City Council

City of Murfreesboro City Council- Regular Session Thursday, June 15, 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, June 15, 2023. Council Members Present Mayor Shane McFarland - Presiding Madelyn Scales Harris · Austin Maxwell Bill Shacklett Kirt Wade Sh awn Wright Jami Averwater was absent-and excused from this meeting. City Representatives Present Craig Tindall, City Manager Adam Tucker, City Attorney Jennifer Brown, City Record_er/ Finance Director Darren Gore, Water Resources Director/ Assistant City Manager Chad Gehrke, Airport Director Chris Griffith, Executive Director of Engineering Brad Barbee, Planner Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Mr. Maxwell commenced the meeting wit h 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. Emergency Operations Center Improvements Change Order #1 (Administration) 2. MTE Easement and Primary Service (Airport) 3. FY24 Tennessee Housing Development Agency Emergency Solutions Grant (Community Development) 4. FY23 City Manager Approved Budget Amendments (Finance) 5. Contract with Murfreesboro Medical Clinic (Fire Rescue) City Council Meeting Mi nutes June 15, 2023, 6:00 pm Page 1 of 9  6. Motlow Payment Agreement (Fire Rescue) 7. Asphalt and Concrete .Purchase Report (Street) 8. Approval of State Maintenance Contract for FY 2023-2025 (Street) 9. 2023 Water Treatment Plant Chemical Contracts (Water Resources) 10. Asphalt Purchases Report (Water Resources) 11. Memorandum of Understanding with MTSU for Renewal of Stormwater Permit (Water Resources) 12. G20 Technologies Amendment No. 1 (Water Resources) Mr. Wright made a motion to approve the Consent Agenda. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Old Business Ordinance 13. Ordinance 23-0-21 Impact Fee Schedule (Second and Final Reading) (Administration). Ordinance 23-0-21, Impact Fee Schedule, was considered for it s second and final reading. Mr. Wade made a motion to approve Ordinance 23-0-21. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright Nay: None Abstain: Shane McFarland Adam Tucker, City Attorney, interjected that two minor amendments needed to be adopted prior to the final approval of Ordinance 23-0-21. The first change assigns reporting to the Finance Department instead of the Building and Codes Department. The second change amends the ordinance so single-family residential applicants will not be affected if their application is dated on or before June 30, 2023. Mr. Wright made a motion to approve the amendments to Ordinance 23-0-21, subject to staff comments. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes June 15, 2023, 6:00 pm Page 2 of 9  Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Mr. Wright made a motion to approve Ordinance 23-0-21, as amended, on second and final reading. Mr. Wade seconded the motion. Upon roll call, the ordinance was passed , as amended, on second and final reading by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright Nay: None Abstain: Shane McFarland 14. Ordinance 23-0-22 Community Decency Standards (Second and Final Reading) (Administration). Craig Tindall, City Manager, presented a Council Communication and requested Council amend Ordinance 23-0-22 prior to voting on second reading. The ordinance amendments clarify language and procedural mc!tters. Mr. Wright made a motion to approve the red lined amendments to Ordinance 23-0-22. Mr. Wade seconded the motion. Upon roll call, the motion was passed by t he following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: Bill Shacklett 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" which passed its first reading on May 25, 2023, was offered for passage , as amended, on its second and final reading. The motion and second were made. Vice Mayor Shacklett was recognized by Mayor McFarland. Vice Mayor Shacklett voiced his disagreement with the ordinance. Discussion ensued . Mr. Maxwell made a motion to approve Ordinance 23-0-22, as amended, on second and final reading. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Shane McFarland Nay: Bill Shacklett New Business Ordinance 15. Ordinance 23-0-23 Termination of Osborne Lane Special Sanitary Sewer Assessment District (First Reading) (Water Resources). Darren Gore, Water Reso urces Director/ City Council Meeting Min utes June 15, 2023, 6:00 pm Page 3 of 9 Assistant City Manager, presented a Council Communication and ordinance regarding the termination of Osborne Lane Special Sanitary Sewer Assessment District. The ordinance titled , "Ordinance 23-0-23 Termination of the Osborne Lane Special Sanitary Sewer Assessment District (SSSAD)" was offered for passage on first reading. Mr. Wade made a motion· to approve Ordinance 23-0-23 on first reading. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Resolution 16. Resolution 23-R-22 Ratify Private Chapter 24 to Authorize Creation of a Municipal Solid Waste Authority (Administration). Craig Tindall, City Manager, presented a Council Communication and resolution regarding ratifying Private Chapter 24 to authorize the creation of a Municipal Solid Waste Authority. The resolution titled, "RESOLUTION 23-R-22 ratifying Chapter 24 of the Private Acts of 2023 enacted by the 113th Session of the Tennessee General Assembly" was offered for passage on its first and only reading. Mr. Maxwell made a motion to approve Resolution 23-R-22. Ms. Scales Harris seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 17. Resolution 23-R-23 Policy for Public Comment at Public Meetings (Administration}. Craig Tindall, City Manager, presented a Council Communication and resolut ion regarding establishing a policy for public C01'!7ment at public meetings of City Council and other Cit y boards, commissions , and committees that has an action item on the agenda, consistent with requirements of Chapter 300 of the Tennessee Public Acts of 2023 to begin on July 1, 2023. The resolution titled, "RESOLUTION 23-R-23 establishing public comment policy for meetings" was offered for passage on its first and only reading. Mr. Wright made a motion to approve Resolution 23-R-23. Mr. Maxwell seconded the motion. Upon roll call, the motion passed by the following vote : Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland City Council Meeting Minutes June 15, 2023, 6:00 pm Page 4 of 9  Nay: None On Motion 18. Titan Aviation Fuels Agreement (Airport). Chad Gehrke, Airport Di rector, reminded the Council and those present that the runway at the airport would be closed for 30 days starting tomorrow, June 16, 2023. Mr. Gehrke then presented a Council Communication and contract with Titan Aviation Fuels to provide aviation fuel to the airport for resale, mobile equipment, and other associated items for approval. Ms. Scales Harris made a motion to approve the contract with Titan Aviation Fuels. Mr. Maxwell seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wad e, Shawn Wright, Shane McFarland Nay: None 19. City Concrete and Storm Drainage Annual Contract Renewal (Engineering). Chris Griffith, Executive Director of Engineering, announced that TDOT would start re-paving Highway 96 this coming Sunday and will include road widening. Mr. Griffith then presented a Council Communication and documents regarding renewal of the annual City concrete and storm drainage contract renewal with Rollins Excavating Co., LLC and requested Council approve the contract renewal. Mr. Maxwell made a motiGn to approve the contract renewal. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 20. Annual Paving Contract Award {Engineering). Chris Griffith, Executive Director of Engineering, presented a Council Communication and documents regarding approval of the Annual Paving Contract to Wiregrass Construction Company and Hawkins Asphalt Paving, LLC. Mr. Griffith requested Council approval the 2023-2024 City Paving Contract with Wiregrass Construction Company and Hawkins Asphalt Paving, LLC, as presented . . Mr. Maxwell made a motion to approve the contracts. Mr. Wade seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland City Council Meeting Minutes June 15, 2023, 6:00 pm Page 5 of 9  Nay: None 21. Wetland Mitigation Credit Purchase - Rutherford Blvd (Engineering). Chris Griffith, Executive Director of Engineering, presented a Council Communication and documents regarding the purchase of wetland mitigatio_n credits for the Rutherford Boulevard Extension Project. Mr. Griffith requested Council approve the Christmas Creek Mitigation Ban k Credit Purchase Agreement. Total cost is $313,200 funded from FY21 CIP funds. Mr. Maxwell made a motion to approve the purchase agreement. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 22. Contract for Sidewalk Repair Services for ADA Compliance (Engineering). Chris Griffith, Executive Director of Engineering, presented a Council Communication and contract regarding Sidewalk Repair Services·for ADA compliance by Precision Concrete Cutting, LLC. The contract is for 1 year and is not to exceed $100,000 with primary funding from the St ate Street Fund. Mr. Wade made a motion to approve the contract. Mr. Maxwell seconded the motion. Upon roll call the motion passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 23. Master Services Agreement - TTL (Engineering). Chris Griffith, Executive Director of Engineering, presented a Council Communication and documents regarding a Master Services Agreement with TTL, Inc. (TTL Project No. 000230801783.00, R1 ). TTL has provided professional services to the City for many years including geotechnical studies, environmental consulting, and construction material testing. The agreement will allow City staff to use TTL periodically in the development of smaller, specialized projects. Mr. Maxwell made a motion to approve the professional services agreement with TTL, Inc. Mr. Wade seconded the motion. Upon roll call the motion passage by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes June 15, 2023, 6:00 pm Page 6 of 9  24. Purchase of Liability, Property, Vehicle, Cyber, Crime, and Workers' Compensation Insurance (Legal). Adam Tucker, City Attorney, presented a Council Communication and documents regarding the purchase of Liability, Property, Vehicle, Cyber, Crime, and Workers' Compensation Insurance Coverage for the City. Mr. Tucker requested Council approve the following insurance coverages for the City for FY24 and authorize the Mayor, City Manager, and City Attorney to execute any documents necessary to bind and secure such coverage: 1. General Liability, Auto Liability, Errors and Omissions Liability (including Employment Practices Liability), and Law Enforcement Liability from Public Entity Partners; 2. Collision and Comprehensive Vehicle Insurance for all vehicles whose value equals or exceeds $75,000 from Public Entity Partners; 3. Catastrophic Vehicle Damage Insurance from Public Entity Partners; 4. Workers' Compensation insurance from Public Entity Partners; 5. Commercial Package Property Insurance from Travelers; 6. Crime Insurance (including Faithful Performance of Duty Coverage) from Travelers; and 7. Cyber Insurance from Co_w bell Insuran ce Agency. Mr. Maxwell made a motion to approve the coverages and execution of documents to secure coverage. Ms. Scales Harris seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scates Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 25. Sewer Allocation Variance- Restaurant and Retail Development on South Church Street (Planning). Brad Barbee, Planner, presented a Council Communication and documents regarding a proposed development request for additional density above the sewer allocation ordinance's zoning allowance allowing higher single-family unit equivalent density (sfu) by approximately nine sfu's for the proposed restaurant and retail development to be located along the east side of South Church Street west of the Indian Hills Subdivision. Mr. Barbee requested Council approve the variance. Mr. Wright made a motion to approve the sewer allocation variance. Mr. Maxwell seconded the motion. Upon roll call, said the motion passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bi ll Shacklett, Kirt Wade, Shawn Wright, Shane McFarland City Council Meeting Minutes June 15, 2023, 6:00 pm Page 7 of9  Nay: None Board and Commission Appointments 26. Water Resources Board Appointment (Administration). Mayor McFarland prese nted a Council Communication regarding the appointment of a Water Resources Board member. Wa rren Russell was recommended to replace Alphonse Carter, Jr. with a term expiration of June 30, 2026. Mr. Maxwell made a motion to approve the appointment. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Licensing 27. Beer Permits (Finance). Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication and permit application for approval. The following was offered for approval: a special event permit for Rutherford County Chamber of Commerce to do a networking event at 352 West Northfield Boulevard on July 11, 2023. Mr. Wade made a motion to approve the permit. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Payment of Statements No payment of statements was presented. Other Business COLA Increase. Mayor McFarland asked Mr. Tindall to resea rch a 5% COLA increase for commissioned officers, certified firefighters, and dispatchers. This is an effort to better compete for the employee pool available. Future Council Meetings. Craig Tindall, City Manager, stated that the Council would meet June 22, 2023, at 6:00 p.m. for regular meeting. Mr. Maxwell announced that the event at Patterson Park was well done. He also asked Council to consider carefully what needs to happen with the new development project on Broad Street so that it is a benefit to the City. Mayor McFarland met with a group today regarding the 1 East College, including the developer, that could result in movement. City Council Meeting Minutes June 15, 2023, 6:00 pm Page 8 of 9 Adjourn There being no further business, Mayor McFarland adjourned this meeting at 7:16 p.m. SHtffiC; MAYOR ATTEST: I UCKER ITV RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BY COUNCIL: So.'(\\)(}.~?/)}dl_('G_'S City Council Meeting Minutes June 15, 2023, 6:00 pm Page 9 of 9