City Council

August 8, 2019 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 8, 2019, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Mr. Wade was absent and excused from this session. The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney Melissa Wright, City Recorder/ Finance Director David Ives, Deputy City Attorney Darren Gore, Assistant City Manager/ Utility Enterprise Gary Whitaker, Assistant City Manager/ Development and Coordination Chris Griffith, Executive Director Public Works/ City Engineer Michael Bowen, Chief of Police Donald Anthony, Planning Director Pam Russell, Human Resources Director Robert Holtz, Building and Codes Director Matthew Blomeley, Assistant Planning Director Patty Pope, Assistant Community Development Director Joshua Miller, Administrative Assistant Mr. LaLance commenced the meeting with a prayer and led those present with the Pledge of Allegiance. Ms. Pam Russell, Human Resources Director, recognized STARS Award recipient Tim Rowlett of the Fire and Rescue Department who was nominated for his willingness to assist when off duty helping the County Fire Department at Brown’s Chapel Road by using his personal equipment to provide help during an emergency. Mayor McFarland presented Mr. Rowlett with a plaque recognizing that he represents the best of what Murfreesboro City Employees have to offer, exhibiting core values and creating a better quality of life for citizens. The Consent Agenda was presented to the Council for approval: 1. Annual Tennessee Airport Maintenance – Painting of T-Hangers (Airport) 2. City Paving Contract Renewal with Blue Water Industries (Engineering) 3. City Specialty Paving Contract Renewal with Hawkins Asphalt Paving LLC (Engineering) 4. FY 2020 City Manager Approved Budget Amendments (Finance) 5. Purchase of Four Mowers (Parks & Recreation) 6. Purchase of Uniforms, Clothing and Equipment Items (Fire Rescue/Police)  August 8, 2019 Page 2 7. Approval to Purchase Personal Protective Equipment (Fire Rescue) 8. School Patrol Service Contracts for Private Schools (Police) 9. Annual Firing Range Membership Contract Extension (Police) 10. Classification and Compensation Policy (Human Resources) 11. Asphalt Purchases Report (Water Resources) 12. Precast Manhole Contract Extension (Water Resources) 13. Ransom Dr. Pump Station – Final Change Order (Water Resources) 14. State Chemical - Sole Source Purchase (Water Resources) 15. Worker to Equipment Operator Position Upgrade (Water Resources) (Insert letters from Airport, Engineering (2), Finance, Parks & Recreation, Fire Rescue (2), Police (2), Human Resources, and Water Resources (5) Departments here.) Mr. LaLance made a motion to approve the Consent Agenda. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 8, 2019 here regarding zoning for approximately 3.1 acres along Shelbyville Pike.) An ordinance, entitled “ORDINANCE 19-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 zone approximately 3.1 acres along Shelbyville Pike as Commercial Highway (CH) District simultaneous with annexation; Five Star Joint Venture, applicant [2019-411],” was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, seconded by Mr. Martin. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 19-OZ-20 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 8, 2019 here regarding rezoning approximately 20.06 acres located along New Salem Highway and Middle Tennessee Boulevard.) An ordinance, entitled “ORDINANCE 19-OZ-21 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  August 8, 2019 Page 3 in force and effect, to rezone approximately 20.06 acres located east of New Salem Highway and south of Middle Tennessee Boulevard from Heavy Industrial (H-I) District to Light Industrial (L-I) District; Newton and James Molloy Families, applicants [2019-413],” was read to the Council and offered for passage on second and final reading upon motion made by Mr. Martin, 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 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 19-OZ-21 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 8, 2019 here regarding rezoning approximately 14.99 acres located along New Salem Highway.) An ordinance, entitled “ORDINANCE 19-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 an area located along New Salem Highway, approximately 13.04 acres from General Office (OG) District and Residential Multi-Family Sixteen (RM-16) District to Single-Family Attached, Suburban Townhouse (RS-A Type 2) District and approximately 1.95 acres from Single-Family Residential Fifteen (RS-15) District to Single- Family Residential Six (RS-6) District; Tim McClure, applicant [2019-412],” was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 19-OZ-22 here.)  August 8, 2019 Page 4 The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated August 8, 2019 here with regards to Resolution 19-R-18 to revise schedule of fees for Electrical Permits.) Mr. Robert Holtz, Building and Codes Director, presented the request of the Building and Codes Department to adopt a resolution that will allow for a new electrical permit fee for small projects for $35 rather than the current $85 for all projects regardless of size. The following RESOLUTION 19-R-18 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 Ronnie Martin Bill Shacklett Eddie Smotherman Shane McFarland Nay: None (Insert RESOLUTION 19-R-18 here.) The following letter from the Human Resources Director was presented to the Council: (Insert letter dated August 8, 2019 here with regards to revisions to Employee Handbook Policy 4015: Use of Wireless Telecommunication Devices while driving.) Ms. Pam Russell, Human Resources Director, presented the request of the Human Resources Department to change Employee Handbook Policy 4015, which prohibits the use of a hands-free device while driving, in order to comply with the new Tennessee Hands-Free Law. Mr. Martin made a motion to approve the change to Employee Handbook Policy 4015. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Chief of Police was presented to the Council: (Insert letter dated August 8, 2019 here with regards to 2019 Edward Byrne Memorial Justice Assistance Grant Application (JAG) Program and MOU with RCSO.) Mr. Michael Bowen, Chief of Police, presented the recommendation of the Police Department to approve the Memorandum of Understanding between the City and the Rutherford County Sherriff’s Office for submission of the 2019 Jag Program in which the City is eligible to receive $31,572.  August 8, 2019 Page 5 Mr. Shacklett made a motion to approve the Memorandum of Understanding with Rutherford County Sherriff’s Office. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated August 8, 2019 here with regards to downtown Murfreesboro Storm Drainage Improvements – Design Contract.) Mr. Chris Griffith, City Engineer, presented the recommendation of the Engineering Department to approve the design contract with Huddleston-Steele Engineering, Inc. in the amount of $98,000 for downtown Murfreesboro storm drainage improvements. Mr. LaLance made a motion to approve the contract with Huddleston-Steele Engineering, Inc. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated August 8, 2019 here with regards to Walter Hill Dam maintenance improvements - Change Order No. 1.) Mr. Darren Gore, Assistant City Manager of Utility Enterprises, presented the recommendation of the Water Resources Department to approve Change Order No. 1 to the Walter Hill Dam maintenance project adding an additional $75,506 to the contract price due to the need to utilize underwater divers. Mr. LaLance made a motion to approve Change Order No. 1 to Walter Hill Dam improvements. Mr. Smotherman seconded the motion and all members of Council present voted “Aye”. It was announced that Agenda Item 24 was pulled and would not be presented to Council. The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated August 8, 2019 here with regards to Buchanan-Elam Sanitary Sewer Assessment District Boundary-requested revisions/additions.) Mr. Darren Gore, Assistant City Manager of Utility Enterprises, presented the recommendation of the Water Resources Department to approve two properties to be added to the Buchanan/Elam Sanitary Sewer Assessment District and afford them sanitary sewer service so the City can receive additional sewer connection fees as well as additional assessment district fees.  August 8, 2019 Page 6 Mr. Smotherman made a motion to approve adding the two properties to the Buchanan/Elam Sanitary Sewer Assessment District. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated August 8, 2019 here with regards to sanitary sewer rehabilitation – award of contract.) Mr. Darren Gore, Assistant City Manager of Utility Enterprises, presented the recommendation of the Water Resources Department to approve the awarding of the contract to the lowest bidder, SBW Constructors, in the amount of $3,842,301 for the sewer rehabilitation project. Mr. Shacklett made a motion to approve the awarding of the contract to SBW Constructors. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated August 8, 2019 here with regards to waste load allocation model updates and additions.) Mr. Darren Gore, Assistant City Manager of Utility Enterprises, presented the recommendation of the Water Resources Department to approve an additional $75,000 to complete the waste load allocation model with the consultant on the project, AquAeTer, after it became necessary to switch models due to setbacks with the original model. Mr. Martin made a motion to approve the additional resources for the AquAeTer project. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated August 8, 2019 here with regards to extension of contract for chemical purchases.) Mr. Darren Gore, Assistant City Manager of Utility Enterprises, presented the recommendation of the Water Resources Department to approve a one-year contract extension with Dycho Company, Inc. for $75,000 to continue supplying Sodium Hypochlorite for disinfecting the repurified water generated at the Water Resource Recovery Facility. Mr. LaLance made a motion to approve extending the contract with Dycho Company, Inc. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”.  August 8, 2019 Page 7 The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated August 8, 2019 here with regards to emergency repair of 54” gravity sanitary sewer main.) Mr. Darren Gore, Assistant City Manager of Utility Enterprises, presented the recommendation of the Water Resources Department to approve the contract with Jacobs Construction in the amount of $251,053 for emergency sewer repair near Molloy Lane and Bridge Avenue. Mr. Shacklett made a motion to approve the contract with Jacobs Construction for the emergency sewer repair. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated August 8, 2019 here with regards to Beer Permit application for Boro Quick Stop, 3208 Memorial Blvd.; Special Event Permits for Charity Circle of Murfreesboro; and Center for the Arts.) Mr. LaLance made a motion to approve a Beer Permit for Boro Quick Stop, 3208 Memorial Boulevard (Ownership Change), subject to all building and codes inspections being met; Special Event Permits for the Charity Circle of Murfreesboro on 08/16/19 at 2103 Shannon Drive; 9/20/19 at 1715 Riverview Drive; 12/13/19 at 1702 Shagbark Trail; and Center for the Arts on 9/18/19 at 550 East Main Street. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director announced that there were not any statements, nor any board or commission appointments to be considered. Under other business, the following letter from the Planning Director was presented to the Council: (Insert letter dated August 8, 2019 here with regards to Emergency Solutions Grant (ESG) Contract and Agreements.) Mr. Donald Anthony, Planning Director, presented the recommendation of the Planning Department to approve the execution of the grant contract with the Tennessee Housing Development Agency (THDA) and the sub-recipient agreements with five partner agencies for 2019-2020 Emergency Solutions Grant (ESG) funding. Mr. Smotherman made a motion to approve the execution of the ESG Contract and Agreements. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”.  August 8, 2019 Page 8 Mrs. Wright then introduced Mr. Joshua Miller to the Council as the new Administrative Assistant in the Finance Department. There being no further business, Mayor McFarland adjourned this meeting at 7:44 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER