04-149ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To
Council File # �� �,�
Ordinance #
Green Sheet # �(�`�35�
Sd
Committee Date :
1 An administrative ordinance to amend Saint Paul Administrative Code Chapter 51, Disposition
2 of City Property, to better facilitate title changes and the transfer of contract and analysis services
3 section to the Office of Financial Services.
6 THE COUNCIL OF THE CTTY OF SAINT PAUL DOES ORDAIN:
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8 Section 1
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10 Section 51, Disposition of City Property, of the Saint Paul Administrative Code is hereby
11 amended to read as follows:
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13 Sec. 51.01. Authority and procedure.
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Whenever the duly authorized head of any depariment may deem it for the best interests
of the City of Saint Paul to dispose of any real property belonging to or under the control of his
department, said officer shall prepare or cause to be prepared a report to the council of said city
fully describing the real property to be disposed of and the reasons why the disposition thereof is
desirable. The council shall, if agreeable and after vacation of property heretofore or hereafter
acquired by the city by eminent domain proceedings or otherwise acquired and dedicated to a
specific public purpose, by resolution approve said project and direct the disposal of the same in
the following manner:
(1) AppraisaL After the passage, approval and publication of a resolution approving
the project of disposing of certain real property owned by the City of Saint Paui,
copies of such resolution shall be forwarded by the city clerk to the �
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, real estate division whereupon it
shall be the duty of the Pun�rasing-x� real estate division to obtain an
competent appraisal of said property ,
. The property shall be sold either at public
auction, by calling for sealed bids, or calling for bid proposals, in the discretion of
the city council.
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(2) Public auction. If such property is to be disposed ofby public auction, the auction�� ��
sale shall be conducted by the Pun;h�sing-ager� contract and analvsis services
section and after advertisement therefor in the official newspaper for at least once
a week for two (2) successive weeks and such other adveztisements and
publications as the p�rei�irtgager�t contract and analysis services section
manaeer ("CAS mana¢er") may deem desirable. The advertisements shall give a
full descriprion of the property to be sold, the appraised value thereof, the time
and place of ihe public auction, and a copy of the resolution of the council fixing
the terms of the sale if other than for cash only. The gm�asing�eirt CAS
mana�er shall offer the parcel or pazceis of land in the order in which they appear
in the notice of sale and shall sell them to the highest bidder but not for a less sum
than the appraised value. All properiy sold by public aucrion shall be sold for cash
or certified check unless the city council shall have adopted a resolution providing
for their sale on terms, in which event such resolution shall control with respect
thereto. When sold, the council shall by resolution direct the proper city officers to
convey the properry so sold to the purchaser either by warranty deed or quit claim
deed as the council may direct.
If it develops that the property cannot be sold for the appraisal as made, the
ptareirasing-�ertE CAS mana¢er may obtain a reappraisal for the purpose of more
cleazly establishing the actual value o£ any tract.
(3) Sealed bids. If such property is to be disposed of by calling for sealed bids, such
sale shall be made upon competitive bids and after advertisement therefor in the
official newspaper for at least once a week for two (2) successive weeks and such
other advertisements and publications as the pmeh�snr�agent CAS mana�er may
deem advisable. The advertisement shall give a full description of the properiy to
be sold, the time and place of receiving bids, and shall require a bid deposit from
all bidders in the amount of at least ten (10) percent of the amount bid, said
deposit shall be in the form of a cashier's check, a certified check, or a surety bond
written by a coxporate surety authorized to do business in the State of Minnesota
having a resident agent located in said state, or a combination of a certified check
ar cashier's check and such a surety bond, as may be directed by the city council.
All bids shall be on regular formal quotation blanks supplied by the pm�eiixsixrg
� CAS manaeer, with the number, date and bidder's name indicated on the
outside thereo£ Such bids shall be opened by the P�h�sirtgagerr� CAS manaeer.
The pnn�rasing-xgeirt CAS mana¢er and the director of the office of-fmanee-ar�
ma�gemei� financial services shall recommend to the council the rejection of
bids or award to the highest responsible bidder, as the case may be. If awarded,
the council shall by resolution direct the proper city officers to convey the
property so sold to the purchaser either by warranty or quitclaim deed, as the
council may determine. If not awarded, all checks shall be rehuned to the bidders.
If it develops that the property cannot be sold for the appraisal as made, the
pm�ehasirig-xgertt CAS manaQer may obtain a reappraisal for the purpose of more
nearly estabiishing the actual value of any tract.
48 (4) Private sa1e. The council may, in the event that no bids are received, or if bids
49 received are unsatisfactory, sell such property at private negotiated sale in any
50 manner that it may deem advisabie, and may sell such property through competent
51 reaitors and pay the regular commission; provided, however, that the price shall in
52 no event be less than the highest bid received pursuant to advertisement therefor
1 in the manner prescribed in paragraph (3) hereof, exclusive of the commission. In
2 case of sale in the manner determined by the council, the property shall be
3 conveyed to the purchaser either by quitclaim or warranty deed, as the council
4 may direct.
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(5) Advertising for bid proposals. If the council determines by resolution passed by
five (5) affumative votes that the use to which such property will thereafter be put
is of importance to the general welfare of the public and may be of greater
significance to the well-being of the community than the highest price that may be
offered for such property, the council may by such resolurion direct that proposals
for the purchase of such lands be called for by the Pns�ei�sirig CAS manaeer
after advertisement therefor in the official newspaper for at least once a week for
two (2) successive weeks, and such other advertisements and publications as the
pureh�sing-agenf CAS manaeer may deem desirable, the last advertisement being
not less than ten (10) days prior to the date set for receiving and opening
proposals. The advertisement shall give the full description of the property to be
sold, the time and place for receiving proposals, shall state the current fair market
value of the subject property as appraised and reported by the city's valuation
engineer or other competent real estate appraiser
, and shall require a bid deposit from all persons
submitting proposals in the amount of at least ten (10) percent of the proposed
purchase price as set forth in such proposal, said deposit shall be in the form of
either a cashier's check, a certified check or a surety bond written by a corporate
surety authorized to do business in the State of Minnesota having a resident agent
located in said state, or a combination of a certified check or cashier's check and
such a surety bond, as may be directed by the city council; but in no event shall
the proposed purchase price be accepted is less than the fair market value of the
property at the time of such sale as appraised and reported by the city's valuation
engineer or other competent real estate appraiser
All proposals shall be submitted together with forms supplied by the pmekasing
xgerrt CAS manaeer bearing the proposal nuxnber, date, and name of the
individual, firxn or corporation submitting such proposal indicated on the outside
thereof. Such proposais shall be opened by the Pnri;��ir�g-�enE CAS manaeer.
The pnn�asing--�geriE CAS manaeer and the director of
the office of financial services shall recommend to the council the rejecrion of
proposals or award to the individual, firm or corporation submitting the best
proposal for the future welfare of the city as the case may be. The council, after
notice of hearing with respect thereto published in the official city newspaper and
in a newspaper of general circulation within said city, may reject all proposals or
it may, by resolution passed by five (5) affirmative votes of the council, make an
awazd to the person, firm or corporation submitting the best proposal. If awarded,
the council shall also, by such resolution, direct the proper city officials to convey
the properiy so sold either by warranty or quitclaim deed, as the council may
determine. If not awarded, all checks shall be returned to the bidders submitting
the proposals.
(6) Sale of unimproved Zand. When unimproved lands heretofore or hereafter
condemned and taken by the city under power of eminent domain shall remain
unimproved substantially as thus acquired in the ownership and control of the city
and shall be provided to be sold and conveyed as lands unneeded for any public
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1 purpose and thus made the subject of disposition by the city hereunder, the same
2 may by direction of the council first be offered therefor to the prior owner of the
3 same and from whom the same were thus acquired by the city if such prior owner
4 still retains properiy abutting thereon. In any such case, the council, without
5 advertisement therefor or comperitive bids for the same, may sell and provide for
6 the reconveyance of the subject lands to such prior owner of the same, subject to
the following provisions:
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a. If the subj ect lands shall constitute the enrire tract thus acquired by the
city, the amount ofmoney to be paid therefor to fhe city shaIl not be Iess
than the fair market value as established by appraisal by the city's
valuation engineer or other competent real estate appraiser�ppainted-bq
b. If the subject lands shal] constitute less than the whole tract thus acQuired
by the city, as determined by the city valuation engineer, the amount of
money to be paid therefor to the city shall not be a less proportion of the
amount of money paid by the city for such acquisition of the whole tract
than the proportion of the part to be sold and conveyed shall bear to the
whole tract thus originally acquired by the city; and
c. No such land thus acquired by the city shall be sold or reconveyed by it, in
any such case, for an amount of money which shall be less than the fair
market value of the same at the time of such sale or recomeyance, as
appraised and reported by the city's valuation engineer or other competent
appraiser , and the
form of reconveyance in each such instance shall be that of a quitclaim
deed.
(7) Sale of vacated streets and alleys--Platted lot. In any case where the city shall
have acquired a fractional part of any platted lot of record by condemnation or
deed or by condemnation and deed therefor and shall haue dedicated the same to
the opening, widening or extending of any public street or public alley, and shall
have vacated any such public street or alley or any section thereof embracing such
fractional part of such platted lot, the council, without advertisement therefor or
competitive bids for the same, may sell and provide for the conveyance of all
right, title, estate and interest of the city in and to such fractional part of such
platted lot at any time within sixty (60) days next after the effective date of the
vacation of the section of public street or public alley which theretofore embraced
the same, subject to the following provisions:
a. Such authorized sale and conveyance shall be consuimnated within said
sixty-day period and shail be made by the city as vendor-grantor to the
owner of such platted lot, saue for the aforesaid fractional part of the same,
theretofore acquired and dedicated by the city.
b. No such sale or conveyance affecting any such fractional part of any such
platted lot or affecring the right, titte, estate or interest therein of the city
shall be made for an amount of money which shall be less than the fair
market value of the same at the time of such sale and comeyance as
appraised and reported by the city valuation engineer or other competent
appraiser , and that
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the form of conveyance in any such instance shall be that of a quitclaim
2 deed.
4 (8) Sale of vacated streets and alleys--Parcel or tract. In any case where the city shall
5 have acquired by viriue of condemnation or deed or by viriue of condemnarion
6 and deed any tract or parcel of land therefor and shall have dedicated the same to
7 public street, public alley or public street approach purposes and shall have
8 thereafter vacated the subject public street, public alley or public street approach,
9 or any section of such public street, public alley or public street approach
10 embracing such tract or pazcel of land, the council, without advertisement therefor
11 or competitive bids for the same, may sell and provide for the conveyance of all
12 right, title, estate and interest of the city in and to such tract or pazcel of land at
13 any time within sixty (60) days next after the effective date of the vacarion of the
14 section of public street, public alley or public street approach which theretofore
15 embraced the same, subject to the following provisions:
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a.
Such authorized sate and conveyance shall be consumniated within said
sixty-day period and shall be made by the city as vendor-grantor to the
owner of the tract or parcel of land which shall abut immediately upon and
be contiguous to the subject vacated section of public street, public alley ar
public street approach, as purchaser-grantee.
b. No such sale or conveyance affecting any such tract or parcel of land or
affecting the right, title, estate or interest therein of the city shall be made
for an amount of money which shall be less than the fair mazket value of
the same at the time of such sale and conveyance as appraised and reported
by the city valuation engineer or other competent appraiser �
',' , and that the form of conveyance
in any such instance shall be that of a quitclaim deed.
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31 c. No such sixty-day limitation or other time limitation shall apply to any
32 such sale of any such city land which shall embrace any such vacated
33 public street, public alley or public street approach azea not in excess of
34 six (6) inches in depth measured streerivard from the platted privately
35 owned lot or block line.
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(9) Lease of city property. Except as provided in Section 86.03, disposition of city
properry by negotiated lease may be authorized by resolution of the city council
pursuant to this chapter and Chapter 86 of the Administrative Code. Proposed
leases shali be submitted for consideration by the city council together with the
recommendation of the city valuarion engineer and the report of the city btt�gef
direetar office of financial services, and may be approved by the council only after
public hearing, by resolution passed by five affirmative votes.
(10) Exchange of ciry property. If the council determines by resolution passed by five
(5) affirmative votes that a negotiated exchange of city and other properiy, real or
personai, may better serve the public welfaze than a sale of the city properiy, the
council may by such resolution direct the city valuation engineer to make or
obtain an appraisal of the property to be received in the proposed exchange. The
value of the property to be received by the city in such exchange shall not be less
than the market value of the city property.
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Upon receipt of the appraisal of the exchange property, and after public hearing,
the council may by resolution approved by five (5) affumative votes approve the
negotiated exchange and authorize execution of deeds or other instruments to
complete the exchange.
Sectiott 2
Section 51, Disposirion of City Properiy, of the Saint Paul Administrarive Code is hereby
amended to read as follows:
Sec. 51.03. Proceeds credited to funds.
All moneys accruing from the sale, lease or exchange of property as herein provided shall
be credited to funds as designated by the director of the office of
financial services and pursuant to the provisions of the City Charter.
Section 3
That this ordinance revision shall take affect and be in force thirty (30) days after its passage,
approval and publication.
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Adoption Certified by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
w.1
Departmenf/office/wuncil: Date Infffatetl: �, _ `��
MQ — Mayor'sOffice ,�,�� Green Sheet NO: 3010354
Coniact Person 8 Phone• Deoartment Sent To Person InitiaVDate
Reyn@ Rofuth � 0 avor•s Office
266-8710 /�jgp 1 a or's OtTice
Must Be on Council /�enda by (Date): Number 2 ouncil
For
Routing
Order
ToWI # of Signature Pages _(Clip PJI Locations for Signature)
Action Requestetl:
Changes to Administrative Ordinance, Chapter 51.
Recommendations: Approve (A) or Reject (R): Personal Service Confrecfs Musf Mswer the Foliowing, Questions:
Planning Commission 1. Has this
personlfirm ever Hrorked under a conGact fw this tlepartment?
CIB Committee Yes No �
Civil Service Commission 2. Has this person/ftrm ever been a dty empbyee?
Yes No
3. Does this personlfirtn possess a skill not normaity passessed by any
current aty employee? �
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Administrarive Ordivance Code changesto Chapter S1. See attached.
Advantanes If Apqroved:
See above.
DisadvanWges If Approved:
None.
Disadvantages If Not Approved:
Changes not xnade.
Total Amount of Q CostlRevenue Butlgetetl: s „�
Trensadion: �,�:�`': i�s.;��o�yr.�^s ��'sf�
Fundin0 Source: Activitv Number:
Financiallnformation: �'�� � 4�, �9Rrtl.
(Explain) LiddgY
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