City Council

May 21, 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 21, 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, Council Member 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 Greg McKnight, Planning Director Matthew Blomeley, Assistant Planning Director Chad Gehrke, Airport Manager Joshua Miller, Administrative Assistant Mr. Wade commenced the meeting with a prayer followed by introducing Mr. Christopher Curtis, Valedictorian at Riverdale High School, Eagle Scout, and 3-year letterman, who will be attending West Point U.S. Military Academy, to lead the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. 2020 THDA Continuum of Care COVID-19 Pandemic Response Grant (Community Development) 2. Overall Creek FEMA MT-2 Letter of Map Revision (Development Services) 3. Community Investment Program Funds Transfer (Finance) 4. Mandatory Referral for Dedication of Waterline and Temporary Construction Easements along Burnt Knob Road (Planning) 5. Mandatory Referral for Irrigation Lines in Public Right-of-Way at Legacy Pointe (Planning) 6. Mandatory Referral for Abandonment of Sanitary Sewer Easement along Westlawn Boulevard (Planning) (Insert letters from Community Development, Development Services, Finance, & Planning (3) here.)  May 21, 2020 Page 2 Mr. Shacklett made a motion to approve the Consent Agenda. Mr. Smotherman 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 21, 2020 here regarding rezoning approximately 5.4 acres in the Old Fort Plaza PUD located along Old Fort Parkway [2019-447].) 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],” which passed first reading on May 7, 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-08 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 21, 2020 regarding rezoning approximately 0.36 acres located at the northwest corner of East Vine Street [2020-401].) 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],” which passed first reading on May 7, 2020, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote:  May 21, 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 20-OZ-09 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 21, 2020 here regarding rezoning approximately 2.42 acres located along East College Street, North Church Street, East Lytle Street, and North Spring Street [2019-434].) 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],” which passed first reading on May 7, 2020, was read to the Council and offered for passage on second and final reading upon motion made 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 20-OZ-10 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 21, 2020 here regarding rezoning approximately 27.9 acres located along New Salem Highway and Barfield Road [2020-402].) 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  May 21, 2020 Page 4 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],” which passed first reading on May 7, 2020, was read to the Council and offered for passage on second 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 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-11 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 21, 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].) 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],” which passed first reading on May 7, 2020, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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-O-12 here.)  May 21, 2020 Page 5 The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated May 21, 2020 here regarding Resolution 20-R-10 – Unclaimed Property Request.) The following RESOLUTION 20-R-10 was read to the Council and offered for adoption upon motion made by Mr. LaLance, 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-10 here with regards to requesting unclaimed balance of accounts remitted to State Treasurer under Unclaimed Property Act.) The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated May 21, 2020 here regarding Budget Amendment Ordinance 20-O-15.) An ordinance, entitled “ORDINANCE 20-O-15 amending the 2019-2020 Budget (3rd Amendment),” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, 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 City Recorder/Finance Director was presented to the Council: (Insert letter dated May 21, 2020 here regarding Amendment of the City Ordinance permitting regulated take-out and delivery of beer.) Council questioned locations that would be covered under this ordinance, who would I.D. the purchaser to determine legal age for alcohol purchase and beer container types were discussed with staff. Council requested that plastic be added to Section 2(B) as a container type, before passage.  May 21, 2020 Page 6 An ordinance, entitled “ORDINANCE 20-O-16 amending the Murfreesboro City Code, Chapter 4, Alcoholic Beverages, Article IV, Beer, authorizing the sale of beer within the City Limits via delivery and take-out service,” 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 Planning Director was presented to the Council: (Insert letter dated May 21, 2020 here with regards to a Plan of Services and annexation for approximately 190 linear feet (0.22 acres) of Annell Drive right-of-way (ROW) [2020-501].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-06.1 adopted by the City Council on April 2, 2020, to consider adoption of a Plan of Services for and annexation of approximately 190 linear feet (0.22 acres) of Annell Drive right-of-way (ROW); City of Murfreesboro, applicant [2019-516]. Notice of said public hearing was published in the May 5, 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. 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 190 linear feet (0.22 acres) of Annell Drive right-of-way (ROW) 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-06 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance  May 21, 2020 Page 7 Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 20-R-PS-06 here with regards to Plan of Services for approximately 190 linear feet (0.22 acres) of Annell Drive right-of-way (ROW); City of Murfreesboro, applicant [2019-516].) The following RESOLUTION 20-R-A-06 was read to the Council and offered for adoption upon motion made by Mr. LaLance seconded by 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-A-06 here with regards to annexation for approximately 190 linear feet (0.22 acres) of Annell Drive right-of-way (ROW), and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee; City of Murfreesboro, applicant [2019-516].) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 21, 2020 here with regards to rezoning for approximately 1.11 acres located at the southeast corner of South Academy Street and East Sevier Street [2019-446].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-07.1 adopted by the City Council on April 2, 2020, to consider a proposed amendment of the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, to rezone approximately 1.11 acres along South Academy Street, north of East State Street, from Highway Commercial (CH) District and City Core Overlay (CCO) District to Planned Unit Development (PUD) District (Greenhouse Ministries PUD) and City Core Overlay (CCO) District; Greenhouse Ministries, applicant [2019-446]. Notice of said public hearing was published in the May 5, 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.  May 21, 2020 Page 8 Matt Taylor, SEC, 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 1.11 acres located along South Academy Street, north of East State 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. An ordinance, entitled “ORDINANCE 20-OZ-07 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 1.11 acres along South Academy Street, north of East State Street, from Highway Commercial (CH) District and City Core Overlay (CCO) District to Planned Unit Development (PUD) District (Greenhouse Ministries PUD) and City Core Overlay (CCO) District; Greenhouse Ministries, applicant [2019-446],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, 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 21, 2020 here with regards to scheduling a public hearing for zoning amendment in the Westlawn PUD for approximately 10.5 acres located along Veterans Parkway.) The following RESOLUTION 20-R-PH-17 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  May 21, 2020 Page 9 (Insert RESOLUTION 20-R-PH-17 here fixing the time for holding a public hearing on June 18, 2020, so as to consider a proposed amendment to approximately 10.5 acres in the Planned Unit Development (PUD) District (Westlawn PUD) located along Veteran’s Parkway; Saint Thomas Rutherford, applicant [2020-404].) Mayor McFarland announced that Agenda Item Number 18, a board and commission appointment, was to be pulled from the agenda. The City Recorder/Finance Director announced that there were not any beer permits nor any payment of statements to be considered. Under other business, the following letter from the Airport Manager was presented to the Council: (Insert letter dated May 21, 2020 here with regards to Airport Terminal furniture, fixtures, and equipment.) Mr. Chad Gehrke, Airport Manager, presented the request to approve the change order in the amount of $423,018 to be used for the purchase of audio-visual equipment, signage, and kitchen equipment for the new Airport Terminal. Mr. Shacklett made a motion to approve the change order in the amount of $423,018. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the Executive Director of Development Services was presented to the Council: (Insert letter dated May 21, 2020 here with regards to Quitclaim Deed Tax Parcel 90J A 32.0 – Greenbrier S/D Lot 9.) Mr. Sam Huddleston, Executive Director of Development Services, presented the request to approve the Quitclaim Deed for Tax Parcel 90J A 32.0 and abandonment of any City interest in the parcel which appears to have been created in 1978 for a proposed sewage ejection station that was never constructed. Mr. Smotherman made a motion to approve the Quitclaim Deed. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 6:32 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER