HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2018 - FIRST READING OF ORDINANCE NO. 094, 2018, APPROPRIAgenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY July 17, 2018
City Council
STAFF
Jennifer Shanahan, Watershed Planner
Jody Hurst, Legal
SUBJECT
First Reading of Ordinance No. 094, 2018, Appropriating Unanticipated Grant Revenue From the Colorado
Water Conservation Board and Great Outdoors Colorado in the Natural Areas Fund.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate two grants totaling $300,000 into the Natural Areas 2018 budget.
The first grant of $200,000 was awarded by the Colorado Water Conservation Board (CWCB) through its
Watershed Restoration grant program, and the second is a $100,000 grant awarded by Great Outdoors
Colorado (GOCO) through its Habitat Restoration grant program. The CWCB grant was awarded to support
two related initiatives focused on improving the health of the Poudre River fish communities. Half the grant
($100,000) will fund the installation of a fish ladder on the Timnath Reservoir Inlet Ditch diversion dam. The
second half of the CWCB funds ($100,000) will enable a fish movement monitoring study on the Poudre to
better understand the efficacy of fish ladders. The GOCO grant will support Poudre River and floodplain habitat
restoration at Kingfisher Point Natural Area.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City’s 2017 Poudre Report Card noted that aquatic habitat connectivity and native fish populations are in
poor condition, thus the CWCB grant was sought to support Natural Areas efforts related to improving
vulnerable populations of native plains fishes and the recreational trout fishery.
Grant project #1: Fish passage installation in the Timnath Inlet Ditch diversion dam
The Timnath Reservoir Inlet Ditch (aka Cache la Poudre Reservoir Inlet Ditch), owned by the Cache la Poudre
Reservoir Company (CLPRC) and located downstream of Lemay Avenue, is a major barrier to aquatic habitat
connectivity on the Poudre. The structure is impassable many months of the year due to the structure’s size
and the timing and type of CLPRC’s water right. The City has been working in collaboration with CLPRC for
the past two years to design fish passage on this structure. The design is complete and permits are pending.
The City is working to secure funding beyond this grant for the construction/installation of fish passage in the
Timnath Reservoir Inlet diversion in the fall/winter of 2018/2019.
Grant project #2: Evaluating effectiveness of fish passage - a fish movement monitoring program
Many diversion structures impede upstream movements of fish, and flow fluctuations are sometimes extreme,
especially in base flow periods such as November to March. Fish movements may be restricted by several in-
channel diversion structures that are barriers to fish passage, which ultimately may affect the health of the fish
community. To that end, fish passage structures are proposed to remedy the issue of upstream fish passage,
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but the best placement of new structures and efficacy of existing ones are largely unknown.
With significant effort needed to improve the numerous structures on the Poudre, it would be helpful to better
understand their effectiveness. To that end, $100,000 of these funds will go towards a 3-year monitoring
program to monitor the makeup of the fish community, background fish movement rates in various habitat
types, and passage rates of fish over existing diversion dams via fish passage devices.
Grant project #3: Poudre River and floodplain habitat restoration at Kingfisher Point Natural Area
As a part of its 2015 Natural Areas Restoration Master Plan, the Natural Areas Department (NAD) is planning
to restore river and floodplain habitat along a one half-mile stretch of the Poudre River through Kingfisher Point
Natural Area (between Lemay Avenue and Timberline Road). The project is intended to provide restored in-
river aquatic habitat, naturalized riverbanks, expanded floodplain cottonwood forests, improved floodwater
retention, and create high-quality wetlands. Along with the investment generated from the City’s Open Space
Yes tax and the County’s Help Preserve Open Space tax, GOCO’s matching grant award will support the
procurement of materials and restoration services to bring the project to fruition. The GOCO grant was
awarded in December 2016, the grant agreement was executed with City Council Resolution 2017-002.
CITY FINANCIAL IMPACTS
The City will provide a 100% local match for both grants. Funds are appropriated and available in the Natural
Areas budget for this purpose.
This action has a net positive impact on the City’s financial resources by $300,000 and the ability to make
progress in the goal of improving and sustaining the health of the Cache la Poudre River.
BOARD / COMMISSION RECOMMENDATION
At its March 8, 2018, meeting, the Land Conservation and Stewardship Board unanimously voted to
recommend City Council appropriate the CWCB grant funds of $200,000 into the Natural Areas budget.
At its June 13, 2018, meeting, the Land Conservation and Stewardship Board unanimously voted to
recommend City Council appropriate the GOCO grant funds of $100,000 into the Natural Areas budget.
ATTACHMENTS
1. Land Conservation and Stewardship Board minutes, March 8, 2018 (PDF)
2. Land Conservation and Stewardship Board minutes, June 13, 2018 (PDF)
Land Conservation & Stewardship Board
March 8, 2018
Minutes Excerpt
Appropriation of Grant Revenues
Jennifer Shanahan, Natural Resource Watershed Planner, reminded the board of the 2017
River Health Report Card for the Cache la Poudre River. The Report Card indicates two
elements of the river ecosystem in poorest conditions on the river are connectivity of aquatic
habitat and native fish.
Jennifer is requesting to appropriate a recently awarded grant totaling $200,000 from the
Colorado Water Conservation Board to support work to improve the health of the fisheries in the
Poudre River. This grant would fund two projects. The first project is at Timnath Inlet Ditch
diversion dam which is currently a major barrier to aquatic habitat connectivity on the Poudre.
The grant would fund design of a fish passage (ie. a fish ladder) on this structure. The second
project is a fish movement monitoring program to better understand the effectiveness of and need
for fish passage structures in the river.
David Tweedale made a motion that City Council appropriate the recently awarded grant
funds of $200,000 into the Natural Areas Budget for use towards two projects that work to
improve the health of Poudre River fish communities. The LCSB would like to commend
NAD staff for seeking grant funding for this important project.
Marcia Patton-Mallory seconded the motion.
The motion was unanimously approved.
ATTACHMENT 1
Land Conservation & Stewardship Board
Minutes Excerpt
June 13, 2018
Kingfisher Restoration Plan Update
Rachel Steeves, NAD Environmental Planner, offered a couple of maps and pictures of the
restoration at Kingfisher Natural Area. Rachel explained the primary purpose of the restoration
is to improve the hydrologic function and aquatic connectivity of the Poudre River. The second
purpose is to create wetlands and restoration of habitat in and around the open water of Gadwall
Pond. The project includes preparation for future visitor amenities such as a parking lot, a loop
trail off Mulberry and possible pedestrian bridge connection to the Poudre Trail.
Discussion:
Joe asked where the funding for the restoration project was coming from. Rachel reported
funding from Natural Areas Capital restoration, and $100,000 to come from a GOCO Habitat
Restoration grant.
Rachel provided a timeline for the restoration project. In mid-July we will work on the increase
of wetland acreage at Gadwall Pond by 2.4 acres. Provided the FEMA permit application goes
through, we can start a little earlier, otherwise it will be September or October before the
floodplain and river channel grading will take place. Planting of riparian areas will take place in
the winter and spring of 2019. The pedestrian bridge is 2020 and the parking lot is slated for
2019.
Joe suggested the LCSB do a walking tour of the McMurry Natural Area and N. Shields Street
Access to get a better idea of progress of those restored areas. Rachel offered a future tour.
DAVID TWEEDALE MADE A MOTION THAT THE LCSB RECOMMENDS THAT
CITY COUNCIL APPROVE AN ORDINANCE TO APPROPRIATE THE RECENTLY
AWARDED GOCO GRANT FUNDS OF $100,000 INTO THE NATURAL AREAS
BUDGET FOR USE TOWARDS THE RIPARIAN RESTORATION PROJECT AT
KINGFISHER POINT NATURAL AREA.
MARCIA PATTON-MALLORY SECONDED THE MOTION
THE MOTION WAS UNANIMOUSLY APPROVED 8-0
ATTACHMENT 2
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ORDINANCE NO. 094, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE
COLORADO WATER CONSERVATION BOARD AND GREAT
OUTDOORS COLORADO IN THE NATURAL AREAS FUND
WHEREAS, the City has been awarded a Colorado Water Conservation Board
(“CWCB”) grant in the amount of $200,000 that will be used to improve the health of the Poudre
River fish communities; and
WHEREAS, the CWCB grant will be used to install a fish ladder on the Timnath
Reservoir Inlet Ditch diversion dam and a fish movement monitoring study on the Poudre River;
and
WHEREAS, the City has also been awarded a Great Outdoors Colorado (“GOCO”) grant
in the amount of $100,000 that will support Poudre River and floodplain habitat restoration at
Kingfisher Point Natural Area; and
WHEREAS, the GOCO grant requires $100,000 of matching funds and the CWCB Grant
requires $200,000 of matching funds, which have been appropriated and are available in the
Natural Areas budget for this purpose; and
WHEREAS, the Land Conservation and Stewardship Board at its regular meeting in
March 2018 voted unanimously to recommend approval of the CWCB grant funds; and
WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens
of Fort Collins and serves the public purpose of conserving land and restoring wildlife habitats;
and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues to be received in that fund during any fiscal year;
and; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
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capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance.
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 unanticipated revenue in the
Natural Areas Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) for
expenditure in the Natural Areas Fund for the installation of a fish ladder on the Timnath
Reservoir Inlet Ditch diversion dam and a fish movement monitoring study on the Poudre river.
Section 3. That there is hereby appropriated from unanticipated revenue in the
Natural Areas Fund the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) for
expenditure in the Natural Areas Fund for Poudre River and floodplain habitat restoration at the
Kingfisher Point Natural Area.
Introduced, considered favorably on first reading, and ordered published this 17th day of
July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of August, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk