Staff requests feedback regarding the proposal to amend city code regarding the disposition of city real property.

On September 18, 2023, Council discussed a proposal to amend city code which would generally revise the enabling legislation regarding acquisition and disposition of city real property. Based on the feedback, it appeared Council was reluctant to proceed with the amendments and was not comfortable delegating certain authority to the city administrator.

Therefore, staff only seeks to revise BMCC section 22-902 to provide additional options for Council to dispose of city property. Currently, property must be advertised for competitive bid prior to the sale, exchange, or donation. Staff seeks to include the option to negotiate a sale directly or to utilize a public auction.

The ordinance also contains some clarifying language regarding the process involved in disposing of property. The process outlined in the amendment is not different from the process currently followed under section 22-902 except for the notice provision. The notice provision contained in city code is unique to this process and is not consistent with the public notice requirements contained in Montana law for publication of notices. Staff recommends using the statutory notice provision used for other processes. 

City Council may provide staff direction regarding the proposed amendments.