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HomeMy WebLinkAboutMINUTES-11/06/1969-RegularIto 550 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Hald Thursday, November 6, 1969, at 1..:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Motion was made by Councilman Kruchten,.seconded by Councilman Troxell, that the reading of the minutes of the last regularmeeting held October 23, 1969, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The Mayor presented a proclamation in behalf of the Fort Collins Board 1 of Realtors, proclaiming November 9 to 16, 1969, as "Paint -up, Fix -up, and. Clean-up Week, also a proclamation a;: tte request of the Optimist International proclaiming November 10 to November 16, 1969, as Youth Appreciation Week. Dr. Norman .Evans was present as a member of the Fort Collins Water Board, and gave a report on the Six Cities Water Study, on the Windy Gap project from the Colorado River to the Big Thompson .River. The First Phase report is a preliminary design on getting the water to the Eastern Side Qf the mountains. The Second Phase would deal with the legal and other aspects of providing water storage for the 72,000 acre feet of water that will be made available through the project. The cost of the entire study would be $35,000 for the two phases. He requested authority for expenditure of $5,000 for the City's share of Phase two. Motion was made by Councilman Lopez, seconded by .Councilman Kruchten, that the recommendation of Dr. Norman Evans be approved. Roll was called resulting as follows:. Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None: The -Mayor declared the-mtoion adopted. Mayor Carson presented the Merchant of the Month -award to Poudre i,. Valiey Motors, Inc., for outstanding participation in fire safety at its place -- of business. 'Mr. Jim Cooper accepted the award. His place was investigated` by Don Hisam and Jerry Anderson.of the Fire Department. The .following ordinance was presented on second reading: ORDINANCE NO. 66, 1969 BEING AN ORDINANCE VACATING VIRGINIA STREET IN STEELE'S SUBDIVISION OF TRACT 5 OF EMIGH'S SUBDIVISION OF THE S� OF THE SEa OF SECTION 14, TOWNSHIP 7 NORTH, . RANGE 69 WEST OF THE 6TH P.M. IN THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Kissock, seconded by Councilman Troxell, that Ordinance No.. 66, 1969, be adopted. Roll was called resulting as follows: Oyes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: Drone. Che Mayor declared the motion adopted. 551 Jr_ The following ordinance was presented on second reading: ORDINANCE NO. 67, 1969 BEING AN ORDINANCE VACATING A PORTION OF AN ALLEY IN BLOCK 282, PLAN OR SUB- DIVISION OF THE WEST SIDE ADDITION TO THE.CITY OF FORT COLLINS, COLORADO. Motion was made by Councilman Kruchten', seconded by Councilman Troxell, that Ordinance No. 67, 1969, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. v TO: FROM: SUBJECT: The following report was presented and read at length: November 6, 1969 Fort Collins City Council Planning and Zoning.Board #89-69. Consider the Overland Trail annexation `involving approx- imately 243 acres. Present county zoning, FA, Farming and R, Re- sidential District Zoning. This item was considered by the Planning and Zoning Board at its' regular meeting on November 4, 1969, Prior notification of the City's intent to initiate annexation proceedings was given by mailing to all owners of pro- perty in the area at the address shown in the County Treasurer's office. Afte-- a hearing on the question, the Board passed a motion by 6 to l vote recommendir:;. that the Council initiate annexation proceedings. The Board furthsr recommends that the area be zoned RL, Low Density Residential.. . Owners: Several, as shown on the annexation plat. Location: -Part of the SE4 and the W�* of Section 16. HE of the,int-ersection of Overland Trail and Prospect Road. Respectfully submitted, /s/ R. 0. Engelke Acting Secretary Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this be placed in tIB minutes and referred to the City Manager and City Attorney to prepare the necessary re§solution and notice of hearing. Roll was called resulting a's follows: Ayes: Councilmen Carson, Troxell, Lopez, .Kissock and Kruchten. Nayes: 'None. The Mayor declared the motion adopted. Mr. Barry Duff was present and asked if to-dgy would be the -date for' probably hearing. He was advised that December 11', 1969 / would be thedateset for same.' The following report was presented•and read .at length: November 5'. i969 TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #92-69. Consider Stovall Annexation petition involving approximately 3.1 acres with RM,•Medium Density Residential zoning. The Board cons-idered this item at the November 4, 1969 meeting and tabled it indefinitely or until the annexation which is already under consideration in. the area is resolved Owners: George C. and Helen M. Stovall Location: NW1,j of Section 16, Lot 2 and Lot 11 less the south 100 feet of the Mountain View Acres Subdivision. 552 HR No action was taken on this report. The following report. was presented and read at length: NOVEMBER 5, 1969 TO: Fort,Collins City Council FROM: Planning and Zoning Board SUBJECT: #91-69. Consider rezoning petition involving approximately 3.7 acres from R-L, Low Density Residential zoning to R-M, Medium Density zoning. The Board considered this item,at.its November 4, 1969 meeting and recommends approval. The Board felt the requested rezoning would be compatable with the uses and zoning already in the area. Owners: Alfred W. Thompson, Jr. and Helen S. Thompson Location;. NW4 of Section 15, approximately 140 feet north of West Plum Street and east of South Taft Hill Road. 1 Respectfully submitted, /s/ R. A. Engelke Acting Secretary f Motion was made by Councilman Troxell, seconded by Councilman Lopez, 1 that the recommendation of the Planning and Zoning Board be accepted and the . matter be referred to the City Attorney for further processing. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.. Nayes; None. The Mayor declared the motion adopted. The following communication was presented and.,read at length: October 31, 1969 TO: The Nonorable Mayor and City Council FROM: Tom Coffey, City Manager SUBJECT: Council information Attached is a petition from the group around Willow and Linden Streets. On the first of September I had.:a complaint from the people down there and I put a traffic checker there for eight hours, on Thursday, September 7, 1969, starting at eight 61clock in the morning. During. this eight hours, there were 227 vehicles that went northeast on Willow Street from Linden. Of this group, only 30 were trucks. Most -of these'were KieferConcrete trucks. This is an area bordered by the railroad which'wo uld be virtually impossible to pave and 227 vehicles a day really do not warrant paving. Regarding the septic tank dump area; this does'not cause any.problems, it is kept very clean. The smell comes from the North College Sanitation Plant, located on the ricer northeast of this area, and we are presently in negotiation with the North College Sanitation District regarding this matter. If the negotiations are successful, we will -be closing that plant down within a year. Regarding the large Semi. -trucks; any truck driver who cannot make a left or right.turn off Willow, has no right driving an automobile, let along a truck. ;Of course, We have no choice abuut the side tracks, the C & S.is in there legally '.. and you cad't get them out. /s/ Tom Coffey A petition signed by eight residents in the vicinity of Willow Street between College and Linden, complaining about the truck traffic, dust and the odor caused from raw sewage being dumped in the sewer near Pine and Willow Street,, was presented. There was considerable discussion concerning the conditions and suggestions of improving these conditions. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this matter be re- ferred to the Citv En-ineer and City'Mana_er'to investigate and report back 553 to the Council -at a later date. Roll was called resulting as follo.as: Ayes;' Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. An easement for installation and maintenance of an underground electric line and installation of a traffic control light at Shields and Laurel, approved by the.State Board of Agriculture, was presented. Motion was made by Council- man Troxell:, seconded by Councilman Lopez, that this traffic light be installed. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.. Nayes: None. The Mayordeclared the motion adopted. The following dedication was presented and read at length: DEDICATION DEED, Nti_ KNOW ALL MEN BY THESE PRESENTS that theundersigned being ..the owners thereof, hereby dedicate, quit claim and convey unto the City of Fort Collins for street purposes and for the installation, maintenance, and repaid of utilitie as easement and right of way over, under and across the following described strip of land, to -wit: Commencing at a point which is North 89°56' East, 329.54 feet; and again North 00°07'30" East 660.35 feet, and again South 89058, West 144.55 feet from the Southwest corner of the North- West 4 of the Northeast 4 of Section 24, Township 7 North, Rahge 69 West of the 6th P.M., thence South 89058, West to the West line of the Northwest 4 of the Northeast 4 of said Section 24, thence along said West line South 00°07130" West 25 feet, thence North 89°58' East to a pdint which is South 00007'30" West, 25 feet from the point of beginning, -thence North'00°07'30" Estt 25 feet to the point of beginning, in the City of Fort Collins, County of Larimer, State of Colorado; Dated at Fort Collins, Colorado, this 31 day of October, 1969. /s/ Ralph Kessler Alberta Y. Kessler e State of Colorado) as. County of Larimer) The foregoing instrument was acknowledged before..me this 31st day of October, 1969, by Ralph Kessler and Alberta Y. Kessler.. " My Commission expires September 23, 1972. /s/ Diane V. Anderson Notary Public.' Motion was made by Councilman Kruchten, seconded;by:Councilman Troxell, that this dedication be accepted. - Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.-Nayes: None. The Mayor declared the motion adopted. The following communication•was presented: October 29, 1969 Mr. Tom Coffey City Manager City of Fort Collins Dear Mr. Coffey: 554 Enclosed with this letter are two copies of a right -of -tray agreement c•:ith the City of Fort Collins under which the State Board of Agriculture hasgr nted per- mission for the City to install and maintain an underground storm sewer drainage line to serve the University Square Apartments. - Will you please have the Mayor sign both copies and return one copy to this offic, Thank you very much. Sincerely, C. L. Terrell Secretary Motion was made by Councilman Troxell, seconded by Councilman Lopez, to accept these instruments. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared -the motion adopted. Motion was made by Councilman Troxell, seconded by Councilman Kruchten; ' that the matter of reconsideration of the Gulf Fillins Station request at i College and Edwards Street, be put back on the table.:. Roll was called resulting ' as follows: . Ayes: Councilmen Carson, Troxell, Kopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. �o Motion was made by Councilman Kissock, seconded by Councilman Lopez, that the location of the Gulf Filling Station at College and Edwards, be approved, since.it is in the proper zone. Roll was.oalled resulting'as follows: Ayes: Councilmen Carson „ Kissocli, Lopez and Kruchten. Councilman Troxell, abstaining. The Mayor declared the motion adopted. Councilman Lopez stated that it'was his opinion that zoning is very important and should be .given careful thought, as any change., has far reaching effects on the people of the City of Fort Collins. Councilman Kruchten. stated - that new zones for service stations, etc.,were in the planning stages now. Motion was made.by Councilman Kissock, seconded by Councilman Kruchten, that all remarks of'the October 9th meeting be incorporated in this meeting. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None,. The Mayor declared the motion ad'opted.. Excerpts from the Council meeting of October 16, 1969, are as follows: '{'lc are Back to Item B. Do you h;::e a sport _regarding ` e drainage` es I Co. Our survey crew took sc.ae s..ots down that alley, enough tc construct some profiles of the alley grades to the north property Tine of this proposed service station site. And I have these here. The existing file line and the red line is what we would propose ground is the 'clue pro as the finished grade of the alley if it were ever to be paved back to the north line of the service station site. Those profiles would result in so-e elevations that I've indicated in red on the service station plan here, s.c I'll br ag those up. Mom: 555 .....---„ Ye:.`re.pav-ng twenty feet back, but in order to do that you've got zo grade the rest of the alley, you'll change the.grade of the rest of the alley. And in so doing - I'm sure you'll want to do this - and in so doing, then you can lower . {Ve. can lower these - our property grade, yes -You can lower your property grade - there's no objection to the curb here. You will get rid of over two feet on the north and drop down to about one foot, which is a otter ...... Yes,.weli, we don't wart to have to build a retaining wall, because this is expense that we haven't anticipated and we didn't allocate funds for it. So we need to get awvy fro-m that.. You won't if you lower.it. O.K. Yes, we can lower it. This is ailright. We just -want to get the acceptable grade so that the flow will go in the right direction. I think if you follow the city engineer's grades, you'll be in good shape. Right. This wi! be fine. In other words, if I could send in this Profile -.a copy of this profile - to our company, then they can redraw the plans accordingly. alien they dray,' the final plans for bids.' Are there other questions from numbers of the Council - anyone in the audience who would like to make any comments? R'ould you please come to the microphone and identify yourself, please sir? - Mly name is McGill. My wife and I.own the property directly on the east side of this proposed site. And I'm at somewhat of a disadvantage now, of course, to follow what you've been ta1kino about. It concerns me immensely. 0 And I'm depending on your gentlemen's engineering facilities to protect me. Because I had'the same thing on the north -side - back of the cafe there.. And I'm dope-��in.On you to see that that Brain's allright. Could I ask? This pavene,z that they're going to pave - is twenty.feet from where? From the soul:: end of their it would be down on .the south end. It will be frc... the .:crth side of their drvoxay clear'on out to the street. T e cu C.)..-,es up in there twenty feet, w'rich is the city property 1ir Or the south end of my property line. Now, will it come to that point or will it core twenty feet farther up the alley? It will cone further up the alley. They have a driveway just north of what is their -property line and your property line. And they' 11 pave - we're asking them to pave north of that driveway, so that cars going out of there won't be continually flipping gravel over in your yard an in d diggo� a hole for you. And then we're asking them to grade the rest of the alley so that it wi, drain )rO-10rly, and I thin: Roy has it figured out for you. So you sho;.:d no; ,nve any proble:, this t:5e. 556 _ MIKE \OT ON. If they build that curve at the north end of the property where they have it shown, they'd have to have a retaining wall, wouldn't they? MIKE 1'0 0\. Any other questions regarding this subject.that was brought up? What are your wishes regarding this? Are there any comments from anyone here? There's an interesting comment. I would 'just like to know how your ? on this thing - so I can repvr� it back to the company. Well, -the comments that were made was that there was a two -foot drop from your proposed grad-, within your lot to the alley, and also a little over a two -loot drop - or aboat a two -foot drop on the north side. And also a one -foot drop, a little over, at the curbing on the southeast corner. :hat these seem rather excessive drops into the surrounding areas. These are the comments that .were made. O.K. Well, the curbing on the north property line between us and the Village ,anc-.i e Fouse - the curbing in there should keep any water from going in their, direction. Because that's why.we put the curb in there. The curbing is two feet higher .than the Pancake House property lire. You want us to lower our general ?grade? Not necessarily. You might put a retaining wall there or/you have the opportunity to lower the grade Well, it would be a lot cheaper to lower the grade. You know, than put in a retaining wall. Yes:, we can loser the grade, if this will be of,any help. 1c're just trying to get this drainage the way that you want it to go, and some points has to be higher so that it will flow to the point that you want it to flow is the problem. But now they can be lower,.so whatever your engineers suggest... Would you think it's your intent to build the grade to the lowest reaso a,- e level and still get drainage? This would be our desire, yes. W::atever the lowest we could live with and still get the acceptable drainage. Actually, across "the east property line,,noone else has any cur bing.... you know. The Pancake House has no curbing - Texaco.has no curbing. We just thought the curbing would be an asset. Apparently it!s causing a problem for you ail, rather than an asset. We felt like this would be something that you would like, because it would - would not create any water going back there. But now we can lower the 'whole grade and be just like the rest of.them. I don't believe you understand the problem'. When you 'grade that alley eow,-, zc,_ 557 I know across the street they've still got a waterhole over there. At the south end of this pavement. i' There's a problem there. I think it's pretty well solved now, is it not? I think we've got it... Well, there's a waterhole there, after this rain. Allright. Thank you. Anyone else who would - in the audience - make any comments? Any further questions to the council? Do I hear a motion? I think this is a matter of zoning. The filling station complies with our zoning regulations and all of our codes, and so I don't especially like 'the service station there, but I would move that we approve this service station sub;ect to the restrictions in the grade and that the Gulf Oil Company continu:.liy works and complies with our City Engineer's recommendations. Mr. Mayor. 1'le've had a petition from almost all of the immediate neighbors opposing the granting of the permit. These neighbors have my complete sympathy because I know the problems that additional business creates in the area. I feel that t:at we face here is a comflict between various different property rights. Owners of property have always felt that they have a right to do with their property as they wish. Owners of property generally consider zoning of any kind to be an. infringement, and perhaps an illegal infringement, of their rights. Owners of adjacent property frequently feel:that improper use of their neighbor's property interferes with their property rights, and this is the situation we have .".ere today. This area has been for some years now zoned to permit'limited business, including filling stations, and I'm sure the day has.been inevitable that this application came in. Although my .sympathies are completely with the property owners, I agree with Councilman Kissock that this is a property use within the zoning and reluctantly second the motion. Yotion been made and properly seconded. Any additional discussion? Question. Carson. As a ::after of philosophy, I'm going to Vbte no on this motion. Troxell I would like to preface my vote on this. I agree with the judgment that Councilman Kruchten and Kissock have made. I feel that we have cone to a crossroad as far as our ordinance has been interpreted in the past. cannot help but, feel that the citizens in the area have a right to be 'heard regarding this particular issue and that their wishes should be considered: We have there on College Avenue within a ten -block area what looks -like to be nine service stations. It's turning out; not only to be a strip as Mr, ------------- indicated in his previous testimony, but; it's getting to be a "gasoline alley", and I feel that judgment, prudent concern about the as ezics-should be involved inraatin g g'a permit of this kind, so tferefore my vote is no. 558 Kissock. Again, I don't like the filling station thereat all, but it conforms to our regulations, our ordinances, our zoning, and I'm compelled in following these guidelines to vote yes. Kruchten. Yes: Being a two to two tie, the motion as stated, carries. I thought, that under the circumstances, the way the motion yas for approval - it.was a two to two tie - that that motion stands. Allright. Motion failed then. May I ask a question? Where does this leave us? We have a letter from the city stating that service station use is permitted, and we bought the property on this basis, and I don't understand now what our problem is. Mr. Attorney. Would you like to respond to that? You have a perfect right to go into court and seek,a mandamus to require the Council to approve the t location. The court in this matter in Colorado has never determined it. It looks like this might be a good place to find out. O.K. You keep referring to this as a filling station, and this is something different that what you have here in Fort Collins. This is more of a_car-care center with a carwash operation, which you do not have. So you're not getting a conventidnal service station here. Which you keep referring to. Well, 1 think we've seen the plans and have surveyed the situation. I thin& this has become a matter of philosophy. I agree with the gentleman -who said it, that according to the zoning this is permitted, but we also, sup-,)osedly, have a right to regulate according to our ordinance the placement of filling stations, car service` centers, or whatever you want to -call it, and I think that the determination has been made here that we've concluded that the citizens have indicated a concern about this matter and that perhaps it is tim7Cthat it be tested in court; if necessary, as to whether we do.have this right as a lellslstivc body to rooulato tho location of sorvicc stations. Very good. Weil be back. b 559 The applicatio.n.of Pryntha Jones dba Sportsman Bar, 210 Walnut Street, for renewal of a Malt Beverage License, to the.'State .of Colorado and the City of Fort Collins, was presented. Motion was made -by Councilman Kruchten, seconded by Councilman Kissock, that this application be 4pproved. Roll was called resulting as follows: Ayes: Counc-i.lmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted'. The application of Ed Cochran dba Speedy Foods, Inc., 1205 West Elizabeth., to the City and State of Colorado, for a renewal of a Fermented Malt Beverage License, w_as presented. Motion was made by Councilman Kruchten, seconded by"Councilman Kissock, that this application be approved. Roll was called resulting asfollows. Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten.. Nayes: None. The Mayor declared the motion adopted. Councilman Lopez moved that a written report from the Chief of. Police accompany all applications and renewals, advising the Council of any pro- blems, such as under -age drinking, etc. Councilman Troxell seconded the motion. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None.. The Mayor declared the motion adopted. Mr; Herbert A. Schroeder of 3000 W. Lake Street, appeared and spoke at length regarding a .conflict of interest on the Planning and Zoning Board, in that Charles Rhoades, Vice Chairman of the Board, was a-realtor, therefore annexations and zonings of certain properties was to his interest, and suggested that the Council take actions to alleviate the situation. That there are different degrees of conflict of interest and thought that such people with such conflicts act as consultants and not voting members. That'a credibility gap existed between the people and the :City. He criticized the $1.25 charge per copy of zerox and stated that 2t kept the public from access to information they were entitled to. He also protested the publication of the City legals in the Star, a weekly newspaper.: Mayor Carson stated that he appreciated Mr. lcchroeder coming to Council meeting, but that the City has to rely on the experience of dedicated people, and stated that it would be almost ..impossible to avoid- some form of conflict of interest and still get people to serve on the boards. Councilman Troxell advised Mr. Schroeder that the Planning and Zoning Board does not make the final decision but on an<advisory basis, that the Councilmakes.the'final decision. The Mayor stated that if a man's integrity is ever doubted, that action would-be taken, and that the Planning and Zoning Board works with the City's more complicated problems. The Mayor also stated that all documents are open to the public at any time and it was not their intention to withhold anything from the public, and it it did happen, it was due to human error. The charge for zerox copies had been established on the basis of time and expense involved in the invest merit of the machine. Mr. Donald Gallagher was present as one of the property owners in the Overland Trail Annexation requesting clarification of the article in the Coloradoan newspaper concerning this annexation. The following letter was'presented and read at length: .-off MILE HIGH REALTY, Inc. City Council City Hall Ft. Collins, Colo. Gentlemen: I hereby resign as a member of the Fort Collins Human Relations Commission. The pressure of new responsibliity which I have assumed is the reaso for my resignation. Very truly yours, /sl Theom.as R. Wilson Motion was made by Councilman Kissock, seconded by Councilman Lopez, that -the City Manager write Mr. Wilson a letter of appreciation for his services. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell. Lopez, Kissock and Kruchten. Nayes: None. The Mayor declatei the motion adopted. The City Manager advised the Council that there were three vacancies on the Coordinating Commission for Senior Citizens Committee and recommended two replareceme nts, namely, Mrs. Tom Stegner and Dr. Douglas Murray. Motion was made 'r by Councilman Lope,, seconded by Councilman Troxell, tht these appointments.be approved. Roll -was called resulting as follows: -Ayes:. Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. Motion was made by Councilman Kruchten', seconded by Councilman Troxe2:1, that the Council adjourn. Roll was called resulting as follows: Ayes:. Councilmen Carson, Troxell,-Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted, and the Council- djourned. M r