City Council

November 30, 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, November 30, 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 Chris Griffith, City Engineer Gary Whitaker, Planning Director Jim Kerr, Jr., Transportation Director Mark Foulks, Fire & Rescue Chief Roger Toombs, Deputy Fire & Rescue Chief Sam Huddleston, Assistant City Engineer Ram Balachandran, Assistant Transportation Director/ Traffic Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Eddie Smotherman commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland recognized members of Youth Leadership Rutherford. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Chief of Police: A. Purchase of Uninterruptable Power Supply Units & Power Distribution Units for the Communication Tower Sites. B. Purchase of Power Distribution Units for the New Police Headquarters. C. Reclassify a vacant sworn Major’s position to a civilian position as a Public Information Officer (PIO). 2) Request to hang a banner across East Main Street from Rutherford County Habitat for Humanity: October 26-November 5, 2018 (Event: Cookin’ to Build). (Insert letter from the 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”. An ordinance, entitled “ORDINANCE 17-OZ-53 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 1.25 acres along Halls Hill Pike from Residential Multi-Family Sixteen (RM-16) District to Commercial Fringe (CF) District; Swanson Developments, LP, applicant [2017-431],” which passed first reading on November 9, 2017, was read to the Council and offered for passage on second and final reading upon motion  November 30, 2017 Page 2 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: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-53 here.) An ordinance, entitled “ORDINANCE 17-OZ-54 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 29.8 acres along Stones River Mall Boulevard from Residential Multi-Family Twenty-Two (RM-22) District to Park (P) District; City of Murfreesboro Administration Department, applicant [2017-437]”, which passed first reading on November 9, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-54 here.) An ordinance, entitled “ORDINANCE 17-OZ-55 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 1.17 acres along West Lytle Street from Commercial Highway (CH) District to Central Business Development (CBD) District; Chris Bilbro, applicant [2017-432],” which passed first reading on November 9, 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: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland  November 30, 2017 Page 3 Abstain: Rick LaLance Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-55 here.) An ordinance, entitled “ORDINANCE 17-OZ-56 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 2.7 acres along Ragland Avenue from Single- Family Residential Ten (RS-10) District to Planned Residential Development (PRD) District (Walker Station PRD); Sourceland, LLC, applicant [2017-436],” which passed first reading on November 9, 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: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-56 here.) The City Recorder/Finance Director presented for approval Certificates of Compliance for Wine in Retail Stores for: Circle K #3716, 1702 S. Rutherford Boulevard (Corporation/LLC). Circle K #3718, 2610 S. Church Street (Corporation/LLC). Circle K #3699, 3401 Memorial Boulevard (Corporation/LLC). These applications are for new locations and have met the City’s requirements. Approval by Council will allow them to move forward for State approval. Mr. LaLance made a motion to approve Certificates of Compliance for Wine in Retail Stores for Circle K #3716 at 1702 S. Rutherford Boulevard; Circle K #3718 at 2610 S. Church Street; and Circle K #3699 at 3401 Memorial Boulevard. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Transportation Director was presented to the Council: (Insert letter dated November 16, 2017 here with regards to Contract with Neel-Schaffer, Inc. for Design and Construction Engineering Services for the Adaptive Signal Control Technology (ASCT) Project on Rutherford/Northfield Boulevard.)  November 30, 2017 Page 4 Mr. Smotherman made a motion to accept the recommendation of the Transportation Director to approve a Contract with Neel-Schaffer, Inc. in the amount of $411,420.00 for Design and Construction Engineering Services for the Adaptive Signal Control Technology (ASCT) Project on Rutherford/Northfield Boulevard. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Fire & Rescue Chief was presented to the Council: (Insert letter dated November 30, 2017 here with regards to hiring Johnson + Bailey Architects P.C. for Architectural Services for new Fire Station on Blaze Drive; accept donation of trailer from Bridgestone America, L.L.C.; and approve to lease a rehab emergency support trailer.) The Fire & Rescue Chief addressed questions from City Council regarding architectural services for design, bidding and construction management. Vice-Mayor Scales Harris made a motion to accept the recommendation of the Fire & Rescue Chief to approve an Agreement with Johnson + Bailey Architects P.C. for an estimated fee of approximately $160,000.00 for Architectural Services for the new Fire Station No. 11 at 3920 Blaze Drive. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. Wade made a motion to approve the recommendation of the Fire & Rescue Chief to accept a donation of a 53’ Bridgestone Emergency Response Team enclosed trailer from Bridgestone America, L.L.C. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the Fire & Rescue Chief to approve a Lease Agreement with The Tennessee Federation of Fire Chaplains to lease a Rehab Emergency Support Trailer for a one-time payment of $13,500.00 for a term of 10 years with the option to renew the agreement for an additional 10 years. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The Planning Director addressed the current Census in progress and urged everyone to complete the information and send it back to the Planning Department. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated November 20, 2017 here with regards to Murfreesboro 2035 Comprehensive Plan [2017-S-101].) Mr. Gary Whitaker, Planning Director, gave a brief history on the Murfreesboro 2035 Comprehensive Plan which was adopted in July 2017 except for Chapter 3: Mobility (Transportation). The City had contracted with Neel-Schaffer, Inc. to draft the 2040 Major Transportation Plan which updates the 2025 Major Thoroughfare Plan adopted in 2003. This  November 30, 2017 Page 5 revised Transportation Plan sets priorities and identifies specific road construction projects over the next 20-25 years. The three themes that identify this plan are: 1) Improved Connectivity; 2) Improved Corridor Capacity on the fourth west to southeast corridor; and 3) Connecting the dots between some major road elements. The Planning Commission unanimously approved the Transportation Plan on November 8, 2017. Mr. Sam Huddleston, Assistant City Engineer, recognized the following team members who assisted in the development of the 2040 Major Thoroughfare Plan: City Manager, Mr. Rob Lyons; Assistant City Managers Mr. Jim Crumley and Ms. Jennifer Moody; Planning Director, Mr. Gary Whitaker; Assistant Planning Director, Mr. Matthew Blomeley; Transportation Director, Mr. Jim Kerr; Assistant Transportation Director/Traffic Engineer, Mr. Ram Balachandran; City Engineer, Mr. Chris Griffith; and Consultants from Neel Schaffer, Inc., Mr. Dana Richardson and Mr. Greg Judy. Mr. Whitaker gave a power point presentation on the 2040 Major Transportation Plan and answered questions from the Council. The following RESOLUTION 17-R-28 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. 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-28 here in acknowledgment and support of the City of Murfreesboro 2040 Major Transportation Plan.) The following letter of recommendations from the Assistant City Attorney was presented to the Council: (Insert letter dated November 21, 2017 here with regards to proposed Master Agreements with Crown Castle: Master Antenna Attachment Agreement and Master License Agreement regarding Use of City Right-of-Way.) Mr. David Ives, Assistant City Attorney, gave an overview of the agreements which deal with small cell antenna attachments on MED poles and some City light poles as well as use of City rights-of-way for installation of conduit for running fiber optic cable in the right- of-way but underground. The project will cover an area on Broad Street from Clark Boulevard to South Church Street and on Old Fort Parkway from Broad Street almost to Thompson Lane. Both agreements are 10-year agreements and automatically renew unless either party elects to terminate for any reason. Also, either party can terminate if there is a default. He recognized representatives from Crown Castle who were present.  November 30, 2017 Page 6 Vice-Mayor Scales Harris made a motion to accept the recommendation of the Assistant City Attorney to approve the Master Antenna Attachment Agreement. 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 Attorney to approve the Master License Agreement regarding Use of City Right-of-Way. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following RESOLUTION 17-R-29 was read to the Council and offered for adoption upon motion made by Mr. Wade, 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-29 here re-designating representatives for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program.) Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to appoint Mrs. Beth Brown for a three-year term to replace Mr. Shane Reeves on the Tennis Committee with term ending 11/01/2020. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented the following Beer Permit Applications for approval, pending completion of all building and codes inspections:  Mission BBQ, 2314 Medical Center Parkway, Suite A-5 (new location).  Burgerim, 2306 Medical Center Parkway, Suite B-1 (new location).  Pilot Travel Center #404, 2441 South Church Street (ownership change).  Florence Point, 2736 Florence Road, (ownership/name change).  Sabaidee Café, 505 Cason Lane, Suite E (ownership change).  Twice Daily #6149, 110 A John Rice Boulevard (name change).  Walmart Market Fuel #5182, 2472 New Salem Road (new location).  Rite Aid #11881, 1696 Middle Tennessee Boulevard (ownership change).  Rite Aid #4078, 2528 Old Fort Parkway (ownership change).  Rite Aid #11879, 2490 South Church Street (ownership change).  Rite Aid #11880, 2485 Memorial Boulevard (ownership change). Mr. Wade made a motion to accept the recommendation of the City Recorder/Finance Director to approve the above Beer Permit Applications subject to successful completion of all building and codes inspections. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director indicated there were no statements to be considered. Under other business, Mr. LaLance addressed naming the new bridge over Broad Street and proposed “First Responders Memorial Bridge” to honor those who take care of  November 30, 2017 Page 7 the community. The process is for City Council to come to a consensus and approve a name and then submit to the State for their review and approval. He requested that Council consider any other suggestions for discussion at a future meeting. Mr. Smotherman also felt that the public should have input on this matter. The City Recorder/Finance Director reminded citizens that the property taxes can be postmarked as late as January 2, 2018 without penalty due to December 31, 2017 falling on a weekend. The Tax Assessor’s Office had trouble printing and mailing out the tax bills which has caused confusion with taxpayers. She noted that tax bills can be reviewed on line or a request can be made to the Tax Department for a copy to be mailed or e-mailed. Failure to have payment postmarked by January 2, 2018 will impose an interest addition to the tax amount. There being no further business, Mayor McFarland adjourned this meeting at 8:20 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER