City Council

City of Murfreesboro City Council- Regular Session Thursday, June 6, 2024 at 6:00 pm City Council Chambers 111 West Vine Street T E N N E S S E E 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. Thursday, June 6, 2024. Council Member Attendance Vice Mayor Bill Shacklett - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Kirt Wade Shawn Wright Mayor Shane McFarland was absent and excused from the meeting. City Representative Attendance Darren Gore, Assistant City Manager Amanda DeRosia, Interim City Recorder/ Interim Finance Director Erin Tucker, Budget Director Adam Tucker, City Attorney Mark McCluskey, Fire Rescue Chief Trey Duke, City Schools Director Chad Gehrke, Airport Director Robert Holtz, Community Development Director Brad Hennessee, Facilities Maintenance Director Cathy Smith, Purchasing Director Jim Kerr, Transportation Director Kristy Burton, Executive Administrative Assistant Prayer and Pledge of Allegiance Vice Mayor Shacklett commenced the meeting with Council Member Shawn Wright giving a prayer followed by leading the Pledge of Allegiance. Public Comment on Actionable Agenda Items Vice Mayor Shacklett confirmed there were no registered speakers for public comment on actionable agenda items. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. Change Order 511 Eventide Drive Housing Rehabilitation (Community Development) 2. Murfreesboro Transit Center Contingency Allowance Allocation (Project Development) 3. Asphalt Purchases Report (Water Resources) City Council Meeting Minutes June 6, 2024, 6:00 pm Page 1 of 10  4. Asphalt and Concrete Purchase Report (Street) 5. Cumberland International Amendment 2 (Water Resources) 6. Unifirst Contract First Amendment (Water Resources) 7. Amendment to Renew Memorandum of Understanding with MTSU for Stormwater Education Services (Water Resources) 8. Purchase ltron's Temetra Portal (Water Resources) Mr. Wright made a motion to approve the Consent Agenda. Ms. Averwater seconded the motion. Upon roll call, the Consent Agenda was approved by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Old Business 9. Ordinance 24-0-12 (2"' and Final Reading). The ordinance titled "ORDINANCE 24-0-12 amending the Murfreesboro City Code, Chapter 7, Section 7-15, International Energy Conservation Code (Amended)", allowing a visual inspection option for energy requirements in residential construction passed its first reading on May 23, 2024 and was offered for its second and final reading. Mr. Wade made a motion to approve Ordinance 24-0-12. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on its second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 10. Ordinance 24-0-19 (2"' and Final Reading). City Attorney Adam Tucker presented a Council Communication regarding adjustment to the compensation provided to Murfreesboro City School Board members. The ordinance titled "ORDINANCE 24-0-19 amending the Murfreesboro City Code, Chapter 25 - Schools, Section 25-2 regarding compensation of School Board Members", adjusting the compensation of Murfreesboro City School Board Members to $800 per month with an additional $100 per month for the Board Chair was offered for passage on its second and final reading, as previously amended. Mr. Wright made a motion to approve Ordinance 24-0-19. Ms. Scales Harris seconded the motion. Upon roll call, the ordinance was passed as amended on its second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None City Council Meeting Minutes June 6, 2024, 6:00 pm Page 2 of 10  11. Ordinance 24-0-11 (2 nd and Final Reading). Assistant City Manager Darren Gore presented a Council Communication regarding adjustments to the FY25 Water and Sewer Rate. The ordinance titled "ORDINANCE 24-0-11 amending Chapter 33, Water Resources, Section 33-1 of the Murfreesboro City Code, dealing with water resources rates and charges", passed its first reading on May 23, 2024 and was offered for its second and final reading. Mr. Wade made a motion to approve Ordinance 24-0-11. Ms. Scales Harris seconded the motion. Upon roll call, the ordinance was passed on its second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None New Business 12a. Public Hearing on Adoption of the Proposed FY25 Budget. Budget Director Erin Tucker presented a Council Communication regarding adopting a Fiscal Year 2025 budget and providing for the levy and collection of a tax for the year 2024. Ms. Tucker stated that a public hearing was required on regarding the matter. Vice Mayor Shacklett initiated the public hearing, welcoming comments on the FY25 proposed budget. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Vice Mayor Shacklett concluded the public hearing. 12b. Ordinance 24-0-14 (1" Reading). The ordinance titled "ORDINANCE 24-0-14 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 2025 (hereafter"FY2025"), and for other purposes," was offered for passage on its first reading. There was discussion regarding retention, recruitment, and salary issues with the Fire Department. Firefighters were given sincere appreciation and thanks from Council Members. Mr. Wright made a motion to amend the FY2025 budget and Ordinance 24-0-14 to include adjustments to the police salaries. Ms. Averwater seconded the motion. Upon roll call, the amendment to Ordinance 24-0-14 was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None City Council Meeting Minutes June 6, 2024, 6:00 pm Page 3 of 10  Mr. Wright made a motion to approve Ordinance 24-0-14, as amended. Mr. Wade seconded the motion. Upon roll call, the ordinance was passed on first reading, as amended, by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 12c. Ordinance 24-0-15 (1" Reading). The ordinance titled, "ORDINANCE 24-0-15 providing for the levy and collection of a tax for the year 2024 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 its first reading. Mr. Wright made a motion to approve Ordinance 24-0-15. Ms. Averwater 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, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 13. Ordinance 24-0-17 (1" Reading). Assistant City Manager Darren Gore presented a Council Communication regarding revisions to Chapter 33 of the City Code to clarify water and sewer connection fees as it relates to Assisted/Senior Living as well as large Commercial Buildings over 35,000 square feet. The ordinance titled, "ORDINANCE 24-0-17 amending the Murfreesboro City Code, Chapter 33, Section 33-2, Charges for taps made by City; and Section 33-50, Sanitary sewer connection or tapping fees and house services fees or charges," was offered for passage on first reading. Ms. Averwater made a motion to approve Ordinance 24-0-17. Mr. Maxwell 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, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 14. Resolution 24-R-21. City Schools Director Dr. Trey Duke presented a Council Communication regarding an amendment to the FY24 General Purpose Schools, Federal Projects, and Indigent Children's funds. A resolution titled, "RESOLUTION 24-R-21 amending the Fiscal Year City Council Meeting Minutes June 6, 2024, 6:00 pm Page 4 of 10 2024 Murfreesboro City Schools Budget (hereafter "FY2024") (10th Amendment)", was offered for passage on its first and only reading. Mr. Wright made a motion to approve Resolution 24-R-21. Mr. Maxwell 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, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 15. Resolution 24-R-20. Assistant City Manager Darren Gore presented a Council Communication regarding a reimbursement resolution allowing MWRD to recoup construction costs involved with the Water Resource Recovery Facility (WRRF) full-scale biosolids thermal drying project. The resolution titled, "RESOLUTION 24-R-20 expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures to Water Resources Recovery Facility Biosolid Dryer Equipment and Appurtenances, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City," was offered for passage on its first and only reading. Ms. Scales Harris made a motion to approve Resolution 24-R-20. 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, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 16. Updated Commercial Operator Lease Agreement with Mike Jones Aircraft Sales. Airport Director Chad Gehrke presented a Council Communication regarding an updated Commercial Operator Lease Agreement with Mike Jones Aircraft Sales for Hangar One. A lease agreement titled "Lease Agreement between City of Murfreesboro and Mike Jones Aircraft Sales, Inc., Hangar 1" was offered for approval. Ms. Averwater made a motion to approve the lease agreement. 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, Bill Shacklett Nay: None 17. Amended Contract for Professional Management and Administrative Services. Community Development Director Robert Holtz presented a Council Communication regarding a City Council Meeting Minutes June 6, 2024, 6:00 pm Page 5 of 10 contract amendment with Blulynx Solutions, LLC, to provide management and administrative services assisting the department with FY25 CBDG and HOME Grant activities. A contract amendment titled "First Amendment to the Amended and Restated Contract between the City of Murfreesboro and Blulynx Solutions, LLC" was offered for approval. Mr. Wright made a motion to approve the contract amendment. Ms. Averwater seconded the motion. Upon roll call vote, motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 18. Contract Amendment Patterson Park Ductwork Replacement. Facilities Manager Brad Hennessee presented a Council Communication regarding a contract amendment with Trinity Geothermal, LLC for the Patterson Park Ductwork Replacement to clean the air return boxes at the ceiling in the additional amount of $3,126. The contract amendment titled "HVAC Change Order Request No. 1" was offered for approval. Mr. Wade made a motion to approve the contract amendment. 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, Bill Shacklett Nay: None 19. Professional Services Contract Amendment Old Fort Tennis Court Renovations. Facilities Manager Brad Hennessee presented a Council Communication regarding a professional services contract amendment for the Old Fort Park Tennis Court Renovations with Wold Architects & Engineers for Construction Administration at a cost of $13,268 funded by the American Rescue Plan Act (ARPA). The professional services contract amendment titled "Professional Services Contract Amendment - Old Fort Park Tennis Court Renovations" was offered for approval. Mr. Maxwell made a motion to approve the professional services contract amendment. 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, Bill Shacklett Nay: None 20. Use of Competitive Sealed Proposals for Human Resources Procurement. Purchasing Director Cathy Smith presented a Council Communication regarding the use of a City Council Meeting Minutes June 6, 2024, 6:00 pm Page 6 of 10 Request for Competitive Sealed Proposals (RFCSP) method for certain purchases. Approval would allow the use of the RFCSP process for procurement of services for Human Resources. Mr. Maxwell made a motion to approve the use of a RFCSP process to procure services for Human Resources. Ms. Scales Harris 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, Bill Shacklett Nay: None 21. Master Services Agreements for Pre-Qualified Building Contractors and Trades Contractors. Purchasing Director Cathy Smith presented a Council Communication regarding Master Services Agreements with ten building construction contractors for small renovation and construction projects and seven trade contractors for use with facilities' repairs. The Master Services Agreements were offered for approval. Mr. Wade made a motion to approve the Master Services Agreements. 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, Bill Shacklett Nay: None 22. Dr. Martin Luther King Jr. Blvd. Phase 2 Sidewalk Project Amendment No. 4 TOOT Contract. Transportation Director Jim Kerr presented a Council Communication regarding an amendment to the contract with TDOT for the Dr. Martin Luther King Jr. Boulevard Phase 2 Sidewalk Project (Amendment No. 4) with TDOT for an additional $615,713 to cover a shortfall in funds for the project. The contract amendment titled "Agreement Number: 210269, Project Identification Number: 132323.00, Federal Project Number: HIP-C-M-10(90), State Project Number: 75LPLM-F3- 113" with TDOT was offered for approval. Ms. Scales Harris made a motion to approve the contract amendment. 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, Bill Shacklett Nay: None 23. Memorial Boulevard (SR 10) Traffic Signal Improvements Contract Amendment No. 1 with TOOT. Transportation Director Jim Kerr presented a Council Communication regarding an amendment to the contract with TDOT for Memorial Boulevard Traffic Signal Improvements Contract City Council Meeting Minutes June 6, 2024, 6:00 pm Page 7 of 10 (Amendment No. 1) with TDOT for an additional $642,500 to cover a shortfall in funds for the project due to rescinding of COVID Relief Funds by United States Congress. The contract amendment titled "Agreement Number: 180111, Project Identification Number: 126616.00, Federal Project Number: TAP-1 (395), State Project Number: 75LPLM-F3-076" with TDOTwas offered for approval. Ms. Scales Harris made a motion to approve the contract amendment. 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, Bill Shacklett Nay: None 24. ADS Professional Services Contract 2"" Amendment. Assistant City Manager Darren Gore presented a Council Communication regarding an amendment to extend the professional services contract with ADS, LLC for sanitary sewer flow monitoring for $340,000 (2nd Amendment). The professional services contract amendment titled, "Second Renewal of the Professional Services Agreement between ADS, LLC and the City of Murfreesboro, Tennessee," was offered for approval. Ms. Averwater made a motion to approve the contract amendment. 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, Bill Shacklett Nay: None 25. WRRF Biosolids Dryer RPR Engineering Task Order Approval. Assistant City Manager Mr. Darren Gore presented a Council Communication regarding an engineering task order involving resident project representative (RPR) construction inspection services for the Water Resource Recovery Facility (WRRF) full-scale biosolids thermal drying project. The engineering task order titled "Engineering Task Order No. 24410340", was offered for approval. Mr. Maxwell made a motion to approve the task order. 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, Bill Shacklett Nay: None 26. WRRF Biosolids Dryer Construction Contract Approval. Assistant City Manager Darren Gore presented a Council Communication regarding a contract for construction of the WRRF full- scale biosolids thermal drying project. The contract with Reeves Young, LLC, for $33,100,000 for construction of the WRRF Full-Scale Thermal Dryer was offered for approval. City Council Meeting Minutes June 6, 2024, 6:00 pm Page 8 of 10  Mr. Maxwell 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, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 27. WRRF Biosolids Dryer Geotechnical Testing Task Order Approval. Assistant City Manager Darren Gore presented a Council Communication regarding an engineering task order involving geotechnical testing services for the Water Resource Recovery Facility (WRRF) full-scale biosolids thermal drying project. The geotechnical testing services costs in the amount of $127,500 will be funded by Murfreesboro Water Resources Department working capital reserves. The engineering task order with TTL titled, "Murfreesboro Water Resources Department - Full Scale Thermal Dryer, TTL Proposal No. 0024801100.00", was offered for approval. Ms. Scales Harris made a motion to approve the task order. 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, Bill Shacklett Nay: None Board & Commission Appointments 28. Board of Electrical Examiners. Vice Mayor Shacklett presented a Council Communication on behalf of Mayor McFarland regarding the appointment of a board member and reappointment of two new board members. Mr. Jim Warden, Jr. was recommended for appointment to the Board of Electrical Examiners replacing Ms. Eva Warden with a term expiring June 30, 2028. Mr. Tony Ogles was recommended for reappointment to the Board of Electrical Examiners with a term expiring June 30, 2028. Mr. Jason Fann was recommended for reappointment to the Board of Electrical Examiners filling a vacancy left by the passing of Mr. Altan Fann. His term will expire June 30, 2026. Mr. Maxwell made a motion to approve the appointment and reappointments. 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, Bill Shacklett Nay: None City Council Meeting Minutes June 6, 2024, 6:00 pm Page 9 of 10 Licensing 29. Beer Permits. Interim Finance Director Ms. Amanda DeRosia presented a Council Communication regarding Regular Beer Permits and Special Event Beer Permits. Two Regular Beer Permits for one new location of a restaurant located at 2181 B Old Fort Parkway and one ownership/name change for a grocery/market located at 1208 E Northfield Boulevard were presented for approval. Five Special Event Beer Permits for Main Street Market (one), Charity Circle of Murfreesboro (three), and Ascension Saint Thomas Rutherford (one) were presented for approval. Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections for the regular beer permits and special event permit for the special event beer permits. Ms. Averwater made a motion to approve the beer 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, Bill Shacklett Nay: None Payment of Statements. There was no Payment of Statements to consider. Other Business Mr. Maxwell expressed appreciation to the firefighters for their hard work and dedication. Adjourn There being no further business, Vice Mayor Shacklett adjourned the meeting at 6:42 p.m. \::) BILL SHACKLETT VICE MAYOR ATTEST: 8c '4 EI CKER l. .A. 1-'-t< ~ ~ CITY RECORDER City Council Meeting Minutes June 6, 2024, 6:00 pm Page 10 of 10