City Council

City of Murfreesboro City Council- Regular Session Thursday, January 19, 2023, at 6:00 pm City Council Chambers T E N N E S S E E 111 West Vine Street Murfreesboro, Tennessee MINUTES The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its regular meeting place in the Council Chambers at City Hall at 6:00 p.m. on Thursday, January 19, 2023. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Shawn Wright Kirt Wade was absent and excused from this meeting. City Representatives Present Craig Tindall, City Manager Darren Gore, Assistant City Manager/ Water Resources Director Sam Huddleston, Assistant City Manager Adam Tucker, City Attorney Jennifer Brown, City Recorder/ Finance Director Randolph Wilkerson , Employee Services Director Teresa Stevens, Sign Administrator Matthew Blomeley, Assistant Planning Director Brad Barbee, Planner Russell Gossett, Solid Waste Director Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor Shane McFarland called the meeting to order and commenced the meeting with a prayer followed by the Pledge of Allegiance. Ceremonial Items STARS Award for December 2022. Randolph Wilkerson, Employee Services Director, presented the STARS Award for the month of December upon Marlene Belcher, Transit Operator of the Transportation Department. The STARS award purpose is to recognize City employees that go above and beyond the call of duty. Ms. Belcher saw a young child walking down the street on South Church alone. She stopped and spoke with the child and notified police. The child was missing and was quickly returned to their family. Ms. Belcher is a prime example that it is not the title that makes a leader, but the actions of someone who makes a leader. City Council Meeting Minutes January 19, 2023, 6:00 pm Page 1 of 11  Announcement of New Assistant City Manager. Mayor McFarland asked Craig Tindall, City Manager, to announce the replacement of recently retired Assistant City Manager, Gary Whitaker. Mr. Tindall announced Sam Huddleston had been promoted from Executive Director of Community Development to Assistant City Manager. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. Affordable Housing Program - Legacy Pointe Development (Community Development) 2. Asphalt and Concrete Purchase Report (Street) 3. Mandatory Referral for Dedication of an Electric Easement west of Bessie Road (Planning) 4. Mandatory Referral for Abandonment of Drainage and Sanitary Sewer Easements along Medical Center Parkway (Planning) 5. Mandatory Referral for Abandonment of Sanitary Sewer and Water Line Easements along Medical Center Parkway (Planning) Mr. Wright made a motion to approve the Consent Agenda. 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, Shawn Wright, Bill Shacklett, Shane McFarland Nay: None Old Business Land Use Matters 6. Ordinance 22-OZ-18 (2nd and Final reading). The ordinance titled "ORDINANCE 22-OZ- 18 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 68 acres along Highway 99 south of Clearidge Drive as Planned Residential Development (PRD) District, simultaneous with annexation; Patterson Company, applicant [2022-401]" which was offered for public hearing and passed its first reading on September 22, 2022, was offered for passage on its second and final reading. Mr. Maxwell made a motion to defer Ordinance 22-OZ-18 until the section of roadway is annexed. Ms. Scales Harris seconded the motion. Upon roll call, the ordinance was deferred on second reading by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell, Shawn Wright, Bill Shacklett, Shane McFarland Nay: Jami Averwater City Council Meeting Minutes January 19, 2023, 6:00 pm Page 2 of 11 New Business Land Use Matters 7a. Amending the Sign Ordinance Public Hearing. Teresa Stevens, Sign Administrator, presented a Council Communication requesting approval to amend the Sign Ordinance electronic changeable graphic display signs. The Planning Commission recommended its approval during their regular meeting on December 7, 2022. Ms. Stevens stated that a public hearing was required on the matter. Mayor McFarland initiated the public hearing, welcoming comments on the Amendment to the sign ordinance. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 7b. Ordinance 22-0-47 (First Reading). The ordinance titled "ORDINANCE 22-0-47 amending Murfreesboro City Code, Chapter 25.2 Signs, Section 25.2-26, for the purpose of allowing certain, electronic changeable graphic display signs, City of Murfreesboro Development Services Division, applicant [2022-806]" was offered for passage on its first reading. Mr. Maxwell made a motion to approve Ordinance 22-0-47. 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, Shane Mc Farland Nay: None Sa. Rezoning property along Memorial Boulevard and Haynes Haven Lane Public Hearing (Public Hearing set by Resolution 22-R-PH-48). Matthew Blomeley, Assistant Planning Director, presented a Council Communication regarding rezoning of approximately 22 acres located at the northwest corner of Memorial Boulevard and Haynes Haven Lane to Planned Unit Development (PUD) District. The Planning Commission approved the rezoning during their regular meeting on December 7, 2022. Clyde Roundtree, Huddleston-Steele Engineering, and Keaton Pettit, Chief Architect for Johnson and Bailey Architects P.C., presented a PowerPoint presentation and information regarding the development site plans for the AdamsPlace, LLC expansion. Resolution 22-R-PH-48, adopted by City Council on December 14, 2022, titled, "RESOLUTION 22-R-PH-48 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 City Council Meeting Minutes January 19, 2023, 6:00 pm Page 3 of 11 to consider a proposed amendment of approximately 22 acres located at 1925 and 1927 Memorial Boulevard to rezone approximately 5.4 acres from Single-Family Residential Fifteen (RS-15) District to Planned Unit Development (PUD) District and to amend approximately 16.6 acres of the existing Adams Place PUD; AdamsPlace, LLC, applicant, [2022-420]", set the public hearing date. Notice of said public hearing was published in the January 3, 2023 edition of the Murfreesboro Post. Council members asked questions about the proposal. Mayor McFarland initiated the public hearing and invited those present wishing to speak to come to the podium. The following individuals addressed the Council during the public hearing: 1. June Mccash, Adam's Place resident, spoke against the rezoning. She stated that the proposed development was a change from the original plan and brings security and traffic concerns. 2. Faye Johnson, Adam's Place resident, spoke against the rezoning. She stated the existing 1994 plan would be violated by this rezoning. 3. Jeannine Scripp, Adam's Place resident, spoke against the rezoning. She was concerned about the disturbance new construction will bring to the community. 4. Dennis Martin, Adam's Place resident, spoke against the rezoning. He was concerned that the additional construction would reduce the ability of the area to drain well during heavy rain. 5. Irene Felicione, Adam's Place resident, spoke against the rezoning. She was concerned about added noise and traffic in the community. 6. Mary Edith Martin McFarland, Adam's Place resident, spoke against the rezoning. She was concerned about losing 20% of the trees in the green space. 7. Charlotte Gardener, Adam's Place resident, spoke against the rezoning. She did not see the new project being in line with the stated purpose of the existing zoning and did not know why the 1994 plan has not been developed. 8. Bill Bickford, Adam's Place resident, spoke against the rezoning. He asked the Council to consider revisiting the 1994 plan. 9. Amos Felicione, Adam's Place resident, spoke against the rezoning. He stated that the 1994 plan has never been followed through to development and felt that the new development would ruin the existing community and atmosphere currently in place. 1o. Larry Castelli, Adam's Place resident, spoke against the rezoning. He was concerned that the current retirement community would be changed to something else. City Council Meeting Minutes January 19, 2023, 6:00 pm Page 4 of 11  11. Margaret Ordoubadian, Adam's Place resident, spoke against the rezoning. She was concerned about how much the campus would change with the new project, the loss of green space and the higher density of people. 12. Bonita Bowman, 123 Love Court, spoke against the rezoning. She was concerned that the increased housing units would increase traffic. 13. Pauline Hartiman, 501 Freedom Court, spoke against the rezoning. She was concerned about the property values in the area with the new development. 14. Mark Wood,107 Haynes Haven Lane, spoke against the rezoning. He presented several pictures of how heavy rain impacted the current property. 15. Gail Hendricks, 103 Haynes Haven Lane, spoke against the rezoning. She was concerned about how the view will change on Haynes Haven Lane and the loss of green space. 16. Cynthia Allen, 206 Peacock Avenue, spoke against the rezoning. She was concerned about the existing drainage on the property and how much it would increase with additional construction. 17. Valarie Martin, 207 Peacock Avenue, spoke against the rezoning. She was concerned about the additional traffic, the loss of green space, and the loss of community for the current residents. 18. Denise Mann, 323 Haynes Haven Lane, spoke against the rezoning. She was concerned that the loss of green space would be a loss for the Adam's Place community. 19. Tina Martha Whitfield, 206 Haynes Haven Lane, spoke against the rezoning. She was concerned that the project did not consider the needs of current residents. 20. Carol Clark, 327 Haynes Haven Lane, spoke against the rezoning. She thought there should be balance between new development and the needs of current residents. 21. John Bickford, Adam's Place resident, spoke against the rezoning. He suggested Council members would be fighting this rezoning as hard as they were if this was their neighborhood. 22. Andy Clark, Vice President of Development with National Healthcare Corporation (NHC), began to speak support of the rezoning, but then asked Council if they preferred he speak after the public hearing had been closed. Mayor McFarland explained that he would like to close the public hearing and then hear from the development team. Despite sufficient time for input, no additional attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. City Council Meeting Minutes January 19, 2023, 6:00 pm Page 5 of 11  8b. Ordinance 22-02-48 (First Reading). The ordinance titled "ORDINANCE 22-OZ-48 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 zoning of approximately 22 acres located at 1925 and 1927 Memorial Boulevard to rezone approximately 5.4 acres from Single-Family Residential Fifteen (RS-15) District to Planned Unit Development (PUD) District and to amend the use of approximately 16.6 acres of the existing Adams Place PUD; AdamsPlace, LLC, applicant, [2022-420)" was offered for passage on first reading. At Mayor McFarland's request, the development team for the rezoning request addressed the Council as follows: 1. Andy Clark, Vice President of Development with National Healthcare Corporation (NHC), spoke regarding the proposed project's purpose. He explained the need for housing for a new demographics that was growing in demand. He stated their goal was to cause as little disturbance as possible to the current residents of Adam's Place and the neighborhood. He stated that they would address the storm water concerns during construction if there are any deficiencies and asked for Council support. 2. Buckley Winfree, Administrator at Adam's Place, explained that the existing living conditions in the community will be respected and introduced Terri Deal. 3. Terri Deal, Executive Director of Adam's Place, explained that the needs in the senior community continue to evolve. Adam's Place is attracting more people from out of the area and there are people who are looking for the kind of housing that is part of the proposed plan. She stated that she is required to look at the present and future in making decisions about what needs to be developed and feels that it will be a positive impact. She stated that there was already an interest list of 27 families for the proposed project. She stated that this project was an extension of the existing purpose of Adam's Place. Matthew Blomeley, Assistant Planning Director, was asked to speak regarding questions about setbacks and drainage. Mr. Blomeley stated that the property setback is 40 feet, and the building setback is 23 feet. Sam Huddleston, Assistant City Manager, spoke about the drainage issues. This area is part of a larger drainage system. Drainage from Memorial Boulevard can overflow into the Adam's Place property. The existing Storm Water Management Plan is in place, and Adam's Place is currently in compliance. Any plans must meet certain criteria in meeting storm water drainage concerns. City Council Meeting Minutes January 19, 2023, 6:00 pm Page 6 of 11  Mr. Maxwell asked Mr. Blomeley about page 105 in the agenda regarding a map about the capacity of future buildings. He stated that construction based on 1994 would preclude buildings proposed in 1997 from being built. Mr. Blomeley described what was proposed and what currently exists on the campus. Mr. Maxwell asked Mr. Clark why some phases of that project were not completed. Mr. Clark said that part of the plan was not moved forward as a business decision but there was capacity to build on the campus as it exists today. Mr. Wright asked if those additional buildings would be 65 plus residences. Mr. Clark confirmed that those from the 1994 plan would be 65 plus residences. Ms. Scales Harris was concerned about how this rezoning would be disruptive to the existing residents. She then stated that the job of Council was to protect the citizens. She sees too many issues with this development. Mr. Maxwell stated that Adam's Place was a special place and did not feel he could support the project as presented. Mr. Maxwell made a motion to deny the proposed rezoning. Mayor McFarland stated that other Council members may still have questions and discussion continued. Vice Mayor Shacklett asked about the existing waiting list. Ms. Deal answered that there were 36 people on the list for the current facility. Vice Mayor Shacklett asked Mr. Clark why they did not further develop the existing facility to add 90 additional units as originally planned. Mr. Clark responded that they considered many factors and decided to downgrade the density. Ms. Deal stated she also has an interest list of 27 families for the future development. It is meeting the needs of a different demographic. Vice Mayor Shacklett stated he still had concerns about a shifting business model. Josh McCreary, Senior Vice President and General Counsel for NHC, offered information on the age issue of residents. He stated that Adam's Place is an age targeted facility. The CCRC designation is purely for tax exempt status. He clarified the HUD regulations are being met with the new development. Michael Ussery, President & Chief Operating Officer NHC, stated that dealing with change is difficult but is necessary to meet rising demand for different senior living solutions. A mixed community is becoming more popular and needed. Their vision is to provide care to the full spectrum of seniors. Vice Mayor Shacklett stated that the current residents had a reasonable expectation to maintain the campus as-is and that this development would be excellent on a different property. City Council Meeting Minutes January 19, 2023, 6:00 pm Page 7 of 11  Mayor McFarland asked Mr. Rountree about the 1994 plan and how many units could be built on the current campus layout. Mr. Rountree stated that campus density would be much more compact with that development. Mayor McFarland is struggling with the townhomes on Haynes Haven and asked if they could reconsider the plan. He also stated that it is always a concern when government tries to tell business how to run their work. Mr. Wright stated that the age targeted plan is an issue versus the 65 plus age restricted. Mr. McCreary asked if they could defer the application so they could consider and Mayor McFarland stated that a motion was on the floor to deny the proposed rezoning, Ordinance 22-OZ-48, and would need to be seconded or set aside. Mr. Maxwell confirmed that he wanted to leave the motion on the floor. Ms. Scales Harris seconded the motion. Upon roll call, the motion to deny Ordinance 22-OZ-48 failed by the following vote: Aye: Madelyn Scales Harris, Austin Maxwell Nay: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Vice Mayor Shacklett made a motion to defer the proposed rezoning, Ordinance 22-OZ-48. Mr. Wright seconded the motion. Upon roll call, the motion to defer Ordinance 22-OZ-48 was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Shawn Wright, Shane McFarland Nay: Madelyn Scales Harris, Austin Maxwell Mayor McFarland broke for a five-minute recess at 8:28 p.m. and reconvened at 8:33 p.m. 9. Sewer Allocation Variance - Memorial Boulevard - Hy-Vee. Brad Barbee, Planner, presented a Council Communication regarding a Sewer Allocation Variance request for Hy-Vee grocery store at Memorial Boulevard and Haynes Drive for additional density above the sewer allocation ordinance's zoning allowance and requested Council approval. Mr. Maxwell made a motion to approve the sewer allocation variance. 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, Shawn Wright, Shane McFarland Nay: None 10. Planning Commission Recommendations. Matthew Blomeley, Assistant Planning Director, presented a Council Communication regarding the following items recommended for approval by the Planning Commission on January 11, 2023. City Council Meeting Minutes January 19, 2023, 6:00 pm Page 8 of 11  a. Zoning application [2022-426] for approximately 4.1 acres located east of Memorial Boulevard to be rezoned from RS-15 to PCD (Memorial Plaza PCD), B & N Patel applicant. b. Annexation petition and plan of services [2022-507] for approximately 0.81 acres located along South Church Street and Highfield Drive, Sam Willard, applicant. c. Zoning application [2022-428] for approximately 0.54 acre located along South Church Street and Highfield Drive to be zoned PCD (South Church Street Corner PCD) simultaneous with annexation, Salem Investment Partners applicant. d. Annexation petition and plan of services [2022-508] for approximately 22.3 acres located along Butler Drive, City of Murfreesboro Administration Department, applicant. e. Zoning application [2022-429] for approximately 22.3 acres located along Butler Drive to be zoned H-I simultaneous with annexation, City of Murfreesboro Administration Department, applicant. Mr. Blomeley stated that public hearings were required and requested Council set the public hearings for March 2, 2023. Mr. Wright made a motion to approve the planning commission recommendations, setting public hearings for March 2, 2023. 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, Shawn Wright, Shane McFarland Nay: None Resolution 11. Resolution 23-R-PH-01 Setting Public Hearing for Salem Highway and Barfield Road Sanitary Sewer Assessment District. Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication requesting Council schedule a public hearing on March 2, 2023, for the Salem Highway and Barfield Road Special Sanitary Sewer Assessment District (SSSAD). The resolution titled, RESOLUTION 23-R-PH-01 calling for a Public Hearing on the revision of a sanitary sewer special assessment district, known as the Salem Highway and Barfield Road Sanitary Sewer Special Assessment District" was offered for passage on its first and only reading. Mr. Wright made a motion to approve Resolution 23-R-PH-01. 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, Shawn Wright, Shane McFarland City Council Meeting Minutes January 19, 2023, 6:00 pm Page 9 of 11  Nay: None on Motion 12. Purchase of SCBAs for Two New Apparatus. Mark McCluskey, Fire Rescue Chief, presented a Council Communication and requested Council approve the purchase of twelve (12) Self-Contained Breathing Apparatus (SCBA) through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program and enter an agreement with G & W Diesel Services, Inc. dba Emergency Vehicle Specialists in the amount of $114,247. Ms. Scales Harris made a motion to approve the purchase agreement. 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, Shawn Wright, Shane McFarland Nay: None 13. Purchase of Roll-Out Garbage Carts. Russell Gossett, Solid Waste Director, presented a Council Communication and requested Council approve a purchase agreement with Rehrig Pacific Company through a Cooperative Purchasing Omnia Contract for 1,404 95-gallon roll- out garbage carts for new customers and replacement of damaged carts of existing customers in the amount of $93,610. Ms. Scales Harris made a motion to approve the purchase agreement. 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, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments No board and commission appointments were presented. Licensing Beer Permit. Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication regarding Beer Permits. One regular beer permit was presented for an ownership/name change located at 1722 E South Rutherford Boulevard. Applicant met requirements for the permit and was recommended for approval pending final building and codes inspections. Mr. Maxwell made a motion to approve the permit. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes January 19, 2023, 6:00 pm Page 10 of 11  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Shawn Wright, Shane McFarland Nay: None Payment of Statements No payment of statements was presented . Other Business Craig Tindall, City Manager, announced the next meeting would be February 2, 2023. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 8:41 p.m. SHANE MCFARLAND MAYOR ATTEST: TY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BY COUNCIL: 0:,-\J}OCf \7,;:J,Gd~ City Council Meeting Minutes January 19, 2023, 6:00 pm Page 11 of 11