07/17/01 Neier/Disposition of Remainder of Daley Field/Airport Urban Renewal DistrictMemorandum
TO: Mae Nan Ellingson
FROM: Glen Neier
DATE: July 17, 2001
RE: Disposition of Remainder of Daly Field / Airport Urban Renewal District
This office is in receipt of your memorandum dated July 10, 2001 wherein you discuss
potential alternative means of disposing of real property within an Urban Renewal Area.
As you state, under Section 7-15-4263, MCA, a City "may dispose of real property
within an Urban Renewal Area to private persons only under such reasonable procedures
as it shall prescribe or as provided for in this section." The City of Kalispell, in
Ordinance No. 1242, did not prescribe any "reasonable procedures" for the disposal of
urban renewal property other than that set forth in 7-15-4263. Therefore, would the
adoption of "reasonable procedures" by the Council require the City to follow the
modification procedures set forth in Section 7-15-4221, MCA, or may the Council simply
adopt an ordinance or resolution authorizing a procedure similar to that outlined on page
3 of your memo approving the alternative procedure as reasonable? I imagine that
approving the RFP for services and approving the methodology would be a two step
process requiring Council approval. I ask this question because the Council likewise has
refused to shorten the modification procedure under 7-15-4221 leaving the City with a
rather cumbersome process for modification.
I don't know if you have ever had the opportunity to review previous offering documents
prepared by Community Development on the property. However, my review of the
documents indicates that most of the elements listed, i.e. uses, type of development,
methodology have been dealt with to a degree. The RFP process may require some
invention, but I believe we can do it.
The Council, I believe, is anxious to sell the property. However, this office has the
responsibility of assuring observance of the public policy considerations involved in your
memo.
Your response and comments on this letter would be appreciated.