City Council

MURFREESBORO CITY COUNCIL AGENDA August 21, 2014 7:00 p.m. City Council Chambers PRAYER MR. RICK LALANCE PLEDGE OF ALLEGIANCE Consent Agenda 1. A. Consider recommendations of the Fleet Services Director with regards to contract with American Tire Company for purchase of tire recapping services. B. Consider recommendations of the Assistant Fire Chief to waive competitive bid process to purchase equipment for three new fire apparatus from a single source provider. C. Consider recommendations of the City Attorney regarding revisions to Employee Handbook Section 1013, Travel Expense Policy. D. Consider recommendations of the Community Development Director: a. Tree Removal Services - 1022 Leaf Avenue. b. Housing Rehabilitation - Policies & Procedures. E. Consider recommendations of the Principal Planner with regards to Mandatory Referral for abandonment of two drainage easements for proposed Creekside Villas development located within Lot 495 of the Three Rivers Subdivision; TDK Construction, applicants. F. Consider recommendations of the City Manager with regards to Veterans Administration (VA) Fire Service Agreement. G. Consider recommendations of the Information Technology Director to approve Amendment 1 to extend WSCA/NASPO PC Contract 2009-2014 (Computer Equipment, Peripherals, and Related Services), Master Price Agreement Number B27160 and Participating Addendum between Dell Marketing, L.P. and City of Murfreesboro, TN to December 31, 2014. Minutes 2. A. August 7, 2014 - Public Comment Meeting. B. August 7, 2014 - Regular Meeting. Second Readings 3. Consider for passage on second reading ORDINANCE 14-OA-23 to annex an area located along Old Fort Parkway/Franklin Road and to adopt for same a Plan of Services. 4. Consider for passage on second reading ORDINANCE 14-OZ-24 to zone an area located along Old Fort Parkway/Franklin Road as Highway Commercial (CH) District, simultaneous with annexation. 5. Consider for passage on second reading ORDINANCE 14-O-42 authorizing the charging and collection of electronic traffic citation fees pursuant to Chapter 750 of the Public Acts of 2014. First Readings 6. A. Hear from Robert Mitchell, Rutherford County Assessor, regarding change in Certified Tax Rate. B. Consider for passage on first reading ORDINANCE 14-O-44 the Tax Rate Ordinance. New Business 7. A. Pursuant to RESOLUTION 14-O-R-43 adopted by the City Council on July 24, 2014, conduct a public hearing to consider amending Chapter 25¼-Signs, Sections 25¼-22 and 25¼-26, dealing with signs; Planning Staff, applicant [2014-804]. Notice of said public hearing was published in the August 4, 2014 edition of a local newspaper. B. Consider for passage on first reading ORDINANCE 14-O-43 amending Murfreesboro City Code, Chapter 25¼-Signs, Sections 25¼-22 and 25¼-26, dealing with signs. 8. Hear from City Attorney with regards to guns on greenways. 9. A. Hear from City Attorney with regards to RESOLUTION 14-R-23. B. Consider adopting RESOLUTION 14-R-23 regarding payment approvals by modifying RESOLUTION 11-R-15. Beer Permits Payment of Statements Board & Commission Appointments Other Business from Staff or City Council Adjourn  CITY OF MURFREESBORO EMPLOYEE HANDBOOK Section No: 1013 Date: Supersedes Section No: 1013 Dated: 7-15-11 Subject: Travel Expense Policy Approved: Robert J. Lyons, City Manager . . . (b) PRIOR APPROVAL OF TRAVEL AND/OR TRAINING: ADVANCE APPROVAL: All travel involving an overnight stay, or mileage in excess of 50 miles one way, must be approved in advance by the City Manager or Director of Water and Sewer in the case of employees of that department. (Reference herein to the City Manager shall be to the Director of the Water and Sewer Department for employees of that department.) In the event an employee has any question about whether an expense will or will not be reimbursable, the employee should consult, in advance, with the City Manager. If the City Manager is not available, the employee should consult with the City Treasurer or City Recorder. This is particularly true when the question involves the availability of reimbursement for an expense incurred when the employee is traveling with other persons who are not employees of the city. The City Manager must pre-approve: all out of state travel by an employee; all travel requiring an overnight stay (lodging); and, all travel or training if the total cost for one (1) or more employees exceeds one thousand dollars ($1,000.00). For this purpose “cost” is to be calculated comprehensively and includes registration and other fees in addition to all travel expenses covered by this policy. All travel and training requests not required to be approved by the City Manager shall be approved by the department head or designee. . . . (h) COMMUNICATION: The employee shall be reimbursed for city work-related telephone charges incurred while on official travel if the person to whom the call is made and the purpose of the call is reported on the travel expense form. This applies for long distance and local telephone calls. It applies whether the calls are charged to the individual's home phone, credit card, or hotel room. The same rules apply to charges for faxing or overnight mail. The employee shall also be reimbursed for charges for internet or wi-fi access while on official travel if such access was necessary to conduct City business. Employees shall not incur such charges if alternative, sufficiently secure, [07-15-11] 1 [1013] access is available (e.g., City provided “smart phone”) or if the access if for personal use and convenience. [07-15-11] 2 [1013]  CITY OF MURFREESBORO EMPLOYEE HANDBOOK Section No: 1013 Date: Supersedes Section No: 1013 Dated: 7-15-11 Subject: Travel Expense Policy Approved: Robert J. Lyons, City Manager . . . (b) PRIOR APPROVAL OF TRAVEL AND/OR TRAINING: The City Manager must pre-approve: all out of state travel by an employee; all travel requiring an overnight stay (lodging); and, all travel or training if the total cost for one (1) or more employees exceeds one thousand dollars ($1,000.00). For this purpose “cost” is to be calculated comprehensively and includes registration and other fees in addition to all travel expenses covered by this policy. All travel and training requests not required to be approved by the City Manager shall be approved by the department head or designee. . . . (h) COMMUNICATION: The employee shall be reimbursed for City work- related telephone charges incurred while on official travel if the person to whom the call is made and the purpose of the call is reported on the travel expense form. This applies for long distance and local telephone calls. It applies whether the calls are charged to the individual's home phone, credit card, or hotel room. The same rules apply to charges for faxing or overnight mail. The employee shall also be reimbursed for charges for internet or Wi-Fi access while on official travel if such access was necessary to conduct City business. Employees shall not incur such charges if alternative, sufficiently secure, access is available (e.g., City provided “smart phone”) or if the access if for personal use and convenience. [07-15-11] 1 [1013]  . . . creating a better quality of life CONSENT AGENDA August 19, 2014 Honorable Mayor and Members of the City Council: As items for the Consent Agenda, it is recommended that the City Council approve the following items from the Community Development Department: 1. Tree Removal – 1022 Leaf Avenue 2. Housing Rehabilitation – Policies & Procedures 1. Tree Removal – 1022 Leaf Avenue Background The homeowner at 1022 Leaf Avenue has applied for and is eligible for assistance for tree removal services through the Housing Rehabilitation Program. Program policies require that the tree to be removed be dead or constitute a threat to health and safety. An inspection on June 6, 2014, by the Urban Environmental Department found this to be the case and recommended removing a large silver maple from the property. Requests for bids were mailed to six companies. On August 5, 2014, bids from two companies were opened at City Hall (A third bid was received after the deadline and returned to the bidder.): Roseboro Tree Works $ 700.00 AJ’s Tree Service Inc. $1,250.00 The homeowner has agreed to accept the low bid of $700 from Roseboro Tree Works and the two parties met August 18, 2014, to sign the contract. Fiscal Impact The 2014-15 Community Development Department Budget allocates $364,779.00 for housing rehabilitation projects. Accepting the low bid of $700 would reduce funds available for the current year to $364,079.00. Recommendation Staff recommends approving the contract between the homeowner of 1022 Leaf Avenue and Roseboro Tree Works and authorizing the mayor to sign the contract on behalf of the City. Community Development 211 Bridge Avenue * P. O. Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 890 4660 * Fax 615 217 2260 TDD 615 849 2689 www.murfreesborotn.gov 2. Housing Rehabilitation – Policies & Procedures Background The City has received a $210,000 HOME grant from the Tennessee Housing Development Agency (THDA) which we will use to fund housing rehabilitation projects over the next three years or until the funds are exhausted, whichever comes first. The Policies and Procedures for our Housing Rehabilitation Program are based on the HOME rules as published by THDA, but the agency also requires that we also approve and adopt the current HOME policies and procedures as provided on the THDA website. In reviewing the City’s current Policies and Procedures Manual, staff found three items it wishes to change: 5.2(B). Repayment of the rehabilitation grant is forgiven over a 5 year period on a pro-rata, monthly basis beginning one year after the date of signing the Certificate of Completion and Final Payment. The forgivable amount becomes fixed at the end of the month immediately preceding the date of the event that causes the remaining principal balance to become due and payable. A Schedule showing the remaining principal balance at the beginning of each month, starting with the thirteenth month after the date of signing the Certificate of Completion and Final Payment, will be attached to the Grant Note. [Clarifies how loan-forgiveness – or repayment – is structured for rehabilitation projects] 6.3 RECONSTRUCTION HOUSING – Sometimes rehabilitation is not feasible and reconstruction is the more cost-effective use of program funds. The $25,000 cap is waived for reconstruction housing projects. Funding for reconstruction may not exceed limits set by THDA for the HOME program. Current HOME subsidy limits are published on the THDA website and the City of Murfreesboro website. [Sentence in red is new language substituting for a table that listed subsidy limits which are subject to change from time to time.] 6.3 (A)(2) If the unit is reconstructed, repayment of the reconstruction grant is forgiven over a 15 year period on a pro-rata, monthly basis beginning one year after the date of signing the Certificate of Completion and Final Payment. The forgivable amount becomes fixed at the end of the month immediately preceding the date of the event that causes the remaining principal balance to become due and payable. A Schedule showing the remaining principal balance at the beginning of each month, starting with the thirteenth month after the date of signing the Certificate of Completion and Final Payment, will be attached to the Grant Note. [Clarifies how loan-forgiveness – or repayment – is structured for reconstruction projects.] 2 Fiscal Impact Failure to approve and adopt the current HOME policies and procedures as provided on the THDA website would result in the loss of the $210,000 grant. Concurrences The text for items 5.2(B) and 6.3(A)(2) was prepared for the Community Development Department by Assistant City Attorney David Ives. Recommendation Staff recommends approving the above changes to the City’s Housing Rehabilitation Policies and Procedures Manual and approving and adopting the 2009-10 HOME Operations Manual published by THDA. Sincerely, John Callow Community Development Director 3  . . . creating a better quality of life. Consent Agenda August 15, 2014 Honorable Mayor and Members of City Council Re: Mandatory Referral [2014-710] for the abandonment two drainage easements for the proposed Creekside Villas development located within Lot 495 of the Three Rivers subdivision, TDK Construction applicants. Background During its regular meeting on July 23, 2014, the Planning Commission considered abandoning two existing drainage easements as recorded with the Three Rivers subdivision plat on Lots 495. The developer desires to develop the site with an assisted living facility, a site plan for which was approved by the Planning Commission in May 2014. The approval of this request is subject to the applicant providing all the necessary documentation required to prepare and record the instrument to City Staff. This includes legal descriptions and an illustration of the property. Recommendation It is the recommendation of the Murfreesboro Planning Commission to approve the request to abandon two existing public drainage easements. The recommendation is to authorize the Mayor to sign a quitclaim deed as prepared by the City’s Legal Department. Concurrences The Murfreesboro Planning Commission approved the matters as a mandatory referral item during its regular meeting on July 23, 2014. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov Fiscal Impact Staff is not aware of any fiscal impact that will result from these requests. Attachments 1. Staff Comments 2. Exhibits Respectfully Submitted Margaret Ann Ely Green, AICP Principal Planner MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 JULY 23, 2014 4.k. Mandatory Referral [2014-710] for the abandonment two drainage easements for the proposed Creekside Villas development located within Lot 495 of the Three Rivers subdivision, TDK Construction applicants. The Planning Commission is being asked to consider abandoning existing drainage easements as recorded with the Three Rivers subdivision plat on Lots 495. The developer wishes to develop the site with an assisted living facility, a site plan for which was reviewed last month. The drainage easement runs beneath the proposed buildings and are proposed to be relocated. Staff recommends that if this mandatory referral is approve, it should be made subject to the applicant providing all the necessary documentation required to prepare and record the instrument to City Staff. This will include legal descriptions and an illustration of the property. If approved, staff will forward Planning Commission’s recommendation to City Council for its consideration and authorization for the Mayor to sign the necessary documents to convey the City’s interest back to the owner.  . . . creating a better quality of life CONSENT AGENDA August 21st, 2014 Honorable Mayor and Members of City Council: RE: Extension of the contract between Dell Marketing, L.P. and the City of Murfreesboro, TN for the purchase of Computer Equipment, Peripherals, and Related Services Background Purpose To continue purchasing technical equipment using the WSCA Cooperative Agreement to obtain competitive pricing. In December 2013, the City Council approved purchasing from the WSCA-NASPO Cooperative Purchasing Organization. Having the ability to purchase from the WSCA/NASPO purchasing cooperative gives the IT department more ability to find the most competitive pricing of technical hardware, software and services. The current agreement (attached) will expire on August 31st, 2014 if not extended by the acceptance of Amendment 1 (attached). This will extend the agreement out to December 31st, 2014. NASPO - The National Association of State Procurement Officials - is a non-profit association dedicated to strengthening the procurement community through education, research, and communication. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia, and the territories of the United States. NASPO is an organization through which the member purchasing officials provide leadership in professional public purchasing, improve the quality of purchasing and procurement, exchange information, and cooperate to attain greater efficiency and economy. Established in 1993, WSCA is a cooperative multi-state contracting organization, comprised by the 15 states from NASPO's western region, whose purpose is to achieve cost-effective and efficient acquisition of quality products and services. WSCA is a national leader in facilitating cooperative purchasing that benefits the states, cities, counties, public schools, and institutions of higher education. These contracting initiatives are administered by a western region state and follow a review process managed by the state directors from the western region. Formed in 2012, WSCA-NASPO Cooperative Purchasing Organization (WSCA-NASPO), LLC is a subsidiary of NASPO that expands on WSCA’s successes in cooperative purchasing by establishing a unified, national cooperative purchasing program. WSCA-NASPO uses a "Lead State" model in issuing cooperative solicitations. One state leads the procurement, issues the solicitation and awards the contracts based on that state's statutory requirements and processes. The Lead State owns and manages the contract(s). All authorized governmental entities in any state are welcome to use WSCA-NASPO cooperative contracts with the approval of that state's State Chief Procurement Official. The State of Minnesota is the “Lead State” for the WSCA/NASPO PC Contracts 2014. These are a series of contracts with manufacturers of personal computers (PCs) and related commodities (including printers, small servers, LAN/WAN storage devices, and monitors). The Master Price Agreement for Computer Equipment, Peripherals, and Related Services (Number B27160) between the State of Minnesota and Dell Marketing, L.P. is one of these contracts. Administration Department 111 West Vine Street * P. O. Box 1139 * Murfreesboro, Tennessee 37133-1139 Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov  . . . creating a better quality of life Recommendation Accordingly, I respectfully request that you approve Amendment 1 which will extend the WSCA/NASPO PC Contract 2009-2014 (Computer Equipment, Peripherals, and Related Services), Master Price Agreement Number B27160 and the Participating Addendum between Dell Marketing, L.P. and the City of Murfreesboro, TN to December 31st, 2014. Attachments 1. WSCA/NASPO PC Contracts 2009-2014 (Computer Equipment, Peripherals, and Related Services), Master Price Agreement B27160 2. Participating Addendum Amendment 1 Chris Lilly Information Technology Director Administration Department 111 West Vine Street * P. O. Box 1139 * Murfreesboro, Tennessee 37133-1139 Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov  PARTICIPATING ADDENDUM [hereinafter "Addendum"] For WSCA/NASPO P C Contracts 2009-2014 COMPUTER EQUIPMENT, P E R I P H E R A L S , AND R E L A T E D S E R V I C E S MASTER P R I C E A G R E E M E N T NUMBER B27160 Between Dell Marketing L.P. [hereinafter "Contractor"] and City of Murfreesboro, TN [hereinafter "Participating Entity"] (B27160) Page 1 of 6 1. Scope This Addendum covers the WSCA/NASPO PC Contracts 2009-2014 (Computer Equipment, Peripherals and Related Services) lead by the State of Minnesota for use by the City of Murfreesboro, TN. This entity has been authorized by the State Chief Procurement Official of the state within which it is located to use the WSCA/NASPO PC Contracts 2009-2014. See Email of Michael F. Pen^, Chief Procurement Officer, State of Tennessee (Sep. 13, 2013), attached hereto as Exhibit A. 2. Participation Use of specific WSCA/NASPO cooperative contract by state agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Changes: A. Governing Law; Venue 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. All obligations arising hereunder are performable in Rutherford County, Tennessee, and any action between the parties arising from this agreement shall be maintained in the courts of Rutherford County, Tennessee. B. Taxes The Participating Entity is exempt from State sales tax and will issue a tax exemption certificate to the Contractor as requested. Participating Entity 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 Participating Entity.  PARTICIPATING ADDENDUM [hereinafter "Addendum"] For WSCA/NASPO P C Contracts 2009-2014 COMPUTER EQUIPMENT, P E R I P H E R A L S , AND R E L A T E D S E R V I C E S MASTER P R I C E A G R E E M E N T NUMBER B27160 Between Dell Marketing L.P. [hereinafter "Contractor"] and City of Murfreesboro, TN [hereinafter "Participating Entity"] (B27160) Page 2 of 6 C. Maintenance of Records Contractor shall maintain documentation for all charges against Participating Entity. 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 Participating Entity or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles. D. Modification of Addendum This addendum 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 Murfreesboro 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. 4. Continuation of Participation from W S C A / N A S P O P C Contracts 2004-2009: To the extent permitted by the laws and rules of the state in which an individual participating entity is located, valid participating addenda for the WSC/VNASPO PC Contracts 2004*2009 are hereby extended to include participation in the WSCA/NASPO PC Contracts 2009-2014 under the same terms and conditions in the current participating addendum. If re-execution of a participating addendum or amendment to an existing participating addendum is required by a participating entity, the authorization to participate in the WSCA/NASPO PC Contracts 2004-2009 is sufficient to penult participation in the WSCA/NASPO PC Contracts 2009-2014, unless specifically denied by the appropriate chief state procurements official. 5. Lease Agreements No Leasing Is Authorized Under this Addendum. 6. Primary Contacts The primary contact individuals for this Addendum are as follows (or their named successors):  PARTICIPATING ADDENDUM [hereinafter "Addendum"] For WSCA/NASPO P C Contracts 2009-2014 COMPUTER EQUIPMENT, P E R I P H E R A L S , AND R E L A T E D S E R V I C E S MASTER P R I C E A G R E E M E N T NUMBER B27160 Between Deli Marketing L.P. [hereinafter "Contractor"] and City of Murfreesboro, TN [hereinafter "Participating Entity"] (B27160) Page 3 of 6 MASTER A G R E E M E N T CONTACTS: Lead State Name: Bernadette Kopischke Address: 50 Sherburne Ave., 112 Admin BIdg, St Paul, MN 55155 Telephone: (651)201-2450 Fax: (651)297-3996 E-mail: bernie.kopischke@state.mn.us Contractor Name: Ashleigh Lane Address: One Dell Way, Mail Stop 8707, Round Rock, TX 78682 Telephone: (512)723-1033 Fax: (512)283-9092 E-mail: Ashleigh lane@dell.com PARTICIPATING ADDENDUM CONTACTS: Participating Entity Name: Rob Lyons, City Manager Address: 111 West Vine Street, Murfreesboro, TN 37130 Telephone: (615)849-2620 Fax: (615)849-2679 E-mail: rlvons@murfreesborotn.gov With a copy to: Name: Christopher Lilly, IT Director Address: 111 West Vine Street, Murfreesboro, TN 37130 Telephone: (615) 893-6441 Fax: (615)849-2606 E-mail: clillv@murfreesborotn.gov Contractor State Contract Manager Name: Diane Wigington Address: One Dell Way, RR8-07, Round Rock, TX 78682 Telephone: (512)728-4805 Fax: (512)283-9092 E-mail: Diane Wigington(S)Dell.com  PARTICIPATING ADDENDUM [hereinafter "Addendum"] For WSCA/NASPO P C Contracts 2009-2014 COMPUTER EQUIPMENT, P E R I P H E R A L S , AND R E L A T E D S E R V I C E S MASTER P R I C E A G R E E M E N T NUMBER B27160 Between Dell Marketing L.P. [hereinafter "Contractor"] and City of Murfreesboro, TN [hereinafter "Participating Entity"] (B27160) Page 4 of 6 7. Servicing Subcontractors: Dell may engage third party service providers to perform various services and has several authorized Dell Service Providers (DSPs). DSPs will not accept orders or payments. Dell wishes to identify Servicing Subcontractor(s) ("WSCA Agent") to market Dell's Products and Services, as identified on Dell's Products & Services Schedule ("PSS"), on behalf of Dell. The Participating Entity may utilize WSCA Agents pursuant to the Dell defined WSCA Agent program as defined in a separate written Agreement between Dell and WSCA Agent. Placement of Orders and shipment of Order directly from Dell will remain unchanged in the PA. All orders and payments are to be issued directly to: Dell Marketing L.P. All purchase orders issued by purchasing entities within the jurisdiction of this Addendum must include the Participating State Entity contract number: ; and the Master Price Agreement Number B27160. 8. Compliance with reporting requirements of the "American Recovery and Reinvestment Act of 2009" ("ARRA"): If Dell is notified by ordering entity that a specific purchase order is being made with ARRA funds, Dell agrees to assist the ordering entity with their requirement to comply with the data element and reporting as cun-ently defined in Federal Register Vol 74 # 6 1 , Pages 14824-14829 (or subsequent changes or modifications to these requirements as published by the Federal 0 M B ) . Ordering entity is responsible for informing Dell at the time of purchase order placement that ARRA funds are being used. Dell will include the tracking data, if provided by ordering entity, as an element within the utilization report, as per Article 44 of the MPA. Dell, as it relates to purchases under this contract, is not a subcontractor or subgrantee, but simply a provider of goods and related services. 9. Services: The terms of the Agreement shall apply each time Customer engages Dell to provide services. All services provided will be described in one or more of the following: (i) "Service Descriptions" used to describe any services purchased by an entity; (ii) any mutually agreed upon "Statement of Work" ("SOW") executed by the parties; or (ill) any "Technical Specification Form" approved by the parties  PARTICIPATING ADDENDUM [hereinafter "Addendum"] For WSCA/NASPO P C Contracts 2009-2014 COMPUTER EQUIPMENT, P E R I P H E R A L S , AND R E L A T E D S E R V I C E S MASTER P R I C E A G R E E M E N T NUMBER B27160 Between Dell Marketing L.P. [hereinafter "Contractor"] and City of Murfreesboro, TN [hereinafter "Participating Entity"] (B27160) Page 5 of 6 10. Evaluation Equipment: Dell, by mutual agreement with the Participating Entity, wishes to allow the use of equipment for the purposes of evaluation prior to purchase. Purchases of the equipment shall comply with the terms of the Master Purchase Agreement and participating addendum. This Addendum and the Master Price Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Master Price Agreement, together with its exhibits, shall not be added to or incorporated Into this Addendum or the Master Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Master Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendum. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. CITY O F M U R F R E E S B O R O D E L L MARKETING, L P .  PARTICIPATING ADDENDUM [hereinafter "Addendum"] For WSCA/NASPO P C Contracts 2009-2014 COMPUTER EQUIPMENT, P E R I P H E R A L S , AND R E L A T E D S E R V I C E S MASTER P R I C E A G R E E M E N T NUMBER B27160 Between Del! Marketing L.P. [hereinafter "Contractor"] and City of Murfreesboro, TN [hereinafter "Participating Entity"] (B27160) Page 6 of 6 Approved as to form: STATE OF Texas : ss COUNTY OF Williamson Susan Emery McGannon, City Attorney Before me, the undersigned notary public, personally appeared t//iQn\(^jhn . with whom I am personally acefualnted (or proved to me on the basis of satisfactory Adarn F./tucker, Staff Attorney evidence), and who, upon oath, acknowledaed such person to be the &Ah^dz» / i k / i ^ ^ ^ ^ . or other officer authorized to execute the foregoing Instrument for the purposes therein contained. / WITNESS MY HAND and seal this X - day of Alo\fe^S0<z . 20J3. 2t Notary Public M OAVIOAWGIHGTOII / My Commiwion Expim Iiiy22.2018 mm  PARTICIPATING ADDENDUM AMENDMENT 1 [hereinafter “Addendum”] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 Between Dell Marketing L.P. [hereinafter “Contractor”] and City of Murfreesboro, TN [hereinafter “Participating Entity”] Participating Entity Contract Number B27160 Dell Contract Code: WN98AGL Page 1 of 2 THIS AMENDMENT is by and between the City of Murfreesboro (Participating Entity), and Dell Marketing L. P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through August 31, 2014, to provide direct-from- manufacturer personal computer equipment and related devices, software and services; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Changes: The Master Agreement stipulated the changes listed below. States may choose to add these items to their Participating Addendum at this time. States addendums define whether they allow the contract term to automatically renew or must do a new addendum to continue participation. It is up to each vendor and each State to review their addendums for validity to continue. a. Contract is extended through December 31, 2014. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Price Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. This Addendum applies only in the jurisdiction of the Participating Entity which has executed this Addendum.  PARTICIPATING ADDENDUM AMENDMENT 1 [hereinafter “Addendum”] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 Between Dell Marketing L.P. [hereinafter “Contractor”] and City of Murfreesboro, TN [hereinafter “Participating Entity”] Participating Entity Contract Number B27160 Dell Contract Code: WN98AGL Page 2 of 2 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. DELL MARKETING L.P. CITY OF MURFREESBORO, TN Signature: Signature: Name: Diane Wigington Name: Title: Public Contracts Manager Title: Date: July 15, 2014 Date:  ORDINANCE 14-OA-23 to annex approximately 0.77 acres along Old Fort Parkway/ Franklin Road, to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee, and to adopt for same a Plan of Services; Ms. Marchella Ann Richardson, executor, for estate of Lois Jean Richardson, applicant [2014-501]. WHEREAS, a Public Hearing on a proposed annexation and Plan of Services was held before the City Council of the City of Murfreesboro, Tennessee, on May 22, 2014, pursuant to a Resolution passed and adopted by the City Council on April 24, 2014, and notice thereof published in The Murfreesboro Post, a newspaper of general circulation in said City, on May 5, 2014; and, WHEREAS, the property owner of the affected territory identified on the attached map as the “Area Annexed” petitioned the City of Murfreesboro for annexation by ordinance; and, WHEREAS, the annexation of the territory identified on the attached map as the “Area Annexed” is deemed necessary for the welfare of the residents and property owners thereof, as well as of the City of Murfreesboro as a whole; and, WHEREAS, the Plan of Services for the territory identified on the attached map as the “Area Annexed” is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That, pursuant to authority conferred by T.C.A. Sections 6-51-101, et seq., there is hereby annexed to the City of Murfreesboro, Tennessee and incorporated within the corporate boundaries thereof, the territory identified on the attached map as the “Area Annexed”. SECTION 2. That the Plan of Services attached hereto for the territory identified on the attached map as the “Area Annexed” is hereby adopted as it is reasonable with respect to the scope of services to be provided and the timing of such services. SECTION 3. That this Ordinance shall take effect thirty (30) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor st 1 reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2014\23 - 14-oa-23.doc 4/29/2014 8:32 AM #1 Franklin Road Christian RS-15 Ê CL Area Annexed £ ¤ 96 TS DR CH IN H E IG H FRA N KL Ordinance 14-OA-23  ORDINANCE 14-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 zone approximately 0.77 acres along Old Fort Parkway/ Franklin Rd. as Highway Commercial (CH) District, simultaneous with annexation; Ms. Marchella Ann Richardson, executor, for estate of Lois Jean Richardson, applicant [2014-409]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to zone the territory indicated on the attached map. SECTION 2. That from and after the effective date hereof the area depicted on the attached map be zoned and approved as Highway Commercial (CH) District, simultaneous with annexation, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading or upon the effective date of Ordinance 14-OA- 23, whichever is later, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2014\24 - 14-oz-24.doc 4/29/2014 8:32 AM #1  Franklin Road Christian RS-15 Ê Area CL zoned CH Simultaneous with Annexation £ ¤ 96 TS DR CH IN H E IG H FRA N KL Ordinance 14-OZ-24  ORDINANCE 14-O-42 authorizing the charging and collection of electronic traffic citation fees pursuant to Chapter 750 of the Public Acts of 2014. WHEREAS, Chapter 750 of the Public Acts of 2014, effective July 1, 2014, authorizes local legislative bodies to authorize municipal court clerks to charge and collect electronic traffic citation fees under certain terms and conditions, including the amount and use of such fees; and, WHEREAS, the City of Murfreesboro issues electronic traffic citations and can make productive expenditures in accordance with the requirements of Chapter 750. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 2-13, Schedule of Court Costs for City Court, of the Murfreesboro City Code is hereby amended by adding to the list of court costs therein: “Electronic traffic citation fee 5.00” SECTION 2. The electronic traffic citation fee shall be charged for any violation of a traffic ordinance that results in a plea of guilty or nolo contendre or in a judgment of guilty and shall be in addition to all other fees, taxes and charges. SECTION 3. In conjunction with the Finance Director, the Court Clerk shall, in accordance with the provisions of Chapter 750, ensure that (a) $4.00 of any such electronic traffic citation fee shall be accounted for in a special revenue fund for the Murfreesboro Police Department that shall be used only for electronic citation system and program related expenditures including technology, equipment, repairs, replacement and training and (b) $1.00 of any such electronic traffic citation fee shall be used for computer hardware (including replacement) purchases and usual and necessary computer related expenses for City Court. Electronic traffic citation funds shall be used for these purposes only and shall not revert to general purposes in the general fund if unexpended. SECTION 4. The electronic traffic citation fee shall terminate and shall not be imposed on any offense occurring on or after July 1, 2019. SECTION 5. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2014\42 - 14-o-42.doc 7/28/2014 11:11 AM #1 No Digital Copy  ORDINANCE 14-O-44 providing for the levy and collection of a tax for the year 2014 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. WHEREAS, the City of Murfreesboro has adopted the certified tax rate after reappraisals in 2002, 2006 and 2010; and, WHEREAS, based on information received from the Rutherford County Tax Assessor, the City believed it was adopting the certified tax rate for 2014 when it adopted the rate of One and 20.15/100 Dollars ($1.2015) in Ordinance 14-O-34; and, WHEREAS, following adoption of third and final reading of Ordinance 14-O-34, the Rutherford County Tax Assessor notified the City that the certified tax rate for 2014 is One and 20.66/100 Dollars ($1.2066); and, WHEREAS, the City Council wishes to continue the City’s history of tax rate neutrality and changing the City’s tax rate to the correct certified tax rate is necessary to achieve this. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Ordinance 14-O-34, to the extent it conflicts with this Ordinance, is superseded and replaced. SECTION 2. (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 2014, and the estimates of revenues to be received by the City of Murfreesboro for the year 2014, 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 2014, the sum of One and 20.66/100 Dollars ($1.2066) 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 3. 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 4. (a) That all such taxes shall be and become past due and delinquent on and after January 1, 2015, 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 mjp \\puckett\legal\files\council\ordinances\2014\44 - 14-o-44.doc 8/18/2014 10:16 AM #1 the amount of such taxes on and after January 1, 2015. 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, 2016, 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, 2016; 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, 2016, 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 5. That this Ordinances take effect from and after its passage upon third and final reading as an emergency Ordinance, an emergency existing, it being necessary that this Ordinance take effect at the earliest possible moment in order to allow the timely preparation of tax bills, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2014\44 - 14-o-44.doc 8/18/2014 10:16 AM #2  FOR YOUR INFORMATION PUBLIC HEARINGS August 21, 2014  . . . creating a better quality of life. Agenda August 14, 2014 Honorable Mayor and Members of City Council Re: Public Hearing to be held on August 21, 2014. Background Attached is additional information for the public hearing to be held by the City Council. The item is as follows: 1. Sign Ordinance Amendments [2014-804] for signs on single buildings on single lots with single tenants in the PCD, PID, and PUD and within the GDO-1, GDO-2, GDO-3, and GDO-4 Overlay Districts in order to (1) eliminate the limitation on the number of attached Tenant Signs on each exterior wall and on the building as a whole and (2) to allow up to 1 square feet of signage for each 1 linear foot of exterior wall to which the signs will be attached, and amendments to change in the manner in which the Display Surface Area for attached signs is calculated for signs throughout the City. The Planning Commission voted to recommend approval unanimously. Recommendation The City Council will need to conduct a public hearing on this matter after which it will consider an ordinance for its adoption. Concurrences The Murfreesboro Planning Commission conducted public hearings on this matter during its regular meeting on July 9, 2014. The Planning Commission is recommending approval of the sign ordinance amendment. Attachments 1. Staff Comments from July 9, 2014 Planning Commission meeting. 2. Minutes of the July 9, 2014 Planning Commission meeting. Respectfully Submitted, Margaret Ann Green, AICP Principal Planner Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov MURFREESBORO PLANNING COMMISSION STAFF COMMENTS July 9, 2014 3.b. Sign Ordinance Amendments [2014-804] for signs on single buildings on single lots with single tenants in the PCD, PID, and PUD and within the GDO-1, GDO-2, GDO-3, and GDO-4 Overlay Districts in order to (1) eliminate the limitation on the number of attached Tenant Signs on each exterior wall and on the building as a whole and (2) to allow up to 1 sq.ft. of signage for each 1 linear foot of exterior wall to which the signs will be attached, and amendments to change in the manner in which the Display Surface Area for attached signs is calculated for signs throughout the City. Included with the agenda materials is a memorandum prepared by the Assistant City Attorney explaining proposed amendments to the sign ordinance. Staff expects to have additional comments at the meeting. The Planning Commission will need to conduct a public hearing after which it will need to discuss the matter. A recommendation will need to be formulated for the City Council.  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 9, 2014 MEMBERS PRESENT STAFF PRESENT Bob Lamb, Chairman Joseph Aydelott, Planning Director Ken Halliburton Margaret Ann Green, Principal Planner Toby Gilley Matthew Blomeley, Principal Planner Kathy Jones Robert Lewis, Planner Tom Clark Joe Ornelas, Planner Carolyn Jaco, Recording Assistant David Ives, Assistant City Attorney Sam Huddleston, Environ. Engineer Ram Balachandran, Traffic Engineer Gary Whitaker, Bldg. & Codes Director Amelia Kerr, Sign Administrator Chairman Lamb called the meeting to order after determining there was a quorum. Public Hearings Zoning application [2014-421] for approximately 0.58 acres at the north corner of the intersection of Love Ct. and Memorial Blvd. to be rezoned from RS-15 to CH, Mr. Paul Meeks applicant. Ms. Margaret Ann Green began by describing the subject property being located along the west side of Memorial Blvd. at the north corner of the intersection of Love Ct. The property is a single lot of 0.58 acres that is part of the Haynes Haven Subdivision which has never had a home constructed upon it. The owner has made application to rezone the property to CH (Commercial Highway). Staff is not aware of a specific development plan for the property and has only had conversations with the owner’s representatives who have indicated that because the lot fronts on Memorial Blvd., the owner believes that conditions have changed since the 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 9, 2014 Mr. Tom Clark made a motion to deny this rezoning request, seconded by Mr. Ken Halliburton. Sign Ordinance Amendments [2014-804] for signs on single buildings on single lots with single tenants in the PCD, PID, and PUD and within the GDO-1, GDO-2, GDO-3, and GDO-4 Overlay Districts in order to (1) eliminate the limitation on the number of attached Tenant Signs on each exterior wall and on the building as a whole and (2) to allow up to 1 square feet of signage for each 1 linear foot of exterior wall to which the signs will be attached, and amendments to change in the manner in which the Display Surface Area for attached signs is calculated for signs throughout the City. Mr. David Ives, Assistant City Attorney, began explaining how he and Staff from the Building & Codes Department have been working some time on amendments to the sign ordinance. He explained the proposed changes which had been provided in the agenda materials. Ms. Amelia Kerr, Sign Administrator came forward stating how these changes would help simplify the sign ordinance. Also, this would be fair to businesses based on how large their buildings were allowing them to have proper signage. Staff is recommending these new amendments be put into place throughout the City of Murfreesboro in the commercial zones. She stated how this would be beneficial to the businesses in Murfreesboro. Chairman Lamb opened the public hearing. No one came forward to speak for or against the rezoning request, therefore; Chairman Lamb closed the public hearing. 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 9, 2014 Mr. Ken Halliburton made a motion to approve, seconded by Mr. Tom Clark. The motion carried by unanimous vote in favor. Staff Reports and Other Business Election of Chair and Vice-Chair for 2014-15. Mr. Joseph Aydelott began explaining The Rules of Procedure for the Murfreesboro Planning Commission which specify that “the Chair and Vice Chair of the Planning Commission shall be elected each year for a one year term by the Commission, from among its members, at their first regular meeting in July of each year”. Accordingly, it is the responsibility of the Planning Commission members to nominate and elect a Chair and a Vice- Chair, which should be separate motions for each. Ms. Kathy Jones made a motion to elect Mr. Bob Lamb, as the Planning Commission Chairman for the 2014-2015 year, seconded by Mr. Tom Clark. The motion was carried by unanimous vote in favor. Mr. Tom Clark made a motion to elect Mr. Doug Young, as the Planning Commission Vice Chairman for the 2014-2015 year, seconded by Mr. Ken Halliburton. The motion was carried by unanimous vote in favor. Comprehensive Plan [2014-S104]. Mr. Joseph Aydelott made known the Administrative Staff, Planning Staff, Transportation Staff and etc. have been reviewing a scope of services for inclusion in a contract with Kendig Keast Collaborative (KKC) for the 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 9, 2014 The Airport staff and Parks and Recreation Department request your approval of this Parking License Agreement. Mr. Tom Clark asked what was the time frame to start with construction, in which Mr. Ives answered they would like to start with the building immediately. Ms. Kathy Jones made a motion to approve the parking license agreement as presented, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. There being no further business the meeting adjourned at 8:15 p.m. ____________________________________ Chairman ____________________________________ Secretary JDA: cj 9  MEMORANDUM CITY OF MURFREESBORO LEGAL DEPARTMENT TO: Chairman Lamb and Members of the Planning Commission CY: FROM: David A. Ives DATE: June 18, 2014 RE: Proposed Amendments to the Sign Ordinance OTHER BUSINESS As Other Business, the Legal Department and the Building & Codes Department request consideration of proposed amendments to two subsections of the City Sign Ordinance. As at least some of you are aware, staff has been working on a substantial revision to the Sign Ordinance for some time. While we are close to being ready to bring a proposal to you for amending several sections of the Sign Ordinance, we are not quite ready yet. A new business is now under construction that would benefit from the changes that staff is planning to propose for most of the businesses in commercial and industrial zones. In order to avoid an expensive retrofit after signs are installed, we are proposing to make two specific amendments at this time. The first proposed amendment modifies the manner in which the Display Surface Area of a sign is calculated, and will apply to all attached signs in all areas of the City. Under the current ordinance, if a sign is placed on an internally illuminated surface, the entire illuminated area is included as part of the sign. The proposed amendment will differentiate between those surfaces "specifically designed to serve as a sign background" and those surfaces that are not so "specifically designed" (regardless of whether or not they are illuminated) so that only those surfaces that are "specifically d~signed to serve as a sign background" will be included as part of the sign. Ilf@lfKVf. dai h:\userfiles\dives\amend.signs.sec.22.26.mm.pl,com.doc 6/18/20148:11 AM #1 JIJN 1 Q 2014 ~ at: .... ... ",. .----...... ~~­ Under the current Sign Ordinance, the number of attached signs allowed to be on a building along with the total square footage allowed varies among the four office / commercial/industrial sections. The second proposed amendment will (1) eliminate the limitation on the number of attached Tenant Signs on each exterior wall and on the building as a whole and (2) to allow up to 1 sq. ft. of signage for each 1 linear ft. of exterior wall to which the signs will be attached. Staff currently intends to propose that this approach be applied to most buildings in all of the office I commercial/industrial zones. Since some additional analysis is still necessary, in order to avoid "unintended consequences," we are proposing at this time to amend only the subsection governing a single building on a single lot with a single tenant in the PCD, PID and PUD DISTRICTS, AND WITHIN THE BP, GDO-1, GOO-2, GDO-3 AND GDO-4 OVERLAY DISTRICTS. Item 1 is a copy of the proposed amendment. Item 2 is a highlighted copy of the first proposed amendment showing the language that is proposed to be inserted into Sec. 25 % -22(A)(2) and (3). Item 3 is a copy of Sec. 25 % -26(C)(5)(c)[1][xvi] as it presently exists. I will be available if you have any questions. dai h:\userfiles\dives\amend.signs.sec.22.26.mm.pl.com.doc 6/18/2014 8:11 AM #2  ORDINANCE 14-O-43 amending Murfreesboro City Code, Chapter 25¼— Signs, Sections 25¼-22 and 25¼-26, dealing with signs. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 25¼-22, Computation of Sign Area, Number, Height, Power Line Setback and Other Setbacks, of the Murfreesboro City Code is hereby amended at subsections (A)(2) and (A)(3) by deleting same in their entirety and replacing them with the following: (2) The display surface area of an attached sign consisting of word(s), image(s), logo(s) or trademark(s) that are painted on, attached to or otherwise affixed to a surface such as a wall, window, or any other surface not specifically designed to serve as a sign background, and are not enclosed by a box or outline, shall be the sum of the area(s) within an imaginary rectangular box around each word, image, logo or trademark, with the size of the box being the area within same, calculated by multiplying the height by the width, without regard to whether or not the wall, window, or other surface not specifically designed to serve as a sign background is internally illuminated, externally illuminated, or non-illuminated. The height of the box shall be the vertical distance between the tallest and lowest letter or image in the word; or the distance between the top and bottom of an image, logo, or trademark which is not part of a word. The width shall be the horizontal distance between the outermost distant letter(s), image(s), logo(s), trademark(s) or combination thereof within a word; or the horizontal distance between the outermost edge of any image, logo or trademark not a part of a word. 3) The display surface area of a sign consisting of connected letters or letters word(s), image(s), logo(s) or trademark(s) enclosed by a box or outline of any kind shall be the total area of the sign including the background, box or outline. Example: SECTION 2. Section 25¼-26, On-Site Permanent Sign Requirements, of the Murfreesboro City Code is hereby amended at subsection (C)(5)(c)[1][xiv] by deleting same in its entirety and replacing it with the following: [xvi] Tenant Sign: Type – Attached Number – N/A Display Surface Area – The combined display surface area of all tenant attached signs shall not exceed 1 sq. ft. for each 1 linear ft. of exterior wall to which the signs are attached, or 50 sq. ft., whichever is greater. Setback – N/A Height – 24 ft. maximum if located within 200 ft. of a residential zone. Illumination – Push thru or indirect only. Other limitations – None. 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. Item 1 mjp c:\users\mely\appdata\local\microsoft\windows\temporary internet files\content.outlook\dfvj7sbk\43 - 14-o-43.doc 8/14/2014 3:54 PM #1 Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL Item 1 mjp c:\users\mely\appdata\local\microsoft\windows\temporary internet files\content.outlook\dfvj7sbk\43 - 14-o-43.doc 8/14/2014 3:54 PM #2 SECTION 25%m22 COMPUTATION OF SIGN AREA, NUMBER, HEIGHT, POWER LINE SETBACK AND OTHER SETBACKS. (A) In computing the area of all signs permitted under this chapter, the same shall be computed as follows: (2) The display surface area of an attached sign consisting of word(s), image(s), logo(s) or trademark(s) that are painted on, attached to or otherwise affixed to a surface such as a wall, window, or any other surface not specifically designed to serve as a sign background, and are not enclosed byabox or outline, shall be the sum of the area(s) within an imaginary rectangular box around each word, image, logo or trademark, with the size of the box being the area within same, calculated by multiplying the height by the width, without regardt6 whether or not the wall, window, or other surface not specifically designed to serve as a sign background is internally illuminated, externally illuminated, or non-illuminated. The height of the box shall be the vertical distance between the tallest and -lowest letter or image in the word; or the distance between the top and bottom of an image, logo, or trademark which is not part of a word. The width shall be the horizontal distance between the outermost distant letter(s), image(s), logo(s), trademark(s) or combination thereof within a word; or the horizontal distance between the outermost edge of any image, logo or trademark not a part of a word. (3) The display surface area of a sign consisting of connected letters or letters, wor~(~), ifl1age(s), logo(§) or trademark(~) enclosed by a box or outline of any kind shall be the total area of the sign including the background, box or outline. ITt,N1 1  - - [xiv] Tenant Sign: liQ.§ - Attached. ) Number - 3 per exterior 'Wall; 4 per building maximum. Display surface area - No single attached sign shall be wider than 75% of the width of the exterior wall to which it is attached; and faa] If the exterior wall to which the signage is attached is within 100 ft. of the ROW, no single sign shall exceed 1.5 sq. ft. per linear foot of exterior wall to which it is attached or 100 sq. ft., whichever is less, and the aggregate of all signage attached to that exterior wall shall not exceed 150 sq.' ft. '[bb] If the exterior wall to which the signage is attached is more than 100 ft. but not more than 200 ft. from the ROW, no single sign shall exceed 1.5 sq. ft. per linear foot of exterior wall to which it is attacned or 125 sq. ft., whichever is less, and the aggregate of all signage attached to that exterior wall shall not exceed 175 sq. ft. fcc] If the exterior wall to which the signage is attached is more than 200 ft. but not more than 400 ft. from the ROW, no single sign shall exceed 1.5 sq. ft. per linear foot of exterior wall to which it is attached or 150 sq. ft., whichever is less, and the aggregate of all signage attached to that exterior wall shall not exceed 200 sq. ft. [dd] If the exterior wall to which the signage is attached is more than 400 ft. from the ROW, no single sign shall exceed 1.5 sq. ft. per linear foot of exterior wall to which it is attached or 200 sq. ft., whichever is less, and the aggregate of all signage attached to that ~xterior wall shall not exceed 250 sq. ft. Setback - NIA. Height - 24 ft maximum if located within 200 ft of a residential zone. Illumination - Push-thru or indirect only. Other limitations - None. jTiM J  ORDINANCE 14-O-43 amending Murfreesboro City Code, Chapter 25¼— Signs, Sections 25¼-22 and 25¼-26, dealing with signs. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 25¼-22, Computation of Sign Area, Number, Height, Power Line Setback and Other Setbacks, of the Murfreesboro City Code is hereby amended at subsections (A)(2) and (A)(3) by deleting same in their entirety and replacing them with the following: (2) The display surface area of an attached sign consisting of word(s), image(s), logo(s) or trademark(s) that are painted on, attached to or otherwise affixed to a surface such as a wall, window, or any other surface not specifically designed to serve as a sign background, and are not enclosed by a box or outline, shall be the sum of the area(s) within an imaginary rectangular box around each word, image, logo or trademark, with the size of the box being the area within same, calculated by multiplying the height by the width, without regard to whether or not the wall, window, or other surface not specifically designed to serve as a sign background is internally illuminated, externally illuminated, or non-illuminated. The height of the box shall be the vertical distance between the tallest and lowest letter or image in the word; or the distance between the top and bottom of an image, logo, or trademark which is not part of a word. The width shall be the horizontal distance between the outermost distant letter(s), image(s), logo(s), trademark(s) or combination thereof within a word; or the horizontal distance between the outermost edge of any image, logo or trademark not a part of a word. 3) The display surface area of a sign consisting of connected letters or letters word(s), image(s), logo(s) or trademark(s) enclosed by a box or outline of any kind shall be the total area of the sign including the background, box or outline. Example: SECTION 2. Section 25¼-26, On-Site Permanent Sign Requirements, of the Murfreesboro City Code is hereby amended at subsection (C)(5)(c)[1][xiv] by deleting same in its entirety and replacing it with the following: [xvi] Tenant Sign: Type – Attached Number – N/A Display Surface Area – The combined display surface area of all tenant attached signs shall not exceed 1 sq. ft. for each 1 linear ft. of exterior wall to which the signs are attached, or 50 sq. ft., whichever is greater. Setback – N/A Height – 24 ft. maximum if located within 200 ft. of a residential zone. Illumination – Push thru or indirect only. Other limitations – None. 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. mjp \\puckett\legal\files\council\ordinances\2014\43 - 14-o-43.doc 7/25/2014 9:59 AM #1 Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2014\43 - 14-o-43.doc 7/25/2014 9:59 AM #2  . . . creating a better quality of life August 18, 2014 REGULAR AGENDA HONORABLE MAYOR AND MEMBERS OF MURFREESBORO CITY COUNCIL RE: Resolution 14-R-23 Staff is requesting modification of certain bill paying procedures adopted in Resolution 11- R-15. Background In 2011, the City Council authorized the delegation of certain bill review and approval responsibilities to members of staff other than the City Manager. A copy of Resolution 11- R-15 is attached. Experience has led to this request for further expansion of that authority. Section D of Resolution 11-R-15 allowed the City Recorder and Human Resources Director to approve the payroll register. At this time, staff is requesting that this authorization be expanded to include the Assistant Human Resources Director as an alternative to the Human Resources Director. The request is made based on the alignment of functions within that department and to provide for redundancy. Staff is also asking that the scope of the approval make clear that approval of the “payroll register” includes all the payments inherent therein, e.g. payroll deductions such as the insurance premiums. Staff is also asking that a combination of the City Recorder and either the Human Resources Director or Assistant Human Resources Director be accepted as an alternative to the City Manager for approval of payments from the Insurance Fund. Under Section F.3 of Resolution 11-R-15, only the City Manager can currently approve such an expenditure. Because Insurance Fund payments to our TPA for medical claims must be made on a weekly basis and Council meets less frequently, staff is asking for clear authority to make such payments in advance of Council approval. Fiscal Impact None Concurrences Legal Department 111 W. Vine St. * PO Box 1044 * Murfreesboro, Tennessee 37133-1044 Phone 615 849 2616 * Fax 615 849 2662 * TDD 615 849 2689 www.murfreesborotn.gov The City Manager, City Recorder and Human Resources Director are requesting these changes. Recommendation It is recommended that City Council approve Resolution 14-R-23. Attachments 1. Resolution 11-R-15 2. Resolution 14-R-23 Sincerely, Susan Emery McGannon City Attorney  RESOLUTION 14-R-23 regarding payment approvals by modifying Resolution 11-R-15. WHEREAS, Resolution 11-R-15 established certain procedures for payment approval in accordance with the Financial Policies adopted by the City Council and with City Charter and Code provisions; and, WHEREAS, staff believes it is appropriate to modify certain provisions of Resolution 11-R-15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The City Manager is not, regardless of amount, required to specifically approve the payroll register or any payment made based on payroll deductions (e.g. health, vision dental and life insurance premiums; deferred compensation payments; United Way donations). Said payments may be made if approved by the City Recorder and either the Human Resources Director or the Assistant Human Resources Director. SECTION 2. Payments from the Insurance Fund may be paid if approved by the City Manager or if approved by the City Recorder and either the Human Resources Director or the Assistant Human Resources Director. SECTION 3. Insurance Fund claim payments to the City’s third party administrator for medical coverage may be paid on a weekly basis without City Council approval; all such payments shall be reported to the City Council. SECTION 4. 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 Susan Emery McGannon City Recorder City Attorney mjp \\puckett\legal\files\council\resolutions\2014\23- 14-r-23.doc 8/18/2014 3:47 PM #1