City Council

City of Murfreesboro City Council - Regular Session Thursday, February 16, 2023, at 6:00 pm City Council Chambers T E N N E S S E E 111 West Vine Street Murfreesboro, Tennessee MINUTES 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 6:02 p.m. on Thursday, February 16, 2023. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Bill Shacklett Shawn Wright Madelyn Scales Harris, Austin Maxwell and Kirt Wade were absent and excused from this meeting. City Representatives Present Craig Tindall, City Manager Adam Tucker, City Attorney Jennifer Brown , City Recorder/ Finance Director Darren Gore, Assistant City Manager/ Water Resources Director Randolph Wilkerson, Employee Services Director Jim Kerr, Transportation Director Matthew Blomeley, Assistant Planning Director Michele Emerson, City Engineer Matt Jarratt, Information Technology Director Brad Hennessee, Facilities Manager Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order and recognized Chief Warrant Officer Daniel Wad ham and Chief Warrant Officer Danny Randolph, two military pilots killed in a helicopter crash. Mayor McFarland then led with prayer followed by the Pledge of Allegiance. Ceremonial Items STARS Award for February 2023. Randolph Wilkerson, Employee Services Director, presented the STARS Award for February 2023 upon Firefighters Josh Walker and Daniel Carter of the Fire Rescue Department. These two City of Murfreesboro firefighters responded to the scene of a traffic accident, provided invaluable help in the incident and were commended for their skill and professionalism. Mayor McFarland thanked the families for supporting their loved ones in serving the people of Murfreesboro. City Council Meeting Minutes Februa ry 16, 2023, 6:00 pm Page 1 of 7  Recognition of Chef Alex Belew. Mayor McFarland outlined the history of Chef Alex Belew's impact on the food service industry in Murfreesboro. He commended Mr. Belew on his success in winning the Hell's Kitchen Season 21 competition and presented him with the Key to the City. Mr. Belew thanked his family and the City. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. Homeowner Rehabilitation - 416 South Highland Avenue (Community Development) 2. Mandatory Referral for Abandonment of Drainage and Sanitary Sewer and Waterline Easements along Stonecenter Lane (Planning) 3. Mandatory Referral for Abandonment of Sanitary Sewer Easement along Franklin Road (Planning) 4. RF CSP Approval for Downtown Parking Wayfinding Program Design Services (Purchasing) 5. Asphalt and Concrete Purchase Report (Street) 6. MWRD Operations & Maintenance Vehicle Purchase (Water Resources) Ms. Averwater made a motion to approve the Consent Agenda. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None New Business Land use Matters 7. Planning Commission Recommendations. Matthew Blomeley, Assistant Planning Director, presented a Council Communication regarding the following items recommended for approval by the Planning Commission on February 1, 2023. a. Zoning application [2022-427] for approximately 9.8 acres located along the east side of Agripark Drive to be rezoned from CH to PRO (Arden at Murfreesboro PRO), FC Murfreesboro, LLC applicant. b. Zoning Ordinance amendment [2023-801 J regarding amendments to Section 34: Floodplain Zoning, City of Murfreesboro Planning Department applicant. c. Annexation petition and plan of services [2023-501] for approximately 146 acres located along Highway 99 south of Clea ridge Drive, City of Murfreesboro applicant. Mr. Blomeley stated that public hearings were required and requested Council set the public hearings for April 6, 2023. Ms. Averwater made a motion to approve the planning commission recommendations setting public hearing for April 6, 2023. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes February 16, 2023, 6:00 pm Page 2 of 7  Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None On Motion 8. Presentation of FY2022 Annual Audit Report. Jennifer Brown, Finance Director/ City Recorder, presented a Council Communication regarding Presentation of Annual Audit Report. James R. Jobe of Jobe, Hastings, & Associates presented the FY2022 Annual Comprehensive Financial Report (ACFR) to the Council. Mr. Jobe noted that the total net position was $1.1 Band the unassigned fund balance totals $123M which is almost 95% of the annual City's expenditures. The ACFR report will be submitted for an award again this year for excellence in financial reporting. Mayor McFarland commented on the excellent work City Staff had done to decrease expenses. This information was provided to Council as notification only and no vote was necessary. 9. Brinkley Road Change Order #2. Michele Emerson, City Engineer, presented a Council Communication regarding Brinkley Road Improvement Project - Change Order #2. Ms. Emerson requested Council approve Changer Order #2 with Bell and Associates, LLC for the Brinkley Road Phase 1 project for the addition of bridge drains to the existing contract. The amount of the change order was $3,667. Ms. Averwater made a motion to approve Change Order #2. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None 10. Butler Drive ROW and Easements for Butler Drive Realignment Project. Michele Emerson, City Engineer, presented a Council Communication regarding the acquisition of right of way (ROW) and Easements for Butler Drive Realignment Project. Ms. Emerson requested approval of the Right of Way Acquisition contract with Greg Peck & Associates for acquiring property for the Butler Drive Realignment Project. Negotiations for the needed right of way and easements are pending. If agreements are not reached, staff recommend proceeding with condemnation after appraising the property and depositing the appraised value in court. Costs would include appraisal services and acquisition of right of way and easements. Mr. Wright made a motion to approve the Right of Way Acquisition Contract. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes February 16, 2023, 6:00 pm Page 3 of 7  11. Resolution 23-R-03 and Agreement between TOOT and the City for the South Church Street (SR 10) Bridge over CSX Railroad. Jim Kerr, Transportation Director, presented a Council Communication regarding Resolution 23-R-03 and an Agreement between TDOT and the City for the South Church Street (SR 10) Bridge over CSX Railroad. Mr. Kerr requested Council approve Resolution 23-R-03 permitting the City to enter into an Agreement between TDOT and the City for the South Church Street (SR 1O) Bridge over CSX Railroad. Mr. Wright made a motion to approve Resolution 23-R-03 to enter the Agreement with TDOT. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None 12. Cherry Lane Phase 3 Supplement Request for Right-of-Way (ROW) Acquisition. Jim Kerr, Transportation Director, presented a Council Communication regarding Cherry Lane Phase 3 Supplement Request for ROW Acquisition. Mr. Kerr presented a supplement request for ROW acquisition of Cherry Lane Phase 3 with Volkert, Inc. This would raise the current contract ceiling to $378,250. Funds are 80% federal and 20% local with local funds funded by FY19 CIP Budget. Vice Mayor Shacklett made a motion to approve the supplement request for right-of-way acquisition. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None 13. Bradyville Pike Reconstruction Supplement Request for Right-of- Way (ROW) Acquisition. Jim Kerr, Transportation Director, presented a Council Communication regarding Bradyville Pike Reconstruction Supplement Request for ROW Acquisition. Mr. Kerr presented a supplement request for ROW acquisition of Bradyville Pike Reconstruction with Volkert, Inc. This would raise the current contract ceiling to $471,000. Funds are 100% federal as the City has already met its contract obligations. Vice Mayor Shacklett made a motion to approve the right of way acquisition. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Licensing City Council Meeting Minutes February 16, 2023, 6:00 pm Page 4 of 7  Beer Permits. Jennifer Brown, City Recorder/ Finance Director presented four regular beer permits for Council approval. Beer permit requests included: 1) A restaurant with an ownership and name change at 1935 S. Church St, 2) A market with an ownership and name change at 235 N, Rutherford Blvd., 3) A new location for a restaurant/coffeeshop at 2412 E Main Street and 4) A new location for a restaurant/bar at 124 N Maple St. All applicants have met permit requirements and are recommended for approval pending building and codes final inspections. Ms. Averwater made a motion to approve the beer permits. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Payment of Statements No Payment of Statements to be approved. Other Business 14. Master Services Agreement (MSA) Low-Voltage Cabling Services. Matt Jarratt, Information Technology Director, presented a Council Communication regarding Master Services Agreement for Low-Voltage Cabling Services with LanLink Communications, LLC. Mr. Jarratt requested Council approve the agreement pending legal review. Vice Mayor Shacklett made a motion to approve the MSA with LanLink Communications, LLC, pending legal review. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Contract for Repair of Freeze Damage to Concessions Buildings. Brad Hennessee, Facilities Manager, presented a Council Communication and contract regarding the repair of freeze damage to concessions buildings at Barfield Cresent Park, Miracle Park, and Star Plex at McKnight Park. Mr. Hennessee requested the council approve a contract with New Creations Construction, LLC. New Creations Construction, LLC submitted the lowest responsible bid. Adam Tucker, City Attorney, provided clarification insurance will cover the balance of the estimated cost of $140,000 in repairs after $100,000 deductible paid by the City, while additional refurbishment will cost $30,000 and use funds from CIP for FY19 and FY20. This was added as other business because an emergency need to repair exists. City Council Meeting Minutes February 16, 2023, 6:00 pm Page 5 of 7  Mr. Wright made a motion to approve the contract. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Murfreesboro Water Resources Department (MWRD) Operations & Maintenance Vehicle Purchases. Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication regarding MWRD Operations & Maintenance Vehicle Purchase. Mr. Gore submitted a proposal to purchase three 2023 Chevrolet Silverado 2500 Crew Cab work trucks from Wilson County Motors to Council for approval. Due to low inventory, only one dealership responded to requests for quotes. Each vehicle is $38,513. This was added as other business because of the need to secure the quote received as soon as possible. Ms. Averwater made a motion to approve the purchases. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Water Resources Recovery Facility (WRRF) Aerator 2A Impeller Replacement Task Order 23-01. Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication regarding WRRF Aerator 2A Impeller Replacement. Mr. Gore submitted Task Order 23-01 with John Bouchard & Sons Co. and the purchase of equipment from Ovivo USA, LLC to the City Council for approval. The contract with John Bouchard will be $47,890 and the equipment will cost $96,042 for the impeller replacement and will be funded from MWRD's working capital reserves. This was added as other business because the previous equipment broke suddenly, and replacement is needed immediately. Mr. Wright made a motion to approve the Task Order 23-01 and equipment purchase. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Board & Commission Appointments Tennis Commission. Mayor McFarland presented a Council Communication regarding Ordinance 23-0-10 Creation of Tennis Commission. Mayor McFarland explained the need for the Tennis Commission and its advisory status. Dee Jernigan was recommended as Board Chair. City Council Meeting Minutes February 16, 2023, 6:00 pm Page 6 of 7  Mr. Wright made a motion to approve the appointments. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Other Business Craig Tindall, City Manager, announced there would not be a meeting next week due to a short week with the recognition of President's Day on Monday, February 20 , 2023. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 6:45 pm. SHANE MCFARLAND MAYOR ATTEST: TUCKER CITY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BYCOUNCILDilil:R.< \7,d,(i).~ / City Council Meeting Minutes Februa ry 16, 2023, 6:00 pm Page 7 of 7