City Council

City of Murfreesboro City Council - Regular Session Thursday, December 7, 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, December 7, 2023. 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 Michael Bowen, Chief of Police Jim Kerr, Transportation Director Matthew Blomeley, Assistant Planning Director Chad Gehrke, Airport Director Chris Griffith, Executive Director of Engineering Jennifer Knauff, Floodplain-Administrator Chris Yeager, City Clerk Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Mr. Wright commenced the meeting with a prayer followed by the Pledge of Allegiance by Boy Scout Troop 441 of Ch ristiana, Tennessee. Ceremonial Items Proclamation - 2023 AU-Area Girl's and Boy's Golf Teams. Mayor Shane McFarland presented a Proclamation to the_2023 All-Area Girl's and Boy's Golf Teams. Mayor McFarland recognized athletes by name from local schools who excelled in golf this season. These student athletes proudly represent the Murfreesboro and Rutherford County Community. Mayor McFarland, on behalf of the entire City Council, proclaimed December 7, 2023 as a day to honor and recognize the accomplishments of the 2023 All-Area Girl's and Boy's GolfTeams. Public Comment on Actionable Agenda Items City Council Meeting Minutes December 7, 2023, 6:00 pm Page 1 of 11  Mayor McFarland acknowledged there was one individual registered to speak on actionable agenda items. Mayor McFarland pr_ovided instructions about the public comment session. The following individuals addressed Council. 1. Richard Baines spoke against Agenda Item 20 regarding the Pedestrian Bridge on Broad Street. He does not feel that the project is necessary or that it can be ADA compatible without excessive costs. No one else had registered to speak, so Mayor McFarland closed the public comment session. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. Beasie-River Rock Material Testing Amendment (Engineering} 2. Contract Extension with Nashville Communications (Police) 3. Purchase of Drones from General Pacific Inc. (Police) 4. Purchase of Tactical Camera from ICOR Technology (Police) 5. Purchase of Radio Equipment from Motorola (Police) 6. Amendment 1 to the Annual Traffic Signal Maintenance and Electrical Contract (Transportation) 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 Shac klett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Old Business Land Use Matters 7. Ordinance 23-OZ-33Amendingthe PUD Zoning for Property along Cason Trail (Second and Final Reading} (Planning). The ordinance titled, "ORDINANCE 23-OZ-33 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofo re 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 second and final reading. Mr. Wright made a motion to approve Ordinance 23-OZ-33 on second and final reading. Ms. Averwater seconded the motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes December 7, 2023, 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 Resolution 8. Resolution 23-R-31 Transfer of Firearms to a Retiring or Separating Officer (Police). Michael Bowen, Chief of Police, presented a Council Communication and resolution titled, "RESOLUTION 23-R-31 authorizing the Murfreesboro Police Department to present police officers who retire or separate employment in good standing and that meet the additional requirements of this resolution with their badge and service sidearm" for passage on its first and only reading. Mr. Wright made a motion to approve Resolution 23-R-31. 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 9. Resolution 23-R-32 Signal and Interchange Lighting Maintenance Agreement for Church Street (SR 231) and 1-24 Exit Ramp Signalization {Transportation). Jim Kerr, Transportation Director, presented a Council Communication and resolution titled, "RESOLUTION 23-R-32 accepting the State of Tennessee Department of Transportation's proposals to construct a road improvement project described as "Ramp at SR-10 (South Church Street), Exit 81 (IA) Route: 1-24" within the City of Murfreesboro, Tennessee, specifically Federal Project No. NH-1-24-1 (133)/State Project No. 75100-0122-44, 75100-3122-44, 75100-2122-44, 75100-1122-44" for passage on its first and only reading. Mr. Wade made a motion to approve Resolution 23-R-32. 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 Land Use Matters 10. Rezoning Property along East Northfield Boulevard and North Tennessee Boulevard (Planning). Matthew Blomeley, As·sistant Planning Director, presented a Council Communication and documents regarding the rezoning of approximately 18.02 acres located along East Northfield City Council Meeting Minutes December 7, 2023, 6:00 pm Page 3 of 11  Boulevard. Matt Taylor, SEC, presented a presentation of the proposed development prior to the public hearing. The public hearing resolution titled, "RESOLUTION 23-R-PH -35 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 18 acres along East Northfield Boulevard and North Tennessee Boulevard from Commercial Fringe (CF) District to Planned Residential Development (PRO) District (Northfield Acres PRO -14. 7 acres) and Planned Commercial Development (PCD) District (Northfield Acres PCD - 3.28 acres); Haury & Smith Contractors, Inc., applicant, [2023-403]" was adopted by City Council on November 9, 2023 and set the public hearing date. Notice of public hearing was published in the Murfreesboro Post on November 21, 2023. 10a. Public Hearing for Rezoning 18.02 acres. Mayor McFarland initiated a public hearing, welcoming comments on the rezoning and provided instructions for those wishing t o speak. The following individuals spoke at the public hearing: 1. Joanna Midland, 1130 E Northfield, spoke against the development. She is concerned about the increased traffic and safety issues and drainage. 2. Bucky Philips, Forest Oaks II on Northfield, spoke against the commercial aspects of the development and expressed concern about traffic and drainage issues. When no other speakers requested to speak, Mayor McFarland closed the public hearing. Mayor McFarland asked Mr. Taylor to discuss the drainage issues. Mr. Taylor explained the process for preparing the property and improving the drainage for the broader area. 10b. Ordinance 23-OZ-35 (First Reading). The ordinance titled, "ORDINANCE 23-0Z-35 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 18 acres along East Northfield Boulevard and North Tennessee Boulevard from Commercial Fringe (CF) District to Planned Residential Development (PRD) District (Northfield Acres PRO - 14.7 acres) and Planned Commercial Development (PCD) District (Northfield Acres PCD - 3.28 acres); Haury & Smith Contractors, Inc., applicant, (2023-403]" was offered for passage on its first reading. Mr. Wade made a motion t o approve Ordinance 23-0Z-35 on first reading. 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 City Council Meeting Minutes December 7, 2023, 6:00 pm Page 4 of 11  Nay: None 11. Rezoning Property along North Maney Avenue and Lee Street {Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regarding the rezoning of approximately 1.2 acres located along North Maney Avenue and Lee Street. The public hearing resolution titled, "RESOLUTION 23-R-PH-36 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 1.2 acres along North Maney Avenue and Lee Street from General Office- Residential (OG-R) District and City Core Overlay (CCO) District to Planned Residential Development (PRD) District and City Core Overlay (CCO) District; BNA Homes, applicant, [2023-408]" was adopted by City Council on November 9, 2023 and set the public hearing date. Notice of public hearing was published in the Murfre esboro Post on November 21, 2023. 11a. Public Hearing for Rezoning 1.18 acres. Mayor McFarland initiated a public hearing, welcoming comments on the rezoning and provided instructions for those wishing to speak. The following individuals spoke at the public hearing: 1. Michelle Russell, 1021 E Bell Street, spoke against the development. She has concerns with how these homes will lool< in the existing neighborhood. 2. Linda Stevens, 312 North Maney, spoke against the development. She is concerned that the feel of the neighborhood will be changed . 3. Cathy Green, 726 North Maney, spoke against the development. She is concerned about the neighborhood changing for the worse. 4. Steve Baughman, 315 North Maney, spoke against the number of units being developed on the property. When no other speakers requested to speak, Mayor McFarland closed the public hearing. 11 b. Ordinance 23-0Z-36 (First Reading). The ordinance titled, "ORDINANCE 23-02-36 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 1.2 acres along North Maney Avenue and Lee Street from General Office- Residential (OG-R) District and City Core Overlay (CCO) District to Planned Residential Development (PRO) District and City Core Overlay (CCO) District; BNA Homes, applicant, [2023-408]" was offered for passage on its first reading. City Council Meeting Minutes December 7, 2023, 6:00 pm Page 5 of 11  Vice Mayor Shacklett made a motion to approve Ordinance 23-02-36 on first reading. Ms. Averwater 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 12. Rezoning Property along Van Cleve Lane (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regarding the rezoning of approximately 0.35 acres located along Van Cleve Lane and North Thompson Lane. The public hearing resolution titled, "RESOLUTION 23-R-PH-37 fixing the time for holding a Public Hearing with respect to the proposed amendment of the Zon ing 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 0.35 acres along Van Cleve Lane and North Thompson Lane from Single-Family Residential Fifteen (RS-15) District to Light Industrial (L-I) District; Norman Brown, applicant, (2023-414)" was adopted by City Council on November 9, 2023 and set the public hearing date. Notice of public hearing was published in the Murfreesboro Post on November 21, 2023. 12a. Public Hearing for Rezoning 0.35 acres. Mayor McFarland initiated a public hearing, welcoming comments on the rezoning and provided instructions forthose 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. 12b. Ordinance 23-02-37 (First Reading). The ordinance titled, "ORDINANCE 23-02-37 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 0.35 acres along Van Cleve Lane and North Thompson Lane from Single-Family Residential Fifteen (RS-15) District to Light Industrial (L-I) District; Norman Brown, applicant, (2023-414]" was offered for passage on its first reading. Ms. Averwater made a motion to approve Ordinance 23-02-37 on first reading. 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 City Council Meeting Minutes December 7, 2023, 6:00 pm Page 6 of 11  13. Rezoning Property along East Castle Street (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regarding the rezoning of approximately 0.15 acres located along East Castle Street. The public hearing resolution titled, "RESOLUTION 23-R-PH-38 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 Ordinan-ce, as heretofore amended and as now in force and effect, so as to consider a proposed amendment to rezone approximately 0.15 acres along East Castle Street from Duplex Residential (RD) District and City Core Overlay (CCO) District to Planned Residential Development (PRO) District and City Core Overlay (CCO) District (East Castle Manor PRO); BA Homes, LLC applicant, [2023-411 ]" was adopted by City Council on November 9, 2023 and set the public hearing date. Notice of public hearing was published in the Murfreesboro Post on November 21, 2023. 13a. Public Hearing for Rezoning 0.15 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. Consequently, Mayor McFarland concluded the public hearing. 13b. Ordinance 23-OZ-38 (First Reading}. The ordinance titled, "ORDINANCE 23-OZ-38 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 0.15 acres along East Castle Street from Duplex Residential (RD) District and City Core Overlay (CCO) District to Planned Residential Development (PRO) District and City Core Overlay (CCO) District (East Castle Manor PRO); BA Homes, LLC, applicant, [2023-411 ]" was offered for passage on its first reading. Mr. Wade made a motion to approve Ordinance 23-OZ-38 on first reading. Ms. Averwater 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 14. Planning Commission Recommendations (Planning). Matthew Blomeley, Assistant Planning Director, presented a Council Communication and documents regarding the following items recommended for approval by the Planning Commission on December 6, 2023: City Council Meeting Minutes December 7, 2023, 6:00 pm Page 7 of 11  a. Zoning application [2023-417] for approximately 48.3 acres located along Old Fort Parkway to be rezoned from CH & PSO to PCD (Stones River Town Centre PCD) & PSO, Kimley-Horn representing Sterling Organization applicant. b. Zoning application [2023-418] for approximately 7.3 acres located along Northwest Broad Street and West Vine Street to be rezoned from CH & CCO to PUD (Keystone on Broad PUD) & CCO, approximately 0.1 acres to be rezoned from CBD & CCO to PUD & CCO, and approximately 0.4 acres to be rezoned from CH & CCO to CBD & CCO, HRP Residential applicant. c. Proposed amendment to the City Zoning Ordinance [2023-803] pertaining to miscellaneous revisions to the fo llowing sections: Section 2: Definitions; Section 6: Amendments; Section 7: Site Plan Review; Section 9: Standards for Special Permit Uses; Section 24: Overlay District Regulations, Article VI. CCO, City Core Overlay District; Section 25: Temporary and Accessory Structures and Uses; Section 26: Off-Street Parking, Queuing, and Loading; Section 28: Non-Conformities; Chart 1: Uses Permitted by Zoning District (including Chart 1 endnotes); and Chart 2: Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios (including Chart 2 endnotes), City of Murfreesboro Planning Department applicant. Mr. Blometey stated that public hearings were required and requested Council set the public hearings for January 11, 2024. Ms. Averwater made a motion to set the public hearings for January 11, 2024. Mr. Wade 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 On Motion 15. Purchase of Property in Runway Protection Zone (Airport}. Chad Gehrke, Airport Director, presented a proposal to purchase 1816 Herald Lane to maintain the Airport's Runway Protection Zone. The expense, $321,000, will be funded from $40,000 through the FY24 CIP and the remaining balance coming from the Airport fund. Alternative funding is also being pursued as well. Mr. Wade made a motion to approve the rescheduling. Ms. Averwater seco nded t he motion. Upon roll call, the motion was passed by the following vote: City Council Meeting Minutes December 7, 2023, 6:00 pm Page 8 of 11  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 16. Armory Drive - Professional Services Agreement (Engineering). Chris Griffith, Executive Director of Engineering, _presented a proposal from Kimley Horn, Inc. for the Butler Drive realignment project. The estimated construction costs, $7,390,962, are within the total project budget and are funded by the FY21 and FY22 CIP Budgets. Mr. Wade made a motion to approve the task order. 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 17. Butler Drive Realignment Award of Contract (Engineering). Chris Griffith, Executive Director of Engineering, presented a contract from Moody Excavating for the preliminary and final design for the realignment of Armory Drive with regards to the Construction Contract for the Butler Drive Realignment Project. The cost of this work, $255,900, is funded within the FY22 and FY24 CIP Budgets. Ms. Averwater made a motion to approve the contract. 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 18. Butler Drive Realignment CEI Contract (Engineering). Chris Griffith, Executive Director of Engineering, presented a contract from Kimley-Horn and Associates to perform construction administration services for the Butler Drive realignment project. The expense, $112,000, is part of the project construction costs, which are funded by the FY21 and FY22 CIP Budgets. Construction Administration Contract for the Butler Drive Realignment Project. Vice Mayor Shacklett made a motion to approve the contract. Ms. Scales Harris 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 City Council Meeting Minutes December 7, 2023, 6:00 pm Page 9 of 11  19. Puckett Creek Master Services Agreement and Task Order (Planning). Jennifer Knauf, Floodplain Administrator, presented a Master Services Agreement for professional services and task order 1 with Volkert for the Puckett Creek LOMR for approval. The expenses, $88,750, will be funded by Stormwater Funds. Puckett Creek Master Services Agreement and Task Order Ms. Averwater made a motion to approve the MSA. Mr. Wright seconded the motio n. 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 20. Broad Street Pedestrian Bridge Agreement with TOOT (Transportation). Jim Kerr, Transportation Director, presented agreement No. 230410 Broad Street Pedestrian Bridge Transportation Alternative Program (TAP) Project between the City and TOOT for approval. This expense, $2,610,388, is funded by federal and local dollars. The local portion, $830,078, is funded by FY21 & FY22 Bond. Broad Street Pedestrian Bridge Agreement with TDOT. Mr. Wade made a motion to approve the TOOT agreement. Ms. Ave rwater 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 No board and commission appointments were presented. Licensing 21. Beer Permits (Finance). Jennifer Brown, City Recorder/ Finance Di rector, presented a Council Communication regarding Beer Permits. The following were offered for approval: Regular Beer Permits • RB on the Square, 11 South Public Square (new location/ coffee shop) • Public Tennessee #1778, 5229 Veterans Parkway (new location/ grocery/market) Applicants met requirements for the Beer Permits and were recommended for approval pending final building and codes inspections s. Mr. Wright made a motion to approve the Beer Permits. 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 City Council Meeting Minutes December 7, 2023, 6:00 pm Page 10 of 11  Nay: None Payment of Statements No payment of statements was presented. Other Business 22. Taxiway A and Apron Pavement Rehabilitation Work Authorization Amendment (Airport). Chad Gehrke, Airport Director, presented amendments to the Tennessee Aeronautics Grant and the Barge Design Solutions Work Authorization. The total Grant amount for this project including this Amendment is $2,321,011. The State portion is $807,987. The federal portion is $1,396,975 including the BIL Grant. The local 5% portion, $116,051, is funded by the 2019 CIP. Ms. Averwater made a motion to approve the grant and work authorization amendments. 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 Shackl ett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Next Council Meeting. Craig Tindall, City Manager, stated that the next City Council Meeting would be a workshop held December 14, 2023. Mayor McFarland announced that the Christmas Parade was this Sunday, but weather may be a factor. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 7:50 p.m. SHANE MCFARLAND MAYOR ATTEST: ~ TUCKER :...e, --- : : : : / CHIEF FINANCIAL OFFICER APPROVED BY COUNCIL: ¼ t)'('lli~ J.l ;a.b0\5 City Council Meeting Minutes December 7, 2023, 6:00 pm Page 11 of 11