Loading...
HomeMy WebLinkAboutMINUTES-07/16/1970-Regular266 I ; MINUTES OF A REGULAR MEETING OF THE -COUNCIL OF THE CITY OF FORT COLLINS, Held w Thursday, July 16, 1970, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Chilton and Kruchten. Absent: Council man Lopez, excused. 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 regular meeting held July 9, 1970, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Chilton and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following ordinance was presented and read at length on first reading: ORDINANCE NO, 42. 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO The following letters were presented and read at length: July 14, 1970 14ayor Karl E. Carlson. 1515 S. Shields Ft. Collins, Colorado 80521 Re: P.nnexation of the Jir. Brown farm. Dear mayor Carlson: " Prior to .your council meeting this coming Thursday, I want very much to pass on to you so-ie of my thoughts regarding the proposed annexation of the Brown farm to the city of Ft. Collins. I feel that the issues involved are of concern to all the people in the conffaunity and indeed, involve basic human rights. 1 am sure that you are aware that the Brown family has been on the property and farmed it very successfully for many years. Jim Brown, Sr. was president of the La*..:b Feeders Association and has been recognized as an authority iri the sheep business for a long time. Jim Brown, Jr. who now operates the farm almost single hardedly, has bred some of the finest sheep in the country and annually walks off with most of the blue ribbons in the Dorset and Suffolk divisions at the State Fair. This naturally brings favorable attention to Ft. Collins and Larir.:er County. His lamb feeding operation, while probably being his primary source of income,. has been secondary in his interests to improving sheep stock in the country. Ir,, addition, to the commercial venture, the Brown family enjoys an extremely fine reputation and are hard working, honest, friendly citizens of this community. _ In the past, when requests were made of the Brooms to give un portions of their real estate for the betterment of the r; community, such as when they sold two tracts to the school district and when they alloyed 15 feet of right-of-way to be annexed to allow a neighborhood development to proceed, as well as allowing a sewer line to be laid down through the middle of their farm to accomodate the Colorado State University football, stadium, they have always been most cooperative and helpful. j Now, however, -I know that it is not their wish to be annexed to the city. ror to do so would mean either an entire chance _ in their profession and way of life, or it would r:.ean that the Brown family would have to sell their farm and buy elsewhere 267 -IFill to L, to continue with their present Lype of operation. They have no desire to either move or to change their way of 'li_'e or their profession. - Although I do not know the immediate reasons for considering their annexation, I have heard that one involves development:. of a storm sewer to drain t'r_e Spring Creek drainage area. The Brown farm lies near the uppermost reaches of the drainage area for Spring Creek, and what could be more absorbent than. good plowed fields for the moisture that falls there? It seems to me to transgress human rights to annex a mans } farm measuring half a section agaip_st his will, and wishes, . and then assess him by the square foot to pay for a storm sewer drainage system which is completely unnecessary to his property. .7ne capacities of such -a setrer system would necessarily be much higher should the Brown farm be subdivided and a good portion of it be covered with asphalt. It is not at all the Bro:•rn's fault that development has proceeded in low lying areas of the Spring Creek drainage system and they should not be made to pay for it. If they are annexed and _"assessed for this, it would amount to perhaps $50,000, and would necessitate breaking up and su'adividing the farm, as sheep farming does not raise that kind of money. Naturally, the bounderies of Ft. Collins must expand and take in real estate trnich is now .used for agricultural purposes. However, it see s to me that there are enough farmaers on the bounderies of Ft. Collins ready and willing to leave agriculture for real estate development to allow those who Irish to continue with their present way of life to do so until either they wish a to mare the change, or their agriculatural operation beco:aes entirely unfeasible by being surrounded -by urban development. I hope that you will give the above ::tatters, your thoughtful consideration before you decide definitely on the fate of the Brown -farm and fai,ily. Very sincerely yours, .Douglas tI. 21urray, M.D.. HARDEN, OLSON 6L NAPHEYS ATTORNEYS AT LAY/ - - - - RALPH B. HARDEN . A PROFESSIONAL CORPORATION WINSORC. MOORE - WALDINE H. OLSON TENTH FLOOR _ OF COUNSEL B. F. NAPHEYS 3Q FIRST NATIONAL TOWER BUILDING - 482_�Y,7. ".T. CHMIOT.JR. - FORT COLLINS. COLORADO 80521 .AnEACooe303 " GEORGE H. HASS - July 16, 1970 Honorable City Council of the City of Fort Collins Fort Collins, Colorado 80521 Re: Forced annexation Southwest of the City of Fort Collins, Colo. Gentlemen: I am writing this letter in behalf of Dr. Robert T. Smith to advise you that I am unable to attend the first reading of the ordinance . kegarding the above -referenced annexation because of meetings with the Larimer County Commissioners and depositions scheduled for this afternoon, July 16, 1970. • a3'4_.. uV .'R ...4 .:' .... .. _..... s.._ "..- '. _ • ry a -.. vh. N.`Ti°1 � a M 268 - - 77, I respectfully request a tabling of the first reading of the ordin- F ance.or an opportunity to be heard in opposition to the ordinance sk, at the second- reading. j Dr. Smith is the owner of approximately 41 acres of land contiguous to the annexation which was. voluntarily annexed in 1969 and zoned R-P-Planned Residential District. Also, I am advised b;, the City Planner that property adjacent to Dr. Smith is subject to a five year waiver of forced annexation and is -not now being annexed. Dr. Smith opposes the R-L=Low Density Residential zoning which is proposed for his property now being annexed and requests (1) that his property be annexed as R-P so as to be in harmony. with the zoning on the previously annexed property, or (2) that his property be excluded from the present annexation. I call our at to the fact that the density of development Y allowed upon Dr. Smith's property by the present county zoning l to the density allowed under the regulations is at least equa estion the reasonableness of the annexation City R-P zone. I qu because it will arbitrarily reduce the density of development allowed on the property without any showing of a need for such reduction. Also, we.request an opportunity to question the existence of the statutor standards of eligibility of the property for annexation. Y hether there is a communit of Specifically, we question (1) w Y interest between the territory proposed to be annexed and the City of Fort Collins and-(2) whether the territory proposed to be annexed is urban or will be urbanized in the near future. Thank you !or your consideration of our request. Vgry truly yours, Waldinia- Olson FOR THE FIRM Mr..I4m. Allen, Attorney, representing Jim Brown and Tom Herring, was present and asked the Council what advantages there were to being annexed to the City and if developing storm sewer drainage was possible without the annexation. Mr. Jim W. Brown, 1522 Whedbee, was present and was asked by Mr. Allen how long the farm had been in'the family, Mr. Brown stated that the farm was managed by himself il from 1921 to 194S, after which Jim�t6ok it over. He was asked what operations went on at the farm. He stated that breeding of sheep and growing a bulk.of the feed for the livestock ' was the main operathn. He was asked if the City had got easements from the Browns. hi;. Brown answered that they had without condemning the. -_property, that they had always cooper-' ated with the City when it was for the best of the community. He was asked if.they needed ,city lire protection and was told no, that there was a ru al system. Asked if they needed --aid no, that they also had sufficient light, water and gas police protection and was to service. ` He was asked if they would sell the land Fir developing and was told that they would probably sell eventually, but not S or to >cres at a time: Mr. Allen asked if Mr. a..o the City and [r. Brown said, none what so ever Brown saw any advantages to being annexe as the farm is now:: Councilman r,rson asked what areas around• them were in the City. He said some to the East, South aid on Prospect., City development to the north, west Pr;d-.east; annexation was premature. Councilman vrucht-I asked if Mr. but Dir. Brown thought thi_ Brown thought the p-,,perty would increase in value if it was eanexed. Mr. Brown said it :as, he had heard, around 1'I/2 probably would ..nd said the assessment on .the storm sewer t 269 4 .. per square foot. 11}is figure was kicked around at the Planning and Zoning Board meeting Mayor Carson stated that they were many years behind on a storm sewer drain program. 1 aM-Re asked the City Attorney if the City could extend the assessment as on water and sewer line and then pick up the cost when it was improved along with the assessment. He also ter. asked if a system could be utilized where the property had been owned in one family for 10 years or more, if an understanding could be reached. Mr. Liquin added .comments on construc- tion of sanitary and storm sewer difficulties on assessments. Councilman Kruchten asked if an agreement with Mr. Brown could be made to have a sub -district and pay assessment at time of developing. City Attorney March said this matter would require study, that the whole area shad to be considered. The Director of Public Works stated that with storm sewer, everyone_. ` pays for two types of drainage and that it would benefit the whole City rather than..a few r people. " Councilman Troxell asked for a decision from the City Attorney on a 42 inch main r picking up smaller lines. Mayor asked if the City could build truck lines and later have small areas tie-in. Mr. Allen asked if the City had an ordinance for the storm sever and was told they did not. Mr. Allen asked why storm sewage could not be arranged in the same way as water and sewer bonds. The only reason to annex the land is to put an assessment on r so that the land may benefit some day. Mayor Carson said it would be best to put drainage in and assess this land when it is improved. Councilman Kruchten asked for a report from the.City Attorney on this kind of system at the time of second reading. Councilman Troxell" agreed to this suggestion. Councilman Chilton asked of there is a planning table or schedule. Mayor Carson said it is 5 years behind, should have started in 1945 or sooner; , that they have an engineering company working on it now. Jim Brown, Jr., 2513 West Prospect, appeared and Mr. Allen asked him if he was planning to continue operations as they are. Mr. Brown, Jr. said they were as long as the ;farm is profitable., that he. wanted to hold it until someone would buy and develop the entire i farm. Mayor Carson -asked if it it would be to their advantage if the storm sewer was there' to sell the property. Mr. Brown stated that if the assessments were on the property, it would j not be advantageous. Mr. Allen -remarked that there has been hardly any property this size a annexed all at once because developers cannot afford to.bring all of it in at once. Mr. Tom Herring, 2424 South Overland Trail, was present and stated he has 120 Ik the proposed 'E acres in annexation and has lived on this farm for 29 years. He was asked the operation �E of farm and he stated growing bulk of feed for feed lot. He was asked if there was I � I� any development, Mr. Herring stated none near this acreage. He was asked if they needed E any City fire or police protection and he sajd they did not, that they have their own water { supply. He was asked if he would sell this land and he answered he would sell if :offered �j enough but is not ready to sell now. Mr. Allen stated that the statutes should be changed ,r in i� if this land is forced /for storm sewer, being solely farm land. R Mr. Allen concluded that these are farms and .then they are ready to come it to the City, they will ask for annexation, but not now. Ns long as the farms are in operation the system should be paid when they benefit. Mrs. Doris Dougherty on {Vest Prospect spoke wanting to commend the City for;starting _ storm sewer drainage and would like to assist in a solution. She stated she was,c'oAcerned with R=L zoning because of the low land. She suggested high density for apartments and . an easement along Spring Creek to put :n hiking, cycle and horseback riding trails',for reZreation purposes. Mr. George Post, 2324 went Lake, was present and remarked that the CounCiI'should. take, the people's opinion, on whether they wanted to come into the City into co*.siderat. Councilman Troy _t that ;.hen they were elected .they believed that th-'people'thouaht the .:,Uld makr decisions wothout personal fealings entering into it. mr. Post asked .nv _`- Ra k the City could not plan with the County and was told that the City is working with the County.. ' Councilman Chilton said that there is a definite drainage problem and a study of this should be made, stating that he would like to see it tabled. Mrs. Julia Real, 1608 Sheely Drive, said she seconded Mrs. Dougherty's solution on recreation use for Spring Creek area, stating that could probably get federal funds for .parks and recreation use. ` Mrs. Doris Dougherty again appeared, spoke of the water run off and recommended a firmi in Kansas City which has done work in this field. -Mr. Austin Simonds, 1843 Michael Lane, appeared and stated that they have not had as mudh water now as there was 11 years ago when he moved to this address, that in the Planning and Zoning meeting, it"was stated that the development o.i the north side of {Vest Prospect was j causing the problems of run off in that area. Mr. Herb Schroeder, 3000 West Lake, appeared and suggested delaying the issue until they could get an engineer's report. He stated he felt that they had not received enough publicity on this issue and the farmer organization were not informed, and did not feel it right to take existing farms in the City. He said he would like to see a park along Spring Creek Councilman Troxell asked for a 5 minute recess. Mayor Carson declared a recess. Councilman Kruchten went over the history of this area and stated that this decision was not an easy matter to decide. The question is not.whether farmers want to continue but �. who should pay the assessment, that the cost will be.high. He asked the City Attorney to come UP with a workable plan on on delayed costs. _ Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the ordinance to passed on first reading. Roll was called resulting as follows: Ayes: Councilmen.Carson, Troxell and Kruchten. Councilman Chilton, abstaining. Absent: T Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. - The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING PUBLIC NOTICE CONCERNING A PROPOSED ORDI_ NANCE CHANGING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING CHAPTER 19 OF THE CODE OF ORDINXNCES OF THE CITY OF FORT COLLINS, COLORADO, 1958,AS AMENDED, COMMONLY KNOW\ AS THE ZONING ORDINANCE. j WHEREAS,, a written petition has been presented to the City Council requesting that"the zoning ci ssification for the property more particularly described in the "Notice of Public Hearing" attached hereto be changed from R-P, Planned Residential Districts to B-L, Limited Busienss District; and WHEREAS, the Planning and Zoning Board has made a study of said rezoning request and has held a hearing and made a report and recommendation thereon, all in accordance with the provisions of Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado; 1958., as amended; and .{ WHEREAS,the City Council desires to holdAa public hearing on said rezoning z request as required by Section 19-46.1 (5) of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. NOiV-THEREFOFE „ BE IT RESOLVED BY THE COUNCIL OF THE CITY `OF FORT COLLINS that, August 6, 1976, at 1:30 P.M., or as soon thereafter as the matter may come on for hearing, `. in the Council Chambers in the City Hall of the City of Fort Collins. is hereby set as the i" time and place for a.public hearing on said rezoning_ request:'%ind BE IT FURTHER RESOLVED that the City �''-'. ,.s hereby instructed to publish a`notice r' of said hearing as provided in Se.•.-.�. 1 -40.1 (5) of the Code of Ordinances of the City of . ^�t.�.ins, Colorado,.195s -, amended, in the form attached hereto. xp; 271 Passed and adopted at a regular meeting of the City Council held this 16th day of July, A. D. 1970. /s/ Karl E. Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilman Troxell, seconded by Councilman Chilton, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen CArson, Troxell„ Chilton and Kruchten. Absent: Councilman Lopez, excused. Nayes: Nome. The Mayor declaed the motion adopted. The City Attorney reported on the White Motel Corporation package liquor store application, stating he was concerned with the one year delay after approval of the original application, there being no time limit in the ordinance. Gordon Clyde, The Chief Building Inspector, stated there wss a minor fire hazard, but did not consider this serious and recommended that it be waived. Mayor Carson stated there should be a time limit because of other possible applications in this area and asked the City Attorney to amend the ordinance by adding a 12 month lim it on future applications. Motion was made by Kruchten, seconded by Councilman Chilton, to approve the license and waive the fire requirement. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Chilton and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayro declared the motlion adopted. The following communication was presented and read at length: July 15, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent - SUBJECT: Bids - Water Mains Bids have been received and evaluated covering consideration to contract for: 12" Stover and 20" Lemay Water Mains. Eight invitations to bid were sent; two were returned. A summary of the bids are as follows: City Engineer's Estimate: $ 10,045.00 Jansen Construction Co. 8,575.00 ** Weitzel & Sons 11,425.00 Mr. Don Bauman, City Engineer, has evaluated the bids and all specifications have been met by the low bidder. The recommendation is that Jansen Construction Compa.iy be awarded the contract in the amount of $8,575.00. Respectfully submitted, E. M. Kuppinger Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that the j recommendation of the Purchasing Agent be accepted and the low bid of Jansen Construction Company be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Chilton and Kruchten: Absent: Councilman Lopez, excused. Nayes: None. The: Mayor declared the motion adopted. I The rezoning of 1.0 acres from R-H to B-G zone, which was tabled July 9, 1970, was again presented. Motion was made by Councilman Troxell, seconded by Councilman.Kruchten, that this be removed from the table. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Chilton and Kruchten. Absent: Councilman Lopez, excused.-' NayesNone: The;Mayor declared the motion adopted. 4 272 Don Reynolds, Planning Director, showed this area on the screen. The Planning and Zoning Board recommended only .1 acre be rezoned, and.the balance be refused. City Attorney March asked Don Reynolds whether all of the petitioners are in favor.of this or would a new petition be submitted, if a new petition, would be a delay of one year. Mr: Chris Ferguson, 3045 LaPorte, was present and spoke for the Later Day Saints Church.. He stated that plans are this lot will be parking for the church. In 7 years the lot will be paid for but until then, since there is a residence on the spot, the church would like to rent this building and apply the revenue obtained toward the purchase. Councilman Kruchten asked if it is for temporary rezoning. Councilman Troxell asked if they could rezone for temporary business. -Cit) Attorney March said they could not. Councilman Troxell asked that the petitioners amend the petition to a acre rather than 1 acre. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this i matter be referred back.to the petitioners to amend original petition. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Chilton and Kruchten. Absent: ?I Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following letter was presented and read at length: Schrader Oil Co, July 14, 1970 - I To the Mayor and Council Members Fort Collins, Colorado I would like to confirm your previous`decision.to grant Council permission to construct a service station on the following property. The location is the corner lot at Canyon Ave. and S. Howes Street. This lot has previously been approved by Council but circumstances delayed the building of a station until now. Yours truly, Wayne K. Schrader After some discussion and since the original request was approved in August, , apparently 1965, the City Attorney said he would like to look into this, stating thel-e/is no limit on constructing stations. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this -matter be referred to the City Attorney for investigation and report,,: Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell;. Chilton and - Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length - July 15, 1970 TO: Fort Collins City.Council FROM: Planning'and Zoning Board SUBJECT: #47=70. Proposed amendment to parking requirements in RLM zone. Amendment of Section 19-30A, paragraph 7 The Planning and Zoning Board considered this item at its July 7, 1970 meeting and recommends approval. The Board felt a parking arrangement wherein one parking space is provided rbehind another is acceptable provided both spaces are for the -same dwelling unit and are .under the control of same. Respectfully submitted /sl Rick Cisar Acting' Seer etary Motion was made by Councilman Kruchten,seconded by Councilman Troxell, that this matter be referred to the City Attorney to prepare the necessary' resolution and notice of 2T3 i hearing. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, - Chilton and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length: July 7, 1970 Mayor Karl E. Carson 1515 South Shields Street Fort Collins, Colorado Dear Mayor Carson: Trinity Lutheran Church has agreed to purchase 5.54 acres and has optioned an -additional 3.3 acres of land situated along Stuart Street, bounded by Spring Creek on the south and extending from the Indian Meadows Apartments to the Spring Creek bridge on Stuart; a total of approximately 8.8 acres. It is the intention of Trinity Lutheran Church to develop a church building and educational unit on the western end of this tract of land with a parking area (all off-street) 'near the central portion of the tract. Recent conversation with City Manager Tom Coffey and our recent telephone conversation t indicates that interest exists to create a Youth Center somewhere near this area. j Subject to approval of the Church Council and Congregation of Trinity Lutheran Church, an amount of land not to exceed 3 to 3.3 acres could be available at the eastern end of this tract of land with joint use of parking area in the central section. Statements have been made that indicate an interest by several members of our Congregation in supporting and attempting to furtner the needs fora Youth Activity Center as part of our Christian ' responsibility. If suitable interest exists, I would be available to discuss further development with a committee or such persons as you may designate,. I f Our architect is Charles Ingalls $ Associates of 1007 Lamay, Fort Collins. Preliminary j plans are-veing prepared for the Church facilities at this time. Architectural control of this area is under_ -the Indian Meadows Development Company. Very truly yours, Robert L. Norton Vice -Chairman, Building Committee t Trinity Lutheran Church After discussion, motion was made by Councilman Troxell, seconded by Councilman t Kruchten, that this be referred to the Administration for report. Roll was called resulting as follows: Ayes! Councilmen Carson, Troxell, Chilton and Kruchten: Absent: Council- man Lopez, excused. Nayes: None. The Mayor declared the motion adopted. A request for a service station at the west end of Ghent Motor Co. lot, on Mason ! and Drake, was presented. After discussion concerning grading, drainage, paving and devel- F , opment, motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this request be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Chilton and Kruchten. Absent: Councilman Lop ez, 'excused. Nayes: None. The Mayor declared the motion adopted. The Laporte Sanitation District agreed to transfer to the City 110 acre foot units of Horsetooth water when the City took over the District's water system. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this be referred to the City Attorney to prepare the necessary resolution to complete the transfer. Roll was called resulting as follows: Ayes Councilmen Carson, 'Troxell, -Chilton and Kruchten, .Absent: Councilman `' Lopez, excused. Nayes: None. The Mayor declared the motion adopted 274 }% Mr: Wayne Miller, Graduate Student of Rutgers University and now on the staff at CSU, was present and stated he would like to submit a master plan on Parks and REcreation for Fort Collins. This plan would be up dating Mr. De Boor''as former plan dated 1962. He auvised the Council that he would do thl he feor�a ccste oz �i,!Sj,.too. City Manager Coffey stated he recommends this plan. Councilman Troxell stated that he knows Mr. Miller and also recommends this plan. Motion was made by Councilman Troxell, seoonded by Councilman. Kruchten, that the City Manager's recommendation be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Chilton and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted. Councilman Troxell recommended that the City look into trailer parking at City Park as permitting over night parking lowers the quality of the area and should not be permitted. Councilman Chilton said that he agreed and recommended no parking. Mayor Carson suggested that this matter/put on the agenda for next week for further discussion. Motion was made by Councilman Troxell, seconded by Councilman -Chilton, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,' Chilton and Kruchten. Absent: Councilman Lopez, excused. Nayes: None. The Mayor declared the motion adopted and the Council adjourned./ ATTEST: City C1