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City Council

Regular Meeting

Murfreesboro, TN · August 11, 2021

AgendaMinutes

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 2 DocuSign Envelope ID: EBE8C34C-6F3E-42E4-93D8-507B61B5B634 EXHIBITB AMENDMENT TO MIXED-USE DEVELOPMENT AGREEMENT 210060-301002 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 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: 2 Possible Changes to City’s Retail Liquor Store Regulations August 9, 2021 (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 3 Possible Changes to City’s Retail Liquor Store Regulations August 9, 2021 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 4 Possible Changes to City’s Retail Liquor Store Regulations August 9, 2021 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 5 Possible Changes to City’s Retail Liquor Store Regulations August 9, 2021 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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