City Council

March 15, 2018 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, March 15, 2018, 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 Council Member Kirt Wade was absent and excused from this meeting. The following representatives of the City were also present: James Crumley, Interim City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Matthew Blomeley, Assistant Planning Director Chris Lilly, Information Technology Director 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 stepped down to the podium to present a Proclamation declaring March 15, 2018 as American Association of University Women Day. This organization recognizes the value of education and an equitable society and the laudable work of the AAUW to that end. Mayor McFarland presented a Proclamation declaring March 2018 as National Athletic Training Month which raises public awareness of the importance of the athletic training profession and to emphasize the importance of quality health care. Mayor McFarland presented a Proclamation declaring April 1, 2018 as the one day to proclaim that State Route 1 Interchange at State Route 10 be named Bridgey McBridgeface. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Community Development Director: Housing Rehabilitation Change Order No. 1 for 1603 Minerva Drive. 2) Letter of recommendations from the Chief of Police: Purchase of Thin Client Devices to Conference Rooms and Building Audio-Visual Systems at the new Murfreesboro Police Headquarters. 3) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018. 4) Request from Bruce Gilley Memorial Foundation to hang a banner across East Main Street from August 21-31, 2018 (Event: Run for Him 5K/10K). (Insert letters from the Community Development Director, Chief of Police, and City Recorder/Finance Director here.)  March 15, 2018 Page 2 Mr. Smotherman made a motion to approve the Consent Agenda in its entirety. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. Mr. Smotherman made a motion to approve the minutes as written and presented for the special meeting held on March 5, 2018 (2018-2019 FY Budget) and the special joint meeting held on March 8, 2018 (Parks & Recreation Commission and City School Board). Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 18-OZ-03 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 3.28 acres along South Church Street and Volunteer Road as Commercial Fringe (CF) District, simultaneous with annexation; Murfreesboro Medical Center Properties, applicant [2017-450],” which passed first reading on March 8, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Smotherman, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-03 here.) An ordinance, entitled “ORDINANCE 18-OZ-06 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 2 acres along Memorial Boulevard as Highway Commercial (CH) District, simultaneous with annexation; Cynthia Keathley applicant [2017- 447]”, which passed first reading on March 8, 2018, 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 Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-06 here.)  March 15, 2018 Page 3 The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated March 12, 2018 here with regards to Fiscal Year 2018 Budget Amendment 18-O-13.) An ordinance, entitled “ORDINANCE 18-O-13 amending the 2017-2018 Budget (3rd Amendment)”, 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: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Nay: None The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated March 8, 2018 here with regards to scheduling public hearings to consider Annexation Plan of Services, Annexation & Zoning (RS-6), simultaneous with annexation, along Twin Oak Drive; Rezoning (MU & GDO-3) along Medical Center Pkwy & Warren St; Amend Victory Station PUD along Fortress Blvd & Franklin Rd; Annexation Plan of Services, Annexation & Zoning (PRD), simultaneous with annexation, (Carters Retreat PRD) along Bradyville Pk & Veals Rd; and PSO Amendment for Stones River Mall PSO along Old Fort Pkwy & Stones River Mall Blvd.) The following RESOLUTION 18-R-PH-14 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-14 here to schedule a public hearing for April 12, 2018 to consider rezoning approximately 1.6 acres along Medical Center Pkwy & Warren St from Single-Family Residential Fifteen (RS-15) District and Gateway Design Overlay 4 (GDO-4) District to Mixed Use (MU) District and Gateway Design Overlay 3 (GDO-3) District [2018-402]; One Nine Investments MCP, LLC, applicant.) The following RESOLUTION 18-R-PH-15 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland  March 15, 2018 Page 4 Nay: None (Insert RESOLUTION 18-R-PH-15 here to schedule a public hearing for April 12, 2018 to consider a proposed amendment to approximately 130 acres in the Planned Unit Development (PUD) District located along Fortress Blvd and Franklin Rd (Victory Station PUD) to amend the PUD (Victory Station PUD) [2018-405]; Swanson Development, applicant.) The following RESOLUTION 18-R-PH-16 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-16 here to schedule a public hearing for April 12, 2018 to consider a proposed amendment to approximately 48.21 acres in the Planned Signage Overlay (PSO) District located along Old Fort Pkwy & Stones River Mall Blvd (Stones River Mall PSO) [2018-406]; SVAP II Stones River, LLC, applicant.) The following RESOLUTION 18-R-PH-17 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-17 here to schedule a public hearing for May 3, 2018 to consider (1) adoption of a Plan of Services for and annexation of approximately 17.96 acres and (2) zoning of approximately 17.96 acres, simultaneous with annexation, along Twin Oak Dr to Single-Family Residential Six (RS-6) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2018-513 & 2018-433]; Mitchell Bowman and Rutherford County Habitat for Humanity, applicant.) The following RESOLUTION 18-R-PH-18 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Nay: None  March 15, 2018 Page 5 (Insert RESOLUTION 18-R-PH-18 here to schedule a public hearing for May 3, 2018 to consider (1) adoption of a Plan of Services for and annexation of 145.2 aces and (2) zoning of approximately 134 acres along Bradyville Pike and Veals Road, simultaneous with annexation, to Planned Residential Development (PRD) District (Carter’s Retreat PRD) and zoning of approximately 0.1 acre to Single-Family Residential Ten (RS-10) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2018-501 & 2018-404]; Kenneth S. Carter and SourceLand, LLC applicants.) The following letter of recommendations from the Assistant City Manager was presented to the Council: (Insert letter dated March 15, 2018 here with regards to Agreement with Vanderbilt University Medical Center to purchase Gateway property along Garrison Drive and future extension of Northfield Boulevard.) Mr. LaLance addressed issues with location and traffic and the question of this being sustainable from an infrastructure standpoint since this would be in proximity to the hospital. It didn’t make sense for the hospitals to all be in one location. He felt there were other areas in the City that Vanderbilt could consider. The City Manager noted that there is a small portion of property from New Vision Baptist Church that the City needs to acquire; however, if there is a remnant left between the proposed Vanderbilt property and the church property, it would be very narrow and potentially landlocked. It would only be of value to the church, and the City would consider selling it to them. Staff addressed questions from the Council regarding traffic and road connections to this proposed project. Mr. Shacklett made a motion to accept the recommendation of the Assistant City Manager to authorize the sale of approximately 11-14 acres of property in the Gateway District to Vanderbilt University Medical Center for a total approximate cost of $4 Million, depending on determination of final acreage which is subject to final road design, site plans and a final boundary survey. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”, except Mr. LaLance voted “Abstain”. The City Recorder/Finance Director indicated there were no Beer Permits to consider for approval. Mayor McFarland indicated there were no Board and Commission appointments to be made. The City Recorder/Finance Director indicated there were no statements to consider for payment. Under other business, the following letter of recommendations from the Information Technology Director was presented to the Council:  March 15, 2018 Page 6 (Insert letter dated March 15, 2018 here with regards to bids for the purchase and implementation of PRI Telephony Service.) Mr. LaLance made a motion to accept the recommendation of the Information Technology Director to approve the lowest responsive and responsible bid from Comcast for the purchase, installation and monthly service of PRI Telephony Service for a one-time installation fee of $3,174.70; monthly telephone service (City-wide) in the amount of $6,507.75; and long distance $.03 per minute after 4600 minutes utilized. Vice-Mayor Scales Harris 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 March 15, 2018 here with regards to “Contract to Sell” a remnant parcel consisting of approximately 1.7 acres along Florence Road.) The Assistant City Attorney’s letter indicated there was one bidder; however, it was noted by the City Manager that there was a second bidder. The Assistant City Attorney said the second bid was substantially lower than the first bid of $101,150.00. Mr. Smotherman questioned if the value of the property may have changed with the development of the Dollar General Store and the retail operation across the street from it. The Assistant City Attorney noted that the value of the property is limited because of access and the shape due to necessary setbacks and the existing sewer easement that is on the edge of it. The party who bid on this parcel was involved in the Dollar General Store transaction. The value of this piece of property reflects the fact that Dollar General Store was locating to this location. Mr. Shacklett made a motion to accept the recommendation of the Assistant City Attorney. Motion failed for lack of a second. Mr. Smotherman said he wanted more time to go out and look at the property to see if this was a fair price. Mr. LaLance advised staff that matters of this sort coming up under other business could be anticipated to be deferred in the future when Council has not had sufficient time to process the information. Mr. Smotherman made a motion to defer said recommendation. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 7:45 p.m. SHANE MCFARLAND - MAYOR ATTEST:  March 15, 2018 Page 7 MELISSA B. WRIGHT - CITY RECORDER