HomeMy WebLinkAboutCORRESPONDENCE - BID - 5718 SALE OF THE OLD HARMONY GAS STATION BUILDING (3)r
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AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS
July 16, 2002
Proclamations and Presentations
5:30 p.m
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Proclamation Proclaiming August 4, 2002 as "National KidsDay"
Proclamation Proclaiming August 6, 2002 as "Neighborhood Night Out".
Proclamation Proclaiming the Week of July 21-27, 2002 as "Flood Awareness Week".
Proclamation Proclaiming July 20, 2002 as "A Day of Education for Children's Safety".
Proclamation Proclaiming July 4 - August 6, 2002 as "Good Neighboring Month".
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1.
2.
3.
4.
5.
CALL MEETING TO ORDER.
ROLL CALL.
CITIZEN PARTICIPATION (limited to 30 minutes)
CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
AGENDA REVIEW: CITY MANAGER
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 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,
L M-1 - - ` , I - - I . - - -
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
be used to conduct a sustainable design seminar for local investors, developers, engineers and
architects.
10. Second Reading of Ordinance No 089 2002 Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the South Taft Hill Projects
The South Taft Hill Road Improvements Projects include the Spring Creek Trail Crossing
and Extension, the Taft Hill Waterline Extension and the Regional Detention Pond and are
currently under construction. The combined project is the cooperative effort between the
City's Engineering, Parks and Recreation, and Utility Departments.
Ordinance No. 32, 2001 authorized the use of eminent domain to acquire certain lands for
the construction of the public improvements. This Ordinance, which was unanimously
adopted on First Reading on June 4, 2002, amends the legal description of specific property
interests to be acquired from Alger and Lori R. Sedlak as a compromise alignment of the
Spring Creek Trail.
11 Second Readine of Ordinance No 090 2002 Authorizing the Sale of City -owned Property
Known as the Old Harmony Gas Station Building
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 Jul YA, 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.
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.
12. Second Reading of Ordinance No. 091 2002 Appropriating Unanticipated Revenue in the
General Fund for the Department of Justice State Domestic Preparedness Equipment
Program Grant to the Office of Emergency Management in the Amount of $164 172
The City applied for and received a grant for Terrorism Consequence Management
Preparedness Assistance through the Department of Justice's Equipment Grant Program.
The equipment will be used throughout the northeast Colorado region. The grant received
the full support of Larimer County, Loveland, Union Colony Fire Rescue, Windsor,
Wellington, Estes Park, Berthoud, and many others in the Northeast and Eastern Plains of
Colorado. The Poudre Fire Authority will provide training to Office of Emergency
Management response partners and will develop a multi -tiered response structure. Ordinance
No. 091, 2002, was unanimously adopted on June 4, 2002.
13. Second Reading of Ordinance No 092 2002 Annro riating Prior Year Reserves in the
General Fund, Recreation Fund and Capital Projects Fund and Authorizing the Transfer of
Appropriations Between Projects Within the Capital Projects Fund to Be Used for
Renovation of City Park Pool
During October of 2001 the City hired a pool safety consultant, Jeff Ellis and Associates, to
conduct a safety audit of the four public pools that the City operates. The audit found
significant safety problems with the outdoor pool at City Park, which led to the
recommendation that the pool not be opened until it is renovated or replaced.
The Council agreed that the pool should not be opened this year because of the significant
safety problems. Council asked staff to develop a preliminary design and cost estimate to
renovate the pool so it could be opened in 2003. To expedite this process, staff utilized the
City's annual architectural contract with Aller-Lingle Architects P.C. for the preliminary
design and cost estimate. Given the estimated cost of $1,744,770, this Ordinance, which was
unanimously adopted on First Reading on June 4, 2002, appropriates $1,470,000 from the
General Fund reserve, appropriates $30,000 from Choices 95 Capital Projects Fund,
appropriates $120,000 from the Recreation Fund Reserve, and re -allocates $124,770 from
the Operations Services Department Major Maintenance Budget for this project. This
Ordinance also authorizes this project to proceed, based upon the Milestone Schedule.
14. First Reading of Ordinance No 094 2002 Appronriating Unanticipated Revenue in the
General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and
Projects for the Multi -Jurisdictional Drug Task Force
For the past 15 years, Fort Collins Police Services has applied to the Colorado Division of
Criminal Justice for federal grant monies to help fund the investigation of illegal narcotics
i
The Consent Calendar consists of Item Numbers 7 through 30. This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #41, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Consideration and approval of the Council meeting minutes of May 7 and May 21 2002 and
the special meeting minutes of May 28, 2002.
8. Items Relating to the Poudre School District and Timbers P.U.D. Annexation
A. Second Reading of Ordinance No. 085, 2002, Annexing Property Known as the
Poudre School District and Timbers P.U.D. Annexation to the City of Fort Collins,
Colorado.
B. Second Reading of Ordinance No. 086, 2002, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Poudre School District and Timbers P.U.D. Annexation to the City of Fort Collins,
Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 35.53 acres in
size and owned by two entities. The site is located on the east side of South Timberline
Road, approximately one-third mile south of Kechter Road and approximately one-half mile
north of Trilby Road. Contiguity with the existing municipal boundary is gained along the
south property line with a parcel known as the Westchase Annexation No. 2. Both
Ordinances were unanimously adopted on First Reading on May 21, 2002.
9. Second Reading of Ordinance No 088 2002 Ap1ro riating Unanticipated Grant Revenue
in the General Fund for Environmental Programs.
This Ordinance, which was unanimously adopted on First Reading on June 4, 2002,
appropriates $10,000 in unanticipated grant revenue from the State of Colorado, which will
AGENDA -ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: Y A
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 comer 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."
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 seconcl reading to delete any reference to the demolition of the structure. If, in
staf 's 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 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 23-11 l(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,
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 oCeOrdi ce o PtReading
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. COPY
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 Harmon 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 ng f hi c interest, so efforts were begun
in the 2000 to have th City'
year v ning/Hi ric Preservation office and the
Landmark Preservation Commission loca e a uyer for a 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.
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
If
home faces the golf course h ai o t Harmony Gas Station is still
stored in a temporary Condit' on golf r ty has tried for two years now to
identify someone willing to a the ecess vestment preserve and make use of this
building. To date these efforts t er th molish 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 Latimer 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 si hi Cit his pr rvation purposes, or, as a last
resort, demolish the building.
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