City Council

MURFREESBORO CITY COUNCIL Regular Meeting Agenda September 27, 2018 7:00 p.m. Council Chambers PRAYER VICE-MAYOR MADELYN SCALES HARRIS PLEDGE OF ALLEGIANCE CEREMONIAL ITEMS Consent Agenda 1. Housing Rehabilitation: 303 Eventide Drive (Community Development). 2. Renewal of Certificate of Compliance for Retail Liquor Store: Laljibhai P. Patel and Rina Patel at Liquor Depot, 2002 E. Main Street (Finance). Old Business 3. ORDINANCE 18-OZ-52: Rezone approximately 17.5 acres located along New Salem Highway and Warrior Drive (P) [2018-423] (Second Reading). 4. ORDINANCE 18-O-53: Amend Murfreesboro City Code, Appendix A-Zoning, Sections 7, 9, 24, 26, 27, 31 and Chart 1 Endnotes pertaining to Responsibilities of Water Resources Board, Development Services Division and Public Works Division [2018-802] (Second Reading). 5. ORDINANCE 18-O-49: Amend Chapter 32-Traffic, Section 32-1312, Parking Zones, to revise the parking limit to two hours (Second Reading). 6. ORDINANCE 18-O-54: Amend 2018-2019 Budget (1st Amendment) (Second Reading). New Business Ordinances 7. ORDINANCE 18-O-55: Amend Chapter 2-Administration, Section 2-76, to increase the Water Resources Board (First Reading) (Administration). Resolutions 8. RESOLUTION 18-R-28: Dissolve Tennis Committee (Parks & Recreation). 9. RESOLUTION 18-R-29: Compensate Council Liaison to the City School Board (Administration). On Motion 10. Enfinity Engineering Agreement for Patterson Natatorium HVAC System Upgrades (Parks & Recreation). Board & Commission Appointments 11. Gateway Commission: Reappoint Mr. Harold Yokley, Mr. Philip Seagraves and Mr. Rick Sain for another 3-year term ending 10/01/2021. Licensing Payment of Statements Other Business Adjournment  COUNCIL COMMUNICATION Meeting Date: 9/27/18 Item Title: Housing Rehabilitation – 303 Eventide Drive Department: Community Development Presented by: John Callow, Community Development Director Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary The homeowner at the subject address has applied for and is eligible for assistance through the City’s Housing Rehabilitation Program. Staff Recommendation Approving the expenditure of $21,795 for the activity and authorize the Mayor to sign the construction contract on behalf of the City. Background Information Invitations to bid were mailed to six contractors on 8/29/2018. Two contractors participated in the required walk-through on 9/11/2018. Two bids were received and opened on 9/18/2018. Charles Eversole Construction $45,395 James I. Brown $21,795 The homeowner has accepted the low bid and is scheduled to meet with the contractor the week of 9/24/2018 to sign the contract. Council Priorities Served Safe and Livable Neighborhoods This activity will correct deficiencies that will make the housing unit safe, sound, and sanitary. Fiscal Impacts There are sufficient funds in the current Community Development Budget.  COUNCIL COMMUNICATION Meeting Date: 9/27/18 Item Title: Certificate of Compliance – Renewal – Retail Liquor Certificate of Compliance - Rina Patel - Laljibhai Patel – Mahi Sagar, Inc. - Beer and Liquor Depot at 2002 E. Mains St. Department: Finance Presented by: Melissa Wright, City Recorder Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary TCA 57-3-208 requires a Retail Liquor Certificate of Compliance to accompany all license applications for retail liquor stores. The certificate must be signed by the Mayor or City Council majority and is renewed every two years. Staff Recommendation The applications for the renewal of the Certificates of Compliance from Rina Patel and Laljibhai P. Patel for the Beer & Liquor Depot at 2002 E. Main St. meets requirements and are recommended to be approved. Background Information If approved these certificates will become a part of the corporation’s application to the Tennessee Alcoholic Beverage Commission for license renewal. Attachments: 1. Request Summary City of Murfreesboro Request for Certificate of Compliance for Retail Liquor Store Summary of information from the application: Owners/Partners/Stockholders/Officers: Name Laljibhai P. Patel Age 69 Home Address 107 Buster St. Residency City/State Smyrna, TN Race/Sex Asian/M 10 Year Background Check Findings: City of Murfreesboro: None Rutherford County: None Nashville/Davidson County: None FBI/TBI: No indication of any record that may preclude the applicant for consideration. Name Rina Patel Age 42 Home Address 107 Buster St. Residency City/State Smyrna, TN Race/Sex Asian/F 10 Year Background Check Findings: City of Murfreesboro: None Rutherford County: None Nashville/Davidson County: None FBI/TBI: No indication of any record that may preclude the applicant for consideration. Name of Business Entity Mahi Sagar Inc. Name of Business Beer and Liquor Depot Business Location 2002 East Main St. Type of Application: New Location Ownership Change Name Change Renewal X Corporation X Partnership Sole Proprietor Application Completed Properly? Yes The actual application is available in the office of the City Recorder.  COUNCIL COMMUNICATION Meeting Date: 9/27/18 Item Title: Rezoning approximately 17.5 acres located along New Salem Highway and Warrior Drive [2018-423] (Second Reading) Department: Planning Presented by: Marina Rush, Principal Planner Requested Council Action: Ordinance ☒ Resolution ☐ Motion ☐ Direction ☐ Information ☐ Summary Rezone approximately 17.5 acres located along New Salem Highway and Warrior Drive. Staff Recommendation Pass and adopt the ordinance on second and final reading establishing the requested zoning. The Planning Commission unanimously recommended approval of the rezoning by a vote of 5-0. Background Information The City of Murfreesboro and Mark Pirtle Gateway, LLC presented to the City a zoning application [2018-423] for approximately 4.5 acres located along New Salem Highway to be rezoned from RS-A Type 1 (Single-Family Residential Attached, Suburban Townhouse District) to P (Park District), and approximately 13 acres to be rezoned from RS-15 (Single Family Residential District) to P. Mark Pirtle Gateway, LLC is donating approximately 13 acres to the City of Murfreesboro, commonly known as Farmers Lake, for a public park. Approval of this request will rezone this parcel and three adjacent parcels developed with the Stones River Greenway to Park (P), consistent with recreational uses. During its regular meeting on August 1, 2018, the Planning Commission conducted a public hearing on this matter. After the public hearing, the Planning Commission discussed the matter and then voted to recommend its approval. On September 20, 2018, Council held a public hearing and approved this matter on First Reading. Attachment: 1. Ordinance No. 18-OZ-52  ORDINANCE 18-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 4.5 acres from Single-Family Attached, Zero-Lot Line (RS-A, Type 1) District to Park (P) District and approximately 13 acres from Single-Family Residential Fifteen (RS-15) District to Park (P) District along New Salem Highway and Warrior Drive; Mark Pirtle Gateway, LLC and City of Murfreesboro, applicants [2018-423]. 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 Park (P) 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 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 Adam F. Tucker City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\52 - 18-oz-52.docx 8/21/2018 8:27:49 AM #1  Ê RD SIE BE A L-I RI V ER WAT C H CT RS-10 R RM-16 Ordinance 18-OZ-52 WARRIOR Y CH HW D EM L SA E W N Area Area Rezoned from Rezoned from RS-15 to P RS-A, Type 1 to P RS-15 CT W VIE SAINT JAM ES ST CL IFF RS-A1  COUNCIL COMMUNICATION Meeting Date: 9/27/18 Item Title: Zoning Ordinance Amendments Pertaining to Responsibilities of Water Resources Board, Development Services Division, and Public Works Division [2018-802] (Second Reading) Department: Planning Presented by: Donald Anthony, AICP, Planning Director Requested Council Action: Ordinance ☒ Resolution ☐ Motion ☐ Direction ☐ Information ☐ Summary Amend the Murfreesboro Zoning Ordinance to reflect recent organizational and nomenclature changes. Staff Recommendation Pass and adopt the ordinance on second and final reading amending the Zoning Ordinance. The Planning Commission unanimously recommended approval of the amendment by a vote of 5-0. Background Information The Planning Department presents this amendment to the Murfreesboro Zoning Ordinance [2018-502], which is intended to reflect recent organizational changes enacted by the Murfreesboro City Council. These changes include the renaming of the Murfreesboro Water and Sewer Department and Board and the creation of the Development Services and Public Works divisions. This proposed Zoning Ordinance revision would affect the nomenclature of City departments and the assignment of certain responsibilities to the new divisions. During its regular meeting on August 1, 2018, the Planning Commission conducted a public hearing on this matter. After the public hearing, the Planning Commission discussed the matter and then voted to recommend its approval. On September 20, 2018, Council held a public hearing and approved this matter on First Reading. Council Priorities Served Excellent Services with a Focus on Customer Service The realignment of City departments into major divisions will allow for increased efficiency in managing projects. Additionally, consolidating project management responsibilities into major divisions will reduce communication gaps and lead to more direct interactions between customers and relevant City staff. Operational Issues These amendments will formalize the creation of the Development Services and Public Works Divisions in the Zoning Ordinance and reassign certain responsibilities to those divisions. Attachments: 1. Ordinance 18-O-53 2  ORDINANCE 18-O-53 amending the Murfreesboro City Code, Appendix A- Zoning, Sections 7, 9, 24, 26, 27, 31 and Chart 1 Endnotes by: (1) globally changing references to the Murfreesboro Water and Sewer Department (MWSD) and Water and Sewer Board, respectively, to the Murfreesboro Water Resources Department (MWRD) and Water Resources Board; (2) changing certain references to the City Engineer to the Development Services Division or Development Services Director; and (3) changing certain references to the City Horticulturalist and Urban Environmental Department to Development Services Division and Public Works Division. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Appendix A – Zoning, of the Murfreesboro City Code, is hereby amended by deleting references to “Water and Sewer Department” and “Water and Sewer Board” and substituting in lieu thereof “Water Resources Department” and “Water Resources Board” respectively. SECTION 2. Appendix A – Zoning, Section 7(E)(2), of the Murfreesboro City Code, is hereby amended: a. at item J(2) of the Planning Commission Site Plan Review Checklist by deleting the phrase “independent review” and substituting in lieu thereof the word “review” and by deleting reference to “Building and Codes Department” and substituting in lieu thereof the phrase “Development Services Division”; b. at item J(3) of the Planning Commission Site Plan Review Checklist by deleting the words “City Engineer” in the second sentence and substituting in lieu thereof the words “Development Services Division” and by deleting the phrase “office of the City Engineer” in the third sentence and substituting in lieu thereof the phrase “Development Services Division”; c. at item J(4) of the Planning Commission Site Plan Review Checklist by deleting the phrase “office of the City Engineer” and substituting in lieu thereof the phrase “Development Services Division”; and d. at item J(8) of the Planning Commission Site Plan Review Checklist by deleting the words “City Engineer” and substituting in lieu thereof the words “Director of the Murfreesboro Water Resources Department.” SECTION 3. Appendix A – Zoning, Section 9(D)(2) of the Murfreesboro City Code, is hereby amended: mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\53 - 18-o-53 - app a, development services division amendments.docx 8/20/2018 2:07:58 PM #1  a. at subsection (qqq)[6] by deleting the words “Zoning Administrator” and substituting in lieu thereof the words “Development Services Division.” b. at subsection (uuu)(2) by deleting the phrase “satisfactory to the City Horticulturalist.” SECTION 4. Appendix A – Zoning, Section 24, Article III, of the Murfreesboro City Code, is hereby amended: a. at subsection (C)(7)(c)[4] by deleting the phrase “City Horticulturalist and”; b. at subsection (D)(1)(c)[4] by deleting the phrase “City Horticulturalist or designee” and substituting in lieu thereof the words “Development Services Division”; c. at subsection (M)(1) of the Gateway Design Overlay Final Design Review Checklist by deleting all references to the “City Engineer” and “office of the City Engineer” and substituting in lieu thereof the words “Development Services Division”; d. at subsection (D)(2)(e) by deleting the phrases “Planning and Engineering Departments” and “Planning and Engineering departments” and substituting in lieu thereof the words “Development Services Division”; e. at subsection (D)(3)(a) by deleting the phrase “Planning, Engineering, Building and Codes [sic] Water and Sewer, Transportation, and Urban Environmental Departments” and substituting in lieu thereof the words “City’s Development Services Division and Public Works Division”; f. at subsection (D)(3)(b) by deleting the words “Planning Department” and substituting in lieu thereof the words “Development Services Division”; g. at subsection (E)(4)(a)[3] by deleting the phrase “approved by the City Horticulturalist”; h. at subsection (F)(3)(a) by deleting the words “City Horticulturalist” and substituting in lieu thereof the words “Development Services Division”; i. at subsection (F)(3)(h) by deleting the words “City Horticulturalist” and substituting in lieu thereof the words “Development Services Division”; j. at subsection (G)(1)(d) by deleting the words “City Horticulturalist” and substituting in lieu thereof the words “Development Services Division”; and mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\53 - 18-o-53 - app a, development services division amendments.docx 8/20/2018 2:07:58 PM #2  k. at subsection (G)(5) by deleting the words “Planning and Engineering Departments” and substituting in lieu thereof the words “Development Services Division.” SECTION 5. Appendix A – Zoning, Section 26, of the Murfreesboro City Code, is hereby amended at subsection (C)(7)(b) by deleting the words “Planning Director in consultation with the City Engineer” and substituting in lieu thereof the words “Development Services Division.” SECTION 6. Appendix A – Zoning, Section 27, of the Murfreesboro City Code, is hereby amended: a. at subsection (D)(42) by deleting the words “Urban Environmental Department” and substituting in lieu thereof the words “Public Works Division”; b. at subsection (E) by deleting the words “Urban Environmental Director” and substituting in lieu thereof the words “Development Services Division”; c. at subsection (H)(1) by deleting the phrase “Urban Environmental Director or designee” and substituting in lieu thereof the words “Development Services Division”; d. at subsection (H)(2) by deleting the phrase “Urban Environmental Director or designee” and substituting in lieu thereof the words “Development Services Division”; e. at subsection (H)(3) by deleting the phrases “Urban Environmental Director, or designee” and “Urban Environmental Director” and substituting in lieu thereof the words “Development Services Division”; f. at subsection (I)(2) by deleting the phrase “, a copy of which is on file with the City Recorder and Urban Environmental Director”; g. at subsection (I)(6) by deleting the words “Urban Environmental Director or designee” and substituting in lieu thereof the words “Public Works Division”; h. at subsection (I)(11) by deleting the words “Urban Environmental Director” and substituting in lieu thereof the words “Public Works Division”; i. at subsection (I)(14) by deleting the words “Urban Environmental Department” and substituting in lieu thereof the words “Development Services Division and the Public Works Division”; mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\53 - 18-o-53 - app a, development services division amendments.docx 8/20/2018 2:07:58 PM #3  j. at (O)(1) by deleting the words “Urban Environmental Director,” and “,or designee” in the fourth sentence; k. at subsection (O)(2) by deleting the phrases “Urban Environmental Director or designee” and “Urban Environmental Department” and substituting in lieu thereof the words “Development Services Division”; l. at subsection (P)(4) by deleting the phrase “the Urban Environmental Director or designee or ”; m. at subsection (Q)(2) by deleting the phrase to “Urban Environmental Director and/or the City Arborist or their designee” and substituting in lieu thereof the words “Development Services Division”; n. at subsection (Q)(9) by deleting the phrase to “Urban Environmental Director or designee” and substituting in lieu thereof the words “Development Services Division”; o. at subsection (Q)(10) by deleting the phrase to “Urban Environmental Director” and substituting in lieu thereof the words “Development Services Division”; p. at subsection (R)(1) and (R)(2) by deleting all references to the “Urban Environmental Department” and substituting in lieu thereof the words “Public Works Division”; q. at subsection (T)(1) by deleting the phrase “as determined by the Urban Environmental Department”; r. at subsection (T)(2) by deleting the period at the end of the first sentence and the words “The Urban Environmental Department,” and substituting the in lieu thereof the phase “, provided that the Development Services Division,”; s. at subsection (U) by deleting the phrase “Urban Environmental Director or designee, by the Planning Director or designee, and by the Building and Codes Official or designee” and substituting in lieu thereof the words “Development Services Division”; and SECTION 7. Appendix A – Zoning, Section 31, of the Murfreesboro City Code, is hereby amended: mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\53 - 18-o-53 - app a, development services division amendments.docx 8/20/2018 2:07:58 PM #4  a. at subsection (E)(1) by deleting the words “Engineering Department” and substituting in lieu thereof the words “City Engineer”; and b. at subsection (E)(3) by deleting the phrase “Planning Department, the Urban Environmental Department,” and substituting in lieu thereof the words “Development Services Division.” SECTION 8. Appendix A – Zoning, Chart 1 Endnotes. Uses Permitted by Zoning District, of the Murfreesboro City Code, is hereby amended at note 16(b) by deleting the reference to “City Horticulturalist” and substituting in lieu thereof “Development Services Division.” SECTION 9. That this Ordinance shall take effect immediately 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 Wright Adam F. Tucker City Recorder Interim City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\53 - 18-o-53 - app a, development services division amendments.docx 8/20/2018 2:07:58 PM #5  ORDINANCE 18-O-49 amending the Murfreesboro City Code, Chapter 32— Traffic, Section 32-1312, Parking zones, to revise the parking limit to two-hours. WHEREAS, on July 19, 2018, City staff recommended changed parking limits around the public square to two-hours and the City Council agreed with this recommendation; and, WHEREAS, the inner circle of the public square is county jurisdiction. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 32-1312, Parking zones, of the Murfreesboro City Code is hereby amended by deleting subsection (A) in its entirety and substituting in lieu thereof the following: “(A) On-street parking spaces in the following zones are hereby subject to a two- hour parking restriction: (1) around the public square excluding the inner circle of the public square; (2) along Church Street between Vine Street and College Street; (3) along Maple Street between College Street and Vine Street; (4) along East Main Street between Spring Street and the Public Square; (5) along West Main Street from Walnut Street to the Public Square; and, (6) along the west side of Walnut Street between Lytle and West College Street.” 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 Adam F. Tucker City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\49 - 18-o-49 - two-hour parking.docx 9/14/2018 8:16:59 AM #1  COUNCIL COMMUNICATION Meeting Date: 9/27/2018 Item Title: Budget Amendment Ordinance 18-O-54 Department: Finance Presented by: Melissa Wright Requested Council Action: Ordinance ☒ Resolution ☐ Motion ☐ Direction ☐ Information ☐ Summary Modification of the 2018-2019 Budget by Ordinance 18-O-54 in order to incorporate expenditure decisions made during the 2018-2019 fiscal year. Staff Recommendation After passing first reading on September 20, 2018, it is recommended that Council approve Ordinance 18-O-54 upon second reading. Background Information Fire The Department of Homeland Security Federal Emergency Management Agency awarded the Fire department their Assistance to Firefighters Grant. This grant funding will be used to purchase capture exhaust systems. Revenues are increasing by $213,331.00 and expenditures are increasing by $213,331.00. Community Development As in prior years, the Community Development budget is being adjusted to align with the actual grant award for the current year, which was not available until after budget adoption, as well as, the final amounts of carryover from the previous years’ grants and adjustment to Program Income. Revenues are increasing by $26,412.76 and expenditures are increasing by $20,412.76. Fiscal Impacts The net effect of these amendments will decrease the Use of Fund Balance (cash) by $6,000.00 Attachments: 1. Ordinance 18-O-54 and Exhibit A  ORDINANCE 18-O-54 amending the 2018-2019 Budget (1st Amendment). WHEREAS, the City Council adopted the 2018-2019 Budget by motion; and, WHEREAS, the City Council adopted an appropriations ordinance, Ordinance 18- O-33, on June 21, 2018 to implement the 2018-2019 Budget; and, WHEREAS, it is now desirable and appropriate to adjust and modify the 2018-2019 Budget by this Ordinance to incorporate expenditure decisions made during the 2018-2019 fiscal year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The 2018-2019 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 2018-2019 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 Adam F. Tucker City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\54 - 18-o-54 - 1st budget amendment 18-19.docx 9/7/2018 7:57:16 AM #1 Exhibit A - Page 1 BUDGET AMENDMENT AS PASSED OR AMENDED INCREASE Department Account PREV AMENDED BUDGET (DECREASE) General Fund Revenues Revenues Fire Department Federal Grants $ - $ 213,331.00 $ 213,331.00 Community Development Community Development Grant $ 899,736.00 $ 916,148.76 $ 16,412.76 Community Development Community Development Program Income $ 50,000.00 $ 60,000.00 $ 10,000.00 $ 239,743.76 Expenditures Expenditures Fire Department Grant Expense $ - $ 213,331.00 $ 213,331.00 Community Development Administration $ 170,147.00 $ 157,956.00 $ (12,191.00) Community Development Acquisition $ 305,000.00 $ 406,000.00 $ 101,000.00 Community Development Housing Rehabilitation $ 217,365.00 $ 198,968.76 $ (18,396.24) Community Development Affordable Housing $ 130,000.00 $ 80,000.00 $ (50,000.00) $ 233,743.76 CHANGE IN FUND BALANCE (CASH) CHANGE IN FUND BALANCE (CASH) $ (5,229,055.00) $ (5,223,055.00) 6,000.00  COUNCIL COMMUNICATION Meeting Date: 9/27/19 Item Title: Ordinance Modification to Increase the Water Resources Board Department: Administration Presented by: Craig Tindall Requested Council Action: Ordinance ☒ Resolution ☐ Motion ☐ Direction ☐ Information ☐ Summary Ordinance to increase the Water Resources Board by one Council member appointee. Staff Recommendation Approve the ordinance increasing the Water Resources Board. Background Information On September 20, 2018, the Mayor requested that staff research increasing the membership of the Water Resources Board by one Council Member appointed by the Mayor with the consent of Council. The Water Resources Board is established by ordinance, City Code § 2-76. It membership can be change by Council adoption of an ordinance that effectuates this change. Upon adoption of the proposed ordinance, the Board will increase to eight members. As an advisory board, this number of members does not present an issue. Increasing the membership of the Board, however, will enhance it advisory role on complex issues of large utility operations and budgeting. Operational Issues None. Fiscal Impact No impact on the General Fund. Attachments: 1. Ordinance 18-O-55  ORDINANCE 18-O-55 amending the Murfreesboro City Code, Chapter 2— Administration, Section 2-76, Board created; composition; term of office; vacancies; bond; oath, changing the number of Water Resources Board members and adding an additional Council member to the Board. WHEREAS, the Water Resources Board makes recommendations to City Council that significantly affect economic development in the community and the City’s overall budget; and, WHEREAS, the City Council desires to have more involvement in the development of these recommendations before they are considered by the full Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 2-76, Board created; composition; term of office; vacancies; bond; oath, of the Murfreesboro City Code is hereby amended at subsection (A) by changing the number of board members from “seven” to “eight.” SECTION 2. Section 2-76, Board created; composition; term of office; vacancies; bond; oath, of the Murfreesboro City Code is hereby amended at subsection (B) by deleting the last sentence and substituting in lieu thereof the following: “The two other members shall be Council members appointed by the Mayor with approval of the Council whose term shall be coterminous with the member's Council term of office.” 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 Adam F. Tucker City Recorder City Attorney SEAL mjp y:\craig\to council\meetings\9-27-18 council meeting\55 - 18-o-55 re amend city code - wr board members-aft edits.docx 9/24/2018 7:44:44 AM #1  ORDINANCE 18-O-55 amending the Murfreesboro City Code, Chapter 2— Administration, Section 2-76, Board created; composition; term of office; vacancies; bond; oath, changing the number of Water Resources Board members and adding an additional Council member to the Board. WHEREAS, the Water Resources Board makes recommendations to City Council that significantly affect economic development in the community and the City’s overall budget; and, WHEREAS, the City Council desires to have more involvement in the development of these recommendations before they are considered by the full Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 2-76, Board created; composition; term of office; vacancies; bond; oath, of the Murfreesboro City Code is hereby amended at subsection (A) by changing the number of board members from “seven” to “eight.” SECTION 2. Section 2-76, Board created; composition; term of office; vacancies; bond; oath, of the Murfreesboro City Code is hereby amended at subsection (B) by deleting the last sentence and substituting in lieu thereof the following: “The two other members shall be Council members appointed by the Mayor with approval of the Council whose term shall be coterminous with the member's Council term of office.” 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 Adam F. Tucker City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\55 - 18-o-55 re amend city code - wr board members-aft edits.docx 9/24/2018 7:44:44 AM #1  COUNCIL COMMUNICATION Meeting Date: 9/27/18 Item Title: Resolution 18-R-28 Department: Parks and Recreation Presented by: Nate Williams Requested Council Action: Ordinance ☐ Resolution ☒ Motion ☐ Direction ☐ Information ☐ Summary Resolution 18-R-28 to Dissolve Tennis Committee. Staff Recommendation Approve Resolution to Dissolve Tennis Committee. The Tennis Committee approved to be dissolved at its September 20, 2018, meeting. Background Information The City Tennis Committee originated on October 16, 2014, by Resolution 14-R-26. The committee was developed to oversee the indoor tennis facility, Adams Tennis Complex (ATC), at Old Fort Park. The ATC is and has been running successfully since its opening in July of 2015 and does not need the special committee’s attention anymore. Any future ATC matters that need consideration can be directed to the Parks and Recreation Commission. Council Priorities Served Excellent Services with a Focus on Customer Service Operations at the Adams Tennis Facility are running smoothly, and staff will continue to provide the best customer service and make the best efforts possible to communicate with patrons and community stakeholders. Fiscal Impacts None Attachment: Resolution 18-R-28  RESOLUTION 18-R-28 dissolving the Tennis Committee. WHEREAS, a Tennis Committee was created by Council on October 16, 2014 by Resolution 14-R-26 to oversee the new tennis facility, Adams Tennis Complex, at Old Fort Park; and, WHEREAS, the Adams Tennis Complex is now running smoothly and no longer requires exclusive attention by special committee; and, WHEREAS, the Tennis Committee recommended the dissolution of the Tennis Committee and transfer of the oversite of the Adams Tennis Complex to the Parks and Recreation Commission at its meeting on September 20, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The Tennis Committee is hereby dissolved and all its responsibilities and powers shall be designated to the Parks and Recreation Commission. SECTION 2. This Resolution shall be effective immediately, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright Adam F. Tucker City Recorder City Attorney mjp c:\users\mhughes\appdata\local\microsoft\windows\temporary internet files\content.outlook\stjd3u1c\28- 18-r-28 - dissolve tennis committee.docx 9/20/2018 12:17:06 PM #1  RESOLUTION 18-R-28 dissolving the Tennis Committee. WHEREAS, a Tennis Committee was created by Council on October 16, 2014, by Resolution 14-R-26 to oversee the new tennis facility, Adams Tennis Complex, at Old Fort Park; and, WHEREAS, the Adams Tennis Complex is now running smoothly and no longer requires exclusive attention by special committee; and, WHEREAS, the Tennis Committee recommended the dissolution of the Tennis Committee and transfer of the oversite of the Adams Tennis Complex to the Parks and Recreation Commission at its meeting on September 20, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The Tennis Committee is hereby dissolved and all its responsibilities and powers shall be designated to the Parks and Recreation Commission. SECTION 2. This Resolution shall be effective immediately, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright Adam F. Tucker City Recorder City Attorney mjp \\puckett\legal\files\council\resolutions\2018\28- 18-r-28 - dissolve tennis committee.docx 9/20/2018 3:50:06 PM #1  COUNCIL COMMUNICATION Meeting Date: 9/27/19 Item Title: Resolution to Compensate Council Liaison to the City School Board Department: Administration Presented by: Craig Tindall Requested Council Action: Ordinance ☐ Resolution ☒ Motion ☐ Direction ☐ Information ☐ Summary Resolution to established compensation for Council’s liaison to the City School Board. Staff Recommendation Approve the resolution setting compensation for Council Liaison to the City School Board. Background Information On September 20, 2018, the Mayor requested that staff research the method by which the Council’s City School Board Liaison can be compensated for the commitment of time and effort required to serve effectively in this role, which is considerable given the complexity of issues involved and the continued growth of City Schools. Council may resolve to implement this compensation and staff of take the necessary measure to effectuate this change. Operational Issues None. Fiscal Impact The City will pay the compensatory amount, which by ordinance cannot exceed $300 a month, or $3,600 annually. Attachments: 1. Resolution 18-R-29  RESOLUTION 18-R-29 setting compensation for the City Council liaison to Murfreesboro City School Board. WHEREAS, Murfreesboro City Code § 25-1 establishes the Murfreesboro City School Board and allows City Council to appoint a member of Council to serve as a liaison to the School Board; and, WHEREAS, recognizing that service as the liaison to the School Board takes a significant commitment and requires considerable time. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The City Council member appointed to serve as the liaison to the Murfreesboro City School Board shall be compensated by the City at rates commensurate with the compensation of School Board members as set forth in Murfreesboro City Code § 25-2. SECTION 2. This Resolution shall be effective immediately, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright Adam F. Tucker City Recorder City Attorney mjp y:\craig\to council\meetings\9-27-18 council meeting\29 - 18-r-29 re compensation city council liason to mcs.docx 9/24/2018 7:42:44 AM #1  RESOLUTION 18-R-29 setting compensation for the City Council liaison to Murfreesboro City School Board. WHEREAS, Murfreesboro City Code § 25-1 establishes the Murfreesboro City School Board and allows City Council to appoint a member of Council to serve as a liaison to the School Board; and, WHEREAS, recognizing that service as the liaison to the School Board takes a significant commitment and requires considerable time. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The City Council member appointed to serve as the liaison to the Murfreesboro City School Board shall be compensated by the City at rates commensurate with the compensation of School Board members as set forth in Murfreesboro City Code § 25-2. SECTION 2. This Resolution shall be effective immediately, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright Adam F. Tucker City Recorder City Attorney mjp \\puckett\legal\files\council\resolutions\2018\29 - 18-r-29 re compensation city council liason to mcs.docx 9/24/2018 7:42:44 AM #1  COUNCIL COMMUNICATION Meeting Date: 9/27/18 Item Title: Enfinity Engineering Agreement for Patterson Natatorium HVAC System Upgrades Department: Parks and Recreation Presented by: Nate Williams Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary Agreement with Enfinity Engineering for Patterson Natatorium HVAC system upgrades. Staff Recommendation Approve agreement with Enfinity Engineering, subject to Legal approval. Background Information The HVAC system for the Patterson Community Center Natatorium needs to be reengineered. The current system is not functioning properly and is causing ongoing mildew, rust, and humidity issues for the Patterson staff, and patrons are being subjected to the facility’s extreme humidity, with no air circulation. Enfinity Engineering, LLC, proposes to coordinate with Counsilman-Hunsaker (aquatic pool consultants) to integrate a new dehumidification unit and air distribution system into the pool equipment at Patterson. Counsilman-Hunsaker will need to be contracted separately by the owner and will not be under contract with Enfinity Engineering. The scope of services for Enfinity Engineering will include all required mechanical, plumbing, structural, and electrical design work for the new HVAC system. Council Priorities Served Excellent Services with a Focus on Customer Service Patterson staff would like to provide to the public the best facility possible and is confident that the Patterson staff and patrons will be pleased with the new HVAC upgrades in the natatorium. Fiscal Impacts Enfinity Engineering’s lump sum fee for said services is $42,500, which includes construction administration services. Monies for these services are available in the 2014 TML Bonds. Operational Issues The reengineering of the HVAC system for the Patterson natatorium will relieve staff of the ongoing cleaning of mildew in the pool area and pool locker rooms and will help create much-needed air circulation in the natatorium. Attachment: Enfinity Engineering Agreement 2  August 30, 2018 Mr. Nate Williams Murfreesboro Parks and Recreation Dept. 697 Veterans Parkway Murfreesboro, TN 37133 RE: Patterson Park Natatorium Dear Nate: Enfinity Engineering, LLC (EE) is pleased to submit this proposal to you for the services described below. This proposal is based on providing engineering services as described below per the Terms and Conditions attached to this proposal, specifically for this project. Project Scope The project scope is to re-engineer the HVAC system serving the natatorium providing a new dehumidification unit and air distribution. Additionally, we will coordinate with Counsilman- Hunsaker to integrate the new system into the pool equipment. Counsilman-Hunsaker will not be under contract to Enfinity and will need to be contracted separately by the owner. However will coordinate to integrate our system with theirs. Scope of Services All required mechanical, plumbing, structural and electrical design work for the new HVAC system. The design will be in accordance with City of Murfreesboro building codes. Construction Administration services are included in the base fee. Project Fee Our fee for this project is a lump sum of $42,500. Billing We will bill 100% of the fee at the completion of the construction documents. Any additional services fees (hourly basis) will be billed monthly. Hourly Rates Our hourly rates for additional services not included in the fees listed above are as follows: 214 Centerview Drive, Suite 200 • Brentwood, TN 37027 • p 615.377.0093 • f 615.379.2274 Bringing buildings to life. Principal $220/hour Engineer $175/hour Engineer Intern $135/hour Senior Designer $135/hour Contract and Terms This proposal is based on providing engineering services as described in the Scope of Services section of this proposal per the terms and conditions attached. This proposal letter and the attached Terms and Conditions will serve as our agreement for engineering services for this project. I appreciate the opportunity to provide you with this proposal. If you have any questions or need additional information, please do not hesitate to call. Yours Very truly, Andrew F. Bishop, P.E. Principal ____________________________________ __________________ Accepted by: Date  TERMS & CONDITIONS the Project. Reimbursable expenses include, but are not necessarily limited to, the following: (a) expenses of transportation and living when traveling in connection with the Project; long distance calls; overnight mail; telecopies; 1. ACCESS TO THE SITE/JOBSITE SAFETY: and fees paid for testing and/or for securing approval or authorities having jurisdiction over the Project; (b) expenses of printing, reproduction, postage Unless otherwise stated, Enfinity Engineering, LLC, herein referred to as the and handling of drawings and specifications, including duplicate sets at the CONSULTANT, will have access to the site for activities necessary for the completion of each phase of the Project for the CLIENT’s review and performance of the services. The CONSULTANT will take precautions to approval; and (c) expenses related to SUB-CONSULTANTS and specialists minimize damage resulting for these activities, but has not included in the when authorized by the CLIENT. Reimbursable expenses shall be billed as a project fee the cost of restoration of any resulting damage. multiple of 1.0 times the cost incurred by the CONSULTANT. The CONSULTANT has not been retained or compensated to provide design 7. DISPUTES RESOLUTION: and construction observation services relating to the CONTRACTOR’s safety precautions or to means, methods, techniques, sequences or procedures for the All claims, counterclaims, disputes and other matters in question between the CONTRACTOR to perform his work. The CLIENT understands that the parties hereto arising out of or relating to this Agreement or breach thereof CONSULTANT is not responsible, in any way, for the means, methods, shall be presented to non-binding mediation, subject to the parties agreeing to techniques, sequences, supervision, procedures, or scheduling of construction, a mediator. or for jobsite safety, and will not be responsible for any losses or injuries that occur at the Project site. 8. OWNERSHIP OF DOCUMENTS: 2. INDEMNIFICATION It is understood by and between the parties to this Agreement that all drawings, specifications and other work products of the CONSULTANT for The CONSULTANT agrees, to the fullest extent permitted by law, to this Project shall remain the property of the CONSULTANT and are indemnify and hold the Client harmless from any damages, liability or cost instruments of the service for this Project only and shall apply to this (including reasonable attorneys’ fees and costs of defense) to the extent particular Project and any reuse of the instruments of service of the caused by the CONSULTANT’s negligent acts, errors or omissions in the CONSULTANT by the CLIENT for any extensions of the Project or for any performance of professional services under this Agreement and those of his or other project without the written permission of the CONSULTANT shall be at her sub-consultants or anyone for whom the CONSULTANT is legally liable. the CLIENT’s sole risk, and the CLIENT agrees to defend, indemnify and hold harmless the CONSULTANT from all claims, damages and expenses, The Client agrees, to the fullest extent permitted by law, to indemnify and including attorney’s fees, arising out of any unauthorized reuse of the hold the CONSULTANT harmless from any damage, liability or cost CONSULTANT’s instruments of service by the CLIENT or by others acting (including reasonable attorney’s fees and costs of defense) to the extent through or on behalf of the CLIENT. Any reuse or adaption of the caused by the Client’s negligent acts, errors or omissions and those of his or CONSULTANT’s instruments of service on other projects shall entitle the her contractors, subcontractors or consultants or anyone for whom the Client CONSULTANT to additional compensation in an amount to be agreed upon is legally liable, and arising from the project that is the subject of this by the CLIENT and the CONSULTANT. agreement. 9. GOVERNING LAW: The CONSULTANT is not obligated to indemnify the Client in any manner whatsoever for the Client’s own negligence. Unless otherwise specified within this Agreement, this Agreement shall be governed by the law of the State of Tennessee. In the event any provisions of 3. INSURANCE: this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers The CONSULTANT shall secure and endeavor to maintain such insurance as by either party of any provision, term, condition or covenant shall not be will protect the CLIENT from claims of negligence, bodily injury, death, or construed by the other party was a waiver of a subsequent breach of the same property damage that may arise out of the performance of the Consultants’ by the other party. services under this agreement. 10. PAYMENT TO THE CONSULTANT: 4. RISK ALLOCATION/LIMITATION OF LIABILITY: Fees for services shall be as provided in this Agreement. In recognition of the relative risks, rewards and benefits of the Project to both the CLIENT and the CONSULTANT, the risks have been allocated such that Progress payments shall be made in proportion to services rendered and as the CLIENT agrees that, to the fullest extent permitted by law, the indicated within this Agreement and shall be due and owing within thirty days CONSULTANT’s total liability to the CLIENT for any and all injuries, of the CONSULTANT’s submittal of the monthly invoice. Past due amounts claims, losses, expenses, damages, or claim expenses, including attorney’s include a charge of 1% per month for interest from the thirtieth (30th) day. fees, arising out of this Agreement, from any cause or causes, shall not exceed the total amount of the CONSULTANT’s fee or $50,000.00, whichever is If the CLIENT fails to make monthly payments due the CONSULTANT, the greater for any claim arising out of the CONSULTANT’s negligence. CONSULTANT may, after giving seven days written notice to the CLIENT, suspend services under this Agreement and retain all work products 5. TERMINATION OF SERVICES: deliverable to the CLIENT until full payment. The project completion date shall be automatically extended by the number of days services are suspended. This Agreement may be terminated by the CLIENT or by the CONSULTANT upon not less than seven days written notice should the other party fail to No deductions shall be made from the CONSULTANT’s compensation on substantially perform in accordance with the terms of this Agreement through account of penalty, liquidated damages, or other sums withheld from no fault of the party initiating termination. If this Agreement is terminated by payment(s) to CONTRACTORS. the CLIENT, the CONSULTANT shall be paid for services performed to the termination notice date, including reimbursable expenses due plus termination If the Project is delayed or if the CONSULTANT’s services for the Project are expenses. Termination expenses are defined as reimbursable expenses directly delayed or suspended for more than three months for reasons beyond the attributable to termination, plus 15% of the total compensation earned to the CONSULTANT’s control, the CONSULTANT may, after giving seven days time of termination to account for the CONSULTANT’s rescheduling written notice to the CLIENT, terminate this Agreement, and the CLIENT adjustments, reassignment of personnel and related costs incurred due to shall compensate the CONSULTANT in accordance with the termination termination. provision contained in this Agreement. 6. REIMBURSABLE EXPENSES: 11. CLIENT’S RESPONSIBILITIES: Reimbursable expenses include actual expenditures made by the The CLIENT shall designate a person to act with authority on his behalf in CONSULTANT, his employees, or his SUB-CONSULTANTS on behalf of respect to all aspects of the Project, shall examine and respond promptly to CONSULTANT’s submissions, and shall give prompt written notice to the 14. CHANGES IN THE SCOPE OF SERVICES: CONSULTANT whenever he observes or otherwise becomes aware of any defect in or problem with the Project. The CLIENT may request changes in the Scope of Services of the Agreement to be performed hereunder. Such changes, including any increase or decrease in the The CLIENT shall also provide to the CONSULTANT all criteria and full amount of the CONSULTANT’s compensation, which are mutually agreed upon by information as to his requirements for the Project, and shall: and between the CLIENT and the CONSULTANT shall be incorporated into this Agreement by written amendment. Where change to the Scope of services  Guarantee access to and make all provisions for the CONSULTANT to (Additional Services) are to be provided on an hourly basis, we will be reimbursed enter upon public and private properties as necessary to accomplish the at the rate in accordance with the following rate schedule: work; Principal $220/hr  Provide such legal, accounting, independent cost estimating, and Engineer $175/hr insurance counseling services as may be required for the Project. Engineer Intern $135/hr Designer $135/hr  Furnish approvals and permits from all governmental authorities and/or agencies having jurisdiction over the Project; Any changes made to the construction documents by the CLIENT, or by the CLIENT’s representatives, are strictly prohibited without the knowledge and  Provide the CONSULTANT with escorts and means of access to all written consent of the CONSULTANT. The CONSULTANT shall be released from areas of the Project; this being necessary for the orderly progress of the any liability resulting from damages, injuries, and or death resulting from the work, the CONSULTANT shall be entitled to rely upon the efficiency unauthorized alteration of construction documents. and completeness thereof; and 15. EXISTING AND/OR HIDDEN CONDITIONS:  Compensate the CONSULTANT for services rendered under this Agreement and pay all costs incidental to CLIENT furnished items. A condition is hidden if it is concealed by existing finishes or features or if it cannot be investigated by reasonable visual observation. If the 12. EXTENT OF AGREEMENT: CONSULTANT has reason to believe that such a condition may exist, the CONSULTANT will notify the CLIENT who then shall authorize and pay for This Agreement represents the entire and integrated Agreement between the all costs associated with the investigation of such a condition and, if CLIENT and the CONSULTANT and supersedes all prior negotiations, or necessary, all costs necessary to correct said condition. If (1) the CLIENT agreements, either written or oral. This Agreement may be amended only by fails to authorize such investigation or correction after due notification, or (2) written instrument signed by both the CLIENT and the CONSULTANT. the CONSULTANT has no reason to believe that such a condition exists, the CLIENT is responsible for all risks associated with this condition, and the The CONSULTANT intends to render services under the terms of this CONSULTANT shall not be responsible for the existing condition nor any Agreement in accordance with generally accepted professional practices resulting damages to persons or property. Further, the CONSULTANT will consistent with the intended use of the Project and makes no warranty either not be required to execute any document that would result in certifying, expressed or implied. guaranteeing or warranting the existence of conditions whose existence the CONSULTANT cannot reasonably ascertain. Any opinion of construction cost prepared by the CONSULTANT represents his judgement as a design professional and is supplied for the general 16. CONSTRUCTION PHASE SERVICES: guidance of the CLIENT. Since the CONSULTANT has no control over the cost of labor and material, or over competitive bidding or market conditions, The purpose of the Construction Phase site visits will be to “become generally the CONSULTANT does not guarantee the accuracy of such opinions as familiar with the progress and quality of the work for this part of the project compared to CONTRACTOR bids or actual cost to the CLIENT. and to determine, in general, if such work is proceeding in accordance with the Contract Documents. It is understood that, in no way, is the 13. SCOPE OF SERVICES CONSULTANT to provide “supervision” of or be responsible for construction methods, means, or progress. The scope of services for this agreement shall be as outlined in the proposal letter. Unless specifically noted in the proposal letter, we will design domestic It is agreed that the CONSULTANT, during any and all visits to the project water, sewer, storm, drainage, and fire protection systems to a point five (5) site by the CONSULTANT (i) shall not supervise, inspect, insure, warrant, feet outside the building where they will be picked up by the civil discipline, guarantee, and will not be responsible for the means and methods of the along with the site drainage. construction of the project; (ii) shall have no responsibility for safety at the job site; (iii) any and all visits by the CONSULTANT shall not be relied upon If existing municipal utilities require relocation due to the project location, by anyone as accepting the work and (iv) visits by the CONSULTANT shall this work will be considered Additional Services. not relieve Contractor of his responsibilities and obligations under any contract. For that portion of the project requiring automatic fire sprinklers, we will provide full specifications for such and will indicate on our plans the zones 17. STANDARD OF CARE and densities required (based on information on densities provided to us by the Owner’s insurance carrier, where applicable). We understand the In providing services under this Agreement, the CONSULTANT shall sprinkler contractor will provide the fire sprinkler piping layout and the perform in a manner consistent with that degree of care and skill ordinarily hydraulic calculations necessary for state and local approval. exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Our services include the design of a conduit system (including backboxes, backboards, and supply power) for building systems (telephone, communications, paging, CATV, visual security, surveillance cameras, and other low voltage [less than 115-volt nominal] systems), which are to be purchased and installed by the Owner. If the Owner does not choose to purchase these systems directly from vendors, we will prepare drawings and specifications as Additional Services. Our scope of services and fee do not include sales or use taxes, or fees required by regulatory agencies for certificates, plan review, or inspections. These costs, if incurred, will be billed as reimbursable expenses at our cost.  COUNCIL COMMUNICATION Meeting Date: [08/27/18] Item Title: Gateway Commission Reappointments Department: Administration Presented by: Mayor Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Attachments: 1. memo for Mayor McFarland 2.  . . . creating a better quality of life. September 27, 2018 Honorable Mayor and Members of City Council RE: Recommended Reappointment – Gateway Commission Board Reappointment As an item for tonight’s City Council Agenda, I am recommending the following reappointments to the Gateway Commission. Reappointments Mr. Harold Yokley Mr. Philip Seagraves Mr. Rick Sain 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