City Council

May 6, 2021 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 6:00 p.m. on Thursday, May 6, 2021, 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 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 Raymond Hillis, Executive Director/ Public Works Mark Foulks, Fire and Rescue Chief Trey Duke, City Schools Director Kim Williams, City Schools Finance Director Kayla Walker, Project Development Director Cathy Smith, Purchasing Director Russell Gossett, Solid Waste Director Robert Holtz, Building and Codes Director Matthew Blomeley, Assistant Planning Director Joshua Miller, Administrative Assistant Vice-Mayor Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland proclaimed that, in the City of Murfreesboro, May 6, 2021 would be known as a day to honor the Providence Christian Academy Girls Basketball Team for finishing their 2021 season as runner-up in the TSSAA State playoffs and also beating the number one ranked team in the State with a 53 to 48 win. He congratulated Coach Tara James and her staff for their efforts and success. Mayor McFarland and Fire Chief Mark Foulks congratulated Assistant Fire Chief Brian Lowe for his graduation from the National Fire Academy’s four-year Executive Fire Officer Program. The Consent Agenda was presented to the Council for approval: 1. Electric Service Contracts with MTEMC (Administration) 2. Siegel Soccer Complex – Admin Building Design Contract Revision (Administration) 3. Affordable Housing Program – Legacy Pointe Development (Community Development) 4. Community Investment Program Funds Transfer (Finance)  May 6, 2021 Page 2 5. Approval of use of Competitive Sealed Proposals for Sign Ordinance Consultant Services (Purchasing) 6. Purchase of Convenience Center Roll Off Containers (Solid Waste) 7. Banner Request to Hang Across East Main Street for the Tennessee Philharmonic Orchestra for Concert Promotions (Street) a. September 14-24, 2021 b. November 8-12, 2021 c. December 3-13, 2021 d. February 4-14, 2022 e. April 15-25, 2022 8. ADS Professional Services Extension (Water Resources) 9. Asphalt Purchases Report (Water Resources) 10. Approval to Purchase PC Equipment (Water Resources) 11. Water Meter Gang Vault Contract Amendment (Water Resources) 12. ELI WA#5 Supplement Salem Barfield (Water Resources) (Insert letters from Administration (2), Community Development, Finance, Purchasing, Solid Waste, Street & Water Resources (5) Departments here.) Mr. LaLance made a motion to approve the Consent Agenda. Vice-Mayor Scales Harris seconded the motion 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 May 6, 2021 here with regards to approval of Minutes of City Council Meetings from April 14, 2021.) Mr. Martin made a motion to approve the minutes as written and presented for the regular meeting held on April 14, 2021. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the City Schools Finance Director was presented to the Council: (Insert letter dated May 6, 2021 here with regards to Discovery School Track Resolution and Budget Amendment.) The following RESOLUTION 21-R-10 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. 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  May 6, 2021 Page 3 (Insert RESOLUTION 21-R-10 here amending the 2020-2021 Murfreesboro City Schools Budget to match funds raised for the installation and construction of an asphalt walking track at Discovery School (5th Amendment).) The following RESOLUTION 21-R-15 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 21-R-15 here amending the 2020-2021 Murfreesboro City Schools Budget (6th Amendment).) The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated May 6, 2021 here with regards to MED Pension Plan Funding Policy.) The following RESOLUTION 21-R-13 was read to the Council and offered for adoption upon motion made by Mr. Martin, seconded by Mr. LaLance. 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 21-R-13 here adopting the Funding Policy for the Murfreesboro Electric Department (MED) Pension Plan.) The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 6, 2021 here with regards to Fiscal Year 2022 recommended Water Rate and Pricing Increases.) An ordinance, entitled “ORDINANCE 21-O-12 amending Chapter 33, Water Resources, Sections 33-1, 33-2, and 33-50 of the Murfreesboro City Code, dealing with water resources rates, charges and fees,” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Kirt Wade  May 6, 2021 Page 4 Shawn Wright Nay: Ronnie Martin Abstain: Shane McFarland The following letter from the Planning Director was presented to the Council: (Insert letter dated May 6, 2021 here with regards to sewer allocation variance – Memorial Blvd. – Dutch Bros. Coffee.) Mr. Matthew Blomeley, Assistant Planning Director, presented the request to approve the proposed Memorial Boulevard Dutch Bros. Coffee’s request for additional density above the sewer allocation ordinance’s zoning allowance. He stated that the proposed development, Dutch Bros. Coffee, will use approximately 5.95 sfu’s more than the ordinance allows, but staff views the advantages of job creation and sales tax revenue as a greater benefit. Mr. Wade made a motion to approve the proposed Memorial Boulevard Dutch Bros. Coffee’s request for additional density above the sewer allocation ordinance’s zoning allowance by 5.95 sfu’s. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”, except Mr. Martin who voted “Nay”. The following letter from the Planning Director was presented to the Council: (Insert letter dated May 6, 2021 here with regards to sewer allocation variance – Memorial Blvd. – Wendy’s.) Mr. Matthew Blomeley, Assistant Planning Director, presented the request to approve the proposed Memorial Boulevard Wendy’s request for additional density above the sewer allocation ordinance’s zoning allowance. He stated that the proposed development, Wendy’s, will use approximately 2.5 sfu’s more than the ordinance allows, but staff views the advantages of job creation and sales tax revenue as a greater benefit. Mr. LaLance made a motion to approve the proposed Memorial Boulevard Wendy’s request for additional density above the sewer allocation ordinance’s zoning allowance by 2.5 sfu’s. Mr. Wade seconded the motion and all members of the Council voted “Aye”, except Mr. Martin who voted “Nay”. The following letter from the Solid Waste Director was presented to the Council: (Insert letter dated May 6, 2021 here with regards to Volvo Loader Equipment Purchase.) Mr. Russell Gossett, Solid Waste Director, presented the request of the Solid Waste Department to approve the Purchase Contract with Scott Equipment Company, LLC through State Contract 48471 in the amount of $303,103 funded from the CIP for the purchase of a 2021 Volvo L120H Wheel Loader.  May 6, 2021 Page 5 Mr. LaLance made a motion to approve the Purchase Contract with Scott Equipment Company, LLC through State Contract 48471 in the amount of $303,103 funded from the CIP for the purchase of a 2021 Volvo L120H Wheel Loader. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Solid Waste Director was presented to the Council: (Insert letter dated May 6, 2021 here with regards to CIP Equipment Purchase – Side Loader Trucks.) Mr. Russell Gossett, Solid Waste Director, presented the request of the Solid Waste Department to approve the Purchase Contract with Municipal Equipment, Inc. through the Sourcewell Purchasing Cooperative Agreement in the amount of $900,744 funded from the CIP for the purchase of three New Way Sidewinder automated side loader trucks on Peterbilt 520 with Paccar PX9 chassis. Mr. LaLance made a motion to approve the Purchase Contract with Municipal Equipment, Inc. through the Sourcewell Purchasing Cooperative Agreement in the amount of $900,744 funded from the CIP for the purchase of three New Way Sidewinder automated side loader trucks on Peterbilt 520 with Paccar PX9 chassis. Mr. Wright seconded the motion and all members of the Council voted “Aye”. The following letter from the Executive Director of Public Works was presented to the Council: (Insert letter dated May 6, 2021 here with regards to Street Department Vehicle/Equipment Purchase.) Mr. Raymond Hillis, Executive Director of Public Works, presented the request of the Street Department to approve the Purchase Contract with Construction Municipal Industrial Equipment Sales, Inc. through the Sourcewell Purchasing Cooperative Agreement in the amount of $214,294 funded from the CIP for the purchase of an X-Treme Vac Leaf Truck. Mr. LaLance made a motion to approve the Purchase Contract with Construction Municipal Industrial Equipment Sales, Inc. through the Sourcewell Purchasing Cooperative Agreement in the amount of $214,294 funded from the CIP for the purchase of an X-Treme Vac Leaf Truck. Mr. Wright seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 6, 2021 here with regards to Solid Waste 10-yr Plan Update for Rutherford County and Murfreesboro.) Mr. Darren Gore, Assistant City Manager, presented the 10-yr solid waste planning document update that brings the 2018 document up to date regarding the recent expansion request by Middle Point Landfill, the County’s current solid waste solution RFP process, and  May 6, 2021 Page 6 answered questions from Council regarding the proposed document. Mr. Gore clarified that the County Public Works Committee has not yet endorsed this plan draft. His intent was to present a working draft for the County’s consideration, due to the need of having an approved document to meet the short timeline due to the landfill’s application to expand. Mr. Wright made a motion to approve the 10-yr solid waste planning document update that brings the 2018 document up to date regarding the recent expansion request by Middle Point Landfill and the County’s current RFP process. Mr. LaLance seconded the motion and all members of the Council voted “Aye”, except Mr. Martin who voted “Abstain”. Mr. LaLance left the meeting at this time. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 6, 2021 here with regards to Biosolids Dryer Disconnection at WRRF.) Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve Task Order No. 21-02 with John Bouchard & Sons Co. in the amount of $14,657 funded by the Department’s Working Capital Reserves for the disconnection and removal of the small-scale dryer at the City’s Water Resource Recovery Facility (WRRF). Mr. Martin made a motion to approve Task Order No. 21-02 with John Bouchard & Sons Co. in the amount of $14,657 funded by the Department’s Working Capital Reserves for the disconnection and removal of the small-scale dryer at the City’s WRRF. Mr. Wright seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 6, 2021 here with regards to MR Systems Master Service Agreement Amendment 1.) Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve Amendment No. 1 with MR Systems, Inc. Master Services Agreement for the extension of the agreement for an additional 3-years with updated standard hourly rates. Mr. Wade made a motion to approve Amendment No. 1 with MR Systems, Inc. Master Services Agreement for the extension of the agreement for an additional 3-years with updated standard hourly rates. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 6, 2021 here with regards to Oakleigh Sewer Pump Station Replacement-JBS Task Order 21-03.)  May 6, 2021 Page 7 Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve Task Order No. 21-03 with John Bouchard & Sons Co. in an amount not to exceed $273,890 funded by the Sinking Fund for Lift Station replacements and paid from Working Capital Reserves for the replacement of the Oakleigh Sewer Pump Station. Mr. Martin made a motion to approve Task Order No. 21-03 with John Bouchard & Sons Co. in an amount not to exceed $273,890 funded by the Sinking Fund for Lift Station replacements and paid from Working Capital Reserves for the replacement of the Oakleigh Sewer Pump Station. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 6, 2021 here with regards to WRRF Precast Fascia Replacement.) Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve the Agreement with Williams Restoration & Waterproofing, Inc. in the amount of $148,500 funded by Department’s Rate Funded Capital Budget for the replacement of precast fascia at the Water Resource Recovery Facility buildings. Vice-Mayor Scales Harris made a motion to approve the Agreement with Williams Restoration & Waterproofing, Inc. in the amount of $148,500 funded by Department’s Rate Funded Capital Budget for the replacement of precast fascia at the Water Resource Recovery Facility buildings. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 6, 2021 here with regards to TDOT - Thompson Lane Widening – ELI WA#4 Supplement.) Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve Work Authorization No. 4 with Energy Land & Infrastructure, LLC for an amount not to exceed $233,952 for utility relocations along Thompson Lane. Mr. Martin made a motion to approve Work Authorization No. 4 with Energy Land & Infrastructure, LLC for an amount not to exceed $233,952 for utility relocations along Thompson Lane. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”.  May 6, 2021 Page 8 The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 6, 2021 here with regards to Thompson Lane Pump Station Upgrades.) Mr. Darren Gore, Assistant City Manager, presented the recommendation of the Water Resources Department to approve the Sole Source Purchase Agreement from Bertelkamp Automation, Inc. in the amount of $38,353 funded by the Department’s Capital Budget for a human machine interface and three variable frequency drives for the Thompson Lane Pump Station. Vice-Mayor Scales Harris made a motion to approve the Sole Source Purchase Agreement from Bertelkamp Automation, Inc. in the amount of $38,353 funded by the Department’s Capital Budget for a human machine interface and three variable frequency drives for the Thompson Lane Pump Station. Mr. Wright seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director announced that there was no licensing to consider. Upon recommendation of Mayor McFarland, Vice-Mayor Scales Harris made a motion to appoint Ms. Sonya Wright (term expires May 3, 2026) filling the expired term of Mr. Ricardo E. Jones to the Murfreesboro Housing Authority Mr. Martin seconded the motion and all members of the Council present voted “Aye”. Upon recommendation of Mayor McFarland, Vice-Mayor Scales Harris made a motion to appoint Mr. Darren Gore to be the City’s representative on the Central Tennessee Region Solid Waste Planning Board. Mr. Wright seconded the motion and all members of the Council present voted “Aye”. The following statement was presented to the Council with the recommendation of the City Manager and City Recorder/Finance Director that its payment be approved: From Solid Waste Department’s FY2021 Equipment Repairs & Maintenance Operating Budget: CW Mill Equipment Company, Inc. $ 26,257 Vice-Mayor Scales Harris made a motion to approve payment of the statement as recommended by the City Manager and City Recorder/Finance Director. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. Mr. Craig Tindall, City Manager, gave an update on the schedule for upcoming council meetings and Mayor McFarland asked for Asbury Lane to be added to the list of topics for discussion at the upcoming Council Retreat meeting.  May 6, 2021 Page 9 There being no further business, Mayor McFarland adjourned this meeting at 7:24 p.m. _____ SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER