City Council

MURFREESBORO CITY COUNCIL AGENDA November 10, 2016 7:00 p.m. Council Chambers PRAYER MS. SCALES HARRIS PLEDGE OF ALLEGIANCE CEREMONIAL ITEMS Consent Agenda 1. A. Consider recommendations of the Water & Sewer Director: Purchase of Water & Sewer & Stormwater Inspector Trucks. B. Consider recommendations of the Assistant Human Resources Director: a. Proposals for Benefits Consultant. b. Holiday Pay Policy Moratorium. C. Consider recommendations of the Airport Commission: Grant Amendment No. 2 to Runway 18/36 Overlay. D. Consider recommendations of the Murfreesboro Parks & Recreation Commission: a. Fee Increases for Picnic Shelter Reservations. b. Holiday Pass Specials for Sports*Com & Patterson Community Center. E. Consider recommendations of the City Recorder/Finance Director: Acknowledgement of Receipt of City Manager’s approved Budget Amendments for Fiscal Year 2017. F. Consider recommendations of the Human Resources Director: Revision to Employee Handbook Section 5003: Compensation & Classification. G. Consider recommendations of the City Manager: Amend Professional Services Agreement with Kennon Calhoun Workshop for the Police Headquarters. Minutes 2. November 3, 2016 - Special Meeting (Public Comment). Second Readings 3. Consider for passage on second and final reading ORDINANCE 16-OZ-44 to rezone an area along East Clark Boulevard to Planned Residential Development (PRD) District (Cottages on Clark) [2016-440]. 4. Consider for passage on second and final reading ORDINANCE 16-OZ-45 to zone an area along Barfield Road to Residential Zero Lot-Line (RZ) District, simultaneous with annexation [2016-436]. 5. Consider for passage on second and final reading ORDINANCE 16-OZ-46 to zone approximately 34.1 acres to Commercial Fringe (CF) District, simultaneous with annexation, and to rezone approximately 17.6 acres to Commercial Fringe (CF) District along Old Salem Road [2016-442]. 6. Consider for passage on second and final reading ORDINANCE 16-OZ-47 to zone an area along New Salem Highway to Single-Family Residential Ten (RS-10) District, simultaneous with annexation [2016-441]. 7. Consider for passage on second and final reading ORDINANCE 16-O-57 amending the 2016- 2017 Budget (2nd Amendment). First Readings 8. Consider for passage on first reading ORDINANCE 16-O-56 amending Murfreesboro City Code, Chapter 21-Offenses and Miscellaneous Provisions, creating Section 21-6, Unruly Gatherings. 9. Consider for passage on first reading ORDINANCE 16-O-58 amending the Murfreesboro City Code, Chapter 21-Offenses and Miscellaneous Provisions, Section 21-5.3, and Chapter 28- Streets and Sidewalks, Section 28-9, regarding unlawful solicitations. New Business 10. Consider recommendations of the Parks & Recreation Interim Director: A. Contract for Athletic Lighting. B. Amendment No. 3 to Contract for West Park A & E Services. C. Change Order No. 1 for Jordan Farm Soccer Practice Facility.  MURFREESBORO CITY COUNCIL AGENDA November 10, 2016 (Continued) 11. Consider recommendations of the Assistant City Engineer: Estates of Primm Springs – Satinwood Drive Barricade. 12. Consider recommendations of the Assistant City Manager: Contract with Kennan/Calhoun Workshop for Architectural Services on the Public Safety Training Facility. 13. Hear from Purchasing Department Director on Department Update. Board & Commission Appointments 14. A. Linebaugh Library Board: Appoint Jimmy L. Tyson to fill vacancy of Gary Green. B. Community Panel/Taskforce to Study Bike Share Opportunities: Ricky Turner-Park Commission; Kent Syler-Greenway Committee; Brenda Waters or designee-Stones River National Battlefield; AJ Farley-Friends of the Greenway; Josh Stone-MTSU; Barbara Wolke-Rutherford County Chamber of Commerce; Scott Graby or designee-Fountains at Gateway; Angela Jackson or designee-Parks & Recreation Department; and Jim Kerr or designee-Transportation Department. Beer Permits Payment of Statements Other Business from Staff or City Council Adjourn  . . . creating a better quality of life CONSENT AGENDA November 4, 2016 Honorable Mayor and Members of the City Council: Purchase of Water and Sewer and Stormwater Inspector Trucks Background In the Fiscal Year 2016-2017 approved Stormwater and Water & Sewer Budgets, it was approved for (1 each) 4x4 Extended Cab truck purchase for Engineering Inspection and Stormwater under Account 370 – New Equipment-Vehicles. These are to replace 1999 and 2006 existing trucks that have 125,000 plus miles. Currently most all the inspectors have Ford F-150 extended cab trucks. There is enough room in the back seat to keep their construction drawings with them, but also enough space in the back of the truck for the day to day equipment. Per the State of Tennessee vehicle bid the dealer for this particular Ford truck is the Ford of Murfreesboro. Staff would like to move forward with the purchase because the transmission in one of the Water and Sewer Inspector’s truck has completely gone out and we are having to use the spare on a daily basis. Recommendation Staff would like to request approval from City Council for the purchase of the vehicles from the State of Tennessee contract and miscellaneous accessories as listed below. Fiscal Impact The 2016-2017 budget for these vehicle purchases was $26,000 each ($52,000 total), Account 370 New Equipment- Vehicles under rate funded capital. The contract price for each truck is $24,201.28. Miscellaneous Accessories i.e. flashing head lights, bed liners and covers are requested as well in the amount of $3,086.85 total. Total expenditures are in the amount of $51,489.41. Respectfully submitted, Darren W. Gore Director Water and Sewer Department 300 NW Broad Street * P.O. Box 1477 * Murfreesboro, TN 37133-1477 * Office: 615 890 0862 * Fax: 615 896 4259 TTY 615 848 3214 * www.murfreesborotn.gov . . . creating a better quality of life November 10, 2016 Honorable Mayor and Members of City Council: RE: Item I. Fee Increases for Picnic Shelter Reservations Item II. Holiday Pass Specials for Sports Com and Patterson Community Center As items for the Consent Agenda, it is recommended that Council approve fee increases for picnic shelter rentals and approve holiday pass specials for Sports Com and Patterson Community Center. Item I. – Fee Increases for Picnic Shelter Reservations Background Murfreesboro Parks and Recreation Department reserves picnic shelters from March to October every year. During winter months, and any time that a shelter isn’t reserved, it is available to the public at no charge on a “first-come, first-served basis.” Current pricing has been in place since 2005; however, costs for maintenance and custodial services have increased. Additionally, as we transition to online services with new software, current half-day and all-day options are not available options in the new software. Therefore, increases are proposed, as well as the elimination of the all-day discount. Rather than an all-day option with a discount, patrons will be required to reserve two (2) half-day slots when needing a shelter for all day. Fiscal Impact Current Price Proposed Price Small Shelters Free, first-come Free, first-come Medium Shelters $40 half-day $50 half-day $60 all day Large Shelter $110 half-day $120 half day at Barfield Crescent Park $170 all day Proposed pricing reflects a $10 increase on the half-day rentals; however, with the removal of the all-day discounts, reserving two half-day options will result in an all-day increase of $40 for a medium shelter and a $70 increase for the large shelter. Murfreesboro Parks and Recreation Department 697 Veterans Parkway*P.O. Box 748*Murfreesboro, TN 37133-0748 Phone 615 890 5333 * Fax 615 904 6507* 615 849 2689* www.murfreesborotn.gov Consent Agenda Page Two November 10, 2016 Concurrence The Murfreesboro Parks and Recreation Commission, at its November 2, 2016, meeting unanimously approved the fee increases as requested. Recommendation It is recommended that Council approve said fee increases as proposed to become effective January 2, 2017. Item II. – Holiday Pass Specials for Sports Com and Patterson Community Center Background The Murfreesboro Parks and Recreation Department would like to again offer its annual holiday pass specials at Sports Com and Patterson Community Center. If approved by Council, this will be the 10th holiday season for the specials, which are described below: Buy One, Get One Free in December Starting December 12, 2016, MPRD staff would like to offer a Buy One, Get One free sale for Individual Yearly and Monthly Passes at Sports Com and Patterson Park Community Center. The special would end at 5:00 p.m. on December 31, 2016. When purchasing a yearly or monthly pass, the free pass must be a yearly or monthly pass of equal or lesser value. 25% Off All Individual Yearly and Monthly Passes in January During the month of January, MPRD staff would like to offer 25% off its Individual Yearly and Monthly Passes at Sports Com and Patterson Park Community Center. This discount would begin January 3 and end January 31, 2017, at 9:00 p.m. Fiscal Impact Regular prices are as follows: Yearly Monthly Premium $315 adult/$225 youth & senior $35 adult/$25 youth & senior General $225 adult/$135 youth & senior $25 adult/$15 youth & senior Concurrence The 10th Annual Holiday Pass Specials for Sports Com and Patterson Park Community Center were unanimously approved by the Murfreesboro Parks and Recreation Commission at its November 2, 2016, meeting. Consent Agenda Continued Page Three November 10, 2016 Recommendation I respectfully request Council’s approval of the Holiday Specials as described herein for Sports Com and Patterson Community Center. Respectfully, Angela Jackson, CPRP MPRD Interim Director  “creating a better quality of life” Human Resources Department GLEN GODWIN, SPHR- SCP, IPMA-SCP 111 West Vine Street HUMAN RESOURCES DIRECTOR P.O. Box 1139 Murfreesboro, TN 37133-1139 Phone 615-848-2553 FAX 615-904-6506 E-mail: ggodwin@murfreesborotn.gov CONSENT AGENDA November 10, 2016 Honorable Mayor Shane McFarland and Members of the Murfreesboro City Council Background Staff has identified a necessary update to Section 5003 of the City of Murfreesboro Employee Handbook pertaining to Compensation and Classification. Specifically, while the City Manager and City Council have authority to adjust employee compensation as referenced by section (a)(5) of the current policy; “Salary adjustments may be made on an annual basis simultaneous with and as part of the adoption of the City budget. They may also be made during the course of the fiscal year with or without a budget amendment”, current policy does not provide context for making salary adjustments as a result of making salary adjustments when there is a departmental, demonstrated need to make such an adjustment for employee retention difficulty, i.e. for a “market adjustment”. Human Resources has worked with Departments and utilized EH 5003 for purposes of applying experience credit for hiring new employees, salary reclassifications and for promotional purposes in conjunction with the June 2015 Classification and Compensation study implementation conducted by the Management Advisory Group (MAG). As Council may recall, such adoption of recommended policies from the 2015 implementation were included in EH 5003, set forth in August of 2015. Market adjustments are a unique and separate salary action from salary actions already included in the current handbook policy. Such market adjustments are typically utilized by other peer and competitor agencies and organizations that serve as indicators of classification and compensation trends in the marketplace for which the City competes for talent. Page 1 P.2 Consent Agenda EH 5003 revision Financial Impact There is no immediate financial impact with this recommendation. Should recommendations for market adjustments be made by Department heads in the future with regard to this policy revision, such adjustments will be recommended to the City Manager with regard to the respective departmental fiscal budget. Action Required It is recommended that City Council approve this request to revise Employee Handbook Section 5003 to include subsection (i) market adjustments. The City Manager joins in making this recommendation for your approval. A copy of both the existing handbook policy and the recommended policy change is included in this communication for your further consideration. Respectfully submitted, Glen Godwin, SHRM-SCP, IPMA-CP Human Resources Director Attachments: Employee Handbook Section 5003-Current Employee Handbook Section 5003-Proposed Page 2 Engineering and Architectural Preliminary Activities  Demolition planning  Evaluation of LEED  Energy model  Structural grid  Plumbing  Technology  9-1-1  Emergency Power  Specialty systems Schematic Design  Conceptual design  Documents  Coordination of various systems  Presentation drawings and boards Design Development  Refinement of the design and finishes  Documents Furniture Design and Documentation  Inventory of existing  Project management Construction Documents  Prepare documents  Bidding and negotiation  Construction Administration Fiscal Impact The increase totals $217,000 for the additional schedule increased scope, associated meetings, revisions and reviews. Kennon Calhoun’s fees represent approximately 4.2 percent of the overall construction contract. The contract is funded by the 2014 and 2016 bonds. Recommendation It is recommended by Staff that City Council approve the amendment a contract between Kennon | Calhoun Workshop and the City of Murfreesboro for professional services to relocate Police Headquarters to 1004 North Highland Avenue. Robert J. Lyons City Manager C: Chief Karl Durr Deputy Chief Mike Bowen Assistant Chief Eric Cook Lieutenant Mike Taylor  ORDINANCE 16-OZ-44 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 1.2 acres along East Clark Boulevard from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Cottages on Clark); Blue Sky Construction, applicant [2016-440]. 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 be zoned and approved as Planned Residential Development (PRD) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts, the plans and specifications filed by the applicant, and any additional conditions and stipulations referenced in the minutes of the Planning Commission and City Council relating to this zoning request. 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 second and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\44 - 16-oz-44.doc 9/27/2016 10:55:07 AM #1  SI NK IN G Area Rezoned from EV E NT I Ê RS-15 to PRD E RM-16 CR DE EK DR RS-15 PCD E CLARK BL VD RM-16 H IL L S ID E C T RM-16 DU EY DL E MCKNIG ST HT DR OG-R RD Ordinance 16-OZ-44 CM-R  ORDINANCE 16-OZ-45 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 17.2 acres along Barfield Road as Residential Zero Lot-Line (RZ) District simultaneous with annexation; Ted Petty, applicant. [2016-436] 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 Residential Zero Lot-Line (RZ) 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 second and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\45 - 16-oz-45.doc 9/27/2016 3:29:28 PM #1 Ê LEWS CT 99 WARRIOR Y £ ¤ DR HW E M S AL W NE Area Zoned RZ Annexed V IE W OW F WINS L CT ST CL SRIV M CT ON IF E DL ID R O E E RK BA F RK STO RF NE I ELD RD S RI Murfreesboro VE City Limits R FO Ordinance 16-OZ-45  ORDINANCE 16-OZ-46 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 34.1 acres along Old Salem Road as Commercial Fringe (CF) District simultaneous with annexation and rezoning of approximately 17.6 acres from General Office (OG) District to Commercial Fringe (CF) District; Rucker Donnell Foundation, applicant. [2016-442] 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, 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 second and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\46 - 16-oz-46.doc 9/28/2016 8:35:34 AM #1  Ê CALHOUN L CT EL S HA R DR D ET ON D L M ID AVE Area UE Zoned CF AQ NT MO RD EL M AD C T LE C IT Area SA D Area to be Zoned RS-15 PL Zoned RS-15 OL ALL SAINTS SL IDELL CT BAYOU CT OG CH E O VER A Area LL CREE K RD HW Y Rezoned from OG to CF SA LE RS-15 PUSHER M PL NE W 99 OG Murfreesboro £ ¤ City Limits RM-16 RS-15 Ordinance 16-OZ-46  ORDINANCE 16-OZ-47 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 109.5 acres along New Salem Highway as Single-Family Residential Ten (RS-10) District simultaneous with annexation; Rucker Donnell Foundation, applicant. [2016-441] 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 Single-Family Residential Ten (RS-10) 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 second and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\47 - 16-oz-47.doc 9/28/2016 8:38:01 AM #1 Ê E OVERA BAYOU CT LL CREE K RD PUSHER Murfreesboro PL DR KESHA HW Y City Limits SA LE M NE W Area Zoned RS-10 Clearidge Dr 99 £ ¤ CR O DR DALTON GALIL E T IR C Ordinance 16-OZ-47 D DR A AD H OO T LINGARD C HN JO  ORDINANCE 16-O-57 amending the 2016-2017 Budget (2nd amendment). WHEREAS, the City Council adopted the 2016-2017 Budget by motion; and, WHEREAS, the City Council adopted an appropriations ordinance, Ordinance 16- O-24, on June 24, 2016 to implement the 2016-2017 Budget; and, WHEREAS, it is now desirable and appropriate to adjust and modify the 2016- 2017 Budget by this Ordinance to incorporate expenditure decisions made during the 2016-2017 fiscal year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The 2016-2017 Budget adopted by the City Council is hereby revised and amended as shown on Exhibit A, attached hereto. SECTION 2. That this Ordinance take effect immediately upon and after its passage upon second and final reading, as an emergency Ordinance, an emergency existing, and it being imperative to provide for the necessary expenses, general and special, of said City of Murfreesboro for the Fiscal Year 2016-2017 at the earliest practicable time, the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\57 - 16-o-57 fy17 budget amendment, 2nd.doc 10/27/2016 10:00:47 AM #1  ORDINANCE 16-O-56 amending Murfreesboro City Code, Chapter 21— Offenses and Miscellaneous Provisions, creating Section 21-6, Unruly Gatherings. WHEREAS, the City Council of the City of Murfreesboro finds that large gatherings where one or more persons are acting irresponsibly frequently become loud, unruly, unsafe, and adversely impact the quality of life of many neighborhoods throughout the City; WHEREAS, it is determined that such unruly gatherings are detrimental to the public health, safety, and welfare, and are contrary to the public interest. WHEREAS, the City desires to protect the public against the potential negative health, safety, and welfare impacts associated with loud and unruly gatherings; WHEREAS, the City Council desires to set off a portion of the cost that is incurred by the public as a result from repeated occurrences of large gatherings that negatively impact the community and further desires to enhance the ability of enforcement officers to abate and deter such disturbances; WHEREAS, in order to control unnecessary disturbances caused by such unruly gatherings, it is declared to be the policy of the city to prohibit unruly gatherings that create a substantial disturbance of the quiet enjoyment of private or public property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 21-6, Unruly Gatherings, of the Murfreesboro City Code is hereby created as follows: SECTION 21-6 UNRULY GATHERINGS. (A) Definitions. As used in this section, the following words are defined as follows: Child has the same meaning as the word is defined by T.C.A. § 37-1-102. Encouraging Delinquent Acts by a Child means to solicit, aid, abet, or cause a child to violate a federal, state, county, or municipal law; do an act which endangers the health, safety, or welfare of the minor or of another person; or, run or conceal themselves from a person or institution having lawful custody of the child. Host means, when used as a verb, to organize, invite, receive persons to a social gathering on property of which one has control as owner, lessee, tenant or licensee; and means, when used as a noun, a person who undertakes to accommodate a gathering that is or becomes an Unruly Gathering. Menacing means communications by word or conduct that the person intends to place another person in fear of imminent serious physical injury. Offenses Against Persons means any offense contained with Tennessee Code Annotated, Title 39, Chapter 13. Offenses Against Property means any offense contained with Tennessee Code Annotated, Title 39, Chapter 14. Offense Against Public Health, Safety and Welfare means any offense contained with Tennessee Code Annotated, Title 39, Chapter 17. mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\56 - 16-o-56.doc 10/26/2016 8:55:07 AM #1 Organize means to encourage or assist in encouraging attendance at a gather that is or becomes an Unruly Gathering by any means of communications. Organizer means a person who undertakes to organize a gathering that is or becomes an Unruly Gathering. Owner means the person or entity listed as the owner in the Rutherford County property tax records, including multiple owners. Property means (i) any dwelling unit or group of dwelling units at a single street number address, including but not limited to a house, duplex, triplex, apartment(s), condominium(s) or other structure(s) with one or more dwelling units, hotel, or motel room(s); (ii) a hall, meeting room, community room, common area, pool, pool house, or other structure that serves as a gathering place; (iii) any private real property adjacent to, and under the same ownership as, the location of a structure described in this section; and (iv) any public right-of-way or public property adjacent to the location of the property otherwise defined in this section. Response costs means the costs associated with responses by law enforcement, fire and other emergency response providers to Unruly Gatherings, including but not limited to: (a) Salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with Unruly Gatherings, and the administrative costs attributable to such response(s); (b) The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured while responding to, remaining at or leaving the scene of an Unruly Gathering; and (c) The cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of an Unruly Gathering and an allocation of the cost of normal maintenance of such equipment. Unruly gathering means a party or gathering where alcohol is served or consumed, where there is a sufficient number of attendees that an officer reasonable believes the host cannot directly control behavior of attendees, and one or more of the following behaviors occur on the property where the gathering takes place or on adjacent property: (a) Any violation of state or federal, state, or municipal laws relating to the sale, service, possession or consumption of alcohol; (b) Any Offense Against Persons; (c) Offenses Against Property (d) Offense Against Public Health, Safety and Welfare (e) Menacing; (f) Noise disturbances; (g) Public urination or defecation; (h) Littering; (i) Encouraging Delinquent Acts by a Child; or (j) Unlawful use or explosion of fireworks (B) Unruly Gatherings Prohibited. No person shall organize or host an Unruly Gathering if the person knows or reasonably should know that a gather of people is or could become an Unruly Gathering. (C) Administrative Civil Penalty. (1) First Violation. (a) A person who violates this Section in addition to but separate from any criminal penalties and for remedial purposes only, shall be subject to a penalty of $250 as an administrative civil penalty for the purposes of partially setting off the response costs incurred by the City for responding to the Unruly Gathering. mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\56 - 16-o-56.doc 10/26/2016 8:55:07 AM #2  (b) After an Unruly Gathering occurs on a property, City staff will notify the owner of the property, which will include a copy of this ordinance and a description of the owner’s potential liability for response costs under Section (C)(2). (2) Second Violations. (a) If a person is cited for violation of this Section a second time within a twelve-month period, that person shall be subject to an additional penalty of $500 as an administrative civil penalty for the purposes of partially setting off the enhanced response costs due to repeated Unruly Gatherings. (b) If an Unruly Gathering occurs at the same property for a second time within a twelve-month period after notice is provided the owner under Section (C)(1)(b), the owner of the property shall be subject to an additional penalty of $500 as an administrative civil penalty for the purposes of partially setting off the enhanced response costs due to repeated Unruly Gatherings. It is the intent that exculpation of the property owner by a tenant for this penalty is prohibited by T.C.A. 68- 28-203. (3) If a child receives a citation for an Unruly Gathering or is the owner of the property and that child, but for the child’s age, would be responsible for payment of the penalty imposed by this Section the person’s parent(s) or legal guardian(s) are responsible for the administrative civil penalty. (4) Financial liability under this section is joint and several. (D) Appeals. (1) Organizers or Hosts. It is an affirmative defense to a citation issued for a first violation of Section that the person who organizes or hosts a gathering contacted the police as soon as that gathering becomes an Unruly Gathering, upon a finding that such contact occurred, the penalty may be reduced to $100. (2) Property Owners. (a) If a civil administrative penalty is imposed upon a property owner, the property owner may appeal the determination that a violation occurred or amount of the penalty. Appeals are taken before the City Manager who, when determining to what extent, if any, the owner should be responsible for the penalty or penalties assessed, shall consider evidence of the following actions on the part of the property owner to prevent or abate the nuisance, even if unsuccessful: [1] On the first occurrence of an Unruly Gathering, the owner has issued a written warning to the residents of the dwelling unit where the Unruly Gathering occurred that future violations may result in initiation of eviction proceedings. [2] On the second occurrence of an Unruly Gathering at the same dwelling unit, provided the owner has not imposed upon any tenant the administrative civil penalty assessed against the owner, the owner has issued a written notice that termination of the rental agreement will be initiated for the tenant(s) responsible for any future Unruly Gatherings. [3] On the third occurrence of an Unruly Gathering at the same dwelling unit, the owner has initiated eviction proceedings against the tenant(s) responsible for the Unruly Gathering. [4] Prior to the fourth occurrence of an Unruly Gathering, provided that new tenants replaced those who committed the previous violations, the owner implemented reasonable precautions to deter or prevent any additional Unruly Gatherings. (b) In an appeal by an owner of property where ten or more dwelling units are located, if no more than two of the violations have occurred on the property, the City Manager shall consider, in addition to the factors listed in Section (D)(2)(a), whether the owner implemented other measures to prevent or discourage Unruly Gatherings, including, but not limited to, employing a resident manager, providing a local agent who is accessible to tenants at all times for emergencies, hiring on-site mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\56 - 16-o-56.doc 10/26/2016 8:55:07 AM #3  security, and imposing strict behavioral standards in the rental agreement that are enforceable by termination of the tenancy. SECTION 2. That this Ordinance shall take effect fifteen (15) days after its passage upon second and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\56 - 16-o-56.doc 10/26/2016 8:55:07 AM #4  ORDINANCE 16-O-58 amending the Murfreesboro City Code, Chapter 21—Offenses and Miscellaneous Provisions, Section 21-5.3, and Chapter 28 – Streets and Sidewalks, Section 28-9, regarding unlawful solicitations. WHEREAS, the City Council believes that people have a right to move freely in public areas without being subject to harassment, intimidation, blocked passage, aggressive behavior, battery, and other forms of aggressive solicitation; and, WHEREAS, the City Council finds that the regulation of solicitation is in the best interest of the health, safety and welfare of the citizens of the City of Murfreesboro. WHEREAS, the City of Murfreesboro has a significant governmental interest in providing its citizens, visitors, and tourists with a pleasant, enjoyable, and safe environment free of nuisance activity; and, WHEREAS, the City of Murfreesboro has substantial governmental interests in promoting and protecting tourism, encouraging the expansion of the City's economic base by attracting and maintaining new investments, creating an attractive infrastructure that encourages quality development, and protecting the City's economy; and, WHEREAS, solicitors unaffiliated with a legitimate tax exempt organization often disturb the daily activities that occur at outdoor cafes, shops, restaurants, nightclubs, and entertainment venues, and outdoor events by disrupting business and physically approaching, harassing, or intimidating residents, visitors, and tourists in places where it is difficult to exercise the right to decline to listen to them or avoid their requests; and, WHEREAS, the City Council finds that solicitation in the roadway and from public property adjacent to the roadway causes distraction for drivers and is a safety hazard, and has determined that it is in the public interest to regulate solicitation in or near the roadway for the purpose of protecting the interest of the health, safety and welfare of the citizens; and, WHEREAS, solicitors unaffiliated with a legitimate tax exempt organization also obstruct the sidewalks located within the City, causing safety concerns for pedestrians, motorists and the safety of others; and, WHEREAS, solicitors unaffiliated with a legitimate tax exempt organization threaten the City's lifestyle and economic vitality by disrupting the existence of a pleasant, safe, and enjoyable environment; and, WHEREAS, the City recognizes that certain forms of solicitation are entitled to First Amendment protection and its regulation must be content-neutral and narrowly tailored to serve a significant government interest while leaving open ample alternative channels of communication; and, WHEREAS, the regulations set forth in this Ordinance are content neutral and narrowly tailored to address and curb the problems unique to the subject areas and do not unreasonably interfere with constitutionally protected rights, and there are ample alternative public areas throughout the City where solicitation is permitted; and, WHEREAS, the City Council finds that the passage of this Ordinance regulating solicitation on City-owned property or public areas within the City limits is in the best interest of the health, safety and welfare of the City’s residents, business owners, mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\58 - 16-o-58 unlawful solicitations.doc 10/31/2016 4:13:01 PM #1 visitors, and others, and is necessary for the effective administration and operation of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 21-5.3, Reserved, of the Murfreesboro City Code is hereby amended by inserting a new Section 21-5.3, Unlawful Solicitations, as follows: Section 21-5.3 Unlawful Solicitations. (A) Definitions. Except where the context clearly indicates otherwise, the following terms as used in this chapter shall have the following meanings: “Aggressive manner” means and includes: (1) Intentionally or negligently making any physical contact with or touching another person in the course of a solicitation without the person's consent; (2) Approaching or following a person being solicited in a manner that is intended to or likely to cause a person to fear imminent bodily harm, fear the commission of a criminal act, or intimidate the person being solicited into an affirmative response; (3) Continuing to solicit within 20 feet of the person being solicited after the person has made negative response if that conduct is intended to or likely to cause a person to fear imminent bodily harm, fear the commission of a criminal act, or intimidate the person being solicited into an affirmative response; (4) Intentionally or negligently blocking the safe or free passage of the person being solicited or requiring the person, or the driver of any vehicle, to take evasive action to avoid physical contact with the person making the solicitation or a person stopping in response to a solicitation; (5) Using obscene or abusive language or gestures intended to or likely to cause a person to fear imminent bodily harm, fear the commission of a criminal act, or intimidate the person being solicited into an affirmative response; and/or, (6) Acts authorized as an exercise of a constitutional right to picket or legally protest, shall not constitute obstruction of pedestrian or vehicular traffic. “Solicit” or “solicitation” means any communication that reasonably appears to be a request made directly to another person in a public area for an immediate donation of money or other thing of value, including the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is a donation. As used in this section, solicit and solicitation does not include fundraising by an organization that has obtained from the Internal Revenue Service an exemption from taxation under I.R.C. 501(c). mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\58 - 16-o-58 unlawful solicitations.doc 10/31/2016 4:13:01 PM #2 (B) Aggressive solicitation. It shall be unlawful for any person to solicit in an aggressive manner in any an area to which the public or a substantial group of persons has access, and includes but is not limited to alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, streets open to the general public and the doorways and entrances to buildings and dwellings and the grounds enclosing them. (C) General solicitation restrictions. It shall be unlawful for any person to solicit: (1) After sunset and before sunrise, the time of which shall be those published by the United States Naval Observatory; (2) Within 25 feet of any ATM, business window used for the exchange of cash or credit, or parking lot pay box; (3) Within 25 feet of a sidewalk cafe or outdoor dining area; (4) Within 25 feet of a person standing in line waiting to be admitted to a commercial establishment; (5) In any public transportation vehicle, or within 25 feet of any bus station or stop or any taxi stand; (6) Within 25 feet of any crosswalk or on or within 25 feet of the entrance or exit to any confined pedestrian walkway; (7) Within 25 feet of any entrance or exit of any home at any time or business during hour of the business’ operations without the consent of the owner or person legally in possession of such property; and/or, (8) From any operator or occupant of a motor vehicle, from any person entering or exiting a motor vehicle, from any operator or operator of a motor vehicle that is in traffic on a public street, or from any operator of a motor vehicle in exchange for unrequested service to any vehicle or allowing for or directing the parking of any vehicle not owned or under a right of control of the owner of the parking area. (D) False, misleading, or harmful solicitation. (1) It is unlawful for any person to make a false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to the following: (a) Stating that the donation is needed to meet a specific need, when the person soliciting already has sufficient funds to meet that need and does not disclose that fact; (b) Stating that the donation is needed to meet a need that does not exist; (c) Stating that the person soliciting is from out of town and stranded, or that he or she is homeless when that is not true; (d) Stating the donation is for food but in reality is used for illegal drugs or alcohol; (e) Stating or representing, by use of a uniform or otherwise, that the person soliciting is a member of a military service when the person mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\58 - 16-o-58 unlawful solicitations.doc 10/31/2016 4:13:01 PM #3  soliciting is neither a present nor a former member of a military service; and/or, (r) Stating, representing or displaying an indication that the person soliciting suffers from a mental or physical disability or deformity when the person soliciting does not suffer the disability or deformity indicated. (2) It is unlawful for any person to use or expose minors and animals to hazardous or harmful conditions in order to solicit, including but not limited to exposure to cold, heat, traffic, other animals, weather, or strangers. (E) Severability. (1) Severability is intended throughout and within the provisions of this section. If any section, sentence, clause or phrase of this division is held invalid or unconstitutional by a court of competent jurisdiction, then such judgment shall in no way affect or impair the validity of the remaining portions of this division. (2) This division is not intended to proscribe any demand for payment for services rendered or goods delivered which does not meet the definition of solicitation in this section. (3) This division is not intended to create a result through enforcement that is absurd, impossible or unreasonable. The division, or any part thereof, should be held inapplicable in any such case where its application would be unconstitutional under the United States Constitution or the Constitution of this state. (F) Penalty. Any person who shall violate or fail to comply with any provision of this section shall be guilty of an offense and shall, upon conviction, unless otherwise provided by this section, be punished as provided in Code §1-8. SECTION 2. Section 28-9, Obstructing Streets or Sidewalks Generally, of the Murfreesboro City Code, is hereby amended by designating the existing Section 28-9 as subsection (A) and adding the following subsection (B): (B) Obstruction by Pedestrians. (1) No person shall stand in a roadway for the purpose of soliciting a ride. (2) No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle. (3) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon second and final reading, the public welfare and the welfare of the City requiring it. mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\58 - 16-o-58 unlawful solicitations.doc 10/31/2016 4:13:01 PM #4 Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2016\58 - 16-o-58 unlawful solicitations.doc 10/31/2016 4:13:01 PM #5 . . . creating a better quality of life November 3, 2016 Honorable Mayor and Members of City Council: RE: Item I. Contract for Athletic Lighting Item II. Amendment Number 3 to Contract for West Park A & E Services Item III. Change Order Number 1 for Jordan Farm Soccer Practice Facility As items for the Regular Agenda, it is recommended that Council approve a contract for athletic lighting at Richard Siegel Park and at the Old Fort Tennis Complex, Amendment Number 3 to Contract for West Park Architectural and Engineering (A & E) services, and Change Order Number 1 for Jordan Farm Soccer Practice Facility. Item I. – Contract for Athletic Lighting Background Richard Siegel Park and the Old Fort Tennis Complex are similar in that they are both world- class facilities hosting elite competitions. These two facilities are partially limited to daylight hours. The need for lights has been a topic of discussion for several years. At Richard Siegel Park, the addition of four (4) more lighted fields would greatly enhance the effectiveness of the Murfreesboro Soccer Club in their efforts to expand the sport. In addition, having more lighted fields in the field rotation will certainly help reduce the wear and tear on fields. At the Old Fort Tennis Complex, the addition of eight (8) more lighted courts will definitely help with the fast-growing tennis community. High school and middle school tennis players will no longer be forced to shorten matches due to lighting issues. Both facilities can be attributed to a significant economic impact each year. The addition of more lighted space will allow tournaments and events to expand to increase economic impact greatly. Two bids were received for this proposed lighting project, one from Reynolds Electric in the amount of $970,000, and the other from Knight Electric in the amount of $939,650, being the lower bid. Fiscal Impact The low bid of Knight Electric for the lighting of four (4) additional soccer fields and for eight (8) additional tennis courts is $939,650. These funds have been designated within the City’s capital budget. Murfreesboro Parks and Recreation Department 697 Veterans Parkway * P.O. Box 748 * Murfreesboro, Tennessee 37133-0748 Phone 615 890 5333 * Fax 615 904 6507 * TDD 615 849 2689 * www.murfreesborotn.gov Regular Agenda Page Two November 3, 2016 Concurrence The Murfreesboro Parks and Recreation Commission approved for the lighting project to be contracted with Knight Electric in the amount of $939,650. Recommendation It is recommended that City Council approve the contract with Knight Electric to install athletic lighting at Richard Siegel Park and at the Old Fort Tennis Complex. Item II. – Amendment Number 3 to Contract for West Park A & E Services Background A Request for Qualifications and Request for Proposals (RFP/RFQ) was issued in November of 2012 in order to select a team to provide professional and technical services for the development of a park in the west side of Murfreesboro. Evaluation and scoring of that RFP/RFQ resulted in the selection of Kimley-Horn and Associates, Inc., who teamed with the following firms: Huddleston-Steele Engineering, Inc. Johnson + Bailey Architects P.C. Wiser Company, LLC Griggs & Maloney, Inc. Gregory Peck and Associates Denis Griffiths and Associates, Inc. Site Design Group, Inc. The Murfreesboro City Council approved a contract in 2013 for site selection services. With the recent purchase of the McDonald property, we are now requesting a contract amendment to move forward with park master planning for tasks including a project coordination and meetings, such as a kickoff workshop, focus groups, land-owner meetings, and community meetings. Other tasks will include surveys, base mapping, preliminary concept development, architectural concepts, and a final master plan. Fiscal Impact As detailed in the attached proposed contract, services with Kimley-Horn and Associates are to be compensated on a labor fee plus expense basis. Labor fees will be billed on an hourly basis, and direct reimbursable expenses will be billed at 1.15 times cost. In the City of Murfreesboro Capital Improvement Plan, adequate funding is currently allocated for professional services for the West Park development. Concurrences On April 10, 2013, the Murfreesboro Parks and Recreation Commission (MPRC) unanimously approved the original Engineering Services Contract for a west park, and on July 25, 2013, Murfreesboro City Council approved the contract as well. Amendment Number 3 to the West Park Contract was approved by the MPRC on November 2, 2016, and the City Legal Department has also reviewed and approved said amendment. Regular Agenda Page Three November 3, 2016 Recommendation It is recommended that Council approve Contract Amendment Number 3 with Kimley-Horn and Associates, Inc., for professional services for the development of a park in the western part of Murfreesboro. Attachment Amendment No. 3 to Contract for West Park A & E Services Item III. – Change Order Number 1 for Jordan Farm Soccer Practice Facility Background The Jordan Farm Soccer Practice Facility Phase 1 is currently under construction and includes six full-sized soccer fields, as well as a parking area and entry road from Cherry Lane. Lose and Associates, Inc., has submitted Change Order Number 1 from the project’s contractor, Landscape Services, Inc., for the addition of rye seed to soccer fields and 500 pounds per acre and installation of 12 Rainbird 44NP-1” quick couplers. Additionally, the Phase 1 construction deadline has been extended to December 15, 2016. Plans for construction were based on grass sprigging for late summer; however, delays in construction over the summer will require an additional application of rye grass to protect the fields this winter to allow early practice in 2017. Fiscal Impact The original construction contract with Landscape Services, Inc., for work on the soccer practice fields was in the amount of $1,300,000. The contract sum will be increased by $46,000 with Change Order Number 1 for a total contract amount of $1,346,000 with Landscape Services, Incorporated. Funding for Phase I work will come from the 2015 CIP Plan and from a Council approved reimbursement resolution for A & E Services and construction costs. Concurrences Lose and Associates, Inc., has recommended the work as listed in Change Order Number 1 from Landscape Services, Incorporated. Recommendation City Administration and MPRD staff request approval of Change Order Number 1 from Landscape Services, Inc., in the amount of $46,000, which increases the contract sum from $1,300,000 to $1,346,000. Attachment Change Order Number 1 for Jordan Farm Soccer Practice Facility Respectfully, Angela Jackson, CPRP MPRD Interim Director  . . . creating a better quality of life. Regular Agenda November 10, 2016 Honorable Mayor McFarland and Members of City Council: Staff has one items for your consideration for the November 10, 2016 Council meeting. Estates of Primm Springs – Satinwood Drive Barricade Background On October 3, Murfreesboro Fire and Rescue Department along with Rutherford County EMS was dispatched to 3110 Palomar Drive in Estates of Primm Springs for a medical call. GPS routing equipment in the responding vehicle indicated that Satinwood Drive in Primm Springs off Thompson Lane was the fastest route to the address. Satinwood Drive has been barricaded between Estates of Primm Springs and Primm Springs since August 2015 in accordance with conditions of the zoning plan for Estates of Primm Springs which required 75 percent buildout before allowing traffic to enter Estates of Primm Springs from Satinwood Drive in Primm Springs. Once the barricade was encountered, both emergency vehicles turned around and accessed the address from Sulphur Springs Road adding approximately 3 minutes to the response time. We initially received reports and inquiries from residents in Estates of Primm Springs who witnessed the event and then confirmed the events with the on duty MFRD Shift Captain. Prior to this medical response call, we have received calls, complaints, and inquiries regarding the status of the barricade from residents of both subdivisions as well as service providers such as emergency services, school bus service, and solid waste. In addition, the developer requested a modification to the zoning plan in April 2013 to allow the construction sequencing and street connection to be amended. That request was not approved at Murfreesboro Planning Commission. Following plans to barricade the streets, a notification was sent to many service providers indicating the barricade can be moved for emergency services. However, to prevent abuse of the barricade system, a more substantial barricade was subsequently installed following several events of the barricade being moved for convenience. In addition, we have experienced staffing changes in MFRD due to retirement, promotion, and growth resulting in new personnel being assigned to this area. The barricade remains in place today. In response to this event, staff has reviewed the zoning plan and Zoning Ordinance to determine the status of the condition as well as procedures to modify the condition of the zoning plan. The Estates of Primm Springs included 113 buildable lots and 80 lots or 70.8%, have been created at this time. Building permits have been issued on 72 lots, or 63.7%, through today. A total 85 lots would need to have permits to achieve 75% or more of buildout. The subdivision has been averaging about one permit per month and at that rate about another year before 75% buildout permitting is achieved. However, because of phasing by the developer, a new section must be constructed to have the required number of lots available to achieve 75% buildout. It is our understanding that the developer is not actively pursuing construction on the next section at this time and may be pursuing a transfer to a successor developer to complete the future phases. We have received a request on behalf of the developer to consider a minor deviation for the level of buildout requirement. If we conclude that the request is a minor deviation, the Planning Director has the authority under the Zoning Ordinance to approve the request. The minor deviation to be considered is to modify the condition for connection to Satinwood from 75% buildout to 70% lot creation which the development currently meets. The difference is 13 permits some of which will come from future sections (Section 3, Phases 111 and IV) that are more convenient to Sulphur Springs Road for construction traffic as shown on the attached exhibit. Referring to the attached exhibit, the sections labeled Section3, Phase I (lavender) and Section 3, Phase II (blue) are currently active with residential construction while Section 3, Phase III (yellow) and Section 3, Phase IV (green) have not been approved for construction. Since this street was proposed for a barricade, we requested that the developer reserve a 20 foot portion so that we would not prohibit use of a public street. While the street is physically constructed and connected with curb and gutter and pavement, it is not technically public ROW. If the minor deviation to change the buildout requirements is approved, the developer could remove the barricade and dedicate this ROW within a short time period. Fiscal Impact None Recommendation Staff’s recommendation is to approve the requested minor deviation and direct the developer to remove the barricade and dedicate the reserved 20-foot portion as public ROW. Attachments None Sincerely Sam A. Huddleston, PE Assistant City Engineer  . . . creating a better quality of life. REGULAR AGENDA November 10, 2016 Honorable Mayor and Members of the City Council: RE: Approve Contract with Kennan / Calhoun Workshop for Architectural Services on the Public Safety Training Facility Summary Statement The City is ready to enter a contract for architectural services for the Public Safety Training Facility. Staff is recommending hiring Kennan / Calhoun Workshop and the other necessary engineering and professional disciplines to perform all design and development functions $131,875.00. Background Kennan / Calhoun Workshop has developed a full proposal for providing turnkey architecture, development and construction administration services for the Public Safety Training Facility. After discussion with the architect, staff is recommending approval of only the design and development functions at this time. The City has chosen to use a Construction Manager on the Public Safety Training Facility and would like to review the proposed fees for construction administration with the Construction Manager prior to City Council approval. The services include a space needs assessment, programming of the building floor plans and full schematic design including geotechnical, civil, electrical and mechanical plans. Estimated time to complete this work is 15 weeks. Fiscal Impact The adopted Capital Improvement Plan (CIP) funded $2,500,000 in the most recent bond issue for the Public Safety Training Facility. Recommendation It is recommended that City Council approve a contract with Kennan / Calhoun Workshop for completion of space needs, building programming and schematic design of the Public Safety Training Facility including all sub- specialties (geotech, civil, electrical and mechanical) at a fee of $131,875. Construction administration services are not part of this approval. The City will defer hiring construction administration services until a Construction Manager is engaged in the project and can review the proposals for administration. Sincerely, James H. Crumley Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov kennon | calhoun W O R K S H O P architecture design planning management 20 October 2016 City of Murfreesboro Public Safety Training Campus Scope of Project and Services The following pages outline the scope of services as related to the scope of the project. 700 Melpark | Nashville, Tennessee 37204 p| 615.750.3137 Murfreesboro Public Safety Training Campus Proposal for Professional Services 24 September 2016 Page 2 of 5 Programming Phase WORKSHOP will consult with the City to ascertain the applicable requirements of the facility, including functions of existing and projected personnel, space, furniture, furnishings and equipment, operating procedures, security criteria, and communications and technology criteria. Space Needs Assessment In order to accelerate the early project design schedule, the Space Needs Assessment deliverables be limited to: a building and site spreadsheet and adjacency diagrams. This would allow the design team to immediately proceed with floor plan development. We would also prepare preliminary Room Data Sheets (to allow establishment of a detailed project budget). Programming activities include: Interviews and Meetings Kick off meeting with City, Police and Fire Staff leadership to confirm broad scope and goals. Conduct interviews with key personnel to determine operational functions, priorities, projected growth and other pertinent information required to develop a space layout. Adjacency Diagrams Preliminary diagrams illustrating the following:  Departmental adjacency  Circulation patterns  Relationship of amenity areas  Expansion concepts Space Needs Assessment Based on a review and analysis of the gathered information, provide a spreadsheet space needs, and preliminary Room Data Sheets for the City’s approval.  Number of personnel on site and functional responsibilities  Number and type of training facilities and functional requirements  Special equipment and systems 3 week programming phase after approval to kick off and programming interviews can be scheduled. kennon |calhoun WORKSHOP Murfreesboro Public Safety Training Campus Proposal for Professional Services 24 September 2016 Page 3 of 5 Schematic Design Phases Scope of services as described in the AIA B101 Owner Architect Contract, but in overview they are as follows: Schematic Design Documents will establish the conceptual design of the project illustrating the scale and function relationships of the new facility. Meetings and Presentations Meet with City’s designated representatives to review proposed designs based on previously developed space needs assessment and project goals and budgets. Coordinate with engineers to determine appropriate systems for design  Design goals and concepts  Diagrams illustrating functional relationships and engineering systems  Preliminary plans, elevations, and sections necessary to communicate the design intent Prepare Conceptual Construction Budget and review with City for conformance with overall project budget Documents  Document the scope, relationships, form, size, and appearance as appropriate: o Plans, elevations and sections and three-dimensional sketches o Conceptual interior and exterior material selections (includes lighting) o Conceptual Furniture layouts o Systems narratives outlining building components and systems Coordination of Design with All Disciplines Integrate building systems into the Project design: o Document design intent related to building systems Presentation Drawings / Boards Preparation of presentation boards documenting: o Document Design concepts and selections o Conceptual Budget 5 week schematic design schedule after approval of program and room data sheets, and 2 day on site design workshop to establish concepts for the buildings kennon |calhoun WORKSHOP Murfreesboro Public Safety Training Campus Proposal for Professional Services 24 September 2016 Page 4 of 5 Design Development Phase Scope of services as described in the AIA B101 Owner Architect Contract, but in overview they are as follows: Design Development refines the size and character of the Project, including architectural, structural, mechanical and electrical systems, and materials. The Design Development Documents finalize the Project scope and appearance. During this phase the WORKSHOP will prepare the interior finishes, furniture, fixtures and equipment concepts of the Project, indicating the types and quality of finishes, materials, generic furniture, and other interior features. During this phase Workshop will research, document and provide selections for review and approval by key stakeholders for exterior and interior elements, specialized equipment and features and further refine furniture layouts. WORKSHOP will create a comprehensive finish scheme including color, texture, and functional aspects of materials appropriate for the project.  Select interior building materials for walls, ceilings, floors, and special interior features  Select specialty lighting, plumbing fixtures, and building accessories  Select window treatments Engineering systems will be refined and coordinated in parallel with the architectural systems. Meetings and Presentations  meetings with City’s designated representatives to review developed designs, based on previously reviewed and approved schematic design documents, space program and project goals and budgets, as necessary to complete the design  meetings to review Equipment Selections and Scope, refining which items will be Owner Furnished and which will be specified to be purchased by general contractor  Present proposed interior and exterior materials for review and approval by City’s representatives. Documents  Drawings and Schedules and Outline Specifications describing the design components and systems, covering architectural, engineering, and site work.  Document refined Furniture layouts on architectural drawings and narratives  Document equipment in schedule for review and approval  Document audio-visual, security systems, and technology in documents for review and approval  General Construction and Equipment Budget 7 week design development schedule anticipated after approval of schematic design documents and budgets kennon |calhoun WORKSHOP Murfreesboro Public Safety Training Campus Proposal for Professional Services 24 September 2016 Page 5 of 5 Construction Documents Phase Scope of services as described in the AIA B101 Owner Architect Contract, but in overview they are as follows: Prepare Construction Documents based on approved design for construction. Documents shall include drawings, schedules and specifications as needed to describe the scope of work for general construction. Prepare updated project budget for general construction, furniture and equipment for review and approval of City and for conformance with overall project budget 9 week anticipated schedule after approval of design development documents and budgets Bidding and Negotiation Scope of services as described in the AIA B101 Owner Architect Contract, but in overview they are as follows: The Bidding and Negotiation Phase is the stage in which competitive bids or negotiated proposals are solicited and obtained, and contracts awarded. WORKSHOP will assist the City in obtaining either competitive bids or negotiated proposals and will assist in evaluating and awarding contracts for construction. Preparation of Bidding Materials Coordination of Addenda Bidding Process Assistance Evaluation of Alternates and Substitutions Evaluation of Bids and Contractors Construction Administration Scope of services as described in the AIA B101 Owner Architect Contract, but in overview they are as follows: WORKSHOP will be a representative of and will advise and consult with the City during the project construction phase. WORKSHOP will interpret the intent of the Contract Documents and provide consistent written responses to the City and the Contractor. Prepare and distribute supplemental Drawings and Specification in response to Contractor’s request for information or clarifications Review and approve Contractors’ submittals Participate in progress meetings and site visits to review installation and construction procedures to insure that the Work conforms to the design intent and Contract Documents Conduct walk through and develop a punch list of outstanding construction items to be completed prior to final approval 48 week construction schedule, with 24 onsite construction meetings, and 52 weeks of construction administration services, including 4 weeks of bidding time period. kennon |calhoun WORKSHOP Kennon Calhoun Workshop Professional Services Fees City of Murfreesboro Public Safety Training Campus Professional Team Members % of KCW EE EMC SEC TTL MWL Totals % of fee overall Phase One wks programming 3 $ 15,000 $ - $ - $ 13,500 $ 7,500 $ 36,000 27% schematic design 5 $ 23,000 $ 4,250 $ 4,250 $ 5,250 $ 4,500 $ 41,250 31% design development 7 $ 34,000 $ 6,375 $ 6,375 $ 7,875 $ 54,625 41% SUB TOTAL PHASE ONE $72,000 $10,625 $10,625 $26,625 $7,500 $4,500 $131,875 100% 41% Phase Two wks contract documents 9 $ 53,000 $ 23,375 $ 23,375 $ 15,375 $ 115,125 62% contract adminstration- field 26 $ 12,000 $ - $ - $ - $ 12,000 6% contract adminstration- 52 $ 32,300 $ 8,500 $ 8,500 $ 10,500 $ 59,800 32% SUB TOTAL PHASE TWO $97,300 $31,875 $31,875 $25,875 $0 $0 $186,925 100% 59% TOTAL LUMP SUM FIXED FEES $169,300 $42,500 $42,500 $52,500 $7,500 $4,500 $318,800 100% KCW EE EMC SEC TTL MWL team total % of total fee 26 CA trips 10 CA trips 4 CA trips civil/la geotechnical 20 hours 13500 survey No Digital Copy  . . . creating a better quality of life. November 10, 2016 Members of City Council RE: Recommended Appointment – Linebaugh Library Board As an item for tonight’s Council agenda, I am recommending the appointment of Jimmy L. Tyson to fill the vacancy left by Gary Green as reflected on the attached memo from Director Rita Shacklett. Sincerely, Shane McFarland Mayor Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov  . . . creating a better quality of life. November 10, 2016 Members of City Council: RE: Bike Share Opportunities As an item for tonight’s City Council agenda, I am recommending the establishment of a community panel/taskforce to study bike share opportunities. Please review the following appointments before the next meeting. Ricky Turner – Park Commission Kent Syler – Greenway Committee Brenda Waters or designee – Stones River National Battlefield AJ Farley – Friends of the Greenway Josh Stone – MTSU Barbara Wolke – Rutherford County Chamber of Commerce Scott Graby or designee – Fountains at Gateway Angela Jackson or designee – Parks & Recreation Department Jim Kerr or designee – Transportation Department Sincerely, Shane McFarland Mayor Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov