Agenda - Council Work Session - 02/10/2015

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CC Work Session Meeting Date: 02/10/2015 2. 2. Information Title: Discuss City Charter Language related to Land Sale Process Purpose/Background: Purpose: Discuss City Charter Language related to Land Sale Process (Chapter 12, Section 5, attached). Get general Council direction (interpretation) related to a potential "blanket ordinance " Background: Historically, staff has received inquires related to the City's Charter requirement for an ordinance to be passed when City owned land is sold. Specifically, inquires have been made as to: Whether or not the City could pass one blanket ordinance to allow multiple City owned properties to be sold at one time; rather than individual ordinances to be passed for individual sales, at individual times. Staff/Attorney Review & Notes: First, the City Charter requires an ordinance to "dispose of' property. What does that mean? Putting it up for sale, or actually selling it to a particular person on specific terms? Putting property up for sale does not actually sell anything; it just puts the process in motion. The property might not sell for months or even years. Is that really disposition? Or is that just starting the process of disposition? Second, the Charter provides the residents with referendum authority. If the public does not feel that a sale of City property is appropriate, when should they get that referendum right? When a blanket ordinance is approved stating that 28 properties are hereby up for sale, or when an ordinance approving the sale of a particular property to a particular person/entity on particular terms is passed. Arguably, the former is of limited usefulness to the public. Third, staff would caution the possibility of land sales being challenged in the future due to a different interpretation of this Charter provision by the public. Staff is concerned that using a blanket ordinance may not be looked upon favorably by the public. This discussion comes down to interpretation of the City Charter; which would be a Council decision. A blanket ordinance would create several efficiencies for staff, the Council and prospect buyers (about 60 day process requiring introduction, adoption and 30 -day cool down period). Additionally, arguments can be made that passing an ordinance ahead of time gives the public a greater ability to get involved up front (i.e. oppose a sale) rather than waiting for a project to be formally considered by the Council (at which time, it could already be supported by the community). With Council direction, staff could support use of a blanket ordinance If a blanket ordinance was allowed, staff would recommend the following items be included/considered: • Only properties that are listed for sale and available for development be included (i.e. CBRE properties). • Properties be specifically identified and outlined. • The ordinance should need to be re -adopted on a regular basis (for example, once per year) to protect the public's ability to counter petition within a reasonable timeframe of a future land sale. Timeframe: 5-10 minutes