City Council

October 18, 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, October 18, 2018, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Vice-Mayor Madelyn Scales Harris was absent and excused from this meeting. The following representatives of the City were also present: Craig Tindall, City Manager David Ives, Deputy City Attorney Melissa Wright, City Recorder/Finance Director Donald Anthony, Planning Director Matthew Blomeley, Assistant Planning Director Austin Cooper, Planner Pam Russell, Human Resources Director Raymond Hillis, Operations Manager Street Department Chris Griffith, City Engineer Darren Gore, Assistant City Manager Utility Enterprise John Callow, Community Development Director Angela Jackson, Executive Director Community Services Nate Williams, Parks & Recreation Director Sam Huddleston, Executive Director Development Services 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, recognized STARS Award recipients Lucas Stanley and Trenton Ferrell with the Murfreesboro Street Department who were nominated for “Outstanding Performance”. Mr. Joe Reeves, long time resident of Murfreesboro, reported to the Street Department that Lucas and Trenton assisted him with a flat tire while on duty. Mayor McFarland presented a plaque recognizing these employees for demonstrating exemplary service and representing the City in a positive light, exhibiting the core values and “Creating a Better Quality of Life”. The Consent Agenda was presented to the Council for approval: 1. FY 2019 City Manager Approved Budget Amendments (Finance). 2. FY 2019 Contract with RTA for Provision of Transit Services (Transportation). 3. Renewal of Certificate of Compliance for Retail Liquor Store: Barbara Hutson Fry and A. Curtis Hutson, Jr. at Bubba’s Wine & Liquors, 2510 S. Church Street (Finance). 4. Housing Rehabilitation: 1811 Foxdale Drive (Community Development).  October 18, 2018 Page 2 5. Pro Forma and Revenue Requirement Study for Solid Waste (Utility Enterprises). 6. Hach Instrumentation (Water Resources). 7. Asphalt Purchases Report (Water Resources). 8. Garbage Carts (Solid Waste). 9. Purchase Unmarked Police Vehicles (Police). 10. Agreement with CertaPro Painters for Murfree Spring Boardwalk Repair & Repainting (Parks & Recreation). (Insert letters from Finance (2), Transportation, Community Development, Utility Enterprise, Water Resources, Solid Waste, Police, and Parks & Recreation here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Shacklett 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 special meeting held on September 20, 2018 and the regular meetings held on September 20, 2018, September 27, 2018 and October 10, 2018. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 18-O-55 amending the Murfreesboro City Code, Chapter 2-Administration, Section 2-76, Board Created: composition; term of office; vacancies; bond; oath; changing the number of Water Resources Board members; and adding an additional Council member to the Board,” which passed first reading on September 27, 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: Rick LaLance Ronnie Martin 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-55 here.) The following letter from the City Engineer was presented to the Council: (Insert letter dated October 18, 2018 here with regards to RESOLUTION 18-R-31.) The following RESOLUTION 18-R-31 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman  October 18, 2018 Page 3 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-31 here authorizing development of an application for installation of small wireless facilities (aka small cell facilities) and designating small wireless facility fees.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated October 18, 2018 here with regards to Mandatory Referral for abandonment of ROW along Agripark Drive [2018-721].) Mr. Smotherman made a motion to approve the Mandatory Referral Abandonment of right-of-way along Agripark Drive subject to the Planning Commission’s conditions as stated. Mr. Wade seconded the motion and all members of the Council present voted “Aye” except Mr. LaLance who was not present at this time. The Assistant Planning Director introduced Austin Cooper, newly hired Planner. The following letter from the Planning Department was presented to the Council: (Insert letter dated October 18, 2018 here with regards to scheduling a public hearing to consider Annexation Progress Reports for Plan of Services for areas along Cherry Lane; Lynnford Drive & west of Shelbyville Pike; Osborne Lane; Memorial Boulevard; Blanton Drive; Veterans Parkway; John Bragg Highway; Elam Road; New Salem Highway (2); Manchester Pike; and Shelbyville Pike.) Mr. Smotherman made a motion to schedule a public hearing for November 29, 2018 to consider Annexation Progress Reports for Plan of Services effective for one year. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated October 18, 2018 here with regards to scheduling public hearings to consider zoning along Suzanne Landon Drive and Cedar View Drive (PRD) including amending existing PRD and rezoning 5 acres to PRD; Annexation/Zoning (RS-6, RS-10 & RS-12) along Veals Road, simultaneous with annexation; amend Bell Tower Apartments PRD; Rezone Brandie’s Circle (CF); Annexation Plan of Services and Annexation Petition for segments of I-840, I-24, Butler Drive, Elam Road, Joe B. Jackson Parkway, John R. Rice Boulevard, John Bragg Highway, and Shelbyville Pike Right-of-Way; and Amend Zoning Ordinance, Section 9-Standards for Special Use Permits, and Chart 1 Endnotes, Uses Permitted by Zoning District pertaining to minimum distance between self-service storage facilities and street intersections.) Mr. Smotherman requested removing John R. Rice Boulevard from the annexation as it would be difficult to explain why a sidewalk is being put in the front yard of someone who lives in the County when everyone in the City does not have a sidewalk. Mr. Blomeley stated that this is the recommendation of the Planning Commission and suggested that it could be eliminated at such time after the public hearing is held. Mr. Smotherman agreed to bring it up at that time.  October 18, 2018 Page 4 The following RESOLUTION 18-R-PH-60 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-60 here to schedule a public hearing for November 29, 2018 to consider amending the zoning of approximately 11.1 acres along Suzanne Landon Drive and Cedar View Drive (Villas at Regal Square PRD) by amending the zoning of approximately 6.1 acres in the Planned Residential Development (PRD) District and rezoning approximately 5 acres from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District [2018-430]; Landquestor, LLC, applicant.) The following RESOLUTION 18-R-PH-61 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-61 here to schedule a public hearing for November 29, 2018 to consider (1) adoption of a Plan of Services for and annexation of 113.2 acres and (2) zoning of approximately 109.1 acres along Veals Road to Single-Family Residential Six (RS-6) District (approximately 18.4 acres); Single-Family Residential Ten (RS-10) District (approximately 85.8 acres); and Single-Family Residential Twelve (RS-12) District (approximately 4.8 acres); Philip McAfee and The Hall Family Real Estate Partnership, LP, applicants [2018-510 & 2018-431].) The following RESOLUTION 18-R-PH-62 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-62 here to schedule a public hearing for November 29, 2018 to consider an amendment to approximately 22.5 acres in the Planned Residential Development (PRD) District located along New Salem Highway (Bell Tower Apartments PRD) [2018-432]; Bell Tower Investment, LLC, applicant.)  October 18, 2018 Page 5 The following RESOLUTION 18-R-PH-63 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-63 here to schedule a public hearing for November 29, 2018 to consider rezoning approximately 0.55 acres along Brandie’s Circle from Office General (OG) District to Commercial Fringe (CF) District [2018-429]; Xai Family Medical Clinic, applicant.) The following RESOLUTION 18-R-PH-64 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-64 here to schedule a public hearing for November 29, 2018 to consider adoption of a Plan of Services for and annexation of segments of Interstate 840, Interstate 24, Butler Drive, Elam Road, Joe B. Jackson Parkway, John R. Rice Boulevard, John Bragg Highway, and Shelbyville Pike right-of-way [2018-509]; City of Murfreesboro, Tennessee and City of Murfreesboro Fire and Rescue Department, applicants.) The following RESOLUTION 18-R-PH-65 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-65 here to schedule a public hearing for November 29, 2018 to consider amending Murfreesboro City Code, Appendix A-Zoning, Chart 1 Endnotes, Uses Permitted by Zoning District, pertaining to location requirements for self-service storage facilities [2018-806]; City of Murfreesboro Planning Department, applicant.) The following letter from the City Manager was presented to the Council: (Insert letter dated October 18, 2018 here with regards to Development Agreements for Church Street property.) The City Manager updated the Council on the Purchase & Sale Agreement and Mixed- Use Development Agreement with One East College, LLC (previously Murfreesboro  October 18, 2018 Page 6 Investment Group). The purchase price is $1.8 Million which encompasses the entire City block bounded by Church, College, Lytle and Spring Streets and includes the historic First United Methodist Church property, small office building on Church and College Streets and the City’s parking lot. Earnest money of $100,000.00 to be deposited. The developer will have 180 days to conduct necessary studies. If construction does not begin within 210 days of the closing date, the Purchase & Sale Agreement includes a “repurchase option”. The Mixed-Use Development Agreement defines the project that will include retail, commercial and residential. Part of the development will be a major brand hotel projected at 120 rooms; sufficient parking; Tax Incentive Financing (TIF) Program that will assist with public infrastructure and some of the parking that will be developed that will be exclusive to this property; and taxes created on this property. The TIF Program will go before the Industrial - Development Board. The Economic Impact Plan will continue to be negotiated which will then go to the Industrial Development Board for approval and then go before the County and City for approval before it goes into effect. The agreements are close to being final; however, there are still some legal reviews and changes to be made in aligning the documents with the Economic Impact Plan that is yet to be developed. Mr. Jeff Reed, Counsel for the group, and Principals were present. Mr. Reed expressed enthusiasm to move forward with a Class A project in the downtown area and retaining the historic Bell Tower and Sanctuary of the Church. The project will be blended architecturally with what Murfreesboro has downtown. There were no questions from the Council. Mr. Shacklett made a motion to approve the Purchase and Sale Agreement in the amount of $1.8 Million and Mixed-Use Development Agreement with One East College, LLC, subject to legal review. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager, Utility Enterprise, was presented to the Council: (Insert letter dated October 18, 2018 here with regards to Step System approval for Marshall Lyons Elliott on John Bragg Highway.) Mr. LaLance made a motion to approve a Decentralized Step System for Marshall Lyons Elliott along John Bragg Highway for approximately 265 acres for development of 526 lots zoned Highway Commercial (CH) District and Residential Multi-Family Sixteen (RM-16) District on the northern portion and portions of Residential Single-Family Attached (RS-A) District, Single-Family Residential Six (RS-6) District and Single-Family Residential Ten (RS- 10) District on the southern property. Mr. Wade seconded the motion and all members of the Council present voted “Aye”.  October 18, 2018 Page 7 The following letter from the Human Resources Director was presented to the Council: (Insert letter dated October 18, 2018 here with regards to Consulting Contract with HUB International for review of City Job Descriptions.) Mr. Martin made a motion to approve a Consulting Contract with HUB International for review of City Job Descriptions at a cost of approximately $43,000.00, funded through Class and Compensation Fund Balance. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”, except Mr. LaLance voted “Abstain”. Upon recommendation of Mayor McFarland, Mr. Smotherman made a motion to appoint Ms. Roseann Barton to fulfill the term of Mr. Phil King with term ending 4/30/2021 on the Cable TV Commission. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland made Council appointments to the following Boards and Commissions: Vice-Mayor Scales Harris: St. Clair Street Senior Center Commission & Water Resources Board. Mr. Rick LaLance: Parks & Recreation Commission & Power Board. Mr. Ronnie Martin: Cable TV Commission, Pension Committee & Planning Commission. Mr. Bill Shacklett: Airport Commission, City Board of Education & St. Clair Street Senior Center Commission. Mr. Eddie Smotherman: Parks & Recreation Commission, Planning Commission & Urban Environmental Commission. Mr. Kirt Wade: Golf Commission & Water Resources Board. A motion was not required for these appointments. The City Recorder/Finance Director indicated there were no Beer Permit Applications to be considered. The City Recorder/Finance Director indicated there were no statements to be considered for payment. Under other business, Mayor McFarland gave a progress report on discussions with the National Battlefield for a land swap to realign the new Northfield Boulevard extension with the Battlefield entrance. A proposal is being presented for 4 acres of land from the National Battlefield in exchange for land by Fort Rosecrans. Council would be updated as the process moves forward.  October 18, 2018 Page 8 Mr. Eddie Smotherman addressed the Urban Environmental Department being divided into Parks & Recreation and Street Departments and suggested that the Urban Environment Commission be dissolved. The City Attorney would come back with a legal document to dissolve it. There being no further business, Mayor McFarland adjourned this meeting at 7:32 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER