HomeMy WebLinkAboutMINUTES-03/21/1978-RegularI
March 21, 1978
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council - Manager Form of Government
Regular Meeting - 5:30 P.M.
A regular meeting of the Council of the City of Fort
Collins was held on Tuesday, March 21, 1978, at 5:30
p.m. in the Council Chambers in the City of Fort Col-
lins City Hall. Roll call was answered by the follow-
ing Councilmembers: Bloom, Bowling, Gray, Russell,
St. Croix and Wilkinson.
'Absent: Councilman Suinn.
Staff Members Present: Arnold, Deibel, Kaplan, McGraw,
Bingman, Sanfilippo, Lanspery,
Liley and Lewis.
Also: City Attorney Arthur March, Jr.
Consent Calendar Items
These are items of a routine or non -controversial nature,
on which a unanimous vote of approval is expected. Any-
one may request an item on this calendar be "pulled" off
the Consent Calendar and considered separately. (The
purpose of this calendar is to allow Council to spend
its time and energy on more important items.)
The Consent Calendar presented was as follows:
3. Consider approving the minutes of the adjourned Coun-
cil meeting of March 14, 1978.
4. Second Reading of Ordinance No. 147, 1977, vacating
alleys A, B, and C in the Grandview Addition and al-
leys east of Pearl Street in the Hensel Subdivision.
(Tabled 2/7/78)
This is a vacation of access easements bordering three
sides of the property as requested by neighboring pro-
perty owners. We recommend passage of this ordinance
on second reading.
155
March 21, 1978
5. Pawnborker's License. '
The pawnbroker shop in question is Mister Pawnshop.
A new license is required for this shop because of
an ownership change from a single person to a corpo-
rate status. The police department and staff recom-
mend approval of this application.
6. Resolution Concerning Federal Matching Funds for
Master Signal Control System.
Application has been made to the Colorado Department
of Highways for Urban Systems funding for this mas-
ter control signal system. We have estimated figures
on costs for the project and there are available
matching monies in the Street Program of the 7-year
capital program. We recommend approval.
7. Engineering Design for the Lemay Avenue Extension.
Staff is recommending Centennial Engineering for the
work on this project based upon interviews and col-
lection of data on various firms considered. We re-
commend approval of this engineering contract.
8. Appeal from the Decision of the Zoning Board of Ap-
peals Relating to a Non -conforming Sign Owned by
Wallace R. Noel.
This item was tabled from the last meeting to this
date at the request of the petitioner. The peti-
tioner is again asking to table this item.
The following item was withdrawn from the Consent Calen-
dar at the request of City Manager Arnold:
Item No. 7
The ordinance presented for adoption on second reading
was read by title by City Clerk Verna Lewis as follows:
4. Ordinance No. 147, 1977, vacating alleys A, B, and
C in the Grandview Addition and alleys east of Pearl
Street in the Hensel Subdivision.
1
156
March 21, 1978
' The resolution presented for adoption was read by City
Clerk Verna Lewis as follows:
6. Resolution Concerning Federal Matching Funds for
Master Signal Control System
Councilman Wilkinson made a motion, seconded by Council-
man St. Croix to adopt and approve all items not with-
drawn from the Consent Calendar. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson.
Nays: None.
THE MOTION CARRIED
RESOLUTION 78-20
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CI7Y MANAGER TO ENTER
INTO A FUNDING AGREEMENT WITH THE'STATE
DEPARTMENT OF HIGHWAYS, DIVISION OF
HIGHWAYS, STATE OF COLORADO
FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING
A MASTER SIGNAL CONTROL SYSTEM FOR THE CITY OF
' FORT COLLINS
WHEREAS, the City of Fort Collins is eligible for State Highway
Department Transportation assistance through the Federal Aid Primary Type
II System (Urban Systems); and
WHEREAS, the City has applied for such assistance in connection with
a Master Signal Control System for the streets of the City of Fort Collins;
and
WHEREAS, under the terms of such agreement, the City shall be responsible
for the payment of 26% of the total cost of said project, which amount is
presently estimated to be $78,936.00; and
WHEREAS, it is the determination of the Council of the City of Fort
Collins that said project is in the better interest of the City of Fort
Collins and ought to be completed as soon as possible.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager and the City Clerk be, and they hereby are,
authorized and directed to enter into and execute agreements, subject to
approval as to legal form by the City Attorney, between the City and the
State Department of Highways, Division of Highways, State of Colorado,
pertaining to the project described above.
157
March 21, 1978
Passed and adopted at a regular meeting of the City Council held this '
21st day of March 1978.
FTTEST: Mayor
' ,ty erk
Mayor Bloom stated Council would go back to the item
which was removed from the Consent Calendar:
7. Engineering Design for the Lemay Avenue Extension
Approved.
Following is the City Manager's memorandum on this item:
"we have completed interviews for the selection of an engineering firm for
the design and construction of the Lemay Avenue Extension.
The process which we used is as follows: '
1. Letters were sent requesting qualification statements from
ten engineering companies, including local firms. (See
attached information.)
2. The qualification statements were reviewed for appropriate
design ability, experience, availability, etc.
3. Five firms were selected for interviews. on the basis of the
interviews, the firms were ranked in order of preference.
4. A proposal was then submitted by the two highest ranked firms.
on the basis of experience on similar projects, qualifications of staff
to be assigned to the project, and recommendations by other cities that have employed
the firm, we reoanmend Centennial Engineering as the engineer for the lemay Avenue
Extension.
158
March 21, 1978
The anticipated fee for the project is as follows:
Phase I Route location and Preliminary Engineering
Iamb Sum $17,100
Phase II Final Design, Construction Drawings,
Estimates, .and Specifications -Lump Sum $43,400
Phase III Construction Engineering and Surveillance $50,000 (max.)
We ask that Council approve the engineering contract with Centennial
Engineering and authorize the City Manager and City Clerk to sign the agree-entl"
Director of Engineering Services Roy Bingman spoke to
the methodology used in the selection process; He then
recommended that Council approve the contract subject
to minor revisions by the legal staff.
Councilwoman Gray made a motion, seconded by Councilman
Wilkinson to approve the contract with Centennial Engi-
neering subject to revision by the legal staff and
authorize the City Manager and City Clerk to sign the
agreement. Yeas: Councilmembers Bloom, Bowling, Gray,
Russell, St. Croix and Wilkinson. Nays: None.
I
THE MOTION CARRIED
Ordinance Adopted on First Reading Regarding
Electrical Contractors and Electricians --
Registration and Registration Fees
Following is the City Manager's memorandum on this item:
"In 1976 the State legislature passed a law pre-enipting the subject of
licensing electricians and forbidding cities from conducting their can licensing
programs. Fort Collins and other home rule cities in the state were parties to
a law suit which determined that this, pre-emption was within the pacer of the
legislature and also further defined the meaning of the State legislation.
After the decision in the lawsuit, we changed our Electrical Code to
require registration of electricians rather than licensing. The City Attorney
has further reviewed this matter and has advised that our current ordinance
may still not cranply with State law. In order to eliminate the problems, the
attached ordinance has been prepared. This ordinance eliminates registration
requirements for individual electricians and places the responsibility for payment
of registration fees on electrical contractors. The registration fee is based
on the nun-ber of licensed or registered electricians working under the elec-
trical contractor. The provisions of this ordinance more closely respond to
State requirements.
159
March 21, 1978
This item was tabled at the March 14, 1978, Council meeting because of '
Council's concern that the reporting recuirements in the ?mposed ordinance
would be burdensome on businessmen in the community. Contacts with electrical
contractors have indicated that this is not a substantial problem and concerns
in this area can be eliminated by furnishing sample reporting forms. In view
of this, we recommend that the Council reconsider the proposed ordinance."
Councilman Russell made a motion, seconded by Council-
woman Gray to adopt Ordinance No. 27, 1978, on first
reading. Yeas: Councilmembers Bloom, Bowling, Gray,
Russell, St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted on First Reading Adjusting
the In -Lieu -Of -Water Rights Payments
Following is the City Manager's memorandum on this item:
"The City Council and Water Board requested that we update the In -Lieu
of -Water Rights Payments every six mmths. A survey of surrounding commmities and
districts indicates that current market value for CBT water is $1,200 per unit. Our I
present in -lieu -of -water rights payment is $1,000 per unit.
We recommend that the in -lieu -of -cater payment be raised fran $1,000
per acre foot to $1,200 per acre foot."
Councilwoman Gray made a motion, seconded by Councilman
Bowling to adopt Ordinance No. 30, 1978, on first reading.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell, St.
Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Ordinance Adopted as Amended on First
Reading Relating to Deferment of Assessments
Following is the City Manager's memorandum on this item:
"At both the January 31 and February 14 work sessions, Council discussed
the establishment of an assessment deferment program for the low-income. The attached
Ordinance was prepared under Council's guidance, and would implement a deferred assess-
ment program.
under the proposed ordinance, if low-income residents were unable to pay
their assessments, the City would take a lien on the property. Financial settlement of
the assessment wouldtake place at the time the property changed ownership."
160
March 21, 1978
' Assistant City Attorney Liley stated some amendments
were being requested to comply with new guidelines
on "Economically Disadvantaged" as set out in the Fe-
deral Register and to reflect the correct title of the
Human Resources Director.
Councilman Wilkinson made a motion, seconded by Council-
woman Gray to amend the ordinance by substituting on
page 2, Section B, the following:
"Family Size Income Limit
1 $2,970
2 4,270
3 5,860
4 7,230
5 8,540
6 9,980
7 & over 1,440 per person"
and by changing in Section 5 the words "Director of
Community Services" to the words "Director of Human
Resources." Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix and Wilkinson. Nays: None.
' THE MOTION CARRIED
Councilman Bowling made a motion, seconded by Council-
woman Gray to adopt Ordinance No. 31, 1978, as amended
on first reading. Yeas: Councilmembers Bloom, Bowling,
Gray, Russell, St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
North Shore P.U.D.: Final Site Plans
and Subdivision Plat Approved Subject
to Action by the Zoning Board of Appeals
Following is the City Manager's memorandum on this item:
"This is a proposal for 76 multi-plex units cn 9.9 acres zoned R-P,
Planned Residential District, located on East Horsetooth Road, west of warren Park.
The applicant is ZVFK Architects.
161
March 21. 1978
There are some problems with the final plans. However, considering
that 140 dwelling units could be developed on this site, but only 64 are proposed, '
the planning staff feels these problems are technical rather than substantive.
First, the plans propose a 3,000 square foot commercial use, whereas
the P.U.D. ordinance allows only 2,560 square feet (40 square feet per unit for 64
units).
Second, in checking the plans for approval, the "total area" figures
submitted were based on total net area rather than gross area. The difference is that
aross areas includes half the adjacent street right of way which ultimately reduces the
calculated density of the proposal but also reduces the percentage of open space
and active open space below the amounts required by the ordinance.
The technical discrepancies between the P.U.D. ordinance and the plans
could be resolved in two ways:
1. revisions of the plans to (a) reduce the commercial building floor
area, and (b) alter lot and building envelope lines so as to meet the technical re-
quirements, or
2. obtain a variance of the P.U.D. ordinance numberical requirements
for (a) comnercial floor space allotment, (b) open space, and (c) active recreational
area.
The developer has indicated he is pursuing #2 above, therefore we are
recommending that Council consider conditional approval upon receiving the variance '
from the Zoning Board of Appeals."
Planner II Paul Deibel identified tha area and spoke
at length to the question of the street right-of-way
being included in the gross area.
Council members indicated that while they did not wish
to hold this developer up on this project, they desired
to hold a Work Session to set policy on this subject.
City Attorney March spoke to the variance power of the
Zoning Board of Appeals, and stated Council could act
on this P.U.D. subject to action by the Board.
Councilman Bowling made a motion, seconded by Council-
woman Gray to approve the North Shore P.U.D. final
site plans and subdivision plat, subject to action
by the Zoning Board of Appeals. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix and Wilkin-
son. Nays: None.
THE MOTION CARRIED
162
March 21. 1978
' North Fort Collins Annexations Approved
Following is the City Manager's memorandum on this item:
"The next four items deal with City -initiated annexations of approxi-
mately 242 acres of land west of Lindenmeier Road, between Fast Willox Lane and East
Vine Drive.
Council was :provided with a full report on these proposed annexations
at the February 28th Work session. Both Planning and Zoning Board and Planning staff
reconnend that we proceed with the annexations. i
We feel the proposed annexations are both timely and responsive to the
following concerns:
1. The recent City Council decisions to extend Lamy Avenue
north to Lindenmeier Road (within 1-2 years) and to
extend Timberline Road north to Highway 14;
2. The February 7, 1977, U.S. Department of Transportation
approval of the EIS for the Fort Collins Expressway and
budgeted State Highway funds for preliminary engineering
work;
' 3. The Downtaan Redevelopment Program with the directly related
need to supportively inter -relate surrounding land use;
4. The need to reinforce the Housing Rehabilitation Program
in Andersonville, Alta Vista and Buckingham through sur-
rounding land uses;
5. The desirability of addressing the aesthetic and traffic
flow problems on North College Avenue; and ultimately,
6. The necessity of developing a city position on what con-
stitutes a desirable pattern of growth for northeast Fort
Collins.
If Council wishes to proceed with these annexations, the proper proce-
dure is to pass the Resolution of intent to annex the property. This Resolution along
with legal notice would then be published once a week for four weeks. After publica-
tion, Council would then consider passing a Resolution setting forth findings, facts, and
conclusions regarding the annexations, and then pass the annexing and zoning ordinances
all at the next-Acheduled regular meeting."
163
March 21, 1978
Resolution Adopted Setting Forth Intent I
to Annex Dreher First Annexation
Following is the City Manager's memorandum on this item:
" This proposal will annex 28.52 acres located south of Conifer Street
and East of North College Avenue. This is a staff -initiated annexation.
more than two-thirds of the boundary of the tract to be annexed has
been contiguous with city boundaries for more than three years prior to the meeting
date. ne tract is now totally surrounded by city boundaries. " i
Councilman Wilkinson made a motion, seconded by Council-
woman Gray to adopt the resolution. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson.
Nays: None.
THE MOTION CARRIED
RESOLUTION 78-21
OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING
FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN '
AREA TO THE CITY
WHEREAS, the property hereinafter described has had for more than
three (3) years prior to this date two-thirds (2/3) of its boundary con-
tiguous to the boundary of the City of Fort Collins; and
WHEREAS, the City Council of the City of Fort Collins desires to
annex said area to said City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
1. That the City Council hereby sets forth its intent to annex the
following described property, situate in the County of Larimer, State of
Colorado, to -wit:
A tract of land situate in the Southwest < of Section 1,
Township 7 North, Range 69 West of the Sixth P.M., Larimer
County, Colorado which considering the East line of said
Southwest < as bearing North and with all bearings contained
herein relative thereto is contained within the boundary
lines which begin at a point which bears North - 1042.90 feet
and again East - 190.00 feet from the Southwest corner of said
Section 1, said point being on the North College Annexation,
164
March 21, 1978
' thence along said annexation, North - 94.7± feet, thence
East - 40.0± feet, thence North - 189.4± feet, thence West -
40.0± feet, thence North 625.0± feet, thence West - 15.0±
feet, thence North - 435.92 feet to a point on the Pine
Tree Park Annexation, thence along said annexation, East -
1125.00 feet, thence S 00 41'50" W - 1067.94 feet, too a point
on the Third East Vine Drive Annexation, thence S 8959' W -
853.64' feet, thence South - 276.60 feet to a point on �he
Excellart Annexation, thence along said annexation S 89 54'
50" W - 200.00 feet, to a point on the North College Annexation,'
thence along said annexation West - 40.0+ feet to the point
of beginning. Containing 28.5231 acres.
2. The City Council hereby adopts as a part of this resolution the
notice attached hereto and establishes as the date, time and place when it
will hold a hearing to determine if the proposed annexation complies with
the provisions of the laws of the State of Colorado the date, time and place
set forth in such notice and directs the City Clerk to publish a copy of this
resolution and said notice as provided in C.R.S. 1973, Section 31-8-108.
Passed and adopted at a regular meeting of t City Council held this
21st day of March A.D. 1978.
ATTEST: Mayor
City ler
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort
Collins has adopted a resolution of intent to annex certain real
property more particularly described in said resolution; a copy
of which precedes this notice.
THAT for more than three (3) years more than two-thirds (2/3)
of the boundary of said territory has been contiguous with the bound-
ary of the City of Fort Collins.
165
March 21, 1978
THAT on May 2 , A.D. 1978, at the hour of 5:30 o'clock '
P.M., or as soon thereafter as the matter may come on for hearing,
before the City Council in the Council Chambers of the City Hall of
the City of Fort Collins at 300 LaPorte Avenue, Fort Collins, Colorado,
the City Council will hold a hearing upon said resolution for the
purpose of determining and finding whether. said territory proposed
to be annexed meets the applicable requirements of Colorado law and
is eligible for annexation. At such hearing, any person living within
the area proposed to be annexed, and any landowner of lands therein,
and any resident of the City of Fort Collins, and all other interested
persons may appear and present such evidence as they may desire.
ZZ
Clerk V/
1
Resolution Adopted Setting Forth Intent
to Annex East Vine Drive, Fourth Annexation
Following is the City Manager's memorandum on this item:
This is a proposal to annex 6.89 acres located north of Fast Vine
Drive and east of North College Avenue. This is a staff -initiated annexation.
More than two-thirds of the boundary of the tract to be annexed has
been contiguous with city boundaries for more than three years prior to the meeting
date.' The tract is now totally surrounded by city boundaries. `
Councilman Bowling made a motion, seconded by Council-
man St. Croix to adopt the resolution. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and
Wilkinson. Nays: None.
THE MOTION CARRIED
166 1
March 21, 1978
RESOLUTION 78 22
OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING
FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN
AREA TO THE CITY
WHEREAS, the property hereinafter described has had for more than
three (3) years prior to this date two-thirds (2/3) of its boundary con-
tiguous to the boundary of the City of Fort Collins; and
WHEREAS, the City Council of the City of Fort Collins desires to
annex said area to said City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
1. That the City Council hereby sets forth its intent to annex the
following described property, situate in the County of Larimer, State of
Colorado, to -wit:
A tract of land situate in the Southwest < of Section 1,
Township 7 North, Range 69 West of the Sixth P.M., Larimer
County, Colorado which considering the South line of said
Southwest ; as bearing N 89 59' E and with all bearings
contained herein relative thereto is contained within the
boundary lines which begin at a point which bears N 89 59' E -
203.01 feet from the South-west corner 8f said Section 1,
thence North - 948.13 feet, thence N 89 54'50" E - 200.00
feet, thence South - 590.05 feet, thence N 78032'30" W -
204.08 feet, thence Sout8 - 48.79 feet, thence S 77032' E -
167.76 feet, thence S 81 05' E - 152.13 feet, thence S 83°
38' - 319.90 feet, thence South - 254.68 feet, thence
S 89 59' W - 632.02 feet to the point of beginning. Containing
6.8946 acres.
2. The City Council hereby adopts as a part of this resolution the
notice attached hereto and established as the date, time and place when it
will hold a hearing to determine if the proposed annexation complies with
the provisions of the laws of the State of Colorado the date, time and place
set forth in such notice and directs the City Clerk to publish a copy of this
resolution and said notice as provided in C.R.S. 1973, Section 31-8-108.
Passed.and adopted at
21st day of March ,
ATTEST:
City Clerk
regular meeting of the City Council held this
D. 1978. /I
167
March 21, 1978
NOTICE '
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort
Collins has adopted a resolution of intent to annex certain real
property more particularly described in said resolution; a copy
of which precedes this notice.
THAT for more than three (3) years more than two-thirds (2/3)
of the boundary of said territory has been contiguous with the bound-
ary of the City of Fort Collins.
THAT on May 2 , A.D. 1978, at the hour of 5:30 o'clock
P.M., or as soon thereafter as .the matter may come on for hearing,
before the City Council in the Council Chambers of the City Hall of '
the City of Fort Collins at 300 LaPorte Avenue, Fort Collins, Colorado,
the City Council will hold a hearing upon said resolution for the
purpose of determining and finding whether said territory proposed
to be annexed meets the applicable requirements of Colorado law and
is eligible for annexation. At such hearing, any person living within
the area proposed to be annexed, and any landowner of lands therein,
and any resident of the City of Fort Collins, and all other interested
persons may appear and present such evidence as they may desire.
y Clerk /
1
!om
March 21, 1978
Resolution Adopted Setting Forth Intent
to Annex East Vine Drive, Fifth Annexation
Following is the City Manager's memorandum on this item:
"This is a proposal to annex 201.97 acres located on Fast Vine Drive
west of North Iemay Avenue. This is a staff -initiated annexation.
More than two-thirds of the boundary of the tract to be annexed has
been contiguous with city boundaries for more than three years prior to the meeting
date. "
Councilwoman Gray made a motion, seconded by Council-
man Bowling to adopt the resolution. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and
Wilkinson. Nays: None.
THE MOTION CARRIED
RESOLUTION 78- 23
OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING
FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN
AREA TO THE CITY
WHEREAS, the property hereinafter described has had for more than
three (3) years prior to this date two-thirds (2/3) of its boundary con-
tiguous to the boundary of the City of Fort Collins; and
WHEREAS, the City Council of the City of Fort Collins desires to
annex said area to said City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
1. That the City Council hereby sets forth its intent to annex the
following described property, situate in the County of Larimer, State of
Colorado, to -wit:
A tract of land situate in the South , of Section 1,
and in the North , of Section 12, Township 7 North,
Range 69 West of the Sixth P.M., Larimer County,
Colorado, more particularly described as follows:
Considering the South line of said Section 1 as
bearing N 89 59'23" E and with all bearings contained
herean relative thereto, begins at a point which bears
N 89 59'23" E - 932.03 feet from the Southwest corner
of said Section 1, said point being on the Third East
Vine Drive Annexation to the City of Fort Collins,
169
March 21, 1978
thence along said annexation, North - 248.91 feet,
thence S 85 18' E - 176 81 feet, thence N 00°40' E
33.7$ feet, thence S 84633'45" E - 72018 feet, thence
S 85 06' E - 255.24 feet, thence S 88 z5' E - 259.25
feet to a point on the Pine Tree Park Annexation,
thence South - 46.78 fee thence S 88034'16" E -
295.29 feet, thence S 84 53'37" E - 400.95 feet, thence
S 00 00'37" E - 200.00 �eet, thence N 84 10'23" E -
45.0g feet, thence N 02 18'37" W - 208.82 feet, thence
N 74 54'23" E - 246.70 feet, thence N 01 11'37" W -
30.02 feet, thence N 77u06'23" E - 42.15 feet, thence
N 00 02'48" E - 298.21 feet to a point on the Evergreen
Park Annexation, thence along said annexation N 42 21'03"
E - 133.72 feet, thence N 18 53 18 E - 159.21 feet,
thence N 89 59'37" E - 12.64 feet, thence N 30°29'02" E -
74.73 feet, thence N 43u2l'37" E - 174.33 feet, thence
N 47 03'17" E - 2202.34 feet, thence N 80°01'17" E -
667.35 feet to a. point on the East line of said Section 1
which bears S 00004'13" E - 18.55 fee from the East a
corner of said Section 1, thence S 00 04'13" E - 1905.57
feet to a point on the Northeast Consolidated Annexation
to the City of Fort Collins, thence along said annexation,
Westerly - 331 feet, thence Northerly - 200 feet, thence
Westerly - 625 feet, thence Southerly - 590 feet, thence
Easterly - 305 feet, thence Northerly - 50 feet, thence '
Easterly - 140 feet, thence Northerly - 50 feet, thence
Easterly - 40 feet, thence Northwesterly - 125.8 feet,
thence Easterly - 15 feet, thence Southerly - 433.1 feet,
then&e N 89 59'23" E - 301 feet, to a point which bears
S 89 59'23" W - 30.00 �eet from the S.E. corner of said
Section 1, thence S 00 03'38" E - 12& 65 feet, thence
S 89 55' W - 261.71 feet, thence S 00 09'56" E - 30.00
feet, to a point on a parcel of land annexed to the City
of Fort Collins by resolution signed June 18, 1906,
thence S 89 55' W - 866.94 feet to a point on the Linden
Stregt Tech Center Annexation, thence along said annexation
N 40 55'00" E - 439.04 feet, thence along the arc of a
448.34 foot radius curve to the left, a distancg of
315.92 feet, the long ch8rd of which bears N 20 44' E -
309.82 feet, thence N 00 33'00" E - 533.12 feet, thence
5 88 14'00" W - 495.62 feet, thence S 76 36'05" W - 375.16
feet, to a point on the North College Annexation, thence
N 0014'59" W - 273.99 feet, thence S 89 59'23" W - 389.99
feet to the point of beginning. Containing 201.9712 acres.
2. The City Council hereby adopts as a part of this resolution the
notice attached hereto and establishes as the date, time and place when it
-will hold a hearing to determine if the proposed annexation complies with
the provisions of the laws of the State of Colorado the date, time and
place set forth in such notice and directs the City Clerk to publish a
copy of this resolution and said notice as provided in C.R.S. 1973,
Section 31-8-108.
170
1
1
March 21, 1978
Passed and adopted at a regular meeting of the City Council held this
21st day of March , A.D. 1978.
ATTEST:
Z�Cl erk
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort
Collins has adopted a resolution of intent to annex certain real
property more particularly described in said resolution; a copy
of which precedes this notice.
THAT for more than three (3) years more than two-thirds (2/3)
of the boundary of said territory has been contiguous with the bound-
ary of the City of Fort Collins.
THAT on May 2 , A.D. 1978, at the hour of 5:30 o'clock
P.M., or as soon thereafter as.the matter may come on for hearing,
before the City Council in the Council Chambers of the City Hall of
the City of Fort Collins at 300 LaPorte Avenue, Fort Collins, Colorado,
the City Council will hold a hearing upon said resolution for the
purpose of determining and finding whether said territory proposed
to be annexed meets the applicable requirements of Colorado law and
is eligible for annexation. At such hearing, any person living within
171
March 21, 1978
the area proposed to be annexed, and any landowner of lands therein, t
and any resident of the City of Fort Collins, and all other interested
persons may appear and present such evidence as they may desire.
ZyZClerk /
Resolution Adopted Setting Forth Intent
to Annex Hiatt Annexation
Following is the City Manager's memorandum on this item:
" This is a proposal to annex 4.27 acres located on North Lary Avenue
one-fourth mile south of willox.Lane. This is a staff -initiated annexation.
More than two-thirds of the boundary of the tract to be annexed has
been contiguous with city boundaries for more than three years prior to the meeting I
date."
Councilman Russell made a motion, seconded by Council-
man St. Croix to adopt the resolution. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and
Wilkinson. Nays: None.
THE MOTION CARRIED
RESOLUTION 78- 24
OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING
FORTH THE INTENT OF THE CITY COUNCIL TO ANNEX CERTAIN
AREA TO THE CITY
WHEREAS, the property hereinafter described has had for more than
three (3) years prior to this date two-thirds (2/3) of its boundary con-
tiguous to the boundary of the City of Fort Collins; and
WHEREAS, the City Council of the City of Fort Collins desires to
annex said area to said City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
172
March 21, 1978
' 1. That the City Council hereby sets forth its intent to annex the
following described property, situate in the County of Larimer, State of
Colorado, to -wit:
A tract of land located in the N.E. ; of Section-1,
Township 7 North, Range 69 West of the 6th P.M.,
Larimer County, Colorado, more particularly described
as follows: Con8idering the East line of said Section 1
as bearing N 00 04'13" W with all bearings contained
herein rel8tive thereto, beginning at a point which
bears S 00 04'13" E 1314.24' from N.E. corner. of Said
N.E. thence N 89033'43" W 447.42'; thence S 00 04'
13" � 413.52'; thence S 89°02'43" E 447.47' thence
N 00 04'13" W 417.55' to the point of beginning,
containing 4.2679 acres.
2. The City Council hereby adopts as a part of this resolution the
notice attached hereto and establishes as the date, time and place when it
will hold a hearing to determine if the proposed annexation complies with
the provisions of the laws of the State of Colorado the date, time and place
set `orth in such notice and directs the City Clerk to publish a copy of this
resolution and said notice as provided in C.R.S. 1973, Section 31-8-108.
Passed and adopted at a regular meeting of the City Council held this
21st day of March , A.D. 1978.
ATTEST:
City erg:
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of fort
Collins has adopted a resolution of intent to annex certain real property
more particularly described in said resolution, a copy of which precedes
' this notice.
173
s
March 21, 1978
THAT for more than three (3) years more than two-thirds (2/3) of '
the boundary of said territory has been contiguous with the boundary
of the City of Fort Collins.
r
THAT on May 2 1978, at the hour of 5:30 o'clock P.M.,
or as soon thereafter as the matter may come on for hearing, before the
City Council in the Council Chambers of the City Hall of the City of
Fort Collins at 300 LaPorte Avenue, Fort Collins, Colorado, the City
Council will hold a hearing upon said resolution for the purpose of
determining and finding whether said territory proposed to be annexed
meets the applicable requirements of Colorado law and is eligible for
annexation. At such hearing, any person living within the area proposed
to be annexed, and any landowner of lands therein, and any resident of
the City of Fort Collins, and all other interested persons may appear and '
present such evidence as they may desire.
Ci y4er ,
Resolution for Naming City Facilities Adopted
Following is the City Manager's memorandum on this item:
"This item was tabled at the February 21, 1978, meeting.
fbudre Landmarks Foundation is requesting that the public reception room
of the Avery House be named the June Newton Bennett Room. Members of the Cultural
Resources Board agree with the Poudre Landmark people that Mrs. Bennett has made an
unusually significant contribution to the restoration and preservation of Avery House.
The Cultural Resources Board recommends that Council approve the attached
Resolution designating the public reception roan of the Avery House as the June Newton
Bennett Roam.
174
March 21. 1978
Councilwoman Gray made a motion, seconded by Council-
man Russell to adopt the resolution. Yeas: Council -
members Bloom, Bowling, Gray, Russell, St. Croix and
Wilkinson. Nays: None.
THE MOTION CARRIED
• oa• •
•1 ► •• as •, • • Y tl I
• •••6,1 • �• • • •17Mp• •
SUP MOON V.11 I
WHEREAS, June Newton Bennett has for 10 years given generously of
her time and talent to establish Avery House as an historic landmark; and
WHEREAS, this unique remnant of the heritage of Fort Collins almost
certainly would not have been preserved and restored for future generations
to enjoy without the untiring and effective work of June Newton Bennett; and
WHEREAS, the dedicated efforts of this Fort Collins citizen deserve
' enduring recognition in a manner appropriate to the cause for which she
has labored so successfully.
NOW, TSEjUT'ORE, BE IT RESOLVED BY THE OXTNCIL OF THE CITY OF FORT
CCl=NS that the public reception roan at the Avery House shall be named
the June Newton Bennett Roan, and so marked with a plaque.
Passed and adopted at a regular meeting of the City Council held this
21st day of March, A.D. 1978.
A-1E`T:
Ci y Clerk
175
March 21, 1978
EDA Municipal Building Solar Contract Awarded '
Following is the City Manager's memorandum on this item:
"on February 9, 1978, the City of Fort Collins received bids on the New
Municipal Building Solar Heating System which is to be funded by a $430,000 EDA grant.
The solar bid was advertised in three newspapers and 76 invitations were sent out to
possible bidders by certified mail. The City received only two bids on the solar
project which is attributed to the stringent EDA requirements for 10% minority participa-
tion and 100% bonding capacity. The bid opening tally sheet is attached for review.
Construction, Inc., of Longmont submitted the low bid. The EDA project
representative has indicated that Oonstruction, Inc.'s bid proposal is also responsive
to all EDA requirements. Award of the contract to Construction, Inc., would coffrPlete
the solar project within the EDA budget shown below.
Total EDA Grant: $430,000
Total Project Budget:
Administration $ 993
Structural Steel
Panel Frames (Awarded
to Rutledge Steel) 78,987
Award:
Construction, Inc.
Solar Panels 264,500
Connections 85,520
Total Project Budget $430,000
we recommend the bid be awarded to Construction, Inc., for the total
armunt of $350,020."
Councilwoman Gray made a motion, seconded by Council-
man Bowling to award the EDA Municipal Building Solar
Contract to the lowest bidder, Construction, Inc.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
176
7
L_1
March 21. 1978
Relocation.of Poudre Valley Rural Electric
Association Overhead Transmission Lines --
Evergreen Park, Third Filing Approved
Following is a letter from the City Attorney pertaining
to this item:
" The attached letter from D. C. Miller and Company
pertains to a dispute which has existed for some time con-
cerning relocation of REA transmission lines through Evergreen
Park. Apparently the dispute has been resolved, conditioned)
upon the City not objecting to relocation of the lines and
the City agreeing not to contend that the franchise ordinances
recently passed will apply to these lines because of such
relocation if they don't otherwise apply. In view of the
fact that the relocation will be to a private right of way
owned only by REA, the franchise ordinances would not apply.
Since the beginning of this dispute the City has supported
relocation of the lines in order to remove them from their
present location in a public street.
In view of the above I recommend that the City Council
approve the letter of D. C. Miller and Company insofar as
the City has anything to do with the matters covered in the
letter."
Following is the attached letter from D. C. Miller & Company:
"City of Fort Collins March 16, 1978
Fort Collins, Colorado 80521
Re: Relocation of Poudre Valley Rural Electric
Association overhead transmission lines;
Evergreen Park Third Filing.
Gentlemen:
We are a general partner of Evergreen Park 2, a Colorado gen-
eral partnership, which is the developer of Evergreen Park, a
commercial and residential subdivision located in the City of
Fort Collins, Colorado. The Poudre Valley REA currently has
overhead electrical transmission lines running through an
easement granted to the Bureau of Reclamation across the
center of the southernmost lots in Evergreen Park Third Fil-
ing. Arrangementshave been made with the Bureau of Reclama-
tion to vacate that easement.
The Poudre Valley REA has agreed to relocate its transmission
lines in accordance with the right-of-way plat, Poudre Valley
REA, Evergreen Park Third Filing, dated February 6, 1978,
177
March 21, 1978
prepared by Miner and Miner Engineers, Greeley, Colorado, '
provided that: (a) Evergreen Park 2 pays the costs of reloca-
tion; (b) the City of Fort Collins has no objection to the
relocation of the transmission lines in accordance with the
above -referenced right-of-way plat; and (c) the City of Fort
Collins agrees that it will not contend that its Ordinances
No. 57 and 58, 1977, apply to the Poudre Valley REA as a re-
sult of such relocation if such Ordinances do not otherwise
apply.
Please confirm by your signature hereon that you have been
authorized by action of the City Council of the City of Fort
Collins, at a meeting of Council on March 21, 1978, to agree
to the conditions set forth in (b) and (c) above.
Thank you for your cooperation in this matter.
Very truly yours,
DouMiller
'
Executive Vice President"
Councilman Bowling made a motion, seconded by Council- '
man Wilkinson to approve the letter of D. C. Miller &
Company insofar as the City having anything to do with
matters covered in the letter, and authorize the Mayor
and City Manager to sign the letter on behalf of the
City. Yeas: Councilmembers Bloom, Bowling, Gray, Rus-
sell, St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
City Manager's Report
(a) City Manager Arnold reported on the Administra-
tion's recommendation that all bids for the Ser-
vice Center be rejected. Following is his memo-
randum on this item:
" After having spent many hours in review and agony over the bids received, we
are new back to the position of recommending rejection of the bids and re -
advertising ---with considerable improvement in the bid package.
Staff can provide Council with lots of information --none of which is eorrpletely
persuasive. It is a confusing mess that none of us are proud of. It boils down '
178
March 21, 1978
' to a situation where no one wins, where there's no way to be totally fair to
everyone. But keeping in mind that the competitive bidding process is designed
to be fair to all possible contractors and the public, we reluctantly conclude
that we should start all over. And we so recommend.
You need some facts. We thought at first that Neenan was the "apparent low
bidder." That's important because we can negotiate with that bidder, but with
none other. Then Jerald Construction pointed out we had misunderstood their
bid. They then became "apparent low bidder." Neenan's building had over 11,000
square feet and Jerald's over 8,000. Neenan's would serve us better by layout
'but was metal. Jerald's was masonry but was too small and laid out in suchia
way we couldn't make it work. Both buildings needed enough "add-ons" that we
feared we would likely run the total cost up over the next bidder.
There is always another side of the story, and both Neenan Construction and
Jerald Construction have arguments. They go something like this:
1. Rebidding may make the cost higher. (both)
2. Apparent low bidders have their "hand" revealed and are thus
disadvantaged. (both)
3. Metal buildings should not be disadvantaged. (Neenan)
4. Private enterprise uses metal buildings. (Neenan)
5. Masonry is better. (Jerald)
6. You need the Neenan layout.
7. The Jerald layout will work.
8. You ought to give it to the "apparent low bidder." (both)
9. I am the "apparent low bidder." (both)
There are several compelling arguments for rebidding:
1. We advertised the budget at $355,000. None were within
$100,000 of that figure. Some contractors did not bid
because of that. If we add to the budget, they need a
chance to carpete.
2. The confusing bid package makes universal agreement on
fairness impossible.
3. By improving the bid package we may be able to get more
competition, better prices, and.therefore save the City money.
4. Fairness and economy are what competitive bidding is all about:'
Council considered the recommendations presented.
Councilman St. Croix made a motion, seconded by Council-
man Bowling to reject all bids and rebid the project.
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
' St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
179
March 21, 1978
(b) City Manager Arnold then reported that the Admini-
stration is working with the Colorado & Southern
Railway on the problems of transportation of dan-
gerous materials through the City. The Admini-
stration will report after more meetings are held.
Status Report on Swallow Road Crossing,
Negotiations with Colorado & Southern
Railway, and Possible Legal Action Considered
Following is the City Manager's memorandum on this item:
"we have been negotiating with the C & S Railroad and talking to the
P.U.C. regarding obtaining a railroad crossing at Swallow Road. The railroad
resists.
Our Attorney's Staff has researched possible legal action that may be
available to us. We want to discuss this consideration with Council:'
Assistant City Attorney Liley reported on the most re-
cent meeting with Colorado & Southern Railway and re-
quested Council direction on how to proceed. Negotia-
tions will remain open until April 15 and staff will
not initiate legal action and procedures with the Public
Utilities Commission until that time.
Councilman Bowling made a motion, seconded by Council-
man St. Croix to authorize the staff to take action
against the Colorado & Southern Railway in connection
with the Swallow Road Crossing. Yeas: Councilmembers
Bloom, Bowling, Gray, Russell, St. Croix and Wilkinson.
Nays: None.
THE MOTION CARRIED
Report from City Council Members on Committees
(a) Councilman Bowling reported that two of the Coun-
cil members had been appointed to National League
of Cities committees: Councilwoman Gray is Vice -
President of Local Legislators and is a member of
the Steering Committee on Safety, and Councilman
Bowling is a member of the Effective Government ,
Steering Committee.
180
March 21, 1978
(b)
Councilman Russell reported that the next Platte
River Power Authority meeting would be held on
March 23, 1978.
(c)
Councilman St. Croix reported on
the Corridor
Committee meeting and stated the
next meeting
would be held on March 28, 1978.
(d)
Councilman Wilkinson reported that the next
Steering Committee meeting would
be held on
March 28. 1978.
Citizen Participation
(a)
City Clerk Verna Lewis read the Proclamation at
length, proclaiming April 9-15, 1978 as Public
Radio Week. A presentation by Elizabeth Tanner
of KCSU-FM followed.
(b)
Mr. Alex Gaebler requested information on how to
proceed to circulate a petition which is as fol-
lows:
'
"We, the undersigned, are dissatisfied with the
present application of the Fort Collins Leash
Law. We are in favor of a_ leash law, one that
would allow the owner the option of not only phy-
sical control, such as a leash, but verbal or
hand control within a reasonable given distance
(to be decided later.)"
Mr. Alex Fritzler, 312 Gordon, spoke in opposi-
tion to any changes in the current ordinance.
This item will be discussed at the April 25,
1978, Work Session at 1:00 p.m.
(c)
Mayor Bloom then stated that City Manager Arnold
had already made his report to the Council regard-
ing rejection of bids on the Service Center; he
would allow anyone wishing to address this item
to do so at this time.
Mr. David Neenan of the Neenan Company spoke to
the problems encountered in trying to propose a
bid for the project and requested that the Admini-
stration attempt to refine the process to make it
'
more equitable to all.
181
March 21, 1978
Resolution Adopted as Amended Authorizing Grant
Agreement with F.A.A. for Funding of Runway Im-
provements at Fort Collins -Loveland Airport
Following is the City Manager's memorandum on this item:
11Me attached Resolution authorizes the Mayor and City Clerk to sign
the Grant Agreement with the F.A.A. for Federal funding of the riuiway improvaTent
project.
7btal project cost is $756,593. Federal share of this cost is $680,933
and sponsor share is $75,660. We have monies available in the Airport Fund to cover
sponsor costs.
Ile grant contract was not available at the time of printing. We will
review it with Council at the March 21, 1978, meeting."
City Attorney March reiterated that the grant application
contract had not been available at the time the resolu-
tion had been proposed. Therefore, two amendments were
necessary: to change the date from March 21, 1978 to
March 20, 1978 on the third line in Section 1, and to
amend Section 4 to read "Section 4. A true copy of the
grant offer referred to is attached hereto:". '
Councilwoman Gray made a motion, seconded by Council-
man St. Croix to amend the resolution as stated (above.)
Yeas: Councilmembers Bloom, Bowling, Gray, Russell,
St. Croix and Wilkinson. Nays: None.
THE MOTION CARRIED
Mr. John Hoyte of Isbill and Associates responded to
Council inquiries relating to runway improvements.
Councilman Bowling made a motion, seconded by Council-
woman Gray to adopt the resolution as amended. Yeas:
Councilmembers Bloom, Bowling, Gray, Russell, St. Croix
and Wilkinson. Nays: None.
THE MOTION CARRIED
182
March 21, 1978
RESOLUTION 78-25
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 cosponsor with the City of Loveland, Colorado, accept
the Grant Offer from the Federal Aviation Administration dated
March 20, 1978, 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. A true copy of the Grant Offer referred to
is attached hereto.
Passed and adopted at a regular meeting of the
City Council held this 21st day of March, A.D., 1978.
ATTEST:
Clerk
183
March 21, 1978 Page 1 of 9 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1-Offer '
Date of Offer march 20; 1978
Fort Collins -Loveland Municipal Airport
Project No. 5-08-0023-04
Contract No. DDT-FA78RM-0226
TO: Cities of Fort Collins. and Loveland, Colorado
(herein referred to as the "Sponsor")
Co/
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 14, 1978
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:
Rehabilitate/resurface, including rubberized friction seal, and mark
Runway 15/33 (approx. 6500' x 100').
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM 5100-13 PG. 1 11P711 SUPERSEDES FAA FORM 1622 ►G. I
184
PAGE I
Page 2 of 9 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 Sponsor's 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:
The maximum obligation of the United States payable under this Offer shall be
S 680,933.00.
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.
FAA FORM SIM-13 PG.
2 17-723,
SUPERSEDES PREVIOUS EDITION
PAGE'2
185
Page 3 of 9 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 of
facilities thereon will discriminate against any person or class of
persons by reasons of race, color, creed or national origin in the use
of amy 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, part of the costs of the Project unless this Offer has been
accepted by the Sponsor on or before March 31, 1978 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
-.inoorporated.into any contract for construction -work, or modification
thereof, as defined in the regulations of the Secretary of labor at
41 CFH 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 Cpportunity 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 poet 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
11 W.
1
Page 4 of 9 pages
the said labor union or workers' representatives of the
contractor's commitments under this section, and shall poet
copies of the notice in conspicuous places available to employees
and applicants for employment.
d. The contractor will oomply 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 fumiah all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will peffiit 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 ithie contract or with azW of the said .
rules, regulations, or order, this contract may be canceled,
terminated, or suspended in -whole or in part and the contractor
may be declared ineligible for further government contracts of
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed 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,
regulations, 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.
T'#ie 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 eo participating is a State or local government,
I
10/20%72
187
Page 5 of 9 pages
the above Equal Opportunity clause is not applicable to any agency,
instrumentality 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
administering agency and the Secretary of Labor in obtaining the compliance
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 penaltiee 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. '
10/20/72
Page 6 of 9 pages
' 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 L02 of the Federal
Aviation Act of 1958, using such airport shall be subject to nondiscrimin-
atory 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 inch airport and which utilize similar facilities,
subject to reasonable classifications such as tenants or nontenante, ands
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 asaumes obligations substantially similar
ito those already imposed on tenant air carriers, and (B) each fixed basei
'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 11L
of the Clean Air Act and Section 308 of the Federal Water Pollution
Control Act and all regulations issued thereunder.
C. The oponsor 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
i EPA list of ViolatinE Facilitieo. .�
d. The sponsor agi es that he will include or cause to be included in any
contract or subcontract under the Fant which exceeds S100,000 the criteria
and requirements in these subparagraphs a th_^ough d.
' Page•6 (Rev. 8/11/76)
Page 7 of 9 pages
14. The sponsor will send a copy of all invitations for bids, advertised or '
negotiated, for concessions or other businesses at the airport tp the
Director, Dallas Regional Office of Minority Business Enterprise (OMBE),'
1412 Main Street, Dallas; Texas 75202. The sponsor will disclose and
Make information about the contracts, contracting procedures and require -
menu 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 invi-
tations for bids shall be treated in the same manner as all other reponses
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 provision,
"Minority Business Enterprise" means a business enterprise 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 Hispanic 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.
190
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 Sponsoi s
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed undef. he Project but in any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDEI� 6&VM14Tl�O e�DMINISTRATION
yl
Robert P. Yenaing
By. Chd-e;f... FnZipeer;Lpg 6. Deve;Loptoent, ArAn.ch
j (TITLE)
Part Il-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 lsuch acceptance agrees to all
of the terms and conditions thereof.
Executed this....... P3.. ... day of ..Y.YA.. ._ ..........
Ci
By
(SEAL)
Title ..
Attest:..
Title:....... City. Clerk ...................
CERTIFICATE OF SPONSOR'S ATTORNEY
1 acting as Attorney for the. City.of_ Fort. Collins,.
(herein referred to as the "Sponsor") do hereby certify:
cof
That I have examined the foregoing Giant Agreement and,the .proceedings taken by said
Cosponsor relating thereto, and find that the Acceptance thereof by sai�o�ponsor 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 of the Sponsor in accordance with the terms
thereof. Co/ i
Datedat ..............................this........:. day of..........................., 1978...
FAA FORM 5100-13 FG .4n0.111 SUFERSEOES FAA FORM 1612 PG
Title ..... City .Attorney ... ... ........
PAGE A
191
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 updn the Sponsor's
acceptance of this Offer and shall remain in full force and effect thrdughout 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 AVIATION ADMINISTRATION
By............. .................... :......
(TITLE)
Part 11-Acceptance-
The city of Loveland, 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
byt such acceptance agrees to all of the terms and conditions thereof.
Executed this ...................... day of................................ 1978
City, of.Loveland,,Colorado........
(Name of Sponsor)
Co/
(SEAL)
Title ...............Mayor......................
Attest...................................
Title:........... C;ty,Clerk..............
CERTIFICATE OF SPONSOR'S ATTORNEY
Co/
I acting as Attorney { la
e .City. of Lovend ..... _ .
(herein referred to as tiro"/
Sponsor") do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken by said
CoSponsor 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 , -, 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 of the Sponsor in accordance with the terms
thereof. co/
Datedat ..............................this.......... day of............................. 1975..,
.........................................
i
e
Title ...... city.Attorney...............
FAA FORM 5100-13 PG 4110 711 SUPERSEDES FAA FOR. 1632 PG • PAGE A 1
192
1 March 21, 1978
Bids Awarded for Runway Improvements
at Fort Collins -Loveland Airport
Following is the City Manager's memorandum on this item:
'Bids were received for runway improvements at the Fort Collins-Wveland
Airport on March 10, 1978. Those submitting bids were Goodell Brothers, Inc., and
Flatiron Paving Company.
The bids were as follows:
Asphalt Overlay
Seal Coat
Total Bid
Goodell Brothers, Inc
$649,951.50
177,644.75
$827,596.25
A breakdown of these bids is attached.
((5�
Flatiron Pay' Co.
$562,993.50
111,500.50
$674,494.00
These bids did come in substantially higher than the engineer's estimate
for the project. In view of this, we requested additional Ironies from FAA and have
received approval of these funds. The total project cost is now $756,593, for a Federal
share of $680,933 and our sponsor share is $75,660. We do have monies available in the
Airport Fund to cover sponsorship costs."
Councilwoman Gray made a motion, seconded by Council-
man Bowling to award the bid for runway improvements
at Fort Collins -Loveland Airport to the lowest bid-
der, Flatiron Paving. Yeas: Councilmembers Bloom,
Bowling, Gray, Russell, St. Croix and Wilkinson.
Nays: None.
THE MOTION CARRIED
Adjournment
Mayor Bloom declared the meeting adjourned at 7:35 p.m.
ATTEST:
1
? A.4
City Clerk
193