City Council

January 30, 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 6:06 p.m. on Thursday, January 30, 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 David Ives, Assistant City Attorney Gary Whitaker, Assistant City Manager/ Development and Coordination Darren Gore, Assistant City Manager/ Utility Enterprise Sam Huddleston, Executive Director Development Services Chris Griffith, Executive Director Public Works/City Engineer Linda Gilbert, Director of Schools Pam Russell, Human Resources Director Joshua Miller, Administrative Assistant Mr. Smotherman commenced the meeting with a prayer followed by Cub Scout Pack 1615 from Walter Hill School leading those present with the Pledge of Allegiance. Ms. Pam Russell, Human Resources Director, recognized STARS Award recipient Mr. Barney Dale, Solid Waste Department, who during the normal course of his duties, noticed a gentleman on his route who had apparently fallen. Mr. Dale stopped to help and assisted the gentleman’s wife in getting him upright. The woman later sent a letter to the City thanking Mr. Dale for his assistance. Mayor McFarland presented a plaque recognizing Mr. Dale for his ability to represent the best of what Murfreesboro City Employees have to offer, going above and beyond and creating a better quality of life for the citizens of the City. Mayor McFarland recognized two outstanding teachers, Mr. Kyle Cantrell who has been named Extraordinary Educator for Curriculum Associates, one of thirty-one so named across the nation; and Ms. Heather Knox, awarded the Presidential Award for Math and Science, which is the highest recognition a K-12 teacher can receive. The Consent Agenda was presented to the Council for approval: 1. Fire Station No. 11 – Construction Change Order 1 (Administration) 2. Fire Station No. 11 – Consultant Change Order 2 (Administration) 3. Affordable Housing Program - 523 East Castle and 619 East Sevier (Community Development) 4. FY 2020 City Manager Approved Budget Amendments (Finance)  January 30, 2020 Page 2 5. Mandatory Referral for Sanitary Sewer Easement Abandonment along Memorial Boulevard (Planning) 6. Mandatory Referral for Property Swap along North Thompson Lane (Planning) 7. Mandatory Referral for Property Acquisition for Robert Rose Drive Improvements (Planning) 8. Mulching Services Contract (Street) 9. Main Street Banner Requests: a. City Tennis Tournament August 21 – 31, 2020 b. Greenway Art Festival September 1 - 10, 2020 c. Main Street Jazz Fest September 23 – October 3, 2020 d. Stones River Craft Association November 16 - 23, 2020 e. Rutherford County Tree Lighting November 25 – December 4, 2020 (Street) 10. 2020 Title VI Update (Transportation) (Insert letters from Administration (2), Community Development, Finance, Planning (3), Street (2), & Transportation here.) Mr. Smotherman 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 Finance Director was presented to the Council: (Insert letter dated January 30, 2020 regarding Budget Amendment Ordinance 19-O-48.) An ordinance, entitled “ORDINANCE 19-O-48 amending the 2019-2020 Budget (2nd Amendment)” which passed first reading on December 19, 2019, was read to the Council and offered for passage on second and final reading. Before passage on second reading it was requested to amend the exhibit to add State Street Aid and Solid Waste Department additional revenues and expenditures. Mr. LaLance made a motion to amend the ordinance before passage on second reading. Vice-Mayor Scales Harris seconded the motion. Upon roll call said ordinance was amended by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None An ordinance, entitled “ORDINANCE 19-O-48 amending the 2019-2020 Budget (2nd Amendment)” which passed first reading on December 19, 2019, was read to the Council and offered for passage on second and final reading, as amended, upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said amended ordinance was passed on second and final reading by the following vote:  January 30, 2020 Page 3 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-48 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated January 30, 2020 regarding rezoning property located along Cason Trail [2019-426].) An ordinance, entitled “ORDINANCE 19-OZ-43 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 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],” which was deferred for passage on first reading on January 9, 2020, was read to the Council and offered for passage on first reading. Mr. Sam Huddleston, Executive Director of Development Services, and the developer of the project, Mr. Brian Burns, answered questions from Council regarding the traffic study that had been conducted; planned construction street traffic routes; and the promise of Mr. Burns to complete a road dedicated to construction traffic before construction on the project begins. Mr. Martin made a motion to pass Ordinance 19-OZ-43 on first reading. Vice-Mayor Scales Harris seconded the motion. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Eddie Smotherman Kirt Wade Shane McFarland Nay: Rick LaLance Bill Shacklett The following letter from the Assistant Planning Director was presented to the Council:  January 30, 2020 Page 4 (Insert letter dated January 30, 2020 here with regards to scheduling public hearings for annexation along Northwest Broad Street; zoning along Northwest Broad Street (PUD); zoning along Bradyville Park (PCD); zoning along East Vine Street (PRD); and Zoning Ordinance amendments.) The following RESOLUTION 20-R-PH-01 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. 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 20-R-PH-01 here to schedule a public hearing for March 19, 2020 to consider adoption of a Plan of Services for and annexation of 65 acres and zoning of approximately 65 acres along Northwest Broad Street to PUD and rezoning of approximately 13 acres along Northwest Broad Street from RS-15 and L-I to PUD [2019-508] & [2019-424]; Springboard Landing, Inc., Mary Hord Haymore Children, LP, and D.R. Horton, Inc., applicants.) The following RESOLUTION 20-R-PH-02 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. 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 20-R-PH-02 here to schedule a public hearing for March 19, 2020 for a proposed zoning amendment to approximately 0.89 acres located along Bradyville Pike, west of Minerva Drive, to be rezoned from RS-10 to PCD (Bradyville Center PCD) [2019-445]; Ken Xayabudda, applicant.) The following RESOLUTION 20-R-PH-03 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. 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  January 30, 2020 Page 5 (Insert RESOLUTION 20-R-PH-03 here to schedule a public hearing for March 19, 2020 for a proposed zoning amendment to approximately 0.71 acres located along East Vine Street, east of South Highland Avenue, to be rezoned from RS-8 to PRD (East Vine Villas PRD) [2019-440]; Blue Sky Construction, Inc., Applicant.) The following RESOLUTION 20-R-PH-04 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. 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 20-R-PH-04 here to schedule a public hearing for March 19, 2020 for proposed amendments to the Zoning Ordinance pertaining to Section 2: Interpretation and Definitions, regarding the definition of “family”; Section 10: Variances; Section 18: Regulations of General Applicability, regarding lighting fixtures at recreational fields; and Section 27: Landscaping and Screening, regarding landscaping for stormwater management areas [2019- 809]; City of Murfreesboro Planning Department, applicant.) The following letter from the City Engineer was presented to the Council: (Insert letter dated January 30, 2020 here with regards to Gateway Blvd. Extension – Professional Services Agreement.) Mr. Chris Griffith, City Engineer, presented the request of the Engineering Department to approve the Professional Services Agreement with Energy Land & Infrastructure, LLC. for a proposed contract amount not to exceed $131,660 for the Gateway Boulevard Extension. Mr. LaLance made a motion to approve the Professional Services Agreement with Energy Land & Infrastructure, LLC. 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 January 30, 2020 here with regards to Southwest Elementary Roadway – Final Change Order.) Mr. Chris Griffith, City Engineer, presented the request of the Engineering Department to approve the Final Change Order with Jenco Construction, decreasing the project’s contract amount by $223,175. Mr. Martin made a motion to approve the Final Change Order with Jenco Construction. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”.  January 30, 2020 Page 6 The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated January 30, 2020 here with regards to Beer Permit Applications for Tandoor Indian Restaurant at 529 N Thompson Ln.; Casa Adobe Express at 1433 Warrior Dr., Ste. A; MJ’s Pool Hall at 1253 NW Broad St.; Notes at 2349 S Church St.; and Special Event Permits for Discovery Center on 3/6/20, 5/1/20, and 6/5/20 at 502 SE Broad St. and 1720 Shagbark Trail.) Mr. LaLance made a motion to approve the Beer Permits for Tandoor Indian Restaurant, 529 North Thompson Lane (Ownership Change); Casa Adobe Express, 1433 Warrior Drive, Suite A (New Location); MJ’s Pool Hall, 1253 North West Broad Street (Ownership Change); Notes, 2349 South Church Street (Ownership Change); and Special Event Permits for Discovery Center on 3/6/20, 5/1/20, and 6/5/20 at 502 South East Broad Street and 1720 Shagbark Trail. Mr. Martin seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to appoint Mr. Chase Salas to fill the vacancy left by Ms. Jennifer Garland (term expires June 30, 2022) to the Historic Zoning Commission. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The Finance Director announced that there were not any statements to be considered. There being no further business, Mayor McFarland adjourned this meeting at 7:06 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER