04-742Council File #
C�.�. .. � J
Cneen Sheet #
ORDINANCE
CITY OF SAINT PAUL, NIIlVNESOTA
Presented By
Referred To
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Section 1
6 Section 51.01 is hereby amended to read as follows:
8 Sec. 51.01. Authority and procedure.
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Committee Date :
An Ordinance amending chapter 51 of the adminstrative code explicifly authorizing the
conveyance of vacated real property to the HRA.
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Whenever the duly authorized head of any department may deem it for the best interests
of the City of Saint Paul to dispose of any real properiy belonging to or under the control of his
department, said officer shall prepaze 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 agreeabie and after vacation of property heretofore ar hereafter
acquired by Yhe city �y 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 Paul,
copies of such resolution shall be forwarded by the city clerk to the purchasing
agent, the director of finance and management services, the mayor and the head of
the department desiring to sell such property, whereupon it shall be the duty of the
purchasing agent to obtain an appraisal of said property from the city valuarion
engineer, except that upon the recommendation of the director of the department
of finance and management services the council may obtain competent appraisal
of said property from an outside appraiser or appraisers. Except as provided
herein,�the property shall be sold either at public auction, by calling for sealed
bids, or calling far bid proposals, in the discretion of the city council.
�2)
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Public auction. If such property is to be disposed of by public aucrion, the auction
sale shall be conducted by the purchasing agent 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 purchasing agent may deem
desirable. The advertisements shall give a fixll description of the property to be
sold, the appraised value thereof, the time and place of the public auction, and a
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copy of the resolution of the council fixing the terms of the sale if other than for V
cash only. The purchasing agent shall offer the pazcel or pazcels of land in the
order in which they appear in the norice of sale and shall sell them to the highest
bidder but not for a less sum than the appraised value. All proper[y sold by public
auction shali 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
resolurion shall controi with respect thereto. When sold, the council shall by
resolution duect the proper city officers to convey the property so sold to the
purchaser either by warranty deed or quit claun deed as the council may direct.
If it develops that the property cannot be sold for the appraisal as made, the
purchasing agent may obtain a reappraisal for the purpose of more clearly
establishing the actual value of any tract.
(3) Sealed bids. ff such property is to be disposed of by caliing for sealed bids, such
sale shall be made upon competitive bids and a8er 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 purchasing agent may deem
advisable. The advertisement shall give a full description of the property to be
soid, 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 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.
All bids shall be on regular formal quotation blanks supplied by the purchasing
agent, with the number, date and bidder's name indicated on the outside thereof.
Such bids shall be opened by the purchasing agent. The purchasing agent and the
director o€�inance and managemenE services shali 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 returned to the bidders.
If it develops that the property cannot be sold for the appraisal as made, the
purchasing agent may obtain a reappraisal for the purpose of more nearly
establishing the actuai value of any tract.
(4) Private sale. The council may, in the event that no bids are received, or if bids
received are unsatisfactory, sell such property at private negotiated sale in any
manner that it may deem advisable, and may sell such property through competent
realtors and pay the regular commission; provided, however, that the price shall in
no event be less than the highest bid received pursuant to advertisement therefor
in the manner prescribed in pazagraph (3) hereof, exclusive of the commission. In
case of sale in the manner determined by the council, the property shall be
conveyed to the purchaser either by quitclaim or warranty deed, as the council
may direct.
(5) Advertising for bid proposals. If the council determines by resolution passed by
five (5) affirmative 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
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offered for such properiy, the council may by such resolution direct that proposals �•�Z
for the purchase of such lands be calied for by the purchasing agent after
advertisement therefor in the official newspaper for at least once a week for rivo
(2) successive weeks, and such other advertisements and publications as the
purchasing agent may deem desirabie, 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 descriprion of the properiy to be sold, the time
and place for receiving proposals, shall state the current fair mazket value of the
subject properiy as appraised and reported by the cil}�s valuarion engineer or other
competent real estate appraiser appointed and employed by the purchasing agent
in the premises, 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 appointed and employed by the purchasing
agent in the premises.
All proposals shall be submitted together with forms supplied by the pwchasing
agent bearing the proposal number, date, and name of the individual, firm or
coxporation submitting such proposal indicated on the outside thereof. Such
proposals shall be opened by the purchasing agent. The purchasing agent and the
director of finance and management services shall recommend to the council the
rejection of proposals or award to the individual, firm or corporation submitting
the best proposal for the future welfaze of the city as the case may be. The council,
after notice-0f hearing with respect thereto published in the official city newspaper
and in a newspaper o� general circulation within said city, may reject all proposals
or it may, by resolution passed by five (5) �rmative 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 property so soid either by warranty ar quitclaim deed, as the council
may determine. Tf not awarded, all checks shall be returned to the bidders
submitting the proposais.
(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 shail be provided to be sold and conveyed as lands unneeded for any public
purpose and thus made the subject of disposition by the city hereunder, the same
may by direction of the council first be offered therefor to the prior owner of the
same and from whom the same were thus acquired by the city if such prior owner
still retains property abutting thereon. In any such case, the council, without
advertisement therefor or competitive bids for the same, may sell and provide for
the reconveyance of the subject lands to such prior owner of the same, subject to
the following provisions:
a. If the subject lands shall constitute the entire tract thus acquired by the
city, the amount of money to be paid therefor to the city shail not be less
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than the fair mazket value as established by appraisal by the city's
valuation engineer or other competent real estate appraiser appointed by
the councii to make such appraisal.
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b. If the subject lands shall constitute less than the whole tract thus acquired
by the city, as detemrined by the city valuation engineer, the amount of
money to be paid therefor to the city shall not be a less proportion of the
aznount of money paid by the city for such acquisition of the whole tract
than the proportion of the part to be sold and conveyed shali 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 tune of such sale or reconveyance, as
appraised and reported by the city's valuation engineer or other competent
appraiser appointed and employed by the council in the premises, and the
form of reconveyance in each such instance shail be that of a quitclaim
deed.
(7) Sale of vacated streets and aZleys--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 aliey 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 far 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, snbject to the following provisions:
a. Such authorized sale and conveyance shall be const�mmated within said
sixty-day period and shall be made by the city as vendor-grantor to the
owner of such platted lot, save for the aforesaid fractional part of the same,
theretofore acquired and dedicated by the city.
b. No such sale ar conveyance affecting any such fractionai part of any such
platted lot 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
market 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 appointed and employed by the council in the premises, and that
the form of conveyance in any such instance shall be that of a quitclaim
deed.
(8) Sale of vacated streets and alleys--Parcel or tract. In any case where the city shall
have acquired by virtue of condemnation or deed or by virtue of condemnation
and deed any tract or parcel of land therefor and shall have dedicated the same to
public street, public ailey or public street approach purposes and shall have
thereafter vacated the subject public street, public alley or public street approach,
or any section of such pubiic street, public alley or public street approach
embracing such tract or parcel of land, the council, without advertisement therefor
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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 tract or pazcel of land at
any time within sixty (60) days next after the effective date of the vacation of the
section of public street, public aliey or public street approach which theretofore
embraced the same, subject to the following provisions:
a. Such authorized sale and conveyance shall be consuwmated 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 conriguous to the subject vacated section ofpublic street, pubiic alley or
public street approach, as purchaser-grantee.
b. No such sale or conveyance affecting any such tract or parcel of land or
affecting the right, titie, 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 conveyance as appraised and reported
by the city valuation engineer or other competent appraiser appointed and
employed by the council, in the premises, and that the form of conveyance
in any such instance shall be that of a quitclaim deed.
c. NO such sixty-day limitation or ottter time limitation shall appiy to any
such sale of any such city land which shail embrace any such vacated
public street, public a11ey or public street approach azea not in excess of
six (6) inches in depth measured streetwazd &om the platted privately
owned lot or block line.
(9) Lease of city property. Except as provided in Section 86.03, disposition of city
properiy 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-sl�ald be submitted for consideration by the city council together with the
recommendarion of the city valuation engineer and the report of the city budget
director, and may be approved by the council only after public hearing, by
resolution passed by five affirmative votes.
(10) Exchange of city properry. If the council determines by resolution passed by five
(5) affirmative votes that a negotiated exchange of city and other property, real or
personal, may better serve the public welfare than a sale of the city property, the
council may by such resolution direct the city valuation engineer to make or
obtain an appraisal of the properly 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.
Upon receipt of the appraisal of the exchange propefty, and after public hearing,
the council may by resolution approved by five (5) affirmative votes approve the
negotiated exchange and authorize execution of deeds or other inshuments to
complete the exchange.
11 Conveyance to HRA. The council bv five (5) affirmative votes mav authorize the
conveyance of real properiv to the Housine and Redevelopment Authoritv (HRA�
of the City of Saint Paul. As�art of the resolution authorizine conveyance, the
council shall direct the proroer city officials to convev the propertybv either
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1 quitclaim and warrantv deed. The HRA shall be responsibie for anv outstanding
2 municipal special assessments or service charges.
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4 Section 2
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6 This ordinance shall take effect and be in force thirry days following passage, approval and
7 publication.
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� � Green Sheet Green Sheet
PW --r�li�wo�r�
Contact Person & Phone:
Dave Ne�son
266-8860
on Council Agenda by
Total # of Signature
Green Sheet Green Sheet Green Sheet Green Sheet �
O�t-14Z
NO: 3019576
O1JUL-04
�
Assign
Number
For
Routing
O:der
0 �Afir Wnrkai • I - 1 Real N ttate lliv 14Ul:HJ
1 ' Attome Ci Attorn �����
2 abli Works PW &DimMO ,�/ 7'�y
3 a ot's�ce Ma or/Assistant
4 uceil C' Com�
5 ' Cler& Cti Clerk
(Clip All Lxations for SignaWre)
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Ordinance amending Chapter 51 of the Adminstrafive Code explicifly authorizing the conveyance of vaca[ed real property to the
Housing & Redevelopment Authority.
idations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Mswer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attaeh to green sheet
Initiating Problem, Issues, Opportunity (YJho, What, When, Where, Why):
To smoothly process the conveyance of any potenflally developable real estate disposed of by the Ciry and desired by the HRA, an
amendment to the Admiistrative is needed.
AdvanWqes If Approved:
The conveyance of properry [o the HRA can be processed efficienUy.
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DisadvanWqeslfApproved:
None foreseen. ��`'�"�f �`�""�"� �� ��
Disadvantages If NotApproved: ' REL•E�VED
The process to convey property to the HRA will continue to be time consuming and uncleaz.
JUL 1 6 2004
'otai Amount of
Transaction:
Funding Source:
Financial Informati on:
(Explain)
CosURevenue Budgeted;
Activity Number:
A�AY�JR'S OF�ICE.
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