City Council

July 23, 2020 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, consistent with the Governor’s order, members of the City Council are participating by electronic means as has been determined necessary to protect public health, safety, and welfare in light of the coronavirus pandemic at 6:00 p.m. on Thursday, July 23, 2020, 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 Vice-Mayor Scales Harris participated telephonically at 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 Gary Whitaker, Assistant City Manager Darren Gore, Assistant City Manager Sam Huddleston, Executive Director/ Development Services Angela Jackson, Executive Director/ Community Services Greg McKnight, Planning Director Pam Russell, Human Resources Director Ralph Ringstaff, Interim Director of Schools Helen Glynn, Assistant Director Community Development Joshua Miller, Administrative Assistant Council Member Bill Shacklett commenced the meeting by introducing Pastor James McCarroll, Jr. of First Baptist Church Murfreesboro to lead a prayer followed by the Pledge of Allegiance. Mayor McFarland issued a Proclamation declaring July 23, 2020 as a day to honor and recognize the Power Board and presented each member of the board with a plaque to thank them for their years of service. The Consent Agenda was presented to the Council for approval: 1. CDBG Consolidated Plan Extension request to HUD (Community Development) 2. Contract with Rice Construction for the replacement of the City Hall internal gutter system (Facilities) 3. Professional Services Agreements with Tennis Instructors (Parks & Recreation) 4. Consider Contract with Griggs and Maloney for On-call Plans Review Services (Planning) 5. School Patrol Service Contracts for Private Schools (Police) 6. Transit Agency Safety Plan (Transportation)  July 23, 2020 Page 2 (Insert letters from Community Development, Facilities, Parks & Recreation, Planning, Police & Transportation here.) Mr. Wade made a motion to approve the Consent Agenda. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Human Resources Director was presented to the Council: (Insert letter dated July 23, 2020 here with regards to Safety Partners Grant Program.) The following RESOLUTION 20-R-20 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-20 here authorizing the City of Murfreesboro to participate in Public Entity Partners “Safety Partners” Matching Grant Program.) The following letter from the City Manager was presented to the Council: (Insert letter dated July 23, 2020 here regarding amendment to City Code regarding Discharging Firearms.) An ordinance, entitled “ORDINANCE 20-O-27 amending the Murfreesboro City Code, Chapter 21, Offenses and Miscellaneous Provisions, Section 21-44, Weapons – Discharging Firearms, Etc.,” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. 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 Kirt Wade Shane McFarland Nay: None The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated July 23, 2020 here with regards to rezoning approximately 0.47 acres located along South Maney Avenue, south of East State Street and north of East Castle Street [2020-408].)  July 23, 2020 Page 3 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-20 adopted by the City Council on June 18, 2020, to consider a proposed amendment to approximately 0.47 acres along South Maney Avenue, north of East Castle Street and south of East State Street, from Highway Commercial (CH) District and City Core Overlay (CCO) to Planned Unit Development (PUD) District (Maney Station PUD) and City Core Overlay (CCO); Rhett Kelton, applicant [2020- 408]. Notice of said public hearing was published in the July 7, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Greg McKnight, Planning Director, presented the unanimous recommendation of the Planning Commission to approve the proposed amendment and introduced Mr. Clyde Rountree, Huddleston-Steel Engineering, Inc., and Mr. Brian Oliver, Oliver Architecture, P.C., who each gave brief presentations of the proposed plans for the development. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to approximately 0.47 acres along South Maney Avenue, north of East Castle Street and south of East State Street, from Highway Commercial (CH) District and City Core Overlay (CCO) to Planned Unit Development (PUD) District (Maney Station PUD) and City Core Overlay (CCO), step forward to the podium. There was no one present who wished to speak for or against the proposed amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Rick LaLance voiced his concerns with the project’s density and the fact that, if this project was approved with higher than allowed density, the Council would be establishing a precedent for other high-density projects to be approved. An ordinance, entitled “ORDINANCE 20-OZ-20 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 rezone approximately 0.47 acres along South Maney Avenue, north of East Castle Street, from Highway Commercial (CH) District and City Core Overlay (CCO) to Planned Unit Development (PUD) District (Maney Station PUD) and City Core Overlay (CCO); Rhett Kelton, applicant [2020-408],” was read to the Council and offered for passage on first reading upon motion made by Mr. Martin, seconded by Mr. Smotherman. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett  July 23, 2020 Page 4 Eddie Smotherman Kirt Wade Shane McFarland Nay: Rick LaLance The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated July 23, 2020 here with regards to amending the Gateway Village PUD on approximately 5.09 acres located along North Thompson Lane, north of Medical Center Parkway [2020-406].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-21 adopted by the City Council on June 18, 2020, to consider a proposed amendment to approximately 5.09 acres in the North Thompson Place Planned Unit Development (PUD) District (also known as Gateway Village) located along North Thompson Lane, north of Medical Center Parkway; Swanson Development, LP, applicant [2020-406]. Notice of said public hearing was published in the July 7, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Greg McKnight, Planning Director, presented the unanimous recommendation of the Planning Commission to approve the proposed amendment and introduced Mr. Rob Molchan, SEC, Inc., who gave a brief presentation on the proposed plans for the development. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to approximately 5.09 acres in the North Thompson Place Planned Unit Development (PUD) District (also known as Gateway Village) located along North Thompson Lane, north of Medical Center Parkway, step forward to the podium. Ms. Kara Kirk, Swanson Developments, stated that she was working on this project with her uncle and was ready to answer any questions from Council. Mr. Joe Swanson, Jr., Swanson Developments, voiced his approval for the project and stated his desire to answer any questions the Council may have. There was no one else present who wished to speak for or against the proposed amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-OZ-21 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 5.09 acres in the  July 23, 2020 Page 5 North Thomson Place Planned Unit Development (PUD) District (also known as Gateway Village) located along North Thompson Lane, as indicated on the attached map; Swanson Development, LP, applicant [2020-406],” 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 Kirt Wade Shane McFarland Nay: None The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated July 23, 2020 here with regards to Shelton Square Special Sewer Assessment District (SSSAD).) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-22 adopted by the City Council on June 25, 2020, to consider the formation of a sanitary sewer special assessment district, known as the Shelton Square Sanitary Sewer Special Assessment District. Notice of said public hearing was published in the July 7, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Darren Gore, Assistant City Manager, presented the proposed plans for the sanitary sewer special assessment district. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Shelton Square Sanitary Sewer Special Assessment District, step forward to the podium. There was no one present who wished to speak for or against the sanitary sewer special assessment district and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-O-22 amending Chapter 33 of the Murfreesboro City Code by creating Section 33-215, establishing a sanitary sewer special assessment district to be known as the Shelton Square Sanitary Sewer Special Assessment District,” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Martin. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett  July 23, 2020 Page 6 Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Assistant Community Development Director was presented to the Council: (Insert letter dated July 23, 2020 here with regards to amending the Community Development 2019-2020 Action Plan for CDBG CV-19 funds.) Ms. Helen Glynn, Assistant Community Development Director, presented the request of the Community Development Department to approve the amendment to the current 2019-2020 CDBG COVID-19 Action Plan to allow for an additional $521,501 in funding from HUD. Mr. Shacklett made a motion to approve the amendment for an additional $521,501 to the current 2019-2020 CDBG COVID-19 Action Plan. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Interim Director of Schools was presented to the Council: (Insert letter dated July 23, 2020 here with regards to Wireless Equipment Purchase from CDW-G, LLC.) Mr. Ralph Ringstaff, Interim Director of Schools, presented the request of the City Schools to approve the purchase of access points and switches for wireless access point upgrades from CDW-G, LLC for $184,163. Mr. Shacklett made a motion to approve the equipment purchase from CDW-G in the amount of $184,163. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director announced that there was not any licensing to be considered. Upon recommendation of Mayor McFarland, Mr. Wade made a motion to reappoint Mr. Richie Bolin (term expires June 30, 2022); Mr. Alton Fann (term expires June 30, 2022); Mr. Phillip Lim (term expires June 30, 2022); Mr. Carl Peas (term expires June 30, 2023); Mr. Michael McCann (term expires June 30, 2023); Ms. Eva Warden (term expires June 30, 2024); and Mr. Tony Ogles (term expires June 30, 2024) to the Board of Electrical Examiners. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director announced that there were not any statements to be considered for approval.  July 23, 2020 Page 7 Mr. Adam Tucker, City Attorney, asked Council for guidance regarding a lawsuit against the City in which the City had obtained outside legal services. He questioned if the payments should be from the Water Resources Fund or the General Fund. Vice-Mayor Scales Harris made a motion to pay outside legal fees up to $25,000 from the General Fund with the understanding that the City Attorney would come back before the Council for approval once the $25,000 limit was reached. Mr. LaLance seconded the motion and all members of the Council voted “Aye” except Mr. Smotherman and Mayor McFarland who voted “Nay”. Mayor McFarland reminded everyone of “Rutherford County Counts” and to be sure to participate and complete the 2020 Census. Mayor McFarland gave a brief update on the County-wide mask mandate. There being no further business, Mayor McFarland adjourned this meeting at 7:12 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER