5. Urban Renewal Public HearingAGENDA ITEM 5 - URBAN RENEWAL -PUBLIC HEARING - The October 21st
meeting is scheduled for Public Hearing and discussion of the
T.I.F. projects. Discussion of Ordinance, amendment of the Urban
Renewal Plan modifications, and specific project approvals will
need to be completed.
The completion of this process will fulfill your #3 top priority
goal as was determined in the strategic plan for 1996.
This item is extremely important to the future of Downtown
Kalispell Development and to the Economic Health of the entire
community. Since you have all discussed this item thoroughly in
previous meetings, I am certain you have a better background for
this issue than I do.
I am concerned, however, about the continual misconception of the
use of Eminent Domain. There are many rumors surrounding Eminent
Domain. These rumors may be a result of misunderstanding,
misinformation, or deliberate attempts to "deflect" the entire
T.I.F. program intended to fulfill previous City goals and/or
plans.
First of all, the Urban Renewal' Laws are specific in stating that
Eminent Domain may be used to provide for public improvements
within a designated urban renewal area. With the approval of the
original Urban Renewal Plan, public improvements become anything
within the area that (1) improves the tax base, (2) encourage tax
base growth, and (3) is approved by the City Council. All of the
proposed projects can meet this criteria.
Eminent Domain is many times a necessary "evil" to provide for the
welfare of the community as a whole. Eminent Domain is used to
allow the City to provide growth in the tax base that provides the
revenue stream -for the urban renewal financing (or to prevent a
citizen or small minority of citizens) from "blocking" a public
improvement at the expense of the community. This revenue stream
is the "life blood" of the projects that you, as a Council, have
indicated you want done. The "Eminent Domain" tool may be the only
way to assure that the projects are done.
It appears that only a small number of property owners will be
flunwilling" sellers. The ultimate question for land assemblage
that is proposed would be: "Should this minority hold up community
progress?" If/when there is a method to assure that the projects
are complete. Projects that will assure long term growth and
stability to the downtown retail community are certainly a
desirable alternative to the "potential" losses that we may
experience.
Eminent Domain cannot be done without specific council approval.
The current need to approve the intent to use Eminent Domain is not
the actual authorization to proceed. However, by passing the
intent to use it, the staff can continue to negotiate with property
owners within the district. If we actually need to consider the
Eminent domain action, the staff will be required to return to the
Council for your approval to begin the process (if you so approve).
Without the Eminent Domain support, I believe the projects will
fail.
I have been involved in several meetings with potential developers,
current owners, and supporters of both camps. This is a
frustrating position but many "dominoes" may fall - away from the
City - if we do not approve this process and the tax revenue
project outlined.