City Council

April 30, 2020 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, consistent with the Governor’s order and the Declaration of Emergency with the City, members of the City Council are all participating by electronic means as has been determined necessary to protect public health, safety, and welfare in light of the coronavirus pandemic at 6:00 p.m. on Thursday, April 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 Gary Whitaker, Assistant City Manager/ Development and Coordination Darren Gore, Assistant City Manager/ Utility Enterprise Sam Huddleston, Executive Director/ Development Services Greg McKnight, Planning Director Matthew Blomeley, Assistant Planning Director Mr. Shacklett commenced the meeting by asking Dr. John Hinkle of First Presbyterian Church to lead a prayer followed by Mayor McFarland leading the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Emergency Solutions Grant Budget Amendment for 2019-2020 (Community Development) 2. Annual Actuary Services (Finance) 3. CIP Funds Transfers (Finance) 4. Credit Card Policy (Finance) 5. Mandatory Referral for Right-of-Way and Easement Abandonment along Titans Circle (Planning) (Insert letters from Community Development, Finance (3) & Planning here.) Mr. LaLance 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 Assistant Planning Director was presented to the Council: (Insert letter dated April 30, 2020 here regarding rezoning for approximately 39.9 acres located along Manson Court and Manson Pike [2018-420].) An ordinance, entitled “ORDINANCE 18-OZ-56 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  April 30, 2020 Page 2 in force and effect to zone approximately 39.9 acres along Manson Pike and Manson Court as Planned Unit Development (PUD) District (Shelton Grove PUD), simultaneous with annexation; Crescent Homes, applicant [2018-420],” which passed first reading on January 31, 2019, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, 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 Shane McFarland Abstain: Rick LaLance Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-56 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 30, 2020 here with regards to Plan of Services, annexation, and zoning for approximately 65 acres and 78 acres, respectively, located along Northwest Broad Street [2019-508] & [2019-424].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-01.1 adopted by the City Council on March 19, 2020, to consider (1) adoption of a Plan of Services for and annexation of 65 acres and (2) zoning of approximately 65 acres located along Northwest Broad Street to Planned Unit Development (PUD) District and rezoning of approximately 13 acres along Northwest Broad Street from Single Family Residential Fifteen (RS-15) District and Light Industrial (L-I) District to Planned Unit Development (PUD) District (River Landing PUD); Springboard Landing, Inc., Mary Hord Haymore Children, LP, and D.R. Horton, Inc., applicants [2019- 508] & [2019-424]. Notice of said public hearing was published in the April 14, 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, with staff’s reservations regarding the ability of the City to effectively and efficiently provide services to the area.  April 30, 2020 Page 3 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 65 acres located along Northwest Broad Street step forward to be heard. 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, Mr. Greg McKnight, Planning Director, confirmed that no one had signed up to participate in the Zoom public comment session so Mayor McFarland declared the public hearing closed. The following RESOLUTION 20-R-PS-01 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 Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: Eddie Smotherman (Insert RESOLUTION 20-R-PS-01 here to adopt a Plan of Services for approximately 65 acres along Northwest Broad Street; Springboard Landing, Inc., applicants [2019-508].) The following RESOLUTION 20-R-A-01 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 Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shane McFarland Nay: Eddie Smotherman (Insert RESOLUTION 20-R-A-01 here with regards to annexation for approximately 65 acres along Northwest Broad Street; Spring Board Landing, Inc. and Mary Hord Haymore Children, LP, applicants [2019-508].) 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 gave a brief presentation of the proposed plans for the development and Mr. Daniel Clawson, D.R. Horton, Inc., who presented what he viewed as the most attractive features regarding the proposed development. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 78 acres and 65 acres, respectively, located along Northwest Broad Street step forward to be heard.  April 30, 2020 Page 4 There was no one present who wished to speak for or against the proposed rezoning and, after ample time had been given, Mr. Greg McKnight, Planning Director, confirmed that no one had signed up to participate in the Zoom public comment session so Mayor McFarland declared the public hearing closed. Mr. Blomeley explained that some concerns staff had were regarding the Plan of Services and the ability of the City to efficiently provide services to the proposed development. Mr. Gary Whitaker, Assistant City Manager Development and Coordination, explained that regarding fire service to the area, if a call comes in, the City has to send fire trucks from two separate stations to the area because of the possibility of a train blocking a road and the problems that could arise from that duplication of resources. Mr. LaLance expressed his concerns that the City could not adequately provide emergency services to the area and his concern with the developer only planning a bridge stub and not committing to building a full bridge. Mr. Smotherman expressed his concerns with the project, particularly with the high density of the proposed development and the problems it would cause with traffic and the services the City can provide to the area. An ordinance, entitled “ORDINANCE 20-OZ-01 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 65 acres along Northwest Broad Street as Planned Unit Development (PUD) District, simultaneous with annexation, and to rezone approximately 13 acres along Northwest Broad Street from Single-Family Residential Fifteen (RS-15) District and Light Industrial (L-I) District to Planned Unit Development (PUD) District (River Landing PUD); D.R. Horton, Inc., applicant [2019-424],” was read to the Council and offered for deferral upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was deferred on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shane McFarland Nay: Eddie Smotherman The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 30, 2020 here with regards to rezoning for approximately 0.89 acres located along Bradyville Pike, west of Minerva Drive [2019-445].)  April 30, 2020 Page 5 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-02.1 adopted by the City Council on March 19, 2020, to consider a proposed amendment to rezone approximately 0.89 acres along Bradyville Pike, west of Minerva Drive, from Single Family Residential Ten (RS-10) District to Planned Commercial Development (PCD) District; Ken Xayabudda, applicant [2019-445]. Notice of said public hearing was published in the April 14, 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. Clyde Rountree, Huddleston-Steel Engineering Inc., who presented a brief presentation of the proposed plans for the development. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 0.89 acres located along Bradyville Pike, west of Minerva Drive, step forward to be heard. There was no one present who wished to speak for or against the proposed rezoning and, after ample time had been given, Mr. Greg McKnight, Planning Director, confirmed that no one had signed up to participate in the Zoom public comment session so Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-OZ-02 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 0.89 acres along Bradyville Pike, west of Minerva Drive, from Single-Family Residential Ten (RS-10) District to Planned Commercial Development (PCD) District; Ken Xayabudda, applicant [2019-445],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. 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 Assistant Planning Director was presented to the Council:  April 30, 2020 Page 6 (Insert letter dated April 30, 2020 here with regards to rezoning for approximately 0.71 acres located along the south side of East Vine Street, east of South Highland Avenue [2019-440].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-03.1 adopted by the City Council on March 19, 2020, to consider a proposed amendment to rezone approximately 0.71 acres, along the south side of East Vine Street, east of South Highland Avenue, from Single-Family Residential Eight (RS-8) District to Planned Residential Development (PRD) District (East Vine Villas PRD); Blue Sky Construction, Inc., applicant [2019-440]. Notice of said public hearing was published in the April 14, 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. Clyde Rountree, Huddleston-Steel Engineering Inc., who gave a brief presentation of the proposed plans for the development. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 0.71 acres along the south side of East Vine Street, east of South Highland Avenue, step forward to be heard. There was no one present who wished to speak for or against the proposed rezoning and, after ample time had been given, Mr. Greg McKnight, Planning Director, confirmed that no one had signed up to participate in the Zoom public comment session so Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-OZ-03 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 0.71 acres along East Vine Street, east of South Highland Avenue, from Single-Family Residential Eight (RS-8) District to Planned Residential Development (PRD) District (East Vine Villas PRD); Blue Sky Construction, Inc., applicant [2019-440],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. Smotherman. 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  April 30, 2020 Page 7 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 30, 2020 here with regards to Zoning Ordinance Amendment pertaining to the definition of “family”, variances, lighting fixtures at recreational fields, and landscaping for stormwater management areas [2019-809].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-04.1 adopted by the City Council on March 19, 2020, to consider amending Murfreesboro City Code Appendix A-Zoning, pertaining to the definition of “family”, variances, height of light fixtures for recreational fields, and landscaping for stormwater management areas; City of Murfreesboro Planning Department, applicant [2019-809]. Notice of said public hearing was published in the April 14, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, explained how the ordinance changes would be applied and that the proposed changes were approved by the Planning Commission with a vote of 7-0. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to the Zoning Ordinance, step forward to be heard. There was no one present who wished to speak for or against the proposed amendments to the Zoning Ordinance and, after ample time had been given, Mr. Greg McKnight, Planning Director, confirmed that no one had signed up to participate in the Zoom public comment session so Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-O-04 amending Murfreesboro City Code Appendix A—Zoning, Sections 2, 10, 18, and 27, pertaining to the definition of “family”, variances, height of light fixtures for recreational fields, and landscaping for stormwater management areas; City of Murfreesboro Planning Staff, applicant [2019-809],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. Shacklett. 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  April 30, 2020 Page 8 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated April 30, 2020 here with regards to scheduling public hearings for zoning along North Thompson Lane, West College Street and West Northfield Boulevard and zoning along the northeast corner of Gold Valley Drive and North Rutherford Boulevard.) The following RESOLUTION 20-R-PH-13 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-13 here to schedule a public hearing for June 4, 2020 to consider zoning of approximately 30 acres located along North Thompson Lane, West College Street, and West Northfield Boulevard as PSO [2020-403]; New Vision Baptist Church, applicant.) The following RESOLUTION 20-R-PH-14 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, 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 20-R-PH-14 here to schedule a public hearing for June 4, 2020 to consider zoning of approximately 1.44 acres located at the northeast corner of Gold Valley Drive and North Rutherford Boulevard to be rezoned from PCD to PRD (Rutherford Corner PRD) [2020-435]; Masterson Homes, Inc., applicant.) The following letter from the Assistant City Attorney was presented to the Council: (Insert letter dated April 30, 2020 here with regards to RESOLUTION 20-R-09 setting fees for small cell installation applications.) The following RESOLUTION 20-R-09 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  April 30, 2020 Page 9 Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-09 here authorizing an adjustment to the fees for submission of applications for permits for installation of small wireless facilities.) Upon recommendation of Mayor McFarland, Mr. Shacklett made a motion to appoint Ms. Michelle Thomas (term expires May 3, 2023) to fill the vacancy left by Ms. Judy S. Smith and to reappoint Mr. Charlie Teasley (term expires May 3, 2020) to the Murfreesboro Housing Authority. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director announced that there were not any beer permits nor any statements to be considered. There being no further business, Mayor McFarland adjourned this meeting at 7:50 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER