City Council

March 21, 2019 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 7:00 p.m. on Thursday, March 21, 2019, with Vice-Mayor Madelyn Scales Harris present and presiding and with the following Council Members present and in attendance, to wit: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Mayor McFarland was absent and excused from this meeting. The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney Melissa Wright, City Recorder/ Finance Director Gary Whitaker, Assistant City Manager/ Development and Coordination Darren Gore, Assistant City Manager/ Utility Enterprise Chris Griffith, Executive Director Public Works Sam Huddleston, Executive Director Development Services Donald Anthony, Planning Director Jim Kerr, Transportation Director Russ Brashear, Assistant Transportation Director Mr. Smotherman commenced the meeting with a prayer followed by the Pledge of Allegiance. Mr. Martin stepped down to the podium to present a Proclamation declaring March 2019 as a month to recognize “National Athletic Training Month”. Mr. Greg Tucker, Rutherford County Historian, gave a historical questions and answers session to the Council with information taken from markers near and around City Hall. The Consent Agenda was presented to the Council for approval: 1. CIP Funds Transfer (Finance) 2. FY 2019 City Manager Approved Budget Amendments (Finance) 3. Middle Tennessee Blvd. Improvement Project - Main Street to Greenland Drive (Transportation) 4. Purchase of a New Excavator and Related Equipment (Street) 5. Purchase of a New Tractor and Rotary Mower (Street) 6. Purchase of a New Sweeper Truck (Street) 7. Purchase of Equipment for Police Vehicles (Police) 8. Request for a Banner to hang across East Main Street: a. Murfreesboro Parks & Recreation for Health and Wellness Expo for Seniors: September 6-13, 2019 (Street) b. Junior League of Murfreesboro’s display for the Hollyday Market Place: November 25 – December 2, 2019 (Street) 9. Request for Additional Position (Administration)  March 21, 2019 Page 2 10. Request to Purchase Nine Vehicles (Parks & Recreation) (Withdrawn) (Insert letters from Finance Department (2), Transportation Department (1), Street Department (5), Police Department (1), and Administration (1) here.) Mr. Smotherman made a motion to approve the Consent Agenda with the exception of Item 10, which was withdrawn. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 21, 2019 regarding rezoning approximately 0.51 acres located along Blackman Road [2018-435].) An ordinance, entitled “Ordinance 18-OZ-68 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 0.51 acres along Blackman Road and Lyle McDonald Court as Highway Commercial (CH) District, simultaneous with annexation; City of Murfreesboro Planning Department, applicant [2018-435],” which passed first reading on January 17, 2019, was read to the Council and offered for passage on second and final reading, upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-68 here.) Vice-Mayor Scales Harris announced that Item 12 on the agenda, second and final reading for Ordinance 18-OZ-56 to zone approximately 39.9 acres along Manson Court and Manson Pike, was pulled by the Planning Department. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 21, 2019 regarding Plan of Services, Annexation, and Zoning for approximately 112.3 acres located along Veals Road [2018-510 & 431].) Mr. Donald Anthony, Planning Director, presented the recommendation of the Planning Commission to approve the Plan of Services, the requested annexation, and the requested zoning. He stated that on November 29, 2018 the Council had conducted a public  March 21, 2019 Page 3 hearing after which Council expressed concerns regarding the creation of an “island” by the annexation plan. Mr. Anthony announced that the new plan had removed the issue. The following RESOLUTION 18-R-PS-61 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 18-R-PS-61 here to adopt a Plan of Services for approximately 112.3 acres located along Veals Road [2018-510].) The following RESOLUTION 18-R-A-61 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 18-R-A-61 here to annex approximately 112.3 acres located along Veals Road [2018-510].) An ordinance, entitled “ORDINANCE 18-OZ-61 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 109.1 acres along Veals Road as Single-Family Residential Six (RS-6) District (approx. 18.4 acres), Single Family Residential Ten (RS-10) District (approx. 85.8 acres), and Single Family Residential Twelve (RS-12) District (approx. 4.8 acres), simultaneous with annexation; Philip McAfee, applicant [2018-431],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. Martin. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Ronnie Martin Bill Shacklett Kirt Wade Madelyn Scales Harris Nay: Eddie Smotherman Rick LaLance  March 21, 2019 Page 4 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 21, 2019 here with regards to Plan of Services and Annexation for approximately 1.8 acres located along Joe B Jackson Parkway [2018-512]) Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-02 adopted by the City Council on January 31, 2019, to consider adoption of a Plan of Services for and annexation of approximately 1.8 acres along Joe B. Jackson Parkway and Annell Drive which have been proposed to be annexed to the City; Ginger McCreary, applicant [2018-512]. Notice of said public hearing was published in the March 5, 2019 issue of the local newspaper as follows: (Insert notice here) Mr. Donald Anthony, Planning Director, presented the unanimous recommendation of the Planning Commission to approve the Plan of Services and annexation, and that there was no companion zoning request for this annexation. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation of approximately 1.8 acres located along Joe B Jackson Parkway step forward to the podium. There was no one present who wished to speak for or against the proposed Plan of Services or Annexation and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed. The following RESOLUTION 19-R-PS-02 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 19-R-PS-02 here with regards to Plan of Services for approximately 1.8 acres located along Joe B Jackson Parkway [2018-512].) The following RESOLUTION 19-R-A-02 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett  March 21, 2019 Page 5 Kirt Wade Madelyn Scales Harris Nay: Eddie Smotherman (Insert RESOLUTION 19-R-A-02 here with regards to annexation for approximately 1.8 acres located along Joe B Jackson Parkway [2018-512].) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 21, 2019 here with regards to Plan of Services, Annexation, and Zoning for approximately 21.16 acres located along Veterans Parkway [2018-513 & 440].) Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-03 adopted by the City Council on January 31, 2019, to consider (1) adoption of a Plan of Services for and annexation of approximately 21.16 acres and (2) zoning of approximately 19.94 acres along Veterans Parkway to Planned Unit Development (PUD) District (The Cottages at Snell Cove PUD); Fred Snell, Jr. and Greenland Partners, LLC, applicants [2018-513 and 2018-440]. Notice of said public hearing was published in the March 5, 2019 issue of the local newspaper as follows: (Insert notice here) Mr. Donald Anthony, Planning Director, presented the unanimous recommendation of the Planning Commission to approve the Plan of Services, Annexation, and Zoning, pending a Public Hearing before the Council. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services or annexation of approximately 21.16 acres located along Veterans Parkway step forward to the podium. There was no one present who wished to speak for or against the proposed Plan of Services or Annexation and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed. The following RESOLUTION 19-R-PS-03 was read to the Council and offered for adoption upon motion made by Mr. Martin, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None  March 21, 2019 Page 6 (Insert RESOLUTION 19-R-PS-03 here with regards to Plan of Services for approximately 21.16 acres located along Veterans Parkway [2018-513].) The following RESOLUTION 19-R-A-03 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 19-R-A-03 here with regards to annexation for approximately 21.16 acres located along Veterans Parkway [2018-513].) Mr. Anthony and Mr. Rob Molchan, SEC Inc., presented to the Council plans for the Cottages at Snell Cove and answered questions regarding the zoning of the proposed 21.16 acres. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed Zoning of approximately 21.16 acres located along Veterans Parkway step forward to the podium. The following were opposed to the rezoning of 21.16 acres along Veterans Parkway because of safety concerns with increased traffic, no streetlights or shoulders, and Kristi Charline Street becoming a thru street: Mr. Kyle Schilling - 1004 Kristi Charline Street Ms. Michelle Thomas - 1123 Kristi Charline Street Mr. Jeremy Kennard - 1000 Kristi Charline Street Ms. Rachel Carney - 1107 Kristi Charline Street Mr. Adam Carney - 1107 Kristi Charline Street Ms. Jerri Boldin - 211 Jon Paul Court Ms. Dena Raffo - 1205 Kristi Charline Street Ms. Marcia Lowe, 205 Jon Paul Court, opposed the rezoning stating that the stub of Kristi Charline Street should be converted to a cul-de-sac. Ms. Kristen Gibson, 1112 Kristi Charline Street, opposed the rezoning offering four solutions that offered alternatives instead of using Kristi Charline Street as an egress. Mr. Gary Lowe, 205 Jon Paul Court, stated that, if the Council lived in the Martha’s Haven subdivision, they would be opposed to the rezoning and implored the Council to vote against the rezoning. There were no others who wished to speak for or against the proposed rezoning and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed.  March 21, 2019 Page 7 Council then entered a discussion regarding the stub streets in the proposed zoning plan, potential solutions for the concerns raised in the public hearing, and asked questions of Mr. Donald Anthony and Mr. Sam Huddleston. An ordinance, entitled “ORDINANCE 19-OZ-03 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 19.94 acres along Veterans Parkway as Planned Type Development (PUD) District (The Cottages at Snell Cove PUD), simultaneous with annexation; Greenland Partners, LLC, applicant [2018-440],” was read to the Council and offered for passage on first reading upon motion made by Mr. Martin, seconded by Mr. Wade. Mr. LaLance made a subsidiary motion to defer the vote on the ordinance, seconded by Mr. Shacklett. Upon roll call said motion failed on first reading by the following vote: Aye: Rick LaLance Bill Shacklett Madelyn Scales Harris Nay: Ronnie Martin Eddie Smotherman Kirt Wade Mr. Martin again made a motion to pass the ordinance on first reading, seconded by Mr. Wade. Upon roll call said ordinance failed on first reading by the following vote: Aye: Ronnie Martin Eddie Smotherman Kirt Wade Nay: Rick LaLance Madelyn Scales Harris Abstain: Bill Shacklett The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 21, 2019 here with regards to scheduling a public hearing for annexation plan of services and annexation petition for segments of Interstate 24, Butler Drive, Elam Road, Joe B Jackson Parkway, John R Rice Boulevard, John Bragg Highway, and Shelbyville Pike right-of-way.) The following RESOLUTION 18-R-PH-64.1 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None  March 21, 2019 Page 8 (Insert RESOLUTION 18-R-PH-64.1 here to schedule a public hearing for May 2, 2019 to consider adoption of a Plan of Services for and annexation of segments of Interstate 24, Butler Drive, Elam Road, Joe B. Jackson Parkway, John R. Rice Boulevard, John Bragg Highway, and Shelbyville Pike right-of-way which have been proposed to be annexed to the City [2018-509]; City of Murfreesboro Fire and Rescue Department, applicant.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated March 21, 2019 here with regards to scheduling public hearings for zoning application along Mercury Boulevard, annexation plan of services and annexation along I-24, annexation plan of services and annexation along S. Rutherford Boulevard, zoning application along S. Rutherford Boulevard, and zoning application along New Salem Highway.) The following RESOLUTION 19-R-PH-06 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 19-R-PH-06 here to schedule a public hearing for May 2, 2019 to consider a proposed amendment to rezone approximately 1.4 acres along Mercury Boulevard from Planned Commercial Development (PCD) District to Commercial Highway (CH) District [2019-407]; Pradeep Agnihotri, applicant.) The following RESOLUTION 19-R-PH-07 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 19-R-PH-07 here to schedule a public hearing for May 2, 2019 to consider adoption of a Plan of Services for and annexation of approximately 8,100 linear feet (57.8 acres) along Interstate 24 right -of-way located between South Church Street (exit 81) and Joe B. Jackson Parkway (exit 84) [2019-502]; City of Murfreesboro Fire and Rescue Department, applicant.)  March 21, 2019 Page 9 The following RESOLUTION 19-R-PH-08 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 19-R-PH-08 here to schedule a public hearing for May 2, 2019 to consider (1) adoption of a Plan of Services for and annexation of approximately 123 acres and (2) zoning of approximately 231.3 acres along South Rutherford Boulevard, Lee Lane, and I-24 to Heavy Industrial (HI) District, including approximately 120.9 acres to be zoned Heavy Industrial (HI) District simultaneous with annexation and approximately 110.4 acres to be rezoned from Commercial Highway (CH) District to Heavy Industrial (HI) District [2019-501 and 2019-405]; Pinnacle Bank, Elizabeth Derryberry and Brian Berryman, applicants.) The following RESOLUTION 19-R-PH-09 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 19-R-PH-09 here to schedule a public hearing for May 2, 2019 to consider a proposed amendment to rezone approximately 90.56 acres along New Salem Highway from Single-Family Residential Fifteen (RS-15) District, Commercial Highway (CH) District, General Office (OG) District, and Residential Multi-Family Sixteen (RM-16) District to Single-Family Residential Six (RS-6) District [2019-406]; Vision Development, applicant.) The following letter from the Transportation Director was presented to the Council: (Insert letter dated March 21, 2019 here with regards to purchasing a new fee collection system for Rover.) Mr. Russ Brashear, Assistant Transportation Director, presented the recommendation of the Transportation Department to purchase state of the art collection equipment that will allow customers to pay via cash, coin, mag-stripe ticket, daily pass, monthly pass, and smart cards. Mr. Shacklett made a motion to approve the purchase of the new fee collection system for Rover with a local share of $21,171 funded from the General Fund. Mr. Martin  March 21, 2019 Page 10 seconded the motion and all members of the Council present voted “Aye”, except Mr. Smotherman who abstained. The following letter from the Transportation Director was presented to the Council: (Insert letter dated March 21, 2019 here with regards to Professional Services for Mercury Boulevard Sidewalk Project Phase 2.) Mr. Jim Kerr, Transportation Director, presented the recommendation of the Transportation Department to approve the low bid contract with Neel Schaffer for Professional Services not to exceed $235,870. Mr. Shacklett made a motion to approve the low bid contract with Neel Schaffer. Mr. Martin seconded the motion and all members of the Council present voted “Aye”, except Mr. LaLance who was not present at this time. Vice-Mayor Scales Harris announced that Item 19 on the agenda, Cooperative Use Agreement with the Tennessee State Soccer Association, had been withdrawn. The following letter from the City Engineer was presented to the Council: (Insert letter dated March 21, 2019 here with regards to the donation of a Gas Line Easement to Atmos Energy.) Mr. Chris Griffith, Executive Director of Public Works/City Engineer, presented the recommendation of the Engineering Department to approve the donation of a Gas Line Easement to Atmos Energy along the Veterans Parkway right-of-way. Mr. Wade made a motion to approve the donation of a gas line easement to Atmos Energy. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”, except Mr. LaLance who abstained. The following letter from the City Engineer was presented to the Council: (Insert letter dated March 21, 2019 here with regards to Lytle Street Phase 2 Change Order #5.) Mr. Chris Griffith, Executive Director of Public Works/City Engineer, presented the recommendation of the Engineering Department to approve the change order with Jarrett Builders in the amount of $486,156 due to an increase in scope of work and safely maintaining traffic. Mr. Shacklett made a motion to approve Change Order #5. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director announced that there were no beer permits, Board or Commission appointments, or statements to be considered. There being no further business, Vice-Mayor Scales Harris adjourned this meeting at 9:07 p.m. Madelyn Scales Harris – VICE-MAYOR  March 21, 2019 Page 11 ATTEST: MELISSA B. WRIGHT - CITY RECORDER