of reserves for pavement management. Councilmember Poppaw asked if the price of materials was expected to increase in 2010. Freeman stated little, if any,price increase is expected because of the downturn in the construction industry. City Manager Atteberry stated pavement management is an ongoing service and he did not support the use of reserves for an ongoing service. If$2 million is not spent over the next 10 years, the impact will be$26 million to replace aging pavement. Delaying additional funding to the pavement management program for one or two years will not significantly increase costs in years to come. The negative impact of continuing underfunding pavement management will be felt ten and fifteen years from now. Councilmember Roy asked where$2 million in reserves might be spent if it is not used for pavement management. City Manager Atteberry state he recommended not allocating the reserves for any area at this time. Council will consider the 201 1-2012 budget next year and if revenues are significantly lower than projections, reserves will need to be used at that time or services will need to be cut further. Councilmember Ohlson asked why the use of$5.7 million in reserves used for the RMI2 project did not raise as many concerns with staff as the use of$2 million for pavement management. Freeman stated the funds for the RMI2 project were loaned to the URA and $2.8 million will be repaid at the end of 2010. Councilmember Kottwitz asked how much is budgeted for food for Council and staff per year. City Manager Atteberry stated the information would be provided to Council. Meals for boards and commissions are a significant part of the food budget. Councilmember Roy made a motion, seconded by Councilmember Troxell,to adopt Ordinance No. 1 ]2, 2009, on First Reading. Councilmember Roy made a motion, seconded by Councilmember Kottwitz, to amend Ordinance No. 112, 2009, on First Reading to remove the Advanced Metering Infrastructure (AMI) Program from the budget. 431 October 20, 2009 Councilmember Troxell stated AMI and the ability of end users to see their energy usage will create up to a 10% savings in energy costs. Steve Catanach, Light and Power Operations Manager, stated one study shows customers achieve up to an 11% decrease in energy usage with smart meters that provide feedback information on individual household energy use. The installation of AMI meters will take approximately two years. Councilmember Troxell stated only 2%of the proposed electric rate increase is for the AMI program and the benefits of consumer savings and reduction in peak load usage will outweigh the increase in rates. AMI will assist end-use consumers in energy savings and will provide an infrastructure to enable the City to achieve more energy efficiencies. He supported leaving the funding for AMI in the 2010 budget. Mayor Hutchinson asked what other options are available to fund AMI. Catanach stated some communities use rate recovery and other communities borrow funds and repay the debt with rate recovery. Using bonds to finance AMI could be an option because interest rates are very low at this time. Councilmember Manvel stated even though rates would increase in the short term to put AMI into place, customers would see lower increases in rates in future years. The average household electric rate would be raised by$1 per month if the AMI program is included in the budget. The cost to use bonds to finance the project is high and is not a good use of bonds. AMI will provide savings in rates and lowered consumption which will help the City meet its environmental and climate goals. Councilmember Kottwitz stated this year is not the year for a rate increase. Other utility rate increases are also proposed and the AMI program costs should not be added into those increases. She did not support the rate increase to fund the AMI program. Councilmember Poppaw asked what savings residents will see with the installation of smart meters. Catanach stated the City will have a high initial capital investment to install the AMI system. The benefits from reduced operating costs will occur once the system is in place in 2012. It will take approximately 10 years to recoup the high initial capital investment. After 10 years, the cost reductions become positive in the estimated range of$5 million to$9 million of positive return over the following five years, which means the $21 million cost of the system plus an additional $30 million of benefits over the 30 year span of the system. AMI will not necessarily reduce costs but avoids future expenses. It is difficult to estimate the dollar amount of savings to customers because any savings is dependent on what customers do with the information provided by the AMI system. Councilmember Poppaw asked how issuing bonds to pay for the AMI system would affect future benefits. City Manager Atteberry asked Council delay the discussion on borrowing funds to pay for the AMI program and if the AMI program can be accomplished without a rate increase until Second Reading of the Ordinance. Councilmember Poppaw made a motion, seconded by Councilmember Manvel, to postpone the motion to remove the Advanced Metering Infrastructure (AMI) Program from the budget until Second Reading on November 3, 2009,to give staff time to provide more information on the use of 432 October 20, 2009 bonds for the AMI program. Yeas: Hutchinson, Kottwitz, Manvel, Poppaw, Roy and Troxell. Nays: Ohlson. THE MOTION CARRIED. Councilmember Poppaw made a motion,seconded by Councilmember Roy,to amend Ordinance No. 112, 2009 to add $75,000 to the Affordable Housing Fund. Councilmember Manvel asked if the,funds would come from reserves. City Manager Atteberry stated staff will examine the possibility of one-time cuts and the impact of using one-time reserve funds for this addition. Councilmember Troxell stated affordable housing is important to the community but a broader discussion is necessary to determine the causes of higher cost of housing. The amendment does not address the cause of high rents and the lack of affordable housing in Fort Collins. Councilmember Kottwitz stated reserves should not be used for affordable housing and the funds should instead come from the funds budgeted for restoration of the air quality program and the code enforcement position. Councilmember Poppaw asked if the amendment should state the source of the funds requested. City Manager Atteberry stated the $133,000 remaining in the affordable housing fund are ongoing dollars and the $200,000 recommended reduction was in one-time dollars. Council input is helpful in making the decision about the source of the funds. He will return to Council with recommendations for the source of additional funding. Mayor Hutchinson stated the City Manager can provide a recommendation on the source of additional funding by Second Reading. Councilmember Manvel stated utility rates will also be increasing and the additional funds proposed for affordable housing will assist the least fortunate in the community. He supported the amendment. Councilmember Poppaw stated the additional funds for the affordable housing fund will aid the most needy in the community. Affordable housing assistance is a high priority for Council. Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to use the Council and staff food budget funding to offset the additional funding proposed for the affordable housing fund. Mayor Hutchinson asked for the amount of the Council food budget. Freeman stated the Council food budget for 2010 is $22,000. The total food budget is $350,000 and about half is probably for boards and commissions. 433 October 20, 2009 Mayor Hutchinson stated the City Manager should be allowed to determine other sources for the proposed affordable housing funds. Councilmember Poppaw stated she did not support any determination of funding sources at this time and the City Manager should be allowed to bring his recommendations on funding back to Council. Councilmember Ohlson stated board and commission members volunteer their time and give many hours for the benefit of the City. Providing meals to volunteers seems a small repayment for the donation of so many volunteer hours. Staff is frequently working after hours at events that involve citizens and are provided a meal as part of working public events. Councilmembers are provided dinner before Council meetings which begin at 6 p.m. The food budget has been trimmed to the bare minimum and no further cuts should be considered. The vote on the motion to use the Council and staff food budget funding to offset the additional funding proposed for the affordable housing fund was as follows: Yeas: Kottwitz, Troxell. Nays: Hutchinson, Manvel, Ohlson, Poppaw, Roy. THE MOTION FAILED. Councilmember Roy stated affordable housing is not funded at sufficient levels and adding more money to the affordable housing fund will help some of the most vulnerable in the community. Councilmember Poppaw stated $167,000 is currently budgeted for the Community Dual Disorder Treatment Program for tenant-based rental assistance. Administrative costs are budgeted at$40,000. Frank stated $113,890 per year is budgeted for affordable housing for 2010 and 2011 with $60,000 budgeted each year for administrative costs. The vote on the motion to add $75,000 to the Affordable Housing Fund was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy. Nays: Troxell. THE MOTION CARRIED. Councilmember Roy made a motion to amend Ordinance No. 112, 2009 to add $350,000 to assist Crossroads Safehouse. The motion was denied for lack of a second. THE MOTION FAILED. Councilmember Poppaw made a motion,seconded by Councilmember Roy,to amend Ordinance No. 112, 2009, to use $2 million in reserves for the pavement management program. Mayor Hutchinson noted staff will provide Council with more information regarding any consequences of delaying more funding for the pavement management program. Councilmember Poppaw withdrew the motion. 434 October 20, 2009 Councilmember Ohlson stated Crossroads Safehouse provides a needed service to the community and staff must work with federal CDBG officials to determine a way to allow the proceeds of the sale of the current Crossroads facility to be used for its new facility. If no method can be found to allow the transfer of funds from one property to another, Council should then consider using reserves to assist Crossroads. Other communities in the region should also be contributing to this service. City Attorney Roy clarified the two amendments to the original motion deferred the decision to be made about AMI until Second Reading and added$75,000 to the affordable housing budget with the funding source to be determined. The vote on the motion to adopt Ordinance No. 112, 2009, as amended, was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson,Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Extension of the Meetine Councilmember Manvel made a motion,seconded by Councilmember Poppaw,to extend the meeting past 10:30 p.m. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy. Nays: Kottwitz, Troxell. THE MOTION CARRIED. Items Relating to Utility Rates and Charges for 2010 Adopted on First Reading The following is staffs memorandum for this item. "FINANCIAL IMPACT The rate Ordinances are projected to increase the annual operating revenues ofthe Wastewater Fund by 10%, the Water Fund by 3%, and the Light and Power Fund by 9.5%. There are no rate increases to stormwater monthly rates. The combined utility fees for a typical single family residence during the high usage summer months will increase $9.95 per month. Proposed water, wastewater and stormwater plant investment fees (PIFs) are updated to reflect a new customer's impact on the system and maintain existing customers' equity in the system. Proposed electric development fees and charges cover costs of new commercial and residential development. The financial impacts vary by the size and nature of the development. If the proposed fees are adopted, water, wastewater and stormwater plant investment fees, and electric development fees and charges will increase. The combined utility development fees for atypical single family residence (exclusive of raw water requirements which are not changing)will increase from$10,696 to $11,509 or 7.6%. The proposed fees will be effective January 1, 2010. EXECUTIVE SUMMARY 435 October 20, 2009 A. First Reading of Ordinance No. 113, 2009, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Rates and Charges for Water. B. First Reading of Ordinance No. 114, 2009 Amending Chapter 26 of the City Code Relating to Wastewater Rates and Charges. C. First Reading of Ordinance No. 115, 2009 Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. D. First Reading of Ordinance No. 116, 2009, Amending Chapter 26 of the City Code to Revise Water Plant Investment Fees. E. First Reading of Ordinance No. 117, 2009, Amending Chapter 26 of the City Code to Revise Sewer Plant Investment Fees. F. First Reading of Ordinance No. 118, 2009, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. G. First Reading of Ordinance No. 119, 2009, Amending Chapter 26 of the City Code to Revise Stormwater Plant Investment Fees. Three Ordinances (A, B & C) establish monthly water, wastewater and electric rates. Four Ordinances (D, E, F, & G) adopt revised water, sewer and stormwater-plant investment fees and electric development fees. The fees are one-time charges paid by developers or builders for the cost of the utility infrastructure needed to serve new development. Per Council direction, plant investment fees are reviewed on an annual basis and revised during the biennial budget cycle. Plant investment fees(PIFs)for water, wastewater and stormwater were last updated with the 2008-2009 budget. Electric development fees and charges are updated annually. BACKGROUND PLANT INVESTMENT FEES (PIFs) • WA TER PLANT INVESTMENT FEES The water plant investment fees are developed to recover the current value ofpast investment and the current value of future growth-related investment through 2040. This method includes calculating net water system equity, capacity units, and determining the net system equity per unit as follows: 1. The water system assets are valued at replacement cost adjusted by the construction cost index as published by Engineering News Record. 436 October 20, 2009 2. The net system equity is determined by subtracting outstanding debt principal from total replacement costs and adding projected growth related to capital improvement projects. 3. The result is divided by the future total plant capacity to determine unit cost. The investment in plant increased only slightly compared to the prior study. Residential and multi- family usage characteristics remain unchanged, resulting in no recommended increase in PIFs for 2010. Commercial use characteristics increased, resulting in higher PIF charges for 2010. The following schedule details PIFs for the various customer classes. WATER PLANT INVESTMENT FEES BY CUSTOMER CLASS 2009 PIF.s 2010 Pro osed Peak Day Current Peak Day Proposed Customer Class/Meter Size Usage( d Charge Usage( d) Charge Change Residential: Single Family Inside Use 191 S 730 191 S 730 0% Outside Use-SlS . Ft. 864 S 0.36 864 S 0.36 0% Multi-Family(per unit) Inside Use 133 S 490 133 S 490 0% Outside Use-SlS . Ft. 263 S 0.27 263 S 0.27 0% Non-Residential(ureter size) 114 inch 1,730 S 6,970 1,850 S 7,530 8.0% 1 inch 5,110 S 20,590 5,340 S 21,730 5.5% 1 Y2 inch 10,300 S 41,510 11,130 S 45,300 9.1% 2 inch 16,210 S 65,330 16,970 S 69,070 1 5.7% 3 inch 35,370 S142,540 38,800 S157,920 1 10.8% > than 3 inches I Based on specific customer requirements *differences due to rounding The impact to a typical single family residence remains at the 2009 rate of$3,826(8,600 sq.ft. lot). • WASTEWATER PLANT INVESTMENT FEES The wastewater plant investment fees are developed using a similar method to the water PIFs, by assessing new customers based on an allocation of the costs ofthe existingfacilities and the projected growth-related improvements. While the gallons per day treated decreased slightlyfor most customer classes, the increased investment in plant resulted in increased PIFs for each customer class for 2010. The proposed fees are shown in the following tables: 437 October 20, 2009 WASTEWATER PLANT INVESTMENT FEES Customer Class/Meter Size Exist'. g 2009 Pro osed 2010 Volume Current Volume Proposed C d Charge G d Char e Change Single Family 321 $ 3,194 300 S 3,550 11.1% Multi-Famil lPer Unit 208 S 2,069 210 $ 2,490 20.3% Non-Residential(meter size) 114 inch S 624 6,206 600 $ 7,100 14.4% ] inch S 1,644 16,361 1,510 $ 17,880 9.3% 1 % inch S 2,854 28,396 1 2,660 $ 31,490 10.9% 2 inch S 5,122 1 50,963 4,670 S 55,290 8.5% 3 inch I S121,48 12,209 4 12,680 $150,130 1 23.6% 4 inch and above assessed on individual basis Wastewater plant investment fees for a typical single-family residence in 2010 would increase from S3,194 to $3,550, or IL I%. • STORMWATER PLANT INVESTMENT FEES Plant investment fees for stormwater are adopted on a citywide basis. All new development must provide on-site detention as specified in the master plan. Regional elements are sized to handle existingjlows and to work in coordination with on-site detention in new developments. Stormwater PIFs pay for a developer's proportionate share of the system infrastructure as it exists at the time they develop. The unit of measure used to allocate the value of the existing system between new customers and existing customers is acres of developed land, adjusted with a runoff coefficient (a measure of how water runs off various surfaces). Proposed developmentfees are calculated by dividing the value of the current system, less outstanding debt, by the total acres of land (existing developed and developable) in the service area. This number is then adjusted by the average runofffor the system. The result is the unit value of the existing system per acre of developed land. Stormwater Plant Investment Fee 2009 2010 Current Proposer! Change Fees Fees $4 420 $6 313 42.8% The significant increase in fees is due to the large investments in stormwater infrastructure over the last few years. A typical single family residential stormwater PIF would increase from $749 to SI,069, or$320. 438 October 20, 2009 • ELECTRIC PLANT INVESTMENT FEES Electric development charges include the allocated and actual costs to the utililyfor each commercial or residential development. The two components of these charges are the Electric Capacity Fee for the off-site electric system, and the Building Site Charge for the on-site electric costs. The electric development charges are typically increased annually to adjust for inflation and cost increases. Increases average from 1%for residential and 1.9%for commercial development in 2010. The following tables compare current fees with proposed fees for residential and commercial developmentfor customer electric loads served by the utility where the Utility owns the transformer: ELECTRIC DEVELOPMENT FEES AND CHARGES-RESIDENTIAL Category Chartre 2009 2010 %Inc Per square foot S0.04919 S0.04968 L 0% Per lineal front foot $9.77 S9.90 1.3% p n 150 amp Single coo w Family(Non Elec GO Heat) S1,262 Sl 278 1.3% 20 amp Single Electric Family(& Elec Capacity Fee* Heat 150 am $2 143 $2,165 1.0% 150 amp Multi- Family(Non Elec Heat) $842 $852 1.2% 200 amp Multi- Family(&Elec Heat 150 am S! 505 $l 520 1.00%0 Building Site Secondary 1/0 $658 $666 1.2% Charges Service 4/0 S817 5823 0.7% ELECTRIC DEVELOPMENT FEES& CHARGES COMMERCIAL 2009 2010 % Category Charge Existin Proposed Chan e Per square foot 50.04919 $0.04968 1% Per lineal frontfoot S37.64 $38.20 1% Electric Service 208V I-ph S1,202 $1,238 3% Capacity Fee* Entrance 240V]-ph $/,386 $1,429 3% (per 100 amps) Utility 208V 3- h S2,081 $2,145 3% Owned 240V 3-ph S2,401 S2,475 3% Transformers 480V 3-ph $4,803 $4,950 3% Building Site Primaty Circuit 1 phase S8.90 $8.90 0% Charges Primary Circuit 3 phase $19.12 $19.00 -1% Transformer Install !phase $1 257 $1 317 5% Transformer Install 3 phase $2 335 S2,409 3% *Utility Owned Transformer 439 October 20, 2009 The impact to a typical single family residence (8,600 sq.ft. lot, 150 amp service) is an increase of $37 from $3,027 to $3,064, or IX In addition, when the customer owns the transformer, the proposed kVA service charge is reduced by$l0.1Oper kilovolt-amp(kVA)ofservice load ratingfor electric capacityfeesfor customer electric loads served by the utility. Proposed revisions to code language also identify the applicable kVA service charge for the utility to receive customer generation in excess of the customer's electric service provided by the utility. Since the Utilities do not provide substation capacityfor this customer owned generation, the kVA service charges are reduced by$11.24 per kVA. SUMMARY OF PIF CHANGES AND COMPARISONS The following table shows the overall impact of the proposed Plant Investment Fees and Electric Development Charges on a typical single family residence. Impact on Single Family Residential Current Proposed Change 2009 2010 Water* S 3,826 S 3,826 0.0% S 0 Raw Water** S 5,203 $ 5,203 0.0% S 0 Wastewater $ 3,194 $ 3,550 11.1% S 356 Stormwater*** S 749 $ 1,069 43.0% $ 320 Electric* S 3,027 1 $ 3,064 1.0% $ 37 Total $15,999 1 $ 16,712 1 4.6% S 713 *Typical, based on lot size of 8,600 sq.ft., 70 foot frontage, 150 amp service **No increase for Raw Water ***8,600 sq.ft. lot plus estimated 6, 156 sp.ft common area and right-of-way, light runoff coefficient Comparison to other utilities is difficult due to differences in customer use patterns, the unique capital needs of each utility, and differentpolicy direction from governing bodies. The question of how Fort Collins Utilities compare to other area utilities often arises. The graph below compares water, wastewater, and stormwater PIFs and raw water requirements for a single family residence for some neighboring communities. *Assumptions and data sources: a. Building Type: Single Family Residential b. Building Square Footage: 2,200 sq.ft. c. Dwelling units: 1 d. Lot Size: 8,600 sq.ft, (Stormwater at 14,756 sq.ft. gross) e. Water Tap Size: 114"residential f Does not include the cost of tap and meter fees or development review fees g. Data obtained from city web sites and/or staff of each city. Note: Greeley drainage fees vary by basin. High is$704, Low is$69, Median is$280, Mean is$227. Raw water is dedicated prior to development. MONTHLY RA TES 440 October 20, 2009 The City contracted with Red Oak Consulting to conduct a cost of service study for the water and wastewater rates. Cost ofservice is a process to determine a customer class's proportionate share of a utility system's annual costs. Best practices within the water utility industry recommend performing cost ofservice analysis on a regular basis to ensure proper cost recovery from the various rate classes. Water Rates Ordinance No. 113, 2009,proposes to increase the water utility fund's revenue by 3%. The increase includes a cost ofservice adjustment and varies by customer class. With the proposed rate, atypical single family residential customer's monthly bill will increase from 560.90 to 563.22 or 52.32 per month in 2010. This is based on a typical single family residential summer usage of 21,000 gallons. During lower use in the winter (5,000 gallons per month), the average bill will increase approximately S0.86. The rate increase is needed to generate revenues to fund capital replacement projects. The chart below shows the impact of the cost of service adjustments to the proposed rate increase by customer class: WATER UTILITY 2010 Proposed(1) Customer Proposed Revenue Cost of Service Rate Increase by Class Adjustment Adjustment Customer Class Residential 3.0% 0.8% 3.8% Duplex/Multi- 3.0% (2.9)% 0.0% family Commercial; 3.0% (1.3)% 1.7% (1)Adjustments are cumulative Wastewater Rates Ordinance No. 114, 2009,proposes to increase wastewater revenue by 10%. The increase includes a cost of service adjustment and varies by customer class. With the proposed rate, a typical single family residential customer's monthly bill will increase from 524.48 to 527.28 or 52.80 per month in 2010. This is based on a system average of 5,200 gallons per month winter quarter average (WQA) water use. Council approved monthly wastewater rate increases in 2008 and 2009 at 12% and 11%, respectively, to fund wastewater operations and meet the increase in long-term debt service obligationsfor a major capital project to replace the tricklingftller, make odor control improvements and prepare for future regulation-based improvements at the Mulberry facility. A 9% increase is proposed for 2011 and 8%in 2012 to maintain reserve requirements, meet debt service, and continue operations and maintenance functions. The following table shows the impact of the wastewater cost of service adjustment by customer class: WASTEWATER UTILITY 441 October 20, 2009 2010 Proposer!(1) Proposed Revenue Cost of Service Rate Increase by Customer Class Adjusment Adjustment Customer Class Residential 10.0% 1.30% 11.5% Duplex/Multi family 10.0% (20)% 9.80% Commercial 10.0% (2.5)% 7.30% (I)Adjustments are cumulative Electric Rates The Utilities are proposing an electric rate increase of 9.5% in 2010 for all customer classes and 8.6% in 2011. The rate increase is made up of the following components: Recommended Retail Electric 2010 2011 Rate Increase Purchase Power 4.79% 4.71% Purchase Power—Renewables 0.82% 0.00% Energy Services 1.81% 1.81% Advanced Metering Infrastructure(AMI) 2.08% 2.08% Total Electric Rate Increase 9.50% 8.60% Platte River's increases are due to several factors: • Capital investments=$335 million over ten years: transmission approximately$149 million, production approximately $179 million, general at approximately S7 million (cost of materials is increasing, underground transmission). • Craig coal costs have increased. • Reserve requirements increasing. • Xcel Energy is beginning to charge for ancillary services. • Surplus sales are decreasing (the margin from surplus sales .subsidizes the rate to the municipalities) as municipal energy consumption increases. • Interest income has decreased due to lower interest rates. Platte River's wholesale premium charge for renewable energy will increase from 50.012 per kWh to $0.019 per kWh. The increase is due primarily to increasing the amount of generation plant compared to renewable energy credits as directed by Platte River's Board approved Renewable Policy. This increases Fort Collins annual cost to purchase renewable energy by S 708,000 per year. The Energy Services increase will fund additional conservation programs and customer initiatives to support Energy Policy goals. The Advance Metering Infrastructure(AMI)project is estimated to cost$21.5 million, with Light and Power's share at S17.5 million. In order to fund the AMI project and keep reserves at minimum 442 October 20, 2009 policy levels, a 2.08%rate increase in retail electric rates is required for both 2010 and 2011. Each 2.08%rate increase is projected to generate approximately$1.66 million of revenue per year-not the full cost of the project. AMI will also be funded through depletion of the reserves. While long term savings from the AMI project are projected, the initial cashflows require a rate increase to maintain reserves at minimal levels over the next five years. Federal stimulus funding is also being pursued and, if obtained, the rate impact would be reduced Electric Rate Options The chart below provides Council with the projected rate increases given the following considerations: Option d -9.5116, Recommended Budget Option 2- 7.42%, Budget without AMI Electric Rate Options for 2010 Cost for 700 kWh - $Increase % Increase Residential Rate from 2009 from 2009 2009 Rate $50.66 Option I - 9.5% $55.48 $4.82 9.5% Option 2- 7.42% 554.43 $3.77 7.4% The Electric Rate Ordinance included in the recommendation is based on Option 1. Monthly Rate Summary The following table summarizes the impact of the proposed rate increases on a typical single family residential customer's monthly utility bill. In total, a "typical"customer's summer bill will increase $'9.94 per month. Typical Residential Customer-Monthl Uti/it Bill Current Proposer/ $ % 2009 2010 Increase Increase Electric 700 kWh per month 'S 50.66 $ 55.48 $4.82 9.5% Wastewater 5,200 gallonsgmonth S winter quarter use 24-48 S 27.28 $2.80 11.5% Storm water 8,600 s . t. lot, light runoff S 14.26 $ 14.26 $0.00 0% Water January 5,000 allons S 22.56 S 23.43 $0.86 3.8% July 2 1,000 gallons S 60.90 S 63.22 52.32 3.8% Total January Monthly Utility Bill 1 $111.96 $120.45 $8.49 7.6% Total Julp Monthly Utility Bill 1 $150.30 $160.24 $9.94 6.6% 443 October 20, 2009 Customers can reduce their monthly bills through conservation. A 10% reduction in usages for a typical residential customer would impact their monthly utility bill as follows: Typical Residential Customer-Monthly Utility Bill (With and Wit/rout 10%Reduction in Use) Current Proposed $ % Proposed $Increase % Increase 2009 2010 Increase Increase 2010 (Decrease) (Decrease) from from from 2009 from 2009 2009 2009 No change in use 10%reduction in use* Electric 700 kWlt per month $50.66 1 $55.48 $4.82 9.5% $50.36 $0.30 -0.6% Wastewater 5,200 gallons/month winter quarter use W A $24.48 $27.28 $2.80 11.5'% $25.91 $1.43 5.9% Stormwater 8,600 sgft. lot, light runoff $14.26 1 $14.26 $0.00 0.0% $14.26 $0.00 0.0% Water January-5,000 allots $22.56 $23.43 $0.86 3.8% $22.40 $0.16 -0.7% July-21,000 gallons $60.90 $63.22 $2.32 3.8% 1 $57.55 $3.36 -5.8% Total January Mo. Utility Bill $111.96 $120.45 $8.49 7.6% $112.94 $0.98 0.9% Total July Monthly Utility Bill $150.30 $160.24 $9.95 6.6% $148.08 $2.22 -1.5% *10%reduction in use: Electric 630 kWh per month Wastewater 4,680 Winter Quarter Gal/Mo Water:January 4,500gallons,July 18,900gallons No change to Stormwater Terri Bryant,Utilities Finance/Budget Manager, stated electric rates are proposed to be increased by 9.5%,which includes funding for the Advanced Metering Infrastructure(AMI)program. Water and wastewater rates include a revenue adjustment and a cost of service adjustment. A cost of service adjustment is an adjustment that identifies and defines the cost shifts between customer classes. The rate increases applied to water and wastewater will vary by customer class. The water revenue adjustment is 3%, which translates into a 3.8% increase for residential class. Wastewater revenue adjustment will be 10%, which translates into 11.5% increase for residential class. No monthly rate increases are proposed for stormwater. The utility rates for Fort Collins are average when compared 444 October 20, 2009 to other communities along the Front Range. Water, wastewater and stormwater plant investment fees are reviewed annually and are revised biennially during the budget process. These fees are related to the impact of new customers on the City's systems. Electric development fees are also reviewed annually and revised, as needed. The fees recover allocated and direct costs related to development. The City is below average in its plant investment fees when compared to other cities along the Front Range. Eric Sutherland, 631 LaPorte, urged Council not to vote for AMI because it will not save utility customers any money. Public notice of the proposed rate increase was not given correctly. Shane Miller,4325 Mill Creek,asked if the electric rate structure will be changed with the installation of the AMI program in order to achieve savings to motivate people to conserve more energy and what the yearly return on investment will be if AMI is installed this year or next year. . City Attorney Roy stated Council can consider removing the rate increase for AMI without being required to give another 30 days notice of a different rate increase. The state law requiring the Utility to give 30 days notice of a hearing on rate increases applies only to out-of-city customers. Under the state constitution,neither the Public Utilities Commission or the state legislature has the authority to regulate municipally owned utilities to the extent that they are providing electric service to customers within the city. The City, as a home-ruled municipality, by law, has the authority to regulate its own municipally-owned utility to the extent it operates within its jurisdictional limits. The City follows its Charter with regard to notices and publications for in-city customers. Councilmember Manvel asked if the wastewater rates should include a flat rate as well as metered rate. Bryant stated the flat rate is a carry-over from previous years and could be removed for Second Reading. Councilmember Manvel asked for clarification of the difference in wastewater rates for duplexes and larger,multi-family buildings. Bryant stated the larger,multi-family buildings have a lower base rate because the cost of service study showed multi-family dwellings were overpaying and should have lower rates. Duplexes are considered in the residential category and are charged a higher rate. Councilmember Roy asked if the price of technology for AMI will decrease in the near future. Steve Catanach, Light and Power Operations Manager, stated the Department of Energy has projected that by 2012, 52 million smart meters will be installed across the country. It is likely that prices for the meters will stay stable or possibly decrease with the pressure of competition. The meter price will probably not decrease in the next year or two. Councilmember Roy asked what rate structures were in place in other locations where AMI meters have been installed, what savings the City would see if AMI is put into place in the next year and if any grant funds will be lost if Council decides not to proceed with AMI this year. Mayor Hutchinson noted staff will provide the answer to those questions before Second Reading of the electric rate ordinance. 445 October 20, 2009 Councilmember Ohlson asked why wastewater rates have increased 50%over the past five years and why better planning did not occur to spread the increase over a longer period of time. Brian Janonis, Utilities Executive Director, stated staff planned to replace the trickling filter at the Mulberry Wastewater Treatment Plant in 2020, but the filter failed in 2002 due to an illegal dumping of materials. Rebuilding the trickling filter and upgrading the Mulberry Plant is now underway. Utilities is currently undertaking an asset management program to determine future capital projects for the next 40 years or more by examining the expected life of the infrastructure and replacement in a timely fashion. Councilmember Ohlson asked why plant investment fees had not been raised for three years. Bryant stated when plant investment fees were updated for the 2006-2007 budget cycle, wastewater plant investment fees were high and the decision was made to phase those fees in over a three-year period. The plant investment fees are updated and revised along with the budgeting process on a biennial basis. Electric fees are revised annually. Water,wastewater and stormwater fees are revised with the budget. Councilmember Ohlson asked the wastewater rates are much higher in Fort Collins than other cities in Colorado. Bryant stated the wastewater fees have increased primarily due to the debt service incurred for the Mulberry Plant. Janonis stated the City is upgrading a wastewater treatment plant and other cities may not be at the point of needing to upgrade yet. Councilmember Manvel asked why the water rates in Loveland are lower than Fort Collins or Colorado Springs. Janonis stated Loveland is close to reaching plant capacity and will probably need to do a substantial upgrade in the near future. Colorado Springs is in a major capital improvement project and has a projected rate increase for 2010 of 10%, with 12% increase per year until 2016. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 113, 2009; on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Manvel made a motion, seconded by Councilmember Roy,to adopt Ordinance No. 114, 2009, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel,to adopt Ordinance No. 115, 2009, on First Reading with the understanding that the City Manager will bring forward additional information regarding the removal of AMI from the rate increase to be considered on Second Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 446 October 20, 2009 Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 116, 2009, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Manvel made a motion, seconded by Councilmember Roy,to adopt Ordinance No. 117, 2009, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 118, 2009, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Ordinance No. 119, 2009, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. City Manager Atteberry thanked Terri Bryant for her work with Utilities and noted she has accepted a new position with the City of Greenwood Village. City Manager Atteberry suggested postponement of pulled Item#15 First Reading of Ordinance No. 105, 2009,Appropriating Prior Year Reserves and Unanticipated Revenue in Various CityFunds and Authorizing the Transfer of Appropriated Amounts Between Funds or Projects and Item #21 Resolution 2009-098 Concerning Implementation of Standards Created byAmendments to the Public Utility Regulatory Policies Act of 1978 and Contained in the Energy Independence and Security Act of 2007. Pulled Item #19, First Reading of Ordinance No. 110, 2009, Authorizing the Conveyance of a Utility Easement on a Portion of the Larimer County Landfill to Poudre Valley Rural Electric Association, Inc. is time-sensitive and needs to be considered now. The Urban Renewal Authority meeting needs to go forward to accommodate the applicant's time table. The General Improvement District No. 1 meeting should go forward. City Attorney Roy noted it is Council's prerogative to postpone consideration of any items on an agenda. Suspension of Rules Councilmember Roy made a motion, seconded by Councilmember Poppaw,to suspend the rules and extend the meeting past 12:00 a.m. 447 October 20, 2009 Councilmember Troxell stated he did not support a suspension of the rules because good decisions are not made at such a late hour and public participation is limited. Councilmember Ohlson stated extending the meeting past 12:00 a.m. is not good governance and should not be allowed unless Council is dealing with an emergency situation. Councilmember Roy stated the items needing Council consideration need to be addressed and Council should complete consideration of the items on the agenda. Councilmember Poppaw stated she did not support extending the meeting past 12:00 a.m, because good decisions are not made at such a late hour. The vote on the motion was as follows: Yeas: Hutchinson, Marvel, Roy. Nays: Kottwitz, Ohlson, Poppaw, Troxell. THE MOTION FAILED. Ordinance No. 110, 2009, Authorizing the Conveyance of a Utility Easement on a Portion of the Larimer County Landfill to Poudre Valley Rural Electric Association,Inc., Adopted on First Reading The following is staffs memorandum for this item. "EXECUTIVE SUMMARY Larimer County has been working for a few years on a project to reduce its carbon emissions from the Landfill. Larimer County has developed a cooperative partnership with Timberline Energy, LLC ("Timberline')to recover landfill gas. Last year, these parties entered into a Landfill Gas Purchase Agreement. Under this Agreement, Timberline will install (at its expense) a landfill gas recovery system. Timberline will then sell the recovered methane gas and carbon credits to a commercial energy user. Larimer County will receive a complete landfill gas recovery system at no cost to Landfill customers and will also receive a small amount of monthly revenue and a small percentage of the credit and gas sales. This revenue will be directly reinvested into the solid waste program at the Landfill. In order to construct the gas recoveryfacility and operate the gas recovery system, Timberline needs electrical power to the site. Timberline is getting its electrical service from REA. REA has requested a utility easement to lay the electrical line underground to the facility. BACKGROUND The Larimer County Landfill is located at 5887 South Taft Hill Road The southern half is owned solely by Lorimer County. Ownership of the northern half of the property is divided three ways: City 448 October 20, 2009 of Fort Collins has 50%ownership; City of Loveland has 25%ownership; and Larimer County has the remaining 25% ownership. Under an Intergovernmental Agreement between the City of Fort Collins, the City of Loveland, and Larimer County, Larimer County is the operating manager of the Landfill. As the operating manger of the Landfill, Larimer County entered into a Landfill Gas Purchase Agreement with Timberline for the County's Landfill Gas Project. The goal of this project is to create a complete landfill gas recovery system for the Landfill. Currently, the Landfill vents the methane gas directly into the atmosphere. Under this Agreement, Timberline will operate a facility at the Landfill to collect the methane gas. Once collected, Timberline will sell the gas, to be used to generate electricity, and carbon credits to a commercial user in the area. The location of the gas recovery facility and equipment is in the north half of Section 9, of which the City has 50% ownership. Timberline needs electric service for its landfill gas facility. REA is installing the electrical line to the new facility. In order to install this electrical line, REA has requested an easement from all three owners. The new electrical line will be installed underground " City Manager Atteberry noted a fee of$1000 has been charged by the City to cover the cost of the work done by Real Estate Services but no fee has been charged for the easement itself. The City of Loveland did not charge a fee because its Real Estate Services Department is funded through its General Fund while the City's Real Estate Services is a fee-for-service model. Eric Sutherland, 631 LaPorte, requested Council waive the fee charged by Real Estate Services because the project will help the City accomplish some of its climate action goals. The interpretation of the notification of rate increase by the City Attorney is incorrect and Council should not proceed with any consideration of the rate increase until 30 days notice is provided to all utility customers. City Attorney Roy clarified that the City Charter does not require that the rate schedule be published seven days before Second Reading. The Charter requires that the Ordinance, as approved on First Reading,be published by title only seven days before Second Reading. The full text of the Ordinance as it was proposed to the Council has been available on the City's website and will continue to be available. Councilmember Troxell asked if the above-ground power line that crosses Cathy Fromme Prairie will be the feed for the project and when the power line will be undergrounded. Helen Matson, Real Estate Services Manager, stated the easement for the power line was granted quite a while ago and no process is underway to require the placement of the power line underground. Steve Catanach, Light and Power Operations Manager, stated the power line is most likely the feed for the project. Councilmember Troxell asked what steps have been taken to have the power line placed underground. Catanach stated the City has no ability to require Poudre Valley REA place the power line underground. The City could pay for the undergrounding but the cost would be high. The above ground lines located in the Southwest Annexation area will be placed underground in the future. City Manager Atteberry noted the City places power lines underground as properties are annexed into the City limits. 449 October 20, 2009 Councilmember Roy made a motion, seconded by Councilmember Poppaw,to adopt Ordinance No. I I0, 2009 on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Adjournment Councilmember Manvel made a motion,seconded by Councilmember Troxell to adjourn the meeting to 6:00 p.m., October 27, 2009, to consider Item#15, Item#15 First Reading of 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 and Item #21 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 and Item 429 Items Relating to the Riverwalk Annexation and Zoning, and any other business. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. The meeting adjourned at 12:05 a.m. Mayor ATTEST: City Clerk 450 October 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 staffs 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 byl-25 on the east, Harmony Road on the north, the Fossil CreekReservoir 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 Reading from 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 subsequent zone 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 11 permil. 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. " 451 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 transferredfrom 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: 452 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 S1,708,582 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 #94 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 appropriated for unanticipated operation expenses from reserves that are set aside for that purpose. This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds, 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. 530,221 -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. S6,300-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. 565,687 - CSU Football - Contract pricing with CSU to cover overtime costs associated with providing security during football season. d. 512,255 - 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. 530,000 - Traffic Surcharge Reserve - Traffic department costs associated with traffic calming radio ads. This appropriation repays the funds.transferredfrom the Patrol Division to Traffic Operations since the funds were not included in the 2009 budget. f. S7,000 - Seatbelt Enforcement Grant - FCPS has been awarded a grant from the State of Colorado Department of Transportation to be used for Seatbelt compliance enforcement. g. S8,500-DUI Enforcement Grant-FCPS was approved for a grant for "Checkpoint Colorado"for 2009 checkpoint expenses. The grant pays for of overtime, on site phlebotomist service and traffic flow engineering services. h. S51168- The DBA reimbursed FCPSfor overtime incurred to patrol the Brew Fest. i. 5117,023 -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. S14,316-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. 59,880 - 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 1. $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 that purchase 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 (DUI 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 $4,784 FOR: Grant Expenses $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-PANservices 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) $ 7,500 FOR: Cable 14 Expenses $ 7,500 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. 455 October 27, 2009 FROM Prior Year Reserves (PEG Reserve) S35,000 FOR: Cable 14 Expenses S 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 S12,000 FOR: Cable 14 Expenses $ 12,000 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 S15,200 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. RECREA TION FUND The Recreation Division administers several restricted revenue accounts for various programs. Revenues for these programs include grants,fund-raising events and activities, and sponsorships. The following items appropriate specific expenditures f•om 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 SIO,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 513,000 FOR: Youth Sports 513,000 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 Lorimer 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 $34,150 FOR: Vida Sana $34,150 4. Additional grantfunding 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 S3,000 FOR: Youth Football $3,000 5. 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 October 27, 2009 FOR: Alternative Programs $3,000 C. DATA & COMMUNICATIONS FUND 1. The City's Development Tracking System(DTS)isfunded through 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 599,772 FOR: Development Tracking System S99,772 D. LIGHT& POWER FUND 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 ofEnergy(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 City ofForl Collins. Ordinance No. 023, 2009, approved by the City Council in March 2009, appropriated the unanticipated grant revenue from DOLA (S778,000). 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 458 October 27, 2009 S430,000 in unanticipated CFNC grant revenue for expenditure in the Utilities Light & Power Fund's DOLA Grant project. FROM: Unanticipated Revenue $430,000 TO: DOLA Grant Project $430,000 E. WATER FUND 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 S28,000 2. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated S531 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 S531 F. WASTEWATER FUND 1. The 2009 Budget Ordinance (Ord. No. 127, 2008) under-appropriated$27,800 relating to security improvements. An appropriation in this amount is being requested from prior year reserves. FROM Prior Year Reserves S27,800 FOR: Service Center Improvements $27,800 2. The 2009 Budget Ordinance(Ord. No. 127, 2008)incorrectly appropriated S26,200 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 S26,200 TO: Service Center Improvements - Capital Project $26,200 3. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated SI77 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 $177 459 October 27, 2009 4. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated 5915 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 5915 G. STORMWA TER FUND 1. The 2009 Budget Ordinance (Ord. No. 127, 2008) under-appropriated 53,200 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 S28,800 TO: Utility Service Center Phase 2- Capital Project $28,800 3. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated 5257 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 S257 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 S1,362 c, TO: Canal Importation Basin Improvements - Capital Project 51,362 H. 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. $150,000 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. 460 October 27, 2009 TRANSFER FROM: Regulatory & Government Affairs - Operations SI50,000 TO: System Additions &Replacements - Capital Project 5150,000 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 494 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 5116,237. In the future, this item will be included in the biennial budget. FROM: Unanticipated Revenue (special assessment) $116,237 FOR: Repay Developer S1161237 J. TRANSPOR TA TION SERVICES 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 5875. 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 5400 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 S3,463 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) 5108,250 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 5110,000. 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 NaturalArea-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 cis 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 City purchased 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 5600,000 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 budget process for this project; it only corrects the omission of the funds that were to be appropriated into the project. Local matching funds of 5300,000 were also identified and approved by Resolution 2008-016. This item also transfers these local matchingfunds ofS300,000from the Pedestrian Plan/ADA project 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 matchingfunds 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 $1,200,000 TO: Mason Corridor Project - BRT $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 Crossing project. Available funds have been identified in the BOB Pedestrian Plan/ADA Project($150,000) 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) $ 500 463 October 27, 2009 FOR: BCC Pedestrian Plan Project S 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) 5241,797 FOR: Department of Energy- RDSI Project 5241,797 10. The City of Fort Collins has received a SL 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 ofLocal Affairs (DOLA). This ordinance (See item D.3.) appropriates the Bohemian Foundation contribution via the Community Foundation ofNorthern Colorado in the amount of 5430,000. In addition, the Operations Services department is required to contribute SI10,928 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) 5110,928 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. FROM: Prior Year Reserves (Capital Projects Fund) 5500,000 FOR: Transfer to Transportation Fund 5500,000 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 ofthe Street Assessment is 5110,000. To fund this assessment a transfer will be made from the Capital 464 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) $ 20,000 FOR: Natural Areas Program $ 20,000 M. CAPITAL IMPROVEMENT EXPANSION FUND 1. In 2007, Council authorized the appropriation ofavailable library impact fees 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 465 October 27, 2009 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. 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 staff s memorandum for this item. "EXECUTIVE SUMMARY 466 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 resourceplanning, 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 utility may 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: • 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 lncentive 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, Slate, and regional plans; and (B) adopt policies establishing cost-effective energy efficiency as a priority resource. " Platte River Power Authority (PRPA)f les 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- 467 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 authority for 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$15.6 million in slimulusfundingforAdvanced Metering Infrastructure (AMI). AM] 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: 468 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 request for 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. Adjournment The meeting adjourned at 6:30 p.m. Mayor ATTEST: City Clerk 469