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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2022 - SECOND READING OF ORDINANCE NO. 044, 2022, MAKING Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 3, 2022 CDNS-Planning STAFF JC Ward, Senior Planner Emily Olivo, Neighborhood Liaison Caryn Champine, Director of PDT SUBJECT Second 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. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 19, 2022, approves 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 hom e park residents. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 19, 2022 (w/o attachments) (PDF) 2. Ordinance No. 044, 2022 (PDF) 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 connection 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 direct 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. ATTACHMENT 1 COPY Agenda Item 11 Item # 11 Page 2 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, empower 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) COPY -1- 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 private grant or donation or the City’s expenditure of all funds received from such grant or donation; and -2- 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