City Council

City of Murfreesboro City Council- Regular Session Thursday, August 31, 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, August 31, 2023. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Austin Maxwell Bill Shacklett Kirt Wade Shawn Wright Madelyn Scales Harris was absent and excused from this meeting. City Representatives Present Craig Tindall, City Manager_ Adam Tucker, City Attorney Roman Hankins, Assistant City Attorney Jennifer Brown, City Recorder/ Finance Director Darren Gore, Assistant City Manager/ Water Resources Director Sam Huddleston, Assistant City Manager Russ Brashear, Transportation Assistant Director Matthew Blomeley, Assistant Planning Director Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Mr. Maxwell commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland announced Middle Tennessee Electric is investing 85 million dollars in the City of Murfreesboro to bring fiber to the community and are partnering with Murfreesboro Housing Authority to provide free internet services to individuals that qualify in low-income communities. Public Comment on Actionable Agenda Items Mayor McFarland stated Agenda Item 12, Resolution 23-R-28 Supporting Tax Increment Financing for Project Keystone-Broad Street Redevelopment Project would be moved to Item 14b, to be discussed after Item 14a Development Agreement and Purchase and Sale Agreement - Project Keystone-Broad Street Redevelopment Project is discussed and considered. City Council Meeting Minutes August 31 , 2023, 6:00 pm Page 1 of 8  Mayor McFarland acknowledged there were seven individuals registered to speak at public comment on actionable agenda items. Mayor McFarland provided instructions about the public comment session. The following individuals addressed Council: 1. Richard Baines, 1319 P.arkview Terrace, is opposed to Project Keystone - Broad Street Redevelopment Project pedestrian bridge. 2. Josh Reynolds, 734 Cherokee Court, spoke in favor of Project Keystone - Broad Street Redevelopment Project as a small business owner, property owner and citizen of Murfreesboro. 3. Tara MacDougal, 3819 Oakleaf Drive, spoke in favor of Project Keystone - Broad Street Redevelopment Project. Ms. MacDougal is president and CEO of Discovery Center and served on the Historic Bottoms Study group in 2016. She wants to see the neighborhood get even better and believes this project will accomplish this. 4. Sara Callender, representing Main Street Murfreesboro, spoke in favor of Project Keystone - Broad Street Redevelopment Project. Ms. Callender stated challenges downtown include lack of housing, maintaining historic preservation while developing the area, and adding more space for retail, hotels, residential, and office use in the downtown area. She believes the Keystone project will help overcome these challenges and submitted survey results of the Main Street Survey for the Council. The survey results agreed with her comments made to Council. 5. Michael Busey, owner of State Farm Downtown, 109 North Maple Street, spoke in favor of Project Keystone - Broad Street Redevelopment Project. Mr. Busey believes the increased walkability, more space for retail and restaurants, and additional housing and parking that is needed will be a good addition to downtown. 6. Doug Duross, owner of Marina's on the Square, spoke in favor of Project Keystone - Broad Street Redevelopment Project. Mr. Duross stated he has owned Marina's for over 25 years and that the Square has grown in the number of businesses and community visibility. He believes that the Keystone project is a continuation of what the Square has already done for the downtown area. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. Agreement for Intergovernmental Services (Administration) 2. Approval of Southern Lighting & Traffic Systems Contract (Fire Rescue) 3. NAFECO Contract Amendment (Fire Rescue) 4. Asphalt Purchases Report (Water Resources) City Council Meeting Minutes August 31, 2023, 6:00 pm Page 2 of 8  5. Grass Cutting & Landscaping Second Amendment (Water Resources) 6. Full-scale Biosolids Thermal Dryer Controls Design (Water Resources) 7. Magnolia Village Sewer Replacement Participation (Water Resources) Vice Mayor Shacklett made a motion to approve the Consent Agenda. Ms. Averwater seconded the motion. Upon roll ca_ll, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Old Business Land Use Matters 8. Ordinance 23-0-26 Amending the Zoning Ordinance - Building Height (Second and Final Reading) (Planning). The ordinance titled, "ORDINANCE 23-0-26 amending the Murfreesboro City Code, Appendix A, Zoning, Sections 25, 31 , Chart 2 and Chart 2 Endnotes, dea ling with the maximum height of certain structures" was offered for passage on its second and final reading. Mr. Wade made a motion to approve Ordinance 23-0-26 on second and final reading. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 9. Ordinance 23-0Z-28 Rezoning property along Veterans Parkway (Second and Final Reading) (Planning). The ordinance titled, "OR DINANCE 23-OZ-28 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 16.5 acres located along Veterans Parkway from Commercial Highway (CH) District to Planned Residential Development (PRD) District (approx. 12.8 acres) and Planned Commercial Development (PCD) District (approx. 3.7 acres); Cornerstone Development, LLC, applicant, [2023-407]" was offered for passage on its second and final reading. Mr. Maxwell made a motion to approve Ordinance 23-OZ-28 on second and final reading. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland City Council Meeting Minutes August 31, 2023, 6:00 pm Page 3 of 8  Nay: None 10. Ordinance 23-0Z-29 Rezoning property along East Vine Street (Second and Final Reading) (Planning). The ordinanc_e titled, "ORDINANCE 23-OZ-29 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 0.64 acres located along East Vine Street from Single- Family Residential Eight ( RS-8) District and City Core Overlay (CCO) District to Planned Residential Development (PRD) District(East Vine Manor PRD) and City Core Overlay (CCO) District; 520 Vine Street, LLC, applicant, (2023-406]" was offered for passage on its second and final reading. Mr. Maxwell made a motion to approve Ordinance 23-OZ-29 on second and final reading. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Resolution 11 . Resolution 23-R-27 Accompanying TDEC Permit for Qualified Biogas Property (Administration) Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication and PowerPoint Presentation requesting Council approve a resolution for permit application to construct a solid waste processing facility. The resolution titled, "RESOLUTION 23-R-27 providing approval under the Jackson Law for the construction of a qualified biogas property within the City of Murfreesboro" was offered for passage on its f irst and only reading. Mayor McFarland stated that there was a great deal of misinformation in the community on the WastAway project and encouraged citizens to research the information available online. Discussion ensued regarding the large amount of work that has gone into this process, including cooperation with Rutherford County. Ms. Averwater made a motion to approve Resolution 23-R-27. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 12. Resolution 23-R-28 Supporting Tax Increment Financing for Project Keystone- Broad Street Redevelopment Project (Administration). Moved to Agenda Item 14b. City Council Meeting Minutes August 31, 2023, 6:00 pm Page 4 of 8  on Motion 13. Non-Exclusive Public Right-of-Way License Agreement with Google Fiber Tennessee, LLC (Administration). Sam Huddleston, Assistant City Manager, presented a Council Communication requesting Council approval and authorization to execute a Non-Exclusive Public Right-of-Way License Agreement with Google Fiber Tennessee, LLC, to install a broadband internet infrastructure network in the public right-of-way. A license fee equaling two percent of Google Fiber's gross revenue from accounts within the City will create an additional revenue stream . Mr. Wright asked staff to address that when roads are patched due to the cutting into the road, that repairs are done to city standards. Adam Tucker, City Attorn ey, addressed Mr. Wright's comment by clarifying that legal staff worked on the agreement regarding repairs to ensure repairs would happen in a timely manner.. Mr. Wade made a motion to approve the agreement with Google Fiber Tennessee, LLC. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 14a. Development Agreement and Purchase and Sale Agreement - Project Keystone- Broad Street Redevelopment Project (Administration). Sam Huddleston, Assistant City Manager, presented a Council Communication and PowerPoint presentation requesting Council approve the Development Agreement and Purchase and Sale Agreement for Project Keystone- Broad Street Redevelopment Proj~ct with HRP Residential, LLC. The Project is expected to produce more than $531,000 in City property tax per year and will allocate $435,000 to the TIF. The City w ill receive $450,000 annually in estimated direct and ind irect revenue. Discussion ensued regarding the development, parking, tax incremental f inancing (TIF) funding and the mix of types of zoning. Mr. Wade made a motion to approve the agreement. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Kirt Wade, Shane McFarland Nay: Austin Maxwell, Shawn Wright 14b. (previously Agenda Item 12) Resolution 23-R-28: Supporting Tax Increment Financing for Project Keystone-Broad Street Redevelopment Project (Administration). Sam Huddleston, Assistant City Manager, presented a Council Communication and PowerPoint presentation requesting Council approve a resolution for the Economic Impact Plan for Project City Council Meieting Minutes August 31, 2023, 6:00 pm Page 5 of 8  Keystone-Broad Street Redevelopment. The resolution titled, "RESOLUTION 23-R-28 regarding Economic Impact Plan for Project Keystone Development Area"was offered for passage on its first and only reading. Mr. Wade made a motion to approve Resolution 23-R-28. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Bill Shacklett, Kirt Wade, Shane McFarland Nay: Austin Maxwell, Shawn Wright 15. Contract to Purchase Buses (Transportation). Russ Brashear, Transportation Assistant Director, presented a Council Communication requesting Council approve a contract with Mid-South Bus Center to purchase three transit buses. The total contract price is $423,579. Mr. Maxwell made a motion to approve the purchase and contract with Mid-South Bus Center. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 16. Polymer Contract Amendment (Water Resources). Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication requesting Council approve Contract amendment for the purchase of Zetag 8160 Polymer used at the Water Resource Recovery Facility (WRRF), from Solen is, LLC in the amount of $350,000. Ms. Averwater made a motion to approve the contract amendment. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 17. FY24 Sewer Rehabilitation Contract Approval (Water Resources). Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication requesting Council approve the construction agreement with SBW Constructors using the Alternate A bid pricing in the amount of $6,942,454, subject to Legal Department's approval of surety and insurance. Mr. Wade made a motion to approve the agreement. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes August 31, 2023, 6:00 pm Page 6 of 8  Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 18. Envirosight Rower X Sewer Inspection System (Water Resources). Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication requesting Council's approval for the purchase to replace Cobra Technologies' CCTV equipment which is no longer supported with Envirosight's Rower X basic mainline inspection system. This same line of equ ipment is being installed in two other CCTV vehicles. The purchase of Envirosight' s Mainline Inspection System from Sansom Equipment is $147,517. Mr. Maxwell made a motion to approve the purchase and contract. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 19. Crushed Stone Contract (Water Resources). Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication requesting Council award the crushed stone contract to low-est bidder, Blue Water Industries. The total is estimated conservatively at $151,725. Mr. Maxwell made a motion to approve the contract with Blue Water Industries. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments No board and commission appointments were presented. Licensing 20. Beer Permits (Finance). Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication regarding Regular Beer Permits and Special Event Beer Permits. The following were offered for approval: Three Regular Beer Permits for three new locations for a restau rant located at 1718 Memorial Boulevard, convenience store located at 3127 Medical Center Parkway, Suite B1, and a restaurant located at 1855 Medical Center Parkway, Suite H. One Special Event Beer Permit for Interfaith Dental Clinic of at 1500 Medical Center Parkway, Suite 4D on City Council Meeting Minutes August 31, 2023, 6:00 pm Page 7 of 8  October 26, 2023, was presented for approval. Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections for the regular beer permits and special event permit issuance for the special event beer permits. Mr. Maxwell made a motion to approve the permits. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Payment of Statements Jennifer Brown, City Recorder/Finance Director, stated there was one statement to consider. Mr. Maxwell made a motion to approve the payment of statements. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Other Business Mr. Maxwell stated he supports the will of the Council and provided information regarding a survey regarding Project Keystone - Broad Street Redevelopment Project. Mayor McFarland stated it is the first weekend of college football and good luck to Middle State Tennessee University playing against Alabama. Mr. Tindall advised Monday, September 4 , 2023, is a holiday and due to the short week Council will not meet but instead will meet the week after for a Workshop Session on September 14, 2023. The Regular Session on September 21, 2023 will include public comment. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 7:30 p.m. MAYOR ATTEST: ~ N TUCKER ~ --_a CITY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BY CDUNCILfuffia.% l ,d-..C0S Q City Council Meeting Minutes August 31 , 2023, 6:00 pm Page 8 of 8