City Council

May 16, 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, May 16, 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 David Ives, Deputy City Attorney Melissa Wright, City Recorder/ Finance Director Darren Gore, Assistant City Manager/ Utility Enterprise Gary Whitaker, Assistant City Manager/ Development and Coordination Donald Anthony, Planning Director Scott Campbell, Murfreesboro City Schools/ Technology Supervisor Mr. LaLance commenced the meeting with a prayer and led those present with the Pledge of Allegiance. Mayor McFarland announced that the Police Officers Memorial Day Ceremony was held at police headquarters to honor those law enforcement officers that had died in the line of duty. Mayor McFarland declared that today was to be known as “Postman Pat Duncan Day” in the City of Murfreesboro to honor Postman Patrick Duncan for over twenty years of downtown mail delivery. The Consent Agenda was presented to the Council for approval except for item four which was pulled: 1. Purchase Six Replacement Scoreboards (Parks & Recreation) 2. Agreement for the Purchase of Bulk Fuel (Fleet) 3. Banner Request to hang across East Main Street: Bruce Gilley Memorial Foundation (July 21-31, 2019) (Street) 4. Reimburse Main Street for Purchase of Downtown Banners (Community Services) (Pulled) 5. CIP Funds Transfer (Finance) 6. Professional Services Contract for Engineering Analysis of Sewer Flow Monitoring (Water Resources) 7. Asphalt Purchases Report (Water Resources) 8. Sewer Replacement and Upsizing with Mainstay Suites Project (Water Resources) 9. Purchase of Crain and Truck Bed (Water Resources)  May 16, 2019 Page 2 10. Turbidimeter and Distribution Monitoring Panel Replacements (Water Resources) 11. Purchase of Three WRRF Aerators (Water Resources) 12. Water Resources and Stormwater Funds FY 19 Audit (Water Resources) (Insert letters from Parks & Recreation, Fleet, Street, Finance & Water Resources (7) Departments 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 May 16, 2019 here with regards to rezoning approximately 1.4 acres located along Mercury Boulevard [2019-407].) An ordinance, entitled “ORDINANCE 19-OZ-06 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 1.4 acres located along Mercury Boulevard from Planned Commercial Development (PCD) District to Commercial Highway (CH) District; Pradeep Agnihotri, applicant [2019-407],” which passed first reading on May 2, 2019, was read to the Council and offered for passage on second and final reading, upon motion made by Mr. Wade, seconded by Mr. Martin. Said ordinance so passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 19-OZ-06 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 16, 2019 here with regards to rezoning approximately 90.56 acres located along New Salem Highway and Clearidge Drive [2019-406].) An ordinance, entitled “ORDINANCE 19-OZ-09 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 90.56 acres located 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-  May 16, 2019 Page 3 Family Residential Six (RS-6) District; Vision Development, applicant [2019-406]” which passed first reading on May 2, 2019, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Martin, seconded by Mr. LaLance. Said ordinance so passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 19-OZ-09 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 16, 2019 here with regards to rezoning approximately 4.9 acres along Old Lascassas Road and Greenland Drive to PUD (College Pointe Center PUD) [2018-420].) Mr. Donald Anthony, Planning Director, presented the unanimous recommendation of the Planning Commission to approve the rezoning. Mr. Anthony stated that Council had deferred the vote for this proposed plan on September 20, 2018 after conducting a public hearing citing concerns with security, safety, and apartment housing leasing. Mr. Anthony announced that the revised pattern book for the project has incorporated changes that should address any concerns the Council had. An ordinance, entitled “ORDINANCE 18-OZ-50 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 4.9 acres along Old Lascassas Road and Greenland Drive from Single-Family Residential Ten (RS-10) District and Residential Multi- Family Sixteen (RM-16) District to Planned Unit Development (PUD) District (College Pointe Center PUD); Rajesh Aggarwal, applicant [2018-425],” was read to the Council, and offered for passage on first reading upon motion made by Mr. Martin, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: Rick LaLance  May 16, 2019 Page 4 The following letter from the Assistant City Manager of Utility Enterprise, was presented to the Council: (Insert letter dated May 16, 2019 here with regards to Cross-Connection Control Testing Charge Increase.) The following RESOLUTION 19-R-09 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-09 here with regards to Cross-Connection Control Testing Charge Increase.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 16, 2019 here with regards to public hearing for rezoning approximately 3.55 acres located along Hope Way and the West Northfield Boulevard extension [2019-410].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-10 adopted by the City Council on April 18, 2019, to consider amending the Zoning Ordinance and Zoning Map of the City of Murfreesboro to rezone approximately 3.55 acres along the West Northfield Boulevard extension and Hope Way from Mixed Use (MU) District and Gateway Development Overlay Three (GDO-3) District to Single-Family Residential Fifteen (RS-15) District; New Vision Baptist Church of Murfreesboro, Inc., applicant [2019-410]. Notice of said public hearing was published in the April 30, 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 rezoning of approximately 3.55 acres located along Hope Way and the West Northfield Boulevard extension, pending a public hearing before Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning step forward to the podium. Mr. Ross List, 4410 Mordecai Avenue, opposed the proposed rezoning stating that there is already too much traffic, that this would create even more, and that the solemnity of the Battlefield needs to be preserved.  May 16, 2019 Page 5 There was no one else present who wished to speak for or against the proposed rezoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-OZ-10 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 3.55 acres along the West Northfield Boulevard extension and Hope Way from Mixed Use (MU) District and Gateway Development Overlay Three (GDO-3) District to Single-Family Residential Fifteen (RS-15) District; New Vision Baptist Church of Murfreesboro, Inc., applicant [2019-410],” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Martin. 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 18, 2019 here with regards to scheduling a public hearing regarding a Zoning Ordinance amendment to Sections 14 and 22 and Charts 1 and 2 [2019-803], pertaining to industrial uses; two Zoning Ordinance amendments to Section 24 [2019-806] and [2019 -802], pertaining to Overlay District Regulations; and a Sign Ordinance amendment to Sections 25.2-2, 25.2-25, and 25.2- 26 [2019-805].) The following RESOLUTION 19-R-PH-14 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-PH-14 here to schedule a public hearing for June 20, 2019 to consider amending Murfreesboro City Code, Appendix A-Zoning, Section 9, Standards for Special Use Permits; Section 13, Planned Development Regulations; Section 14, Districts Established; Section 18, Regulations of General Applicability; Section 22, Industrial Districts; Section 24, Overlay District Regulations; Section 25, Temporary and Accessory  May 16, 2019 Page 6 Structures and Uses; Chart 5, Required Loading Spaces by Use and Zoning District; Section 27, Landscaping and Screening; Chart 1 and Chart 1 Endnotes, Uses Permitted by Zoning District; Chart 2 and Chart 2 Endnotes, Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios; Table 1, Adjacent and Proposed Districts; and Table 2, Buffer Zone Requirements; pertaining to industrial zoning districts, [2019-803]; City of Murfreesboro Planning Department, applicant.) The following RESOLUTION 19-R-PH-15 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-PH-15 here to schedule a public hearing for June 20, 2019 to consider amending Murfreesboro City Code, Appendix A, Section 24, Article V, dealing with planned signage overlay, [2019-806]; City of Murfreesboro Building and Codes Department, applicant.) The following RESOLUTION 19-R-PH-16 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-PH-16 here to schedule a public hearing for June 20, 2019 to consider amending Murfreesboro City Code, Chapter 25.2- Signs, Sections 25.2-2, 25.2-25, and 25.2-26, dealing with building entry signs, pendants, institutional group assemblies; [2019- 805]; City of Murfreesboro Building and Codes Department, applicant.) The following RESOLUTION 19-R-PH-17 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett  May 16, 2019 Page 7 Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-PH-17 here to schedule a public hearing for August 22, 2019 to consider amending Murfreesboro City Code, Appendix A-Zoning, Section 24, Overlay District Regulations, pertaining to the City Core Overlay zoning district, [2019-802]; City of Murfreesboro Planning Department, applicant.) The following letter from the Assistant City Manager, Utility Enterprise, was presented to the Council: (Insert letter dated May 16, 2019 here with regards to Mill Street, Tiger Hill, and Halls Hill Storage Tank Repair and Recoating Project.) Mr. Darren Gore, Assistant City Manager, Utility Enterprise, presented the recommendation of the Water Resources Department to repair and recoat the three water storage tanks. The Mill Street tank work is estimated to cost $1,600,000, the Tiger Hill Tank $615,000, and the Halls Hill tank $155,000 with the quote coming from SSR. Vice-Mayor Scales Harris made a motion to approve the Mill Street, Tiger Hill, and Halls Hill Storage Tank Repairs and Recoating Project to be funded from FY20 Capital Expenses. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Technology Supervisor, Murfreesboro City Schools, was presented to the Council: (Insert letter dated May 16, 2019 here with regards to Salem Elementary Intercom Speakers.) Mr. Scott Campbell, Technology Supervisor, Murfreesboro City Schools, presented the recommendation to purchase intercom speakers for Salem Elementary from WrightCore Inc. for $54,941 under the National IPA (formerly TCPOV) Contract. Mr. Martin made a motion to purchase the intercom speakers for Salem Elementary. Mr. LaLance 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 May 16, 2019 here with regards to Beer Permit Application for Toot’s West, 4213 Franklin Road and Special Event Permits for Business Education Partnership Foundation of Rutherford County for an event on 6/1/19 at 1272 Garrison Dr. and for Nourish Food Bank for an event on 6/22/19 at 1809 Memorial Blvd.) Mr. Wade made a motion to approve a Beer Permit for Toot’s West, 4213 Franklin Road (New Business), subject to all building and codes inspections being met, and approve Special Event Permits for Business Education Partnership Foundation of Rutherford County for an event on 6/1/19 at 1272 Garrison Drive and for Nourish Food Bank for an event on  May 16, 2019 Page 8 6/22/19 at 1809 Memorial Boulevard. Mr. Martin seconded the motion, and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Vice-Mayor Scales Harris made a motion to appoint Mr. Richard Reeves (term expires May 16, 2021) to the Rutherford County Board of Equalization to fill the vacancy left by Mr. Michael McDonald. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The Finance Director announced that there were not any statements to be considered. There being no further business, Mayor McFarland adjourned this meeting at 7:42 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER