City Council

MURFREESBORO CITY COUNCIL AGENDA August 28, 2014 7:00 p.m. City Council Chambers PRAYER MR. RON WASHINGTON PLEDGE OF ALLEGIANCE Consent Agenda 1. Consider recommendations of the Chief of Police: A. Bids for Vehicle Equipment 2014. B. Request Extension of Demolition Contract for 1004 North Highland Avenue. Third Readings 2. Consider for passage on third and final reading ORDINANCE 14-O-42 authorizing the charging and collection of electronic traffic citation fees pursuant to Chapter 750 of the Public Acts of 2014. 3. Consider for passage on third and final reading ORDINANCE 14-O-44 the Tax Rate Ordinance. Second Readings 4. Consider for passage on second reading ORDINANCE 14-O-43 amending Murfreesboro City Code, Chapter 25¼-Signs, Sections 25¼-22 and 25¼-26, dealing with signs. Beer Permits Payment of Statements Board & Commission Appointments Other Business from Staff or City Council Adjourn August 26, 2014 Honorable Mayor and Members of City Council: CONSENT AGENDA RE: A.: Acceptance of Bids for Vehicle Equipment 2014 B.: Request Extension of Demolition Contract for 1004 North Highland ITEM A: Acceptance of Bids for Vehicle Equipment 2014 As an item for the consent agenda at the next scheduled Council meeting, it is the recommendation of the Chief of Police that City Council accept the bids for Vehicle Equipment 2014 for the Police Department as outlined below in the Recommendation section. Background Purpose: To secure competitive bids for the purchase of emergency Vehicle Equipment for the Murfreesboro Police Department. The contract will also allow other local governments to purchase from these bids. Scope of Work: An Invitation to Bid (ITB) was issued on Friday, August 8, 2014 and a Legal Notice was published in the Murfreesboro Post on Monday, August 11, 2014. Bids were received and opened on Monday, August 25, 2014 at 9:00 a.m. local time in the Office of the City Manager. The initial contract period for this bid quotation is from the date of the bid award until June 30, 2015. All bid prices shall be effective until June 30, 2015. The second, third, fourth and fifth contract periods (July 1 through June 30) of the contract shall be subject to the City’s satisfaction with supplied items and delivery and any price increases must be submitted by the successful bidder prior to March 1 of each respective period for acceptance and approval by the City Manager.  Honorable Mayor and Members of City Council Consent Agenda Request August 26, 2014 Selection process Bid responses were examined to determine if they met the bid requirements and specifications and which bid price was the lowest. The ITB was developed to allow bids to be awarded per each Section and a package of specific types of equipment was specified respective to each of the manufacturers in each Section. The Sections are relative to the following Manufacturers of vehicle equipment (Section A – Federal Signal, Section B – Whelen, Section C – Setina, Section D – Jotto Desk, Section E – Havis, Section F - AEDEC and Section G – American Aluminum). The bid tabulation, of which a copy is provided for your reference, reflects the total bids received. Fiscal Impact The 2014 Capital Improvement Plan (CIP) Budget, Line “Police Vehicles – Marked” reflects monies for the purchase of the vehicle equipment. Recommendation It is recommended that City Council award the bids for each Section as shown below. Section Vendor Total Bid Price A Federal Signal On-Duty Depot $2,369.00 B Whelen On-Duty Depot $2,078.95 C Setina Trucker’s Lighthouse $1,471.01 D Jotto Desk On-Duty Depot $1,875.83 E Havis Trucker’s Lighthouse $1,682.77 F AEDEC On-Duty Depot $1,115.00 G American Aluminum Trucker’s Lighthouse $3,241.00 Attachments 1. Bid Tabulation – Vehicle Equipment 2014 ITEM B: Request Extension of Demolition Contract for 1004 North Highland As an item for the consent agenda at the next scheduled Council meeting, it is the recommendation of the Chief of Police that City Council approve the extension of the demolition contract with Hardaway Construction for 1004 North Highland Avenue. 2  Honorable Mayor and Members of City Council Consent Agenda Request August 26, 2014 Background Purpose: To extend the current demolition contract with Hardaway Construction for 1004 North Highland Avenue due to unacceptable means and methods of demolition by the subcontractor. Scope of Work: The subcontractor for Hardaway Construction used inadequate assumptions in determining the means and methods in which the demolition for this project was to be performed on the second (2nd) and third (3rd) floors of this building. Hardaway was requested by the subcontractor to supply a change order extending the time line and granting additional funding to accommodate the demolition of the 2nd and 3rd floors using lighter equipment instead of heavier machinery that could not be supported by the floor structure on these floors. Hardaway Construction refused to accommodate this request due to the subcontractor’s failure to ascertain acceptable means and methods of performing the demolition prior to submitting their bid. Selection process To complete their commitment to the City, Hardaway has severed their contract with the subcontractor and took over the demolition work with its own sources. The length of time the discovery and resolution of this issue has taken caused the project to fall behind schedule, therefore, Hardaway is requesting an additional 42 calendar days to complete the demolition. Fiscal Impact The additional time will not create any additional costs associated with this contract. Recommendation It is recommended that City Council approve the extension of the demolition contract with Hardaway Construction for 1004 North Highland Avenue. Attachments 1) Hardaway Construction Letter – Interior Demolition Project Issues 2) Revised Time Line W. Glenn Chrisman Chief of Police C: Deputy Chief Mike Bowen Assistant Chief Roy Fields 3  CITY OF MURFREESBORO BID TABULATION FOR MURFREESBORO POLICE DEPARTMENT VEHICLE EQUIPMENT - 2014 Bid Opening Date: 25-Aug-14 Council: 28-Aug-2014 Page 1 OF 1 Item Craig's Firearm G.T. Gemini Truckers On-Duty #(s) Item Description Qty. Supply Distributors Comm. Lighthouse Depot AEDEC Section A See note below Federal Signal Valor Lightbar 1 1 NO BID $2,690.00 $3,200.00 $2,169.00 $2,369.00 NO BID Package Section B Whelen SP8 Lightbar 1 1 NO BID $2,495.95 NO BID $2,120.00 $2,078.95 NO BID Package Section C 1-6 Setina Products Package 1 NO BID $2,099.00 NO BID $1,471.01 $1,691.40 NO BID Section D Jotto Desk / Patriot / Kodiak 1-7 1 NO BID NO BID NO BID NO BID $1,875.83 NO BID Products Package Section E 1-7 Havis Products Package 1 NO BID $1,935.90 NO BID $1,682.77 $1,907.00 NO BID Section F 1-2 AEDEC Products Package 1 NO BID NO BID NO BID NO BID $1,115.00 NO BID Section G American Aluminum 1-7 1 NO BID NO BID NO BID $3,241.00 $3,586.00 NO BID Products Package NOTES The lowest bid prices that meet specifications are noted in BOLD and yellow highlight. Truckers Lighthouse bid price for Item #1 was for a Whelen Legacy Duo lightbar that does not meet bid specifications. August 20, 2014 Mr. James Kennon kennon|calhoun WORKSHOP 700 Melpark Nashville, TN 37204 RE: Murfreesboro Police Dept. – Interior Demolition Project Issues with Demolition Dear James, This letter is in response to issues we have recently encountered on the above project. The demolition subcontractor that we contracted with had made the assumption that the demolition work could be done on all floors with heavy skid steer equipment. Once this was made known and before the subcontractor was allowed to use the equipment on the upper floors, we consulted with your firm and your consultants to ascertain if the existing floor structures would support the use of this type equipment. It was determined that the existing floor structures would not support the use of this equipment. Lighter acceptable equipment, that the structures could support, was proposed but it was determined that their use would not be cost efficient by our subcontractor and the best way to accomplish the demolition on the 2nd and 3rd floors would be through manual means and additional manpower. Since this would require additional cost and time to the subcontractor, they pulled off of the job until Hardaway would agree to sign a change order to cover their oversight for their estimated additional costs and give them a time extension. Hardaway has refused to supplement them for their failure to ascertain acceptable means and methods prior to submission of their bid. To complete our commitment to the city, Hardaway has severed its commitment with the subcontractor and took over the demolition work with its own forces and sources once the legal obligation to the subcontractor was severed. The process from discovery of the issue to Hardaway being able to resume demolition has cost the project a couple of weeks of production time. We have also run in to some issues with the electrical where the documents noted power was to remain to the elevators and mechanical units. Power to these was causing an inability to cut power to lights and circuits that were to be demoed. Work was slowed somewhat until it was determined that power to the entire building could be cut to eliminate the possibility of having someone get shocked or issues with sparks that could cause a fire. You and your team have worked diligently with us to work out ways to overcome these issues and to efficiently complete the demolition and remove the debris from the building. The issues and the need to do the majority of the demolition work with manual means will require additional time to complete the work. Hardaway is committed to diligently make every effort to minimize any additional time required to complete the project however we kindly request a time extension of 42 calendar days for the work due to these unforeseen issues. Thank you in advance for your consideration of the above matter. Sincerely, David Dierks Sr. Project Manager Cc: Ed Bullington Richard Sweatman File  CITY OF MURFREESBORO POLICE DEPARTMENT INTERIOR DEMOLITION (REVISED) ID Task Name Duration Start Finish Jul 6, '14 Jul 13, '14 Jul 20, '14 Jul 27, '14 Aug 3, '14 Aug 10, '14 Aug 17, '14 Aug 24, '14 Aug 31, '14 Sep 7, '14 Sep 14, '14 Sep 21, '14 Sep 28, '14 Oct 5, '14 Oct 12, '14 Oct 19, '14 Oct 26, '14 SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SM 1 Lower Floor - West Section 45 days Tue 7/8/14 Mon 9/8/14 2 Doors, Frames & Millwork 8 days Tue 7/8/14 Thu 7/17/14 3 Ceilings 7 days Wed 7/9/14 Thu 7/17/14 4 Walls 34 days Thu 7/10/14 Tue 8/26/14 5 Misc. Overhead Demo 4 days Wed 8/27/14 Mon 9/1/14 6 Floors 5 days Tue 9/2/14 Mon 9/8/14 7 8 Lower Floor - Center Section 26 days Mon 8/4/14 Mon 9/8/14 9 Doors, Frames & Millwork 5 days Mon 8/4/14 Fri 8/8/14 10 Ceilings 5 days Tue 8/5/14 Mon 8/11/14 11 Walls 14 days Wed 8/6/14 Mon 8/25/14 12 Misc. Overhead Demo 5 days Tue 8/26/14 Mon 9/1/14 13 Floors 5 days Tue 9/2/14 Mon 9/8/14 14 15 Lower Floor - East Section 34 days Tue 9/2/14 Fri 10/17/14 16 Doors, Frames & Millwork 5 days Tue 9/2/14 Mon 9/8/14 17 Ceilings 5 days Tue 9/9/14 Mon 9/15/14 18 Walls 14 days Tue 9/16/14 Fri 10/3/14 19 Misc. Overhead Demo 5 days Mon 10/6/14 Fri 10/10/14 20 Floors 5 days Mon 10/13/14Fri 10/17/14 21 22 2nd Floor - West Section 29 days Mon 8/11/14 Thu 9/18/14 23 Doors, Frames & Millwork 7 days Mon 8/11/14 Tue 8/19/14 24 Ceilings 7 days Mon 8/18/14 Tue 8/26/14 Project: Murfreesboro Police Headquarter Task Summary External Milestone Inactive Summary Manual Summary Rollup Finish-only Date: Thu 8/21/14 Split Project Summary Inactive Task Manual Task Manual Summary Deadline Milestone External Tasks Inactive Milestone Duration-only Start-only Progress Page 1  CITY OF MURFREESBORO POLICE DEPARTMENT INTERIOR DEMOLITION (REVISED) ID Task Name Duration Start Finish Jul 6, '14 Jul 13, '14 Jul 20, '14 Jul 27, '14 Aug 3, '14 Aug 10, '14 Aug 17, '14 Aug 24, '14 Aug 31, '14 Sep 7, '14 Sep 14, '14 Sep 21, '14 Sep 28, '14 Oct 5, '14 Oct 12, '14 Oct 19, '14 Oct 26, '14 SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SMTWT F S SM 25 Walls 14 days Mon 8/18/14 Thu 9/4/14 26 Misc. Overhead Demo 5 days Fri 9/5/14 Thu 9/11/14 27 Floors 5 days Fri 9/12/14 Thu 9/18/14 28 29 2nd Floor - Center Section 38 days Wed 8/13/14 Fri 10/3/14 30 Doors, Frames & Millwork 5 days Wed 8/13/14 Tue 8/19/14 31 Ceilings 5 days Tue 8/26/14 Mon 9/1/14 32 Walls 14 days Tue 9/2/14 Fri 9/19/14 33 Misc. Overhead Demo 5 days Mon 9/22/14 Fri 9/26/14 34 Floors 5 days Mon 9/29/14 Fri 10/3/14 35 36 2nd Floor - East Section 22 days Fri 8/8/14 Mon 9/8/14 37 Doors, Frames & Millwork 5 days Fri 8/8/14 Thu 8/14/14 38 Ceilings 5 days Mon 8/11/14 Fri 8/15/14 39 Walls 10 days Tue 8/12/14 Mon 8/25/14 40 Misc. Overhead Demo 5 days Tue 8/26/14 Mon 9/1/14 41 Floors 5 days Tue 9/2/14 Mon 9/8/14 42 43 3rd Floor - East Section 34 days Tue 9/2/14 Fri 10/17/14 44 Doors, Frames & Millwork 5 days Tue 9/2/14 Mon 9/8/14 45 Ceilings 5 days Tue 9/9/14 Mon 9/15/14 46 Walls 14 days Tue 9/16/14 Fri 10/3/14 47 Misc. Overhead Demo 5 days Mon 10/6/14 Fri 10/10/14 48 Floors 5 days Mon 10/13/14Fri 10/17/14 Project: Murfreesboro Police Headquarter Task Summary External Milestone Inactive Summary Manual Summary Rollup Finish-only Date: Thu 8/21/14 Split Project Summary Inactive Task Manual Task Manual Summary Deadline Milestone External Tasks Inactive Milestone Duration-only Start-only Progress Page 2  ORDINANCE 14-O-42 authorizing the charging and collection of electronic traffic citation fees pursuant to Chapter 750 of the Public Acts of 2014. WHEREAS, Chapter 750 of the Public Acts of 2014, effective July 1, 2014, authorizes local legislative bodies to authorize municipal court clerks to charge and collect electronic traffic citation fees under certain terms and conditions, including the amount and use of such fees; and, WHEREAS, the City of Murfreesboro issues electronic traffic citations and can make productive expenditures in accordance with the requirements of Chapter 750. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 2-13, Schedule of Court Costs for City Court, of the Murfreesboro City Code is hereby amended by adding to the list of court costs therein: “Electronic traffic citation fee 5.00” SECTION 2. The electronic traffic citation fee shall be charged for any violation of a traffic ordinance that results in a plea of guilty or nolo contendre or in a judgment of guilty and shall be in addition to all other fees, taxes and charges. SECTION 3. In conjunction with the Finance Director, the Court Clerk shall, in accordance with the provisions of Chapter 750, ensure that (a) $4.00 of any such electronic traffic citation fee shall be accounted for in a special revenue fund for the Murfreesboro Police Department that shall be used only for electronic citation system and program related expenditures including technology, equipment, repairs, replacement and training and (b) $1.00 of any such electronic traffic citation fee shall be used for computer hardware (including replacement) purchases and usual and necessary computer related expenses for City Court. Electronic traffic citation funds shall be used for these purposes only and shall not revert to general purposes in the general fund if unexpended. SECTION 4. The electronic traffic citation fee shall terminate and shall not be imposed on any offense occurring on or after July 1, 2019. SECTION 5. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2014\42 - 14-o-42.doc 7/28/2014 11:11 AM #1  ORDINANCE 14-O-44 providing for the levy and collection of a tax for the year 2014 upon all property, real, personal and mixed, within and subject to the jurisdiction of the City of Murfreesboro that is now taxable under the laws and Constitution of the State of Tennessee and the Charter of said City, and for the interest, penalties and costs to be added to such taxes after certain dates. WHEREAS, the City of Murfreesboro has adopted the certified tax rate after reappraisals in 2002, 2006 and 2010; and, WHEREAS, based on information received from the Rutherford County Tax Assessor, the City believed it was adopting the certified tax rate for 2014 when it adopted the rate of One and 20.15/100 Dollars ($1.2015) in Ordinance 14-O-34; and, WHEREAS, following adoption of third and final reading of Ordinance 14-O-34, the Rutherford County Tax Assessor notified the City that the certified tax rate for 2014 is One and 20.66/100 Dollars ($1.2066); and, WHEREAS, the City Council wishes to continue the City’s history of tax rate neutrality and changing the City’s tax rate to the correct certified tax rate is necessary to achieve this. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Ordinance 14-O-34, to the extent it conflicts with this Ordinance, is superseded and replaced. SECTION 2. (a) That the City Council having received from the City Manager the statement of the valuation and assessment of taxable property within the City of Murfreesboro for the year 2014, and the estimates of revenues to be received by the City of Murfreesboro for the year 2014, pursuant to Section 83 of the Charter of said City, there be and is hereby levied upon and assessed against every species of property, real, personal and mixed, within the corporate limits and subject to the jurisdiction of the City of Murfreesboro that is taxable by said City of Murfreesboro under the laws and Constitution of the State of Tennessee (including the Charter of the City of Murfreesboro), for the year 2014, the sum of One and 20.66/100 Dollars ($1.2066) on every hundred dollars worth of said property. (b) The individual ad valorem property tax amounts shall be rounded to the nearest dollar. Such rounding shall be applied uniformly to all property tax bills in the City for real and personal property, and shall be accomplished by rounding amounts ending in $0.01 to $0.49 down to the nearest dollar and amounts ending in $0.50 to $0.99 up to the nearest dollar. Such rounding shall also apply to any interest or penalty added to delinquent taxes. SECTION 3. That all such taxes shall be collected in the manner provided by the Charter and Ordinances of the City of Murfreesboro and the laws of the State of Tennessee not in conflict therewith. SECTION 4. (a) That all such taxes shall be and become past due and delinquent on and after January 1, 2015, and interest at the rate of one percent (1%) per month and penalties in the amount of one-half of one percent (½ of 1%) per month shall be applied and added to mjp \\puckett\legal\files\council\ordinances\2014\44 - 14-o-44.doc 8/18/2014 10:16 AM #1 the amount of such taxes on and after January 1, 2015. Both such interest and penalties shall be added to the amount of the said taxes, and shall be paid by the taxpayer. (b) All taxes remaining unpaid and delinquent on January 1, 2016, shall be promptly certified to the City Back Tax Attorney for collection as provided by the Charter of the City of Murfreesboro, unless such certification shall be delayed by resolution of the City Council for a period or periods of time beyond said date of January 1, 2016; and the costs fixed by the law of the State for collection of delinquent State or County taxes, exclusive of City Back Tax Attorney's commission, shall be applied and added to the amount of such taxes, to be paid by the taxpayer on and after January 1, 2016, or on and after such period or periods of time to which said certification of such taxes to the City Back Tax Attorney may be delayed or deferred by such resolution of the City Council. SECTION 5. That this Ordinances take effect from and after its passage upon third and final reading as an emergency Ordinance, an emergency existing, it being necessary that this Ordinance take effect at the earliest possible moment in order to allow the timely preparation of tax bills, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2014\44 - 14-o-44.doc 8/18/2014 10:16 AM #2  ORDINANCE 14-O-43 amending Murfreesboro City Code, Chapter 25¼— Signs, Sections 25¼-22 and 25¼-26, dealing with signs. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 25¼-22, Computation of Sign Area, Number, Height, Power Line Setback and Other Setbacks, of the Murfreesboro City Code is hereby amended at subsections (A)(2) and (A)(3) by deleting same in their entirety and replacing them with the following: (2) The display surface area of an attached sign consisting of word(s), image(s), logo(s) or trademark(s) that are painted on, attached to or otherwise affixed to a surface such as a wall, window, or any other surface not specifically designed to serve as a sign background, and are not enclosed by a box or outline, shall be the sum of the area(s) within an imaginary rectangular box around each word, image, logo or trademark, with the size of the box being the area within same, calculated by multiplying the height by the width, without regard to whether or not the wall, window, or other surface not specifically designed to serve as a sign background is internally illuminated, externally illuminated, or non-illuminated. The height of the box shall be the vertical distance between the tallest and lowest letter or image in the word; or the distance between the top and bottom of an image, logo, or trademark which is not part of a word. The width shall be the horizontal distance between the outermost distant letter(s), image(s), logo(s), trademark(s) or combination thereof within a word; or the horizontal distance between the outermost edge of any image, logo or trademark not a part of a word. 3) The display surface area of a sign consisting of connected letters or letters word(s), image(s), logo(s) or trademark(s) enclosed by a box or outline of any kind shall be the total area of the sign including the background, box or outline. Example: SECTION 2. Section 25¼-26, On-Site Permanent Sign Requirements, of the Murfreesboro City Code is hereby amended at subsection (C)(5)(c)[1][xiv] by deleting same in its entirety and replacing it with the following: [xvi] Tenant Sign: Type – Attached Number – N/A Display Surface Area – The combined display surface area of all tenant attached signs shall not exceed 1 sq. ft. for each 1 linear ft. of exterior wall to which the signs are attached, or 50 sq. ft., whichever is greater. Setback – N/A Height – 24 ft. maximum if located within 200 ft. of a residential zone. Illumination – Push thru or indirect only. Other limitations – None. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. mjp \\puckett\legal\files\council\ordinances\2014\43 - 14-o-43.doc 7/25/2014 9:59 AM #1 Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2014\43 - 14-o-43.doc 7/25/2014 9:59 AM #2