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01/03/97 Neier/Airport/Athletic Complex Redevelopment PlanJanuary 3, 1997 TO: Clarence Krepps, City Manager FROM: Glen Neier, City Attorney RE: Airport Authority--Airport/Athletic Complex Redevelopment Plan At the Council Workshop of December 30, 1996 the Council requested that I make inquiries with Mae Nan Ellingson of Dorsey and Whitney, regarding the sale of Haven Field through negotiations with a private developer. At approximately 12:30 P.M. on January 3, I received a call from Mae Nan. I explained to her that the City had advertised the Haven Field for sale on two occasions and had not received a responsive bid for the property. I indicated the general parameters of the Advertisement, indicating the City had required earnest money and a minimum bid of $4.48 per square foot. In her opinion, the City should again advertise the property for sale, without setting minimums and without requiring earnest money from prospective developers. She could not recommend proceeding with private negotiations, when other competing interests may have had proposals which were not acceptable under the minimums, but might be viable under a "wide open" offering. We also discussed a concern that has been expressed as to whether or not the City could, after creating an Airport Authority, contribute tax increment revenues for improvements to the airport. In Mae Nan's opinion, once an Authority is created, the property belongs to the Authority, and that the City could not legally transfer funds to the Authority for improvements to the Airport.