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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/16/2002 - SECOND READING OF ORDINANCE NO. 090, 2002, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 11 FORT COLLINS CITY COUNCIL DATE: July 16, 2002 FROM: Jim O'Neill SUBJECT : Second Reading of Ordinance No. 090, 2002, Authorizing the Sale of City-Owned Property Known as the Old Harmony Gas Station Building. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: The Harmony-Timberline project was scheduled for construction in 2001. This was a critical project at a major intersection, and traffic safety concerns made it essential that this project stay on schedule for completion in 2001. Eminent domain authority was granted by City Council in order that ROW issues not block the construction. It became necessary to exercise the eminent domain authority to obtain possession of the necessary ROW at the NW corner of the intersection. In obtaining possession of that ROW, the City also took possession of the Harmony Gas Station building, under an agreement between the owner of the property and a subsequent court order. Council requested that the Landmark Preservation Commission (LPC) hear and provide comments on this item. The LPC was presented an update on the Harmony Gas Station Building and this item on June 11, 2002. The LPC had no negative comments regarding the planned sale of the structure, and commended preservation staff on their long efforts to deal with this relocation. The LPC also took action regarding the Demolition Review Process outlined in the City Code and scheduled a hearing for public comment on the relocation of the structure for July 17, 2002. The sealed bid auction opening was held July 9, 2002. There was one bid received for the structure in the amount of $8,333. Fun Fortress, LLC, which owns and operates the Fort Fun Amusement Park, intends to use the structure as a feature in its planned family go-cart track attraction. In its proposal, Fun Fortress, LLC stated: "We will have old style gas pumps, racing flags, automobile plates, and other automobile related memorabilia in the building as well as around the go-carting area....We believe this is a natural fit as the building was a gas station and was also an automobile museum for many years. It is our intention to not only preserve this building for the benefit of our community, but also to help educate out future generations on the importance of our cities history." DATE: July ITEM NUMBER: 11 CPES and Transportation staff concur that this is an acceptable bid and have recommended the contract be awarded. Ordinance No. 090, 2002, was unanimously adopted on First Reading on June 4, 2002. It has been revised on second reading to delete any reference to the demolition of the structure. If, in staffs judgment, demolition becomes necessary due to non-performance of the successful bidder, Council approval of the demolition will be sought at a later date. ORDINANCE NO. 090, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OR OTHER DISPOSITION OF THE OLD HARMONY GAS STATION BUILDING WHEREAS, a petition in eminent domain was filed by the City in the Latimer County District Court on April 6, 2001, seeking to acquire by eminent domain certain real property (the "Property") for the widening of, and other improvements to the intersection of Harmony Road and Timberline Road (the 'Project"); and WHEREAS,the Old Harmony Gas Station(the 'Building")was located in the right-of-way to be acquired for the Project; and WHEREAS, on May 3, 2001, the Latimer County District Court issued an order allowing the City to take possession and use of the Property,and to relocate the Building to an off-site location during the pendency of the eminent domain proceedings; and WHEREAS,the purpose of relocating the Building was to preserve it because of its historic significance, and to allow for the possible return of the Building to a different portion of the Property; and WHEREAS, the City has contacted the previous owner of the Building, who is also the current owner of the remainder portion of the Property,and the City and the owner have been unable to reach an agreement regarding the return of the Building to the Property; and WHEREAS, the Building is presently situated on the City's SouthRidge Golf Course, and the City wishes to remove the Building from that location; and WHEREAS, members of the local historic preservation community have expressed an interest in finding a suitable alternate site for the Building; and WHEREAS, if no such alternate location can be found in the near future, City staff has recommended that the Building be sold to the highest bidder or destroyed; and WHEREAS, on May 21, 2002, the District Court entered an order to permit and authorize the City to dispose of the Building as the City deems appropriate and necessary, which disposition may include, but need not be limited to, the sale, auction, destruction or other disposition of the Building; and WHEREAS, Section 23-111(a) of the City Code states that the City Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City; and WHEREAS, the definition of "real property" for the purposes of Section 23-111 includes buildings. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the sale or other disposition of the Building, presently situated at the City's SouthRidge Golf Course, is hereby determined by the City Council to be in the best interest of the City. Section 2. That the City's Purchasing Agent is hereby authorized to: (a) offer the Building for sale to the highest bidder;or(b)accept proposals for relocation of the Building to a site within the City for historic preservation purposes, the eity and in the best intmests of the eity. Introduced and considered favorably on first reading and ordered published this 4th day of June, A.D. 2002, and to be presented for final passage on the 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk .. __... ... AGENDA ITEM SUMMARY ITEM NUMBER: 18 FORT COLLINS CITY COUNCIL DATE: June 4, 2002 STAFF: Jim O'Neill SUBJECT: First Reading of Ordinance No. 090, 2002, Authorizing the Sale of City-Owned Property Known as the Old Harmony Gas Station Building. RECOMMENDATION: Staff recommends adoption o e Ordi c)o1i PtReEding FINANCIAL IMPACT: Sale or other disposition of the building is not expected to generate significant revenue, but it will preclude the City from expending additional funds to demolish this structure or to relocate it again. EXECUTIVE SUMMARY: The upgrade of the intersection of Harmony Road at Timberline Road made it necessary to acquire additional right-of-way (ROW) for sidewalks, bike lanes, turn lanes, medians and associated improvements. The old Harmony Gas Station was in the area needed for additional ROW at the Northwest co of e y i r i ersection. Engineering/Street Oversizing staff recognized t t this b ing f hi rc interest, so efforts were begun in the year 2000 to have th City' van ning/Hi ric Preservation office and the Landmark Preservation Commission loca e a uyer for t e building and the surrounding property. It was hoped that the building could be relocated on the same property or in the same general area. Numerous such efforts over about a year failed to produce a willing buyer for the building or the property. The Harmony-Timberline project was scheduled for construction in 2001. This was a critical project at a major intersection, and traffic safety concerns made it essential that this project stay on schedule for completion in 2001. Eminent domain authority was granted by City Council in order that ROW issues not block the construction. It became necessary to exercise the eminent domain authority to obtain possession of the necessary ROW at the NW corner of the intersection. In obtaining possession of that ROW, the City also took possession of the Harmony Gas Station building, under an agreement between the owner of the property and a subsequent court order. DATE: June 4, 2 ITEM NUMBER: 18 Holding out hope that the building would be of interest for historic preservation purposes, the Street Oversizing project team hired a house moving contractor to move the building intact. Before moving it, an historic preservation specialist was hired to document the historical features of the building and the site. Then the building was moved to City property at the SouthRidge Golf Course, in the vicinity of the maintenance facility for the golf course. That is where the building remains today. The Harmony-Timberline project was completed in November, 2001. A City resident whose home faces the golf course ha ai o t Harmony Gas Station is still stored in a temporary Condit on t golf r ty has tried for two years now to identify someone willing to ake the ecess vestment preserve and make use of this building. To date these efforts ee er th Harm the building and haul its remains to the landfill, it has been suggested that the building be offered for sale. The original agreement anticipated that the property owner might want to have the building returned to the remainder of the property, but that has not proved to be the case. It is hoped that someone would be willing to buy the building and pay to move it off of City property, and make some beneficial use of it. The Larimer County District Court recently signed a motion filed by the City in the eminent domain proceedings and authorized the City to dispose of the building. Approval of this Ordinance will allow the City Purchasing Office to offer the building for sale, consider proposals for relocating the building to Ch his pr rvation purposes, or, as a last resort, demolish the building. AN W ! t41' East Mulberry—_—W--Y-—14-) -1 -------- d aG g if u !! i -�u i� Proposed Location for I � �lilt Old Harmony Store O O h44, =ORT UN DAVIS 7AVIS -rc I� oIE UASTEfl SITE —UN ORDINANCE NO. 090, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OR OTHER DISPOSITION OF THE OLD HARMONY GAS STATION BUILDING WHEREAS, a petition in eminent domain was filed by the City in the Larimer County District Court on April 6, 2001, seeking to acquire by eminent domain certain real property (the "Property") for the widening of, and other improvements to the intersection of Harmony Road and Timberline Road (the "Project"); and WHEREAS,the Old Harmony Gas Station(the "Building")was located in the right-of-way to be acquired for the Project; and WHEREAS, on May 3, 2001, the Latimer County District Court issued an order allowing the City to take possession and use of the Property,and to relocate the Building to an off-site location during the pendency of the eminent domain proceedings; and WHEREAS, the purpose of relocating the Building was to preserve it because of its historic significance, and to allow for the possible return of the Building to a different portion of the Property; and WHEREAS, the City has contacted the previous owner of the Building, who is also the current owner of the remainder portion of the Property,and the City and the owner have been unable to reach an agreement regarding the return of the Building to the Property; and WHEREAS, the Building is presently situated on the City's SouthRidge Golf Course, and the City wishes to remove the Building from that location; and WHEREAS, members of the local historic preservation community have expressed an interest in finding a suitable alternate site for the Building; and WHEREAS, if no such alternate location can be found in the near future, City staff has recommended that the Building be sold to the highest bidder or destroyed; and WHEREAS, on May 21, 2002, the District Court entered an order to permit and authorize the City to dispose of the Building as the City deems appropriate and necessary, which disposition may include, but need not be limited to, the sale, auction, destruction or other disposition of the Building; and WHEREAS, Section 23-111(a) of the City Code states that the City Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City; and WHEREAS, the definition of "real property" for the purposes of Section 23-111 includes buildings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the sale or other disposition of the Building, presently situated at the City's SouthRidge Golf Course, is hereby determined by the City Council to be in the best interest of the City. Section 2. That the City's Purchasing Agent is hereby authorized to: (a) offer the Building for sale to the highest bidder;or(b)accept proposals for relocation of the Building to a site within the City for historic preservation purposes, Section 3. Thftt tile Pt11ChaSir!6 lh6CM May, iLL COLIStfltatiOn vo ith the eity Manager, the eity and iLl tit, best iHteMSt3 Vf the City. Introduced and considered favorably on first reading and ordered published this 4th day of June, A.D. 2002, and to be presented for final passage on the 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk