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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