City Council

City of Murfreesboro City Council- Regular Session Thursday, October 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, October 19, 2023. Council Members Present Mayor Shane McFarland - Presiding Madelyn Scales Harris Bill Shacklett Kirt Wade Shawn Wright Jami Averwater and Austin Maxwell were absent and excused from this meeting. City Representatives Present Craig Tindall, City Manager Adam Tucker, City Attorney Jennifer Brown, City Recorder/ Finance Director Rhonda Darnell, Human Resources Assistant Director Matthew Blomeley, Assistant Planning Director Dr. Trey Duke, Director of C~ty Schools Robert Holtz, Community Development Director Kyle Lingo, Fleet Services Assistant Director Tracy Brown, Streets Assistant Director Darren Gore, Assistant City Manager/ Water Resources Director Michael Bowen, Chief of Police Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Mr. Wade commenced the meeting with a prayer followed by the Pledge of Allegiance. Ceremonial Items STARS Award for September 2023. Rhonda Darnell, Human Resources Assistant Director, presented the STARS Award for September 2023 to Richard Johnson a Water Resource Operator in the Water Resources Department. _Mr. Johnson responded to a person in need when a vehicle caught fire on the side of the road. He exited his truck and used a fire extinguisher to put out the fire, preventing injury and further damage. The STARS award purpose is to reward and recognize City employees that go above and beyond the call of duty. Public Comment on Actionable Agenda Items City Council Meeting Minutes October 19, 2023, 6:00 pm Page 1 of 11  No one registered to speak during Public Comment on Actionable Agenda Items. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: +., PILOT P, ogran, for ~1tlrfreesboro I lotJsing AtJthority (Adn,inistratio,,) 2. Town Creel< Supplemental Agreement (Administration} 5-:- Affordable t lo1:1sing Program - Legacy Pointe (Comn 11:1nity De·aelop1,,ent) 4. Retail Liquor Certificate of Compliance - The Wine Cellar - Ownership Change (Finance) 5. Mandatory Referral for Abandonment of a Portion of a Drainage Easement along Herring Crossing (Planning) 6. Concrete and Asphalt Purchase Report (Street} 7. Contract with TDOT for FY24 Operating Assistance (Transportation) Ms. Scales Harris requested Agenda Items 1 and 3 be removed from the Consent Agenda and considered at the end of the agenda in On Motion items for further discussion. Mr. Wade made a motion to approve the Consent Agenda, as amended. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Minutes 8. Minutes of City Council Meeting, October 12, 2022 (Finance}. Jennifer Brown, City Recorder/ Finance Director presented a Council Communication regarding approval of City Council meeting minutes for October 12, 2022. The meeting minutes were not read aloud but were presented for approval as part of the agenda packet. Mr. Wade made a motion to approve the minutes. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Old Business Land Use Matters 9. Sewer Allocation Variance - Old Fort Parkway - Dutch Bros. Coffee (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regarding a proposed development request for additional density above the sewer allocation ordinance's zoning allowance for a new Dutch Bros. Coffee Shop to be located at the northeast corner of the intersection of the Old Fort Parkway frontage road and Market Place. The presented approval detailed a variance request allowing higher single-family unit equivalent density City Council Meeting Minutes October 19, 2023, 6:00 pm Page 2 of 11  (stu) by approximately 6.5 sfu's forthe p roposed Dutch Bros. Coffee. A study is ongoing with Kimley- Horn and TDOT. This variance was deterred at the August 17, 2023 City Council meeting due to concerns about the development's traffic impact. Mr. Blomeley explained how staff has worked with the applicant to address Council's traffic concerns. The applicant requested the matter be brought again before Council for consideration. Mr. Blomeley indicated that there is an ongoing traffic study being done by Kimley Horn in conjunction with TOOT and the City's Infrastructure Department t hat should be completed in the beginning of 2024. Brick Murfree, representing the applicant, was available for questions. Mr. Murfree was acknowledged by Mayor McFarland and requested the matter be deferred until the next Council meeting when the engineer from RaganSmith would be available. Discussion ensued regarding traffic impacts and the traffic study. Mr. Wright made a motion to defer the sewer allocation variance. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Land Use Matters 10. Zoning amendment and rezoning for property along Medical Center Parkway and Robert Rose Drive (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regarding the zoning amendment and rezoning of approximately 13.8 acres located along Medical Center Parkway, Robert Rose Drive, and Maplegrove Drive. The public hearing resolution titled, "RESOLUTION 23-R-PH-41 fixing the t ime 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 approximately 11.4 acres in the Planned Unit Development (PUD) District (TDK Corporate Headquarters / Vintage "Mixed Use" PUD) located along Medical Center Parkway, Robert Rose Drive and Maplegrove Drive and to rezone approximately 2.4 acres from Commercial Highway (CH) District and Gateway Design Overlay One (GDO-1} District to Planned Unit bevelopment (PUD} District and Gateway Design Overlay One (GDO-1} District as indicated on the attached map, TDK Construction, applicant (2023-413]" was adopted by City Council on September 21, 2023 and set the public hearing date. Notice of public hearing was published in the Murfreesboro Post on October 3, 2023. City Council Meeting Minut es October 19, 2023, 6:00 pm Page 3 of 11  Mr. Blomeley stated that a public hearing was required on the matter. Mr. Blomeley introduced Rob Molchan from Sl;:C and turned the floor over to him. Mr. Grover presented a PowerPoint detailing information about the zoning amendment and rezoning request including slides on existing and proposed master plan, phasing plan, comparison chart, lot 1 - mixed used, lot 2 - office building, lot 3 - commercial. pedestrian and transportation plans and requested exceptions. 10a. Public Hearing for Zoning Amendment and Rezoning of 13.8 acres. Mayor McFarland initiated a public hearing, welcoming comments on the zoning amendment and rezoning and provided instructions for those wishing to speak. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. 10b. Ordinance 23-0Z-41 (First Reading). The ordinance titled, "ORDINANCE 23-OZ-41 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 to approximately 11.4 acres in the Planned Unit Development (PUD) District (TDK Corporate Headquarters I Vintage "Mixed Use" PUD) located along Medical Center Parkway, Robert Rose Drive and Maplegrove Drive and to rezone approximately 2.4 acres from Commercial Highway (CH) District and Gateway Design Overlay One (GDO-1) District to Planned Unit Development (PUD) District and Gateway Design Overlay One (GDO-1) District as indicated on t he attached map, TDK Construction, applicant [2023-413]" was offered for passage on its first reading. Mr. Wade made a motion to approve Ordinance 23-OZ-41 on first reading. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 11. Amending the PND zoning for property along Manson Pike (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regarding amending the PND zoning of approximately 8.23 acres located along the north side of Manson Pike southeast of 1-840. The public hearing resolution titled , "RESOLUTION 23-R-PH-42 f ixing the time for holding a Public Hearing with respect to t he 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 approximately 8.23 acres in the Planned Institutional Unit Development (PND) District (Rutherford City Council Meeting Minutes October 19, 2023, 6:00 pm Page 4 of 11  Collegiate Prep PND) located along Manson Pike, as indicated on the attached map, Ryan Companies US, Inc., applicant [2023-410]" was adopted by City Council on September 21 , 2023 and set the public hearing date. Notice of public hearing was published in t he Murfreesboro Post on October 3, 2023. 11a. Public Hearing for Amending the Zoning of 8.23 acres. Mayor McFarland initiated a public hearing, welcoming comments on amending t he PND zoning and provided instructions for those wishing to speak. Despite sufficient time for input, no attendees expressed a desire to spea k on the matter. Consequently, Mayor McFarland concluded the public hearing. 11b. Ordinance 23-0Z-42 (First Reading). The ordinance t itled, "ORDINANCE 23-OZ-42 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Ten nessee, as heretofore amended and as now in force and effect, to amend the conditions applicable t o approximately 8.23 acres in the Planned Institutional Unit Development (PND) District (Rutherford Collegiate Prep PND) located along Manson Pike, as indicated on the attached map, Ryan Companies US, Inc., applicant [2023-41 OJ" was offered for passage on its first reading. Mr. Wright made a motion to approve Ordinance 23-OZ-42 on first reading. Mr. Wade seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 12. Rezoning Property Along Medical Center Parkway (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regardi ng the rezoning of approximately 12.0 acres located along Medical Center Parkway west of Maplegrove Drive. The public hearing resolution titled, "RESOLUTION 23-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 12.0 acres along Medical Center Parkway from Com mercial Highway (CH) District and Gateway Design Overlay One (GDO-1 ) District to Planned Commercial Development (PCD) District and Gateway Design Overlay One (GDO-1 ) District (The Avenue of Murfreesboro PCD); Big V Property Group, applicant [2023-409]" was adopted by City Council on September 21, 2023 and set the public hearing date. Notice of public hearing was published on October 3, 2023, in t he Murfreesboro Post. City Council Meeting Minutes October 19, 2023, 6:00 pm Page 5 of 11  Mr. Blomeley stated that a public hearing was required on the matter. Mr. Blomeley introduced Matt Taylor from SEC and turned the floor over to him prior to the public hearing. Mr. Taylor presented a PowerPoint detailing information about the rezoning request including slides regarding an oveNiew, the plan, typical outparcel blow-up, and requested exceptions. 12a. Public Hearing for Rezoning 12.0 acres. Mayor McFarland initiated a public hearing, welcoming comments on the rezoning and provided instructions for those wishing to speak. Despite sufficient time for input, no attendees expressed a desire to speak on the matter. Consequent ly, Mayor McFarland concluded the public hearing. 12b. Ordinance 23-02-43 (First Reading). The ordinance titled, "ORDINANCE 23-OZ-43 amending the Zon ing Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 12.0 acres along Medical Center Parkway from Commercial Highway (CH} District and Gateway Design Overlay One (GDO-1} District to Planned Commercial Development (PCD) District and Gateway Design Overlay One (GDO-1) District (The Avenue of Murfreesboro PCD); Big V Property Group, applicant [2023-409)" was offered for passage on its first reading. Mr. Wade made a motion to approve Ordinance 23-OZ-43 on first reading. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 13. Planning Commission Recommendations (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regard ing the following items recommended for approval by the Planning Commission on October 11, 2023: a. Annexation petition and plan of seNices [2023-504] for approximately 32.43 acres located along New Salem Highway and Barfield Road, including 520 linear feet of Barfield Road right-of-way, World Outreach Church of Murfreesboro Tennessee, Inc. applicant. b. Zoning application [2023-412] to amend the existing PUD zoning (Hidden River Estates PUD) on 121 acres located along Cason Trail and Racquet Club Drive, Hidden River Holding Company, LLC developer. Mr. Blomeley stated that public hearings were required and requested Council set the public hearings for November 30, 2023. Mr. Wright made a motion to set the public hearings for November 30, 2023. Mr. Wade seconded the motion. Upon roll call, the motion passed by the following vote: City Council Meet ing Minutes October 19, 2023, 6:00 pm Page 6 of 11  Aye: Madelyn Scales Harris. Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFa rland Nay: None Ordinance and Resolution 14. Ordinance 23-0-31 Modifying City Code §21-23(C) and 21-71 (First Reading) (Administration). Craig Tindall, City Manager, presented a Council Communication and ordina nce titled, "ORDINANCE 23-0-31 amending Murfreesboro City Code, Chapter 21 , Offenses and Miscellaneous Provisions, Article I, Section 21-23 and Article Ill, Section 21-71 , regarding t he definition of sexual conduct" and offered for passage on its first reading. Mr. Wright made a motion to approve Ordinance 23-0-31 on first reading. Mr. Wade seconded the motion. Upon roll call the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarla nd Nay: None 15. Resolution 23-R-30 Schools FY24 Budget Amendment# 3 (Schools). Dr. Trey Duke, Director of City Schools, presented a Council Communication and documents regard ing budget amendment number 3 to the FY24 General Purpose Schools, School Federal Projects, Nutrition and ESP funds. The resolution titled, "RESOLUTION 23-R-30 amending the Fiscal Year 2024 (hereafter "FY2024") Murfreesboro City Schools Budget (3rd Amendment)" was offered for passage on its first and only reading. Ms. Scales Harris made a motion to approve Resolut ion 23-R-30. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None On Motion 16. Housing Rehabilitation - 111 o Wingate (Community Development). Robert Holtz, Community Development Director, presented a Council Communication and documents regarding a proposal to rehabilitate the residence at 1110 Wingate Street and enter int o a contract with New Creations Constru ction, LLC, the low bidder. The expense of $130,100 w ill be fully funded by the Community Development Block Grant. Mr. Wright made a motion to approve the expenditure and contract. Mr. Wade seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright , Shane McFarland Nay: None City Council Meeting Minutes October 19, 2023, 6:00 pm Page 7 of 11  17. Purchase of Service Truck (Fleet Services). Kyle Lingo, Fleet Services Assistant Director, presented a Council Communication and documents regarding a contract to purchase a 2023 Chevrolet Silverado Work Truck from Wilson County Motors, LLC. The cost of $125,104 will be funded from the Other Capital Sou·rces Fund. Ms. Scales Harris made a motion to approve the purchase and contract with Wilson County Motors, LLC. Vice Mayor Shacklett seconded the motion. Upon roll ca ll, the motion passed by t he following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 18. Amendment 3 to Motorola Radio System Maintenance Agreement (Police). Michael Bowen, Chief of Police, presented a Council Communication and documents requesting approval of Amendment 3 to Motorola SUA Maintenance Pu rchase Agreement with Motorola Services, Inc. for NICE Gold Maintenance and SUA upgrade services. This amendment will add servicing of radio system equipment with expired warranties at a total cost of $656,402 to the original ten-year contract, of which $105,119 will be funded from the FY24 Operating Budget. Ms. Scales Harris made a motion to approve Amendment 3 to the Motorola Services, Inc. contract. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 19. Purchase of Police Vehicles from Alan Jay Automotive (Police). Michael Bowen, Chief of Police, presented a Council Communication and documents requesting the purchase of two new unmarked police vehicles through a contract with Alan Jay Automotive Management, Inc. The cost of $98,248 will be funded by the Drug Fund. Mr. Wright made a motion to approve the purchase and contract with Alan Jay Automotive Management, Inc. Ms. Scales Harris seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 20. VirTra, Inc. Subscription Training and Equipment Partnership Agreement (Police). Michael Bowen, Chief of Police, presented a Council Communication and documents requesting approval of an agreement with VirTra, Inc. for subscription training and equipment maintenance. City Council Meeting Minutes October 19, 2023, 6:00 pm Page 8 of 11  This agreement would provide hardware and software updates and necessary upgrades including installation, continued maintenance and sup port and training for a three-yea r period for t he VirTra 300 Simulator. A one-time expense of $11,770 and the first annual payment of $63,538 will be provided for by DA21 funds. Future annual expenses of $63,538 will be budgeted accordingly in t he Police Department's operating budget. Mr. Wade made a motion to approve the agreement with VirTra, Inc. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 21 . Purchase of Public Works Vehicle (Streets). Tracy Brown, Streets Assistant Director, presented a Council Communication and documents requesting purchase of three 2024 GMC 2500 HG trucks, contract approval with Wilson County Motors, LLC for the purchase and reallocation of Street Department CIP funds. These vehicles will serve as replacement trucks for high mileage trucks currently in the fleet. The expense of $138,000 will be funded by the FY21 & FY22 CIP budget, including a reallocation of $38,000 in CIP funds from the Street Paving Mach ine line item. Ms. Scales Harris made a motion to approve the purchase and contract w ith Wilson County Motors, LLC and reallocation of Street Department CIP funds. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scates Harris, Bill Shacklett, Kirt Wade, Shawn Wright , Shane McFarland Nay: None Moved from Consent Agenda Item 1. PILOT Program for Murfreesboro Housing Authority (Administration). Craig Tindall, City Manager, presented a Council Communication regarding a PILOT Program regarding payments in lieu of taxes for Murfreesboro Housing Authority. A proposal to approve a Cooperation Agreement Governing Payments In Lieu of Taxes for Murfreesboro Housing Authority Low Income Housing Tax Credit Sites Completed after January 1, 2024, was presented to Council for review and approval. Discussion ensued. Mr. Wade made a motion to approve the Cooperation Agree ment with Murfreesboro Housing Authority. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: Madelyn Scales Harris City Council Meet ing Minutes October 19, 2023, 6:00 pm Page 9 of 11  Moved from Consent Agenda Item 3. Affordable Housing Program - Legacy Pointe (Community Development). Robert Holtz, Community Development Director, presented a Council Communication requesting approval of an expenditure from Community Development Block Grant (CDBG) funds for the City's Affordable Housing Assistance Program. The program plans t o provide $10,000 each to the purchasers of two new homes (2822 Humanity Trail and 2826 Humanity Trail, constructed in Legacy Pointe) for downpayment assista nce. Mr. Holtz explained the program and discussion ensued. The expenditure of $20,000 would be fully funded by CDBG funds allocated to the City's Affordable Housing Assistance Program. Mr. Wade made a motion to approve the expenditure from CDBG funds for down payment assistance. Mr. Wright seconded the motion. Upon roll call the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments No board and commission appointments were presented . Licensing 22. Beer Permits (Finance). Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication regarding Regular and Special Event Beer Permits. The follow ing were offered for approval: Regular Beer Permits • Mapco #3344, 1415 Memorial Boulevard (ownership change, convenience store/gas) • Mapco #3654, 3392 Memorial Boulevard (ownership change, convenience store/gas) • Mapco #3162, 1251 South Church Street (ownership change, convenience store/gas) • Mapco #3407, 1320 Memorial Boulevard (ownership change, convenience store/gas) • Mapco #3312, 2430 South Church Street (ownership change, convenience store/gas) Special Event Beer Permit • Rutherford County Chamber of Commerce, November 14, 2023, for a Networking Event at 1809 Memorial Boulevard. Applicants met requirements for the Beer Permits and w ere 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. Wade made a motion to approve the Beer Permits. Mr. Wright seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None City Council Meeting Minutes October 19, 2023, 6:00 pm Page 10 of 11 Payment of Statements Jennifer Brown, City Recorder/Finance Director, stated that there were two statements to consider. The first is an invoice from SRVH Law for $59,608.19to be paid from the General Fund Legal FY24 Operating Budget. The City Attorney emailed Council regarding this invoice. The second is a payable to Jack Gritton Client Trust for $1,400,000 to be paid from the 2021 CIP. This payable also includes approval of a CIP reallocation from land acquisition/contingency to the South Church/Broad line item in the 2021 bond. The CIP funds reallocation request form is attached with the statement presented to Council. The Deputy City Attorney emailed Council regarding this payable several weeks ago. Ms. Brown advised if there were any questions, the Council would need to go into executive session to have those questions answered. Mr. Wade made a motion to approve the Payment of Statements. Vice Mayor Shacklett seconded the motion. Upon roll call, the motion passed by the following vote: Aye: Madelyn Scales Harris, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Other Business Craig Tindall, City Manager, announced that the next Council meeting would be Thursday, November 2, 2023. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 7:03 p.m. ~~ S~NE MCFARLAND MAYOR ATTEST: UCKER --= CITY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BY COUNCIL, \e.\:. 'l\b.":j \3 ,dbolS City Council Meeting Minutes October 19, 2023, 6:00 pm Page 11 of 11