City Council

March 16, 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, March 16, 2017, with Vice-Mayor Madelyn Scales Harris present and presiding and with the following Council Members present and in attendance, to wit: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Mayor Shane McFarland was absent and excused from this meeting. The following representatives of the City were also present: James Crumley, Assistant City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director David Ives, Assistant City Attorney Matthew Blomeley, Assistant Planning Director Chad Gehrke, Airport Manager Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Rick LaLance commenced the meeting with a prayer. Boy Scouts Miguel Beristain and Parker Daniels from Troop 1108 lead those present with the Pledge of Allegiance. Boy Scouts Miguel Beristain and Park Daniels were present to complete requirements for Citizenship in the Community and Communications Merit Badges. Vice-Mayor Scales Harris presented a proclamation declaring March 12-18, 2017 as Blue Raider Basketball Week. This season will mark the Blue Raiders’ second Conference USA Tournament Championship and NCAA Tournament appearance in a row. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of City Manager’s approved Budget Amendments for Fiscal Year 2017. 2. Letter of recommendations from the Senior Center Director: Purchase of Furniture with CIP Funds. 3) Letter of recommendations from the Water & Sewer Board: A. FY 2016-2017 O & M Vehicle Purchases. B. Purchase Farm Truck Replacement. C. Chemical Bid Extensions. D. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. E. Contingency Allowance Allocations for Auxiliary Raw Water Intake Standby Generator. F. 240-Gallon Air Compressor Receiver Tank (Task Order 17-05), Water/ Wastewater Systems Mechanical/Electrical Services Contract. G. Applied Air Make-up Air Unit (Task Order 17-04), Water/Wastewater Systems Mechanical/Electrical Services Contract. H. Testing & Cleaning of 4000-Amp Breaker Assembly by JBS Personnel (Task Order 17-03), Water/Wastewater Systems Mechanical/Electrical Services Contract. I. Water Treatment Plant Hydrogen Peroxide Addition, Change Order No. 4. J. Lawn Mowing Service Contract Bids. K. Asphalt Purchases Report.  March 16, 2017 Page 2 4) Letter of recommendations from the Community Development Director: A. Emergency Solutions Grant: Supplemental Allocation. B. Emergency Solutions Grant: 2017-2018 Application. 5) Letter of recommendations from the Transportation Director: Reclassification of Sign Technician to Sign Technician Crew Leader. 6) Letter of recommendations from the Airport Manager: A. Lease Agreement Amendment with Murfreesboro Aviation to allow mobile trailer unit to be parked on leased space for a period of 36 months at the Murfreesboro Municipal Airport. B. Grant Amendment for $16,000.00 through TDOT-Division of Aeronautics for the approach lighting & clearing project for Runway 18 at Murfreesboro Municipal Airport. C. Grant for $24,500.00 through TDOT-Division of Aeronautics for trimming, removal & replacement of trees to maintain the approach surface for Runway 36. D. Grant for $350,000.00 through TDOT-Division of Aeronautics for construction of the new Airport Terminal. 7) Letter of recommendations from the Parks & Recreation Director: Use Agreement with Michael Baird for continued use of 20+/- acres on former Tenpenny Farm 8) Letter of recommendations from the City Manager: Police HQ Work Package 5. 9) Requests to hang a banner across E. Main Street: A. Murfreesboro Symphony Orchestra: * November 6-13, 2017 (“Salute to Veterans”), Event-November 10, 2017. * December 5-15, 2017 (“Sounds of Christmas”), Event-December 14, 2017. * February 13-23, 2018 (“February” Concert), Event-February 22, 2018. * April 10-20, 2018 (“Pops” Concert), Event-April 19, 2018. B. Alpha Delta Pi-Athlon, March 17-27, 2017, Event-April 9, 2017. (Insert letters from the City Recorder/Finance Director, Senior Center Director, Water & Sewer Board, Community Development Director, Transportation Director, Airport Manager, Parks & Recreation Director and City Manager here.) Mr. LaLance 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 special meetings held on March 2, 2017 (MTAS) and March 2, 2017 (Public Comment) and the regular meeting held on March 2, 2017. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 17-OZ-01 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 Savannah Ridge and Hyannis Drive from General Office (OG) District to Single-Family Residential Ten (RS-10) District; Marwan Alkhiyami, applicant [2016-458],” which passed first reading on March 2, 2017, 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 resolution was passed on second and final reading by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman  March 16, 2017 Page 3 Kirt Wade Madelyn Scales Harris Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-01 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 3, 2017 here regarding ORDINANCE 17-OZ-03.) An ordinance, entitled “ORDINANCE 17-OZ-03 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 zone approximately 46.5 acres located along Lascassas Pike as Planned Residential Development (PRD) District (Laurelstone PRD), simultaneous with annexation; Goodall Homes, LLC, applicant [2016-457],” which passed first reading on March 2, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-03 here.) The City Recorder/Finance Director presented a renewal of Certificate of Compliance for a Retail Liquor Store for Arkesh S. Patel, Sureshkumar G. Patel and Prakash P. Patel at Boro Liquors, 3210 Memorial Boulevard. All requirements had been met. Mr. LaLance made a motion to approve a renewal of Certificate of Compliance for Arkesh S. Patel, Sureshkumar G. Patel and Prakash P. Patel at Boro Liquors, 3210 Memorial Boulevard. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated March 3, 2017 here with regards to scheduling a public hearing to consider Annexation Plan of Services and annexation petition (406.3 acres) along Burnt Knob Rd, Veterans Pkwy, & Blackman Rd; zoning (P) (CH) along Burnt Knob Rd and Lyle McDonald Crt (120.5 acres), simultaneous with annexation; zoning (CH) (CF) along Veterans Pkwy & Blackman Rd (79 acres), simultaneous with annexation; Evergreen Farms PRD Amendment (247.3 acres); Annexation Plan of Services and annexation petition for 5,000 linear feet of Shores Rd ROW; Zoning Ordinance Amendments Section 2: Interpretation and Definitions; Chart 1: Uses Permitted by Zoning District; and Chart 2: Minimum Lot Requirements, Minimum  March 16, 2017 Page 4 Yard Requirements, and Land Use Intensity Ratios.) The following RESOLUTION 17-R-PH-07 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-07 here to schedule a public hearing for April 20, 2017 to consider (1) adoption of a Plan of Services for and annexation of 406.3 acres along Burnt Knob Rd, Veterans Pkwy & Blackman Rd; (2) zoning of approximately 120.5 acres along Burnt Knob Rd & Lyle McDonald Crt to Park (P) District (approximately 116.9 acres) & Highway Commercial (CH) District (approximately 3.6 acres); and (3) zoning of approximately 79 acres along Veterans Pkwy and Blackman Rd to Highway Commercial (CH) District (approximately 70.5 acres) and Commercial Fringe (CF) District (approximately 8.5 acres), which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2017-501, 2017-403 & 2017-404]; City of Murfreesboro & Mr. Donald McDonald, applicants.) The following RESOLUTION 17-R-PH-08 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-08 here to schedule a public hearing for April 20, 2017 to consider a proposed amendment to approximately 247.3 acres in the Planned Residential Development (PRD) District located west of Saint Andrews Drive (Evergreen Farms PRD) [2017-401]; Ole South Properties, Inc., applicant.) The following RESOLUTION 17-R-PH-09 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-09 here to schedule a public hearing for April 20, 2017 to consider adoption of a Plan of Services for and annexation of approximately 5,000 linear feet of Shores Road right-of-way which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2017-502]; City of Murfreesboro, applicant.)  March 16, 2017 Page 5 The following RESOLUTION 17-R-PH-10 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-10 here to schedule a public hearing for April 20, 2017 with respect to amending the Murfreesboro City Code, Appendix A-Zoning, Section 2, Section 15, Chart 1, Chart 2 and Chart 1 and 2 endnotes, pertaining to revisions to the Zoning Ordinance [2017-801]; Murfreesboro Planning Department, applicant.) The following letter of recommendations from the Airport Commission was presented to the Council: (Insert letter dated February 16, 2017 here with regards to Contract with Michael Baker International for Architecture, Engineering & Construction Administrative Services for new Airport Terminal building; and Work Authorization with ATKINS North America for Site Engineering Services for the building site, road & parking lot improvements for the new Airport Terminal building.) Mr. LaLance wanted to go on record stating that he did not want to see the Michael Baker International Firm come back with an amendment because the man hours were not figured correctly. Mr. LaLance made a motion to accept the recommendation of the Airport Commission to approve a Contract with Michael Baker International in the amount of $313,686.00 for Architectural, Engineering and Construction Administrative Services for the new Airport Terminal building. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Mr. Shacklett made a motion to accept the recommendation of the Airport Commission to approve the Work Authorization with ATKINS North America in the amount of $146,933.00 (Estimate of Services $132,933.00 and Special Services for Topography Survey & Geotechnical Analysis “Not to Exceed” $14,000.00) for Site Engineering Services for the building site, road and parking lot improvements for the new Airport Terminal. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director presented Special Event Beer Applications for Children’s Museum Corporation, d/b/a Discovery Center, at 1001 E. Main Street (Event 6/2/2017) and the MBRC Foundation at Cannonsburgh Village, 312 S. Front Street (Events 4/28/2017 and 4/29/2017). All requirements had been met for these applications. Beer Permit Applications were presented for Fuzzy’s Taco Shop, 1500 Medical Center Parkway, Suite 1K (new location); Circle K 2803712 (ownership/name change), 2493 S. Church  March 16, 2017 Page 6 Street; Circle K 2803716 (ownership/name change), 1702 S. Rutherford Boulevard; and Wasabi Steak House & Sushi (ownership/name change), 2812 Old Fort Parkway, Suite G. These applications are pending completion of all required building and codes inspections. Mr. LaLance made a motion to approve Special Event Beer Permits for Children’s Museum Corporation, d/b/a Discovery Center, and MBRC Foundation at Cannonsburgh Village and approve Beer Permits for Fuzzy’s Taco Shop, Circle K 2803712, Circle K 2803716 and Wasabi Steak House & Sushi upon successful completion of all building and codes requirements. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to reappoint Mr. Robert J. Lyons to the Risk Management Committee for another three-year term ending 6/30/2019. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following statement was presented to the Council with the recommendation of the City Manager and City Recorder/Finance Director its payment be approved: From Airport Fund: Eastern Aviation Fuels, Inc. $ 40,065.54 Mr. Smotherman made a motion to accept the recommendation of the City Manager and City Recorder/Finance Director to approve payment of the statement. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. Under other business, the Assistant City Manager presented the following recommendation from the City Manager: (Insert letter from the City Manager here with regards to proposed Contract Amendment with Scott Graby for “The Fountains”.) Mr. Smotherman made a motion to accept the recommendation of the City Manager to approve a Contract Amendment with Scott Graby for “The Fountains”. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. There being no further business, Vice-Mayor Scales Harris adjourned this meeting at 7:25 p.m. MADELYN SCALES HARRIS – VICE-MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER