City Council

MURFREESBORO CITY COUNCIL AGENDA October 22, 2015 7:00 p.m. City Council Chambers PRAYER VICE-MAYOR DOUG YOUNG PLEDGE OF ALLEGIANCE CEREMONIAL ITEMS Consent Agenda 1. A. Consider recommendations of the Street Division Superintendent: Purchase of one (1) Caterpillar 305.5E2CR Compact Excavator. B. Consider recommendations of the City Attorney: a. Employee Handbook: Repeal Section 1021, Direct Deposit of Wages. b. Employee Handbook: Sections 1002-Vacation Leave, 1003-Sick Leave, 1008-Holidays, 1010-Types & Methods of Compensation, 1023-Call in to Duty, 1041-Employee Timekeeping, and 1043-Standby Obligation & Compensation, Effective Date changed from November 1 to December 10, 2015. C. Consider recommendations of the Parks & Recreation Commission: a. Sports*Com: “Roll With It” Program. b. Sports*Com: Dodgeball Tournament. c. Fees for “City of Murfreesboro New Year’s Day 5K”. Third Readings 2. Consider for passage on third and final reading ORDINANCE 15-O-45 amending the 2015- 2016 Budget (2nd amendment). 3. Consider for passage on third and final reading ORDINANCE 15-O-60 amending the Murfreesboro City Code, Chapter 32-Traffic, Section 32-1106, Pedestrians soliciting rides or business. Second Readings 4. Consider for passage on second reading ORDINANCE 15-O-49 amending Chapter 12-Fire Prevention, Section 12-30 regarding Prohibited Sales, Use and Possession of Fireworks. 5. Consider for passage on second reading ORDINANCE 15-OZ-50 to zone an area at 4536 Veterans Parkway as Highway Commercial (CH) District, simultaneous with annexation [2015-416]. 6. Consider for passage on second reading ORDINANCE 15-OZ-51 to zone an area at 4526 Veterans Parkway as Highway Commercial (CH) District, simultaneous with annexation [2015-415]. 7. Consider for passage on second reading ORDINANCE 15-OZ-52 to rezone an area along Veterans Parkway to Highway Commercial (CH) District [2015-415]. New Business 8. Approve Contract with Mr. Craig Tindall and appoint Mr. David Ives as City Attorney until Mr. Tindall is admitted to the Tennessee Bar. Beer Permits Board & Commission Appointments Payment of Statements Other Business from Staff or City Council Adjourn  . . . creating a better quality of life Consent Agenda October 22, 2015 Honorable Mayor McFarland and Members of City Council Subject: Purchase of one Caterpillar 305.5E2CR Compact Excavator As an item for the consent agenda, it is requested that City Council approve the purchase of the above-referenced Caterpillar 305.5E2CR Compact Excavator under the National Joint Powers Alliance (NJPA) Master Agreement with Thompson Machinery Commerce Corporation. Background Purpose The purchase of a Caterpillar 305.5E2CR Compact Excavator will better enable the City to perform routine maintenance of storm drain systems and repair/grade road side ditches. Excavators are used in many ways:  Digging of trenches and holes  Material handling  Brush cutting with hydraulic attachments  Demolition  General grading  Accessing restrictive work spaces Selection Process Pursuant to T.C.A. § 12-3-1205, where any local or private act, charter or general law requires that a local government unit purchase by competitive bidding, the local unit of government may, notwithstanding the local or private act, charter, or general law, purchase, the municipality may consider the price for an item or service under any contract or agreement pursuant to T.C.A. §12-3- 1205. Furthermore, Murfreesboro City Resolution 13-R-11 authorizes purchases without competitive bidding from the National Joint Powers Alliance (NJPA) Master Agreement. Engineering Department – Street Division 620 West Main Street * Murfreesboro, Tennessee 37130 Phone 615 893 4380 * Fax 615 904 6519 TDD 615 849 2689 www.murfreesborotn.gov The Caterpillar 305.5E2CR Compact Excavator is available for purchase pursuant to T.C.A. § 12-3- 1205 through the National Joint Powers Alliance (NJPA) Master Agreement, Contract Number No. 060311, from Thompson Machinery Commerce Corporation for $89,297.24. Fiscal Impact This is a budgeted item and will be paid from the 2015-2016 Storm Water fund. The Caterpillar 305.5E2CR Compact Excavator was budgeted in the amount of $119,900.00. The use of the pre-negotiated contract price results in a savings of $30,602.76. Recommendation Accordingly, I respectfully request approval to purchase one Caterpillar 305.5E2CR Compact Excavator from the National Joint Powers Alliance (NJPA) Master Agreement referenced above, which has been approved by Council for use. Attachments Quotation for Purchase of One Caterpillar 305.5E2CR Excavator for the Street Division of the Engineering Department. Sincerely, Raymond Hillis Street Division Superintendent The Caterpillar 305.5E2CR Compact Excavator is available for purchase pursuant to T.C.A. § 12-3- 1205 through the National Joint Powers Alliance (NJPA) Master Agreement, Contract Number No. 060311, from Thompson Machinery Commerce Corporation for $89,297.24. Fiscal Impact This is a budgeted item and will be paid from the 2015-2016 Storm Water fund. The Caterpillar 305.5E2CR Compact Excavator was budgeted in the amount of $119,900.00. The use of the pre-negotiated contract price results in a savings of $30,602.76. Recommendation Accordingly, I respectfully request approval to purchase one Caterpillar 305.5E2CR Compact Excavator from the National Joint Powers Alliance (NJPA) Master Agreement referenced above, which has been approved by Council for use. Attachments Quotation for Purchase of One Caterpillar 305.5E2CR Excavator for the Street Division of the Engineering Department. Sincerely, Raymond Hillis Street Division Superintendent  . . . creating a better quality of life October 16, 2015 CONSENT AGENDA HONORABLE MAYOR AND MEMBERS OF MURFREESBORO CITY COUNCIL RE: Employee Handbook Section 1021 As an item for the consent agenda, it is requested that City Council repeal Section 1021 of the Employee Handbook. Background Employee Handbook 1021, Direct Deposit of Wages, should be repealed as this subject is now covered in Section 1010 and the older policy is now inaccurate in addition to being duplicative. Fiscal Impact None. Concurrences The City Manager and Human Resources Director join me in this request. Recommendation By approving the Consent Agenda you will be approving repeal and deletion of Section 1021 of the Employee Handbook, effective immediately. Attachments 1. Employee Handbook Section 1021 2. Employee Handbook Section 1010 Sincerely, Susan Emery McGannon City Attorney Legal Department 111 W. Vine St. * PO Box 1044 * Murfreesboro, Tennessee 37133-1044 Phone 615 849 2616 * Fax 615 849 2662 * TDD 615 849 2689 www.murfreesborotn.gov provides that forms of compensation not specifically excluded by the Plan may be identified by the Employee Handbook as being compensation for pension purposes. These are identified in this policy in subsection (h). (f) Fair Labor Standards Act (“FLSA”) The federal Fair Labor Standards Act (“FLSA”) applies to the City. It requires that all City employees be paid at least the minimum hourly wage for all hours worked. It also requires that employees who are not exempt from a portion of the FLSA (“non-exempt”) be paid overtime for hours worked over 40 hours per work week or, if the employee is a firefighter, for hours worked over 212 per work period or, if the employee is a police officer, for hours worked over 128 per work period. The City may, as described in Section 1009, provide compensatory time off from work instead of overtime pay. (g) Annual Salary; Hourly Rate; Overtime Rate (1) The City establishes annual salaries and salary supplements for authorized job positions and uses these figures for budgeting. The City pays employees based on the employee’s hourly rate of pay. The employee’s hourly base rate of pay is calculated by taking the employee’s budgeted annual salary and dividing that amount by the number of budgeted annual hours for that position. (2) In calculating the rate of pay for overtime hours, certain forms of compensation in addition to the employee’s base hourly rate are considered. These are identified in this policy in subsection (h). (h) Types of Compensation (1) Listed below are the different types of payments made by the City to employees together with a description of whether it is considered as part of their compensation for pension or retirement purposes; whether it is included in the base hourly rate of pay; and, whether it is included in the rate of pay for overtime (“regular rate”). The Employee Handbook Section further describing the form of compensation, if any, is also referenced. (2) In addition to these types of payments, employees are also paid for time when they are not working but for which they are entitled to be paid at their hourly rate of pay. Such payments are made for paid vacation leave in accordance with Section 1002, paid sick leave in accordance with Section 1003, and for paid holidays, for employees who do not work and who are not scheduled to work on the holiday, in accordance with Section 1008. These paid employee benefits have the same status as “salary.” [11-01-15] 2 [1010]  Employee Pension or Included in Included in Handbook Retirement base hourly overtime hourly Type Section rate of pay rate of pay in addition to base Salary 5003 Yes Yes No Salary Supplement 5003 Yes No Yes Interim Pay 1035 No No Yes Longevity Pay 1011 No No Yes Overtime Pay 1009 No No No Paid Meal time for Police MPD General No No No Order 328 Standby Obligation 1043 No No Yes Call In to Duty 1023 No No Yes Holiday pay when required to 1008 No No No work City Holiday Christmas gift 1040 No No Yes STARS award 1038 No No No Payment for “excess” sick 1003 No No No leave Payment for vacation leave or 1009 No No No compensatory time upon termination or transfer Payment for compensatory 1009 No No No time upon termination of non- exempt status, or election to be paid [11-01-15] [11-01-15] 3 [1010]  . . . creating a better quality of life October 19, 2015 CONSENT AGENDA HONORABLE MAYOR AND MEMBERS OF MURFREESBORO CITY COUNCIL RE: Employee Handbook Sections: 1002 Vacation Leave 1003 Sick Leave 1008 Holidays 1010 Types and Methods of Compensation 1023 Call in to Duty 1041 Employee Timekeeping 1043 Standby Obligation and Compensation As an item for the Consent Agenda, it is requested that City Council change the effective date of numerous Employee Handbook policies from November 1 to December 10, 2015. Background Multiple Employee Handbook policies were rewritten because of the City’s new timekeeping software. It was expected to “go live” November 1, 2015 so that date was used. As that “go live” date has now changed to December 10, 2015, for the Water and Sewer Department and Fire & Rescue shift personnel; December 14th for Uniformed Police personnel; and, December 13, 2015 for other departments, the policies need to change to be consistent with the earliest of these dates even though actual implementation will vary to match the “go live” date. Fiscal Impact None. Concurrences The City Manager and Human Resources Director join me in this request. Recommendation By approving the Consent Agenda, you will be modifying the effective date of the Employee Handbook Sections scheduled to take effect on November 1, 2015 to December 10, 2015. Sincerely, Susan Emery McGannon, City Attorney Legal Department 111 W. Vine St. * PO Box 1044 * Murfreesboro, Tennessee 37133-1044 Phone 615 849 2616 * Fax 615 849 2662 * TDD 615 849 2689 www.murfreesborotn.gov . . . creating a better quality of life October 22, 2015 Honorable Mayor and Members of the City Council RE: I. “Roll With It” Program for Sports Com II. Dodgeball Tournament for Sports Com III. Fees for the “City of Murfreesboro New Year’s Day 5K” As items for the Consent Agenda, it is recommended that Council approve the “Roll With It” Program and Dodgeball Tournament for Sports Com and Fees for the “City of Murfreesboro New Year’s Day 5K.” Item I – “Roll With It” Background “Roll With It” is a new program proposed for after the holiday season which will cover the basics of self-massage techniques with small therapy massage balls. Participants will be able to learn trigger points and techniques to help loosen their tight muscles and improve blood flow. Preregistration will be required, and the class will be limited to 10 participants. Additional classes could be added as needed. The proposed “Roll With It” is scheduled for Saturday, January 23, 2016, from 10:30-11:30 a.m. at Sports Com. Fiscal Impact Staff proposes a $20 fee to cover class registration and the massage balls (which the participants will get to keep). Concurrences The Murfreesboro Parks and Recreation Commission approved the proposed “Roll With It” program and its $20 fee at its October 14, 2015, meeting. Recommendation I respectfully request Council’s approval of this new program and its associated fee. Item II – Dodgeball Tournament Background Murfreesboro Parks and Recreation (MPRD) has a good relationship with Dick’s Sporting Goods, and Dick’s would like to partner with MPRD for the inaugural Dick’s Sporting Goods Murfreesboro Parks and Recreation Department 697 Veterans Parkway * P.O. Box 748 * Murfreesboro, Tennessee 37133-0748 Phone 615 890 5333 * Fax 615 904 6507 * TDD 615 849 2689 * www.murfreesborotn.gov Consent Agenda Continued Page Two October 22, 2015 Dodgeball Tournament at Sports Com on December 5, 2015, at 4:00 p.m. Ryno Skin Dodgeballs will be used in the tournament to ensure safety for the participants. Teams will be made up of five players each, with 40 teams being the maximum allowed. Age divisions will be 12 and under and 13 and over. Fiscal Impact A fee of $20 per team is proposed. All players will receive discount certificates and be eligible for door prizes. Additionally, winners will be awarded gift certificates to Dick’s as follows: 1st place - $50 gift certificates per player; 2nd place - $25 gift certificates per player, and 3rd place - $10 gift certificates per player. Concurrences The Murfreesboro Parks and Recreation Commission unanimously approved the Dodgeball Tournament, to be sponsored by Dick’s and MPRD, with the $20 fee per team, at its October 14, 2015, meeting. Recommendation I respectfully request Council’s approval of the Dodgeball Tournament and fee as described. Item III - Fees for the “City of Murfreesboro New Year’s Day 5K” Background Throughout 2015, Mayor McFarland has led an initiative, through the Murfreesboro Parks and Recreation Department, called The Better ‘Boro Project. The goals of The Better ‘Boro Project have been to: 1. Encourage healthy eating 2. Provide unique and accessible wellness opportunities 3. Encourage outdoor recreation This initiative has hosted hundreds of Murfreesboro residents who have participated in activities such as Zumba in the park, wellness boot camps, night hikes, family campouts, and boat days. To celebrate the 2015 endeavors of The Better ‘Boro Project and to launch into another year of healthy activities and goals, Murfreesboro Parks and Recreation will host the inaugural “City of Murfreesboro New Year’s Day 5K” at 10:00 a.m. on Friday January 1, 2016, at Barfield Crescent Park. Fiscal Impact Staff proposes a $15 registration fee and a $10 optional fee for a long-sleeved t-shirt for participants. Registration will be available on-line and at Murfreesboro Parks and Recreation facilities. Concurrences MPRD staff and City Administration are in agreement to the “City of Murfreesboro New Year’s Day 5K” and proposed fees. Consent Agenda Continued Page Three October 22, 2015 Recommendations It is respectfully recommended by MPRD staff and City Administration that Council approve the “City of Murfreesboro New Year’s Day 5K” and associated fees. Respectfully Submitted, Lanny Goodwin, CPRP Director  ORDINANCE 15-O-45 amending the 2015-2016 Budget (2nd amendment). WHEREAS, the City Council adopted the 2015-2016 Budget by motion; and, WHEREAS, the City Council adopted an appropriations ordinance, Ordinance 15- O-35 on June 18, 2015 to implement the 2015-2016 Budget and a 1st amendment by Ordinance 15-O-44 on July 30, 2015; and, WHEREAS, it is now desirable and appropriate to adjust and modify the 2015- 2016 Budget by this Ordinance to incorporate expenditure decisions for the 2015-2016 fiscal year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The 2015-2016 Budget adopted by the City Council is hereby revised and amended as shown on Exhibit A, attached hereto. SECTION 2. That this Ordinance take effect immediately upon and after its passage upon third and final reading, as an emergency Ordinance, the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\45 - 15-o-45.doc 8/4/2015 10:20:47 AM #1 Exhibit A - Revised Page 1 10/1/2015 AMENDMENT ORIGINAL AMENDED INCREASE Department Account BUDGET BUDGET (DECREASE) GENERAL FUND GENERAL FUND REVENUES REVENUES COMMUNITY DEVELOPMENT EMERGENCY SHELTER GRANT 224,238 212,924 (11,314) COMMUNITY DEVELOPMENT CDBG GRANTS 942,367 1,092,880 150,513 BLOOMFIELD GOLF COURSE DESIGNATED DONATIONS - 4,000 4,000 BLOOMFIELD GOLF COURSE OTHER GRANTS - 20,000 20,000 POLICE STATE GRANTS - 74,000 74,000 237,199 EXPENDITURES EXPENDITURES POLICE O & M GUNS $ 6,000 $ 24,160 $ 18,160 O & M OFFICE EQUIPMENT 210,000 210,500 500 AMMUNITION 80,000 80,900 900 CLOTHING 275,109 298,717 23,608 COMPUTER SOFTWARE 85,000 93,200 8,200 FIXED ASSETS >$5,000 20,000 - (20,000) FIXED ASSETS <$5,000 42,143 60,143 18,000 OVERTIME SALARY 625,000 677,021 52,021 SOCIAL SECURITY 1,177,932 1,181,911 3,979 STATE FINES - PASS THRU 240,000 - (240,000) CITY COURT STATE FINES - PASS THRU - 240,000 240,000 FIRE O & M HOSE AND NOZZLES 5,500 72,500 67,000 FIXED ASSETS >$5,000 - 66,260 66,260 BLOOMFIELD GOLF COURSE CONTRACTUAL EXPENSES - 24,000 24,000 PARKS AND RECREATION FULL-TIME SALARY 3,133,899 3,146,260 12,361 SOCIAL SECURITY 419,402 420,348 946 RETIREMENT (401A) 39,721 40,339 618 COMMUNITY DEVELOPMENT ADMINISTRATION 149,681 147,473 (2,208) FAIR HOUSING 1,000 1,000 AFFORDABLE HOUSING 163,687 181,795 18,108 HOUSING REHABILITATION 308,265 331,878 23,613 PUBLIC FACILITIES - 110,000 110,000 EMERGENCY SHELTER GRANT 224,238 212,924 (11,314) PUBLIC SERVICE GRANTS 11,124 - (11,124) YOUTH PROGRAMS 12,000 8,650 (3,350) CHILD ABUSE PREVENTION 10,000 17,500 7,500 LITERACY 10,000 7,500 (2,500) ELDERLY PROGRAMS 11,000 17,655 6,655 CHILD CARE SERVICES 5,000 - (5,000) JOB TRAINING ASSISTANCE 22,000 26,500 4,500 HOMELESS PREVENTION 11,886 13,205 1,319 BATTERED/ABUSED SPOUSES 7,500 9,500 2,000 URBAN ENVIRONMENTAL EMPLOYEE FUEL 1,400 2,800 1,400 ENGINEERING/STREET OFFICE MACHINERY & EQUIPMENT - 2,500 2,500 LEGAL OFFICE MACHINERY & EQUIPMENT 4,700 5,120 420 COMPUTER EQUIPMENT 2,500 3,100 600 NON-DEPARTMENTAL UNFORESEEN CONTINGENCIES & EXP 500,000 495,080 (4,920) 415,752 CHANGE IN USE OF FUND BALANCE (CASH) CHANGE IN USE OF FUND BALANCE (CASH) $ (4,536,212) $ (4,714,765) $ (178,553) DRUG FUND DRUG FUND EXPENDITURES TRANSPORTATION EQUIPMENT - 446,484 446,484 GENERAL PURPOSE MACHINERY & EQUIP - 18,810 18,810 $ 465,294 CHANGE IN USE OF FUND BALANCE (CASH) CHANGE IN USE OF FUND BALANCE (CASH) - (465,294) $ (465,294)  ORDINANCE 15-O-60 amending the Murfreesboro City Code, Chapter 32—Traffic, Section 32-1106, Pedestrians soliciting rides or business. WHEREAS, holding or placing devices in a street, highway or traffic lane poses a threat to traffic safety as such devices may damage a vehicle or occupant thereof, or may fall to the ground and become road hazards; and, WHEREAS, persons are using devices to circumvent the City’s prohibition against standing in and on a street or highway for the purpose of soliciting an exchange of funds from occupants of a vehicle; and, WHEREAS, existing City ordinances do not clearly prohibit conduct of using such a device; and, WHEREAS, nothing in this amendment shall be construed as any new limitation on a person’s use of a public sidewalk, including but not limited to use for the purpose of speech soliciting employment, business, support or funds, or for the distribution of goods or materials; nor shall anything in this amendment by construed as a repeal of any existing prohibitions on the use of public sidewalks. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 32-1106, Pedestrians soliciting rides or business, of the Murfreesboro City Code is hereby amended by retitling the section as “Soliciting by Pedestrians” and, at subsection (B), by deleting the subsection in its entirety and substituting therefor: “No person shall enter or stand on a street or highway, or use a tool, devise or apparatus which enters on or above a street or highway, for the purpose of soliciting employment, business, support or funds from the driver or any occupant of any vehicle, or for the purpose of distributing goods or materials to the driver or any occupant of any vehicle, or for any other similar purpose.” SECTION 2. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\60 - 15-o-60.doc 9/29/2015 8:56:29 AM #1  ORDINANCE 15-O-49 amending the Murfreesboro City Code, Chapter 12—Fire Prevention, Section 12-30 regarding Prohibited Sales, Use and Possession of Fireworks. WHEREAS, the sale of large mortars (1½” inch diameter or more) packaged as part of a “cake” type of firework has posed a threat to public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Section 12-30, Prohibited Sales, Use and Possession of Fireworks, of the Murfreesboro City Code is hereby amended by deleting subsections (C), (D) and (E) and substituting in lieu thereof and adding a new subsection (F) as follows: “(C) Except as part of a public display of fireworks approved under Code §12-28, it shall be unlawful for any person within the City to sell, use or possess any mortar firework with a single tube, or any mortar firework with multiple tubes (commonly referred to as a “cake”), if any tube with an inside diameter of one and half inches (1½”) or more has been preloaded with a shell or shells. Measurement of any tube shall be from the inside edge of the tube to the inside edge of the opposite side of the tube. (D) Except as part of a public display of fireworks approved under Code §12-28, it shall be unlawful for any person within the City of Murfreesboro to sell, use or possess any reloadable firework. (E) If the firework reasonably appears to be a mortar firework in violation of subsection (C) or a reloadable firework in violation of subsection (D), and the seller is unable or unwilling to demonstrate (by removing packaging or otherwise) that the item is lawful for sale, it shall be presumed to be unlawful. (F) It shall be unlawful for any person within the City to use, possess, sell or offer for sale any bottle rocket.” SECTION 2. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\49 - 15-o-49 - substitute version clean.doc 8/27/2015 1:02:55 PM #1  ORDINANCE 15-OZ-50 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 2 acres at 4536 Veterans Parkway as Highway Commercial (CH) District, simultaneous with annexation. [2015-416] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to zone the territory indicated on the attached map. SECTION 2. That from and after the effective date hereof the area depicted on the attached map be zoned and approved as Highway Commercial (CH) District, simultaneous with annexation, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\50 - 15-oz-50.doc 9/29/2015 11:19:26 AM #1 Ê TESSA CT TAMARAC DR SABIN CT DR OSSABAW CLOISTE R DR 4536 Veterans Parkway K NS P Murfreesboro ERA VET City Limits Area WY Zoned CH Ordinance 15-OZ-50  ORDINANCE 15-OZ-51 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 1.4 acres at 4526 Veterans Parkway as Highway Commercial (CH) District, simultaneous with annexation. [2015-415] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to zone the territory indicated on the attached map. SECTION 2. That from and after the effective date hereof the area depicted on the attached map be zoned and approved as Highway Commercial (CH) District, simultaneous with annexation, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\51 - 15-oz-51.doc 9/29/2015 11:20:15 AM #1 Ê CLOISTE R DR OSSABAW D 4526 Veterans Parkway Murfreesboro City Limits KWY NS P ERA VET Area Zoned CH Ordinance 15-OZ-51  ORDINANCE 15-OZ-52 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 9.65 acres along Veterans Parkway from Residential Multi-Family Sixteen (RM-16) District to Highway Commercial (CH) District; Alex and Bettye Bryan and Wright Family Partnership, applicants [2015-415]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to rezone the territory indicated on the attached map. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be zoned and approved as Highway Commercial (CH) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\52 - 15-oz-52.doc 9/29/2015 11:31:29 AM #1  Ê DR TESSA CT TAMARAC R BAW S AB D PRD IN CT O S SA Area Rezoned CLOISTER DR from RM-16 to CH VET NS E RA RM-16 PKWY EE K C R CH L L RA O VE Ordinance 15-OZ-52 CF  . . . creating a better quality of life. Regular Agenda October 22, 2015 City Council: RE: Approval of Contract with Craig Tindall As an item for the agenda of October 22, 2015, I am recommending approval of the contract with Craig Tindall as City Attorney (Attached). Background As you know, Mr. Tindall is a licensed attorney in Arizona and has already begun the process to be licensed in Tennessee. This process is expected to take about 3 months. We worked with the City’s outside Counsel, Keith Frazier, during the contract negotiations and review of the City Charter. The City Charter at Section 65 requires that the City Attorney be an "attorney at law entitled to practice in the courts of the state". According to Mr. Frazier, Mr. Tindall will not be entitled to practice in the state court system when first hired. Nonetheless, while his application for admission is pending Mr. Tindall will be able to register with the Tennessee Supreme Court as an in house attorney and by doing so he will be able to fulfill all of the requirements of his job except appear in Court, give final approval of contracts and accept service of process on behalf of the City. Of course, once he has been admitted into the Tennessee Bar he will be able to fulfill those duties as well. Mr. Tindall’s temporary title will be Special Counsel and he will attend the City Council meetings, direct the legal affairs of the City, supervise the Legal Department staff, including Mr. Ives, but not represent the City in Court. The City is typically represented in Court by its Assistant City Attorneys and Risk Manager. While Ms. McGannon directs the City’s strategy on all cases, she rarely is the attorney presenting the City’s case in Court. Temporary Appointment of David Ives as City Attorney However, in order to comply the City Charter, Mr. David Ives will need to be appointed by City Council upon Ms. McGannon’s retirement so that the technical provision of the City Charter is met. As soon as Mr. Tindall is admitted by Tennessee, he will take the oath of office and assume the role of City Attorney. It is recommended that David Ives be temporarily appointed to the position of City Attorney. Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov Future City Charter Amendment Additionally, at an upcoming Council meeting, I will be recommending that the City approach its state legislative delegation to amend the City’s Charter concerning the City Attorney’s requirements. I believe the language should be amended to give the Council more flexibility and options to avoid this situation in the future. Contract The attached contract is based on both the International Municipal Attorneys Association (IMLA) and the existing contract with the City Manager. The severance and termination language mirrors the City Manager’s contract. The only exception is relative to the City’s retirement plan should Mr. Tindall be terminated without cause between his third and fifth year. If he is removed without cause, Mr. Tindall would be eligible to receive the City’s contribution to his retirement plan unlike other employees. These employees, however, are not terminated without cause. Mr. Tindall is not entitled to the City’s contribution if he is removed for cause. I recommend approval of the contract with Mr. Tindall and in a separate motion, appoint Mr. Ives as City Attorney. Sincerely, Shane McFarland Mayor