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HomeMy WebLinkAboutResolution-1988-1104 RESOLUTION NO. 1104 SERIES OF 1988 TITLE: A RESOLUTION FINDING A PUBLIC PURPOSE TO BE SERVED BY THE ACQUISITION OF CERTAIN PROPERTY, AND THE REMOVAL OF CERTAIN BILLBOARDS THEREFROM, WHICH PROPERTY FRONTS UPON AND ABUTS THE 1-70 SERVICE ROAD, FURTHER AUTHORIZING THE OBTAINING OF AN APPRAISAL TO DETERMINE THE FAIR MARKET VALUE OF THE PROPERTY IN QUESTION, AUTHORIZING NEGOTIATIONS FOR ACQUISITION OF SAID PROPERTY FROM 'rHE OWNER THEREOF, AND AUTHORIZING THE INSTITUTION, IF NECESSARY, OF AN ACTION IN EMINENT DOMAIN TO ACQUIRE TITLE TO SAID PROPERTY. WHEREAS the City and certain property owners owning property abutting and within five hundred (500) feet of the 1-70 Frontage Road have cooperated to create, form, and fund a special improvement district for the improvement of the 1-70 Frontage Road for the purpose of opening the area immediately north of 1-70, and adjacent to said 1-70 Frontage Road, to business, commercial, and retail development; WHEREAS the existence of billboards in the area impairs the visual access to properties available for such development, and further constitutes a detrimental aesthetic environment for the development of the area as well as the growth of existing businesses in the area in questions; WHEREAS A. Leslie Metzger owns certain property contiguous to and north of that property owned by National Advertising Company, and upon which latter property is currently located two billboards owned by National Advertising Company and leased to various companies for advertising purposes; WHEREAS said billboards block the visual access to the Metzger property, upon which exists a contingent contract for the development of a manufacturing and retail sales facility to be owned and operated by Pella Manufacturing, which facility is projected to generate approximately $33,000.00 in sales taxes annually to the City of Wheat Ridge upon its completion; WHEREAS the creation of sales tax generating businesses in the area encompassed within the special improvement district described above is a necessary public purpose and benefit and is consistent with the purpose for which said special improvement district was formed; WHEREAS the maintenance of billboards upon properties within the City does not generate any sales taxes to the City; WHEREAS the existence of billboards at the present location described above, while a permitted use, is contrary to the public interest in that said billboards are aesthetically damaging to the area and are an impediment to the orderly and complete development of the area in question: WHEREAS the Wheat Ridge City Council finds that removal of said billboards to allow for development and establishment of retail sales tax generating businesses in place of said billboards serves the dual public purposes of improving the aesthetic environment of the area and improving the business climate of the area; WHEREAS to serve the public purposes above stated, the City Council of the City of Wheat Ridge wishes to authorize negotiation to purchase the property upon which the billboards described above are constructed and removal of said billboards, the same to be accomplished either through direct negotiation with National Advertising Co., or through the use of eminent domain. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado as follows: 1. The acquisition of the property of National Advertising Company upon which are located two billboards is declared to be necessary for the public purposes of allowing and encouraging the construction and development of retail sales tax generating businesses in the area of the 1-70 Service Road Special Improvement District, and removing the visual blight and aesthetic damage to the area caused by the presence of said billboards. 2. To accomplish the public purposes described in the preceding paragraph, the City Council of the City of Wheat Ridge does hereby authorize acquisition of said property now owned and used by National Advertising Company (the legal description of said property is attached hereto as Exhibit Al, either by direct negotiation with, and acquisition from, National Advertising Co., or through initiation of an action in eminent domain. 3. The Staff of the City is hereby directed to accomplish the following functions: a. Obtain an appraisal to determine the fair market value of the property described in Exhibit A; b. Conduct direct negotiations with the owner in an attempt to acquire the property for an agreed fair compensation; and c. In the event the property cannot be acquired through direct negotiations and voluntary sale, Staff is authorized and directed to initiate and prosecute an action in 2 eminent domain in compliance with all of the provisions of Colo. Rev. Stat. 38-1-101, et. seq. DONE AND RESOLVED this 8th day of August, 1988. g~I.Aj~d.J Dan Wilde, Mayor ATTEST: C\\ \ .~ ~, ---:,--,'f. " ';r- '\ ~ Wanda ~~ng,~ d~~ Cl'er~-.J"'-\' \ ^' .i' "- /' 3