City Council

MURFREESBORO CITY COUNCIL AGENDA June 13, 2013 7:00 p.m. City Council Chambers PRAYER MR. DOUG YOUNG PLEDGE OF ALLEGIANCE Consent Agenda 1. A. Consider recommendations of the St. Clair Street Senior Center Director: a. Approve GNRC Contract #2014-23. b. Approve United Way of Rutherford & Cannon Counties Contract FY 2014. B. Consider recommendations of the Parks & Recreation Director: a. Lease Agreement with Bradley Nursery School. b. Bids for sound and stage equipment for July 4th Concert. C. Requests to hang banners across East Main Street: a. Murfreesboro Housing Authority: July 16-26, 2013 (National Night Out). b. Murfreesboro Half Marathon: September 23-October 2, 2013. Minutes 2. May 16, 2013 - Regular Meeting. Second Readings 3. Consider for passage on second reading ORDINANCE 13-OZ-22 to rezone an area located at 2315 Joe B. Jackson Parkway [2013-414]. 4. Consider for passage on second reading ORDINANCE 13-OZ-23 rezoning an area located along East Main Street to Highway Commercial (CH) District. 5. Consider for passage on second reading ORDINANCE 13-OZ-24 to rezone an area located along Veterans Parkway and Franklin Road/HWY 96 to Highway Commercial (CH) District, Local Commercial (CL) District, Residential Zero Lot-Line (RZ) District and Residential Multi- Family Sixteen (RM-16) District. 6. Consider for passage on second reading ORDINANCE 13-O-28 amending Chapter 32-Traffic, Section 32-2101, regarding parking violation penalties. 7. Consider for passage on second reading ORDINANCE 13-O-26 the Appropriations Ordinance. 8. Consider for passage on second reading ORDINANCE 13-O-27 the Tax Rate Ordinance. New Business 9. Consider recommendations of the Planning Commission to schedule public hearings: A. Rezone approximately 62.94 acres from Single-Family Residential Fifteen (RS-15) District to Highway Commercial (CH) District and rezone approximately 15.39 acres from Single- Family Residential Fifteen (RS-15) District to Fringe Commercial (CF) District along Memorial Boulevard; Mr. Bricke Murfree, applicant. B. Amend PRD for approximately 12.6 acres located along Memorial Boulevard; Mr. Ross Bradley, applicant. Beer Permits Payment of Statements Board & Commission Appointments Other Business from Staff or City Council Adjourn . . . creating a better quality of life June 7, 2013 Honorable Mayor and Members of City Council: RE: Recommendations for Approval from Parks and Recreation Director A. Lease Agreement between City of Murfreesboro and Bradley Nursery School B. Bid for Sound and Stage Equipment for July 4th Concert As items for the Consent Agenda, it is respectfully requested that City Council approve the lease agreement between the City of Murfreesboro and Bradley Nursery School and the bid for Sound and Stage Equipment for the July 4th concert. Item A: Recommendation for Approval from Parks and Recreation Director Background: Bradley Nursery School has rented space at McFadden Community Center for several years. The attached lease agreement will extend the lease through April 2018. Fiscal Impact: Bradley Nursery School will pay the City of Murfreesboro a monthly rental fee of $250.00. Concurrence: The lease agreement has been reviewed and approved by the Legal Department. Recommendation: I respectfully request approval of the lease agreement between the City of Murfreesboro and Bradley Nursery School, and that Council authorize the Mayor to execute said agree- ment. Item B: Recommendation for Approval from Parks and Recreation Director Background: The City of Murfreesboro hosts the annual July 4th Celebration which includes a concert. Sound and stage equipment is needed in order for the orchestra to perform. An invitation to bid was issued on April 21, 2013. Murfreesboro Parks and Recreation Department 697 Barfield Crescent Park * P.O. Box 748 * Murfreesboro, Tennessee 37133-0748 Phone 615 890 5333 * Fax 615 904 6507 * TDD 615 849 2689 * www.murfreesborotn.gov Fiscal Impact: Two bids were received. They are as follows: Austin Audio Visual $7,660.00 price includes stage covering Concert Production LLC $10,500.00 + $4,000.00 for stage covering There is $12,000.00 budgeted in the 2013-2014 Parks and Recreation budget for this ex- pense. Concurrence: The bid has been reviewed and approved by the Legal Department. Recommendation: Staff recommends that the low bid in the amount of $7,660.00 from Austin Audio Visual be approved, and that Council authorize the Mayor to execute said contract. Respectfully submitted, Lanny Goodwin, CPRP Director Murfreesboro Parks and Recreation Department 697 Barfield Crescent Park * P.O. Box 748 * Murfreesboro, Tennessee 37133-0748 Phone 615 890 5333 * Fax 615 904 6507 * TDD 615 849 2689 * www.murfreesborotn.gov  CONTRACT BETWEEN CITY OF MURFREESBORO AND AUSTIN AUDIO VISUAL DESIGN, INC. FOR RENTAL AND SET UP OF STAGE AND SOUND EQUIPMENT FOR A CONCERT AT MCKNIGHT PARK ON JULY 4TH, 2013 FOR THE MURFREESBORO PARKS AND RECREATION DEPARTMENT This contract is entered into on this ____________________, by and between THE CITY OF MURFREESBORO, a municipal corporation of the State of Tennessee ("City") and AUSTIN AUDIO VISUAL DESIGN, a corporation of the State of Tennessee ("Contractor"). This contract consists of the following documents: • Invitation to Bid (ITB) issued: April 21, 2013 • Bid specifications issued: April 22, 2013 • Contractor’s Bid Response dated: May 6, 2013 • This Contract In the event of conflicting provisions, all documents shall be construed according to the following priorities: • Any properly executed amendment or change order to this contract (most recent with first priority) • This Contract • Invitation to Bid & Bid Specifications • Contractor’s Bid Response 1. Duties and Responsibilities of Contractor. Contractor agrees to provide and City agrees to procure the rental and set up of stage and sound equipment for a concert at McKnight Park on July 4th, 2013, for the Murfreesboro Parks and Recreation Department pursuant to the attached bid specifications and Contractor agrees to provide the services as set forth in the attached Bid Form and Specifications. 2. Term. This contract shall not be effective until approved by the City Council and signed by all required parties. 3. Payment and Delivery. 3.1. Payment will be made by the City after goods and/or services have been received, accepted, and properly invoiced. Invoices must bear the purchase order number. 3.2. Set up may begin no sooner than July 2, 2013. 3.3. Delivered items will not be considered “accepted” until an authorized agent for the City has, by inspection or test of such items, determined that they fully comply with specifications. The City may receive full credit and at no expense to the City, for any item(s) or services received which fail to meet the specifications as stated in the Invitation to Bid. 4. Price. The price for goods and other items and/or services shall be invoiced at the prices and charges fixed by the Contractor as per the attached bid which reflects a total price of $7,660.00. Page 1 of 5 5. Taxes. The City of Murfreesboro is exempt from State sales tax and will issue a tax exemption certificate to the Contractor as requested. City shall not be responsible for any taxes that are imposed on Contractor. Furthermore, Contractor understands that it cannot claim exemption from taxes by virtue of any exemption that is provided to City. 6. Termination—Breach. In the event that any of the provisions of the Contract are violated by the Contractor, the City may serve written notice upon the Contractor of its intention to terminate the Contract, and unless within seventy-two (72) hours after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement for correction be made, the City may immediately terminate the Contract at anytime after said seventy-two (72) hours. Such termination shall not relieve Contractor of any liability to City for damages sustained by virtue of any breach by Contractor. 7. Termination—Funding. Should funding for this contract be discontinued, City shall have the right to terminate the contract immediately upon written notice to Contractor. 8. Termination—Notice. City may terminate this contract at any time upon thirty (30) calendar days written notice to Contractor. In that event, the Contractor shall be entitled to receive just and equitable compensation for any satisfactory authorized work completed as of the termination date. 9. Compliance with Laws. Contractor agrees to comply with any applicable federal, state and local laws and regulations. 10. Notices. 10.1 Notices to City including but not limited to notice of assignment of any rights to money due to Contractor under this contract must be mailed or hand delivered to the attention of City Manager, Post Office Box 1139, 111 West Vine Street, Murfreesboro, Tennessee 37133-1139. 10.2 Notices to Contractor shall be mailed or hand delivered to Contractor, Austin Audio- Visual Design, Inc., 707 West Main Street, Murfreesboro, TN 37129. 11. Maintenance of Records. Contractor shall maintain documentation for all charges against City. The books, records, and documents of Contractor, insofar as they relate to work performed or money received under the contract, shall be maintained for a period of three (3) full years from the date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by City or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles. 12. Modification of Contract. This contract may be modified only by written amendment executed by all parties and their signatories hereto. Depending upon the nature and amount of the amendment, the approval of the City Council may be required. Minor modifications to the contract may be executed by signature of the City Manager in lieu of the City’s signatory hereto. Page 2 of 5 13. Partnership/Joint Venture. Nothing herein shall in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship of principal and agent between or among any of the parties. None of the parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall become liable for any representation, act or omission of any other party contrary to the terms of this paragraph. 14. Waiver. No waiver of any provision of this contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default. 15. Employment. Contractor shall not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, or which is in violation of applicable laws concerning the employment of individuals with disabilities. 16. Non-Discrimination. It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Contractor certifies and warrants it will comply with this policy. 17. Indemnification and Hold Harmless. Contractor shall indemnify and hold harmless City, its officers, agents and employees from: 17.1Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of Contractor, its officers, employees and/or agents, including its sub or independent Contractors, in connection with the performance of the contract, and, 17.2Any claims, damages, penalties, costs and attorney fees arising from any failure of Contractor, its officers, employees and/or agents, including its sub or independent Contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws. 17.3Contractor shall pay City any expenses incurred as a result of Contractor’s failure to fulfill any obligation in a professional and timely manner under this Contract. 18. Attorney Fees. Contractor agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the contract, and in the event City prevails, Contractor shall pay all expenses of such action including City's attorney fees and costs at all stages of the litigation. 19. Assignment—Consent Required. The provisions of this contract shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Except for the rights of money due to Contractor under this contract, neither this contract nor any of the rights and obligations of Contractor hereunder shall be assigned or transferred in whole or in part without the prior written consent of City. Any such assignment or transfer shall not release Contractor from its obligations hereunder. NOTICE OF ASSIGNMENT OF ANY RIGHTS TO MONEY DUE TO CONTRACTOR UNDER THIS CONTRACT MUST BE SENT TO THE ATTENTION OF CITY MANAGER, POST OFFICE BOX 1139, 111 WEST VINE STREET, MURFREESBORO, TENNESSEE 37133-1139. Page 3 of 5 20. Entire Contract. This contract, invitation to bid, bid specifications, and Contractor’s bid response set forth the entire agreement between the parties with respect to the subject matter hereof and shall govern the respective duties and obligations of the parties. 21. Force Majeure. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of war, order of legal authority, act of nature, or other unavoidable causes not attributed to fault or negligence of Contractor and/or City. 22. Governing Law. The validity, construction and effect of this contract and any and all extensions and/or modifications thereof shall be governed by the laws of the State of Tennessee. Tennessee law shall govern regardless of any language in any attachment or other document that the Contractor may provide. 23. Venue. Any action between the parties arising from this agreement shall be maintained in the courts of Rutherford County, Tennessee. 24. Severability. Should any provision of this contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this contract. 25. Notices. Any notice to Contractor from the City relative to any part of the Contract shall be considered delivered and the service thereof completed when said notice is posted by registered mail, to the said Contractor at its last given address or delivered in person to said Contractor or its authorized representative on the work. 25.1 Notices to City shall be sent to: Department: City of Murfreesboro Administration Attention: City Manager Address: Post Office Box 1139 111 West Vine Street Murfreesboro, TN 37133-1139 25.2 Notices to Contractor shall be sent to: Contractor: Austin Audio Visual Design, Inc. Attention: Phillip Austin, President Address: 707 West Main Street Murfreesboro, TN 37129 26. Effective Date. This contract shall not be binding upon the parties until it has been signed first by the Contractor and then approved by the City Council and signed by the Mayor. When it has been so signed, this contract shall be effective as of the date first written above. CITY OF MURFREESBORO AUSTIN AUDIO VISUAL DESIGN, INC. By: By: Tommy Bragg, Mayor Phillip Austin, President Page 4 of 5 Approved as to form: STATE OF _________________ ) : ss COUNTY OF _______________ ) Before me, the undersigned notary public, Susan Emery McGannon, City Attorney personally appeared _____________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be the Kelley Blevins Baker, Staff Attorney ______________, or other officer authorized to execute the foregoing instrument for the purposes therein contained. WITNESS MY HAND and seal this ____ day of ______________, 20___. Notary Public My Commission Expires: Page 5 of 5  ORDINANCE 13-OZ-22 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 6.68 acres at 2315 Joe B. Jackson Parkway from Single-Family Residential Fifteen (RS-15) District to Highway Commercial (CH) District; Ms. Linda Sneed on behalf of Stones River Church, applicant [2013-414]. 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: Tommy Bragg, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp 5/13/2013 9:02 AM \\Puckett\Legal\Files\Council\Ordinances\2013\22 - 13-OZ-22.Doc μ UN CT R SUNRAY D GO L D E N S Area rezoned PRD to CH RI D G E D R CH RS-15 R RIDGE D AURORA CIR RIDGE DR JOE B JACKSON PKWY PID  ORDINANCE 13-OZ-23 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 0.7 acres along East Main Street from Residential Multi-Family Twelve (RM-12) District to Highway Commercial (CH) District; Special Kids, Inc., applicant [2013-415]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to rezone the territory indicated on the attached map. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be zoned and approved as Highway Commercial (CH) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. 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: Tommy Bragg, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL 1 mjp 5/13/2013 10:02 AM \\Puckett\Legal\Files\Council\Ordinances\2013\23 - 13-OZ-23.Doc Ê R IE W D CL CITY V RM-12 RM-16 PRD E MA RM-16 IN S T Area rezoned to CH CH RM-12 T E ST CL AR NE T PCD RM-12 RM-16  ORDINANCE 13-OZ-24 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 2.92 acres from Commercial Fringe (CF) District to Highway Commercial (CH) District, approximately 20.98 acres from Single-Family Residential Fifteen (RS-15) District to Highway Commercial (CH) District, approximately 14.8 acres from Single-Family Residential Fifteen (RS-15) District to Local Commercial (CL) District, approximately 12 acres from Single-Family Residential Fifteen (RS- 15) District to Residential Zero Lot-Line (RZ) District, and approximately 50.9 acres in two tracts from Single-Family Residential Fifteen (RS-15) District to Residential Multi-Family Sixteen (RM-16) District along Veteran Parkway and Franklin Rd./Hwy. 96; Swanson Developments, L.P., applicant [2013- 416]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to 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, Local Commercial (CL) District, Residential Zero Lot-Line (RZ) 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: Tommy Bragg, Mayor st 1 reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL 1mjp 12/26/2012 8:22 AM \\Puckett\Legal\Files\Council\Ordinances\2013\24 - 13-OZ-24.Doc  Area rezoned CH Area Rezoned From CF to CH From RS-15 to CH T BLVD £ ¤96 Franklin Rd OV ER COV E NAN CF AL LC RE EK PUD HILLS DR Area Rezoned From RS-15 HICKORY to RM-16 S PK W Y V E T E R AN RS-15 Area Rezoned From RS-15 to RZ Area Rezoned School Site From RS-15 to RM-16 Area Rezoned From RS-15 to CL MOO R EL AND Ê LN  ORDINANCE 13-O-28 amending the Murfreesboro City Code, Chapter 32—Traffic, Section 32-2101, regarding parking violation penalties. WHEREAS, parking downtown is limited for governmental and professional offices and for commercial stores and restaurants; and, WHEREAS, demand for this limited number of parking spaces in high; and, WHEREAS, parking time limits should result in turnover in parking space utilization and in increasing parking access; and, WHEREAS, parking time limits must be enforced in order to be effective; and, WHEREAS, the cost of parking enforcement should in part be borne by parking limit violators; and, WHEREAS, the City must pay the first two dollars of any parking ticket to the State of Tennessee; and, WHEREAS, the cost of a parking ticket paid within ten days is only two dollars and thus results in no enforcement expense recoupment; and, WHEREAS, a moderate increase in the City’s parking ticket fees should deter parking limit abuse and help offset parking enforcement costs. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 32-2101, Penalty for Improper Parking and Violation of the Parking Limit, of the Murfreesboro City Code is hereby amended at subsection (B) by amending the table to read as follows: Ticket(s) Paid Within Paid After 10 Days Paid After 30 Days Per Day 10 Days & Within 30 Days 1 $ 5.00 $10.00 $25.00 2 $15.00 $25.00 $40.00 3 or more $30.00 $40.00 $50.00 SECTION 2. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Tommy Bragg, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL 1 mjp 6/6/2013 3:03 PM \\Puckett\Legal\Files\Council\Ordinances\2013\28 - 13-O-28.Doc  ORDINANCE 13-O-26 adopting a budget and appropriations ordinance providing for appropriations out of the general and special funds of the City of Murfreesboro, Tennessee, of certain sums to defray the current, necessary and special expenses of said City for the Fiscal Year 2013-2014, and for other purposes. WHEREAS, the Municipal Budget Law of 1982, T.C.A. §6-56-201 et. seq., requires adoption of an annual budget ordinance and balanced financial plans for intragovernmental service funds; and, WHEREAS, information on the anticipated revenues of the City and the estimated expenditures for the last preceding fiscal year, the current fiscal year and the coming fiscal year must be included in the annual budget ordinance; and, WHEREAS, state law requires that the proposed annual operating budget be published and a public hearing be held before final adoption of the budget ordinance; and, WHEREAS, the City Charter also requires publication of a tentative budget and public hearing prior to passage of an appropriation ordinance; and, WHEREAS, the City Manager has, pursuant to the City Charter, submitted to the City Council a budget covering in line item detail, by department and fund, estimates of the expenditures and revenues of the City, which budget shall be revised as necessary to support and be consistent with this budget and appropriations ordinance and other actions of the City Council; and, WHEREAS, the Council has carefully considered the budget as recommended by the City Manager and previously discussed by the City Council, and comments made at the public hearing held on June 6, 2013 and is prepared to adopt its financial plan for Fiscal Year 2013-2014. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That amounts hereinafter listed are the estimated revenues and the budgeted expenditures of the City of Murfreesboro, Tennessee, and the amounts specified are hereby appropriated for the purpose of meeting the expenses of the various departments, agencies, and programs of the City of Murfreesboro, Tennessee for the fiscal year beginning July 1, 2013 and ending June 30, 2014, including the payment of principal of and interest on bonds and other obligations of the City maturing in 2013-2014, for the City’s General Fund and its special and intergovernmental service funds, to wit: PLEASE SEE ATTACHED EXHIBIT A (The FY 2011-2012 and 2012-2013 columns are shown for informational purposes only.) SECTION 2. The Personnel Costs authorized for expenditure in Section 1 are based on the current, previously adopted, compensation and classification plan of the City and the staffing levels hereinafter listed: PLEASE SEE ATTACHED EXHIBIT B 1 mjp 5/31/2013 2:28 PM \\Puckett\Legal\Files\Council\Ordinances\2013\26 - 13-O-26.Doc  SECTION 3. All capital expenditures for which appropriations have been previously made but not yet fully expended are hereby reauthorized to allow completion of previously approved projects. SECTION 4. All unassigned and unencumbered fund balances are hereby reappropriated to their respective funds. SECTION 5. That all payments made before the effective date of this Ordinance, on account of and in pursuance of the appropriations hereinbefore made and provided by this Ordinance in meeting the expenses and obligations of the City for the Fiscal Year 2013-2014, shall be charged against and be deducted from the respective sums appropriated hereinbefore for the respective departments and accounts of the City's government and for the payment of the principal of and interest on obligations of the City to be paid during the Fiscal Year 2013-2014, the intention of this Ordinance in part being to authorize and provide for the payment of the expenses and obligations of the City for that part of the Fiscal Year 2013-2014 that may have already transpired at the taking effect date of this Ordinance as well as for the entire Fiscal Year 2013-2014. SECTION 6. That any appropriation made by this Ordinance, except appropriations to meet the principal of and interest on bonds and other obligations to be paid in the Fiscal Year 2013-2014 as hereinbefore provided for, shall be subject to reduction, or to the transfer from one appropriation or fund to another, at any time by a resolution of the City Council as to the unexpended portion of such appropriation or funds. SECTION 7. That this Ordinance take effect immediately upon and after its passage upon third 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 2013-2014 at the earliest practicable time, the welfare of the City requiring it. Passed: Tommy Bragg, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL 2 mjp 5/31/2013 2:28 PM \\Puckett\Legal\Files\Council\Ordinances\2013\26 - 13-O-26.Doc EXHIBIT A City of Murfreesboro 2013-2014 Actual Estimated Proposed 2011-2012 2012-2013 2013-2014 GENERAL FUND: REVENUES Local Taxes $77,227,884 $78,233,588 $79,465,758 State of Tennessee 10,944,576 11,185,306 11,445,215 Federal Government 2,398,520 2,812,019 4,603,649 Other Sources 13,291,119 12,793,244 13,252,770 Reimbursements from Other Funds 1,323,916 1,413,640 1,648,036 Transfers In 2,826,981 2,871,000 2,950,323 Total Revenue & Transfers In $108,012,996 $109,308,797 $113,365,751 EXPENDITURES Personnel Costs $51,799,282 $54,427,867 $56,867,852 Other Costs: General Administrative 1,820,872 2,236,634 2,372,981 Information Technology 202,443 420,350 705,250 Communications 259,066 152,031 196,403 Legal 84,029 72,980 72,900 Human Resources 117,559 164,970 243,540 Judicial 286,494 78,275 78,175 Police 5,173,070 4,865,407 4,766,807 Fire 1,331,165 1,442,387 1,485,291 Building and Codes 115,752 118,919 156,594 Planning and Engineering 229,745 289,100 294,800 Transportation 1,011,893 1,971,711 1,651,055 Engineering - - 2,821,441 Street 2,940,934 2,495,940 - Urban Environmental 211,438 219,004 254,950 Civic Plaza 41,841 63,452 31,945 Parking Garage 110,735 118,170 184,487 Recreation 2,668,825 3,379,853 5,907,127 Senior Citizens 249,056 327,591 333,621 Golf - Old Fort 887,539 697,731 727,845 Golf - VA 70,555 44,122 48,903 Golf - Short Course - 92,500 20,843 Solid Waste 1,567,501 1,987,808 2,125,957 Public Health 1,602,842 1,737,701 2,135,939 Departmental Transfers 29,589,318 30,832,323 31,957,366 Miscellaneous 1,334,488 2,326,379 2,778,487 Total Expenditures & Transfers Out $103,706,442 $110,563,205 $118,220,559 Beginning Fund Balance $48,451,934 $52,758,488 $51,504,080 Ending Fund Balance $52,758,488 $51,504,080 $46,649,272 DEBT SERVICE FUND: REVENUES Other Sources $3,578 Transfers In 26,320,148 $29,333,152 $28,271,821 Total Revenue & Transfers In $26,323,726 $29,333,152 $28,271,821 EXPENDITURES Other Costs $24,363,553 $26,364,702 $27,811,600 Transfers Out 2,729,612 2,968,450 3,460,221 Total Expenditures & Transfers Ou $27,093,165 $29,333,152 $31,271,821 Beginning Fund Balance $4,799,289 $4,029,850 $4,029,850 Ending Fund Balance $4,029,850 $4,029,850 $1,029,850 STATE STREET AID FUND: REVENUES State of Tennessee $2,820,084 $2,800,000 $2,800,000 Other Sources 753 350 350 Total Revenue $2,820,837 $2,800,350 $2,800,350 EXPENDITURES Other Costs $3,314,108 $2,794,500 $2,800,350 Total Expenditures $3,314,108 $2,794,500 $2,800,350 Beginning Fund Balance $1,583,145 $1,089,874 $1,095,724 Ending Fund Balance $1,089,874 $1,095,724 $1,095,724 AIRPORT IMPROVEMENT FUND: REVENUES State of Tennessee $27,239 $125,675 $340,750 Federal Government 69,769 92,594 4,360,800 Other Sources 1,490,917 1,518,848 1,387,751 Total Revenue $1,587,925 $1,737,117 $6,089,301 EXPENDITURES Personnel Costs $181,292 $179,287 $199,932 Other Costs 1,157,912 1,391,116 5,674,990 Transfers Out 190,725 241,250 245,362 Total Expenditures & Transfers Ou $1,529,929 $1,811,653 $6,120,284 Beginning Fund Balance $351,686 $409,682 $335,146 Ending Fund Balance $409,682 $335,146 $304,163 DRUG FUND: REVENUES Other Sources $192,189 $189,750 $171,600 Transfers In 87,372 78,500 80,000 Total Revenue & Transfers In $279,561 $268,250 $251,600 EXPENDITURES Other Costs $191,859 $434,150 $293,650 Total Expenditures $191,859 $434,150 $293,650 Beginning Fund Balance $288,780 $376,482 $210,582 Ending Fund Balance $376,482 $210,582 $168,532 INSURANCE FUND: REVENUES Other Sources $13,118,344 $11,436,840 $13,176,680 Total Revenue $13,118,344 $11,436,840 $13,176,680 EXPENDITURES Other Costs $12,666,259 $12,526,525 $13,421,405 Total Expenditures $12,666,259 $12,526,525 $13,421,405 Beginning Fund Balance $2,543,911 $2,995,996 $1,906,311 Ending Fund Balance $2,995,996 $1,906,311 $1,661,586 RISK MANAGEMENT FUND: REVENUES Other Sources $3,242,647 $4,049,640 $3,905,049 Total Revenues $3,242,647 $4,049,640 $3,905,049 EXPENDITURES Personnel Costs Other Costs 5,489,739 4,049,640 3,905,049 Total Expenditures $5,489,739 $4,049,640 $3,905,049 Beginning Fund Balance $3,665,441 $1,418,349 $1,418,349 Ending Fund Balance $1,418,349 $1,418,349 $1,418,349 FLEET SERVICES FUND: REVENUES Other Sources $2,242,060 $2,324,443 $2,364,105 Total Revenues $2,242,060 $2,324,443 $2,364,105 EXPENDITURES Personnel Costs Other Costs 2,217,055 2,324,443 2,364,105 Total Expenditures $2,217,055 $2,324,443 $2,364,105 Beginning Fund Balance $175,954 $200,959 $200,959 Ending Fund Balance $200,959 $200,959 $200,959 COMMUNITY DEVELOPMENT FUND: REVENUES Federal Government $1,203,023 $800,921 $1,049,028 Other Sources 148,623 15,000 15,000 Total Revenue $1,351,646 $815,921 $1,064,028 EXPENDITURES Personnel Costs $111,331 $122,979 $130,179 Other Costs 1,234,315 686,942 933,849 Transfers Out 6,000 6,000 0 Total Expenditures $1,351,646 $815,921 $1,064,028 Beginning Fund Balance $83 $83 $83 Ending Fund Balance $83 $83 $83 CAPITAL IMPROVEMENT PROJECTS FUND: REVENUES State of Tennessee $3,220,745 $1,622,050 $600,000 Federal Government 106,734 1,541,285 3,868,000 Other Sources 3,773,314 802,878 1,087,866 Issuance of Debt 1,000,000 971,518 0 Total Revenue $8,100,793 $4,937,731 $5,555,866 EXPENDITURES Other Costs 8,125,137 3,699,571 5,555,866 Total Expenditures $8,125,137 $3,699,571 $5,555,866 Beginning Fund Balance ($611,436) ($635,780) $602,380 Ending Fund Balance ($635,780) $602,380 $602,380 GATEWAY FUND: REVENUES Other Sources Total Revenue $0 $0 $0 EXPENDITURES Other Costs $400 $250,000 $30,000 Total Expenditures $400 $250,000 $30,000 Beginning Fund Balance ($1,073,980) ($1,074,380) ($1,324,380) Ending Fund Balance ($1,074,380) ($1,324,380) ($1,354,380) TMBF/BOND FUND: REVENUES Other Sources $1,530,802 $1,237,706 $812,048 Issuance of Debt 604,079 45,820,000 27,097,707 Total Revenue & Debt Issuance $2,134,881 $47,057,706 $27,909,755 EXPENDITURES Other Costs $10,927,436 $10,159,382 $47,882,000 Transfers Out 1,379,249 1,137,706 762,048 Total Expenditures & Transfers Ou $12,306,685 $11,297,088 $48,644,048 Beginning Fund Balance $26,800,749 $16,628,945 $52,389,563 Ending Fund Balance $16,628,945 $52,389,563 $31,655,270  2013-2014 FUNDED POSITION COUNT EXHIBIT B 2011/2012 2012/2013 2013/2014 NUMBER OF EMPLOYEES NUMBER OF EMPLOYEES NUMBER OF EMPLOYEES DESCRIPTIONS FULL TIME PART TIME FULL TIME PART TIME FULL TIME PART TIME DEPARTMENTS General and Administrative 20 12 20 12 21 12 Information Technology 10 10 1 11 1 Cable Television Department 5 2 6 2 6 2 Legal Department 7 7 7 Human Resources Department 9 9 9 Planning Department * 19 12 18 12 7 12 Transportation Department 16 9 16 9 18 9 Building Department 22 21 1 22 1 Judicial Department 6 6 6 Police Department 280 35 282 34 282 34 Fire Department 187 2 187 2 187 2 Engineering Department * 28 1 28 1 38 1 Urban Environmental Dept. 15 15 15 Civic Plaza Department 1 1 1 Recreation Fund - Full Time 70 70 70 Part Time 254 254 256 Public Golf - Full Time 14 14 14 Part Time 34 38 41 Solid Waste Department 42 3 42 3 41 1 Senior Citizens Department 9 10 9 10 9 10 Total General Fund 760 374 761 379 764 382 Risk Management Fund 3 3 3 Fleet Services Fund 13 13 13 Airport Fund 1 5 1 7 1 7 Community Development Fund 2 1 2 1 2 1 19 6 19 8 19 8 779 380 780 387 783 390  ORDINANCE 13-O-27 providing for the levy and collection of a tax for the year 2013 upon all property, real, personal and mixed, within and subject to the jurisdiction of the City of Murfreesboro that is now taxable under the laws and Constitution of the State of Tennessee and the Charter of said City, and for the interest, penalties and costs to be added to such taxes after certain dates. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. (a) That the City Council having received from the City Manager the statement of the valuation and assessment of taxable property within the City of Murfreesboro for the year 2013, and the estimates of revenues to be received by the City of Murfreesboro for the year 2013, pursuant to Section 83 of the Charter of said City, there be and is hereby levied upon and assessed against every species of property, real, personal and mixed, within the corporate limits and subject to the jurisdiction of the City of Murfreesboro that is taxable by said City of Murfreesboro under the laws and Constitution of the State of Tennessee (including the Charter of the City of Murfreesboro), for the year 2013, the sum of One and 27.03/100 Dollars ($1.2703) on every hundred dollars worth of said property. (b) The individual ad valorem property tax amounts shall be rounded to the nearest dollar. Such rounding shall be applied uniformly to all property tax bills in the City for real and personal property, and shall be accomplished by rounding amounts ending in $0.01 to $0.49 down to the nearest dollar and amounts ending in $0.50 to $0.99 up to the nearest dollar. Such rounding shall also apply to any interest or penalty added to delinquent taxes. SECTION 2. That all such taxes shall be collected in the manner provided by the Charter and Ordinances of the City of Murfreesboro and the laws of the State of Tennessee not in conflict therewith. SECTION 3. (a) That all such taxes shall be and become past due and delinquent on and after January 1, 2014, and interest at the rate of one percent (1%) per month and penalties in the amount of one-half of one percent (½ of 1%) per month shall be applied and added to the amount of such taxes on and after January 1, 2014. Both such interest and penalties shall be added to the amount of the said taxes, and shall be paid by the taxpayer. (b) All taxes remaining unpaid and delinquent on January 1, 2015, shall be promptly certified to the City Back Tax Attorney for collection as provided by the Charter of the City of Murfreesboro, unless such certification shall be delayed by resolution of the City Council for a period or periods of time beyond said date of January 1, 2015; and the costs fixed by the law of the State for collection of delinquent State or County taxes, exclusive of City Back Tax Attorney's commission, shall be applied and added to the amount of such taxes, to be paid by the taxpayer on and after January 1, 2015, or on and after such period or periods of time to which said certification of such taxes to the City Back Tax Attorney may be delayed or deferred by such resolution of the City Council. SECTION 4. That this Ordinances take effect from and after its passage upon third and final reading as an emergency Ordinance, an emergency existing, and it mjp 5/31/2013 2:29 PM \\Puckett\Legal\Files\Council\Ordinances\2013\27 - 13-O-27.Doc  being necessary that this Ordinance take effect at the earliest possible moment in order to allow taxpayers to pay their taxes at the earliest possible time, and in order to make available the revenues to be derived from the taxes herein levied to meet current expenditures of the City, the public welfare and the welfare of the City requiring it. Passed: Tommy Bragg, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp 5/31/2013 2:29 PM \\Puckett\Legal\Files\Council\Ordinances\2013\27 - 13-O-27.Doc  . . . creating a better quality of life. June 6, 2013 Honorable Mayor and Members of City Council RE: Planning Commission recommendation for scheduling public hearing. Background During its regular meeting on May 1, 2013, the Planning Commission conducted a public hearing on the first item listed below. After the public hearing the matter was deferred for further study. At the Planning Commission meeting on May 15, the Planning Commission heard staff reports regarding drainage, traffic management, and anticipated street improvements in the area. During its regular meeting on June 5, the Planning Commission returned to the matter and after discussion, moved to recommend rezoning the property as described below and as shown on the attached illustration. During its regular meeting on June 5, the Planning Commission conducted a public hearing on the second item listed below. After public hearings the Planning Commission discussed the application and then took action to recommend approval. a. Zoning application [2013-410 for approximately 62.94 acres to be rezoned from RS-15 to CH and approximately 15.39 acres to be rezoned from RS-15 to CF along Memorial Blvd., Mr. Bricke Murfree applicant. b. Zoning application [2024-424] for PRD amendment for approx. 12.6 acres along Memorial Blvd., Mr. Ross Bradley applicant. Recommendation It is recommended that the City Council schedule the matters for public hearings. Concurrences The Murfreesboro Planning Commission has studied and conducted a public hearing on each of the matters and recommends approval of both of them. Fiscal Impact Staff is not aware of any fiscal impact that will result directly from this recommendation because the cost of advertising for the public hearings is recouped by the City as part of the application fee. The first item does involve an area with a significant and widespread drainage condition that may involve the City taking an active role in construction of stormwater infrastructure that will help alleviate this condition. This condition and its resolution are independent of the zoning of the property. However, future development of the property which will to a considerable degree be shaped by the zoning of the property may be directly involved in construction of some elements of the needed drainage infrastructure and/or may participate financially in its construction. At this point the project costs are unknown. Attachments 1. Location maps Respectfully submitted Joseph D. Aydelott Planning Director  TH DR RM- OVERHIL PRINCESS R CT 16 HARTFORD O N CH ROELLEN RD L E ST RM-16 LN RS- BRANCH CL E MADISON AV CT BLOSSOM LN DR WE 15 CAR A RS REGAL C ER DR DR Y AU WAY D CH BO PCD DR NWOO ER R W TO K DR RS-12 CHERR D DR BANNE R DR Y 250' CY PAR REGE PALACE PL Area RecommendedBLUEBELL A CL OSBOR R E GE N VE N E LN for CF Zoning DR MARILY CROWN N CT CT OG RS-15 AMBER ITHACA ST JAMES PECONIC P EDMON L CT RS-15 ARCHER AVE £ ¤231 PCD JIM HOU RICHAR STON C T BU D RD State Area Recommended CK 250' WA GILBER LE ESTES Farm for CH Zoning LT ON ST T ST S T LN CP PCD FRA VI HAYNES PUD IN C DR NKL TO BLVD R GS RD IA DR CM-R LN L DR TEDDER HIL N SULPH OW DE JAR CR NE UR SPR TT E OG LN IN R CH McKnight P RS-15 IRONG Park RTY ATE BLVD D Stones RS-10 L IB E River Manor RAVENWOOD DR RD RS-15 RS-12 Ê Path: G:\planning\rezon\MemorialRS15_CH04_2013.mxd Rezoning Recommendation Along Memorial Blvd. from: GIS Department City Of Murfreesboro 111 West Vine Street RS-15 to CH and CF 0 500 1,000 2,000 3,000 Murfreesboro, Tennessee 37130 www.murfreesborotn.gov Feet  VA CU Hospital COBBLE FIELD A VE VET ERA NS Publix CIR RS-10 TURTLE ROCK C RM-16 T DR SOU THV W THOM PSON LN IEW CM-R R KD YP AR RS-15 t u 268 RE GE NC Erma Siegel CH FLOWER JACKSON RD Elementary 4 PARK DR RS-12 t u 231 HANBY D R MAXWELL ST AREA HARRIS ST CL RS-15 FAIRFAX DR TURRE T WAY MEADOWRI BARO KING RIDG S CH YORKSHIRE E DR N CT NAR R OVE DGE CT MO KINGS RIDGE DR R DE DR CT LC KD TMEA EL CT BREN DR HIL PALISA BRENTMEA D E DR YP DE DR RO AR T TAB UND DAMS EN LE CT RS-15 OVERHILL CT C RE G MAJES T Y DR RM-16 BRAXTON DR MAJE REGEN S TY HARTFO DR IM PE PARK D CY RD RS-12 R CT RIA DR PRINCE L S S CT µ Map Document: (G:\planning\rezon\MemorialCHtoPRD.mxd) 10/2/2012 -- 3:12:50 PM Rezoning Request Along Memorial Blvd from: City Of Murfreesboro 111 W. Vine Street CH to PRD Murfreesboro, Tennessee 37130 0 250 500 1,000 Feet (615) 893-6441 www.murfreesborotn.gov [2012-424]