City Council

December 20, 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, December 20, 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 Ronnie Martin Bill Shacklett Eddie Smotherman Council Member Kirt Wade was absent and excused from this meeting. The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney David Ives, Deputy City Attorney Melissa Wright, City Recorder/ Finance Director Sam Huddleston, Executive Director-Development Services Paul Boyer, Executive Director-Internal Services/Purchasing Director Erin Tucker, Budget Director Robert Holtz, Director-Building & Codes Matthew Blomeley, Assistant Planning Director Austin Cooper, Planner Joey Smith, Director-Solid Waste Bo Jones, Facilities Maintenance Director Chris Lilly, Director-Information Technology Nate Williams, Director-Recreation Chris Griffith, Executive Director-Public Works/City Engineer Jim Kerr, Jr., Director- Transportation Mayor Shane McFarland commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Legislative Affairs Contract for 2019 General Assembly (Administration). 2. Barker & Burton Street Project-Materials Bid (Water Resources). 3. MWRD-Operations & Maintenance Vehicle Purchases (Water Resources). 4. Commercial Structures and Facilities Painting Bid (Water Resources). 5. SRWT Improvements Project Change Item No. 10 (Water Resources). 6. Mission Monitor Purchase (Water Resources). 7. Engineering & Inspection Services-Sewer Rehabilitation 2019 (Water Resources). 8. 2019 Bioassessment Sampling of West Fork Stones River, SSR Task Order Amendment No. 6 (Water Resources). 9. Overall Creek Pump Station Upgrades (Water Resources). 10. Asphalt Purchases Report (Water Resources). 11. Purchase of new Dodge Ram 5500 Truck (street). 12. Purchase of a new Nissan Passenger Van (Street). 13. Revised Lease Agreement with Murfreesboro Jaycee Colonels (Parks & Recreation).  December 20, 2018 Page 2 14. Amendment 1 to Contract with Kerr Bros. & Associates for Annual Pavement Marking Contract (Transportation). 15. Amendment 2 to Agreement Number 110327 with TDOT for Cherry Lane Phase 3 (Transportation). 16. Banner Request (Finance): a. Read to Succeed: September 2-6, 2019 (Reading in Schools Day). b. Read to Succeed: September 23-October 1, 2019 (Celebrity Spelling Bee). c. Providence Christian Academy: October 1-11, 2019 (Fall Festival) d. Murfreesboro Parks & Recreation: December 23, 2019-January 1, 2020 (New Year’s Day 5K) (Insert letters from Administration, Water Resources (9), Street (2), Parks & Recreation, Transportation (2) and Finance here.) Mr. LaLance made a motion to approve the Consent Agenda. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. Mr. LaLance made a motion to approve the minutes as written and presented for the regular meeting held on November 29, 2018, the special meeting held on December 6, 2018, the regular meeting held December 6, 2018 and the regular meeting held on December 12, 2018. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to amending Exhibit “A” of ORDINANCE 18-O-66 amending the 2018-2019 Budget - 2ndAmendment.) Mr. LaLance made a motion to amend Exhibit “A” of ORDINANCE 18-O-66. Vice- Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 18-O-66 amending the 2018-2019 Budget (2nd Amendment),” which passed first reading on December 6, 2019, was read to the Council and offered for passage on second and final reading, as amended, upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-O-66 here.) The following letter from the Parks and Recreation Director was presented to the Council:  December 20, 2018 Page 3 (Insert letter dated December 20, 2018 here with regards to updates to City Code through Ordinance 18-0-70 amending Chapter 21, Section 21-47 dealing with the closing hours for Civic Plaza, City parks, parking lots, school grounds and trespassing.) An ordinance, entitled “ORDINANCE 18-O-70 amending the Murfreesboro City Code, Chapter 21 – Offenses and Miscellaneous Provisions, Section 21-47 dealing with closing hours for Civic Plaza, City parks, parking lots, school grounds and trespassing,” was read to the Council and offered for passage on first reading upon motion made by Vice-Mayor Scales Harris, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated December 20, 2018 regarding Adoption of Current Code Editions and approval of Ordinance 18-O-71 amending City Code Chapters 7, 11, 12, 15, 17, and 23 here.) An ordinance, entitled “Ordinance 18-O-71 amending Murfreesboro City Code Chapters 7, 11, 12, 15, 17 and 23 by adopting the 2018 International Building Code, 2018 International Existing Building Code, 2018 International Residential Code, 2018 International Mechanical Code, 2018 International Energy Conservation Code, 2017 National Electrical Code, 2018 International Fire Code, 2018 International Fuel Gas Code, 2018 International Property Maintenance Code, 2018 International Plumbing Code, 2018 International Swimming Pool and Spa Code, and certain proposed amendments to such codes and standards,” was read to the Council and offered for passage on first reading upon motion made by Mr. Martin, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None The following letter from the Planning Department Planner was presented to the Council by the Assistant Planning Director:  December 20, 2018 Page 4 (Insert letter dated December 20, 2018 here with regards to holding a public hearing to consider Annexation Progress Reports effective for one year for Northwest Broad Street; West Thompson Lane; Blackman Road; Manchester Pike; New Salem Highway and River Rock Boulevard; Veterans Parkway; New Salem Highway; Veteran’s Parkway east of Cason Lane; Barfield Road; Old Salem Road and East Overall Creek Road; New Salem Highway; South Rutherford Boulevard; West Thompson Lane; and Manchester Pike and Dilton Mankin Road.) Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the Annexation Progress Reports for those areas effective one year, step forward to the lectern. There was no one present who wished to speak for or against the Annexation Progress Reports and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. LaLance made a motion to approve the Annexation Progress Reports as listed. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The following letter from the Planning Department Planner was presented to the Council by the Assistant Planning Director: (Insert letter dated December 20, 2018 here to schedule a public hearing to consider Annexation Progress Reports for areas effective for one year along Asbury Road and Asbury Lane; Rucker Lane; Osborne Lane and Esquire Drive; East Overall Creek Road Right-of-way; Lascassas Pike; Burnt Knob Road, Blackman Road, and Veterans Parkway; Halls Hill Pike; Florence Road and Alexandria Drive; Emery Road Right-of-way; Osborne Lane; Cushing Avenue; and Manson Pike and Florence Road.) Mr. LaLance made a motion to schedule a public hearing for January 17, 2018 to consider Annexation Progress Reports for the above stated areas. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to scheduling public hearings for zoning along Medical Center Parkway (GDO-3); zoning amendment Sunset Ridge PRD along Sunray Drive; zoning along Veterans Parkway and Kingdom Drive (CF); zoning along Veterans Parkway (PRD); and Amendments to Zoning Ordinance regarding Chart 1 Endnotes, Uses Permitted by Zoning District.) The following RESOLUTION 18-R-PH-72 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 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-72 here to schedule a public hearing for January 31, 2019 to rezone approximately 24.2 acres located along Medical Center Parkway from Gateway Design Overlay District (GDO-1) to Gateway Design Overlay District (GDO-3) [2018-439]; City of Murfreesboro and Swanson Development applicants.)  December 20, 2018 Page 5 The following RESOLUTION 18-R-PH-73 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 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-73 here to schedule a public hearing for January 31, 2019 to consider a zoning amendment to Sunset Ridge PRD to allow front-entry garages on 3 lots on approximately .58 acres along Sunray Drive [2018-436]; Chip Loyd applicant.) The following RESOLUTION 18-R-PH-74 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 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-74 here to schedule a public hearing for January 31, 2019 to consider zoning amendments to approximately 18.7 acres along Veterans Parkway and Kingdom Drive from Single-Family Residential Fifteen (RS-15) and Commercial Local (CL) to Commercial Fringe (CF) [2018-437]; Swanson Developments, LP applicant.) The following RESOLUTION 18-R-PH-75 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 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-75 here to schedule a public hearing for January 31, 2019 to consider zoning amendments to approximately 1.96 acres located along Veterans Parkway from Single-Family Residential Fifteen (RS-15) to Planned Residential Development (PRD) [2018-438]; Swanson Developments, LP applicant.) The following RESOLUTION 18-R-PH-76 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  December 20, 2018 Page 6 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-76 here to schedule a public hearing for January 31, 2019 to consider amendments to the Zoning Ordinance regarding Chart 1 Endnotes, Uses Permitted by Zoning District, pertaining to multiple-family residential uses in the MU zoning district [2018-808]; City of Murfreesboro Planning Department applicant.) The following letter from the Solid Waste Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to Tub Grinder Bid.) Mr. Martin made a motion to approve the low bid of $840,000 from CW Mill from CIP funds to purchase a new tub grinder. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Facilities Maintenance Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to a Change Order on the Energy Savings Group Contract.) Mr. LaLance made a motion to approve a contract change order for Energy Savings Group, LLC in the amount of $74,397 to convert the apparatus bays of Fire Stations 2,5,8,9 & 10 to natural gas to improve energy efficiency and lower operating costs. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following letter from the Information Technology Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to a Contract with Spyglass Group, LLC for Professional Telecommunications Auditing Services.) Chris Lilly, Information Technology Director, indicated the cost is structured as a percentage of recovery. Mr. LaLance made a motion to approve a contract with Spyglass Group, LLC to provide telecommunication auditing services. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The following letter from the Information Technology Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to a Contract with Environmental Systems Research Institute, Inc. (ESRI) for a Small Government Enterprise Licensing Agreement for GIS services and products) Chris Lilly, Information Technology Director, explained the annual licensing cost will be $159,600 and will be shared between the Information Technology and Water Resource Departments. Vice-Mayor Scales Harris made a motion to approve the contract with Environmental Systems Research Institute, Inc. (ESRI) for a Small Government Enterprise  December 20, 2018 Page 7 Licensing agreement for GIS services and products. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Parks & Recreation Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to a Construction Contract with Boyce Ballard Construction for a maintenance building at McKnight Park) Nate Williams, Parks & Recreation Director, presented the request to construct a maintenance building at McKnight Park, using Capital Improvement Funding, at a cost of $857,500, after value engineering review, from the lowest responsive bidder. Mr. LaLance made a motion to approve the construction contract with Boyce Ballard Construction, subject to contract review by staff of the City’s Legal Department. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The following letter from the Executive Director-Public Works/City Engineer was presented to the Council: (Insert letter dated December 20, 2018 here with regards to a Work Order #5 with Energy Land & Infrastructure, LLC Construction for Northfield Boulevard Extension – Phase I project Contract) Chris Griffith, Executive Director-Public Works/City Engineer, presented Work Order #5 for additional survey, design and construction administration services for the Northfield Boulevard Extension – Phase 1 project at a cost of $71,820 to be funded from the Vanderbilt land sale. Mr. LaLance made a motion to approve Work Order #5. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The following letter from the Executive Director-Public Works/City Engineer was presented to the Council: (Insert letter dated December 20, 2018 here with regards to Robert Rose Drive at Thompson Lane design contract with Energy Land & Infrastructure, LLC) Chris Griffith, Executive Director-Public Works/City Engineer, presented a staff recommendation to approve a design contract with Energy Land & Infrastructure, LLC for roadway improvements to Robert Rose Drive at Thompson Lane, in the amount of $84,370, to be funded from State Street Aid funds. Mr. LaLance made a motion to approve the recommendation and Mr. Shacklett seconded the motion. All members of the Council present voted “Aye”. The following letter from the Executive Director-Public Works/City Engineer was presented to the Council: (Insert letter dated December 20, 2018 here with regards to Rawso, LLC bid for the Northfield Boulevard Extension – Phase I Contract)  December 20, 2018 Page 8 Chris Griffith, Executive Director-Public Works/City Engineer, presented bids for the Northfield Boulevard Extension – Phase I contract. The recommendation is to accept the low bid from Rawso, LLC at $2,481,458, to be paid from the Vanderbilt land sale. Mr. LaLance made a motion to approve the recommendation and Mr. Shacklett seconded the motion. All members of the Council present voted “Aye”. The following letter from the Transportation Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to Contracts for Right-of-Way Acquisition Services for Mercury Boulevard Sidewalk Project Phase I with Property Group and R. Rhett Turner & Associates) Jim Kerr, Transportation Director, requested approval of consulting contracts with Property Group (estimated at $38,250) and R. Rhett Turner & Associates (estimated at $53,200) to initiate the Mercury Boulevard Sidewalk Project Phase I. These costs are funded in the City’s Capital Improvement Program. Mr. LaLance made a motion to approve the contracts with Property Group and R. Rhett Turner & Associates. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The following letter from the Transportation Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to Annual Traffic Signal Maintenance Contract with S&W Contracting Co. Inc.) Jim Kerr, Transportation Director, requested approval of the low bid received from S&W Contracting Co. Inc. for the annual traffic signal maintenance contract. This contract is funded from the General Fund, including State Street Aid funds. Mr. Martin made a motion to approve the contract with S&W Contracting Co, Inc. and Mr. LaLance seconded the motion. All members of the Council present voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated December 20, 2018 here with regards to Beer Permit Application for S. Church St. Market, 1411 S. Church St., and Special Event Permits for Discovery Center for events on 3/1/2019 at 502 SE Broad Street, 5/3/2019 at 502 SE Broad Street and 6/7/2019 at 702 E. Main Street) The City Recorder/Finance Director indicated approval of the application for S. Church St. Market is subject to completion of all building and codes inspections being met. Mr. Martin made a motion to approve a Beer Permit for S. Church St. Market, 1411 S. Church Street (new location), subject to all building and codes inspections being met, and approval for the special event permits for Discovery Center on 3/1/2019 at 502 SE Broad Street, 5/3/2019 at 502 SE Broad Street and 6/7/2019 at 702 E. Main Street. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. Upon recommendation of Mayor McFarland, Vice-Mayor Scales Harris made a motion to appoint Ricky Greenberg to the Board of Electrical Examiners, to fulfill the unexpired term  December 20, 2018 Page 9 of Stan Harvey who has retired (term ending 06/30/2021). Mr. Martin seconded the motion and all members of the Council present voted “Aye”. 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 December 20, 2018 here with regards to donation of Gas Line Easement to ATMOS to serve maintenance building at McKnight Park and TDK Hangar at the Airport) Mr. Martin made a motion to approve the donation of a gas line easement to ATMOS to extend a gas line to service the maintenance building at McKnight Park and the TDK Hangar at the airport. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The City Manager went over the meeting calendar stating the first meeting in 2019 would be a Council meeting on Wednesday January 9th, and the first public comment would be Thursday January 17th before the regular 7:00 p.m. meeting to follow. The Mayor indicated he has requested the City Manager work with the Police Department to help identify and notify the Electric Department about non-working street lights that need to be replaced. There being no further business, Mayor McFarland adjourned this meeting at 7:39 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER