City Council

July 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, July 13, 2017, with Vice-Mayor Madelyn Scales Harris present and presiding and with the following Council Members present and in attendance, to wit: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Mayor Shane McFarland was absent and excused from this meeting. The following representatives of the City were also present: Robert J. Lyons, City Manager Erin Tucker, Assistant Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Gary Whitaker, Planning Director Donald Anthony, Principal Planner Amelia Kerr, Sign Administrator Darren Gore, Water & Sewer Director Mark Foulks, Fire & Rescue Chief Angela Jackson, Parks & Recreation Director Marty McCurry, Golf Course Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Police Officer Chris Williams, Associate Pastor at First Baptist Church, commenced the meeting with a prayer, offering a special prayer for the recovery of Murfreesboro Police Officer Matt Stern who was recently in a serious motorcycle accident while on duty. Vice- Mayor Madelyn Scales lead those present with the Pledge of Allegiance and then paused for a moment of silence for Officer Stern. Vice-Mayor Scales Harris joined Ms. Angela Jackson, Parks & Recreation Director, and Ms. Pam Williams, Parks & Recreation Program Coordinator, at the podium to induct the following first Laureates into the Murfreesboro Cultural Arts Laureate Program: Ms. Kory Wells, Poet Laureate; Ms. Ginny Togrye, Painter Laureate; and Ms. Jessica Nelson, Photography Laureate. Each appointed Laureate will serve a one-year term in which they will complete new work inspired by Murfreesboro. Their crafts will be exhibited at City events, and they will complete several community outreach arts-related projects that will target underserved audiences. Mr. Marty McCurry, Murfreesboro Golf Course Manager, and the Old Fort Golf Commission, honored Mr. Tracy Wilkins, former Golf Course Manager, with Golf Pro Emeritus Status. Mr. Wilkins spent his entire career of 30 years with the City of Murfreesboro and as a respected golf professional not only in the City but state-wide as well and has served on various boards. Mr. McCurry said he is the kind of guy P.G.A. of America needs and wants which is basically saying “a job well done and forever you will be the Golf  July 13, 2017 Page 2 Pro at Murfreesboro Old Fort Golf Course”. The City Manager announced that Tracy’s wife, Ann, will be retiring from the City next Friday which will be the first time in many years that the City will be without a “Wilkins” at Old Fort Golf Course. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Parks & Recreation Director: Agreement with Linebaugh Public Library System regarding the Myrtle Glanton Lord (MGL) Library at Patterson Community Center. 2) Letter of recommendations from the Transportation Director: Master Service Agreement with Site Engineering Consultants (SEC), Inc. for Professional Services. 3) Letter of recommendations from the Street Superintendent: Guard Rail Repair/Replacement. 4) Letter of recommendations from the Airport Commission: Contract with Eastern Aviation Fuels to supply Murfreesboro Airport with Avgas & Jet A fuels for resale. 5) Letter of recommendations from the Assistant Human Resources Director: A. Benefits Program & Associates Services (Medical & Pharmacy). B. Section 125 Plan Administration (Flexible Spending Account). C. Employee Assistance Program. D. Qualified Licensed Insurance Carriers for Life & Disability Insurance. 6) Letter of recommendations from the City Schools Assistant Superintendent: Change Order No. 1 with LanLink Communications for additional funding for Performance Bond and Payment Bond. 7) Letter of recommendations from the Assistant Transportation Director: Contract with Mid-Cumberland Human Resource Agency (MCHRA) for Provision of Transit Services for FY 2018. 8) Letter of recommendations from the City Recorder/Finance Director: Engagement Letter for Annual Actuarial Services of Murfreesboro, Tennessee Employees’ Revised Pension Plan for Budget Year 2017-2018. 9) Letter of recommendations from the Community Development Director: A. Public Service Grant: Allocations for 2017-18. B. Emergency Solutions Grant: Allocations for 2017-18. 10) Letter of recommendations from the Water Resources Board: A. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. B. Memorandum of Understanding (MOU) with MTSU for Stormwater Education Services: Amendment to Renew for 2017-18. C. Professional Services Contract: Year 2 Extension. D. 2017 Murfreesboro WRRF Chemical Bids. E. Biosolids Parts. F. Purchase GE GlobalCare Support. G. Purchase Rockwell Automation TechConnect Support. H. Water & Sewer Custodial Contract. I. Engineering Services Proposal to Repair River Bank of West Fork Stones River near Cason Trail Greenway Trailhead. J. Award of Contract for 2016/2017 Sanitary Sewer Rehabilitation. K. Biosolids Master Plan-SSR Task Order 14-41-018.1, Amendment No. 2: Second Party Private Biosolids Drying Operations. l. Pump Station (PS) No. 09 Replacement & Sewer Rehabilitation along Ransom Drive. M. Asphalt Purchases Report. 11. Request to hang a banner across East Main Street from Stones River Craft Association: November 13-22, 2017 (Event: Annual Studio Tour). (Insert letters from the Parks & Recreation Director, Transportation Director, Street Superintendent, Airport Commission, Assistant Human Resources Director, City Schools Assistant Superintendent, Assistant Transportation Director, City Recorder/Finance Director, Community Development Director  July 13, 2017 Page 3 and Water Resources Board here.) Vice-Mayor Scales Harris withdrew Item 2 from the Transportation Director regarding Master Service Agreement with Site Engineering Consultants (SEC), Inc. for Professional Services. Mr. LaLance made a motion to approve the Consent Agenda with the deletion of Item 2. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. Mr. Wade made a motion to approve the minutes as written and presented for the regular meetings held on June 15, 2017 and June 22, 2017 and the special meeting held on June 28, 2017. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 17-OZ-17 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 amend the conditions applicable to approximately 50.2 acres in the Planned Unit Development (PUD) District (Victory Station (PUD) located along Fortress Boulevard, as indicated on the attached map; Swanson Development, applicant [2016- 460],” which passed first reading on June 22, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-17 here.) An ordinance, entitled “ORDINANCE 17-OZ-18 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 4.53 acres along New Salem Highway and Salem Creek Drive from Commercial Fringe (CF) District to Planned Commercial Development (PCD) District (Salem Creek Commons PCD); Development Management Group, applicant [2017-413],” which passed first reading on June 22, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Rick LaLance Bill Shacklett  July 13, 2017 Page 4 Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-18 here.) An ordinance, entitled “ORDINANCE 17-OZ-19 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 22.5 acres along Manson Pike and Brinkley Road from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Blackman Station PRD); Laws Bouldin, applicant [2016-459],” which passed first reading on June 22, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-19 here.) An ordinance, entitled “ORDINANCE 17-OZ-21 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 8.9 acres along Halls Hill Pike as Planned Residential Development (PRD) District (Heritage Place PRD), simultaneous with annexation; Ole South Properties, applicant [2017-412],” which passed first reading on June 22, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-21 here.)  July 13, 2017 Page 5 An ordinance, entitled “ORDINANCE 17-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 zone approximately 1.36 acres along Florence Road and Alexandria Drive as Commercial Fringe (CF) District, simultaneous with annexation; Chris Bratcher, applicant [2017-408],” which passed first reading on June 22, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-23 here.) An ordinance, entitled “ORDINANCE 17-O-25 amending Murfreesboro City Code Appendix A-Zoning, Section 9, Standards for Special Use Permits; Section 13, Planned Development Regulations; Section 14, Districts Established; Section 14A, Amenity Incentives for Multiple-Family Developments in the Multiple-Family Residential Districts; Section 19, Residential Districts; Section 24, Overlay District Regulations; Section 25, Temporary and Accessory Structures and Uses; Section 26, Off-Street Parking, Queuing, and Loading; Section 27, Landscaping and Screening; Chart 1, Uses Permitted by Zoning District; Chart 2, Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios; Chart 4, Required Off-Street Parking and Queuing Spaces by Use; Table 1, Adjacent and Proposed Zoning Districts; and Table 2, Buffer Zone Requirements; pertaining to single-family and multi-family housing; City of Murfreesboro Planning Department, applicant [2017-806],” which passed first reading on June 15, 2017, was read to the Council and offered for passage on second and final reading. Mr. Wade addressed the change in the number of units being decreased from 250 to 100 back to 250 which he did not feel addresses the Council’s concerns with the abundance of apartments. Council and staff discussed reducing the number of units to zero and require planned development for multi-family uses. Council agreed that anything referencing “100” units should be taken back to the Planning Commission for further discussion and extend the moratorium on RM-12 and RM-16 development for another 90 days.  July 13, 2017 Page 6 Mr. Wade made a motion to defer ORDINANCE 17-O-25 on second reading for two weeks. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. A motion to extend the moratorium for 90 days was not required. The Planning Director announced that the Planning Commission unanimously adopted the 2035 Plan except for Chapter 3 (Major Thoroughfare Plan) at their meeting last night. An ordinance, entitled “ORDINANCE 17-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 22.5 acres along New Salem Highway from Residential Multi-Family Sixteen (RM-16) District to Planned Residential Development (PRD) District (Bell Tower Apartments PRD); Castle Construction Co., applicant [2017-409],” was read to the Council and offered for passage on first reading. Mr. Donald Anthony, Principal Planner, presented documents from Mr. Matt Taylor, SEC, Inc., which addressed the following three major points that led to the deferral of this ordinance: Clarification of the security measures; E-mail from Ed and Kris Davis stating that the Salem Crossing HOA agrees with this development; and an exhibit illustrating site lines between the apartments and the nearest home and what would be visible at 300’. Mr. Wade made a motion to pass said ordinance on first reading. Mr. LaLance seconded the motion. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None The following letter from the Assistant City Attorney was presented to the Council: (Insert letter dated July 7, 2017 here with regards to ORDINANCE 16-OZ-60 to rezone an area along Wilkinson Pike.) The Assistant City Attorney reviewed the three mechanisms that establish the applicant’s commitments with respect to landscape buffer and for which will be enforceable against the applicant and his successors. The applicant will execute these documents and the Restrictive Covenants will be recorded prior to second reading of ORDINANCE 16-OZ-60. Staff responded to questions from Council regarding buffers and zoning. Mr. Matt Taylor, SEC, Inc., addressed Mr. LaLance’s questions regarding zoning and height of buildings. He noted that the piece of property on the west side of Greshampark  July 13, 2017 Page 7 has been completely restricted against the development of any apartments, and they are looking for a more generalized commercial zoning with MU. There is a restriction of no buildings within 50’ of Wilkinson Pike and no apartments whatsoever on that side. On the east side, it has been restricted to no buildings within a 100’ of Wilkinson Pike so that they can use the space, minus the buffer area, for parking. Any apartments within that new zoning would come back as a planned development if they are proposed. There is the continued commitment of no more than three stories within a hundred feet of either side which is the same height as the Chamber of Commerce. An ordinance, entitled “ORDINANCE 16-OZ-60 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 7.6 acres along Wilkinson Pike and Greshampark Drive from General Office (OG) District (2 acres) and Single-Family Residential Fifteen (RS-15) District (5.6 acres) to Mixed Use (MU) District and to remove the Wilkinson Pike Buffer on these properties; Tommy Smith, applicant [2016-448],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: Rick LaLance Council Member Eddie Smotherman left and was not present for the remainder of the meeting. Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-30 adopted by the City Council on June 15, 2017, to consider a proposed amendment to amend approximately 70.7 acres of the Planned Signage Overlay (PSO) District located at 1700-1840 Medical Center Parkway; St. Thomas-Rutherford Hospital applicant [2017-415]. Notice of said public hearing was published in the June 26, 2017 issue of a local newspaper as follows: (Insert notice here.) The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated July 5, 2017 here regarding first reading on ORDINANCE 17-OZ-30 amending the St. Thomas-Rutherford Hospital Planned Signage Overlay (PSO) District.) Ms. Amelia Kerr, Sign Administrator, presented the request of St. Thomas Rutherford Hospital to amend their existing Planned Signage Overlay (PSO) District to add two (2) 42 square foot St. Thomas heart signs to the existing Medical Office Building 2 (Seton Medical  July 13, 2017 Page 8 Building), one of which will be installed on the west elevation (front) and one on the south elevation (right). The signs will be constructed in accordance with the current PSO, the City Sign Ordinance, and Design Review Guidelines with regards to regulations for materials and size. This request has been approved by the Design Review Committee and approved by the Planning Commission. There were no questions from the Council. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to approximately 70.7 acres of the Planned Signage Overlay (PSO) District located at 1700-1840 Medical Center Parkway come forward to the podium. There was no one present who wished to speak for or against the proposed amendment and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-OZ-30 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 amend approximately 70.7 acres of the Planned Signage Overlay (PSO) District located at 1700-1840 Medical Center Parkway, as indicated on the attached map; St. Thomas-Rutherford Hospital, applicant [2017-415],” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Rick LaLance Bill Shacklett Kirt Wade Madelyn Scales Harris Nay: None The following letter of recommendations from the Murfreesboro Golf Course Director was presented to the Council: (Insert letter dated June 20, 2017 here with regards to a contract with Boyce Ballard Construction for the construction of a maintenance building/multi-purpose use facility at Bloomfield Links.) Mr. LaLance made a motion to accept the recommendation of the Golf Course Director to approve a contract with Boyce Ballard Construction in the amount of $236,806.00 to be funded from the Christy Houston Foundation ($125,000) and through prior bond issues from the Capital Improvement Program (CIP) ($111,806.00) for the construction of a maintenance building/multi-purpose use facility at Bloomfield Links. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Fire & Rescue Chief was presented to the Council: (Insert letter dated June 29, 2017 here with regards to the Fire Training Tower & Demolition Package at Guaranteed Maximum Price for the Doug Young Public Training Facility.)  July 13, 2017 Page 9 Mr. LaLance made a motion to accept the recommendation of the Fire & Rescue Chief to approve the Fire Training Tower & Demolition Package at Guaranteed Maximum Price for the Doug Young Public Training Facility in the amount of $1,949,545.00, funded from previously allocated CIP Funds. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Water Resources Board was presented to the Council: (Insert letter dated June 28, 2017 here with regards to SSR Engineering Task Order 09-47-001.3 for Waste Load Allocation Modeling (WLA) and Extension of SSR Engineering Task Order 09-47-001.2, Amendment No. 5, for 2017 East & West Fork Stones River Bioassessment Sampling.) Mr. LaLance made a motion to accept the recommendation of the Water Resources Board to approve SSR Engineering Task Order 09-47-001.3 for Waste Load Allocation Modeling (WLA) in the amount of $303,500.00, funded from Working Capital reserves. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the Water Resources Board to approve the extension of SSR Engineering Task Order 09-47-001.2, Amendment No. 5, for the 2017 East & West Fork Stones River Bioassessment Sampling for a net additional fee of $61,600 from previous approved fee ceilings, funded from Working Capital Reserves. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Assistant City Attorney was presented to the Council: (Insert letter dated June 23, 2017 here with regards to scheduling a public hearing to consider ORDINANCE 17-O-36 making certain clerical amendments to ORDINANCE 17-O-14 which, in pertinent part, amended the Murfreesboro City Code, Appendix A-Zoning, Sections 9 and 31, regarding cell towers, small cell antennas, and underground fiber optic cable.) The following RESOLUTION 17-R-PH-36 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-36 here scheduling a public hearing for August 17, 2017 with respect to amending the Murfreesboro City Code, Appendix A-Zoning, by repealing Ordinance 17-O-14 and replacing it with ORDINANCE 17-O-36; Planning Staff, applicant.)  July 13, 2017 Page 10 The following letter of recommendations from the Assistant Finance Director was presented to the Council: (Insert letter dated July 13, 2017 here with regards to RESOLUTION 17-R-20.) The following RESOLUTION 17-R-20 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-20 here adopting and incorporating a restated synopsis of Murfreesboro City Schools budget for the Fiscal Year 2017-2018, which budget includes a summary of the General-Purpose Fund, the Extended School Program Fund, the Federal and State Program Funds, the Cafeteria Fund, and the Debt Service Fund.) Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to make the following appointments/reappointments: *Board of Zoning Appeals (3-Year Term): Reappoint Mr. Davis Young (6/30/2020) & Mr. Tim Tipps (6/30/2020). *Historic Zoning Commission (5-Year Term): Reappoint Mr. David Becker (6/30/2022) & Mr. Jim Thompson (6/30/2022). *Parks & Recreation Commission (3-Year Term): Reappoint Dr. Gloria L. Bonner (6/30/2020), Mr. Timothy Roediger (6/30/2020) & Mr. Ricky R. Turner (6/30/2020). *Board of Electrical Examiners (4-Year Term): Reappoint Mr. Norman Brown (6/30/2021), Mr. Stan Harvey (6/30/2021) & Mr. Tony Ogles (6/30/2020). Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The Assistant Finance Director presented the following Beer Applications: WAW Discount Tobacco and Beer, 1600 Memorial Boulevard (ownership/name change); Target Store T-1126, 1851 Old Fort Parkway (new location); 4 M&M Market, 903 Mercury Boulevard, Suite C (new location); and Sal’s Pizza, 536 N. Thompson Lane (ownership change). All these applications are pending completion of all building and codes inspections. Mr. Wade made a motion to approve Beer Permits for WAW Discount Tobacco and Beer, Target Store T-1126, 4 M&M Market and Sal’s Pizza upon successful completion of all building and codes inspections. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following statement was presented to the Council with the recommendation of the City Manager and Assistant Finance Director its payment be approved: From Airport Fund: Eastern Aviation Fuels, Inc. $ 47,0l8.75  July 13, 2017 Page 11 Mr. LaLance made a motion to approve payment of the statement as recommended by the City Manager and Assistant Finance Director. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. There being no further business, Vice-Mayor Scales Harris adjourned this meeting at 7:53 p.m. MADELYN SCALES HARRIS – VICE-MAYOR ATTEST: ERIN TUCKER - ASSISTANT FINANCE DIRECTOR MELISSA B. WRIGHT - CITY RECORDER