City Council

City of Murfreesboro City Council- Regular Session Thursday, April 4, 2024, at 6:00 pm City Council Chambers T E N N E S S 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, April 4, 2024. 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, Cit y Attorney Jennifer Brown, City Recorder/ Finance Director Darren Gore, Assistant City Manager/ Water Resources Director Sam Huddleston, Assistant City Manager Randolph Wilkerson, Human Resources Director Brad Barbee, Principal Planner Greg McKnight, Executive Director of Development Gabriel Moore, Project Engineer Jim Kerr, Transportation Director Nate Williams, Executive Director of Recreational Services Ben Newman, Planning Director Kristy Burton, Executive Assistant Prayer and Pledge of Allegiance Mayor McFarland called the meeting to order. Ms. Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. Ceremonial Items STARS Award for March 2024. Randolph Wilkerson, Human Resources Director, presented the STARS Award for the month of March upon April Pedigo, Assistant Customer Service Manager, of the Water Resources Department. The STARS award purpose is to recognize City employees that go above and beyond the call of duty. She has been a City employee tor over 13 years and was nominated by Laura Gammon as she is alw ays willing to help the public and co-workers, no matter the task. She can always be counted on. City Council Meeting Minutes April 4, 2024, 6:00 pm Page 1 of 8 Public Comment on Actionable Agenda Items Mayor McFarland stated there were seven people registered to speak at pu blic comment on actionable agenda items. Mayor McFarland provided instructions for the public comment session. Adam Tucker, City Attorney, stated that the public comment policy only allows for 15 minutes of public comment time, so Council would need to vote to suspend the rules if Council wanted to permit all seven people to speak. Vice Mayor Shacklett made a motion to suspend the rules to allow registered speal<ers to speak. Mr. Wright seconded the motion. 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 The following individuals registered for public comment and were called forward to address Council regarding Agenda Item 6, Ordinance 22-OZ-48, Rezoning Property along Memorial Boulevard and Haynes Have Lane (Adams Place). 1. Margaret Shumate, 1925 Memorial Boulevard, Apt. 114, spoke aga inst the rezon ing by sharing her experience with the current zoning and how happy she is with the way things are. She disagrees with the age change allowed in the rezoning and asked Council to listen to current residents. 2. Marl< Wood, 107 Haynes Haven Lane, spoke against the rezoning on behalf of the neighborhood and was given five minutes. Mr. Wood reviewed the history of the property and the rezoning request. He stated he disagrees with allowing 55 and older in the new development. 3. Carol Clark, 327 Haynes Haven Lane, spoke against the rezoning. She feels business plans should not negatively impact other City residents and this rezoning would affect her quality of life, safety and home values. 4. Ralph Fullerton, 1925 Memorial Boulevard, Apt. 329, spoke against the rezoning. He stated that the vacant land currently serves two purposes and should not be developed: a buffer from traffic on Memorial Boulevard and a filter in the mitigating factors of noise and pollution generated by the road. City Council Meeting Minutes April 4, 2024, 6:00 pm Page 2 of 8  5. Lori Duke, 423 Haynes Haven Lane, spoke against the rezoning. She stated that residents of both Adams Place and Haynes Haven neighborhood are against the rezoning for many reasons including the need to preserve green space. 6. Cynthia Allen, 206 Peacock Avenue, spoke against the rezoning due to drainage issues, traffic and the initial rules developers agreed to. She provided documentation and images to Council. 7. Valerie Martin, 207 Peacock Avenue, spoke against the rezoning. She asked Council to consider several questions when making their decision about the rezoning. Mayor McFarland briefly recessed the meeting for public comment speakers to leave. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. FY23 and FY24 City Manager Approved Budget Amendments (Finance) 2. Robert Rose Administration Building Renovations Contingency Allowance Allocation (Project Development) 3. Asphalt Purchases Report (Water Resources) 4. First Amendment of Lime Contract (Water Resources) 5. Chemical Contract Amendments (Water Resources) Ms. Scales Harris made a motion to approve the Consent Agenda . 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 Old Business Ordinance Land Use Matters 6. Rezoning Property along Memorial Boulevard and Haynes Haven Lane (Planning). Brad Barbee, Principal Planner, presented a Council Communication regarding rezoning approximately 22 acres located at the northwest corner of Memorial Boulevard and Haynes Haven Drive. A City Council public hearing on this matter was conducted on January 19, 2023, whereafter Council voted to deferred action on first reading of Ordinance 22-OZ-48. No changes have been made to the application or materials since that date. On March 21, 2024, this matter was pulled from the City Council agenda, at the request of the applicant, prior to the City Council meeting. Applicant conducted a meeting with Adam's Place residents on March 18, 2024 and is now requesting to move forward with its original request to rezone. City Council Meeting Minutes April 4, 2024, 6:00 pm Page 3of 8  Clyde Rountree of Huddleston Steele Engineering and Mike Usery of NHC were present representing the developer and applicant Mr. Usery presented NHC's intentions regarding this development. Terry Deal, Executive Director of Adam's Place Independent Living, provided information to Council regarding operations and services currently provided and those they would like to provide and addressed potential issues mentioned in the public comment session. She stated that alt residents are not opposed the project, as Council has been led to believe. Mr. Roundtree presented a PowerPoint to Council regarding the rezoning request at Adam's Place addressing topics including design, conceptual site layout, amenity center, sidewalks and connectivity, and the needs the development will meet if able to move forward. Discussion ensued. 6a. Ordinance 22-02-48 (First Reading). The ordinance titled, "ORDINANCE 22-02-48 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. Ms. Averwater made a motion to approve Ordinance 22-OZ-48 on first reading. Mr. Wade seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Kirt Wade, Shawn Wright, Sha ne McFarland Nay: Madelyn Scales Harris, Austin Maxwell, Bill Shacklett Mayor McFarland recessed the meeting so those present for public comment could leave the meeting. New Business Land Use Matters 7. Sewer Allocation Variance - River Rock Boulevard - Commercial Development (Planning). Brad Barbee, Principal Planner, presented a Council Communication requesting approval of a sewer allocation variance allowing higher single-family unit equivalent density (sfu) by approximately 2 sfu's for a proposed commercial development located at 601-609 River Rock Boulevard . The Planning Department and Water Resources Department reviewed the application and support the request. Mr. Wright 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: City Council Meeting Minutes April 4, 2024, 6:00 pm Page 4 of 8  Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Resolution 8. Resolution 24-R-06 Application of Creation of the Murfreesboro Sports Authority (Administration). Craig Tindall, City Manager, presented a Council Communication requesting Council authorize creation of the Murfreesboro Sports Authority that would benefit the City through revenue enhancement activities. The resolution titled, " RESOLUTION 24-R-06 permitting and directing the formation of the Sports Authority of Murfreesboro" was offered for passage on its first and only reading. Discussion ensued. Mr. Wright made a motion to approve Resolution 24-R-06. 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 9. Amending Town Creek Task Order No. 11 (Planning). Gabriel Moore, Project Engineer, presented a Council Communication and documents requesting approval of the First Amended Task Order No. 11 with Griggs and Maloney for the Town Creek Phase 2 daylighting project for asbestos abatement and drywall removal at 121 NW Broad Street and 111 NW Broad Street. The expense of $48,900 will be funded by the General Fund. Mr. Wade made a motion to approve First Amended Task Order No. 11 with Griggs and Maloney. 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 10. Rutherford Boulevard Adaptive Signal Control Technology Project Amendment No. 2 to the TOOT Contract (Transportation). Jim Kerr, Transportation Director, presented a Council Communication and documents requesting approval of Amendment No. 2. to the agreement (Agreement Number: 170065) with TOOT regarding the Rutherford Boulevard Adaptive Signal City Council Meeting Minutes April 4, 2024, 6:00 pm Page 5 of 8  Control Technology (ASCT). The City's portion of the construction phase is estimated at $286,127 and will be funded by FY21 and BY22 Bonds as well as Infrastructure General Fund. Ms. Aveiwater made a motion to approve Amendment No. 2 to TOOT Agreement Number 170065. Mr. Maxwell seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Aveiwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 11. Task Order for Mt1rfreesbo1 o P1etr opolita,, Planning Orga1,izatio1, Prospectus (Transportation). Agenda Item 11 was removed from the agenda and not discussed nor action taken. 12. 2023-2024 Sanitary Sewer Rehabilitation Change Order No. 1 (Water Resources). Darren Gore, Assistant City Manager/ Water Resources Director, presented a Council Communication and documents requesting approval of the addition of development sewer construction warranty work through Change Order No. 1 to the contract with SBW Constructors, LLC (MWRD Project No. 22134). This change order, an additional expense of $87,023, is comprised of warranty work involving sewer infrastructure installed by various developers throughout the City. The Department has received these funds from those entities. The final contract amount is adjusted to $7,029,476.70. Mr. Maxwell made a motion to approve Change Order No. 1 to the contract with SBW Constructors, LLC (MWRD Project No. 22134). 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 Board and Commission Appointments 13. Cable TV Commission (Administration). Mayor McFarland presented a Council Communication proposal regarding reappointment of the following Cable TV Commission members. There are seven members appointed for 3-yearterms. • Jimmy Richardson, Term expiration April 30, 2024 • Tommy Campbell, Term expiration April 30, 2024 City Council Meet ing Minutes April 4, 2024, 6:00 pm Page 6 of8  Mr. Wright made a motion to approve the reappointments to the Cable TV Commission. 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 Licensing 14. Beer Permits (Finance). Jennifer Brown, City Recorder/ Finance Director, presented a Council Communication regarding Beer Permits. The following were offered for approval: Re~ular Beer Permits • Jasmine Asian Cuisine, 417 N. Thompson Lane (Restaurant, Ownership Change/ Name Change) • TailGate Brewery, 21 OStones River Mall Boulevard (Restaurant/ Brewery, Ownership/ Name/ Permit Type Change) Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections. 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 Nay: None Payment of Statements No payment of statements was presented. Other Business Next Council Meeting. Craig Tindall, City Manager, stated the next Council meeting will be a workshop on Thursday, April 11 , 2024, at 11 :30 a.m. Ms. Averwater stated she would not be present. There was discussion about starting the April 11 th meeting at 11 :45 a.m. to accommodate another event, however, Sam Huddleston, Assistant City Manager, confirmed the Murfreesboro Housing Authority grand opening of Oaklands 1 and 2 starts at 11 :00 a.m. on April 18, 2024. Nate Williams, Executive Director of Parks and Recreation, announced Food Truck Friday would be starting Friday, April 5, 2024 from 11 :00 a.m. - 1:00 p.m. on the Civic Plaza and be scheduled for April and May and again in September and October. City Council Meeting Minutes April 4, 2024, 6:00 pm Page 7 of 8  Mr. Wright responded to phone calls and emails received about the State Farm Building on the corner of 231 and DeJarnette Lane. City staff have spoken with the owners and managers of the building and they confirmed it will not house illegal aliens. He reassured the public that Murfreesboro would follow the law regarding illegal aliens. Mayor McFarland also reassured citizens that the zoning would not allow for that use. Mr. Maxwell discussed educating children of illegal aliens within the Murfreesboro City Schools and Rutherford County Schools and the financial issues associated with that. Sam Huddleston introduced Ben Newman, the City's new Planning Director. Ms. Scales Harris congratulated Ms. Averwater on her upcoming wedding. Mr. Maxwell inquired about containing aquatic vegetation on Todd's Lake. Sam Huddleston, Assistant City Manager, explained possibilities, issues and potential cost. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 8:25 p.m. SHANE MCFARLAND MAYOR ATTEST: c:f!,v~:;_£2,,, • TUCKER '---=. CITYRECORDER/ CHIEF FINANCIAL OFFICER APPRovED Bv couNcIL: • fltp,ck () /}dd1S City Council Meeting Minutes April 4, 2024, 6:00 pm Page 8 of8