AMERICAN FORK -- There's a chance American Fork could purchase a downtown building the city tried to condemn five years ago.
Buying the former Harrington School is among options being considered after voters in November rejected a plan for several new city buildings downtown. Carl Bell, a pediatrician who owns the Harrington property, suggested this week that exclusion of his property from last year's proposal was partially responsible for the bond election's failure.It's now clear that whatever American Fork decides to do with its downtown city buildings, Bell and the Harrington School must be included.
"I still see it as the centerpiece," Bell said. "I still envision the city center being something vibrant."
A committee formed by Mayor Ted Barratt is discussing purchasing the Harrington property, leasing it from Bell or reaching some type of cooperation agreement. Bell has suggested turning the school into an arts center, while city officials at one time considered using it for office space.
Barratt has ordered an architectural study of the school to determine the feasibility of using it for city services.
"It's still very early and open," said City Councilman Keith Blake. "It's almost a brainstorming of ideas about what should be done."
The 10th Circuit Court of Appeals in Denver recently upheld the dismissal of most of Bell's claims in a federal lawsuit, although two claims were dismissed without prejudice so Bell and the Harrington School Foundation can pursue them in state court.
Those claims involve allegations the city deprived Bell and the foundation of the property without just compensation and that the eminent domain effort violated due process rights. Bell said this week filing a lawsuit in state court is still an option, although he didn't say whether he planned to do so.
Bell formed the Harrington School Foundation and purchased the former Alpine School District property in December 1994.
One month later the City Council voted to acquire all of the property through eminent domain action. In September 1995, however, a 4th District judge dismissed the eminent domain complaint, saying the city had abused its power.
During the resolution of the eminent domain action, however, city officials refused to act on site plans Bell had submitted for the Harrington property. Bell said the city's eminent domain action and its inaction on his site plans deprived him of the economic use of the Harrington property.
Bell and the Harrington School Foundation filed a federal lawsuit seeking $3.4 million in damages. That suit was dismissed in November 1998 by U.S. District Judge Bruce Jenkins.
Currently, American Fork is considering options for expanding city office space, constructing a new building to house police and courts and improving facilities for the city's fire and ambulance departments.
Among plans put forward by Barratt's committee is the sale of a city building to the Heritage Convalescent Center. The center currently leases the building, but some think selling it would be more beneficial.
"That could provide funding for other city buildings," Blake said.