City Council

May 7, 2020 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, consistent with the Governor’s order, members of the City Council are 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, May 7, 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 Vice-Mayor Scales Harris, Councilmember Ronnie Martin, and City Attorney Adam Tucker participated telephonically at this meeting. 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 Darren Gore, Assistant City Manager Sam Huddleston, Executive Director/ Development Services David Ives, Assistant City Attorney Greg McKnight, Planning Director Matthew Blomeley, Assistant Planning Director Joshua Miller, Administrative Assistant Mr. Smotherman commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. City Paving Contract Renewal (Engineering) 2. City Concrete and Storm Drainage Annual Contract Renewal (Engineering) 3. City Specialty Paving Contract Renewal (Engineering) 4. Cintas Citywide Agreement (Facilities) 5. Bid Approval for Fire Helmets (Fire Rescue) 6. Mandatory Referral for Irrigation Lines in Public Right-of-Way at Blackman Village (Planning) 7. Computer Equipment Purchase Request (Police) 8. Main Street Banner Request: (Street) a. Murfreesboro Symphony December 5–14, 2020 b. Murfreesboro Symphony February 3-13, 2021 c. Murfreesboro Symphony April 7-17, 2021 9. 2019 Pole Attachment Expense Payment (Transportation) 10. Asphalt Purchases Report (Water Resources) 11. Lagoon Water Treatment Residuals Removal (Water Resources) 12. Meter Vaults Bid (Water Resources)  May 7, 2020 Page 2 13. Purchase and Installation of Energy Pump Management for High Service Pump Station (Water Resources) 14. Purchase of Sodium Hypochlorite (Water Resources) 15. Purchase of Water Resource Recovery Facility Traveling Irrigators (Water Resources) 16. Replacement of Water Resource Recovery Facility Roof (Water Resources) 17. Water/Wastewater Mechanical/Electrical Services Contract Task Order 19-12 (Water Resources) (Insert letters here from Engineering (3), Facilities, Fire & Rescue, Planning, Police, Street, Transportation, & Water Resources (8) here.) Mr. Shacklett made a motion to approve the Consent Agenda. Mr. LaLance 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 May 7, 2020 here regarding rezoning approximately 0.89 acres located along Bradyville Pike [2019-445].) 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],” which passed first reading on April 30, 2020, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, 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 20-OZ-02 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 7, 2020 here regarding rezoning approximately 0.71 acres located along the south side of East Vine Street, east of South Highland Avenue [2019-440].) 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  May 7, 2020 Page 3 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],” which passed first reading on April 30, 2020, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. Shacklett. 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 20-OZ-03 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 7, 2020 here regarding amendments to the Zoning Ordinance regarding the definition of “family”, variances, lighting fixtures at recreation fields, and landscaping for stormwater management areas [2019-809].) 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],” which passed first reading on April 30, 2020, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, 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 20-O-04 here.) The following letter from the Assistant Planning Director was presented to the Council:  May 7, 2020 Page 4 (Insert letter dated May 7, 2020 here with regards to Plan of Services, annexation, and zoning for approximately 26.8 acres and 27.9 acres, respectively, located along New Salem Highway and Barfield Road [2020-501] & [2020-402].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-11 adopted by the City Council on March 19, 2020, to consider (1) adoption of a Plan of Services for and annexation of 26.8 acres and (2) zoning of approximately 26.8 acres to Commercial Highway (CH) District and rezoning of approximately 1.1 acres from Single-Family Residential Fifteen (RS-15) District to Commercial Highway (CH) District along New Salem Highway and Barfield Road; New Salem Land Development, LLC, applicant [2020-402] & [2020-501]. Notice of said public hearing was published in the April 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, pending a public hearing. 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 26.8 acres located along New Salem Highway and Barfield 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 20-R-PS-11 was read to the Council and offered for adoption upon motion made by Vice-Mayor Scales Harris, seconded by 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 20-R-PS-11 here with regards to adopting a Plan of Services for approximately 26.8 acres along New Salem Highway and Barfield Road; New Salem Land Development, LLC, applicant [2020-402].)  May 7, 2020 Page 5 The following RESOLUTION 20-R-A-11 was read to the Council and offered for adoption upon motion made by Mr. Wade, 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 20-R-A-11 here with regards to annexation for approximately 26.8 acres along New Salem Highway and Barfield Road; New Salem Land Development, LLC, applicant [2020-501].) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the rezoning and introduced Mr. Matt Taylor, SEC 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 26.8 acres located along New Salem Highway and Barfield 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, Mayor McFarland declared the public hearing closed. Mr. LaLance expressed his concern regarding the potential for the developer to build a truck stop with the Commercial Highway zoning and his desire to amend the ordinance to remove truck stops as a permitted use on the property. Mr. Taylor assured the Council that the developer had no intention of building a truck stop on this property and would have no objection to the ordinance being amended to remove truck stops as potential uses. An ordinance, entitled “ORDINANCE 20-OZ-11 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 26.8 acres along New Salem Highway and Barfield Road to Commercial Highway (CH) District, simultaneous with annexation, and to rezone approximately 1.1 acres from Single-Family Residential Fifteen (RS-15) District to Commercial Highway (CH) District; New Salem Land Development, LLC, applicant [2020- 402],” amended to remove truck stops as a permitted use on the property, was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance,  May 7, 2020 Page 6 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 The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 7, 2020 here with regards to a Zoning Ordinance Amendment for the Old Fort Plaza PUD along Old Fort Parkway [2019-447].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-08 adopted by the City Council on March 19, 2020, to consider a proposed amendment to the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, to approximately 5.4 acres in the Planned Unit Development (PUD) District (Old Fort Plaza PUD) located along Old Fort Parkway; Autumn Plaza Partners, applicant [2019-447]. Notice of said public hearing was published in the April 21, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the Zoning Ordinance amendment, and 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 Zoning Ordinance amendment for approximately 5.4 acres located along Old Fort Parkway step forward to the podium. There was no one present who wished to speak for or against the proposed Zoning Ordinance amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-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 amend the conditions applicable to approximately 5.4 acres in the Planned Unit Development (PUD) District (Old Fort Plaza PUD) located along Old Fort Parkway as indicated on the attached map; Autumn Plaza Partners, applicant [2019- 447],” was read to the Council and offered for passage on first reading upon motion made by Mr.  May 7, 2020 Page 7 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 Shane McFarland Nay: None The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 7, 2020 here with regards to rezoning for approximately 0.36 acres located at the northwest corner of East Vine Street and South Bilbro Avenue [2020-401].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-09 adopted by the City Council on March 19, 2020, to consider a proposed amendment to the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, to rezone approximately 0.36 acres along East Vine Street and South Bilbro Avenue from Single-Family Residential Eight (RS-8) District to Planned Residential Development (PRD) District (Bilbro & Vine Towns PRD); Greg Stanley, applicant [2020-401]. Notice of said public hearing was published in the April 21, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the rezoning and introduced Mr. Clyde Rountree, Huddleston-Steele Engineering, and Mr. Michael Picklesimer, Project Architect, 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 0.36 acres located along East Vine Street and South Bilbro Avenue 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, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-OZ-09 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 0.36 acres along East Vine Street and South Bilbro Avenue from Single-Family Residential Eight (RS-8) District to Planned Residential Development (PRD) District (Bilbro & Vine Towns PRD); Gregg Stanley, applicant [2020- 401],” was read to the Council and offered for passage on first reading upon motion made  May 7, 2020 Page 8 by Mr. Shacklett, seconded by Mr. Wade. 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: (Insert letter dated May 7, 2020 here with regards to rezoning for approximately 2.42 acres located along East College Street, North Church Street, East Lytle Street, and North Spring Street [2019-434].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-10 adopted by the City Council on March 19, 2020, to consider a proposed amendment to the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, to rezone approximately 2.42 acres along East College Street, North Spring Street, East Lytle Street, and North Church Street from General Office- Residential (OG-R) District to Planned Unit Development (PUD) District (One East College PUD); 705 4th Avenue South Holding Company, applicant [2020-434]. Notice of said public hearing was published in the April 21, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the rezoning and introduced Mr. Matt Taylor, SEC, 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 2.42 acres along East College Street, North Spring Street, East Lytle Street, and North Church Street 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, Mayor McFarland declared the public hearing closed. Vice-Mayor Scales Harris asked what the construction timeline for the project was and Mr. Martin questioned if the recent economic downturn would cause a delay in that schedule.  May 7, 2020 Page 9 Mr. Taylor answered that the timeline was to begin construction in summer 2020 with the project taking an estimated two and a half years to finish and that the construction start date was going to be delayed due to the current state of the economy. An ordinance, entitled “ORDINANCE 20-OZ-10 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 2.42 acres along East College Street, North Spring Street, East Lytle Street, and North Church Street from General Office - Residential (OG-R) District to Planned Unit Development (PUD) District (One East College PUD); 705 4th Avenue South Holding Company, applicant [2020-434],” 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: 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: (Insert letter dated May 7, 2020 here with regards to a Zoning Ordinance Amendment regarding the definition of “yard”, timeframes for Planning Commission review of zoning applications, outdoor storage and displays, and several other miscellaneous changes [2020-801].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-12 adopted by the City Council on March 19, 2020, to consider amending Murfreesboro City Code Appendix A-Zoning, Sections 2, 6, 7, 13, 18, 24, and 25 pertaining to outdoor storage, timeframe for holding zoning public hearings, site plan review timeframe to fit within new review cycle, yard encroachments, and minimum lighting; City of Murfreesboro Planning Staff, applicant [2020-801]. Notice of said public hearing was published in the April 21, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the Zoning Ordinance amendment.  May 7, 2020 Page 10 Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Zoning Ordinance amendment step forward to the podium. There was no one present who wished to speak for or against the proposed Zoning Ordinance amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-O-12 amending Murfreesboro City Code Appendix A— Zoning, Sections 2, 6, 7, 13, 18, 24, and 25 pertaining to outdoor storage, timeframe for holding zoning public hearings, site plan review timeframe to fit within new review cycle, yard encroachments, and minimum lighting; City of Murfreesboro Planning Staff, applicant [2020-801],” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Wade. 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 City Manager was presented to the Council: (Insert letter dated May 7, 2020 here with regards to Regulatory Assistance for NPDES permit renewal.) Mr. Darren Gore, Assistant City Manager, presented the request of the Water Resources Department to approve the Regulatory Assistance proposal with Hayzen and Sawyer and the associated Master Services Agreement, subject to Legal approval, for $203,700. Mr. LaLance made a motion to approve the proposal with Hayzen and Sawyer and the associated MSA, subject to legal approval. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated May 7, 2020 here with regards to Shelton Square Special Sanitary Sewer Assessment District.) Mr. Darren Gore, Assistant City Manager, presented a proposal for the Shelton Square Special Sanitary Sewer Assessment District in the amount of $500 per single family unit or equivalent. Mr. Gore stated that this proposal was just for review and no vote would be called.  May 7, 2020 Page 11 The City Recorder/Finance Director announced that there were not any licensing, board or commission appointments, nor any statements to be considered. There being no further business, Mayor McFarland adjourned this meeting at 7:15 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER