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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/20/2018 - SECOND READING OF ORDINANCE NO. 019, 2018, APPROPRAgenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY February 20, 2018 City Council STAFF Jennifer Shanahan, Watershed Planner Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 019, 2018, Appropriating Prior Year Reserves in the Natural Areas Fund for a 2017 Unanticipated Donation for Fish Ladder Design. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 6, 2018, appropriates a $50,000 donation from Noosa Yoghurt, LLC. into the Natural Areas Department’s 2018 budget to fund a river health-related project. In October 2017, Noosa Yoghurt, LLC. donated $50,000 to the Natural Areas department with a specific request that it be applied toward development of fish passage on the Watson Lake diversion structure. This structure is owned by Colorado Parks and Wildlife (CPW) and located on the Cache la Poudre River at the Watson Lake Fish Hatchery in Bellvue. Natural Areas staff is familiar with the design process, has managed the design process for two similar projects and has agreed to manage this design process and collaborate with CPW to facilitate this project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 019, 2018 (PDF) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Jennifer Shanahan, Watershed Planner Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 019, 2018, Appropriating Prior Year Reserves in the Natural Areas Fund for a 2017 Unanticipated Donation for Fish Ladder Design. EXECUTIVE SUMMARY The purpose of this item is to appropriate a $50,000 donation from Noosa Yoghurt, LLC. into the Natural Areas Department’s 2018 budget to fund a river health related project. In October 2017, Noosa Yoghurt, LLC. donated $50,000 to the Natural Areas department with a specific request that it be applied toward development of fish passage on the Watson Lake diversion structure. This structure is owned by Colorado Parks and Wildlife (CPW) and located on the Cache la Poudre River at the Watson Lake Fish Hatchery in Bellvue. Natural Areas staff is familiar with the design process, has managed the design process for two similar projects and has agreed to manage this design process and collaborate with CPW to facilitate this project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Noosa Dairy donated $50,000 to the Natural Areas Department (NAD) to be applied towards improving environmental health of the Poudre River. Specifically, Noosa would like these funds used to better aquatic habitat connectivity in the river reach near the Noosa dairy, which sits adjacent to the river just below the canyon mouth and extends downstream to the vicinity of the Watson Lake Fish Hatchery in Bellvue (owned by CPW). To operate the fish hatchery, CPW has a water right and a low head diversion dam on the Poudre River to divert water into the hatchery. This structure is impassable most months of the year for fish needing to swim upstream to complete their life cycle. These funds will enable a team of collaborators and engineers to complete a design for a fish passageway (a.k.a. fish ladder) on this structure. As part of the collaborative team, Natural Areas has agreed to manage the design process, given recent experience and relationships with key organizations and experts that were developed working on two recent fish passage projects downstream on the Poudre. The two projects are the installation of a fish ladder on the Fossil Creek Reservoir Inlet Ditch diversion dam and the recent design of a fish ladder for the Timnath Reservoir Inlet Ditch diversion dam. Once the design process for a fish passage on the Watson Lake diversion dam is complete (anticipated spring 2018) CPW will assume project management for securing funds to construct the fish passage. Collectively this work is directly linked to Natural Areas efforts to sustain and improve the health of the Poudre River. The City’s 2017 State of the Poudre report provided insight into the issues of greatest concern for river health. A “D-F” grade for aquatic habitat connectivity highlighted the importance of this work and potential to improve overall river health through installation of fish ladders. ATTACHMENT 1 Agenda Item 8 Item # 8 Page 2 CITY FINANCIAL IMPACTS This action has a net positive impact on the City’s financial resources and ability to accomplish fish passage projects on the Poudre River. BOARD / COMMISSION RECOMMENDATION At its October 12, 2017 meeting, the Land Conservation and Stewardship Board unanimously passed a motion recommending City Council appropriate this donation of $50,000 into the Natural Areas budget for use towards a design of a fish passageway on the Watson Lake diversion structure. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, October 12, 2017 (PDF) -1- ORDINANCE NO. 019, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND FROM A 2017 UNANTICIPATED DONATION FOR FISH LADDER DESIGN WHEREAS, Noosa Yoghurt, LLC, is donating $50,000 to the Natural Areas Department to be applied towards improving environmental health of the Poudre River; and WHEREAS, these funds will be used to catalyze better aquatic habitat connectivity in the river reach near the Noosa dairy, which sits adjacent to the river just below the canyon mouth and extends downstream to the vicinity of the Watson Lake Fish Hatchery (“Watson Lake”) in Bellvue; and WHEREAS, these funds will allow Natural Areas to work with a team of collaborators and engineers to manage the design process of a fish passageway, which is also known as a “fish ladder” on the low head diversion dam on the Poudre River in the vicinity of Watson Lake to allow fish to swim upstream to complete their life cycles; and WHEREAS, once the design process for the fish passage is complete, the Colorado Parks and Wildlife will assume project management for securing funds and installation of the selected design; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the Financial Officer has determined that the appropriations as described herein are available and previously unappropriated in the Natural Areas Fund; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of enhancing natural resources by preserving wildlife and habitats in the Poudre River. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from reserves in the Natural Areas Fund the sum of FIFTY THOUSAND DOLLARS ($50,000) for expenditure in the Natural Areas Fund for the fish ladder design. -2- Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk