City Council

June 8, 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, June 8, 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 Erin Tucker, Assistant Finance Director Craig Tindall, City Attorney Donald Anthony, Principal Planner Gary Whitaker, Planning Director Jim Kerr, Jr., Transportation Director Angela Jackson, Parks & Recreation Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Bill Shacklett recognized Sergeant Clayton Williams with the Murfreesboro Police Department who commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland stepped down to the podium to present a Proclamation to Williams “Wills” McAdams recognizing his achievement as the State’s top middle school winner for the 2017 Prudential Spirit of Community Awards Program. His mother, dad, sister and grandparents were also present. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Street Division Superintendent: A. Purchase two (2) 2017 Ram 2500 Tradesman 4x4 Crew Cab Trucks. B. Purchase a Denis Cimaf DAH-065 Mulcher attachment. C. 2017-2018 State Maintenance Contract. 2) Letter of recommendations from the Senior Center Director: Greater Nashville Regional Council (GNRC) Options Contract 2018-02. 3) Letter of recommendations from the Community Development Grant Coordinator: Use of funds through the Affordable Housing Assistance Program for 302 & 304 South Hancock Street. 4) Letter of recommendations from the Community Development Director: A. 2017-2018 Third-Year Action Plan. B. Housing Rehabilitation: 723 N. Walnut Street, Change Order No. 1. C. Housing Rehabilitation: 1902 Wren Street, Change Order No. 1. 5) Letter of recommendations from the Water & Sewer Board: A. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. B. Coleman Farm Standing Hay Contract Extension. C. Jordan Farm Standing Hay Contract Extension. D. Gorman Rupp Pump Impeller Replacements. E. Lytle Street Reconstruction Phase 2: Work Change Directive No. 2.  June 8, 2017 Page 2 F. US Department of Interior Joint Funding Agreement for West Fork Stones River Gaging Station. 5) Letter of recommendations from the Water & Sewer Board (Continued): G. Lagoon Sludge Removal Bid: Change Order No. 1 for Water Treatment Plant. H. Asphalt Purchases Report. (Insert letters from the Street Division Superintendent, Senior Center Director, Community Development Grant Coordinator, Community Development Director and Water & Sewer Board here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to approve the minutes as written and presented for the regular meetings held on April 20, 2017 and May 18, 2017. Mr. Wade seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 17-OZ-12 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 Kings Highway and Bridge Avenue from Single-Family Residential Eight (RS-8) District to Duplex Residential (RD) District (approximately 1 acre); from Highway Commercial (CH) District to Duplex Residential (RD) District (approximately 0.5 acres); and from Heavy Industrial (H-I) District to Light Industrial (L-I) District (approximately 3.3 acres); Sword of the Lord Foundation, applicant [2017-405],” which passed first reading on May 18, 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 ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-12 here.) An ordinance, entitled “ORDINANCE 17-OZ-13 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 17.3 acres in the Planned Unit Development (PUD) District located along Rucker Lane (Victory Station PUD), as indicated on the attached map; Swanson Development, applicant [2017-407],” which passed first reading on May 18, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote:  June 8, 2017 Page 3 Aye: Madelyn Scales Harris Rick LaLance Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-13 here.) An ordinance, entitled “ORDINANCE 17-O-14 amending the Murfreesboro City Code, Appendix A-Zoning, Sections 9 and 31, regarding cell towers, small cell antennas, and underground fiber optic cable; Section 27 and Table 2, regarding landscaping, and Chart 1 and Chart 4,” which passed first reading on May 18, 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 ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-O-14 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to the provisions of T.C.A. 6-56-206 and the City Charter, to consider the proposed 2017-2018 City of Murfreesboro Budget. Notice of said public hearing was published in the May 29, 2017 issue of a local newspaper as follows: (Insert notice here.) Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed 2017-2018 City of Murfreesboro Budget do so at this time. There was no one present who wished to speak for or against the proposed 2017-2018 City of Murfreesboro Budget and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following budget changes from the City Manager were presented to the Council: (Insert budget changes here.) Mr. Wade made a motion to approve the budget changes as presented. Mr. LaLance seconded the motion.  June 8, 2017 Page 4 The City Manager indicated that the budget changes would amend the Appropriation Ordinance on first reading, and any other changes would be considered prior to second and final reading. An ordinance, entitled “ORDINANCE 17-O-28 adopting a budget and appropriations ordinance providing for appropriations out of the general and special funds of the City of Murfreesboro, Tennessee, of certain sums to defray the current, necessary and special expenses of said City for the Fiscal Year 2017-2018, and for other purposes,” was read to the Council and offered for passage on first reading, as amended, 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 An ordinance, entitled “ORDINANCE 17-O-29 providing for the levy and collection of a tax for the year 2017 upon all property, real, personal and mixed, within and subject to the jurisdiction of the City of Murfreesboro that is now taxable under the laws and Constitution of the State of Tennessee and the Charter of said City, and for the interest, penalties and costs to be added to such taxes after certain dates,” was read to the Council and offered for passage on first reading upon motion made by Vice-Mayor Scales Harris, seconded by Mr. Wade. 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 following RESOLUTION 17-R-13 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  June 8, 2017 Page 5 (Insert RESOLUTION 17-R-13 here approving the budget of the Murfreesboro Water and Sewer Department for the Fiscal Year 2017-2018.) The following RESOLUTION 17-R-14 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Shacklett. 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-14 here approving the budget of the Stormwater Utility Management Fund for the Fiscal Year 2017-2018.) The Principal Planner presented the following letter of recommendations from the Planning Commission to the Council: (Insert letter dated May 31, 2017 here with regards to outside-the-City sewer customer for approximately 45 acres located along Rucker Road; Rick and Amber Morgan, applicants.) Mr. Smotherman made a motion to accept the recommendation of the Planning Commission to approve approximately 45 acres located along Rucker Road as an outside- the-City sewer customer and that the property be regulated as if it were zoned Single- Family Residential Fifteen (RS-15) District. Mr. Wade seconded the motion and all members of the Council voted “Aye” The following letter of recommendations from the Transportation Director was presented to the Council: (Insert letter dated June 8, 2017 here with regards to Agreement No. 170065, Implementation of Adaptive Signal Control Technology (ASCT) for Rutherford/ Northfield Blvd and TDOT and Task Order Agreement No. 1 with Neel- Schaffer, Inc. for Professional Services of the Broad and Memorial Traffic Systems Timing & Operations Project.) Mr. Smotherman made a motion to accept the recommendation of the Transportation Director to approve Agreement No. 170065-Implementation of Adaptive Signal Control Technology (ASCT) for Rutherford/Northfield Boulevard with TDOT. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. Smotherman made a motion to accept the recommendation of the Transportation Director to approve a contract with Neel-Schaffer, Inc. in an amount “not to exceed” $163,390.00, funded from State Street Aid Budget for FY 2018, for professional services of the Broad and Memorial Traffic Systems Timing & Operations Project. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Schools Superintendent was presented to the Council:  June 8, 2017 Page 6 (Insert letter dated May 22, 2017 here with regards to Fiscal year 2017 Budget Amendments.) The following RESOLUTION 17-R-10 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. 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-10 here amending the 2016-2017 Budgets for the Murfreesboro City Schools - 1st amendment.) The following letter of recommendations from the Parks & Recreation Director was presented to the Council: (Insert letter dated June 8, 2017 here with regards to Amendment No. 4 for West Park A & E Services; Professional Services Contract for two maintenance facilities; Property acquisition at Cornerstone Drive for future park; Refunding Resolution 17-R-12 for construction of the Jordan Farm Soccer Practice Facility.) Mr. Wade made a motion to accept the recommendation of the Parks & Recreation Director to approve Contract Amendment No. 4 with Kimley-Horn & Associates, Inc. for professional services to be compensated on a labor fee plus expense basis for tasks assigned on a fee range of not-to-exceed $2 Million, funded from the Capital Improvement Plan, for the development of a park on the west side of Murfreesboro. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the Parks & Recreation Director to approve a contract with Ragan-Smith Associates, Inc. for professional services to be compensated on an hourly not-to-exceed basis of $147,000, funded from Capital Improvement Plan, for two maintenance facilities. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the Parks & Recreation Director to approve a contract with Huddleston-Steele Engineering for survey work and acquisition of approximately 12 acres from Dr. Rishi Saxena for an approximate total cost of $50,000 with funding for acquisition up to $40,000 sourced from the Stormwater Fund and additional fees appropriated from future operating budgets. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following RESOLUTION 17-R-12 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote:  June 8, 2017 Page 7 Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-12 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the Jordan Farm Soccer Practice Facility, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) The following RESOLUTION 17-R-11 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. 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-11 here approving Chapter 1 of the Private Acts of 2017.) The City Recorder/Finance Director presented Beer Permit Applications for Camino Real Mexican Restaurant at 3919 Cedar Glades Drive (new location) and Freebirds World Burrito at 2222 Medical Center Parkway, Suite A (new location). These applications are pending completion of all required building and codes inspections. Mr. LaLance made a motion to accept the recommendation of the City Recorder/Finance Director to approve Beer Permits for Camino Real Mexican Restaurant and Freebirds World Burrito upon successful completion of all building and codes inspections. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated there were no board or commission appointments to be considered. The City Manager and City Recorder/Finance Director presented the following statement for approval: From Airport Fund: Eastern Aviation Fuels, Inc. $ 52,936.85 Mr. Smotherman made a motion to approve payment of the statement as recommended by the City Manager and City Recorder/Finance Director. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Under other business, the City Recorder/Finance Director presented the following letter from the Assistant Superintendent of City Schools:  June 8, 2017 Page 8 (Insert letter dated June 8, 2017 here with regards to a contract with LanLink Communications for cabling at the Black Fox School addition.) Mr. Shacklett made a motion to accept the recommendation of the Assistant Superintendent of City Schools to approve a contract with LanLink Communications in the amount of $85,087.00, funded from City held bond funds shared from Rutherford County, for cabling at the Black Fox School addition. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. Mayor McFarland reported on the meetings held to address crimes in the MTSU area and arrests made in all situations. He commended the Murfreesboro Police Department for their approach and response to these issues. Council thanked the Mayor for the phenomenal amount of time and work he had put into meeting with apartment complex owners/management to address these issues. Council then discussed the Council vacancy. Mr. Shacklett made a motion to appoint Ms. Susan Young to fill the vacant seat. Mr. Wade seconded the motion. Council discussed the matter further. It was felt by some Council members that there should more discussion regarding the criteria to fill this vacancy prior to appointing someone. The matter would be put on the next agenda for further discussion and consideration. Mr. Shacklett withdrew his motion. Mr. Wade withdrew his second. There being no further business, Mayor McFarland adjourned this meeting at 8:12 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER