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City Council

Regular Meeting

Murfreesboro, TN · August 3, 2023

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Minutes

City of Murfreesboro City Council- Regular Session Thursday, August 3, 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, August 3, 2023. Council Members Present Mayor Shane McFarland - Presiding Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright Jami Averwater was absent and excused from this meeting. City Representatives Present Craig Tindall, City Manager Adam Tucker, City Attorney Jennifer Brown, City Recorder/ Finance Director Erin Tucker, Budget Director Darren Gore, Assistant City Manager/Water Resources Director Randolph Wilkerson, Human Resources Director Brad Barbee, Planner Chris Griffith, Executive Di~ector of Engineering Jim Kerr, Transportation Director Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order and com menced the meeting w ith a prayer followed by the Pledge of Allegiance. Ceremonial Items STARS Award for June 2023. Randolph Wilkerson, Human Resources Director, presented the STARS Award for the month of June upon Alexia Jakes of the Legal Department. The STARS award purpose is to recognize City employees that go above and beyond the call of duty. Ms. Jakes provided quick and compassionate assistance to her co-worker Aly Dabbs in her t ime of need. During one of Ms. Dabbs walks, she fainted and fell in a crosswalk. She called Ms. Jakes and Ms. Jakes came and picked her up, took her to the firehouse, and made sure she was safe. Public Comment on Actionable Agenda Items City Council Meeting Minutes August 3, 2023, 6:00 pm Page 1 of 5 Mayor McFarland explain~d that this public comment was open to allow individuals to speak about items on the published agenda. Mayor McFarland opened public comments for those signed up to speak about items on the agenda. He acknowledged that David Brow n 2365 Oakhill Drive had requested to spea k on agenda item 7, Ordinance 23-0-25. Mr. Brown did not come forward for comment. Mayor McFarland closed the public comment session. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the fo llowing items: 1. Annual State Airport Maintenance Grant (Airport} 2. Fuel Farm Design Contract Amendment 1 (Airport} 3. First Amendment to the Contract with On-Duty International LLC (Police) 4. 2023 Edward Byrne Memorial JAG Program and MOU with RCSO (Police) 5. Guardrail Replacement Contract -Amendment 2 (Street) 6. Overall Creek Pump Station Expansion Change Order No. 1 (Water Resources) Mr. Maxwell made a motion to approve the Consent Agenda. Mr. Wade 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 7. Ordinance 23-0-25 City Code Amendment regarding the location of Sexually Oriented Entertainment (Second and Final Reading) (Administration). The ordinance titled, "ORDINANCE 23-0-25 amending the Murfreesboro City Code, Chapter 21, Offenses and Miscellaneous Provisions, Article 1: Section 21-25, regarding sexually oriented adult entertainment" which passed its first reading on July 20, 2023, was offered for passage on its second and final reading. Mr. Maxwell made a motion to approve Ordinance 23-0-25 on second and final reading. Mr. Wright seconded the motion. Upon roll call, t he motion was passed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes August 3, 2023, 6:00 pm Page 2 of 5 8. Ordinance 23-0-24 FY24 Budget Amendment (Second and Final Reading) (Administration). The ordinance titled, "ORDINANCE 23-0-24 amending the Fiscal Year 2024 (hereafter "FY2024") Budget (1 st Amendment)" which passed its first reading on July 20, 2023, was offered for passage on its second and final reading. Mr. Maxwell made a motion to approve Ordinance 23-0-24 on second and fina l reading. Vice Mayor Shacklett 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 New Business Land Use Matters 9. Sewer Allocation Variance - River Roel< Boulevard - Commercial Development (Planning). Brad Barbee, Principal Plan ner, presented a Council Communication regarding a proposed development request for additional density above the sewer allocation ordinance's zoning allowance for the proposed multi-tenant commercial center to be located at the intersection of River Rock Boulevard and the new Beasie Road connector street, which is currently under construction. Mr. Ba rbee requested Council approve the variance. Mr. Wright made a motion !O approve the sewer allocation variance. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the fo llowing vote: Aye: Madelyn Scales Ha rris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shaw n Wright, Shane McFarland Nay: None On Motion 10. CIP Reallocation - Butler Drive (Engineering). Chris Griffith, Executive Director of Engineering, presented a Council 8ommunication and proposal to reallocate FY19, FY21 , and FY22 CIP proceeds for the Butler Drive Realignment Project for approval. The estimated cost of this project is $11 ,000,000, which is funded by FY19-FY22 CIP. Mayor McFarland asked if development of that area would include the closure of Old Butler Drive. Mr. Griffith confirmed that it would. Mr. Wade made a motion to approve the CIP reallocation. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes August 3, 2023, 6:00 pm Page 3 of 5 Aye: Madelyn 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 11. Beer Permits (Finance). Jennifer Brown, City Recorder/ Finance Director, presented three regular beer permit applications for approval. Regular beer permit applications included: a new location for a tennis facility at 925 Golf Lane, a permit type change for a market/ restaurant at 1156 East Main Street, and an ownership and name change for a restaurant at 109 N. Maple Street. Applicants have all met requ irements for a permit and were recommended for approval pending final building and codes inspections. Mayor McFarland clarified with Adam Tucker, City Attorney, that beer permits could not be placed on the consent agenda. Mr. Tucker stated that was correct. Under state law, the Beer Board must vote on each application and not as part of the consent agenda. Mr. Wright made a motion to ap prove the beer permits. Mr. Wade seconded the motion. Upon roll call, the mot ion 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 12. Allocation of MED funds for TDOT Grant Application (Transportation). Jim Kerr, Transportation Director, presented a Council Communication and proposal to allocate MED sale proceeds for a TDOT grant application in accordance with the 2040 Major Transportation Plan and the 2023 Statewide Partnership _Program. Reallocated funds will go toward th ree state route widening projects as follows for the primary purpose of funding engineering and a portion of the right-of-way acquisition: $6.6 million for Old Fort Parkway, $9.2 million for Memorial Boulevard and $13.3 million for Lascassas Highway for a total of $29.1 million. Vice Mayor Shacklett made a motion to approve the MED sale allocation. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes August 3, 2023, 6:00 pm Page 4 of 5 Aye: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Future Council Meetings. Craig Tindall, City Manager, st ated that the Council would meet on August 1 O, 2023 at 11 :30 a.m. at the airport for a workshop meeting. Mayor McFarland confirmed with Adam Tucker, City Attorney, that Council would meet for executive session prior to the workshop. Mr. Tindall stated that they would meet at 11 :00 a.m. prior to the workshop in the Conference Room. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 6:18 p.m. SHANEMcfARLAND MAYOR ATTEST: £ ~ -- TUCKER =ECORDER/ CHIEF FINANCIAL OFFICER ~ City Council Meeting Minutes August 3, 2023, 6:00 pm Page 5 of 5

Agenda

MURFREESBORO CITY COUNCIL Regular Meeting Agenda Council Chambers – 6:00 PM August 3, 2023 PRAYER Mayor Shane McFarland PLEDGE OF ALLEGIANCE CEREMONIAL ITEMS STARS Award: Alexia Jakes Public Comment on Actionable Agenda Items Consent Agenda 1. Annual State Airport Maintenance Grant (Airport) 2. Fuel Farm Design Contract Amendment 1 (Airport) 3. First Amendment to the Contract with On-Duty International LLC (Police) 4. 2023 Edward Byrne Memorial JAG Program and MOU with RCSO (Police) 5. Guardrail Replacement Contract - Amendment 2 (Street) 6. Overall Creek Pump Station Expansion Change Order No. 1 (Water Resources) Old Business Ordinance 7. Code Amendment Regarding the Location of Sexually Oriented Entertainment Ordinance 23-O-25 (2nd and Final Reading) (Administration) 8. Ordinance 23-O-24 FY24 Budget Amendment (2nd and Final Reading) (Administration) New Business Land Use Matters 9. Sewer Allocation Variance - River Rock Boulevard – Commercial Development (Planning) On Motion 10. CIP Reallocation - Butler Drive (Engineering) Board & Commission Appointments Licensing 11. Beer Permits (Finance) Payment of Statements Other Business Adjourn COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: Annual State Airport Maintenance Grant Department: Airport Presented by: Chad Gehrke, Airport Manager Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary Approve annual State Airport Maintenance Grant for the Murfreesboro Municipal Airport. Staff Recommendation Recommend approval of the annual State Airport Maintenance Grant. Background Information Each year the Tennessee Department of Transportation-Division of Aeronautics provides funding for the maintenance of the state system of airports. These funds are used for maintenance and repairs of the fuel systems, airfield lighting, mowing equipment, etc. This grant assists with the maintenance of items at the airport that promote safe operations at the Airport such as airfield lighting and other similar systems. Council Priorities Served Responsible budgeting Pursuit and management of available state and federal funds are an essential part of our Airport Budget. Fiscal Impact Airport Maintenance Grant assists with 95% of the cost funding up to $15,000. Attachments Annual State Airport Maintenance Grant DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D Approved to form: __________________________ Adam F. Tucker, City Attorney DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D DocuSign Envelope ID: 54854939-8B39-4E95-85EF-8CB4C41FDD9D COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: Fuel Farm Design Contract Amendment No. 1 Department: Airport Presented by: Chad Gehrke, Airport Director Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary First Contract Amendment for the design of the Airport’s aviation fuel farm equipment. Staff Recommendation Approve Amendment No. 1 to the Airport fuel farm design contract with Griggs and Maloney. Background Information To meet the increasing demand for aviation fuel and comply with new aviation fueling equipment requirements a new aviation fuel farm is being proposed. The City has requested that Griggs & Maloney, Inc. design a fuel farm pad for a 20,000-gallon Avgas tank and a 12,000-gallon Jet A tank. The original design contract with Griggs & Maloney, Inc. for pad design work and bid documents was for $36,500. This Amendment expands the contract to cover design, bid, and coordination for the fueling equipment that will be installed on the pad. The Amendment is for $30,000, which brings the total design work to $66,500. Council Priorities Served Expand infrastructure The design of the new fuel farm will allow the City to improve its ability to meet the demand for aviation fuels at the Murfreesboro Municipal Airport. Fiscal Impact The expense, $30,000, is funded by FY21 CIP and is within the project budget. Attachments Griggs & Maloney, Inc. Contract Amendment No. 1 DocuSign Envelope ID: FF27802A-C0DE-41FA-A511-7BC15A326527 P.O. Box 2968 Murfreesboro, TN 37133-2968 (615) 895-8221 Fax: (615) 895-0632 July 19, 2023 Mr. Chad Gehrke Murfreesboro Municipal Airport P.O. Box 4145 Murfreesboro, Tennessee 37133-4145 R E: AMENDMENT #1 - NEW BULK FUEL FARM FUEL AIRPORT FUEL FARM FUEL & EQUIPMENT RFCSP Dear Mr. Gehrke: Thank you for the opportunity to assist with the New Bulk Fuel Farm at the Murfreesboro Municipal Airport. To date Griggs & Maloney has provided engineering design, bidding, and construction phase services for the construction of the concrete containment pad, truck unloading area, utilities, and grading of the surrounding area for the new fuel farm adjacent to the ramp near where the T-hangar ramp and Taxiway C meet. G&M also assisted with the primary power needs related to the new fuel area which is anticipated to require a new transformer, lighting around the fuel area, and electrical and communications conduit for the equipment. The components of the project are nearing construction completion. G&M was requested to amend its original agreement, dated December 2020, to include assistance with developing a Request for Competitive Sealed Proposals (RFCSP) for a fuel provider vendor and furnishing a complete, in-place fuel management system with equipment. The RFSCP outlined the operational, maintenance and equipment needs. As part of this, G&M assisted in developing the general specifications for the aboveground storage tanks, fuel dispensing, and other fueling equipment (pumps, leak detection, etc.) and assisted in developing the general performance requirements for the RFCSP. G&M supported the process during bidding, responding to bidder questions and drafting language for addenda. G&M will assist the airport with the to be scheduled kickoff meeting with the fuel vendor. The amount of the proposed Amendment #1 is $30,000. The work shall be performed in accordance with the terms and conditions and billing rates agreed to in the original contract. Should you have any questions regarding this proposal, please contact me at (615) 895-8221. Sincerely, ACCEPTED BY CITY OF MURFREESBORO GRIGGS & MALONEY, INC. Ryan Maloney, P.E. Shane McFarland, Mayor Date President APPROVED AS TO FORM cc: Cathy Smith 7/21/2023 Megan Strode Adam Tucker, City Attorney Date COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: First Amendment to the Contract with On-Duty International, LLC Department: Police Presented by: Chief Michael Bowen Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary First Amendment to the contract with On-Duty International, LLC Staff Recommendation Approve the First Amendment to the Contract with On-Duty for police vehicle equipment. Background Information The initial contract between the City and On-Duty Depot, Inc. was approved by Council on July 22, 2022. On-Duty Depot, Inc. was recently purchased by On-Duty International, LLC. This contract provides for the purchase and installation of safety equipment for police vehicles. Council Priorities Served Safe and Livable Neighborhoods Properly equipped vehicles allow officers to timely and appropriately respond to calls for service and provide other support functions. Fiscal Impact Future purchase made pursuant to contract will be brought before Council or in accordance with City purchasing guidelines. Attachments First Amendment to the Contract with On-Duty International, LLC DocuSign Envelope ID: F13077A4-9916-46D8-ABB8-555D8F788ACB FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MURFREESBORO AND ON DUTY INTERNALTIONAL LLC FOR POLICE VEHICLE EQUIPMENT This First Amendment (“First Amendment”) to the Contract entered July 22, 2022, (“Contract”) by and between City of Murfreesboro (“City”), a municipal corporation of the State of Tennessee and On Duty International LLC, a limited liability company of the Commonwealth of Kentucky, (“Contractor”) is effective as of this ______________. RECITALS WHEREAS, on July 22, 2022, the City entered into a contract with On-Duty Depot, Inc. for equipment and installation services set forth in Section 3.4 and listed on page 14 of ITB-64-2022-Police Vehicle Equipment issued on June 7, 2022; and, WHEREAS, Clause 20 of the Contract, states the provisions of this Contract inure to the benefit of and are binding upon the respective successors and assignees of the parties and further allows the Contractor to assign or transfer in whole or in part the rights and obligations of Contractor with consent of the City; and WHEREAS, Contractor notified the City on June 30, 2023, that On Duty Depot, Inc. was purchased by on Duty International LLC on March 1, 2023; and WHEREAS, the City consents to the assignment of the Contract to the new owner, On Duty Depot International LLC; and WHEREAS, the term of the contract between the City and Contractor is currently from July 22, 2022, to July 21, 2023; and, WHEREAS, the contract is renewable annually for up to a maximum of five years per Section 1.15 of the Invitation to Bid and Clause 2 of the Contract; and WHEREAS, the City and Contractor wish to extend the Contract term pursuant to Clause 2 of the current Contract and Section 1.15 of the ITB for an additional year; NOW THEREFORE, the City and Contractor mutually agree: 1. To amend the contract to reflect the assignment of the contract to the new owner, On Duty International LLC, a limited liability company of the Commonwealth of Kentucky. 2. To extend the term of the current Contract, from July 22, 2023, until July 21, 2024. 3. All other terms of the Contract shall remain the same. SIGNATURES ON FOLLOWING PAGE Page 1 of 2 DocuSign Envelope ID: F13077A4-9916-46D8-ABB8-555D8F788ACB IN WITNESS WHEREOF, the parties enter into this amendment as of ____________, 2023. CITY OF MURFREESBORO ON DUTY INTERNATIONAL DEPOT LLC By: By: Shane McFarland, Mayor John T. Bradley, Sales Manager Approved as to form: Adam F. Tucker, City Attorney Page 2 of 2 COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: 2023 Edward Byrne Memorial Justice Assistance Grant Application (JAG) Program and MOU with Rutherford County Sheriff’s Office Department: Police Presented by: Chief Michael Bowen Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary Memorandum of Understanding between the City and the Rutherford County Sheriff’s Office for submission of the 2023 JAG Program. Staff Recommendation Approve the application for the 2023 JAG Program and the MOU with the RCSO for sharing of grant funds. Background Information The Department has been informed by the Justice Department that RCSO and the City are eligible to receive a joint award of $67,468 from the 2023 JAG Program. The City and RCSO will share the grant proceeds equally. The City’s grant allocation of $33,734 will be used to purchase tasers and related supplies. RCSO has agreed that the City would serve as the Fiscal Agent. The Mayor, City Manager, or the official Program Contact designated by the Mayor or City Manager may apply for this funding. The deadline for submission of the application is August 31, 2023 and must be completed online. Jenny Licsko, Finance Manager, MPD has been designated as a Financial Point of Contact (Program Contact) for the Edward Byrne Memorial Justice Assistance Grant monies and is an appropriate person to serve as the Local Grant Administrator and to represent the County and City. Council Priorities Served Safe and Livable Neighborhoods Equipment purchased by the JAG will enhance public safety. Specifically, tasers are a critical law enforcement tool that allows the officers to have a less-lethal use of force option when encountering situations in the field. Fiscal Impacts Total federal award is $67,468 with $33,734 allocated to the City. No matching funds are required. Attachments: 1. Tennessee Local JAG Allocations 2. MOU between the City and RCSO 2 DocuSign Envelope ID: 8DB5D8DA-6510-470D-932C-B52CA29A2C86 2023 Tennesee Local JAG Allocations Listed below are all jurisdictions in the state that are eligible for FY 2023 JAG funding, as determined by the JAG formula. For additional details regarding the JAG formula and award calculation process, with examples, please refer to the JAG Technical report here: https://bjs.ojp.gov/library/publications/justice-assistance-grant-jag-program-2021 and current JAG Frequently Asked Questions here: https://bja.ojp.gov/program/jag/frequently-asked-questions. Finding your jurisdiction: (1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order by county. (2) Direct allocations are listed alphabetically below the shaded, disparate groupings. (3) Counties that have an asterisk (*) under the “Direct Allocation" column did not submit the level of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample MOU is provided online at: https://www.bja.gov/Funding/JAGMOU.pdf. Disparate jurisdictions do not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and for documenting individual allocations in the MOU. State Jurisdiction Name Government Type Direct Allocation Joint Allocation TN ANDERSON COUNTY County * TN OAK RIDGE CITY Municipal $10,961 $10,961 TN BEDFORD COUNTY County * TN SHELBYVILLE CITY Municipal $13,038 $13,038 TN BRADLEY COUNTY County $15,741 TN CLEVELAND CITY Municipal $31,958 $47,699 TN COFFEE COUNTY County * TN TULLAHOMA CITY Municipal $10,511 $10,511 TN DYER COUNTY County * TN DYERSBURG CITY Municipal $15,015 $15,015 TN HAMBLEN COUNTY County * TN MORRISTOWN CITY Municipal $18,819 $18,819 TN HAMILTON COUNTY County $21,021 TN CHATTANOOGA CITY Municipal $171,223 $192,244 TN KNOX COUNTY County $45,246 TN KNOXVILLE CITY Municipal $109,536 $154,782 TN MADISON COUNTY County * TN JACKSON CITY Municipal $50,051 $50,051 TN MAURY COUNTY County $11,011 TN COLUMBIA CITY Municipal $21,297 $32,308 TN MONTGOMERY COUNTY County * TN CLARKSVILLE CITY Municipal $71,197 $71,197 TN RUTHERFORD COUNTY County $16,967 TN MURFREESBORO CITY Municipal $50,501 $67,468 TN SHELBY COUNTY County $50,351 TN MEMPHIS CITY Municipal $1,092,704 $1,143,055 1 DocuSign Envelope ID: 8DB5D8DA-6510-470D-932C-B52CA29A2C86 2023 Tennesee Local JAG Allocations Listed below are all jurisdictions in the state that are eligible for FY 2023 JAG funding, as determined by the JAG formula. For additional details regarding the JAG formula and award calculation process, with examples, please refer to the JAG Technical report here: https://bjs.ojp.gov/library/publications/justice-assistance-grant-jag-program-2021 and current JAG Frequently Asked Questions here: https://bja.ojp.gov/program/jag/frequently-asked-questions. Finding your jurisdiction: (1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order by county. (2) Direct allocations are listed alphabetically below the shaded, disparate groupings. (3) Counties that have an asterisk (*) under the “Direct Allocation" column did not submit the level of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample MOU is provided online at: https://www.bja.gov/Funding/JAGMOU.pdf. Disparate jurisdictions do not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and for documenting individual allocations in the MOU. State Jurisdiction Name Government Type Direct Allocation Joint Allocation TN WASHINGTON COUNTY County $10,811 TN JOHNSON CITY CITY Municipal $20,846 $31,657 TN WILLIAMSON COUNTY County * TN FRANKLIN CITY Municipal $12,138 $12,138 TN WILSON COUNTY County * TN LEBANON CITY Municipal $13,689 $13,689 TN BARTLETT CITY Municipal $13,964 TN BLOUNT COUNTY County $22,147 TN BRISTOL CITY Municipal $11,487 TN COCKE COUNTY County $10,886 TN GREENE COUNTY County $14,364 TN KINGSPORT CITY Municipal $28,103 TN LA VERGNE CITY Municipal $12,037 TN MONROE COUNTY County $14,339 TN NASHVILLE-DAVIDSON COUNTY CITY Municipal $594,876 TN SEVIER COUNTY County $12,062 TN SMYRNA CITY Municipal $15,240 TN SULLIVAN COUNTY County $20,721 Local total $2,654,858 7/25/2023 __________________________________ Craig D. Tindall, City Manager City of Murfreesboro 2 DocuSign Envelope ID: 3A872215-BC55-428C-B87A-807965728533 JUST GRANTS APPLICATION NUMBER _________________ THE STATE OF TENNESSEE KNOW ALL BY THESE PRESENT COUNTY OF RUTHERFORD INTERLOCAL AGREEMENT BETWEEN THE CITY OF MURFREESBORO, TENNESSEE AND COUNTY OF RUTHERFORD, TENNESSEE 2023 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this day of , 2023, by and between the COUNTY of RUTHERFORD, acting by and through its governing body, the County Commission, hereinafter referred to as COUNTY, and the CITY OF MURFREESBORO, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Rutherford County, State of Tennessee, witnesseth: WHEREAS, to receive the award the program requires that this application be filed jointly between COUNTY and CITY, and an Interlocal Agreement be executed between the two entities agreeing upon the amount of funds each is to receive, and which agency will file the application on behalf of both entities; and WHEREAS, representatives of the two entities have agreed that CITY will file the application and share the funds, with the City of Murfreesboro receiving $33,734 and Rutherford County receiving $33,734; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to draw from grant and pay COUNTY a total of $33,734 of JAG funds, as reimbursement for purchases within grant guidelines. COUNTY agrees CITY shall retain a total of $33,734 of JAG funds to spend within grant guidelines. Section 2. COUNTY agrees to use $33,734 for the 2023 Law Enforcement Equipment Purchase Program from October 1, 2023, until September 30, 2027. CITY agrees to use $33,734 for the 2023 Law Enforcement Equipment Purchase Program from October 1, 2023, until September 30, 2027. Page 1 of 2 DocuSign Envelope ID: 3A872215-BC55-428C-B87A-807965728533 JUST GRANTS APPLICATION NUMBER _________________ Section 3. CITY and COUNTY acknowledge that each has reviewed the Standard Assurances and Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug Free Workplace Requirements attached as Exhibit A hereto and shall separately comply with those requirements. Although COUNTY will be a grant sub-recipient of CITY, CITY shall have no right to monitor or enforce COUNTY’s compliance with the Assurances or Certifications. Should the Department of Justice hold CITY financially liable for any violation of said Assurances or Certifications by COUNTY, COUNTY shall indemnify CITY to the extent of such liability. Section 4. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF MURFREESBORO, TENNESSEE COUNTY OF RUTHERFORD, TENNESSEE City Mayor County Mayor Chief of Police Sherriff APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney County Attorney ATTEST: City Recorder Page 2 of 2 COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: Overall Creek Pump Station Expansion Change Order No. 1 Department: Water Resources Presented by: Darren Gore Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary Consider construction contract Change Order No. 1 to accommodate three time- extension requests involved with changes in contract scope. Staff Recommendation Approve Change Order No. 1. Background Information There have been five requests for changes to the project scope that have been approved through change control forms utilizing the construction contingency allowance monies built into the construction contract. These change control forms did not provide for time extensions associated with the change in scope of work. Change Order No. 1 has been prepared to request approval of a 36-day time extension to the construction contract. There is no change in contract price with this change order. The contract amount remains at $4,963,947. Council Priorities Served Expand infrastructure The Overall Creek pump station expansion allows the high growth areas of the City, west of I-24, to continue to economically develop by providing capacity for new sewer connections as well as diminishing the risk of overflows occurring during heavy periods of rain. Fiscal Impact None. Attachments Change Order No. 1 DocuSign Envelope ID: 62182B25-5A17-47E2-B98A-AF0EE62A0A5A July 13, 2023 Mrs. Valerie H. Smith, PE Assistant Director - Engineering & Compliance Murfreesboro Water Resources Department P.O. Box 1477 Murfreesboro, TN 37133-1477 Sent Via Email Re: Overall Creek Pump Station & Force Main Expansion – Contract 1 Change Order No. 1 Dear Valerie: Blakley Construction Services, LLC has submitted six (6) change order requests during the referenced construction project which are compiled into this Change Order No. 1. The requested changes are detailed in the attached change control forms (CCF(s)). Recall that CCFs 1 – 5 have been approved by the Board. CCF 6 is a new request for a 20-day contract time extension and no cost. SSR has reviewed CCF 6 and recommends approving the 20-day extension. Recall that CCF 3 and CCF 5 also included time extension requests of 10 and 6 days, respectively, and were approved with the understanding that the time portion of those CCFs would be included in a future formal contract change order. SSR recommends a total contract time extension of 36 days as summarized in this Change Order No. 1. Change Order No. 1 does not change the contract price. All the change items have been accounted with the $200,000.00 construction contingency allowance, leaving $80,713.00 in available allowance funds. If MWRD agrees with the change order, please sign, and return a copy to me. If you have any questions, please contact me. Sincerely, SMITH SECKMAN REID, INC. Brentley D. Fowler, P.E. Enclosures BDF/bdf cc: Marshall Fall, MWRD Terry Rhea, Herby Rader, RPR (w/enclosure) T:\Team41\2019\19410180\CA\PS\Correspondence\Letters\BDF230713_LTR_Change_Order_1.docx 2995 Sidco Drive, Nashville, Tennessee 37204 Tel: 615.383.1113 · Fax: 615.386.8469 · www.ssr-inc.com DocuSign Envelope ID: 62182B25-5A17-47E2-B98A-AF0EE62A0A5A CHANGE ORDER NO. 01 Date Issued for July 10, 2023 Effective Date: July 27, 2023 Approval: Overall Creek PS & FM Expansion – Project: Contract No.: 1 Contract 1 Owner: City of Murfreesboro Owner Project No.: N/A Engineer: Smith Seckman Reid, Inc. SSR Project No.: 1941018.0 Contractor: Blakley Construction Services, LLC Government Project No.: N/A The contractor is hereby authorized and directed to make the changes described below, and agrees to furnish all labor, materials, and equipment to accomplish the changes in accordance with the applicable portions of the Contract Documents for this project. Description of Change (Including Location and Reasons Therefore): See attached “Description of Change Summary.” Enclosures and References: See attached “List of Attachments.” CONTRACT AMOUNT TIME Original Contract Price $4,963,947.00 Substantial Completion Date Prior to Change Order 09/27/2023 Contract Price Prior to Change Order $4,963,947.00 Final Payment Date Prior To Change Order 10/27/2023 Net Amount This Change Order $0.00 Net Time This Change Order 36 days Revised Contract Price $4,963,947.00 Revised Substantial Completion Date 10/07/2023 Revised Final Payment Date 11/06/2023 Remarks: 1. The party initiating the change order request is: Contractor Owner Engineer Agreement: In executing this change order, it is mutually agreed that the amounts provided for herein will be accepted by the contractor as full compensation for all known costs associated in the work, including all direct and indirect costs, and any and all known costs associated with delays or additional time, if any, which may be required as a result of said changes. Recommended for Approval by Engineer (authorized signature): Date: 07/10/2023 Authorized for Owner by (authorized signature): Date: Accepted for Contractor by (authorized signature): Date: Approved by Funding Agency (authorized signature, if applicable): Date: T:\Team41\2019\19410180\CA\PS\Construction Changes\Change Orders\Change_Order_1.doc 2995 Sidco Dr., Nashville, TN 37204 Tel: 615.383.1113 · Fax: 615.386.8469 · www.ssr -inc.com DocuSign Envelope ID: 62182B25-5A17-47E2-B98A-AF0EE62A0A5A CHANGE ORDER NO. 01 Page 2 Description of Change Summary: 1. CCF No. 1. Change to add grounding rings to the flow meters. Total Add Cost .......................................................................................................$4,017.00 Total Time Change ..................................................................................................... 0 days 2. CCF No. 2. Change to delete factory motor testing. Total Credit Cost ................................................................................................. $(2,200.00) Total Time Change ..................................................................................................... 0 days 3. CCF No. 3. Change to add a backup control panel. Total Add Cost .....................................................................................................$61,174.00 Total Time Change ................................................................................................... 10 days 4. CCF No. 4. Existing generator relocation to DeJarnette Lane PS. Total Add Cost .....................................................................................................$16,296.00 Total Time Chane ....................................................................................................... 0 days 5. CCF No. 5. Meter vault modifications and bypass connection. Total Add Cost .....................................................................................................$40,000.00 Total Time Chane ....................................................................................................... 6 days 6. CCF No. 6. Contract time extension. Total Add Cost ..............................................................................................................$0.00 Total Time Chane ..................................................................................................... 20 days TOTAL CHANGE ORDER NO. 01 .........................................................................$0.00 TOTAL DAYS CHANGE ORDER NO. 01 ...................................................... 36 DAYS TOTAL DEBIT TO CONTINGENCY ALLOWANCE .............................$119,287.00 TOTAL REMAINING IN CONTINGENCY ALLOWANCE .....................$80,713.00 List of Attachments: 1. CCF 01. 2. CCF 02. 3. CCF 03. 4. CCF 04. 5. CCF 05. 6. CCF 06. 7. Change Control Log. Attachment provides justification for Change No. 1, above. T:\Team41\2019\19410180\CA\PS\Construction Changes\Change Orders\Change_Order_1.doc 2995 Sidco Dr., Nashville, TN 37204 Tel: 615.383.1113 · Fax: 615.386.8469 · www.ssr -inc.com COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: Code Amendment Regarding the Location of Sexually Oriented Entertainment [Second Reading] Department: Administration Presented by: Craig Tindall, City Manager Requested Council Action: Ordinance ☒ Resolution ☐ Motion ☐ Direction ☐ Information ☐ Summary Ordinance amending the City Code to clarifies the location of sexual oriented entertainment. Staff Recommendation Pass and adopt Ordinance 23-O-25 amending City Code § 21-25. Background Information City Code currently imposes distance restrictions between certain land uses and sexually oriented adult businesses. These restrictions serve to protect the identified land uses from the undue secondary effects of such adult businesses. The amendment incorporates entertainment events that has the secondary effects on nearby land uses. Sexually oriented adult entertainment events are separated from churches, daycare facilities, public libraries, school, funeral parlors, parks, and homes. Exceptions are made to protect speech that legitimately expresses matters of serious literary, artistic, scientific, or political value. Council Priorities Served Improve economic development Assuring that property rights are protected from the deleterious effects of certain activities is crucial to the development and enhancement of economic activity within the City. Maintain public safety Separating activity that has the recognized potential to negatively impact public safety from land uses that are sensitive to an deleterious effect of the activity assists in maintain public order, health, and safety. Fiscal Impact None April 2023 Attachments Ordinance 23-O-25 2 ORDINANCE 23-O-25 amending the Murfreesboro City Code, Chapter 21, Offenses and Miscellaneous Provisions, Article I, Section 21-25, regarding sexually oriented adult entertainment. WHEREAS, the conduct of sexually oriented adult entertainment in proximity to certain other permitted land uses has deleterious secondary impacts upon public safety, public health, property values, community economic conditions, and the reasonable use and enjoyment of adjacent permit land uses; and WHEREAS, special regulation of sexually oriented adult entertainment is necessary to prevent adverse effects that contribute to the diminishment of property rights, contribute to the blighting or downgrading of surrounding areas, and tend to limit the beneficial use of public facilities for which significant public funds have been expended; and WHEREAS, the City Council believes it is in the best interests of the City to adopt an ordinance that restricts the location at which sexual oriented adult entertainment may be conducted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Chapter 21, Article I of the Murfreesboro City Code is hereby amended by deleting the existing Section 21-25, currently marked “Reserved,” and in lieu thereof establishing the following new Section 21-25: “Section 21-25 Sexually Oriented Adult Entertainment. (A) A person commits an offense if the person engages in sexually oriented adult entertainment on a commercial premises or other public venue to which members of the public are invited or admitted, where such commercial premises or public venue is located within five hundred (500) feet of: (1) a church; (2) a state-licensed daycare facility; (3) public library; (4) public or private educational facilities which serve persons aged seventeen (17) or younger, an elementary school, or a high school; (5) a funeral parlor/home; (6) a public park; (7) the property line of a lot devoted to residential use; (8) a residentially zoned district as defined in Appendix A - Zoning of Murfreesboro City Code; or, Sexually Oriented Adult Enterntainment Ordinance.docx (9) a business licensed or permitted to sell beer or intoxicating liquors as defined in Chapter 4, Murfreesboro City Code. (B) For purposes of this section, sexually oriented adult entertainment means any exhibition of an adult-oriented motion picture or live performance that: (a) is erotic in nature and exhibited with the intent to sexually arouse or stimulate a person; and (b) involves the actual or simulated performance of specified sexual activities or has as its predominant focus or is predominately characterized by the exhibition and viewing of specified anatomical areas. In addition, the terms “specified sexual activities” and “specified anatomical areas” shall have the meaning ascribed to them in Section 32, Appendix A – Zoning, Murfreesboro City Code. Notwithstanding the foregoing, a motion picture or live performance does not constitute sexually oriented adult entertainment where the motion picture or live performance, when taken as a whole, expresses matters of serious literary, artistic, scientific, or political value. Furthermore, a motion picture will not be deemed a sexually oriented adult entertainment by virtue of it having received an R or NC-17 rating from the Motion Picture Association of America or a TV-MA rating under the Television Parental Guidelines. (C) Measurements required under subsection (A) shall be made in a straight line, without regard to intervening structures or objects, from the nearest lot line on which is located a building or structure used as a part of the premises where a sexually oriented adult entertainment is conducted, to the nearest property line of: (1) a church; (2) a state-licensed daycare facility; (3) public library; (4) public or private educational facilities which serve persons aged seventeen (17) or younger, an elementary school, or a high school; (5) a funeral parlor/home; (6) a public park; (7) the property line of a lot devoted to residential use; (8) a residentially zoned district as defined in Appendix A - Zoning of Murfreesboro City Code; or, (9) a business licensed or permitted to sell beer or intoxicating liquors as defined in Chapter 4, Murfreesboro City Code. (D) Any person violating this section shall commit an offense against the City, and upon conviction shall be punished as provided in Code § 1-8.” Sexually Oriented Adult Enterntainment Ordinance.docx SECTION 2. That this Ordinance shall take effect fifteen (15) days after its passage upon second and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Jennifer Brown Adam F. Tucker City Recorder City Attorney SEAL Sexually Oriented Adult Enterntainment Ordinance.docx COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: FY24 Budget Amendment [Second Reading] Department: Administration Presented by: Erin Tucker, Budget Director Requested Council Action: Ordinance ☒ Resolution ☐ Motion ☐ Direction ☐ Information ☐ Summary Amendment to the City’s FY24 Budget Ordinance Staff Recommendation Approve Ordinance 23-O-24, amending the City’s budget on second and final reading. Background Information The State of Tennessee announced a grant for School Resource Officers (SRO) after the FY24 Budget was approved. This grant is anticipated to provide $75,000 to the City per school, totaling $975,000. At the July 20, 2023, City Council meeting, Council increased the proposed Public Safety pay increase from 2.5% to 5%. The fiscal impacts are reflected below: Fire Rescue The Fire Rescue Department’s payroll increases result in a recommended increase of approximately $980,300. Police The Police Department’s payroll increases result in a recommended increase of approximately $1,493,000. Council Priorities Served Responsible Budgeting The budget amendments reflect the City’s increased revenues and expenses. Fiscal Impact The amendment to the City’s FY24 budget results in a decrease in ending Fund Balance of $1,498,300. Attachments FY24 City Budget Ordinance 23-O-24 and Exhibit A DocuSign Envelope ID: D23E2F64-2EDC-408D-A8CD-8F8C1671CBB6 ORDINANCE 23-O-24 amending the Fiscal Year 2024 (hereafter “FY2024”) Budget (1st Amendment). WHEREAS, the City Council adopted the FY2024 Budget by motion; and, WHEREAS, the City Council adopted an appropriations ordinance, Ordinance 23-O-18, on June 8, 2023 to implement the FY2024 Budget; and, WHEREAS, it is now desirable and appropriate to adjust and modify the FY2024 Budget adopted by this Ordinance to incorporate expenditure decisions made during the 2023-2024 fiscal year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The FY2024 Budget adopted by the City Council is hereby revised and amended as shown on Exhibit A, attached hereto. SECTION 2. That this Ordinance take effect immediately upon and after its passage upon second and final reading, as an emergency Ordinance, an emergency existing, and it being imperative to provide for the necessary expenses, general and special, of said City of Murfreesboro for the FY2024 at the earliest practicable time, the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading ATTEST: APPROVED AS TO FORM: Jennifer Brown Adam F. Tucker City Recorder City Attorney SEAL 23-O-24 FY 2024 Budget 1st Amendment 4876-1903-8318 v.1.doc Exhibit A - AMENDED Page 1 BUDGET AMENDMENT AS PASSED OR AMENDED INCREASE Department Account PREV AMENDED BUDGET (DECREASE) General Fund Revenues Unassigned State of TN SRO Grant $ 975,000.00 $ 975,000.00 $ 975,000.00 Expenditures Unassigned Fire Rescue Salaries $ 16,283,244.00 $ 17,090,660.00 $ 807,416.00 Fire Rescue Social Security & Medicare $ 1,397,304.00 $ 1,457,287.00 $ 59,983.00 Fire Rescue Pension $ 1,586,552.00 $ 1,665,880.00 $ 79,328.00 Fire Rescue Defined Contribution $ 582,382.00 $ 611,406.00 $ 29,024.00 Fire Rescue LTD $ 92,604.00 $ 97,234.00 $ 4,630.00 Police Salaries $ 25,226,575.00 $ 26,463,220.00 $ 1,236,645.00 Police Social Security & Medicare $ 2,066,793.00 $ 2,164,927.00 $ 98,134.00 Police Pension $ 1,879,163.00 $ 1,972,660.00 $ 93,497.00 Police Defined Contribution $ 1,013,897.00 $ 1,071,629.00 $ 57,732.00 Police LTD $ 136,896.00 $ 143,741.00 $ 6,845.00 $ 2,473,234.00 CHANGE IN UNASSIGNED FUND BALANCE $ 555,926.00 $ (942,308.00) $ (1,498,234.00) TOTAL ENDING FUND BALANCE (ESTIMATED) $ 158,709,364.00 $ 157,211,130.00 $ (1,498,234.00) COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: Sewer Allocation Variance- River Rock Boulevard – Commercial Development Department: Planning Presented by: Brad Barbee, Planner Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary A proposed development request for additional density above the sewer allocation ordinance’s zoning allowance. Staff Recommendation Approval of variance request allowing higher single-family unit equivalent density (sfu) by approximately one sfu for the proposed commercial center. Background Information The Planning Department has conducted a pre-application meeting for a site plan for a new multi-tenant commercial center to be located at the intersection of River Rock Boulevard and the new Beasie Road connector street, which is currently under construction. For additional context, this property also houses the former Racquet Club building. The property is currently zoned Commercial Highway (CH), which, per the ordinance, only allows 2.5 sfu’s/acre. The lot in question is 3.2 acres in size and thus is allowed only eight sfu’s. The anticipated usage is approximately nine sfu’s; therefore, the development of the commercial center will use more than the ordinance allows by approximately one sfu. The sanitary sewer system can handle the increased flows for the proposed development. Staff views the advantages of job creation and tax revenue of greater benefit than the requested additional sewer capacity. Council Priorities Served Improve economic development The development will create jobs and provide additional tax revenue. It will also provide commercial services convenient to the large number of existing rooftops in the vicinity. Concurrence MWRD concurs with the request based on sewer system capacity. Fiscal Impact The development will generate commercial tax rate revenue as well as pay one-time development fees. Attachments 1. Request letter from applicant 2. Concept site plan 3. Memo from MWRD 2 . . . creating a better quality of life MEMORANDUM DATE: July 20, 2023 TO: Greg McKnight FROM: Valerie H. Smith SUBJECT: Racquet Club Subdivision Lot 1 (Phase 1) Sewer Allocation Ordinance (SAO) Variance Request Sewer System Capacity The sanitary sewer collection system can convey the estimated sewer flows resulting from this development and its request to vary from the density requirements associated with its current land use zoning. Effects within Basin by Providing Variance to Sewer Allocation Per the most recent sewer connection model of the system and per the 2022 Sewer Allocation report, this Basin MF11A currently has capacity for 4759 connections. By committing sewer service to this development, Staff is determining that basin 11A’s sewer connection capacity will be reduced by one connection, resulting in 4758 available connections for future developments. Currently, staff have determined there is capacity downstream of the site. Please note that while each building is counted as 1 sewer connection, the current single‐family unit (sfu) equivalency based on estimated water usage data is determined to be 9 sfu’s, resulting in a larger sewer discharge than the 490 gallon per day per connection average the model is based upon. Per the existing Commercial Highway zoning (allotted 2.5 sfu/acre) and acreage, 3.2 acres, the property is allowed 8 sfu’s. Therefore, the development is requesting a variance of 1 sfu. Water Resources staff advises variance requests to be diligently considered to ensure the benefit to the City is commensurate with the sewer capacity committed to any proposed development requesting a variance to the sewer allocation ordinance. Water Resources Department 300 NW Broad Street * P.O. Box 1477 * Murfreesboro, TN 37133-1477 * Office: 615 890 0862 * Fax: 615 896 4259 TTY 615 848 3214 * www.murfreesborotn.gov COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: FY19, 21, and 22 CIP Funds Reallocated for the Butler Drive Realignment Project Department: Engineering Presented by: Chris Griffith, Executive Director Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary Reallocate FY19, 21, and 22 proceeds to the Butler Drive Realignment Project. Staff Recommendation Approve the reallocation of funds to the Butler Drive project utilizing existing bond and loan proceeds. Background Information In March 2023, Council approved the design contract for the realignment of Butler Drive. This design realigns Butler Dr. to the west and ties it into Joe B Jackson Parkway approximately 600 feet west of the current intersection. This design is a three-lane curb and gutter section with a sidewalk on each side, as outlined as a committed project in the 2040 Major Transportation Plan. The design has been completed and the project is beginning the right-of-way acquisition and construction phases. Staff is requesting these additional funds to cover the costs of these remaining phases. The additional funds, $7,273,920, are reallocated from FY19, FY21, and FY22 CIP projects that are completed or deferred. The remaining amount composing the project budget of $11m funded by the FY21 CIP. Council Priorities Served Expand Infrastructure Implementation of the 2040 Major Transportation Plan through the expansion of existing roadways. Fiscal Impact The estimated cost this project is $11,000,000, which is funded by FY19-FY22 CIP. Attachments 1. CIP Transfer Form. 2. Roadway Exhibit of Proposed Realignment. ER N TL BU DR EXIST. R.O.W. (TYP.) PROP. R.O.W. (TYP.) 23 PROP. 'V' DITCH (TYP.) BOARD OF RUTHERFORD COUNTY INDUSTRIAL DEVELOPMENT 36"CM P 22 O OBED STRICKLAND TOP OF CUT (TYP.) LD 60' ER 10' TEMP. CONST. ESMT. (TYP.) TL BU DR 18" RCP PROP. RETAINING WALL PERM. DRAINAGE ESMT. (TYP.) 21 INTERSTATE BUTLER DRIVE, LLC TOE OF FILL (TYP.) PROP. 'V' DITCH (TYP.) 24 20 GLORIOUS WONDERS 60' CHILDCARE CENTER, LLC JAMES HENRY 19 KING AND WIFE, 16 LULA KING PROP. R.O.W. (TYP.) ESTATE OF EDWARD SAMUEL ELAM 18 RUBY N. WINFREE WILLIAM L. MURRAY 17 AND WIFE, 10' TEMP. CONST. ESMT. (TYP.) SHERRI K. MURRAY PROPERTY LINE (TYP.) TOP OF CUT (TYP.) 15 ALICE FAYE KING BUTLER DR 14 MATTIE 13 MARABLE WILMA HENRIETTA MINTER 12 AND SPOUSE, MATTIE 11 DOC MARSHALL MINTER MARABLE PATRICIA A. MARABLE 1 ELAM ROAD VENTURES, LLC 10 CITY OF MURFREESBORO 60' 9 CITY OF MURFREESBORO 8 MACDONALD ASSOCIATES, LLC R D PROP. R.O.W. (TYP.) R LE T U B 10' TEMP. CONST. ESMT. (TYP.) LD O PROPERTY LINE (TYP.) TOE OF FILL (TYP.) M I D D LE F Y O W R K 7 PK S N T O QUIKTRIP CORPORATION SO N CK E JA S R B. I E V E JO R 6 ELAM ROAD TOE OF FILL (TYP.) VENTURES, LLC 6 0 ' PROP. R.O.W. (TYP.) PERM. DRAINAGE ESMT. (TYP.) 5 8 0 ' MACDONALD ASSOCIATES, LLC 4 SHERRIE ELAM YOKLEY, DIXIE ELAM HOOPER, EDWARD SAMUEL ELAM, III, & CHARLES RAY ELAM EXIST. R.O.W. (TYP.) PROP. BUC-EE'S E (BY OTHERS) L A 2 M R NARAYAN D ASSOCIATES 3 ELAM ROAD VENTURES, LLC BUTLER DRIVE REALIGNMENT 0' 150' 300' 450' PRELIMINARY DESIGN MAP MURFREESBORO, TN 11/08/2022 COUNCIL COMMUNICATION Meeting Date: 08/03/2023 Item Title: Beer Permits Department: Finance Presented by: Jennifer Brown, City Recorder Requested Council Action: Ordinance ☐ Resolution ☐ Motion ☒ Direction ☐ Information ☐ Summary TCA 57-5-103 delegates the authority to regulate the sale, distribution, manufacture, or storage of beer to the City where the business is located. Staff Recommendation The applications from the following applicants meet requirements and are recommended to be approved. The permits will only be issued once the permits are approved by the City Council (Beer Board) and building and codes final inspections are passed for regular beer permits or a special event permit is approved for special event beer permits. Regular Beer Permits Name of Name of Type of Type of Address Reason Applicant Business Permit Business Murfreesboro Park & Rec. Adams Tennis Adams Tennis 925 Golf On- New Complex Complex Lane premises Tennis Facility Location San Marco Supermercado San Marcos 1156 East Market/ Permit Type LLC Supermercado Main St. Combined Restaurant Change Ownership Fire Korean Fire Korean 109 N. On- & Name BBQ, LLC BBA & Bar Maple St. premises Restaurant Change Background Information All applicants meet the requirements for issuing a beer permit per the City Code Chapter 4 Alcoholic Beverages with the exception of pending building and codes inspections for regular beer permits or pending special event permit for special event beer permits. Council Priorities Served Maintain public safety Controlling the sale of beer within the City provides enforcement tools by the City for restrictions as to where beer is sold, ability to obtain the right to sell beer, time of beer sales and onsite consumption. Attachments Summaries of Request 2 Beer Application Summary of information from the beer application: Name of Business Entity/Sole Proprietor Murfreesboro Parks & Rec. Adams Tennis Complex Name of Business Adams Tennis Complex Business Location 925 Golf Lane Type of Business Tennis Facility Type of Permit Applied For On-Premises Type of Application: New Location X Ownership Change Name Change Permit Type Change Government X Corporation Partnership LLC Sole Proprietor Local Manager: Name Nate Williams Age 37 Residency City/State Rockvale/TN Race/Sex White/M Background Check Findings City of Murfreesboro: No indication of any record that may preclude the applicant for consideration. TBI/FBI: No indication of any record that may preclude the applicant for consideration. Application Completed Properly? Yes Occupancy Application Approved? No The actual beer application is available in the office of the City Recorder. ***I request permission to issue the beer permit upon successful completion of all required building and codes inspections. Beer Application Summary of information from the beer application: Name of Business Entity/Sole Proprietor San Marcos Supermercado, LLC Name of Business San Marcos Supermercado Business Location 1156 East Main St Type of Business Market/Restaurant Type of Permit Applied For Combined Type of Application: New Location Ownership Change Name Change Permit Type Change X Corporation Partnership LLC X Sole Proprietor 5% or more Ownership Name Macky Lattanavong Age 23 Residency City/State Murfreesboro/TN Race/Sex Asian/F Background Check Findings City of Murfreesboro: No indication of any record that may preclude the applicant for consideration. TBI/FBI: No indication of any record that may preclude the applicant for consideration. Application Completed Properly? Yes Occupancy Application Approved? No The actual beer application is available in the office of the City Recorder. ***I request permission to issue the beer permit upon successful completion of all required building and codes inspections. Beer Application Summary of information from the beer application: Name of Business Entity/Sole Proprietor Fire Korean BBQ, LLC Name of Business Fire Korean BBQ & Bar Business Location 109 N. Maple St. Type of Business Restaurant Type of Permit Applied For On-premises Type of Application: New Location Ownership Change X Name Change X Permit Type Change Corporation Partnership LLC X Sole Proprietor 5% or more Ownership Name Nicholas Ray Carulla Age 33 Residency City/State Nashville/TN Race/Sex White/M Background Check Findings City of Murfreesboro: No indication of any record that may preclude the applicant for consideration. TBI/FBI: No indication of any record that may preclude the applicant for consideration. Name David Carulla Age 33 Residency City/State Manchester/TN Race/Sex White/F Background Check Findings City of Murfreesboro: No indication of any record that may preclude the applicant for consideration. TBI/FBI: No indication of any record that may preclude the applicant for consideration. Application Completed Properly? Yes Occupancy Application Approved? No The actual beer application is available in the office of the City Recorder. ***I request permission to issue the beer permit upon successful completion of all required building and codes inspections. No Items.

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