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HomeMy WebLinkAboutMINUTES-04/26/1977-Adjourned' April 26, 1977 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:15 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, April 26, 1977 at 1:15 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Absent: Councilman Bowling. Staff,,Members Present: Brunton, Lanspery, Krempel, Bingman, Kaplan, Constantine and Jacobsen. Also: City Attorney Arthur E. March, Jr. Acquisition of Property at Drake and Lemay for a Fire Station Approved City Manager Brunton reported that an unofficial appraisal of the Vance property at Drake and Lemay indicates $12,000 is a good price. The property in question is a corner, which is best for the City's purposes. The recommendation of the Administration is to purchase the property for $12,000. Councilwoman Gray inquired whether this cost is comparable to other estimated land costs in the area. City Manager Brunton replied that unofficial estimates do indicate that these costs are comparable. Councilman Wilkinson made a motion, seconded by Councilman Suinn to authorize the purchase of the Vance property at the corner of Drake and Lemay at the cost of $12,000 and to authorize the City Manager and City Clerk to execute the purchase agreement. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 42 1 Resolution Adopted Authorizing the Acceptance of a Grant offer from the United States Relating ' to the Development of the Fort Collins -Loveland Airport City Manager Brunton explained that this resolution can now be adopted. The Resolution was included with the April 19, 1977 Council agenda but should technically be read at this meeting. Airport Manager, Kosta Constantine, stated that this is the second grant for the apron project. The contractor, Sterling Paving Company, is in a position to begin the work described in the grant because work done under the first grant is being completed. Mr. Constantine requested that Council authorize City Manager Brunton to sign additional supplemental agreements that are needed during the course of the project. Airport Board Chairman, Evan Stoll, explained that for even minor change orders it has been necessary to go back through both Councils for approval, which delays work for the contractor. Councilman Suinn inquired if such approvals might be by the City Manager in consultation with the Mayor. City Manager Brunton explained that administrative approval of change orders for water and sewer projects is routine. Major changes are always brought back to the Council. Deputy City Clerk Molly Jacobsen then read the resolution at 1 length. Councilwoman Gray made a motion, seconded by Councilman Russell to approve the resolution as read. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 43 1 ' RESOLUTION NO.7?'7'8 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT BE IT RESOLVED by the Mayor and City Council of the City of Fort Collins, Colorado: Section 1. That the City of Fort Collins, Colorado, shall, as Co-sponsor with the City of Loveland, Colorado, accept the Grant Offer from the Federal Aviation Administration dated April 26 , 1977, for the purpose of obtaining federal aid in the development of the Fort Collins -Loveland Municipal Airport, and that such Grant Offer shall be as set forth hereinbelow. Section 2. That the City of Fort Collins, Colorado, does hereby ratify and adopt all statements, representations, warranties, covenants and agreements contained in the Project Application which is incorporated by reference in the said Grant Offer. Section 3. That the Mayor is hereby authorized and directed to execute said Grant Offer on behalf of the City of Fort Collins, Colorado, and the City Clerk is hereby authorized and directed to impress thereon the Official Seal of the City of Fort Collins, Colorado, and to attest said execution. Section 4. That the Grant Offer hereinabove referred to shall be as follows: 1 44- DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT ' l Part 1.Offer Date of Offer April 26, 1977 Fort Collins -Loveland Municipal Airport Project No. 5-08-0023-03 Contract No. DOT-FA77RM-0039 TO: Cities of Fort Collins and Loveland, Colorado (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated March 10, 1977 , for a grant of Federal funds for a project for develop- ment of the Fort Collins -Loveland Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Expand aircraft parking apron (approx. 10,000 s.y.)• all as more particularly .described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM f20"3 PO. 1 t10.721 BYP[RSCOES FAA FORM 1432 PO. S - PAGE 1 45 ~ - -- - ----- - Page 2 of g pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the, Airport ' and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsors adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percent. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $140,654.00 2. The Sponsor shall: (a) begin accomplishment of the Project within sixty (60) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, ' with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay'and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as. to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. 46 IAA FORM 6100-12 PG. 2 n-Ta I SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of S pages 5• The Sponsor shall operate and maintain the airport .as provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project ' Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reasons of race, color, creed or national origin in the use of any of the facilities provided for the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any past of the costs of the Project unless this Offer has been accepted by the Sponsor on or before April 30, 1977, or such subsequent date as may be prescribed in writing by the FAA. 8. The Sponsor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant', contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee the following Equal Opportunity Clause. During the performance of this contract, the contractor agrees as follows: ' a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex, or national origin. Such actions shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard. to. race, color, religion, sex or national origin. c. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising 10/20/72 47. rage µ vt o pa{sea the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ' d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by roles,. regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of the said rules, regulations, or order, this contract may be canceled, terminated, or suspended in whole or in part and the contraotor may be declared ineligible for further government contracts of federally assisted construction contracts in -_,cordance with procedures authorized in Executive Order 112;. of September 24, 1965, and such other sanctions may be imposes and remedies invoked as provided in Executive Order 11246 of September 24, ' 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the portion of the sentence immediately preceding paragraph a. and the provisions of paragraph a. through g. in every subcontract or purchase order unless exempted by rules, regulaticna, or orders of the Secretary of Labor issued pursuant to: Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above Equal Opportunity clause with respect to its .own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, 10/20/72 48 the above Equal Opportunity clause is not applicable to any agency, instrLmentality or subdivision of such government which does not participate in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the and the Secretary of Labor in obtaining the compliance ' administering agency of contractors and subcontractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor that it will furnish the administering. agency with the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of, the agency's primary responsibility for securing compliance. The Sponsor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of 24 September 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part III, Subpart D, of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has , been received from the Sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. 9. The Sponsor hereby further covenants that it will not permit any permanent -type structures, other than structures required for aids 'to air navigation and such other structures as may be specifically excepted in writing by the FAA, to be erected on, and that it will cause any existing structures to be removed from, each area identified on the Exhibit "A" as "clear zone" or any portions thereof, concerning which the Sponsor has acquired a fee interest with federal financial assistance, irrespective of whether such structures constitute an obstruction to air navigation. 10. By its acceptance hereof, the Sponsor hereby covenants that to the extent it has or may have either present or future control over .each area identified on the Exhibit "A" as "clear zone", and unless exceptions to or deviations from the following obligations have been granted to the Sponsor in writing by the FAA, it will clear said area or areas of any existing structure or any natural growth which constitutes an obstruction to air navigation with the standards established by Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations; and the Sponsor further covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent creation of obstructions within said standards. 10/2U/72 49 page 6 of 8pages ' 11. Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscrimin- story and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such class- ification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities; provision (A) above, shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision B above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975•" ' 12. It is understood and agreed that no part of the Federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or:under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. 13. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, a. The sponsor hereby stipulates that any facility to be utilized in per- formance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. b. The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308.0f the Federal Water Pollution Control Act and all regulations issued thereunder. p. The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of -or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities. d. The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria ' and requirements in these subparagraphs a through d. Page 6' (Rev. 8/11/76) - 50 • t Page 7 of 8 pages 14. The sponsor will send a copy of all invitations for bide, advertised or negotiated, for concessions or other businesses at the airport to the Director, Dallas Regional Office of Minority Business Enterprise (OMBE), 1412 Main Street, Dallas, Texas 75202. The sponsor will die- close and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. Compliance with the foregoing will be deemed to constitute compliance by the sponsor with requirements of 49 CFR 21 Appendix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. 15. The grantee agrees to effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this Agreement. For the purposes of this provisiion, "Minority Business Enterprise" means a business 'enter- prise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include, but. are not limited to, blacks not of hispancis origin; persons of hispanic origin; Asians or Pacific Islanders; American Indians, and Alaskan natives. ' Grantee further agrees to comply with such regulations as may be.issued by the Federal Aviation Administration to implement Section 30 of the Act. 16. The areas of land or water, or estate therein or rights in buildings . required by the Federal Government for the activities set forth in Paragraph 27 of Part V of the Application for Federal Assistance shall be as set forth in Special Condition 16 contained in the Grant Agreement for ,Project No. 5-08-0023-02, which said condition is incorporated and made a part hereof by reference. 51 rage w vi a pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application -incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATIOADMINISTRATION By Chief, Denver Airports District office . ......................... Part 11-Acceptance The City of Fort Collins, Colorado does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this ...................... day of .......... APril....� ....././.. , 19. ».. , Cityr9olpradoj By/ ........................................... (SEAL-)- _ !, r.r�t Jiitle................ *Y.4;....................... Title:.......... . City Clerk .... . ......... CERTIFICATE COF/SPONSOR'S ATTORNEY I, , , . , , acting as Attorney for the .Qity..of. Fort. CP!% 1ng,, .CQ. , (herein referred to as Jle "Sponsor") do hereby certify: o-/ That I have examined the foregoing Grant Agreement and the/proceedings taken by said Co -Sponsor relating thereto, and find that the Acceptance thereof by said/Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of. Colorado ; , , , , . , and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation ofhe Sponsor in accordance. with the terms O thereof. / Dated at ..............................this.......... day of...:....... April .......... 19.77.. IAA FORM 0100.13 ►O 411P711 0Y►LRf[O[6 IAA FORM 1432 ►O 4 Title................................... PACE 4 52 ADOPTED this Z6 day of April 1977, for the City of Fort Collins, Colorado. By Title Mayor (SEAL) ATTEST: i • City Clerk Title CERTIFICATE OF CITY CLERK 1, jIUuY A. _l� A� : �' , the duly qualified and acting City Clerk of the City of Fort Collins, Colorado, do hereby certify ' that the foregoing Resolution was duly adopted at a (Vegu}ar-) (special) meeting of the Fort Collins, Colorado, City Council held on the art, day of April , 1977, and that said Resolution has been compared by me with the original thereof on file in my office and is a true copy of the whole of said original. IN WITNESS WHEREOF, I have hereunto set my Jand and the Seal of the City of Fort Collins, Colorado, thisday of April_, 1977. By Title tepw: Y City Clerk 4191 Councilman Wilkinson made a motion to authorize the City Manager to sign change orders and construction pay estimates. (This ' motion was withdrawn after discussion.) City Manager Brunton explained that he already has authority under the Charter to approve such change orders. Other Business 1. City Manager reported that in the case of Elizabeth Enright versus Jeff Groves of the FCPD, the courts have upheld punitive damages against the police officer and the City of Fort Collins. These punitive damages are approximately $5,677.59, and interest is $1.11 for each. additional day we do not pay the damages. The City Attorney will sue the insurance company to try and recover the payment for punitive damages which the insurance company has denied is covered under our liability insurance. The City is exploring alternatives such as Greeley's Police Professional Liability Self -Insurance Fund and a joint National League of Cities/ICMA Policy in connection with our total liability insurance package which will be coming up for bid. Punitive damages and public official liability are of major concern. ' The recommendation of. the Administration in the Enright case is that Council authorize the expenditure from the contingency fund to pay the punitive damages with the understanding that the City Attorney attempt to recover this payment from the insurance company. City Attorney March briefly spoke to the case and the punitive damages involved. Councilman Russell inquired what would be the chances of collecting from the insurance company. Councilman Russell made a motion, seconded by Councilwoman Gray to authorize payment of the punitive damages in the Enright case and to authorize the City Attorney to bring suit against the insurance company to recover the costs. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 2. Deputy City Clerk Molly Jacobsen read a proclamation declaring Tuesday, May 3, 1977 to be Circus Day. Dick Cook of the Foothills Sertoma Club received the proclamation and presented the Councilmembers with children's tickets to the circus. 54 3. Mayor Bloom noted with thanks that Lone Star Steel has t donated $1,100 for free youth tennis clinics through the week of July 11. Adjournment There being no further business to come before the Council, the Mayor declared the meeting adjourned to Tuesday, May 3, 1977 at 4:30 P.M. ATTEST: Deputy Deputy ityClttk R, J 55 1