HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2022 - ITEMS RELATED TO MOBILE HOME PARK BACKFLOW PREVENT Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY April 19, 2022
CDNS-Planning
STAFF
JC Ward, Senior Planner
Emily Olivo, Neighborhood Liaison
Caryn Champine, Director of PDT
Ted Hewitt, Legal
SUBJECT
Items Related to Mobile Home Park Backflow Preventer Project.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 044, 2022, Making a Supplemental Appropriation of Larimer County
Fiscal Recovery Funds to the City to Support the Mobile Home Park Backflow Preventer Project.
B. Resolution 2022-043 Authorizing the Execution of an Intergovernmental Agreement with Larimer
County Regarding the Mobile Home Park Backflow Preventer Project.
The purposes of these items are to approve contract execution and appropriation of Larimer County ARPA
funding of $132,500 awarded to the City’s Neighborhood Services department for mobile home park backflow
preventer purchase and installation to improve community water quality and avoid infrastructure costs from
being charged to mobile home park residents.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The installation of backflow preventers helps to protect drinking water for the larger community. Under the
federal Safe Drinking Water Act, mobile home parks (MHPs) that distribute drinking water and rebill more than
25 households for water services are considered public water suppliers (“PWSID”) and must employ a certified
water operator, conduct water quality monitoring, and install backflow preventers at conn ection points to
community water supplies operated by other utility providers. Backflow preventers ensure clean drinking water
flows in one direction, to the residences, and cannot flow backwards from privately -owned infrastructure into
community water supplies.
In 2021, the Colorado Department of Public Health and Environment (“CDPHE”) began notifying local utility
providers that they must ensure compliance with PWSID regulations. In Fort Collins and its GMA, there are 17
MHP’s that would benefit from installation of a backflow preventer. The estimated average cost for backflow
preventers is $15,000-20,000 per MHP, depending on existing infrastructure and labor costs. Historically,
infrastructure and maintenance costs are charged to residents as a direc t assessment or as a permanent lot
rent increase. By accessing federal funds for this required upgrade, staff is not only protecting water quality for
the broad community, but also helping keep mobile home lot rents lower and more affordable. Facilitating the
distribution of this funding also strengthens the relationship among the City, County, and mobile home park
owners by exemplifying a willingness to offer support in creative ways, partner on long -term solutions, and
anticipate future needs of the MHP’s to help maintain affordability for residents.
Agenda Item 11
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NEXT STEPS
Of the $265,000 requested from Larimer County, $132,500 is being awarded, which will fund backflow
preventers and installation for an estimated 8-9 MHP’s, meeting half of the need. The County has provided
funding with the request that Neighborhood Services seek City ARPA dollars to cover the other half.
Neighborhood Services is submitting a 2023/24 BFO offer for the remaining $132,500 needed to serve eligible
MHP’s to come from the City’s ARPA fund.
An important benefit of this project for the City is our ability to leverage the funding as a negotiated investment
opportunity to MHP’s, which could set contingencies on use of the funding to offer additional benefit to
residents such as temporary rent stabilization, other drinking water infrastructure improvements, water leak
detection and repair, or in-home water quality monitoring.
STRATEGIC ALIGNMENT
Neighborhood Livability & Social Health:
• 1.5 Enhance the quality of life in neighborhoods, empow er neighbors to solve problems, and foster
respectful relations.
• 1.8 Preserve and enhance manufactured housing communities as a source of affordable housing and
create a safe and equitable environment for residents
Economic Health:
• 3.5 Invest in and maintain utility infrastructure and services while ensuring predictable utility rates.
High Performing Government:
• 7.2 Maintain the public trust through a high performing board, as well as organizational transparency, legal
and ethical behavior and regulatory compliance.
• 7.3 Improve effectiveness of community engagement with enhanced inclusion of all identities, languages
and needs.
Housing Strategic Plan:
• Strategy 2: Promote inclusivity, housing diversity, and affordability as community values.
CITY FINANCIAL IMPACTS
City resources will be increased by $132,500 in the General Fund. These funds will be received from Larimer
County ARPA Funds and spent on mobile home park backflow preventer purchase and installation.
PUBLIC OUTREACH
Public outreach related to MHP Backflow Preventer projects will be conducted in tandem with upcoming
property owner, manager, and resident education and participation opportunities following appropriation of
County ARPA funds. Three outreach events are scheduled in April 2022 and annual property manager one-on-
one meetings with staff are being scheduled through June 2022. Feedback from property managers and
owners will shape the program design for funding distribution.
ATTACHMENTS
1. Larimer County Fiscal Recovery Fund Immediate Needs Grant Application 2021 (PDF)
2. Larimer County ARPA Recommendations (PDF)
3. Powerpoint Presentation (PDF)
ATTACHMENT 1
ATTACHMENT 2
Backflow Preventer Project Funding and AgreementApril 19, 2022JC Ward, Senior City Planner, Neighborhood ServicesEmily Olivo, Neighborhood Liaison, Neighborhood ServicesATTACHMENT 3
2Adoption Consideration1. Does Council authorize the execution of the contract with Larimer County related to their award of $132,500 in American Rescue Plan Act Fiscal Recovery Funds to support the Mobile Home Park Backflow Preventer Project? 2. Does Council wish to adopt an ordinance appropriating such awarded Larimer County Fiscal Recovery Funds to Neighborhood Services to support the Mobile Home Park Backflow Preventer Project?
3OverviewNeighborhood Services was awarded $132,500 from Larimer County’s American Rescue Plan Act (“ARPA”) Immediate Needs Grant fund for the MHP Backflow Preventer Project.•Summary of Program: This program will support the purchase and installation of backflow preventers in up to 9 mobile home parks (MHPs) in the City of Fort Collins and Growth Management Area that are required under state and federal law to have them.•Purpose of Program:Preserve water quality in the main drinking water systems of local utility providers and prevent MHP owners from passing costs of the backflow preventer and installation along to residents
4Background• In 2021, local water utility providers were informed by Colorado Department of Health and Environment that they would be assisting with increased enforcement of certain provisions of the federal Safe Drinking Water Act related to mobile home parks that qualify as “public water suppliers.” • MHP’s that provide drinking water to >25 households are considered “public water suppliers” and must:• Employa certifiedwater operator• Conduct regular water quality monitoring, and •Installbackflow preventersat connection points to community water supplies operated by other utility providers• 17 MHPs within in city limits and GMA fall into these criteria
5Program Benefits• Average cost of installation: $15,000-$20,000 per park• Historically, infrastructure and maintenance costs have been charged to residentsBackflow Preventer Project Benefits• Help prevent costs from being passed to MHP residents while protecting water quality for the larger community• Strengthen relationshipsamongCity, County, andmobile home park ownersby offering support in creative ways and partnering on long-term solutions• Support City of Fort Collins Utilities Water Quality Team with coordinating the installation of this project to install water quality monitoring systems on the “City side” of the backflow preventers
6Next StepsNext Steps• County Funds will allow for installation in an estimated 8-9 MHP’s within Fort Collins and its Growth Management Area of the projected 18 total needed• Neighborhood Services is submitting a 2023/2024 BFO offer for $132,500 to fund the other 8-9 MHP backflow preventer projects
7Adoption Consideration1. Does Council authorize the execution of the contract with Larimer County related to their award of $132,500 in American Rescue Plan Act Fiscal Recovery Funds to support the Mobile Home Park Backflow Preventer Project? 2. Does Council wish to adopt an ordinance appropriating such awarded Larimer County Fiscal Recovery Funds to Neighborhood Services to support the Mobile Home Park Backflow Preventer Project?
For Questions or Comments, Please Contact:THANK YOU!JC Ward, Sr. City Planner, Neighborhood Servicesjcward@fcgov.com
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ORDINANCE NO. 044, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF LARIMER COUNTY FISCAL
RECOVERY FUNDS TO THE CITY TO SUPPORT THE MOBILE HOME PARK
BACKFLOW PREVENTER PROJECT
WHEREAS, Larimer County has awarded the City $132,500 from the County’s
American Rescue Plan Act Fiscal Recovery Funds for the City to install approximately eight or
nine water backflow preventers at certain water system connection points with mobile home (the
“Project”); and
WHEREAS, backflow preventers ensure clean drinking water flows in one direction and
wastewater cannot flow backwards from privately-owned infrastructure into community water
supplies; and
WHEREAS, the Colorado Department of Public Health and Environment notified the
City’s water utility that the City must ensure that mobile home parks that distribute drinking
water and rebill more than 25 households for water service must comply with certain
requirements including installation of backflow preventers; and
WHEREAS, the funds for the Project are to be administered by the City pursuant to an
Intergovernmental Agreement with Larimer County, approved through City Council Resolution
XX; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of protecting the City’s drinking water
supply; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current
estimate of actual and anticipated revenues and all other funds to be received during the fiscal
year; and
WHEREAS, the Interim 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 and all other funds to be received in this Fund
during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state or
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private grant or donation or the City’s expenditure of all funds received from such grant or
donation; and
WHEREAS, the City Council wishes to designate the appropriation herein from the
Fiscal Recovery Funds from Larimer County for the Mobile Home Park Backflow Preventer
Project as an appropriation that shall not lapse until the earlier of the expiration of the grant or
the City’s expenditure of all funds received from such grant.
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 new revenue or other funds in the
General Fund the sum of ONE HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED
DOLLARS ($132,500) to be expended in the General Fund for the Mobile Home Pack Backflow
Preventer Project.
Section 3. That the appropriation herein from the Fiscal Recovery Funds from
Larimer County for the Mobile Home Park Backflow Preventer Project is hereby designated, as
authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at
the end of this fiscal year but continue until the earlier of the expiration of the grant or the City’s
expenditure of all funds received from such grant.
Introduced, considered favorably on first reading, and ordered published this 19th day of
April, A.D. 2022, and to be presented for final passage on the 3rd day of May, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of May, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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RESOLUTION 2022-043
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH LARIMER COUNTY REGARDING THE MOBILE HOME PARK BACKFLOW
PREVENTER PROJECT
WHEREAS, in the City and its Growth Management Area there are seventeen mobile
home parks that would benefit from the installation of drinking water backflow preventers; and
WHEREAS, backflow preventers ensure clean drinking water flows in one direction and
wastewater cannot flow backwards from privately-owned infrastructure into community water
supplies; and
WHEREAS, the estimated average cost to install a backflow preventer is $15,000 to
$20,000 per mobile home park, depending on existing infrastructure and labor costs; and
WHEREAS, the City requested an award from the County of $265,000 to install all
needed backflow preventers; and
WHEREAS, Larimer County has awarded the City $132,500 from the County’s
American Rescue Plan Act Fiscal Recovery Funds for the City to install approximately eight or
nine backflow preventers (the “Project”); and
WHEREAS, City staff will seek to submit a 2023/24 budget offer for the remaining
$132,500 needed to serve eligible mobile home parks; and
WHEREAS, the awarded $132,500 for the Project is to be administered by the City
pursuant to an Intergovernmental Agreement (“IGA”) with Larimer County; and
WHEREAS, the City and Larimer County have negotiated the IGA that outlines the
terms and conditions of the use of the funds, which is attached hereto as Exhibit “A”; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or joint
activities with other governmental bodies; and
WHEREAS, City Code Section 1-22 requires the City Council to review and approve
intergovernmental agreements, except under specific exceptions; and
WHEREAS, the City Council has determined that the Project is in the best interests of the
City and that the Interim City Manager be authorized to execute the IGA between the City and
Larimer County in support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council authorizes the Interim City Manager to execute, on
behalf of the City, the Intergovernmental Agreement with Larimer County, in substantially the
form attached hereto as Exhibit “A,” with such additional or modified terms and conditions as
the Interim City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this Resolution.
Section 3. That the City Council hereby authorizes the Interim City Manager to
approve and execute future amendments to the IGA that the Interim City Manager, in
consultation with the City Attorney, determines to be necessary and appropriate to facilitate
completion of the Project, so long as such amendments do not substantially modify the purposes
of the IGA, require contribution of City funds, or otherwise increase the obligations and
responsibilities of the City as set forth in the IGA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of April, A.D. 2022.
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
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