City Council

April 4, 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, April 4, 2019, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney David Ives, Deputy City Attorney Gary Whitaker, Assistant City Manager/ Development and Coordination Donald Anthony, Planning Director Erin Tucker, Budget Director Nate Williams, Parks & Recreation Director Jim Kerr, Transportation Director Chris Lily, Information Technology Director Linda Gilbert, Director of Schools Mr. Wade commenced the meeting with a prayer followed by leading those present with the Pledge of Allegiance. Mayor McFarland recognized Dr. Tom Johns who had passed away earlier in the week and declared Friday, April 5, 2019 as “Dr. Tom Johns Day” in the City of Murfreesboro. Mayor McFarland recognized the Invention Convention Winners from Murfreesboro City Schools who will be advancing to the National Invention Convention. The Consent Agenda was presented to the Council for approval: 1. Purchase of Service Plan for Training Simulator (Police) 2. Purchase of Ballistic Helmets with Non-Ballistic Face Shield (Police) 3. Purchase of a New Mini Excavator (Street) 4. Purchase of Backhoe Loader, Wheel Loader and Equipment (Street) 5. Request to Purchase Nine (9) Vehicles (Parks & Recreation) 6. Contract with TDOT for Match to FTA 5339 Funds (Transportation) 7. Contract Amendment with Mid Cumberland Human Resource Agency (Transportation) 8. FY 2019 City Manager Approved Budget Amendments (Finance) 9. Mandatory Referral for Abandonment of a portion of a Drainage Easement at 424 Golden Bear Court (Planning) 10. Mandatory Referral for Abandonment of a Portion of an Electric Easement north of Bridge Avenue and west of Power Avenue (Planning) 11. Murfreesboro/Rutherford County Continuum of Care Planning Grant Award (Community Development) 12. 2019-2020 Emergency Solutions Grant Application (Community Development) 13. Murfreesboro/Rutherford County Continuum of Care HMIS Capacity Building Grant Application Notice (Community Development)  April 4, 2019 Page 2 (Insert letters from Police Department (2), Street Department (2), Parks & Recreation Department (1), Transportation Department (2), Finance Department (1), Planning Department (2), and Community Development Department (3) here.) Mr. LaLance made a motion to approve the Consent Agenda. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 4, 2019 regarding zoning for approximately 109.1 acres located along Veals Road) An ordinance, entitled “Ordinance 18-OZ-61 amending the Zoning Ordinance and 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 (approximately 18.4 acres), Single-Family Residential Ten (RS-10) District (approximately 85.8 acres), and Single-Family Residential Twelve (RS-12) District (approximately 4.8 acres), simultaneous with annexation; Philip McAfee, applicant [2018-431],” which passed first reading on March 21, 2019, was read to the Council and offered for passage on second and final reading, upon motion made by Mr. Martin, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Abstain: Rick LaLance Mayor McFarland then called for the roll to be recalled for Ordinance 18-OZ-61. Mr. Martin made a motion, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: Rick LaLance Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-61 here.)  April 4, 2019 Page 3 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 4, 2019 here with regards to zoning for approximately 19.94 acres along Veterans Parkway) 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]” which went through a public hearing on March 21, 2019, was read to the Council and offered for passage on first reading. Mr. Shacklett asked the City Attorney to address whether a second public hearing could be held on the matter. Mr. Tucker advised the Council on the options available to them regarding a second public hearing. Mr. Shacklett made a motion to suspend the rules so a second public hearing could be held. Mr. Smotherman was concerned with having a second public hearing during this session of the City Council because it wasn’t advertised as a public hearing and thought that only people who didn’t speak at the last public hearing should be allowed to speak at the next public hearing. Mr. Shacklett made a motion to suspend the rules to allow the Mayor to designate one final person to address the Council regarding issues with Ordinance 19-OZ-03. Vice- Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Mayor McFarland designated Mr. Gary Lowe to address the Council. Mr. Gary Lowe, 205 Jon Paul Court, opposed the rezoning stating that they have done all they can to work with the County, City, developers, and property owner to make them see any other option for this development that doesn’t bring traffic issues and safety concerns to their neighborhood. Mr. Donald Anthony, Planning Director, and Mr. Jim Kerr, Transportation Director, addressed questions from the Council regarding traffic flow and road interconnectivity and the Council then had discussion regarding the proposed project. Mr. Martin made a motion to approve Ordinance 19-OZ-03, seconded by Mr. Smotherman. Upon roll call said Ordinance 19-OZ-03 was passed on first reading by the following vote: Aye: Ronnie Martin  April 4, 2019 Page 4 Eddie Smotherman Kirt Wade Shane McFarland Nay: None Abstain: Madelyn Scales Harris Rick LaLance Bill Shacklett The following letter from the Finance Director was presented to the Council: (Insert letter dated April 4, 2019 here with regards to modification of the 2018-2019 Budget to incorporate expenditure requirements made during the fiscal year) An ordinance, entitled “ORDINANCE 19-O-05 amending the 2018-2019 Budget (3rd Amendment),” was read to the Council and offered for passage on first reading, upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 4, 2019 here with regards to amending the Weston Village PUD) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-04 adopted by the City Council on February 28, 2019 to consider amending the Zoning Ordinance and the Zoning Map of the City, to amend 6.9 acres in the Planned Unit Development (PUD) District located along New Salem Highway and Armstrong Valley Road (Weston Village PUD); Bob Patel and Mike Chaudary, applicants [2019-401]. Notice of said public hearing was published in the March 19, 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 amend the PUD zoning for approximately 6.9 acres located along New Salem Highway and Armstrong Valley Road. Mr. Rob Molchan, SEC, Inc., presented the proposed plans for the Weston Village Development and answered questions from Council.  April 4, 2019 Page 5 Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to the Weston Village PUD come forward to the lectern. Ms. Beverly Flynn, President Weston Village Resident Group, opposed the zoning amendment stating that the new buildings will tower over the existing ones and asked the Council to only allow the new buildings to be two stories. Mr. Gary Middleton, 3122 Avington Way, opposed the zoning amendment stating concerns with increased traffic. Mr. Rick Stora, 3132 Blakely Drive, opposed the zoning amendment stating that the new buildings were much to tall for the area and that the increased traffic would be detrimental for the area. Mr. Mark Barstow, 2709 Avington Court, opposed the zoning amendment stating that the new development style doesn’t fit with the current existing style; the proposed new buildings will dwarf the existing structures; and the amount of incoming condominiums is too high and will lead to traffic concerns. Ms. Laura Phillips, 2818 Avington Court, opposed the zoning amendment stating that the new development style does not match the current style. Ms. Colleen Patterson, 2740 Avington Court, opposed the zoning amendment stating that there aren’t enough green spaces or children’s amenities in the proposed development plan. Mr. Dallas Trudelle, 2915 Morning Mist Court, opposed the zoning amendment stating that the developers have not listened to the existing communities’ concerns and aren’t open to any type of compromise. There were no others who wished to speak for or against the proposed zoning amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Rob Molchan and Matt Taylor, SEC INC., addressed the Council stating that they had heard some of the residents concerns and would make some adjustments to their plans, flipping Phase One and Phase Two; having an established construction entrance; the potential of installing a traffic light; taking style characteristics from the existing buildings, SEC potentially being the point of contact for the project; and answered questions regarding the height of the proposed buildings and the potential for the proposed condos to turn into rental apartments. An ordinance, entitled “ORDINANCE 19-OZ-04 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  April 4, 2019 Page 6 in force and effect, to amend the conditions applicable to approximately 6.9 acres in the Planned Unit Development (PUD) Districted located along New Salem Highway and Armstrong Valley Road (Weston Village PUD) as indicated on the attached map; Bob Patel and Mike Chaudary, applicants [2019-401]”, was read to the Council and offered for passage on first reading upon motion made by Mr. Martin, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Transportation Director was presented to the Council: (Insert letter dated April 4, 2019 here with regards to funding Right of Way and Easement purchases for Bradyville Pike Widening Project.) Mr. Jim Kerr, Transportation Director, presented to the Council the request of the Transportation Department to fund the right of way and easement purchases necessary to construct the Bradyville Pike Project from Broad Street to Rutherford Boulevard and to authorize condemnation in the event the appraised values are not timely accepted. The City’s maximum liability during the right of way phase is $146,878. Mr. LaLance made a motion to approve the funding for the Bradyville Pike widening project. Mr. Wade seconded the motion and all members of Council voted “Aye”. The following letter from the Information Technology Director was presented to the Council: (Insert letter dated April 4, 2019 here with regards to purchase of CityWorks PLL, from True North, to support the City’s Land Management System Solution.) Mr. Chris Lilly, Information Technology Director, presented to the Council the request of the Information Technology Department to purchase CityWorks PLL from True North and to piggyback Rutherford County’s selection of a land management system. The approximate cost for the purchase and implementation of CityWorks PLL is $535,472 shared proportionately with the City, Murfreesboro Water Resources, and M.E.D. Mr. LaLance made a motion to approve the funding for the City’s portion in the amount of $414,990.80 from the 2018 CIP. Vice-Mayor Scales Harris seconded the motion and all members of Council voted, “Aye”. The following letter from the Information Technology Director was presented to the Council:  April 4, 2019 Page 7 (Insert letter dated April 4, 2019 here with regards to Microsoft Enterprise Enrollment for Subscription Renewal of Enterprise Online Services including Office 365 and Email Archiving.) Mr. Chris Lilly, Information Technology Director, presented to the Council the request of the Information Technology Department to renew the enterprise subscription of Microsoft Office 365 and Email Archiving Services for an annual cost of $261,126.36. Vice-Mayor Scales Harris made a motion to approve the funding for renewal of services. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”, except Mr. Wade who was absent at this time. The following letter from the Parks and Recreation Director was presented to the Council: (Insert letter dated April 4, 2019 here with regards to Cooperative Use Agreement with the Tennessee State Soccer Association.) Mr. Nate Williams, Parks and Recreation Director, presented to the Council the request of the Parks and Recreation Department to approve the twenty-year Cooperative Use Agreement with the Tennessee State Soccer Association (TSSA) to relocate their headquarters to Murfreesboro and for improvements to the Richard Siegal Soccer Complex (RSSC). It is anticipated that the Complex enhancement will be funded through the Hotel Tax revenue with an estimated cost of $14.5 million. Mr. Shacklett made a motion to approve the Cooperative Use Agreement. Mr. Smotherman seconded the motion and all members of the Council voted, “Aye”. The following letter from the Director of Schools was presented to the Council: (Insert letter dated April 4, 2019 here with regards to Salem Elementary Classroom and Office Furnishings.) Dr. Linda Gilbert, Director of Schools, presented to the Council the request of the School System to consider using Williamson County Schools public bid for the purchase of office and classroom furnishings for Salem Elementary. The estimated cost of the furnishings is $660,113. Mr. Shacklett made a motion to approve the request. Mr. Martin seconded the motion and all members of the Council voted, “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated April 4, 2019 here with regards to Beer Permit and Special Event Permits) Mr. Wade made a motion to approve a Beer Permit for Docs Grille, 2805 Old Fort Pkwy., Ste. N (Ownership Change); AMC Murfreesboro 16, 2626 Cason Square Blvd. (New Restaurant); and Toot’s West, 4213 Franklin Rd. (New Restaurant), subject to all building  April 4, 2019 Page 8 and codes inspections being met; and approval for the Special Event Permits for United Way at 1522 Sanctuary Place on 5/10/19 and for Sankofa Achievement Center Inc. on 4/12/19 at 804 N. Thompson Lane, Ste. 1A; on 8/9/19 at 107 W. Lytle St.; on 9/13/19 at 118 W. Vine St.; on 9/14/19 at 1900 Medical Center Pkwy., Ste 4D; on 10/26/19 and on 12/7/19 at 1660 Middle TN Blvd. Mr. LaLance seconded the motion and all members of the Council voted “Aye”, except Mr. Smotherman who was absent. The Budget Director announced that there were not any statements to be considered. There being no further business, Mayor McFarland adjourned this meeting at 9:23 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER