City Council

May 4, 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, May 4, 2017, 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: 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 Richard Rucker, Risk Manager/Staff Attorney Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Darren Gore, Water & Sewer Director Jim Kerr, Jr., Transportation Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Mayor Shane McFarland commenced the meeting with a prayer followed by Boy Scouts Ewan and Wyatt Andrews leading those present with the Pledge of Allegiance. Mayor McFarland introduced Boy Scouts Ewan and Wyatt Andrews with Troop 441, Mars Hill Church of Christ, who were present to complete requirements for Citizenship in the Community and Communications Merit Badges. Mayor McFarland made the following announcements: *“National Prayer Day”. *Miracle Field Groundbreaking, Sports*Com, Saturday, May 6, 2017, 10:00 a.m. *Town Hall Meeting, Olive Branch Church, Sunday, May 7, 2017, 3:00 p.m. *Mike Browning, Public Information Officer, graduating with a Master of Arts in Public History Degree from MTSU, Saturday, May 6, 2017. *JazzFest, Saturday, May 6, 2017. *Proclamation: “Drinking Water Week”. 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 Street Division Superintendent: A. Purchase of a 2016 Elgin Crosswind Street Sweeper. B. Purchase of a 2017 International HX620 6x4 Construction Dump Truck. 3) Letter of recommendations from the Water & Sewer Board: A. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. B. Barton Lawn Care Contract Amendment. C. O&M Vacuum Truck Repair. D. Asphalt Purchases Report.  May 4, 2017 Page 2 4) Letter of recommendations from the Community Development Director: A. Housing Rehab: 723 North Walnut Street. B. Housing Rehab: 1902 Wren Street. 5) Letter of recommendations from the Chief of Police: Purchase of Level IIIA Body Armor with Concealable Carrier. (Insert letters from the City Recorder/Finance Director, Street Division Superintendent, Water & Sewer Board, Community Development Director and Chief of Police 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”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 25, 2017 here with regards to RESOLUTIONS 17-R-PS-07 AND 17-R-A-07.) The Assistant Planning Director presented the revised Plan of Services and annexation which eliminates three parcels from the study area presented at the City Council meeting of April 20, 2017. This was presented for informational purposes only, and no action was needed. An ordinance, entitled “ORDINANCE 17-OZ-07.1 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 120.5 acres along Burnt Knob Road and Lyle McDonald Court as Park (P) District and Highway Commercial (CH) District, simultaneous with annexation; City of Murfreesboro, applicant [2017-403],” which passed first reading on April 20, 2017, 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 17-0Z-07.1 here.) An ordinance, entitled “ORDINANCE 17-OZ-08 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 247.3 acres in the Planned Residential Development (PRD) District located west of Saint Andrews Drive (Evergreen Farms PRD) as indicated on the attached map; Ole South Properties, Inc., applicant [2017-401],” which passed first reading on April 20, 2017, was read to the Council  May 4, 2017 Page 3 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-08 here.) An ordinance, entitled “ORDINANCE 17-O-10 amending 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,” which passed first reading on April 20, 2017, was read to the Council and offered for passage on second and final reading. The City Attorney presented an amendment to Section 1, Definitions - Extended Stay Hotel/Motel in Industrial Zones to change 10% to 5% and amend Section 7 to change language from “take effect fifteen (15) days after its passage on second and final reading” to “take effect immediately after its passage on second and final reading as an emergency exists”. Mr. Wade made a motion to amend ORDINANCE 17-O-10 as presented. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. ORDINANCE 17-O-10 was then passed on second and final reading, as amended, upon motion made by Mr. Smotherman, seconded by Mr. Shacklett. Upon roll call said ordinance so 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-10 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 28, 2017 here with regards to ORDINANCE 17-OZ-07.2.) The Assistant Planning Director provided information regarding the restrictive covenants recorded by Mr. McDonald as a good faith effort to show his intentions for the property considered at the April 20, 2017 public hearing. He also provided references on the  May 4, 2017 Page 4 I-24 interchanges within or adjacent to the City’s jurisdiction and the predominant zoning of parcels around the interchange. It was also noted that staff would be focusing their attention back to the City-wide Design Guidelines which is anticipated to be ready in draft form in late July and scheduled for a public hearing by Planning Commission in August. An ordinance, entitled “ORDINANCE 17-OZ-07.2 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 79 acres along Veterans Parkway and Blackman Road as Highway Commercial (CH) District and Commercial Fringe (CF) District, simultaneous with annexation; Mr. Donald McDonald, applicant [2017-404],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter of recommendations from the Risk Manager/Staff Attorney was presented to the Council: (Insert letter dated April 28, 2017 here with regards to Contract for Workers’ Compensation Third-Party Administrator.) Mr. Shacklett made a motion to accept the recommendation of the Risk Manager/Staff Attorney and approve a Contract with OccuSure Claims Service, LLC and Johnston & Associates, Inc. for an annual fee of $97,500 (first 225 claims) and $500 for each additional claim with a one-time $50,000 conversion fee (10 years of data from existing database to include transfer of 100 active claims) for a Third-Party Administrator to handle and manage workers’ compensation claims and authorize the Mayor to execute said contracts. Mr. Wade 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 May 4, 2017 here with regards to Task Order Agreement No. 1 with Neel-Schaffer for Professional Services of the Broad and Memorial Traffic Systems Timing & Operations Project. Mr. Smotherman felt this department has the expertise to perform this project and would not support approval of this matter. The Transportation Director indicated there is a significant amount of work involved, and they do not have the manpower to perform it in- house. Mr. Smotherman had not had any evidence presented to him to indicate there was  May 4, 2017 Page 5 not enough manpower to perform this project in-house unless the department does not have the expertise. The City Manager requested to defer approval of this matter until staff can provide some estimates of the number of hours that would be involved in this project. Mr. Smotherman made a motion to defer this item. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Water & Sewer Board was presented to the Council: (Insert letter dated April 27, 2017 here with regards to proposed amendment to the City of Murfreesboro Stormwater Fund Financial Management Policies.) The Water & Sewer Director gave an overview of the proposed amendment to lower the minimum reserve balance equal to three (3) months of Operations and Maintenance (O&M) budget instead of twelve (12) months. Mr. Shacklett addressed comments at the Public Comment meeting to reduce it to six (6) months. The Water & Sewer Director indicated six months is an option to consider. The City Manager recalled the charge made by Council to use the Stormwater fee for improvements instead of accumulating funds, and that was the justification to reduce the minimum reserve balance and continue to keep the money working. Council concurred with three (3) months minimum reserve balance as recommended. Mr. Wade made a motion to accept the recommendation of the Water and Sewer Board to amend the Murfreesboro Stormwater Fund Financial Management Policies. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 17-O-15 amending Chapter 33, Water and Sewers, Section 33-1 of the Murfreesboro City Code, dealing with minimum monthly water charges and minimum monthly sewer charges,” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter of recommendations from the Assistant City Manager was presented to the Council: (Insert letter dated May 1, 2017 here with regards to Change Order No. 2 to contract with Energy Systems Group (ESG).) Mr. Shacklett made a motion to accept the recommendation of the Assistant City Manager to approve Change Order No. 2 to the contract with Energy Systems Group (ESG)  May 4, 2017 Page 6 in an amount not to exceed $356,610.00, funded from current County shared bond proceeds, for new HVAC equipment installed at Erma Siegel Elementary School and authorize the Mayor to execute said agreement. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the City Manager was presented to the Council: (Insert letter dated May 4, 2017 here with regards to Medical Center Parkway and Gateway Boulevard Intersection Improvements.) Mayor McFarland went on record stating that he has a project on this corner and has not been involved in these negotiations. Mr. Smotherman made a motion to accept the recommendation of the City Manager to approve an agreement with St. Thomas Rutherford Hospital for intersection improvements at Medical Center Parkway and Gateway Boulevard. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Mayor McFarland presented a correction to Mr. Michael Osborne’s appointment on April 20, 2017 to be placed under “General” category and move the current member, Mr. Steve Benefield, to “Management of 20 or more Employees” to fill the vacancy left by Mr. Peter Demos on the Disciplinary Review Board. Mr. Smotherman made a motion to appoint Mr. Michael Osborne to the Disciplinary Review Board under the “General Category” with term ending 9/30/2019 and appoint Mr. Steve Benefield under the category of “Management of 20 or more Employees” with term ending 9/30/2021. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Upon recommendation of Mayor McFarland, Mr. Smotherman made a motion to reappoint Mr. Steven Dix and Mr. Zach Leister for another six-year term on the Disciplinary Review Board with terms ending 9/30/2023. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director presented a Special Event Beer Application for Oaklands Association, Inc. for the following events: Oaklands Mansion, 900 & 901 N. Maney Avenue (5/5/2017) Murder Mystery Dinner; 901 N. Maney Avenue (5/13/2017) Free Community Appreciation Day; 900 N. Maney Avenue (06/18/2017) Father’s Day Magic Show; 900 & 901 N. Maney Avenue (7/14/2017) Fundraising Party; 900 & 901 N. Maney Avenue (8/5/2017) Murder Mystery Dinner; 900 & 901 N. Maney Avenue (10/23/2017) Membership Dinner; 900 & 901 N. Maney Avenue (11/4/2017) Acorn Festival; and 900 &  May 4, 2017 Page 7 901 N. Maney Avenue (12/1/2017) Christmas Gala. All requirements had been met by the applicant. Mr. Wade made a motion to approve a Special Event Beer Permit for the Oaklands Association, Inc. events as listed. Mr. Shacklett 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 Fuel, Inc. $ 27,943.71 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. Shacklett seconded the motion and all members of the Council present voted “Aye”. Under other business, the following letter of recommendations from the Water & Sewer Director was presented to the Council: (Insert letter dated May 4, 2017 here with regards MTSU Agreement to paint logo on Bloomfield repurified tank.) Mr. Smotherman went on record stating that he works for MTSU and there is no financial gain by approving this request. Mr. Wade made a motion to accept the recommendation of the Water & Sewer Director to approve the Water Tower Use Agreement with MTSU to paint university logos on the Bloomfield repurified tank. Mr. Smotherman 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 May 4, 2017 here with regards to State Form CT-0253 regarding City School Energy Efficiency Initiative project.) The City Recorder/Finance Director stated this form summarizes the energy loan for the City Schools for which the project has been completed, and the funds have been reimbursed. City Schools has started making payments to reimburse the State this month. This is an acknowledgment that the form has been presented to Council, and no action is required on this matter. There being no further business, Mayor McFarland adjourned this meeting at 8:09 p.m. SHANE MCFARLAND - MAYOR ATTEST:  May 4, 2017 Page 8 MELISSA B. WRIGHT - CITY RECORDER