City Council

July 18, 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, July 18, 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 Jennifer Vickery, Assistant Finance Director Matthew Blomeley, Assistant Planning Director Mayor McFarland commenced the meeting with a prayer and invited all the students from Discovery School in the audience to lead those present with the Pledge of Allegiance. Mayor McFarland recognized members of the City School System and congratulated the winners of the National Champion Quiz Bowl and their families. Mr. Greg Tucker, Rutherford County Historian, presented to the Council a lesser heard story of Sam Davis regarding his work as a spy and his association with Henry Shaw, another spy. Mayor McFarland acknowledged David Arthurton of Troop 441 who was working on obtaining his Citizenship Badge and wished him luck. The Consent Agenda was presented to the Council for approval: 1. CIP Funds Transfer (Finance) 2. Final Change Order for Kingdom Drive (Engineering) 3. Final Change Order for Perlino Drive Bridge and Approaches (Engineering) 4. City Paving Contract (Specialty Paving) Change Order #2 (Engineering) 5. Annual Concrete and Storm Drainage Contract (Engineering) 6. Contract Extension for Laundry and Dry-Cleaning Services (Police/Fire) 7. Request for a Banner to hang across East Main Street: Annual Uncle Dave Macon Days July 2, 2020 to July 13, 2020 (Street) 8. USGS Joint Funding Agreement, East Fork Stones River Stream Monitoring (Water Resources) 9. Raw Water Pump Replacements at SRWTP-Final Balancing Change Order No. 1 (Water Resources) (Insert letters from Finance, Engineering (4), Police/Fire, Street, and Water Resources (2) Departments here.)  July 18, 2019 Page 2 Mr. LaLance made a motion to approve the Consent Agenda. Mr. Shacklett 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 July 18, 2019 here regarding Zoning Ordinance Amendment: G-I General Industrial.) An ordinance, entitled “ORDINANCE 19-O-14 amending the 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 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; City of Murfreesboro Planning Department, applicant [2019-803],” was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. Martin. Upon roll call said ordinance was 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-O-14 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated July 18, 2019 here regarding amendment to the Sign Ordinance to allow institutional group assembly uses to be eligible for PSO zoning.) An ordinance, entitled “ORDINANCE 19-O-15 amending Murfreesboro City Code, Appendix A, Section 24, Article V, dealing with planned signage overlay; City of Murfreesboro Building and Codes Department, applicant [2019-806],” was read to the Council and offered for passage on second and final reading upon motion made by Mr.  July 18, 2019 Page 3 Martin, seconded by Mr. Shacklett. Upon roll call said ordinance was 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-O-15 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated July 18, 2019 here regarding Sign Ordinance Amendment: Building Entry Signs, Banners, and Institutional Group Assembly Uses.) An ordinance, entitled “ORDINANCE 19-O-16 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; City of Murfreesboro Building and Codes Department, applicant [2019-805],” was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. Upon roll call said ordinance was 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-O-16 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated July 18, 2019 here with regards to scheduling public hearings regarding a zoning application to the Spring Creek PRD [2019-416]; zoning application for 2.18 acres along Manson Pike [2019-417]; zoning application for 2.56 acres along West Northfield Boulevard [2017-439]; Annexation Petition and Plan of Services for 18.2 acres along Florence Road [2019-506]; zoning application for 11.01 acres along Florence Road [2019-420]; zoning application for 1.2 acres along Bridge Avenue [2019-404]; zoning application for 0.4 acres along North Maple Street [2019-418]; zoning application for 13.9 acres along North TN Boulevard [2019-419]; zoning application for 2.88 acres at 1126 Rucker Lane  July 18, 2019 Page 4 [2019-409]; and to reschedule a public hearing regarding a Zoning Ordinance amendment to Section 24 [2019-802].) The following RESOLUTION 19-R-PH-24 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-PH-24 here to schedule a public hearing for August 22, 2019 to consider a proposed amendment to approximately 74.5 acres in the Spring Creek Planned Residential Development (PRD) District located along Asbury Lane; Beazer Homes, LLC, applicant [2019-416].) The following RESOLUTION 19-R-PH-25 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-PH-25 here to schedule a public hearing for August 22, 2019 to consider a proposed amendment to rezone approximately 2.18 acres along Manson Pike from Residential Multi-Family Sixteen (RM-16) District and Gateway Design Overlay One (GDO-1) District to Commercial Fringe (CF) District and Gateway Design Overlay One (GDO-1) District; Egbert Rebeiro, applicant [2019-417].) The following RESOLUTION 19-R-PH-26 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-PH-26 here to schedule a public hearing for August 22, 2019 to consider a proposed amendment to rezone approximately 2.56 acres along West Northfield Boulevard and Sulphur Springs Road  July 18, 2019 Page 5 from Single-Family Residential Ten (RS-10) District to Planned Commercial Development (PCD) District (Sanders Corner PCD); Henry and Linda Brendle, applicants [2019-439].) The following RESOLUTION 19-R-PH-27 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-PH-27 here to schedule public hearings for August 22, 2019 to consider (1) adoption of a Plan of Services for and annexation of 18.2 acres and (2) zoning of approximately 11.01 acres along Florence Road to Planned Residential Development (PRD) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Saraswat Family Trust and Alcorn Properties, LLC, applicants [2019-506 and 2019-420].) The following RESOLUTION 19-R-PH-28 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-PH-28 here to schedule a public hearing for August 22, 2019 to consider a proposed amendment to rezone approximately 1.2 acres along Bridge Avenue and Power Avenue from Residential Multi-Family Twelve (RM-12) District to Planned Residential Development (PRD) District (Bridge Avenue Village PRD); Mustafa Shaban, applicant [2019-404].) The following RESOLUTION 19-R-PH-29 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  July 18, 2019 Page 6 (Insert RESOLUTION 19-R-PH-29 here to schedule a public hearing for August 22, 2019 to consider a proposed amendment to rezone approximately 0.4 acres along North Maple Street and West Lokey Avenue from Residential Duplex (RD) District to Planned Residential Development (PRD) District (Maple Key Townhomes PRD); Buford Powell, applicant [2019-418].) The following RESOLUTION 19-R-PH-30 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-PH-30 here to schedule a public hearing for August 22, 2019 to consider a proposed amendment to rezone approximately 13.9 acres along North Tennessee Boulevard from Commercial Fringe (CF) District to Planned Residential Development (PRD) District (Brookwood Point PRD); Buford Powell, applicant [2019-419].) The following RESOLUTION 19-R-PH-31 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-PH-31 here to schedule a public hearing for August 22, 2019 to consider a proposed amendment to approximately 2.88 acres in the Marymont Springs Planned Unit Development (PUD) District located at 1126 Rucker Lane; Jeff and Sherris Brown, applicants [2019-409].) Mr. LaLance made a motion to remove the public hearing scheduled for August 29, 2019, set by Council on May 16, 2019 by RESOLUTION 19-R-PH-17, to consider amending Appendix A-Zoning, Section 24, Overlay District Regulations pertaining to the City Core Overlay Zoning District. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the City Attorney was presented to the Council: (Insert letter dated July 18, 2019 here with regards to acquisition of pedestrian walkway to Salem Elementary School.)  July 18, 2019 Page 7 Mr. Adam Tucker, City Attorney, presented the recommendation to approve acquisition and authorize condemnation of a vacant parcel of Southern Meadows Subdivision for the construction of a pedestrian pathway to Salem Elementary School. Mr. Tucker advised Council that the cost of acquisition will be nominal and that the construction costs will be approximately $25,000. Mr. Shacklett made a motion to approve acquisition and authorize condemnation of vacant abandoned parcel in Southern Meadows Subdivision. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. The following letter from the City Manager was presented to the Council: (Insert letter dated July 18, 2019 here with regards to agreement to secure economic development consulting services.) Mr. Craig Tindall, City Manager, presented the agreement to secure economic development consulting services with Mr. Jim Colson and AC Economic LLC in the amount of $135,000. Mr. LaLance made a motion to approve the agreement. Mr. Smotherman seconded the motion and all members of the Council voted “Aye” except Vice-Mayor Scales Harris and Mr. Martin who voted “Nay”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated July 18, 2019 here with regards to Beer Permit Applications for Steakhouse Five, 1500 Medical Center Pkwy., Ste 1K and Mellow Mushroom, 2955 S. Rutherford Blvd.; and Special Event Permits for Main Street Murfreesboro/Rutherford County, Inc., 225 N. Academy St.) Mr. Wade made a motion to approve Beer Permits for Steakhouse Five, 1500 Medical Center Parkway, Suite 1K (New Location), and Mellow Mushroom, 2955 South Rutherford Boulevard (Ownership Change), subject to all building and codes inspections being met; and Special Event Permits for Main Street Murfreesboro/Rutherford County Inc., on July 27, 2019 at 225 North Academy Street. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to appoint Ms. Cindy Nance (term expires July 31, 2020) to the Pension Committee as employee representation. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The Assistant Finance Director announced that there were not any statements to be considered.  July 18, 2019 Page 8 There being no further business, Mayor McFarland adjourned this meeting at 7:31 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER