City Council

January 5, 2017 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 5, 2017, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade The following representatives of the City were also present: Robert J. Lyons, City Manager James Crumley, Assistant City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Karl Durr, Chief of Police Bill Terry, M.I.S. Coordinator Mark Foulks, Fire & Rescue Chief Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Kirt Wade commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland recognized the family of Vice-Mayor Young with his wife, Susan, daughter, Julie, and son, Matt, who were present to be part of the ceremonial presentation of a resolution honoring the late Vice-Mayor Douglas Brock Young who passed away on December 18, 2016. Mayor McFarland stepped down to the podium to read the following RESOLUTION 17-R-01: (Insert RESOLUTON 17-R-01 here.) Mr. Shacklett made a motion to adopt RESOLUTION 17-R-01. Ms. Scales Harris seconded the motion. Said resolution was adopted by unanimous acclamation. Judge Ben Hall and Brenda McFarland and long-time friend, Mr. John Harney, were also present for the ceremonial presentation. Judge McFarland announced that the Polar Bear Plunge would be held on Saturday, January 7, 2017, which is in honor of Vice-Mayor Young who was a faithful participant at this annual event. The Council paid tribute to Vice- Mayor Young and the legacy that will honor his name for many years to come with the dedication of the Doug Young Police and Fire & Rescue Training Center as well as his footprints and handprints throughout the community that resulted from his selfless dedication to making Murfreesboro a better place to live. The fire helmet, presented at the dedication of the Doug Young Police and Fire & Rescue Training Center, was placed at Vice- Mayor Young’s Council seat in his memory for this meeting.  January 5, 2017 Page 2 The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Transportation Director: A. Master Service Agreement with Neel-Schaffer for Professional Services. B. Purchase of Vehicle for Transportation Department. C. Agreement No. 160251: Signal Maintenance Agreement with TDOT for SR-96 West Bound I-24 Exit Ramp, Exit 78-B, Signalization. 2) Letter of recommendations from the Parks & Recreation Director: Bids for Annual Maintenance of Landscaping at Seven (7) Parks. 3) Letter of recommendations from the Community Development Director: A. Memorandum of Understanding: Housing & Service Campus Study. B. Emergency Repair Program: 330 East College Street. C. Housing Rehabilitation: 323 South Hancock Street. D. Emergency Repair Program: 528 Bridge Avenue. E. Emergency Solutions Grant: Supplemental Allocation. 4) Letter of recommendations from the Chief of Police: A. Purchase of Replacement Police Vehicles & Equipment. B. Purchase of Hardware, Software & Networking Equipment to Continue Migration of Public Safety Software System to a Virtual Environment. C. Purchase of FARO 3-D Laser Scanner System. 5) Letter of recommendations from the Information Technology Director: Amendment to Tyler Technologies Contract for ERP Software Solution. 6) Request to hang a banner across East Main Street: Murfreesboro Parks & Recreation Department, October 12-20, 2017 (Acorn Festival-November 4, 2017). (Insert letters from the Transportation Director, Park & Recreation Director, Community Development Director, Chief of Police and Information Technology Director here.) Mr. Smotherman made a motion to approve the Consent Agenda in its entirety. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. Wade made a motion to approve the minutes of the special meeting held on November 15, 2016 (MED); the regular meeting held on November 17, 2016; and the special meeting held on December 1, 2016 (Public Comment). Mr. LaLance seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 16-OZ-59 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 1.9 acres along Florence Road from Heavy Industrial (H-I) District to Light Industrial (L-I) District; City of Murfreesboro Administration Department, applicant [2016-453],” which passed first reading on December 15, 2016, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None  January 5, 2017 Page 3 Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 16-OZ-59 here.) An ordinance, entitled “ORDINANCE 16-OZ-62 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 5.2 acres along Old Fort Parkway from Single- Family Residential Fifteen (RS-15) District to Planned Unit Development (PUD) District (Old Fort Plaza PUD); Muralidhar Bethi, applicant [2016-437],” which passed first reading on December 15, 2016, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 16-OZ-62 here.) An ordinance, entitled “ORDINANCE 16-O-64 amending Murfreesboro City Code Appendix A-Zoning, Sections 9, 25 and 31, pertaining to seasonal fireworks sales, temporary mobile recycling centers and temporary vendors,” which passed first reading on December 15, 2016, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Smotherman, 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 16-O-64 here.) An ordinance, entitled “ORDINANCE 16-O-65 amending the Murfreesboro City Code, Chapter 33-Water and Sewers, Sections 33-1, 33-32 and 33-50, regarding use of STEP systems,” which passed first reading on December 15, 2016, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote:  January 5, 2017 Page 4 Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 16-O-65 here.) The following letter of recommendations from the Assistant City Manager was presented to the Council: (Insert letter dated December 30, 2016 here with regards to ORDINANCE 16-O-68.) An ordinance, entitled “ORDINANCE 16-O-68 granting a franchise to Atmos Energy Corporation, a Texas and Virginia corporation, for the distribution of natural gas and for the installation and maintenance of mains, pipes, pipelines, distribution lines, and other equipment necessary or incidental to distribution of said gas upon, across, along and under the highways, streets, avenues, roads, alleys, lanes and other public grounds of the City of Murfreesboro, Rutherford County, Tennessee in order to furnish gas service within the City to its inhabitants,” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, 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 Kirt Wade Shane McFarland Nay: None The City Recorder/Finance Director presented a renewal of Certificate of Compliance for a Retail Liquor Store for Mayuriben Patel, Nikunj S. Patel, Jigna G. Patel, and Vipul A. Patel at University Package Wine and Liquor Warehouse, 2834 Middle Tennessee Boulevard. The State requires liquor stores to renew their Certificate of Compliance every two years. This application is in order for Council approval. Mr. Smotherman requested that the State Law be reviewed to see if there is some efficiency allowed for renewals of Certificates of Compliance for Retail Liquor Stores to be approved administratively. The City Attorney concurred with researching the State Statute and advise Council of his findings. Mr. LaLance made a motion to approve the renewal of Compliance for Mayuriben Patel, Nikunj S. Patel, Jigna G. Patel, and Vipul A. Patel at University Package Wine and  January 5, 2017 Page 5 Liquor Warehouse. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Fire & Rescue Chief was presented to the Council: (Insert letter dated January 5, 2017 here with regards to approval of Contract with The Parent Company as CMAR for Police and Fire & Rescue Public Safety Training Center.) The Fire & Rescue Chief justified the need for the Construction Manager at Risk (CMAR) because of the complexity of this project which will include rehabilitation of five buildings to be utilized for training, 5-story drill tower, burn mod, driving pad, K-9 facility, storage areas, and classroom administration building. The CMAR will also facilitate keeping some materials on-site such as the block and brick which will be crushed and used for driving pads for fire trucks and base for the drill tower as well. Mr. Shacklett made a motion to accept the recommendation of the Fire & Rescue Chief to approve a contract with The Parent Company as the CMAR for the Police and Fire & Rescue Public Safety Training Center. Ms. Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Chief of Police was presented to the Council: (Insert letter dated December 30, 2016 here with regards to purchase of 700 MHz tower site infrastructure, dispatch consoles & two-way radios & accessories; purchase of tower and tower site equipment, UHF/VHF 700 MHz tower site infrastructure and microwave equipment; and approve Refunding Resolution 17-R-03.) The Police Chief and Fire & Rescue Chief justified the need for this part of the communications infrastructure which will significantly improve the department’s ability to communicate internally as well as with other emergency agencies. Mr. Bill Terry, M.I.S. Coordinator, addressed questions regarding the manufacturer, operational use and cost of the equipment. Mr. Smotherman made a motion to accept the recommendation of the Chief of Police and Fire & Rescue Chief to waive the competitive bid process and approve the purchase of 700 MHz tower site infrastructure, dispatch consoles and two-way radios and accessories from the current State Wide Contract (SWC) No. 418 with Motorola, Inc. for a total cost of $11.5 Million to be funded from debt to be issued in 2017. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. Smotherman made a motion to accept the recommendation of the Chief of Police and Fire & Rescue Chief to waive the competitive bid process and approve the purchase of tower site equipment, UHF/VHF 700 MHz tower site infrastructure, and microwave equipment from the current State Wide Contract (SWC) No. 418 with Motorola, Inc. for a  January 5, 2017 Page 6 total project cost of $2 Million to be funded from debt to be issued in 2017. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following RESOLUTION 17-R-03 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 Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-03 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for purchase of 700 MHz tower site infrastructure, dispatch consoles and two-way radios and accessories and tower and tower site equipment, UHF/VHF 700 MHz tower site infrastructure, and microwave equipment, be reimbursed ($13.5 Million) from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated January 5, 2017 here with regards to purchase of property for West Park.) The Council was presented with RESOLUTION 16-R-23 in the amount of $4 Million for reimbursement of expenditures incurred in connection with the purchase of 160 acres located at 7352 and 7096 Franklin Road. The City Manager reported that Phase I for the environmental study was currently in progress and, at this point, there was not an indication of any problems; however, staff would know more when the report is completed. The City Attorney stated that, if an issue is identified in Phase II, there is a provision for an extension of the contract. The Assistant City Manager informed the Council that there is a 90-day look-back provision in the IRS Code. That is, if the money is spent today, there is 90 days that the City can reimburse themselves without this resolution; however, if we do not go to bond market in 90 days, the door may shut on that opportunity without this resolution in place. It was the consensus of Council to reduce the amount from $4 Million to $2.5 Million. Mr. Smotherman made a motion to adopt RESOLUTION 16-R-23 expressing official intent to reimburse in an amount not to exceed $2.5 Million for expenditures incurred in connection with certain public works projects to acquire approximately 160 acres located at 7352 and 7096 Franklin Road. Mr. Wade seconded the motion. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett  January 5, 2017 Page 7 Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following revised Memorandum from the City Attorney was presented to the Council: (Insert letter dated January 5, 2017 here with regards to Council vacancy.) The City Attorney explained how the present Charter and State Statute reads regarding City Council vacancies which, at this time, does not allow for a special election to be held without amending the Charter. The Council discussed at length the pros and cons to filling the seat by appointment versus election. Three options were considered: Request special election at Legislative level; appoint someone to fill the seat; or leave the seat vacant. Mr. Smotherman made a motion to direct the City Attorney to draft a Resolution requesting that Legislators amend Section 18 of the City Charter to allow an option for City Council to call a special election or elect/appoint to fill the vacant seat and language to delete “270 days” from Section 18. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Council would consider the matter at the next Council meeting. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to reappoint Mr. John Blankenship, Mr. Don Turner and Mr. Allen Richardson to the Murfreesboro Golf Commission for another term of three years ending 1/31/2020. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented a Beer Permit Application for A & M Tobacco & Beer (ownership/name change), 2075 Lascassas Pike, Suite A. All requirements had been meet for this application. Beer Permit Applications were presented for Texas Roadhouse, 116 John R. Rice Boulevard (new location); M & M Market (ownership/name change), 407 S. Maney Avenue; and Campus Market (name change), 2014 East Main Street. These applications are pending completion of all required building and codes inspections. Ms. Scales Harris made a motion to accept the recommendation of the City Recorder/Finance Director to approve a Beer Permit for A & M Tobacco and Beer and approve Beer Permits for Texas Roadhouse, M & M Market and Campus Market upon successful completion of all building and codes requirements. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  January 5, 2017 Page 8 The City Recorder/Finance Director indicated there were no statements to be considered at this time. Under other business, Mayor McFarland requested that the City Manager bring information back to Council on the cost of a financial option for the City to incur the expense of payroll in arrears for City employees. Mayor McFarland reminded everyone of the Town Hall meeting on Sunday, January 8, 2017, at 2:00 p.m. at the Blackman United Methodist Church. There being no further business, Mayor McFarland adjourned this meeting at 8:45 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER