HomeMy WebLinkAbout046 - 04/20/2021 - MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING PRIOR YEAR RESERVES, AND AUTHORIZING TRANSFER OF E ORDINANCE NO. 046, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING PRIOR YEAR
RESERVES, AND AUTHORIZING TRANSFER OF EXISTING APPROPRIATIONS
FOR POST-FIRE WATERSHED RESTORATION TREATMENTS AND OPERATIONAL
COSTS ASSOCIATED WITH TREATING FIRE-IMPACTED WATER SUPPLIES
WHEREAS, during the 2020 wildfire season, nearly 400,000 acres of landscape burned in
critical watersheds through which the Cache La Poudre River, the Colorado-Big Thompson (CB-
T) system, and associated high mountain reservoirs supply water to Northern Colorado
communities, including Fort Collins, Greeley, and Larimer County; and
WHEREAS, following forest fires like the 2020 Cameron Peak and East Troublesome
wildfires, flash flooding is more frequent, leading to increased ash deposits and sedimentation in
rivers, debris flows, and overall degradation of water quality, requiring municipal water systems
operators incur significant additional water treatment expenses for remediation measures; and
WHEREAS, City Utilities staff has estimated $1,000,000 in unanticipated operating and
capital costs for the City's Water Treatment Facility to address the impacts of the 2020 wildfires,
which total is anticipated to be adjusted as the impacts of the Cameron Peak and East Troublesome
fires on the City's water quality and water supply are revealed, priority work is identified, and
projects are scheduled; and
WHEREAS, after the 2020 wildfire season, regional stakeholders, including Fort Collins
and Greeley, prepared an initial watershed assessment of post-fire conditions to identify priority
areas for regional post-fire treatments and to explore options to reduce impacts on individual
municipal water systems; and
WHEREAS, this effort identified 18,000 acres of moderate to severely burned areas
suitable for treatments (e.g., aerial wood shred mulching, straw erosion wattles, sediment
catchment basins, and stream grade control structures), at an estimated cost of$19 - $38 million;
and
WHEREAS,based on the watershed assessment,Greeley and Larimer County engaged the
Natural Resources Conservation Service(MRCS)and entered into agreements for federal financial
assistance through the Emergency Watershed Protection (EWP) assistance program; and
WHEREAS, an intergovernmental agreement negotiated by Fort Collins Utility staff,
Greeley, and Larimer County to establish a cost-sharing arrangement to complete the post-fire
treatments approved under the EWP assistance program("Post-Fire Watershed Restoration IGA"),
for adoption with second reading of this Ordinance; and
WHEREAS, Utility staff has estimated, prior to EWP program reimbursements and
including anticipated local match requirements, the City's share of proposed post-fire watershed
treatments and associated costs will be approximately $4,000,000, including $3.7 million to
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address up to 7,500 high priority acres through aerial wood mulching; $265,000 for wattles,stream
grade control, and sediment catchments; and $35,000 for project management support; and
WHEREAS, Utilities staff has identified approximately $600,000 in unencumbered
revenues in the Water Fund, based on water rates City Council approved under Ordinance No.
140, 2020 (November 17, 2020), along with $1,800,000 in unused funds in the Horsetooth Outlet
Project,and operating revenues in the Water Fund that exceeded the projected 2020 budget,which
sums are available to fund initial post-fire watershed restoration treatments and Water Utility
wildfire-related operational costs; and.
WHEREAS, Utilities staff accordingly has recommended Council approve supplemental
appropriation of $1,000,000 for unanticipated operating and capital costs at the City's Water
Treatment Facility attributable to 2020 wildfires, including $36,000 to adjust the budgeted
payment in lieu of taxes and franchise (PILOT) to reflect 6% of the increased operating revenues,
and $4,000,000 for post-fire emergency watershed treatments and costs under the pending Post-
Fire Watershed Restoration IGA; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and benefits Water Utility rate payers by proactively addressing impacts of recent
wildfires on City water utility treatment facilities and operations, and leveraging regional and
federal financial and in-kind resources to protect essential water basins and water quality, thereby
curbing utility operating costs that may otherwise require sooner water service rate increases; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, 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, Article V, Section 9 of the City Charter further 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 City Manager has recommended the appropriation from anticipated
revenues described herein and determined that this appropriation is available and previously
unappropriated from the Water Fund and will not cause the total amount appropriated in the Water
Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund
during any fiscal year, including amounts otherwise payable to the General Fund for PILOT; and
WHEREAS, the City Manager has recommended the appropriation from prior year
reserves described herein and determined that this appropriation is available and previously
unappropriated from the Water Fund and will not cause the total amount appropriated in the Water
Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund
during any fiscal year; and
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WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, 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 capital project in which the amount appropriated exceeds
the amount needed to accomplish the purpose specified in the appropriation ordinance; and
WHEREAS, the City Manager has recommended the transfer of $1,800,000 from the
Horsetooth Outlet capital project to the Watershed Recovery project and determined that the
proposed transfer is from a capital project account 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 for expenditure from anticipated revenues
in the Water Fund the sum of FIVE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
($564,000) for post-fire watershed restoration treatments and operational costs associated with
treating fire-impacted water supplies.
Section 3. That there is hereby appropriated for expenditure from anticipated revenues
in the Water Fund the sum of THIRTY-SIX THOUSAND DOLLARS ($36,000) for payment in
lieu of taxes and franchise (PILOT) to the City's General Fund.
Section 4. That there is hereby appropriated for expenditure from prior year reserves
in the Water Fund the sum of TWO MILLION SIX HUNDRED THIRTY-SIX THOUSAND
DOLLARS ($2,636,000) for post-fire watershed restoration treatments and operational costs
associated with treating fire-impacted water supplies.
Section 5. That the unexpended and unencumbered appropriated amount of ONE
MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000) is hereby authorized for
transfer from the Horsetooth Outlet capital project account to the Watershed Recovery project and
appropriated therein.
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Introduced, considered favorably on first reading, and ordered published this 16th day of
March, A.D. 2021, and to be presented for final passage on the 20th day of April, A.D. 2021.
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Passed Passed and adopted on final reading on the th day of April, A.D. 2021.
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