Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING OCTOBER 15, 2013 Board present Staff present Vice-Mayor Ann Schneider City Manager Paul John Nutting Alderman James Hubbard Asst. City Manager Regina Holt Alderman Willie Mason City Recorder Jane Shugart Murphy Alderman Jerome Ellis City Attorney Jim Balthrop Alderman Bruce Head City Clerk Connie Watson Alderman Clay Sneed Board absent Mayor Billy Paul Carneal 1.1 Vice-Mayor Ann Schneider called to order the regular meeting of the Board of Mayor and Aldermen at 7:30 p.m. The meeting opened with the pledge of allegiance to the American flag. 1.2 Public Hearings: 1. Ordinance 13-13, an ordinance rescinding Ordinance 90-22 in its entirety and amending Title 18 of the Springfield Municipal Code entitled “Water and Wastewater” by rescinding Chapter 3 entitled “Sewage Disposal” in its entirety and substituting a new Chapter 3 entitled ”Sewage Disposal.” 2. Ordinance 13-17, an ordinance amending Title 8 of the Springfield Municipal Code entitled “Alcoholic Beverages” by amending Chapter 1 entitled “Intoxicating Liquors.” 3. Ordinance 13-18, an ordinance rezoning a 0.97-acre tract of property on Ruth Street owned by G.S. Moore and Son, from MPO, Medical Professional and Office District, to MRO, Multiple Residential and Office District. 1.3 Alderman Hubbard moved to approve the minutes from the regular meetings of the Board of Mayor and Aldermen held on September 17, 2013. The motion was seconded and passed unanimously. 2.0 Legislative 2.1 Alderman Hubbard moved for the approval of Ordinance 13-13 on second reading. An ordinance rescinding Ordinance 90-22 in its entirety and amending Title 18 of the Springfield Municipal Code entitled “Water and Wastewater” by rescinding Chapter 3 entitled “Sewage Disposal” in its entirety and substituting a new Chapter 3 entitled ”Sewage Disposal.” The motion was seconded. The City Manager informed the Board that they have been provided with a memo from Roger Lemaster, Director of Water Wastewater Department, in response to the request made by Alderman Ellis addressing requirements that are required of customers that are mandated by state or federal government. Roger Lemasters, Director of Water Wastewater Department, briefed the Board on the proposed sewer use ordinance. He stated that the current ordinance was adopted in 1996 for the purpose of regulating the use and the installation of the sewer system and to ensure that the city would not be out for cost associated with the construction of the sewer main extension. The City Manager stated the adoption of the ordinance in 1996 was intended to provide customers more options on how they can pay and also to extend projects. The motion passed by 6-0 roll call vote. 2.2 Alderman Mason moved for the approval of Ordinance 13-16 on third and final reading, an ordinance establishing a new fee for the rental of the Martin Luther King Jr. Park football field. The motion was seconded and passed by 6-0 roll call vote. 2.3 Alderman Hubbard moved for the approval of Ordinance 13-17 on second reading. An ordinance amending Title 8 of the Springfield Municipal Code entitled “Alcoholic Beverages” by amending Chapter 1 entitled “Intoxicating Liquors” by rescinding Section 8-119 entitled “Regulations for purchase and sale of intoxicating liquors” in its entirety and substituting a new Section 8-119. The City Manager addressed the Board of the two (2) changes the proposed ordinance will make in regard to the specific days alcoholic beverages may not be sold and the sale of chilled alcoholic beverages. He reminded the Board that the state does allow the sale of alcoholic beverages on election days and this proposed ordinance will change that in our current ordinance and the sale of chilled alcoholic beverages in Springfield. The motion passed by 5-1 roll call vote. Ayes: Hubbard, Sneed, Schneider, Mason, Head Nayes: Ellis 2.4 Alderman Hubbard moved for the approval of Ordinance 13-18 on second reading. An ordinance rezoning a 0.97-acre tract of property on Ruth Street owned by G. S. Moore and Son, from MPO, Medical Professional and Office District, to MRO, Multiple Residential and Office District. The motion was seconded. The City Manager advised that in the ordinance where it references construction of eight (8) condominium units, it is irrelevant and recommends an amendment to the proposed ordinance striking out those wording. He stated the site plan will control that. The maker and the seconder both agreed to omit the wording of “construction of eight (8) condominium units” from Ordinance 13-19. The motion passed by 6-0 roll call vote. 2.5 Alderman Hubbard moved for the approval of Ordinance 13-19 on first reading. An ordinance amending the Fiscal Year 2014 annual budget for the City of Springfield by amending certain General Fund and Utility Fund budgets. The motion was seconded. The City Manager informed the Board that the State Comptroller now requires that all amendments to the budget be done earlier in the fiscal year rather than wait until the end or when it expires. Mr. Nutting informed them of the two recommended amendments for the budget; the first will be for the $10,000.00 the Board had authorized at the last meeting for the YMCA after school program for the Springfield Middle School and the one for the E911 dispatch. The budget for the dispatch was done based on the formula that will be used next year. Mr. Nutting advised that due to the amendments mentioned, addition funds will be taken from the reserves The motion passed by 6-0 roll call vote. 2.6 Alderman Hubbard moved for the approval of Ordinance 13-20 on first reading. An ordinance rezoning 17.22 acres+/- of property on U.S. Highway 41 North from RI, Restricted Industrial to CS, Commercial Services. The motion was seconded. The City Manager informed the Board that the following three (3) ordinances pertain to rezoning of Highway 41 North to CS, Commercial Services, to achieve uniform zoning of the major thoroughfares along Memorial Blvd. and Highway 41 South, which is already zoned CS, Commercial Services. Mr. Nutting informed the Board that the rezoning has been written in three different ordinances for the exhibits and for clarity.  George James, Director of Planning, briefed the Board on the recommendation to rezone properties along Highway 41 North to CS, Commercial Services. He stated the Planning Commission has met on two different occasions and has done extensive study on the rezoning. The property owners were also included in the meetings for their input on the rezoning before bringing it before the Board. Mr. James stated that the purpose for the rezoning is to have uniform zoning for the major thoroughfares and also to attract new businesses for the area. The Springfield Planning Commission recommends the rezoning of this area by vote of 7-0. The motion passed by 6-0 roll call vote. 2.7 Alderman Hubbard moved for the approval of Ordinance 13-21 on first reading. An ordinance rezoning a 4.31 acre tract of property located at 2504 Memorial Boulevard and owned by the 1990 Company, LLC from CG, Commercial General and MRO, Multiple Residential and Office to CS, Commercial Services. The motion was seconded. George James, Director of Planning, informed the Board that the owner of the 4.31-acre tract of property has plans to build a strip mall and also condominiums at that location. He stated the Springfield Planning Commission recommends the rezoning of this property. The motion passed by 6-0 roll call vote. 2.8 Alderman Hubbard moved for the approval of Ordinance 13-22 on first reading. An ordinance rezoning selected properties located on the north and south sides of Memorial Boulevard between 5th Avenue and the right of way of CSX Railroad from CC, Core Commercial and CG, Commercial General to CS, Commercial Services. The motion was seconded. George James, Director of Planning, described in detail of the properties that will be involved in the rezoning, and informed the Board that this area is currently zoned CC, Core Commercial, which is for the downtown district, with no parking requirement and is being rezoned to CS, Commercial Services. Mr. James informed them that this ordinance excludes a strip mall that is owned by several different owners. The property owners of the strip mall are requesting that their property be excluded in the rezoning, due to fear that if some of the owners wish to sale their property in the future, it would be difficult with it being zoned CS, Commercial Services. The Springfield Planning Commission recommends the rezoning with the exclusion of the strip mall by 7-0 roll call vote. Alderman Hubbard expressed his appreciation for the thorough study and research that had been done by staff before it was brought before the Planning Commission and the Board.  The motion passed by 5-0-1 roll call vote. Ayes: Schneider, Mason, Hubbard, Ellis, Sneed Nayes: 0 Abstain: Head 2.9 Alderman Hubbard moved for discussion the proposed Animal Care and Control Policies and Procedures. The motion was seconded. The City Manager informed the Board that Chief Thompson has put together a thorough Animal Care and Control Policies and Procedures manual for their review. Mr. Nutting stated that if they are comfortable no motion for action is needed by the Board since it is not a resolution or an ordinance, they will need to vote to approve, disapprove, or amend the proposed policies and procedures. He stated the next two items on the agenda will need action taken since they are ordinances. The following proposed ordinances are consistent with the proposed policies and procedures and the fees that are associated with it. Mr. Nutting informed the Board that Chief Thompson is available to address and answer any questions they may have concerning the proposed animal care and control policies and the proposed fees associated with it. Chief Thompson addressed the Board on the proposed Animal Care and Control Policies and Procedures manual. He stated that currently there is virtually no manual with guideline addressing policies and procedures for animal control, it is done as “what was done in the past.” Chief Thompson stated that since animal control deals with the public on a daily basis as well as an emotional issue, along with dealing with drugs, money, and animal euthanasia, a policy and procedure needs to be in place to ensure not only consistency but also on how certain types of things should be handled. After some discussion, Alderman Ellis moved to defer from taking action until the Board meets again in November. The motion was seconded and passed by 5-0-1 roll call vote. Ayes: Head, Mason, Schneider, Ellis, Hubbard Nayes: 0 Abstain: Sneed Chief Thompson inquired if the motion to defer is in reference to only the Animal Control Care and Policies and Procedures or does it include the two proposed ordinances as well. Vice Mayor Schneider informed him that the deferral includes the two ordinances also. 2.10 No action was taken, item deferred. 2.11 No action was taken, item deferred. 2.12 Alderman Hubbard moved for the approval of Resolution 13-20, a resolution rescinding Resolution 13-17 in its entirety and authorizing the appropriation of funds in the Fiscal Year 2014 annual budget for the financial aid of nonprofit charitable and nonprofit civic organizations in accordance with Section 6-54-111, Tennessee Code Annotated. The City Manager informed the Board that the proposed resolution is same as Resolution 13-17 with the inclusion of the Robertson County Family YMCA funding. As mandated by the State, any addition for funding has to be done as a new resolution. The motion passed by 6-0 roll call vote. 2.13 Alderman Hubbard moved for the approval of Resolution 13-21, a resolution in support of Robertson County’s request to become a member of the Nashville Area Metropolitan Planning Organization. The motion was seconded. The City Manager informed the Board that City of Springfield, Portland, White House and Millersville are all part of the Nashville area Metropolitan Planning Organization (MPO), which helps to decide how highway federal and state funds are expended in counties that are members in the organization. He stated that although Springfield has been a member for number of years in the organization, we had very little opportunities to vote for projects benefitting us. Mr. Nutting stated that currently, Robertson County has been placed in the Greater Nashville/Middle Tennessee Rural Planning Organization, composed of counties which shares very little in common with us in regard to economic development or regional planning. He informed the Board that several years ago Robertson County Commission petitioned to become a full member in the Nashville Area MPO, which will allow and give Robertson County more opportunities to fully participate in the development and the authority to plan and select transportation projects for the county. Mr. Nutting stated that this resolution is in support of becoming a full member in the Nashville Area MPO and Mayor Carneal will represent the City on the Board of Directors of the organization and he will be the alternate and supports this resolution. Alderman Sneed asked what the fee would be to become a full member of the Nashville Area MPO. The City Manager stated that it would be approximately $3,400.00 annually and it is based on the population size. Alderman Ellis asked what the amount Robertson County will pay. The City Manager informed the Board that the fee is for the privilege of being a voting member. Each city with the population of at least 5000 will have to pay  the fee to become a voting member and the County will pay for the town that are unincorporated that is not represented by a city. The motion passed by 6-0 roll call vote. 3.0 Administrative 3.1 Alderman Hubbard moved to approve the TVA wholesale fuel cost adjustment of $0.01982 per kilowatt-hour, effective November 1, 2013. The motion was seconded and passed by 6-0 roll call vote. This adjustment represents an increase of .54% in the wholesale electric rates resulting in an increase of $0.50 to $0.90 on an average residential electric bill. 3.2 Alderman Hubbard moved for the approval of the October gas rates for the Springfield Gas Department. The motion was seconded and passed by 6-0 roll call vote. 3.3 Alderman Hubbard moved for the approval of a parade application submitted by Ms. Lauren Snapp, for the Village Green Home Owners Association, to hold a “Trunk or Treat,” on November 1, 2013 from 6:30 p.m. to 8:00 p.m. They are requesting that a portion of Golf Club Circle be blocked off (from 107 Golf Club Circle to 125 Golf Club Circle). The motion was seconded and passed by 6-0 roll call vote. 3.4 Alderman Hubbard moved for discussion in regard to financing the City’s contribution for the expansion of the library. The motion was seconded. The City Manager briefed the Board on the plans for the construction of the library expansion and anticipates starting the project in a month with enough funds raised. He stated that plans are to complete the two-story structure and not finish out the second floor and will operate out of the first floor while renovating the second floor. Mr. Nutting discussed the budget and the funds that will be borrowed along with various borrowing options available to fund the City’s portion for the project. No action was taken. 3.5 Alderman Sneed moved to create a new department entitled, Department of Utility Construction, to replace the City’s sewer pipes and perform repairs in house, instead of outsourcing the work to an engineering firm. He outlined the criteria for the new department as follows: 1. The term would be for one (1) year, renewal by the Board on an annual basis.  2. The department will report directly to the City Manager The City Manager will provide the Board with a weekly expense report and on the departments’ progress. 3. The department will be financed out of the sewer repair bonds that will be issued. 4. The current contracted engineering firm will continue with some of the work they have previously outlined in the workshop. 5. This department will parallel repairs on existing lateral lines and small projects. 6. The department will consist of three (3) personnel and one (1) management. If the personnel’s are moving laterally from another department, they will be allowed to go back to their former positions if the new department is dissolved. 7. Staff of this department will not attend staff meetings to solely concentrate on the line repairs and project they are doing. The City Manager discussed with the Board the urgency for sewer line replacements and repairs that have been mandated by the EPA and the continued maintenance of the lines. Each Board member was given an opportunity to express their opinion and address the concept for a new department. Alderman Ellis moved to defer from taking action on the creation of a new department entitled Department of Utility Construction. The motion was seconded and passed by 6-0 roll call vote. 3.6 Gina Holt, the Assistant City Manager, addressed the Board on the Woodard Hall building. Ms. Holt stated that before she spent approximately $128,000 on the building, she wanted to inform them that she had been contacted by someone who seemed very interested in purchasing the building and shared some of their plans for it. Ms. Holt stated that before more money is spent on the building for roof replacement, HVAC units, and carpet, etc., she wanted to inform them of the interest in the building and see if they would consider selling the building. Ms. Holt stated that the potential buyer seem to have great ideas for the building and in her opinion, would be an asset for the downtown. She informed the Board that 2001 was the last appraisal done on the building and the appraised value at that time was $335,000, currently, 2012 tax roll has it appraised at $374,800. Board members were given the opportunity to express their opinions on the future plans for the building. They asked the City Attorney for his legal opinion on determining the price for the building and the procedures that would need to be taken to sale it. James Balthrop, the City Attorney, advised the Board that laws for the sale of real estate is flexible, so in his opinion, the Board would have the authority to determine how they would like to proceed with it. The City Manager recommended that the Board will need to commit to the sale the Woodard Hall building if that is what they wish to do and be open to any reasonable offers from potential buyers. Alderman Hubbard moved to accept offers from any potential buyers. The motion was seconded. Alderman Sneed expressed his concern with the limited parking spaces that will be available for the building since it will conflict with city code restrictions. The City Manager advised that it is zoned CC, Core Commercial, which allows street parking. Alderman Ellis inquired as to who originally purchased the building and who will get the proceeds from the sale. The Assistant City Manager informed the Board that Springfield Gas Department originally purchased the building, but when the building was being renovated back in the mid 90’s, General Fund purchased the building from them in the amount of $450,000. The City Manager advised that once the building is sold, General Funds will have to pay the remaining balance owed on the building to the Springfield Gas Department and any money left from the payoff will belong to General Funds. Alderman Ellis recommends that a new appraisal be done on the building before it is sold. The maker of the motion agreed to amend his original motion to include staff getting another appraisal before selling the Woodard Hall building. Alderman Hubbard outlined his motion for the sale of the Woodard Hall building. All reasonable offers from potential buyers will be entertained, get new appraisal done on the building and have staff bring it back to the Board for the final approval. The seconder agreed with the amendment.  Alderman Head moved to amend the motion by agreeing to sale the building, and actively pursue any potential buyers before getting a new appraisal. The motion was seconded. The motion passed by 6-0 roll call vote. The original motion to accept offers from potential buyers and rescind getting a new appraisal for the Woodard Hall building passed by 4-2 roll call vote. Ayes: Hubbard, Head, Ellis, Mason Nayes: Schneider, Sneed 3.7 The City Manager briefed the Board on the bids that were submitted on the three (3) houses on Queen Ann Court that are owned by the City. He informed them separate bids were accepted for each of the houses, and only four (4) bidders submitted bids for the houses. Mr. Nutting stated that only one of the bids that were submitted came close to recognizing the value of these houses, and stated that his concern is if we sell the homes at very little to no cost, there is the possibility of depreciating the value of same houses to the deep discounted prices. Alderman Hubbard moved to accept the offer in the amount of $15,000 from Mr. Goodner for the house located at 2502 Queen Ann Court. The motion was seconded and passed by 6-0 roll call vote. Mr. Goodner addressed the Board to rescind his offer in the amount of $15,000 for the purchase of the house located on 2502 Queen Ann Court due to the street he is planning to move it to is not wide enough. The City Attorney advised that it would not be necessary for the Board to take action since the person making the offer rescinds his offer. Alderman Hubbard moved to put 2502 Queen Ann Court on the floor for discussion. The motion was seconded. The Board discussed the houses on Queen Ann Court. Alderman Sneed moved to accept the second bid that was submitted for the 2502 Queen Ann Court. The motion was seconded. Allen Ellis, Director of Public Works, informed the Board of the various fees that are associated with demolishing homes. Alderman Sneed moved to sale all three (3) houses to the second highest bidder, Mr. Parker, for $7001.00. The motion was seconded and passed by 5-1 roll call vote. Ayes: Schneider, Sneed, Head, Ellis, Mason Nayes: Hubbard Alderman Sneed moved to sale the house located at 2506 Queen Ann Court in the amount of $1001.00 to Mr. Parker. The motion was seconded failed by 3-3 tie vote. Ayes: Head, Schneider, Sneed Nayes: Mason, Hubbard, Ellis  Alderman Hubbard moved to sale 2508 Queen Ann Court to Mr. Parker in the amount of $5,000. The motion was seconded and passed 6-0 roll call vote. Alderman Head moved to accept bids for the house located at 2506 Queen Ann Court with a minimum bid amount set at $5,000. The motion was seconded. Alderman Hubbard moved to amend the motion that if no bids for the house located on 2506 Queen Ann Court with the minimum bid amount of $5,000 is submitted, the house is to be torn down. The motion was seconded and passed by 6-0 roll call vote. The motion to accept bids for the house located at 2506 Queen Ann Court with a minimum bid of $5,000 was brought back to the table and passed by 6-0 roll call vote. 3.8 Alderman Hubbard moved to allow developers special privileges to golf at the Legacy golf course to assist in the marketing and sales for development of the lots at the Legacy. The motion was seconded. The City Manager informed the Board that this agreement is the same as the agreement that was made with Tony and Denise Dorris, but the fifteen (15) year limit has lapsed. There are different developers now and requests were made if similar agreement would be made to assist in the sales and marketing of the Legacy. Mr. Nutting advised that this policy would be only for out of town developers, and further explained the policy. The motion was brought back and passed by 6-0 roll call vote. 4.0 Consent Alderman Hubbard moved for the approval of items 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, and 4.7 of the consent portion of the agenda. The motion was seconded and passed by 6-0 roll call vote. 4.1 Springfield Electric Department request for approval to award the bid for pole-mount transformers to Utilicorder (GE) in the amount as follows. Conventional Pole-Mount Distribution Transformers 1. 10 kVA, 120/240 Volt secondary Quantity: nine (9) at $522.00 each Total Amount: $4,698.00  2. 15kVA,120/240 Volt secondary Quantity: nine (9) at $578.00 each Total Amount: $5,202.00 3. 50 kVA, 120/240 Volt secondary Quantity: nine (9) at $948.00 each Total Amount: $11,376.00 4.2 Public Works Department request for approval to award the bid for the Memorial Blvd. Streetscape Enhancement grant project to GBR Construction & Landscaping, LLC in the amount of $92,455.00. 4.3 The Legacy request for approval to award the bid for a mechanical bunker rake to Smith Turf & Irrigation, in the amount of $17,662.91. 4.4 Springfield Water and Wastewater Department request for approval to award the bid for a utility truck to Ford of Murfreesboro, in the amount of $51,867.00. 4.5 Springfield Water and Wastewater Department request for approval to award the bid for a mini excavator and trailer to Ditch Witch of Tennessee, in the amount of $61,430.00. 4.6 Springfield Water and Wastewater Department request for approval to award the bid for a ground penetrating radar cart to Tracer Electronics, LLC, in the amount of $13,500.00. 4.7 Springfield Police Department request for approval to award the bid to replace the Police Station roof to Sparks Roofing, Springfield, Tennessee, in the amount of $14,143.43. 5.0 City Manager’s Report 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder