City Council

December 17, 2020 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, consistent with the Governor’s order, members of the City Council are participating by electronic means as has been determined necessary to protect public health, safety, and welfare in light of the coronavirus pandemic at 6:00 p.m. on Thursday, December 17, 2020, 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 Kirt Wade Shawn Wright Vice-Mayor Scales Harris, Council Member Ronnie Martin and City Attorney Adam Tucker participated telephonically at this meeting. Council Member Kirt Wade arrived later in the meeting. The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney Melissa Wright, City Recorder/ Finance Director Gary Whitaker, Assistant City Manager Darren Gore, Assistant City Manager Sam Huddleston, Executive Director/ Development Services Nate Williams, Parks and Recreation Director Russell Gossett, Solid Waste Director Matthew Blomeley, Assistant Planning Director Michele Emerson, Assistant City Engineer Michael Smith, City Schools Finance Director Emoni Lewis, Community Development Administrative Assistant Joshua Miller, Administrative Assistant Mr. Wright commenced the meeting by introducing Rev. Dr. Drew Shelly of First United Methodist Church who led those present with a prayer, followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Airport Terminal Project Change Order (Airport) 2. 2020 THDA ESG CARES RD 1 Grant Funding (Community Development) 3. Stop Loss Insurance for Health Insurance Claims (Human Resources) 4. Purchase Taser Cartridges from Axon Enterprise, Inc. (Police) 5. Purchase of 2021 Ford Explorer 4x2 (Transportation) 6. Asphalt Purchases Report (Water Resources) 7. 2020-2021 Sanitary Sewer Rehabilitation Contract Change Order No. 1 (Water Resources) 8. Tiger Hill, Mill Street and Halls Hill Water Tanks Final Change Order (Water Resources)  December 17, 2020 Page 2 (Insert letters from Airport, Community Development, Human Resources Police, Transportation & Water Resources (3) Departments here.) Mr. Shacklett made a motion to approve the Consent Agenda. Mr. LaLance seconded the motion. A roll call vote was conducted and all members of the Council present voted “Aye”. The following letter from the City Recorder/Finance Manager was presented to the Council: (Insert letter dated December 17, 2020 here with regards to approval of City Council Meetings from April 4, 2019 through May 23, 2019.) Mr. LaLance made a motion to approve the minutes as written and presented for the public comment meeting held on April 4, 2019; the regular meeting held on April 4, 2019; the regular meeting held on April 10, 2019; the budget meeting held on April 18, 2019; the regular meeting held on April 18, 2019; the budget meeting held on April 25, 2019; the regular meeting held on April 25, 2019; the budget meeting held on May 2, 2019; the public comment meeting held on May 2, 2019; the regular meeting held on May 2, 2019; the regular meeting held on May 16, 2019; the budget meeting held on May 23, 2019 and the regular meeting held on May, 23, 2019. Mr. Shacklett seconded the motion. A roll call vote was conducted and all members of the Council present voted “Aye”. Mr. Sam Huddleston, Executive Director of Development Services, introduced to the Council Ms. Emoni Lewis, the new Administrative Assistant in the Community Development Department. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated December 17, 2020 here with regards to rezoning approximately 10.7 acres located at the northeast corner of New Salem Highway and Warrior Drive [2020-421].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-44 adopted by the City Council on November 19, 2020, to consider rezoning approximately 10.7 acres located at the northeast corner of New Salem Highway and Warrior Drive from Single-Family Residential Fifteen (RS-15) District to Commercial Highway (CH) District. Notice of said public hearing was published in the December 1, 2020 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to rezone approximately 10.7 acres along the northeast corner of New Salem Highway and Warrior Drive from Single-Family Residential Fifteen (RS-15) District to Commercial Highway (CH) District.  December 17, 2020 Page 3 Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 10.7 acres along the northeast corner of New Salem Highway and Warrior Drive from Single-Family Residential Fifteen (RS-15) District to Commercial Highway (CH) District, step forward to the podium. There was no one present who wished to speak for or against the proposed rezoning along the northeast corner of New Salem Highway and Warrior Drive and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Rick LaLance questioned whether a truck stop was a permitted use in this zoning and, if so, were the developers intending to build a truck stop? Mr. Matt Taylor, SEC, Inc. assured the Council that a truck stop was not planned for this development, and to ensure it being disallowed, the owners would add it to a restrictive covenant on the property. An ordinance, entitled “ORDINANCE 20-OZ-44 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 10.7 acres located at the northeast corner of New Salem Highway and Warrior Drive from Single-Family Residential Fifteen (RS-15) District to Commercial Highway (CH) District; Investment Partners, Inc., applicant [2020- 421],” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Wright. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Shawn Wright Shane McFarland Nay: None The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated December 17, 2020 here with regards to rezoning approximately 13.1 acres located along West Thompson Lane, west of Northboro Court [2020-418].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-45 adopted by the City Council on November 19, 2020, to consider rezoning approximately 13.1 acres along the north side of West Thompson Lane from Residential Single-Family Fifteen (RS-15) District to Planned Residential Development (PRD) District (Kings Landing Villas PRD). Notice of said public hearing was published in the December 1, 2020 issue of a local newspaper as follows:  December 17, 2020 Page 4 (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to rezone approximately 13.1 acres along the north side of West Thompson Lane from Residential Single-Family Fifteen (RS-15) District to Planned Residential Development (PRD) District (Kings Landing Villas PRD). He introduced Mr. Clyde Rountree, Huddleston-Steele Eng., Inc., and Mr. Brian Oliver, Oliver Architecture, P.C, who gave a presentation on the proposed plans for the development. Mr. Wade arrived at this time. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 13.1 acres along the north side of West Thompson Lane from Residential Single-Family Fifteen (RS-15) District to Planned Residential Development (PRD) District, step forward to the podium. There was no one present who wished to speak for or against the proposed rezoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Rick LaLance asked why a project that exceeds the sewer allocation for the area should be approved and why the Planning Commission had not raised concerns about the projects proposed sewer allocation amount? Mayor McFarland and Council agreed and asked Mr. Craig Tindall, City Manager, to schedule a joint meeting between the City Council and the Planning Commission for the beginning of the new year to discuss these issues. An ordinance, entitled “ORDINANCE 20-OZ-45 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 13.1 acres along the north side of West Thompson Lane from Residential Single-Family Fifteen (RS-15) District to Planned Residential Development (PRD) District (Kings Landing Villas PRD); Black Diamond Development, applicant [2020-418],” was read to the Council and offered for deferral upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said ordinance was deferred by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None Mr. Randy Friedsom, Black Diamond Development, expressed his frustration with the Council and the delay on the development this deferral puts on the project.  December 17, 2020 Page 5 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated December 17, 2020 here with regards to scheduling a public hearing for January 21, 2021 for a proposed amendment to the Zoning Ordinance [2020-806] regarding the compensation of Board of Zoning Appeals members.) The following RESOLUTION 20-R-PH-46 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Wright. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-46 here with regards to scheduling a Public hearing for January 21, 2021 to amend Appendix A-Zoning, Section 30 regarding compensation of Board of Zoning Appeals members; Planning Staff, applicant [2020-806].) The following letter from the City Schools Finance Director was presented to the Council: (Insert letter dated December 17, 2020 here with regards to Fiscal Year 2021 Budget Amendment Resolution.) The following RESOLUTION 20-R-28 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-28 here amending the 2020-2021 Murfreesboro City Schools Budget (2nd Amendment).) The following letter from the Executive Director of Public Infrastructure/City Engineer was presented to the Council: (Insert letter dated December 17, 2020 here with regards to Middle Tennessee Boulevard Change Order No. 3 & No. 4.) Ms. Michele Emerson, Assistant City Engineer, presented the recommendation to approve Change Order No. 3 with Jarrett Builders, Inc. for the Middle Tennessee Boulevard construction project which adds $192,187.40 to the total contract amount. Additionally, she  December 17, 2020 Page 6 presented the recommendation to approve Change Order No. 4 with Jarrett Builders, Inc for the Middle Tennessee Boulevard construction project which revises the contract amount based on actual materials quantities used during construction resulting in $127,159.64 added to the total contract amount. The revised total contract amount is $16,306,206.58. Ms. Emerson stated that Change Order No. 4 still needed TDOT approval. Mr. Shacklett made a motion to approve Change Order No. 3 with Jarrett Builders, Inc. for the Middle Tennessee Boulevard construction project which adds $192,187.40 to the total contract amount and to approve Change Order No. 4 with Jarrett Builders, Inc for the Middle Tennessee Boulevard construction project which adds $158,963.47 to the total contract amount. Mr. LaLance seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Executive Director of Public Infrastructure/City Engineer was presented to the Council: (Insert letter dated December 17, 2020 here with regards to Final Change Order for Stones River Greenway Phase 4.) Ms. Michele Emerson, Assistant City Engineer, presented the recommendation to approve the Stones River Greenway Phase 4 Final Summary Change Order with Jarrett Builders, Inc. which decreases the current contract total amount from $6,107,820 to $5,624,152. Mr. LaLance made a motion to approve the Stones River Greenway Phase 4 Final Summary Change Order with Jarrett Builders, Inc. which decreases the current contract total amount from $6,107,820 to $5,624,152. Mr. Shacklett seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Parks and Recreation Director was presented to the Council: (Insert letter dated December 17, 2020 here with regards to Barfield Crescent Park Playground Replacement.) Mr. Nate Williams, Parks and Recreation Director, presented the recommendation to approve the Playground Replacement Contract with Landscape Structures for a total cost of $50,105 which will be paid from the City’s Risk Management Funds. Mr. LaLance made a motion to approve the Playground Replacement Contract with Landscape Structures for a total cost of $50,105 to be paid from the City’s Risk Management Funds. Mr. Wright seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Solid Waste Director was presented to the Council:  December 17, 2020 Page 7 (Insert letter dated December 17, 2020 here with regards to purchase of new garbage carts.) Mr. Russell Gossett, Solid Waste Director, presented the recommendation to approve the purchase of 2,808 garbage carts from Rehrig Pacific Company through the Omnia/NJPA Contract for a total cost of $136,328. Mr. Wade made a motion to approve the purchase of 2,808 garbage carts from Rehrig Pacific Company through the Omnia/NJPA Contract for a total cost of $136,328. Mr. Shacklett seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated December 17, 2020 here with regards to Engineering Design Services with ELI for Salem-Barfield Sewer Upgrade.) Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve the Professional Services Contract with Energy, Land and Infrastructure, LLC (ELI) to design a gravity sanitary sewer upgrade in the Salem/Barfield area for an amount not to exceed $83,687. Mr. Wade made a motion to approve the Professional Services Contract with Energy, Land and Infrastructure, LLC (ELI) to design a gravity sanitary sewer upgrade in the Salem/Barfield area for an amount not to exceed $83,687. Mr. LaLance seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated December 17, 2020 here with regards to MTSU Chiller Plant Expansion – Water & Sewer Connection Fees.) Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve water and sewer connection fees in the amount of $158,843 for MTSU’s new water-cooling tower at their Satellite Chiller Plant. Mr. Wade made a motion to approve water and sewer connection fees in the amount of $158,843 for MTSU’s new water-cooling tower at their Satellite Chiller Plant. Mr. LaLance seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated December 17, 2020 here with regards to Contract with W.K. Dickson & Co., Inc. to update design standards for stormwater controls.) Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve the Professional Services Contract with W.K.  December 17, 2020 Page 8 Dickson & Co., Inc. (WKD) to update design standards for stormwater control measures for an amount not to exceed $55,000. Mr. LaLance made a motion to approve the Professional Services Contract with W.K. Dickson & Co., Inc. (WKD) to update design standards for stormwater control measures for an amount not to exceed $55,000. Mr. Wade seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated December 17, 2020 here with regards to Beer Permit Application for Uncle Maddio’s Pizza, 125 Wendelwood Dr.) Mr. Wade made a motion to approve Beer Permits for Uncle Maddio’s Pizza, 125 Wendelwood Drive (Ownership Change), pending completion of Building and Codes inspections. Mr. Wright seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. Mr. Nate Williams, Parks and Recreation Director, informed the Council that Mr. D. Edwin Jernigan, the Chair of the Parks and Recreation Commission, was retiring from the Commission. Mr. Williams recognized Mr. Jernigan’s long service on the Commission and thanked him for helping shape the City’s parks into what they are today. The City Recorder/Finance Director announced that there were not any statements to be considered. Under other business, the following letter from the Executive Director of Development Services was presented to the Council: (Insert letter dated December 17, 2020 here with regards to Mandatory Referral for property transfers for proposed road improvements.) Mr. Sam Huddleston, Executive Director of Development Services, presented the request to approve the mandatory referral request in and around the West Point Subdivision; authorize the Mayor to execute any necessary deeds; and, subject to approval of the City Attorney, approve a Road Development Agreement which is needed to implement Short-Term Improvement (STI) 6a of the City’s Major Transportation Plan. Mr. Wade made a motion to approve the mandatory referral request in and around the West Point Subdivision; authorize the Mayor to execute any necessary deeds; and, subject to approval of the City Attorney, approve a Road Development Agreement to implement Short-Term Improvement (STI) 6a of the City’s Major Transportation Plan. Mr. Wright seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”.  December 17, 2020 Page 9 There being no further business, Mayor McFarland adjourned this meeting at 7:19 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER