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Home My WebLink About4G - Brooksvile Center 1st Addn. STAFF AGENDA REPORT AGENDA #: PREPARED BY: REVIEWED BY: SUBJECT: 4G ./ JENNI TOVAR, PLANNE~\~ DON RYE, PLANNING DIRECTOR, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 98-XX APPROVING DISPOSAL OF CITY OWNED PROPERTY LOT 2, BLOCK 3, BROOKSVILLE CENTER 1ST ADDITION AND DIRECTING STAFF TO OBTAIN A SURVEY, APPRAISAL, AND SUBDIVIDE THE PROPERTY TO PROCEED WITH PUBLIC SALE, Case #97-118 MARCH 2, 1998 DATE: INTRODUCTION: The purpose of this item is to consider the sale of city owned property located on the south east comer of Tower Street and Toronto Street. The City has received a letter of interest from the adjacent property owner as to the status of the lot and the possibility of the city offering the property for sale. This item was previously heard at the February 17, 1998 City Council meeting. The City Council has directed staff to make changes to the resolution and place the item on the March 2, 1998 consent agenda. BACKGROUND: The City of Prior Lake purchased Lot 2, Block 3 Brooksville Center 1st Addition (2.4 acres) on July 6, 1983. The purpose for the purchase of the lot was to provide right of way for Toronto Street to connect with Woodridge subdivision to the south. The lot is 274.12 feet wide and the city used 80 feet of this for right-of-way (0.70 acres). The remaining portion of the lot (1.7 acres) was being held for future use as a dance studio. However, considering the library referendum, placing the dance studio downtown, passed last year, the city no longer has a need to hold the property . DISCUSSION: State statute allows for municipalities to dispose of property, with a 2/3 vote by the City Council, after finding L:\98FILES\98SUBJEC\97-118\97118CC2.DOC Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FINANCIAL IMPACT: ALTERNATIVES: ,. the disposal of the property to have no relationship to the comprehensive plan. On January 26, 1998 the Planning Commission considered this request, and found the sale of the property to be consistent with the comprehensive plan. Attached are the minutes of the Planning Commission discussion. The Planning Commission suggested the proceeds from the sale be used for future capital improvements. The property is guided as R-HD Residential High Density. The DRC has reviewed the need for the city's use of the property and found no need for the city to continue to own the property. The city has no immediate or long range plans to develop the property as high density residential (or as anything else). Should the City Council find the sale of the property consistent with the Comprehensive Plan, staff will obtain a survey and through the administrative subdivision procedure divide the parcel such that the right of way becomes a separate parcel the city will keep and the remainder can be sold. An appraisal will be necessary and the sale of the property will proceed through the bidding procedure as stated in Section 1-12-1-3 of the City Code. The property does not now generate property taxes since it is publicly owned. Sale of the property would relieve the city of periodic mowing expenses and make the property available for development and place it back on the tax roles. The city's cost exposure is incurring the cost of the survey and appraisal (estimated $2500.00). Funds for this purpose are to be drawn from Professional Services in the Administration budget. Proceeds from the sale are then deposited to the general fund, indirectly reimbursing this account. 1. Adopt Resolution 98-XX approving the disposal of the property and directing staff to obtain a survey, appraisal, and administratively divide the property. 2. Deny the request, finding the disposal of the property not consistent with the Comprehensive Plan. In this case, the Council should direct the staff to prepare a resolution with findings of fact supporting the decision. 3. Other specific action as directed by the Council. L:\98FILES\98SUBJEC\97-118\97118CC2.DOC Page 2 .~.~ ~ RECOMMENDATION: Alternative #1. If approved, the staff would have a survey and appraisal completed, solicit bids and then return to the Council to receive authorization to actually sell the property. If the bid prices are too low, the Council can reject the sale. ACTION REQUIRED: Motion and second as part of the consent agenda adOPit ?C7/;"IUtion #98-XX. Boyles, City Manager L:\98FILES\98SUBJEC\97 -118\97118CC2.DOC Page 3 RESOLUTION 98-XX APPROVING 1~ DISPOSAL OF CITY OWNED PROPERTY LOT 2, BLOCK 3, BROOKSVILLE CENTER 1ST ADDITION AND DIRECTING STAFF TO OBTAIN A SURVEY, APPRAISAL, AND SUBDIVIDE 1.ltE PROPERTY TO PROCEED WITH PUBLIC SALE MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission considered the request to dispose of city owned property at Lot 2, Block 3, Brooksville Center 1st Addition on the 26th day of January, 1998; and WHEREAS, the Planning Commission has reviewed the request as contained in Case File #97-118, and determined the disposal of the property is in compliance with the Comprehensive Plan; and WHEREAS, the City Council scheduled the request on February 17, 1998 and March 2, 1998. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. The City Council has considered the effect of disposing of Lot 2, Block 3, Brooksville Center 1st Addition and has determined there is no relationship of the disposal to the Comprehensive Plan. 2. The property is surplus to City needs. 3. The contents of Planning Case File #97-118 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION Based upon the Findings set forth above, the City Council hereby approves of the disposal of Lot 2, Block 3, Brooksville Center 1st Addition and directs staff to : · Obtain a survey; and 16200 Eh~~~~~~[l~'iertCt.dovke. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~~47-4245 AN EQUAL OPPORTUNITY EMPLOYER . Obtain an appraisal; and . Through the administrative subdivision procedure set forth in the City Code, to proceed with the division ofthe right-of-way from the remainder of the parcel; and . Proceed with the public sale of the property and return to the Council once bids are received for final authorization. Passed and adopted this 2nd day of March, 1998. YES NO Mader Kedrowski Petersen Schenck Wuellner Mader Kedrowski Petersen Schenck Wuellner {Seal} City Manager, City of Prior Lake 1:\98fi1es\98subjec\97-118\ccres.doc Page 2 --, - PLANNING COMMISSION MINUTES 1/26/98 Cramer: Asked for a line of site - possiblely tree height. Give an idea of what the blockage would be. Right now people are guessing what the line of site would be. Mr. Kelly asked for the next meeting to extend the 60 day deadline. .. ... Maureen Hermann, 14151 Timothy Avenue, everyone keeps on talking .~gbufbtiilding #3. We want the same thing done on building #2. .. .. ... .... ..... ...... .......... . ...... .......... MOTION BY KUYKENDALL MOVE TO CONTINUE THE HEARINO\UNTIL THE , '.:-:-:.;.;.. ":':':':':':':-:':'. FEBRUARY 23, MEETING WITH THE INTENT TO GIVp::WJ!.!?.pEVELOt!.:..AND NEIGHBORHOOD TO VIEW THE APPROXIMATE L~)t:ECblrELEV ATIOJi~Q:r:: THE TOP OF THE FENCE - SO THE ELEV ATION Q~tHEp'OST ON THE BE,~.... AND GIVE THE FINAL SUBMISSION TO ST AFEd:SECONfi:BY CRAMER.:::: ................. ......-........... ..... ........... ..... ........... . . . . . . . . . . . . . . . ... .......... .. .......... . .......... V ote taken signified 3 ayes and 1 nay. MOTION CARR1~I~ A recess was called at 7:53 p.m. The me$mn~I~convened at 8:'ti~'R~ill? .................... ..................... ...................... ... ................. ~ // 6. New Business: ................. ..... . . . . . . . . . . . . . . . . . . . . . . ................. ..... . . . . . . . . . . . . . . . . . , . . . . . ................. ..... .................. .... ................. ... ................. .. , . . . . . . . . . . . . . . . . , . ................. .................. . .................... . ...................... .. . .................- ... .................. ..... ......................... ....................... .......................................... .................. . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ..... ........... ..... ..... .......... ..... ..... ......... . . . . . . . . . . . . . . . . . . A. Case #97-118 PotentiN:~f:ll~pfCity Pt~p:eity - Lot ~fBlock 3, Brooksville Center First Addition. .;.....:::...:: ... ...... ......... .... ...... ......... ..... ...... ........ ..... ...... ........ ..... ...... ....... -.... ...... ........ ..... ...... ....... ..... ...... ....... ..... ...... ...... ..... ...... ....... ..... ...... ...... ..... . ...... ....... ..... .. ...... ...... ..... ... ..:.:.:.:-:.' :.:.:.:.;.;. :.:.:.:.:.....-:.:.;.:. ...... ..... ............ Planner Jenni Tovar.:p~f~tnted thegHinning Repqi?t1ated January 26, 1998. ...................... ........................... .................... .. .......... ........................ ....... ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The City of Prior Lake h~S:f~i~fve(r~'H~qtM;W% sell a piece of property located at the south east COffiyL9t.}.'ower St~~and Toronto Avenue, legally described as Lot 2, Block 3, Brook~w:l1&'t'=:!jghti\J.;Erst Ad(mlQ~h;;~tate Statute requires the Planning Commission detennwelf such a sMi:gtproperiy:~s(:onsistent with the Comprehensive Plan. ...... .......... ..... ...... .......... ..... ....... . ........ ........ ......... ........ Tl.i~4?;9mprehensive Lan4,!.Wse Guide Plan designates this property as Residential High Density;::::::yypile the futurjhmd uses of a private developer are unknown, it is known that the city h1t~::n\';\Jmmedi~~iror long range plans to develop the property as high density residentia1.~iS;it.X\plirchased this property for the connection of Toronto Avenue to property that is.:i\*"known as W oodridge Estates. The City held the property with the idea the remainipg parcel to the east of Toronto Avenue could be used for a future dance studio. However, considering the recent referendum and location ofthe future dance studio downtown, the need for the City to hold the property has been eliminated. While the request was from a specific person, the property would be sold through the bidding process. The Development Review Committee has reviewed the request. 1:\98fi1es\98p1comm\pcmin\mnO 12698 .doc 6 The Planning Commission finding will be fOlWarded to the City Council. The City Council will need to determine whether or not to proceed with the sale ofthe property and to direct staff accordingly. Comments from the Commissioners: Vonhof questioned if there is anything in the Comprehensive Plan addressing this issue? Rye said no. The sale would go into the general fund. Vote taken signified ayes by all. MOTION CARRIED. ................. ................... .................... .................... ..................... ......... ....... ....... ..... ....... .. ...... '. ,,::::::::::;:; ";:::::;:;:::;:;:::::::;" ................. ...... .......... ..... .......... ";';';';';';';';';', ":::;::=:=;=:::::::::" .......:::iiI:iI:/:t:::::::::::/:. ....:::::::}::::::::::........ ...... MOTION BY KUYKENDALL TO THE SALE FO TI.Ht:::PRO~pRTY AND DIREI,f)' THE PROCEEDS FROM THE SALE OF THE PRQI~TY dq:::&9 THE CAPITAL IMPROVEMENTS, SECOND BY VONHOF. ............n:::::::::\::..... .......:::::::{):/}...... "::::::::::::::::::" ,.::;:::::.' ";';';';';';':';':" ";;:::::::;:;:::::;:;:::::::::::., '.;.;.;.;.;.;.;.:.;.;.;.' Cramer questioned the high density and commercial property. Vonhof: The size ofthe property is about 1. 7 acres. .... ........ Announcemen ts and Correspondence: \:::ii:::....::::::{:::i:::i:iiiiii::::::::::::}:... .. ........ ...'............................. . .... ................... ,.... ,......,............. ..... .,.....,....,....,...... There was a brief discussion ::....~~:..county 1{,~i~ft:::tt.2:..acBe~:::I~f'Timothy Avenue. Discussed a Scott CountyJUMhirig..~9mmissid'~r workshop. Jenni gave an update. Tentative dates are 3/24i~).j.O and 311::f 5:30 to 9!:Q9...P~l,l1. Vonhofwould like to see 3 times a year. What..%~..,:}...~onc:~:~II!:;~:.::~::::::::,::::::.:~,es - take time to discuss. '.::::\~i~i~i\)::::.:::t?;. .. :,;.;::;;::::::::::::::::::::::;::::::::::::~:~:~:~:~~~~~::::::.. The me:~.a......:..:..:t.:.:..:..::.::..::..:8.:...... :'!~::"^ DomtlifR e .:.:.:.:.:.:.: ..::::::::::.' .,::::::::::.' Connie Carlson Recording Secretary 1:\98fi1es\98plcomm\pcmin\mnO 12698,doc 7 PLANNING REPORT AGENDA ITEM: SUBJECT: 6A CONSIDER REQUEST TO SELL PROPERTY OWNED BY CITY OF PRIOR LAKE JENNITOVAR,PLANNER YES _X_NO-N/A JANUARY 26,1998 PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: The City of Prior Lake has received a request to sell a piece of property located at the south east corner of Tower Street and Toronto Avenue, legally described as Lot 2, Block 3, Brooksville Center First Addition. State Statute (attached) requires that the Planning Commission determine if such a sale of property is consistent with the Comprehensive Plan. ANAL YSIS: The Comprehensive Land Use Guide Plan designates this property as R-HD. Residential High Density. While the future land uses of a private developer are unknown, it is known that the city has no immediate or long range plans to develop the property as high density residential (or anything else). The City purchased this property for the connection of Toronto Avenue to property that is now known as Woodridge Estates. The City held the property with the idea that the remaining parcel to the east of Toronto Avenue could be used for a future dance studio. However, considering the recent referendum and location of the future dance studio downtown, the need for the City to hold the property has been eliminated. While .the request was from a specific person, the property would be sold through the bidding process. The Development Review Committee has reviewed the request. Attached is a memorandum from Jane Kansier to the City Manager detailing the necessary requirements including obtaining a survey and appraisal. The Planning Commission finding will be forwarded to the City Council. The City Council will need to determine whether or not to proceed with the sale of the property and to direct staff accordingly. ALTERNATIVES: 1. Find the sale of the property for development consistent with the Comprehensive Plan. 2. Find the sale of the property inconsistent with the Comprehensive Plan. J:\98fil~\98~ubjec\98-118Pc...doc P~g~ 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4-47-4245 AN EQUAL OPPORTUNITY EMPLOYER '. RECOMMENDATION: Staff recommends Alternative #1. The proposed sale of public property is consistent with the Comprehensive Land Use Guide Plan. ACTION REQUIRED: A motion and second finding the sale of City property located at Lot 2, Block 3 Brooksville Center First Addition consistent with the Comprehensive Plan. This finding will be forwarded to the City Council. REPORT ATTACHMENTS: 1. Location Map 2. Comprehensive Plan Land Use Map 3. Letter of Request 4. DRC memo 5. State Statute 1:\98files\98subjec\98-118pc.doc Page 2 COMPREHENSIVE LAND USE MAP DRDE I / ~" '" ~ nl.o_ ii" --~' ,,,.,, -",-~~ ......'. ,;:,.,. -,,' _1;oJ..~,..t. ~ ~ <r /~ )-. ~<J ~ ~-=)! 1_1~_1= __1_ -,--1- ~l~~l . ~ I ,...\- ~ , en - - -<:"'- - - - -<:- --- -<,-- TI'~ <,- - - -<,- -- -- c - TOWER $T~EET ~ I "j"l , _ " I I I le'~-!$ ",.' \ I I I '/ "/ --- '\ ,/ ( ~"I" ...74,12\ ' .': ' " ."l c _ 7;~,L, I - o - o 'f ~ ni,J mr_~" Iq I I I J I i'1> I / I I \ \" \ ' 00 JJ~ i!lii1i/!/!II!i/!I////!/!!!/1/!!!!!!!!!Ir<!/I/!II/! !!I!!!!!!!!! i/il~? I I J /,' I / I I . ,': I \ \ '. TO[::- ""''''''"'rl''" """ '" ~ / / I J I J I I I \ I I I ( I I ( \ I \ \ \ Ul A r.w.l,..,,,.. ~ ' 275.35' 1 \ \ \ I '~ ' ~ 170TH STREET c:.! r- m N (" ~WOODRfbGE ESTATESflST ADDJION ,j I I , I J I c I\) U! U'I C! .. Memorandum TO: Frank Boyles, City Manager Jane Kansier, Planning Coordinator./~V November 10, 1997 U FROM: DATE: RE: Request to Purchase City Property ORC Members cc: The DRC reviewed the request by Michael Falk of Weston Real Estate Corporation to purchase the City property legally described as Lot 2, Block 3, Brooksville Center 1st Addition. This property was originally purchased by the City for the extension of Toronto Avenue to 170th Street. Only a portion ofthe lot is used for the street. The residual parcel is vacant and potentially developable. The DRC members discussed whether or not there is a public use for this site. At one time, there was some discussion about building a dance studio on the site; however, with the construction of the new library, the dance studio will be located in the old library building. WE did not identify any other public use for the site. If Mr. Falk wishes to pursue the purchase of the site, the following should occur: · The property must be surveyed to determine the precise location of the road and the necessary right-o-way. An Administrative Land Subdivision or a Plat should be prepared to handle the actual subdivision of the site. · An appraisal of the site should be prepared to determine a value and price for the property. · Any sale of public property must be reviewed by the Planning Commission for compliance with the Comprehensive Plan prior to the approval of the City Council. Thank you for the opportunity to comment on this matter. If you have any questions, please contact me. I :\drc\distmemo\ weston. doc Weston Real Estate Corporation October 27, 1997 Mr. Frank Boyles City of Prior Lake 16200 Eagle Creek Drive S.E. Prior Lake, MN 5:;372 RE: City Property Lot 2, Block 3, BrooksviIIe Center 1st Addition Dear Mr. Boyles: The owners of the Towering \Voods Condominiums in Prior Lake are contemplating the next phase of their project for 1998. In researching city standards and requirements, it came to our attention that the City of Prior Lake acquired property adjacent to ours for right of way for the extension of Toronto Avenue and that south of this property may be considered surplus. In that this property is adjacent to ours and may fit in well with our development plans, we would be interested in purchasing the portion of Lot 2, Block 3 Brooksville Center 1st Addition not needed for Toronto Avenue right of way. We are beginning our planning process now and would appreciate a timely response to this inquiry. I can be reached at 435-5592. Thank you for your consideration in this matter. Sincerely, Michael L. Falk Phone: (612) 435-5592. Fax: (612) 435-5058 1000 Hilloway Circle. Burnsville, Minnesota 55306-5487 ----- ...--.....-.--- : the powers set forth in section . \cept as otherwise provided by here be a separate board of ap- ling commission or a committee ld adjustments, and it may pro- 'en such other duties as the gov- ; the board. the governing bOdy ~ decisions of the board on mat- or are final subject to appeal to ury to the council. Hearings by 'h time and upon such notice to he board. The board shall with- hall serve a copy of such order Ir at the hearing in person or by sed by the governing body, the . Such rules may include pro vi- itten briefs by the parties. The lall include the minutes of its leard by it. including the final not act as the board of adjust- 'peal or petition until the plan- . has had reasonable opportuni- adjustments and appeals upon 1gency shall prepare th ing agencv shall consult with j age~cies' of the municipality the comprehensive municipal ue cognizance of the planning lublic agencies. The planning ndments whenever necessary. Each municipality in the met- III review and update its com- 'ided in section 473.864, sub- It. The planning agency may, ith the municipal charter. rec- 'om time to time of a compre- ~d in sections, each of which d section of the municipality. al plan and amendments to it g the comprehensive munici- agency shall hold at least one ~ of the hearing shall be pub- ten days before the day of the )rehensive plan or an amend- las received the recommcnda- the date an amendment pro- ~ agency for its recommenda- may by resolution by a two- :nsi ve plan or portion thereof 828 S~~i-u+-cs 829 HOUSING. REDEVELOPl'vlENT, PLANNING. ZONING 462.357 ,- as the official municipal plan upon such notice and hearing as may be prescribed by ordi- nance. Subd, 4. Interim ordinance. If a municipality is conducting studies or has authorized a ,. study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined in section 462.352. subdivision 15, or if new territory for which plans or controls have not been adopted is annexed to a municipality, the governing body of the municipality may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health. safety and welfare of its citizens, The interim ordinance may regulate. restrict or prohibit any use, development. or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective, and may be extended for such additional periods as the municipality may deem appropriate, not exceeding a total additional period of 18 months, No interim ordinance may halt. delay, or impede a subdivi- sion which has been given preliminary approval prior to the effective date of the interim ordi- nance. History: 1965 c 670 s 5: 1976 c 127 s 21: /977 c 3-+7 s 68: 19RO c 566 s 24: 1983 c 216 art I s 67: 1985 c 62 s 1.2: 1995 c 176 s-+ 462.356 PROCEDURE FOR PLAN EFFECTUATION; GENERALLY. Subdivision I. Recommendations for plan execution. Upon the recommendation by the planning agency of the comprehensive municipal plan or sections thereof, the planning agency shall study and propose to the governing body reasonable anu practicable means for putting the plan or section of the plan into effect. Subject to the limitations of the following sections. such means include. but are not limited to, zoning regulations, regulations for the subdivision of land. an official map. a program for coordination of the nonnal public im- provements and services of the municipality. urban renewal and a capital improvements pro- gram, Subd. 2. Compliance with plan. 6U,er a comoreher'i\lf~ munici9~~ or section thereof has been ff~commended bv the lanning agency and a Cl{DV hlprl with th.. "l;l,verning ~y, no publiclv owned 1I1terest 111 rea propertv wIt 111 t e municipality .,hall ~e acoUlred or d.i5posed W. nor shall any Capital Improvement be authorized by the municipality or special' district or agency thereof or any other political subdivision having jurisdiction within the municipality until after the planning agency has reviewed the proposed acquisition, disposal. or capital improvement aw rrOonel1 III wrmn!! lV lilt: !!vvern1l1g ooav or orner s\JeclaJ dlstnct or agency or political subdivision concerned. ~ dndl~ to com~liance of the orooosed acquisition. disoosal or improvement wjth th~ cO{TInrphf'n<i\'P mum'cmal nlan. J-aJlure at the Plann1l1g agency to report on the proposal within 45 days after such a reference. or such other period as may be designated by the governing body shall be deemed to have satisfied the re- quirements of this subdivision, The governing body may, by resolution adopted by two- thirds vote dispense with the requirements of this subdivision when in its judgment it tlnds that the proposed acquisition or disposal of real property or capital improvement has no rela- tionship to the comprehensive municipal plan, History: 1965 c 670 s 6 462.357 PROCEDURE FOR PLAN EFFECTUATION; ZONING. Subdivision I. Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface. and in subsurface areas, the location. height. . width, bulk, type of foundation, number of stories, size of buildings and other structures. the '- percentage of lot which may be occupied. the size of yards and other open spaces. the density and distribution of population. the uses of buildings and structures for trade, industry. resi- dence. recreation, public activities, or other purposes. and the uses of land for trade. industry, residence. recreation, agriculture, forestry. soil conservation. water supply conservation. conservation of shorelands, as detined in sections I 03F.20 I to I 03F.221. access to direct sun- light for solar energy systems as defined in section 216C.06. Hood control or other purposes. and may establish standards and procedures regulating such uses, No regulation may prohib- :> ........,. '..._.....-~... Li'+~ CDd e 1-12-1-2 1-12-1-3 PERSONAL PROPERTY: All property that is not real property, and other than the property that has come into the hands of the Police Department through impoundment. DISPOSE OF: To sell, alienate, to finish with, bargain away or otherwise conveyor transfer ownership, but, not including destruction of waste materials or the sale of supplies and materials or other properties by the City in the course of a service being performed by the City in the ordinary scope of its Municipal function. lOrd. 76-5,4-19-76) 1-12-1.3: DISPOSITION OF REAL PROPERTY: The following procedures shall be followed when real property, that has come into the possession of the City, is intended to be disposed, subject to the exceptions contained in subsections IG) and (H) herein: (A) Process for Approval: The City Manager shall be responsible for preparation and processing for approval any real property, intended for disposal. At the time of preparing to dispose of such property, the City Manager shall first secure comments and recommendations from affected departments. However, this procedure shall not be applicable when real property is used as a trade-in on the purchase by the City of real property. (B) Notice of Bids: The City Manager shall prepare a notice inviting sealed bids, to be published for two (2) consecutive weeks in the official newspaper and at least five (5) calendar days must intervene between the date of the last publication and the time for filing such sealed bids or proposals. This notice shall contain a description of the property and the terms and conditions of sale. (C) Form of Bids: 1. All bids shall be filed on forms furnished by the City Manager or his representative. After receipt of the bids, the City Manager or his representative shall present a listing of the bids to the City Council for acceptance. The highest bidder shall be awarded the contract unless otherwise provided in the notice of bids. 2. In the event the City Council rejects all bids as referred to in the notice of bids, it may then authorize the City Manager to list the property for disposition with one or more realtors or it may authorize the City Manager to negotiate the disposition in a manner that he may deem appropriate. All final dispositions of real property shall be by Council approval. 384 1-12-1-3 1-12-1-3 (0) Filing of Bond: The City Manager may require that any person who files a bid must also furnish a bond commonly referred to as a bidder's bond, or a cash deposit in the amount of not less than five percent (5%) of his bid. (E) Auction Sales: In the event that it is determined by the City Manager that sealed bids should not in the first instance be incorporated for the disposition of certain property, then the proposed disposition must be submitted to the City Council for approval of a public auction sale. All such public auctions shall comply with the same procedure in that the City Manager shall be responsible for preparing a notice to the official newspaper for at least two (2) consecutive weeks which must be at least five (5) days before the actual date of the sale. Any such notice shall describe the location of the auction sale and a description of the properties to be sold. At the time of the public auction, the City shall be responsible for providing the services of an auctioneer or other personnel necessary to carry out the public auction. The City Manager, upon completion of the public auction, shall prepare a record of all transactions and file such record with the City Clerk. t 1 1 j l :I of ~ ! (F) Books and Accounts: The City Manager shall be responsible for maintaining a record of each sale and the disposition of money received. (G) Through action and approval of the City Council, the City may dispose of real property in its possession without following the procedures contained in subsections (B), (C), (0) and (E), when such real property is intended to be conveyed to another governmental subdivision, public corporation, the State, an agency of the State, the Federal government, or an agency of the Federal government. In such cases, the City may sell or otherwise convey its land for a nominal consideration, without consideration or for such consideration as may be agreed upon. . < .~ (H) Through action and approval of the City Council, the City may dispose of real property owned by the City in fee simple and not restricted by the grant, without following the procedures contained in subsections (B), (C), (0) and (E) herein, when such real property is conveyed to encourage and promote industry and provide employment for citizens by conveying said property to any person (individual(s), partnership, corporate or other entity) for a nominal consideration or for such consideration as may be agreed upon. (Ord. 84-07, 4-16-84) 695 City of Prior Lalce