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HomeMy WebLinkAbout006 - 01/21/2020 - MAKING APPROPRIATIONS FOR THE 2020 CLIMATE ACTION PLAN MITIGATION AND RESILIENCE PROJECTS AND RELATEORDINANCE NO. 006, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS FOR THE 2020 CLIMATE ACTION PLAN MITIGATION AND RESILIENCE PROJECTS AND RELATED ART IN PUBLIC PLACES WHEREAS, Fort Collins Electric Utility and Energy Services teams collaborate closely on planning, implementation and operations in support of community Climate Action Plan (CAP) goals, including 100% renewable electricity (100RE) in ten years, while maintaining the City's historic reliability and affordability; and WHEREAS, during the 2019/20 Budgeting for Outcomes (BFO) process, portions of the CAP opportunity package were revised, including reduction to the "distribution transformer" offer (Offer 8.70), which required deferment of certain planned Electric Utility transformers purchases, and reduction of "commercial solar rebates" (Offer 9.92), which limited the rebates to 25% of program forecasts; and WHEREAS, Electric Utility staff has identified unspent resources in the Light & Power fund following completion of 2019 capital projects, which monies are available for redeployment to support projects in 2020, including accelerating transformer replacement deferred after revision of Offer 8.70 and issuing additional commercial solar rebates curtailed after revision of Offer 9.92; and WHEREAS, staff similarly has identified unspent resources in system additions and operations and maintenance (O&M) accounts that are also available for appropriations to support electric system reliability and resiliency; and WHEREAS, staff has identified over $6,000,000 in electric system improvements that can be completed in 2020 through redeployment of $3,729,759 of unspent 2019 Light & Power reserves, the locations for which are depicted on a GIS map posted on the Utility Services website, including the following: • electric distribution cable system replacements to improve distribution system reliability; • cable diagnostic testing equipment; • electric distribution system connection for Mail Creek Crossing, Strauss Cabin, Fox Hills, and Blehm annexation areas; and • conversion of overhead electric distribution system areas; and WI i EREAS, staff also recommends appropriating a portion of the unspent funds toward Energy Services projects that advance the City's 2020 Energy Policy, including the following: • enhancing the commercial solar incentive budget (bringing the total to $365,000), to address received 2020 project affidavits and develop eight additional sites, adding up to one megawatt (MW) of capacity toward the 2020 Energy Policy 20 MW local solar target; I -1- • realigning 2020 activities to leverage Platte River Power Authority funding to enhance Bring Your Own Thermostat offers, installing Grid Interactive Water Heaters in low income customer premises, engaging battery customers, collaborating with peer utilities to customize carbon -based incentives, and expanding electrification incentives; and WHEREAS, the proposed redeployment of 2019 Light & Power Fund reserves benefits Electric Utility ratepayers, as required by Article XII, Section 6 of the City Charter, by leveraging existing resources to complete distribution system renewals and replacements to improve overall system reliability and resiliency in the current budget cycle, rather than postponing such system enhancements; and WHEREAS, this appropriation further benefits Electric Utility ratepayers, as required by the City Charter, and serves the utility purpose of enabling distribution system enlargements and betterments to improve overall grid flexibility and beneficial electrification for all customer rate classes, in tandem with the public purpose of retiring carbon -based energy reliance in alignment with community CAP goals; and WHEREAS, in 1995, the City Council adopted Article XII of City Code Chapter 23 to establish a program to acquire, exhibit and maintain art in public places, to be funded by contributions in Council appropriations for capital projects, including those by its utilities, equal to 1 % of project construction costs; for the City's utilities this contribution is capped at a total of .5% of each utility's "budgeted operating revenue" (the "APP Ordinance"); and WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of the eligible appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program; and WHEREAS, contributions to Art in Public Places for each Utility is kept and spent in such Utility's own fund, except for maintenance, administration, repair and display costs pursuant to City Code Section 23-303; and WHEREAS, the APP Ordinance requires this appropriation to include a 1 % contribution for Art in Public Places on only the eligible portion ($1,637,759) of the total appropriated amount ($3,729,759) resulting in a total APP appropriation of $16,379, allocated between artwork and operation and maintenance; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Light & Power Fund and will not cause the total amount appropriated in the Light & Power Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal -2- year; 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 capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, in accordance with Article V, Section 10 of the City Charter, the appropriation of reserves for the Project from the Light & Power Fund and the transfer of a portion of those unexpended and unencumbered appropriated funds to the APP program established by City Code Section 23-304(a) will be used for Light & Power purposes and improvements in connection with the Project. 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 Light & Power Fund the sum of THREE MILLION SEVEN HUNDRED FOURTY-SIX THOUSAND ONE HUNDRED THIRTY-EIGHT DOLLARS ($3,746,138) for 2020 Climate Action Plan Mitigation and Resilience Projects and appropriated therein as follows: • 2020 Climate Action Plan Mitigation & Resilience Projects • Art in Public Places Project (Artwork) • Art in Public Places Project (transfer to Cultural Services Fund for APP Operations) • Art in Public Places Project (transfer to Cultural Services Fund for APP Maintenance) TOTAL $3,729,759 12,775 3,276 328 $3,746,138 Section 3. That the unexpended appropriated amount of THREE THOUSAND TWO HUNDRED SEVENTY-SIX DOLLARS ($3,276) in the Light & Power Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations. Section 4. That the unexpended appropriated amount of THREE HUNDRED TWENTY-EIGHT DOLLARS ($328) in the Light & Power Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. -3- Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2020, and to be presented for final passage on the 211st day of January, A.D. 2020. ATTEST: City Cl yor Passed and adopted on final reading on the 21 st day of January, A.D. 2020. ATTEST: Mayor -4- Account #: FTC-003160 FORT•COLLINS Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on 1 CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 Ad#:0003992211 P O : 1/21 Ordinances # of Affidavits :1 This is not an invoice STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER I, being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state; that the notice or advertisement, of which Ihe annexed is a true copy, has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the publication of said notice was contained in the issue of said newspaper on 01/12/20 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishingegal notices and advertisements within the meaning of the laws of the State of Colorado. Subscribed and sworn to before me, within the County of own_ State of Wisconsin this 13th of January 2020. Legal Clerk Notary Public f\OTAR }- — — PUBS - "i//,,JII'11l0' Notary Expires Legal No.0003992211 Affidavit Prepared \Icmday. January I. 2020 9:09 am NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday, January 7,2020, passed and adopted the following ordinances on first rending. These ordinances will be presented for final passage on January 21, 2020: ORDINANCE NO. 001, 2020 OF THE COUNCILO OF TI-I CITY OF FORT APPROPRIATING GRANT REVENUE FROM THE ED EIGHTH JUDICIAL DISTRICT VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICE ES VICTIM SERVICES UNI ORDINANCE NO. 002, 2020 OF THE CO NCILO OF THE CITY OF FOAPPROPRIATING GRANT REVENUE FROM TED THE COLORADO DIVISION OF CRIMI- NAL JUSTICE UNDER THE FEDERAL VICTIM OF CRIME ACT IN THE GENERAL FUND FOR THESERV- ICES FORT COLLINS POLICE VICTIM SERVICES UNIT ORDINANCE NO. 003, 2020 OF THE COUNCIL OF THE CITY OF FORT APPROPGRANIT NG REVENUE UNANTICIPATED AND' AUTHORIZING TRANSFERS IN THE GENERAL FUND FOR THE ICES RADON PROGRAM MENTAL SERV- ICES ORDINANCE NO. 004, 2020 OF THE COUNCIL O OF THE CITY OF FORT MAKING SUPPLEMENTAL APPRO- PRIATIONS TO BE EXPENDED AS LOANS TO UTILITY SERVICES CUS- TOMERS UNDER GTHE EPIC LOAN PRO ORDINANCE NO. 005, 2020 OF THE COUNCILO OF THE CITY OF FORT M PING A AT ON FOR TIHE EPIC LOANENTAL PROGRAM FROM UNAPPROPRIATED PRIOR YEARS RESERVES IN THE LIGHT & POWER FUND TO MAKE DEBT SERVICE PAYMENTS UNDER THE U.S. BANK LINE OF CREDIT ORDINANCE NO. 006, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS FOR THE 2020 CLIMATE ACTION PLAN E MITIGATION AND RE- SI AND RELATED ART IN PUBLIC PLA- CES ORDINANCE NO. 011, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE OF THE CITY OF FORT COLLINS REGULAT• ING RETAIL MARIJUANA BUSINESSES TO CLARIFY AND ALIGN CITY CODE WITH STATE LAW ORDINANCE NO. 012, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-1130F THE CODE OF THE CITY OF FORT COLLINSTO AUTHORIZE THE CITY MANAGER TO APPROVE SUBLEASES OF CITY PROPERTY ORDINANCE NO. 007, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING FEDERAL SUR- FACE TRANSPORTATION BLOCK GRANT FUNDS BY THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE TAFT HILLHORSETTOOTH TO HARMONY T ORDINANCE NO. 008, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING REGIONAL TRANS- PORTATION CAPITAL IMPROVE- MENT EXPANSION FEES AND AU- THORIZING TRANSFERS OF APPRO- PRIATIONS FOR THE TAFT HILL IMPROVE MENTS PROJECT-HORSETOOTH TO HARMONY AND RELATED ART IN PUBLIC PLACES ORDINANCE NO. 009, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS TO PRO- VIDE A SALES TAX EXEMPTION FOR MOBILE HOMES ORDINANCE NO. 010, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE XVI OF THE CODE OF THE CITY OF FORT COLLINS REGULAT- ING MEDICAL MARIJUANA BUSINESSES TO CLARIFY AND ALIGN CITY CODE WITH STATE LAW ORDINANCE NO. 013, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN PROPERTY RIGHTS NECESSARY FOR ACCESS IN CON- NECTION WITH PHASE I (PERMIT- TING AND DESIGN) OF THE HALLIGAN WATER SUPPLY PROJ- ECT The full text of these ordinances can be found at http:I/fcgov.comtpublicnotices or by calling the City Clerk's Office at (970) 221.6515. 0003992211 The Coloradoon Jan 9, 2020 Account #: FTC-003160 FORT•COLLINS Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins City Courn STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 Ad#:0004017320 P O : 1/21 Second Reading # of Affidavits :1 This is not an invoice I, being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and staff; That the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a suppletnent thereof; that the publication of said notice was contained in the issue of said newspaper on 01/26/20 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United, States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. (eabt- Subscribed and sworn to before me, within the County of Brown, State of Wisconsin this 26th of January 2020. Dtgito cf1+ Legal Clerk Notary Public Notary Expires Legal No.0004017320 Affidavit Prepared SuntIay..Ianuary 26. 2020 5:I5 am NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday, January 21, 2020, passed and adopted the following ordinances on second reading: ORDINANCE NO. 001, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE EIGHTH JUDICIAL DISTRICT VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO. 002, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO DIVISION OF CRIMINAL JUSTICE UNDER THE FEDERAL VICTIM OF CRIME ACT IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO. 003, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE AND AUTHORIZING TRANSFERS IN THE GENERAL FUND FOR THE ENVIRONMENTAL SERV- ICES RADON PROGRAM ORDINANCE NO. 004, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS TO BE EXPENDED AS LOANS TO UTILITY SERVICES CUSTOMERS UNDER THE EPIC LOAN PROGRAM ORDINANCE NO. 005, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION FOR THE EPIC LOAN PROGRAM FROM UNAPPROPRIATED PRIOR YEARS RESERVES IN THE LIGHT & POWER FUND TO MAKE DEBT SERVICE PAYMENTS UNDER THE U.S. BANK LINE OF CREDIT ORDINANCE NO. 006, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS FOR THE 2020 CLIMATE ACTION PLAN MITIGATION AND RESILIENCE PROJECTS AND RELATED ART IN PUBLIC PLACES ORDINANCE NO. 007, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING FEDERAL SURFACE TRANSPORTATION BLOCK GRANT FUNDS ADMINISTERED BY THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE TAFT HILL IMPROVEMENTS PROJECT-HORSETOOTH TO HARMONY ORDINANCE NO. 008, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING REGIONAL TRANSPORTATION CAPITAL IMPROVEMENT EXPANSION FEES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE TAFT HILL IMPROVEMENTS PROJECT-HORSETOOTH TO HARMONY AND RELATED ART IN PUBLIC PLACES ORDINANCE NO. 009, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS TO PROVIDE A SALES TAX EXEMPTION FOR MOBILE HOMES ORDINANCE NO. 010, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE XVI OF THE CODE OF THE CITY OF FORT COLLINS REGULATING MEDICAL MARIJUANA BUSINESSES TO CLARIFY AND ALIGN CITY CODE WITH STATE LAW ORDINANCE NO. 011, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE OF THE CITY OF FORT COLLINS REGULATING RETAIL MARIJUANA BUSINESSES TO CLARIFY AND ALIGN CITY CODE WITH STATE LAW ORDINANCE NO. 012, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-113 OF THE CODE OF THE CITY OF FORT COLLINSTO AUTHORIZE THE CITY MANAGER TO APPROVE SUBLEASES OF CITY PROPERTY ORDINANCE NO. 013, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN PROPERTY RIGHTS NECESSARY FOR ACCESS IN CONNECTION WITH The full text of these ordinances can be found at http://fcgov.corrUpublicnotices or by calling the City Clerk's Office at (970) 221-6515. 0004017320 Coloradoan Jan 26, 2020