City Council

January 9, 2020 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, January 9, 2020, 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 Gary Whitaker, Assistant City Manager/ Development and Coordination Darren Gore, Assistant City Manager/ Utility Enterprise P.D. Mynatt, M.E.D. General Manager Pam Russell, Human Resources Director Matthew Blomeley, Acting Planning Director Joshua Miller, Administrative Assistant Mr. Shacklett commenced the meeting by introducing Ms. Debbie Church with Family Promise Group to open with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Contract with TDOT for FY2020 Matching Transit Facility Funds (Transportation) (Insert letter from Transportation Department here.) Mr. Shacklett 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 Acting Planning Director was presented to the Council: (Insert letter dated January 9, 2020 here regarding zoning for approximately 231.3 acres located along South Rutherford Boulevard and Lee Lane [2019-405].) An ordinance, entitled “ORDINANCE 19-OZ-08 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 231.3 acres along South Rutherford Boulevard, Lee Lane, and I-24 to Heavy Industrial (HI) District, including approximately 120.9 acres to be zoned Heavy Industrial (HI) District simultaneous with annexation, and approximately 110.4 acres to be rezoned from Commercial Highway (CH) District to Heavy Industrial (HI) District; Brian Berryman, applicant. [2019-405],” which passed first reading on May 2, 2019, was read to the Council and offered for passage on second and final reading upon  January 9, 2020 Page 2 motion made by Mr. LaLance, 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-OZ-08 here.) The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated January 9, 2020 here regarding zoning for approximately 83 acres located along Lee Lane [2019-411].) 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],” which passed first reading on July 25, 2019, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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-OZ-23 here.) The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated January 9, 2020 here regarding rezoning approximately 23 acres located along Veterans Parkway [2019-433].) An ordinance, entitled “ORDINANCE 19-OZ-44 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 23 acres along Veterans Parkway from Single- Family Residential Ten (RS-10) District to Planned Residential Development (PRD) District (Veterans Cove PRD); Alcorn Properties, LLC, applicant [2019-433],” which passed first reading on December 19, 2019, was read to the Council and offered for passage on second  January 9, 2020 Page 3 and final reading upon motion made by Mr. Wade, seconded by Mr. Martin. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Nay: Rick LaLance Shane McFarland Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 19-OZ-44 here.) The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated January 9, 2020 here with regards to amending the Zoning Ordinance for the City Core Overlay District [2019-807].) An ordinance, entitled “ORDINANCE 19-O-45 amending Murfreesboro City Code Appendix A-Zoning, Section 24, Overlay District Regulation, Article VI and Chart 2, dealing with the City Core Overlay (CCO) District; City of Murfreesboro Planning Department, applicant [2019-807],” which passed first reading on December 19, 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. 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-45 here.) The following letter from the Acting Planning Director was presented to the Council: (Insert letter dated January 9, 2020 here with regards to establishing City Core Overlay District for Downtown Murfreesboro [2019-438].) An ordinance, entitled “ORDINANCE 19-OZ-46 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 2,348 lots (approximately 920 acres), as shown on the accompanying map, City Core Overlay (CCO) District; City of Murfreesboro Planning Department, applicant [2019-438],” which passed first reading on December 19, 2019, was read to the Council and offered for passage on second and final reading upon motion made  January 9, 2020 Page 4 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 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-46 here.) The following letter from the Assistant City Manager of Utility Enterprises was presented to the Council: (Insert letter dated January 9, 2020 here with regards to brush, limb, and yard waste bid recommendation and associated City-owned knuckle-boom truck sale.) Mr. Darren Gore, Assistant City Manager of Utility Enterprises, presented the request of the Solid Waste Department to approve selling two City-owned knuckle-boom trucks to Rollins Excavating Company in the amount of $76,000 and to approve awarding the brush, limb, and yard waste curbside collection services contract to Rollins Excavating Company in the amount of $1,152,000, subject to Legal Department review. Mr. LaLance made a motion to approve selling the two trucks and approve awarding the curbside collection services contract to Rollins Excavating Company, subject to Legal Department review. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”, except Mr. Wade who voted “Nay”. The following letter from the City Manager was presented to the Council: (Insert letter dated January 9, 2020 here with regards to proposed sale of City’s electric system and operations.) Vice-Mayor Scales Harris, Mayor McFarland, Mr. Rick LaLance, Mr. Kirt Wade, Mr. Eddie Smotherman and Mr. Bill Shacklett questioned staff, Mr. Chris Jones and Mr. Robert White regarding the potential of lending credit as a municipality; the legality of enforcing a promissory note; the potential for rate increases/decreases; the SharingChange and Home Uplift programs; the statutory authority of having a referendum; the proceeds the City receives from M.E.D. currently; the potential options for safeguarding the money generated from the sale of M.E.D.; the two additional elected board members that will represent the City of Murfreesboro on the M.T.E.M.C. Board; and voiced their opinions on the proposed sale.  January 9, 2020 Page 5 The following RESOLUTION 19-R-30 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 passed by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: Ronnie Martin (Insert RESOLUTION 19-R-30 here approving sale of the operations and assets of the Murfreesboro Electric Department to Middle Tennessee Electric Membership Corporation.) Mayor McFarland called for a recess of the meeting at 8:19 p.m. and resumed the meeting at 8:31 p.m. The following letter from the City Manager was presented to the Council: (Insert letter dated January 9, 2020 here with regards to Council meeting time change.) The following RESOLUTION 20-R-01 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 Shane McFarland Nay: None (Insert RESOLUTION 20-R-01 here establishing the time of City Council meetings from 7:00 p.m. on Thursday to 6:00 p.m.) The following letter from the Planning Director was presented to the Council: (Insert letter dated January 9, 2020 here with regards to rezoning approximately 122.19 acres located along Cason Trail, Eastview Drive and Racquet Club Drive [2019-426].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-43 adopted by the City Council on November 7, 2019, to consider rezoning 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]. Notice of said public hearing was published in the December 17, 2019 issue of the local newspaper as follows:  January 9, 2020 Page 6 (Insert notice here.) Mr. Matthew Blomeley, Acting Planning Director, stated that neighboring property owners have submitted a protest per Section 6 of the Zoning Ordinance and therefore the zoning amendment shall not be passed except by a two-third’s vote of the Council. Mr. Bill Huddleston and Mr. Clyde Roundtree, Huddleston Steele Engineering, presented the proposed plans for the development and Mr. Brian Burns, Blue Sky Construction, answered questions from the Council regarding roadways, traffic, and construction with the help of staff. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to rezone approximately 122.19 acres to PUD, come forward to the lectern. Mr. Steven O’Dell, 2263 Cason Lane, opposed the rezoning, stating that he is concerned that the proposed development in the area will negatively affect wildlife. Mr. Warren Tormey, 733 North Spring Street, opposed the rezoning, stating that the current infrastructure in the area does not support a development of this size and it goes against the current zoning under the 2035 plan. Mr. Mike Green, 2107 Gaston Court, opposed the rezoning, stating that there is currently so many issues with traffic and road rage in the area, that the development will just make things worse. Mr. Craig Higgins, 718 Oakwood Circle, opposed the rezoning, stating that the current neighborhoods in the area are quiet, people can walk in the street, and he believes that the proposed development will change all of that. Mr. Higgins believes that an independent traffic study should be conducted and that he would like the road connection from the proposed development to his neighborhood deleted. Mr. Bob Armstrong, 1215 River Rock Boulevard, opposed the rezoning, stating that traffic in the area will become unbearable and worries that the proposed development is too close to the greenway. Ms. Mariah Phillips, 1332 Dodd Trail, opposed the rezoning, stating that it is too much development in an area where the infrastructure cannot support it. She also stressed that she would like an independent traffic study conducted. Mr. Matthew Markham, 4707 Scottish Drive, opposed the rezoning, stating that part of the proposed development will be built on a flood plain and that there will not be enough entrances or exits from the development to support the project’s density.  January 9, 2020 Page 7 Ms. Jaquelyn Brown, 2302 Riverstone Drive, opposed the rezoning, stating that the proposed development does not match the existing neighborhoods; the greenway is being destroyed; and that she does not trust the developers. Mr. Richard Snyder, 2831 Stonehedge Drive, opposed the rezoning, stating that he is concerned with the increased traffic the proposed development will bring and worries about the greenway being destroyed. Mr. Sam Brycatsky, 3557 South Ridge Boulevard, opposed the rezoning, stating that he does not believe the proposed project is a sustainable type of growth for the City and he worries about all the greenspaces being destroyed for the project. Mr. Mike Watson, 1437 Factors Walk, opposed the rezoning, stating that he worries that the increased traffic the proposed development will bring will be an undue burden to the current residents. Mr. Chris Barnes, 1237 Cason Trail, opposed the rezoning, stating that he believes the traffic study was conducted at a time when traffic in the area was at its lowest and has concerns with the amount of entrances and exits in the proposed development. Ms. Barbara Higgins, 718 Oakwood Circle, opposed the rezoning, stating her concerns with the increased traffic the proposed development will bring and her concern over the number of entrances and exits into the development. Ms. Lenoir Culbertson, 2232 Racket Club Drive, opposed the rezoning, stating that the current neighborhoods have no sidewalks and with the increase in traffic that the proposed development would bring, she worries that they will not be safe to walk in their neighborhoods. Mr. David Landry, 3211 Spring House Drive, opposed the rezoning, stating that he has caught the developer unlawfully hunting on the property close to the greenway and he believes that the City is growing too fast and the infrastructure cannot support the growth. Mr. Richard Baines, 1319 Parkview Terrace, opposed the rezoning, stating that he believes the City may not legally be able to approve the development because Federal funds were used to build the trailhead. He also stated his concern with the potential for flooding in the area and warned the Council that the FEMA Floodplain Map is twenty years out of date. Ms. Danielle Brown, 2468 Oakhill Drive, opposed the rezoning, stating that she has concerns with how the proposed development will handle storm water management, drainage, and wetland management. Mr. Ralph Drye, 2021 Tahoma Trail, opposed the rezoning, pointing out that no one tonight has been in favor of the project.  January 9, 2020 Page 8 There was no one else present who wished to speak for or against the proposed amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. LaLance expressed his preference to defer the vote on Ordinance 19-OZ-43 and voiced his viewpoint regarding the history of the Greenway and greenspaces. Mayor McFarland voiced his desired for more questions to be answered regarding road networks in the proposed development area and agreed with Mr. LaLance that deferring the vote would be appropriate. Mr. Martin thanked the residents in the audience for their participation in the project and wanted to stress that the plans for the proposed development have changed only due to the outcry from the public. Mr. Smotherman stated that he had voted “no” on this project twice before but that, due to the concessions made by the developer, he would be supporting the proposed development going forward. The Council would make sure that MPD takes a look at reckless drivers on River Rock Boulevard. Mr. Shacklett expressed his opinion on the proposed development and voiced his concern with the infrastructure in the area not being able to support the current growth or the growth the proposed development would bring. Vice-Mayor Scales Harris expressed her opinion on the project, voicing her intention to look at the proposed development through the point of view of the big picture. Mr. Wade made a motion to defer ORDINANCE 19-OZ-43 on first reading. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Executive Director of Internal Services was presented to the Council: (Insert letter dated January 9, 2020 here regarding protest of the selection of a Wellness Rewards Program.) Mr. Craig Tindall, City Manager, presented the recommendation of the Purchasing Department to reject the protest of BSoft Solutions Inc. DBA FitLyfe at not being selected as the City’s Wellness Rewards Program vendor due to the company not following the City’s competitive sealed proposal rules. Mr. LaLance made a motion to reject the protest of BSoft Solutions Inc. DBA Fitlyfe. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Human Resources Director was presented to the Council: (Insert letter dated January 9, 2020 here with regards to Wellness & Rewards vendor selection.)  January 9, 2020 Page 9 Ms. Pam Russell, Human Resources Director, presented the request of the Human Resources Department to approve the selection of Humana Go365 as the administrator of the City’s Wellness & Rewards vendor and approve the contract with Humana Go365 through December 31, 2022. Mr. Martin made a motion to approve Humana Go365 as the City’s Wellness & Rewards Provider and approve the agreement with Humana Go365 through December 31, 2022. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director announced that there was not any licensing nor any statements to be considered. Upon recommendation of Mayor McFarland, Mr. Wade made a motion to reappoint Mr. Wayne Belt (term expires January 1, 2026) and Mr. Ted LaRoche (term expires January 1, 2026) to the Public Building Authority. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 11:14 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER