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HomeMy WebLinkAboutCCMPacket2013-04-30CALLED CITY COMMISSION MEETING AGENDA FOR APRIL 30, 2013 5:30 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION: Report on the Effects of Sequestration on National and Local Air Traffic Facilities -Richard Roof & Chris Neihoff, Airport Board Chair L MUNICIPAL ORDER A. Approve Contract for Auction Services for the Sale of 1105 Sheehan Bridge Road — CITY MGR II. ORDINANCE —ADOPTIONS A. Authorize Contract for the Ohio River Boat Launch Project — R. MURPHY B. Authorize Contract for the Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill — R. MURPHY C. Authorize Change Order #1 for the Greenway Trail Phase II Engineering Design Contract — R. MURPHY D. Closure of a Portion of South 4" Street and Woodward Street at the Intersection of Wayne Sullivan Drive — R. MURPHY III. CITY MANAGER REPORT IV. COMMISSIONER COMMENTS V. PUBLIC COMMENTS VI. EXECUTIVE SESSION Agenda Action Form Paducah City Commission Meeting Date: April 30, 2013 Short Title: Sale of property located at 1105 Sheehan Bridge Road ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Background Information: Jeff Pederson, City Manager Jeff Pederson, City Manager In 2009 the City purchased the former Wayne Lindsey property located at 1105 Sheehan Bridge Road, Paducah, Kentucky, with the intention of locating a Sports Complex on the site. Since that time, City priorities have shifted and the site is no longer under consideration for that use. The City Manager has deemed the property to be surplus, and is recommending disposal of said property. Goal: ❑Strong Economy ❑ Quality Services Staff Recommendation: ❑ Vital Neighborhoods ® Restored Downtown The City Manager recommends that the property be sold at a public auction conducted by Chris Colson Auction and Realty Co. Colson would expend a minimum of $8,400 to market the sale, which would occur on June 4. Compensation for auction services would be 7% of the sale price, which would be generated through a 10% Buyers premium, with the remaining 3% being retained by the City. Attachments: Municipal Order Department Head City Clerk eitynager CITY OF PADUCAH Jeff Pederson 300 South 5th Street Cin, Manager P O. Box 2267 Paducah, KY 42002-2267 Phone: (270) 444-8503 Fax: (270) 443-5058 Email: jpedersonCci.paducah.ky.us DETERIMINATION OF SURPLUS PROPERTY —1105 SHEEHAN BRIDGE ROAD The subject property includes 174 acres with a single -story structare located at 1 105 Sheehan Bridge Road, Paducah, Kentucky. The tract has approximately 4,950 feet of frontage on Sheehan Bridge Road, 2,800 feet of frontage on Clarks River and 2,000 feet of frontage on Interstate 24. The property was acquired by the City of Paducah on December 15, 2009, at the price of $900,000. At the time of acquisition, the property was intended to be converted for use as a Sports Complex. Prior to acquisition, the City obtained an independent appraisal of the property that produced a market value of $770,000. A review of that value was conducted in 2012, and the conclusion was reached that nothing had happened in the market since the 2009 appraisal that would change the market value. The City has abandoned plans for construction of a Sports Complex on this property; therefore, it is in the best interest of the City to dispose of the property and make the cash proceeds from the sale available for funding of other capital projects. The method that I recommend for disposal of the property is by auction. I o? S .2o 13 ]JPf'1lZIf 2, EQUAL OPPORTUNITY EMPLOYER TDD 1.800-247-2510 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING A CONTRACT FOR AUCTION SERVICES FOR THE SALE OF REAL PROPERTY AND AUTHORIZES THE CITY MANGER TO EXECUTE SAID CONTRACT WHEREAS, pursuant to Section 2-668 of the Code of Ordinances of the City of Paducah, Kentucky, a written determination has been made by the City Manager that the City does not have any use at this time or in the future for property located at 1105 Sheehan Bridge road, inclusive of a single -story structure and 174 acres of land, which now constitutes surplus real estate; and WHEREAS, the City is now desirous of selling such property for the purpose of making the sale proceeds available for funding of capital project(s) of the City; and WHEREAS, the City Manager recommends that the property be sold at public auction and has conducted a process to select a competent and qualified auctioneer service; NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1: The City Board of Commissioners does hereby approve the selection of Chris Colson Auction and Realty Co., LLC, as auctioneer for the sale and further authorizes the City Manager to execute a Real Estate Auction Contract for such services. SECTION 2: This Order shall be in full force and effect from and after the date of this adoption. MAYOR ATTEST: TAMMARA S. SANDERSON, City Clerk Adopted by the Board of Commission April 30, 2013 Recorded by Tammara S. Sanderson, City Clerk, April 30, 2013 \MO\prop-sheehan bridge rd Cris Colson Auction & Realty Co. LLC REAL ESTATE AUCTION CONTRACT This Listing Contract, made and entered into on this day of — by and between party of the first part and Chris Colson Auction & Realty Co., LLC, part of the second part. For, and in consideration of, the mutual agreements hereinafter stated, the party of the first part agrees to place in the hands of the party of the second part, exclusive right to sell at auction the following described real estate situated in County, and more particularly described as follows: Known existing mortgages, liens The following items are excluded The following items are included The Seller is /is not aware of adverse environmental conditions. The Seller ish, not aware of adverse structure deficiencies. The Seller is / is not aware of properly line disputes. ,( / A survey, if required will be paid for by / A`/e f � CLW y/ja'vl permission is given to pines auction signs on property. Owner's Insurance Termite treatment/bond The second party agrees to offer, at auction, the above described real estate, and to do such advertising as they may deem necessary. Advertising expenses to be paid by owners in advance with advertising to be approx, $ 8 ai0 d' and not to exceed $ . when funds are advanced by the Auction Cc. Sellers agree that the funds shall be paid out of the fust proceeds, and grants a lien to the Auction Co. on the Real Estate until funds are repaid. This agreement shall constitute a note for those funds and bear interest at the maximum usury rate beginning 30 days following the auction date until paid. The first party states that the sole and legal owlets of the above property and will execute, acknowledge and deliver an unrestricted Deed to same to the party of the second part, or any person, firm or corporation designated by the part} of the second part. Auction is to be conducted at & i 3`0 AM9, on `Jun e 7 0 The property is selling at Absolute Auction to the highest and best bid, regardless of the amount. ( ) initials. The Seller may not bid at an Absolute Auction, nor may anyone bid under his/her behalf. The Seller agrees to transfer ownership of the property regardless of the amount of the highest and last bid, to the high bidder. ( ) initials. The Auction Co., it's Auctioneers, Brokers, Agents and/or other members of the party of the second part make no guarantees of representations or estimations, either written or oral, of the final bid price of the Subject Property. ( ) initials. Disclosure: The Auctioneer, the Auction Co., or any licensed Real Estate Agent or Agency, reserves the right to bid enthen own behalf at this auction. A 10% Buyer's Prenumn will be added to the final bids) and included in the total contract price/s. The buyer's premium is the Auction fee. The party of the fast part agrees to pay the Auction Co. the 10% buyer's premium, which will be included within the purchase Agreement price. Further, if ownership fails to transfer the Auction Co. will be due a commission of 10% if this property is sold to anyone that they have negotiated with within 180 days after the auction date. Broker Cooperalien. Sellers authorize Auctioneer/ Broker to offer up to a 2% commission, paid by the Seller, to any Real Estate Broker who shows the property to a customer in advance of the auction, attends the auction with the customer, and makes a written opening bid ontFe property in advance of the auction on the customer registration and bidding forms supplied by Auctioneer, provided that customer is the winning bidder, and closes the transaction. In the event this commission is earned, it shall be paid by Seller in addition to the buyer premium. Purchase agreement deadlines will be extended to necessary dates to correct any faults found in the title. The deposit the day of auction is to be of the total contract price. Non -guaranteed funds. Balance due within _ days of auction. Possession given days from/at closing. It is further agreed and understood between both parties hereto, that in the event of a forfeiture of the deposit that said deposit shall pay the auction fee, and all advertising and promotional expenses with the balance paid to the Sellers. In the event, for whatever reason, that a transaction is not finalized, the Sellers - party of the first part- is responsible or, and agrees to pay, all advertising and expenses incurred to conduct said auction. If the particular sale does not close due to the fault of the Seller, Auction Co. shall be entitled fo a fill coni nission in accordance with this conond. The undersigned lien holder agrees to accept debtors other assurances of payment, if any, and to release their liens at the closing for full payment of any proceeds in proper date hen -recorded order after payment of the expenses of the auction, including the return of the advertising and promotion funds advanced. lien holders agree to release said liens regardless of the amount of payoff, deficiency of amount paid or lack of monies available. lien Imlderfs). Ly Title Date:_ SPECIAL AGREEMENT. I/We, the Seller/Owners/Party of the First Part, will convey at closing, by deed, a marketable, fee simple mlesuch as any title company will insure, except easements and restriction of record, Seller understands that in compliance with existing Federal, State and local Fair Housing Laws, Chris Colson Auction & Realty Co., LLC will not and cannot, in any manner, discriminate against any prospective Buyer/s or Bidder/s because of race, color, religion, sex, familial status, ancestry, handicap or national origin. Approved and Accepted by: Owner's Signatun!s & Social Security Number, s Licensed Real Estate Broker Licensed Auctioneer 3250 Kev Drive & john Puryear • Paducah, KY 42008 • 270.444.0031 Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Authorize a Contract with Jim Smith Contracting Co., LLC, for Construction of the Ohio River Boat Launch Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On Tuesday, March 26, 2013, sealed bids were opened and read aloud for the Ohio River Boat Launch Project. Two responsive bids were received for this project, with Jim Smith Contracting Co., LLC, submitting the lowest Base Bid in the amount of $2,726,046.82. However, upon review of the funding provided for this Project, the last row of parking was deducted from the overall project scope which is noted as Alternate 41 on the Bid Proposal, This Alternate #1 deduction in the amount of $$137,581.04 resulted in a Revised Bid Amount of $2,588,465.78. Therefore, after receiving the Federal FHWA funds allocated for this project in the amount of $2,254,100 (which is the total amount minus the KYTC administrative fees), the remaining amount of $334,365.78 will be allocated from the City's MAP funds and next year's Investment Fund budget. As required by the FHWA grant LPA process, documentation was forwarded to the Kentucky Transportation Cabinet Office of Local Programs (KYTC-OLP) recommending