City Council

City of Murfreesboro City Council- Regular Session Thursday, May 25, 2023, at 6:00 pm City Council Chambers 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 6:41 p.m. on Thu rsday, May 25, 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 Erin Tucker, Budget Director Amanda DeRosia, Accounting Manager Darren Gore, Assistant City Manager/Water Resources Director Sam Huddleston, Assistant City Manager Randolph Wilkerson, Human Resources Director Michael Bowen, Police Chief Mark McCluskey, Fire Rescue Chief Matthew Blomeley, Assistant Planning Director Brad Barbee, Planner Chris Griffith, Executive Director of Public Infrastructure Trey Adams, Golf Director Angela Jackson, Executive Director of Strategic Services Matt Jarrett, Information Technology Director Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called th.e meeting to order and stated they were starting late due to an earlier meeting that lasted longer than expected. Ms. Scales Harris commenced the meeting with a prayer followed bythe Pledge of Allegiance. Mayor McFarland recognized the presence Fire Rescue Chief and Police Chief, Mark McCluskey and Michael Bowen and Chris Clark, Rutherford County Public Saf ety Director, who coordinates disaster response and emergency services in Rutherford County. Mr. Clark previously asked Mayor McFarland to come and make some comments to Council and City. On April 1, 2023, City Council Meeting Minutes May 23, 2023, 6:00 pm Page 1 of 9 there was a tornado that touched down in the Eagleville area. Mr. Clark thanked t he Council, the City of Murfreesboro, and City department personnel for assisting Rutherford County with search and rescue efforts and disaster response following the tornado. Consent Agenda The Consent Agenda was presented for approval with Council Communications for t he following items: 1. Mandatory Referral for Dedication of Electric Easements along Cason Lane (Planning) 2. Master Services Agreement - Kimley Horn (Engineering) 3. Sewer Allocation Variance- Elam Farms Parkway- Hotel (Planning) Mr. Maxwell made a moti9n to approve the Consent Agenda. 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 Old Business Ordinance Land Use Matters 4. Ordinance 23-02-16 Zoning for property along Manson Pil<e (Second and Final Reading) (Planning). The ordinance titled, "ORDINANCE 23-OZ-16 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 8.2 acres along Manson Pike as Planned Institutional Development (PND) District (Rutherford Collegiate Prep PND) simultaneous with annexation; Ryan Companies us, Inc., applicant [2023-404]" which passed its first reading on May 18, 2023, was offered for passage on its second and final reading. Mr. Maxwell made a motion to approve Ordinance 23-OZ-16 on second and final reading. Mr. Wright seconded the motion. Upon roll call, the was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 5. Ordinance 23-02-15 Rezoning property along Wenlon Drive (Second and Final Reading} (Planning). The ordinance titled, "ORDINANCE 23-02-15 amending the Zoning Ordina nce City Council Meeting Minutes May 23, 2023, 6:00 pm Page 2 of 9 and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 22 acres located along Wenlon Drive from Residential Multi-Family Twelve (RM-12) District to Planned Residential Development (PRD) District (The Murph PRD); Eastman Residential, applicant, [2023-402)" which passed its first reading on May 18, 2023, was offered for passage on its second and final reading. Mr. Maxwell made a motion to approve Ordinance 23-02-15 on second and final reading. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the f ollowing vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Ordi nance 6a. Public Hearing for Adoption of Proposed FY24 Budget (Administration). Erin Tucker, Budget Director, presented a Council Communication regarding the proposed FY24 Budget information and consideration of ordinance adopting the FY24 Budget. Ms. Tucker stated that a public hearing was required on the City's budget and tax rate ordinances. Ms. Tucker stated there is no tax increase and the tax rate will remain at $0.9526 and provided a brief overview of t he City budget. Mayor McFarland initiated the public hearing, welcoming comments on the Proposed FY24 Budget and provided instructions for those wishing to speak. Despite sufficient time for input, no attendees expressed a desire to SP.eak on the matter. Consequently, Mayor McFarland concluded the public hearing. 6b. Ordinance 23-0-18 Adopt Proposed FY24 Budget (First Reading) (Administration). The ordinance titled, "ORDINANCE 23-0-18 adopting a budget and appropriations ordinance providing for appropriations out of the general and special funds of the City of Murfreesboro, Tennessee, of certain sums to defray the current, necessary and special expenses of said City for Fiscal Year 2024 (hereafter "FY2024"), and for other purposes." was offered for passage on first reading. Mr. Wade made a motion to approve Ordinance 23-0-18 on first reading. Mr. Wright seconded the motion. No roll call was taken on this motion. City Counc il Meeting Minutes May 23, 2023, 6:00 pm Page 3 of 9  Ms. Averwater and Ms. 'Tucker interjected regarding health insurance. Ms. Tucker recommended Council agree to reduce the health insurance premium increase to include the amendment in the motion to approve Ordinance 23-0-18. The exhibit would then be updated for second reading at the June 8, 2023.meeting. Ms. Averwater made a motion to amend Ordinance 23-0-18 prior to first reading to include reducing the health insurance premium from eight percent (8%) to four percent (4%). Mr. Maxwell 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 Mr. Maxwell made a motion to approve Ordinance 23-0-18 on first reading, as amended. 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, Sharie McFarland Nay: None Ge. Ordinance 23-0-19 Adopt 2023 Tax Rate (First Reading) (Administration). The ordinance titled, "ORDINANCE 23-0-19 providing for the levy and collection of a tax for the year 2023 upon all property, real, personal and mixed, within and subject to the jurisdiction of the City of Murfreesboro that is now taxable under the laws and Constitution of the State of Tennessee and the Charter of said City, and for the interest and costs to be added to such taxes after certain dates" was offered for passage on first reading. Ms. Averwater made a motion to approve Ordinance 23-0-19 on first reading. 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 . 7a. Public Hearing for Impact Fee Schedule (Administration). Craig Tindall, City Manager, presented a Council Communication regarding setting the Murfreesboro Impact Fee schedule. Mr. Tindall stated that a public hearing was required on the matter. Mayor McFarland initiated the public hearing, welcoming comments on the Proposed Impact Fee Schedule and provided instructions for those wishing t o speak. Despite sufficient time City Council Meeting Minutes May 23, 2023, 6:00 pm Page4of9  for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public h~aring. 7b. Ordinance 23-0-21 Impact Fee Schedule (First Reading) (Administration). The ordinance titled, "ORDINANCE 23-0-21 setting Impact Fees pursuant to the Murfreesboro Impact Fee Ordinance" was offered for passage on first reading. Discussion ensued regarding the fee amount and the possibility of phasing in the fee by increasing it progressively each year. Mr. Maxwell made a motion to set the impact fee schedule for $2.00 first year, $2.25 second year, and $2.50 third year. Seeing no second, the motion died. Mr. Wade made a motion to amend Ordinance 23-0-21 to a progressive impact fee schedule of $1.50 first year, $2.00 second year, and $2.50 third yea r with the option for annual review for single residential. Multi family, Commercial, Industrial, and Office fee schedules are as proposed in the ordinance. Ms. Scales Harris seconded the motion. Adam Tucker, City Attorney, made a point of clarification that the ordinance states Council will review the impact fee schedu le not less than every five years, no study is required. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright Nay: Austin Maxwell Abstain: Shane McFarland Mr. Wright made a motion to approve Ordinance 23-0-21 on first reading, as amended. 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 Nay: None Abstain: Shane McFarland Sa. Ordinance 23-0-22 Community Decency Standards {First Reading) (Administration). Mayor McFarland presented a Council Communication regarding ordinance to establish community decency standards and setting penalties for vio lation thereof. The ordinance titled, "ORDINANCE 23-0-22 amending the Murfreesboro City Code, Chapter 20, Offenses and Miscellaneous Provisions, Article I, Section 22, regarding community decency standards" was offered for passage on its first reading. Mr. Maxwell made a moti~rn to approve Ordinance 23-0-22 on first reading. Mr. Wade seconded the motion. Vice Mayor Shacklett and Ms. Averwater expressed concern over the City Council Meeting Minutes May 23, 2023, 6:00 pm Page 5 of 9  ordinance as written and stated they could not support the ordinance as written. Upon roll call, the motion was passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: Jami Averwater, Bill Shacklett Resolution 9. Resolution 23-R-21 Setting Time for Council Meetings (Administration). The resolution titled, "RESOLUTION 23-R-21 establishing the time of City Council meetings" was offered for passage on its first and only reading. This will move the workshop meetings from Wednesdays to Thursdays at 11 :30·a.m. Ms. Averwater made a motion to approve Resolution 23-R-21. Mr. Maxwell 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 Public Comment on Actionable Agenda Items Announcement. Mayor McFarland stated the state statute is changing starting July 1, 2023. The state statute now requires a Public Comment Session to occur at every meeting for public comment on anything directly related to specific actionable agenda items. He suggested this occur at the beginning of every meeting. Jennifer Brown, City Recorder/ Finance Director, stated a policy is being drafted for Co uncil approval to be applied City-wide. It was suggested speakers be required to pre-register and set a specific amount of time for the actionable agenda item public comment. On Motion 10. Cherry Lane Phase 2 Professional Services Contract (Engineering). Chris Griffith, Executive Director, presented a Council Communication requesting Council approve t he Professional Services Contract for the Design of Cherry Lane Phase 2 with Wiser Consultants, LLC. The Corps of Engineers requested the City relocate the current proposed alignment of Cherry Lane Phase 2 due to encroachments on wetlands and a creek. The proposal from Wiser Consultants will include the design of the relocated alignment and complete the final design and bid documents for the entire Cherry Lane Phase 2 project. The cost of this work, $617,426. Mr. Wade made a motion to approve the Service Contract with Wiser Consultants. Ms. Scales Harris seconded the motion. Upon roll call, the motion was passed by the following vote: City Counc il Meeting Minutes May 23, 2023, 6:00 pm Page 6 of 9  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Ki rt Wade, Shawn Wright, Shane McFarland Nay: None 11. Old Fort Golf Course Renovations (Golf). Trey Adams, Golf Director, presented a Council Communication and documents requesting Council approve the Old Fort Golf Course project utilizing existing bond and loan proceeds. The project will replace the aging turfgrass on the putting greens at Old Fort Golf Course nearing the end of their 20-to-30-year lifespan, bunker and drainage improvements, and upgr-ades to the cart paths. The estimated cost of the Old Golf Course project is $1.48 million dollars to be funded from the FY21 CIP budget and reallocated FY22 bond proceeds available from deferred projects. Construction drawings were provided in the agenda packet by Nathan Crace, American Society of Golf Course Architects. Ms. Averwater made a motion to approve the Old Fort Golf Course Project renovations utilizing existing bond and loan proceeds. Mr. Wade 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 . 12. Cityworks Software License Renewal (Information Technology). Matt Jarratt, Information Technology Director, presented a Council Communication and documents requesting Council approve the renewal of Cityworks software licensing for City, Water Resources, and Public Safety with True North Geographical Technologies, LLC. The expense of $191,000 will be funded by the Department's operating budget and MWRD operating budget. Ms. Scales Harris made a motion to approve the Cityworks software licensing renewal. 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 13. Low Voltage Work Order at 2140 N. Thompson Lane (Information Technology). Matt Jarratt, Information Tec hnology Director, presented a Council Communication requesting Council approve the work order for Lan link Communications for 2140 N. Thompson Lane renovations. The project requires low voltage cabling as part of the building's renovation. The equipment is to City Council Meeting Minutes May 23, 2023, 6:00 pm Page 7 of 9 provide functional meeting and training rooms upon move-in. The work order also includes installation of other project-funded items that are not sourced by the vendor. Ms. Averwater made a motion to approve the Low Volt age Work Order with Lanlink Communications. Mr. Maxwell seconded the motion. Upon roll call, the mot ion was passed by the following vote: Aye: Jami Averwater, Ma~elyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments No board and commission appointments were presented. Licensing No beer permits were presented. Payment of Statements Jennifer Brown, City Recorder/ Finance Director, stated there were two statements to consider. The first is a payable from Rutherford County Circuit Clerk for $55,000 to be paid from the General Fund Economic Development FY23 Operating Budget with an additional $20,000 payable contingent on the removal of a building by August 31, 2023. The Deputy City Attorney emailed Council regarding this payable. The second is an invoice from Davis Environmental Attorneys for $66,119.44 to be paid from the General Fund Legal FY23 Operating Budget. The city attorney emailed Council regarding this invoice. Ms. Averwater made a motion to approve the payment of statements. Mr. Maxwell 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 Other Business Future Council Meetings. Craig Tindall reminded there will be a Council Meeting Regular Session on June 8, 2023 at 6:00 p.m. with public comment at 5:30 p.m. Council will meet for a Workshop Meeting on June 15, 2023. Vice Mayor Shacklett thanked everyone in the community for coming to Spring Fling and Parks and Recreation staff for doing a great job. City Council Meeting Minutes May 23, 2023, 6:00 pm Page 8 of 9  Mayor McFarland stated the Nashville Airport CEO spoke at the Murfreesboro Airport regarding the number of people going through the airport daily. He also indicated Senator Bill Haggarty was in town and provided an update on things happening in Washington. Mr. Maxwell wished everyooe a wonderful Memorial Day weekend and encouraged listeners to think of what the weekend is about, those who served and those who were not able to come home. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 7:55 p.m. SHANE MCFARLAND MAYOR ATTEST: TUCKER --=-= CITY RECORDER/ CHIEF FINANCIAl OFFICER City Counc il Meeting Minutes May 23, 2023, 6:00 pm Page 9 of 9