City Council

August 16, 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, August 16, 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 Adam Tucker, Interim City Attorney David Ives, Deputy City Attorney Melissa Wright, City Recorder/Finance Director Chad Gehrke, Airport Manager Robert Holtz, Building & Codes Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Rick LaLance commenced the meeting with a prayer followed by the Pledge of Allegiance. Ms. Pam Russell, Human Resources Director, presented a STARS Award to Engine 4 Crew Captain Keith Bratcher, Driver David Simms, Firefighter Troy Gannon and Firefighter Duane O’Donnell. These employees demonstrated exemplary service and represented the City in a positive light, exhibiting the core values and “Creating a Better Quality of Life” when they responded to a call on Graybar Lane at 8:30 p.m. on June 8, 2018 to assist a male patient that was unresponsive from a possible overdose. The crew administered medication and performed CPR on the patient who regained breathing and a pulse. Upon arriving at the Emergency Room, the doctor and medics commented to the patient that the efforts of the firefighters saved his life. Mayor McFarland congratulated each crew member and presented a STARS Award Plaque. State Representative Mike Sparks and former City Council Member/Vice-Mayor Chris Bratcher were also present for this presentation. The Consent Agenda was presented to the Council for approval: 1. Water Resources: Precast Manhole Structures Bid. 2. St. Clair Street Senior Center: Restructure Social Services Department. 3. Community Development: Housing Rehabilitation: 163 Lansdan Drive. 4. Community Development: The Journey Home Acquisition of Rental Property. 5. Parks & Recreation: Contract Addendum for Redesign of Parks Maintenance Facilities. 6. Airport: Annual Tennessee Airport Maintenance Grant. 7. Engineering: CIP Funds Transfer-Kingdom Drive Bridge.  August 16, 2018 Page 2 8. City Recorder: Retail Liquor Certificate of Compliance Renewal: Longhorn Liquor at 223 NW Broad Street. 9. Police: 2018 Justice Assistance Grant Application & MOU with Rutherford County Sheriff’s Office. 10. Police: Purchase Server Equipment for Police & Fire Rescue Operations. 11. Police: Contract with Forensic Technology for Purchase of Forensic Equipment. 12. Finance: FY 2019 City Manager Approved Budget Amendments. (Insert letters from the Water Resources, St. Clair Street Senior Center, Community Development, Parks & Recreation, Airport, Engineering, City Recorder, Police and Finance here.) The City Manager clarified that Water Resources has one item listed for Precast Manhole Structures Bid; however, other items were attached to the recommendation, and these will be considered on the next agenda. Mr. Shacklett made a motion to approve the Consent Agenda. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. Wade made a motion to approve the minutes as written and presented for the special meeting held on July 19, 2018. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-OZ-26 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 18.29 acres along Armstrong Valley Road as Single-Family Residential Six (RS-6) District, simultaneous with annexation, and to rezone approximately 44.5 acres along Armstrong Valley Road from Single-Family Residential Eight (RS-8) District to Single-Family Residential Six (RS-6) District; Cornerstone Development, LLC, applicant [2018-409],” 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. 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: (Insert ORDINANCE 18-OZ-26 here.) An ordinance, entitled “ORDINANCE 18-O-43 amending the Murfreesboro City Code, Chapter 33-Water and Sewers, Section 33-200, regarding the Compton Road Sanitary  August 16, 2018 Page 3 Sewer Special Assessment District,” which passed first reading on July 26, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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-43 here.) An ordinance, entitled “ORDINANCE 18-O-47 amending the Murfreesboro City Code, Chapter 2-Administration, Chapter 11-Electricity, and Chapter 33-Water and Sewers to implement organizational restructuring of City departments,” which passed first reading on July 26, 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-O-47 here.) The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Setback Requirements for Residential HVAC units.) An ordinance, entitled “ORDINANCE 18-O-48 amending the Murfreesboro City Code, Chapter 7, Buildings, Section 7-12, International Residential Code-Amended,” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Wade. 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  August 16, 2018 Page 4 Nay: None The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Increases in Building Permit Fees.) The following RESOLUTION 18-R-24 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-24 here adopting a Schedule of Fees for Permits Issued by the City of Murfreesboro Building and Codes Department.) The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Permit Fee Refund Policy.) The following RESOLUTION 18-R-25 was read to the Council and offered for adoption upon motion made by Mr. Wade, 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 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-25 here adopting a City of Murfreesboro Building and Codes Department Permit Refund Policy.) The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Increase in Sign Fees.) The following RESOLUTION 18-R-26 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  August 16, 2018 Page 5 Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-26 here establishing fees for issuance of sign permits pursuant to Chapter 25.2, the Sign Ordinance.) The following letter from the Airport Manager was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Release of Surplus Property.) The following RESOLUTION 18-R-27 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, 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 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-27 here declaring the intention of the City to utilization of the funds received from the sale of a certain tract of land to be released from the Grant restrictions related to the acquisition of the property exclusively to offset costs of constructing a new Terminal Building and related facilities at the Murfreesboro Airport.) The following letter from the Planning Commission was presented to the Council: (Insert letter dated August 16, 2018 here to schedule public hearings to consider zoning (4.9 acres) along Old Lascassas Rd & Greenland Dr (PUD) (College Pointe Center PUD); Annexation Plan of Services & Annexation Petition (3.2 acres) along Spring Cove Dr & Tombee Crt; Zoning (4.5 acres) (13 acres) along New Salem Hwy & Warrior Dr (P); and amend Zoning Ordinance Sections 7, 9, 24, 26, 27 & 31 and Chart 1 Endnotes.) The following RESOLUTION 18-R-PH-50 was read to the Council and offered for adoption upon motion made by Mr. Wade, 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 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-50 here to schedule a public hearing for September 20, 2018 to consider rezoning approximately 4.9 acres along Old Lascassas Rd and Greenland Dr from Single-Family Residential Fifteen (RS-15) District and Residential Multi- Family Sixteen (RM-16) District to Planned Unit Development (PUD) District (College Pointe Center PUD) [2018-425]; Rajesh Aggarwal, applicant.)  August 16, 2018 Page 6 The following RESOLUTION 18-R-PH-51 was read to the Council and offered for adoption upon motion made by Mr. Wade, 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 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-51 here to schedule a public hearing for September 20, 2018 to consider adoption of a Plan of Services for and annexation of approximately 3.2 acres along Spring Cove Dr & Tombee Crt [2018-507]; Christopher & Karen Yonge, applicants.) The following RESOLUTION 18-R-PH-52 was read to the Council and offered for adoption upon motion made by Mr. Wade, 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 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-52 here to schedule a public hearing for September 20, 2018 to consider rezoning approximately 4.5 acres from Single-Family Attached, Zero-Lot Line (RS-A, Type 1) District to Park (P) District and approximately 13 acres from Single- Family Residential Fifteen (RS-15) District to Park (P) District along New Salem Hwy & Warrior Dr [2018-423]; Mark Pirtle Gateway, LLC & City of Murfreesboro, applicants.) The following RESOLUTION 18-R-PH-53 was read to the Council and offered for adoption upon motion made by Mr. Wade, 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 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-53 here to schedule a public hearing for September 20, 2018 to consider amending Appendix A-Zoning dealing with revising Code references to reflect the proper boards, divisions and departments responsible [2018-802]; Planning Staff, applicant.) The following letter from the Airport Manager was presented to the Council: (Insert letter dated August 16, 2018 here with regards to access easement for TDK Hangar.)  August 16, 2018 Page 7 Mr. LaLance made a motion to approve an Access Easement for TDK Hangar. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter from the Airport Manager was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Supplemental Land Lease Agreement with TDK Hangar.) Mr. LaLance made a motion to approve a Supplemental Land Lease Agreement with TDK Hangar. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Certificate of Compliance for Roxanne M. Blacksher at Aldi #18.) Mr. Wade made a motion to approve a Certificate of Compliance for Wine in Retail Food Stores for Roxanne M. Blacksher, Aldi #18 at 3267 Memorial Boulevard. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Certificate of Good Moral Character for Patrick Walker at Murfreesboro Moose Lodge 645, 440 Rice Street.) Mr. LaLance made a motion to approve a Certificate of Good Moral Character for Patrick Walker at Murfreesboro Moose Lodge 645, 440 Rice Street (new location). Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated August 16, 2018 here with regards to Beer Permit Applications.) Mr. Smotherman made a motion to approve the following Beer Permit Applications pending successful completion of all building and codes inspections: Sodexo Operation, LLC @ MTSU Concessions, Johnny “Red” Floyd Stadium, 1327 Faulkinberry Drive (new location); Sodexo Operation, LLC @ MTSU Concessions, Charles M. Murphy Center, 2650 Middle TN Boulevard (new location); Sodexo Operation, LLC @ MTSU Concessions, Reese Smith Jr. Field, 635 Champion Way (new location); Sodexo Operation, LLC @ MTSU Concessions, Softball Field, 1836 MTSU Boulevard (new location); Aldi #18, 3267 Memorial Boulevard (new location); Spoke Easy, 220 Veterans Parkway, Suite l (new location); and Oishiya Hibachi and Sushi (ownership/name change), 517 Cason Lane, Suite A. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated there were no board or commission appointments to be made.  August 16, 2018 Page 8 The City Recorder/Finance Director indicated there were no statements to be considered for payment. Under other business, the following letter from the Human Resources Director was presented to the Council: (Insert letter dated August 16, 2018 here with regards to ICMA-RC Adoption Agreement Update.) Mr. LaLance made a motion to approve the revised ICMA-RC Money Purchase Plan & Trust Adoption Agreement. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the results of the interviews held on Wednesday, August 15, 2018, for the position of City Attorney are to negotiate an offer to Mr. Adam Tucker, Interim City Attorney. Outside legal counsel is being requested to begin the process of negotiations. Vice-Mayor Scales Harris made a motion to engage outside legal counsel to proceed with contract negotiations with Mr. Adam Tucker. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Vice-Mayor Scales Harris thanked the citizens of Murfreesboro who voted to re-elect her for another term on the City Council. Mayor McFarland congratulated Mr. Ronnie Martin, newly elected City Council Member, Vice-Mayor Madelyn Scales Harris and Mr. Rick LaLance who were re-elected to serve another term. There being no further business, Mayor McFarland adjourned this meeting at 7:36 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER