City Council

August 31, 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 31, 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 David Ives, Assistant City Attorney Sherry Carpenter, Interim Human Resource Director Matthew Blomeley, Assistant Planning Director Chris Griffith, City Engineer Karl Durr, Chief of Police Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Kirt Wade commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland asked that the flood victims from the aftermath of hurricane “Harvey” in Houston, Texas also be kept in everyone’s prayers. The Swift Water Team from the Murfreesboro Fire & Rescue Department partnered with the Rutherford County S.O.R.T Team (Special Operations Response Team) who arrived safely in Houston this morning to assist with helping those in need. The Interim Human Resources Director presented a STARS Award to Mr. Ralph King in the Solid Waste Department who received two nominations. The first nomination was from a resident on Empire Boulevard who observed Mr. King’s on-duty response to an overturned garbage container that had strewn garbage into the street due to high winds the night prior. The second nomination was from an elderly gentleman who had fallen in his front yard, and his wife was trying to pick him up with no success. Mr. King noticed the couple’s predicament and stopped long enough to give assistance and show concern for their well-being. Mr. King thanked the Mayor, Council and those who had a part in presenting this very special award to him. Vice-Mayor Scales Harris recalled Mr. King asking her dad to help him get a job, and her dad got him on at the Sanitation Department. Mr. King frequently stopped by to see him for advice and mentoring. She also shared that Mr. King personally got out of his truck and assisted a disabled person by taking his garbage cart out to the street and then returning it back to the house. He also has taken great pride  August 31, 2017 Page 2 in making sure his truck was washed after completing his route every day that it did not rain. He now has a new truck. Mr. Brian Hercules, Senior VP of Economic Development for the Rutherford County Chamber, gave a presentation on the TVA Valley Sustainable Communities Program which grades cities based on their sustainability. The Gold Status Award for TVA Valley Sustainable Communities Program is a three-year program which is now in its second year. He thanked Ms. Jennifer Moody, Assistant City Manager for the City of Murfreesboro, Mr. P. D. Mynatt, General Manager for Murfreesboro Electric Department, Mr. Joe Whitfield, MTSU, and Middle Tennessee Electric for their partnership in achieving a second Gold Level Status for Murfreesboro. He recognized Ms. Jessica Breaux, Senior Regional Consultant in Economic Development for TVA, and Ms. Katrina Shirley, Regional Consultant in Economic Development for TVA. Ms. Breaux discussed the process in depth and presented the second Gold Status Award to Mayor McFarland for the City of Murfreesboro. Mr. Greg Tucker, Rutherford County Historian, recalled in September 1941 the “fish fry” case around the square. A new law had gone into effect that summer which outlawed “seining”, that is, fishing with a net. The legislature took another step that put in place anyone using the results of seining would share the guilt with the seining party as well. That Labor Day weekend, Squire John Randolph had a big fish fry. Squire Edward Neely provided the fish which he had got from seining Stones River, and he was charged with the illegal act of seining. His wife cooked the fish and was charged with the illegal act of cooking the fish. Squire Sam Vaughn was charged with the illegal act of eating the fish. This all came to a head in the middle of September before Judge Coleman. As the trial commenced, the crowd filled the courtroom in the old court house to a point where there was not room to even stand. The humidity and heat were oppressive so they opened all the windows for circulation. The people standing outside crowded into the windows to hear the verdict. Mr. Clarence Cummings offered to defend the one who illegally ate the fish and used the Bible to express the Lord’s affinity for fisherman and how the early work of the Christians was done by fishermen. He turned to the story of fishes and loaves and said it was the intent of the good Lord that man should enjoy the fruits of the sea and the waters that run into the sea. The crowd expressed support with their “Amens” and “we are with you brother”. In closing he said “this trial is not a prosecution. This is a religious persecution in violation of not only our Constitution but the Holy Scripture”. At this point, Judge Coleman knew it was over and rapped the gavel to get the crowds attention and thereby dismissed the “eater”, the “cooker” and fined the illegal “seiner” $1.00 and sent them all home. Lessons to be learned are 1) Don’t argue with the cook; 2) It will not be easy beating a biblical argument;  August 31, 2017 Page 3 and 3) Don’t overreach as there may be some reason or rationale for game and fishing regulations and you would more than likely get your hands slapped with the Bible. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Planning Commission: Mandatory Referral for ATMOS Energy gas line easement for utility relocation for West Lytle Street reconstruction on Rutherford County Health Department [2017-708] located along West Burton Street; City of Murfreesboro Engineering Department, applicant. 2) Letter of recommendations from the Community Development Director: Memorandum of Understand (MOU) with Middle Tennessee State University (MTSU) and Homeless Alliance of Rutherford County (HARC) for Housing and Social Services Campus. 3) Letter of recommendations from the Water Resources Board: A. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. B. Sole Source Purchase for Van Equipped with CCTV Camera & CAMS Software. C. Replacement of Turbidimeters and Distribution Monitoring Panels. D. FY 2017-18 Vehicle Purchases for Stones River Water Treatment Plant. E. Update/Replace Leica GPS Reference Station & Rover Units. F. AMI Project Change Order No. 5. G. Channel Lining (Trough) Project for Engineering Work Order #16-41-016.0 for Stones River Water Treatment Plant. H. Asphalt Purchases Report. 4) Letter of recommendations from the City Recorder/Finance Director: Grant from State of Tennessee for Technology Center. 5) Request from Read to Succeed to hang a banner across East Main Street: February 2-12, 2018 (Event: “Unplug & Read”). (Insert letters from the Planning Commission, Community Development Director, Water Resources Board and City Recorder/Finance Director here.) Mayor McFarland noted that Item 3(G) from the Water Resources Board for Channel Lining (Trough) Project for Engineering Work Order #16-41-016.0 for Stones River Water Treatment Plant is subject to final approval of the contract by the City Attorney. Mr. Smotherman made a motion to approve the Consent Agenda with the inclusion that Item 3(G) is subject to contract approval by the City Attorney. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. Wade made a motion to approve the minutes as written and presented for the regular meeting of August 3, 2017; the special meeting held on August 17, 2017 (CIP); and the regular meeting held on August 17, 2017. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 17-O-36 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, and repealing and replacing Ordinance 17-O-14,” which passed first reading on August 17, 2017, was read to the Council and offered for passage on second and final reading.  August 31, 2017 Page 4 The Assistant City Attorney presented a revised Chart 1 and Table 2 which has been updated by another ordinance amendment. Mr. LaLance made a motion to amend Chart 1 and Table 2. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. Shacklett made a motion to pass ORDINANCE 17-O-36, as amended, on second and final reading. Mr. Wade seconded the motion. 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-O-36 here.) An ordinance, entitled “ORDINANCE 17-OZ-37 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 27.34 acres in the Planned Unit Development (PUD) District located along Lascassas Pike (Emerald Place PUD), as indicated on the attached map; Investment Partners, LLC, applicant [2017-418],” which passed first reading on August 17, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. 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-37 here.) An ordinance, entitled “ORDINANCE 17-OZ-38 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 46.2 acres in the Planned Residential Development (PRD) District located along Sulphur Springs Road (Estates at Primm Springs PRD/formerly Oakleigh Springs PRD), as indicated on the attached map; City of Murfreesboro Engineering Department, applicant [2017-420],” which  August 31, 2017 Page 5 passed first reading on August 17, 2017, was read to the Council and offered for passage on second and final reading. The Assistant City Attorney presented an amendment that would change the effective date from “fifteen days” to “immediately upon passage on second and final reading”. Mr. Smotherman made a motion to amend the effective date of said ordinance to “take effect immediately upon passage on second and final reading”. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Vice-Mayor Scales Harris made a motion to pass ORDINANCE 17-OZ-38, as amended, on second and final reading. Mr. LaLance seconded the motion. 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-38 here.) An ordinance, entitled “ORDINANCE 17-O-39 amending Murfreesboro City Code, Appendix A-Zoning, Section 2, Interpretations and Definitions, Section 7, Site Plan Review, and Section 26, Off-Street Parking, Queuing, and Loading, pertaining to pavement materials and site plan review; Murfreesboro Planning Department, applicant [2017-808],” which passed first reading on August 17, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Vice-Mayor Scales Harris, 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-O-39 here.) Mayor McFarland presented for approval a Certificate of Compliance for Retail Liquor Store for Mr. Kishan Patel and Mr. Harish Patel at The Wine Cellar, 2206 Memorial  August 31, 2017 Page 6 Boulevard. The City Recorder/Finance Director said this is a State requirement every two years, and the applicant has met the City’s requirements. Mr. LaLance made a motion to approve a Certificate of Compliance for Kishan Patel and Harish Patel at The Wine Cellar, 2206 Memorial Boulevard. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated August 17, 2017 here with regards to scheduling public hearings to consider annexation plan of services, annexation petition and zoning (PRD) simultaneous with annexation (Magnolia Grove PRD) for 107.6 acres along Yeargan Road.) The following RESOLUTION 17-R-PH-46 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-PH-46 here to schedule a public hearing for October 12, 2017 to consider an annexation plan of services and annexation petition [2017-509] for approximately 107.6 acres located along Yeargan Road; Mary Lou Dodson, applicant.) The following RESOLUTION 17-R-PH-46 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-PH-46 here to schedule a public hearing for October 12, 2017 to consider zoning [2017-419] for approximately 107.6 acres located along Yeargan Road to be zoned Planned Residential Development (PRD) District, simultaneous with annexation, (Magnolia Grove PRD); TVLP Management, LLC, applicant.) The following letter of recommendations from the City Engineer was presented to the Council: (Insert letter dated August 31, 2017 here with regards to appraisal services for Jones Blvd improvements and Geotechnical Exploration Services for Cherry Lane-Phase 2.) Mr. Smotherman made a motion to accept the recommendation of the City Engineer and approve a contract with R. Rhett Turner in the amount of $42,350 for appraisal services  August 31, 2017 Page 7 for Jones Boulevard improvements from Ridgely Road proceeding north to the intersection of West Northfield Boulevard. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the City Engineer and approve a contract in an amount “not-to-exceed” $36,000 for Geotechnical Exploration Services for Cherry Lane-Phase 2, subject to review and approval by the City Attorney. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Chief of Police was presented to the Council: (Insert letter dated August 28, 2017 here with regards to expenditure of funds for purchase of furniture and DIRRT package for the new Police Headquarters at 1004 North Highland Avenue.) The Chief of Police addressed questions from Council regarding final cost and amount allotted for the Police headquarters. Vice-Mayor Scales Harris made a motion to accept the recommendation of the Chief of Police to approve the purchase of office furniture from Synergy Business Environments for a total cost of $1,411,701.79 to be funded from the Capital Improvement Plan (CIP). Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. Smotherman made a motion to accept the recommendation of the Chief of Police to approve the purchase of DIRRT Prefabricated Interior Construction Solutions by Synergy Business Environments for a total cost of $63,028.27, funded from Capital Improvement Plan (CIP). 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 Middle Tennessee State University Foundation/College of Liberal Arts, 1301 East Main Street, for a reception to be held at 3050 Medical Center Parkway on October 9, 2017 and a special fundraiser event for the Oaklands Association, Inc. to be held at Oaklands Mansion, 900 & 901 North Maney Avenue, on September 23, 2017. These special event applications are complete. Beer Applications for Fred’s Store #2315, 1664 Middle Tennessee Boulevard (new location) and The Green Dragon Pub & Brewery, 714 West Main Street, Suite F (new location for manufacturing) were presented for approval pending completion of all building and codes inspections. Vice-Mayor Scales Harris made a motion to approve Special Event Beer Permits for Middle Tennessee State University Foundation/College of Liberal Arts and Oaklands Association and approve Beer Permits for Fred’s Store #2315 and The Green Dragon Pub & Brewery upon successful completion of all building and codes inspections. Mr. Wade seconded the motion and all members of the Council voted “Aye”.  August 31, 2017 Page 8 Mayor McFarland indicated that there were no appointments to be made. The following statements were presented to the Council with the recommendation of the City Manager and City Recorder/Finance Director their payment be approved: From General Fund: Rutherford County Circuit Court Clerk $ 314,190.40 From TMBF/Bond Fund: Rutherford County Circuit Court Clerk 209,459.60 Rutherford County Circuit Court Clerk 47,000.00 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, Mr. Crumley, Assistant City Manager, presented the following letter of recommendations: (Insert letter dated August 31, 2017 here with regards to Contingency Allowance Allocations for Energy Retrofit Contract with Energy Systems Group.) Mr. LaLance addressed the cost to-date for the existing contract and did not think $40,000.00 should be spent to look at the existing set of plans. Mr. Crumley did not have that information available but would provide it as soon as possible to the Council. Vice-Mayor Scales Harris made a motion to defer approving this recommendation until all information is made available to the Council. Mayor McFarland noted that Patterson Park Pool is fifteen years old, and the cost of capital expenditures to maintain these facilities is not cheap. Mr. LaLance presented the Council with an option to approve $20,000.00 to evaluate the existing solution and, if the outcome of that evaluation is to redesign the plan, then have staff come back to Council with a recommendation. Ms. Scales Harris withdrew her motion. Mr. LaLance made a motion to approve $20,000.00 to evaluate the existing solution. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. Mayor McFarland addressed the City Manager’s Performance Evaluation that was held at an earlier meeting. He requested consideration of the City Manager’s salary. After some discussion, Council felt the City Manager should receive the same percentage as the employees received for 2017-2018. Mr. Smotherman made a motion to increase the City Manager’s salary, not to exceed 3%, by the same percentage given to City employees for 2017-2018, and to be retroactive to July 1, 2017. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”.  August 31, 2017 Page 9 Mayor McFarland announced that MTSU plays Vandy this weekend. The City Manager extended birthday wishes to Vice-Mayor Scales Harris. There being no further business, Mayor McFarland adjourned this meeting at 7:56 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER