City Council

City of Murfreesboro City Council- Regular Session Thursday, July 18, 2024 at 6:00 pm T E N N E S S E E City Council Chambers 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 6:01 p.m. on Thursday, July 18, 2024. Council Member Attendance Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright City Representative Attendance Darren Gore, City Manager Adam Tucker, City Attorney Erin Tucker, Budget Director/ Acting City Recorder Matthew Blomeley, Assistant Planning Director Chad Gehrke, Airport Director Valerie Smith, Interim Water Resources Director Robert Holtz, Community Development Director Randolph Wilkerson, Human Resources Director Roman Hankins, Deputy City Attorney Steve Jarrell, Deputy Police Chief John Strickland, Plant Manager Jim Kerr, Transportation Director Melanie Joy Peterson, City Clerk Prayer and Pledge of Allegiance Mayor McFarland commenced the meeting with a prayer followed by the Pledge of Allegiance. Public Comment on Actionable Agenda Items Mayor McFarland inquired of Budget Director, Ms. Tucker, about the presence of any registered speakers for public comment on actionable agenda items. Ms. Tucker stated there were no individuals registered to speak on any actionable agenda items. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: City Council Meeting Minutes July 18, 2024, 6:00 pm Page 1 of 10  1. FY25 Tennessee Housing Development Agency Emergency Solutions Grant (Community Development) 2. Defined Benefit Plan Actuarial Services (Finance) 3. Other Post-Employment Benefit (OPEB) Actuarial Services (Finance) 4. Purchase of Mobile Column Lifts and Stands (Fleet) 5. St. Clair Senior Center Grant with GNRC (Parks) 6. Mandatory Referral for Dedication of an Electric Easement along New Salem Highway (Planning) 7. Mandatory Referral for Abandonment of a Drainage Easement along Gresham Lane (Planning) 8. Robert Rose Administration Building Renovations Contingency Allowance Allocation (Project Development) 9. Housing Rehabilitation Change Order #4 511 Eventide (Community Development) 1O. Second Amendment to Saas Agreement with Utility Associates (Police) 11. Magnet Forensics License Agreements (Police) 12. Asphalt Purchases Report (Water Resources) 13. Sewer Rehab Task Order Amendment No. 1 (Water Resources) 14. Hobas Rehab Task Order Amendment No. 2 (Water Resources) 15. Itron Annual Support (Water Resources) Ms. Averwater made a motion to approve the Consent Agenda. 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 Old Business 16. Ordinance 24-OZ-16 (2" 0 and Final Reading). The ordinance titled "ORDINANCE 24-OZ- 16 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 8.54 acres located on Butler Drive as Light Industrial (L-I) District, simultaneous with annexation; Eric Dill, applicant [2024- 405]" passed its first reading on June 20, 2024 and was presented to City Council for second and final reading. Vice Mayor Shacklett made a motion to approve Ordinance 24-OZ-16. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business 17a. Public Hearing for Resolution 24-R-PS-22 and 24-R-A-22. Assistant Planning Director Matthew Blomeley presented a Council Communication regarding a Plan of Services and Annexation City Council Meeting Minutes July 18, 2024, 6:00 pm Page 2 of 10 of approximately 10.33 acres located at 3061 and 3071 New Salem Highway (Tax Map 115, Parcel 28.03 (5.23 acres) and Tax Map 115, Parcel 28.04 (5.10 acres). He stated that a public hearing was required on the matter. Mayor McFarland initiated the public hearing, welcoming comments on the Plan of Services and Annexation. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 17b. Resolution 24-R-PS-22 Plan of Services. The resolution titled, "RESOLUTION 24-R-PS- 22 to adopt a Plan of Services for approximately 10.33 acres located at 3061 and 3071 New Salem Highway, Phillip and Tammy Dodd and Corner Stone Free Will Baptist, applicants [2024-505]" was offered for passage on its first and only reading. Mr. Wade made a motion to approve Resolution 24-R-PS-22. Mr. Wright seconded the motion. Upon roll call, the resolution was passed on its first and only reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 17c. Resolution 24-R-A-22 Annexation. The resolution titled, "RESOLUTION 24-R-A-22 to annex approximately 10.33 acres located at 3061 and 3071 New Salem Highway (Tax Map 115, Parcel 28.03 (5.23 acres) and Tax Map 115, Parcel 28.04 (5.10 acres), and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee, Phillip and Tammy Dodd and Corner Stone Free Will Baptist, applicants [2024-505]" was offered for passage on first and only reading. Ms. Averwater made a motion to approve Resolution 24-R-A-22. Mr. Wright seconded the motion. Upon roll call, the resolution was passed on its first and only reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 18. Ordinance 24-0-23 (1 st Reading). Airport Director Chad Gehrke presented a Council Communication regarding reasons for changes at the Murfreesboro Municipal Airport and need for revisions to the City Code to reflect these changes. The ordinance titled, "ORDINANCE 24-0-23 amending Murfreesboro City Code, Chapter 3, Airport, Section 3-51, Composition; Term of Office; City Council Meeting Minutes July 18, 2024, 6:00 pm Page 3 of 10 Compensation; Removal from Office and Section 3-53, Purposes, regarding the Airport Commission" was offered for passage on first reading. Vice Mayor Shacklett made a motion to approve Ordinance 24-0-23. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 19. Ordinance 24-0-25 (1 ' t Reading). City Attorney Adam Tucker presented a Council Communication recommending codification of a new ethics code for City officials and employees and establishing an ethics commission. The ordinance titled, "ORDINANCE 24-0-25 amending the Murfreesboro City Code, Chapter 2, Administration, Article XV, adopting an ethics code for City official and employees and establishing the City of Murfreesboro Ethics Commission" was offered for passage on first reading. Councilmembers asked Mr. Tucker questions about the proposed ordinance and there was extended discussion. After discussion, Mr. Tucker suggested the ordinance be deferred and revised to include a mechanism for City Council to review complaints to determine merit before being referred to an investigator. Mayor McFarland agreed with this course of action. Mr. Wade made a motion to defer Ordinance 24-0-25 until it could be revised with City Council's recommendations. Ms. Scales-Harris seconded the motion. Upon roll call, the ordinance was deferred by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 20. Ordinance 24-0-24 (1 ' t Reading). Interim Water Resources Director Valerie Smith presented a Council Communication and PowerPoint recommending amendments to Chapter 27.5, Stormwater Management, of the City Code to comply with a new state stormwater permit and to incorporate needed updates. The ordinance titled, "ORDINANCE 24-0-24 amending the Murfreesboro City Code, Chapter 27 .5, Stormwater Management, replacing it in its entirety" was offered for passage on first reading. Ms. Averwater made a motion to approve Ordinance 24-0-24. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on first reading by the following vote: City Council Meeting Minutes July 18, 2024, 6:00 pm Page 4 of 10  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 21. Resolution 24-R-23. City Attorney Adam Tucker presented a Council Communication requesting Council authorize the City of Murfreesboro to join the State of Tennessee and other local governments as Participants in the Tennessee State-Subdivision Opioid Settlement Agreement with Kroger Co. The resolution titled, "RESOLUTION 24-R-23 authorizing the City of Murfreesboro, Tennessee to join the State of Tennessee and other local governments as participants in the Tennessee State-Subdivision Opioid Abatement Agreement and approving settlement agreement with Kroger Co." was offered for passage on first and only reading. Ms. Averwater stated she would support the resolution, but there would never be enough money to make it right. Ms. Averwater made a motion to approve Resolution 24-R-23. Mr. Wade seconded the motion. Upon roll call, the resolution 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. FY25 Community Development Annual Action Plan. Community Development Director Robert Holtz presented a Council Communication regarding the Community Development FY25 Annual Action Plan representing local priorities and funding allocation to be presented to HUD to receive Community Development Block Grant (CDBG) program funds totaling $1,337,895 to fund the City's Community Development FY25 program. Mr. Wright made a motion to approve the plan. 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 23. NEOGOV Attract System Agreement. Human Resources Director Randolph Wilkerson presented a Council Communication regarding an agreement with NEOGOV Attract System for virtual recruiting to on line access to over 250,000 job applicants in the southeast and over 1.9 million job applicants across the US. The expense of the system is $27,507. City Council Meeting Minutes July 18, 2024, 6:00 pm Page 5 of 10  Ms. Scales-Harris made a motion to approve the agreement. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 24. Update Employee Handboolc Policies 3023, 4010, and 1009. Human Resources Director Randolph Wilkerson presented a Council Communication regarding updating Employee Handbook Policies 3023, Federal Trade Administration (FTA) Drug and Alcohol Policy, 4010, Uniforms, Shoes and Equipment, and 1009, Overtime Pay and Compensatory Time for Non-Exempt Employees and requested Council approved the policies. Ms. Averwater made a motion to approve the policies. 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. Retail Liquor Certificates of Compliance - Possible Revisions to Murfreesboro City Code Chapter 4. Deputy City Attorney Roman Hankins presented a Council Communication and PowerPoint regarding revisions to Murfreesboro City Code Chapter 4 - Alcoholic Beverages for discussion of three options for regulating the issuance of retail liquor certificates of compliance. After extended discussion between Council and Mr. Hankins, Mayor McFarland requested an ordinance be prepared to include Council recommendations and presented at a future meeting for discussion. Mr. Hankins stated he would prepare an ordinance that would remove the cap on certificates of compliance and include a provision that would revoke the certificate if not used within a set period of time. Mayor Shane McFarland left the meeting and Vice Mayor Bill Shacklett presided. 26. Purchase of Police Uniforms, Clothing and Equipment. Deputy Police Chief Steve Jarrell presented a Council Communication regarding the purchase of uniforms, clothing and equipment items and requested approval of an agreement with Galls, LLC via BuyBoard Master Agreement No. 698.23 for up to $350,000 in annual purchases. City Council Meeting Minutes July 18, 2024, 6:00 pm Page 6 of 10  Ms. Averwater made a motion to approve the purchase agreement. 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 Not Present: Shane McFarland Nay: None Mayor Shane McFarland rejoined the meeting and presided. 27. Contract Extension with Heritage Cleaners. Deputy Police Chief Steve Jarrell presented a Council Communication regarding a contract extension with Heritage Cleaners to provide laundry and dry-cleaning services for both the Police and Fire Departments and requested Council approve a Sixth Amendment to the contract between the City and Heritage Cleaners originally approved by Council on July 12, 2018, in response to ITB-26-2018. Expenses were estimated up to $150,000 for the Police Department and up to $40,000 for the Fire Department in FY25. Ms. Averwater made a motion to approve the contract extension. 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 28. Semi Tractor Purchase. Water Resources Plant Manager John Strickland presented a Council Communication and PowerPoint regarding purchase of a semi tractor for hauling the Water Resource Recovery Facility's biosolids and requested Council approve the purchase in the amount of $178,305. Ms. Scales-Harris made a motion to approve the purchase. 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, Shawn Wright, Shane McFarland Nay: None 29. MWRD/ CUD Boundary Revision No. 8. Interim Water Resources Director Valerie Smith presented a Council Communication regarding MWRD/CUD water service boundary revisions along Dill Lane and south of Jefferson Pike just north of the Stones River Water Treatment plant and requested Council approve the revision to the CUD/MWRD boundary, "Amendment Eight to Service City Council Meeting Minutes July 18, 2024, 6:00 pm Page 7 of 10 Area and Territorial Boundary Amendment Agreement". Approval of this agreement would result in the Water Resources Department gaining a commercial account with and estimated monthly bill of $2,225 based on estimated water usage. Mr. Wright made a motion to approve the boundary revisions. 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 30. American Rescue Plan Grant Management Task Order. Interim Water Resources Director Valerie Smith presented a Council Communication regarding an engineering services task order under the Master Services Agreement (MSA) with LJA Engineering, Inc. for assistance with management of the American Rescue Plan (ARP) grand funds. The expense of this task order was estimated at $105,705. Ms. Averwater made a motion to approve the task order. 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 Board and Commission Appointments 31. Parks and Recreation Commission. Mayor Shane McFarland presented a Council Communication regarding appointment of Parks and Recreation Commission members. Mr. Leroy Cunningham and Mr. Kent Syler were both recommended for reappointment with a term expiration of June 30, 2027. Mr. Wright made a motion to approve the appointments. 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 32. Historic Zoning Commission. Mayor Shane McFarland presented a Council Communication regarding appointment of Historic Zoning Commission members. Mr. Bryan Prince was recommended to replace the vacancy of Chase Salas with a term expiration of June 30, 2027. City Council Meeting Minutes July 18, 2024, 6:00 pm Page 8 of 10  Mr. Wright made a motion to approve the appointment. 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 Licensing 33. Regular Beer Permits and Special Event Beer Permits. Budget Director, Erin Tucker, presented a Council Communication regarding Regular Beer Permits and Special Event Beer Permits. Four Regular Beer Permits for two ownership changes for a restaurant and hotel sundry located at 2108 Lothric Way, one ownership change for a restaurant located at 1312 NW Broad Street, and one ownership/name change for a restaurant located at 215 N. Church Street were presented for approval. One Special Event Beer Permit for The Woman's Club of Murfreesboro was submitted for approval. Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections for the regular beer permits and special event permit for the special event beer permits. Ms. Averwater made a motion to approve the permits. 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 Payment of Statements No payment of statements was presented. Other Business 34. Contract with TOOT for New Salem Hwy Phase 3. Transportation Director, Jim Kerr, presented a Council Communication regarding contracting with TDOTfor New Salem Highway Phase 3. A contract between the Treasury Department of the State of Tennessee and the City of Murfreesboro for New Salem Highway (SR-99) Phase 3 Widening was offered for approval. Mr. Wade 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 City Council Meeting Minutes July 18, 2024, 6:00 pm Page 9 of 10  Nay: None General Announcements. Mayor McFarland reminded everyone present that the new Skate Park and Pump Track at Old Fort Park opens tomorrow at 10:00 am with a Ribbon Cutting Ceremony and would be open seven days a week from dawn until dusk. Mr. Wright stated that Uncle Dave Macon Days would move back to Rutherford County/Murfreesboro area on September 6 and 7 at Hop Springs Park. Mayor McFarland stated that it was his mother's 69th birthday and he wanted to wish her a happy birthday. Mr. Maxwell encouraged everyone to go vote. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 7:36 p.m. ~ SHANEMCRl.AND MAYOR ATTEST: ~TUCKER o~...... CITY RECORDER APPROVED BY COUNCIL: s ~.Q- )::ber s .. ? ()?-,'-/ City Council Meeting Minutes July 18, 2024, 6:00 pm Page 10 of 10