City Council

May 17, 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, May 17, 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, Interim City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Deputy City Attorney Gary Whitaker, Planning Director Marina Rush, Principal Planner Sam Huddleston, Assistant City Engineer Chad Gehrke, Airport Manager Pam Russell, Human Resources Director Chris Clausi, Assistant Human Resources Director 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 commented on his participation in judging 3rd graders at Overall Creek Elementary who played the role of engineers to design, give power point presentations and display 3-D models for rooftop gardens in Murfreesboro. The sixth-grade class turned two classrooms into Egyptian Pyramids and gave a presentation on mummification and other practices. Overall Creek Elementary School was one of only 15 schools (including all elementary, middle and high schools) across the State to receive the State STEM Designation. Mayor McFarland announced that the Police Memorial was celebrated today at the new Police Headquarters where officers who had fallen in the line of duty were recognized. Mr. Greg Tucker, Rutherford County Historian, gave historical facts on the period of 1818 through 1826 where Murfreesboro served as the State Capital. During that time, the Legislative Branch of the State Government (General Assembly) convened four times in Murfreesboro. At the same time, the governor and his successor maintained their offices and conducted the day-to-day business of the State from Nashville. The State Bank, State Prison, and State Judiciary (now considered the Supreme Court) were all based in Nashville during this period. In 1949, the Governor signed a resolution passed by the State Legislature stating that Murfreesboro was the State Capital from 1818 to 1826.  May 17, 2018 Page 2 The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Community Development Director: A. 2018-19 Fourth-Year Action Plan. B. Housing Rehabilitation: 1602 Fowler Street - Change Order No. 2. 2) Request from Oaklands Mansion to hang a banner across East Main Street from November 23-December 4, 2018 to promote the 35th Annual Candlelight Tour of Homes. (Insert letter from the Community Development Director here.) Mr. LaLance 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 meeting held on April 19, 2018; special meetings held on May 1, 2018 (SGR & Budget) and May 3, 2018 (Public Comment); and the regular meeting held on May 3, 2018. Mr. Wade seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-OZ-20 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 4.53 acres in the Planned Commercial Development (PCD) District located along New Salem Highway and Salem Creek Drive (Salem Creek Commons PCD) as indicated on the attached map; Development Management Group, LLC, applicant [2018-408],” which passed first reading on May 10, 2018, 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 18-OZ-20 here.) An ordinance, entitled “ORDINANCE 18-OZ-22 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 0.42 acres along North Maple Street (Maple Nook PRD) from Duplex Residential (RD) District to Planned Residential Development (PRD) District; Blue Sky Construction, applicant [2018-407],” which passed first reading on May 10, 2018, was read to the Council and offered for passage on second and final reading upon  May 17, 2018 Page 3 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: 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 18-OZ-22 here.) The following letter from the Principal Planner was presented to the Council: (Insert letter dated May 11, 2018 here with regards to ORDINANCE 18-OZ-08 to zone an area along Asbury Road to PUD.) Ms. Marina Rush addressed Council’s directive to modify items in the Planned Unit Development Book that would change the roof height of the barrel house buildings from 66’ to 56’ tall and modify the language so that the access off Asbury Road would not be available to the public once the distillery is open. She noted that the Fire Marshal has confirmed that all fire requirements have been completed and are in place at the site. The following letter of recommendations from the Assistant City Engineer was presented to the Council: (Insert letter dated May 17, 2018 here with regards to Road Development Agreement for MTI-11 Phase 1 to serve Sazerac; Proposal from SEC, Inc. for Engineering Services for MTI-11 Design; and Proposal from Griggs & Maloney, Inc. for Phase I TEER Services for State Industrial Access Grant.) The Assistant City Engineer corrected the City’s portion for Mid-Term Improvement 11 (MTI-11) to $1,332,000.00 instead of $1,772,000.00. The total cost of this project is $5,392,000.00 and right-of-way value is $544,000.00. Actual hard construction dollars are projected at $4,848,000.00. The Road Development Agreement establishes private contributions totaling $2,516,000.00. It is anticipated that this project and the Sazerac development would be complete by mid-2020. Mr. LaLance made a motion to accept the recommendation of the Assistant City Engineer to approve the Road Development Agreement for Mid-Term Improvement 11 (MTI- 11) Phase 1 to serve Sazerac, subject to any minor final edits by the City Attorney. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. Smotherman made a motion to accept the recommendation of the Assistant City Engineer to approve the proposal from SEC, Inc. in the amount of $266,750.00, funded from initial payments provided in the Road Development Agreement and, any additional funding to come from reserves with reimbursement from a future or current CIP Loan, for  May 17, 2018 Page 4 engineering services for Mid-Term Improvement 11 (MTI-11) and authorize the Mayor to execute said agreement on behalf of the City subject to final review and approval by the City Attorney. Mr. LaLance 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 from Griggs & Maloney in the amount of $18,100.00, funded from initial payments in the Road Development Agreement from adjacent property owners, and any additional funding to come from reserves with reimbursement from a future or current CIP Loan, for Phase I TEER Services and authorization of the City Manager to execute said proposal on behalf of the City, subject to final review and approval of the City Attorney. Mr. Wade seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-OZ-08 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 55 acres along Asbury Road as Planned Unit Development (PUD) District, simultaneous with annexation; Sazerac of Tennessee, applicant [2017-449],” which passed first reading on April 19, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. Smotherman. 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: Bill Shacklett Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-08 here.) The following renewals of Certificate of Compliance for Wine in Retail Stores was presented for approval: A. Jason Alford at Sam’s Club #6501, 125 John R Rice Boulevard. B. Bruce A. DiMarco, Jr. at Walmart #5148, 1153 Fortress Boulevard. C. Kenneth Wade Duncan at Walmart #416, 140 Joe B. Jackson Parkway. D. James T. Fox at Walmart #682, 2000 Old Fort Parkway. E. Rixceny Michelle Lovelace at Walmart #2757, 2012 Memorial Boulevard. The City Recorder/Finance Director indicated that the State requires renewal every two years, and these applicants have met the City’s requirements. Mr. LaLance made a motion to approve Certificates of Compliance for Jason Alford, Bruce A. DiMarco, Jr., Kenneth Wade Duncan, James T. Fox and Rixceny Michelle Lovelace. Mr. Wade seconded the motion and all members of the Council voted “Aye”.  May 17, 2018 Page 5 The following letter of recommendations from the Human Resources Director was presented to the Council: (Insert letter dated May 17, 2018 here with regards to revisions to Employee Handbook Sections 1033-Temporary Limited Duty; Section 1023-Call-In To Duty; and 1006-Health and Welfare Benefits.) The Human Resources Director reviewed the revisions and answered questions from the Council. Mr. Wade made a motion to accept the recommendation of the Human Resources Director to approve revisions to Employee Handbook Section 1033-Temporary Limited Duty; Section 1023-Call-In to Duty; and Section 1006-Health and Welfare Benefits. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to appoint Ms. Mary Beth Hagen to fulfill the term of Mr. Marion Bean on the Disciplinary Review Board with term ending 9/30/19 and appoint Officer Sam Smith as an employee representative on the Pension Committee for a one-year term ending 06/01/2019. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented a request to approve a Special Event Beer Application for the BEP Foundation, 3050 Medical Center Parkway, with fundraising event to be held on June 2, 2018 at MMC Parking Lot, 1272 Garrison Drive. Beer Applications were presented for Mi Patria Mexican Restaurant (ownership change), 230 Stones River Mall Boulevard and Genghis Grill (ownership/name change), 2615 Medical Center Parkway, both of which are pending completion of all required building and codes inspections. Vice-Mayor Scales Harris made a motion to approve a Special Event Beer Permit for BEP Foundation and approve Beer Permits for Mi Patria Mexican Restaurant and Genghis Grill upon successful completion of all building and codes inspections. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director indicated there were no statements to be considered for payment. Under other business, the Interim City Manager requested that the Council consider scheduling a special meeting on May 24, 2018 at 4:00 p.m. to begin review of the 2018- 2019 City of Murfreesboro Budget. The scheduled meeting on May 24, 2018 at 4:00 p.m. was previously advertised to continue discussions with SGR regarding the position of City Manager; however, at this point, the budget needs to take priority.  May 17, 2018 Page 6 Mr. Smotherman felt the timing with the City Manager’s position is becoming more critical as we begin budget review and the tremendous challenges that the City is currently facing. Mr. Smotherman made a motion to direct the Interim City Manager, Jim Crumley, to begin negotiations for a contract agreement with the current City Attorney, Craig Tindall, to serve as the City’s future City Manager. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. Crumley noted that Attorney Sandra Trail has agreed to assist with the contract. She has a great deal of expertise when it comes to retirement and those types of issues that might be of great service in this contract. He also felt that Mr. Tindall’s skills and abilities, both organizationally and administratively, would pull this organization together in a direction that Council would set. There being no further business, Mayor McFarland adjourned this meeting at 7:40 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER