City Council

City of Murfreesboro City Council- Regular Session Thursday, September 19, 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 6:01 p.m. on Thursday, September 19, 2024. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Bill Shacklett Kirt Wade Shawn Wright Austin Maxwell was absent and excused from this meeting. City Representatives Present Darren Gore, City Manager Adam Tucker, City Attorney Amanda DeRosia, Interim Finance Director (Acting City Recorder) Sam Huddleston, Assistant City Manager Dr. Trey Duke, Director of Murfreesboro City Schools Matthew Blomeley, Assistant Planning Director Michele Emerson, City Engineer Chris Griffith, Executive Director of Public Infrastructure Steve Jarrell, Deputy Police Chief Mark McCluskey, Fire Chief Randolph Wilkerson, Human Resources Director Melanie Joy Peterson, City Clerk Raven Bozeman, Executive Assistant Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Dan Alcorn commenced the meeting with a prayer followed by the Pledge of Allegiance. Ceremonial Items Mayor McFarland presented Ron Crabtree with a Proclamation whereas Mr. Crabtree served as the inaugural chairman for the Stormwater Advisory Commission from September 2002 through November 2009. Mayor McFarland proclaimed September 5, 2024 and September 19, 2024, as days to honor and recognize the accomplishments of Ron Crabtree and asked the citizens to join him in this well-deserved recognition. Public Comment on Actionable Agenda Items City Council Meeting Minutes September 19, 2024, 6:00 pm Page 1 of 10  Mayor McFarland inquired of Interim Finance Director Amanda DeRosia about the presence of any registered speakers for public comment on actionable agenda items. Ms. DeRosia 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: 1. Change Order #1 for Old Fort Park Tennis Court Renovations (Facilities) 2. FY25 City Manager Approved Budget Amendment (Finance) 3. Wine Sales Certificate of Compliance - Circle K #4703903 (Finance) 4. IT -Website Hosting and Support Renewal (Information Technology) 5. MOU Between City Parks and Recreation and City Schools (Parks) 6. Mandatory Referral for Closing a Segment of Hickerson Drive to Vehicular Use (Planning) 7. Asphalt and Concrete Purchase Report (Street) 8. Contract for Mulching Services (Street) 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, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Minutes 9. City Council Meeting Minutes for September 5, 2024. City Council meeting minutes from September 5, 2024 were offered for approval. The meeting minutes were not read aloud but were presented for approval as part of the agenda packet. Ms. Averwater made a motion to approve the minutes. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Resolution 1o. Resolution 24-R-27 FY25 Budget Amendment #3. Dr. Trey Duke, Director of Murfreesboro City Schools, presented a Council Communication regarding Resolution 24-R-27. The resolution titled, "RESOLUTION 24-R-27 amending the Fiscal Year 2025 (hereafter "FY25") Murfreesboro City Schools Budget (3'' Amendment)" was offered for passage on its first and only reading. City Council Meeting Minutes September 19, 2024, 6:00 pm Page 2 of 10  Mr. Wright made a motion to approve Resolution 24-R-27. Ms. Scales Harris seconded the motion. Upon roll call, the resolution was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Land Use Matters 11a. Public Hearing of Ordinance 24-OZ-28. Assistant Planning Director Matthew Blomeley presented a Council Communication regarding rezoning of approximately 0.32 acres located along the south side of Roberts Street west of North Highland Avenue. The Planning Commission recommended approval of the rezoning during its regular meeting on August 7, 2024. Mr. Blomeley stated that a public hearing was required on the matter. Mayor McFarland initiated the public hearing, welcoming comments on rezoning. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 11b. Ordinance 24-OZ-28 (1st Reading). The ordinance titled, "ORDINANCE 24-OZ-28 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 rezone approximately 0.32 acres located along Roberts Street from General Office - Residential (OG-R) District and City Core Overlay (CCO) District Single-Family Residential Eight (RS-8) District and City Core Overlay (CCO) District; Blue Sky Construction, Inc., applicant, [2024-409]" was offered for passage on first reading. Ms. Scales Harris made a motion to approve Ordinance 24-OZ-28. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 12a. Public Hearing of Ordinance 24-OZ-29. Assistant Planning Director Matthew Blomeley presented a Council Communication regarding a rezoning for approximately 29.5 acres located along Old Salem Road east of its intersection with Constantine Drive. The Planning Commission recommended approval of the rezoning during its regular meeting on August 7, 2024 with the following conditions: 1) No building permits may be issued, and no buildings constructed on the property until completion of the culverts being replaced along Old Salem Road.; and 2) No building permits may be issued, and no buildings constructed on the property until a flood study is completed City Council Meeting Minutes September 19, 2024, 6:00 pm Page 3 of 10 with established elevations and building envelopes. Mr. Blomeley stated that a public hearing was required on the matter. Michele Emerson, City Engineer, Chris Griffith, Executive Director of Public Infrastructure, and Sam Huddleston, Assistant City Manager, answered questions and responded to concerns from Council regarding the culvert, flooding, and use of property. Mayor McFarland initiated the public hearing, welcoming comments on rezoning. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 12b. Ordinance 24-0Z-29 (1st Reading). The ordinance titled, "ORDINANCE 24-OZ-29 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 rezone approximately 29.5 acres located along Old Salem Road from Commercial Fringe (CF) District to Single-Family Residential Twelve (RS- 12) District; Alcorn Properties, LLC, applicant, [2024-404]" was offered for passage on first reading. Mr. Wright made a motion to amend Ordinance 24-OZ-29 to include the two conditions set forth by Planning Commission in the Council Communication. Mr. Wade seconded the motion. Upon roll call, the motion to amend Ordinance 24-OZ-29 was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Mr. Wright made a motion to approve Ordinance 24-OZ-29, as amended. Ms. Scales Harris seconded the motion. Mayor McFarland stated that he thought this was a good project but would abstain from the vote to approve Ordinance 24-OZ-29. Following the Mayor's statement about his abstention and Council discussion, Council decided to rescind the vote for passage of Ordinance 24-OZ-29 and amend it prior to its 1" reading to be clearer in Council's intent. Mr. Wright made a motion to amend Ordinance 24-OZ-29 a second time to add the following to the ordinance: Future issuance of building permits and approval and recording of the Final Plat will be contingent upon development of an installed and functioning culvert along Old Salem Road and presentation of completed flood study with established elevations and building envelopes. Ms. Scales Harris seconded the motion. Upon roll call, the second motion to amend Ordinance 24-OZ- 29 was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes September 19, 2024, 6:00 pm Page4 of 10  Mr. Wright made a motion to approve Ordinance 24-OZ-29, as amended. Mr. Wade seconded the motion. Upon roll call, the ordinance, with 2"' amendment incorporated, was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 13a. Public Hearing of Ordinance 24-02-30. Assistant Planning Director Matthew Blomeley presented a Council Communication regarding a rezoning for approximately 21.4 acres located at the southwest corner of New Salem Highway and Salem Creek Drive. The Planning Commission recommended approval of the rezoning during its regular meeting on August 7, 2024. Mr. Blomeley stated that a public hearing was required on the matter. Matt Taylor from SEC presented a PowerPoint regarding the development on behalf of the applicant. Mayor McFarland initiated the public hearing, welcoming comments on rezoning. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 13b. Ordinance 24-02-30 (1st Reading). The ordinance titled, "ORDINANCE 24-OZ-30 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 rezone approximately 21.14 acres located along New Salem Highway and Salem Creek Drive from Single-Family Residential Fifteen (RS-15) District to Commercial Fringe (CF) District (12.4 acres) and Planned Residential Development (PRD) District (Salem Towne PRD - 8.74 acres); Harney Homes, applicant, [2024-408]" was offered for passage on first reading. Mr. Wright made a motion to approve Ordinance 24-OZ-30. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 14a. Public Hearing of Ordinance 24-0-31. Assistant Planning Director Matthew Blomeley presented a Council Communication regarding amending the Zoning Ordinance regarding the use "Airport" and pertaining to Chart 1 and Chart 1 endnotes. The Planning Commission recommended approval of the ordinance during its regular meeting on August 7, 2024. Mr. Blomeley stated that a public hearing was required on the matter. City Council Meeting Minutes September 19, 2024, 6:00 pm Page 5 of 10  Mayor McFarland initiated the public hearing, welcoming comments on the zoning ordinance amendment. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 14b. Ordinance 24-0-31 (1st Reading). The ordinance titled, "ORDINANCE 24-0-31 amending Murfreesboro City Code Appendix A. Zoning, Chart 1 and Chart 1 Endnotes, Uses Permitted by Zoning District, pertaining to airport operations, Murfreesboro Planning Department, applicant [2024-804]" was offered for passage on first reading. Mr. Wade made a motion to approve Ordinance 24-0-31. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None On Motion 15. Beasie Road Extension. Executive Director of Public Infrastructure Chris Griffith presented a Council Communication and requested council approve the CIP transfer for the construction of a portion Beasie Road. Mr. Wright made a motion to approve the CIP transfer. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 16. Tommy Bragg Drive CIP Transfer. Executive Director of Public Infrastructure Chris Griffith presented a Council Communication and requested Council approve the CIP transfer and 5% contingency for the Tommy Bragg Drive roadway project. Ms. Averwater made a motion to approve the CIP transfer and 5% contingency. Ms. Scales Harris seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 17. Blackman/Manson/Burnt Knob Right-of-Way Acquisition. Executive Director of Public Infrastructure Chris Griffith presented a Council Communication and requested Council approve acquisition of property for the Blackman/Manson/Burnt Knob intersection project and funding for the City Council Meeting Minutes September 19, 2024, 6:00 pm Page 6 of 10 acquisition of right of way and easements up to 10% above appraised values. If agreements are not reached, staff recommended proceeding with condemnation and depositing the appraised value in court. Mr. Wade made a motion to approve the acquisition and proceeding with condemnation and depositing the appraised value in court if agreements are not reached. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 18. Purchase of 12 LUCAS Devices. Fire Chief Mark McCluskey presented a Council Communication and requested Council approve the purchase and sales agreement of twelve (12) chest compression devices from Stryker Sales, LLC in the amount of $265,770. Ms. Averwater motion to approve the purchase and sales agreement. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 19. Evernorth Care Solutions, Inc Employee Assistant Program (EAP)Agreement. Human Resources Director Randolph Wilkerson presented a Council Communication and requested Council approve the Evernorth Care Solutions, Inc. Agreement, subject to Legat Department approval, for the EAP Services for Mental Wellness Services for the 2025 benefits plan. Mr. Wright made a motion to approve the EAP services agreement, subject to Legat Department approval. Ms. Scates Harris seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scates Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 20. Purchase of Mobile Printers from Tyler Technologies. Deputy Police Chief Steve Jarrell presented a Council Communication and requested Council approve the purchase of one hundred (100) mobile printers for the Brazos eCitation System and sales agreement forthe purchase with Tyler Technologies, Inc. in the amount of $84,552. City Council Meeting Minutes September 19, 2024, 6:00 pm Page 7 of 10  Mr. Wade made a motion to approve the purchase and sales agreement. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 21. Contract with International Association of Chiefs of Police (IACP}. Deputy Police Chief Steve Jarrell presented a Council Communication and requested Council approve the agreement with the IACP for promotional assessment services. This is a five-year agreement for administration of both in-person testing and panel interviews. The contract would entail a one-time fee of $24,000 and annual fees of $10,000. Ms. Scales Harris made a motion to approve the IACP agreement. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 22. Amendment No. 2 to Purchasing Agreement with Axon. Deputy Police Chief Steve Jarrell presented a Council Communication and requested Council approve Amendment #2 to the Master Services and Purchasing Agreement with Axon Enterprise, Inc. for the purchase of additional in-car and body worn cameras for the remainder of the 10-year contract. Ms. Averwater made a motion to approve the amendment. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 23. 2024 Edward Byrne Memorial Justice Assistance Grant (JAG} Program and Memorandum of Understanding (MOU) with Rutherford County Sheriff's Office (RCSO). Deputy Police Chief Steve Jarrell presented a Council Communication and requested Council approve the application for the 2024 JAG Program and the MOU with the RCSO. The total federal award is $61,957 with $30,978 allocated to the City. Mr. Wade made a motion to approve the 2024 JAG Program application. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes September 19, 2024, 6:00 pm Page 8 of 10  Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 24. Purchase of Body Armor from Gall's. Deputy Police Chief Steve Jarrell presented a Council Communication and requested Council approve the purchase of one hundred (100) sets of body armor and carriers and agreement with Galls, LLC in the amount of $153,439. Ms. Scales Harris made a motion to approve the purchase and agreement. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments 25. Appointment of the Library Board. Mayor McFarland presented a Council Communication regarding appointment of an additional Library Board member. Susan Quesenberry was recommended for appointment with a term expiration of June 30, 2027, with the understanding that the board may change from eleven (11) to seven (7) members in the future. Mr. Wright made a motion to approve the appointment. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Licensing 26. Regular Beer Permits. Interim Finance Director Amanda DeRosia presented a Council Communication regarding Regular Beer Permits. Two Regular Beer Permits for two new locations, one for a restaurant located at 2614 Roby Corlew Ln and one for a restaurant located at 1798 W Northfield Blvd were presented for approval. Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections forthe regular beer permits. Mr. Wade made a motion to approve the permits. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland City Council Meeting Minutes September 19, 2024, 6:00 pm Page 9 of 10  Nay: None Payment of Statements No payment of statements was presented. Other Business No other business was presented. The following items were general announcements, not on the published agenda. Ms. Averwater expressed congratulations to Officer McAdams and Officer Hill for being recognized by WGNS as Public Safety Officers of the Month and thanked them for their work. Mayor McFarland asked City Manager Darren Gore to announce recent staff promotions in Water Resources. Mr. Gore shared that Valerie Smith was promoted to Water Resources Director and John Strickland was promoted to Effective Utility Management (EUM) Coordinator. Mayor McFarland announced the 4 th Annual Mayor's Cup would be held on Monday, September 23, 2024, raising funds so every child in Rutherford County can play golf for free. Scott Stallings will also be in attendance. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 7:03 pm. SHANE MCFARLAND MAYOR ATTEST: E &c~~ CITY RECORDER APPROVED BY COUNCIL: City Council Meeting Minutes September 19, 2024, 6:00 pm Page 10 of 10