City Council

August 20, 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, August 20, 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 Darren Gore, Assistant City Manager Sam Huddleston, Executive Director/ Development Services Angela Jackson, Executive Director/ Community Services Mark Foulks, Chief of Fire & Rescue Greg McKnight, Planning Director Jim Kerr, Transportation Director Ralph Ringstaff, Interim Director of Schools Matthew Blomeley, Assistant Planning Director Joshua Miller, Administrative Assistant Councilmember Kirt Wade commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Airport Terminal Project Change Order (Airport) 2. Affordable Housing Program – 605 East Castle Street (Community Development) 3. Amend The Journey Home CBDG Acquisition of Rental Property 433 South Kings Highway (Community Development) 4. Amend Greenhouse Ministries Acquisition of Rental Property 222 South Bilbro Avenue (Community Development) 5. Community Investment Program Funds Transfers (Finance) 6. Amendment to Fire Helmets Contract (Fire Rescue) 7. Approval of Competitive Sealed Proposals for Procurement of Medical, Dental, and Pharmacy Benefit Providers (Human Resources) 8. Data Cabling (Schools) 9. Asphalt Purchases Report (Water Resources) 10. Final Change Order - Hobas Pipe Inspection (Water Resources) 11. GlobalCare Software Support Renewal (Water Resources)  August 20, 2020 Page 2 12. Purchase Sole Source State Chemical (Water Resources) 13. Purchase of Zetag Polymer (Water Resources) (Insert letters from Airport, Community Development (3), Finance, Fire Rescue, Human Resources, Schools, & Water Resources (5) here.) Mr. Shacklett 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 City Recorder/Finance Director was presented to the Council: (Insert letter dated August 20, 2020 here regarding Budget Amendment.) An ordinance, entitled “ORDINANCE 20-O-23 amending the 2020-2021 Budget (1st Amendment),” which passed first reading on July 9, 2020, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. 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 Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 20-O-23 here.) The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated August 20, 2020 here with regards to Refinancing City General Obligation Fixed Rate Debt.) The following RESOLUTION 20-R-21 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  August 20, 2020 Page 3 (Insert RESOLUTION 20-R-21 here authorizing the issuance of general obligation refunding bonds of the City of Murfreesboro, Tennessee in the aggregate principal amount of not to exceed $21,150,000, in one or more series; making provision for the issuance, sale and payment of said bonds, establishing the terms thereof and the disposition of proceeds therefrom; and providing for the levy of taxes for the payment of principal of, premium, if any, and interest on the bonds.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 20, 2020 here with regards to amending approximately 32.6 acres of the Victory Station PUD located south of Franklin Road [2020-407].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-25 adopted by the City Council on July 15, 2020, to consider a proposed amendment to approximately 32.6 acres in the Planned Unit Development (PUD) District located south of Franklin Road and east of Rucker Lane (Victory Station PUD); Swanson Development, LP, applicant [2020-407]. Notice of said public hearing was published in the August 4, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the amendment to the Victory Station PUD and introduced Mr. Matt Taylor, 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 the Victory Station PUD for approximately 32.6 acres located south of Franklin Road, 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. An ordinance, entitled “ORDINANCE 20-OZ-25 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 32.6 acres in the Planned Unit Development (PUD) District located south of Franklin Road and east of Rucker Lane (Victory Station PUD) as indicated on the attached map; Swanson Development, LP, applicant [2020-407],” 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 Ronnie Martin  August 20, 2020 Page 4 Bill Shacklett 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 August 20, 2020 here with regards to amending the Zoning Ordinance regarding Section 26: Off-Street Parking, Queuing, and Loading [2020-803].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-26 adopted by the City Council on July 15, 2020, with respect to amending the Murfreesboro City Code Appendix A-Zoning, Section 26, regarding off-street parking, queuing, and loading; City of Murfreesboro Planning Staff, applicant [2020-803]. Notice of said public hearing was published in the August 4, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the amendment to the Zoning Ordinance regarding Section 26: Off-Street Parking, Queuing, and Loading and gave a brief summary of the proposed amendment. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to Section 26 of the Zoning Ordinance, 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. An ordinance, entitled “ORDINANCE 20-O-26 amending Murfreesboro City Code Appendix A— Zoning, Section 26, regarding off-street parking, queuing, and loading; City of Murfreesboro Planning Staff, applicant [2020-803],” 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  August 20, 2020 Page 5 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 20, 2020 here with regards to scheduling a public hearing for September 24, 2020 for a proposed amendment to the Sign Ordinance, Murfreesboro City Code Chapter 25.2 Signs.) The following RESOLUTION 20-R-PH-28 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 Kirt Wade Shane McFarland Nay: None Abstain: Eddie Smotherman (Insert RESOLUTION 20-R-PH-28 here fixing the time for holding a Public Hearing on September 24, 2020 with respect to amending Murfreesboro City Code, Chapter 25.2 Signs, Section 25.2-2, 25.2-4, 25.2-23, 25.2-24, 25.2-25, and Section 25.2-26, for the purposes of: (1) adding a definition of “External Customer Transaction Portal” and allow certain, limited electronic changeable signs at external locations such as ATMs, drive-up windows, and gasoline pumps; (2) allowing the immediate disposition of temporary signs picked up in ROW; (3) prohibiting certain materials from use in signage; (4) reducing the maximum allowable size of temporary signs; and (5) allowing murals on more than two sides of a building [2020-802]; City of Murfreesboro Planning Staff, Applicant.) The following letter from the Executive Director of Community Services was presented to the Council: (Insert letter dated August 20, 2020 here with regards to Funding of Strategic Partnerships.) Ms. Angela Jackson, Executive Director of Community Services, presented the request to approve the Strategic Partnerships Funding Schedule. Mr. Wade made a motion to approve the Strategic Partnerships Funding Schedule. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Executive Director of Community Services was presented to the Council: (Insert letter dated August 20, 2020 here with regards to Lease Agreement with Wee Care Day Care.) Ms. Angela Jackson, Executive Director of Community Services, presented the request to approve the Lease Agreement with Wee Care Day Care located at 510 Hancock Street with a monthly rent of $2,750.  August 20, 2020 Page 6 Mr. Shacklett made a motion to approve the Lease Agreement with Wee Care Day Care at 510 Hancock Street for a monthly rent of $2,750. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Executive Director of Public Infrastructure/City Engineer was presented to the Council: (Insert letter dated August 20, 2020 here with regards to Change Order Request for Stones River Greenway Ext. Phase IV.) Mr. Jim Kerr, Transportation Director, presented the request of the Engineering Department to approve Change Order Request No. 5 for the Stones River Greenway Extension Phase IV with Jarrett Builders, Inc. for $707,659.65. Mr. Smotherman made a motion to approve Change Order Request No. 5 for the Stones River Greenway Extension Phase IV. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Transportation Director was presented to the Council: (Insert letter dated August 20, 2020 here with regards to Professional Services Contract for the Murfreesboro Transit Facility.) Mr. Jim Kerr, Transportation Director, presented the request of the Transportation Department to approve the Professional Services Contract with HDR Engineering, Inc. to perform National Environmental Policy Act (“NEPA”) design services for the City’s Transit facility not to exceed $834,325. Mr. Wade made a motion to approve the Professional Services Contract with HDR Engineering, Inc. in an amount not to exceed $834,325 for design of City’s Transit Facility. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated August 20, 2020 here with regards to Northeast Regional Pump Station-Task Order Amendment.) Mr. Darren Gore, Assistant City Manager, presented the request of the Water Resources Department to approve the scope of work amendment to SSR Task Order No. 17- 41-016.0 for design services of the Northeast Regional Pump Station for $30,640. Mr. Wade made a motion to approve SSR Task Order No. 17-41-016.0 for design services of the Northeast Regional Pump Station in the amount of $30,640. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated August 20, 2020 here with regards to Specific Energy Distribution System Optimizer.) Mr. Darren Gore, Assistant City Manager, presented the request of the Water Resources Department to approve the proposal from Specific Energy, Inc. to purchase and  August 20, 2020 Page 7 install five distribution system optimizers to control the filling and draining of five water storage tanks for $145,500. Mr. Smotherman made a motion approve the purchase and installation of distribution system optimizers for five water storage tanks from Specific Energy, Inc. in the amount of $145,500. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated August 20, 2020 here with regards to Specific Energy Pump Management for Membrane Pump Station.) Mr. Darren Gore, Assistant City Manager, presented the request of the Water Resources Department to approve the proposal from Specific Energy, Inc. to purchase and install an Asset Management and Optimization System for the membrane pump station for $21,300. Mr. Martin made a motion to approve the purchase and installation of Specific Energy, Inc.’s Pump Asset Management and Optimization System for the membrane pump station in the amount of $21,300. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated July 30, 2020 here with regards to Beer Permit Applications for Vito Market & Deli at 804 N Thompson Lane Ste. 1D; Sleep Inn Market at 193 Chaffin Place; Smoke Shop at 2568 S. Church St. Ste. B; Ms. Marian’s Café at 1513 E. Main St.; and a Special Event Permit on 9/26/20 at Oaklands Mansion, 901 N. Maney Ave.) Mr. Wade made a motion to approve Beer Permits for Vito Market & Deli, 804 North Thompson Lane, Suite 1D (New Location); Sleep Inn Market, 193 Chaffin Place (New Location); Smoke Shop, 2568 South Church Street, Suite B (Ownership Change); Ms. Marian’s Café, 1513 East Main Street (New Location); and a Special Event Permit on 9/26/20 at Oaklands Mansion, 901 North Maney Avenue. 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. Mayor McFarland announced that he was interested in creating a taskforce jointly between the City and County to facilitate a solution to the EMS disagreements that both organizations have been experiencing. He would recommend four representatives from the City and Mayor Ketron would recommend four representatives from the County to be on the taskforce, with none of the representatives being elected officials and all the taskforce  August 20, 2020 Page 8 meetings being advertised as public meetings. He stated that, if the Council was in agreement with the creation of the taskforce, he thought that any consideration to the RFSP’S for EMS services that the City had received should be put on hold. Mayor McFarland also stated that he would like staff to address and research something he believes is an issue with the CBD District zoning. He believes that, because of the CBD zoning and its requirements for parking, the downtown area is not a welcome place for small businesses to develop. He asked staff to research the issue and come up with potential solutions. Council Member Eddie Smotherman stated how much he had enjoyed serving on the Council, serving with the Council Members and how much he had appreciated being able to serve the City. There being no further business, Mayor McFarland adjourned this meeting at 7:13 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER