City Council

August 5, 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, August 5, 2021, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Vice-Mayor Scales Harris was absent and excused from this session. The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney Jennifer Brown, City Recorder/ Finance Director Darren Gore, Assistant City Manager Mike Bowen, Chief of Police Mark Foulks, Chief of Fire and Rescue Nate Williams, Parks and Recreation Director Randolph Wilkerson, Assistant Human Resources Director Matthew Blomeley, Assistant Planning Director Russ Brashear, Assistant Transportation Director Joshua Miller, Administrative Assistant Mayor Shane McFarland commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Banner Request to Hang Across East Main Street for Read to Succeed Schools Day Event to be displayed September 6–14, 2021 (Street) 2. Non-profit Transit Discount (Transportation) 3. Asphalt Purchases Report (Water Resources) 4. Purchase Ford F-350 (Water Resources) 5. Commercial Painting Inc. Contract Change Order No. 3 (Water Resources) 6. Itron Annual Software Support for Water Resources Advanced Metering Infrastructure (Water Resources) 7. Renewal of Specific Energy’s Pump Asset Management and Optimization System (Water Resources) 8. Development Agreement Revisions (Water Resources) 9. Purchase of CAT Mulcher Attachment (Water Resources) 10. Skid Steer and Equipment Purchase (Water Resources) (Insert letters from Street, Transportation, & Water Resources (8) Departments here.) Mr. Shacklett made a motion to approve the Consent Agenda. Mr. LaLance 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:  August 5, 2021 Page 2 (Insert letter dated August 5, 2021 here with regards to amending the Zoning Ordinance.) An ordinance, entitled “ORDINANCE 21-O-17 amending Murfreesboro City Code Appendix A— Zoning, Sections 2, 7, 18, 19, 26, Chart 1, Chart 1 Endnotes, Chart 2, Chart 2 Endnotes, and Chart 4, regarding townhouses, the RS-A zone, and other miscellaneous topics, City of Murfreesboro Planning Staff, applicant. [2020-807],” which passed first reading on July 29, 2021, 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: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 21-O-17 here.) An ordinance, entitled “ORDINANCE 21-O-19 amending Murfreesboro City Code Appendix A— Zoning, Chart 2 Endnotes, City of Murfreesboro Planning Staff, applicant. [2020-807],” which passed first reading on July 29, 2021, 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: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 21-O-19 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to zoning for approximately 39 acres located along Elam Road.) An ordinance, entitled “ORDINANCE 21-OZ-21 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 39 acres located along Elam Road as General Industrial (G-I) District simultaneous with annexation; Laurel H. Maples, applicant(s) [2021-  August 5, 2021 Page 3 408],” which passed first reading on July 29, 2021, 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: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 21-OZ-21 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to rezoning for approximately 17.26 acres located along North Tennessee Boulevard.) An ordinance, entitled “ORDINANCE 21-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 17.26 acres located along North Tennessee Boulevard from Residential Multi-Family Sixteen (RM-16) District and General Office (OG) District to Planned Residential Development (PRD) District (The Pointe at Raiders Campus PRD); CREI-MTSU, LLC, applicant(s) [2021-409],” which passed first reading on July 29, 2021, 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: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 21-OZ-22 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to rezoning for approximately 0.33 acres located along Leaf Avenue.) An ordinance, entitled “ORDINANCE 21-OZ-23 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  August 5, 2021 Page 4 in force and effect, to rezone approximately 0.33 acres located along Leaf Avenue from Single-Family Residential Ten (RS-10) District to Planned Residential Development (PRD) District (Leaf Avenue PRD); BNA Homes, LLC, applicant [2021-410],” which passed first reading on July 29, 2021, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Martin, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 21-OZ-23 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to rezoning for approximately 0.15 acres located along East Vine Street.) An ordinance, entitled “ORDINANCE 21-OZ-24 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 0.15 acres located along East Vine Street from Single-Family Residential Eight (RS-8) District and City Core Overlay (CCO) to Planned Residential Development (PRD) District (The Nook on Vine PRD) and City Core Overlay (CCO) District; BNA Homes, LLC, applicant(s) [2021-411],” which passed first reading on July 29, 2021, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wright, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 21-OZ-24 here.) The following letter from the Assistant Human Resources Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to updates to Employee Handbook Policy 5003.5 Public Safety Compensation.)  August 5, 2021 Page 5 Mr. Randolph Wilkerson, Assistant Human Resources Director, presented the request of the Human Resources Department to update Section 5003.5 of the Employee Handbook to allow for experience credit when Police and Fire trainees move out of the trainee position. Mr. Wade made a motion to update Section 5003.5 of the Employee Handbook to allow for experience credit when Police and Fire trainees move out of the trainee position. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Finance Director/City Recorder was presented to the Council: (Insert letter dated August 5, 2021 here with regards to Certificate of Compliance – Joe B Liquors.) Ms. Jennifer Brown, City Recorder/Finance Director, presented the request to consider a Retail Liquor Certificate of Compliance for Niravkumar Patel at Joe B Liquors, 1516 Joe B Jackson Parkway. Ms. Brown indicated that the application was in order and recommended approval. Mr. Martin made a motion to approve a Retail Liquor Certificate of Compliance for Niravkumar Patel at Joe B Liquors, 1516 Joe B Jackson Parkway. Mr. Wade seconded the motion and all members of the Council present voted “Aye” except Mr. LaLance who voted “Nay”. The following letter from the Finance Director/City Recorder was presented to the Council: (Insert letter dated August 5, 2021 here with regards to Certificate of Compliance – Overall Liquor and Wine.) Ms. Jennifer Brown, City Recorder/Finance Director, presented the request to consider a Retail Liquor Certificate of Compliance for Vijay Govind Patel, Prashant Shanabhai Patel, Dushyantkumar Shanabhai Patel, and Akash Mukeshkumar Patel at Overall Liquor and Wine, 4433 Veterans Parkway, Suite D. Ms. Brown indicated that the application was in order and recommended approval. Mr. Martin made a motion to approve a Retail Liquor Certificate of Compliance for Vijay Govind Patel, Prashant Shanabhai Patel, Dushyantkumar Shanabhai Patel, and Akash Mukeshkumar Patel at Overall Liquor and Wine, 4433 Veterans Parkway, Suite D. Mr. Wade seconded the motion and all members of the Council present voted “Aye” except Mr. LaLance who voted “Nay”. The following letter from the Parks and Recreation Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to relocation of Gas Line at Richard Siegel Park.)  August 5, 2021 Page 6 Mr. Nate Williams, Parks and Recreation Director, presented the request to approve the Agreement with Atmos Energy Corporation for the relocation of a gas line located under the soccer fields at Richard Siegel Park in the amount of $132,418, with funding allocated in the CIP for Siegel Improvements. Mr. Shacklett made a motion to approve the Agreement with Atmos Energy Corporation for the relocation of a gas line located under the soccer fields at Richard Siegel Park in the amount of $132,418, with funding allocated in the CIP for Siegel Improvements. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Parks and Recreation Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to Mandatory Referral for Abandonment and Allocation of Gas Easement.) Mr. Nate Williams, Parks and Recreation Director, presented the request to approve the abandonment of the existing utility easement at Richard Siegel Park and approve the allocation of a new utility easement to Atmos Energy Corporation. Mr. LaLance made a motion to approve the abandonment of the existing utility easement at Richard Siegel Park and approve the allocation of a new utility easement to Atmos Energy Corporation. Mr. Shacklett 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 5, 2021 here with regards to Purchase of Mobile Surveillance Trailers.) Mr. Michael Bowen, Chief of Police, presented the recommendation of the Police Department to approve the Agreement with Industrial Video & Control in the amount of $86,192, funded by the Fiscal Year 2022 State Direct Allocation Grant, for the purchase of two mobile surveillance trailers. Mr. LaLance made a motion to approve the Agreement with Industrial Video & Control in the amount of $86,192, funded by the Fiscal Year 2022 State Direct Allocation Grant, for the purchase of two mobile surveillance trailers. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant Transportation Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to Funding Agreement with TDOT for Transit Fleet Replacement.) Mr. Russ Brashear, Assistant Transportation Director, presented the request to approve Contract 755307-S3-031 with TDOT for the City’s required 7.5% match, in the  August 5, 2021 Page 7 amount of $71,111, funded from the Transportation Department’s Operating Budget to replace the City’s transit fleet. Mr. Brashear stated that the total replacement cost of the fleet is $948,148 to be purchased with federal funding which requires the State and the City to each match 7.5%. Mr. Shacklett made a motion to approve Contract 755307-S3-031 with TDOT for the City’s required 7.5% match in the amount of $71,111, funded from the Transportation Department’s Operating Budget to replace the City’s transit fleet. Mr. Martin seconded the motion and all members of the Council present voted “Aye”, except Mr. LaLance who voted “Abstain”. The following letter from the Assistant Transportation Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to Contract with TDOT for match to FTA 5339 Funds.) Mr. Russ Brashear, Assistant Transportation Director, presented the request to approve Contract 755339-S3-003 with TDOT for the City’s required 10% match, in the amount of $65,368, funded from the Transportation Department’s Operating Budget to secure the Federal funding required to operate the City’s transit system. Mr. Brashear stated that the total operational cost is $653,675 with the reaming balance funded from State and Federal grant revenues. Mr. Wade made a motion to approve Contract 755339-S3-003 with TDOT for the City’s required 10% match, in the amount of $65,368, funded from the Transportation Department’s Operating Budget to secure the Federal funding required to operate the City’s transit system. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”, except Mr. LaLance who voted “Abstain”. The following letter from the Assistant Transportation Director was presented to the Council: (Insert letter dated August 5, 2021 here with regards to Contract with TDOT for matching Transit Facility Funds.) Mr. Russ Brashear, Assistant Transportation Director, presented the request to approve Contract 755307-S3-032 with TDOT for the City’s required 10% match, in the amount of $417,284, funded partially from the CIP, to match State and Federal grant funding for capital expenses related to the Transit Facility development and route planning. Mr. Wade made a motion to approve Contract 755307-S3-032 with TDOT for the City’s required 10% match, in the amount of $417,284, funded partially from the CIP, to match State and Federal grant funding for capital expenses related to the Transit Facility  August 5, 2021 Page 8 development and route planning. 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 5, 2021 here with regards to Beer Permit Application for Stix & Ballz at 2546 Southgate Boulevard, Suite C.) Mr. Wright made a motion to approve the Beer Permit for Stix & Ballz, 2546 Southgate Boulevard, Suite C (Location Change), pending building and codes completion. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director announced that there were no statements or any board and commission appointments to consider. Mr. Craig Tindall, City Manager, announced that the next Council meeting would be on August 11, 2021 beginning at 11:30 a.m. and held in the Business Center at the Murfreesboro Municipal Airport. Mayor McFarland expressed his desire for the City to continue, when practical, the practice of going through an open low bid process for City contracts in order to allow local companies to submit bids, rather than going through a State bid contract. Council expressed their agreeance with the Mayor. There being no further business, Mayor McFarland adjourned this meeting at 6:21 p.m. _____ ATTEST: SHANE MCFARLAND – MAYOR JENNIFER BROWN - CITY RECORDER