City Council

City of Murfreesboro City Council- Workshop Regular Session Thursday, August 8, 2024 at 11 :30 am T E N N E S S E E Municipal Airport Business Center 1930 Memorial Boulevard Murfreesboro, Tennessee MINUTES The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its workshop meeting place at the Municipal Airport Business Center at 11 :39 a.m. on Thursday, August 8, 2024. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright City Representatives Present Darren Gore, City Manager Sam Huddleston, Assistant City Manager Adam Tucker, City Attorney Erin Tucker, Budget Director/ Acting City Recorder Lesley Short, Assistant Finance Director Trey Duke, Director of Murfreesboro City Schools Kevin Gentry, Chair of the MCIT Board of Trustees Joel Aguilera, Planner 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 Erin 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. Action Items 1. Ordinance 24-0-27 - FY25 Budget Amendment #1 (2 nd and Final Reading). Budget Director Erin Tucker offered a Council Communication requesting Council approve on second and final reading Ordinance 24-0-27 amending the City's FY25 budget. The ordinance titled "ORDINANCE 24-0-27 amending the Fiscal Year 2025 (hereafter "FY2025") Budget (1st City Council Meeting Minutes August 8, 2024, 11:30 am Page 1 of 8 Amendment)" passed its first reading on July 25, 2024, and was offered for its second and final reading. Mr. Wright made a motion to approve Ordinance 24-0-27. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on its second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 2. Resolution 24-R-24 - FY25 Schools Budget Amendment #1. Murfreesboro City Schools Director Trey Duke presented a Council Communication requesting Council approve Resolution 24- R-24 amending the FY25 General Purpose fund to budget new grant money awarded by United Way South-Central. The resolution titled "RESOLUTION 24-R-24 amending the Fiscal Year 2025 (hereafter "FY2025") Murfreesboro City Schools Budget (1st Amendment)" was offered for its first and only reading. Mr. Maxwell made a motion to approve Resolution 24-R-24. Ms. Scales Harris 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 Mr. Shacklett commended Dr. Duke and Murfreesboro City Schools personnel for getting schools off to a great start with lots of smiling children. He stated he appreciates the organization, effort of teachers, cooperation of parent and getting schools off to great start. Ms. Scales Harris complemented the teachers and staff on good start to the year and shared her experience at John Pittard Elementary on opening day. Mr. Gore commended the maintenance facilities group for improvements and repairs completed before school started. Mayor McFarland said thank you for your hard work. 3. Retail Liquor Certificate of Compliance. Budget Director Erin Tucker presented a Council Communication and information regarding issuance of a certificate of compliance for a retail liquor store by Pu nit Patel for the Super 9 Wine & Spirits at 730 W. Northfield Blvd., Suites E, F, G due to a change of ownership. All requirements were met, and application was recommended for approval. City Council Meeting Minutes August 8, 2024, 11:30 am Page 2 of 8  Mr. Wright made a motion to approve the certificate. 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 4. Retail Liquor Certificate of Compliance. Budget Director Erin Tucker presented a Council Communication and information regarding issuance of a certificate of compliance for a retail liquor store by Pu nit Patel for the Super 9 Wine & Spirits at 3035 New Salem Highway, Suite C due to a change of ownership. All requirements were met, and application was recommended for approval. Mr. Maxwell made a motion to approve the certificate. 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 5. Ordinance 24-0-25 (1st Reading). City Attorney Adam Tucker presented a Council Communication and Ordinance 24-0-25 Ethics Code to codify the ethics policy for City officials and employees. This version was modified from two previous drafts presented to Council. Mr. Tucker stated the revisions include adding clarification the definitions section by defining "financial interest" and "material financial interest," removing provisions related to establishing an Ethics Commission and in lieu of an Ethics Commission proposing a process like that done in Lebanon. Mr. Tucker explained with the new policy if the City received a complaint against a member of Council or an appointed employee, and the complaint met certain requirements, the complaint would be forwarded to Council to act. Council would designate three attorneys, who do not reside or have law offices in Rutherford County, to serve as investigators. Council would then meet to appoint one of three investigators to investigate the complaint and return to Council with findings. Council would then meet to evaluate the complaint and decide next steps. Discussion ensued between and among Council and the City Attorney regarding the policy. Mr. Maxwell made a motion to amend the time set forth in Ordinance 24-0-25, Section 2-322 (A)(1 )(c) from one-year to two-years. Mr. Wright seconded the motion. Upon roll call, the amendment to Ordinance 24-0-25 was passed by the following vote: City Council Meeting Minutes August 8, 2024, 11:30 am Page 3 of 8  Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Shawn Wright, Shane McFarland Nay: Madelyn Scales-Harris and Kirt Wade Mr. Wright made a motion to approve Ordinance 24-0-25, as amended, on first reading. Mr. Maxwell seconded the motion. Council members discussed the policy and option for continued review upon deferral. Mr. Wright withdrew his motion to approve due to this discussion. Mr. Wade made a motion to defer Ordinance 24-0-25 until the August 22, 2024 Council meeting. Mr. Shacklett seconded the motion. Upon roll call, the motion to defer passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 6. Notes Live Termination Agreement. City Manager Darren Gore presented a Council Communication and Termination Agreement between the City and Sunset on the Stones River, LLC (successor-by-assignment to Notes Live, Inc.) for a project on city-owned property located at 1505- 1522 Medical Center Parkway. The City and Notes Live have mutually agreed not to proceed with the development project as originally planned. The Termination Agreement was offered for Council approval. Ms. Averwater made a motion to approve the termination agreement. Mr. 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 Workshop Items 7. CIP Transfers. Budget Director Erin Tucker presented a Council Communication and documents regarding notification of CIP transfers. Transfers include transfer of CIP Funds between the Bond Fund and General Fund for Mercury, Broad, Bradyville Intersection, Cherry Lane 2, and Towne Creek. This information was provided to Council as notification only and no vote was necessary. 8. Murfreesboro Community Investment Trust FY24 Annual Report. Murfreesboro Community Investment Trust Board of Trustee Chair Kevin Gentry presented a Council Communication and information regarding the FY24 Annual Report of the Murfreesboro Community City Council Meeting Minutes August 8, 2024, 11:30 am Page 4 of 8 Investment Trust. This information was provided to Council as notification only and no vote was necessary. 9. Wayfinding and Signage Program Update. Assistant City Manager Sam Huddleston presented a Council Communication regarding wayfinding and signage program updates and presented a PowerPoint presentation titled "Downtown Projects Update." Mr. Huddleston then turned the floor over to Planner Joel Aguilera. Mr. Aguilera explained that KMB Design and City teams have been advancing design concepts for the program which encompasses the downtown and City Core Overlay districts and presented a PowerPoint titled "Downtown Wayfinding and Signage Program City Council Update - 8/8/2024" of progress and draft design options. The presentation's intent was to update Council on the program's progress. Mr. Aguilera presented four options for the signage design and asked for Council's feedback. Council discussed the assorted options and branding of the City. Several Council members said they liked option three. Mr. Huddleston stated the rotunda (as pictured in option 3) has been used in City branding since 2012 and is on vehicles, letterhead and signage throughout the City. Council discussed possible options. No decisions were made, and no vote was taken. 1O. CUD and City General Water Line Relocation Agreement. City Manager Darren Gore presented a Council Communication regarding a draft agreement between Consolidated Utility District of Rutherford County (CUD) and the City for waterline relocations associated with new City roadway or roadway widening construction projects that defines a pro rata cost sharing percentage by the City based on the age of the asset. The City expects to be afforded savings in future roadway projects involving needed water line relocations. A draft agreement regarding water utility relocations between the City and CUD was offered for review. No vote was requested or taken. 11. Reorganization of City Courts. City Manager Darren Gore presented a Council Communication and City organizational chart regarding a review of organizational changes to optimize the responsibility and effectiveness of the City Court. Mr. Gore stated that the review revealed current organizational structure includes expectation of a full-time City Judge, however the volume of work does not warrant the capacity of a full-time Judge, and the Court Clerk is detached in certain ways to the organization considering she reports to a part-time Judge, while the Court Clerk position is full-time. Mr. Gore recommended Vicki Ordonez, Court Clerk be reassigned to report to Assistant City Manager Sam Huddleston and the role of City Judge be redefined with benefits commensurate of a part-time employee. The City Clerk has always been hired by the City Manager City Council Meeting Minutes August 8, 2024, 11: 30 am Page 5 of 8 and this structure better designates this. Staff intends to research pay and benefits of part-time judges and make recommendations to Council. This information was provided as notification only and a vote was not requested. 12. Reorganization of Tax & Finance Department. City Manager Darren Gore presented a Council Communication, City organizational chart and tax and finance organizational chart regarding a review of organizational changes to optimize the responsibility and effectiveness of the Tax and Finance Department. Upon reviewing the significant responsibilities of the City Recorder/ Finance Director, including oversight of the Tax and Finance department and Charter-defined City Recorder and City Treasurer duties, it is believed the workload is too burdensome for one person to continue to undertake. Mr. Gore reviewed the proposed department organization chart to reorganize the Tax and Finance Department to distribute the amount of work and optimize delivery of services to the public and other City departments more evenly. Mr. Gore introduced Melanie Peterson as the new City Clerk. Mr. Gore indicated that Erin Tucker is the current Budget Director and would maintain that position in addition to the City Recorder position. The Finance Director would be sought externally due to no interested internal candidates. Mr. Gore requested Council direct the Legal Department to prepare a contract and appoint Erin Tucker as City Recorder/ City Treasurer. Ms. Averwater made a motion to approve the Legal Department to prepare a contract to hire Erin Tucker as City Recorder/City Treasurer. 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 13. June Dashboard. Budget Director Erin Tucker presented a Council Communication and documents regarding June 2024 Dashboard. This information was provided to Council as notification only and no vote was necessary. Board and Commission Appointments No appointments were presented. Licensing No Beer Permits or Special Event Beer Permits were presented. Payment of Statements No payment of statements was presented. City Council Meeting Minutes August 8, 2024, 11:30 am Page 6 of 8 Other Business 14. Certificate of Good Moral Character. Assistant Finance Director Lesley Short presented a Council Communication and Request for Certificate of Good Moral Character from Jacob Nevin, 218 Haynes Haven Lane, Murfreesboro for a change of ownership of private club, Murfreesboro Moose Lodge #645. The Rules of Tennessee Alcoholic Beverage Commission require a Certificate of Good Moral Character accompany all license applications for Private Clubs requesting a Liquor by the Drink License. The request complies with statutory requirements. Shawn Wright made a motion to approve the certificate. Austin Maxwell seconded the motion. Upon roll call, the item was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None General Announcements Kirt Wade stated that as an elected official he feels everyone should think about what is best for Murfreesboro and bipartisanship. Mr. Wade directed Mr. Tucker to do research on ethics of an elected official being a chair of any political party. Austin Maxwell responded to Mr. Wade and stated he wants to congratulate Mr. Shacklett, Mr. Wright, and Mr. Wade on their re-election. Mr. Maxwell stated he is the GOP Chairman, but that he approaches matters of Council and City of Murfreesboro without partisanship and approaches his position as a Councilman with what is best for the City and the citizens of the City. Mr. Maxwell stated his past voting record and reiterated that he is doing things that are in the best interest of the citizens of Murfreesboro and not the GOP. Bill Shacklett stated he would like citizens to better understand how our government works and for Council to work with citizens to make Murfreesboro a better place to live. Mr. Shacklett reinforced the importance of civility in the conversation and responsibility of Council to have a civil discourse. Mr. Shacklett recommended creation of a Citizen's Academy for citizens to learn and engage with how government works and invited Councilmembers to be a part of creating this program in cooperation with MTSU contacts. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 2:1 O p.m. City Council Meeting Minutes August 8, 2024, 11:30 am Page 7 of 8  MAYOR ATTEST: (J17 , .t.5-..v 1, "'\_ ~ CKER j CITY RECORDER APPROVED BY COUNCIL: S-.1! - p=i'Z,., ~ b e r 'S ✓ 7 eY2-Lf City Council Meeting Minutes August 8, 2024, 11: 30 am Page 8 of 8