City Council

MURFREESBORO CITY COUNCIL AGENDA October 29, 2015 7:00 p.m. City Council Chambers PRAYER VICE-MAYOR DOUG YOUNG PLEDGE OF ALLEGIANCE CEREMONIAL ITEMS Consent Agenda 1. A. Consider recommendations of the Airport Commission: Lease Extension Agreement with JKG, LLC d/b/a Murfreesboro Aviation. B. Consider recommendations of the Chief of Police: Award of Contract for the construction of four (4) communication tower sites. C. Consider recommendations of the Assistant City Manager: Six-Month Extension of York Veterans Administration Fire Suppression Contract. Third Readings 2. Consider for passage on third and final reading ORDINANCE 15-O-49 amending Chapter 12- Fire Prevention, Section 12-30 regarding Prohibited Sales, Use and Possession of Fireworks. 3. Consider for passage on third and final reading ORDINANCE 15-OZ-50 to zone an area at 4536 Veterans Parkway as Commercial Fringe (CF) District, simultaneous with annexation [2015-416]. 4. Consider for passage on third and final reading ORDINANCE 15-OZ-51 to zone an area at 4526 Veterans Parkway as Highway Commercial (CH) District, simultaneous with annexation [2015-415]. 5. Consider for passage on third and final reading ORDINANCE 15-OZ-52 to rezone an area along Veterans Parkway to Highway Commercial (CH) District [2015-415]. New Business 6. Consider recommendations of the Building & Codes Deputy Director: New Electrical Inspector Position. 7. Consider recommendations of the Environmental Engineer: A. Bids for Construction of West Main Fueling Station Improvements. B. Funding Authorization for West Main Fueling Station Site Improvements. C. Design Proposal Amendment No. 1 with Griggs & Maloney, Inc. D. Amendment No. 2 to Bulk Fuel Contract with D & D Oil Company Tennessee, Inc. 8. Consider for adoption RESOLUTION 15-R-39 honoring City Attorney Susan Emery McGannon upon her retirement on November 1, 2015. Board & Commission Appointments 9. Board of Electrical Examiners Reappointments. Beer Permits Payment of Statements Other Business from Staff or City Council Adjourn  October 27, 2015 CONSENT AGENDA HONORABLE MAYOR AND MEMBERS OF THE MURFREESBORO CITY COUNCIL RE: Award of Contract for the Construction of Four (4) Communication Tower Sites ITEM A: Acceptance of Bids for the Construction of Four (4) Communication Tower Sites It is the recommendation of the Chief of Police and the Purchasing Director that City Council accept the bid for the construction of four (4) Communication Tower Sites from Graves & Graves Construction Company, Inc. as outlined below in the Recommendation section. On October 13, 2015 at 2:00 p.m., proposals were opened for the above referenced project. Four (4) bids were received from the firms listed below and read aloud. 1. Gulf Equipment 2. Phoenix of Tennessee 3. Sabre Communications 4. Graves and Graves Construction Background Purpose: The purpose of issuing this Invitation to Bid is to identify and select a qualified firm for the construction of communication tower sites designated by four (4) site names: Site 1) Blackman, Site 2) Marshall Knob, Site 3) Fire & Rescue Station #4 and Site 4) Coleman Farm.  Honorable Mayor and Members of City Council Regular Agenda Request October 27, 2015 Scope of Work: An initial Invitation to Bid (ITB) was issued on Tuesday, November 4, 2014 and a Legal Notice was published in the Murfreesboro Post and on the City of Murfreesboro Web Site. Bids were received and opened on Tuesday, December 30, 2014 at 2:00 p.m. local time in the City Council Chambers with five (5) bids received. The low bidder (Gulf Equipment Corporation) did not meet the necessary requirements for this project. All bids were rejected and a decision was made to re-bid. A second Invitation to Bid (ITB) was issued on Tuesday, September 8, 2015 and a Legal Notice was published in the Murfreesboro Post and on the City of Murfreesboro Web Site. Bids were received again and opened on October 13, 2015. The apparent low bidder was Graves & Graves Construction Company, Incorporated as shown below in the Recommendation Section. Selection Process: Bid responses were examined by Huddleston-Steele Engineering and City Staff to determine if they met the bid requirements as set forth in the ITB. The recommendation is to accept the low bidder’s proposal of $2,272,479.00 (See attached Huddleston-Steele recommendation letter). The bid tabulation is provided for your reference. Fiscal Impact The 2012 Capital Improvement Plan (CIP) approved by Council on August 16, 2012 includes funds for the purchase of the construction and equipment costs for the Communication Tower Sites. Recommendation It is recommended that City Council award the contract for the construction of four (4) Communication Tower Sites to Graves & Graves Construction Company, Inc. as shown below. Fire & Marshall Rescue Total – All Blackman Knob Station #4 Coleman 4 Towers Graves & Graves Const. Co. Inc. $594,173 $722,595 $474,892 $480,819 $2,272,479 Phoenix of Tennessee, Inc. $646,547 $684,758 $527,634 $658,549 $2,517,488 Gulf Equipment Corporation $671,019 $688,678 $555,493 $643,150 $2,558,340 Sabre Communications Corporation $749,643 $890,661 $560,452 $604,398 $2,805,154 2  Honorable Mayor and Members of City Council Regular Agenda Request October 27, 2015 Attachments 1. Recommendation Letter – Huddleston-Steele Engineering 2. Bid Tabulation W. Glenn Chrisman Althea Pemsel Chief of Police Purchasing Director C: Deputy Chief Mike Bowen 3  ORDINANCE 15-O-49 amending the Murfreesboro City Code, Chapter 12—Fire Prevention, Section 12-30 regarding Prohibited Sales, Use and Possession of Fireworks. WHEREAS, the sale of large mortars (1½” inch diameter or more) packaged as part of a “cake” type of firework has posed a threat to public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 12-30, Prohibited Sales, Use and Possession of Fireworks, of the Murfreesboro City Code is hereby amended by deleting subsections (C), (D) and (E) and substituting in lieu thereof and adding a new subsection (F) as follows: “(C) Except as part of a public display of fireworks approved under Code §12-28, it shall be unlawful for any person within the City to sell, use or possess any mortar firework with a single tube, or any mortar firework with multiple tubes (commonly referred to as a “cake”), if any tube with an inside diameter of one and half inches (1½”) or more has been preloaded with a shell or shells. Measurement of any tube shall be from the inside edge of the tube to the inside edge of the opposite side of the tube. (D) Except as part of a public display of fireworks approved under Code §12-28, it shall be unlawful for any person within the City of Murfreesboro to sell, use or possess any reloadable firework. (E) If the firework reasonably appears to be a mortar firework in violation of subsection (C) or a reloadable firework in violation of subsection (D), and the seller is unable or unwilling to demonstrate (by removing packaging or otherwise) that the item is lawful for sale, it shall be presumed to be unlawful. (F) It shall be unlawful for any person within the City to use, possess, sell or offer for sale any bottle rocket.” SECTION 2. 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\2015\49 - 15-o-49 - substitute version clean.doc 8/27/2015 1:02:55 PM #1  ORDINANCE 15-OZ-50 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 2 acres at 4536 Veterans Parkway as Commercial Fringe (CF) District, simultaneous with annexation. [2015-416] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to zone the territory indicated on the attached map. SECTION 2. That from and after the effective date hereof the area depicted on the attached map be zoned and approved as Commercial Fringe (CF) District, simultaneous with annexation, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. 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. 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\2015\50 - 15-oz-50.doc 10/23/2015 9:04:06 AM #1 Ê TESSA CT TAMARAC DR SABIN CT DR OSSABAW CLOISTE R DR 4536 Veterans Parkway K NS P Murfreesboro ERA VET City Limits Area WY Zoned CF Ordinance 15-OZ-50  ORDINANCE 15-OZ-51 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 1.4 acres at 4526 Veterans Parkway as Highway Commercial (CH) District, simultaneous with annexation. [2015-415] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to zone the territory indicated on the attached map. SECTION 2. That from and after the effective date hereof the area depicted on the attached map be zoned and approved as Highway Commercial (CH) District, simultaneous with annexation, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. 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. 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\2015\51 - 15-oz-51.doc 9/29/2015 11:20:15 AM #1 Ê CLOISTE R DR OSSABAW D 4526 Veterans Parkway Murfreesboro City Limits KWY NS P ERA VET Area Zoned CH Ordinance 15-OZ-51  ORDINANCE 15-OZ-52 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 9.65 acres along Veterans Parkway from Residential Multi-Family Sixteen (RM-16) District to Highway Commercial (CH) District; Alex and Bettye Bryan and Wright Family Partnership, applicants [2015-415]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to rezone the territory indicated on the attached map. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be zoned and approved as Highway Commercial (CH) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. 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. 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\2015\52 - 15-oz-52.doc 9/29/2015 11:31:29 AM #1  Ê DR TESSA CT TAMARAC R BAW S AB D PRD IN CT O S SA Area Rezoned CLOISTER DR from RM-16 to CH VET NS E RA RM-16 PKWY EE K C R CH L L RA O VE Ordinance 15-OZ-52 CF  RESOLUTION 15-R-39 honoring City Attorney Susan Emery McGannon upon her retirement on November 1, 2015. WHEREAS, City Attorney Susan Emery McGannon has served the City of Murfreesboro as Assistant City Attorney from 1992 to 2001, and as City Attorney from 2001 to present; and, WHEREAS, following her graduation from Kenyon College and Vanderbilt University School of Law, Susan McGannon became an accomplished and gifted attorney in her private legal practice in Nashville and achieved many distinguished honors including founding and leading the Lawyers’ Association for Women and becoming a two- time President of the Tennessee Municipal Attorneys Association; and, WHEREAS, she continued that tradition of leadership while in Murfreesboro by being awarded the President’s Award from the Tennessee Bar Association, Kenyon College’s Distinguished Service Award and the Tennessee Supreme Court’s Service Award; serving on the Tennessee Supreme Court’s Board of Professional Responsibility; serving on the Board of Directors of the International Municipal Lawyers Association (IMLA), earning IMLA’s Joseph I. Mulligan Distinguished Public Service Award in 2008 and four times achieving designation as an IMLA Local Government Fellow (a distinction given to recognize municipal attorneys as proficient and competent in the practice of municipal law); serving as President of the Rutherford/Cannon County Bar Association; serving on the Tennessee Bar Association’s Board of Governors and being one of the co- creators of its Leadership Law Program; and, becoming a Life Member of the Sixth Circuit Judicial Conference; and, WHEREAS, during her tenure in Murfreesboro, Susan has also given her time and resources to her community and peers by serving on the Board of Directors of the United Way of Rutherford County; serving on the Board of Directors of Kenyon College; serving on the National Council of Vanderbilt University School of Law; serving as co-President of the League of Women Voters of Murfreesboro and Rutherford County as well as an officer of the League of Women Voters of Tennessee; serving as Secretary of the Rutherford County Sheriff’s Department Citizens Police Academy Alumni Association; and, graduating from Leadership Rutherford; and WHEREAS, Susan McGannon has authored numerous published articles and speeches; and, WHEREAS, while these many professional and community activities were important to Susan McGannon, she always placed the interests of the City of Murfreesboro and its citizens, business, institutions and government first and foremost with her time, dedication and intellect; and WHEREAS, Susan McGannon has served the City Council, the Boards and Commissions of the City, the City Manager’s Office, and the employees of the City through periods of growth and times of challenge and difficulty, with the highest degree of professionalism, proficiency, ethics, integrity, leadership, and dedication; and, WHEREAS, Susan McGannon has led the Legal Department excellently, ethically, efficiently, and enjoyably; and WHEREAS, the City recognizes City Attorney Susan McGannon’s notable and significant contributions to the City of Murfreesboro and the legal profession; cis 10/22/2015 X:\Resolution SEM.Doc  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The City of Murfreesboro hereby honors and expresses its profound appreciation to Susan Emery McGannon. The people acknowledge her many contributions and selfless devotion to the City during her tenure with the Legal Department. SECTION 2. This Resolution shall be effective immediately upon its passage and adoption, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney cis 10/22/2015 X:\Resolution SEM.Doc