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HomeMy WebLinkAboutMINUTES-10/27/2009-AdjournedOctober 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 staff s 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 by I-25 on the east, Harmony Road on the north, the Fossil Creek Reservoir 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 Readingfrom 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 subsequentzone 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 II permit. 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. " 11161" 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 transferred from 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: 15VA 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 $1,708,582 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 994 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 appropriatedfor unanticipated operation expenses from reserves that are set aside for that purpose. This Ordinance appropriates prior year reserves and unanticipated revenue in various Cityfunds, 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. $30, 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. $6, 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. $65,687 - CSU Football - Contract pricing with CSU to cover overtime costs. associated with providing security during football season. d. $12,255 - 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. $30, 000 - Traffic Surcharge Reserve - Traffic department costs associated with traffic calming radio ads. This appropriation repays the funds transferred from the Patrol Division to Traffic Operations since the funds were not included in the 2009 budget. f. $7, 000 - Seatbelt Enforcement Grant - FCPS has been awarded a grant from the State of Colorado Department of Transportation to be used for seatbeltcompliance enforcement. g. $8, 500 - DUI Enforcement Grant - FCPS was approved for a grant for "Checkpoint Colorado" for 2009 checkpoint expenses. The grant pays for officer overtime, on site phlebotomist service and traffic flow engineering services. h. $5,168 - The DBA reimbursed FCPS for overtime incurred to patrol the Brew Fest. i. $117,023 -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. $14, 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 $9,880 - 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 $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 thatpurchase 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 (DU[ 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 FOR: Grant Expenses $4, 784 $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-PAN services 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) S7,500 FOR: Cable 14 Expenses S7,500 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 $ 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 $ 12, 000_ FOR: Cable 14 Expenses S12,000 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 $15,200 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. RECREATION FUND The Recreation Division administers several restricted revenue accounts for various programs. Revenues for these programs include grants, fiend -raising events and activities, and sponsorships. The following items appropriate specific expenditures from 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 $10, 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 $13, 000 FOR: Youth Sports $13,000 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 Larimer 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 $34,1 5 0 FOR: Vida Sana $34,150 4. Additional grant funding 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 $3, 000 FOR: Youth Football $3, 000 �. 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 FOR: Alternative Programs C. DATA & COMMUNICATIONS FUND October 27. 2009 $3, 000 1. The City's Development TrackingSystem (DTS) isfundedthrough 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 FOR: Development Tracking System D. LIGHT & POWER FUND $99, 772 $99, 772 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 of Energy (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 Ciry of Fort Collins. Ordinance No. 023, 2009, approved by the City Council in March 2009, appropriated the unanticipated grant revenue from DOLA ($778, 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 October 27, 2009 $430,000 in unanticipated CFNC grant revenue for expenditure in the Utilities Light & Power Fund's DOLA Grant project. FROM Unanticipated Revenue TO: DOLA-Grant Project E. WATER FUND $430,000 $430,000 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 $28, 000 2. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $531 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 $531 F. WASTEWATER FUND 1. The 2009 Budget Ordinance (Ord. No. 127, 2008) under -appropriated S27, 800 relating to security improvements. An appropriation in this amount is being requested from prior year reserves. FROM Prior Year Reserves $27, 800 FOR: Service Center Improvements $27, 800 2. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $26, 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 $26,200 TO: Service Center Improvements - Capital Project $26, 200 3. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $177 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 $915 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 $915 G. STORMWA TER FUND 1. The 2009 Budget Ordinance (Ord. No. 127, 2008) under -appropriated $3,200 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 $28,800 TO: Utility Service Center Phase 2 - Capital Project $28,800 3. The 2009 Budget Ordinance (Ord. No. 127, 2008) incorrectly appropriated $257 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 $257 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 $1,362 TO: Canal Importation Basin Improvements - Capital Project $1,362 IL 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. $I50, 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. October 27, 2009 TRANSFER FROM.- Regulatory & Government Affairs - Operations $150, 000 TO: System Additions & Replacements - Capital Project $150, 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 994 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 $116,237. In the future, this item will be included in the biennial budget. FROM: Unanticipated Revenue (special assessment) $116,237 FOR: Repay Developer $116,237 J. TRANSPORTATION SER VICES 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 $875. 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 $400 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 $3, 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) $108, 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 $110, 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 Natural Area -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 as 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 Citypurchased 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 $600, 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 budgetprocessfor this project; it only corrects the omission ofthe funds that were to be appropriated into the project. Local matching fiords of $300, 000 were also identified and approved by Resolution 2008-016. This item also transfers these local matchingfunds of$300,OOOfrom the Pedestrian Plan/ADAproject 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 matching funds 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 S1,200,000 TO: Mason Corridor Project - BRT 1$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 Crossingproject. Available funds have been identif ed in the BOB Pedestrian Plan/ADA Project (S150, 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 e 463 October 27, 2009 FOR: BCC Pedestrian Plan Project $ 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) $241,797 FOR: Department of Energy - RDS1 Project $241, 797 10. The City of Fort Collins has received a $1.3 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 of Local Affairs (DOLA). This ordinance (See item D.3.) appropriates the Bohemian Foundation contribution via the Community Foundation of Northern Colorado in the amount of $430, 000. In addition, the Operations Services department is required to contribute $110,928 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) $110,928 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. FRO11P Prior Year Reserves (Capital Projects Fund) $500,000 FOR: Transfer to Transportation Fund $500, 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 of the Street Assessment is $110, 000. To fund this assessment a transfer will be made from the Capital 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) S20,000 FOR: Natural Areas Program S20,000 M. CAPITAL IMPROVEMENT EXPANSION FUND 1. In 2007, Council authorized the appropriation ofavailable library impactfees 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. i 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 staffs memorandum for this item. ii[�XK/f�►I%�JI��T//T/u/I�i1 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 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 whether or not to implement the standards. The utilitymay 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: J • 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 Incentive 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, State, and regional plans; and (B) adopt policies establishing cost-effective energy efficiency as a priority resource. " Platte River Power Authority (PRPA) files 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 authorityfor 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 S15. 6 million in stimulus fundingforAdvanced Metering Infrastructure (AM]). AMI 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: 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 requestfor 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. The meeting adjourned at 6:30 p.m. ATTEST: ^ City Clerk Adiournment 469