City Council

October 24, 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, October 24, 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 Darren Gore, Assistant City Manager/ Utility Enterprise Chris Griffith, Executive Director Public Works/City Engineer Nate Williams, Parks and Recreation Direction Matthew Blomeley, Acting Planning Director Michelle Emerson, Project Engineer Joshua Miller, Administrative Assistant Mr. Wade commenced the meeting with a prayer followed by Boy Scout Troop 538 leading those present with the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Murfreesboro/Rutherford County Continuum of Care Capacity Building Grant Agreement (Community Development) 2. FY2019 (Federal) Community Development Block Grant (CDBG) Award and Agreement (Community Development) 3. CIP Funds Transfer (Finance) 4. Request for a banner to hang across East Main Street: Rutherford County Library System, April 23 to May 2, 2020; YMCA October 16-23, 2020; Murfreesboro Parks & Recreation, St. Clair Senior Center Health and Wellness Expo., October 5-15, 2020 (Street) 5. Contract with Mid-Cumberland Human Resource Agency (Transportation/Rover) (Insert letters from Community Development (2), Finance, Street, & Transportation/Rover here.) 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 City Manager of Economic Development was presented to the Council: (Insert letter dated October 24, 2019 here regarding updated Economic Development Plan/TIF Incentive for East College Street Development.) Mr. Craig Tindall, City Manager, presented the updated Economic Impact Plan and the Tax-Increment Financing (TIF) Incentive that would facilitate Mixed-Use Development  October 24, 2019 Page 2 by One East College and include a new public parking garage. Mr. Tindall explained that the updated plan included newly calculated local tax revenue numbers and both the County Commission and the Industrial Development Board have approved the updated plan. The following RESOLUTION 19-R-24 was read to the Council and offered for adoption upon motion made by Mr. Martin, 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-24 here regarding Amended Economic Impact Plan for East College Street Historic Development Area.) The following letter from the Finance Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to modification of the 2019-2020 Budget.) An ordinance, entitled “ORDINANCE 19-O-39 amending the 2019-2020 Budget (1st Amendment),” regarding grant money that the Fire, Police, and Community Development Departments received during the 2019-2020 Fiscal Year, was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, 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 Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here regarding amending the Marketplace at Savannah Ridge PUD for approximately 24.15 acres located along Shelbyville Pike.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-36 adopted by the City Council on September 19, 2019, to consider a proposed amendment to approximately 24.15 acres in the Planned Unit Development (PUD) District (The Marketplace at Savannah Ridge PUD) located along Shelbyville Pike. Notice of said public hearing was published in the October 8, 2019 issue of a local newspaper as follows: (Insert notice here.)  October 24, 2019 Page 3 Mr. Matthew Blomeley, Acting Planning Director, presented the recommendation of the Planning Commission to approve amending the Marketplace at Savannah Ridge PUD on approximately 24.15 acres located along Shelbyville Pike and introduced Mr. Clyde Rountree, Huddleston-Steele Engineering, and Mr. Stephen Maher, MJM Architects, who presented the proposed plans for the project. 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. There was no one present who wished to speak for or against the proposed amendment to the Marketplace at Savannah Ridge PUD and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-OZ-36 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 amend the conditions applicable to approximately 24.15 acres in the Planned Unit Development (PUD) District (The Marketplace at Savannah Ridge PUD), located along Shelbyville Pike, as indicated on the attached map; Baker Storey McDonald, applicant [2019-422],” 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 Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here regarding rezoning approximately 26.2 acres located along Cherry Lane.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-37 adopted by the City Council on September 19, 2019, to consider a proposed amendment to rezone approximately 26.2 acres along Cherry Lane from Single-Family Residential Fifteen (RS-15) District to Park (P) District. Notice of said public hearing was published in the October 8, 2019 issue of a local newspaper as follows: (Insert notice here.)  October 24, 2019 Page 4 Mr. Matthew Blomeley, Acting Planning Director, presented the unanimous recommendation of the Planning Commission to approve rezoning of approximately 26.2 acres located along Cherry Lane. 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. There was no one 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-37 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 26.2 acres along Cherry Lane from Single- Family Residential Fifteen (RS-15) District to Park (P) District; City of Murfreesboro, applicant [2019-430],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, 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 Kirt Wade Shane McFarland Nay: None The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to Plan of Services, annexation, and zoning for property located along Asbury Lane.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-38 adopted by the City Council on September 19, 2019, to consider (1) adoption of a Plan of Services for and annexation of 11.3 acres and (2) zoning of approximately 10.2 acres along Asbury Lane and Asbury Road to Planned Residential Development (PRD) District (Pretoria Falls PRD). Notice of said public hearing was published in the October 8, 2019 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Acting Planning Director, presented the recommendation of the Planning Commission to approve the Plan of Services, the requested annexation, and the requested zoning and introduced Mr. Brian Dunn, CSDG, who gave a presentation of Landmark Homes of TN, Inc’s proposed plan for the area. 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  October 24, 2019 Page 5 annexation for approximately 11.3 acres located along Asbury Road, step forward to the podium. Mr. Doug Hayes, 3858 Asbury Road, opposed the proposed Plan of Services and annexation, stating that he is concerned with the proposed development in addition to the current development taking place on other surrounding properties. Mr. Hayes stated that his neighbors land, Asbury Road, and Overall Creek have been destroyed by the current development projects. He believes that there will be safety concerns with the increased traffic from the growth and that Asbury Road cannot support the amount of traffic that currently uses it. Ms. Kitti McConnell, 3818 Asbury Road, opposed the proposed Plan of Services and annexation, stating that she is concerned with the health of Overall Creek; development on the floodplain of Overall Creek; health of the well on her property; current traffic issues with Asbury Road; and worries about what more homes in the area will do to those problems. She stated that the blasting from the current construction around her home has caused problems for her foundation and worries what more construction in the area will do. She would like to see the old growth trees in the area preserved. Mr. Chris Bennett, 3818 Asbury Road, opposed the proposed Plan of Services and annexation, stating his concerns with safety and congestion that Asbury Road currently experiences and his fears of what will come with more development. Mrs. Laura Gamble, 3867 Asbury Road, opposed the proposed Plan of Services and annexation, stating that the homes in this area are historic and built on historic sites. They are being damaged by the current construction and will be damaged further by more development. She is also concerned with the health of Overall Creek and the damage being done to the creek by the construction. Ms. Sonette Myburgh, 3790 Asbury Lane, opposed the proposed Plan of Services and annexation, stating that the proposed growth in the area is too much. 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. Chris Griffith, City Engineer, answered questions from Council regarding the traffic study being conducted in that area and what the City could learn from the results of the study. The following RESOLUTION 19-R-PS-38 was read to the Council and offered for adoption upon motion made by Mr. Martin, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote:  October 24, 2019 Page 6 Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: Rick LaLance (Insert RESOLUTION 19-R-PS-38 here to adopt a Plan of Services for approximately 11.3 acres located along Asbury Lane and Asbury Road; Pretoria Rentals Trust, applicant [2019-509].) The following RESOLUTION 19-R-A-38 was read to the Council and offered for adoption upon motion made by Mr. Martin, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: Rick LaLance (Insert RESOLUTION 19-R-A-38 here to adopt annexation for approximately 11.3 acres located along Asbury Lane and Asbury Road [2019-509].) Mr. Brian Dunn, CSDG, gave a presentation of Landmark Homes of TN’s proposed zoning plan for the area, Pretoria Falls. Mayor McFarland then declared the public hearing open regarding the zoning of approximately 10.2 acres located along Asbury Lane and Asbury Road and invited those present who wished to speak for or against the proposed zoning, step forward to the podium. Mr. Daniel Brunner, 3696 Asbury Lane, opposed the proposed rezoning, stating that he believes the density of homes being proposed for the area is too great. He has concerns what the development will do to his floodplain and feels that the dog park should not be next to his livestock field. Mr. Brunner stressed to the Council that the area is of great historical significance. Mrs. Laura Gamble, 3867 Asbury Road, opposed the proposed rezoning, stating that she has concerns about the “business park” that was mentioned in the plan. A sinkhole is forming on her property that she believes is due to the current construction projects and is worried what more construction will do to the sinkhole and the foundation of her home. Mr. Doug Hayes, 3858 Asbury Road, opposed the proposed rezoning, stating that Asbury Road has been destroyed by the current construction and more development will make things worse. He is concerned with the increased traffic that the development will  October 24, 2019 Page 7 bring and does not believe that Asbury Road can support the development. He further questioned why the Council would approve this project when it goes against the 2035 Plan. Ms. Kitti McConnell, 3818 Asbury Road, opposed the proposed rezoning, stating that the health of Overall Creek has been damaged by the current development and she worries what more development will do to the health of the waterway. She stated her concerns with increased traffic on Asbury Road and that there are CUD water lines that the developers need to avoid or move. Mr. Chris Bennett, 3818 Asbury Road, opposed the proposed rezoning, stating that he is concerned with the increased traffic the development will bring to the road and the safety concerns associated with increased traffic. 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. Mr. Chris Griffith and Mr. Matthew Blomeley answered questions from Council regarding the proposed rezoning and development plan. Mr. Kyle Griffin, P.E., CSDG, answered questions regarding property elevation of a 4’ increase in one section. An ordinance, entitled “ORDINANCE 19-OZ-38 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 10.2 acres along Asbury Lane and Asbury Road as Planned Residential Development (PRD) District (Pretoria Falls PRD), simultaneous with annexation; Landmark Homes of TN, applicant [2018-427],” was read to the Council and offered for passage on first reading upon motion made by Mr. Martin, seconded by Vice- Mayor Scales Harris. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Kirt Wade Shane McFarland Nay: Rick LaLance Eddie Smotherman The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to fee schedule for the Planning Department.) Mr. Blomeley, Acting Planning Director, presented the recommendation of the Planning Department to approve the amended fee schedule for the department which should yield approximately $12,000 per year in additional revenues.  October 24, 2019 Page 8 The following RESOLUTION 19-R-23 was read to the Council and offered for adoption upon motion made by Mr. Martin, 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-23 here setting type and amount of Planning Department fees for application to the Historic Zoning Commission, review of master plans, and mandatory referral requests.) The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to scheduling public hearings for zoning application for approximately 8.14 acres along Shores Road; annexation Plan of Services and annexation petition for approximately 44.75 acres along S Rutherford Blvd.; zoning application for approximately 44.75 acres along S Rutherford Blvd.; annexation Plan of Services and annexation petition for approximately 297.5 acres along Joe B Jackson Pwky.; zoning application for approximately 200.1 acres along Joe B Jackson Pkwy.; and zoning application for approximately 122.19 acres along Cason Trail.) The following RESOLUTION 19-R-PH-40 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Smotherman. 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-40 here fixing the time for holding a Public Hearing on December 5, 2019 to consider a proposed amendment to approximately 8.14 acres in the Planned Unit Development (PUD) District located along Shores Road (Westlawn PUD); D.R. Horton, Inc., applicant [2019-428].) The following RESOLUTION 19-R-PH-41 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Smotherman. 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  October 24, 2019 Page 9 (Insert RESOLUTION 19-R-PH-41 here fixing the time for holding a Public Hearing on December 5, 2019 to consider: (1) adoption of a Plan of Services for and annexation of 44.75 acres and (2) zoning of approximately 44.75 acres along South Rutherford Boulevard to General Industrial (G-I) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Mary K. Murfree Family Partnership, applicant. [2019-510 and 2019-429].) The following RESOLUTION 19-R-PH-42 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Smotherman. 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-42 here fixing the time for holding a Public Hearing on December 5, 2019 to consider: (1) adoption of a Plan of Services for and annexation of 297.5 acres along Joe B. Jackson Parkway and Elam Road, which have been proposed to be annexed to the City of Murfreesboro, Tennessee, and (2) the zoning of approximately 200.1 acres of the area to be annexed as General Industrial (G-I) District; Betty and Elizabeth Dempsey, applicants [2019-511 and 2019-432].) The following RESOLUTION 19-R-PH-43NA was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Smotherman. 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-43NA here fixing the time for holding a Public Hearing on December 5, 2019 to consider a proposed amendment to rezone approximately 122.19 acres along Cason Trail, Eastview Drive, and Racquet Club Drive from Single-Family Residential Ten (RS-10) District and Single-Family Residential Fifteen (RS-15) District to Planned Unit Development (PUD) District (Hidden River Estates PUD); Blue Sky Construction, applicant [2019-426].)  October 24, 2019 Page 10 The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to mandatory referral for abandonment of a drainage easement along Williams Drive.) Mr. Matthew Blomeley, Acting Planning Director, presented the request of the Planning Department to abandon a drainage easement along Williams Drive. Mr. Smotherman made a motion to approve the request to abandon the easement along Williams Drive. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to mandatory referral for abandonment of a sanitary sewer and drainage easement along County Farm Road.) Mr. Matthew Blomeley, Acting Planning Director, presented the request of the Planning Department to abandon a sanitary sewer and drainage easement along County Farm Road. Mr. LaLance made a motion to approve the request to abandon the sanitary sewer and drainage easement along County Farm Road. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to mandatory referral for abandonment of a drainage and detention easement along Joe B Jackson Parkway.) Mr. Matthew Blomeley, Acting Planning Director, presented the request of the Planning Department to abandon a drainage and detention easement along Joe B Jackson Parkway. Mr. LaLance made a motion to approve the request to abandon the drainage and detention easement along Joe B Jackson Parkway. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to mandatory referral for installation of private irrigation lines in right-of-way of Lannister Avenue.) Mr. Matthew Blomeley, Acting Planning Director, presented the request of the Planning Department to abandon the right-of-way along Lannister Avenue to allow installation of private irrigation lines.  October 24, 2019 Page 11 Mr. LaLance made a motion to approve the request to abandon the right-of-way along Lannister Avenue. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to mandatory referral for abandonment of a drainage easement along North Tennessee Boulevard.) Mr. Matthew Blomeley, Acting Planning Director, presented the request of the Planning Department to abandon a drainage easement along North Tennessee Boulevard. Mr. Martin made a motion to approve the request to abandon the easement along North Tennessee Boulevard. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager of Economic Development was presented to the Council: (Insert letter dated October 24, 2019 here with regards to sale of property at 912 Dashiel Street.) Mr. Craig Tindall, City Manager, presented the request to approve the sale of property located at 912 Dashiel Street for $1.7 Million to Univar USA Inc. Mr. Smotherman made a motion to approve the property sale at 912 Dashiel Street in the amount of 1.7 Million. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Acting Director of Community Development was presented to the Council: (Insert letter dated October 24, 2019 here with regards to Habitat for Humanity acquisition of property at 523 Castle Street.) Mr. Craig Tindall, City Manager, presented the request to approve the Sub-Recipient Agreement with Habitat for Humanity for property located at 523 Castle Street. Mr. Wade made a motion to approve the Sub-Recipient Agreement with Habitat for Humanity. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Parks and Recreation Director was presented to the Council: (Insert letter dated October 24, 2019 here with regards to Patterson Natatorium HVAC/Dehumidification Unit Contract.) Mr. Nate Williams, Parks and Recreation Director, presented the request to approve the contract with The Comfort Group for HVAC/dehumidification work totaling $984,161.  October 24, 2019 Page 12 Vice-Mayor Scales Harris made a motion to approve the contract with The Comfort Group in the amount of $984,161. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated October 24, 2019 here with regards to acquisition of right-of-way and easement for Jones Boulevard Improvements.) Mr. Chris Griffith, City Engineer, presented the request of the Engineering Department to approve funding for the acquisition of right-of-way and easements along Jones Boulevard for $234,000. Mr. Smotherman made a motion to approve funding in the amount of $234,000 for acquisitions of right-of-way and easements along Jones Boulevard. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated October 24, 2019 here with regards to Final Change Order for Lytle Street Phase II.) Mr. Chris Griffith, City Engineer, presented the request of the Engineering Department to approve the Final Change Order for the Lytle Street Phase II project changing the contract amount from $6,093,457.18 to $6,223,170.62. Mr. Smotherman made a motion to approve the Final Change Order for the Lytle Street Phase II project. Mr. Martin seconded by 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 October 24, 2019 here with regards to Beer Permit Application for Carmen Mexican Restaurant at 1935 S Church Street.) Mr. Smotherman made a motion to approve the Beer Permit for Carmen Mexican Restaurant, 1935 South Church Street (Ownership Change). Mr. Martin seconded the motion and all members of the Council voted “Aye”. The Finance Director announced that there were not any statements to be considered. Upon recommendation of Mayor McFarland, Mr. Wade made a motion to reappoint Mr. Jeff Davis (term expires June 30, 2023) to fill the vacancy of Mr. Rick Cantrell on the Historic Zoning Commission. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  October 24, 2019 Page 13 Mayor McFarland addressed Council and staff with his apprehension regarding the Pretoria Falls project and its deviation from the 2035 Plan. He tasked staff with developing processes for projects that come to the Planning Department that deviate from the 2035 Plan. There being no further business, Mayor McFarland adjourned this meeting at 9:32 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER