MURFREESBORO CITY COUNCIL AGENDA May 3, :00 p.m. City Council Chambers

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1 MURFREESBORO CITY COUNCIL AGENDA May 3, :00 p.m. City Council Chambers PRAYER MR. DOUG YOUNG PLEDGE OF ALLEGIANCE 1. Oath of Office administered by Judge Ewing Sellers to newly elected City Council Members. 2. City Council to elect a Vice-Mayor. Consent Agenda 3. A. Consider recommendations of the Water & Sewer Board: a. Proposal for Water & Sewer Department and Stormwater Fund Audits for Year Ending June 30, b. Department of Interior Geological Survey Joint Funding Agreement for West Fork Stones River Stream Monitoring. c. Sodium Chloride Bids. B. Consider recommendations of the Community Development Director: a. Third Program Year Action Plan for b. Emergency Repair Project for Property Located at 163 Lansdan Drive. C. Consider recommendations of the Traffic Engineer with regards to a Memorandum of Understanding (MOU) with Tennessee Department of Transportation for signalization of SR2 (US41) Manchester Highway at Joe B. Jackson Parkway. D. Consider recommendations of the Deputy Fire Chief with regards to bids for the purchase of a water rescue boat. Minutes 4. April 19, Regular Meeting. Third Readings 5. Consider for passage on third and final reading ORDINANCE 12-OZ-07 rezoning an area in GDO-1 along Robert Rose Drive to Planned United Development (PUD) District and remain in GDO-1. Second Readings 6. Consider for passage on second reading ORDINANCE 12-OZ-08 to rezone an area located along Kimbro Road to Residential Single-Family Eight (RS-8) District and Residential Multi- Family Sixteen (RM-16) District. 7. Consider for passage on second reading ORDINANCE 12-OZ-09 to rezone an area located along Warrior Drive to Highway Commercial (CH) District. 8. Consider for passage on second reading ORDINANCE 12-OZ-10 to rezone an area located along South Church Street to Commercial Fringe (CF) District. New Business 9. Consider recommendations of the Water & Sewer Board: A. Engineering Design Services for new Headworks Facility at Sinking Creek Waste Water Treatment Plant Contract 4C. B. Adopt RESOLUTION 12-R-05 regarding financing of the construction of wastewater facilities projects through the State of Tennessee Clean Water State Revolving Loan Program. 10. Consider recommendations of the Chief of Police with regards to quotes for the renovation of the Sergeants Office in the Uniformed Building at 308 S. Church Street. Beer Permits Payment of Statements Board & Commission Appointments Other Business from Staff or City Council Adjourn

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8 CONSENT AGENDA April 27, 2012 Honorable Mayor and Members of the City Council Re: 1. Third Program Year Action Plan for Emergency Repair Project 163 Lansdan Drive 1. Third Program Year Action Plan The U.S. Department of Housing and Urban Development has notified the City that we are entitled to a Community Development Block Grant of $673,050 for the fiscal year beginning July 1, As a condition for receiving that funding, the City must submit a five-year strategic plan and subsequent annual action plans in support of the strategic plan. The Action Plan for which we are asking your approval is the third year plan. We are also requesting that you authorize the Mayor to sign the required certifications and authorize submitting the plan to HUD. The Community Development Department is tasked with preparing the Action Plan, adhering to a Civic Participation Plan which includes conducting two public hearings. These hearings were conducted March 6, 2012, and April 10, Both hearings were conducted at Patterson Park Community Center. Copies of the draft Action Plan have been available to the public for review at the Linebaugh Library main branch, the Myrtle Glanton Lord Branch Library at Patterson Park Community Center, the Community Development Department and on the City website. The City CDBG allocation for FY2012 is $673,050, an increase of $83,706 (+14.2%) from FY2011. The City is estimating that approximately $38,485 will be reprogrammed from FY2011. The City estimates its CDBG-funded loan portfolio will generate approximately $20,000. The Third Year Action Plan is built on a presumption of $731,535 being available to fund the City s CDBG projects. Congress allocated $2.948 billion to FY2012 funding for CDBG, a cut of approximately 11.6 percent. CDBG awards are determined by applying one of two formulae (the formula factors used for Murfreesboro are population, poverty and overcrowded housing), then determining the percentage of the whole to which each entitlement city or urban county is entitled. The increased funding is the result of HUD using poverty and overcrowding numbers from the most recent American Community Survey after a decade of using numbers from the 2000 Census. Community Development 211 Bridge Avenue * P. O. Box 1139 * Murfreesboro, Tennessee * Phone * Fax TDD

9 The Third Program Year Action Plan calls for maintaining support for our two core housing programs owner-occupied housing rehab and down payment/closing cost assistance. We are recommending funding to maintain providing technical assistance to the businesses which have received microenterprise loans from the City, but we are not recommending new funding for the loan fund. We would hope to renew funding for that program at some future date based on funding availability. Our recommendation also includes public service grants to 13 nonprofit agencies and organizations. Revenue CDBG Grants $711,535 FY2011 Grant -$673,050 Carry forward -$ 35,485 CDBG Program Income $20,000 Total Estimated Funding Available $741,535 Expenses Administration $131,229 Housing Rehabilitation $304,707 Affordable Housing $159,875 Economic Development $ 10,000 Property Acquisition $26,000 Public Service $104,724 Total Estimated Expenses $741,535 *Estimate ESG grant award not expected until September Proposed Budget Acquistion 3% Economic Development 1% Public Service 14% Administration 18% Affordable Housing 22% Housing Rehabilitation 42% 2

10 2. Emergency Repair Project 163 Lansdan Drive Background The homeowner at the subject address has applied for and is eligible for assistance through the City s Emergency Repair Program to replace a non-functioning heating and air system. The income for Emergency Repair Program applicants must be 50% or below the area median income. This household s income is 24% of AMI. Following program procedures, the Community Development Department solicited bids on Monday, March 26, 2012, to replace the old HVAC unit with a new, 2-ton, Energy Star-rated system. The specifications were faxed to four contractors. Two replied by the deadline (3 p.m., Thursday, March 29, 2012): James Brown $4, The Tedder Company $5, Fiscal Impact The Fiscal Year Budget allocates $265,517 from the Community Development Block Grant for housing rehabilitation projects. After deducting this project, approximately $11,000 will remain uncommitted in this line item. Recommendation Assistant City Manager Jim Crumley approved our recommendation to accept the low bid from James I. Brown and a Notice to Proceed was issued on March 30, The project has been completed. With this letter we are reporting this project to you. Sincerely, John Callow Community Development Director 3

11 ... creating a better quality of life. FOR CONSENT AGENDA TO: Mayor Tommy Bragg and Members of City Council FROM: Ram Balachandran, P.E., PTOE, City Traffic Engineer DATE: April 30, 2012 The following item is presented for City Council consideration: Memorandum of Understanding Signalization of SR2 (US41) Manchester Highway at Joe B Jackson Pkwy Background The City of Murfreesboro petitioned the Tennessee Department of Transportation (TDOT) to be able to signalize this intersection on March 26, After reviewing our justification and analysis, TDOT agreed that signalization of this intersection is justified and appropriate and, as such, provided the City with an MOU that outlines our responsibility to fund, install, operate, and maintain this traffic signal. Fiscal Impact The estimated cost of construction is $45,000. Funding will be from FY 2012 & 2013 State Street Aid Fund budget under the Traffic Signal line item and performed under our Traffic Signal Maintenance contract. Recommendation I recommend approval of this attached Memorandum of Understanding (MOU) for signalization of SR2 (US41) Manchester Highway and Joe B Jackson Pkwy. Please approve the MOU and authorize the Mayor to execute the agreement. file: Signalization of SR2 (US41) Manchester Highway and Joe B Jackson Pkwy Transportation Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee * Phone * Fax TDD

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14 ... creating a better quality of life May 1, 2012 CONSENT AGENDA Honorable Mayor and Members of City Council: RE: Bid Approval for Water Rescue Boat Item 1 As an item for the consent agenda, it is recommended that City Council approve the bid for a water rescue boat submitted by Rescue ONE Connector Boats. Background The Murfreesboro Fire & Rescue Department (MFRD) received Council s permission to apply for the State Farm Safe Neighbors Grant in September MFRD applied for $14,500 for the purchase of a water rescue boat with trailer. MFRD was awarded the grant in December Bid Process The competitive purchasing process was followed for this item, and an Invitation to Bid was released to the public on April 8, MFRD mailed a bid request to one company. Sealed bids were opened on April 25, Rescue ONE Connector Boats submitted the only bid. The bid was as follows: Name of Bidder Amount of Bid Rescue ONE Connector Boats $14, Fiscal Impact The total cost of the water rescue boat will be $14,720. The remaining $220 will be funded from the Fixed Asset Account 940/967 of the MFRD budget. Recommendation It is recommended that City Council award the only bidder, Rescue ONE Connector Boats in the amount of $14,720. C: Melissa Wright, City Recorder Murfreesboro Fire & Rescue Department 220 NW Broad Street * Murfreesboro, Tennessee * Phone * Fax * TDD

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25 ORDINANCE 12-OZ-07 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 acres in GDO-1 along Robert Rose Drive from Single-Family Residential Fifteen (RS-15) District (approx acres) and General Office (OG) District (approx acres) to Planned Unit Development (PUD) District; Mr. Alan Thompson on behalf of Lifestyle Communities, applicant [ ]. 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 Unit Development (PUD) 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. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: 1 st reading 2 nd reading 3 rd reading ATTEST: Tommy Bragg, Mayor APPROVED AS TO FORM: Melissa B. Wright City Recorder Susan Emery McGannon City Attorney SEAL 1 mjp 3/2/2012 9:22 AM \\Puckett\Legal\Files\Council\Ordinances\2012\07-12-OZ-07.Doc

26 µ HARDING PL Area Rezoned From RS-15 and OG To PUD RS-15 OG CH ROBERT ROSE DR MEDICAL CENTER PKWY

27 ORDINANCE 12-OZ-08 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 acres along Kimbro Road from Planned Unit Development (PUD) District to Single-Family Residential Eight (RS-8) District (approx acres) and Residential Multi- Family Sixteen (RM-16) District (approx. 25 acres); Wilson Bank and Trust, applicant [ ]. 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 Single-Family Residential Eight (RS-8) District and Residential Multi-Family Sixteen (RM-16) 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. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: 1 st reading 2 nd reading 3 rd reading ATTEST: Tommy Bragg, Mayor APPROVED AS TO FORM: Melissa B. Wright City Recorder Susan Emery McGannon City Attorney SEAL 1mjp 3/16/ :59 AM \\Puckett\Legal\Files\Council\Ordinances\2012\08-12-OZ-08.Doc

28 PUD RS-15 VETERANS PKWY µ PRD KIMBRO RD PRD Area Rezoned From PUD to RS-8 PUD RS-15 Area Rezoned From PUD to RM-16 Murfreesboro City Limits

29 ORDINANCE 12-OZ-09 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 acres along Warrior Drive from Planned Commercial Development (PCD) District (approx acres) and Single-Family Residential Fifteen (RS-15) District (approx acres) to Highway Commercial (CH) District; Wendell Atkinson, applicant [ ]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to rezone the territory indicated on the attached map. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be zoned and approved as Highway Commercial (CH) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: 1 st reading 2 nd reading 3 rd reading ATTEST: Tommy Bragg, Mayor APPROVED AS TO FORM: Melissa B. Wright City Recorder Susan Emery McGannon City Attorney SEAL 1mjp 3/16/ :07 AM \\Puckett\Legal\Files\Council\Ordinances\2012\09-12-OZ-09.Doc

30 L-I tu 99 RS-15 CH RAMP RAMP PCD I-24 ESTHER LN H-I µ RUTLEDGE WAY Area Rezoned To Be Rezoned From PCD to CH RM-16 I-24 WARRIOR DR PCD Area Rezoned From RS-15 to CH Area Rezoned From RS-15 to CH RS-15 Riverdale High School L-I IRIS AVE

31 ORDINANCE 12-OZ-10 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 5.3 acres along South Church Street from Planned Commercial Development (PCD) District to Commercial Fringe (CF) District; Ken Knuckles, applicant [ ]. 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 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. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: 1 st reading 2 nd reading 3 rd reading ATTEST: Tommy Bragg, Mayor APPROVED AS TO FORM: Melissa B. Wright City Recorder Susan Emery McGannon City Attorney SEAL 1mjp 4/2/ :43 AM \\Puckett\Legal\Files\Council\Ordinances\2012\10-12-OZ-10.Doc

32 South Church Street CF CF PUD WOLVES TRL CH PCD Area Rezoned From PCD to CF PRD tu 231 CF RUNNYMEADE DR NAVAJO CT µ

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43 RESOLUTION 12-R-05 regarding financing of the construction of wastewater facilities projects through the State of Tennessee Clean Water State Revolving Loan Program. WHEREAS, the City of Murfreesboro ( City ) acting by and through its Water and Sewer Department ( MWSD ) seeks to construct the Southwest Regional Pumping Station, the Southwest Regional Pumping Station Force Main, and the Sinking Creek Primary Screening Headworks Facility ( Projects ) at an estimated total cost of $37 Million Dollars; and, WHEREAS, implementation and construction of these three Projects will continue over at least a two (2) year period; and, WHEREAS, the City and MWSD seek to finance the Projects through the State of Tennessee s Clean Water State Revolving Loan Program as they have past projects; and, WHEREAS, the City of Murfreesboro s current water and sewer rate design and rates are insufficient to retire the Projects debt cost and the State of Tennessee, as a condition for aforementioned Loan(s), requires rates to be sufficient to generate sufficient funds to retire said Projects indebtedness while meeting normal operational expenses, existing obligations and depreciation expense; and, WHEREAS, the City and MWSD have an extensive and well documented record of financial responsibility, stability and transparency, as demonstrated by the fact that indebtedness incurred for MWSD capital expenditures has always been fully and timely repaid by MWSD revenues; and, WHEREAS, the City and MWSD had a professional and independent Cost of Service Study conducted by the firm of Jackson Thornton in 2007 and has and is implementing the recommendations resulting from said study over time; and, WHEREAS, the City and MWSD have had Jackson Thornton perform additional study in regarding the Projects and MWSD s projected revenues, expenditures and rates; and, WHEREAS, the City has annually carefully reviewed the projected revenues, expenses, debt obligations and capital improvement plans of MWSD when developing MWSD s budget and as a result has made rate adjustments to MWSD s rates every year for the past twenty-eight years; and, WHEREAS, the City s MWSD has maintained a Debt Service Ratio of 1.2 or greater for more than twenty (20) years; and, WHEREAS, the City s MWSD has maintained a working capital reserve greater than 100% of the annual operating and maintenance expense for the water and sewer systems for 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: mjp 4/26/2012 9:49 AM \\Puckett\Legal\Files\Council\Resolutions\2012\12-R-05.Doc

44 SECTION 1. The City will continue to annually review MWSD s rate structure, rates, fees and other charges for water, sewer and repurified water services to ensure that revenues are meeting intended program goals and indebtedness obligations and that they are keeping pace with inflation and other cost increases. This annual rate review will be premised upon MWSD s maintaining a minimum debt service coverage ratio of 1.2 or greater. Rate levels and structures will also continue the reduction (begun in July 2008) of the monthly allowance of the cubic feet of water per month on the minimum water bill by 50 cubic feet per year until there is a zero minimum allowance. Rate levels and structures will also be designed to generate the increase in revenue necessary to repay the loans(s) for the Projects after their completion, which Jackson Thornton has estimated to be approximately 6%. Should these projected revenue increases be insufficient to meet the budgeting and debt service coverage goals heretofore described, the City commits to the State that it will make such additional rate structure level changes as will, with expenditure adjustments, be necessary for MWSD to meet or exceed these financial goals and obligations. The City understands that it will have to agree to levy fees, rates or charges and/or to levy ad valorem taxes sufficient to pay the interest and principal on the Loans(s) for the Project(s) when authorizing the execution of the documents relating to the Loan(s). SECTION 2. This Resolution shall be effective immediately upon its passage and adoption, the public welfare and the welfare of the City requiring it. Passed: Tommy Bragg, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright City Recorder Susan Emery McGannon City Attorney mjp 4/26/2012 9:49 AM \\Puckett\Legal\Files\Council\Resolutions\2012\12-R-05.Doc

45 May 1, 2012 Honorable Mayor and Members of City Council: RE: Approval of Low Quote for the Renovation of the Sergeants Office As an item for the regular agenda on the next scheduled meeting, it is the recommendation of the Chief of Police that City Council approve the low quote for the renovation of the Sergeants Office as outlined below in the Recommendation section. Background Purpose: To secure a contractor to perform renovation work to the Sergeants Office located in the Uniformed Building at 308 South Church Street. The renovation work will provide the needed changes to help relieve the overcrowding and provide a more efficient space for the Shift Sergeants to work in while preparing their respective roll calls and counseling of officers assigned to their shift. Scope of Work: A description of work was provided to three (3) different contractors who visited the site and reviewed the areas of the building that required renovation work. Special instruction was emphasized to each of them regarding specific short blocks of time that work would cease while roll calls are in session. The selected contractor will be responsible for any and all building permits through the Building and Codes Department. Selection process All three (3) quotes along with a summary quote sheet (attached) were reviewed for accuracy and evaluated per the description of work. The low quote from The Abbey Group at $9, met all of the requirements needed to accomplish this project.

46 Honorable Mayor and Members of City Council Regular Agenda Request May 1, 2012 Fiscal Impact If approved, the cost of the renovation work will be funded from the Police Department Budget, Line 27 (O&M of Buildings). Recommendation It is recommended that City Council approve the low quote for the renovation of the Sergeants Office located in the Uniformed Building at 308 South Church Street from The Abbey Group at a cost of $9, Attachments 1. Quote Sheet along with respective written quotes 2. Final Layout Respectfully, W. Glenn Chrisman Chief of Police C: Deputy Chief Mike Bowen Assistant Chief Roy Fields 2

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