City Council

June 6, 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, June 6, 2019, with Vice-Mayor Scales Harris present and presiding and with the following Council Members present and in attendance, to wit: Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Mayor McFarland and Councilman LaLance were both 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 Darren Gore, Assistant City Manager/ Utility Enterprise Gary Whitaker, Assistant City Manager/ Development and Coordination Chris Griffith, Executive Director Public Works/City Engineer Erin Tucker, Budget Director Donald Anthony, Planning Director Pam Russell, Human Resources Director Linda Gilbert, Director of City Schools Mark Foulks, Chief of Fire & Rescue Matthew Blomeley, Assistant Planning Director Rachel Singer, Assistant Parks and Recreation Director Patty Pope, Assistant Community Development Director Mr. Martin commenced the meeting with a prayer and led those present with the Pledge of Allegiance. Mr. Greg Tucker, Rutherford County Historian, gave a presentation on land fraud, whistleblowing, the historical formation of Rutherford County and the land grant that lead to its creation. Mr. Smotherman recognized that today was the 75th anniversary of D-Day and asked that everyone remember this day. The Consent Agenda was presented to the Council for approval: 1. Town Creek Phase 1 Daylighting Surveying Services Contract (Development Services) 2. City Manager Approved FY2019 Budget Amendments (Finance) 3. Revised Hotel/Motel Tax Report (Finance) 4. Annual Actuarial Services (Finance) 5. Certificate of Compliance Renewal: Top Shelf Liquors, 2122-D N. Thompson Lane (Finance) 6. Purchase and Implementation of Credit Card Processing Services for Old Fort Golf (Information Technology) 7. Purchase of Telephone System (Information Technology) 8. Amendment 1 to Grant Contract Between GNRC and the City (Parks &  June 6, 2019 Page 2 Recreation) 9. Purchase of Library Books for Salem Elementary School (Schools) 10. Purchase of Charging Cart Storage Stations for Laptops (Schools) 11. Asphalt Purchases Report (Water Resources) 12. Memorandum of Understanding Between the City and MTSU for Stormwater (Water Resources) 13. Purchase of a Kubota Tractor for Operation and Maintenance (Water Resources) 14. Bid for Repurified Pipe for Coleman Farm (Water Resources) 15. Mechanical Electrical Services Contract Extension (Water Resources) 16. Approval of Funding for Sewer Extension, Middle Tennessee Boulevard Lenahan Leasing Subdivision (Water Resources) 17. Walter Hill Dam Rehabilitation Project-Amendment 1 (Water Resources) 18. Request for Additional Funding for Emergency Bypass Pump (Water Resources) (Insert letters from Development Services, Finance (4), IT (2), Parks & Recreation, Schools (2), & Water Resources Departments (8) here.) Mr. Wade made a motion to approve the Consent Agenda. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye” except Mr. Martin who voted “Abstain”. The following letter from the Finance Director was presented to the Council: (Insert letter dated June 6, 2019 here with regards to Budget Amendment Ordinance 19-O-11.) An ordinance, entitled “ORDINANCE 19-O-11 amending the 2018-2019 Budget (4th Amendment)”, which passed first reading on May 23, 2019, was read to the Council and offered for passage on second and final reading. Mr. Shacklett made a motion to amend Ordinance 19-0-11 to included revenue and expense items for Fleet Services and Police. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. Mr. Martin made a motion to pass Ordinance 19-O-11 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 Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 19-O-11 here.) The following letter from the Budget Director was presented to the Council: (Insert letter dated June 6, 2019 here with regards to FY 20 Public  June 6, 2019 Page 3 Hearing, Budget Changes, and 19-O-12 & 19-O-13.) Mr. Craig Tindall, City Manager, presented an overview of the Budget, staff corrections to the FY 20 Budget, Ordinance 19-O-12 and 19-O-13 to the Council, pending a public hearing. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed FY 20 Budget step forward to the podium. Mr. Richard Bains, 1319 Parkview Terrace, opposed the tax increase, stating that it’s not affordable for retirees. The Council should look at increasing impact fees. Ms. Dixie Whitley, 829 North Maple Street, opposed the tax increase, stating that she loves Murfreesboro and loves the services it provides; however, she believes that there should be enough money from all the new growth and, if there isn’t, the City should cut back on services. Dr. Bill Ford, Stratford Hall, opposed the tax increase, stating that between the City and County tax increase, the low-income residents and MTSU students won’t be able to afford to live in Murfreesboro. Mr. David Whitley, 829 North Maple Street, opposed the tax increase, believes the City should limit growth if that is the reason for the increase. Ms. Terra Keach, Tamarac Drive, opposed the tax increase, stating that she won’t be able to afford the tax increase and believes that the City should be looking at renters for revenue increases and not property owners. Mr. Steve Wade, Cliffview Community, opposed the tax increase, stating that the multifamily units in the City has contributed to the tax increase and believes that the City should look at renters for revenue increases, not property owners. Mr. Calvin Tussey, 161 McNeal Street, opposed the tax increase, stating that City services should be cut to balance the budget. Mr. Gabriel Fancher, 3104 Maddie Kate Court, opposed the tax increase, stating that the City is mismanaged and the reason the City is suffering is because there are no Budget Committees; there needs to be more members on the Council; and the City needs a full- time Mayor. Ms. Juanita Thouin, Bradford Place, opposed the tax increase, believes that we have more renters than homeowners in the City, and the City should either curb apartment complex’s or increase impact fees.  June 6, 2019 Page 4 Ms. Lesley Russel, 415 North Spring Street, opposed the tax increase, stating that the City’s money is not being spent wisely, and she would rather money be spent on infrastructure and not recreation facilities. Mr. Jeff Rainwater, 1129 Tiberius, opposed the tax increase, stating that the proposed tax increase will run off potential business; the City is horribly mismanaged; spending is out of control; and that low-income families will be the most affected. Mr. Chris Littleton, 702 Sergio Avenue, opposed the tax increase. He conducted a phone survey of the City to determine who supported the proposed tax increase and believes that the City is terribly mismanaged. Mr. Ross List, 4410 Mordecai, opposed the tax increase, stating that the City has a spending problem. A team needs to be developed to help the City manage the budget and that tax increases never go away. Mr. David Chriswell, 1951 Cliffview Court, opposed the tax increase, and is frustrated because he believes the tax increase is a done deal no matter what anyone at the public hearing says. He believes that there is mismanagement in the City administration and that the spending is out of control. Mr. Eric Sharp, 3322 Barfield Crescent Road, opposed the tax increase, stating that his family won’t be able to afford the proposed increase and that the tax increase will lead to gentrification. There was no one else present who wished to speak for or against the proposed FY 2019-2020 Budget and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-O-12, 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 2019-2020, and for other purposes,” and an ordinance, entitled “ORDINANCE 19-O-13, providing for the levy and collection of a tax for the year 2019 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,” were read to the Council and offered for passage on first reading. Council discussed issues expressed in the public hearing and suggested deferring the vote on any ordinances and resolutions (Items 20-22 on the agenda) regarding the budget until all members of the Council were present.  June 6, 2019 Page 5 Mr. Smotherman made a motion to defer action on said ordinances and resolutions until June 12, 2019. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Mr. Shacklett addressed the audience and wanted them to know that Staff had spent many hours working on this budget. The opinions of everyone who spoke at the public hearing matter and will be considered. He stressed that this is a difficult process and the Council is looking to do what is best for the City in the upcoming years. He thanked everyone who spoke and appreciated them for taking part in the democratic process. The following letter from the Human Resources Director was presented to the Council: (Insert letter dated June 6, 2019 here with regards to amendments to the Employee Handbook’s Classification and Compensation Policy.) The following RESOLUTION 19-R-16 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 Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Nay: None (Insert RESOLUTION 19-R-16 here adopting and implementing a Classification and Compensation Policy.) The following letter from the Assistant Superintendent of Administrative and Support Services for City Schools was presented to the Council: (Insert letter dated June 6, 2019 here with regards to FY19 Budget Amendments.) The following RESOLUTION 19-R-08 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: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Nay: None (Insert RESOLUTION 19-R-08 here amending the 2018-2019 Murfreesboro City Schools Budget-2nd Amendment.) The following letter from the Assistant Director of Parks & Recreation was presented to the Council:  June 6, 2019 Page 6 (Insert letter dated June 6, 2019 here with regards to employment of Holland Martin as a Facility Attendant for MPRD.) Ms. Rachel Singer, Parks and Recreation Assistant Director, presented the recommendation of the Parks & Recreation Department to hire Holland Martin as a Facility Attendant for Sports Com. Mr. Smotherman made a motion to approve the recommendation. Mr. Wade seconded the motion and all members of the Council present voted “Aye” except Mr. Martin who voted “Abstain”. The following letter from the Community Development Grant Coordinator was presented to the Council: (Insert letter dated June 6, 2019 here with regards to Community Development Action Plan 2019-2020.) Ms. Patty Pope, Assistant Director of Community Development, presented the recommendation to approve the Community Development Fifth Year Action Plan 2019-2020. Mr. Wade made a motion to approve the Community Development Fifth Year Action Plan. Mr. Martin seconded the motion and all members of Council present voted “Aye”. The following letter from the Chief of Fire & Rescue was presented to the Council: (Insert letter dated June 6, 2019 here with regards to construction contract for Fire Station 11 on Blaze Drive.) Chief Mark Foulks, Chief of Fire & Rescue, presented the recommendation of the Fire & Rescue Department to approve the construction contract with Boyce Ballard Construction Company for $3,948,000 for construction of Fire Station 11. Mr. Shacklett made a motion to approve the construction contract. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The following letter from the Street Department Director was presented to the Council: (Insert letter dated June 6, 2019 here with regards to TDOT Maintenance Contract for FY 19-20.) Mr. Chris Griffith, Executive Director of Public Works, presented the recommendation of the Street Department to approve the TDOT Maintenance Contract in which the City performs maintenance on State roads. TDOT will reimburse the City for a maximum of $302,692.35. Mr. Wade made a motion to approve the Maintenance Contract for FY 19-20. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”. The following letter from the Administration Department was presented to the Council: (Insert letter dated June 6, 2019 here with regards to Memorandum  June 6, 2019 Page 7 of Understanding with Rutherford County regarding City-owned property at Fortress/Blaze Intersection.) Mr. Craig Tindall, City Manager, presented the recommendation to approve the Memorandum of Understanding with Rutherford County to construct a County Clerk Annex and Driver’s License Office on City-owned property at the intersection of Fortress and Blaze Boulevard. Mr. Shacklett made a motion to approve the Memorandum of Understanding with Rutherford County. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The following letter from the Administration Department was presented to the Council: (Insert letter dated June 6, 2019 here with regards to modification of former First United Church Property Sale and Purchase Agreement.) Mr. Craig Tindall, City Manager, presented the recommendation to approve the amended Sale and Purchase Agreement for the City block containing the historic First United Methodist Church Building. This amendment will allow the potential for the property to be zoned Tax Incentive Financing (TIF) which will balance incentives and encourage timely development. Mr. Smotherman made a motion to approve the modified Sale and Purchase Agreement for the First United Methodist Church Building. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. Vice-Mayor Scales Harris announced that there were not any Licenses or Board and Commission appointments to be considered. The City Recorder/Finance Director presented for approval payment of the following statements: From General Fund: Rutherford County CVB & Spring Fling Gate Receipt $ 62,845.75 M.E.D. 2018 Pole Attachments $ 28,512.00 Mr. Smotherman made a motion to approve payment of the statements as recommended by the City Recorder/Finance Director. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Under other business, the following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated June 6, 2019 here with regards to scheduling public hearings for Zoning Ordinance amendments to Section 14, 22 and Charts 1 & 2 pertaining to industrial uses [2019-803]; Zoning Ordinance amendment to Section 24 Planned Signage Overlay District pertaining to eligible zones and uses for PSO zoning  June 6, 2019 Page 8 [2019-806]; and amendments to the Sign Ordinance regarding Sections 25.2-2, 25.2-25 & 25.2-26 pertaining to building entry signs, banners and institutional group assembly uses [2019-805].) The following RESOLUTION 19-R-PH-14.1 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Nay: None (Insert RESOLUTION 19-R-PH-14.1 here to reschedule a public hearing from June 20, 2019 to June 27, 2019 with respect to amending the Murfreesboro City Code, Appendix A-Zoning, Section 9, Standards for Special Use Permits; Section 13 Planned Development Regulations; Section 14, Districts Established; Section 18, Regulations of General Applicability; Section 22, Industrial Districts; Section 24, Overlay District Regulations; Section 25, Temporary and Accessory Structures and Uses; Chart 5, Required Loading Spaces by Use and Zoning District; Section 27, Landscaping and Screening; Chart 1 and Chart 1 Endnotes, Uses Permitted by Zoning District; Chart 2 and Chart 2 Endnotes, Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios; Table 1, Adjacent and Proposed Districts; and Table 2, Buffer Zone Requirements; pertaining to industrial zoning districts; City of Murfreesboro Planning Department, applicant [2019-803].) The following RESOLUTION 19-R-PH-15.1 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Nay: None (Insert RESOLUTION 19-R-PH-15.1 here to reschedule a public hearing from June 20, 2019 to June 27, 2019 with respect to amending the Murfreesboro City Code, Appendix A, Section 24, Article V, dealing with planned signage Overlay; City of Murfreesboro Building and Codes Department, applicant [2019-806].) The following RESOLUTION 19-R-PH-16.1 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade  June 6, 2019 Page 9 Nay: None (Insert RESOLUTION 19-R-PH-16.1 here to reschedule a public hearing from June 20, 2019 to June 27, 2019 with respect to amending the Murfreesboro City Code, Chapter 25.2-Signs, Sections 25.2-2, 25.2-25 and 25.2-26, dealing with building entry signs, pendants, institutional group assemblies; City of Murfreesboro Building and Codes Department, applicant [2019-805].) There being no further business, Vice-Mayor Scales Harris adjourned this meeting at 8:38 p.m. MADELYN SCALES HARRIS – VICE-MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER