City Council

January 11, 2018 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, January 11, 2018, 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: James Crumley, Acting City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Pam Russell, Human Resources Director Sam Huddleston, Assistant City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Mayor Shane McFarland commenced the meeting with a prayer followed by the Pledge of Allegiance. An announcement was made regarding school closings due to expected ice and snow accumulations and the Street Department’s response to making streets safe. Mayor McFarland recognized Ms. Linda Gilbert, Murfreesboro City Schools Director, who presented the Murfreesboro City Schools Exemplary School District Banner. The Murfreesboro City Schools was named Exemplary School District for exceeded growth expectations for all students and all subgroups in math and reading and increased percentile ranking statewide in math and reading. The Murfreesboro City Schools are one of 48 districts in the State that were recognized as Exemplary Districts. The Discovery and Scales Schools were named Reward Schools for Achievement. They were 2 of 59 schools statewide who received this honor and ranked in the top 5% in the State. Murfreesboro City Schools were named 5th statewide in Tennessee Districts Supporting Teachers. Ms. Gilbert thanked the Council for supporting the children and Murfreesboro City Schools. School Board Members and City School Principals were present. Mayor McFarland recognized members of Leadership Rutherford. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Assistant Planning Director: A. Mandatory Referral along West College Street. B. Mandatory Referral along Southpointe Way. C. Mandatory Referral along New Salem Highway. 2) Letter of recommendations from the Community Development Grant Coordinator: Use of Funds through the Affordable Housing Assistance Program for 257 Shoshone Place and 2031 Ransom Drive.  January 11, 2018 Page 2 3) Letter of recommendations from the Parks & Recreation Director: Playground Resurfacing through US Communities Cooperative Purchasing Program. 4) Letter of recommendations from the Solid Waste Director: Award of Contract to Nature’s Best Organics of Tennessee for purchase of mulch from Solid Waste Department. 5) Letter of recommendations from the Transportation Director: Annual Pavement Marking Contract. 6) Letter of recommendations from the Fire & Rescue Chief: Approval to donate fire apparatus to City of Eagleville. 7) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of City Manager’s approved Budget Amendments for Fiscal Year 2018. (Insert letters from the Assistant Planning Director, Community Development Grant Coordinator, Parks & Recreation Director, Solid Waste Director, Transportation Director, Fire & Rescue Chief and City Recorder/Finance Director 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 voted “Aye”. Mr. LaLance made a motion to approve the minutes as written and presented for the regular meetings held on November 2, 2017 and November 9, 2017 and the special meeting held on December 18, 2017. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The Interim City Manager withdrew ORDINANCE 17-OZ-59 with a motion made by Mr. LaLance, seconded by Mr. Shacklett and all members voting “Aye” to defer. Later in the meeting, the Interim City Manager retracted the deferral on said ordinance which was confused with another zoning ordinance that was withdrawn prior to the meeting. An ordinance, entitled “ORDINANCE 17-O-60 amending the Murfreesboro City Code, Chapter 4, Alcoholic Beverages, including liquor, wine, and beer,” which passed first reading on December 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 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-60 here.) Mayor McFarland presented for approval a renewal of Certificate of Compliance for Retail Liquor Store for Chiragkumar M. Patel and Vishal N. Patel at Georgetown Wine & Spirits, 1720 W. Northfield Boulevard.  January 11, 2018 Page 3 The City Recorder/Finance Director indicated the application was in order, and they were meeting their two-year State requirement. Mr. Wade made a motion to approve renewal of Certificate of Compliance for Chiragkumar M. Patel and Vishal N. Patel at Georgetown Wine & Spirits. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland presented for approval a renewal of Certificate of Compliance for Retail Liquor Store for Joye Apanowicz, Jeff Apanowicz and Grant Apanowicz at Shifty’s Liquor & Beer, 225 North Rutherford Boulevard, Suite H. The City Recorder/Finance Director indicated the application was in order, and they were meeting their two-year State requirement. Mr. LaLance made a motion to approve the renewal of Certificate of Compliance for Joye Apanowicz, Jeff Apanowicz and Grant Apanowicz at Shifty’s Liquor & Beer. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 17-OZ-59 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 18.2 acres along Manson Pike and Florence Road as Planned Residential Development (PRD) District (Blackman Village PRD), simultaneous with annexation; Ole South Properties, applicant [2017-435],” which passed first reading on December 18, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Smotherman, 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-59 here.) The following letter of recommendations from the Human Resources Director was presented to the Council: (Insert letter dated January 11, 2018 here with regards to Employee Handbook Section 5001–Recruitment, Selection and Hiring Procedures.) The Human Resources Director outlined the two specific revisions: 1) Changing from paper applications to on-line applications; and 2) Flexibility of department heads to extend new hires probationary period if they are out on leave for any period during that time or for police and dispatch trainees twelve months after their training period.  January 11, 2018 Page 4 Mr. LaLance made a motion to accept the recommendation of the Human Resources Director to approve revisions to Employee Handbook Section 5001. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Interim City Manager was presented to the Council: (Insert letter dated January 11, 2018 here with regards to City Manager Selection Process.) Mr. LaLance made a motion to accept the recommendation of the Interim City Manager to approve Strategic Government Resources (SGR) for an all-inclusive fee of $28,000 to perform the selection process of a City Manager in an approximate time frame of four (4) months. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Interim City Manager was presented to the Council: (Insert letter dated January 11, 2018 here with regards to sale of property along Medical Center Parkway to Swanson Development.) Mr. LaLance questioned if the 35% restriction on residential usage of buildings that front Medical Center Parkway still applied and would it carry on into the design phase. The Interim City Manager indicated that Mr. David Ives, Assistant City Attorney, has a draft agreement of the sales contract ready for this project, and the 35% restriction would be in that sales contract. Mr. LaLance stated, for the record, that this is the last piece of Gateway property that he wants to sell for anything other than jobs. Mr. LaLance made a motion to accept the recommendation of the Interim City Manager to approve the sale of approximately 6.33 acres of property to Swanson Development; grant an 18-month Option to Swanson Development to purchase up to an additional 3.31 acres of property; and purchase 1.7 acres from Swanson Development, all in the same area of the Gateway District; final acreages subject to boundary survey; price per square foot varies from $12 per square foot to $0.23 cents per square foot; and net proceeds from sale to the City anticipated to be approximately $1,617,500 plus approximately $1,200,000 if options are exercised. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The Interim City Manager addressed the CIP work session just held prior to this meeting and recommended adoption of the 2017-2018 CIP, excluding the $5.25 Million for Government Fiber Communications Network, as well as the Hot Spot Program which is for significant City road improvements in 2018 in the amount of $1.65 Million. Council directed staff to look at reducing the 5-year Capital Improvement Plan which is currently $80.1  January 11, 2018 Page 5 Million to $70 Million. There was also discussion regarding the metal facility being proposed for the Doug Young Training project, the escalated cost, and Council’s dissatisfaction with the Construction Manager at Risk (CMAR). The Interim City Manager said he would bring back a recommendation in two weeks after meeting with department heads to look at prioritizing projects in the CIP. He will also look at different options to stay on course or make adjustments to the Doug Young Training project as well as see what direction makes the most sense regarding the CMAR in order to move the project forward. Mr. Shacklett made a motion to fund The Hot Spot Road Program from Fund Balance in the amount of $1.65 Million. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following RESOLUTION 18-R-01 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: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-01 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the new police headquarters, and Lytle Street Phase 2 project, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) Upon recommendation of Mayor McFarland, Vice-Mayor Scales Harris made a motion to appoint Mr. Jim Crumley to fill the vacancy of Mr. Rob Lyons on the Pension Committee (Term Ending 06/01/2020). Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to reappoint Mr. Dee Jernigan, Jr., Mr. Chris Massaro and Mr. Newton Molloy for another three-year term on the Tennis Committee (Term Ending 11/01/2020); and reappoint Mr. Boyd Evans and Ms. Kathy Nobles for another three-year term on the Gateway Commission (Term Ending 10/01/2020). Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented a Special Event Beer Application from Rutherford County Chamber of Commerce for the following events: Nissan of Murfreesboro, 814 Memorial Boulevard (01/16/18); Vintage at the Avenue, 1349 Greshampark Drive (03/13/18); S. Walnut Street, Between West Main & Vine Street (04/10/18); Ferguson  January 11, 2018 Page 6 Showroom, 540 New Salem Highway (05/08/18); The Crossing at Victory Station, 211 Fortress Boulevard (06/12/18); Hamilton Glass Company, 501 W. Lytle Street (07/10/18); and Kious & Rodgers PLLC, 503 N. Maple Street (10/09/18). All requirements have been met. A Beer Application was presented for Seoul Pepper, 3138 S. Church Street, Suite C (new location) and A & M Market, 2415 Halls Hill Pike, Suite A (ownership/name change). These applications are pending completion of all building and codes requirements. Vice-Mayor Scales Harris made a motion to approve the Special Event Beer Applications for Rutherford County Chamber of Commerce events and approve Beer Permits for Seoul Pepper and A & M Market upon successful completion of all building and codes inspections. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director indicated there were no statements to be paid. Under other business, Mayor McFarland directed the Interim City Manager to bring back a recommendation to schedule dates to review budgets with department heads. The Human Resources Director addressed the interim pay schedule and promotion policy for the interim position of City Manager. The interim pay consists of 5% for the first grade and 2½% for every grade thereafter. There are four (4) grades between the Assistant City Manager and City Manager which would total a 12½% increase for Mr. Crumley. This would be consistent with any interim pay for other employees. Mr. LaLance made a motion to approve a 12½% raise for the Interim City Manager. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Assistant City Engineer was presented to the Council: (Insert letter dated January 11, 2018 here with regards to Fire Station No. 4 Construction Phase Services Proposals: 1) Huddleston Steele Engineering Surveying Proposal for Waste Fill Removal; and 2) TTL Testing Services.) Mr. LaLance made a motion to accept the recommendation of the Assistant City Engineer and approve a proposal from Huddleston Steele Engineering, Inc. in the amount of $15,000.00 for waste fill removal for Fire Station No. 4 and authorize the City Manager to execute said proposal on behalf of the City. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the Assistant City Engineer to approve the proposal of TTL in the amount of $48,900.00 for construction phase material testing on Fire Station No. 4 and authorize the City Manager to execute the proposal on behalf of the City upon review of the City Attorney. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”.  January 11, 2018 Page 7 Mayor McFarland announced that the Murfreesboro Parks and Recreation Association won 27 awards at the most recent Tennessee Recreation Parks Association (TRPA). Murfreesboro has won this award for the Best Parks and Recreation System in the State for 100,000+ population since 2008. He congratulated the Parks and Recreation staff and the numerous volunteers who work at the many recreational events provided by the City. The Interim City Manager announced that Ms. Jennifer Moody, Assistant City Manager, would be the first point of contact for daily service issues such as potholes, etc. There being no further business, Mayor McFarland adjourned this meeting at 7:44 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER