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HomeMy WebLinkAboutMINUTES-09/28/1976-AdjournedSeptember 28, 1976 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting 1:30 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, September 28, 1976, at 1:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Absent: Councilman Suinn. (Secretary's Note: Councilman Suinn arrived at 1:45 p.m.) Staff Members Present: DiTullio, Holmes, Kaplan, Bingman and Dowell. Also: City Attorney Art March Jr. and Assistant Staff Attorney Lucia Liley. Bids Accepted for Fort Collins -Loveland Airport ' Apron Expansion and Resolution Adopted Authorizing Acceptance of a Grant Offer from the Federal Aviation Administration Mr. Jim Nichols from M & I Consulting Engineers reviewed the bid tabulation. Mr. Kosta Constantine, Manager of the Airport, spoke to some of the requirements set forth by the FAA. Council was advised that the bid award must be made sometime in the next 120 days. Councilwoman Reeves made a motion, seconded by Councilman Bowling to receive the bids. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Nays: None. Deputy City Clerk, LaVonne Dowell, read the following resolution at length. 247 1 RESOLUTION NO. 7 6 - 6 2 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF THE FORT COLLINS-LOVELAND 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 shall, as Co-sponsor with the City of Loveland, Colorado, accept the Grant Offer from the Federal Aviation Administration dated September 28 , 1976, for the purpose of obtaining federal aid in the development of the Fort Collins -Loveland Airport, and that such Grant Offer shall be as set forth hereinbelow. Section 2. That the City of Fort Collins 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 authorzied and directed to impress thereon the Official Seal of the City of Fort Collins, Colorado and to attest said execution. _ Section 4• That the Grant Offer hereinabove referred to shall be as follows: 248 E a Jv l o" .9 Pages ro: P _Lj<RA1_'AVIAT16N A'JP.l111107. RAT ION - pL1S_UQffcr• liat. of Offer September 28, 1976 Fort Collins -Loveland Air; art FrojecCNw 5-08-0023-OP Contract No. DoT-IATQM4-02143 T;a: Citiea of Fart Collina-I'oveland.' (liv:rcin rowed to as the "Sponsor") l'i Ci •i: Vie .United $tacos of A;;icrica (acting thIot'.j;'ilie, Fcctcral A'!1^tiou /lrhninictr.I'tiori• h^rein referred to as the "FAX) Vic Spa;;Sor h:"; submitted to the rAA. :a ` foierl. Alli''i S.;ytan;hcr 13, 1976 , for a grant of Fcu aal inrids for a. Iraje a for �;ev::T{,p- m^ant of the Ibrt Collins -Loveland Airport (herein called III-`:.hport"), to ether Wile; PHis and specilm,,1.101?.- for suc:' project, wNch Project Anlica Boil, Ir the FAA is hcrclly incorporatcd 1^ezein a:ul nlada a p:.tri hereof; r.;:d Sr,"i, Ow FI'.A has a:pprovrd c. I:ra;cct for dcvcloprnc.:1 or Lite Airport (heroin calla, t11s "Pro;act") coosisa.in., of the follot^inS desCriiied r.ilpolt develop;lie"L: Iratai.l emergency siren for awash -lire -rescue alerts; expand aircraft parl-J ng apron (approx. 6,500 a.y.�; reaonstraot existing aircraft parlAn� apxron approx. 82786 s.y.._; ins -tan VASI-2o on Runway 15/33. I ali :is ": and particularly thscribed in the property diap and plans and specification:: incorporitcd is the sai.; 'rojcct Appliaati'3n; 249 r<;c 2 of 9 pages {:: •li ,_,.„,rOa..;, pllrsll nt to ail"! or Isle pur,ose (01cairlytlig out tir provisions of the All DUtt to Airt ay Development Act of 19"70, as atnen:l_d (49 U.S.C. 1"701), and. ill cunsicicrntiva of (;+) she Si.�-nsor's adoption and n:tilication or the representati 01's-arid assurances coriti,i:iA tlr said 1`r •i1:�'i, Apphca.tl')n, wid it,; ..CSCpt;mcc of this Otter Its IA eim!ftcr prcrvldcd, and (i)) the Lcrefits :• cruc to .:!: United State- and the public f`rori tile. accoultaishn)eut of..the 1';ujecl awl the r:•• .:,,it and nir.irteitance of the Airport as Jwrein provided, '1'11;i FEI)ER/ti. AVIATIQN AD- P,','•i, FOR AND Qid •B%siiALF O P UNITED tY�t.;i?,FI..'.; to pay,its tic United States'sharel. of the allove.-I)ie coats hicnlred-in acc'unipUsHng the . Prig iec t, 90 percent. = This Offer is trade on and subject to tit, following terns and conditions: 1. The maximum oblip itioli of the United States payable under this. Offer shall b+: S 282,12.8.00. 2. The Sponsor shall: (a) begin accomplishrnent of the Project within sixty (60) d nys after acceptance of this .Offer of such longer time as may be prescribed by the Fish, with failrre to do so constituting j.nst cause for terwinalion of tilt obligatiuu> of the , United States hereunder.by the FAA; (b) carry out and complete the Project w•ith.•.it under deha avid ill=cordaiecc with lice -- teen:. hneof, talc Airport arid Airway-Decelopmetit ,1r: of 1970-, and Seeders 15?.Sl-- = •152.63 of th-� Regulations of the Federal Aviation Administration (14 CF12 152) in effc,ct as of the elute of acceptance of this Offer; which Reglli<itions lire herairvfter referred to as the "Regulations''; (c) carry out and c:r.tnpletc the Project in accordance with the ph-ms and specifications and prupert r may, incorporated herein, as they may be revi-cd or modified itlr the approval, of the FAA. . 3. The allowable costs or Elie project shail not include any coils daterrnired f , the FAA to be ir.^.ligible for consideration as to alluwahGhty under Section JS2.17 (bl uf,the Regal;- tiuns. 4. Payme•ut of the United Statc!c share of the Alosvahle project casts will -be +;a t:u,snailt to at•-' in accordance .with the. provisians of Sections 152.65 I52.71 of llle .c,;nlalions. hioA 4!otertuinalion as to the cdlowabi!ity of the costs of the project will ho ulad- at the tire: of tl:• f.wal.E, ant pat° ,:tent pursuant to Section 152.71,of the Regutaltiuns:. 1'rnyided, that, in t!tc event a scini final grant payment is.made puisuant to Section l5^_.i; of tile' Regrlat,•r.s, final daterr,inatiou as -to the allowability"of, those costs to which suc;rsemi-' filed paym.,nl relates will be made at the time ofsuch semi-final })ayrnent. 250 I Page 3 of 9 .pages 5• The Sponsor shall. operate and ntintain the airport as provided in the Project Application incorporated herein and specifically covenants and e.g..-eea, in accordance with its Assurance 20 in Part V.of said Project Application, that iri its operation and the operation of all facilities t',ereof,••neither it nor any person or oti nization occupying space or iaacilities thereon will discriminate against any person or class of .?:sons by reasons of race, color, creed or national origin in the use of any of the facilities provided for the public on the airport. 6. Tho FAA reserves the right to amend or withdraw this Offer at any time prior to.ito acceptance by the Sponsor. 7. Thio Offer shall expire and the United States shall not be obligated to pay my part of the costa of the Project unless this Offer has been accepted by the Spon::or on or before Sept. 30, 1976, or such moozequent da':o as may be prescribed in writing by the 'FAA. B. The Sponsor hereby agrees that it will incorporate or -cause to be i•,norporat6d into any contract for construction c�rorti„ or modification ti:•,reof, as defined in the regulations of the Secretary of Labor at 41 MR Chapter 60, which is paid for isrwhole or in part with .fund- ob :.:fined from the. Federal Governmcnt or borrowed on the credit of tiie 1'c.•:ral Govern:,:nt pursuant to a grant, contract, loan, insurance, or gu.:•antee, or uodertaken pursuant to any federal program involving su!:h grant, contract, loan, insurance,. or guarantee the following Equal Opportunity Clause. ' During.the performance of this contract; the contractor agrees am follows: a. The contractor will not diserim-inate against any employee or applicant for employment because of race, color, religion, sex or national origin. Tile contractor will take affirmative action to ensure that applicants arc employed,.and that employees are treated inrri.iig' 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 agreeki to port in conspicuous :daces, available to employees and applicant:; for employment, notices to be provided setting forth the provisions of this: nondiscrimination clause: b. The contractor will, in all solici'.'[ons or advertisements for employees placed by or on behalf o,. ::ie contractor, state that all qualified ;•,mi.icants will ieceive consideration for employment without I.:L;a.-;i to race, color, religion, sex or national origin. o. Tile contractor shall send to each labor union or representative of workero with which he has a collectivo bargaining agreement or othor contract or understanding, a notice to be provided advising 251 rago.1; of 9 pages -2c, d. th, said labor union or workers representativeu of the e•,itractor's cor.,cutments under this section, and shall pock c. iies of the notice in conspicuous places available .to employees.'. aitd •applicant::for employment. f ,`. The con.Lraci;or will comply with ell provisions of Fx_cutivo Ozd^r ll2l;6 of Septomber 24, 1965, and of the rules, regulations, and relevant.orders of the Socretary of Labor. t. 51ee contractor will furnic;h all information and .reports requir._d 17 ncr :i Live Order I.12146 of September 211, 1965, and by 'rulrc, :regulations, and order:: of. •the Secretax-j of Labor,."or purau;=L thereto, and will per,•ait access to his books, .records, Emd accounts by the adnini.3tering agency and the Secretary of Labor for purposes of i.nvestigstion'to ascertain compliance with such " es, re.r0Qa6ion3 and orders. f. In the event of the contractor's noncomplian.e with the no:n- di�crfmination'cla.nses'of this contract or vrith any of the said ; rules, regulal;ions,.o:c prder., this contract mpy be canceled, t4-mdiiatec1., or suay-..,ruled in whole or in part aid tho contractor ',;e decla.r^d Ineligible for further grvermnrent contracts of fr:.i=:rally assisted construction contracts in acco.Maiico ;with pi•n.•edrse:: ar `,hori,;ed in Executive Order 1146 of Sapto;iber 24, 194 and such other sanctions may be imposed Ev.-.d remedies invoked a 3 provided in LFecutive Order 1121�6 of September 21,, 1.9 or by .roles, regulations, or order of the Secretary of Labor, or as othc:rrrise provi Lied by law. g. The contractor will include the portion Of tree sentance irined.iately preced.=%ig par^grmnh a. and the proviaioris of pauac;:caph a. through g. it tivery subcontract or .uLt••:14a.se order unle c e:::mpted by ruI•:c;, r cl.ati.nrs, or orders of the Secretary of Labor issued purcu.wnt to Sao Lion 201t of Executive Order 11246 of September 24,.1965, cn that swuh provisions will ba binding upon each subcontractor or vendor.. The contractor will take such action -with respect to any subcnntract or p=.rchase order as the admi.riliterirZ zvg=cy may direct a.s a means of .:_:forcing such provisions, inclu7ing . ser_ction3 for nonporpliance. Provided, however, that. in the event a contr.,�cto-- ber;c•ms3, involved in, or, is threatened w.itli, litigation with a suL::ontractor or vendor azz a result of such direction by the adnin:i3tcrirg ag.-ngy, the oontraotor waay rnrlustst the United .Sta:tos to enter into such. ] ii:i.Ld.`t'wn. 'to h:co L*Ut th' interests of the Unitod Stator. 5.ee . Spon:,•,.c farther agrees that it 'rill be bound by tho above EgiI11 [• ._: rctzn '.:.y clause with respect to its own er..plovment practices 141e11 it participates in federally assisted construct}on wort:: Provided, -Wat if the. applicant so participating is a State or -local gnversmi?nt, 252 1 1 I r:1•:;, ; of 99 pc:r,,:s t: ,. above F51•al Opport.vni.ty clause -Jo not to c. y arpncy, ir•_•1^:.entali:ty or cubdivisi.on of svch.governmont which does rot 1' f.a.p=te in work ort or under the contract. 'rile Sponsor a[;rves that: it will assi.at aiiV coopera.to ar:'savely 1•rith thre a lnini.s tering aEe.ac f and the Secrotriy of Labor in ob Lain i1i ; tha co"Tf,' ar ce' c-. contractors and subcontractors with the Equal.Qpportun_ity crease and t. :, roles, regillations, and rele-innt orders of tho oC Labor tdlat it urill .fu=nich the admi.niste-ring a; ency with 'tha Secret T y of Libor such information as they may require for the rap^rvicion of such c::mplis.nce, and that it will. otherwise assist tho-Vimiuistor. nt rcavlLoY in the discharge of. the agency's primary responsibility- for se.cl:^inh compliance. 9"re Sponsor further a. _nea that it will refrain fror1 entering into any contract or contract modi.fl.cwbion rubject to i.Kecutive, Ordar 1:.240 of ?i; Sept_oenr 1965, kith a contractor debarred from, or tno has not demonstrated eligi.bili.ty for, government contracts and federally asaiXted cc istru6tion contra. - A.-; puratvint to the Rxecut:iva Oriler and will curry out s, ?1 ac.aclions arid l:ena.lti.on for viol-ation of the k,n11,•,Ll Qrporh7.ilt,y c1: •'.:•:c as moy ba it ,vae•i upon contractor: -and subcontractors b;; the acl.:--nisl.ar: e„ency or the Secretaxy of Labor purs—utt Lo par;: Ii'i,' b'urtpai•.. D, oZ tho T:::ecutive Order. In add-ition, tb^ Spouaor a;<,''-r, that ; :' it fails or refu:;cs to comply with •theou imn-lortakinj,7, il,,a administering agency may take any or all of the follo.ii.ua actic•ure C,;nce-1, terminate, or sucperd in ullole or in part this grant: (contract, loan, ` i1l31)Ya11ce, . gt13Xa11tce); refrain from extendir.- as1,v .further assistz-Lce to th : 'Sponsor ender %toe program with rasp-• : t to u4 i.ch the fai lur_a o- roe:-r.O occiu-red witil. sakisfactoi-j assurance of futvia colepliance has . bca:a rcceiived from the Sponsor.; or refer the case -to the Depar I:Iznt of .-:,,lice for appropriate legal proceedings. 9. :e.Spnnsor hereby furth^-r. covenants that it: will not permit a,W hamanlnt-typo structures, other than structures -required for aids to air - navigation and such ogler structures ae may be sparificall.y exc_,,',ted in urriting by tine PAA; to be erected on, and that it will caur•) vay existi*tg atn.ctuin:7 to be removed from:, each ;iixoa identified or tllo Erhi.b:iL- "A'1 as "cl.car zon0l or any portions Dherc:o£, couco•.;.i_1_ vhic.h the Sponsor har acquired a foe interest with feel:oi.al. -'i.ne lciai. acsii i:anr.:o, irresp--etive of whether such structures constitute an ob..:tnlctinn to air navigation. 10. By its eccept•.nce hereof, the Sponsor he:roby covenant:, that: to ::'s^ it ha; or may 11::e eitbo:r present or f•u'turo control over each i.a-ntifi.ed or: B;:ilibit "A" au "clear zone', and unl.ers excepti.00s to o.: deviation J.zca the following obli.;;ations have bean r ron-t^d to the ,:por_sor in writing by the FAA, it will clear said a.roa or are.•.:; of e•�;� ew-.ieting, structure or any natural growth which constitutes an obstrurtion to ai' 2n--vi.: tt:ion with the standards established by Section 'l1 •2� at, epplied to SEr-i.vr 25, Part 77, of the Federal Aviation Regulation❑; and thtr S11.:':r further covenants -that it will control the subsequent ci:action of s'. :rt.ures and control natural gronth to fhe extent necessary to prevent ram••.'. on of obstructions• within said star..)=•ds. 253 Pagre 5 of 9 paCes 11. As u:rance Number 18 of Part V of the- project application inocrporated h: -cdn is amended by including at the enq of the second sentence tie :: �'.] ^win:; 18.r4•uage c "ircludiw, the '_•ecll:i.re:i?en' That (A) each air caZ'.•'•i.,r,_ autl Ori:ed V Cn-i^yP. &rrctly in air taansportatioa P"Tru3nt to Section t)0i or 402 of-t'•ia L'ederal Aviation ••a't of 1958, using -;, h•airport s}iall,be c,bjeet to nondisori.mi.n- ator.• and substantially ccmparable.rates, fees,'rontals, and other charans ra.d n.ondiscrim.inators t)onditionc a_: ara. applicable' to all ouch air nnrriers •wl icli m.;ke similar use of such airport and wliinh utilize similar .facilities, subject to reasonable cias ificatio ns such as tenants cr nontenanto, and c.,mY.- ted passenger rind cargo fli(thts or all carg-) flights, and such rlass- iri•. !.ticn or status as tenant shall rot be u=ea.aanabl;• withhold by any sps::aor provided or. air cazri.er.assuae:s obl..i.1,�•mtiona subst•a_ntially similar to .those already imposed on tenant atr carriers, rs.d (B)'each fired base orar� nor using a g=.neral r:viatioa airport shall.be cub -'tact to the sate rater., fit on, rental;;, Pnd other chargs9 au ere uniformly anpliea'.;lr• to all othc•'c ftx, ba^e operators making the same or -similar une:. of such airport +i:.f" i::inr 1:••: :'•mra or similar fi!^ilities : •pro•:i.sion (A) above, shall not require t1w. r+',...-'xtion )`" any 1n3'3e or Other eci-tracl: enPercd into by s e oncor before JOB 12, 197:. Provia:ion B above shall not require the reformation of any lr•1.)e or oft !r coatrant entered into by a sponsor before July 1, 1975." I 2,. It is underotood aad agreed that no part of the Faderal share of or. airv;rt tMm:lopnint project fc,• which a grant is na.do under the Airport and Airw:;j B•-. ....op-,ent Act of 1970; ac amended (49 U.S.C. 1701 eL seq.), nr wlde:r the :'ndl ral Airport Act, .•s amended (49 U.S.C. 1101 et seq. , sh.�1.1 be ineh•rled i `.hn rate base in establishing fees, rates, and char;zes fnr user:i of the ' mi port. .3. T1^?•I project ••nd all work perfo^meal thereunder is subject t, to Clean Air Act and the Fedex 1. 1ater Polluti--n Control Cc Accozdingl,, ,. { a. The sponsor heral�y utipulates teat any f_ci!'ty to be uti._ized i.i per- !I formance under.'the grant nr to.),er_efit from the grant, in not listed or. � the Ehlk Mot of Viclatin�, Pac:ilities. t,.. The sponsor ?grnea to complyl••ith all the require:nmts of ^ecticrl l.'•.y of the C1eaa. Ai.-:, Ant and .S^.ct ion 308 of '.he heder.l Water Pc'.l.ution Control An:: ant c'1 rogala-tiova iHaued thereunder. u. .Tre npo- ar e::.11" notif; ;hr rAA n1• the receipt of any communi.wtiun from the i'sP� ird`r..ati.ng t'r•,- r._ facility to he ltilized for rerf:•rmnaice of or 'a�ar,fi : .C�»m the trait ir> under consideration to he Listed on the EPA 1_s# of Vt.nlat:ing rs,,il.itier.r .- . d Tl'. spJlla^� 'lyraev 'Lh,. ' •]a wV 1 includa c� c.^.:iae to be Jmcludn'l in my cmntrw.t. cr snbcon':=act under .h3 gr.ant'vhti.eli exceed3.$$$100,000 the criteria and regiuroment." in these etch.,<_agraphs a !:,ro.kyji d. 254 1 +. lame 7 of 9 pries 111. The sponsor will ::end a copy of all invitations for bids, adver V -r -cl or negntircted, for concessions or other busMensos at the ai-rport to P` Director, Dallas Regional Office of.I1inori_ty Business Entnrpriza ( 1! 12 Main Street D.ellas Texas r will � + + 75�02. The BpOri..O_ H111 dip-, rloce and make information about the contrac't:., contracting procedures requirements available to the designated. OI�E representative and rd.nori.l:y fi:c•ms on the same basis that such information is disclosed and m_tde available to other organizations or firma. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the, invitaaions for'b.id:;. Compliance with the .foregoing will be.deemed to'con stitute compliance by the ;;;era or with regiirements of 119 CFR 21 Appendix C(a)(1)(),.), Regulations of Lhe Office.of the Secretary of Transportation. 15. It is understood and agreed by and between the parti.ea.hereto that Federal participation in 'that portion of the development described on Page 1'l:ereof, relating to airport lighting and the VASI-2s is prr'dicated upon the. sponsors operating plan concerning the use.and operilion of 'such airport liGlitin.g and VASI-2s dated. September. 8, 1976, which plan is incorporated herein and made a part hereof. 16. Ivrsuant to Paragraph 27.• Part V of the Application for Federal Assistance dated September• 13, 19763, the sponsor hereby covenants and agrees to fnrni.sh Vie Federal Government i•:ithout cost, within J4 months after writtrn regaent ' tr.ere",,r., such estates or interests in such lands or rights in huildir_g, as era deemed necesc-pry by FAA for the construction and'opor:).tion on the airport I": of the structures or fr :ilities set forth below,' provid•-' the reapoc• '-.ve ° areas of land and;/or buildings deemed adequate by FAA for such purp.l'•s are available w:ithoat the necessity for removing or relocating other facilities and ar-1.1.r'th9n th:. g-nag:raphic 11oundaries of the airport at the time request therHfor is akide by the PAA; t•ugether with rights of ready access in and to such area,:.or buildings for construction, occup mcy and use and th; right to connect to existing utilities and to be. furnished the utility services required to.the extent,of available capacity at no more than prevailing rates. The facilities or structures involved and the maximum arz. of land, or rights in buildings, the sponsor is obligated to -furnish are as followa: Air Traffic Control Tower - approximately 2 acres. 1 It is fv.rtl,... r undr:ratood and agreed that nothi.rir contai.nc:d herc::n sha7.1 in any wny af£cot the rights of the lTni.Led'StaLl;cs 0r oblit_;tl:ions o£ ` LO sponsor under ^.ior .Crant Agreements to furnish rent-free space for thu act.i'vl ties s;ecifnd in such prior a;•:reements nor shall anything contained herein be construed as obligating tha Federal Government to construct, occupy or ' operate a control tower or flight service station at the airport. 255 17. it in understood and a�eed by and betwoon the parties hereto that the United States shall not participate nor be -obligated to par-i- cipate hereunder in the following hid items as get forth in the approved plena and specifications for this project: ECIDMULP 11 - Bid Item No. P-620 SCUDITLF III - Bid Item 11o. P-625 SCURDITTE IT - Did Item No. L-140 . It is i'urth:m understood and agreed by and between the parties hereto, f'-at the United States shall not participate nor be obli&ntnd to p,k_rticipate hereunder in 460 s.y. of apron conotruction associated wi t.h the apron paving ad.iacent to the existing lr:utgar buildings.' file Sponsor's :•!ceptattc(: of this Offer and ratification and adoption of the Projcct Application io gnporated Ir -in shall be evinced, by exccntioi of this instrument by tyre Sponsor, as heroin- W' r provided, ard.said Offer and Acceptance shall comprise a Grant Agreement, as provided by U:�: Airport and Airw:ry.Devclopnrcnt Act of 1970, constituting the obliga+ions and rights of the ' United States and the Sponsor with respect to the accom??lisimcnt of the Project and the operation ivml maintenance of the Airport. Such Grant Agreement shall becow-,- effective upun the Spunsur's _X; -tanee of tl:Fi Offer and shall remain in full force and efl'ccl throul)tout the Useful Ufc of the lies developed under the Project but in any event not to exceed twenty years frum the date of ;.-:d acceptance. UNITFI) STATES OF A�I1'iR[CA IM FL'DERAL AVIATIO;: ADMINtYrRATION' B).............. 1 (TITLE) Pairt 11-Acceptance City of Foit Collins, Colorado does hereby ratify and adopt all statements, itt, sentatiens; warranties, covenants, and agreemenis contained in the Project Appli,anon and ut,:urporated materials referredto in the foregoing Offer and does hereby accept said O7cr and b.. such acceptance agrees to all of the terns and conditions thereof. Executed this;;...: ................. day of .... $eptgnrirgx .................. 19.76... City of Fort Collins; Colorado (Name of/:Sponsor) Co- ........................................ (SLAL) : 17tit . _.:.... VD I•f. r Attest :.................... .. .... Title:.... City Clerk 256 1 CERTIFICATE 01`�SPONSOR'S ATTORNEY Cc: I . .................................: . acting as Attorney for ...:P=.ty 01 Ibrt Collinar CO (hcr� a referred to v% lb1V'Jponsur") do hereby certify: Co- Co - That I have examined the foregoing Grant Agreement and dcc Inocceding; Oken bj said o- SI-onsor relating thcretu, and final that the Acceptance thereof by sai r Sponsor 1,;s hceo dilly rnrtii- orized and that the execution •' ,euf is in all respects duc and proper and in accordance Willi tits 1 •s of the State of.. . . . Color:. and further that, in my opinion, said Grant A; ..e:ntcnt constitutes a legal a.' binding obligation of the/Sponsor in accordance with the terms - tCo ' Dated at .rgrA .Qol7.xna, - Cv1Qrado. ...this......:... day of'... September ............ . 19..76. Ti!Ic ..................................... 1L :inns is acceptance of this Offer and ratificalion and arloption. of the. "roject Application ii+.:Dear. dale'. herein shall be evideutccd by execution of this instromenl by the>pon%or, as hercin- "cr provid! !d, and said Offer and Acccptarrce shall comprise a.Granl A"rtcutcnt, as provided by 0,c Airpo: and Airway Development Act of 1970, constituting tile. obligations and rights of the United •s and tine Sponsor with respect to lie accomplishment of the Project and the operctiori aid m;r ,nance of the Airport. Such Grant Agreement kliall become effective upon the Sponsor's . acecota: c.; of this Offer and shall remain hi full force and effect throughout the ireful life of the_ facilitl.:3 .developed under. the Project but in any event not to exceed twenty years fronc the date p` s:,.*J acceptance. UNITED STATES OF AMCRICA FIiUBRAL AVIATION AUA-11`dISFRATIOX' By. .4Uaef,-J ngex'Airportn•Distriet.office (TITLE) Part 11-Acceptance Tire City of Loveland, Colorado does hereby ratify and adopt all statements, relse.^citations, warranties, covenants, and agreements contained in the project Application and inc, )oratcd materials referred to in the-foregoing.Offcr and does hereby accept said Offer and by ti•rch acceptance a,-j-c:cs to all of the terms and coyrditions thereof. Lsc.wcd this...........:. .. Sep$emUcr ...........1 19 76 .........day of :.::...:............ City. of Lovo1mid, Colo.; (........... Nana_ or./Sponsor,, Co-. By....................... ................... (S1:AL.j "title... ... .................. Attest: .................................... - Ti 6 '.....'.... City Qlerlc.. ............. 257 CERTIFICATh. OF/SPONSOlVS ATTORNEY I . .............. ................. . acting as Attorney for. the. City, of _Loveland,• Colorado (hcrcin wf, rred to as the/ Sponsor") do hereby certify: Co-,. -Co- l}iat I have examined the foregoing Gunt Agreement and the proceedings taken by slid Co- c, wsor relating thereto, and find that the Acceptance thereof by saitySponsor has been ihdy auth- o.i.: A and that the execution thereof is in all respects due and proper and in accordance with, the "F [lie State uf.... Colovado................... I and further that, in my opinion, said Grant A..i .,ent constitutes a Icgal and bitiuing obligation of the/Sponsor in accordance with the terms t° etc Co- .. Dated at L.veland, Colorado this..,........ day of. ..:Soptember 19.76, Title............ ......................... ADOPM this 8 day of September 19761 for the City of Fort Collins, Colotado. BY 258 1 i� 1 CERTIFICATE OF CITY CLERK I, Z24'4� &/""� , the duly qualified and acting City Clerk of the City of Fort Collins, Colorado, do hereby certify that the foregoing Resolution was duly adopted at a (regular) (special) meeting of the Fort Collins, Colorado, City Council held on the day of September 1976, and that said Resolution has been compared by me with.the original thereof on file in my office and is a true copy of the whole of said original. IN WITNESS WHEREOF, I have hereunto.set my hand and the seal of the City of Fort Collins, Colorado, this �2 day of September 1976. By Title�4 �./ City Clerk 259 Councilman Bloom made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Gray, Reeves, Russell and Wilkinson. Abstain: Councilman Suinn. Councilman Suinn arrived during the discussion of this item. Appointments to the Downtown Redevelopment Task Force ADDroved Mr. Ormand K. Sherwood presented Council the following list of nominees to be appointed to the Downtown Redevelopment Task Force: 1. Mr. John L..Baskett, Executive Vice President, Reid Burton Construction Company. 2, Mrs. Thomas W. Bennett, Chairwoman, Restoration Committee for Avery House. 3. Mr. James A. Cox, Architect. 4. Mr. Howard Jones, Partner, Mesa, Inc. Investments. 5. Mr. Rudy F. Juvan, President, Downtown Merchants Association. 6. Mr. James H. Stewart, Professional Engineer. Mr. Sherwood spoke briefly to the way the persons were chosen and ' their qualifications. Councilman Suinn inquired if Mr. Sherwood would be willing to continue to serve with this group. Councilwoman Reeves left the Council meeting during the discussion of this item. Councilman Bowling made a motion, seconded by Councilman Russell that the list of nominees be approved and that the name of Ormand K. Sherwood also be added to those being appointed to the Downtown Redevelopment Task Force. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. Report from City Attorney 1. Mr. March advised the Council that at the previous Council meeting the purchase of the property at 222 North Meldrum owned by Donald Horak for a price of $23,000.00 was approved. Mr. March stated this was an incorrect figure and he needed_ authorization to complete the sale at a price of $23,_750.00; the reason being that there was an error in the memo that went to Council at the last. meeting and the final negotiations have ended up at $23,750.00.-The ME 1 conditions of the contract were reviewed. Councilman Russell made a motion, seconded by Councilman Bowlin to approve the purchase of 222 North Meldrum at a price of ,750.00. Yeas: ' Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. 2. City Attorney March stated there is to be a special meeting of the Zoning Board of Appeals on a request for a variance at 1300 West Mountain Avenue. The Council has scheduled a hearing on another variance appeal for this property and is anticipating a consistent decision and also a consistent dislike for that decision by the prospective owners of the property. We would like to.schedule an appeal on the decision yet to be made by the Zoning Board of Appeals for the same time that you've got the other appeal already scheduled, which is that same Tuesday. Mayor Wilkinson stated that he had a request to schedule this item before the dinner break. No report from the Acting City Manager. Reports from Councilmembers Councilman Bloom gave out a report on autos and trucks from the City Manager. Councilman Bowling stated the COG meeting of October 6, has been re -scheduled to October 7. The Platte River Power Authority public hearing on their proposed expansion will be October 14 in Fort Collins at the Poudre R-1 Administration Building. Mayor Wilkinson stated that the sister city request from Regina, Canada was denied because Fort Collins has no interest in having a second sister city. The Colorado Municipal League has setup a new policy committee to review legislation from the 1977 session of the State Legislature. and Councilwoman Gray would be the nominee from Fort Collins. The National League of Cities meeting in Colorado is scheduled for November 28, 1976 in Denver. The District II meeting of the Colorado Municipal League is to be in;Greeley on October 22. Councilman Bowling read the following statement: 1 261 "Several council members have expressed concern about the 1977 budget as proposed, because there does seem to be a basic philosophy difference in methodology. On page 7 of the budget message from our city manager dated September 3, 1976, Mr. Brunton states, "My philosoph is that citizens should have the type and level of service that they want and are willing to pay for. All projects currently under construction are worthwhile, but they will cost more money. Therefore, 1977 should be a year of critical program evaluation, assessment, and appraisal. Some definite action must be taken. The city will have to either cut back services, eliminate services, _obtain new or increased sources of revenue, or develop a viable combination of the above three alternatives." He goes on to state that we should start working,on the 1978 budget immediately, but after the 1977 budget is adopted. This seems to be the major point of difference between those of us who seem to be saying that the time to affect real change is now. We are concerned about where we are going and how we are going to get there. Article II, Section 5 "Powers" page C15 of the Charter of the City of Fort Collins says "All powers of the City and the 2'determination of all matters of policy shall be vested in the Council except as otherwise provided by this charter." One readily sees such terms used through this section as appoint, remove, create, change, consolidate, abolish, adopt, authorize, inquire,_ investigate, and provide. To us, these terms also apply to the budget process, because the budget is the controlling document fo the operation of this city. Several council persons have expressed their concern about the general direction::of financial responsibility in which this city is now headed. The City Manager has expressed these same concerns as has been quoted from his budget message. The fact of impending financial problems in 1978 does not seem to be questioned. However, the timing and, perhaps, method of budgeting do highlite the basic difference of philosophy. We hear some saying that the time to act is now. Others are saying that we truly do have until 1977 to react. We do not feel that positive action now is premature. On the contrary, we feel that beginning the corrective action now in this budget.is not only proper but imperative. It has also been stated several times that the administration needs and is seeking clear cut action and direction from this:.council. It is this council that is charged with the decision.as;:to how much government is needed and how much can be afforded;, and it is this council that must decide in which areas these programs should be directed. These are basic policy decisions, and it is time, with advice that and guidance from administration, that this council make these decisions and give the manager the direction that he is seeking. . ' — 262- This is what we are saying: This council should be making the decisions now as to the level of activities financed in the 1977 ' budget. If we agree or disagree withthe administration on -a particular fund budget as to the number and type of programs proposed to_be carried into 1977, then let us say so by vote so that a clear cut understanding is at last achieved between council and city management. For these reasons we believe that the following resolution should be adopted: Be it resolved that the date of October 11, 1976 be set for council decision concerning the fund or funding level of proposed city programs in the General Fund, and all other funds or accounts where questions may exist and... that the city manager, after the council has acted concerning these funds, be instructed to submit a corrected balanced fund budget in every fund of the City of Fort Collins." Councilman Bowling stressed that there is emphasis on a balanced budget in all funds. Councilwoman Gray asked for a clarification of balanced budget }to which Mr. Bowling replied "income meets expenditures presents a balanced budget." Councilman Suinn stated he felt a balanced budget would include the '. "uses of reserves and so the word 'balanced' means that the amount of expenditures projected is balanced with the amount of income or assets." Councilman Bowling again stressed that there should be a balanced fund budget in every fund. y City Attorney Art March stated that in his definition of balanced fund budget this is impossible because some of the established funds are not income generating funds, they depend upon an appropria- tion from other places. If the appropriation to a non -generating fund is considered income, then the two bottom lines must balance for the balanced budget. Councilman Bowling again stressed the funds: budgets must balance in order to have a balanced budget. City Attorney March then stated that for example the General Fund Budget as presented does not present a balanced figure and according to Mr. Bowling's interpretation the use of reserves to make 'up the deficit is not permissable. However, the budget as presented is a balanced budget in the terms as set out in Mr. Bowling's statement. 263 Councilman Suinn asked if the terminology could be changed to say "ending fund balance." , Councilman Bloom suggested the wording be "to re -submit the budget to the Council attempting to match income with expenditures in all funds." Councilman Suinn _asked for one more change: In so much as there are several funds by title the last three words would suggest that each fund has to balance within itself and his concern is that the budget in total is what is balanced and if a specific fund should come up with a deficit it could be handled by other generating funds. The current: wording suggests that. this is not now allowable and if the last three words would be struck and the statement read "to re- submit the budget to the Council attempting to match income with expenditures," would be more acceptable. Councilman Bowling made the following motion: "Be it resolved that the date of October 11, 1976, be set for Council decision concerning the funding or funding level of proposed City programs in the General Fund, and all other funds or accounts where questions may exist and that the City Manager, after the Council has acted concerning these funds, be instructed to submit a corrected balanced fund budget in every fund of the City of Fort Collins." Councilman Suinn asked if the motion could be amended and ' Councilman Bloom offered the following amendment to the motion: "To re -submit the budget to the Council attempting to match income with expenditures," replacing "to submit a corrected balanced fund budget in every fund of the City of Fort Collins." Councilman Bowling made the following motion: Be it resolved that the date of October 11, 1976, be set for Council decision concerning the funding or funding level of proposed city programs in the General Fund and all other funds or accounts where questions may exist and that the City Manager, after the Council has acted concerning these funds be instructed to re -submit the budget to the Council attempting to match income with expenditures. Councilman Suinn seconded the motion. Yeas: Councilmembers Bloom, Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None. Mayor Wilkinson invited Councilman Bowling to attend the Monday morning 7:00 a.m. meeting with Bob Brunton, Peggy Reeves and himself at which time the agenda for the next Council meeting will be discussed as well as some budget items. (Secretary's Note: Date referred to is Monday, October 4, 1976) Councilman Suinn made a motion, seconded by Councilman.Bloom that the meeting adjourn. Yeas: Councilmembers Bloom, -Bowling, Gray, Russell, Suinn and Wilkinson. Nays: None- The.meeting adjourned ' at 2:40 p.m. - 264 I ATTEST: Deput City Clerk 265 I