City Council

City of Murfreesboro City Council - Regular Session Thursday, October 3, 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 6:00 p.m. o n Thursday, October 3, 2024. Council Members Present Vice Mayor Bill Shacklett- Presiding Jami Averwater Austin Maxwell Kirt Wade Shawn Wright Mayor Shane McFarland and Madelyn Scales Harris were absent and excused from this meeting. City Representatives Present Darren Gore, City Manager Adam Tucker, City Attorney Erin Tucker, City Recorder I Chief Financial Officer Randolph Wilkerson, Human Resources Director Matthew Blomeley, Assistant Planning Director Dr. Trey Duke, City Schools Director Valerie Smith, Water Resources Director Russell Gossett, Solid Waste Director Russ Brashear, Assistant Transportation Director Steve Jarrell, Deputy Chief of Police Gabriel Moore, Project Engineer Angela Jackson, Executive Director of Strategic Services Cathy Smith, Purchasing Director Henry McKee, Contracts Manager Raven Bozeman, Executive Assistant Prayer and Pledge of Allegiance Vice Mayor Shacklett called the meeting to order. Councilman Kirt Wade commenced the meeting with a prayer followed by the Pledge of Allegiance. Vice Mayor Shacklett recognized a group of Leadership Rutherford attendees and eleven Murfreesboro Police Officer Recruits and praised them for their service and commitment to our community. Ceremonial Items STARS Award for August 2024. Randolph Wilkerson, Human Resources Director, presented the STARS Award for the month of August 2024 upon Carson Elder Arborist Foreman of the Street City Council Meeting Minutes October 3, 2024, 6:00 pm Page 1 of 1 o Department. The STARS award purpose is to recognize City employees that go above and beyond the call of duty. In early May, a call was received regarding a resident who had been in the hospital and was unable to take care of a tree that was overgrown and causing a potential hazard to the home. Carson responded quickly and visited the homeowner to evaluate the tree. Unfortunately for the homeowner, the tree was healthy and while it did need some maintenance, it was not eligible for the City's tree removal program. Carson noticed some other needs on the property and wanted to ensure the backyard was a safe space for the homeowner and her dog. During his personal time off work, Carson visited the homeowner and helped her with the tree and other landscaping needs. Carson and his wife both continue to help the individual and check in on her. Carson went above and beyond for a homeowner facing hard times. Public Comment on Actionable Agenda Items Vice Mayor Shacklett inquired of Erin Tucker, City Recorder/ Chief Financial Officer, 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: 1. CIP Transfers (Finance) 2. Wellness Provider Amendment Agreement (Human Resources) 3.Contract Management Addition and E-ERP Module Optimization (Information Technology) 4. Use of Request for Competitive Sealed Proposals for Grant Purchase (Purchasing) 5. Mandatory Referral for Dedication of an Electric Easement along Warrior Drive (Planning) 6. Pedestrian Enforcement and Education Grant Contract (Police) 7. Contract Precision Commercial Services (Solid Waste) 8. Easement Offer for Sanitary Sewer Rehab 2023/24 519 Johnson St. (Water Resources) 9. Contract with Southern Pipe & Supply (Water Resources) 1o. Asphalt Purchases Report (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, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Minutes 11. City Council Meeting Minutes for December 2022, September 12 and 19, 2024. Erin Tucker, City Recorder I Chief Financial Officer, presented a Council Communication regarding approval of City Council meeting minutes for December 2022, September 12, 2024, and September 19, 2024. The meeting minutes were not read aloud but were presented for approval as part of the agenda packet. City Council Meeting Minutes October 3, 2024, 6:00 pm Page 2 of 10  Ms. Averwater made a motion to approve the minutes. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Old Business Land Use Matters 12. Ordinance 24-0-31 (2nd and Final Reading). Vice Mayor Shacklett informed the Council that Ordinance 24-0-31was pulled from the agenda to be presented at another time. 13. Ordinance 24-OZ-29 (2nd and Final 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]" passed its first reading on September 19, 2024 and was offered for its second and final reading. Mr. Wright made a motion to approve Ordinance 24-0Z-29. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on second and final reading by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 14. Ordinance 24-OZ-28 (2nd and Final 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 (OG-R) District and City Core Overlay (CCO) District to Single-Family Residential Eight (RS-8) District and City Core Overlay (CCO) District; Blue Sky Construction, Inc., applicant, [2024-409]" passed its first reading on September 19, 2024 and was offered for its second and final reading. Mr. Wade made a motion to approve Ordinance 24-0Z-28. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on second and final reading by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 15. Ordinance 24-OZ-30 (2nd and Final 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 City Council Meeting Minutes October 3, 2024, 6:00 pm Page 3 of 10 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]" passed its first reading on September 19, 2024 and was offered for its second and final reading. Ms. Averwater made a motion to approve Ordinance 24-OZ-30. Mr. Wade seconded the motion. Upon roll call, the ordinance was passed on second and final reading by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None New Business Resolution 16. Resolution 24-R-29. Dr. Trey Duke, City Schools Director, presented a Council Communication requesting approval amending the FY25 General Purpose and Federal Projects fund, approved by School Board on September 24, 2024. The resolution titled, "RESOLUTION 24-R- 29 amending the Fiscal Year 2025 (hereafter "FY2025") Murfreesboro City Schools Budget (4th Amendment)" was offered for passage on its first and only reading. Ms. Averwater made a motion to approve Resolution 24-R-29. Mr. Wade seconded the motion. Upon roll call, the resolution was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Land Use Matters 17. Outside the City Sewer Customer Service Request for Property Along Epps Mill Road. Matthew Blomeley, Assistant Planning Director, provided a Council Communication regarding a request for 37.56 acres along the north side of Epps Mill Road as an outside the City sewer customer. The Planning Commission approved the request at its September 18, 2024 meeting, subject to the following conditions, with the third condition being added by Staff for clarification: 1. The total allocation of sanitary sewer to the subject property combined with the adjacent property to the east (Lot 2 of the Capital Business Park Subdivision) shall not exceed the amount of sanitary sewer capacity already allocated to said property to the east. 2. A City equivalent zoning classification of L-I (Light Industrial) shall be assigned to the property. City Council Meeting Minutes October 3, 2024, 6:00 pm Page 4 of 1O  3. The adjacent property to the east (Lot 2 of the Capital Business Park Subdivision) was deemed as "grandfathered" for sewer service in November 2019 by the Water Resources Department as it had an executed development contract with the City. The property owners are committed to not using any additional sewer capacity beyond what has already been committed to the property. Mr. Blomeley requested Council approve the outside the City sewer request. Mr. Maxwell inquired about the capacity of the property from a sewer standpoint. Valerie Smith, Water Resources Director, confirmed the capacity number for the property. The property owner verbally committed to the conditions. Mr. Wright made a motion to approve the outside the City sewer request, subject to the three conditions recommended by Staff. Ms. Averwater seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Ordinance 18. Ordinance 24-0-21 (1" Reading). Valerie Smith, Water Resources Director, presented a Council Communication regarding revisions to Chapter 33 of the Murfreesboro City Code to make minor corrections in Section 33-73, Definitions, Section 33-74(C), for appeals to sewer capacity, and Section 33-81 (C), related to vesting of sewer capacity. The ordinance titled "ORDINANCE 24-0-21 amending the Murfreesboro City Code, Chapter 33, Water Resources, Article V, Section 33-73, Definitions of Centralized Wastewater Treatment Facility; Section 33-74, Appeal of Denial of Sewer Service; and Section 33-81, Initial Vesting Period of Sewer-Capacity Allocation and Other Sewer Service Rights" was offered for passage on first reading. Ms. Averwater made a motion to approve Ordinance 24-0-21. Mr. Wade seconded the motion. Upon roll call, the ordinance was passed on first reading by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None On Motion 19. Vac Truck Purchase. Valerie Smith, Water Resources Director, presented a Council Communication regarding the purchase of a 2024 Freightliner DS108 Vac Truck and requested Council approve the purchase and contract #HT06-20 between the City and Houston Freightliner, Inc. for $332,320. City Council Meeting Minutes October 3, 2024, 6:00 pm Page 5 of 1o  Mr. Wade made a motion to approve the purchase and contract. Ms. Averwater seconded the motion, as presented. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 20. Thompson Lane Widening- ELI Engineering Design Amendment No. 2. Valerie Smith, Water Resources Director, presented a Council Communication regarding Amendment No. 2 to Work Authorization (WA) No. 4 for the continued design of the water, sewer, and repurified water relocations in conjunction with Thompson Lane widening in the amount of $110,560. The Water Resources Board approved at its September 2024 meeting. Ms. Smith requested Council approve Amendment No. 2 of WA No. 4 with Energy Land Infrastructure (ELI) for water resources utility relocation design along Thompson Lane. Mr. Maxwell made a motion to approve Amendment No. 2 to the ELI contract. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 21. Consolidated Utility District Boundary Amendment No. 9. Valerie Smith, Water Resources Director, presented a Council Communication to consider Murfreesboro Water Resources Department (MWRD)/ Consolidated Utility District (CUD) Boundary Amendment No. 9 regarding water service boundary revisions along Thompson and Van Cleve Lanes. Ms. Smith requested Council approve the revisions to the MWRD/ CUD boundary as set forth in Exhibits 1 and 2 to the Boundary Amendment Agreement No. 9. Mr. Wade made a motion to approve Amendment 9 to Service Area and Territorial Boundary Amendment Agreement between CUD and the City. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 22. Purchase of Rehrig Roll Out Carts. Russell Gossett, Solid Waste Director, presented a Council Communication regarding the purchase of 2,808 ninety-five-gallon EG roll out garbage carts and requested Council approve the purchase and agreement between the City and Rehrig Pacific Company for $169,632. Mr. Maxwell 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: City Council Meeting Minutes October 3, 2024, 6:00 pm Page 6 of 10  Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 23. Contract with TDOT for FY25 Operating Expenses. Russ Brashear, Assistant Transportation Director, presented a Council Communication regarding a Grant Contract with the State of Tennessee, Department of Transportation (TDOT) for Urban Operating Assistance Program (UROP) funds in FY25 and requested Council approve the Grant Contract, Project 75UROP-S3-018, between the City and TDOT for $1,131,300. Mr. Wade made a motion to approve the Grant Contract. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 24. Self-funded Insurance Fund Stop-Loss Coverage. Randolph Wilkerson, Human Resources Director, presented a Council Communication regarding an agreement to purchase stop- loss insurance for the City's self-funded health plan for 2025 and requested Council approve the agreement between the City and BlueRe of Tennessee for $1,010,238. Ms. Averwater made a motion to approve the agreement. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Abstain: Austin Maxwell 25. Community Traffic Safety Enforcement and Education Grant Contract. Steve Jarrell, Deputy Chief of Police, presented a Council Communication regarding a Tennessee Highway Safety Office Community Traffic Safety Enforcement and Education Grant Contract and requested Council approve the Grant Contract between the City and the State of Tennessee, Department of Safety and Homeland Security for $150,000. Mr. Maxwell made a motion to approve the Grant Contract. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 26. Co-Responder Sustainability Project Grant Award Acceptance. Steve Jarrell, Deputy Chief of Police, presented a Council Communication regarding a project grant from the Office of City Council Meeting Minutes October 3, 2024, 6:00 pm Page 7 of 10 Justice Programs (OJP) Bureau of Justice Assistance and requested Council accept the OJP Grant Award between the City and the Department of Justice for $500,000. Mr. Wright made a motion to accept the Grant Award. Mr. Maxwell seconded the motion,. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None 27. Statewide School Resource Officer Program Grant Contract. Steve Jarrell, Deputy Chief of Police, presented a Council Communication regarding a Statewide School Resource Officer Program Grant and requested Council approve the Grant Contract between the City and the State of Tennessee, Department of Safety and Homeland Security for $1,050,000. Mr. Maxwell made a motion to approve the Grant Contract. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Darren Gore, City Manager, provided clarification on the remaining on motion items stating they would be presented for informational purposes and no motion would be needed. 28. Murfreesboro City Schools Enrollment and Capacity Update. Dr. Trey Duke, Director of Schools, presented a Council Communication and PowerPoint with an update on Murfreesboro City Schools (MCS) enrollment numbers, building capacity for the 2024-2025 school year and historical comparisons. Information was presented on building capacity levels and anticipated areas of growth for City Schools. MCS shows trending growth of approximately 2% each year and is the twentieth largest district of the 145 school districts in Tennessee. Historically, MCS enrollment growth happens the most during the school year from November to January. MCS schools currently above 95% building capacity include Black Fox, Hobgood, Overall Creek, Reeves Rogers, Salem, and Scales. Black Fox and Salem and are the highest areas of concern. Every 5 months, MCS tracks the number of City building permits issued and the number of open lots available for permits by school zones to estimate possible future growth. MCS will continue to monitor growth regularly and work with City staff to project future increases in student population. Dr. Duke stated the major challenge regarding growth is at schools that already have high capacity. This information was presented to Council as notification only and no vote was necessary. City Council Meeting Minutes October 3, 2024, 6:00 pm Page 8 ot 10  29. 10-yr Space Needs Assessment and Headcount Projections. Darren Gore, City Manager, presented a Council Communication and PowerPoint regarding analysis of the City's ten- year space needs assessment based on projected staffing increases between 2023 and 2033 for use in developing an annual payroll proforma and capital expense estimate for necessary office and warehouse space. The space needs assessment provides optimal space utilization, cost efficiency, improved functionality, and strategic planning. This information was presented to Council as notification only and no vote was necessary. 30. August 2024 Dashboard. Erin Tucker, City Recorder/ Chief Financial Officer, presented a Council Communication regarding the August 2024 Dashboard. The Dashboard provides assessable financial information on a regular basis to assist in critical decision making about the fiscal affairs of the City. This information was provided to Council as notification only and no vote was necessary. Board & Commission Appointments No board and commission appointments were presented. Licensing 31. Regular Beer Permits and Special Event Beer Permits. Erin Tucker, City Recorder/ Chief Financial Officer, presented a Council Communication regarding Regular Beer Permits and Special Event Beer Permits including: one regular beer permit for a new location for a restaurant 1636 New Salem Highway, Suite G and one special event beer permit for Interfaith Dental Clinic at 1500 Medical Center Parkway, Suite 4D on November 14, 2024. Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections for the regular beer permit and special event permit issuance for the special event beer permit. Mr. Wright made a motion to approve the permits. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Payment of Statements No payment of statements was presented. Other Business 32. Town Creek Task Order 15. Gabriel Moore, Project Engineer, presented a Council Communication regarding Task Order 15 for Underground Storage Tank (UST) Removal at 215 NW Broad Street for the Town Creek Daylighting Project. Historical information suggested four tanks estimated to be 5,000 gallons each were at the location. On Tuesday, October 2, 2024, the Street City Council Meeting Minutes October 3, 2024, 6:00 pm Page 9 of 10  Department was able to visually confirm the presence of underground storage tanks. The tanks were taken out of service prior to registration with the State of Tennessee Department of Underground Storage Tanks (TD UST) however, the same methodologies will be followed as required by TD UST. Mr. Moore requested Council approve Task Order 15 with Griggs and Maloney, Inc. for $124,475 to properly dispose of the underground storage tanks. Mr. Wade made a motion to approve the Task Order 15 with Griggs and Maloney, Inc. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Kirt Wade, Shawn Wright, Bill Shacklett Nay: None Mr. Maxwell addressed the Murfreesboro City Police Recruits and thanked police recruits for being willing and able to be sent to serve the community. Adjourn There being no further business, Vice Mayor Shacklett adjourned this meeting at 7:1 O p.m. BILL SHACKLETT VICE MAYOR ATTEST: Jke,ct1f::::..i2=-. N TUCKER CITY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BY COUNCIL: Dc±t\e/ \1, c1-CJ~+ City Council Meeting Minutes October 3, 2024, 6:00 pm Page 10 of 10