City Council

City of Murfreesboro City Council- Regular Session Thursday, April 20, 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, April 20, 2023. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Kirt Wade Shawn Wright Vice Mayor Bill Shacklett was absent and excused from this meeting. City Representatives Present Craig Tindall, City Manager David Ives, Assistant City Attorney Jennifer Brown, City Recorder/ Finance Director Erin Tucker, Budget Director Darren Gore, Assistant City Manager/ Water Resources Director Sam Huddleston, Executive Director of Development Services Angela Jackson, Executive Director of Strategic Services Robert Holtz, Community Development Director Mark McCluskey, Fire Rescue Chief Michael Bowen, Police Chief Brad Hennessee, Facilities Maintenance Director Kyle Lingo, Fleet Service Assistant Director Jim Kerr, Transportation Director Dr. Trey Duke, City Schools Director Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order and 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. Investment Advisory & Consulting Agreement (Administration) 2. Lease for Wee Care Day Care (Administration) 3. Affordable Housing Progra'Tl Legacy Pointe Development (Community Development) 4. FY23 City Manager Approved Budget Amendments (Finance) City Counc il Meeting Minutes April 20, 2023, 6:00 pm Page 1 of 8  5. Purchase of Simunition Protection Equipment (Police) 6. Asphalt and Concrete Purchase Report (Street) 7. Main Street Banner Request (Street) Mr. Wade 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, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Old Business Ordinance 8. Ordinance 23-0-14 FY23 Budget Amendment (Second and Final Reading). The ordinance titled "ORDINANCE 23-0-14 amending the 2022-2023 Budget (6th Amendment)" which passed its first reading on April 12, 2023, was offered for passage on its second and fina l reading. Mr. Wright made a motion to approve Ordinance 23-0-13 on second and final reading. Mr. Wade 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, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 9. Ordinance 23-0-13 Development Impact Fees (Second and Final Reading). Mayor McFarland indicated that Council was sent an amended version of the ord inance prior to the meeting. Mr. Wright proposed three amendments to the development impact fee ordinance prior to second reading including: 1) moves the payment due date of the fees from issuance of building permit or if a development plan when the plan is finalized, the amendment language is in Section 16-6(A) and Section 16-9(A); 2) clarify application of the impact fee to ancillary residential structures such as garages, etc. and exempts those unless they are heated or air conditioned, which would make them inhabitable, the amendment language is in Section 16-6(A)(5), and 3) to revise the effective date of the ordinance. Mr. Wright made a motion to amend Ordinance 23-0-13 passed on first reading as previously stated to include the three amendments. Mr. Wade seconded the motion. Prior to the vote, Mayor McFarland clarified for the record that he would vote on the impact fee, but not on the amount, which would happen as another meeting. Upon roll call, the amendment was passed on following vote: City Council Meeting Minutes April 20, 2023, 6:00 pm Page 2 of 8  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None The ordinance titled "ORDINANCE 23-0-13 amending the Murfreesboro City Code, by establishing Chapter 16, Impact Fees" which passed its first reading on April 6, 2023, was offered for passage on its second and final reading, as amended. Mr. Wright made a motion to approve Ordinance 23-0-13 on second and final reading, as amended . Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on second and final reading, as amended, by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 10. Ordinance 23-0-12 Conditions for Water and Sewer Service for Property Outside City Limits (Second and Final Reading). The ordinance titled "ORDINANCE 23-0-12 amending the Murfreesboro City Code, Chapter 33, Water Resources, Article I, Section 33-2.1.1, regarding the conditions for water and sewer service to property outside City limits" which passed its first reading on April 6, 2023, was offered for pa?sage on its second and final reading. Mr. Maxwell made a motion to approve Ordinance 23-0-12 on second and final reading. Mr. Wright 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, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Land Use Matters 11. Ordinance 23-02-07 Rezoning property along Agripark Drive (Second and Final Reading). The ordinance titled " ORDINANCE 23-02-07 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 9.8 acres located along the east side of Agripark Drive from Highway Commercial (CH) District to Planned Residential Development (PRO) District (Arden at City Council Meeting Minutes April 20, 2023, 6:00 pm Page 3 of 8 Murfreesboro PRO); FC Murfreesboro, LLC, applicant, [2022-427]" which passed its first reading on April 6, 2023, was offered for passage on its second and final reading. Mr. Maxwell made a motion.to approve Ordinance 23-OZ-07 on second and final reading. Mr. Wright 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, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Resolution 12. Resolution 23-R-09 Budget Amendment No. 7 Additional Federal Awards. Dr. Trey Duke, City Schools Director, presented a Council Communication requesting Council approve Budget Amendment No. 7. The resolution titled, "RESOLUTION 23-R-09 amending the 2022-2023 Murfreesboro City Schools Budget (7th Amendment)" was offered for passage on its first and only reading. Mr. Wade made a motion to approve Resolution 24-R-09. Mr. Wright seconded the motion. Upon roll call, the resolution was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade , Shawn Wright, Shane McFarland Nay: None On Motion 13. Contract for Ceiling Renovations at Mitchell-Nelson. Brad Hennessee, Faci lities Manager, presented a Council Communication regarding an agreement between Ramach, Inc. and City of Murfreesboro and requested the Council approve the Ceiling Renovations Contract for Mitchell-Nelson Elementary School in the amount of $502,000. Mr. Maxwell made a motion to approve the contract with Ramach, Inc. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes April 20, 2023, 6:00 pm Page 4 of 8  Mayor McFarland asked Dr. Duke to address Council regarding funding discussion between the Rutherford County School Board and the City Schools regarding keeping a strong partnership and meeting the needs for both growing districts. Dr. Duke addressed the Council. 14. Bulk Purchase of Petrpleum Products. Kyle Lingo, Fleet Services Assistant Director, presented a Council Communication regarding the bulk purchase of petroleum products from Hunter Oil Company and requested Council approve the purchase contract. Ms. Scales Harris made a motion to approve the bulk pu rchase contract. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 15. Approval of Pre-Emption Project Contract. Mark McCluskey, Chief of Fire Rescue, presented a Council Communication regarding the approval of Pre-Emption Project Contract with Arcadis Incorporated and the City and requested Council approve the contract in the amount of $159,914. Mr. Wade made a motion to approve the contract with Arcadis Incorporated. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 16. Amendment No. 1 to Purchasing Agreement with Axon. Michael Bowen, Chief of Police, presented a Council Communication regarding an amendment to the purchasing agreement with Axon. The Amendment expanded for installation of compatible cameras in Murfreesboro Police Department (MPD) vehicles. MPD's new patrol vehicles require in-car cameras installation. This amendment adds $62,132 annually to the 10-year contract. Chief Bowen requested Council approve amendment No. 1 to the Axon purchase agreement. Ms. Scales Harris made a motion to approve Axon Amendment No. 1. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes April 20, 2023, 6:00 pm Page 5 of 8  17. Purchase of Public Safety Software Services. Michael Bowen, Chief of Po lice, presented a Council Communication regarding the purchase of Public Safety Software Services to assist with providing current technology for communications and records. Chief Bowen and requested Council approve the purchase from Central Square in the amount of $115,675. Ms. Scales Harris made a motion to approve the contract and purchase of Public Saf ety Software Services. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote : Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 18. Purchase of Radio Equipment from Motorola. Michael Bowen, Chief of Polic e, presented a Council Communication regarding the purchase of twenty-five new in-car radios from Motorola and requested Council approve the purchase in the amount of $179,569 funded by the American Rescue Plan Act Funds. Ms. Scales Harris made a motion to approve the contract and purchase of radios from Motorola. Mr. Wright seconded the motion. Upon roll ca ll, the motion was passed by the followi ng vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 19. Professional Services Contract for Replacement of HVAC at Hobgood and Reeves- Rogers. Brad Hennessee, Facilities Manager, presented a Council Communication regarding review of an agreement between Johnson and Bailey Architects P.C. and the City of Murfreesboro to replace the heating, ventilation, and air conditioning (HVAC) systems at Hobgood and Reeves- Rogers Elementary Schools. Mr. Hennessee requested the Council approve t he Professional Services Contract in the amount of $171,000. Ms. Scales Harris made a motion to approve the contract with Johnson and Bailey Arch itects P.C. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland City Council Meeting Minutes April 20, 2023, 6:00 pm Page 6 of 8  Nay: None 20. Old Fort Parkway / Franl<lin Road (SR-96) Resurfacing Contract with TDOT Amendment No. 1. Jim Kerr, Transportation Director, presented a Counci l Communicat ion regarding the approval of the Resurfacing Contract Amendment No. 1 with the Tennessee Department of Transportation (TOOT) and the City and requested Council approve the Amendment for the resurfacing of SR-96. Ms. Scales Harris made a motion to approve the Resurfacing Contract Amendment No. 1. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments No board and commission appointments were presented. Licensing Beer Permits. Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication regarding Regular Beer Permits and Special Event Beer Permits. The following were presented for approval: One Regular Beer Permit for ownership and name change for a restaurant for 521 Northwest Broad Street and One Special Event Beer Permit for the Cente r for t he Arts on April 22, 2023, for 11 O West College Street. Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections for the regula r beer permits and special event permit issuance for the special event beer permits. Ms. Scales Harris made a motion to approve the permits. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Payment of Statements No payment of statements was presented. Other Business Craig Tindall, City Manager, stated that the next meeting would be May 4, 2023, for a public comment and regular meeting. City Council Meeting Minutes April 20, 2023, 6:00 pm Page 7 of 8  Ms. Scales Harris stated she would not be present for the May 4, 2023 meeting. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 6:27 p.m. S ANE MCFARLAND MAYOR -- ATTEST: CITY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BYCOUNCIL:-:SO::'<l\;)C),.~ C\ ld!)d.S City Council Meeting Minutes April 20, 2023, 6:00 pm Page 8 of 8