the award of the Project to Jim Smith Contracting Company, Inc., and confirmation was received from Ms. Jayne Combs on April 10, 2013, copy attached. Goal: []Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Ohio River Boat Launch f�Dt 3 Account Number: 040-3315-532-2307 PF00394%FinanLce Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a contract with Jim Smith Contracting Co., LLC, in the amount of $2,588,465.78 for construction of the Ohio River Boat Launch Project. Attachments: Bids, Bid Tab, Advertisement, Documents, Recommendation Letter, KYTC-OLP Approval, Proposed Cont ct Departm t Hea City Clerk % Crty Manager Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Authorize a Contract with MAC Construction & Excavating, Inc., for the Constriction of the Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On Thursday, April 4, 2013, sealed bids were opened and read aloud for the Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill. Three responsive bids were received ranging from $6.6 Million to $8.2 Million. Subsequent to evaluation of the bids, it was determined that all three bids were in excess of the funds available. In accordance with the City of Paducah's Code of Ordinances Section 2-654(4), it was determined that the bids received were in excess of the available funding and that it was in the best interest of the City to not delay the construction of the Project by re -bidding the Project. Therefore, on April 4, 2013, the bidders were informed in writing that the Bids received were rejected and that it was the City's intent to enter into Competitive Negotiations. Subsequently, all Bidders agreed to enter into Competitive Negotiations. Each Bidder was given a list of Competitive Negotiation Items on April 10, 2013 which allowed the Bidders to adjust their Bid utilizing the Project revisions listed. On April 15, 2013, individual competitive negotiations were held in person with the three bidders. After concluding the negotiations with all Bidders, the revised Bid Proposals were opened and reviewed along with the additional information provided by the Bidders that could result in additional savings for the City. Based on the review of all information obtained, it was determined that MAC Construction & Excavation, Inc., submitted the best proposal advantageous to the City along with the lowest competitive bid in the amount of $4,490,600.00. The majority of this project is funded by a $2.970 Million FY2006 Neighborhood Initiative Project Grant by the Department of Housing and Urban Development (HUD), for redevelopment of the Paducah's Riverfront. It is recommended by the City Manager that the remaining amount of $1.42 Million be funded by proceeds from the sale of the Sheehan Bridge Road property in addition to either monies from excess General Fund Reserve or bond proceeds. Goal: ®Strong Economy ®Quality Services ❑Vital Neighborhoods ®Restored Downto�Ams Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Greenway Trail Phase II Project Engineering Design Agreement with Florence & Hutcheson - Amendment #1 ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On June 22, 2010, Ordinance #2010-6-7699 was adopted authorizing an agreement with Florence & Hutcheson for engineering services related to the design of the Greenway Trail Phase II Project in an amount not to exceed $91,800.00. As of the end of 2012, the design of the project was complete and the contract services paid to date_ Due to a request to provide engineering alternatives regarding the design of a pedestrian underpass verses an at -grade or pedestrian overpass located at US 45 (North 8th Street) for the Greenway Trail Phase II project at the February 19, 2013 commission meeting, additional design work was requested of F&H beyond the initial scope of work. The additional engineering design of the alternatives related to the underpass resulted in an increase of the contract amount of $5,312.50. Therefore, it is requested that the additional amount of $5,312.50 be approved for payment. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Greenway Trail Phase II L og 1101 Account Number: 040-8821-536-2307 PA0078/--/finance Staff Recommendation: To adopt an Ordinance authorizing Amendment #1 of the Engineering Design Agreement with Florence & Hutcheson for the Greenway Trail Phase II Project in the amount of $5,312.50 for additional engineering design services related to the proposed underpass located at US 45 (North 8th Street). Attachments: Original Ordinance, Contract and copy of the invoice depicting additional extra work f � Depart ent He City Clerk_ '��Ci��nager Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Closure of a Portion of South 4th Street and Woodward Street at the intersection of Wayne Sullivan Drive ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, Engr Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: The Paducah McCracken County Riverport Authority and the P&L Railroad has submitted an application requesting that a portion of South 4th Street and Woodward Street at the intersection of Wayne Sullivan Drive be closed. All real property owners whose land adjoins any part of the proposed right-of-way to be closed have signed the application. April 15, 2013, the Planning Commission held a Public Hearing and made a positive recommendation to the City Commission for this closure. All of the utility companies have signed the plat. A Public Utility easement will be retained across both closed right of ways as shown on the plat. Goal: [-]Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: N/A Account Number: Finance Staff Recommendation: To adopt an ordinance authorizing the closing of a portion of South 4th Street and Woodward Street at the intersection of Wayne Sullivan Drive be closed and to authorize the Mayor to execute the plat and all necessary documents to complete the transfer of property. Attachments: Original Street Closure Application, Proposed Closure Plat, Planning Commission Resolution