City Council

April 19, 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, April 19, 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 Kirt Wade 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, Deputy City Attorney Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Marina Rush, Principal Planner Chris Griffith, City Engineer Sam Huddleston, Assistant City Engineer Robert Holtz, Building & Codes Director Carl Peas, Fire Marshal Council Member Rick LaLance commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland reported that the Fire & Rescue Department won the “Guns & Hoses” Basketball game for the second year in a row. This was a fundraising event sponsored by the Police and Fire & Rescue Departments for Relay for Life. Mr. Greg Tucker, Rutherford County Historian, presented some historical facts on the Rutherford County National Guard in 1934 when their unit was called to Shelbyville, Bedford County, to protect a black male who was accused of raping a white girl. In 1946, the “Home Guard Unit” was called to Columbia, Tennessee to respond to a confrontation between a woman and a retailer. During this time, the National Guard was still activated which left no guard unit in Rutherford County so the community organized the “Home Guard Unit” who were armed and equipped with World War I materials. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Community Development Grant Coordinator: Use of funds through the Affordable Housing Assistance Program for property located at 411 S. Highland Avenue. 2) Letter of recommendations from the Assistant Transportation Director: Request for Signature Approval on Memorandum of Understanding (MOU) between Tennessee Department of Transportation (TDOT), the Nashville Area Metropolitan Planning Organization (MPO), the Nashville Metropolitan Transit Authority, the Regional Transit Authority (RTA), the Franklin Transit Authority (FTA), and the City of Murfreesboro Transportation Department. 3) Letter of recommendations from the City Recorder/Finance Director: A. State Form CT-0253.  April 19, 2018 Page 2 B. Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018. 4) Letter of recommendations from the Community Development Director: A. Housing Rehab: 528 Bridge Avenue. B. Housing Rehab Change Order No. 1: 1602 Fowler. 5) Letter of recommendations from the Chief of Police: A. Purchase of Sky Cop Mobile Surveillance Trailer. B. Purchase of Tablet Computers for Police Administration & Administrative Services Divisions. (Insert letters from the Community Development Grant Coordinator, Assistant Transportation Director, City Recorder/Finance Director, Community Development Director and Chief of Police here.) Mayor McFarland withdrew Consent Item 5(A) from the Chief of Police. Mr. LaLance made a motion to approve the Consent Agenda, except for Item 5(A). Mr. Wade seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-O-19 amending the Murfreesboro City Code, Chapter 2, Administration, by adding a new Section 2-18, authorizing the City to accept proceeds of the sale of property seized and forfeited pursuant to Tennessee Code Section 39-11-701 and limiting the use of such funds for law enforcement purposes,” which passed first reading on April 12, 2018, 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: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-O-19 here.) An ordinance, entitled “ORDINANCE 18-OZ-14 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 1.6 acres along Medical Center Parkway from Single-Family Residential Fifteen (RS-15) District and Gateway Design Overlay Four (GDO- 4) District to Mixed Use (MU) District and Gateway Design Overlay Three (GDO-3) District; One Nine Investments MCP, LLC, applicant [2018-402],” which passed first reading on April 12, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett  April 19, 2018 Page 3 Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-14 here.) An ordinance, entitled “ORDINANCE 18-OZ-15 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 130 acres in the Planned Unit Development (PUD) District located along Fortress Boulevard and Franklin Road (Victory Station PUD) as indicated on the attached map; Swanson Development, applicant [2018-405],” which passed first reading on April 12, 2018, 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: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-15 here.) An ordinance, entitled “ORDINANCE 18-OZ-16 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 48.21 acres in the Planned Signage Overlay (PSO) District located along Old Fort Parkway and Stones River Mall Boulevard (Stones River Mall PSO); as indicated on the attached map; SVAP II Stones River, LLC, applicant [2018-406],” which passed first reading on April 12, 2018, 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 Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows:  April 19, 2018 Page 4 (Insert ORDINANCE 18-OZ-16 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 13, 2018 here regarding first reading of ORDINANCE 17-OZ-62 to amend “Parcel F” for approximately 12.1 acres of Victory Station PUD located along Fortress Boulevard.) The Assistant Planning Director addressed questions from Council regarding the original zoning of “Parcel F” as multi-family and then amended to allow only an assisted- care living facility in 2015. Because of some suspected environmental conditions, the prospective developer for “Parcel F” decided to move his development south to “Parcel E” which was also amended to permit an assisted-care living facility. The applicant now wants to expand the uses for “Parcel F” to once again include multi-family residential so that he can market the property. The site has been cleared from environmental concerns. An ordinance, entitled “ORDINANCE 17-OZ-62 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 12.1 acres in the Planned Unit Development (PUD) District located along Fortress Boulevard (“Parcel F” of Victory Station PUD) as indicated on the attached map; Swanson Development, LP, applicant [2017-444],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None An ordinance, entitled “ORDINANCE 18-OZ-08 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 55 acres along Asbury Road as Planned Unit Development (PUD) District, simultaneous with annexation; Sazerac of Tennessee, applicant [2017-449],” was read to the Council and offered for passage on first reading. Mr. Taylor addressed Council’s questions and comments and agreed to include in the Plan Book the following: 1) Opening of the facility and new road would be simultaneous; 2) Back entrance would be gated and not used for general public’s use; and 3) Height of warehouses reduced 15% from 66’ to 56’. Mr. Carl Peas, City of Murfreesboro Fire Marshal, discussed Sazerac’s burning process and the City’s guidelines. The City Engineer addressed  April 19, 2018 Page 5 speed control options for construction traffic. Overall, Council felt that the concerns with mold affecting health issues and homes as well as the Cherry Lane extension to accommodate the distillery traffic had been addressed satisfactorily. Mr. Shacklett could not vote with a clear conscience in this matter because of his support over the years to ministries and organizations that help people deal with the consequences of addictive behavior and substance abuse. The Council generally agreed that they had done their research on this matter and, as elected officials, it was their duty to represent and make a decision that would be in the best interest of the City. Mr. LaLance made a motion to pass said ordinance on first reading. Mr. Wade seconded the motion. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Eddie Smotherman Kirt Wade Shane McFarland Nay: Bill Shacklett The City Recorder/Finance Director presented for approval a renewal of Certificate of Compliance for Retail Liquor Store for Sanjaykumar A. Patel at M’boro City Limits Liquors & Wine. This is a two-year requirement by the State of Tennessee, and the Certificate of Compliance meets the City’s requirements. Mr. Wade made a motion to approve a Certificate of Compliance for Sanjaykumar A. Patel at M’boro City Limits Liquors & Wine. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the City Engineer was presented to the Council: (Insert letter dated April 19, 2018 here with regards to Northfield West Extension-Advanced Planning Report; West Lytle Street Improvements-Phase 2, Change Order No. 1; and Design of Northfield Blvd Extension-Phase 1.) The City Engineer clarified that the request for an Advanced Planning Report on the Northfield West extension is just a more detailed study of the original study done on the 2040 Major Thoroughfare Plan. Mr. LaLance made a motion to accept the recommendation of the City Engineer and approve the proposal from HDR in the amount of $81,697.00 funded from FY18 and FY19 State Street Aid Fund, for an Advanced Planning Report on the Northfield West extension from Broad Street to Thompson Lane. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”.  April 19, 2018 Page 6 The City Engineer reviewed the following items that Change Order No. 1 included: 1) Removal of final asphalt topping quantity, permanent striping and fence items; 2) Addition of approximately 345 linear feet of 42” storm drainage along Burton Street; and 3) Addition of decorative pedestrian lighting around the new Judicial Building, including Lytle Street, Maple Street, Church Street and Burton Street. Mr. Shacklett made a motion to accept the recommendation of the City Engineer to approve items under Change Order No. 1 to the contract with Jarrett Builders, Inc. in the amount of $122,900.88 increasing the contract to $5,357,589.78 (funded from TML Loan or Bond Issue; funded partially by Rutherford County as part of the Judicial Building project; and funded by FY19 State Street Aid for paving and $50,000.00 from Storm Water User Fee) with an additional 60 days added to the contract. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Engineer presented Phase I of the Northfield Boulevard-Phase I extension from Garrison Drive to Thompson Lane. This is for the design of that section of Thompson Lane that was part of the Vanderbilt University Medical Center land purchase. Mr. Wade made a motion to accept the recommendation of the City Engineer to approve a proposal from Energy Land & Infrastructure (ELI), for a fee not to exceed $45,020.00, funded from the sale of property to Vanderbilt University Medical Center, for design services that include an approximate 1650’ long five-lane section with curb and gutter, closed storm drainage and pedestrian facilities. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland withdrew RESOLUTION 18-R-07 to approve the NASPO ValuePoint Cooperative Purchasing Organization (NASPO-Value Point) as a purchasing cooperative option under the City’s Procurement Code. The City Recorder/Finance Director presented Beer Applications for Murfreesboro Moose Lodge #645, Loyal Order of the Moose, at 440 Rice Street (new location) and Boombozz Craft Pizza & Taphouse at 2839 Medical Center Parkway (new location). Both applications are pending completion of all required building and codes inspections. Mr. Wade made a motion to accept the recommendation of the City Recorder/Finance Director to approve Beer Permits for Murfreesboro Moose Lodge #645, Loyal Order of the Moose, and Boombozz Craft Pizza & Taphouse upon successful completion of all building and codes inspections. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated there were no boards or commission appointments to be made.  April 19, 2018 Page 7 The City Recorder/Finance Director indicated there were no statements to be considered for payment. Under other business, the following letter from the Deputy City Attorney was presented to the Council: (Insert letter dated April 19, 2018 here with regards to Right-of-Entry onto St. Andrews School site.) Vice-Mayor Scales Harris made a motion to accept the recommendation of the Deputy City Attorney to approve the Right-of-Entry between City of Murfreesboro and St. Andrews, LLC (“Owner”) to allow access onto proposed St. Andrews School site. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The Interim City Manager reminded Council of the open house for the new Police Headquarters at 1004 North Highland Avenue on Sunday, April 29, 2018, from 1:00-5:00 p.m. for the public. Police officer’s families will tour the facility on Saturday, April 28, 2018. The Interim City Manager reminded Council of the special meeting of City Council on Tuesday, May 1, 2018, at 1:00 p.m. to hear from SGR followed by a budget update and review. There being no further business, Mayor McFarland adjourned this meeting at 8:17 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER