DATE: March 1, 2016
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
Paul Holzen, Director of Engineering
Jonathan Marston, Staff Engineer 3
SUBJECT:
title
Discussion Concerning The Murfreesboro Road (SR-96) Sidewalk/Trail Project (Pinkerton Park to Mack Hatcher Parkway Project)
body
Purpose
The purpose of this memorandum is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning the Murfreesboro Road (SR-96) Sidewalk/Trail Project, from Pinkerton Park to Mack Hatcher Parkway.
Background
As part of Resolution 2014-13, A Resolution to Adopt the Funding Plan for the FYI 2014-2018 CIP (Capital Investment Program), the BOMA approved $550,300 for a sidewalk project along Murfreesboro Road (SR-96), from Pinkerton Park to Mack Hatcher Parkway (SR-397). On February 19, 2015 and March 4, 2015, public hearings were held to obtain feedback from the local residents and the general public. The project was well supported by the residents with the majority of people in favor of the project. The main takeaways from those meetings were:
1) Request to provide accommodation for bicycles.
2) Request to add streetscape elements to the project.
After discussing these issues with the BOMA, it was determined to revise the project from a five (5) foot sidewalk to a ten (10) foot multi-use trail. Design of the project with curb and gutter versus an open ditch was also discussed. Ultimately, due to the required relocation of multiple overhead utilities with a curb and gutter section, the BOMA decided to proceed with an open ditch design. At the time city staff did not have any type of design and estimated the project cost at approximately $1,360,000. Staff was not directed to add bike lanes and streetscape elements to the project.
In November of 2015, CDM Smith was asked to evaluate sidewalk improvements within the 100-year flood plan associated with both the Harpeth River and North Ewingville Creek. Model simulations indicate that this would result in approximately 0.23 foot increase in the base flood elevation for approximately 400ft between Driveway 6 (713 Murfreesboro Rd) and Driveway 7 (717 Murfreesboro Rd). Based on our evaluation of existing topographic data and aerial photography, this does not appear to impact any existing structures/homes within the corridor study area. However, given this result of a rise in the base flood elevation (BFE), a Letter of Map Revision (LOMR) will be required.
On January 27, 2016, a third public meeting was held to present and to obtain additional feedback on the revised final design. This meeting was well attended, with many questions from the public. The response from the public was split between a five (5) foot sidewalk and the ten (10) foot multi-use trail. Property owners, who would be directly impacted by project construction, generally favored the five (5) foot sidewalk. There were also requests for limited streetscape elements (e.g. decorative lighting) with the project. There was also discussion about who would bear the liability in the event of an injury on a sidewalk or multi-use trail. After consultation with the Law Department, we discovered that it is possible that both the City and the adjacent property owner (and/or occupant, in the case of a leased property) could be held as jointly liable in such a case. Although the City wouldn’t own the sidewalk/trail outright (or “in fee”), the City would have a transportation easement or right-of-way for the purpose of public travel so they would be considered public City sidewalks by implied dedication and acceptance. Of course, the determination of any actual liability or fault would be fact-specific.
There has also been discussion about whether the City could prohibit bicycles on the sidewalk/multi-use path. Pursuant to Franklin Municipal Code Section 16-115, although roller skates, skateboards, and other similar play vehicles are currently prohibited on City sidewalks, bicycles are specifically left out of the prohibition. After consultation with the Law Department, we understand that the City may be able to restrict the use of bicycles on certain paths, but this is something that City staff would study more closely if directed by BOMA.
City staff is seeking BOMA direction on this project. Any major changes to the design will result in a 6-12 month delay to update the design and easement documents. Major utility relocations will delay the project up to 2 years. Below is a project schedule, assuming the BOMA approves the current project, a ten (10) foot multi-use trail with open ditch drainage:
Project Schedule (10-foot Multiuse Trail (Open Ditch))*
April 2016 Start Right-of-Way (ROW) Acquisition
August 2016 Finalize ROW Acquisition
September 2016 Advertise Bids
November 2016 BOMA to award Bids
Spring 2017 Start Construction (Estimated at 4 Months)
*Note: The five foot sidewalk with an open ditch would likely only require a two month delay to allow for design update/modifications.
Finical Impact
The design for the ten (10) foot multi-use trail with an open ditch is complete. The estimated construction cost has significantly increased based on the following issues, which were discovered during the design process:
• Relocation of 660 feet of sanitary sewer will be required
• Water services and meters will need to be relocated for the majority of the project
• The estimated amount of borrow and embankment material is much greater than anticipated
• Signal modifications were incorporated into the design to accommodate pedestrians
• Right-of-Way impacts were significantly greater than originally estimated/budgeted
Below is a summary of the funding spent and the estimated cost to complete the project:
Project Funding Spent as of 2/17/2016
Preliminary Design |
$13,747.50 |
Survey |
35,935.00 |
Flood Study |
7,000.00 |
Total |
$56,682.50 |

Note 1: Includes Right-of-Way Acquisition at intersections, easements and appraisal cost.
Note 2: Includes Relocation of water services and 660’ sanitary sewer.
Note 3: ATMOS Gas To relocate 1,662’ of Gas Main.
Note 4: MTEMC to relocate 4 utility poles.
Note 5: MTEMC to relocate 15 utility poles.
Note 6: MTEMC to relocate approximately 10 utility poles.
Note 7: MTEMC to relocate approximately 22 utility poles.
Note 8: AT&T to relocate 3,064’ underground telephone.
Note 9: AT&T to relocate 5,039’ underground telephone.
Recommendation
Staff seeks direction from the Board regarding any modification to the earlier decision to design a ten (10) foot multi-use path along Murfreesboro Road (SR-96), from Pinkerton Park to Mack Hatcher Parkway.