City Council

City of Murfreesboro City Council- Regular Session Thursday, November 2, 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 regula r session at its regular meeting plac.e in the Council Chambers at City Hall at 6:00 p.m. on Thursday, November 2, 2023. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright City Representatives Present Craig Tindall, City Manager Adam Tucker, City Attorney Jennifer Brown, City Recorder/ Finance Director Randolph Wilkerson, Human Resources Director Matthew Blomeley, Assistant Planning Director Brad Barbee, Planner Michael Bowen, Police Chief Raymond Hillis, Executive Director of Public Works/ Streets Director Darren Gore, Assistant City Manager/ Water Resources Director Chris Yeager, City Clerk Mayor McFarland called the meeting to order. Upon the recent passing of Sally Wall and her pre-deceased husband Howard Wall, he wanted to recognize and acknowledge their contributions and support of the Murfreesboro City Schools System, Black Fox Elementary and the City of Murfreesboro. Prayer and Pledge of Allegiance Mr. Wright commenced the meeting with a prayer followed by the Pledge of Allegiance. Ceremonial Items STARS Award for August 2023. Randolph Wilkerson, Human Resources Director, presented the STARS Award for the month of August upon April Mcclurkan of the Emergency Communications Specialist in the Murfreesboro Police Department. The STARS award purpose is to recognize City employees who go above and beyond the call of duty. Ms. McClurkan's determination, timely focus City Council Meeting Minutes November 2, 2023, 6:00 pm Page 1 of 12 and frequent communication during a time when multiple vehicle break-ins and thefts were reported led to the apprehension of a suspect and recovery of one of the stolen vehicles. Mr. Wilkerson stated that Ms. McClurkan's actions on the job are deserving of a STARS Award. Proclamation - Providence Christian Academy Girls Golf Team. Mayor Shane McFarla nd presented a Proclamation to the Providence Christian Academy Girls Golf Team w ho proudly represented the City of Murfreesboro throughout its spectacular playing season bywinning t heirthird consecutive TSSAA State Golf Championship and many other 2023 season accom plishments. Mayor Shane McFarland, Mayor of the City of Murfreesboro, Tennessee, on behalf of the entire City Council, proclaimed November 2, 2023 as a day to honor and recognize the accomplishments of the Providence Christian Academy Girls GolfTeam. Proclamation - Providence Christian Academy High School Women's Varsity Volleyball Team. Mayor Shane McFarland presented a Proclamation to the Providence Christian Academy High School Women's Varsity Volleyball Team who proudly represented the City of Murfreesboro by winning championship games and accomplishing multiple successes throughout its season. Mayor Shane McFarland, Mayor of the City of Murfreesboro, Tennessee, on behalf of the entire City Council, proclaimed November 2, 2023 as a day to honor and recognize the accomplishments of the Providence Christian Academy High School Women's Varsity Volleyball Team. Public Comment on Actionable Agenda Items Mayor McFarland announced that no one had registered to speak at public comment on actionable items, so he moved to Consent Agenda consideration. Consent Agenda The Consent Agenda was presented for approval with Council Communications for t he following items: 1. New State Contract for Verizon Wireless Services (Information Technology). 2. Amendment One to Grant Contract (Police). 3. First Amendment to Saas Agreement with Utility Associates (Police). 4. Asphalt Purchases Report (Water Resources). 5. Hobas Pipe Rehabilitation Change Order No. 1 (Water Resources). 6. Engineering Task Order Amendment for High Services Pump Station and Membrane Fee Pump Improvements (Water Resources). Mr. Wade made a motion to approve the Consent Agenda. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes November 2, 2023, 6:00 pm Page 2 of 12  Mayor McFarland acknowledged and thanked Leadership Rutherford for attending the Council meeting. Old Business Ordinance 7. Ordinance 23-0-31 Modify City Code §§21-23(C) and 21-71 (Second and Final Reading) (Administration). The ordinance titled, "ORDINANCE 23-0-31 amending Murfreesboro City Code, Chapter 21, Offenses and Miscellaneous Provisions, Article I, Section 21-23 and Article 111, Section 21-71, regarding the definition of sexual conduct" which passed its first reading on October 19, 2023, was offered tor passage on its second and final reading. Ms. Averwater made a motion to approve Ordinance 23-0-31 on second and f inal reading. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shane Wright, Shane McFarland Nay: None Land Use Matters 8. Sewer Allocation Variance - Old Fort Parkway - Dutch Bros. Coffee (Planning). Matthew Blomeley, Assistant Planning Director, stated that this sewer allocation variance had been deferred twice by Council and was being presented again at the request of the applicant. Mr. Blomeley continued by presenting a Council Communication and documents regarding a proposed development request for additional density above the sewer allocation ordinance's zoning allowance for a new Dutch Bros. Coffee Shop to be located at the northeast corner of the intersection of the Old Fort Parkway frontage road and Market Place. Mr. Blomeley reviewed the site plan that was approved by the Planning Corn mission, explaining the proposed traffic plan including ingress and egress to the site. Mr. Blomeley stated that Brick Murfree, representing Dutch Bros. and the property owner, Grace Wooten, of RaganSmith (Engineering Designer) and Paul Shaffer, the property owner, were available for Council questions. Ms. Scales Harris made a motion to approve the sewer allocation variance. Mr. Maxwell seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Nay: Shawn Wright, Shane McFarland City Council Meeting Minutes November 2, 2023, 6:00 pm Page 3 of 12  9. Ordinance 23-02-42 Amending the PND zoning for property along Manson Pike (Second and Final Reading) (Planning). The ordinance titled, "ORDINANCE 23-02-42 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to amend the conditions applicable to approximately 8.23 acres in the Planned Institutional Unit Development (PND) District (Rutherford Collegiate Prep PND) located along Manson Pil<e, as indicated on the attached map, Ryan Companies US, Inc., applicant (2023-41 OJ " which passed its first reading on October 19, 2023, was offered for passage on its second and final reading. Mr. Wright made a motion to approve Ordinance 23-0-42 on second and final reading. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacl<lett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 10. Ordinance 23-OZ-41 Rezoning property along Medical Center Parkway and Robert Rose Drive (Second and Final Reading) (Planning). The ordinance titled, "ORDINANCE 23-OZ-41 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to amend the conditions applicable to approximately 11.4 acres in the Planned Unit Development (PUD) District (TDK Corporate Headquarters/ Vintage "Mixed Use" PUD) located along Medical Center Parkway, Robert Rose Drive and Maplegrove Drive and to rezone approximately 2.4 acres from Com mercial Highway (CH) District and Gateway Design Overlay One (GDO-1) District t o Planned Un it Development (PUD) District and Gateway Design Overlay One (GDO-1) District as indicated on the attached map, TDK Construction, applicant [2023-413]" which passed its first reading on October 19, 2023, was offered for passage on its second and final reading. Mr. Wright made a motion to approve Ordinance 23-0-41 on second and final reading. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the f ollowing vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 11. Ordinance 23-OZ-43 Rezoning property along Medical Center Parkway (Second and Final Reading) (Planning). The ordinance titled, "ORDINANCE 23-OZ-43 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and City Council Meeting Minutes November 2, 2023, 6:00 pm Page 4 of 12  as now in force and effect, to rezone approximately 12.0 acres along Medical Center Parkway from Commercial Highway (CH) District and Gateway Design Overlay One (GDO-1) District to Planned Commercial Development (PCD) District and Gateway Design Overlay One (GDO-1) District (The Avenue of Murfreesboro PCD); Big V Property Group, applicant (2023-409]" which passed its first reading on October 19, 2023, was offered for passage on its second and final reading. Mr. Maxwell made a motion to approve Ordinance 23-0-43 on second and final reading. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Land Use Matters 12. Sewer Allocation Vari~nce - Memorial Blvd - Jaymes Retail Center (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 for the proposed multi-tenant commercial building to be located along the east side Memorial Boulevard, north of Osborne Lane. The variance requests to increase single-family unit equivalent density (sfu) by approximately 5.4 sfu's. Mr. Barbee stated the Planning Department has reviewed the variance request and recommends approval. Mr. Maxwell made a motion to approve the sewer allocation variance. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 13. Sewer Allocation Variance - Memorial Blvd - Jaymes Academy (Planning). Brad Barbee, Planner, presented a Council Communication and documents regarding a proposed development request tor additional density above the sewer allocation ordinance's zoning allowance for new daycare center to be located along the east side of Memorial Boulevard, north of Osborne Lane. The variance requests to increase single-family unit equivalent density (sfu) by approximately 2.5 sfu's. Mr. Barbee stated the Planning Department has reviewed the variance request and recommends approval. City Council Meeting Minutes November 2, 2023, 6:00 pm Page 5 of 12  Mr. Maxwell made a motion to approve the sewer allocation variance. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None On Motion 14. Abandon Greenway Trail Easement (Administration). Craig Tindall, City Manager, presented a Council Communication regarding approval of formal abandonment of Greenway Trail Easements over property that has been sold. Mr. Tindall requested Council approve abandonment and authorize the Mayor to execute the Easement Abandonment and Quitclaim to Swanson Developments, LP. Mr. Maxwell made a motion to approve the abandonment and authorize the Mayor to execute the Easement Abandonment and Quitclaim to Swanson Developments, LP. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 15. Abandon Greenway ·rrail Easement and Establish Conservation Easement for Greenway Trail Purposes (Administration). Craig Tindall, City Manager, presented a Council Communication and documents regarding abandoning a Greenway Trail Easement over property that has been sold to Sunset on the Stones River, LLC and replace it with an Agreement for Grant Conservation Easement for greenway trail purposes. Mr. Tindall requested Council approve abandonment of the greenway easement and execution of an Agreement for Grant Conservation Easement. Mr. Wright made a motion to approve the abandonment of the greenway easement and execution of an Agreement for Grant Conservation Easement. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 16. Wellness Services Agreement for 2024 (Human Resources). Randolph Wilkerson, Human Resources Director, presented a Council Communication regarding an agreement with a City Council Meeting Minutes November 2, 2023, 6:00 pm Page 6 of 12  healthcare organization for wellness reward services for the City's benefits plan. Mr. Wilkerson requested Council approve the three-year agreement with Sonic Boom Wellness, LLC, pending legal review. The agreement would total $156,776 over the term. Ms. Averwater made a motion to approve the contract. 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, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 17. Amendment to the Contract with Precision Delta (Police). Michael Bowen, Chief of Police, presented a Council Communication regarding First Amendment to the Contract with Precision Delta Corporation for the purchase of ammunition and requested Council approve the amendment and purchase in the amount of $77,213. Ms. Averwater made a moti.on to approve the First Amendment to the Contract with Precision Delta Corporation and the purchase of ammun it ion. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 18. Purchase of Police Vehicles from Lonnie Cobb Ford (Police). Michael Bowen, Chief of Police, presented a Council Communication regarding the purchase of three new Ford Transit Ca rgo Vans and requested Council approve the contract with Lonnie Cobb Ford, LLC for purchase of the three new vehicles. Ms. Scales Harris made a motion to approve the purchase and contract with Lonnie Cobb Ford, LLC. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 19. Purchase of Audio-Visual Equipment from M3 Technology (Police). Michael Bowen, Chief of Police, presented a Council Communication regarding the purchase of audio-video equipment from M3 Technology Group, Inc. in the amount of $78,474 and a reallocation of $175,000 from the Police Department 2022 CIP funds and requested Council approve the same. City Council Meeting Minutes November 2, 2023, 6:00 pm Page 7 of 12  Ms. Scales Harris made a motion to approve the contract with M3 Technology Group, Inc. and Police Department 2022 CIP fund reallocation. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 20. Purchase of lntelliHub Saas from Forward Thinking (Police). Michael Bowen, Chief of Police, presented a Council Communication regarding approving the purchase of software licenses for the use of lntelliHub Saas services from Forward Thinking to provide GPS tracking for MPD vehicles. The total expenditure of $92,160, will be billed in annual installments of $30,720. Chief Bowen requested Council approve the purchase and contract with Forward Thinking Syst ems, LLC. Mr. Wright made a motion to approve the purchase and contract with Forward Thi nking Systems, LLC. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 21. Purchase of Police Equipment from GT Distributors (Police). Michael Bowen, Chief of Police, presented a Council Communication and recom mended the purchase of 45 assault Ill ballistic shields and contract with GT Distributors, Inc. for their purchase in the amount of $184,099. Ms. Averwater made a motion to approve the purchase and contract with GT Distributors, Inc. Ms. Scales Harris seconded the motion. Upon roll call, t he motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 22. Purchase of Peterbilt 548 Dump Trucl< (Street). Raymond Hillis, Executive Director of Public Works/ Streets Director, presented a Council Communication and requested approval to purchase one Peterbilt Model 548 Dump Truck and enter a contract with Viking Gives Midwest, Inc. (through t he Sourcewell contract) in the amount of $316,971. City Council Meeting Minutes November 2, 2023, 6:00 pm Page 8 of 12  Ms. Scales Harris made a motion to approve the purchase and contract with Viking Cives Midwest, Inc. Ms. Averwater seconded the motion. Upon roll call. the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 23. Purchase of Peterbilt 589 Dump Truck for Stormwater (Street}. Raymond Hillis, Executive Director of Public Works/ Streets Director, presented a Council Communication and requested approval to purchase one 2024 Peterbilt Model 589 Dump Truck and enter a contract with Rush Truck Center {through the Sourcewell contract) in the amount of $259,851. Mr. Hillis explained that this dump truck would be used in the Stormwater Division and not equipped for snow removal, as the truck requested in Agenda Item 22 would be. Ms. Scales Harris made a motion to approve the contract. Mr. Maxwell seconded the motion. Upon roll call. the motion was passed by the following vote: Aye: Jami Averwater. Madelyn Scales Harris. Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 24. Advanced Metering Infrastructure Purchasing Contract Addendum (Water Resources). Darren Gore, Assistant City Manager/ Water Resources Director. presented a Council Communication and requested approval of a Contract Addendum with United Systems & Software, Inc. (USS) for the purchase of Advanced Metering Infrastructure (AMI) equipment in the esti mated amount of $135,000 per year. Ms. Scales Harris made a motion to approve the purchase and Contract Addendum with United Systems & Software. Inc. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 25. Task Order for Water Resource Recovery Facility Standy Power Project (Water Resources). Darren Gore. Assistant City Manager/ Water Resources Director, presented a Council Communication and requested approval of Task Order 23-05 for the standby power improvements (SSR Project 22410260) of the Water Resources Recovery Facility's (WRRF) control buildi ng by John City Council Meeting Minutes November 2, 2023, 6:00 pm Page 9 of 12  Bouchard & Sons Co. The expense of $1,227,111 will be funded from the Water Resources Department's working capital reserves. Ms. Averwater made a motion to approve Task Order 23-05 by John Bouchard & Sons Co. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 26. Operations & Maintenance (O&M) Vehicle Purchase (Water Resources). Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication and requested approval to contract witf1 Wilson County Motors, LLC for the purchase of a 2024 Chevrolet Silvera do 3500 HD with crane to replace another vehicle due to cost of maintenance and age. The expense of $102,271 will be funded through a combination of Water Resources Department FY24 rate funded capital budget and working capital reserves. Mr. Wade made a motion to approve the purchase and contract with Wilson County Motors, LLC. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarlan d Nay: None 27. Task Order Amendment for Oakleigh PS Replacement (Water Resources). Darren Gore, Assistant City Manager/ Water Resources Direct or, presented a Council Communication and requested approval of an amendment to Task Order 21-03 with John Bouchard and Sons (JBS) for t he Oakleigh pumping station replacement serving Oakleigh Subdivision due to overages involving the wet well and other challenges. The pumping station replacement was funded from worl<ing capital reserves through an annual, $250,000 sinking fund for lift station replacements. The original Task Order amount was $296,042 and the final amount is $350,527. Mr. Maxwell made a motion to approve the Task Order Amendment. Mr. Wright seco nded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes November 2, 2023, 6:00 pm Page 10 of 12  Board and Commission Appointments 28. Committee on Contributions of the Community Investment Trust (Mayor). Mayor McFarland presented a Council Communication regarding reappointment of the following Committee on Contributions of the Community Investment Trust members. • Ca rl Montgomery, Term expiration December 6, 2026 • Collier Andress Smith, Term expiration December 6, 2026 Mr. Wade made a motion to approve the reappointments. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Licensing 29. Beer Permits (Finance). Je nnifer Brow n, City Recorder/ Finance Director, presented a Council Communication regarding Regular and Special Event Beer Permits. The following were offered for approval: Regular Beer Permits • Tequilla Mexican Restaurant, 1432 Memorial Boulevard (ownership change, restaurant) • Arisu Korean BBQ and Tofu, 1855 Medical Center Parkway, Suite A (new location, restaurant) Applicants met requirements for the Beer Permits and were recommended for approval pending final building and codes inspections. 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, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Payment of Statements No payment of statements was presented. Other Business Mayor McFarland annou nced the Governmental Finance Officers Association (GFOA) awarded City staff the Certificate of Achievement for Excellence in Financia l Reporting for FY2022 and t he Finance Department also received the award of Financial Reporting Achievement for earning the (GFOA) certificate. Mayor McFarland t hanked and congratulated Jennifer Brown, Finance Director, and her team for earning these awards. City Council Meeting Minutes November 2, 2023, 6:00 pm Page 11 ot 12  Craig Tindall, City Manager, announced the next Council meeting would be held next Thursday, November 9, 2023 at 11 :30 a.m. for a workshop meeting at t he Murfreesboro Airport. Adjourn There being no further business, Mayor McFarland adj our d this meeting at 6:41 p.m. SHANE MCFARLAND MAYOR ATTEST: TUCKER = CITY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BY COUNCIL~ ½ u o -~ B I -;;ioJ.S City Council Meeting Minut es November 2, 2023, 6:00 pm Page 12 of 12