City Council

February 6, 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 6:00 p.m. on Thursday, February 6, 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 Darren Gore, Assistant City Manager/ Utility Enterprise Greg McKnight, Interem Planning Director Mike Browning, Public Information Director Matthew Blomeley, Assistant Planning Director Joshua Miller, Administrative Assistant Mr. Wade commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Purchase of Self-Contained Breathing Apparatus (MFRD) 2. Walter Hill Dam Final Balancing Change Order (Water Resources) 3. Asphalt Purchases Report (Water Resources) 4. Consider Materials bid for water line replacement on Glenwood Drive and Lawndale Drive (Water Resources) (Insert letters from MFRD & Water Resources (3) here.) Mr. LaLance made a motion to approve the Consent Agenda, subject to Item 1 submitted by the MFRD being under legal review. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated February 6, 2020 here regarding rezoning 122.19 acres located along Cason Trail, Eastview Drive and Racquet Club Drive [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 passed  February 6, 2020 Page 2 first reading on January 30, 2020, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Martin, seconded by Vice-Mayor Scales Harris. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Eddie Smotherman Kirt Wade Shane McFarland Nay: Rick LaLance Bill Shacklett Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 19-OZ-43 here.) The following letter from the Assistant City Manager of Utility Enterprise was presented to the Council: (Insert letter dated February 6, 2020 here with regards to WRRF Aerators Installation.) Mr. Darren Gore, Assistant City Manager of Utility Enterprise, presented the request of the Water Resources Department to approve Construction Task Order No. 19-05 with John Bouchard & Sons for the installation of three oxidation ditch aerators for a total cost of $70,047. Vice-Mayor Scales Harris made a motion to approve Construction Task Order No 19- 05 with John Bouchard & Sons. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprise was presented to the Council: (Insert letter dated February 6, 2020 here with regards to Murfreesboro Water Resources Water Tank Painting and Repairs Bids.) Mr. Darren Gore, Assistant City Manager of Utility Enterprise, presented the request of the Water Resources Department to award the contract for the Mill Street, Tiger Hill, and Halls Hill Water Storage Tank’s painting and repairs bid to the low bidder, Currens Construction Services, LLC, for $2,557,130. Mr. Martin made a motion to approve the construction contract with Currens Construction Services, LLC, for water tank repairs and painting. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprise was presented to the Council: (Insert letter dated February 6, 2020 here with regards to Sanitary Sewer Rehab – Change Order No. 1.)  February 6, 2020 Page 3 Mr. Darren Gore, Assistant City Manager of Utility Enterprise, presented the request of the Water Resources Department to approve Change Order No. 1 with SBW Constructors in the amount of $150,812 for the 2018/2019 Sanitary Sewer Rehabilitation project. Mr. LaLance made a motion to approve Change Order No. 1. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager of Utility Enterprise was presented to the Council: (Insert letter dated February 6, 2020 here with regards to Engineering Work Authorization-Thompson Lane Widening.) Mr. Darren Gore, Assistant City Manager of Utility Enterprise, presented the request of the Water Resources Department to approve Engineering Work Authorization No. 4 under the City’s Master Services agreement with Energy, Land and Infrastructure, LLC (ELI-LLC) for utility design improvements in an amount not to exceed $175,000. Mr. LaLance made a motion to approve Engineering Work Authorization No. 4 with Energy, Land and Infrastructure, LLC (ELI-LLC) for Thompson Lane widening. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Mr. Smotherman suggested that a letter should be sent to the State Legislature, signed by the Council, asking for help in hastening the Thompson Lane widening project due to the explosive growth the City of Murfreesboro and Rutherford County is experiencing and the need for better infrastructure. Council all agreed, and Mayor McFarland asked staff to prepare a letter. The following letter from the Assistant City Manager of Utility Enterprise was presented to the Council: (Insert letter dated February 6, 2020 here with regards to Engineering Design Task Order for Stones River Water Plant Improvements.) Mr. Darren Gore, Assistant City Manager of Utility Enterprise, presented the request of the Water Resources Department to approve the Engineering Design Task Order No. 1941021.0 with Smith Seckman Reid, Inc. (SSR) for high service pump and membrane pump station improvements at the Stones River Water Treatment Plant for an estimated cost of $140,130. Vice-Mayor Scales Harris made a motion to approve the Engineering Design Task Order No. 1941021.0 with SSR. Mr. Martin seconded the motion and all members of the Council voted “Aye”.  February 6, 2020 Page 4 The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated February 6, 2020 here with regards to Beer Permit Application for Campus Market at 1660 Middle Tennessee Boulevard.) Mr. Wade made a motion to approve the Beer Permit for Campus Market, 1660 Middle Tennessee Boulevard (Ownership Change). Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The Finance Director announced that there were not any statements to be considered. Mayor McFarland called a recess for this meeting at 6:28 p.m. and resumed the meeting at 6:57 p.m. due to Public Hearings being advertised for 7:00 p.m. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated February 6, 2020 here with regards to Plan of Services, Annexation, and Zoning for approximately 1.15 acres and 1.83 acres, respectively, located along North Rutherford Boulevard [2019-515] & [2019-442].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-51 adopted by the City Council on December 19, 2019, to consider (1) adoption of a Plan of Services for and annexation of 1.15 acres and (2) rezoning of approximately 0.68 acres along Yearwood Avenue and North Rutherford Boulevard from Single-Family Residential Fifteen (RS-15) District to Planned Commercial Development (PCD) District (East Side Village PCD) and zoning of approximately 1.15 acres to Planned Commercial Development (PCD) District, simultaneous with annexation; Greenland Partners, LLC, applicant [2019-515] & [2019-442]. Notice of said public hearing was published in the January 21, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to approve the Plan of Services and annexation, contingent on several conditions being made to the pattern book. Mr. Blomeley introduced Mr. Rob Molchan, SEC Inc., who presented a brief presentation of the proposed plans for the development and assured Council that all conditions requested by the Planning Commission had been included in the revised pattern book. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation of approximately 1.15 acres located along North Rutherford Boulevard and Yearwood Avenue step forward to the podium.  February 6, 2020 Page 5 Mr. Richard Graham, 2403 Central Boulevard, opposed the proposed Plan of Services and annexation, stating that he would like to see PVC fences on both the north and south sides of the proposed development, exactly like the one that is already proposed for the east side, due to his belief that the neighborhood needs more containment from the commercial development. Ms. Judy Smith-Hughes, 2416 Central Boulevard, opposed the proposed Plan of Services and annexation, stating that she is against any commercial development in the area. She would like the developer to consider using the money that is planned for this development to upgrade the neighborhood with affordable single-family housing. 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. The following RESOLUTION 19-R-PS-51 was read to the Council and offered for adoption upon motion made by Mr. Martin, 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-51 here with regards to Plan of Services for approximately 1.15 acres along Yearwood Avenue [2019-515].) The following RESOLUTION 19-R-A-51 was read to the Council and offered for adoption upon motion made by Mr. LaLance, 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 19-R-A-51 here with regards to annexation for approximately 1.15 acres along Yearwood Avenue [2019-515].) An ordinance, entitled “ORDINANCE 19-OZ-51 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 0.68 acres located along Yearwood Avenue and North Rutherford Boulevard from Single-Family Residential Fifteen (RS-15) District to  February 6, 2020 Page 6 Planned Commercial Development (PCD) District (East Size Village PCD) and to zone approximately 1.15 acres located along Yearwood Avenue and North Rutherford Boulevard to Planned Commercial Development (PCD) District, simultaneous with annexation; Greenland Partners, LLC, applicant [2019-442],” was read to the Council and offered for passage on first reading. Mr. Smotherman expressed his desire to try and accommodate the requests of the neighborhood residents and to have a black chain link fence between the two rows of tree buffers. Council discussed the idea and decided that, on the east side of the property, the PVC fence would be used and, along the north and south sides of the property, a black chain link fence would be built between the two lines of tree buffers. If the property to the south develops, then the black chain link fence along the south side could be removed. Mr. LaLance made a motion to pass the amended ordinance on first reading. Mr. Smotherman seconded the motion. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: Ronnie Martin Mayor McFarland left the meeting at this time. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated February 6, 2020 here with regards to rezoning approximately 2.41 acres located along the south side of Franklin Road [2019-443].) Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-49 adopted by the City Council on December 19, 2019, to consider rezoning approximately 2.41 acres along Franklin Road, west of Rucker Lane, from Commercial Fringe (CF) District to Planned Commercial Development (PCD) District (Tire World PCD); Tire World PCD, applicant [2019-443]. Notice of said public hearing was published in the January 21, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to approve the rezoning and introduced Mr. Matt Taylor, SEC Inc., who presented the proposed plans for the development.  February 6, 2020 Page 7 Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 2.41 acres located along the south side of Franklin Road 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, Vice-Mayor Scales Harris declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-OZ-49 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 2.41 acres located along Franklin Road, west of Rucker Lane, from Commercial Fringe (CF) District to Planned Commercial Development (PCD) District (Tire World PCD); Tire World PCD, applicant [2019-443],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Martin. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Nay: None Abstain: Rick LaLance The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated February 6, 2020 here with regards to rezoning approximately 0.3 acres located along East Vine Street and Kerr Avenue [2019-439].) Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-50 adopted by the City Council on December 19, 2019, to consider rezoning approximately 0.3 acres located along East Vine Street and Kerr Avenue from Single-Family Residential Eight (RS-8) District to Single-Family Residential Four (RS-4) District; Will Crunk, applicant [2019-439]. Notice of said public hearing was published in the January 21, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to approve the rezoning. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 0.3 acres located along East Vine Street and Kerr Avenue step forward to the podium. There  February 6, 2020 Page 8 was no one present who wished to speak for or against the proposed rezoning and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-OZ-50 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 0.3 acres located along East Vine Street and Kerr Avenue from Single-Family Residential Eight (RS-8) District to Single-Family Residential Four (RS-4) District; Will Crunk, applicant [2019-439],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, 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 Nay: None There being no further business, Vice-Mayor Scales Harris adjourned this meeting at 7:56 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER