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06-322Retum copy to: (BJE) PW/Technical Services — Real Fstate 1000 City Aall Annex Presentea sy Referred to Committee: Date WHEREAS, on May 2, 1991 the Saint Paul City Council adopted Ordinance No. 17825 amending the City Charter to establish a process for the disposal or diversion of city pazk land; and WHEREAS, staff from the Division of Parks and Recreation ("Pazks") and the Department of Public Works ("Public Works") have determined that property owners, citizens and city staff need clear guidelines for implementing the City Charter provision far diversion or disposal of park land; and WHEREAS, Parks and Public Works have drafted the document "Guidelines for the Diversion or Disposal of Park Land in the City of Saint Paul" ("Guidelines") far this purpose, a copy of which is attached hereto as Attachment "A"; and WHEREAS, said Guidelines have been reviewed and recommended for approval by the Saint Paul Parks and Recreation Commission, as stated in its Resolution Numbered 06-03 adopted January 18, 2006, a copy of which is attached hereto as Attachment "B"; and WHEREAS, there is a need to recover, through an administrative fee, staff costs incurred in processing peutions for the diversion or disposal of park land; now therefore be it RESOLVED, that the Saint Paul City Council approves said Guidelines; and be it further RESOLVEA, that an administrative fee structure be established and approved as follows: Base Fee: $250 Percentage Fee: 10% of appraised value of park land diverted PeUtioners shall pay the v of the Base Fee or Percenta e� Fee up to a maximum of $1,000; and be it finally �o,���� �,e # O l�- 3 2 Z Green Sheet # 3029262 RESOLUTION CITY OF SAINT PAUL, MINNESOTA 30 RESOLVED, that said fee structure shall be applied to all new park land diversion or disposai petitions received by the City after the date of adoprion of this resolurion. cow,ci� FS�e # Green Sheet # ����zZ 3029262 Page 2 Requested by Department of: Adopted by Council: Date ? p Adoption Certified by �ouncil Se retary By: ��//�!/i ` Appro� � r: ate � By: �� � G:Q2ealEstateNacations�ParklandReplacemen[Guidelmes.Ruolution.doc Parks and Recreation Bv. ��' �� Airector Form � by City for Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � pW �aUiicwoiks Contact Person 8 Phone: Bruce Engelbrekt 2668854 Must Be on CouncilAgenda 6y ContractType: RERESOLUTION pt�-32� Date Inifiated: ��� Green Sheet NO: 3029262 � , Pssign Num6er Por Routing Order Deparhnent SentTO PeSOn 0 lic Works Bruce elbrekt 1 arks and Recreation DenazimentDimtor 2 'C'ito Attorne� 1 7ndv Hanson � 3 avor's OHice � Mavor/Assistant 4 uncil = Clerk �7 Clerk Totai $ of Signature Pages _(Clip NI Locafions for Signature) Action Requested: Approvai of resolufion to establish guidelines and fees for the diversion of city pazk land in accordance with City Chazter requirements Recommendatlons: Appro�e (A) or R Planning Commission CIB Committee Citil Senice Commission (R)c Mswerthe Folbwing 6luestions: 1. Nas this persoNfirtn e�er waiced under a contract for this department� Yes No 2. Has this persoNSnn e�er been a city employee? Yes No 3. Does this pereoNfirtn possess a skill not normally possessed by any current city employee� Yes No Explain all yes answers on separate sheetand attach to green sheet lnitiating Problem, lssues, OppoAunity (Who, What, When, Where, Why�: 5ince the City Charter provision goveming the disposal or diversion of city pazk land was established in 1991, the City from fime to fin processes requests from property owners for such diversion or disposal. Until now, there have been no clear guidelines for both petifioners and city staff to follow to ensare that diversion requests aze reviewed in a consistent and amely manner, and that the City's costs of processing these requests aze reimbvrsed. AdvanqgeslfApproved:. Property owners and developers wIll have cleaz and specific instrucfions for seeking the diversion or disposal of city gazk land. The City wIll be reimbursed for eacpenses incurred in processing the diversion requests. Disadvanta9es IfApproved: In addition to paying for the appraisal and land value, petiuoners now will pay an addafional administrative fee to purchase or use city park land. Disadvanta4es tf Not Approvetl: Property owners and developers (and city staff) will continue to process pazk land diversion requests without a cleaz set of gUidelines. City staff will not be compensated for administrative costs. raql amount af Transaction• CosNRevenue Budgeted: F�na�ng source: Funded by the petitioner Activity Number: Financial �nformation: Imglementation of the fee stcucture wi11 pcovide new revenues to Pazks and Pub r � (�cpiain) adminisffativeprocessingcosts. .� . '{��i a�£�`�`rr,�, (;s?n9gf r a� ��R 2 2 z�u6 �.;: .�..-.�� {!� . 4 _ January 2, 2006 10:06 AM Page 1 ���3 xz fl� S paul Parks �►,a Recreation Commission 300 Ciry Hall Annex, 25 W. 4tix Sireet, Saint Paul, IvL*i 55102 -(bA)266-6400 RESOLtiTION 06-04 VJHEREAS, the Saint Paul Parks and Recreation Commission ("Commission") is an appointed body established to advise the Mayor and City Council on long-range and city-wide matters related to Pazks and Recreation; and WHEREAS, on 1VIay 2, 1991 the Saint Paul City Council adopted Ordinance No. 17825 amending the City Charter to establish a process for the disposal of diversion of city park land; and WHERAS, staff from the Division of Parks and Recrearion ("Parks") and the Deparhnent of Public Works ("Public Works") have deternrined that properry owners, citizens and city staff need clear guidelines for implementing the City Charter provision (Ch. 13.01.1) for diversion of disposal of park land; and WHERAS, Parks and Public Works have drafted the document "Guidelines for the Diversion or Disposal of Park Land in the City of Saint Paul ("Guidelines") for this purpose, a copy of which is attached hereto as Attachment "A"; and WHEREAS, there is a need to recover, through an administrarive fee, staff costs incurred in processing petirions for the diversion or disposal of park land, said fee to be based on the following fee structure: Base Fee: $250 Percentage Fee: 10 % of appraised value of park land diverted Petitioners shall pav the ereater of the Base Fee ar Percentaee Fee� to a maYimum of $1,000; and WHEREAS, the Division of Parks and Recreation recommends the establishment of the Guidelines and fee shucture, now, therefore BE TI' RESOLVED, that the Saint Paul Pazks and Recreation Commission concurs with staff recommendations to establish said Guidelines and fee structure, and recommends approval of same by the Saint Paul City Council. Adopted by the Saint Paul Parks and Recreation Commission on March 15, 2006 Approved: Yeas � Nays � Absent: �, Resolurion 06-04 Attested to by: �,� Z(`,� Staff to the P ks ai Recreation Commission g:\div\wp\pazkscomm3ssion�resolutions�2006/0604pazklanddiversionguideline a� -� 2Z GUIDELINES FOR THE D13'ERSION OR DISPOSAL OF PARK LAND IN THE CITY OF SAINT PAUL January, 2006 City park land is a highly valued public asset. To protect from the loss of park land, the City established a mechanism for replacing this land when it is sold or otherwise used for non-park purposes. Chapter 13.1.01 of the Saint Paul City Charter provides for the diversion or disposal of city park land by resolution of the City Council. Following are guidelines for initiating such diversion or disposal. I. WHO MAY REQUEST THE DIVERSION OR DISPOSAL OF CTTY PARK LAND? Owners of property abutting city park land, or other interested parties wishing to acquire or use city park land, including parkway right-of-way, for non-park purposes may petition the City for a diversion or disposal. II. WHAT IS THE COST TO THE PETITIONER? � � Appraisal —$900-$1,000 (if acquired by the City. See Item II.E. for clarification) Land Value — fair market value as determined by an independent real estate appraisal Pavment for the annraised markei value of the park land mav be in cash, or bv conve�ance to the Citv of additional land determined by the Real Fstate office to be of equivalent value to the existing park land being disposed of or diverted. The land provided by the petitioner also must be acceptable to Parks and Recreation. C. Administrative fee Base Fee: $250 Percentage Fee: 10% of appraised value of park land diverted Petitioners shall oav the �reater of the Base Fee or Percentaee Fee up to a masimum of $1 000. Q�-� Zz III. WHAT DOES THE DIVERSION/DISPOSAL PROCES5 ENTAIL? A. An initial inquiry is made to the Public Warks Reai Fstate office to determine if diversion or disposal would apply. If a diversion applies, Real Estate asks Parks and Recreation to determine if the park land is appropriate and acceptable for diversion or disposal. If not appropriate, Real Estate informs the inquirina party and the matter ends. B. If Parks and Recreation determines the park land is appropriate for diversion or disposal, Real Estate sends the inquiring party the diversion process guidelines and petition form. T'he petition form is completed by the inquiring party (the petitioner) and submitted to the Real Fstate office. C. Real Estate reviews the petiuon; prepazes an estimate of the cost of the park land replacement process, including appraisal fee, value of land to be diverted or disposed of, and administrative fee; and communicates this information to the petitioner. If the petitioner wishes to proceed with the diversion process, Real Estate forwards the petition to Parks and Recrearion for review. Staff from the Public Works permitting section and the License, Inspections and Environmental Protection (LIEP) office may also review the petition. D. If city staff determine that the petition may proceed, Parks and Recreation presents a resolution recommending approval of the diversion to the Parks and Recreation Commission, a citizen advisory body. The Commission's recommendation is then forwarded to the City Council. E. Real Estate obtains an independent appraisal of the value of park land to be diverted or disposed of, and communicates the value to the petitioner. The petitioner may also obtain an appraisal of the park land from a licensed real estate appraiser who meets the City's appraisal requirements. (Contact Real Estate far this information.) F. If the petitioner agrees to a11 terms and conditions of the diversion, including the value of the park land, a date for a public hearing before the City Council is scheduled and notification (at least Ywo weeks prior to the hearing) is published in the I.egal Ledger. The petitioner and other interested parties, including owners of properties that may be affected by the diversion or disposai, are notified and given an opportunity to voice their approvai or objection at the hearing. G. The City Council conducts the public hearing at which it either: 1) approves the diversion or disposal as recommended; 2) approves the diversion or disposal with amendments (e.g., added conditions); 3) denies the diversion or disposal; or 4) lays the proposal over for a later hearing. H. If the resolution is approved by the City Council: 1) Rea1 Estate sends the petiuoner(s) an acceptance form, including the approved resolution and any terms and conditions that must be satisfied prior to finalizing the diversion or disposal of park land. Terms and condiuons -2- b1�-32Z typically include payment of all costs and submission of any required documents (e.g., easements, deeds, licenses, agreements). 2) The petiuoner signifies accepiance of the terms and conditions of the resolution by signing the acceptance form and retuming it to the Real Estate office. The acceptance form must be received witlun 60 days following approval of the diversion resolution by the City Council. 3) When all terms and conditions have been met, Real Fstate executes the applicabie licenses, easements or deeds to the petiuoner. Real Estate also accepts any documents conveyed by the petiuoner to the City. The City then files all easements and deeds with the Ramsey County Registrar of Deeds. 4) Failure by the petitioner(s) to return the acceptance form within the 60-day time limit, pay the applicable fees and comply with all terms and conditions set forth in the resolution, may result in the resolution being declazed null and void by the City Council via a subsequent resolution. IV. HOW LONG DOES THE PROCESS TAKE? The processing time for a petition will vary depending on complications that may arise, but petitioners shouid expect approximately 90 days from filing of the petition to the date of the public hearing, with an additiona130 to 90 days for completion of the compliance and recording of documents. For questions or more informafion, please contact: Department of Public Works Technical Services Division — Real Estate Office 1000 City Aall Annex 25 W. Fourth St. Saint Paul, MN 55102 651-266-8850 Saint Paul Parks and Recreation 300 City Hall Annex 25 W. Fourth St. Saint Paul, MN 55102 651-266-6400 -3- ����zz SA[HT PAUL � PETITION TO DIVERT OR DISPOSE OF CITY PARK LAND I(we), the undersigned, do hereby petition the Council of the Caty of Saint Paul to divert or dispose of its interests in the park land described as follows: (If avaIlable, include a legal description of the park land to be disposed of oz diverted, or attach a detailed map to scale) I(we) request this diversion or disposal for the following reason(s). (Indicate whether you will be building on Yhe site) I(we) have attached 2 copies of the site pians of any development intended far construction on the land to be diverted or disposed of. Pefitioner(s) Name: Address: Cy/St/Zp: Phone: Name: Address: Cy/SUZp: Phone: Please return the completed peution to: Public WorkslTechnical Serv.ces — Real Estate 1000 City Aall Annex 25 W. Fourth St. Saint Paul, NIN 55102 A[Cention: PadC Land Replacement -4-