City Council

March 19, 2020 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 6:00 p.m. on Thursday, March 19, 2020, 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 Scales Harris was absent and excused from this meeting. The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney Melissa Wright, City Recorder/ Finance Director Darren Gore, Assistant City Manager/ Utility Enterprise Greg McKnight, Planning Director Matthew Blomeley, Assistant Planning Director Joshua Miller, Administrative Assistant Mayor McFarland commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Airport Economic Development Grant Application (Airport) 2. FY 2020 City Manager Approved Budget Amendments (Finance) 3. Hotel/Motel Occupancy Tax Examination (Finance) 4. Mandatory Referral for Sanitary Sewer Easement Dedication at Richard Siegel Park (Planning) 5. Interior Remodel of City Facility (Police) 6. Award for Upfitting Public Safety Vehicles and Performing Emergency Equipment Maintenance (Police) 7. Request for Competitive Sealed Proposals for Dispatch Protocol Software (Police) 8. Software Upgrade (SUA) and Maintenance Agreement with Motorola for the 700Mhz Digital Trunked Radio System (Police) 9. Approval to Purchase Locution Fire Alerting System (MFRD) 10. Approval to issue a Request for Competitive Sealed Proposal for Fire Hose (MFRD) 11. Approval to Donate Used Large Diameter Appliances (MFRD) 12. Advanced Metering Infrastructure Software Upgrades (Water Resources) 13. Annual Audit Contract for Water Resources Department and Stormwater Fund (Water Resources) 14. Asphalt Purchases Report (Water Resources) 15. Chemical Bid Extensions (Water Resources) (Insert letters from Airport, Finance (2), Planning, MPD (4), MFRD (3), & Water Resources (4) here.) Mr. LaLance made a motion to approve the Consent Agenda. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”.  March 19, 2020 Page 2 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 19, 2020 here with regards to rescheduling public hearings for annexation along Northwest Broad Street; zoning along Northwest Broad Street (PUD); zoning along Bradyville Park (PCD); zoning along East Vine Street (PRD); and Zoning Ordinance amendments.) The following RESOLUTION 20-R-PH-01.1 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: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-01.1 here to reschedule a public hearing for April 30, 2020 to consider adoption of a Plan of Services for and annexation and zoning of approximately 65 acres along Northwest Broad Street to PUD [2019-508] & [2019-424]; Springboard Landing, Inc., Mary Hord Haymore Children, LP, and D.R. Horton, Inc., applicants.) The following RESOLUTION 20-R-PH-02.1 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: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-02.1 here to reschedule a public hearing for April 30, 2020 for a proposed zoning amendment to approximately 0.89 acres located along Bradyville Pike, west of Minerva Drive, to be rezoned from RS-10 to PCD (Bradyville Center PCD) [2019-445]; Ken Xayabudda, applicant.) The following RESOLUTION 20-R-PH-03.1 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: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None  March 19, 2020 Page 3 (Insert RESOLUTION 20-R-PH-03.1 here to reschedule a public hearing for April 30, 2020 for a proposed zoning amendment to approximately 0.71 acres located along East Vine Street, east of South Highland Avenue, to be rezoned from RS-8 to PRD (East Vine Villas PRD) [2019-440]; Blue Sky Construction, Inc., Applicant.) The following RESOLUTION 20-R-PH-04.1 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: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-04.1 here to reschedule a public hearing for April 30, 2020 for proposed amendments to the Zoning Ordinance pertaining to Section 2: Interpretation and Definitions, regarding the definition of “family”; Section 10: Variances; Section 18: Regulations of General Applicability, regarding lighting fixtures at recreational fields; and Section 27: Landscaping and Screening, regarding landscaping for stormwater management areas, [2019- 809]; City of Murfreesboro Planning Department, applicant.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 19, 2020 here with regards to scheduling public hearings for zoning for 5.4 acres along Old Fort Parkway; zoning for 0.36 acres along East Vine Street & Bilbro Avenue; zoning for 2.42 acres along East College Street, North Spring Street, East Lytle Street, & North Church Street; annexation Plan of Services & annexation petition for 26.8 acres along New Salem Highway & Barfield Road; zoning for 26.8 acres along New Salem Highway & Barfield Road; and Zoning Ordinance Amendment pertaining to outdoor storage, temporary and accessory structures and uses, review time limits, lighting, and yard encroachments.) The following RESOLUTION 20-R-PH-08 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Martin. 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 20-R-PH-08 here to schedule a public hearing for May 7, 2020 to consider a proposed amendment to approximately 5.4 acres in the Planned Unit Development (PUD) District (Old Fort Plaza PUD) located along Old Fort Parkway; Autumn Plaza Partners, applicant [2019-447].)  March 19, 2020 Page 4 The following RESOLUTION 20-R-PH-09 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Martin. 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 20-R-PH-09 here to schedule a public hearing for May 7, 2020 to consider a proposed amendment to rezone approximately 0.36 acres along East Vine Street and South Bilbro Avenue from Single-Family Residential Eight (RS-8) District to Planned Residential Development (PRD) District (Bilbro & Vine Towns PRD); Gregg Stanley, applicant [2020-401].) The following RESOLUTION 20-R-PH-10 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Martin. 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 20-R-PH-10 here to schedule a public hearing for May 7, 2020 to consider a proposed amendment to rezone approximately 2.42 acres along East College Street, North Spring Street, East Lytle Street, and North Church Street from General Office Residential (OG-R) District to Planned Unit Development (PUD) District (One East College PUD); 705 4th Avenue South Holding Company, applicant [2020-434].) The following RESOLUTION 20-R-PH-11 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Martin. 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 20-R-PH-11 here to schedule a public hearing for May 7, 2020 to consider (1) adoption of a Plan of Services for and annexation  March 19, 2020 Page 5 of 26.8 acres and (2) zoning of approximately 26.8 acres to Commercial Highway (CH) District and rezoning of approximately 1.1 acres from Single-Family Residential Fifteen (RS-15) District to Commercial Highway (CH) District along New Salem Highway and Barfield Road; New Salem Land Development, LLC, applicant [2020-501 and 2020-402].) The following RESOLUTION 20-R-PH-12 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Martin. 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 20-R-PH-12 here to schedule a public hearing for May 7, 2020 with respect to amending Murfreesboro City Code Appendix A-Zoning, Sections 2, 6, 7, 13, 18, 24 and 25 pertaining to outdoor storage, timeframe for holding zoning public hearings, site plan review timeframe to fit within new review cycle, yard encroachments, and minimum lighting; City of Murfreesboro Planning Staff, applicant [2020-801].) The following letter from the Assistant City Manager of Development and Coordination was presented to the Council: (Insert letter dated March 19, 2020 here with regards to Sale of City Land to Rutherford County Schools.) Mr. Craig Tindall, City Manager, presented the request to approve the sale of 154 acres located at 7096 and 7352 Franklin Road to Rutherford County Schools for $4,200,000. Council discussed the sale price per acre and the difficulty in finding available land for development on the west side of town. Mr. Adam Tucker, City Attorney, stated that the land had been purchased by the City using bond proceeds, and that he and the City’s Bond Counsel agree that there are not any legal issues with the sale of the land. The City has some options for the use of the proceeds from the land sale, one of which would be to place the funds in the CIP (Community Investment Program) fund. Mr. Martin addressed his concerns as to what would be done with the proceeds from the sale and his desire to use those proceeds to pay down or offset debt, and to establish a best practice of placing funds generated from any one-time asset sales into a separate fund that Council decides what to do with separate from the CIP Fund during budget time. Council all stressed their desire for staff to develop a better process for tracking proceeds and funds from one-time asset sales.  March 19, 2020 Page 6 Mr. LaLance made a motion to approve the sale, subject to staff comments. 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 City Manager was presented to the Council: (Insert letter dated March 19, 2020 here with regards to refinancing of City General Obligation & Water Resources Variable Rate Debt.) The following RESOLUTION 20-R-06 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-06 here regarding authorizing the issuance of General Obligation Refunding Bonds of the City in the aggregate principal amount of not to exceed $40,000,000.) The following letter from the Assistant City Manager of Utility Enterprise was presented to the Council: (Insert letter dated March 19, 2020 here with regards to commercial structures and facilities painting contract extension.) Mr. Darren Gore, Assistant City Manager of Utility Enterprise, presented the request of the Water Resources Department to approve the painting contract extension with Commercial Painting, Inc. and RPR Task Order 19-41-024.0 with Smith Seckman and Reid (SSR) for $397,200 and $34,100 respectively. Mr. LaLance made a motion to approve the contract extension with Commercial Painting, Inc. and RPR Task Order 19-41-024.0 with (SSR). Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprise was presented to the Council: (Insert letter dated March 19, 2020 here with regards to Engineering Task Order 1941016.0 for Water Resource Recovery Facility (WRRF) Biosolids Polymer System Replacement.) Mr. Darren Gore, Assistant City Manager of Utility Enterprise, presented the request of the Water Resources Department to approve Engineering Task Order 1941016.0 with Smith Seckman and Reid (SSR) to design the biosolids polymer system replacement and upgrade for the Murfreesboro Water Resources Recovery Facility (WRRF) for $112,235.  March 19, 2020 Page 7 Mr. LaLance made a motion to approve SSR Task Order 1941016.0 in the amount of $112,235. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. Mr. Gore announced that Item Number 22 on the agenda, Sewer Basin 10A-3&4 Density Restriction and CIA Study, was to be pulled from the agenda. Under other business, the following letter from the Assistant City Manager of Utility Enterprise was presented to the Council: (Insert letter dated March 19, 2020 here with regards to Sanitary Sewer Allocation Resolution Amendment.) The following RESOLUTION 20-R-07 was read to the Council and offered for adoption upon motion made by Mr. Martin, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-07 here regarding amending certain deadlines, established in 19-R-26, related to the sewer capacity allocation regulations.) The following letter from the City Manager was presented to the Council: (Insert letter dated March 19, 2020 here with regards to adoption of an Emergency Pay Policy.) Mr. Craig Tindall, City Manager, presented the request to adopt a policy that conforms with Federal law; follows the Emergency Paid Sick Lease Act (EPSLA); and will provide for the continuation of employee pay for a limited time under a declared emergency. Mr. LaLance made a motion to adopt an Emergency Pay Policy. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director announced that there was not any licensing nor any statements to be considered. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to appoint Mr. Dennis Oneal (term expires April 30, 2023) to the Cable Television Commission to fill the vacancy left by Mr. Ronald Lindsey; appoint Ms. Valerie Smith (term expires March 19, 2021) and Mr. Kirt Wade (term expires June 1, 2023) to the Pension Committee to fill the vacancy left by Ms. Cindy Nance and Mr. Ronnie Martin, respectively; and to reappoint Mr. Earl Hull (term expires June 1, 2023), Mr. Charles Myatt (term expires June 1, 2023), Mr. Greg Sample (term expires June 1, 2023), Mr. Scott Uselton (term expires June 1, 2023),  March 19, 2020 Page 8 Mrs. Erin Tucker, Vice Chair (term expires June 1, 2023), and Mrs. Melissa B. Wright, Chair (term expires June 1, 2023) to the Pension Committee. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 6:55 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER