City Council

City of Murfreesboro City Council- Regular Session Thursday, December 8, 2022, at 6:00 pm City Council Chambers T E N N E S S E E 111 West Vine Street Murfreesboro, Tennessee MINUTES The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its regular meeting place in the Council Chambers at City Hall at 6:16 p.m. on Thu rsday, December 8, 2022. The meeting began late due to an Executive Session meeting that began at 5:30 p.m. and finished late. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright City Representatives Present Craig Tindall, City Manager Adam Tucker, City Attorney Jennifer Brown, City Recorder/ Finance Director Darren Gore, Assistant City Manager/ Water Resources Director Sam Huddleston, Assistant City Manager Erin Tucker, Budget Director Randolph Wilkerson, Employee Services Director Matthew Blomeley, Assistant Planning Director Trey Duke, Director of Schools Jim Kerr, Transportation Director Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Council member Austin Maxwell commenced the meeting with a prayer followed by the Pledge of Allegiance. Ceremonial Items STARS Award for November 2022. Employee Services Director Randolph Wilkerson presented the STARS Award for the month of November upon Lareko Flowers, Assistant Recreation Facility Director at Patterson Park, of the Parks and Recreation Department. The STARS award's purpose is to recognize City employees that go beyond the call of duty. Mr. Flowers demonstrated exceptional bravery and quick thinking upon the ignition of a brush fire on the park grounds. He promptly located an extinguisher and, without hesitation, rushed to extinguish the flames. His swift City Council Meeting Minutes December 8, 2022, 6:00 pm Page 1 of 11 and decisive actions not only safeguarded the facilities of Patterson Park but also averted potential harm to others. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. Housing Rehabilitation 922 Minerva Drive (Community Development) 2. Mandatory Referral for Dedication of an Electric Easement along Barfield Church Road (Planning) 3. Mandatory Referral for Abandonment of Public Utility and Drainage Easement along South Church Street (Planning) 4. Mandatory Referral for Dedication of an Electric Easements along Shelbyville Pike (Planning) 5. Mandatory Referral for Abandonment of Detention and Drainage Easement along Veterans Parkway (Planning) 6. Banner over Main Street (Street): *Mayor's 5k, December 22, 2022-January 2, 2023 *Read to Succeed -Unplug & Read, January 27, 2023-February 3, 2023 7. Asphalt and Concrete Purchase Report (Street) Mr. Wade made a motion to approve the Consent Agenda. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Old Business Land Use Matters 8. Ordinance 22-OZ-36 (First Reading). The ordinance titled "ORDINANCE 22-02-36 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 1.5 acres along Haynes Drive from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Beau Monde PRD); Blue Sky Construction, applicant [2022-404]" was offered for passage on its first reading, as revised. The plan was changed since originally offered for public hearing and Council approval on October 20, 2024. Staff conferred with the City's Legal Department and determined that no additional public hearing was necessary based on the fact the lot density was decreasing from eight units to four units. Planning Commission reviewed changes and recommended to Council for approval on December 7, 2022. Mr. Clyde Roundtree of Huddleston Steele offered a presentation reviewing the proposed changes to the plan. Mr. Maxwell made a motion to approve Ordinance 22-02-36. Ms. Averwater seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: City Council Meeting Minutes December 8, 2022, 6:00 pm Page 2 of 11  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Land Use Matters 9. Rezoning property west of Memorial Boulevard. Assistant Planning Director Matthew Blomeley presented a Council Communication regarding the recommendation of the Planning Commission to approve rezoning approximately 34.2 acres west of Memorial Boulevard and south of Regal Drive from RS-15 (Single-Family Residential Fifteen District) to PRD (Planned Residential Development District). Mr. Blomeley presented several ways the applicant met requests made by the City in designing the project. The development is consistent with the Land Use Map in the proposed update to the 2035 Comprehensive Plan. Extended discussion occurred between Council and City staff. Mr. Clyde Roundtree, with Huddleson Steele Engineering, presented a presentation regarding the planned development and discussed drainage issues and solutions. 9a. Public Hearing set by 22-R-PH-43. Resolution 22-R-PH-43, adopted by City Council on November 9, 2022, titled, "RESOLUTION 22-R-PH-43 fixing the time for holding a Public Hearing with respect to the proposed amendment of the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, constituting a part of said Ordinance, as heretofore amended and as now in force and effect, so as to consider a proposed amendment to rezone approximately 34.2 acres located west of Memorial Boulevard from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Northridge Park PRD); Gehan Homes, applicant, (2022-424]" set the public hearing date. Notice of said public hearing was published in the November 22, 2022 edition of the Murfreesboro Post. Mr. Blomeley stated that a public hearing was required on the matter. Mayor McFarland declared the public hearing open, inviting those present who wished to speak for or against rezoning property west of Memorial Boulevard to step forward to the lectern and provided public hearing instructions. The following individuals spoke at the public hearing: Mike Bacon, 2814 Archer Drive, spoke against the development and was concerned about drainage and increased traffic. Gus Hargett, 2910 Regency Park Drive, spoke against the development and was concerned about drainage and increased traffic. City Council Meeting Minutes December 8, 2022, 6:00 pm Page 3 of 11  Karen Bingham, 2903 Amber Drive, spoke against the development and was concerned about drainage and increased traffic. Pat Bacon, 2814 Archer Drive, spoke against the development and was concerned about drainage. Gloria Montgomery, 822 Banner Drive, spoke against the development and was concerned increased traffic. David Reed, 710 Banner Drive, spoke against the development and was concerned about drainage and remaining RS-15 to stay consistent with surrounding properties. Despite sufficient time for input, no additional attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. Mr. Wright requested that Sam Huddleston, Assistant City Manager, come to the podium to answer questions. Mr. Wright requested, that regardless of the status of this ordinance, planning staff look at the existing infrastructure and drainage issues in that area. Mr. Huddleston concurred. Additional discussion among Council regarding the rezoning ensued. 9b. Ordinance 22-02-43 (1" Reading). The ordinance titled "ORDINANCE 22-0Z-43 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 34.2 acres located west of Memorial Boulevard from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRO) District (Northridge Park PRO); Gehan Homes, applicant, (2022-424]" was offered for passage on its first reading. Mr. Maxwell made a motion to deny passage of Ordinance 24-0Z-43 and to keep zoning as RS- 15. Vice Mayor Shacklett seconded the motion. Vice Mayor Shacklett asked Mr. Blomeley what recourse people have if the plan does not work. Mr. Blomeley stated the Planning Department would be responsible to look at fixing those issues and would help direct people to the correct department regarding existing issues in the area. Upon roll call, the motion to deny Ordinance 24-0Z-43 and to keep zone as RS-15 was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 10. Rezoning property along North Rutherford Boulevard. Assistant Planning Director Matthew Blomeley presented a Council Communication regarding the rezoning of 16.01 acres west side of North Rutherford Boulevard north of East Main Street. The Planning Commission City Council Meeting Minutes December 8, 2022, 6:00 pm Page 4 of 11 recommended its approval on November 2, 2022. Mr. Blomeley stated that a public hearing was required on the matter. 10a. Public Hearing set by Resolution 22-R-PH-44. Resolution 22-R-PH-44, adopted by City Council on November 9, 2022, titled, "RESOLUTION 22-R-PH-44 fixing the time for holding a Public Hearing with respect to the proposed amendment of the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, constituting a part of said Ordinance, as heretofore amended and as now in force and effect, so as to consider a proposed amendment and/or to rezone to PRD (Albion at Murfreesboro Apartments PRD) a total of approximately 16.01 acres located at 285 North Rutherford Boulevard as follows: amend conditions of approximately 11.7 acres in the Planned Residential Development (PRD) District, rezone approximately 4.2 acres from Residential Multi- Family Sixteen (RM-16) District to Planned Residential Development (PRD) District, and rezone approximately 0.02 acres from College and University (CU) District to Planned Residential Development (PRD) District; Albion of Murfreesboro, LLC, applicant, [2022-423]" set the public hearing date. Notice of said public hearing was published in the November 22, 2022 edition of the Murfreesboro Post. Mayor McFarland declared the public hearing open and invited those who wished to speak for or against the proposed rezoning of property located along North Rutherford Boulevard to step forward to the lectern. The following individuals spoke at the public hearing: Bricke Murfree, Murfree & Goodman, PLLC, Attorneys at Law, spoke in support of the proposed rezoning. Clyde Roundtree, Huddleston-Steele Engineering, Inc., stated that there has been decay in maintenance on the existing property and this plan will resolve those issues as well as set up a more successful living situation for tenants. Despite sufficient time for input, no additional attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 10b. Ordinance 22-0Z-44 (1" Reading). The ordinance titled "ORDINANCE 22-OZ-44 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to amend the conditions applicable and/or to rezone to PRD (Albion at Murfreesboro Apartments PRD) a total of approximately 16.01 acres located at 285 North Rutherford Boulevard as follows: amend 11. 7 acres in the Planned Residential Development (PRD) District, rezone approximately 4.2 acres from Residential Multi-Family Sixteen (RM-16) District to Planned Residential Development (PRD) District, and rezone approximately 0.02 City Council Meeting Minutes December 8, 2022, 6:00 pm Page 5 of 11 acres from College and University (CU) District to Planned Residential Development (PRD) District; Albion of Murfreesboro, LLC, applicant, [2022-423]" was offered for passage on its first reading. Mr. Maxwell made a motion to approve Ordinance 22-OZ-44. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 11. Zoning for property along Veterans Parkway. Assistant Planning Director Matthew Blomeley presented a Council Communication regarding the recommendation of the Planning Commission to approve the rezoning of approximately 7 .3 acres of property located along Veterans Parkway to be zoned CH (Commercial Highway District) and PRD (Planned Residential District), simultaneous with annexation, and, to amend the existing PRD zoning on the adjacent 7.1 acres to the south. Mr. Blomeley stated that a public hearing was required on the matter. Brian Gover of SEC and Harney Homes described the project and showed the expected ways this development would improve the area. He stated this plan has more robust amenities including walkability, third party HOA, and accessibility to roadways. 11a. Resolution 22-R-A-45 amending Resolution 22-R-A-14. The annexation resolution titled "RESOLUTION 22-R-A-14 to annex approximately 7.3 acres located along Veterans Parkway (Tax Map 93, Parcel 10.12) and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee, David Scott Rowlett, applicant [2022-502]" was offered for public hearing and Council consideration on June 23, 2022, on which date it was approved by Council. The original zoning request, "ORDINANCE 22-OZ-14 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 1.6 acres along Veterans Parkway as Commercial Highway (CH) District simultaneous with annexation, approximately 5. 7 acres along Franklin Road and Veterans Parkway as Planned Residential Development (PRD) District (The Villas at Veterans PRD), simultaneous with annexation, and to amend the existing Villas at Veterans PRD zoning on 7.1 acres located along Franklin Road; Harney Homes, LLC, applicant [2022-402]" was deferred by Council at that meeting. A new zoning application was subsequently submitted several months later and is now catching back up to the annexation. Annexation Resolution titled, "RESOLUTION 22-R-A-45 amending RESOLUTION 22-R-A-14 pertaining to the adoption of a Plan of Services for and the Annexation of approximately 7.3 acres located along Veterans Parkway (Tax Map 93, Parcel 10.12) and to City Council Meeting Minutes December 8, 2022, 6:00 pm Page 6 of 11 incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee, Harney Homes, LLC, applicant [2022-425]" was recommended to amend the original annexation resolution that was approved in June and tie it to the current zoning ordinance (Ordinance 22-02-45) rather than the zoning ordinance that was proposed in June and was offered for passage. Mr. Wright made a motion to approve Resolution 22-R-A-14. Mr. Maxwell seconded the motion. Upon roll call, the resolution was passed on its first and only reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None After agenda item number 12, City Attorney Adam Tucker clarified for the record that the vote for Resolution 22-R-A-14 was a vote to pass Resolution 22-R-A-45 to amend Resolution 22-R-A-14, Mayor McFarland confirmed this. 11 b. Public Hearing set by Resolution 22-R-PH-45. Resolution 22-R-PH-45, adopted by City Council on November 9, 2022, titled, "RESOLUTION 22-R-PH-45 fixing the time for a Public Hearing to consider zoning of approximately 1.6 acres along Veterans Parkway to Commercial Highway (CH) District and approximately 5.7 acres located along Veterans Parkway to Planned Residential Development (PRD) District (The Villas at Veterans PRD), which have been proposed to be annexed to the City of Murfreesboro, Tennessee, and amending approximately 7.1 acres of the Planned Residential Development (PRD) District along Franklin Road in the existing Villas at Veterans PRD zoning, as indicated on the attached map, Harney Homes, LLC, applicants [2022-425]" set the public hearing date. Notice of said public hearing was published in the November 22, 2022 edition of the Murfreesboro Post. Mayor McFarland declared the public hearing open and invited those who wished to speak for or against the proposed rezoning to step forward to the lectern. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 11c. Ordinance 22-02-45 (1" Reading). The ordinance titled "ORDINANCE 22-02-45 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 1.6 acres along Veterans Parkway as Commercial Highway (CH) District, simultaneous with annexation, to zone approximately 5. 7 acres as Planned Residential Development (PRD) District (The Villas at Veterans PRD), simultaneous with annexation, and to amend the existing Villas at Veterans PRD zoning on 7 .1 City Council Meeting Minutes December 8, 2022, 6:00 pm Page 7 of 11 acres located along Franklin Road; Harney Homes, LLC, applicant [2022-425]" was offered for passage on its first reading. Mr. Maxwell made a motion to approve Ordinance 22-OZ-45. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Ordinance 12. Ordinance 22-0-46 (1" Reading). Budget Director Erin Tucker presented a Council Communication to amend the City's FY23 budget. The ordinance titled, "ORDINANCE 22-0-46 amending the 2022-2023 Budget (4th Amendment)" was offered for passage on its first reading. Ms. Scales Harris made a motion to approve Ordinance 22-0-46. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Shawn Wright, Mayor Shane McFarland Nay: None Absent: Kirt Wade Resolution 13. Resolution 22-R-27. Dr. Trey Duke, Director of City Schools, presented a Council Communication regarding FY2023 City Schools Budget Amendment #4, Project Diabetes Initiative Services Grant. The resolution titled, "RESOLUTION 22-R-27 amending the 2022-2023 Murfreesboro City Schools Budget (4th Amendment)" was offered for passage on its first and only reading. Ms. Scales Harris made a motion to approve Resolution 22-R-27. Mr. Wright seconded the motion. Upon roll call, said resolution was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Absent: Kirt Wade On Motion 14. Closing Documents for the Sale of Property to Notes Live. Craig Tindall, City Manager, presented a Council Communication regarding closing for sale of 20.131 acres along Medical Center Parkway to Sunset on the Stones River, LLC (assignee of Notes Live, Inc.} for development of Bourbon City Council Meeting Minutes December 8, 2022, 6:00 pm Page 8 of 11 Brothers venues. Mr. Tindall requested Council approve the sale and authorize the Mayor and City Manager to complete the closing. Ms. Averwater asked if the language connecting Section 6.4 of the Development Agreement would be included in the Promissory Note. Bob Mudd of Notes Live, Inc. replied that they would conform the Promissory Note to the wishes of the Council. Ms. Scales Harris made a motion to approve the sale and authorize closing. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 15. Bradyville Pike Reconstruction - Addendum No. 2 to Design Contract. Jim Kerr, Transportation Director, presented a Council Communication and requested Council approve Addendum No. 2 to the Agreement with Neel Schaffer, Inc. for engineering work on Bradyville Pike reconstruction in the amount of $17,493. Mr. Wright made a motion to approve the addendum. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 16. Bradyville Pike (SR-99) Widening Project-Amendment No. 2 to Design Contract. Jim Kerr, Transportation Director, presented a Council Communication and requested Council approve Amendment No. 4 to Agreement No. 110354 with TOOT for the Bradyville Pike (SR-99) widening project in the amount of $24,855. Mr. Maxwell made a motion to approve the amendment. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 17. Agreement with S&W Contracting for Traffic Signal/Electrical Maintenance. Jim Kerr, Transportation Director, presented a Council Communication and requested Council approve a contract with S&W Contracting, Inc. for traffic signal and electrical maintenance in the amount of $383,050, subject to Legal Department final review. City Council Meeting Minutes December 8, 2022, 6:00 pm Page 9 of 11  Ms. Scales Harris made a motion to approve the agreement, subject to Legal Department review. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments 18. Appointment of the Committee on Contributions for the Board of Trustees of the Community Investment Trust. Mayor McFarland submitted and Craig Tindall, City Manager, presented a Council Communication proposal to appoint applicants to the Committee on Contributions for the Board of Trustees of the Community Investment Trust was presented to Council. At the regular City Council meeting on 12/1/2022, a committee member number had been set at seven (7), however, the selection of applicants to serve was deferred to this meeting. The additional starting term of four (4) years was added to comply with the stipulation of no more than one-third (1 /3) of the committee transitioning any given year. Council members recommended the following applicants: Member Torm John A Hinkle, Jr. 4 years, expiring 12/8/2026 Lynn Lien 3 years, expiring 12/8/2025 Lyle Lynch 3 years, expiring 12/8/2025 Wade Hays 2 years, expiring 12/8/2024 Ronnie Martin 2 years, expiring 12/8/2024 Collier Andress Smith 1 year, expiring 12/8/2023 Carl D. Montgomery 1 year, expiring 12/8/2023 Ms. Scales Harris made a motion to appoint the applicants to serve on the Committee on Contributions for the Board of Trustees. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Licensing Beer Permits. Jennifer Brown, City Recorder/Finance Department, presented a Special Event Beer Permit for approval for Endura Athletics to hold a fundraiser at 116 North Walnut Street on 12/31/2022. Ms. Averwater made a motion to approve the Special Event Beer Permit for Endura Athletics. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: City Council Meeting Minutes December 8, 2022, 6:00 pm Page 10 of 11  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Payment of Statements No payment of statements was presented. Other Business Tennis Professional Contract. Mr. Maxwell reported that the Tennis Committee met for the first time and made a motion to extend the Tennis Professional's Contract until June 30, 2023. Mr. Wright seconded the motion. Upon roll call, the Contract Extension was passed by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None The following items were general announcements, not on the published agenda. Vice Mayor Shackett reminded everyone that Sunday at 2:00 pm was the Christmas parade. City Manager Craig Tindall confirmed the next Council meeting would be the workshop on December 14, 2022. Ms. Scales Harris confirmed part-time employees would receive a Christmas gift. Ms. Brown confirmed it would be in the next paycheck. Ms. Scales Harris and Council wished everyone a safe, blessed, and happy Christmas. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 8:14 pm. SHANE MCFARLAND MAYOR ATTEST: f!k, ~ cz, --- TUCKER CITY RECORDER APPROVED BY COUNCIL: Oc.¾'oeJ 3, ;;te£14- City Council Meeting Minutes December 8, 2022, 6:00 pm Page 11 of 11