City Council

April 13, 2017 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its regular meeting place in the Council Chambers at City Hall at 7:00 p.m. on Thursday, April 13, 2017, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade The following representatives of the City were also present: Robert J. Lyons, City Manager James Crumley, Assistant City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Donald Anthony, Principal Planner Karl Durr, Chief of Police Angela Jackson, Parks & Recreation Director Nate Williams, Assistant Parks & Recreation Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Kirt Wade commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Assistant Planning Director: Amendments to Subdivision Regulations & Street Design Specifications regarding telecommunications equipment and fiber optic cable in the public right-of-way; City of Murfreesboro Legal Department, applicant. 2) Letter of recommendations from the Street Division Superintendent: A. Purchase of a 2017 Ford F-250 Crew Cab 4x4 Truck. B. Purchase of a 2017 Ford F-350 Crew Cab 4x4 Truck with 9’ Dump Bed. C. Purchase of a New Holland TS6.110 Tractor with Boom Mower. 3) Letter of recommendations from the Fire & Rescue Chief: Purchase of a Replacement Vehicle & Emergency Accessories with Risk Management Funds. 4) Letter of recommendations from the Chief of Police: A. Purchase of Active Shooter Response Kits. B. Conveyance of Retired Police K-9. 5) Request of Murfreesboro Parks & Recreation to hang a banner across East Main Street August 18-28, 2017 (Event: City Tennis Tournament). (Insert letters from the Assistant Planning Director, Street Division Superintendent, Fire & Rescue Chief and Chief of Police here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to approve the minutes as written and presented for the special meetings held on April 6, 2017 (Middle Tennessee Boulevard) and April 6, 2017  April 13, 2017 Page 2 (Public Comment). Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the second and final reading of Ordinance 17-O-11 amending the 2016-2017 Budget (4th Amendment) has been deferred. The following letter of recommendations from the Chief of Police was presented to the Council: (Insert letter dated April 3, 2017 here with regards to request for personnel allocation increase for Sex Offender Coordinator.) The Chief of Police recognized Detective Jennifer West who is responsible for the sex offender registry in addition to other assigned duties. The addition of this position would allow Detective West to have more time in the field to make site visits. Mr. LaLance made a motion to approve the additional personnel allocation for the position of a Sex Offender Coordinator. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Assistant Planning Director was presented to the Council: (Insert letter dated April 6, 2017 here with regards to scheduling public hearings for zoning along Kings Highway & Bridge Avenue (RD) (L-I); Victory Station PUD Amendment; and Zoning Ordinance Amendments.) The following RESOLUTION 17-R-PH-12 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-12 here to schedule a public hearing for May 18, 2017 to consider rezoning approximately 4.8 acres located along Kings Highway and Bridge Avenue from Single-Family Residential Eight (RS-8) District to Residential Duplex (RD) District (approximately 1 acre); Highway Commercial (CH) District to Residential Duplex (RD) District (approximately 0.5 acres); and Heavy Industrial (H-I) District to Light Industrial (L-I) District (approximately 3.3 acres); Sword of the Lord Foundation, applicant [2017-405].) The following RESOLUTION 17-R-PH-13 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade  April 13, 2017 Page 3 Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-13 here to schedule a public hearing for May 18, 2017 to consider a PUD Amendment for approximately 17.3 acres to amend the Victory Station PUD [2017-407]; Swanson Development, applicant.) The following RESOLUTION 17-R-PH-14 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-14 here to schedule a public hearing for May 18, 2017 to consider amendments to the Zoning Ordinance regarding Section 31: Wireless Telecommunications Towers and Antennas; Section 9: Standards for Special Permit Uses; Section 27: Landscaping and Screening; Table 2: Buffer Zone Requirements; Chart 4: Required Off-Street Parking and Queuing Spaces by Use; and Chart 1: Uses Permitted by Zoning District [2017-802]; City of Murfreesboro Planning and Legal Departments, applicant.) The following letter of recommendations from the Assistant Planning Director was presented to the Council: (Insert letter dated April 6, 2017 here with regards to RESOLUTIONS 17-R-07 AND 17-R-08, North Highland Avenue Planning Study and Historic Bottoms Planning Study.) The Assistant Planning Director recognized the presence of Mr. Randy Caldwell, with Ragan Smith & Associates, who was the Planning Consultant for the North Highland Avenue Planning Study and Historic Bottoms Planning Study. He extended thanks to both Steering Committees, appointed by the Mayor and Council, who made recommendations of support to the Planning Commission for these two projects. The following RESOLUTION 17-R-07 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: None (Insert RESOLUTION 17-R-07 here in acknowledgment and support of the City of Murfreesboro Historic Bottoms Planning Study.)  April 13, 2017 Page 4 The following RESOLUTION 17-R-08 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: None (Insert RESOLUTION 17-R-08 here in acknowledgment and support of the City of Murfreesboro North Highland Avenue Planning Study.) The following letter of recommendations from the Assistant City Engineer was presented to the Council: (Insert letter dated April 13, 2017 here with regards to Design Contract for Burnt Knob Road; Engineering & Environmental Services for West Park; and Design Contract for Perlino Drive Bridge.) Mr. LaLance made a motion to accept the recommendation of the Assistant City Engineer to approve a Design Contract with Huddleston-Steel Engineering, Inc. in an amount “not to exceed” $180,000, funded from loan proceeds of the 2017 Bond Issue, and authorize the Mayor to execute said agreement following review by the City Attorney. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the Assistant City Engineer to approve proposals from Griggs & Maloney, Inc. in the amount of $168,000, funded from proceeds of the 2016 and 2017 loans, for engineering and environmental services, and authorize the Mayor to execute said proposals following review by the City Attorney. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. Wade made a motion to accept the recommendation of the Assistant City Engineer to approve a Development Agreement with Ole South (includes 50/50 cost sharing agreement for design, permitting, and construction) and approve a Design Services Contract with Huddleston-Steele Engineering, Inc. in an amount “not to exceed” $113,000.00, City’s portion of design cost funded from 2016 Bond Issue, and authorize the Mayor to execute said Development Agreement with Ole South following review and final approval of the City Manager and City Attorney. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Parks & Recreation Director was presented to the Council: (Insert letter dated April 13, 2017 here with regards to Master Plan for West Park Development; Agreement with ETS for Credit and Debit Card Services; and  April 13, 2017 Page 5 Adjustment to Budget for the Miracle Field Project’s A & E Services.) Mr. LaLance made a motion to accept the recommendation of the Parks & Recreation Director to approve the West Park Master Plan. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Mr. Shacklett made a motion to accept the recommendation of the Parks & Recreation Director to approve an Agreement with ETS for Credit and Debit Card Services. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the Parks & Recreation Director to approve an adjustment to the Contract with Lose & Associates, Inc for professional services for the Miracle Field project. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The Parks & Recreation Director announced that there will be a Grand Opening Celebration of the Miracle Field at McKnight Park on May 6, 2017 at 12:00 noon. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to reappoint Mr. James Jones and Mr. George Huddleston, Jr. to the Airport Commission for another term of three years expiring on February 28, 2020; reappoint Mr. Edward E. Miller, Jr. to the Murfreesboro Housing Authority for another term of five years expiring on May 3, 2022; and reappoint Mr. Ronald Lindsey and Mr. Brian Patterson to the Cable Television Commission for another term of three years expiring on April 30, 2020. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented a Special Event Beer Application for Saint Thomas Rutherford Foundation, 1700 Medical Center Parkway, for the “Wine around the Square” fundraiser event on September 16, 2017 and another event to raise funds for the “Uninsured” on November 6, 2017 at 2261, 2260 and 2256 Oakleigh Drive. This application has met the requirements. A Beer Permit Application was presented for Dos Rancheros Mexican Restaurant (ownership/name change) at 2458 Old Fort Parkway. This application is pending completion of all building and codes inspections. Mr. LaLance made a motion to approve a Special Event Beer Permit for Saint Thomas Rutherford Foundation and approve a Beer Permit for Dos Rancheros Mexican Restaurant upon successful completion of all building and codes inspections. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following statement was presented to the Council with the recommendation of the City Manager and City Recorder/Finance Director its payment be approved: From Airport Fund: Eastern Aviation Fuels, Inc. $ 27,694.35  April 13, 2017 Page 6 Mr. Smotherman made a motion to approve payment of the statement as recommended by the City Manager and City Recorder/Finance Director. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Under other business, Mr. Smotherman made a motion to accept the recommendation of Mayor McFarland to place a moratorium, effective immediately, on the processing of submittal for a motor vehicle sales use, whether a new use, a chance of use or and expansion or extension of existing use. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The Assistant City Attorney addressed the first item on the Consent Agenda regarding the Planning Commission’s amendments to Subdivision Regulations & Street Design Specifications regarding telecommunications equipment and fiber optic cable in the public right-of-way. A representative of Crown Castle was present who submitted a letter for the record stating their objections to these amendments. Crown Castle has been working with the City’s Legal, Transportation and Engineering Departments as well as MED for a proposed small cell project within the City of Murfreesboro. The Assistant City Attorney had no response to the objections presented other than to say staff believes that the regulations proposed are valid and acceptable. The City Attorney presented for consideration a “Release and Termination of Right to Repurchase” the Consumers Realty property in the Gateway. This property was developed within the required time-period, and Consumers Realty now seeks to a clear title to the property by removing the “Right to Repurchase”. He recommended that Council authorize the Mayor to sign the release for the City to record and clear the title on the property. Mr. LaLance made a motion to authorize the Mayor to sign the Release and Termination of Right to Repurchase Consumers Realty property as recommended by the City Attorney. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. LaLance addressed the bids for the Community Technology Center coming in higher than anticipated and made a motion to approve an additional $200,000 for the City’s portion of that project. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Mayor McFarland noted that there will be a third town hall meeting on the southeast side of town on May 7, 2017 at 3:00 p.m. at Olive Branch Church, 1115 Minerva Drive. There being no further business, Mayor McFarland adjourned this meeting at 7:36 p.m.  April 13, 2017 Page 7 SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER