City Council

October 22, 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, October 22, 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 Darren Gore, Assistant City Manager Sam Huddleston, Executive Director/ Development Services Pam Russell, Human Resources Director Robert Holtz, Building and Codes Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Joshua Miller, Administrative Assistant Council Member Rick LaLance commenced the meeting with a prayer followed by the Pledge of Allegiance. Ms. Pam Russell, Human Resources Director, recognized STARS Award recipients Mr. Anthony Wolfe, Murfreesboro Street Department employee, and Mr. Jeremy Vassar, Murfreesboro Fleet Department employee. Mr. Wolfe was operating a boom mower and Mr. Vassar was following in a truck in the Barfield Park area. An elderly gentleman flagged them down and told them there was a woman at the park with a flat tire and asked if they could assist her. They found the woman in the parking lot with two small children. It was a hot day, and she was concerned about getting them out of the heat. Mr. Wolfe and Mr. Vassar were able to find a spare tire under her car and changed it out for her. Mayor McFarland presented plaques recognizing Mr. Wolfe and Mr. Vassar for going above and beyond the call of duty to help this citizen in her time of need stating that truly they represent the best of what Murfreesboro City Employees have to offer exhibiting core values and creating a better quality of life for citizens.  October 22, 2020 Page 2 Mayor McFarland proclaimed that, in the City of Murfreesboro, October 22, 2020 would be known as a day to recognize the production team for City TV for winning over 19 awards at a national level. Mayor McFarland proclaimed that, in the City of Murfreesboro, October 22, 2020 would also be known as a day to honor Victoria Eady Butler, a Murfreesboro resident, for her accomplishments as a Master Distiller at the Uncle Nearest Distillery. Ms. Butler is the great granddaughter of Nathan “Nearest” Green, the slave that taught the “Lincoln County Distilling Process” to a young Jack Daniels. Mr. Wade stepped out at this time. The Consent Agenda was presented to the Council for approval: 1. Hotel/Motel Occupancy Tax Examination (Finance) 2. FY 2021 City Manager Approved Budget Amendments (Finance) 3. Change Order No. 1 for Close-out of McKnight Park Maintenance Building Construction Project (Parks & Recreation) (Insert letters from Finance (2) and Parks & Recreation here.) Mr. LaLance made a motion to approve the Consent Agenda, seconded by Mr. Wright. A roll call vote was conducted and all members of the Council present voted “Aye”. Mr. Wade returned to the meeting at this time. The following letter from the Building and Codes Director was presented to the Council: (Insert letter dated October 22, 2020 here with regards to an amendment to the Sign Ordinance [2020-802].) Mr. Wright made a motion to amend Ordinance 20-O-28 in order to provide more warning to sign owners before their signs were confiscated and then withdrew his motion in order to engage in discussion regarding the Ordinance with staff. 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,” which passed first reading on September 24, 2020, was read to the Council and offered for deferral on second and final reading upon motion made by Mr. LaLance, seconded by Mr. Wright. Upon roll call said ordinance was deferred by the following vote:  October 22, 2020 Page 3 Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Kirt Wade Shawn Wright Shane McFarland Nay: None The following letter from the Budget Director was presented to the Council: (Insert letter dated October 22, 2020 here with regards to Fiscal Year 2021 Budget Amendment Ordinance.) An ordinance, entitled “ORDINANCE 20-O-31 amending the 2020-2021 Budget (2nd Amendment),” which passed first reading on October 14, 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 Kirt Wade Shawn Wright Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 20-O-31 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated October 22, 2020 here with regards to rezoning approximately 0.66 acres along Dill Lane, south of East Main Street and north of Mercury Boulevard [2020-410].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-32 adopted by the City Council on September 24, 2020, to consider a proposed amendment to rezone approximately 0.66 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]. Notice of said public hearing was published in the October 6, 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 of the property along  October 22, 2020 Page 4 Dill Lane and announced that Mr. Scott Foster, Journey Home Director, was present to answer any questions that Council may have. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 0.66 acres located along Dill Lane, south of East Main Street and north of Mercury Boulevard, 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-32 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 0.66 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],” 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 Kirt Wade Shawn Wright Shane McFarland Nay: None The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated October 22, 2020 here with regards to rezoning approximately 78 acres along Medical Center Parkway, Robert Rose Drive, Wilkinson Pike and Willowoak Trail [2020-409].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 20-R-PH-33 adopted by the City Council on September 24, 2020, to consider a proposed amendment to rezone approximately 78 acres located 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 (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]. Notice of said public hearing was published in the October 6, 2020 issue of the local newspaper as follows: (Insert notice here.)  October 22, 2020 Page 5 Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to approve the rezoning of the property along Medical Center Parkway, Robert Rose Drive, Wilkinson Pike, and Willowoak Trail. He commented on staff’s concerns regarding the project and introduced Mr. Randy Caldwell, Ragan Smith, and Mr. Walter O’Shea, Hines Acquisitions, who gave a brief presentation on the proposed plans for the development. Mr. Sam Huddleston, Executive Director Development Services, and Ms. Margaret Ann Green, Principal Planner, presented the Council with an explanation of the “Gateway Standard” stressing the uniqueness of the Gateway area; examples of different types of architecture that would meet the “Gateway Standard”; the elements of the proposed development plans that are not up to that standard; and the attempts to stress the importance of that standard to the developer. 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 located along Medical Center Parkway, Robert Rose Drive, Wilkinson Pike and Willowoak Trail, step forward to the podium. The following were opposed to the rezoning of approximately 78 acres located along Medical Center Parkway, Robert Rose Drive, Wilkinson Pike and Willowoak Trail because of concerns with increased traffic, water drainage/flooding issues and the high density of the proposed project: Mr. Adam Seaborn - 2726 Crosswoods Drive Ms. Madeline Zotti - 2721 Highland Park Drive Mr. Richard Lyles - 2667 Crosspark Drive Ms. Regina Heasley – 109 Shadeland Court Mr. Paul Wisdom representing Ms. Charlene Hinkle - 2666 Wilkinson Pike Mr. Bill Ketron – 2510 Blantons Point Ms. Patricia Bowland - 2512 West Park Drive Ms. Deborah Gray - 2660 Crosspark Drive Mr. James Transport, 2721 Highland Park Drive, opposed the rezoning stating his concern with traffic issues and that the proposed buildings are too tall. Mr. Gary Keckley, GoodWorks Unlimited, LLC Director of Development, voiced his support of the rezoning stating that he represents the Villages of Murfreesboro, a senior living community next to the proposed development, and believes that Hines Acquisitions will be a perfect partner to the City. Ms. Lauren Roland, General Manager, Big V Property Group, voiced her support of the rezoning stating that the proposed development could help boost the Avenue’s growth. Ms. Brenda Pennington, Stones River Battlefield NPS Superintendent, opposed the rezoning stating that the increased traffic will diminish the serenity of the battlefield; the  October 22, 2020 Page 6 battlefield’s fence is frequently hit by cars due to traffic issues and more traffic will increase that problem; and the battlefield suffers from flooding issues which will be increased by more development. There was no one else 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. Council asked questions of Mr. Hines and staff regarding the proposed development plans and the questions raised by the citizens during the public comment hearing. An ordinance, entitled “ORDINANCE 20-OZ-33 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 78 acres located 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],” was read to the Council and offered for denial upon motion made by Mr. LaLance, seconded by Mr. Wright. Upon roll call said ordinance was denied by the following vote: Aye: Rick LaLance Kirt Wade Shawn Wright Shane McFarland Nay: Ronnie Martin Bill Shacklett Abstain: Madelyn Scales Harris The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated October 22, 2020 here with regards to scheduling a public hearing for November 19, 2020 for zoning application for PSO (Planned Signage Overlay District) for Costco Wholesale for approximately 20.2 acres located along Beasie Road and Warrior Drive [2020-420].) The following RESOLUTION 20-R-PH-37 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 Kirt Wade Shawn Wright Shane McFarland  October 22, 2020 Page 7 Nay: None (Insert RESOLUTION 20-R-PH-37 here fixing the time for holding a Public Hearing on November 19, 2020 to consider a proposed amendment to zone approximately 20.2 acres along Beasie Road and Warrior Drive as Planned Signage Overlay (PSO) District; Costco Corporation, applicant [2020-420].) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated October 22, 2020 here with regards to scheduling public hearings for November 19, 2020 for zoning application to amend PSO (Planned Signage Overlay District) for approximately 70.7 acres at St. Thomas Rutherford Hospital [2020-415]; zoning application for approximately 1.23 acres located along the east side of Gresham Lane to be rezoned from RS-15 to CH [2020-417]; zoning application for approximately 12.56 acres located along Christie Knob Way to be rezoned from CH to PRD [2020-413]; and zoning application for approximately 1 acre along Gresham Lane to be rezoned from CL to PCD [2020-414].) The following RESOLUTION 20-R-PH-38 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 Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-38 here fixing the time for holding a Public Hearing on November 19, 2020 to consider a proposed amendment to approximately 70.7 acres of the Planned Signage Overlay (PSO) District located along North Thompson Lane, Medical Center Parkway and Gateway Boulevard; Ascension Saint Thomas, applicant [2020-415].) The following RESOLUTION 20-R-PH-39 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 Kirt Wade Shawn Wright Shane McFarland Nay: None  October 22, 2020 Page 8 (Insert RESOLUTION 20-R-PH-39 here fixing the time for holding a Public Hearing on November 19, 2020 to consider a proposed amendment to rezone approximately 1.23 acres along the east side of Gresham Lane from Single-Family Residential Fifteen (RS-15) District to Commercial Highway (CH) District; Tony Emmanuel, applicant [2020-417].) The following RESOLUTION 20-R-PH-40 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 Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-40 here fixing the time for holding a Public Hearing on November 19, 2020 to consider a proposed amendment to rezone approximately 12.56 acres along Christie Knob Way from Commercial Highway (CH) District to Planned Residential Development (PRD) District (Tiger Hill Townhomes PRD); Celebration Homes, applicant [2020-413].) The following RESOLUTION 20-R-PH-41 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 Kirt Wade Shawn Wright Shane McFarland Nay: None (Insert RESOLUTION 20-R-PH-41 here fixing the time for holding a Public Hearing on November 19, 2020 to consider a proposed amendment to rezone approximately 1.0 acre along Gresham Lane from Local Commercial (CL) District to Planned Commercial Development (PCD) District (Secure Lawn PCD); Mark Lovinski, applicant [2020-414].) The following letter from the Building and Codes and Human Resources Directors was presented to the Council: (Insert letter dated October 22, 2020 here with regards to reassignment of duties of Disabled Residence Access Committee.) An ordinance, entitled “ORDINANCE 20-O-24 amending the Murfreesboro City Code, Chapter 2, Article XIV, by eliminating the Disabled Resident Access Committee and designating responsibility and authority for addressing concerns relating to access to City  October 22, 2020 Page 9 facilities and services and participation in City activities and functions by individuals with disabilities,” 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 Shawn Wright Shane McFarland Nay: None Mr. Robert Holtz, Building and Codes Director, presented the request to approve the revised Employee Handbook Policy No: 2008, relating to applicability of the ADA and ADA Coordinators in order to make the Employee Handbook compliant with Ordinance 20-O-24. Mr. Wade made a motion to approve the revised Employee Handbook Policy No: 2008. Mr. LaLance seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. The following letter from the Human Resources Director was presented to the Council: (Insert letter dated October 22, 2020 here with regards to agreement for Employee Medical Benefits.) Ms. Pam Russell, Human Resources Director, presented the request of the Human Resources Department to approve new agreements for Medical, Dental, FSA, and Pharmacy employee benefits. She announced that the City will see an annual rate reduction of 6% for medical, 12% for dental, 3% for pharmacy, no increase for FSA and a $4,000 increase for the Benistar Plan. Mr. LaLance made a motion to approve the new agreements for Medical, Dental, FSA and Pharmacy employee benefits with Wage Works, Benistar, Blue Cross Blue Shield, Delta Dental and Elixer. Mr. Wright seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. A recommendation to be considered under other business from the Human Resources Director was presented to the Council at this time: (Insert letter dated October 22, 2020 here with regards to amendment to Wageworks FSA Plan.) Ms. Pam Russell, Human Resources Director, presented the request of the Human Resources Department to approve an amendment to the Wageworks FSA Plan to allow up to $550 of a participant’s unused health FSA to be carried over immediately to the following year.  October 22, 2020 Page 10 Mr. Wade made a motion to approve an amendment to the Wageworks FSA Plan to carry over up to $550 of a participants unused health FSA to the next year. Mr. Wright seconded the motion. A roll call vote was conducted and all members of the Council voted “Aye”. Mayor McFarland announced that Item No. 13 on the Agenda, Approve Administrative Changes to the MED Pension Plan, and Item No. 14, Contract to Purchase New Golf Carts for Old Fort Golf Club had been pulled. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated October 22, 2020 here with regards to Beer Permit Application for Murfreesboro Strike & Spare at 1720 Old Fort Parkway, Suite 201 and Special Event Permit for Center for the Arts on 10/17/20 at 312 South Front Street.) Mr. Wade made a motion to approve the Beer Permit for Murfreesboro Strike & Spare, 1720 Old Fort Parkway, Suite 201 (Ownership Change - Correction) and the Special Event Permit for Center for the Arts on 10/17/20 at Cannonsburgh Village, 312 S Front Street (Ratification). Mr. Wright 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 statements nor any board or commission appointments to be considered. Mayor McFarland explained that Agenda Item No. 13, regarding the MED Pension Plan changes, had been pulled so staff could gather more information in determining the best way to handle the changes. Mayor McFarland announced that the joint City/County EMS Task Force meetings have been successful and that both sides are close to an agreement. There being no further business, Mayor McFarland adjourned this meeting at 9:29 p.m. SHANE MCFARLAND – MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER