City Council

August 3, 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, August 3, 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 Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Gary Whitaker, Planning Director Darren Gore, Water & Sewer Director Sam Huddleston, Assistant City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Bill Shacklett introduced Chaplain Eddie Turner and Chaplain James Tipton who are part of the newly formed chaplain program for the Murfreesboro Police Department. Chaplain Turner commenced the meeting with a prayer followed by Boy Scouts John and Ethan Summar leading those present with the Pledge of Allegiance. Chaplain Eddie Turner gave a brief explanation of the program which will assist Murfreesboro Police Officers with their emotional and physical pressures. Boy Scouts John and Ethan Summar, St. Marks Methodist Church Troop 398, were present to complete requirements for the Communications Merit Badge. Their mother and grandmother were also present. Mayor McFarland disclosed that he has worked with their aunt for many years. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Chief of Police: Approval of K-9 Contract. 2) Letter of recommendations from the Assistant Transportation Director: A. Contract with Trapeze Software Group, Inc. d.b.a. TripSpark for System Supply & Support Agreement FY 2018-2020. B. Contract 75UROP-S3-011 with Tennessee Department of Transportation for Operating Assistance in FY 2018. 3) Letter of recommendations from the Community Development Grant Coordinator: Use of Funds through the Affordable Housing Assistance Program for 217 South Highland Avenue. 4) Letter of recommendations from the Fire & Rescue Chief: A. Purchase of Extrication Equipment from Single Source Provider with CIP Funds. B. Approve Mid-South Emergency Equipment as a Single Source Provider. 5) Letter of recommendations from the Water & Sewer Board: A. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. B. 2016-2017 Sanitary Sewer Rehabilitation Change Order No. 1. C. Sole Source Purchase Odor Control State Chemical.  August 3, 2017 Page 2 D. Asphalt Purchases Report. (Insert letters from the Chief of Police, Assistant Transportation Director, Community Development Grant Coordinator, Fire & Rescue Chief and Water & Sewer Board here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Vice- Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 17-OZ-32 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 7.2 acres along White Poplar Court from Single- Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Poplar Grove PRD); Richard Reeves, applicant [2017-402],” which passed first reading on July 20, 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 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-32 here.) An ordinance, entitled “ORDINANCE 17-OZ-35 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 6.11 acres along Jackson Alan Drive and Suzanne Landon Drive from Planned Commercial Development (PCD) District to Planned Residential Development (PRD) District (The Villas Regal Square PRD); Land Questor, applicant [201-417],” which passed first reading on July 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: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Abstain: Shane McFarland Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-35 here.) The following letter from the Assistant City Attorney was presented to the Council:  August 3, 2017 Page 3 (Insert letter dated July 26, 2017 here with regards to ORDINANCE 17-O-25 as amended.) The Assistant City Attorney presented ORDINANCE 17-O-25 with the appropriate changes made to remove the limitation on RM-12 and RM-16 as requested by City Council. Mayor McFarland met with the City Attorney and Planning Staff at which time it came to his attention that the MU (Mixed Use) zoning had a multi-family element that had not been considered by Council and felt it would be appropriate to ask the Planning Commission to include it with the RM-12 and RM-16 with a recommendation back to Council. Mr. LaLance so moved. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. There was not a motion to pass ORDINANCE 17-O-25 on second and final reading. The following letter of recommendations from the Assistant City Engineer was presented to the Council: (Insert letter dated August 3, 2017 here with regards to Caroline Farms Road Development Agreement and MOU with MTSU Tennessee Miller Coliseum.) The Assistant City Engineer introduced Michelle Emerson who was recently hired in the Engineering Department. The Assistant City Engineer presented the Caroline Farms Road Development Agreement. In response to questions regarding signalization of roads intersecting with Thompson Lane, he envisioned that, with the construction of the proposed development and connection to Cherry Lane, Siegel Road would likely warrant a signal at the intersection of Thompson Lane some time in the future as well as Leanna Road signalized with improvements to Thompson Lane. If the State warrant analysis is met for Caroline Drive, there is adequate space for signalization. He recognized Mr. Stephen Dotson, developer for Caroline Farms. Mr. LaLance made a motion to accept the recommendation of the Assistant City Engineer and approve the Roadway Development Agreement with funding from State Street Aid in the amount of $110,000.00 and authorize the City Manager to execute said agreement with Caroline Farms, subject to review and approval of the City Attorney. Mr. Wade seconded the motion and all members of the Council voted “Aye” except Mayor McFarland voted “Abstain”. The Assistant City Engineer presented the request to consider a MOU with MTSU Miller Coliseum and addressed questions from Council. Mr. LaLance made a motion to accept the recommendation of the Assistant City Engineer to approve a Memorandum of Understanding with MTSU Miller Coliseum and authorize the City Manager to execute same on behalf of the City following approval of the  August 3, 2017 Page 4 City Attorney; approve funding for the City’s portion of the MOU in a budget amount of $80,000.00 from Engineering and Parks and Recreation Operating Budgets; and approve accepting the land and easement grants from MTSU Miller Coliseum to facilitate construction of the projects and authorization for the Mayor to dedicate the land and easements for the projects by executing final plats, easement and ROW grant agreements and land transfer agreements following approval by the City Attorney. Mr. Wade seconded the motion and all members of the Council voted “Aye” except Mayor McFarland voted “Pass”. The following letter of recommendations from the Water Resources Board was presented to the Council: (Insert letter dated July 27, 2017 here with regards to Northeast Regional Pump Station & Conveyance Design, Smith Seckman Reid Engineering Task Order 17-41-016.0.) Mr. Smotherman made a motion to accept the recommendation of the Water Resources Board to approve Smith Seckman Reid Task Order 17-41-016.0 in an amount not to exceed $2,231,250.00 for design of the Northeast Regional Pumping Station and all associated conveyances, both gravity sewer and force main, along with abandonment of three (3) large pump stations (Pump Station 14 on DeJarnette Lane & Pump Stations 26 & 27 on Compton Road). Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Assistant City Manager was presented to the Council: (Insert letter dated July 28, 2017 here with regards to Contract with Johnson + Bailey Architects for site planning on City-owned property at Blaze Drive and Fortress Boulevard.) Mr. Crumley, Assistant City Manager, noted that an e-mail was received from Johnson + Bailey stating that there is no obligation to the City Council but, in the future, if they are chosen to be the designer of whatever structure goes on that property, they will absorb 100% of this fee into their standard fees for design of a larger structure on the property. Council discussed at length the cost of site planning for property that currently has no plans other than two acres for Fire Station No. 11 and thought it made more sense to spend the money on a Parks & Recreation master plan, then determine what site the plan will be best suited for. Mr. Crumley withdrew the recommendation. The following letter from the Assistant City Manager was presented to Council: (Insert letter dated July 31, 2017 here with regards to Refunding Resolution 17-R-21 for the widening of Thompson Lane.) The following RESOLUTION 17-R-21 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote:  August 3, 2017 Page 5 Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-21 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures to assist the Tennessee Department of Transportation (TDOT) with the widening of Thompson Lane for the Right of Way Phase, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) The following letter of recommendations from the City Manager was presented to the Council: (Insert letter dated July 24, 2017 here with regards to Classification and Compensation Plan Correction.) The City Manager gave a power point presentation and answered questions from the Council. This correction would be made retroactive to July 1, 2017. Mr. Smotherman made a motion to accept the recommendation of the City Manager and approve establishing a pay grade maximum using the same hourly rate. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented a Special Event Beer Application for Murfreesboro Young Professionals, 3050 Medical Center Parkway, for an event to be held on South Walnut Street between the Alley and First Vision Bank on August 26, 2017. The application is in order. She also presented Beer Permit Applications for Bar Louie (ownership change), 2615 Medical Center Parkway, Suite 2395; Xiaos Hibachi & Sushi, 149 Wendlewood Drive, B5 (new location); and Ichiban Japanese Restaurant (ownership/name change), 1831 NW Broad Street. These applications are pending completion of building and codes inspections. Mr. LaLance made a motion to approve a Special Event Beer Permit for Murfreesboro Young Professionals and approve Beer Permits for Bar Louie, Xiaos Hibachi & Sushi and Ichiban Japanese Restaurant upon successful completion of all building and code requirements. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Mayor McFarland did not have any appointments to consider. The City Manager and City Recorder/Finance Director presented the following statements with the recommendation they be approved: From General Fund: State of Tennessee $ 64,700.00 From Airport Fund:  August 3, 2017 Page 6 Eastern Aviation Fuels, Inc. 38,951.74 Mr. Smotherman made a motion to approve payment of the statements 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 Manager presented the following letter of recommendations: (Insert letter dated August 2, 2017 here with regards to proposed acquisition of Highland Avenue property.) Mayor McFarland prefaced this recommendation by saying, the City is not actively going out and looking to get into the real estate business; however, a couple of weeks ago, he reached out to the representatives of the owner of this property and came to this agreement. In talking with staff about the Major Thoroughfare Plan, wetland mitigation, protecting water quality of Sinking Creek, and trail systems, the City is going to need to acquire wetlands based on some of the road projects that are coming up in the future. It was felt timing is everything, and this would be a unique opportunity for the City to purchase this property. The City Manager presented the recommendation and requested approval by Council. Vice-Mayor Scales Harris made a motion to accept the recommendation of the City Manager and approve the acquisition of 11.7 acres from the White Estate fronting on North Highland Avenue and East Clark Boulevard in the amount of $300,000.00, funded by $100,000.00 from Stormwater Fund and $200,000.00 from future bond proceeds. Mr. Wade seconded the motion and all members of the Council voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 8:02 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER