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City Council

Regular Meeting

Murfreesboro, TN · May 24, 2018

AgendaMinutes

Minutes

May 24, 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, May 24, 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 Erin Tucker, Assistant Finance Director Craig Tindall, City Attorney David Ives, Deputy City Attorney Chad Gehrke, Airport Manager Darren Gore, Water Resources Director Mark Foulks, Fire & Rescue Chief Linda Gilbert, City School Director Gary Anderson, City Schools Finance & Administrative Services Director Betty Brewer, Evergreen Cemetery Vice-Mayor Scales Harris introduced Noah Gaines with Noah’s Heart Ministry who commenced the meeting with a prayer followed by the Pledge of Allegiance. Noah commented on his foundation “Noah’s Heart Ministry” which provides food and clothing to the homeless every fourth Saturday at his church. He has been helping the homeless since he was eight years old. Noah’s family were also present. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Planning Commission: Mandatory Referral at TrustPoint Hospital at the southwest corner of North Thompson Lane and Wilkinson Pike. 2) Letter of recommendations from the Airport Commission: A. Approval of Addendum No. 2 to the ATKINS Work Authorization for the Terminal Building at Murfreesboro Municipal Airport. B. Annual adjustment of rental rates and promotional program at the Murfreesboro Municipal Airport. 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) Letter of recommendations from the Fire & Rescue Chief: Approval to purchase HazMatID from GSA Contract. 5) Request from Special Kids to hang a banner across East Main Street from July 20- 30, 2018. (Insert letters from the Planning Commission, Airport Commission, City Recorder/Finance Director and Fire & Rescue Chief here.) Mr. Smotherman made a motion to approve the Consent Agenda in its entirety. Mr. Wade seconded the motion and all members of the Council voted “Aye”. May 24, 2018 Page 2 Mr. Wade made a motion to approve the minutes as written and presented for the regular meeting held on May 10, 2018. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The letter from the Communications Director and first reading of Ordinance 18-O-32 amending Ordinance No. 03-O-10, extending the term of the Cable Television Franchise held by Comcast Cablevision of Nashville II, LLC, was withdrawn. The City Recorder/Finance Director presented for approval renewal of Certificates of Compliance in Retail Stores for Mr. Dan Ratchup at Publix #1163, 1731 S. Rutherford Boulevard, Suite S; Mr. Michael Brumfield at Publix #1234, 2650 New Salem Highway; Mr. Richard Smith at Publix #1164, 3415 Memorial Boulevard; and Mr. Patrick Columbia at Publix #1172, 4175 Franklin Road. Renewal of Certificates of Compliance are a requirement of the State every two years, and these applicants have met the City requirements. Mr. LaLance made a motion to approve Certificates of Compliance for Mr. Dan Ratchup, Mr. Michael Brumfield, Mr. Richard Smith and Mr. Patrick Columbia. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Deputy City Attorney was presented to the Council: (Insert letter dated May 18, 2018 here with regards to Acknowledgement of Right of Repurchase; Eighth Amendment to Agreement of Sale and Purchase of Real Estate (revised); and approval of Sale of Lot 4, Phoenix Subdivision.) Mr. LaLance made a motion to accept the recommendation of the Deputy City Attorney and authorize the Mayor to execute the Acknowledgment of Right of Repurchase and the revised Eighth Amendment to the Agreement; approve the sale of Lot 4 to the proposed purchaser for the use stated in Attorney John Brittingham’s letter; and authorize the Mayor to execute a Release of the “right of repurchase” provision in form approved by the City Attorney when the agreed upon conditions have been satisfied. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Fire & Rescue Chief was presented to the Council: (Insert letter dated May 24, 2018 here with regards to CIP Reimbursement Resolution for the completion of the Doug Young Public Safety Training Facility and approve Contract with RAWSO, LLC for site work.) The following RESOLUTION 18-R-09 was read to the Council and offered for adoption upon motion made by Mr. LaLance, 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 May 24, 2018 Page 3 Shane McFarland Nay: None (Insert RESOLUTION 18-R-09 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the construction of the Doug Young Public Safety Training Facility be reimbursed from proceeds of notes, bonds or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee here.) Mr. LaLance made a motion to accept the recommendation of the Fire and Rescue Chief to approve the bid that meets all requirements from RAWSO, LLC in the amount of $2,831,479.00 for completion of the Doug Young Public Safety Training Facility and authorize the Mayor to sign said document. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The Council then took under review and discussion the proposed 2018-2019 City of Murfreesboro Budget. Mr. Jim Crumley, Interim City Manager, presented the list of Outside Agencies for review and discussion. Most of the outside agencies were budgeted for the same amount received in 2017-2018 except for Linebaugh Public Library/Myrtle Glanton and Chamber of Commerce (30% of Hotel/Motel Tax) for tourism which are based on pre-determined formulas. He noted that the Southern Off-Road Bicycle Association, Inc. (SORBA) in the amount of $275,000.00 is included in the Outside Agency List for the completion of the City’s mountain bike trails in Barfield-Crescent Park but was not budgeted as an Outside Agency. Mr. Darren Gore, Water Resources Director, presented the 2018-2019 Budget for the Water Resources Department and Stormwater Utility Management Fund. He highlighted accomplishments achieved in 2017-2018 and the goals set for 2018-2019. Ms. Linda Gilbert, City Schools Director, presented the 2018-2019 City Schools Budget. She highlighted the achievements of City School programs and their goals to put the needs, education and safety, both physically and emotionally, of children first. She requested that Council approve an additional $1.5 Million in the City’s operating budget for transfer to the City Schools. Mr. Gary Anderson, Finance & Administrative Services Director, was also present. Ms. Betty Brewer presented the 2018-2019 Evergreen Cemetery Budget and commented on new grave sites and price increases. This concluded this portion of the 2018-2019 Budget review. The City Recorder/Finance Director indicated there were no Beer Permit Applications to consider. May 24, 2018 Page 4 Upon recommendation of Mayor McFarland, Mr. Smotherman made a motion to reappoint Mr. Tommy Campbell and Mr. Phil King for another three-year term to the Cable Television Commission with term ending 04/30/21. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director indicated there were no statements to consider for payment. There being no further business, Mayor McFarland adjourned this meeting at 7:41 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER

Agenda

MURFREESBORO CITY COUNCIL AGENDA May 24, 2018 7:00 p.m. Council Chambers PRAYER VICE-MAYOR MADELYN SCALES HARRIS PLEDGE OF ALLEGIANCE CEREMONIAL ITEMS Consent Agenda 1. A. Consider recommendations of the Planning Commission: Mandatory Referral at TrustPoint Hospital at the southwest corner of North Thompson Lane and Wilkinson Pike. B. Consider recommendations of the Airport Commission: a. Approval of Addendum No. 2 to the ATKINS Work Authorization for the Terminal Building at Murfreesboro Municipal Airport. b. Annual adjustment of rental rates and promotional program at the Murfreesboro Municipal Airport. C. Consider recommendations of the City Recorder/Finance Director: Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018. D. Consider recommendations of the Fire & Rescue Chief: Approval to purchase HazMatID from GSA Contract. E. Request from Special Kids to hang a banner across East Main Street from July 20-30, 2018. Minutes 2. May 10, 2018 - Regular Meeting. First Readings 3. A. Communications Director: Extend Comcast Franchise Agreement for One Year. B. Consider for passage on first reading ORDINANCE 18-O-32 amending Ordinance No. 03-O- 10, extending the term of the Cable Television Franchise held by Comcast Cablevision of Nashville ll, LLC. New Business 4. Consider for approval renewal of Certificates of Compliance for Wine in Retail Stores: A. Dan Ratchup at Publix #1163, 1731 S. Rutherford Boulevard, Suite S. B. Michael Brumfield at Publix #1234, 2650 New Salem Highway. C. Richard Smith at Publix #1164, 3415 Memorial Boulevard. D. Patrick Columbia at Publix #1172, 4175 Franklin Road. 5. Consider recommendations of the Deputy City Attorney: Approval of Acknowledgement of Right of Repurchase, Eighth Amendment to Agreement of Sale and Purchase of Real Estate (revised) and Sale of Lot 4, Phoenix Subdivision. 6. A. Hear from Fire & Rescue Chief regarding CIP Reimbursement Resolution for the completion of the Doug Young Public Safety Training Facility. B. Consider for adoption RESOLUTION 18-R-09 expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the construction of the Doug Young Public Safety Training Facility, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro. C. Approve Contract with RAWSO, LLC for Site Work. 7. Consider review of 2018-2019 Budgets: A. Outside Agencies. B. Water Resources Department. C. City of Murfreesboro Schools. D. Evergreen Cemetery. Board & Commission Appointments 8. Cable TV Commission: Reappoint Tommy Campbell Phil King. Beer Permits MURFREESBORO CITY COUNCIL AGENDA May 24, 2018 (Continued) Payment of Statements Other Business from Staff or City Council Adjourn . . . creating a better quality of life. Consent Agenda May 17, 2018 Honorable Mayor and Members of City Council Re: Planning Commission Recommendation - Mandatory Referral at TrustPoint Hospital at the southwest corner of North Thompson Lane and Wilkinson Pike Mandatory Referral [2018-707] to consider the abandonment of a portion of a sanitary sewer and waterline easement along North Thompson Lane and Wilkinson Pike at TrustPoint Hospital, Mr. Matt Taylor of SEC, Inc. applicant. Background In this mandatory referral, the City Council is being asked to consider abandoning a portion of an existing sanitary sewer and waterline easement. It is located in the TrustPoint Hospital development along the west side of North Thompson Lane and along the south side of Wilkinson Pike. A letter from the applicant and an exhibit depicting the requested easement abandonment are included in the agenda materials. TrustPoint is currently building a second phase, and the Phase 2 building expansion is proposed to be located on top of this existing easement. The infrastructure inside the easement has been abandoned and is in the process of being relocated. A new easement will be dedicated for the relocated water line. According to the Murfreesboro Water Resources Department (MWRD), the easement is no longer necessary and MWRD Staff recommends the abandonment of the easement. Recommendation The Murfreesboro Planning Commission is recommending that the City Council approve this mandatory referral request in order to authorize the Mayor to sign the appropriate legal instrument. The applicant will be responsible for providing the information necessary for the Legal Department to prepare the legal instrument for the easement abandonment. In addition, the applicant will also be responsible for the recording this document. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov Concurrences The Planning Commission considered the request at its May 16, 2018 regular meeting and is recommending approval. In addition, the Water Resources Board voted to recommend approval of this easement abandonment at its February 27, 2018 regular meeting. Fiscal Impact Staff is not aware of any fiscal impact that will result from this request. Attachments 1. Staff Comments and exhibits from May 16, 2018 Planning Commission meeting Respectfully Submitted, Matthew T. Blomeley, AICP Assistant Planning Director MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 MAY 16, 2018 3.s. Mandatory Referral [2018-707] to consider the abandonment of a portion of a sanitary sewer and waterline easement along North Thompson Lane and Wilkinson Pike at TrustPoint Hospital, Mr. Matt Taylor of SEC, Inc. applicant. In this mandatory referral, the Planning Commission is being asked to consider abandoning a portion of an existing sanitary sewer and waterline easement. It is located in the TrustPoint Hospital development along the west side of North Thompson Lane and along the south side of Wilkinson Pike. A letter from the applicant and an exhibit depicting the requested easement abandonment are included in the agenda materials. TrustPoint is currently building a second phase, and the Phase 2 building expansion is proposed to be located on top of this existing easement. The infrastructure inside the easement has been abandoned and is in the process of being relocated. A new easement will be dedicated for the relocated water line. According to the Murfreesboro Water Resources Department (MWRD), the easement is no longer necessary and MWRD Staff recommends the abandonment of the easement. The Water Resources Board voted to recommend approval of this easement abandonment at its February 27, 2018 regular meeting. Staff recommends that the Planning Commission recommend approval of this request to the City Council. If approved by the City Council, the applicant will be responsible for providing the information necessary for the Legal Department to prepare the legal instrument for the easement abandonment. In addition, the applicant will also be responsible for the recording this document. May 3, 2018 Mr. Matthew Blomeley Murfreesboro Planning & Engineering Dept 111 W. Vine St Murfreesboro, Tennessee 37130 RE: Trustpoint Hospital Sanitary Sewer & Waterline Easement Abandonment Request Murfreesboro, Tennessee SEC Project No. 10092 Dear Mr. Blomeley: Please accept this as our formal request for the City of Murfreesboro to abandon a portion of the Sanitary Sewer and Waterline Easement that is shown in Plat Book 39 Page 292. Furthermore, the attached exhibit highlights this area. The utilities within this easement are proposed to be realigned per the building expansion and addition plans. If you should have any questions concerning this letter, please feel free to call me at (615) 890-7901 or via email at mtaylor@sec-civil.com Sincerely, Matt Taylor, P.E. Vice-President SEC, Inc MAP 92, PARCEL 27.21 MAP 79, PARCEL 73.00 RUTHERFORD COUNTY R.BK. 1084, PG. 3906 R.BK. 1477, PG. 2980 P.BK. 39, PG. 292 P.BK. 36, PG. 106 ABANDONED DRAINAGE ESMT 45,275 SQ.FT. ABANDONED SANITARY/WATER ESMT 7,296 SQ.FT. BEING A PARCEL OF LAND, LOCATED IN RUTHERFORD COUNTY, TENNESSEE, TAX MAP 92, PARCEL 27.21, AND SHOWN IN PLAT BOOK 39, PAGE 292 AND PLAT BOOK 36, PAGE 106. THIS PARCEL SHALL ABANDON A SEWER/WATER EASEMENT, BEING DESCRIBED AS FOLLOWS: SANITARY SEWER AND WATER EASEMENT COMENCING AT A POINT IN THE RIGHT OF WAY OF VAN CLEVE WAY AT THE SOUTHWEST CORNER OF PARCEL 14 SHOWN IN PLAT BOOK 39, PAGE 292, THEN WITH BEARING N 61°4'29" E AND DISTANCE 466.41’, TO THE TRUE POINT OF BEGINNING SHOWN ON THE EXHIBIT; 1. THENCE, N51°30'17"E, A DISTANCE OF 195.64'; 2. THENCE, S83°12'23"E, A DISTANCE OF 58.00'; 3. THENCE, S59°07'35"E, A DISTANCE OF 28.39'; 4. THENCE, N30°52'25"E, A DISTANCE OF 20.00'; 5. THENCE, S59°07'35"E, A DISTANCE OF 20.00'; 6. THENCE, S30°52'25"W, A DISTANCE OF 10.00'; 7. THENCE, S59°07'35"E, A DISTANCE OF 37.91'; 8. THENCE, S30°52'25"W, A DISTANCE OF 30.00'; 9. THENCE, N59°07'35"W, A DISTANCE OF 82.04'; 10. THENCE, N83°12'23"W, A DISTANCE OF 45.39'; 11. THENCE, S51°30'17"W, A DISTANCE OF 184.29'; 12. THENCE, N47°02'53"W, A DISTANCE OF 20.22'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 7296 SQUARE FEET OR 0.167 ACRES, MORE OR LESS. MAP 92, PARCEL 27.21 MAP 79, PARCEL 73.00 RUTHERFORD COUNTY R.BK. 1084, PG. 3906 R.BK. 1477, PG. 2980 P.BK. 39, PG. 292 P.BK. 36, PG. 106 SANITARY SEWER ESMT 36,347 SQ.FT. WATER ESMT 37,330 SQ.FT. BEING A PARCEL OF LAND, LOCATED IN RUTHERFORD COUNTY, TENNESSEE, TAX MAP 92, PARCEL 27.21 AND RAX MAP 79, PARCEL 73, AND SHOWN IN PLAT BOOK 39, PAGE 292 AND PLAT BOOK 36, PAGE 106. THIS PARCEL SHALL HAVE A SEWER/WATER EASEMENT, BEING DESCRIBED AS FOLLOWS: SANITARY SEWER EASEMENT COMENCING AT A POINT IN THE RIGHT OF WAY OF VAN CLEVE WAY AT THE SOUTHWEST CORNER OF PARCEL 14 SHOWN IN PLAT BOOK 39, PAGE 292, THEN WITH BEARING S 86°33'19" E AND DISTANCE 21.48’; TO THE TRUE POINT OF BEGINNING SHOWN ON THE EXHIBIT; 1. THENCE, N03°26'41"E, A DISTANCE OF 184.60'; 2. THENCE, N18°25'35"E, A DISTANCE OF 69.69'; 3. THENCE, N06°47'27"E, A DISTANCE OF 387.78'; 4. THENCE, S83°12'33"E, A DISTANCE OF 256.39'; 5. THENCE, N72°12'42"E, A DISTANCE OF 106.97'; 6. THENCE, S81°47'03"E, A DISTANCE OF 181.71'; 7. THENCE, S06°47'27"W, A DISTANCE OF 208.91'; 8. THENCE, S83°12'40"E, A DISTANCE OF 70.12'; 9. THENCE, S06°47'27"W, A DISTANCE OF 10.00'; 10. THENCE, S83°12'33"E, A DISTANCE OF 3.81'; 11. THENCE, S24°13'22"E, A DISTANCE OF 106.99’; 12. THENCE, N59°07'35"W, A DISTANCE OF 34.95'; 13. THENCE, N24°13'22"W, A DISTANCE OF 67.01'; 14. THENCE, N83°12'33"W, A DISTANCE OF 77.22'; 15. THENCE, S40°01'08"W, A DISTANCE OF 53.79'; 16. THENCE, N49°58'52"W, A DISTANCE OF 20.00'; 17. THENCE, N40°01'08"E, A DISTANCE OF 56.21'; 18. THENCE, N06°47'27"E, A DISTANCE OF 205.03'; 19. THENCE, N83°12'33"W, A DISTANCE OF 144.85'; 20. THENCE, S72°43'46"W, A DISTANCE OF 111.33'; 21. THENCE, N83°12'33"W, A DISTANCE OF 76.64'; 22. THENCE, N59°08'53"W, A DISTANCE OF 15.46'; 23. THENCE, N83°12'33"W, A DISTANCE OF 148.06'; 24. THENCE, S06°47'27"W, A DISTANCE OF 369.82'; 25. THENCE, S18°25'35"W, A DISTANCE OF 69.10'; 26. THENCE, S03°26'41"W, A DISTANCE OF 181.97'; 27. THENCE, N86°33'19"W, A DISTANCE OF 20.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 36347 SQUARE FEET OR 0.834 ACRES, MORE OR LESS. WATER EASEMENT COMENCING AT A POINT IN THE RIGHT OF WAY OF VAN CLEVE WAY AT THE SOUTHWEST CORNER OF PARCEL 14 SHOWN IN PLAT BOOK 39, PAGE 292, THEN WITH BEARING N 58°37'17" E AND DISTANCE 414.47’; TO THE TRUE POINT OF BEGINNING SHOWN ON THE EXHIBIT; 1. THENCE, N03°54'25"E, A DISTANCE OF 56.63'; 2. THENCE, N83°12'33"W, A DISTANCE OF 293.28'; 3. THENCE, N06°47'27"E, A DISTANCE OF 367.97’; 4. THENCE, S83°12'33"E, A DISTANCE OF 79.79'; 5. THENCE, S59°08'53"E, A DISTANCE OF 95.87'; 6. THENCE, S83°12'33"E, A DISTANCE OF 84.06'; 7. THENCE, N72°12'42"E, A DISTANCE OF 106.97'; 8. THENCE, S81°47'03"E, A DISTANCE OF 181.71'; 9. THENCE, S06°47'27"W, A DISTANCE OF 208.91'; 10. THENCE, S83°12'40"E, A DISTANCE OF 106.95'; 11. THENCE, S46°24'02"E, A DISTANCE OF 50.19'; 12. THENCE, S30°52'25"W, A DISTANCE OF 72.77'; 13. THENCE, N59°07'35"W, A DISTANCE OF 20.00'; 14. THENCE, N30°52'25"E, A DISTANCE OF 56.78'; 15. THENCE, N46°24'02"W, A DISTANCE OF 27.55'; 16. THENCE, N83°12'48"W, A DISTANCE OF 130.30'; 17. THENCE, N06°47'27"E, A DISTANCE OF 208.02'; 18. THENCE, N83°12'33"W, A DISTANCE OF 144.85'; 19. THENCE, S72°43'46"W, A DISTANCE OF 111.33’; 20. THENCE, N83°12'33"W, A DISTANCE OF 76.64'; 21. THENCE, N59°08'53"W, A DISTANCE OF 111.33'; 22. THENCE, N83°12'33"W, A DISTANCE OF 55.52'; 23. THENCE, S06°47'27"W, A DISTANCE OF 327.97'; 24. THENCE, S83°12'33"E, A DISTANCE OF 292.30'; 25. THENCE, S03°54'25"W, A DISTANCE OF 67.89'; 26. THENCE, S38°29'43"E, A DISTANCE OF 18.44'; 27. THENCE, S51°30'17"W, A DISTANCE OF 20.00'; 28. THENCE, N38°29'43"W, A DISTANCE OF 26.19'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 37330 SQUARE FEET OR 0.857 ACRES, MORE OR LESS. . . . creating a better quality of life MEMORANDUM DATE: February 15, 2018 TO: Water Resources Board FROM: Valerie H. Smith SUBJECT: Water Easement Abandonment Trustpoint Hospital Background This easement abandonment request is from Matt Taylor, the project Engineer with SEC, Inc., on behalf of Trustpoint Hospital. They are requesting the abandonment of a portion of an existing twenty (20) foot water main easement. Currently the Hospital is building an expansion that is on top of the existing easement. The potion of water main within this easement has been abandoned and the contractor is installing the relocated water main, which was planned to loop around the new building. New easement will be dedicated by the Hospital for the relocated water main, therefore, this existing easement is no longer necessary. Recommendation Staff recommends that the Board recommend to the Planning Commission and City Council approval of abandoning a portion of the existing water easement. Fiscal Impact Not applicable. The existing easement was dedicated to the Department by plat. Attachments Easement Abandonment Exhibit Water Resources Department 300 NW Broad Street * P.O. Box 1477 * Murfreesboro, TN 37133-1477 * Office: 615 890 0862 * Fax: 615 896 4259 TTY 615 848 3214 * www.murfreesborotn.gov Page 15 Easements Easement To Be Abandoned 1 2 2 +SI 001-002 Ê MURFREESBORO WATER RESOURCES DEPARTMENT January 2018 TAB Trustpoint Hospital - Easement Abandonment Page 16 SCALE : 1" = 120' Trustpoint Abandonment.mxd . . . creating a better quality of life CONSENT AGENDA May 18, 2018 Honorable Mayor and Members of City Council: RE: Fiscal Year 2018 Budget Amendment Attached you will find a budget transfer as approved by the City Manager on May 18, 2018. The transfer is within the General Fund. It is moving funds from Parks & Recreation Salaries Expenses roll up category, Temp/Seasonal Part‐Time Wages object code, into the Parks & Recreation Fixed Assets, Other Improvements category. This $40,000.00 transfer will have no effect on Fund Balance. Additional information is available on the following page. This is being placed on Consent Agenda as a proof of notification to Council as required by Ordinance 15‐O‐48. Melissa B. Wright City Recorder, Finance Director Finance and Tax Administration 111 West Vine Street * P. O. Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 5210 * Fax 615 848 3247 * TDD 615 849 2689 www.murfreesborotn.gov ORDINANCE 18-O-32 amending the Ordinance No. 03-O-10; extending the term of the Cable Television Franchise held by Comcast Cablevision of Nashville II, LLC. WHEREAS, the City of Murfreesboro, Tennessee (“City”), pursuant to Ordinance No. 03-O-10, granted a cable television franchise and entered into a cable television franchise agreement (collectively, the “Franchise”) with Comcast Cablevision of Nashville II, LLC (“Comcast”), which became effective June 1, 2003, to provide cable television service within the territorial limits of the City; and WHEREAS, the Franchise term will expire on May 31, 2018; and WHEREAS, to enable the City and Comcast to conduct and complete the Franchise renewal process, the parties believe it is reasonable, appropriate and in the public interest to extend the term of the Franchise; and WHEREAS, the City and Comcast believe that a Franchise extension to May 31, 2019, will initially be sufficient to provide the time needed to complete the Franchise renewal process, or to conclude that additional time will be needed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, DO ORDAIN AS FOLLOWS: SECTION 1. Ordinance Amended. Section 2(c) of the Franchise Agreement, “Term,” embodied in Ordinance No. 03-O-10 is hereby amended to read as follows: 2(c) Term: This Franchise shall expire at 11:59 p.m. on May 31, 2019. SECTION 2. This extension shall not constitute a waiver of any rights, remedies or defenses the City or Comcast may have under applicable laws and regulations. The parties specifically reserve all rights, remedies and defenses they have under the renewal procedures set forth in 47 U.S.C. § 546. SECTION 3. Nothing in this Ordinance precludes the City from granting additional Franchise extensions. SECTION 4. This Amendment to the Franchise and its terms and provisions shall be accepted by Comcast by the submission of a written instrument, executed and sworn to by a corporate officer of Comcast before a Notary Public, and filed with the City Recorder within sixty (60) days after the effective date of this Ordinance. Such instrument shall evidence the unconditional acceptance of this Amendment to the Franchise and the promise to comply with and abide by all its provisions, terms and conditions. SECTION 5. This ordinance shall take effect fifteen (15) days after its passage upon second and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\32 - 18-o-32 franchise extension.docx 5/17/2018 12:26:41 PM #1 ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney SEAL ACCEPTED: COMCAST OF CABLEVISION NASHVILLE II, LLC __________________________________ By: Its: mjp \\puckett\legal\files\council\ordinances & annexation, pos resolutions\2018\32 - 18-o-32 franchise extension.docx 5/17/2018 12:23:12 PM #2 City of Murfreesboro Request for Certificate of Compliance for Wine in Retail Stores Summary of information from the application: Name of Business Entity Publix Tennessee, LLC Type of Application: Renewal - wine sale in retail store Corporation X Partnership Sole Proprietor Manager Name Dan Ratchup Age 50 Home Address 4032 Locerble Cir. Residency City/State Spring Hill, TN Race/Sex White/M 10 Year Background Check Findings: City of Murfreesboro: None Rutherford: None Davidson County: None TBI/ INTEGRA No indication of any record that may preclude the applicant for consideration. Name of Business Publix # 1163 Business Location 1731 S Rutherford Blvd., Ste S Application Completed Properly? Yes Location meets zoning requirement? Yes The actual application is available in the office of the City Recorder. City of Murfreesboro Request for Certificate of Compliance for Wine in Retail Stores Summary of information from the application: Name of Business Entity Publix Tennessee, LLC Type of Application: Renewal- wine sale in retail store Corporation X Partnership Sole Proprietor Manager Name Michael Brumfield Age 32 Home Address 40 Wild Cate Ln. Residency City/State Ormand Beach/Fl Race/Sex White/M 10 Year Background Check Findings: City of Murfreesboro: None Rutherford: None Davidson County: None TBI/ INTEGRA No indication of any record that may preclude the applicant for consideration. Name of Business Publix # 1234 Business Location 2650 New Salem Hwy. Application Completed Properly? Yes Location meets zoning requirement? Yes The actual application is available in the office of the City Recorder. City of Murfreesboro Request for Certificate of Compliance for Wine in Retail Stores Summary of information from the application: Name of Business Entity Publix Tennessee, LLC Type of Application: Renewal - wine sale in retail store Corporation X Partnership Sole Proprietor Manager Name Richard Smith Age 56 Home Address 216 Oscar Court Residency City/State Murfreesboro, TN Race/Sex White/M 10 Year Background Check Findings: City of Murfreesboro: None Rutherford: None Davidson County: None TBI/ INTEGRA No indication of any record that may preclude the applicant for consideration. Name of Business Publix # 1164 Business Location 3415 Memorial Blvd. Application Completed Properly? Yes Location meets zoning requirement? Yes The actual application is available in the office of the City Recorder. City of Murfreesboro Request for Certificate of Compliance for Wine in Retail Stores Summary of information from the application: Name of Business Entity Publix Tennessee, LLC Type of Application: Renewal - wine sale in retail store Corporation X Partnership Sole Proprietor Manager Name Patrick Columbia Age 32 Home Address 807 Pebble Beach Cir. Residency City/State Mt. Juliet, TN Race/Sex White/M 10 Year Background Check Findings: City of Murfreesboro: None Rutherford: None Davidson County: None TBI/ INTEGRA No indication of any record that may preclude the applicant for consideration. Name of Business Publix # 1172 Business Location 4175 Franklin Rd. Application Completed Properly? Yes Location meets zoning requirement? Yes The actual application is available in the office of the City Recorder. RESOLUTION 18-R-09 expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the construction of the Doug Young Public Safety Training Facility, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee. WHEREAS, the City of Murfreesboro, Tennessee (“Municipality”), is in the process of causing certain capital expenditures to be made with respect to certain public works projects, consisting of the construction of the Doug Young Public Safety Training Facility including land improvements, design, site work, buildings and equipment, (collectively, the “Project”); and, WHEREAS, the City Council of the Municipality desires to establish its official intent that certain of the expenditures related to the Project and certain other related expenditures be reimbursed out of notes, bonds, or other indebtedness to be issued or incurred in the future by the Municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The City Council hereby finds and determines as follows: (a) that it is in the best interest of the Municipality to proceed immediately with the Project, thereby incurring certain capital expenditures; (b) that the Municipality has certain funds available which may be used temporarily for this purpose, pending the issuance of bonds, notes, or other indebtedness of the Municipality; (c) that the City Council anticipates that the Municipality will issue its bonds, notes, or other indebtedness for the purpose of financing the Project; (d) that the City Council reasonably expects to reimburse such amounts to such fund or source from which the expenditures may be made on a temporary basis as soon as proceeds from issuance of such bonds, notes, or other indebtedness are available; and, (e) that this declaration of official intent is consistent with the budgetary and financial circumstances of the Municipality. SECTION 2. The City Council of the Municipality hereby establishes its official intent to issue bonds, notes, or other indebtedness to finance the costs of the Project and other related expenditures in an amount not to exceed One Million, Four Hundred Thousand and NO/100 Dollars ($1,400,000). Pending the issuance of such bonds, notes, or other indebtedness, funds necessary to finance such costs shall be advanced from such sources of funds on hand and available for such purpose, and any amounts so advanced shall be reimbursed from the proceeds of the tax-exempt bonds, notes, or other indebtedness when issued or incurred. SECTION 3. The Municipality will comply with the applicable state or local law governing the public availability of records relating to its official acts with respect to this mjp \\puckett\legal\files\council\resolutions\2018\09 - 18-r-09 doug young training completion.docx 5/22/2018 8:39:13 AM #1 Resolution. SECTION 4. All actions of the officers, agents, and employees of the Municipality that are in conformity with the purposes and intent of this Resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed, and adopted. SECTION 5. This Resolution shall be effective immediately upon its passage and adoption, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright Craig D. Tindall City Recorder City Attorney mjp \\puckett\legal\files\council\resolutions\2018\09 - 18-r-09 doug young training completion.docx 5/22/2018 8:39:13 AM #2 No Digital Copy . . . creating a better quality of life. May 24, 2018 Members of City Council RE: Recommended Reappointment – Cable TV Commission Board Reappointment As an item for tonight’s City Council agenda, I am recommending the reappointments of Tommy Campbell Phil King to the Cable Television Commission as reflected on the memo from Communications Director Alan Bozeman. Sincerely, Shane McFarland Mayor Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov

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