City Council

December 5, 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, December 5, 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 Sam Huddleston, Executive Director Development Services Mark Foulks, Chief of Fire & Rescue Jim Kerr, Transportation Director Robert Holtz, Building & Codes Director Matthew Blomeley, Acting Planning Director Joshua Miller, Administrative Assistant Vice-Mayor Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. CIP Funds Transfer (Finance) 2. Request for Competitive Sealed Proposals for Communication Systems and Electronic Equipment (Police) 3. Annual Pavement Marking Contract – Amendment No. 2 (Transportation) 4. Neel-Schaffer Master Services Agreement – Amendment 1 (Transportation) (Insert letters from Finance, Police, & Transportation (2) Departments here.) Mr. LaLance made a motion to approve the Consent Agenda. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated December 5, 2019 here regarding Sanitary Sewer Allocation Ordinance.) An ordinance, entitled “ORDINANCE 19-O-47 amending the Murfreesboro City Code, Chapter 33, Water Resources, establishing Sewer Capacity Allocation regulations,” which passed first reading on November 21, 2019, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris  December 5, 2019 Page 2 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-47 here.) The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated December 5, 2019 here regarding amending the Westlawn PUD, approximately 8.14 acres, located along Shores Road.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-40 adopted by the City Council on October 24, 2019, to consider a proposed amendment to approximately 8.14 acres in the Planned Unit Development (PUD) District located along Shores Road (Westlawn PUD). Notice of said public hearing was published in the November 19, 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 amend the conditions of the Westlawn PUD for approximately 8.14 acres located along Shores and introduced Mr. Matt Taylor, SEC, Inc., who gave a presentation on the proposed plan for the PUD amendment. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment, step forward to the podium. There was no one present who wished to speak for or against the proposed amendment to the Westlawn PUD and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-OZ-40 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 8.14 acres in the Planned Unit Development (PUD) District located along Shores Road (Westlawn PUD), as indicated on the attached map; D.R. Horton, Inc., applicant [2019-428],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote:  December 5, 2019 Page 3 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 December 5, 2019 regarding Plan of Services, annexation, and zoning for approximately 44.75 acres located along South Rutherford Boulevard.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-41 adopted by the City Council on October 24, 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. Notice of said public hearing was published in the November 19, 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. 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 44.75 acres located along South Rutherford Boulevard, 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. The following RESOLUTION 19-R-PS-41 was read to the Council and offered for adoption upon motion made by Vice-Mayor Scales Harris, 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  December 5, 2019 Page 4 (Insert RESOLUTION 19-R-PS-41 here to adopt a Plan of Services for approximately 44.75 acres located along South Rutherford Boulevard; Mary K. Murfree Family Partnership, applicant [2019-510].) The following RESOLUTION 19-R-A-41 was read to the Council and offered for adoption upon motion made by Vice-Mayor Scales Harris, 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-41 here to annex approximately 44.75 acres located along South Rutherford Boulevard; Mary K. Murfree Family Partnership, applicant [2019-510].) Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning for 44.75 acres located along South Rutherford Boulevard as General Industrial (G-I) District, simultaneous with annexation, step forward to the podium. Mr. Brick Murfree, representing the Mark K. Murfree Family Partnership, stressed his and the family’s support for the proposed zoning and its approval by the Council. 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. An ordinance, entitled “ORDINANCE 19-OZ-41 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 44.75 acres along South Rutherford Boulevard as General Industrial (G-I) District, simultaneous with annexation; Mary K. Murfree Family Partnership, applicant [2019-429],” 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 Kirt Wade Shane McFarland Nay: None  December 5, 2019 Page 5 The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated December 5, 2019 here regarding Plan of Services, annexation, and zoning for approximately 297.5 acres and 200.1 acres, respectively, located along Joe B. Jackson Parkway and Elam Road.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-42 adopted by the City Council on October 24, 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 and (2) zoning of approximately 200.1 acres of the area to be annexed as General Industrial (G-I) District. Notice of said public hearing was published in the November 19, 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 and requested annexation. 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 297.5 acres located along Joe B. Jackson Parkway and Elam Road, 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. The following RESOLUTION 19-R-PS-42 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-PS-42 here to adopt a Plan of Services for approximately 297.5 acres located along Joe B. Jackson Parkway and Elam Road; Betty and Elizabeth Dempsey, applicants [2019-511].) The following RESOLUTION 19-R-A-42 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  December 5, 2019 Page 6 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-A-42 here to annex approximately 297.5 acres located along Joe B. Jackson Parkway and Elam Road; Betty and Elizabeth Dempsey, applicants [2019-511].) Mr. Matt Taylor, SEC Inc., presented the proposed plan regarding the zoning of 200.1 acres located along Joe B. Jackson Parkway and Elam Road. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning for 200.1 acres to General Industrial (G-I) District located along Joe B. Jackson Parkway and Elam Road, 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-42 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 200.1 acres along Joe B. Jackson Parkway and Elam Road as General Industrial (G-I) District, simultaneous with annexation; Betty and Elizabeth Dempsey, applicant [2019-432],” 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 Mayor McFarland left the meeting at this time. The following letter from the City Engineer was presented to the Council: (Insert letter dated December 5, 2019 here with regards to ADA Transition Plan for right-of-way and public facilities.) The following RESOLUTION 19-R-28 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett  December 5, 2019 Page 7 Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 19-R-28 here approving and authorizing transmittal of the City of Murfreesboro’s Americans with Disabilities Act (“ADA”) Transition Plan along with the required certification letter to the Tennessee Department of Transportation.) The following letter from the Chief of Fire and Rescue was presented to the Council: (Insert letter dated December 5, 2019 here with regards to Doug Young Public Safety Training Facility – Outdoor Classroom.) Mr. Mark Foulks, Chief of Fire and Rescue, presented the request of the Fire and Rescue Department to approve the contract with Boyce Ballard Construction for an outdoor classroom, pending final approval of the City Attorney, for a total cost of $403,868. Mr. LaLance made a motion to approve the contract with Boyce Ballard Construction. Mr. Shacklett 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 December 5, 2019 here with regards to Beer Permit Applications for Red Crab Juicy Seafood at 740 NW Broad St.; El Toro Loco Bar & Grill at 1006 Memorial Blvd.; and Season’s of Murfreesboro at 2227 Old Fort Parkway.) Mr. Wade made a motion to approve the Beer Permit for Red Crab Juicy Seafood, 740 Northwest Broad Street (Ownership Change); El Toro Loco Bar & Grill, 1006 Memorial Boulevard (Ownership Change); and Season’s of Murfreesboro (Ownership Change), 2227 Old Fort Parkway. Mr. LaLance 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. Under other business, Mr. Adam Tucker, City Attorney, announced that, on October 24, 2019, Council voted to approve the sale of 912 Dashiel Street. The title company involved with the sale is requiring a resolution regarding the sale. The following RESOLUTION 19-R-29 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: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris  December 5, 2019 Page 8 Nay: None (Insert RESOLUTION 19-R-29 here confirming approval of the Sale by the City of property located at Dashiel Street and authorizing the Mayor to Sign an Agreement for Conveyance of Real Property and for the Mayor and City Manager to sign all appropriate closing documents.) There being no further business, Vice-Mayor Scales Harris adjourned this meeting at 7:45 p.m. __________________________________ SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER