City Council

June 21, 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, June 21, 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: Craig Tindall, City Manager James Crumley, Assistant City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Erin Tucker, Assistant Finance Director Adam Tucker, Interim City Attorney David Ives, Deputy City Attorney Darren Gore, Water Resources Director Sam Huddleston, Assistant City Engineer Linda Gilbert, City Schools Director Gary Anderson, City Schools Finance & Administrative Services Director P.D. Mynatt, Murfreesboro Electric Manager Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Bill Shacklett recognized Mr. Curry Peacock who was his Professor of Urban Planning at MTSU and who is very active in the community in a variety of ways. Mr. Peacock commented on a program called the “Jericho Prayer Movement” which is held the first Saturday of every month at 7:00 a.m. on the Civic Plaza to pray for leaders of government at all levels. They are associated with a group out of Washington D.C. who hold this prayer meeting at the same time at various institutions of national government in Washington D.C. He recognized Dr. Don Berryhill who led the prayer followed by Mr. Shacklett leading those present with the Pledge of Allegiance. The Human Resources Director introduced the following STARS Award Recipients from the Murfreesboro Police and Fire & Rescue Departments who were nominated by Ms. Amber Smith, Dispatcher for Murfreesboro Police Department: Fire Captain Mike Adams; Fire Driver Richard Crick; Fire Driver Robert Odom; Firefighter Brandon McCullough; Fire Trainee Jeffrey Plaisted; Police Sergeant Marja Atchley (not present); Police Officer Richard Whitley; and Police officer Eric Nelson. This group of Public Safety employees were recognized for demonstrating exemplary service in the rescue of a kitten that was stuck in a wall behind an AC unit at an apartment complex on May 31, 2018. Prior to contacting the Police and Fire & Rescue personnel, the apartment maintenance staff and animal control were contacted but would not offer any assistance. In the process of this rescue, more kittens were found, and the employees saved all of them. Mayor McFarland presented the  June 21, 2018 Page 2 STARS Award to each of the employees and thanked them for going above and beyond their normal job duties in providing exemplary service and determination in the rescue of these animals. Mr. Greg Tucker, Rutherford County Historian, enlightened Council on the use of poll taxes in order to vote in Tennessee before the Supreme Court outlawed them in the United States. The Consent Agenda was presented to the Council for approval: 1) Solid Waste Director: Renew Contract with Rehrig Pacific Company for purchase of garbage carts. 2) Transportation Director: Budget Amendment to Contract with RTA for FY2018 Transit Services. 3) City Recorder/Finance Director: Acknowledgement of Receipt of City Manager’s approved Budget Amendments for FY 2018. 4) Chief of Police: A. Application for Edward Byrne Memorial Justice Assistance Grant Program 2014. B. Purchase Brasstrax Acquisition Station (Computer 3D Imaging Equipment) & MATCHPOINT Analysis Station for Cartridge Cases. 5) Fire & Rescue Chief: A. Approval to hire the Hall Group for Architectural Services for completion of the Doug Young Public Safety Training Facility. B. Approve Client Services Agreement with Sevalus, LLC. (Insert letters from the Solid Waste Director, Transportation Director, City Recorder/ Finance Director, Chief of Police and Fire & Rescue Chief 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”. Mr. LaLance made a motion to approve the minutes as written and presented for the special meeting held on May 24, 2018 (Budget) and the regular meeting held on May 24, 2018. Mr. Wade seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-OZ-24 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 5.8 acres along Osborne Lane from Single- Family Residential Fifteen (RS-15) District to Single-Family Residential Ten (RS-10) District; Randy Friedsam, applicant [2018-411],” which passed first reading on June 14, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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  June 21, 2018 Page 3 Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-24 here.) An ordinance, entitled “ORDINANCE 18-OZ-25 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 5.01 acres in the Planned Residential Development (PRD) District located along Conhocken Court (Oak Haven PRD) as indicated on the attached map; Courtland Colemen, applicant [2018-413]”, which passed first reading on June 14, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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: (Insert ORDINANCE 18-OZ-25 here.) An ordinance, entitled “ORDINANCE 18-OZ-28 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 4.73 acres in the Planned Commercial Development (PCD) District located at 2615 South Rutherford Boulevard (Rutherford Boulevard Self-Storage PCD), as indicated on the attached map; Eco- Site, applicant [2018-410],” which passed first reading on June 14, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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: (Insert ORDINANCE 18-OZ-28 here.) An ordinance, entitled “ORDINANCE 18-OZ-29 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  June 21, 2018 Page 4 in force and effect, to rezone approximately 3.64 acres along Franklin Road and Veterans Parkway from Commercial Fringe (CF) District to Commercial Highway (CH) District; Veterans Commons, GP, applicant [2018-412],” which passed first reading on June 14, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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: (Insert ORDINANCE 18-OZ-29 here.) An ordinance, entitled “ORDINANCE 18-OZ-30 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 8.99 acres along Old Fort Parkway from Commercial Highway (CH) District to Planned Residential Development (PRD) District (Village at Old Fort PRD); Investment Partners, LLC, applicant [2018-403],” which passed first reading on June 14, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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 follow: (Insert ORDINANCE 18-OZ-30 here.) An ordinance, entitled “ORDINANCE 18-O-31 amending Murfreesboro City Code Appendix A-Zoning, Section 7, Site Plan Review; Section 26, Off-Street Parking, Queuing, and Loading; and Chart 4, Required Off-Street Parking and Queuing Spaces by Use; pertaining to site plan review and minimum parking requirements for outdoor seating areas, commercial centers, and neighborhood shopping centers; City of Murfreesboro Planning Department, applicant [2018-801],” which passed first reading on June 14, 2018, was read to the Council and offered for passage on second and final reading upon motion made by  June 21, 2018 Page 5 Mr. LaLance, 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: (Insert ORDINANCE 18-O-31 here.) An ordinance, entitled “ORDINANCE 18-O-33 adopting a budget and appropriations ordinance providing for appropriations out of the general and special funds of the City of Murfreesboro, Tennessee, of certain sums to defray the current, necessary and special expenses of said City for the Fiscal Year 2018-2019, and for other purposes,” which passed first reading on June 14, 2018, was read to the Council and offered for passage on second and final reading. The City Recorder/Finance Director presented an amendment to Revenues and Expenditures for the Street Department ($125,000) for 2 CCTV Technicians Salary & Benefits which is a “0” effect on Fund Balance usage. Mr. LaLance made a motion to amend first reading of ORDINANCE 18-O-33. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to pass ORDINANCE 18-O-33 on second and final reading, as amended. Mr. Wade seconded the motion. 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-33 here.) An ordinance setting the tax rate at $0.9494, entitled “ORDINANCE 18-O-34 providing for the levy and collection of a tax for the year 2018 upon all property, real, personal and mixed, within and subject to the jurisdiction of the City of Murfreesboro that is now taxable under the laws and Constitution of the State of Tennessee and the Charter of said City, and for the interest and costs to be added to such taxes after certain dates,” which passed first reading on June 14, 2018, was read to the Council and offered for  June 21, 2018 Page 6 passage on second and final reading upon motion made by Mr. LaLance, 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: (Insert ORDINANCE 18-O-34 here.) The following letter of recommendations from the Assistant City Engineer was presented to the Council: (Insert letter dated June 21, 2018 here with regards to Construction Contract for Perlino Drive Bridge Contract; Proposal for Construction Phase Monitoring for SW Elementary School; and Traffic Signal Agreement Memorial Blvd, Kings Ridge and Eleanor Way.) Mr. LaLance made a motion to accept the recommendation of the Assistant City Engineer to approve the low bid of Bell and Associates in the amount of $1,254,252.00 for construction of the Perlino Drive Bridge to be funded 50/50 between the City and Ole South Properties and construction contract subject to final review and approval by the City Attorney. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. Sam Huddleston, Assistant City Engineer, reported that Mr. Ives, Deputy City Attorney, indicated that the closing on the property for Southwest Elementary School was accomplished today and documents would be recorded on Friday morning. Mr. Shacklett made a motion to accept the recommendation of the Assistant City Engineer to approve a Proposal from TTL for Construction Phase Monitoring for Southwest Elementary School in the amount of $47,500.00, to be funded from reimbursement resolution and future loan proceeds to fund the construction of the school, and to be subject to review and approval by the City Attorney. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. Wade made a motion to accept the recommendation of the Assistant City Engineer to approve and authorize the City Manager to execute the Traffic Signal Installation Agreement on behalf of the City for signalization of both Memorial Boulevard and Eleanor Way and Memorial Boulevard and Kings Ridge/Brentmeade Drive in the amount of $200,000.00, to be funded by developers and, any cost exceeding that amount to be paid from State Street Aid Fund. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  June 21, 2018 Page 7 Mayor McFarland announced that the agenda item pertaining to the recommendation from the Fire & Rescue Chief to amend Employee Handbook Section 5003.5 Public Safety Compensation had been withdrawn. The following letter from the City Schools Finance & Administrative Services Director was presented to the Council: (Insert letter dated June 1, 2018 here with regards to FY 2018 Budget Amendments.) The following RESOLUTION 18-R-17 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, 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 18-R-17 here amending 2017-2018 budgets for the Murfreesboro City Schools (1st Amendment). The following RESOLUTION 18-R-12 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, 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 18-R-12 here approving the budget of the Murfreesboro City Schools for the Fiscal Year 2018-2019, which budget includes the General Purpose Fund, the Extended School Program Fund, the Federal and State Program Funds, the Cafeteria Fund, and the Debt Service Fund.) The following RESOLUTION 18-R-13 was read to the Council and offered for adoption upon motion made by Mr. LaLance, 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 18-R-13 here approving the budget of the Evergreen Cemetery for the Fiscal Year 2018-2019.)  June 21, 2018 Page 8 The following RESOLUTION 18-R-14 was read to the Council and offered for adoption upon motion made by Vice-Mayor Scales Harris, 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 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-14 here approving the budget of the Murfreesboro Electric Department for the Fiscal Year 2018-2019.) Mayor McFarland requested that the $10 Million earmarked for a capital expenditure in the Murfreesboro Electric Department (MED) Budget for a future site and new facility be restricted to Council approval for any expenditures. The following letter from the Water Resources Board was presented to the Council: (Insert letter dated June 14, 2018 here with regards to Engineering Review and Inspection Fees for proposed (STEP) Septic Tank Effluent Pump.) The following RESOLUTION 18-R-18 was read to the Council and offered for adoption upon motion made by Mr. LaLance, 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 18-R-18 here establishing Septic Tank Effluent Pump (STEP) development fees for design review and inspection.) Upon recommendation of Mayor McFarland, the following reappointments were recommended: Board of Zoning Appeals: Ms. Julie R. P. King (06/30/2021) Ms. Frances Mosby (06/30/2021) Construction Board of Adjustments & Appeals: Mr. Lyle Lynch (6/30/2021) Mr. Ryan Maloney (6/30/2021) Mr. John E. Murray (6/30/2019) Greenway Projects Committee: Ms. Anita Pirtle (6/30/2021) Mr. Troy A. Robinson (6/30/2021) Historic Zoning Commission: Mr. Rick Cantrell (06/30/2023) Ms. Linda Anderson (06/30/2023) Murfreesboro Housing Authority:  June 21, 2018 Page 9 Ms. Judy S. Smith (05/03/2023) Parks & Recreation Commission: Mr. D. Edwin Jernigan (06/30/2021) Mr. Charles Apigian (06/30/2021) Planning Commission: Mr. Bob Lamb (06/30/2021) Mr. Ken Halliburton (06/30/2021) Stones River Regional Library Board: Mr. Tim Bowling (11/01/2021) Ms. Madelyn Scales Harris (Council Seat Expiration) Water Resources Board: Ms. Sandra Trail (06/30/2022) Mr. LaLance made a motion to approve the recommended reappointments to the Board and Commissions as presented by Mayor McFarland. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter from the Murfreesboro Parks & Recreation Athletic Superintendent was presented to the Council: (Insert letter dated June 21, 2018 here with regards to RESOLUTION 18-R-19, Tennessee Hot Air Balloon Festival at Richard Siegel Park.) Mr. Shacklett addressed the Cooperative Use Agreement and requested that it be restricted to “beer” only and delete “wine or any other alcoholic beverage”. The Interim City Attorney concurred that the language would be changed to “only beer pursuant to a Beer Permit issued by the City”. The following RESOLUTION 18-R-19 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, 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 18-R-19 here authorizing the one-time sale, possession and use of beer at Richard Siegel Park during the 2018 Murfreesboro Hot Air Balloon Festival pursuant to the terms of the Use Agreement.) Mr. Wade made a motion to approve a Special Event Beer Permit for “You’re Not Forgotten” (Hot Air Balloon Festival), 637 Rochelle Drive, Nashville, Tennessee, with the event to be held at Richard Siegel Park, 515 Cherry Lane, on June 30, 2018. 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 for payment.  June 21, 2018 Page 10 Under other business, the following letter from the Community Development Director was presented to the Council: (Insert letter dated June 21, 2018 here with regards to acquisition of property at 410 Douglas Avenue for Rutherford County Habitat for Humanity and acquisition of real property at 212-214 Fourth Avenue for Greenhouse Ministries.) Mr. LaLance made a motion to accept the recommendation of the Community Development Director and approve acquisition of property at 410 Douglas Avenue for Rutherford County Habitat for Humanity and approve acquisition of Real Property at 212- 214 Fourth Avenue for Greenhouse Ministries. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 7:56 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER