City Council

City of Murfreesboro City Council - Regular Session Thursday, December 5, 2024, 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 Counci l Chambers at City Hall at 6:00 p.m. on Thursday, December 5, 2024. Council Members Present Mayor Shane McFarland - Presiding Jami Averwater Madelyn Scales Harris Austin Maxwell Bill Shacklett Kirt Wade Sh awn Wright City Representatives Present Darren Gore, City Manager Adam Tucker, City Attorney Amanda DeRosia, Interim Finance Director Sam Huddleston, Assistant City Manager Scott Elliott, Manager of Project Development Jim Kerr, Transportation Director Mark McCluskey, Chief of Fire Rescue Michael Bowe n, Chief of Police Cary Gensemer, Deputy Chief of Police Matthew Blomeley, Assistant Planning Director Richard Donovan, Principal.Planner Gabriel Moore, Project Engineer Tracy Brown, Assistant Streets Director Valerie Smith, Water Resources Director Mike Browning, Public Information Officer Raven Bozeman, 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 Recognition of First Responders in Response to East Tennessee Floods. Mayor McFarland recognized City employees who went above and beyond the call of duty to aid in responding to East Tennessee flobding. Mayor McFarland introduced Rutherford County Public Safety Director Chris Clark to recognize and thank the teams assembled to serve in East City Council Meeting Minutes December 5, 2024, 6:00 pm Page 1 of 11  Tennessee. Land search teams consisted of staff from Rutherford County EMS, Murfreesboro Fire and Rescue, Lavergne Fire and Rescue, and Rutherford County Fire. The Incident Management Team consisted of Murfreesboro Deputy Chief of Police Cary Gensemer, Lavergne Fire Chief Jeff Beasley, and Murfreesboro Shift Commander, John Ingle. The Search and Rescue Team Angela Alexander and Kari, K-9 Cadaver Dog, were called to duty to search for individuals. Emergency Operations Support Team Carrie Clark and Rutherford County EMS Denise Martin providing mortuary and forensic services for East Tennessee residents. Smyrna Utility Service aided East Tennessee utility services. Public Comment on Actionable Agenda Items Mayor McFarland inquired of Amanda DeRosia, Interim Finance Director, about the presence of any registered speakers for public comment on actionable agenda items. Ms. DeRosia confirmed no individuals were registered to speak. Consent Agenda The Consent Agenda was presented for approval with Council Communications for the following items: 1. FY25 City Manager Approved Budget Amendment (Finance) 2. Wine Sales Certificate of Compliance - Trader Joe's #815 (Finance) 3. Property Purchase Sale Agreement Amendment for 2200 Butler Drive (Administration) 4. City Hall Renovation Professional Services Amendment (Administration) 5. Donation of Used Police Vehicles to the Tennessee Law Enforcement Academy (Police) 6. Robert Rose Administration Building HVAC and Roof Renovations Contingency Allowance Allocation (Project Development) 7. Contract with TOOT for FY25 Technical Assistance (Transportation) Ms. Averwater made a motion to approve the Consent Agenda. 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 Old Business Ordinance 8. Ordinance 24-0-44, FY25 Budget Amendment (Second and Final Reading). Amanda DeRosia, Interim Finance Director, presented a Council Communication to amend the City's FY25 Budget Ordinance. The ordinance titled "ORDINANCE 24-0-44 amending the Fiscal Year 2025 City Council Meeting Minut es December 5, 2024, 6:00 pm Page 2 of 11  (hereafter "FY2025") Budget (2nd Amendment)." which passed its first reading on November 14, 2024, was offered for passage on its second and f inal reading. Ms. Averwater made a motion to approve Ordinance 24-0-44 on second and final reading. Ms. Scales Harris seconded the motion. Upon roll call, the ordinance was passed on second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None New Business Land Use Matters 9a. Public Hearing Amending the Zoning Ordinance - Retail Hybrid and Distribution Uses, Ordinance 24-0-40. Matthew Blome ley, Assistant Planning Director, presented a Council Communication to amend the Zoning Ordinance Sections 2 and 9 and Chart 1 (including Cha rt 1 endnotes) regarding retail hybrid and distribution uses. During its regular meeting on Octobe r 2, 2024, the Planning Commission conducted a public hearing on this matter and then vot ed to recommend its approval to City Council. On November 7, 2024, Council held a public hearing and approved this matter on first reading. Subsequently, it was determined that an additional public hearing was needed due to increased legal notice requirements for Zoning Ordinance text amendments adopted by the General Assembly earlier this year. Notice of the second public hearing was published on November 12, 2024, in the Murfreesboro Post. Mr. Blomeley stated t hat a second public hearing was required on the matter. 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. 9b. Ordinance 24-0-40 Amending the Zoning Ordinance - Retail Hybrid and Distribution (Second and Final Reading). The ordinance titled "ORIDINANCE 24-0-40 amending Murfreesboro City Code Appendix A-Zoning, Sections 2, 9, Chart 1 and Chart 1 Endnotes, pertaining to retail operations, Murfreesboro Planning Department, applicant [2024-805]" which passed its first reading on N(?vember 7, 2024, was offered for passage on its second and final reading. City Council Meeting Minutes December 5, 2024, 6:00 pm Page 3 of 11  Ms. Averwater made a motion to approve Ordinance 24-0-40 on second and final reading. Mr. Wade seconded the motion. Upon roll call, the ordinance was passed on second and final reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Mayor McFarland clarified for the record that the vote was for Ordinance 24-0-40 not Ordinance 24-0-44, as he accidentally stated. There were no objections to th is clarification and Ordinance 24-0-40 passed its second and final reading. 10a. Public Hearing Zoning Amendment along East Castle Street, Ordinance 24-02-41. Matthew Blomeley, Assistant Planning Director, presented a Council Communication to amend the PRO zoning on approximately 0.15.acres located along the north side of East Castle Street west of South University Street. Notice of public hearing was published on November 19, 2024, in the Murfreesboro Post. Mr. Blomeley stated that a public hearing was required on the matter. 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. 10b. Ordinance 24-02-41 Zoning Amendment along East Castle Street (First Reading). The ordinance titled, "ORDINANCE 24-02-41 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 0.15 acres in the Planned Residential Development (PRO) District (East Castle Manor PRD) located along East Castle Street (with CCO zoning to remain) as indicated on the attached map, Nashville Comfort, LLC, applicant [2024-416]" was offered for passage on first reading. Mr. Maxwell made a motion to approve Ordinance 24-02-41. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vot e: Aye: Jami Averwater, M~delyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 11a. Public Hearing Rezoning property along Thompson Road, Ordinance 24-02-42. Matthew Blomeley, Assistant Planning Director, presented a Council Communication regarding a City Council Meeting Minutes December 5, 2024, 6:00 pm Page 4 of 11  rezoning for approximately 69.1 acres located along Thompson Road to be rezoned from RS-15 (Single-Family Residential District 15) to PRO (Planned Residential District). During its regular meeting on October 30, 2024, the Planning Commission conducted a public hearing on this matter and then voted to recommend its approval. Notice of public hearing was published on November 19, 2024, in the Murfreesboro Post. Mr. Blomeley stated that a public hearing was required on the matter and introduced applicant representative, Chris McGuire, Huddleston-Steele Engineering, Incorporated. Mr. Guire made a presentation regarding the request for a zoning change for Sa lem Landing Ill. Mayor McFarland opened the floor for questions from the Council to staff and the applicant. Discussion ensued. Mayor McFarland initiated. a public hearing, welcoming comments on the rezoning, and provided instructions for those wishing to speak. The following speakers addressed Council: 1. Robert Collier, 2450 Thompson Road, Opposed. He wou ld like clarification regarding the access lane and how the park would be buffered near his home. 2. Kim Jeffcoat, 2871 Th ompson Road, Opposed. She is concerned about traffic on New Sa lem Highway and people cutting through their subdivision to avoid traffi c and accidents. She would like the City and County to address the traffic issue. Despite sufficient time for input, no additional attendees expressed a desire to speak on the matter. Consequently, Mayor McFarland concluded the public hearing. Mayor McFarland requested Mr. Blomeley and Mr. McGuire address issues brought up by the public hearing speakers. Mr. Blomeley reviewed the proposed buffer along Mr. Collie r's property. Mr. Blomeley also reviewed the turn lanes proposed and reviewed with the County Engineering office for this site. Mr. McGuire stated the land near Mr. Collier's property will have a farm fence on the west side of the property to provide more separation of use. Mayor McFarland requested the applicant notify future homeowners if the additional right of way road could be extended in the future. Mr. Btomeley stated a standard note is on the plat. Mayor McFarland requested a way for the applicant to notify future homeowners/ buyers of the potential of the road extension. Mayor McFarland reopened the public hearing for Mr. Collier to make a statement regarding a stop light. Mayor McFarland concluded the public hearing. Mr. McGuire stated that the applicant is in communication with the county regarding making improvements to improve the traffic congestion issue. City Council Meeting Minutes December 5, 2024, 6:00 pm Page 5 of 11  11b. Ordinance 24-02-42 Rezoning property along Thompson Road (First Reading). The ordinance titled, "ORDINANCE 24-OZ-42 amending the Zoning Ordinance and the Zon ing Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 69.1 acres located along Thompson Road from Single-Fam ily Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Sa lem Landing Ill PRD); Ole South Properties, applicant, [2024-417]" was offered for passage on first reading. Mr. Wright made a motion to approve Ordinance 24-OZ-42. Mr. Wade seconded the motion. Mayor McFarland req uested staff provide an update from the county on their plans for Thompson Road prior to second reading of the Ordinance 24-02-42. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 12a. Public Hearing Zoning for Property along Butler Drive and Joe B Jackson Parkway, Ordinance 24-0Z-43. Matthew Blomeley, Assistant Planning Director, presented a Council Communication regarding a rezoning for approximately 15.9 acres to be zoned H-1 (Heavy Industrial District - 6.7 acres); G-1 (General Industrial District - 2.9 acres); and CH (Highway Commercial District - 6.3 acres) ·simultaneous with annexation. During its regular meeting on October 30, 2024, the Planning Commission conducted a public hearing on this matter and then voted to recommend its approval. Notice of public hearing was published on November 12, 2024, in the Murfreesboro Post. Mr. Blomeley stated that a public hearing was required on the matt er. 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. 12b. Ordinance 24-0Z-43 Zoning for Property along Butler Drive and Joe B Jackson Parkway (First Reading). The "ORDINANCE 24-OZ-43 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 zone approximately 15.9 acres along Joe B. Jackson Parkway and Butler Drive as Heavy Industrial (H-1) District (6. 7 acres), General Industrial (G-1) District (2.9 acres), and Highway Commercial (CH) District (6.3 acres) simultaneous with annexation; City of Murfreesboro, City Council Meeting Minutes December 5, 2024, 6:00 pm Page 6 of 11  MacDonald Associates, and Quiktrip Corporation, applicants [2024-415]" was offered for passage on first reading. Mr. Maxwell made a motion to approve Ordinance 24-OZ-43. Mr. Wright seconded the motion. Upon roll call, the ordinance was passed on its first reading by the following vote: Aye: Jami Averwater, Madelyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 13. Sewer Allocation Variance - New Salem Highway- Still Waters. Richard Donovan, Principal Planner, presented a Council Communication regarding a proposed development request for additional density above the sewer allocation ordinance's zoning allowance. Mr. Donovan requested Council approve the request allowing higher single-family unit equivalent density (sfu) by approximately 262 sfu's for the proposed mixed-use development. Mr. Donovan reviewed the phases for clarification, Phase 2 includes 150 age restricted apartments, Phase 3 includes 320 non-age restricted apartments, Phase 4 includes 48 townhome units, and Phase 5 includes a 120- bed assisted living facility with 30 memory care beds. Discussion ensued. Variance clarificat ion was requested by Mr. Maxwell. Mr. Donovan clarified the variance is for the entire site, including the two portions planning is not in support of and is requesting Council approval prior to the site or zoning plans needed. Mr. Wright made a motion to deny the Sewer Allocation Variance. Mr. Maxwell seconded the motion. No roll call was conducted. Additional discussion ensued. Mr. Donovan introduced the applicant, Tyler Thayer, Paradym Studio Principal Architect, and turned the floor over to him. Mr. Thayer spoke regarding the sewer allocation variance and stated the applicant is open to disc-ussion about what is built on the site. Mayor McFarland discussed capacity and zoning for the property and throughout the City and the capacity issues. Mr. Wright stated his motion still stands to deny the Sewer Allocation Variance. Mr. Thayer asked for clarification on the motion to deny t he sewer variance request and t he time to bring forward another va riance request if denied. Adam Tucker, City Attorney, stated that the denial of this request would not be the same as a zoning and wouldn't require an additional year to reapply. Mayor McFarland gave the applicant the opportunity to withdraw his request and work with staff to revise it, or stated there was a motion to deny on the floor and the Council would vote on City Council Meeting Minutes December 5, 2024, 6:00 pm Page 7 of 11  that. Mr. Thayer stated they would withdraw and bring a new plan. The motion to deny the sewer allocation variance was not voted on and the request was withdrawn. On Motion 14. Town Creek Improvements (Daylighting). Gabriel Moore, Project Engineer, presented a Council Communication regarding the construction contract for the Town Creek Improvements (Daylighting) Project. The Town Creek Improvements (Daylighting) Project bid was opened on November 21, 2024. Griggs and Maloney reviewed the bids and has deemed SBW Constructors, LLC, to be responsible and respon.sive to the requirements of t he project. SBW Constructors, LLC provided a base bid price of $22,468,540.00. Mr. Moore requested the Council approve the construction contract with SBW Constructors, LLC. Ms. Averwater made a motion to approve the contract with SBW Constructors, LLC. 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 15. Cooperation Agreement Concerning Body Cameras. Cary Gensemer, Deputy Chief of Police, presented a Council Communication regarding an interlocat cooperation agreement with the District Attorney and Public Defender offices for the 16th Judicial District concerning body cameras. The City recognizes that the District Attorney and Public Defender will need to acquire additional personnel and equipment to manage the video footage and has agreed to share this cost. Deputy Chief Gensemer requested Council approve the agreement with the District Attorney's Office for the 16th Judicial District and Public Defender's Office fo r the 16th Judicial District concerning body cameras. Mr. Wade made a motion to approve the agreement with the District Attorney and Public Defender Offices for the 16th Judicial District. 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 Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 16. Amendment No. 3 to Purchasing Agreement with Axon. Cary Gensemer, Deputy Chief of Police, presented a Council Communication regarding Amendment No. 3 to Master Services and Purch asing Agreem ent with Axon Enterprise, Inc. for relocating in-car cameras. This City Council Meeting Minutes December 5, 2024, 6:00 pm Page 8 of 11  will include a replacement antenna and wiring harness for each vehicle for a cost of $574, plus installation labor of $1,700, for a grand total of $47,754. Deputy Chief Gensemer requested Counci l approve Amendment No. 3 to the Contract with Axon Enterprise, Inc. Mr. Maxwell made a motion to approve Amendment No. 3 with Axon Enterprise, Inc. Mr. Wright seconded the motion. Upon roll call, the motion was passed by the following vote: Aye: Jami Averwater, Ma_delyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None 17. Purchase of New Liebherr Excavator. Tracy Brown, Assistant Streets Director, presented a Council Communication and requested Council to approve the contract and purchase of a new Liebherr Model R936C Excavator with RECO Equipment, Incorporated in the amount of $299,900. Mr. Maxwell made a motion to approve the purchase and contract with RECO Equipment, Inc. Mr. Averwater seconded the motion. Upon roll call, the motion was passed by the f ollowing vote: Aye: Jami Averwater, Ma·delyn Scales Harris, Austin Maxwell, Bill Shacklett, Kirt Wade, Sh awn Wright, Shane McFarland Nay: None 18. Old Fort Parkway Technical Report Amendment No. 2. Jim Kerr, Transportation Director, presented a Council Communication and requested Council approve Amendment No. 2 Old Fort Parkway Technical Report Contract with Kimley-Horn and Associates, Inc. Tennessee Department of Transportation's (TOOT) requirements for the report have been in a transition phase and therefore additional funds are requested. The additional information TOOT has requested are two additiona l analysis scenarios, including future build and no-build conditions as it pertains to intersection improvements. To complete the requested additional services, an additional $13,200 is needed, which brings the overall contract total to $142,600. Discussion between staff and Council ensued. Mr. Wright made a motion to approve Amendment No. 2 with Kimberly-H orn and Associates, Inc. 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 City Council Meeting Minutes December 5, 2024, 6:00 pm Page 9 of 11  Nay: None 19. First Extension to the Annual Pavement Marking Contract with Pope Striping Corporation and Volunteer Paving, LLC. Jim Kerr, Transportation Director, presented a Council Communication and requested Cquncil approve contracts with Pope Striping Corp and Volunteer Paving, LLC to be extended for an additional year. Ms. Scales Harris made a motion to approve Pope Striping Corp . and Volunteer Paving, LLC contract extensions. 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 20. Amendment No. 2 to the Annual Traffic Signal Maintenance and Electrical Contract. Jim Kerr, Transportation Director, presented a Council Communicat ion and requested Council approve Amendment No. 2 of the Traffic Signal and Electrical Maintenance Contract with S&W Electrical Contractors, Inc. The contract is typically used for installation and maintenance of traffic signals systems, interstate lighting, and general electrical work for various departments. Mr. Maxwell made a motion to approve Amendment No. 2 with S&W Electrical Contractors, Inc. 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 Shacklett, Kirt Wade, Shawn Wright, Shane McFarland Nay: None Board and Commission Appointments No board and commission appointments were presented. Licensing 21. Beer Permits. Amanda DeRosia, Interim Finance Director, presented a Co uncil Communication regarding beer permits. Four regular beer permits were presented: t wo new locations, one for a restaurant located at 208 West Main Street and one for a grocery/market locat ed at 2305 Medical Center Parkway, and two ownership/name changes, one for a restaurant located at 451 North Thompson Lane, Suite A and one for a grocery/market located at 2430 South Church Street. Applicants met requirements for the permits and were recommended for approval pending final building and codes inspections. City Council Meeting Minutes December 5, 2024, 6:00 pm Page 10 of 11  Mr. Wade made a motion to approve the permits. Mr. Wright seconded the motion. Upon roll call, the motion was passed byJhe 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 Mr. Wright announced the Murfreesboro Christmas Parade was Sunday, December 8, 2024, at 2:00 p.m. Mr. Gore reminded the Council of the upcoming Council Meetings including a workshop on December 12, 2024, and regular meeting on December 19, 2024. Adjourn There being no further business, Mayor McFarland adjourned this meeting at 7:19 p.m. ..~--- SHANE MCFARLAND MAYOR ATTEST: APPROVED BY COUNCIL: -sa.'C\\X).~ °' ,d!)-a_$ City Council Meeting Minutes December 5, 2024, 6:00 pm Page 11 of 11