HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2019 - FIRST READING OF ORDINANCE NO. 036, 2019, REAPPROPAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY March 5, 2019
City Council
STAFF
Darin Atteberry, City Manager
Mike Beckstead, Chief Financial Officer
Lawrence Pollack, Budget Director
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 036, 2019, Reappropriating Funds Previously Appropriated in 2018 But Not
Expended and Not Encumbered in 2018.
EXECUTIVE SUMMARY
The purpose of this item is to reappropriate monies in 2019 that were previously authorized by City Council for
various expenditures in 2018 for various purposes. The authorized expenditures were not spent or could not
be encumbered in 2018 because:
• there was not sufficient time to complete bidding in 2018 and therefore, there was no known vendor or
binding contract as required to expend or encumber the monies,
• the project for which the dollars were originally appropriated by Council could not be completed during
2018 and reappropriation of those dollars is necessary for completion of the project in 2019, or
• to carry on programs, services, and facility improvements in 2019 with unspent dollars previously
appropriated in 2018
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2018 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
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BACKGROUND / DISCUSSION
The Executive Team has reviewed the reappropriation requests to ensure alignment with organization priorities
and the Budget staff reviewed the requests to verify that all met qualification requirements.
GENERAL FUND
Natural Areas
1. Instream Flows - $28,491
Purpose for funds: The purpose of this offer is to fund work on instream flow related matters. This budget
has been utilized to support efforts to improve Poudre River Flows. They have been invested to improve
diversion structures and to plan and develop an instream flow augmentation plan with the State of
Colorado and numerous regional partners. The plan requires collaboration from many agencies and
potentially from the state legislature.
Reason funds not expensed in 2018: While much progress has been made, there have been obstacles to
overcome which have resulted in delays. Thus, the funds allocated to the plan have not yet been
completely spent. The remaining funds in this budget will be used to continue to support a revised IGA
among the partners which was adopted by City Council in 2018. The funds will be fully expended in 2019.
Park Planning & Development
2. Community Opportunity Funds to Leverage Private Contributions- $25,000 (plus an additional
$25,000 in Capital Projects Fund totals $50,000 for request)
Purpose for funds: Community Opportunity Fund funding is being requested to leverage a private
donation to improve Eastside Park. The funds will be used to pay the salary of a Park Planner to design
the park improvements.
Reason funds not expensed in 2018: Funds were not spent in 2018 due to the timing of the project
discussions and an agreement on how to move forward with the project came too late in the year to
complete the project.
Parks
3. Medians Lifecycle Funding- $20,490
Purpose for funds: The medians and streetscape offer provides funding for maintenance of city owned
medians along major arterials of the city. The lifecycle funding is used for renovating aging medians
including major plant replacement, re-mulching or rocking, and irrigation system renovations
Reason funds not expensed in 2018: Funds were not fully expended in 2018 due to insufficient funding
and time to complete the next lifecycle project. The re-appropriated funds will be added to 2019 funding to
renovate aging irrigation systems to assist with water conservation efforts on the medians and
streetscapes.
4. Parks Lifecycle Funding- $50,904 (plus an additional $9,546 in KFCG totals $60,450 for request)
Purpose for funds: The Parks lifecycle program provides funding for repair and replacement of park assets
and infrastructure throughout the park system. Initiated in 1993, this program supports repair,
replacement and renovation of over 1,000 varied Park assets within many different component categories
including: buildings, fields, trails, courts, structures, playgrounds, irrigation, sidewalks, parking lots, and
water related park components. This program is essential to keeping park facilities and infrastructure in
safe usable condition as well as enhancing the infrastructure to support growing demand in the parks.
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Reason funds not expensed in 2018: Funds were not fully expended in 2018 due to insufficient funding
and time to complete the next lifecycle project. The re-appropriated funds will be added to 2019 funding to
replace an aging bridge.at Rolland Moore Park.
City Clerk’s Office
5. Election Improvements- $20,000
Purpose for funds: We were working with Operations Services on a number of changes in the fall of 2018
to make improvements related to elections. These included a new ballot box for City Hall (purchase and
install), a camera (purchase and install, as well as running electricity to the site) to watch activity
surrounding the box 24/7, and improvements to the conference rooms, including Clickshare technology, to
be used for webinars, training and viewing items staff teams and election help is working on.
Unfortunately, these items were not fully completed or billed to 2018. There is no money in our 2019
budget to cover these charges; we are requesting 2018 funds as intended.
Reason funds not expensed in 2018: We had additional election money since there was no coordinated
election with the County for 2018. We intended to have all of this work completed in 2018 in preparation
for our upcoming election in April 2019, but this did not occur. At this point, a lot of the work has been
completed and the rest will be finalized by the end of February. None of what we are requesting monies
for has been billed.
Municipal Court
6. Temporary Judge- $10,000
Purpose for funds: In March 2018, Council adopted Resolutions 2018-021 and 2018-022 appointing two
Temporary Judges to whom Chief Judge Lane could assign to hear civil case(s) filed in Municipal Court.
Since no additional funding for personnel costs was appropriated for the Court's budget at that time to
cover this new cost, a supplemental appropriation of $5,000 was approved by Council in August of 2018.
However, in 2018 a civil case assigned to Temporary Judge Lisa Hamilton-Fieldman required the Court to
expend $14,500 in additional personnel costs due to the case’s complexity. Nevertheless, at the end of
2018 the Court still had $10,000 of unexpended and unencumbered funds available to pay personnel
costs.
Reason funds not expensed in 2018: The civil case filed in April of 2018 is very complex with multiple
parties and attorneys involved. A total of 49 individual filings have been filed to date. The case should
reach final disposition in 2019, so the Court is requesting the use of the 2018 funds for the estimated
personnel costs to be paid in 2019.
Communications & Public Involvement
7. Enhanced Engagement of Underserved Populations - $10,000
Purpose for funds: To support expanded public engagement activities within underserved populations.
Reimagining community engagement is a Council priority. In 2018, staff began working with local
consultants to engage diverse and underserved parts of the community. This funding will be used to
expand and formalize a partnership with a local cultural broker to help the City deepen its relationship and
engagement with underrepresented populations.
Reason funds not expensed in 2018: The City made good strides on efforts to reach underserved
populations in 2018. A new strategy was identified later in the year to utilize a cultural broker partnership.
Efforts to identify an appropriate partner and to evaluate how the partnership would work took longer than
anticipated which prevented the funds from being expensed in 2018. This funding will be utilized to
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continue implementation of this strategy to enhance community engagement and expand our reach,
particularly with underserved populations like Fort Collins' Spanish-speaking population.
Community Development & Neighborhood Services
8. City Plan - $50,000
Purpose for funds: As an Economic Health enhancement offer, these funds are used to support the
development of updates to three major City policy plans: City Plan (the community's comprehensive plan),
the Transportation Master Plan, and the Transit Master Plan. City Plan provides high-level direction for the
community and decision-makers on long-range, community-wide topics and fulfills state requirements to
have a plan in place to guide future growth and development in the community and the adjacent Growth
Management Area.
Reason funds not expensed in 2018: In developing major policy plans, extensive community outreach and
engagement takes place throughout the update process, which can span multiple years and require
significant funding to facilitate engagement activities and events. City Council directed staff at Council
work sessions in both November and December 2018 to continue targeted outreach activities with
underrepresented populations. In order to achieve this direction, the reappropriation of funds is needed to
continue these efforts in 2019 leading up to plan adoption.
9. Landmark Rehabilitation Loan- $22,866
Purpose for funds: The zero-interest, landmark rehabilitation loan program for designated Fort Collins
landmarks is the Historic Preservation Division's central incentive program that supports rehabilitation of
our community's important historic resources. The 2018 program funded $38,451 in loans, with the
remainder of the balance budgeted for administrative program fees associated with recording and loan
closings. These loans resulted in $69,401 in improvements to seven Fort Collins landmarks. Three of the
loans were not closed due to circumstances beyond the control of program staff and property owners and
require reappropriation in order to fulfill the commitments we made to property owners and close out the
2018 loan recipient award group.
Reason funds not expensed in 2018: The remaining budget from 2018 constitutes $17,549 in landmark
rehabilitation loans plus the related loan servicing fees that will be paid to Impact Development Fund at the
time of closing. Three loan applicants met the 2018 application deadline and received approval to proceed
with the work but the loans were not closed in 2018 due to extenuating circumstances (weather-related,
personal illness, unexpected complications related to project scope). Each of these will be finalized in Q1
2019 and the loans can be closed and funds issued.
Economic Health Office
10. Metro Districts- $8,552
Purpose for funds: The Economic Health Office provides oversight and management of the City's review
of Metro District Service plans. Part of that process includes receiving funds from applicants to offset City
costs incurred during review. The funds included in this reallocation request represent funds deposited with
the City by the Metro Districts at the I-25 and Prospect interchange. The funds have been used to offset
the City's review costs. Additional costs may be accrued in 2019. Any balance of funds must be returned to
the applicant if unused. Therefore, the City will need to either expend these funds on additional review or
refund them to the applicants. All funds are needed for these obligations.
Reason funds not expensed in 2018: Funds are either expended at the time of review or refunded after
the analysis is complete. Additional work continues related to the interchange funding, including the
financing; therefore, these projects have not been closed out and no refunds have been issued. It is
anticipated that the projects will close and funds will be expended in 2019.
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Social Sustainability
11. Affordable Housing Programs - $93,927
Purpose for funds: The Affordable Housing Funds are allocated annually through the Competitive Process
to support critical affordable housing needs in the City of Fort Collins. All funds were awarded to housing
programs or projects to further the goals identified in the City's Affordable Housing Strategic Plan.
Reason funds not expensed in 2018: The $93,927 represents $900 in unspent program support costs and
$93,027 in funding that have been committed to housing programs, CARE Housing rehabilitation and the
Homebuyer Assistance Program, but not yet contracted. These are matching funds for federal grants
requirements of the CDBG/HOME program. Under federal guidelines, CARE Housing project cannot be
contracted until the federal requirements have been met. The HBA funding cannot be contracted until
individual homeowners make application to program for specific properties under contract. Housing
projects often span multiple years and are not contracted in the year they receive the initial allocation.
KEEP FORT COLLINS GREAT FUND
Natural Areas
12. West Nile Virus- $2,200
Purpose for funds: Offer 85.1 provides operational funds for the City's West Nile Virus (WNV) mitigation
program. This offer funds proactive measures, such as mosquito larval control, to reduce the frequency
and geographic extent of adult mosquito treatment via pesticide application. Additionally, funds provide for
community outreach and education centered on reducing mosquito breeding habitat and personal
protective options to reduce infection risk.
Reason funds not expensed in 2018: The WNV program typically operates with very little annual
underspend. However, in 2018, the City's purchasing department required the renegotiation of the
mosquito pool testing contract with CSU. This renegotiation realized a savings of $8,406. Unanticipated
costs to the program in 2018 included banner installation by the Utilities Department - approximately
$2,200. This amount was charged by the Utilities department in early 2019.
Parks
13. Parks Lifecycle Funding- $9,546 (plus an additional $50,904 in General Fund totals $60,450 for
request)
Please see description in #3 under General Fund.
Communications & Public Involvement
14. Climate Action Plan Messaging and Engagement- $16,049
Purpose for funds: To continue implementation of the Climate Action Plan messaging campaigns in 2019.
Community engagement has been noted as one of the top two challenges for achieving the community's
climate action goals (financing is the other top challenge). In 2018, staff piloted a marketing campaign
(Take Two) and reached over 5,000 Fort Collins households. This funding will be leveraged for the launch
of the 2019 campaigns, which are designed to engage a wide range of households and businesses in
simple, easy actions they can take that will save them time, money and energy (and help achieve the 2020
climate action goal).
Reason funds not expensed in 2018: Expenditures of these funds were delayed in 2018 to ensure that a
full evaluation of the Take Two pilot could take place. Lessons learned from the pilot are being
incorporated into the proposed campaigns for 2019, and this funding will be used to continue community
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engagement and expand our reach, particularly with underserved populations, e.g., Fort Collins' Spanish-
speaking population.
TRANSPORTATION FUND
Streets
15. Street Maintenance Program- $584,000
Purpose for funds: Streets is requesting $584,000 to be re-appropriated from the 2018 Street
Maintenance Program (SMP) budget to cover the costs of the three projects listed below which were
scheduled to be completed in 2018:
• University Acres 1 – Garfield St. between Lemay Ave. and Green St. ($116,000)
• Lakeside Neighborhood ($162,000)
• Hickory St. ($306,000)
Reason funds not expensed in 2018: The projects were postponed because Utilities needs to complete
work prior to the street maintenance work being performed. The utilities work has been, or will be
completed in 2019, and the Streets department will be able to complete the projects in 2019.
CAPITAL PROJECTS FUND
Park Planning & Development
16. Community Opportunity Funds to Leverage Private Contributions- $25,000 (plus an additional
$25,000 in General Fund totals $50,000 for request)
Please see description in #1 under General Fund.
EQUIPMENT FUND
Operation Services
17. 2018 Hail Damage Insurance Appropriation - $900,000
Purpose for funds: These funds are intended to fix about 350 vehicles from the June 19, 2018 hailstorm.
The 2018 supplemental appropriation to cover this unanticipated expense was for $1.5M, which was
based upon a per vehicle estimate at that time. This reappropriation request is for 100% of the remaining
repair expenses based on the current bid that was recently completed. The repair contractor estimates
three months to complete all the repairs.
Reason funds not expensed in 2018: We were not able to do complete any of the work last year because
of challenges that occurred with the RFP and finalizing the amount of the settlement. The RFP issues
were resolved and we re-issued a second one later in the year. When the vendor was selected, it was too
late to complete all the repairs within the calendar year.
LIGHT AND POWER FUND
Utility Customer Connection
18. Non-Residential Solar Rebates- $100,000
Purpose for funds: Rebates are offered for approved project applications in support of midsize non-
residential solar projects through up front rebates. Projects of this type are generally located on large
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commercial rooftops and are “net metered” to benefit the project owner through reduction in on site utility
bills.
Reason funds not expensed in 2018: Utilities approved a group of solar rebate applications in late 2018
for which requisitions were submitted in order to generate a purchase order for each project. One of the
requisitions was not entered into the system in time to be incorporated into the normal purchase order
carryover review process. Completion of this reappropriation will preserve the 2019 funds for the intended
Council purpose of additional solar projects.
DATA & COMMUNICATIONS FUND
Information Technology
19. Electronic Record Search- $103,000
Purpose for funds: The funds requested are to fund the implementation of an Electronic Record Search
(eDiscovery) tool set and process that will enable organizations across the City to collaborate effectively
and efficiently when Open Records and other searches are requested. The primary departments that will
utilize this functionality are IT, City Attorney, City Clerk, Fort Collins Police Services, and various other
departments within the City depending on the nature of the request. This project will enable the City to
leverage the Office 365 (O365) workloads and applications the City is already paying for as a part of our
tenant and will integrate other technology as identified and deemed necessary for an automated, thorough,
and compliant process.
Reason funds not expensed in 2018: The original idea was to bring in a completely new tool to meet
identified electronic search functionality goals and run concurrently with the O365 project. As IT completed
the O365 Exchange and Office deployment, IT became aware of the eDiscovery features in O365 and
decided to evaluate that tool set as the feature set of O365 as it was not well known or understood at the
time. After more in-depth evaluation and analysis, the eDiscovery in O365 appeared to be a good match.
However, IT was unable to engage professional services in time to begin the project before year-end due
to bandwidth capacity of implementing other large scale, high-priority projects in 2018.
CITY FINANCIAL IMPACTS
This Ordinance increases 2019 appropriations by $2,080,025. A total of $340,230 is requested for
reappropriation in the General Fund, $27,795 from the Keep Fort Collins Great Fund and $1,712,000 is
requested from various other City funds. Reappropriation requests represent amounts budgeted in 2018 that
could not be encumbered at year-end. The appropriations are from 2018 prior year reserves.
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ORDINANCE NO. 036, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN 2018
BUT NOT EXPENDED AND NOT ENCUMBERED IN 2018
WHEREAS, City Council authorized expenditures in 2018 for various purposes in the
General Fund, Keep Fort Collins Great Fund, Transportation Fund, Capital Projects Fund,
Equipment Fund, Data and Communications Fund, and Light and Power Fund; portions of which
were not spent or encumbered in 2018; and
WHEREAS, Article V, Section 11 of the City Charter requires that all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or
special fund, except that appropriations for capital projects and federal or state grants do not
lapse until the completion of the capital project or until the expiration of the federal or state
grant; 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, City staff have determined that the amounts to be appropriated as described
herein are available and currently unappropriated; and
WHEREAS, it is in the best interests of the City and its residents to re-appropriate funds
for the expenditures below, in furtherance of these expenditures authorized in 2018 for which
such appropriated funds were not expended and not encumbered during 2018.
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 for expenditure from prior year reserves
in the General Fund the sum of THREE HUNDRED FORTY THOUSAND TWO HUNDRED
THIRTY DOLLARS ($340,230) for the following purposes:
Instream Flows
Community Opportunity Funds to Leverage Private Contributions
$28,491
25,000
Medians Lifecycle Funding 20,490
Parks Lifecycle Funding 50,904
Election Improvements 20,000
Municipal Court: Temporary Judge
Enhanced Engagement of Underserved Populations
10,000
10,000
City Plan 50,000
-2-
Landmark Rehabilitation Loan
Metro Districts
Affordable Housing Programs
22,866
8,552
93,927
Total General Fund $340,230
Section 3. That there is hereby appropriated for expenditure from prior year reserves
in the Keep Fort Collins Great Fund the sum of TWENTY-SEVEN THOUSAND SEVEN
HUNDRED NINETY-FIVE DOLLARS ($27,795) for the following purposes:
West Nile Virus $2,200
Parks Lifecycle Funding 9,546
Climate Action Plan Messaging and Engagement 16,049
Total Keep Fort Collins Great Fund $27,795
Section 4. That there is hereby appropriated for expenditure from prior year reserves
in the Transportation Fund the sum of FIVE HUNDRED EIGHTY-FOUR THOUSAND
DOLLARS ($584,000) for the following purpose:
Street Maintenance Program $584,000
Section 5. That there is hereby appropriated for expenditure from prior year reserves
in the Capital Projects Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to
be used for the following purpose:
Community Opportunity Funds to Leverage Private Contributions $25,000
Section 6. That there is hereby appropriated for expenditure from prior year reserves
in the Equipment Fund the sum of NINE HUNDRED THOUSAND DOLLARS ($900,000) for
the following purpose:
2018 Hail Damage Insurance Appropriation $900,000
Section 7. That there is hereby appropriated for expenditure from prior year reserves
in the Light and Power Fund the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000)
for the following purpose:
Non-Residential Solar Rebates $100,000
Section 8. That there is hereby appropriated for expenditure from prior year reserves
in the Data and Communications Fund the sum of ONE HUNDRED THREE THOUSAND
DOLLARS ($103,000) for the following purpose:
Electronic Records Search $103,000
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Introduced, considered favorably on first reading, and ordered published this 5th day of
March, A.D. 2019, and to be presented for final passage on the 19th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk