City Council

City of Murfreesboro City Council- Regular Session Thursday, March 21, 2024, 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 6:02 p. m. on Thursday, March 21, 2024. Council Members Present Vice Mayor Bill Shacklett - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Kirt Wade Shawn Wright-Arrived after Agenda Item 9 Mayor Shane McFarland were absent and excused from this meeting. City Representatives Present Craig Tindall, City Manager Adam Tucker, City Attorney Jennifer Brown, City Recorder/ Finance Director Darren Gore, Assistant City Manager/Water Resources Director Sam Huddleston, Assistant City Manager Matthew Blomeley, Assistant Planning Director Karen Lampert, Grant Manager Or. Trey Duke, Director of Murfreesboro City Schools Michael Bowen, Chief of Police Ryan Hulsey, Assistant Airport Director Cary Gensemer, Deputy Chief of Police Greg McKnight, Executive Director of Development Ben Newman, Planning Director Kristy Burton, Executive Assistant Prayer and Pledge of Allegiance Vice Mayor Shacklett called the meeting to order and commenced the meeting with a prayer followed by the Pledge of Allegiance. Ceremonial Items Proclamation: National Athletic Training Month. Vice Mayor Bill Shacklett presented a Proclamation to members of the National Athletic Trainers' Association proclaiming the month of March as Athletic Training Month signed by Mayor Shane McFarland. STARS AvvaI d for Februa1 y 2824. l~i111berly FaIm. This item was pulled from the agenda and postponed. City Council Meeting Min utes March 21, 2024, 6:00 pm Page 1 of 9 Public Comment on Actionable Agenda Items Vice Mayor Shacklett announced that Agenda Item 5, Land Use regarding Rezoning Property along Memorial Boulevard and Haynes Haven Lane, Ordinance 22-02-48, was pulled from the agenda at the request of the applicant. Vice Mayor Shacklett stated there were seven people who registered to speak on this item, as it was originally published in the agenda as an actionable item. Discussion ensued. This matter should come back to Council on April 4, 2024. Ms. Scales Harris made a motion to allow the citizens to speak on the Agenda Item 5, despite no longer being an actionable agenda item. Mr. Maxwell seconded the motion. Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Vice Mayor Shacklett stated there were eight people (seven against and one in favor) registered to speak on this Agenda Item 5. Vice Mayor Shacklett provided instructions for the public comment session. The following individuals were registered for public comment and were called forward to address Council regarding Agenda Item 5. 1. Kevin Fehr, 1924 Place, was not present and did not speak. 2. Valerie Martin, 207 Peacock Avenue, spoke in opposition asking Council to consider questions about the development, traffic and zoning. 3. June Mccash, 1925 Memorial Boulevard, Apt. 124, spoke in opposition and stated she wants the green space to be preserved and concern about potential changes the new development would bring to current residents. 4. Mark Wood, 107 Haynes Haven Lane, spoke in opposition stating he disagrees with the developer changing the model for the development from what they told original residents. 5. Lori Duke, 423 Haynes Haven Lane, spoke in opposition, stating the revised development is a breach of an original promise not to re-zone this area that was made i n good faith to appease residents of Haynes Haven neighborhood. She feels the original commitments made by the developers should be honored. 6. John Vickford, 115 Love Court, spoke in opposition, stating t raffic and flooding concerns. 7. Irene Filatchione, 1925 Memorial Bou levard, Apt. 213, spoke in opposition, outlining her objections in a statement she hand-delivered to Council members. City Council Meeting Minutes March 21, 2024, 6:00 pm Page 2 of 9  8. Cynthia Maple, 407 Haynes Haven Lane, spoke in opposition, stating her family has lived in the Haynes Haven neighborhood for 40 years and one of the attractions they moved there was all the green space and landscaping. She is concerned about the issues or changes the development would create including traffic, safety of pedestrians, lack of benefit to the current community and property values. Vice Mayor Shacklett briefly recessed the meeting for public comment speakers to leave. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. GNRC Grant Contract Amendment w ith St. Clair Senior Center (Parks) 2. Mandatory Referral for Abandonment for Due North Drive Right-of-Way (Planning) 3. Mandatory Referral for Dedication of an Electric Easement along Blanton Drive (Planning) 4. Donation of Used Equipment to Various Law Enforcement Agencies (Police) 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, Kirt Wade, Bill Shacklett Nay: None Absent: Shawn Wright Old Business Land Use Matters Ordinance 5. O1diiianee 22-OZ 48 Reto1,i1,g PropeI-ty along P1e1,iorial Boulevard and llaynes I la'veI, Lane tPlanning). Agenda Item 5 was pulled from the agenda at the request of the applicant. Sa. 01 dil,anee 22-02-48 (Fi1 st Reading}. Agenda Item Sa was pulled from the agenda at the request of the applicant. 6. Ordinance 24-0-06 Amending the Zoning Ordinance - EV Parking Spaces (Second and Final Reading) (Planning). The ordinance titled, "ORDINANCE 24-0-06 amending Murfreesboro City Code Appendix A, Zoning, Sections 2, 7, 26 and Chart 2 Endnotes, dealing with electric vehicle (EV) parking spaces, City of Murfreesboro Planning Staff, applicant [2023-804]" which passed its first reading on March 7, 2024, was offered for passage on second and f inal reading. Ms. Averwater made a motion to approve Ordinance 24-0-06 on second and final reading. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes March 21 , 2024, 6: 00 pm Page 3 of 9  Aye: Jami Averwater, Madelyn Scales Harris, Kirt Wade, Bill Shacklett Nay: Austin Maxwell Absent: Shawn Wright 7. Ordinance 24-02-04 Zoning for Property Along Veterans Parkway (Second and Final Reading) (Planning). The ordinance titled, "ORDINANCE 24-OZ-04 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 106.4 acres located along Veterans Parkway to Planned Residential Development (PRO) District (Prater Farms PRD), simultaneous with annexation; Ole South Properties, applicant [2023-419)" which passed its first reading on March 7, 2024, was offered for passage on second and final reading. Mr. Wade made a motion to approve Ordinance 24-OZ-04 on second and final reading. 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, Bill Shacklett Nay: None Absent: Shawn Wright 8. Ordinance 24-02-03 Zoning for Property along Blackman Road (Second and Final Reading) (Planning). The ordinance titled, "ORDINANCE 24-OZ-03 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 19.6 acres along Blackman Road as Planned Residential Development (PRO) District (The Village PRO - approx. 14.91 acres) and Planned Commercial Development (PCD) District (The Village PCD - approx. 4.71 acres) simultaneous with annexation; 360 Development, applicant [2023-420)" which passed its first reading on Ma rch 7, 2024, was offered for passage on second and final reading. Mr. Wade made a motion to approve Ordinance 24-OZ-03 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, Kirt Wade, Bill Shacklett Nay: None Absent: Shawn Wright 9. Ordinance 24-02-05 Rezoning Property along Southgate Boulevard (Second and Final Reading) (Planning). The ordinance titled , " ORDINANCE 24-OZ-05 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and City Council Meeting Minutes March 21, 2024, 6:00 pm Page 4 of 9  as now in force and effect, to rezone approximately 3.97 acres located along Southgate Boulevard and Westgate Boulevard from Commercial Fringe (CF) District and Highway Commercial (CH) District to Planned Unit Development (PUD) District (Westgate Commons PUD); Southgate Developers, LLC, applicant, (2023-422]" which passed its first readi ng on March 7, 2024, was offered for passage on second and final reading. Ms. Averwater made a motion to approve Ordinance 24-OZ-05 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, Kirt Wade, Bill Shacklett Nay: None Absent: Shawn Wright New Business Resolution 10. Resolution 24-R-05 Subrecipient Agreement with City Schools (Administration). Karen Lampert, Grant Manager, presented a Council Communication requesting approval of a Subrecipient Agreement for use of ARPA funds, including Resolution 24-R-05 designating one-time use of funds for a tutoring program. ARPA funds in the amount of $156,000 will be used for th is project. The resolution titled, "RESOLUTION 24-R-05 authorizing a one-time distribution of funds to Murfreesboro City Schools in the amount of $156,000 from the American Rescue Plan Act (ARPA) fund" was offered for passage on its first and only reading. Ms. Scales Harris made a motion to approve Resolution 24-R-05. 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 11. Resolution 24-R-07 Schools FY24 Budget Amendment# 7 (Schools). Dr. Trey Duke, Director of Murfreesboro City Schools, presented a Council Communication requesting approval of amendment# 7 to the Schools FY24 General Purpose Fund and the Federal Project Fund to budget additional revenue from the State of Tennessee (TISA Funding and Title Ill Immigrant Grant) and to adjust final revenues and expenditures from projected to actual amounts in ESSER 2.0. The total increase in revenue of $314,500 will be budgeted in the General Purpose Fund and $4,667 will be budgeted in the School Federal Projects Fund to recognize new revenues and related expenditures. The resolution titled, "RESOLUTION 24-R-07 amending the Fiscal Year 2024 (hereafter "FY2024") City Council Meeting Minutes March 21, 2024, 6:00 pm Page 5 of 9  Murfreesboro City Schools Budget (7th Amendment)" was offered for passage on its first and only reading. Discussion ensued. Mr. Maxwell made a motion to approve Resolution 24-R-07. 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 12. Resolution 24-R-08 Approving TDOT Permit Application (Police). Michael Bowen, Chief of Police, presented a Council Communication requesting approval of Resolution 24-R-08. City Council approved the purchase of Vigilant license plate recognition cameras from Motorola and the TDOT permit application on Ma rch 7, 2024, however, TDOT requires proof of this approval and a resolution is needed for this documentation. The resolution titled, "RESOLUTION 24-R-08 approving purchase of Vigilant License Plate Recognition Camera System and TDOT Permit Application" was offered for passage on its first and only reading. Mr. Wade made a motion to approve Resolution 24-R-08. 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 On Motion 13. FAA ADS-B Tower Land Lease Amendment (Airport). Ryan Hulsey, Assistant Airport Director, presented a Council Communication requesting approval of the First Amendment to the Land Lease Agreement with L3Harris Technologies, Inc. for the ADS-B Radio Station tower (Site SV176-07) at the Murfreesboro Airport. There are no fiscal impacts f rom this Lease Agreement Amendment Mr. Wade made a motion to approve First Amendment to the Land Lease Agreement with L3Harris Technologies, 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, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None City Council Meeting Minutes March 21, 2024, 6:00 pm Page 6 ot9  14. Hangar Site Construction Administration Services Work Authorization (Airport). Ryan Hulsey, Assistant Airport Director, presented a Council Communication requesting approval of Work Order Authorization No. 2024-02 with Barge Design Solutions, Inc. for hangar site construction administrative services on the north end of the Murfreesboro Airport. The maximum tee of $117,223 is being paid with CIP funds as an economic development project. Ms. Scales Harris made a motion to approve Work Order Authorization No. 2024-02 with Barge Design Solutions, 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, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 15. Child Advocacy Center Memorandum of Understanding (Police). Cary Gensemer, Deputy Chief of Police, presented a Council Communication requesting approval of an lnteragency Memorandum of Understanding (MOU) with Child Advocacy Center of Rutherford County, Inc. (CAC) tor support services provided in assistance to Murfreesboro Police Department investigating allegations of child abuse. The cost of $90,000 is funded by the Police Department FY24 operating budget. Ms. Averwater made a motion to app rove the MOU with Child Advocacy Center of Rutherford County, Inc. 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 16. Purchase and Installation of IT Server Room Cooling System {Police). Cary Gensemer, Deputy Chief of Police, presented a Council Communication requesting approval of a contract with Insight Public Sector, Inc. for purchase and installation of cooling equipment for the IT server room. The total expense of $67,769 is funded from the FY22 CIP bond for IT replacements. Mr. Maxwell made a motion to approve contract with Insight Public Sector, Inc. 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 City Council Meeting Minutes March 21, 2024, 6:00 pm Page 7 of 9  17. Purchase of Mobile Data Terminals (Police). Cary Gensemer, Deputy Chief of Police, presented a Council Communication requesting approval of a contract with Insight Public Secto r, Inc. for purchase of 70 new mobile data terminals (MDT) for police vehicles. The total expense of $244,190 is funded from the FY22 and FY24 CIP Budget for MDT replacements. Ms. Averwater made a motion to approve contract with Insight Public Secto r, 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, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Board and Commission Appointments 18. Solid Waste Planning Board (Administration). Vice Mayor Shacklett presented Mayor McFarland's recommendations for reappointment of the following Central Tennessee Region Solid Waste Planning Board member. The Central Tennessee Region Solid Waste Plann ing Board membership is designed to provide participation and representation of all local governments within the region whether it is a single county or a multi-county region to ensure all local governments that have solid waste services have a voice on the Board. • Darren Gore, Term expiration not noted Mr. Wright made a motion to approve the reappointment to the Central Tennessee Region Solid Waste Planning Board. 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 Licensing 19. Beer Permits (Finance). Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication regarding Beer Permits. The following were offered for approval: Regular Beer Permits • 7 Star Hookah Bar, 1107 Memorial Boulevard, Suite A (Hookah Bar, Ownership Change) • Queen, LLC, 210 Stones River Mall Boulevard (Restaurant, Ownership Change/ Name/ Permit Type Change) 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. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes March 21, 2024, 6:00 pm Page 8 of 9  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Payment of Statements Vice Mayor Shacklett stated there were two statements that needed to be paid. Statements were from AquAeTer, Inc. for $67,082.23 and Davis Environmental Attorneys for $120,548.71 to be paid from the General Fund Legal FY24 Operating Budget. The City Attorney emailed Council regarding these invoices. Mr. Wright made a motion to approve the Payment of Statements. 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 Other Business Greg McKnight, Executive Director of Development, introduced the new Planning Director, Ben Newman, to Council. Mr. Wright stated he has had several phone calls about lack of signage on the inbound lane on Highway 96, coming from Franklin. He requested advanced signage be added to ind icate a lane will be ending when drivers arrive at the interstate. Jennifer Brown, City Recorder/ Finance Director, introduced Kristy Burton, new Executive Administrative Assistant Next Council Meeting. Craig Tindall, City Manager, stated the next Council meeting will be Thursday, April 4, 2024. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 6:50 p.m. BILL SHACKLETT VICE MAYOR ATTEST: ITY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BY COUNCIL, IY&l1 1 ) 2tfJS City Council Meeting Minutes March 21, 2024, 6:00 pm Page 9 of 9