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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2002 - FIRST READING OF ORDINANCE NO. 090, 2002, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 18 FORT COLLINS CITY COUNCIL DATE: June 4, 2002 is 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 of the Ordinance on First Reading. i 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 corner of the Harmony-Timberline intersection. Engineering/Street Oversizing staff recognized that this building might be of historic interest, so efforts were begun in the year 2000 to have the City's Advance Planning/Historic Preservation office and the Landmark Preservation Commission locate a buyer for the 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 DATE: June 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 has complained about the fact that the Harmony Gas Station is still stored in a temporary condition on the golf course. City staff has tried for two years now to identify someone willing to make the necessary investment to preserve and make use of this building. To date these efforts have been futile. Rather than demolish 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 a site within the City for historic preservation purposes, or, as a last resort, demolish the building. . 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 Larimer 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; (b) accept proposals for relocation of the Building to a site within the City for historic preservation purposes; or(c) destroy the Building. Section 3. That the Purchasing Agent may, in consultation with the City Manager, determine which of the foregoing methods of disposition is most appropriate and cost effective for the City and in the best interests of 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