City Council

October 21, 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, October 21, 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 Jennifer Brown, City Recorder/ Finance Director Darren Gore, Assistant City Manager Michael Bowen, Chief of Police Sam Huddleston, Executive Director/ Development Services Ron Duggin, Project Development Director Pam Russell, Employee Services Director Nate Williams, Parks and Recreation Director Matthew Blomeley, Assistant Planning Director Randolph Wilkerson, Assistant Employee Services Director Joshua Miller, Administrative Assistant Council Member Bill Shacklett commenced the meeting by introducing Mr. Jeff Parker, Executive Director H3RC, who gave a description of the organization and the services H3RC provides. Mr. Parker then led a prayer followed by the Pledge of Allegiance. Mr. Randolph Wilkerson, Assistant Human Resources Director, recognized STARS Award recipients Ms. Freida Coldwell and Ms. Melissa Pettis, Employee Services Department, who went above and beyond the call of duty by assisting and impressing a former employee seeking an employment verification letter with their excellent customer service. Mayor McFarland presented plaques recognizing Ms. Coldwell’s and Ms. Pettis’s ability to represent 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. Tennessee Housing Development Agency Emergency Solutions FY22 Grants (Community Development) 2. Extend Agreements for Healthcare Ancillary Products (Employee Services) 3. FY22 City Manager Approved Budget Amendments (Finance) 4. Approval of Use of Competitive Sealed Proposals for Playground Design and Installation (Parks) 5. Mandatory Referral for Installation of Private Irrigation Lines in Plum Leaf Place Right-of-Way (Planning) 6. 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Award Acceptance (Police)  October 21, 2021 Page 2 7. Graykey Software License Renewal (Police) 8. Asphalt Purchases (Water Resources) 9. Trane HVAC Unit Replacement (Water Resources) 10. Grass Cutting & Landscaping for Stones River Water Treatment Plant (Water Resources) 11. Pall Membrane Service Agreement (Water Resources) 12. Commercial Painting Inc. Contract Fourth Amendment (Water Resources) (Insert letters from Community Development, Employee Services, Finance, Parks, Planning, Police (2), & Water Resources (5) Departments here.) Mr. Wade made a motion to approve the Consent Agenda. Mr. LaLance 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 October 21, 2021 here with regards to approval of Minutes of City Council Meetings.) Mr. LaLance made a motion to approve the minutes as written and presented for the regular meeting held on September 15, 2021 and the regular meeting held on September 30, 2021. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Budget Director was presented to the Council: (Insert letter dated October 21, 2021 here with regards to Fiscal Year 2022 Budget Amendment Ordinance.) Ms. Jennifer Brown, City Recorder/Finance Director, stated that following additional amendments to the budget had been added to the Ordinance after first reading: Hotel/Motel Tax Revenue changes, increased monetary transfer to the Chamber of Commerce, Building and Codes personnel addition and the award of Police Grants. An ordinance, entitled “ORDINANCE 21-O-29 amending the 2021-2022 Budget Appropriations (1st Amendment),” which passed first reading on September 30, 2021, was read to the Council and offered for passage on second and final reading, as amended, 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 Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert ORDINANCE 21-O-29 here.)  October 21, 2021 Page 3 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated October 21, 2021 here with regards to rezoning approximately 17.5 acres located north of Doctor Martin Luther King Jr Boulevard, south of east Castle Street, east of south Highland Avenue and west of First Avenue [2021-414].) An ordinance, entitled “ORDINANCE 21-OZ-28 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 17.48 acres located north of Doctor Martin Luther King Jr. Boulevard, south of East Castle Street, east of South Highland Avenue, and west of First Avenue from Residential MultiFamily Sixteen (RM-16) District, Duplex Residential (R-D) District, SingleFamily Residential Eight (RS-8) District and City Core Overlay (CCO) District to Planned Unit Development (PUD) District and City Core Overlay (CCO) District; Murfreesboro Housing Authority, applicant [2021-414],” which passed first reading on September 30, 2021, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, seconded by Mr. Wright. 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 Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert ORDINANCE 21-OZ-28 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated October 21, 2021 here with regards to scheduling public hearings for December 2, 2021 for a zoning application [2021-418] for approximately 8.4 acres located along Bridge Avenue, an annexation petition and plan of services [2021-507] for approximately 15.6 acres located north of Dejarnette Lane, a zoning application [2021-420] for approximately 9.5 acres located north of Dejarnette Lane, an annexation petition and plan of services [2021-508] for approximately 2.4 acres located south of South Rutherford Boulevard, a zoning application [2021-421] for approximately 2.4 acres located south of South Rutherford Boulevard, a zoning application [2021-419] for approximately 29.1 acres located along Franklin Road, an annexation petition and plan of services [2021-509] for three rights-of-way, a Zoning Ordinance Amendment [2021-801] pertaining to Section 13 and scheduling a public hearing for December 16, 2021 for an annexation petition and plan of services [2021-510] for approximately 123 acres located along Veals Road and Double Springs Road.)  October 21, 2021 Page 4 The following RESOLUTION 21-R-PH-33 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-PH-33 fixing the time for holding a Public Hearing with respect to the proposed amendment of the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, constituting a part of said Ordinance, as heretofore amended and as now in force and effect, so as to consider a proposed amendment to rezone approximately 8.4 acres located along Bridge Avenue from Single-Family Residential Ten (RS-10) District to Commercial Fringe (CF) District and approximately 1 acre from Heavy Industrial (H-I) District to Commercial Fringe (CF) District; City Church, applicant(s) [2021-418].) The following RESOLUTION 21-R-PH-34 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-PH-34 fixing the time for Public Hearings to consider (1) adoption of a Plan of Services for and annexation of approximately 15.6 acres located north of DeJarnette Lane and (2) zoning of approximately 9.5 acres located north of DeJarnette Lane to Planned Institutional Development (PND) District (Providence Christian Academy Athletic Facility PND), which have been proposed to be annexed to the City of Murfreesboro, Tennessee, and re-zoning of approximately 9.5 acres from Single-Family Residential Fifteen (RS-15) District to Planned Institutional Development (PND) District; Calvary Baptist Church and Providence Christian Academy, applicant(s) [2021-507 & 2021-420].) The following RESOLUTION 21-R-PH-35 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  October 21, 2021 Page 5 Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 21-R-PH-35 fixing the time for Public Hearings to consider (1) adoption of a Plan of Services for and annexation of approximately 2.4 acres located south of South Rutherford Boulevard and (2) zoning of approximately 2.4 acres located south of South Rutherford Boulevard to Heavy Industrial (H-I) District; which have been proposed to be annexed to the City of Murfreesboro, Tennessee, James Allen Huskey, applicant [2021-508 & 2021-421].) The following RESOLUTION 21-R-PH-36 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-PH-36 fixing the time for holding a Public Hearing with respect to the proposed amendment of the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, constituting a part of said Ordinance, as heretofore amended and as now in force and effect, so as to consider a proposed amendment to rezone approximately 29.1 acres located along Franklin Road from Single-Family Residential Twelve (RS-12) District and Single-Family Residential Fifteen (RS-15) District to Single-Family Residential Eight (RS-8) District and approximately 4.5 acres from Single-Family Residential Fifteen (RS-15) District to Commercial Fringe (CF); Lennar Homes of Tennessee, LLC, applicant [2021-419].) The following RESOLUTION 21-R-PH-37 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  October 21, 2021 Page 6 (Insert RESOLUTION 21-R-PH-37 fixing the time for a Public Hearing to consider adoption of a Plan of Services for and annexation of approximately 85 linear feet located along Parkwood Drive ROW, 140 linear feet located along Woodcrest Drive ROW, and 100 linear feet located along Westridge Drive ROW, which have been proposed to be annexed to the City of Murfreesboro, Tennessee, Rutherford County Engineering Department, applicant(s) [2021-509].) The following RESOLUTION 21-R-PH-38 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-PH-38 fixing the time for holding a Public Hearing with respect to amending the Murfreesboro City Code, Appendix A – Zoning, Sections 13 and 24, dealing with Planned Development Regulations and City Core Overlay District Regulations, City of Murfreesboro Planning Department, applicant [2021-801].) The following RESOLUTION 21-R-PH-39 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-PH-39 fixing the time for a Public Hearing to consider adoption of a Plan of Services for and annexation of approximately 123 acres located along Veals Road and Double Spring Road and rights-of-way of approximately 2,400 linear feet of Veals Road and 2,430 linear feet of Double Spring Road, which have been proposed to be annexed to the City of Murfreesboro, Tennessee, Hall Family Real Estate Partnership, applicant(s) [2021-510].) The following letter from the Project Development Director was presented to the Council: (Insert letter dated October 21, 2021 here with regards to reimbursement Resolution – Fire Administration Building Expenses.)  October 21, 2021 Page 7 The following RESOLUTION 21-R-33 was read to the Council and offered for adoption upon motion made by Mr. LaLance, 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-33 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the design and engineering of a new Fire Administration Building at 701 Bridge Avenue before the City borrows for the FY22 CIP be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) The following letter from the Project Development Director was presented to the Council: (Insert letter dated October 21, 2021 here with regards to reimbursement Resolution – City Hall Parking Garage Sprinkler renovation.) The following RESOLUTION 21-R-35 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-35 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the City Hall Parking Garage Sprinkler Renovation Project, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) The following letter from the Project Development Director was presented to the Council: (Insert letter dated October 21, 2021 here with regards to Contract for City Hall Parking Garage Sprinkler renovation.) Mr. Ron Duggin, Project Development Director, presented the request to approve the Construction Contract with Rice Construction Co. LLC in the amount of $365,945 for  October 21, 2021 Page 8 renovation of the City Hall Parking Garage sprinkler system, funded by the CIP with $115,273 being reimbursed by the County. Mr. LaLance made a motion to approve the Construction Contract with Rice Construction Co. LLC in the amount of $365,945 for renovation of the City Hall Parking Garage sprinkler system, funded by the CIP with $115,273 being reimbursed by the County. Mr. Martin seconded the motion 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 October 21, 2021 here with regards to Contract for McKnight Softball Complex fence replacement.) Mr. Nate Williams, Parks and Recreation Director, presented the request to approve the Construction Contract with Premier Fence LLC in the amount of $375,615 for replacement of the fence and the McKnight Softball Complex, funded by the CIP. Mr. Shacklett made a motion to approve the Construction Contract with Premier Fence LLC in the amount of $375,615 for replacement of the fence and the McKnight Softball Complex, funded by the CIP. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Chief of Police was presented to the Council: (Insert letter dated October 21, 2021 here with regards to purchase of threat plates for body armor.) Mr. Michael Bowen, Chief of Police, presented the request to approve the Purchase Agreement with Galls, LLC in the amount of $133,644, funded by a combination of the State Direct Allocation Grant and the Felony Fund, for 516 threat plates for police body armor. Mr. LaLance made a motion to approve the Purchase Agreement with Galls, LLC in the amount of $133,644, funded by a combination of the State Direct Allocation Grant and the Felony Fund, for 516 threat plates for police body armor. 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 October 21, 2021 here with regards to small-scale Biosolids dryer Contract Amendment.) Mr. Darren Gore, Assistant City Manager, presented the request of the Water Resources Department to approve the Contract Addendum with Gryphon Environmental, LLC to allow the company a 30-month payback period for a refund to the City of $657,145 for the small-scale biosolids dryer which failed to meet performance specifications. Mr. Wade made a motion to approve the Contract Addendum with Gryphon Environmental, LLC to allow the company a 30-month payback period for a refund to the  October 21, 2021 Page 9 City of $657,145 for the small-scale biosolids dryer which failed to meet performance specifications. Mr. LaLance 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 October 21, 2021 here with regards to Water Resource Recovery Facility Tractor purchase.) Mr. Darren Gore, Assistant City Manager, presented the request of the Water Resources Department to approve the Purchase Contract with TriGreen Equipment LLC in the amount of $62,274, funded by the department’s CIP, for a tractor and accessories. Mr. LaLance made a motion to approve the Purchase Contract with TriGreen Equipment LLC in the amount of $62,274, funded by the department’s CIP, for a tractor and accessories. Mr. Shacklett 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 October 21, 2021 here with regards to Water & Sewer Line materials purchase.) Mr. Darren Gore, Assistant City Manager, presented the request of the Water Resources Department to approve the Purchase Agreement with Southern Pipe and Supply Inc. in the amount of $155,354, funded by the O&M Budget Water Line and O&M Budget Sewer Lines, for materials necessary to upgrade the water and sewer lines located on Leaf Ave, Harrison Ave, Rose Ave, Boston St, and Clover Ave. Mr. LaLance made a motion to approve the Purchase Agreement with Southern Pipe and Supply Inc. in the amount of $155,354, funded by the O&M Budget Water Line and O&M Budget Sewer Lines, for materials necessary to upgrade the water and sewer lines located on Leaf Ave, Harrison Ave, Rose Ave, Boston St, and Clover Ave. Mr. Martin 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 October 21, 2021 here with regards to Beer Permit Applications for Cajun Steamer Bar & Grill, 2108 Medical Center Pkwy., Ste. G; Slim & Husky’s, 2222 Medical Center Pkwy., Ste. A; More 4 Less, 728 Memorial Blvd.; Smoke 4 Less, 2840 Tennessee Blvd.; Discount Zone, 1703 Bradyville Pke.; Nirvana Bar and Lounge, 1432 Memorial Blvd. and a Special Event Permit for Charity Circle of Murfreesboro on 11/05/21 at 1715 Riverview Dr.) Mr. Martin made a motion to approve the Beer Permits, pending Building and Codes approval, for Cajun Steamer Bar & Grill, 2108 Medical Center Parkway, Suite G (New Location); Slim & Husky’s, 2222 Medical Center Parkway, Suite A (Ownership & Name Change); More 4 Less, 728 Memorial Boulevard (Ownership & Name Change); Smoke 4  October 21, 2021 Page 10 Less, 2840 Tennessee Boulevard (Ownership & Name Change); Discount Zone, 1703 Bradyville Pike (New Location); Nirvana Bar and Lounge, 1432 Memorial Boulevard (New Location) and a Special Event Permit for Charity Circle of Murfreesboro on 11/05/21 at 1715 Riverview Drive. Mr. Wright seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director announced that there were no statements nor any board or commission appointments to consider. Under other business the following letter from the Assistant City Manager was presented to the Council: (Insert letter dated October 21, 2021 here with regards to Fiscal Year 2022 Personnel Budget Amendment.) Mr. Darren Gore, Assistant City Manager, presented the request of the Water Resources Department to eliminate the full-time Effective Utility Management (EUM) Coordinator position within the department and approve Task Order 2141013.0 with Smith Seckman Reid, Inc. to create a part-time contractor position to perform certain duties that the EUM formerly performed. Mr. Wade made a motion to eliminate the full-time Effective Utility Management (EUM) Coordinator position withing the department and approve Task Order 2141013.0 with Smith Seckman Reid, Inc. to create a part-time contractor position to perform certain duties that the EUM formerly performed. Mr. Wright seconded the motion and all members of the Council voted “Aye”. Mayor McFarland thanked Employee Services Director, Ms. Pam Russell, for her years of service to the City and recognized the members of Leadership Rutherford who were in attendance at the meeting. There being no further business, Mayor McFarland adjourned this meeting at 6:27 p.m. _____ ATTEST: SHANE MCFARLAND – MAYOR JENNIFER BROWN - CITY RECORDER