City Council
Regular MeetingMurfreesboro, TN · August 11, 2021
Minutes
August 11, 2021
The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in
regular session in the Business Center at the Murfreesboro Municipal Airport at 11:30 a.m.
on Wednesday, August 11, 2021, with Mayor Shane McFarland present and presiding and
with the following Council Members present and in attendance, to wit:
Madelyn Scales Harris
Rick LaLance
Ronnie Martin
Bill Shacklett
Kirt Wade
Shawn Wright
The following representatives of the City were also present:
Adam Tucker, City Attorney
Jennifer Brown, City Recorder/
Finance Director
Darren Gore, Assistant City Manager
Sam Huddleston, Executive Director/
Development Services
Roman Hankins, Assistant City Attorney
Trey Duke, City Schools Director
Erin Tucker, Budget Director
Chad Gehrke, Airport Director
Jim Kerr, Transportation Director
Joshua Miller, Administrative Assistant
Mayor McFarland commenced the meeting with a prayer followed by the Pledge of
Allegiance.
The following letter from the Executive Director of Development Services was
presented to the Council:
(Insert letter dated August 11, 2021 here with regards to
Economic Impact Plan/TIF Incentive for One East College.)
The following RESOLUTION 21-R-30 was read to the Council and offered for adoption
upon motion made by Vice-Mayor Scales Harris, seconded by Mr. LaLance. Upon roll call
said resolution was adopted by the following vote:
Aye: Madelyn Scales Harris
Rick LaLance
Ronnie Martin
Kirt Wade
Shawn Wright
Shane McFarland
Nay: None
(Insert RESOLUTION 21-R-30 here amending the Mixed-Use Development
Agreement and Economic Impact Plan for East College Street
Historic Development Area in the City of
Murfreesboro, Tennessee.)
The following letter from the Transportation Director was presented to the Council:
(Insert letter dated August 11, 2021 here with regards
to TDOT Interstate 24 SMART Corridor Project.)
Mr. Jim Kerr, Transportation Director, introduced Mr. Brad Freeze and Mr. Lee Smith,
TDOT Traffic Operations Division, who presented on the I-24 Smart Corridor Plan which
August 11, 2021 Page 2
included going over the three phases of the Plan, the improvements that the Plan is already
bringing to the interstate, the data that is being collected from the implemented
improvements and they addressed Council questions regarding the State sharing data with
Waze.
The following letter from the City Schools Director was presented to the Council:
(Insert letter dated August 11, 2021 here with
regards to Murfreesboro City Schools update.)
Dr. Trey Duke, City Schools Director, presented on the school systems enrollment
numbers and their increase, the schools and the areas that were experiencing the most
growth, projections on enrollment growth based on planned approved developments in the
City, student’s academic proficiency, and answered questions from the Council.
The following letter from the Assistant City Attorney was presented to the Council:
(Insert letter dated August 11, 2021 here with
regards to Regulation of Retail Liquor Stores.)
Mr. Roman Hankins, Assistant City Attorney, presented possible changes to the City
Code regarding the local regulation of retail liquor stores which included adjusting the
population number per liquor store cap, restrictions on the total number of liquor stores
allowed to operate in the City, restrictions pertaining to the location of liquor stores,
changes to the application and approval process for liquor stores, a moratorium on liquor
stores and information from other Tennessee municipalities in how they handle liquor store
regulation. Council discussed the matter and directed staff to leave the liquor store
regulation as it currently is.
The following letter from the Budget Director was presented to the Council:
(Insert letter dated August 11, 2021 here with
regards to June 2021 Dashboard packet.)
The June 2021 Dashboard update, which included Financial, Building & Codes, Risk
Management, Construction Data, City Schools Cash Flow Statements, and Revenue &
Expenditure Budget Comparison Reports, was presented to Council with no discussion
taking place.
The following letter from the City Recorder/Finance Director was presented to the
Council:
(Insert letter dated August 11, 2021 here with regards to Beer Permit
Applications for Red Bicycle Murfreesboro at 13 S Public Square and
Mid Tenn Market at 2820 Middle Tennessee Boulevard.)
Mr. Wade made a motion to approve the Beer Permits for Red Bicycle Murfreesboro,
13 South Public Square (New Location) and Mid Tenn Market, 2820 Middle Tennessee
August 11, 2021 Page 3
Boulevard (Ownership Change), pending building and codes completion. Mr. Martin
seconded the motion and all members of the Council voted “Aye”.
The City Recorder/Finance Director announced that there were no statements to
consider.
Vice-Mayor Scales Harris and Council congratulated Ms. Lisa Trail on her recent
award from the State Board of Education.
Mr. Rick LaLance addressed complaints he had received regarding construction
beginning early in the morning. Staff answered questions regarding what regulation the City
has over construction start time and what measures could be taken to address the
complaints.
There being no further business, Mayor McFarland adjourned this meeting at 1:26
p.m.
SHANE MCFARLAND – MAYOR
ATTEST:
JENNIFER BROWN - CITY RECORDER
Agenda
MURFREESBORO CITY COUNCIL
Regular Session Agenda
Workshop
Murfreesboro Municipal Airport – Business Center
August 11, 2021 – 11:30 AM
Action Items
1. Resolution 21-R-30 Restating and Amending Economic Impact Plan/TIF
Incentive for One East College (Administration)
Workshop Items
2. TDOT Interstate 24 SMART Corridor Project (Transportation)
3. Murfreesboro City Schools Update (Schools)
4. Regulation of Retail Liquor Stores (Legal)
5. June 2021 Dashboard (Administration)
Licensing
Payment of Statements
Other Business
Adjournment
COUNCIL COMMUNICATION
Meeting Date: 08/11/2021
Item Title: Economic Impact Plan/TIF Incentive for One East College
Department: Administration
Presented by: Sam A. Huddleston, PE, Executive Director Development Services
Summary
Resolution 21-R-30 restating and amending Economic Impact Plan/Tax Increment
Financing (TIF) Incentive for One East College Development Project and amendment of
the Mixed-Use Development Agreement between the City and One East College, LLC.
Staff Recommendation
Adopt Resolution 21-R-30 approving the amended Economic Development Plan and TIF
Incentive and approve amendments to Mixed-Use Development Agreement
Background Information
On December 6, 2018, the City entered into a purchase and sale agreement with One
East College for the city block bound by Lytle, Spring, College, and Church streets.
Concurrently, the City also entered into a mixed-use development agreement with the
One East College that established obligations for construction of a mixed-use
development. On June 28, 2019, title to the property was transferred to One East
College.
In September 2019, as contemplated in the development agreement, Council adopted
Resolution 19-R-19 approving an Economic Development Plan/Tax-Increment
Financing (TIF) Incentive (the “Plan”), pursuant to which City property taxes, along
with County property taxes, will reimburse One East College for the cost of constructing
certain public infrastructure improvements, including a new public parking garage, that
will be incorporated into the Project. The Plan was also approved by the Rutherford
County Industrial Development Board (IDB) and Rutherford County Commission in
accordance with state law. In October 2019, Council, the IDB, and County Commission
approved an updated version of the Plan.
During 2020, governmental imposed restrictions addressing the pandemic significantly
disrupted segments of the economy, particularly the hotel industry. One East College
was forced revise their development plans. The planned hotel was converted to one-
bedroom units that may in the future be converted to hotel rooms. Parking was
correspondingly increased and the commercial, office, and food services space were
modified.
Plan modifications result in the substantial increase in the value of One East College’s
Development, which necessitates certain changes to the Development Agreement and
the Economic Impact Plan. One East College’s reimbursement is capped at $9m. The
Development Agreement remains performance based with City’s TIF valued at
approximately $274,000 for 15 years.
The IDB has approved the amended Plan and referred it to the City for consideration
and approval. If approved, the County Commission will vote on the amended Plan.
Council Priorities Served
Improve economic development
The $60m to $70m redevelopment of the former City-owned block provides a major
economic boost to the downtown area that will increase the residential presence in the
area and attract additional private investment.
Fiscal Impact
The Economic Impact Plan estimates that approximately $644,000 will be generated
annually in additional City property and sales tax revenue from the redevelopment
proposed by One East College, LLC. After retaining the City dedicated taxes,
approximately $274,000 will be allocated to the TIF for 15-year term.
Attachments:
1. Resolution 21-R-30
2. Amended Mixed-Use Development Agreement
3. Amended Economic Impact Plan
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EXHIBITB
AMENDMENT TO MIXED-USE DEVELOPMENT AGREEMENT
210060-301002
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DocuSign Envelope ID: EBE8C34C-6F3E-42E4-93D8-507B61B5B634
DocuSign Envelope ID: EBE8C34C-6F3E-42E4-93D8-507B61B5B634
DocuSign Envelope ID: EBE8C34C-6F3E-42E4-93D8-507B61B5B634
DocuSign Envelope ID: EBE8C34C-6F3E-42E4-93D8-507B61B5B634
DocuSign Envelope ID: EBE8C34C-6F3E-42E4-93D8-507B61B5B634
DocuSign Envelope ID: EBE8C34C-6F3E-42E4-93D8-507B61B5B634
COUNCIL COMMUNICATION
Meeting Date: 8/11/2021
Item Title: TDOT Interstate 24 SMART Corridor Project
Department: Transportation
Presented by: Jim Kerr, Director
Summary
TDOT officials will provide an overview of the I-24 SMART Corridor Plan.
Background Information
I-24 is an integral part of the Nashville-Davidson County transportation network. Since
2005, traffic volumes have increased by more than 60% in the Murfreesboro segments
of l-24. TDOT’s I-24 SMART Corridor Project takes a comprehensive approach to
managing the existing infrastructure and improving travel time reliability between
Rutherford and Davidson Counties. This project integrates freeway and arterial roadway
elements, along with physical, technological, and operational improvements, to provide
drivers accurate, real-time information and to actively manage traffic.
The project is phased as follows:
Phase 1: Short-Term Deployments
Ramp improvements and emergency pull-offs along I-24
Roadside dynamic message signs (DMS) along I-24
Dedicated short-range communication (DSRC) deployment
Upgraded signal system including updated signal timings along the arterials
Phase 2: Intermediate Deployments
Upgraded fiber along I-24
Overhead DMS for Active Traffic Management System along I-24
Upgraded detection along I-24 and the arterials
Phase 3: Long-Term Deployments
Ramp Metering along I-24
Upgraded fiber along arterials
CCTVs and DMS along arterials
ADA improvements along arterials
Automated Decision Support Systems for Active Traffic Management
Council Priorities Served
Improve economic development
The enhancement of major transportation corridors through the City assists in locating
beneficial economic development projects within the City.
Expand infrastructure
The improvement of traffic flow on I-24 assists with removing traffic from City streets
and serves to expend the capacity of existing roadways.
COUNCIL COMMUNICATION
Meeting Date: 07/29/2021
Item Title: Murfreesboro City Schools Update
Department: City Schools
Presented by: Dr. Trey Duke
Requested Council Action:
Ordinance ☐
Resolution ☐
Motion ☐
Direction ☐
Information ☒
Summary
Overview of the start of the 2021-2022 school year including information on district
enrollment and priorities for the year.
Staff Recommendation
Information Only
Background Information
During the 2020-2021 school year Murfreesboro City Schools went through several
changes related to the COVID-19 pandemic. These included a drop in enrollment for
the first time in six years and substantial changes in the delivery of instruction.
The beginning of the 2021-2022 year marks a transition back to a more normal
schooling experience. With at-home learning no longer being an option and increases
in enrollment expected, Dr. Duke will provide the Council updates on the current status
of enrollment numbers and priorities for the school year.
Council Priorities Served
Improve economic development
A strong public school system is critical to attracting high-level economic development
projects within the community.
Establish strong City brand
The achievements of Murfreesboro City Schools are instrumental in branding the city in
a positive light.
Enrollment YE 2020-21 Compared to Day 3 2021-2022
K-6 PS PS PS CDC BEST Deaf Ed TOTALS
Gen Ed VPK SpEd Peers
Totals
BF 20-21 753 33 29 8 39 862 Growth Over Last Year
BF 21-22 767 40 20 11 40 878
BR 20-21 375 375 End of 2020-2021 ------------------ 9000
BR 21-22 339 339 Day 3 2021-2022 ----------------- 9231
CLA 20-21 613 37 21 8 20 699 Growth from 20-21 to 21-22 --- 231
CLA 21-22 633 59 21 10 27 750
DS 20-21 386 386
DS 21-22 398 398
ES 20-21 677 28 10 19 4 738
ES 21-22 741 20 12 22 795
HG 20-21 586 47 633
HG 21-22 567 33 600
JP 20-21 703 36 23 762
JP 21-22 692 38 24 754
MN 20-21 568 26 13 607
MN 21-22 541 37 14 592
NF 20-21 568 35 16 15 26 660
NF 21-22 584 38 15 17 30 684
OCE 20-21 934 934
OCE 21-22 991 991
RR 20-21 413 413
RR 21-22 401 401
SA 20-21 920 14 934
SA 21-22 1062 14 1076
SC 20-21 906 18 10 31 965
SC 21-22 866 13 12 37 928
Mercury Ct 20-21 32
Mercury Ct 21-22 40
Totals 8402 246 112 51 172 13 4 9000 9000
Totals 8582 285 89 62 194 14 5 9231 9231
K-6 PS PS PS CDC BEST Deaf Ed
Gen Ed VPK SpEd Peers
Total
BEP Funded 20-21 8402 172 13 4 8591
BEP Funded 21-22 8582 194 14 5 8795
Non-BEP Funded 20-21 246 112 51 409
Non-BEP Funded 21-22 285 89 62 436
8/10/2021
Board Retreat
August 10, 2021
“To assure the
academic and
personal success
of each child.”
1
8/10/2021
Key Enrollment Points 2021-2022
Total Enrollment: 9,231 (early numbers that will rise).
2.5% increase from last year
Ended 2020-2021: 9,000.
Projected: 9,457 (-226)
Large/Fast Growing Schools
Salem: 1076 (+142)
Overall Creek: 991 (+57)
Scales: 928 (-40)
Erma Siegel: 741 (+64)
Projections
West Side of Town
2
8/10/2021
Houses Approved for Building
Multi-Family Homes
3
8/10/2021
Total New Housing Permits
District staff will be watching enrollment numbers
carefully, and we will begin planning options to
address growth on the west side for next year.
District Priorities
4
8/10/2021
2021 State and District Data
We expected to see decreases in student
achievement due to the pandemic
Before test data was released we were already
responding
Summer School
Tutoring services
Supports for teachers
Supports for students (social-emotional)
2021 Achievement Data
Grade Level State English/ State Decrease
Language Arts • Data for MCS will be released
Proficiency
Wednesday, August 10th.
2nd 21.4 -11
3rd – 5th 31.8 -4
• Trends:
6th 26.1 -5.9
• MCS outperforming the
State Decrease
state
Grade Level State Math
Proficiency • MCS decreases were not as
2nd 28.2 severe as the state’s in any
3rd – 5th 33 -13 grade level
6th 26.1 -5.9
5
8/10/2021
District Priorities
1. Increase academic achievement and growth in
Reading/Language Arts
2. Increase academic achievement and growth in Math
3. Address and support the needs of the whole child
to decrease the achievement gap
4. Recruit, retain, and train highly effective and
culturally competent educators and employees to
maximize student outcomes
5. Increase academic achievement and growth in
Science
“All students can
learn.
All students will
learn because of
what we do.”
– Anthony Muhammed
6
COUNCIL COMMUNICATION
Meeting Date: 08/11/2021
Item Title: Regulation of Retail Liquor Stores
Department: Legal Department
Presented by: Roman Hankins, Assistant City Attorney
Summary
Presentation on possible changes to local regulation of retail liquor stores.
Background Information
Under state law, municipalities may elect to allow retail liquor stores to operate within
its jurisdiction. If these stores are permitted, municipalities’ regulation of the stores is
limited to how many stores are permitted within the jurisdiction and the location of the
stores.
The City limits liquor stores to commercial, industrial, mixed-use, and planned
development zones under the City’s Zoning Ordinance. The City also requires a distance
separation between liquor stores and both schools and places of worship. In early 2018,
City Council also adopted an ordinance that capped the number of liquor stores that
are allowed to operate within the City to 1:5000 residents.
Council recent discussed revising the City’s current regulation of retail liquor stores and
the process for approving certificates of compliance from the City, which is a
prerequisite for an operator to obtain a liquor license from the Alcoholic Beverages
Commission. The attached memorandum outlines possible modifications of the City’s
regulations. Council may consider a moratorium on acceptance of new applications for
certificates of compliance for 60 days pending adoption of an ordinance enacting any
regulatory changes.
Attachments:
1. Memorandum to Council regarding Modification of the City’s Regulation
of Retail Liquor Stores
2. Resolution 21-R-31, enacting a temporary moratorium on acceptance of
applications for certificates of compliance
. . . creating a better quality of life
LEGAL DEPARTMENT - MEMORANDUM
TO: Mayor and Members of City Council
FROM: Adam Tucker, City Attorney
Roman Hankins, Assistant City Attorney
DATE: August 9, 2021
SUBJECT: Possible Changes to the City’s Retail Liquor Store Regulations
In this memorandum, we outline for City Council’s consideration several possible changes to the City’s
regulation of retail liquor stores. These possible changes fit into three discrete categories: 1) the restricting
of the total number of stores permitted to operate within the City; 2) restrictions pertaining to the location
of retail liquors stores; and 3) the application and approval process for certificates of compliance.
Except as otherwise noted, we are not making any recommendation as to whether any particular change
should be implemented.
A. Restriction on Number of Stores
1. Section 4-10 - Retail liquor certificate of compliance; limited number—currently allows up to
one liquor store per 5,000 City residents. Section 4-10 currently reads as follows:
(A) Notwithstanding the requirements of Section 4-7(B), City Council shall not issue any
Retail Liquor Certificate of Compliance relative to any new retail liquor stores unless it is
determined, in accordance with Section 4-10(C), that the availability of alcoholic
beverages to City residents is unreasonably restricted.
(B) Notwithstanding the limitation established in Section 4-10(A), the City shall issue
one or more new certificates for purposes of facilitating the sale of any interest in any
existing retail liquor store or the relocation of a retail liquor store's place of business
within the City if the person or persons applying for any such certificate(s) satisfy the
requirements of Section 4-7 and T.C.A. § 57-3-208.
(C) For the purpose of determining whether the availability of alcoholic beverages to
residents of the City is unreasonably restricted, it will be presumed, absent proof to the
contrary, that alcoholic beverages are generally available and that residents are being
Possible Changes to City’s Retail Liquor Store Regulations
August 9, 2021
adequately served when the ratio between the number of operating retail liquor stores in
the City relative to the population of the City is less than or equal to one store for each
5,000 City residents. The population of the City for purposes of determining the number
of retail liquor stores will be the number provided by the most current population
estimate made available by the U.S. Census Bureau, Population Estimates Program. The
quotient of the population divided by the allowable per capita number set herein must be
a whole number before a certificate may be issued in accordance with this section.
(D)Annually at the first meeting of City Council following the first day of July, the City
Recorder shall report to City Council the total number of licensed retail liquor stores
operating within the City as of that date and the total number of additional retail liquor
stores, if any, that could be approved to operate within the City under this section.
2. Under Section 4-10(C) as it exists today, and based on 2020 population estimate of 146,9000,
no more than 29 retail liquor stores are permitted to operate within the City.
3. Increasing the denominator of the ratio to 6,000, 7,000, or 10,000 would reduce the number of
stores allowed to operate within the City to 24, 20, and 14, respectively, although existing
stores would be grandfathered in and allowed to continue to operate if the number of stores
“allowed” by ordinance dropped below the number currently operating.
4. Note: Memphis and Chattanooga have hard caps on the number of liquor stores permitted,
177 and 54, respectively. Other researched cities have either have no cap or, like
Murfreesboro, set the cap by population ratio.
B. Restriction on Locations
1. Murfreesboro City Code Section 4-11 currently mandates the minimum distances between a
retail liquor store and a school or a place of worship be at least 500 ft. and 300 ft., respectively
in the following zones: Commercial Fringe; Commercial Highway; Central Business District;
Heavy Industrial; Light Industrial; Mixed Use; Planned Unit Developments; Planned
Commercial Developments; and Planed Residential Developments.
2. Retail Liquor Stores are currently not permitted on any property in any type of residential
zone.
3. Section 4-11 requires two liquor stores to be at least 1,500 ft. apart.
4. If Council wishes to enact a distance requirement between liquor stores and private
residences, Table 4-11 could be amended accordingly with an appropriate requirement,
although staff recommends that no distance requirement be applied in CBD, MU, and PUD
zones.
5. Other distance requirements could require an amendment to the City’s Zoning Ordinance.
C. Application for and Approval of Certificates of Compliance
1. Section 4-7(D) currently provides as follows:
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(D) Upon receiving an application for a Retail Liquor Certificate of Compliance, the City
Recorder shall review the application. Upon determining that the application meets the
requirements of Section 4-7(C), the City Recorder shall present the application, along
with the applicant's proposed Certificate of Compliance, to Council for consideration at
the earliest possible meeting.
2. One possible alternative to the current application process would be to replace 4-7(D) in its
entirety and replace it with the following:
(D) Applications for a Retail Liquor Certificate of Compliance shall be received and
processed by the City Recorder as follows:
(1) Upon receiving an application for a Retail Liquor Certificate of
Compliance, the City Recorder shall review the application.
(2) Only complete applications shall be submitted. If the City Recorder
determines that an application is incomplete, the City Recorder shall inform the
applicant of any deficiency and return the application to the applicant.
(3) Complete applications will be considered in the chronological order in
which they are received, and no consideration will be given to the fact that other
applications have subsequently been received.
(4) Upon determining that the application meets the requirements of Section
4-7(C), the City Recorder shall present the application, along with the applicant's
proposed Certificate of Compliance, to Council for consideration at the earliest
possible meeting.
3. Another alternative to the current application process would be to delete 4-7(D)-(G) in their
entirety (subsections (E), (F), and (G) pertain to the certificate approval process) and create a
new Section 4-9, which would provide as follows: s entirety and replace it with the following:
Section 4-9 – Procedures for processing applications for Retail Liquor Certificates of
Compliance
At any time the number of approved licensed retail liquor stores is less than the total limit
for the number of retail liquor stores as provided in Section 4-10, the following
procedures are established and shall govern the processing of applications for additional
retail liquor stores up to the total limit on the number of retail liquor stores specified in
Section 4-10 at that time.
(A) The City Recorder shall publish online using the City website, and in a local
newspaper of general circulation, for a period of three (3) consecutive calendar days,
a notice that the City has an open certificate or certificates of compliance, equal to the
total amount of retail liquor stores permitted by Section 4-10 less any previously
approved certificates of compliance, for the operation of one or more retail liquor
stores within the City, and inviting prospective store operators to apply for a
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Possible Changes to City’s Retail Liquor Store Regulations
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certificate. The notice shall provide that prospective applicants may obtain a written
application for a certificate of compliance from the City Recorder. The application
form shall also be posted on the City website for download by the public. The notice
shall further provide that the City shall accept applications for a period of twenty (20)
calendar days after the last date of publication of the notice, and no applications shall
be accepted after that date for that application period.
(B) During the twenty (20) calendar days period specified above, the City shall accept all
written applications for processing that are properly and fully completed in
accordance with Section 4-7 and timely submitted during business hours at the City
Recorder's office. It shall be the sole responsibility of the applicant to complete the
application properly and fully and to timely submit the application.
(C) A copy of the application may be referred by the City Recorder to the Murfreesboro
Planning Department, which shall then conduct a staff-level review to determine if
the applicant's proposed business location is properly zoned for use as a retail liquor
store, including applicable location restrictions. The results of the Murfreesboro
Planning Department zoning check shall be filed with the application and returned to
the City Recorder for further processing.
(D) During review of the criminal background check submitted by the applicant in
accordance with Section 4-7, the City Recorder shall confer with the City Attorney to
determine if any applicant has been convicted of a felony from any jurisdiction within
a ten-year period immediately preceding the date of the application, and any other
disqualifying factors as may be prescribed by state law. Any applications wherein the
applicant has been found to have been convicted of same shall have their application
denied administratively by the City Recorder, and such applicant shall receive written
notice of this finding and that their application has been denied by the City for that
reason, or for any other reason prescribed by state law.
(E) All applicants that timely submitted a properly and fully completed application,
including (without limitation) the reviews noted herein, shall then be eligible for
further processing.
(F) If the number of applicants eligible for further processing after review is less than the
number of open certificates of compliance (retail liquor stores permitted pursuant to
Section 4-10) that are available, then each applicant's application for a certificate of
compliance shall be placed on the agenda by the City Recorder for the next meeting
of the City Council in the form of a separate resolution approving a certificate of
compliance for each separate applicant location. At said next meeting the City
Council shall consider each separate application which shall require a majority vote
for approval.
(G) If the number of applicants eligible for further processing exceeds the number of open
certificates of compliance (retail liquor stores permitted pursuant to Section 4-10) that
are available, then each applicant's application for a certificate of compliance shall be
considered based on a public lottery drawing. The City Recorder shall place on the
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Possible Changes to City’s Retail Liquor Store Regulations
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agenda for the next meeting of the City Council an agenda item for a public lottery
drawing pertaining to retail liquor store certificates of compliance; such agenda item
shall list the names of all applicants that are eligible for the public lottery drawing.
Prior to said next meeting, the City Recorder shall prepare separate strips of paper of
equal dimensions upon which the names of each applicant seeking a certificate of
compliance is typed. Each strip of paper shall then be folded twice in the same
manner for each strip of paper, and then placed into an opaque container from which
the drawing shall be made. At the appropriate time at the next City Council meeting,
the City Mayor, or the Mayor's designee, shall draw from the opaque container
without viewing the inside of the container a number of the strips of paper containing
the typewritten names of the applicants that are equal to the number of open
certificates of compliance (retail liquor stores permitted pursuant to Section 4-10) that
are available. Those applicants selected by public lottery shall then be the applicants
accepted for consideration of the applicant's application for a certificate of
compliance by the City Council.
(H) The City Council may require an applicant for a Retail Liquor Certificate of
Compliance to appear before the Council to address any matter related to the
applicant's application and/or business. The City Council may also request and the
applicant shall furnish additional information regarding the applicant's application
and/or business, in which case the Council may also defer the application to the next
meeting, so long as any such deferral does not extend the application beyond sixty
(60) days from the date of submission of the application.
(I) In those circumstances where the provisions of subsection (G) above applies, upon
the conclusion of the public lottery drawing, each applicant selected during the public
lottery drawing shall have their application for a certificate of compliance
immediately considered at the same session as the public lottery drawing, by the City
Council by separate vote for each selected applicant location, which shall require a
majority vote for approval, subject to the procedure of subsection (H), above.
(J) Any applicant who has been approved for a certificate of compliance by the City
Council who does not then make application for a retail liquor store license from the
Tennessee Alcoholic Beverage Commission within one hundred twenty (120)
calendar days of the date of approval of the resolution for a certificate of compliance
by the City Council, may have their certificate of compliance repealed by a separate
resolution of the City Council.
(K) Any certificate of compliance approved by resolution of the City Council for any
applicant, who, prior to obtaining their retail liquor store license from the Tennessee
Alcoholic Beverage Commission, is subsequently convicted of any felony from any
jurisdiction, may have their certificate of compliance repealed by a separate
resolution of the City Council.
(L) As provided by state law, any applicant's application for a certificate of compliance
that is selected through the public lottery method prescribed herein that is not voted
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on by the City Council within sixty (60) days from the date such applicant's
application is submitted to the City Recorder shall be deemed granted.
6
RESOLUTION 21-R-XX enacting a temporary moratorium on the
acceptance of applications for liquor store certificates of compliance
pending amendments to Chapter 4 of the Murfreesboro City Code.
WHEREAS, the City of Murfreesboro has authorized the retail sale of liquor
and spirituous beverages pursuant to state law and local election; and
WHEREAS, the City of Murfreesboro has placed certain regulations and
restrictions on retail liquor stores, including the number and location thereof, in
Chapter 4, Article II, of the Murfreesboro City Code; and
WHEREAS, the Murfreesboro City Council has begun consideration of certain
revisions, alterations, and amendments to Chapter 4 of the Murfreesboro City Code;
and
WHEREAS, in order to provide certainty regarding the regulatory structure
under which future retail liquor stores are to be regulated and restricted, and to
promote the orderly and efficient administration of City government, it is necessary
to impose a moratorium on the acceptance of any and all further applications for
retail liquor store certificates of compliance until amendments to Chapter 4 of the
Murfreesboro City Code are enacted and effective.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS:
SECTION 1. There is hereby enacted and imposed a moratorium on the
acceptance of any and all further applications for retail liquor store certificates of
compliance until the earlier of: (a) amendments to Chapter 4 of the Murfreesboro City
Code being enacted and effective; or (b) 60 days from the date of enactment of this
Resolution.
SECTION 2. This Resolution shall be effective immediately, the public
welfare and the welfare of the City requiring it.
Passed:
Shane McFarland, Mayor
ATTEST: APPROVED AS TO FORM:
Jennifer Brown Adam F. Tucker
City Recorder City Attorney
Clio Matter # 2021-00499, 08/04/2021
COUNCIL COMMUNICATION
Meeting Date: 08/11/2021
Item Title: June 2021 Dashboard
Department: Administration
Presented by: Erin Tucker, Budget Director
Summary
June 2021 Dashboard packet
Background Information
Dashboard information includes relevant Financial, Building & Codes, Risk
Management and Construction data.
Council Priorities Served
Responsible budgeting
Providing Council with assessable financial information on a regular basis assists in
critical decision-making about the fiscal affairs of the City.
Fiscal Impacts
None
Attachments:
1. June 2021 Dashboard
2. City Schools June Dashboard
JUNE DASHBOARD
Property Tax notices were mailed in early October. The FY21 Tax Roll reflects a 3.03% increase over FY20.
LOCAL SALES TAX REVISED BUDGET vs ACTUAL
7 60
Millions 6 Millions
50
5
40
Monthly Total Cumulative Total
4
30
3
20
2
10
1
- 0
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
FY21 Budget FY21 Actual FY 21 Cumulative FY 20 Cumulative
Initial estimates for the COVID-19 impact on Local Sales Tax indicated a 55% decrease as compared to FY20 through the
first quarter of FY21. Instead, collections have exceeded, rather than lagged, FY20. City Council approved a budget
amendment in early November to reflect this shift. The chart above reflects this revised budget. Cumulative collections
reflect a 17.7% increase over FY20 collections. This information reflects a 2-month lag – the collections are for April 2021
taxes. Barring any significant economic downturns, this trend is expected to continue, though collections may level off at
some point in the future.
STATE SALES TAX REVISED BUDGET vs ACTUAL
1,600 14
Thousands
1,400 12 Millions
1,200
10
Cumulative Total
1,000
Monthly Total
8
800
6
600
4
400
200 2
- 0
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
FY21 Budget FY21 Actual FY 21 Cumulative FY 20 Cumulative
State Sales Tax was also budgeted at a 55% loss as compared to the first quarter of FY20 but instead realized growth.
The November budget amendment to this revenue source is reflected in this chart. Cumulatively, State Sales Tax is up
13.3% over FY20. This information reflects a 2-month lag – the collections are for April 2021 taxes. Again, barring any
significant economic downturns, this trend is expected to continue though collections may level off at some point in the
future.
% of Total Current Month Collections
State Street Aid
- Gas Tax ,
12.32%
Business Tax - Gross
TVA Gross Receipts,
Receipts Tax, 34.29%
10.82%
Mixed Drink Tax, 4.06%
Telecom Sales Tax,
0.28%
Gas Tax Allocation,
0.63%
State Sales Tax, 37.60%
Sales Tax made up 37% of the State Shared collections for June. Business License taxes totaled 34% of State Shared
collections while the State Street Aid Gas Tax (restricted to road improvements) made up an additional 12%. Quarterly
TVA Gross Receipts totaled 11% for June. All other taxes made up an additional 4.97% of the State Revenue Distributions
for the month.
State Revenue Collections
4.00 30
Millions Millions
3.50
25
3.00
20
2.50
Total Collections
2.00 15
1.50
10
1.00
5
0.50
0.00 0
JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE
FY20 Actual FY21 Actual FY20 Cumulative FY21 Cumulative
Overall, State Shared Revenue collections showed a 18.8% increase from last year’s State Shared revenues thru June and
a 47% increase for the month of June as compared to 2020. This is primarily due to the increase in Business License
Gross Receipt Taxes. Sales Taxes receipts are showing a 50% increase, and Business License taxes are showing a 54%
increase as compared to June of last year. FY20 receipts were skewed due to tax extensions approved by the State in
response to the COVID-19 pandemic. This will likely level out in July 2021. Mixed Drink taxes increased 712% for the
month of June as compared to June in FY20, making up for previous FY21 decreases and bringing this revenue back in-
line with pre-pandemic levels. State Street Aid showed its first significant increase of the year with a 61% increase for
the month as compared to last year. Overall, this tax is reflecting relatively flat results compared to FY20. These
revenues are restricted and can only be spent on eligible roadway maintenance and construction projects.
HOTEL/MOTEL
BUDGET vs. ACTUAL
350 3
Millions
Thousands
300
3
250
2
200
2
150
1
100
1
50
- -
JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
FY21 Budget Based on 5 yr Average Actual FY20 Cumulative FY21 Cumulative
The Hotel/Motel Tax rate doubled in FY20 from 2.5% to 5%. The City budgeted for a 50% drop in collections due to the
pandemic. For the year, a 2% drop has been realized through June as compared to last year. March saw the tax’s first
positive gains over FY20 with a 5% increase followed by a 74% increase in April, a 224% increase in May and a 204%
increase in June as compared to last year. This upward trend is expected to continue. While receipts are down, they are
higher than budgeted by 16% for the year.
Salaries & Benefits
14,000,000 90,000,000
80,000,000
12,000,000
70,000,000
10,000,000
60,000,000
8,000,000 50,000,000
6,000,000 40,000,000
30,000,000
4,000,000
20,000,000
2,000,000
10,000,000
- -
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
FY 21 Budget FY 21 Actual FY 21 Cumulative FY 20 Cumulative
Effective 3/19/20, a hiring freeze was implemented through October with only critical vacancies being filled. As a result,
Salaries & Benefits were trending under budget by 7.1% due to unfilled vacancies within the City through June. As of
6/30/21, there were 949 filled full-time positions and 70 vacancies – which is up from 64 vacancies in May. Police had 49
open positions at the end of March, including 37 sworn officer positions and 8 emergency communications staff.
Schools Transfer
700,000 9,000,000
8,000,000
600,000
7,000,000
500,000
6,000,000
400,000 5,000,000
300,000 4,000,000
3,000,000
200,000
2,000,000
100,000
1,000,000
- -
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
FY 21 Budget FY 21 Actual FY 21 Cumulative FY 20 Cumulative
Budgeted Transfers to City Schools is budgeted at $7.885M. This transfer is made in monthly increments evenly
distributed throughout the year.
Debt Service Transfer
30,000,000 45,000,000
40,000,000
25,000,000
35,000,000
20,000,000 30,000,000
25,000,000
15,000,000
20,000,000
10,000,000 15,000,000
10,000,000
5,000,000
5,000,000
- -
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
FY 21 Budget FY 21 Actual FY 21 Cumulative FY 20 Cumulative
The budgeted Debt Service Transfer decreased by $3.3M in FY21. This is due to debt payoff ($2.8M), refinanced debt
(with budgeted savings of $236,600) and no new debt service scheduled for FY21. Cumulative results are down by
approximately $2.9 million. The City now holds no variable rate debt.
Repairs & Maintenance
3,500,000 12,000,000
3,000,000
10,000,000
2,500,000
8,000,000
2,000,000
6,000,000
1,500,000
4,000,000
1,000,000
2,000,000
500,000
- -
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
FY 21 Budget FY 21 Actual FY 21 Cumulative FY 20 Cumulative
Repairs & Maintenance make up 7% of General Fund budgeted expenses. This includes maintenance of software
($1.2M), fleet services ($2.7M), and Police R&M for radios, mobile data terminals, etc. ($1.4M). State Street Aid R&M of
streets, markings and right of way totals $4.4M. These expenses are seasonal and fluctuate depending on contract
timing and timing of repairs. This was trending 20% under budget and 6% less than FY20 through June.
Utilities
900,000 5,000,000
800,000 4,500,000
4,000,000
700,000
3,500,000
600,000
3,000,000
500,000
2,500,000
400,000
2,000,000
300,000
1,500,000
200,000
1,000,000
100,000 500,000
- -
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
FY 21 Budget FY 21 Actual FY 21 Cumulative FY 20 Cumulative
Utilities were budgeted to stay relatively flat in FY21 as compared to FY20 and are running about 15% under budget
through June.
Fixed Assets
6,000,000 7,000,000
6,000,000
5,000,000
5,000,000
4,000,000
4,000,000
3,000,000
3,000,000
2,000,000
2,000,000
1,000,000
1,000,000
- -
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
FY 21 Budget FY 21 Actual FY 21 Cumulative FY 20 Cumulative
$17.8M budgeted for Fixed Assets in FY 21 includes:
• $9.25M in Infrastructure for grant funded road construction
• $1.5M – Siegel Soccer Park building
• $1.38M – public safety equipment
• $1.4M – Transit Facility
• $1.1M – Rover bus replacement (grant funded portion)
• $700k – Fire apparatus replacement
• $358k software & computer hardware
• $98k Recreation equipment
Timing on spending in Fixed Assets is also seasonal and can fluctuate based on the construction schedules and delivery
of equipment. Through June, fixed asset spending was down 37% as compared to last year due to the City-wide non-
essential spending freeze and timing of road construction projects funded through the Infrastructure Department.
JUNE SAFETY REPORT
City Cumulative All Incidents as of June
Yr 2020 = 86 Yr 2021 = 72
45 42
40
35 33
30
25
20 18
16
15
10 8
65 6 65
5 3
11 12 11 21
0
0
Fire Police Parks & Water B&C Fleet Golf Solid Street Transp
Rec Waste
Yr 2020 Yr 2021
Safety incidents are reflected on a calendar vs. fiscal year basis. Overall, for the City, total incidents showed a 16%
decrease from last June.
WORKERS’ COMPENSATION
PEP Workers' Compensation as of Jun
2020: 158 Closed Claims $281000 2021: 60 Closed Claims $20000
$90,000
$80,000
$70,000
$60,000
$50,000 Fire
$40,000 Police
$30,000 Water
$20,000 Other
$10,000
$-
1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6
2020 2021
PEP Workers' Compensation as of Jun
2020: 7 Open Claims $403000 2021: 17 Open Claims $657000
$250,000
$200,000
$150,000
Fire
Police
$100,000
Water
Other
$50,000
$-
5 7 8 9 10 11 1 2 3 4 5 6
2020 2021
BUILDING & CODES
New Dwelling Units (Single Family, Townhomes & Apartments)
300 2,500
250
2,000
200
1,500
150
1,000
100
500
50
0 0
JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE
New Permits Cumulative FY 21 Cumulative FY 20
FY21 dwelling permits are down 2% from FY20. This is primarily due to changes in construction demand as compared to
this time last year.
Total Permits (all types)
1,400 14,000
1,200 12,000
1,000 10,000
800 8,000
600 6,000
400 4,000
200 2,000
- -
JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE
FY 21 Total Permits Cumulative FY 21 Cumulative FY 20
Total permits were trending up over last year by 7.5% through June.
775,000 Revenues 5,100,000
750,000
725,000 4,700,000
700,000
675,000 4,300,000
650,000
625,000 3,900,000
600,000
575,000 3,500,000
550,000 3,100,000
525,000
500,000 2,700,000
475,000
450,000 2,300,000
425,000
400,000 1,900,000
375,000
350,000 1,500,000
325,000
300,000 1,100,000
275,000
250,000 700,000
225,000
200,000 300,000
JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE
FY 21 Monthly Revenues FY 21 Cumulative Revenues FY 20 Cumulative Revenues
Revenues are down 6% in June over last year and up 14% cumulatively from FY20 to FY21 due to Costco and the MTSU
School of Concrete and Construction building permits.
JULY 8, 2021
Project Tracking
Project Cost (including approved Change Orders) Billed to Date (Construction Only) Project Days (including approved Change Orders) Days Used
$2,500,000.00 400
350
$2,000,000.00
300
250
$1,500,000.00
200
$1,000,000.00
150
100
$500,000.00
50
$0.00 0
Bradyville Pike Cherry Lane Phase II Cherry Lane Phase III Mercury Blvd Sidewalks Rucker Lane Phase 1 Brinkley Road Phase 1 Gateway Boulevard Extension Front/ Vine Intersection
Pareto Chart for Cumulative Percent of Annual Costs across all Cost Centers is in cells B2 through E3.
Project Limits
Project Cost (including Billed to Date Project Days (including Estimated Substantial
Project Name From To Distance approved Change Orders) (Construction Only) approved Change Orders) Days Used Percent Days Completion N.T.P.
Bradyville Pike SE Broad Street S Rutherford Blvd 2.10 Miles $10,570,000 (Est Cost) $0.00 0 0 0%
Cherry Lane Phase II Siegel Soccer Park Sulphur Springs Road 1.73 Miles $13,800,000 (Est Cost) $0.00 0 0 0%
Cherry Lane Phase III Broad Street Memorial Blvd (231) 1.10 Miles $46,000,000 (Est Cost) $0.00 0 0 0%
Mercury Blvd Sidewalks SE Broad Street Middle TN Blvd .70 Miles $1,100,292 $0.00 365 53 15% 5/17/2022 5/17/2021
Rucker Lane Phase 1 Muirwood Blvd Veterans Parkway .75 Miles $2,299,947.00 $77,341.49 244 60 25% 1/9/2022 5/10/2021
Brinkley Road Phase 1 Timber Creek Blaze Drive .3 Miles $3,192,468(Est Cost) $0.00 0 0 0%
Gateway Boulevard Extension Gateway Robert Rose .3 Miles $1,432,842(Est Cost) $0.00 0 0 0%
Front/ Vine Intersection Front Street Vine Street .1 Miles $0.00 0 0 0%
Total $78,395,549 $77,341
JULY 8, 2021
Project Status / Comments
Brinkley Road Phase I Right of Way acquisition approved by Council on 6/24/2021. Right of Way negotiations commencing. TDEC confirmed receipt of ARAP application and is continuing their review.
Cherry Lane Phase II 401/404 Environmental application submitted to TDEC and the Corps of Engineers on 6/2/2021 for their review.
Cherry Lane Phase III Consultant to submit bridge drawings to TDOT Local Programs and Structures Division for their review. Right of way consultant (Volkert) continuing right of way acquisition.
Front/Vine Street Intersection Ragan Smith developing conceptual plan to include in Transportation Planning Report for TDOT submittal.
Gateway Blvd Extension Appraisal services approved by Council on 6/24/2021. Appraisals anticipated to be completed within 90 days.
Mercury Blvd Sidewalks Notice to Proceed for construction was 5/17/2021 - work scheduled to begin July 12th.
Finished installing construction grade stakes along job site. Continuing to cut and fill roadway to obtain sub-grade elevation throughout project. Hauling and installing borrow within the fill sections and
Rucker Lane Phase I
drilling/shooting the cut areas. Installing waterline crossing along west end of job site.
Topping complete along Warrior drive minus right turn lane - where poles are to be relocated. Final grading, stabilization, and thermoplastic striping to be complete this week. AT&T to remove lines off
Warrior Dr. / Hwy 99 Intersection
poles this week as well.
Project ROW Updates
Bradyville Pike 65% of ROW Acquisition completed
Cherry Lane Phase II ROW legal documents being drafted by consultant.
Cherry Lane Phase III Volkert continuing ROW acquisition.
VERTICAL CONSTRUCTION - MONTHLY UPDATE
JUNE 28, 2021
Project Tracking
Ending Date 06/28/21
Project Cost (Actual/Estimated) Billed to Date Project Days (including approved Change Orders) Days Used
$14,000,000 300
$12,000,000
250
$10,000,000
200
$8,000,000
150
$6,000,000
100
$4,000,000
50
$2,000,000
$0 0
Discovery School Track Indoor Soccer Field Murfreesboro Airport - Hangar #1 Murfreesboro Transit Center Old Firestation 4 - ADA Restroom Renovation Siegel Soccer Admin & Retail Building Sports*Com Emergency Piping Repair Weecare Daycare - Kitchen & Pantry
Renovation
Pareto Chart for Cumulative Percent of Annual Costs across all Cost Centers is in cells B2 through E3.
Project Limits
Project Days (including
Project Cost
Project Name Start Date Delivery Method Funding Billed to Date approved Change Days Used Percent Days Status
(Actual/Estimated) Orders)
Discovery School Track 5/10/2021 Hard Bid City Schools, Local $61,944 $0 20 20 100% Closeout
Indoor Soccer Field 6/1/2021 Hard Bid Local $3,436,972 $0 250 24 10% Construction Phase
Murfreesboro Airport - Hangar #1 5/7/2021 Design Build CIP $4,338,325 $439,947 227 49 22% Construction Phase
Murfreesboro Transit Center 4/1/2022 Hard Bid FED/State, Local $11,435,000 $623,335 0 0 0% Design Phase
Old Firestation 4 - ADA Restroom Renovation 3/26/2021 Hard Bid - Prequal Bidders ADA $149,451 $5,370 90 90 100% Closeout
Siegel Soccer Admin & Retail Building 10/1/2021 Hard Bid MPRD Op. Budget $1,500,000 $5,801 0 0 0% Design Phase
Sports*Com Emergency Piping Repair 4/19/2021 Hard Bid - Time & Material Unforeseen $265,700 $199,181 65 73 112% Construction Phase
Weecare Daycare - Kitchen & Pantry Renovation 6/9/2021 Hard Bid - Prequal Bidders CBDG $130,558 $7,695 60 0 0% Pending Construction Award
Total $21,317,950 $1,281,330
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