City Council

July 25, 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 25, 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 Melissa Wright, City Recorder/ Finance Director David Ives, Deputy City Attorney Darren Gore, Assistant City Manager/ Utility Enterprise Sam Huddleston, Executive Director Development Services Angela Jackson, Executive Director Community Services Donald Anthony, Planning Director Robert Holtz, Building and Codes Director Matthew Blomeley, Assistant Planning Director Mark Owens, St. Clair Street Senior Center Superintendent Bo Jones, Facilities Superintendent Vice-Mayor Scales Harris commenced the meeting with a prayer and led those present with the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Taxiway F Area Development Grant (Airport) 2. Mandatory Referral for Abandonment of a Drainage and Detention Easement north of Joe B. Jackson Parkway (Planning) (Insert letters from Airport and Planning 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 Planning Director was presented to the Council: (Insert letter dated July 25, 2019 here regarding fee for Zoning Verification Letters.) Mr. Donald Anthony, Planning Director, presented the recommendation of the Planning Department to approve the creation of a new fee schedule for zoning verification letters to ensure that the Planning Department can recover a portion of the costs for producing these letters and to make sure the department can continue to provide useful information in a timely manner. The following RESOLUTION 19-R-17 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.  July 25, 2019 Page 2 Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-17 here setting type and amount of Zoning Verification Letter Fees.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated July 25, 2019 here regarding Plan of Services, annexation, and zoning for approximately 85.6 acres and 83 acres, respectively located along Lee Lane.) Mr. Donald Anthony, Planning Director, presented the unanimous recommendation of the Planning Commission to approve the Plan of Services, the requested annexation, and the requested zoning. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services or annexation for approximately 85.6 acres located along Lee Lane, step forward to the podium. Ms. Jo Ann Plough, 2232 Elam Road, opposed the proposed zoning, stating that she needed clarification on exactly where the parcels of land were and that there should not be any additional traffic brought to this area. There was no one else present who wished to speak for or against the proposed Plan of Services or annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Anthony addressed questions regarding the proposed area for zoning and assured Council that there was no plan to allow trucks on Lee Lane. Mr. LaLance questioned if there was a plan for dealing with increased traffic when the property was eventually developed since it was zoned as heavy industrial. Council discussed potential solutions regarding increased traffic from the proposed zoning with staff. The following RESOLUTION 19-R-PS-23 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: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade  July 25, 2019 Page 3 Shane McFarland Nay: None (Insert RESOLUTION 19-R-PS-23 here to adopt a Plan of Services for approximately 85.6 acres located along Lee Lane; James Jernigan and Virginia Jernigan, applicants [2019-505].) The following RESOLUTION 19-R-A-23 was read to the Council and offered for adoption upon motion made by Mr. LaLance, 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-A-23 here to annex approximately 85.6 acres located along Lee Lane; James Jernigan and Virginia Jernigan, applicants [2019-505].) Mr. Matt Taylor, SEC Inc., presented the proposed plan regarding the zoning of 83 acres located along Lee Lane. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning for 83 acres located along Lee Lane, step forward to the podium. Mr. Bruce White, 1819 Lee Lane, opposed the proposed zoning stating that the increased noise and light from the development would be too close to his home and that the berm/buffer distance is not wide enough. Ms. Jo Ann Plough, 2232 Elam Road, opposed the proposed zoning stating that the increased traffic from the development would decrease her quality of life and that there was a conflict of interest with the developer and the City Attorney’s office. Mr. Richard Baines, 1319 Parkview Terrace, supported the proposed zoning stating that the buildings in the development would act as noise buffers due to the heavy insulation they are made with and that there is the potential in the plans to allow wildlife to congregate. Ms. Diane Parker, 2101 Wimbledon Drive, opposed the proposed zoning stating that it will decrease her property value and limit who she will be able to sell her property to in the future. There was no one else present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed.  July 25, 2019 Page 4 Mr. Adam Tucker, City Attorney, assured Council that neither he nor any of his staff in any way represented the interests of the developers. The only client they represented was the City. Council engaged in discussion and asked questions of Mr. Anthony and Mr. Taylor regarding berm height and width; the effectiveness of concrete retainer walls versus earthen berms; and the idea that there is a conflict of interest regarding the Council and the developer. Mr. Shacklett asked Staff, the developer, and the applicant if this area is planned to become a switching yard for the CSX Corporation. He was advised that it was not. An ordinance, entitled “ORDINANCE 19-OZ-23 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 83 acres along Lee Lane as Heavy Industrial (H-I) District simultaneous with annexation; Brian Berryman, applicant [2019-414],” 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 July 25, 2019 regarding Plan of Services, annexation, and zoning for approximately 3.1 acres along Shelbyville Pike.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the Plan of Services, the requested annexation, and the requested zoning. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services or the proposed annexation for approximately 3.1 acres located along Shelbyville Pike, 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, Mayor McFarland declared the public hearing closed.  July 25, 2019 Page 5 The following RESOLUTION 19-R-PS-20 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. LaLance. 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-PS-20 here to adopt a Plan of Services for approximately 3.1 acres located along Shelbyville Pike; Douglas Dales, applicant [2019-504].) The following RESOLUTION 19-R-A-20 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. LaLance. 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-A-20 here to annex approximately 3.1 acres located along Shelbyville Pike; Douglas Dales, applicant [2019-504].) Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 3.1 acres located along Shelbyville Pike, step forward to the podium. There was no one present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-OZ-20 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 3.1 acres along Shelbyville Pike as Commercial Highway (CH) District simultaneous with annexation; Five Star Joint Venture, applicant [2019-411],” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Wade. 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  July 25, 2019 Page 6 Kirt Wade Shane McFarland Nay: None The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated July 25, 2019 here regarding rezoning approximately 20.06 acres located along New Salem Highway and Middle Tennessee Boulevard.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to rezone approximately 20.06 acres located along New Salem Highway and Middle Tennessee Boulevard from Heavy Industrial District (H-I) to Light Industrial District (L-I), pending a public hearing. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning to Light Industrial (L-I) District, step forward to the podium. There was no one present who wished to speak for or against the proposed amendment to the Zoning Ordinance and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-OZ-21 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 20.06 acres located east of New Salem Highway and south of Middle Tennessee Boulevard from Heavy Industrial (H-I) District to Light Industrial (L-I) District; Newton and James Molloy Families, applicants [2019-413],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, 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 July 25, 2019 here regarding rezoning approximately 14.99 acres located along New Salem Highway.)  July 25, 2019 Page 7 Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to rezone approximately 13.04 acres located along New Salem Highway and Middle Tennessee Boulevard from General Office District (OG) and Residential Multi-Family 16 District (RM-16) to Single-Family Residential Attached District, Suburban Townhouse (RS-A Type 2) and to rezone approximately 1.95 acres from Single-Family Residential District 15 (RS-15) to Single-Family Residential District 6 (RS-6), pending a public hearing. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning to RS-A Type 2 (13.04 acres and RS-6 (1.95 acres), step forward to the podium. Ms. Shauna Yancey, 2869 Thompson Road, opposed the proposed rezoning stating that the higher density would interfere with the rural lifestyle of the current residents. 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-22 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 an area located along New Salem Highway, approximately 13.04 acres from General Office (OG) District and Residential Multi-Family Sixteen (RM-16) District to Single-Family Attached, Suburban Townhouse (RS-A Type 2) District and approximately 1.95 acres from Single-Family Residential Fifteen (RS-15) District to Single- Family Residential Six (RS-6) District; Tim McClure, applicant [2019-412],” 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 Mr. Wade had prior commitments and was excused from the Council session at this time. The following letter from the Building and Codes Director was presented to the Council:  July 25, 2019 Page 8 (Insert letter dated July 25, 2019 here with regards to amendment of City Code pertaining to Electrical Contractor licensing laws and regulations.) Mr. Robert Holtz, Building and Codes Director, presented the recommendation of the Murfreesboro Board of Electrical Examiners to amend Section 11 of the City Code to comply with State law; increase the efficiency of the department; and change the renewal month for electrical licenses to January. An ordinance, entitled “ORDINANCE 19-O-19 amending the Murfreesboro City Code, Chapter 11, Electricity, Sections 11-4.1, 11-6, 11-9, 11-10, 11-15, 11-51, and 11-52, dealing with amendments to the National Electrical Code and the City’s permit process for electrical work,” 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 Shane McFarland Nay: None The following letter from the Executive Director of Community Services was presented to the Council: (Insert letter dated July 25, 2019 here with regards to Commission oversight of St. Clair Street Senior Center.) Mrs. Angela Jackson, Executive Director of Community Services, introduced Mr. Mark Owens, Superintendent of the Senior Center, and presented the recommendation to approve the ordinance granting the Parks and Recreation Commission oversight over the St. Clair Street Senior Center. An ordinance, entitled “ORDINANCE 19-O-18 amending the Murfreesboro City Code, and Chapter 21.5, Parks and Recreation, Article II, Parks and Recreation Commission and Chapter 2, Administration, Article XV, St. Clair Street Senior Center Commission, regarding oversight of the St. Clair Street Senior Center and its programs,” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. 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 Shane McFarland  July 25, 2019 Page 9 Nay: None The following letter from the Facilities Superintendent was presented to the Council: (Insert letter dated July 25, 2019 here with regards to HVAC Preventative Maintenance Contract.) Mr. Bo Jones, Facilities Superintendent, presented the recommendation to approve the contract for preventative maintenance for HVAC equipment covering twenty-seven structures with Bernhard MCC in the amount of $76,529. Mr. Shacklett made a motion to approve the contract with Bernhard MCC. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated July 25, 2019 here with regards to condemnation of sanitary sewer easement.) Mr. Darren Gore, Assistant City Manager of Utility Enterprises, presented the recommendation of the Water Resources Department to approve obtaining a sanitary sewer easement for the Armstrong Valley Road Sewer Project by condemnation with no fiscal impact to the City. Mr. LaLance made a motion to approve the condemnation for the Armstrong Valley Road Sewer Project. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated July 25, 2019 here with regards to Beer Permit Applications for Kwik Mart, 817 NW Broad St.; Two J’s Grille, 3242 Memorial Blvd.; Bad Daddy’s Burger Bar #236, 2243 Medical Center Pkwy., Suite B; K II, 1617 Bradyville Pike; and a Special Event Permit for MTSU Foundation.) Mr. LaLance made a motion to approve Beer Permits for Kwik Mart, 817 North West Broad Street (Ownership Change); Two J’s Grille, 3242 Memorial Boulevard (New Location); Bad Daddy’s Burger Bar #236, 2243 Medical Center Parkway, Suite B (New Location); K II, 1617 Bradyville Pike (Ownership Change), subject to all building and codes inspections being met, and a Special Event Permit for the MTSU Foundation on 08/10/19 at 746 East Main Street. Mr. Martin seconded the motion and all members of the Council present voted “Aye”. The Finance Director announced that there were not any statements to be considered.  July 25, 2019 Page 10 Under other business, Council Member Shacklett announced the upcoming Main Street Block Party and Mayor McFarland announced the upcoming Ribbon Cutting at the new Salem Elementary School. There being no further business, Mayor McFarland adjourned this meeting at 8:37 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER