City Council

January 17, 2019 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, January 17, 2019, 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 Kirt Wade 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 Gary Whitaker, Assistant City Manager Development and Coordination Darren Gore, Assistant City Manager Utility Enterprises Chris Griffith, Executive Director-Public Works/ City Engineer Robert Holtz, Building & Codes Director Bo Jones, Facilities Maintenance Superintendent Chris Lilly, Information Technology Director Pam Russell, Human Resources Director Donald Anthony, Assistant Planning Director Matthew Blomeley, Assistant Planning Director Vice-Mayor Madelyn Scales Harris commenced the meeting by introducing Greg Tucker to lead the prayer followed by the Pledge of Allegiance. Ms. Pam Russell, Human Resources Director, recognized STARS Award recipient Chris Randolph, Golf Department Shop Manager, who took immediate action in response to the sudden and life-threatening illness of a golf patron, Preston Wilkerson, who needed emergency assistance. His quick and decisive action contributed to Mr. Wilkerson not sustaining major heart damage. Mayor McFarland presented a plaque recognizing Mr. Randolph for his ability to represent the best of what Murfreesboro City Employees have to offer exhibiting core values and creating a better quality of life for citizens. Mr. Greg Tucker, Rutherford County Historian, gave a presentation on the laws of Murfreesboro in 1900, including essential house laws (out house), gambling regulations, animals, lighted candles, kite flying, certain weapons, etc. The Consent Agenda was presented to the Council for approval: 1. TEER Phase 2 Services Contract with Griggs & Maloney for MTI-11 Phase 1 Roadway Project (Sazarac Connector Road) (Engineering). 2. Blackman Park Highway 96 Site Commercial Market Analysis Services Contract (Administration). 3. FY 2019 City Manager Approved Budget Amendments (Finance).  January 17, 2019 Page 2 4. CIP Funds Transfer – City Manager Approved (Finance). 5. Blackman Park Highway 96 Geotech and Jurisdictional Waters Service Contract (Parks & Recreation). 6. Blackman Park Highway 96 Surveying and Engineering Services Contract (Parks & Recreation). 7. Approval to Purchase Turnout Gear from NPPGov (MFRD). 8. Purchase of New Vehicles – 2014 Capital Improvement Funds (Police). 9. Purchase LEEDS Firearms/Tool Marks Comparison Microscope (LCF3) (Police). 10. Banner Request (Finance): a. Read to Succeed: January 28-February 5, 2019 (Unplug and Read). b. Noon Exchange Club: May 17-27, 2019 (Healing Field). (Insert letters from Engineering, Administration, Finance (3), Parks & Recreation (2), Murfreesboro Fire & Rescue Department, and Police (2) here.) Mr. Shacklett made a motion to approve the Consent Agenda. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated January 17, 2019 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,” which passed first reading on December 20, 2018, was read to the Council and offered for passage on second and final reading, upon motion made by Mr. Wade, 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 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-O-71 here.)  January 17, 2019 Page 3 The following letter from the Parks and Recreation Director was presented to the Council: (Insert letter dated January 17, 2019 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,” which passed first reading on December 20, 2018, was read to the Council and offered for passage on second and final reading, upon motion made by Mr. Wade, 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 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-O-70 here.) The following letter from the Planning Department was presented to Council: (Insert letter dated January 17, 2019 here with regards to holding a public hearing to consider amending the Murfreesboro Zoning Ordinance pertaining to Site Plan Review Authority [2018-807]) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-69 adopted by the City Council on November 29, 2018, to consider amending Murfreesboro City Code Appendix A-Zoning, Section 7, Site Plan Review, pertaining to site plan review authority, City of Murfreesboro Planning Department, applicant [2018-807]. Notice of said public hearing was published in the January 01, 2019 issue of the local newspaper as follows: (Insert notice here.) The Planning Director explained how the ordinance changes would be applied, and that the Planning Commission had approved it unanimously. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against amending Murfreesboro Zoning Ordinance regarding site plan review authority, step forward to the lectern. There was no one present who wished to speak for or against amending Murfreesboro Zoning Ordinance and, after ample time had been given, Mayor McFarland declared the public hearing closed.  January 17, 2019 Page 4 An ordinance, entitled “ORDINANCE 18-O-69 amending Murfreesboro City Code Appendix A-Zoning, Section 7, Site Plan Review, pertaining to site plan review authority was presented to the Council. A motion was made by Mr. LaLance for passage on first reading, 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 Shane McFarland Kirt Wade Nay: None An ordinance, entitled “ORDINANCE 19-O-01 amending the Murfreesboro City Code, Chapter 18 – Licenses and Ad Valorem Taxes, Section 18-81, Levied and Section 18-83, Remittance to City; operator responsibility” increasing the Hotel/Motel Occupancy Tax from 2.5% to 5% was read to the Council. The City Manager explained the proposed uses of the tax payments and answered questions from Council. Mr. Smotherman made a motion to amend the implementation date of the ordinance from March 1st, 2019 to July 1st, 2019, seconded by Mr. Martin. Upon roll call said amendment was passed by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None A motion was made by Mr. Smotherman for passage on first reading, as amended, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None Abstain: Ronnie Martin The following letter from the IT Director was presented to the Council: (Insert letter dated January 17, 2019 here with regards to Resolution 19-R-01)  January 17, 2019 Page 5 The following RESOLUTION 19-R-01 was read to the Council and offered for adoption upon motion made by Vice-Mayor Scales Harris, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None (Insert RESOLUTION 19-R-01 here designating certain information confidential in accordance with Tenn. Code Ann. §10-7-504(i)(3)(C)) The following letter from the Planning Department was presented to the Council by the Assistant Planning Director: (Insert letter dated January 17, 2019 here with regards to holding a public hearing to consider annexation and zoning of approximately 2.37 and 0.51 acres, respectively, located along Manson Pike, Manson Court, Lyle McDonald Court, Interstate 840, and Blackman Road.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-68 adopted by the City Council on November 29, 2018, to consider (1) a Plan of Services for and annexation of approximately 2.37 acres and (2) zoning of approximately 0.51 acres located along Manson Pike, Old Manson Pike, Manson Court, Lyle McDonald Court, Interstate 840, and Blackman Road, City of Murfreesboro Planning Department, applicant. [2018-511 & 435]. Notice of said public hearing was published in the January 1, 2019 edition of a local newspaper as follows: (Insert notice here.) Mr. Blomeley indicated there was a revised map for consideration to remove a right-of- way area abandoned by the County Road Board and given to adjacent property owners and to correct some property line errors. He presented the details of the request, and that any approvals should be subject to the revised map. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the Plan of Services and annexation for those areas, step forward to the lectern. There was no one present who wished to speak for or against the Plan of Services and annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 18-R-PS-68 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Smotherman, and subject to the revised map. Upon roll call said resolution was adopted by the following vote:  January 17, 2019 Page 6 Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None (Insert RESOLUTION 18-R-PS-68 here to adopt a Plan of Services for approximately 2.37 acres, located along Manson Pike, Old Manson Pike, Manson Court, Lyle McDonald Court, Interstate 840, and Blackman Road.) The following RESOLUTION 18-R-A-68 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Smotherman, subject to revised map. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None (Insert RESOLUTION 18-R-A-68 here to adopt annexation for approximately 2.37 acres, located along Manson Pike, Old Manson Pike, Manson Court, Lyle McDonald Court, Interstate 840, and Blackman Road.) An ordinance, entitled “ORDINANCE 18-OZ-68 regarding Zoning for Approximately 0.51 Acres located along Blackman Road was presented to the Council. Mr. Blomeley explained this zoning request is a companion to the annexation above and will bring in a 10’ strip with the same zoning of the adjacent properties. He reminded Council that if approved, second reading on this ordinance would be delayed until Planning feels confident about the annexation. Mayor McFarland then declared the public hearing to zone approximately 0.51 acres as Commercial Highway (CH) open and invited those present who wished to speak for or against the zoning request, step forward to the lectern. There was no one present who wished to speak for or against the zoning request and, after ample time had been given, Mayor McFarland declared the public hearing closed. A motion was made by Mr. LaLance for passage on first reading, seconded by Mr. Martin. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None  January 17, 2019 Page 7 The following letter from the Planning Department was presented to the Council by the Assistant Planning Director: (Insert letter dated January 17, 2019 here with regards to Ordinance 18-OZ-57 to amend the PRD to allow the single-family, attached portion of the PRD to utilize City solid waste collection and to revise the mail delivery system) An ordinance, entitled “ORDINANCE 18-OZ-57 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 33.3 acres in the Planned Residential (PRD) District (General’s Landing PRD) located along West Thompson Lane; Blue Sky Construction applicant [2018-427]” 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 Shane McFarland Kirt Wade Nay: None The following letter from the Planning Department was presented to the Council by the Assistant Planning Director: (Insert letter dated January 17, 2019 here with regards to Rezoning Approximately 3.65 Acres Located Along Halls Hill Pike (CL, RM-16, CF) [2018-434].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-67 adopted by the City Council on November 29, 2018, to consider amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as is now in force and effect, to rezone approximately 3.65 acres along Halls Hill Pike from Local Commercial (CL) District and Residential Multi-Family Sixteen (RM-16) District to Commercial Fringe (CF) District; Bobby Kirby applicant [2018-434]. Notice of said public hearing was published in the January 1, 2019 edition of a local newspaper as follows: (Insert notice here.) Mayor McFarland then declared the public hearing to rezone approximately 3.65 acres located along Halls Hill Pike open and invited those present who wished to speak for or against the rezoning for the area, to step forward to the lectern. There was no one present who wished to speak for or against the rezoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-67 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore  January 17, 2019 Page 8 amended and as is now in force and effect, to rezone approximately 3.65 acres along Halls Hill Pike from Local Commercial (CL) District and Residential Multi-Family Sixteen (RM-16) District to Commercial Fringe (CF) District; Bobby Kirby applicant [2018-434]” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Martin. Upon Roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Kirt Wade Nay: None The following letter from the Planning Department was presented to the Council by the Assistant Planning Director: (Insert letter dated January 17, 2019 here with regards to Annexation Progress Reports [2018-S-105].) 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. Smotherman made a motion to approve the Annexation Progress Reports as listed. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. Mayor McFarland announced that the item regarding scheduling public hearings for Planning Commission Recommendations had been withdrawn. The following letter from the Facilities Superintendent was presented to the Council: (Insert letter dated January 17, 2019 here with regards to the purchase of a new 2019 Ford F-250 Regular Cab 4x2 Truck) Mr. Shacklett made a motion to approve the purchase, Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated January 17, 2019 here with regards to a Master Service Agreement with Wiser Consultants, Task Order No. 1 ADA Transition Plan and Task Order No. 2 Sign & Drainage Inventory in the Public Right of Way) Chris Griffith, City Engineer, presented the agreements and task orders, explaining both projects will be funded by the FY2019 and FY2020 State Street Aid budgets. Mr. Smotherman made a motion to approve the Master Service Agreement with Wiser  January 17, 2019 Page 9 Consultants. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated January 17, 2019 here with regards to Kingdom Drive Roadway Improvements – Change Order No. 2) Chris Griffith, City Engineer, presented Change Order No. 2 and explained the City’s portion of the funding, $1,508,523 is coming from the 2016 & 2018 Bond issues. Mr. Smotherman made a motion to approve the change order and Mr. LaLance seconded the motion. All members of the Council voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated January 17, 2019 here with regards to Bid tabulations and letter of recommendation for award to low bidder for the Southwest Elementary School (Salem Elementary) Roadway and Utilities Phase 1.) Chris Griffith, City Engineer, presented three bid tabulations and a letter of recommendation for the low bidder, Jenco Construction, Inc. The amount of the low bid was $1,699,930 with the funding for the project to come from a future bond issue. Mr. LaLance made a motion to approve the award of the project to Jenco Construction, Inc. and Mr. Smotherman seconded the motion. All members of the Council voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated January 17, 2019 here with regards to Beer Permit Application for Dollar General Stores at 4977 Florence Rd. and 2403 Halls Hill Pike and Special Event Permits for Kymari House for events on 2/9/2019 at 3250 Wilkinson Place and on 10/18/2019 at 308 N. Spring St.) The City Recorder/Finance Director indicated approval of the application for the Dollar General Stores is subject to completion of all building and codes inspections being met. Mr. Wade made a motion to approve the Beer Permits for the Dollar General Store at 4977 Florence Road and at 2403 Halls Hill Pike, subject to all building and codes inspections being met, and approval for the special event permits for Kymari House on 2/9/2019 at 3250 Wilkinson Place, and 10/18/2019 at 308 North Spring Street. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Executive Director of Development Services was presented. (Insert letter dated January 17, 2019 here regarding authorizing Patty Pope to be the City’s authorized representative for state and federal grant applications.) Mr. Smotherman made a motion to appoint Patty Pope, Community Development Grant Coordinator, to be the Authorized Representative for federal and state grant  January 17, 2019 Page 10 applications and to sign and submit electronic signatures on behalf of the City. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 8:23 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER