City Council

September 24, 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, September 24, 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 Kirt Wade Shawn Wright Vice-Mayor Scales Harris 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 Angela Jackson, Executive Director Community Services Mark Foulks, Chief of Fire & Rescue Robert Holtz, Building and Codes Director Nate Williams, Parks and Recreation Director Matthew Blomeley, Assistant Planning Director Joshua Miller, Administrative Assistant Mayor McFarland commenced the meeting with a prayer followed by Ethan Stachura, a sophomore at Blackman High School, leading the Pledge of Allegiance. Mayor McFarland announced that Item No. 7 on the Consent Agenda was to be pulled and that Item No. 4 was to be heard as new business. The Consent Agenda was presented to the Council for approval: 1. Cooperative Agreement between City and Mid-Cumberland Human Resources Agency (Community Services) 2. Edward Byrne Memorial Justice Assistance Grant Award (JAG) (Finance) 3. GovDeals’ Financial Settlement Services Contract Addendum (Finance) 4. Emergency Medical Services Director (Fire Rescue) (Heard under “new business”) 5. Contract Extension with the York Veterans Administration (Fire Rescue) 6. Extend Agreements for Healthcare Ancillary Products (Human Resources) 7. Issue RFP for Flexible Spending Account (Human Resources) (Pulled) 8. Network Cyber Security Service (Information Technology) 9. Contract Extension - Axon Enterprise, Inc. (Police) 10. Banner Requests across East Main Street: (Street)  September 24, 2020 Page 2 a. Parks Department from August 20 - 30, 2021 to promote the 75th Annual City Tennis Tournament at the Adams Tennis Complex b. Exchange Club of Murfreesboro from May 22 - 31, 2021 to promote The Healing Field – Flags of Remembrance 11. Amendment to Contract with TDOT for Fiscal Year 2020 Preventive Maintenance Expenses (Transportation) (Insert letters from Community Services, Finance (2), Fire Rescue, Human Resources, IT, Police, Street & Transportation here.) Mr. LaLance made a motion to approve the Consent Agenda except for Items No. 4 & 7. Mr. Wright seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Chief of Fire & Rescue was presented to the Council: (Insert letter dated September 24, 2020 here with regards to a contract for Emergency Medical Services Medical Director.) Mr. Mark Foulks, Chief of Fire & Rescue, presented an agreement with Vanderbilt University Medical Center for an EMS Medical Director, Dr. Jeremy Crook, to oversee MFRD’s Emergency Medical Services for $24,000 per year. Chief Foulks explained that, due to Dr. Galloway’s resignation as the current EMS Medical Director, the City was statutorily mandated to fill the position and an opportunity had arisen to partner with Vanderbilt University Medical Center, a recognized leader in emergency medical services. Ms. Jeanne Yeatman, Vanderbilt LifeFlight, explained to Council that Dr. Jeremy Crook was a Rutherford County resident and was extremely passionate about emergency medical services. She stated that, in addition to Dr. Crook, MFRD would also have access to a team of emergency medical physicians to assist them with medical direction on emergency calls. Council engaged in a discussion regarding this matter and asked questions of staff as to the timing of this decision to enter into an agreement with Vanderbilt University Medical Center; the reasoning behind Vanderbilt University Medical Center being selected for this agreement; and the City and County’s Interlocal Agreement regarding the medical director position. Mr. LaLance made a motion to defer a vote on an agreement with Vanderbilt University Medical Center for an EMS Medical Director. Mr. Wade seconded the motion. A roll call vote was conducted with Mr. LaLance, Mr. Shacklett, and Mr. Wade voting “Aye” and Vice-Mayor Scales Harris, Mr. Martin, Mr. Wright and Mayor McFarland voting “Nay”, resulting in a failed motion. Mr. Wright made a motion to approve the agreement with Vanderbilt University Medical Center for an EMS Medical Director which failed for a lack of a second.  September 24, 2020 Page 3 Mr. Shacklett made a motion to reconsider the motion to defer a vote on an agreement with Vanderbilt University Medical Center for an EMS Medical Director. Mr. LaLance seconded the motion. A roll call vote was conducted with Mr. LaLance, Mr. Shacklett and Mr. Wade voting “Aye” and Vice-Mayor Scales Harris, Mr. Martin, Mr. Wright, and Mayor McFarland voting “Nay”, resulting in a failed motion. Mr. Martin made a motion to deny the agreement with Vanderbilt University Medical Center for an EMS Medical Director which failed for a lack of a second. Mr. Martin made a motion to reconsider the motion to deny an agreement with Vanderbilt University Medical Center for an EMS Medical Director. Vice-Mayor Scales Harris seconded the motion. Mr. Wade made a subsidiary motion to defer a vote to deny an agreement with Vanderbilt University Medical Center for an EMS Medical Director. Mr. Wright seconded the motion and then withdrew his second. A roll call vote was conducted on Mr. Martin’s motion to reconsider the motion to deny an agreement with Vanderbilt University Medical Center for an EMS Medical Director with Mr. Martin voting “Aye” and Vice-Mayor Scales Harris, Mr. LaLance, Mr. Shacklett, Mr. Wade, Mr. Wright and Mayor McFarland voting “Nay”, resulting in a failed motion. Mr. LaLance made a motion to defer a vote on an agreement with Vanderbilt University Medical Center for an EMS Medical Director. Mr. Wade seconded the motion. A roll call vote was conducted with Vice-Mayor Scales Harris, Mr. LaLance, Mr. Shacklett, Mr. Wade, Mr. Wright and Mayor McFarland voting “Aye” and Mr. Martin voting “Nay”. The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated September 24, 2020 here with regards to an Amendment to the Sign Ordinance [2020-802].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-28 adopted by the City Council on August 20, 2020, to consider amending Murfreesboro City Code, Chapter 25.2 Signs, Sections 25.2-2, 25.2-4, 25.2-23, 25.2-24, 25.2-25, and Section 25.2-26, for the purposes of: (1) adding a definition of “External Customer Transaction Portal” and allow certain, limited electronic changeable signs at external locations such as ATMs, drive-up windows and gasoline pumps; (2) allow the immediate disposition of temporary signs picked up in the ROW; (3) prohibit certain materials from use in signage; (4) reduce the maximum allowable size of temporary signs; and (5) allow murals on more than two sides of a building. Notice of said  September 24, 2020 Page 4 public hearing was published in the September 8, 2020 issue of the local newspaper as follows: (Insert notice here.) Mr. Robert Holtz, Building and Codes Director, presented examples of the proposed changes and the unanimous recommendation of the Planning Commission to approve the Sign Ordinance amendments. Mr. Holtz answered questions from Council which centered around temporary signs and proposed changes to fees, timeframe to pick up signs and locating right-away for placement. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Sign Ordinance amendments, step forward to the podium. There was no one present who wished to speak for or against the proposed Sign Ordinance amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 20-O-28 amending Murfreesboro City Code, Chapter 25.2 Signs, Sections 25.2-2, 25.2-4, 25.2-23, 25.2-24, 25.2-25, and Section 25.2- 26, for the purposes of: (1) adding a definition of “External Customer Transaction Portal” and allow certain, limited electronic changeable signs at external locations such as ATMs, drive-up windows and gasoline pumps; (2) allow the immediate disposition of temporary signs picked up in the ROW; (3) prohibit certain materials from use in signage; (4) reduce the maximum allowable size of temporary signs; and (5) allow murals on more than two sides of a building,” was read to the Council and offered for passage on first reading upon motion made 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 Bill Shacklett Kirt Wade Shane McFarland Nay: Rick LaLance Ronnie Martin Shawn Wright The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated September 24, 2020 here with regards to zoning of approximately 78 acres located along Northwest Broad Street [2019-424].) Mr. Matthew Blomeley, Assistant Planning Director, explained that some issues that staff had regarding this application have been addressed since first reading but that staff  September 24, 2020 Page 5 was still concerned with were regarding the adjacent industrial uses incompatibility; undesirable streetscape; and the ability of the City to efficiently provide services to the proposed development. Mr. Matt Taylor, SEC Inc., presented updated plans for the development which included decreased density; upgrades to the quality of the homes; housing distance; increased buffers; private trash collection; and inclusion of a camera on a traffic signal pole to notify if a train is blocking the road, to assist with the dispatching of emergency services. 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],” which was deferred on first reading on April 30, 2020, was read to the Council and offered for passage on first reading upon motion made by Mr. Martin, 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 Kirt Wade Shane McFarland Nay: None Abstain: Shawn Wright The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated September 24, 2020 here with regards to Mandatory Referral for right-of-way abandonment along Esther Lane.) Mr. Matthew Blomeley, Assistant Planning Director, presented the request of the Planning Department to abandon a portion of the Esther Lane right-of-way to help facilitate a building addition for an adjacent business. Mr. LaLance made a motion to approve the abandonment of a portion of the Esther Lane right-of-way, subject to staff comments, seconded by Mr. Shacklett. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council:  September 24, 2020 Page 6 (Insert letter dated September 24, 2020 here with regards to Mandatory Referral for abandonment of sanitary sewer easement along East Vine Street and First Avenue.) Mr. Matthew Blomeley, Assistant Planning Director, presented the request of the Planning Department to abandon the sanitary sewer easement along East Vine Street and First Avenue. Mr. Martin made a motion to approve the abandonment of the sanitary sewer easement along East Vine Street and First Avenue, subject to staff comments, seconded by Mr. LaLance. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated September 24, 2020 here with regards to scheduling public hearings for October 22, 2020 for zoning applications to approximately 0.4 acres at Dill Lane and approximately 78 acres along Medical Center Parkway; schedule public hearings for November 5, 2020 for annexation of approximately 1 acre along Clays Mill Drive and approximately 2.12 acres along Veterans Parkway and zoning applications for approximately 2.12 acres along Veterans Parkway and approximately 46.5 acres along Lascassas Pike.) The following RESOLUTION 20-R-PH-32 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Wright. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-32 here scheduling a Public Hearing on October 22, 2020 to consider a proposed amendment to rezone approximately 0.4 acres located at 206 Dill Lane from Single-Family Residential Fifteen (RS-15) District to Single-Family Residential Eight (RS-8) District; The Journey Home, Inc., applicant [2020-410].) The following RESOLUTION 20-R-PH-33 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Wright. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright  September 24, 2020 Page 7 Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-33 here scheduling a Public Hearing on October 22, 2020 to consider a proposed amendment to rezone approximately 78 acres along Medical Center Parkway, Robert Rose Drive, Wilkinson Pike, and Willowoak Trail from Mixed Use (MU) District, Gateway Design Overlay 1 (GDO-1) District, and Gateway Design Overlay 2 (GDO-2) District to Planned Unit Development (PUD) District (Clari Park PUD), Commercial Highway (CH) District, Gateway Design Overlay 1 (GDO-1) District, and Gateway Design Overlay 2 (GDO-2) District; Hines Acquisitions, LLC, applicant [2020-409].) The following RESOLUTION 20-R-PH-34 was read to the Council and offered for adoption upon motion made by Mr. Wright, 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 Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-34 here scheduling a Public Hearing on November 5, 2020 to consider adoption of a Plan of Services for and annexation of approximately 1 acre along Clays Mill Drive and Sulphur Springs Road; Allison Magna and Elizabeth Helander, applicants [2020-503].) The following RESOLUTION 20-R-PH-35 was read to the Council and offered for adoption upon motion made by Mr. Wright, 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 Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-35 here scheduling a Public Hearing on November 5, 2020 to consider (1) adoption of a Plan of Services for and annexation of 2.12 acres and (2) zoning of approximately 2.12 acres along Veterans Parkway, north of Franklin Road, to Commercial Highway (CH) District; Overall Creek Partners and Somphone Ruangtip, applicants [2020-502] & [2020-411].)  September 24, 2020 Page 8 The following RESOLUTION 20-R-PH-36 was read to the Council and offered for adoption upon motion made by Mr. Wright, 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 Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-36 here scheduling a Public Hearing on November 5, 2020 to consider a proposed amendment to approximately 46.5 acres in the Planned Residential Development (PRD) District (Laurelstone PRD) located along Lascassas Pike, North of DeJarnette Lane; Goodall Homes, LLC, applicant [2020-412].) The following letter from the Parks and Recreation Director was presented to the Council: (Insert letter dated September 24, 2020 here with regards to LPRF Grant Agreement for Jordan Farm Soccer Facility Amenities.) Mr. Nate Williams, Parks and Recreation Director, presented the request of the Parks and Recreation Department to approve the LPRF Grant Agreement for the Jordan Farm Soccer Facility amenities from the Tennessee Department of Environment and Conservation in the amount of $250,000 and a 50% match of $250,000 from the City for a total project cost of $500,000. Mr. Wade made a motion to approve the LPRF Grant Agreement in the amount of $250,000 and a 50% match from the City in the amount of $250,000 for a total project cost of $500,000 for the Jordan Farm Soccer Facility amenities. Mr. LaLance seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The City Recorder/Finance Director announced that there were not any beer permits, statements, nor any board or commission appointments to be considered. Mayor McFarland expressed his condolences at the passing of Mr. Boyd Evans who served on the Gateway Commission and asked Council to consider any recommendations they might have to fill his vacancy on the Commission. Vice-Mayor Scales Harris made a motion to rescind the City Manager’s decision to lift the City administrative directive regarding face coverings in the City workplace. Mr. Martin seconded the motion.  September 24, 2020 Page 9 Council engaged in discussion regarding the end of the County’s mask mandate; the ability to enforce the administrative directive; and the potential need to reinstate face coverings for the City workplace as a whole. A roll call vote on the Vice-Mayor’s motion was conducted with Vice-Mayor Scales Harris, Mr. Martin and Mr. Shacklett voting “Aye” and Mr. LaLance, Mr. Wade, Mr. Wright and Mayor McFarland voting “Nay”, resulting in a failed motion. There being no further business, Mayor McFarland adjourned this meeting at 8:06 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER