City Council

City of Murfreesboro City Council- Regular Session Thursday, November 30, 2023, at 6:00 pm City Council Chambers T E N N ~ 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, November 30, 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 Erin Tucker, Budget Director Darren Gore, Assistant City'Manager/ Water Resources Director Matthew Blomeley, Assistant Planning Director Sam Huddleston, Assistant City Manager Brad Barbee, Planner Chad Gehrke, Airport Director Gabriel Moore, Project Engineer Russell Gossett, Solid Waste Director Michael Bowen, Chief of Police Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order and commenced the meeting with a prayer followed by the Pledge of Allegiance. Ceremonial Items Mayor McFarland stated there were no ceremonial it ems but announced that Middle Tennessee Christian School football team won their first State Championship about an hour ago. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. Mandatory Referral for Abandonment of a Right-of-Way Along Northwest Broad Street (Planning) City Council Meeting Minutes November 30, 2023, 6:00 pm Page 1 of 9  2. Transfer of Firearms to a Retiring or Separating Officer (Police) 3. O&M Vehicle Purchase Contract Amendment (Water Resources) 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, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Public Comment on Actionable Agenda Items Mr. Maxwell asked Mayor McFarland ifthere were any public comments on actionable agenda items. Mayor McFarland stated no one had signed up for public comment. Old Business Ordinance 4. Ordinance 23-0-34 FY24 Budget Amendment (Second and Final Reading) (Administration). The ordinance titled "ORDINANCE 23-0-34 amending the Fisca l Year 2024 (hereafter "FY2024") Budget (2nd Amendment)" which passed its first reading on November 9, 2023, was offered for passage on its second and final reading. Mr. Wade made a motion to approve Ordinance 23-0-34 on second and final reading. 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 New Business Land Use Matters 5. Plan of Services and Annexation for Property Along New Salem Highway and Barfield Road (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication regarding a Plan of Services and Annexation for approximately 32.43 acres located south side of New Salem Highway and a linear section of road on the Barfield Road right-of-way. There is no zoning request because when a property is zoned residential in Rutherford County and is annexed by the City, it automatically comes into the City with a RS-15 zon ing classification. Notice of public hearing was published on November 14, 2023 in the Murfreesboro Post. Mr. Blomeley stated that a public hearing was required on the matter. City Council Meeting Minutes November 30, 2023, 6:00 pm Page 2 of 9  Mr. Blomeley stated that Matt Taylor from SEC and John Harney, representative for the applicant, were present and available for questions the Council may have prior to the public hearing. There were no questions. 5a. Public Hearing for Plan_of Services and Annexation. Mayor McFarland init iated a public hearing, welcomed comments on the plan of services and annexation and provided instructions for those wishing to speak. Despite sufficient time for input, no attendees expressed a desire to speak. Consequently, Mayor McFarland concluded the public hearing. Sb. Resolution 23-R-PS-32 Plan of Services. The resolution titled, "RESOLUTION 23-R-PS- 32 to adopt a Plan of Services 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 or Murfreesboro Tennessee, Inc., applicant [2023-504]" was offered for passage on its first and only reading. Mr. Wright made a motion to approve Resolution 23-R-PS-32. 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 Sc. Resolution 23-R-A-32 Annexation. The resolution titled, "RESOLUTION 23-R-A-32 to annex approximately 32.43 acres located along New Salem Highway and Barfield Road (Tax Map 114, Parcel 00800), including 520 linear feet of Barfield Road right-of-way, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee, World Outreach Church or Murfreesboro Tennessee, Inc., applicant [2023-504)" was offered for passage on its first and on ly reading. Mr. Wright made a motion to approve Resolution 23-R-A-32. 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 6. Amending the PUD Zoning for Property Along Cason Trail (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication regarding amending the PUD zoning of approximately 121 acres located along the north side of Cason Trail, east of Racquet City Council Meeting Minutes November 30, 2023, 6:00 pm Page 3 of 9  Club Drive including reducing the number of total units from 620 to 566, reducing density from 5.16 dwelling units/acre to 4.6 dwelling L!nits/acre, reducing parking spaces, reducing the amount of open space in the cottage section of the development, and modifying the location and size of the detection ponds. Notice of public hearing was published on November 14, 2023 in the Murfreesboro Post. Mr. Blomeley stated that a public hearing was required on the matter. Prior to the public hearing, Mr. Blomeley introduced Manly Thweatt with Huddleston-Steele Engineering, Inc, and turned over the floor over to him and stated Drew Alderson, representative from the applicant Hidden River Development, was also available for any questions from Council. Council asked Mr. Thweatt and Mr. Alderson questions. Mr. Thweatt presented a PowerPoint presentation regarding the PUD of Hidden River Estates. Ga. Public Hearing Amending PUD Zoning on 121 acres. Mayor McFarland initiated a public hearing, welcomed comments on the PUD amendment and provided instructions for those wishing to speak. The following individual addressed Council: 1. Mike Green, 2107 Gaston Court, stated he was opposed to the location of the project due to the effect of .development on current residents including vegetation removal and buffer, blasting, traffic and congestion. Despite sufficient time for input, no other attendees expressed a desire to speak. Consequently, Mayor McFarland concluded the public hearing. Mayor McFarland asked Mr. Blomeley to confirm the amendment is a reduction in units. Mr. Blomeley stated that it is a reduction of 54 units. Discussion among Council members, staff and developer ensued regarding the project. 6b. Ordinance 23-02-33 Amending the PUD Zoning (First Reading). The ordinance titled, " ORDINANCE 23-OZ-33 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 121 acres in the Planned Unit Development (PUD) District (Hidden River Estates PUD) located along Cason Trail and Racquet Club Drive as indicated on the attached map, Hidden River Holding Company, LLC, applicant [2023-412]" was offered for passage on its first reading. Ms. Averwater made a motion to approve Ordinance 23-02-33 on first 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 November 30, 2023, 6:00 pm Page 4of 9  Nay: None 7. Sewer Allocation Variance- Jack Byrnes Drive - Big Blue Marble Academy (Planning). Brad Barbee, Planner, presented a Council Communication and documents requesting approval of a sewer allocation variance allowing higher single-family unit equivalent density {sfu) by approximately seven sfu's for the proposed daycare center to be located a long the north side of Jack Byrnes Drive, south of Franklin Road. The Planning Department and Water Resources Department have reviewed the application and support the request. Ms. Averwater made a motion to approve the sewer allocation variance. 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, Sha ne McFarland Nay: None 8. Rescheduling Public .Hearings (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication regarding rescheduling City Co uncil public hearings. After further review of the City's holiday schedule, staff recommended the fo llowing public hearings be rescheduled from January 4, 2024 to January 11, 2024. a. Annexation petition and plan of services [2023-503] for approximately 5.2 ac res located west of Sanctuary Place, W. Andrew Adams applicant. b. Zoning application [2023-416] for approximately 5.2 acres located west of Sanctuary Place to be zoned PUD (Marymont Springs PUD) simultaneous with annexation , W. Andrew Adams applicant. Mr. Wright made a motion to reschedule the public hearings to January 11, 2024. Ms. Averwater seconded the motion. LJpon 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 On Motion 9. Taxiway A and Apron Pavement Rehabilitation Grant and Work Authorization Amendments (Airport). Chad Gehrke, Airport Director, presented a Council Communication requesting Council approve amendments to the Tennessee Aeronautics Grant for $235,628 and Barge Design Solutions Work Authorization for $72,637 to complete the Taxiway A and Apron Pavement Rehabilitation project. The total Grant amount for this project including this Amendment City Council Meeting Minutes November 30, 2023, 6:00 pm Page 5 of 9 is $2,321,011. The State portion is $807,987. The federal portion is $1,396,975 including t he BIL Grant. The local 5% portion of $116,051 is funded by the 2019 CIP. Mr. Wade made a motion to approve the Taxiway A and Apron Pavement Rehabilitation Grant and Work Authorization Amendments. Mr. Maxwell seconded the motion. Upon roll call, t he motion was passed by the following vote: Aye: Jami Averwater, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Mr. Gehrke announced that the Murfreesboro Airport would be receiving a Safety Award from the FAA on January 14, 2024. 10. Town Creek Tasl< Or~er No. 6 (Administration). Gabriel Moore, Project Engineer, presented a Council Communication and documents requesting Council approve Task Order No. 6 with Griggs and Maloney for the Town Creek Daylighting Project Phase 1 and 2. Task Order No. 6 provides for the Hydraulic Modeling and Flood Plain Study of the daylighted creek throughout the Town Creek Phase 1 and 2 corridor and will be funded by ARPA funds designated for Town Creek Daylighting for $90,000. Mr. Maxwell made a motion to approve Town Creek Task Order No. 6. 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 11. Purchase of Police Vehicles from Ford of Murfreesboro (Police). Michael Bowen, Ch ief of Police, presented a Council Communication and documents requesting Council approval of the purchase of 15 police vehicles from Ford of Murfreesboro dba TT of F. Murfreesboro, Inc. fo r the uniform division. The cost of $676,125 is included in part by American Rescue Plan Act (ARPA) Funds and FY24 GIP, funded from General Fund. Mr. Wade made a motion to approve the purchase and contract with Ford of Murfreesboro dba TT of F. Murfreesboro, Inc. 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 City Council Meeting Minutes November 30, 2023, 6:00 pm Page 6 of 9  12. Purchase of Police Vehicles from Lonnie Cobb Ford (Police). Michael Bowen, Chief of Police, presented a Council Communication requesting Council approval of the purchase of 34 police vehicles from Lonnie Cobb F·ord, LLC. The cost of this purchase, $1,621 ,057, is funded in part by the FY21 CIP bond and the FY24 CIP, funded by the General Fund. Ms. Averwater made a motion to approve the purchase and contract with Lonnie Cobb Ford, LLC. 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 13. Purchase of Police Vehicles from Columbia Dodge (Police). Michael Bowen, Chief of Police, presented a Council Communication requesting Council approve the purchase of 20 new 2023 Dodge Chargers with Jotto equipment installs from Columbia Dodge dba TT of Columbia, Inc. The cost of $986,265 is included in the FY24 CIP, funded by General Fund. Mr. Maxwell made a motion to approve the purchase of 20 veh icles from Columbia Dodge dba TT of Columbia, Inc. 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 14. Purchase of Roll Out Carts (Solid Waste). Russell Gossett, Solid Waste Director, presented a Council Communication requesting Council approve the purchase of 2,808 roll out carts from Rehig Pacifica Company. The 95-gallon carts are to be purchased under a competitive Omni contract. The expense of $177,616 is budgeted in the Solid Waste department's FY24 operational budget. Mr. Gossett stated the Solid Waste Department picks up about 58,000 carts each week. Mr. Wade made a motion to approve the purchase and contract with Rehig Pacifica Company. 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 City Council Meeting Minutes November 30, 2023, 6:00 pm Page 7 of 9  15. Purchase of Lytx Camera System (Solid Waste). Russell Gossett, Solid Waste Director, presented a Council Communication and documents requesting Council approval of purchase of an upgraded Lytx camera system and enter a 5-year lease program for the Solid Waste and Transportation Departments with b.ytx, Inc. The contract totals $144,303 over 5 years . The shared expense is $19,272 annually for the Solid Waste Department and $9,588 for the Transport ation Department. Mr. Maxwell made a moti9n to approve the purchase and contract with Lytz, Inc. 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 Board and Commission Appointments No board and commission appointments were presented. Licensing 16. Beer Permits (Finance). Erin Tucker, Budget Director, presented a Council Communication regarding Beer Permits. The following were offered for approval: Regular Beer Permits • Beavers Mart, 1304 Northwest Broad Street (ownership change, grocery/market) • Wako Japanese Cuisine, 740 Northwest Broad Street (ownership change, restaurant) • Box Office Brews, 81 O Northwest Broad Street (new location, movie theatre) • TN Craft Butcher, 3921 Franklin Road (new location, grocery/market) Applicants met requirements for the Regular Beer Permits and were recommended for approval pending final building and codes inspections. Mr. Wright made a motion to approve the Beer Permits. 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 Payment of Statements No payment of statements was presented. Other Business Mr. Maxwell recognized Lagena Lee from Leadership Rutherford and thanked her for attending. Mr. Wright announced the Christmas Tree Lighting on the Square on December 1, 2023. City Council Meeting Minutes November 30, 2023, 6:00 pm Page 8 of 9  Mayor McFarland announced the Christmas Parade will be on December 10, 2023, w ith Dr. Gloria Bonner as Grand Marshal of the Parade. Next Council Meetings. Craig Tindall, City Manager, stated Council will have a regul ar meeting on December 7, 2023, with a public comment meeting at 5:30 p.m., and workshop meeting on December 14, 2023. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 6:45 p.m. SHANE MCFARLAND MAYOR ATTEST: CITY RECORDER/ CHIEF FINANCIAL OFFICER APPROVED BY COUNCIL:t t .~ ).7,d(:g_'5 City Council Meeting Minutes November 30, 2023, 6:00 p m Page 9 of 9