City Council

City of Murfreesboro City Council- Regular Session Thursday, March 2, 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 6:00 p.m. on Thursday, March 2, 2023. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright 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 Margaret Ann Green, Principal Planner Sam Huddleston, Executive Director of Development Services Marina Rush, Principal Planner Chad Gehrke, Airport Director Mark McCluskey, Fire Rescue Chief Gerald Lee, GIS Director Tracy Brown, Street Department Assistant Director Jim Kerr, Transportation Director Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Madelyn Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. FY23 City Manager Approved Budget Amendments (Finance) 2. Donation of Used Equipment to Various Law Enforcement Agencies (Police) 3. BG Jones & Company, LLC Contract Amendment No. 1 for the Bradyville Pike Reconstruction (Transportation) 4 . Contract Amendment with Kimley Horn for the Memorial Boulevard Traffic Signal Improvements Project (Transportation) City Council Meeting Minutes March 2, 2023, 6:00 pm Page 1 of 15  5. Gregory Peck and Associates Contract Amendment No. 2 for Bradyville Pike Reconstruction (Transportation) 6. Pipe and Materials for Dr. Martin Luther King Jr. Boulevard Project (Water Resources) Vice Mayor Shacklett made a motion to approve the Consent Agenda. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Old Business Ordinance 7. Ordinance 23-0-10 (2nd and Final Reading). The ordinance titled "ORDINANCE 23-0-10 amending the Murfreesboro City Code, Chapter 21.5, Parks and Recreation, Articles II and Ill, creating a Tennis Commission" which passed its first reading on February 16, 2023, was offered for passage on its second and final reading. Mr. Wright made a motion to approve Ordinance 23-0-10. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 8. Ordinance 23-0-06 (2nd and Final Reading). The ordinance titled "ORDINANCE 23-0-06 amending the Murfreesboro City Code, Chapter 2, Administration, Article IX, Sections 2-161 through 2-165, creating the Murfreesboro Community Investment Trust's Committee on Contributions" which passed its first reading on February 2, 2023, was offered for passage on its second and final reading. Mr. Wade made a motion to approve Ordinance 23-0-06. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Resolution City Council Meeting Minutes March 2, 2023, 6:00 pm Page 2 of 15  9. Resolution 23-R-02. Randolph Wilkerson, Employee Services Director, presented a Council Communication summarizing two Public Entity Partners grants and the allocation of those funds. The resolution titled, "RESOLUTION 23-R-02 Authorizing the City of Murfreesboro to participate in Public Entity Partners Safety Partners Matching Grant Program and Cyber Security Matching Grant Program" was offered for passage on its first and only reading. Ms. Scales Harris made a motion to approve Resolution 23-R-02. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Ordinance 10a. Public Hearing 23-0-01 {Salem Highway and Barfield Road Special Sanitary Sewer Assessment District). Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication regarding a revision to the Salem Highway and Barfield Road Sanitary Sewer Special Assessment District to recoup expenses associated with sewer improvements in the area. Mayor McFarland stated that a public hearing was necessary. Mayor McFarland initiated the public hearing, welcoming comments on the assessment revision. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 10b. Ordinance 23-0-01 {1st Reading). The ordinance titled, "ORDINANCE 23-0-01 amending Chapter 33 of the Murfreesboro City Code by amending Section 33-205, revising a sanitary sewer special assessment district known as the Salem Highway and Barfield Road Sanitary Sewer Special Assessment District" was offered for passage on its first reading. Mr. Maxwell made a motion to approve Ordinance 23-0-01. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Land Use Matters 11a. Public Hearing 23-02-02 {Rezoning property along Memorial Boulevard). Margaret Ann Green, Principal Planner, presented the recommendation of the Planning Commission to approve Ordinance 23-OZ-02 on first reading to rezone property on Memorial Boulevard. B&N Patel City Council Meeting Minutes March 2, 2023, 6:00 pm Page 3 of 15 submitted a zoning application [2022-426] for approximately 4.1 acres located along the East side of Memorial Boulevard to be rezoned from Single Family Residential Fifteen (RS-15) District to Planned Commercial Development (PCD) District. Matt Taylor of Sight Engineering Consultants, Inc. (SEC) presented a PowerPoint presentation regarding plans for the project called Memorial Plaza and discussed the need for zoning changes. Mayor McFarland stated a public hearing was needed. Mayor McFarland initiated a public hearing, welcoming comments on the rezoning. The following individuals addressed the Council: 1. Robert Fowler, 129 Brentmeade Drive, stated that he is not concerned about the development itself, but is concerned about the traffic in the area. He asked Council to reconsider using the Brentmeade stub. 2. Harold Richardson, 133 Brentmeade Drive, is opposed to the rezoning. He is asking the Council to consider traffic issues on Brentmeade Drive when making their decision. Mayor McFarland asked if anyone else wished to speak on the matter. Despite sufficient time for input, no additional attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 11b. Ordinance 23-02-02 (1st Reading). The ordinance titled, "ORDINANCE 23-OZ-02 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 4.1 acres located east of Memorial Boulevard from Single-Family Residential Fifteen (RS-15) District to Planned Commercial Development (PCD) District (Memorial Plaza PCD); B & N Patel, applicant, [2022-426]." was offered for passage on first reading. Mr. Wright made a motion to approve Ordinance 24-OZ-02. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 12a. Public Hearing of 23-R-PS-03 and 23-R-A-03 (Plan of Services for and Annexation of approximately 0.81 acres located along South Church Street and Highfield Drive). Marina Rush, Principal Planner, presented a Council Communication with the recommendation of the Planning Commission to approve resolutions 23-R-PS-03 and 23-R-A-03 pertaining to the Plan of Services and Annexation of 0.81 acres located at the corner of South Church Street and Highfield Drive (Tax Map City Council Meeting Minutes March 2, 2023, 6:00 pm Page 4 of 15 Parcel 1250, Group A, Parcel 00300; Highfield Drive ROW). Ms. Rush stated a public hearing was needed. Mayor McFarland announced that he would be abstaining from discussion on the plan of services. annexation and zoning on this item. Mayor McFarland initiated a public hearing, welcoming comments on the plan of services and annexation. He explained that this public hearing would be separate from the zoning public hearing. Mayor McFarland asked if anyone wished to speak on the matter. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 12b. Resolution 23-R-PS-03 Plan of Services. The resolution titled, "RESOLUTION 23-R- PS-03 to adopt a Plan of Services for approximately 0.81 acres located along South Church Street and Highfield Drive, Sam Williard, applicant [2022-507]" was offered for passage on its first and only reading. Ms. Averwater made a motion to approve Resolution 23-R-PS-03. Vice Mayor Shacklett seconded the motion. Upon roll call, the resolution was passed on its first and only reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright Nay: None Abstain: Shane McFarland 12c. Resolution 23-R-A-03 Annexation. The resolution titled "RESOLUTION 23-R-A-03 to annex approximately 0.81 acres located along South Church Street and Highfield Drive (Tax Map 1250, Parcel 00300), and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee, Sam Williard, applicant [2022-507]" was offered for passage on its first and only reading. Mr. Wright made a motion to approve Resolution 23-R-A-03. Ms. Averwater seconded the motion. Upon roll call, the resolution was passed on its first and only reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 12d. Public Hearing 23-02-03 (Rezoning property along South Church Street) Marina Rush, Principal Planner, presented the companion rezoning recommendation to Planned City Council Meeting Minutes March 2, 2023, 6:00 pm Page 5 of 15 Commercial Development (PCD), simultaneous with annexation. The Planning Commission approved the rezoning after holding a public hearing on January 11, 2023. MattTaylor, applicant representative, from Site Engineering Consultants Incorporated, (SEC) presented a PowerPoint presentation on the building design for the project called South Church Corner. Mayor McFarland opened the floor to questions from the Council. Seeing no questions, Mayor McFarland stated a public hearing was necessary and initiated the public hearing, welcoming comments on the rezoning. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 12e. Ordinance 23-02-03 (1st Reading). The ordinance titled, "ORDINANCE 23-OZ- 03 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 0.81 acres located along South Church Street and Highfield Drive as Planned Commercial Development (PCD); Salem Investment Properties, applicant [2022-428]" was offered for passage on first reading. Ms. Averwater made a motion to approve Ordinance 23-OZ-03. Mr. Wade seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright Nay: None Abstain: Shane McFarland 13a. Public Hearing of Resolution 23-R-PS-04 and Resolution 23-R-A-04 (Plan of Services for and Annexation of property along Butler Drive). Marina Rush, Principal Planner, presented a Council Communication with the recommendation of the Planning Commission to approve resolutions 23-R-PS-04 and 23-R-A-03 pertaining to the Plan of Services and Annexation for approximately 22.32 acres located along the west side of Butler Drive and North of Joe B. Jackson Boulevard. Ms. Rush stated a public hearing was needed on this matter. Mayor McFarland initiated a public hearing on the Plan of Services and Annexation, welcoming those interesting in speaking to come to the podium. The following individuals addressed the Council. 1. Sherry King Murray owns property in the area and is opposed to annexation of the property as she is concerned about how the annexation will affect her surrounding property. City Council Meeting Minutes March 2, 2023, 6:00 pm Page 6 of 15  2. Randall Upchurch, 5838 Elam Road, is opposed to the zoning explaining how it might affect the surrounding property owners. Mayor McFarland stopped Mr. Upchurch and told him that he was welcome to continue speaking, but what he was talking about was more relevant to the zoning and not the annexation and plan of services, if he would like to wait and speak then. Mr. Upchurch decided to wait to speak at the zoning public hearing. Mayor McFarland asked if anyone else wished to speak on the annexation and plan of services. Despite sufficient time for input, no additional attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 13b. Resolution 23-R-PS-04. The resolution titled, "RESOLUTION 23-R-PS-04 to adopt a Plan of Services for approximately 22.32 acres located along the West side of Butler Drive and North of Joe B Jackson Boulevard, City of Murfreesboro Administration, applicant [2022-508]" was offered for passage on its first and only reading. Ms. Averwater made a motion to approve Resolution 24-R-PS-04. Mr. Wright seconded the motion. Upon roll call, the resolution was passed on its first and only reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Shawn Wright, Shane McFarland Nay: Austin Maxwell, Kirt Wade 13c. Resolution 23-R-A-04 Annexation. The resolution titled, "RESOLUTION 23-R-A-04 to annex approximately 22.3 acres located on Butler Drive, (Tax Map 126, Parcel 0460], and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee, City of Murfreesboro Administration, applicant [2022-508]" was offered for passage on its first and only reading. Mr. Wright made a motion to approve Resolution 23-R-A-04. Ms. Averwater seconded the motion. Upon roll call, the resolution was passed on its first and only reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Shawn Wright, Shane McFarland Nay: Austin Maxwell, Kirt Wade 13d. Public Hearing of 23-OZ-04. Marina Rush, Principal Planner, presented the recommendation of the Planning Commission to approve Ordinance 23-OZ-04 pertaining to zoning property along Butler Drive as Heavy Industrial (HI) district. She stated that a public hearing was requested on the zoning. City Council Meeting Minutes March 2, 2023, 6:00 pm Page 7 of 15  Darren Gore, Assistant City Manager/ Director of Water Resources, indicated that he lives at 2922 Chato Court and has been an Indian Hills resident since 1999. Mr. Gore presented a PowerPoint presentation regarding the WastAway project, and the steps taken to make sure this is a viable project for the City of Murfreesboro. He responded with corrections to a neighborhood flyer that had been distributed with incorrect information about the project. Council asked and Mr. Gore answered questions regarding the Wastaway project. Mayor McFarland initiated the public hearing and explained any questions Council would request answered after the public hearing. He invited those present who wished to speak for or against rezoning property along Butler Drive to step forward to the lectern. The following individuals addressed the Council. 1. Tommy Angelo, 3339 Mosey Lane, is opposed to the rezoning and stated that WastAway is a new company with little public information and a new process. He questioned whether other communities of Murfreesboro's size are using waste forth is purpose. 2. Randall Upchurch, 5838 Elam Road, is opposed to the rezoning. He is concerned about Riverdale and Buchanan Schools, a day care, and Stones River that are close to the proposed installation and is concerned it will not be safe and will negatively affect the health of the people in the area. Cynthia Upchurch was also present, but did not speak. 3. Sherry King Murray, 2048 Butler Drive, is opposed to the rezoning and is concerned about the truck traffic on Butler Drive and the smell of the project. 4. David Wetter, 2998 Taunton Court, is opposed to the rezoning and is concerned about how liquid, glass, metal, ash and other byproducts would be processed and handled and how many trucks would be needed to transport the byproducts. 5. Glenda Victory, 531 Council Bluff Pkwy, is opposed to the rezoning. She is concerned about the traffic on Church Street, what will happen to excess trash that cannot be processed and what is currently happening on the property. 6. J.D. Strickland, 2809 Schoolside Street, is opposed to the rezoning and is concerned about the traffic in the area and the smell. 7. Paul Sanders, 3028 Beaufort Street, is opposed to the rezoning and is concerned about traffic in the area and concerns about the byproduct hydrogen sulfide gas because it is explosive. City Council Meeting Minutes March 2, 2023, 6:00 pm Page 8 of 15 8. Phylis Wade, 438 Golf View Court, is opposed to the rezoning and is concerned about the smell, whether this is the initial stage of the facility or if there will be expansion of the facility. She also expressed concern and asked questions about SEC Fuel. 9. Vicki Twitty, 2915 Warpaint Court, is opposed to the rezoning and is concerned about property values being negatively impacted. 10. Terry Sanders, 3028 Beaufort Street, is opposed to the rezoning and is concerned about placing it in an established neighborhood area. She stated she would like to see it in an undeveloped area. She is concerned about its proximity and additional concerns. 11. Beth Hall, Indian Hills, is opposed to the rezoning and is concerned about the traffic at 231 and the smell. She questioned whether Buccee's knows about the project. 12. Ken Austin, HOA President for Crossings at Savannah Ridge, 373 Golf View Court, is opposed to the rezoning and is concerned about the traffic issues involved. He also thanked the council for all the work that has been done on this project. 13. Gary Bagget, 1437 Haynes Drive, is opposed to the rezoning issues already brought up by others and expressed concerns about the contract with WasteAway. 14. Melissa Thomas, Savannah Ridge, is opposed to the rezoning and is wondering where else this has been done and if there are any case studies. 15. Patty Kinnie, 2739 American Horse Trail, is opposed to the rezoning and has questions about visibility of the facility from her home. 16. Mike Rundell, 240 South Forsyth in Savannah Ridge, is opposed to the rezoning and has related questions to previous speakers. 17. Mike Stroud, 193 Red Jacket Trace in Indian Hills, is opposed to the rezoning and is concerned about how anaerobic processes work. 18. Jo Ella Wade, 438 Golf View Court, is opposed to the rezoning and is concerned that there will be accidents at the facility that will have a negative impact on the surrounding area. 19. Don Mitchell, 2626 Big Eagle Trail, is opposed to the rezoning and is concerned about the reliability of an unknown company. 20. Michelle England, 416 Golf View Court, is opposed to the rezoning and is concerned about what will happen if WastAway fails. City Council Meeting Minutes March 2, 2023, 6:00 pm Page 9 of 15  Despite sufficient time for input, no additional attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. Mayor McFarland asked Mr. Gore and Mr. Huddleston to respond to questions from the public and addressed those present to assure them that a great deal of considerations, research and discussion regarding this project had occurred over the past several months. Mr. Gore and Mr. Huddleston responded to the questions presented by Council members. Council discussion ensued. Mayor McFarland asked Council if they had any additional questions. Mayor McFarland addressed the need for a facility for solid waste. 13e. Ordinance 23-02-04 (1st Reading). The ordinance titled, "ORDINANCE 23-OZ-04 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 22.3 acres along Butler Drive as Heavy Industrial (H-I) District, simultaneous with annexation; City of Murfreesboro Administration Department, applicant (2022-429]" was offered for passage on first reading. Mr. Wright made a motion to approve Ordinance 24-OZ-04. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: Austin Maxwell, Kirt Wade Abstain: Madelyn Scales Harris Mayor McFarland recessed the meeting at 9:00 p.m. and then reconvened at 9:07 p.m. 14a. Public Hearing for Ordinance 23-02-05 (Rezoning property along West Thompson Lane). Margaret Ann Green, Principal Planner, presented a Council Communication regarding rezoning property along West Thompson Lane. Matt Taylor, Sight Engineering Consultants, Inc. (SEC), presented a PowerPoint presentation presented the development plan and the need for rezoning. Mr. Maxwell asked about HOA requirements on purpose use of homes once sold. Mr. Taylor stated that they will not sell to bulk buyers. Mayor McFarland initiated a public hearing, welcoming comments for or against the rezoning. Mayor McFarland then declared the public hearing open, inviting those present who wished to speak for or against rezoning property west of Memorial Boulevard to step forward to the lectern. The following individuals addressed the Council. City Council Meeting Minutes March 2, 2023, 6:00 pm Page 10 of 15  1. Mel Simpson, president of the King's Landing HOA, was concerned about a buffer between the development, the existing community and potential access to the community pool. Despite sufficient time for input, no additional attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 14b. Ordinance 23-02-05 (First Reading). An ordinance, entitled "Ordinance 23-OZ-05 Rezoning Property along West Thompson Road," was presented to the City Council and offered for passage on first reading. Salem Investment Partners presented to the City a zoning application [2022- 428] for the same property to be zoned PCD (Planned Commercial District) simultaneous with annexation. Vice Mayor Shacklett made a motion to approve Ordinance 23-02-05. Ms. Scales Harris seconded the motion. Upon roll call, the ordinance was passed on first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 15. Revised Study Area for Highway 99 Annexation. Marina Rush, Principal Planner, presented a Council Communication requesting Council revise the study area for the Highway 99 annexation, previously scheduled for a public hearing on April 6, 2023, at Council's February 16, 2023, meeting to only include the Highway 99 right-of-way and to exclude the adjacent Rutherford County Schools parcels. Mr. Wright made a motion to approve the public hearing scheduling request. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None On Motion 16. Design Maintenance of Runway at Murfreesboro Municipal Airport. Chad Gehrke, Airport Director, presented a Council Communication and documents requesting Council approve a professional services agreement with Barge Design Solutions, Inc. for the design of the Stopway at the end of the displaced Runway 36 and approve reallocation of $550,000 in funding to the Airport Pavement Project. City Council Meeting Minutes March 2, 2023, 6:00 pm Page11of15  Ms. Averwater made a motion to approve the agreement and funding reallocation. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 17. Purchase of Fire Rescue Truck. Mark McCluskey, Fire Chief, presented a Council Communication requesting the purchase of a 2023 GMC Sierra Truck 2500HD and contract for the purchase with Wilson County Motors, LLC in the amount of $32,603. Mr. Maxwell made a motion to approve the purchase and contract. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 18. Purchase 2023 LiDAR and Design Grade 1-foot Contours. Gerald Lee, GIS Coordinator, presented a Council Communication proposal to purchase 2023 LiDAR and Design Grade 1-foot Contours at a cost of $203,729.30. Mr. Lee requested approval of a professional services agreement with Woolpert, Inc. Mr. Maxwell made a motion to approve the purchase and agreement. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 19. Purchase of Tractor with Side Rotary Mower. Tracy Brown, Street Department Assistant Director, presented a Council Communication regarding a proposal to purchase a tractor with Side Rotary Mower from Dickson County Equipment Company, Inc. at a cost of $99,116. Ms. Brown requested Council approve the purchase and contract. Ms. Scales Harris made a motion to approve the purchase and contract. Mr. Maxwell seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes March 2, 2023, 6:00 pm Page 12 of 15  20. Lascassas Highway Transportation Investment Report Amendment No. 1. Jim Kerr, Transportation Director, presented a Council Communication and proposal to approve Amendment No. 1 to the Contract for Transportation Investment Report (TIR) with The Corradino Group, Inc. for the proposed widening of Lascassas Highway. This was requested because TDOT's requirements for the report have changed, so these with changed the contract from lump sum to paying for hourly not to exceed. The amendment will not exceed the previously approved amount of $98,200. Mr. Wright made a motion to approve the contract amendment. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 21. Old Fort Parkway Transportation Investment Report Amendment No. 1. Jim Kerr, Transportation Director, presented a Council Communication and proposal to approve Amendment No. 1 to the Contract for Transportation Investment Report (TIR) with Kimley-Horn and Associates, Inc. for the proposed widening of Old Fort Pkwy in amount of $129,400. Mr. Maxwell made a motion to approve the contract amendment. Ms. Scates Harris seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 22. Cherry Lane Phase 3 Amendment No. 2 Design Services Contract. Jim Kerr, Transportation Director, presented a Council Communication regarding Cherry Lane Phase 3 Amendment No. 2 Design Services Contract. Mr. Kerr requested Council approve Amendment No. 2 to the Cherry Lane Phase 3 Design Services Contract with Wiser Consultants, LLC, subject to Legal Department approval. The additional services total $233,762, which would raise the contract ceiling to $2,702,985. Ms. Scates Harris made a motion to approve the contract amendment. Mr. Maxwell seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments City Council Meeting Minutes March 2, 2023, 6:00 pm Page 13 of 15  23 and 24. Golf Commission and Tennis Commission. Mayor McFarland presented a Council Communication regarding Golf Commission reappointments and Tennis commission appointments. Mayor McFarland requested Council approve Golf Commission reappointments of Don Turner and Allen Richardson, with terms expiring on January 31, 2025. Mayor McFarland requested Council approve the following appointments to the newly created Tennis Commission: Rick Lalance Mary Elam Polk Hollie Baker Dee Jernigan Newton Malloy Robert White Chris Massaro Dr. Gloria Bonner, Ex-officio Park & Recreation Commission Shawn Wright, Ex-officio City Council Mayor McFarland presented Dee Jernigan as nominee for the Tennis Commission Chair and requested Council approve the Chair appointment and Councilmen Wright as Council representative. Ms. Scales Haris made a motion to approve the appointments. Mr. Wade seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Licensing Beer Permits. Mayor McFarland inquired of Jennifer Brown, City Recorder/ Finance Director, whether there were any beer permits to be presented for approval. Ms. Brown stated there were quite a few. Four regular permits for a brewery/tap room with an ownership, name, and permit type change at 2476 Old Fort Parkway, two new locations for a grocery/ market at 200 South Maney Avenue and a restaurant at 161 o Bradyville Pike, Suite B and a new catering permit for a restaurant/night club at 302 West Main Street. A special event permit for an event for Discovery Center on March 3, 2023. Applicants met requirements for a permit and were recommended for approval pending building and codes final inspections. Mr. Wade made a motion to approve the beer permits. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland City Council Meeting Minutes March 2, 2023, 6:00 pm Page 14of 15  Nay: None Payment of Statements Jennifer Brown, City Recorder/Finance Director, stated that there was a payment of statements payable to Rutherford County Circuit Clerk for $50,500.00 to be paid from the General Fund FY23 Economic Development Operating Budget. Roman Hankins, Deputy City Attorney emailed Council regarding this payable. Mr. Maxwell made a motion to approve the payment of statements. Ms. Averwater seconded the motion. Upon roll call, the motion was approved by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Other Business Craig Tindall, City Manager, announced there would be a Council workshop meeting on Wednesday, March 8, 2023, at the Airport. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 9:37 p.m. SHANE MCFARLAND MAYOR ATTEST: City Council Meeting Minutes March 2, 2023, 6:00 pm Page 15 of 15