City Council

February 15, 2018 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, February 15, 2018, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Bill Shacklett Eddie Smotherman Kirt Wade Vice-Mayor Madelyn Scales Harris and Council Member Rick LaLance were absent and excused from this meeting. The following representatives of the City were also present: James Crumley, Interim City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Matthew Blomeley, Assistant Planning Director Darren Gore, Water Resources Director Jim Kerr, Jr., Transportation Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Mayor McFarland commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland recognized Mr. Greg Tucker, Rutherford County Historian, who presented historical facts on the founders of Murfreesboro between 1811-1812. These were Mr. Hans Hamilton (land speculator); Mr. Hugh Robinson (surveyor); Mr. John Thompson (Colonel in Tennessee Militia); and Mr. Owen Edwards (oldest settler, 1780’s). The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Street Department Operations Manager: Purchase of Rock Salt. 2) Letter of recommendations from the Planning Commission: Mandatory Referral for abandonment and relocation of a sanitary sewer and water line easement in Stonebridge at Three Rivers. 3) Letter of recommendations from the Chief of Police: A. Request Software as a Service and Utility Hardware Warranty Agreement with Utilities Associates (UA), Inc. B. Request contract approval for annual firing range membership services. C. Request authorization by the City of Murfreesboro to transfer software license for Computer Aided Dispatch System to the Rutherford County Sheriff’s Office. D. Request to purchase network equipment for the Murfreesboro Police Department. 4) Letter of recommendations from the Water Resources Board: A. Push Camera System with Digital Viewer/Recorder. B. FY 2017-2018 O&M Vehicle Purchase. C. Drilling & Blasting Services for Raleigh Court P.S. Abandonment and Coleman Farm Repurified Water Main. D. Surveying & Engineering Proposal for N. Maple Street Alley (College Street) Water & Sewer Main Replacement. E. Property Acquisition for TDOT HWY 99/Salem Highway-Phase I, I-24 to Cason Lane. F. Asphalt Purchases Report.  February 15, 2018 Page 2 5) Letter of recommendations from the Parks & Recreation Director: A. Lease Agreement with Murfreesboro Jaycee Colonels. B. CIP Funds Transfer Request. C. Purchase of Two (2) 15-Passenger Vans. D. Make Music Workshop. 6) Letter of recommendations from the Staff Attorney/Risk Manager: Special Perils (Fire) Property Insurance. 7) Letter of recommendations from the Community Development Grant Coordinator: Use of funds through the Affordable Housing Assistance Program for 415 S. Highland Avenue. 8) Banner requests across East Main Street: A. Uncle Dave Macon Day’s: July 6-16, 2018 (Old-Time Music & Dance Festival Event). B. Parks & Recreation: May 29-June 8, 2018 (Bradley Museum’s Juneteenth Celebration). (Insert letters from the Street Department Operations Manager, Planning Commission, Chief of Police, Water Resources Board, Parks & Recreation Director, Staff Attorney/ Risk Manager and Community Development Grant Coordinator 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 present voted “Aye”. Mr. Wade made a motion to approve the minutes as written and presented for the regular meetings held on January 11, 2018 and January 25, 2018 and the special meetings held on February 8, 2018 (SGR) and February 9, 2018 (Work Session). Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 17-OZ-63 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 8.46 acres along Manson Pike and Brinkley Road from Local Commercial (CL) District to Commercial Fringe (CF) District; Chirag Patel, applicant [2017-442],” which passed first reading on January 25, 2018, 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: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-63 here.) An ordinance, entitled “ORDINANCE 17-OZ-64 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 4.8 acres along Burnt Knob Road and Veterans  February 15, 2018 Page 3 Parkway from Single-Family Residential Fifteen (RS-15) District to Highway Commercial (CH) District; Prashant Patel, applicant [2017-446]” which passed first reading on January 25, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-64 here.) An ordinance, entitled “ORDINANCE 18-O-01 amending the 2017-2018 Budget (2nd Amendment),” which passed first reading on January 25, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-O-01 here.) Mayor McFarland recognized Mr. Jimmy Jobe, Jobe Hastings & Associates, who gave a presentation on the City of Murfreesboro Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2017. The report expressed an unmodified (“clean”) opinion on the City of Murfreesboro’s financial statements for the year ended June 30, 2017. The Government Finance Officers Association (GFOA) of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Murfreesboro for its Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2016. This was the 19th consecutive year that the City achieved this prestigious award. He felt the current comprehensive annual financial report continues to meet the Certificate of Achievement Program’s requirements and has been submitted to the GFOA to determine its eligibility for another certificate. Mr. Jobe highlighted areas of the report and answered questions from Council. The audit report is posted on the City’s website.  February 15, 2018 Page 4 Mr. Shacklett made a motion to accept the City of Murfreesboro Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2017. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Water Resources Director was presented to the Council: (Insert letter dated January 26, 2018 here with regards to a sewer connection fee for the Veterinarian Clinic on Veterans Parkway.) Mr. Smotherman made a motion to accept the recommendation of the Water Resources Director and approve a Standard Sewer Connection Fee of $16,320.00 and the Overall Creek SSAD Fee of $6,400.00 for the Veterinarian Clinic development on Veterans Parkway. Mr. Wade seconded the motion and all members of the Council present voted “Aye” except Mayor McFarland who voted “Abstain”. The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated February 8, 2018 here with regards to scheduling public hearings to consider zoning amendments to Kimbro Woods PRD (28.18 acres) along Veterans Pkwy & Saint Andrews Drive; rezoning (CU) along City View Dr (7.3 acres); and amend Zoning Ordinance Sections 13 & 19 and Chart 1 & Chart 1 Endnotes.) The following RESOLUTION 17-R-PH-10 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-10 here to schedule a public hearing for March 22, 2018 to consider a proposed amendment to approximately 28.18 acres in the Planned Residential Development (PRD) District located along Veterans Parkway and Saint Andrews Drive (Kimbro Woods PRD) [2017-423]; Kimbro Development Group, LLC, applicant.) The following RESOLUTION 17-R-PH-11 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-11 here to schedule a public hearing for March 22, 2018 to consider a proposed amendment to rezone approximately 5.9 acres from Single- Family Residential Ten (RS-10) District to College and University (CU) District and approximately 1.4 acres from Local Commercial (CL) District to College and University (CU) District, located along City View Drive [2018-401]; MTSU Campus Planning, applicant.)  February 15, 2018 Page 5 The following RESOLUTION 17-R-PH-12 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-12 here to schedule a public hearing for March 22, 2018 to amend Murfreesboro City Code, Appendix A-Zoning, Section 13-Planned Development Regulations; Section 19-Residential Districts; Section 21-Commercial Districts; Chart 1-Uses Permitted by Zoning District; and Chart 1 Endnotes-Uses Permitted by Zoning District; pertaining to multi-family housing [2017-809]; Murfreesboro Planning Department, applicant.) The following letter of recommendations from the City Engineer was presented to the Council: (Insert letter dated February 15, 2018 here with regards to Master Service Agreement Energy Land & Infrastructure, LLC - Professional Services.) The Transportation Director presented this recommendation in the absence of the City Engineer and answered questions from the Council. Mr. Wade made a motion to accept the recommendation of the City Engineer to approve a Master Service Contract between the City of Murfreesboro and Energy Land & Infrastructure, LLC (ELI) including Task Order No. 1 in an amount of $3,000.00 per week based on assistance from a project engineer for 25 hours per week. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Transportation Director was presented to the Council: (Insert letter dated February 15, 2018 here with regards to Task Order Number 5 with Neel-Schaffer, Inc. for a Traffic Engineer in Training (EIT) Part-time Equivalent.) Mr. Smotherman made a motion to accept the recommendation of the Transportation Director to approve Task Order No. 5 with Neil-Schaffer, Inc. for a Traffic Engineer in Training (EIT) Part-time Equivalent for an approximate amount of $9,903.75 per month based on assistance from a traffic engineer for 24 hours per week. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the City Recorder/Finance Director was presented to the Council: (Insert letter dated February 12, 2018 here with regards to INITIAL RESOLUTION 18-R-03 and DETAILED RESOLUTION 18-R-04 for 2018 Series General Obligation Bond Issuance.) Mr. John Warner, Cumberland Securities, was present to address questions from the Council.  February 15, 2018 Page 6 The following INITIAL RESOLUTION 18-R-03 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert INITIAL RESOLUTION 18-R-03 here authorizing the issuance of General Obligation Bonds by the City of Murfreesboro, Tennessee, of not to exceed Seventy-One Million Dollars ($71,000,000) to provide funding for certain public works projects, and to fund the incidental and necessary expenses related thereto.) The following DETAILED RESOLUTION 18-R-04 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: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert DETAILED RESOLUTION NO. 18-R-04 here authorizing the issuance of General Obligation Bonds of the City of Murfreesboro, Tennessee in the aggregate principal amount of not to exceed Seventy-One Million Dollars ($71,000,000), 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 of recommendations from the Interim City Manager was presented to the Council: (Insert letter dated February 12, 2018 here with regards to construction related items for Owners Representative and other Professional Services.) The City Attorney noted that the fees with CBRE Heery are preliminary at this time for other identified services as regards commissioning of the new Murfreesboro Police building, moving services and decommissioning of the current Police Headquarters. The only item being recommended for approval is the Project Management Construction Audit for the new Murfreesboro Police Headquarters. Mr. Wade made a motion to accept the recommendation of the Interim City Manager to approve a contract with CBRE Heery in an amount “not to exceed” $27,000.00 for a Project Management Construction Audit for the Murfreesboro Police Headquarters at 1004 Highland Avenue. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”.  February 15, 2018 Page 7 Mr. Wade made a motion to accept the recommendation of the Interim City Manager to approve a contract with Sevalus for Owners Representative Services in an amount “not to exceed” $25,000.00 for the assessment of design and procurement process at the Doug Young Public Safety Training Center and the Murfreesboro Municipal Airport. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The Interim City Manager addressed the restart of the Public Building Authority (PBA). The PBA has some authorities that city governments do not have. One of these authorities is to have true design-build construction projects. It is felt by staff that there is some value in looking at a design-build for the actual training building at the Doug Young Training Center and future projects. There are not any significant costs or potential downsides found by staff to restart the PBA. Council felt it adds another layer of competency in people who are experienced in the construction field that add and look at it from the City’s perspective but have the wisdom and experience to add to projects on the horizon. Mr. Wade made a motion to begin the process of revitalizing the Murfreesboro Public Building Authority. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The Interim City Manager informed Council that they would be receiving monthly status reports on CIP projects. The following letter of recommendations from the Interim City Manager was presented to the Council: (Insert letter dated February 13, 2018 here with regards to authorizing the City Manager to amend employee salaries for internal equity in individual departments.) Mr. Smotherman made a motion to accept the recommendation to approve the rehire of an employee in the Water Resources Department and approve adjusting the compensation structure of the Assistant Water Resources Plant Manager and Assistant Water Resources Operations Manager and remove positions from the framework of the current MAG study pay grades. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Mr. Smotherman suggested that discussion on the other internal equity issues be deferred until all members of the Council could be present. Upon recommendation of Mayor McFarland, Mr. Smotherman made a motion to reappoint Mr. Steve Waldron and Ms. Gail Zlotky to the Airport Commission for another three-year term ending February 28, 2021. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”.  February 15, 2018 Page 8 The City Recorder/Finance Director presented for approval the following: Special Event Beer Application for Middle TN Museum of Natural History, 816 Old Stone Road (Events: March 24, 2018, May 26, 2018, August 11, 2018 and October 21, 2018). All requirements have been met. A Special Event Beer Application for Children’s Museum Corporation, d/b/a Discovery Center, was presented for approval at 502 SE Broad Street (Events: March 2, 2018 and May 4, 2018) and 1546 Georgetown (Event: June 1, 2018). All requirements have been met. Beer Permit Applications were presented for approval, pending successful completion of all building and codes requirements, for Azteca Mexican Grill (ownership change), 301 NW Broad Street; Sabaidee Café (ownership change), 505 Cason Lane, Suite E; and Old Fort Market, 610 Old Bridge Avenue (new location). A Catering Beer Application was presented for approval for Party Fowl Murfreesboro (existing permit holder-new catering), 127 SE Broad Street. All requirements have been met. Mr. Wade made a motion to accept the recommendation of the City Recorder/Finance Director to approve Special Event Permits for Middle TN Museum of Natural History and Children’s Museum, d/b/a Discovery Center; Beer Permits for Azteca Mexican Grill, Sabaidee Café and Old Fort Market upon successful completion of all building and codes inspections; and a Catering Beer Permit for Party Fowl Murfreesboro. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director presented a list of Beer Permit holders with non- compliance complaints for sale of beer to minors. She requested direction to send these non-compliance complaints to be heard by the Council or the appointed Beer Board Hearing Officer. Mr. Smotherman made a motion to send the non-compliance complaints to the appointed Beer Board Hearing Officer. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director indicated there were no statements to be approved. Under other business, Mayor McFarland addressed recent break-ins at the Greenway Trail Heads. The City is taking measures to increase patrol watches; hire a police officer for the park system; and analyze crime data to better predict crime patterns. Citizens were encouraged to do their part by making sure car doors are locked and valuables kept out of site. There being no further business, Mayor McFarland adjourned this meeting at 8:36 p.m.  February 15, 2018 Page 9 SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER