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HomeMy WebLinkAboutMINUTES-05/09/1978-SpecialMay 9, 1978 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Special Meeting - 1:00 P.M. Pursuant to the following call, a special meeting.of the Council of the City of Fort Collins was held: CALL OF SPECIAL MEETING Members of the City Council: Pursuant to the request of the Mayor of the City of Fort Collins, a special meeting of the City Council is hereby called for 1:00 p.m. Tuesday, May 9, 1978, in the Council Chambers of the City Hall, 300 Laporte Avenue, Fort Collins, Colorado, for the purpose of discussing condemnations and any other matters that might properly come before the Council. Very tru ours, Verna Lewis C.M.C. City Clerk Received a copy of the within call of meeting this 8th day of May A.D., 1978, and consent to 3 May 9, 1978 Roll call was answered by the following Councilmembers: Bowling, Gray, St. Croix, Suinn and Wilkinson. Absent: Councilmembers Bloom and Russell. ' Staff Members Present: Arnold, Deagle, Sanfilippo, McGraw, Bingman, Polifka, Thexton, Phillips, Lanspery, Krempel, Liley and Lewis. Also: City Attorney Arthur March, Jr. Resolution Authorizing Acquisition By Eminent Domain Proceedings Withdrawn Following is the City Manager's memorandum on this item: "lice city has attempted to acquire a right-of-way and utility easement on property located near the intersection of Stuart Street and Busch Court. This property is owned by Warren Funeral Chapel, Inc. Negotiations over the purchase price were unsuccessful. We need the easement now in order to proceed with the Spring Creek Sewer Interceptor Line. We recomrend that we begin condemnation proceedings so we can acquire this property. This particular sewer line has been a priority of the city for several years and we need to continue moving on it. We have the contractor held up ' now because of this particular problem." City Manager Arnold stated Assistant City Attorney Don Deagle had been working with the property owners, and requested that Mr. Deagle brief the Council on the pro- deedings. Assistant City Attorney Deagle stated this is a situation in which the City has been unable to acquire the property for the easement at the time the City needed it for con- struction purposes. While the Administration is request- ing that the City authorize eminent domain proceedings at this time; it does not necessarily mean that nego- tiations will be suspended. Attorney Jim Beatty, representing Warren Funeral Chapel, suggested that the proposed action of eminent domain is not appropriate at this time; the property owners had not been asked for the right-of-way across the property until the (construction) machines were on the site. The property owners had suggested to the City two alternate routes to use for the installation to do the minimum amount of damage to the property. Mr. Beatty presented a map which indicated that the route of the proposed sewer transverses, and eliminates the use or any prac- tical use of, one-third of the land involved. 284 May 9, 1978 Attorney Beatty then presented two proposed alternate routes and methods: 1) to encase the underground ease- ment so that the surface could be utilized, or to come down Busch Court, down Spring Park Drive, and cross Spring Creek in this area, or 2) to continue with the sewer down Stuart Street, thereby doing no damage to the property affected. ,Council members inquired when the negotiations with the owners had taken place. It was ascertained that the property owners had been requested to provide the right- of-way a week ago Thursday. City Manager Arnold stated that there have been problems with the procedure. The Sewer Project had been authorized in 1972; a portion of the line was engineered and con- structed by City crews, and now is being engineered by the firm of Hogan and Olhausen. A contract has been let and the construction crews have been pulled off the job pending acquisition of the right-of-way. A further prob- lem exists in that the land involved is in the Spring Creek Flood Plain. Director of Water and Sewer Roger Krempel spoke to the design and location of the sewer line, which is planned to fit in with the concrete channel for storm drainage. ' Public Works Director Roy Bingman stated that in con- nection with storm drainage, before any property in this area could be subdivided, the City would request that the property owners reserve enough room across the property for the storm drainage flow that is anticipated, as reflected by the interim plan which Council has re- viewed for the quantities of water expected in Spring Creek. Further, more than just the eighty feet of this property is already in the natural flood plain of Spring Creek. The City is proposing that the section be chan- nelized to limit the width of the flood plain of that property and make it as usable asit can be made. The way it is now, nothing should be built on the property without creating that easement and confining the flood flow. Attorney Beatty stated he understood the flood plain issue is not the issue at hand. 1 Property owner Milo Bohlender stated he had "no prob- lem" in granting the easement along Stuart Street. At this time, City Manager Arnold requested the resolu- tion be withdrawn from consideration. 285 May 9, 1978 Director Krempel raised the following question: "We have a contractor with machinery sitting there, waiting; to go. It willP. take time to survey and draft descrip- tions and for at to get back with you and sign up this easement --I would say three or four days, at the least. Can we have an understanding to go on your property im- mediately and survey, and when they are ready to con- struct, construct on a front easement?" Attorney Beatty responded, "I think so." Milo Bohlender stated, "They have been working there for three weeks now." The staff will prepare a license to allow the contrac- tors to proceed. Adjournment Mayor Suinn declared the meeting adjourned at 1:30 p.m. Mayor ' ATTEST: ty