City Council

March 22, 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 22, 2018, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Eddie Smotherman Kirt Wade Council Members Rick LaLance and Bill Shacklett were 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 Donald Anthony, Principal Planner Angela Jackson, Parks & Recreation Director Pam Russell, Human Resources Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Kirt Wade commenced the meeting with a prayer. Cub Scout Pack No. 1615 from Walter Hill led those present with the Pledge of Allegiance. Mayor McFarland commented on the phenomenal season that the Blue Raiders Boys Basketball Team had this year which ended in Louisville, Kentucky on Sunday night. He addressed the 16-year career of Coach Kermit Davis who was relocating to Ole Miss and thanked him and his family for representing MTSU and the important role they played in this community. Mr. Greg Tucker, Rutherford County Historian, gave the historical background of the community that was called “Mink Slide” and the possible origin of that name. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Community Development Director: Housing Rehab for 1602 Fowler Drive. 2) Letter of recommendations from the Fire & Rescue Chief: A. RFCSP for Exhaust Removal Systems. B. Change Order No. 1: Fire Station 4 on Medical Center Parkway. 3) Letter of recommendations from the Parks & Recreation Director: Replacement of Parking Lot Light Fixtures. 4) Requests to hang banner across East Main Street: A. Girls Scouts of Middle Tennessee Recruitment Event: August 10-20, 2018. B. Murfreesboro Symphony Orchestra: *Salute to Veterans: November 5-12, 2018 (Event Date: November 9, 2018). *Sounds of Christmas: December 4-14, 2018 (Event Date: December 13, 2018). *February Concert: February 5-15, 2019 (Event Date: February 14, 2019). *Pops Concert: April 16-26, 2019 (Event Date: April 25, 2019).  March 22, 2018 Page 2 (Insert letters from the Community Development Director, Fire & Rescue Chief and Parks & Recreation Director here.) Mayor McFarland withdrew Item 2A from the Fire & Rescue Chief’s recommendation. Mr. Smotherman made a motion to approve the Consent Agenda with the exclusion of Item 2A. Mr. Wade 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 meeting held on March 8, 2018. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 18-O-13 amending the 2017-2018 Budget (3rd Amendment)”, which passed first reading on March 15, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Vice-Mayor Scales Harris, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-O-13 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-10 adopted by the City Council on February 15, 2018, to consider a proposed amendment to approximately 28.18 acres in the Planned Residential Development (PRD) District located along Veterans Parkway and Saint Andrews Drive (Kimbro Woods PRD); Kimbro Development Group, LLC, applicant [2017-423]. Notice of said public hearing was published in the March 6, 2018 issue of a local newspaper as follows: (Insert notice here.) The Assistant Planning Director presented the unanimous recommendation of the Planning Commission to amend approximately 28.18 acres in the Kimbro Woods PRD located along Veterans Parkway and Saint Andrews Drive. In 2017, the Kimbro Woods PRD was amended to expand the overall development. The developer and his design team discovered a typographical error in the approved Pattern Book for the minimum lot width being 60’ wide. The applicant indicated that the concept plan in the Pattern Book and the resulting density was based on 55’-wide lots. All other aspects of the City Council approved  March 22, 2018 Page 3 PRD plan in 2017, including density, will remain the same. Mr. Clyde Rountree, Huddleston- Steele Engineering, Inc., and Mr. Joey Smith, Developer, were present. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to the Kimbro Woods PRD located along Veterans Parkway and Saint Andrews Drive step forward to the podium. There was no one present who wished to speak for or against the proposed PRD amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-10 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 28.18 acres in the Planned Residential Development (PRD) District located along Veterans Parkway and Saint Andrews Drive (Kimbro Woods PRD), as indicated on the attached map; Kimbro Development Group, LLC, applicant [2017-423],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-11 adopted by the City Council on February 15, 2018, to consider a proposed amendment to rezone approximately 5.9 acres from Single- Family Residential Ten (RS-10) District to College and University (CU) District and approximately 1.4 acres from Local Commercial (CL) District to College and University (CU) District, located along City View Drive; MTSU Campus Planning, applicant [2018-401]. Notice of said public hearing was published in the March 7, 2018 issue of a local newspaper as follows: (Insert notice here.) The Assistant Planning Director presented the unanimous recommendation of the Planning Commission to approve rezoning an area along City View Drive to College and University (CU) District which consists of 10 parcels owned by MTSU and a portion of the main university campus. MTSU desires to build a new transportation facility to house their offices as well as a bus maintenance facility. The future land use map contained in the Murfreesboro 2035 Comprehensive Plan depicts a future land use classification of  March 22, 2018 Page 4 “Public/Institutional” for subject property. According to the plan, “institutional land uses include improved parcels and facilities that are held in the public interest and are usually exempt from real property taxation plus any service drives or roads inside the actual parcel. This category encompasses major City-owned facilities, plus other public and private buildings and sites with an institutional nature”. According to the plan, one of the appropriate “development types” for this category is “schools, colleges and universities”. Mr. Bill Waites, Interim Assistant Vice-President of MTSU Campus Planning, gave a synopsis of the program for the transportation facility which will be a 12,500-square foot building consisting mostly of office space for the Parking and Transportation Department as well as a small transaction area for students and guests of the university to use to acquire parking passes and conduct other business activities. There will also be a three-bay enclosed bus service area. The existing parking lot to the north will be utilized as an off-hours parking area for the MTSU shuttle buses. This site was identified in the 2016 Campus Master Plan for this usage. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of an area along City View Drive to College and University (CU) District come forward to the podium. There was no one present who wished to speak for or against the rezoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Smotherman disclosed that he is an MTSU employee and did not think that approving this rezoning would be constituted as a conflict of interest. The City Attorney concurred. An ordinance, entitled “ORDINANCE 18-OZ-11 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 5.9 acres from Single-Family Residential Ten (RS-10) District to College and University (CU) District and approximately 1.4 acres from Local Commercial (CL) District to College and University (CU) District, located along City View Drive, as indicated on the attached map; MTSU Campus Planning, applicant [2018- 401],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Vice-Mayor Scales Harris. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Eddie Smotherman Kirt Wade Shane McFarland Nay: None  March 22, 2018 Page 5 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-12 adopted by the City Council on February 15, 2018, to consider amending Murfreesboro City Code, Appendix A-Zoning, Section 13- Planned Development Regulations; Section 19-Residential Districts; Section 21-Commercial Districts; Chart 1-Uses Permitted by Zoning District; and Chart 1 Endnotes-Uses Permitted by Zoning District; pertaining to multi-family housing; City of Murfreesboro Planning Department, applicant [2017-809]. Notice of said public hearing was published in the March 6, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the Appendix A-Zoning amendments that would codify the requirement that multi-family residential be allowed only in planned developments with only two exceptions allowed. First, if the property is zoned College and University (CU) District, multi-family residential would still be a “by-right” use. All CU parcels, except for one, are owned by the State of Tennessee and located in or around the MTSU Campus. Second, if the property was zoned Residential Multi-Family Twelve (RM-12) District, Residential Multi-Family Sixteen (RM-16) District, Mixed Use (MU) District or Central Business (CBD) District on or prior to December 31, 2017, that property would retain multi-family residential as a “by-right” use. A new clause would be placed in Sections 19 and 21 of the Zoning Ordinance and a new Endnote would be added to Chart 1 indicating same. There are two other minor parts to this amendment which add introductory language to Chart 1 Endnotes. This language was previously shown in the ordinance but was unintentionally eliminated from the ordinance during a revision approved last year. All references to Residential Multi-Family Twenty-Two (RM-22) District would be removed from the Zoning Ordinance as it was a defunct zoning district. This was removed from the ordinance last year; however, there are still some remnant references to it in the ordinance. The Planning Commission held a public hearing on February 7, 2018 after which a favorable recommendation to Council was approved. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Appendix A-Zoning amendments, pertaining to multi-family housing, step forward to the podium. There was no one present who wished to speak for or against the proposed zoning amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-O-12 amending Murfreesboro City Code Appendix A-Zoning, Section 13, Planned Development Regulations; Section 19, Residential Districts; Section 21, Commercial Districts; Chart 1 and Chart 1 Endnotes, Uses Permitted  March 22, 2018 Page 6 by Zoning District; pertaining to multi-family housing; City of Murfreesboro Planning Department, applicant [2017-809],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Interim City Manager was presented to the Council as additional information for Adams Tennis Complex and “other business” regarding Apex Mover Plus Storage for relocation of Police Department: (Insert letter dated March 22, 2018 here with regards to interior lighting of Adams Tennis Complex and Contract with Apex Mover Plus Storage for relocation of Police Department.) The following letter of recommendations from the Parks & Recreation Director was presented to the Council: (Insert letter dated March 22, 2018 here with regards to Change Order No. 4 to Energy Systems Group (ESG) Contract for interior lighting of Adams Tennis Complex.) Mr. Smotherman made a motion to accept the recommendation of the Parks & Recreation Director to approve Change Order No. 4 to the Energy Systems Group (ESG) Contract in the amount of $210,531.00, funded from the Owner-Controlled Contingency, for retrofitting interior lighting at the Adams Tennis Complex. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. Mr. Smotherman made a motion to accept the recommendation of the Interim City Manager to approve a contract with Apex Movers Plus Storage for a “Not to Exceed” amount of $55,500.00, funded from Police Headquarters Contingency Fund, for relocating the Police Department from its current location to 1004 Highland Avenue. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Human Resources Director was presented to the Council: (Insert letter dated March 22, 2018 here with regards to Fit for Success Program – Murfreesboro Parks & Recreation; Revision to Employee Handbook Section 1004–Family and Medical Leave; and Revision to Employee Handbook Section 4007–Workers’ Compensation.) Vice-Mayor Scales Harris made a motion to accept the recommendation of the Human Resources Director to approve the City of Murfreesboro retirees, spouse and long- term disabled to participate in the fit for Success Program beginning April 2018. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”.  March 22, 2018 Page 7 Mr. Wade made a motion to accept the recommendation of the Human Resources Director to approve revisions to Employee Handbook Section 1004-Family and Medical Leave which removes the manager’s requirement of notifying Human Resources if an employee is absent more three days on paid leave. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. Mr. Smotherman made a motion to accept the recommendation of the Human Resources Director to approve revisions to Employee Handbook Section 4007-Workers’ Compensation which updates the policy to reflect administrative changes due to a Third- Party Administrator and policy language updated to be more user-friendly and to better clarify the benefit. 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 19, 2018 with regards to Contract for Purchase and Sale of Real Property located between Florence Road and CSX Right-of-Way here.) Mr. Smotherman made a motion to accept the recommendation of the Assistant City Attorney to approve a Contract with Fred C. Bratcher for Purchase and Sale of Real Property in the amount of $101,150.00 located between Florence Road and CSX Right-of-Way. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director presented Beer Applications for Quick Stop Food Mart (Ownership Change), 760 East Northfield Boulevard; Mexico Tipico Restaurante & Taqueria (ownership/name change), 2021 S. Church Street; Dallas and Jane (ownership/ name change), 352 W. Northfield Boulevard, Suite 4F; and E and S International Market (ownership/name change), 1622 Bradyville Pike. Beer Permits will be issued upon completion of all building and codes inspections. Mr. Wade made a motion to approve Beer Permits for Quick Stop Food Mart, Mexico Tipico Restaurante & Taqueria and Dallas and Jane upon successful completion of all building and codes inspections. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. Mayor McFarland indicated there were no Board and Commission appointments to be made. The City Recorder/Finance Director indicated there were no statements to be considered for payment. Under other business, the Interim City Manager presented for discussion Task Order No. 1 with CBRE/Heery, Pinnacle Construction Partners, for Owner Representative/Project  March 22, 2018 Page 8 Management Services to oversee the construction and post-construction phases of the City of Murfreesboro Fire Station No. 4 on Medical Center Parkway in an amount “not to exceed” $125,000.00 based on hourly rates. It was the consensus of Council to move forward with Owners Representative Services for Fire Station No. 4. The Interim City Manager was going to try and negotiate the “not to exceed” cap to a lower amount. The City Recorder/Finance Director presented information on the status of Bond Funds previously issued with a balance remaining and answered questions from the Council. The Interim City Manager updated the Council on bids for the issuance of General Obligation Bonds. The low bidder was Morgan Stanley and Raymond James in conjunction with each other with a rate of 2.793% for a fifteen (15) year fixed rate. They were bid to the City as premium bonds. Council Member Kirt Wade addressed the status of the City Manager position. The Interim City Manager indicated that postings went out on March 20, 2018, and the deadline is April 19, 2018. The position was posted on 45 different locations. The next step is for the consultants to evaluate the applicants and consolidate them into groups for the Council to look at. Mr. Wade indicated he wanted the City Attorney and Human Resources Director involved in this process. Mayor McFarland suggested that Council receive any correspondence that comes from the consultants. He also felt the Human Resources Director should be the point of contact with the consultants to make sure that this process is moving along expeditiously. There being no other business, Mayor McFarland adjourned this meeting at 8:04 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER