City Council

MURFREESBORO CITY COUNCIL AGENDA January 14, 2016 (Continued) 11. Consider recommendations of the Airport Commission: Approve State Aeronautics Grant to host the Air Race Classic. Board & Commission Appointments 12. A. Appointments to the Murfreesboro Art Committee. B. Appointment to the Rutherford County Wayfinding Program Board. Beer Permits Payment of Statements Other Business from Staff or City Council Adjourn . . . creating a better quality of life January 14, 2016 Honorable Mayor and Members of the City Council: RE: Item I. Storybook Cooking Item II. NatureScapes and Wildlife Portraits Item III. Nature Journaling Item IV. Overnight Use of Cannonsburgh by Blacksmiths Association As items for the Consent Agenda, it is recommended that Council approve three new programs and a request for overnight use of Cannonsburgh. Item I. – Storybook Cooking Background MPRD’s Cultural Arts Murfreesboro would like to add a cooking program for children ages 3-5 and their caretakers. Each class will be led by a part-time MPRD staff member and will involve the reading of a short book and then a related no-bake cooking craft that will serve as a snack for participants. The program will be held at Sports Com from 11:15 a.m. until 12:00 noon on Fridays starting March 11, 2016. Creativity, healthy eating, and reading will all be encouraged through this program. Fiscal Impact A fee of $3.00 per child/caretaker pair is requested to cover the cost of the food per class. Books will be checked out from a library. Concurrence The Murfreesboro Parks and Recreation Commission unanimously approved this program at its January 6, 2016, meeting. Recommendation The Council’s approval of the Storybook Cooking program and its fee is respectfully requested. Murfreesboro Parks and Recreation Department 697 Veterans Parkway * P.O. Box 748 * Murfreesboro, Tennessee 37133-0748 Phone 615 890 5333 * Fax 615 904 6507 * TDD 615 849 2689 * www.murfreesborotn.gov Consent Agenda Page Two January 14, 2016 Item II. – NatureScapes and Wildlife Portraits Background This program is for individuals ages 13 and up and will be held on Saturday, March 26, 2016, at the Wilderness Station from 10:00 a.m. until 12:00 noon. It will be an artist-led program in which the artist/instructor will take participants through a step-by-step painting process of wildlife/nature themes. Reservations are required, and space will be limited. Materials will be provided. Fiscal Impact The requested fee for this program is $15.00 per person, which includes materials needed. Concurrence The Murfreesboro Parks and Recreation Commission unanimously approved the NatureScapes and Wildlife Portraits program with a fee of $15.00 per person. Recommendation I respectfully request Council’s approval of the above program and related fee. Item III. – Nature Journaling Background This program is proposed for adults on Saturday, April 30, 2016, at the Wilderness Station from 9:00 a.m.-11:00 a.m. Participants will be taught ways to observe, sketch, and appreciate the beauty and mystery of nature. An instruction manual and supplies will be provided. Fiscal Impact A fee of $15.00 is requested to cover the two hours of instruction, supplies, and the related manual. Concurrence The Murfreesboro Parks and Recreation Commission unanimously approved this program at its January 6, 2016, meeting. Recommendation I respectfully request Council’s approval of the Nature Journaling program with its $15.00 fee. Item IV. – Overnight Request of Blacksmiths Association at Cannonsburgh Background The Appalachian Area Chapter of Blacksmiths is holding its 2016 regional conference at Cannonsburgh May 20-21. A group of demonstrators would like to use the grounds of Cannonsburgh Village overnight during this time to stay close to their equipment. This chapter Consent Agenda Page Three January 14, 2016 of blacksmiths has stayed overnight at Cannonsburgh during other annual conventions without any problems. Fiscal Impact None Concurrence The overnight use of Cannonsburgh Village by a group of the Blacksmiths Appalachian Area Chapter members during their May 20-21, 2016, convention was unanimously approved by the Murfreesboro Parks and Recreation Commission at its January 6, 2016, meeting. Recommendation I respectfully request the approval of Council to allow this group overnight use of Cannonsburgh Village as described. Respectfully, Lanny Goodwin, CPRP Director LG/mch  ORDINANCE 15-OZ-63 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 12.6 acres along Osborne Lane as Single-Family Residential Twelve (RS-12) District, Stuart Conway, applicant. [2015-423] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to zone the territory indicated on the attached map. SECTION 2. That from and after the effective date hereof the area depicted on the attached map be zoned and approved as Single-Family Residential Twelve (RS-12) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright David A. Ives City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\63 - 15-oz-63.doc 11/18/2015 9:54:53 AM #1  CLOVERCROFT DR FT D R FO LC R O RCROF DR T I LL C I R STONE M Area Zoned Ê C LO VE D A LLA S RS-12 CT MACK CT T DR ON DR BUD N EPO N SE CT ROBINS KITTY FR A N KCT Murfreesboro City Limits LD D R FITZGERA OSBO R N E LN HARDWICK ST SHOREHAM B LA K E CT ST Ordinance 15-OZ-63  ORDINANCE 15-O-67 amending the 2015-2016 Budget (3rd amendment). WHEREAS, the City Council adopted the 2015-2016 Budget by motion; and, WHEREAS, the City Council adopted an appropriations ordinance, Ordinance 15- O-35 on June 18, 2015 to implement the 2015-2016 Budget; 1st amendment by Ordinance 15-O-44 on July 30, 2015; and 2nd amendment by Ordinance 15-O-45 on October 22, 2015; and, WHEREAS, it is now desirable and appropriate to adjust and modify the 2015- 2016 Budget by this Ordinance to incorporate expenditure decisions for the 2015-2016 fiscal year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The 2015-2016 Budget adopted by the City Council is hereby revised and amended as shown on Exhibit A, attached hereto. SECTION 2. That this Ordinance take effect immediately upon and after its passage upon third and final reading, as an emergency Ordinance, the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading December 10, 2015 2nd reading January 7, 2016 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright David A. Ives City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\67 - 15-o-67.doc 12/7/2015 10:40:47 AM #1 Exhibit A-Revised Page 1 BUDGET AMENDMENT AS PREVIOUSLY AMENDED INCREASE Department Account AMENDED BUDGET (DECREASE) GENERAL FUND GENERAL FUND REVENUES REVENUES BUILDING AND CODES ELECTRICAL PERMITS 388,000 439,787 $ 51,787 GENERAL REVENUE RENTAL OF PROPERTY 155,508 191,508 36,000 $ 87,787 EXPENDITURES EXPENDITURES BUILDING AND CODES FULL-TIME SALARY 1,242,805 1,282,027 $ 39,222 SOCIAL SECURITY 97,818 100,818 3,000 HEALTH INSURANCE 278,433 282,413 3,980 RETIREMENT (401A) 13,681 14,662 981 WORKERS' COMP 10,365 10,657 292 MILEAGE REIMBURSEMENT 65,000 67,500 2,500 TELEPHONE 3,500 3,682 182 CELL PHONE 16,000 16,600 600 FIXED ASSETS <$5,000 3,000 4,030 1,030 NON-DEPARTMENTAL UNFORESEEN CONTINGENCIES & EXP 495,080 2,095,080 1,600,000 1,651,787 CHANGE IN FUND BALANCE (CASH) CHANGE IN FUND BALANCE (CASH) $ (4,714,765) (6,278,765) (1,564,000) AIRPORT FUND AIRPORT FUND REVENUES STATE GRANT $ 2,215,457 $ 4,215,457 $ 1,471,000 EXPENDITURES ADDITION TO FIXED ASSETS $ 2,451,987 $ 4,451,987 $ 1,471,000 (RUNWAY EXTENSION)  ORDINANCE 15-OZ-65 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 53 acres along Blackman Road as Highway Commercial (CH) District (approximately 42.8 acres) and Commercial Fringe (CF) District (approximately 10.4 acres); Benjamin Sikes and Thomas Meadow, applicant. [2015-427] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to zone the territory indicated on the attached map. SECTION 2. That from and after the effective date hereof the territory depicted on the attached map be zoned and approved as Highway Commercial (CH) District and Commercial Fringe (CF) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said territory of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the territory. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright David A. Ives City Recorder City Attorney SEAL mjp \\puckett\legal\scans\melanie\65 - 15-oz-65.doc 12/4/2015 4:22:23 PM #1 BUR Ê NT K NO MANSON CT BR D MANSON PIKE RD Area AN Zoned CH RS-15 HN R 840 £ ¤ BL D AC KM VA UG BURROWS AV E LATIMER BURROW JOH S NL AVE EE LN Murfreesboro City Limits CH Area Zoned CF RS-12 PRD CF Ordinance 15-OZ-65 RS- RS-10 15  ORDINANCE 15-OZ-68 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 91.5 acres in the Planned Residential Development (PRD) District located along Veterans Parkway (Sheffield Park PRD); Beazer Homes, applicant [2015-426]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to modify the conditions of the Planned Residential Development (PRD) District, as indicated on the attached map, for the purpose of revising subdivision layout and lot sizes. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be subject to all the terms and provisions of said Ordinance applicable to such districts, the plans and specifications filed by the applicant, and any additional conditions and stipulations set forth in the minutes of the Planning Commission and City Council relating to this zoning request. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright David A. Ives City Recorder City Attorney SEAL mjp \\puckett\legal\scans\melanie\68 - 15-oz-68.doc 12/14/2015 4:14:21 PM #1 Ê PRD NDREW S DR VE TE RS-15 R SAINT A AN S PK W PUD Y l vd ell B k w l ac Area B Amended LA N CT YD E H TE R PRD KYBALD CT DR N LN ERV RS-8 IEW RM- 16 WON D RS-15 Ordinance 15-OZ-68  ORDINANCE 15-OZ-69 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 3.9 acres along Otter Trail from Residential Zero Lot-Line (RZ) District to Residential Multi-Family Sixteen (RM-16) District (approximately 2.1 acres) and from Residential Multi-Family Sixteen (RM-16) District to Residential Zero Lot-Line (RZ) District (approximately 1.8 acres); Swanson Development, applicant [2015- 428]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to rezone the territory indicated on the attached map. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be zoned and approved as Residential Zero Lot-Line (RZ) District and Residential Multi-Family Sixteen (RM-16) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright David A. Ives City Recorder City Attorney SEAL mjp \\puckett\legal\scans\melanie\69 - 15-oz-69.doc 12/14/2015 3:00:10 PM #1  CH Ê JACK BY R NES D RM-16 R Area Rezoned from RZ to RM-16 KWY RZ VETERANS P RS-15 OTTER T RL RS-15 RM-16 Area Rezoned from RM-16 to RZ CL Ordinance 15-OZ-69 PUD  ORDINANCE 15-OZ-70 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 22.5 acres in the Planned Residential Development (PRD) District located east of Cason Lane (Three Rivers PRD) as indicated on the attached map; Green Trails, LLC, applicant [2015-430]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to modify the conditions of the Planned Residential Development (PRD) District, as indicated on the attached map, for the purpose of revising the housing type and layout. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be subject to all the terms and provisions of said Ordinance applicable to such districts, the plans and specifications filed by the applicant, and any additional conditions and stipulations set forth in the minutes of the Planning Commission and City Council relating to this zoning request. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright David A. Ives City Recorder City Attorney SEAL mjp \\puckett\legal\scans\melanie\70 - 15-oz-70.doc 12/14/2015 4:16:16 PM #1  Ê F BUF A LO RIV E Area PRD DR R Amended LD O N LN E E E IN CAS CR D R K OOD C T RS-12 W LOCK RS-10 Ordinance 15-OZ-70 . . . creating a better quality of life January 8, 2016 Honorable Mayor and Members of City Council: As an item for the Regular Agenda, it is recommended that City Council consider for approval Reimbursement Resolution 16-R-02 for the design and construction of a Miracle Field at McKnight Park. Background On July 30, 2015, Project 14 and the Parks and Recreation Department presented the concept of the Miracle Field to the City Council for their endorsement and approval. Since that time, the City has approved architectural and engineering services for design and construction of the Mir- acle Field complex, and Project 14 is engaging fundraising for the project. A reimbursement resolution is necessary to keep the project on track and moving forward. The groundbreaking for this project is scheduled for February 4, 2016. Fiscal Impact In the 2015 CIP, $2,750,000 was allocated for this project. Concurrences This project has been endorsed and approved by Murfreesboro Parks and Recreation Commis- sion and Project 14. Recommendation It is recommended that City Council approve Reimbursement Resolution 16-R-02 and that the Mayor be authorized to sign all necessary documents pending Legal Department review. Respectfully, Lanny Goodwin, CPRP Director Attachment Reimbursement Resolution 16-R-02 Murfreesboro Parks and Recreation Department 697 Barfield Crescent Park * P.O. Box 748 * Murfreesboro, Tennessee 37133-0748 Phone 615 890 5333 * Fax 615 904 6507 * TDD 615 849 2689 * www.murfreesborotn.gov  RESOLUTION 16-R-02 expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the Miracle Field at McKnight Park, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee. WHEREAS, the City of Murfreesboro, Tennessee (“Municipality”), is in the process of causing certain capital expenditures to be made with respect to certain public works projects, consisting of the constructing, erecting, improving, and equipping of a Miracle Field at McKnight Park of the Municipality, including but not necessarily limited to planning, design, architectural or engineering expenses, and construction (collectively, the “Project”); and, WHEREAS, the City Council of the Municipality desires to establish its official intent that certain of the expenditures related to the Project and certain other related expenditures be reimbursed out of notes, bonds, or other indebtedness to be issued or incurred in the future by the Municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The City Council hereby finds and determines as follows: (a) that it is in the best interest of the Municipality to proceed immediately with the Project, thereby incurring certain capital expenditures; (b) that the Municipality has certain funds available which may be used temporarily for this purpose, pending the issuance of bonds, notes, or other indebtedness of the Municipality; (c) that the City Council anticipates that the Municipality will issue its bonds, notes, or other indebtedness for the purpose of financing the Project; (d) that the City Council reasonably expects to reimburse such amounts to such fund or source from which the expenditures may be made on a temporary basis as soon as proceeds from issuance of such bonds, notes, or other indebtedness are available; and, (e) that this declaration of official intent is consistent with the budgetary and financial circumstances of the Municipality. SECTION 2. The City Council of the Municipality hereby establishes its official intent to issue bonds, notes, or other indebtedness to finance the costs of the Project and other related expenditures in an amount not to exceed Two Million, Seven Hundred and Fifty Thousand and NO/100 Dollars ($2,750,000.00). Pending the issuance of such bonds, notes, or other indebtedness, funds necessary to finance such costs shall be advanced from such sources of funds on hand and available for such purpose, and any amounts so advanced shall be reimbursed from the proceeds of the tax-exempt bonds, notes, or other indebtedness when issued or incurred. SECTION 3. The Municipality will comply with the applicable state or local law mjp \\puckett\legal\files\council\resolutions\2016\02 - 16-r-02.docx 1/6/2016 3:28:57 PM #1 governing the public availability of records relating to its official acts with respect to this Resolution. SECTION 4. All actions of the officers, agents, and employees of the Municipality that are in conformity with the purposes and intent of this Resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed, and adopted. SECTION 5. This Resolution shall be effective immediately upon its passage and adoption, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright David A. Ives City Recorder City Attorney mjp \\puckett\legal\files\council\resolutions\2016\02 - 16-r-02.docx 1/6/2016 3:28:57 PM #2  RESOLUTION 16-R-02 expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures for the Miracle Field at McKnight Park, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee. WHEREAS, the City of Murfreesboro, Tennessee (“Municipality”), is in the process of causing certain capital expenditures to be made with respect to certain public works projects, consisting of the constructing, erecting, improving, and equipping of a Miracle Field at McKnight Park of the Municipality, including but not necessarily limited to planning, design, architectural or engineering expenses, and construction (collectively, the “Project”); and, WHEREAS, the City Council of the Municipality desires to establish its official intent that certain of the expenditures related to the Project and certain other related expenditures be reimbursed out of notes, bonds, or other indebtedness to be issued or incurred in the future by the Municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The City Council hereby finds and determines as follows: (a) that it is in the best interest of the Municipality to proceed immediately with the Project, thereby incurring certain capital expenditures; (b) that the Municipality has certain funds available which may be used temporarily for this purpose, pending the issuance of bonds, notes, or other indebtedness of the Municipality; (c) that the City Council anticipates that the Municipality will issue its bonds, notes, or other indebtedness for the purpose of financing the Project; (d) that the City Council reasonably expects to reimburse such amounts to such fund or source from which the expenditures may be made on a temporary basis as soon as proceeds from issuance of such bonds, notes, or other indebtedness are available; and, (e) that this declaration of official intent is consistent with the budgetary and financial circumstances of the Municipality. SECTION 2. The City Council of the Municipality hereby establishes its official intent to issue bonds, notes, or other indebtedness to finance the costs of the Project and other related expenditures in an amount not to exceed Two Million, Seven Hundred and Fifty Thousand and NO/100 Dollars ($2,750,000.00). Pending the issuance of such bonds, notes, or other indebtedness, funds necessary to finance such costs shall be advanced from such sources of funds on hand and available for such purpose, and any amounts so advanced shall be reimbursed from the proceeds of the tax-exempt bonds, notes, or other indebtedness when issued or incurred. SECTION 3. The Municipality will comply with the applicable state or local law mjp \\puckett\legal\files\council\resolutions\2016\02 - 16-r-02.docx 1/6/2016 3:28:57 PM #1 governing the public availability of records relating to its official acts with respect to this Resolution. SECTION 4. All actions of the officers, agents, and employees of the Municipality that are in conformity with the purposes and intent of this Resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed, and adopted. SECTION 5. This Resolution shall be effective immediately upon its passage and adoption, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright David A. Ives City Recorder City Attorney mjp \\puckett\legal\files\council\resolutions\2016\02 - 16-r-02.docx 1/6/2016 3:28:57 PM #2  . . . creating a better quality of life. Regular Agenda January 11, 2016 Honorable Mayor and Members of City Council Re: Planning Commission recommendations for scheduling public hearings. Background During its regular meeting on December 2, 2016 the Planning Commission conducted a public hearing on the matter listed below. After the public hearing the Planning Commission deferred the matter and then took action to recommend its approval on December 16, 2015: a. Rezoning application [2015-429] for approximately 2.2 acres located along Gresham Lane to be rezoned from RS-15 to RM-16, Alcorn Properties applicant. During its regular meeting on January 6, 2016 the Planning Commission conducted public hearings on the matters listed below. After the public hearings the Planning Commission discussed the matters and then took action to recommend their approval: b. Rezoning application [2015-432] for approximately 1.68 acres located along Dill Lane to be rezoned from RS-15 to RM-12, Randy Friedsam applicant. c. Rezoning application [2015-433] for approximately 8.56 acres located along Franklin Road to be rezoned from RS-15 to CF, Anthony Togrye applicant. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov Recommendation It is recommended that the City Council schedule the matters for public hearings. Concurrences The Murfreesboro Planning Commission has studied and conducted public hearings on each matter and recommends their approval. Fiscal Impact Staff is not aware of any fiscal impact that will result directly from this recommendation. Attachments 1. Illustrations of the areas. Respectfully Submitted, Margaret Ann Green, AICP Principal Planner  BRAXTON BRAGG DR PCD MIRANDA DR AREA RM-16 GRESHA M LN RS-15 CH Ê Rezoning Request for Area Along Gresham Ln GIS Department City Of Murfreesboro from RS-15 to RM-16 111 West Vine Street Murfreesboro, Tennessee 37130 www.murfreesborotn.gov 0 100 200 400 600 Path: G:\planning\rezon\greshamlnRS15_RM16.mxd Feet  CL RM-16 S RUTHERFORD BLVD NESBITT DR ST RM-12 CH E TT E N ARN PCD DILL L RM-16 AREA RS-15 RM-16 HARREL L CT RS- 70S £ ¤ 10 PRD CH RS-10 CH PRD PCD Rezoning Request for Area Along Dill Ln and Harrell Ct. from Ê GIS Department RS-15 to RM-12 City Of Murfreesboro 111 West Vine Street Murfreesboro, Tennessee 37130 0 100 200 400 600 www.murfreesborotn.gov Path: G:\planning\rezon\2125harrellct.mxd Feet  CT LUKE W CLEAR VIEW DR FORTRESS BLVD DR T CY C PASCH MER AL RS-15 £ ¤ 96 Y STATION WAY VICTOR C OTTO NWOOD D RUCKER L R PUD D N AREA BATTALION BLV CASTLEW OOD CT BIRCHWOO D CIR ROXBURGHE SWANHOLM E DR MEADOWW OOD DR PUD Ê Rezoning Request for Area Along Franklin Rd and Rucker Ln GIS Department City Of Murfreesboro from RS-15 to CF 111 West Vine Street Murfreesboro, Tennessee 37130 www.murfreesborotn.gov 0 200 400 800 1,200 Path: G:\planning\rezon\hwy96_rucker.mxd Feet  . . . creating a better quality of life. Regular Agenda January 11, 2016 Honorable Mayor and Members of City Council Re: A. Mandatory Referral/Right-of-Way Abandonment [2015-723] for the abandonment of an existing alley south of West Burton Street, Matt Taylor applicant. B. Mandatory Referral/Right-of-Way Abandonment [2015-725] for the abandonment of a portion of Williams Drive, Matt Taylor applicant. Background A. During its regular meeting on January 6, 2016, the Planning Commission held a public hearing and then considered the matter of abandoning a portion of West Burton Street right of way. The subject property is located along the south side of West Burton Street in between North Church Street and North Maple Street. It is on land that is proposed to be developed with the Rutherford County Judicial Center. The Judicial Center property, including the subject right-of-way, is currently in the process of being rezoned to PND (Planned Institutional District). The City Council voted to approve this rezoning request on third and final reading on December 10th. The subject right-of-way is an alley, and Staff is unsure of when this alley was originally dedicated. For many years, it essentially served to provide access to the back of the recently demolished commercial buildings that fronted North Maple Street. To a casual observer unaware that this was public right-of-way, it would have appeared that this alley was actually just a portion of the commercial lots along North Maple Street. At the time these buildings were demolished several months ago, the pavement in this alley was removed as well. The Judicial Center building is proposed to be located directly over where the alley right-of-way is presently located. The Planning Commission approved the site plan for the Judicial Center at its December 16th meeting. Approval was made subject to the abandonment of the alley and the subsequent transferal of the abandoned alley right-of-way to the applicant. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov  Staff has studied the proposed right-of-way abandonment and has included a memo with its findings. It appears that the abandonment of the alley right-of-way will not pose any problems for any of the utilities or service providers that were contacted, and no additional easements will be needed. The Planning Commission approved this request subject to the applicant being responsible for providing the necessary documents to the Legal Department for the drafting of the quitclaim deed and the abandoned right-of-way shall be shown on a subdivision plat as being incorporated into the Judicial Center lot of record. Attached is a report prepared by Planning Staff with correspondence from various department. The City Council will need to conduct a public hearing to consider abandoning this portion of West Burton Street right of way. B. During its regular meeting on January 6, 2016, the Planning Commission held a public hearing and then considered the matter of abandoning a portion of Williams Drive. Williams Drive can be accessed from Kennedy Drive, just off Gateway Boulevard. It is adjacent to land proposed to be developed with a commercial/medical office. The Planning Commission has approved plans for the site to develop with a commercial/medical office identified as Waterstone Office Park Lot 5A. Williams Drive has a 52’ wide right of way with two hammerheads at each end. The total study area is approximately 0.03 acres. The right of way was dedicated to the City with the Parkway Office Park commercial subdivision. The subject right-of-way is a turnout for a future southbound road which is no longer planned to be constructed and is approximately 0.03 acres. At the request of the City’s Transportation director, the applicant has initiated the right of way abonnement. Staff recommended including the entire turnout in the study. Attached is a report prepared by planning staff from the correspondence with various departments. Staff recommends. The Planning Commission conditioned approval of this request on maintaining an easement for the existing utilities which are currently located within the right of way that the applicant provides a legal description for the area, field locate the utilities to property locate the easement, and a re-subdivision plat. The City Council will need to conduct a public hearing to consider abandoning this portion of Williams Drive right of way. Recommendation It is the recommendation of the Murfreesboro Planning Commission to approve the request to abandon a portion of West Burton Street right of way and a portion of Williams Drive. The recommendation is to authorize the Mayor to sign a quitclaim deed as prepared by the City’s Legal Department.  . . . creating a better quality of life. Concurrences The Murfreesboro Planning Commission approved the matters as a mandatory referral item during its regular meeting on January 6, 2016. Fiscal Impact Staff is not aware of any fiscal impact that will result from these requests. Attachments 1. Right of way abandonment reports 2. Exhibits Respectfully Submitted Margaret Ann Ely Green, AICP Principal Planner Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov  W BURT ON S T E BURTO N ST AREA E ST N MA P L CH ST N CHUR G ST N SPRIN W LYTLE ST ST E LYTLE ST N MA P L E Proposed Right-of-Way Abandonment Ê GIS Department South of West Burton Street City Of Murfreesboro 111 West Vine Street Murfreesboro, Tennessee 37130 0 150 300 www.murfreesborotn.gov Path: G:\planning\ROW Abandonment\maple_Burton.mxd Feet EXISTING ALLEY TO BE ABANDONED AND QUITCLAIMED BACK TO RUTHERFORD COUNTY GOVERNMENT  . . . creating a better quality of life. Memorandum To: Gary Whitaker, Interim Planning Director From: Joe Ornelas Date: December 21, 2015 Re: Right of way abandonment- Alley south of West Burton Street Please find below a summary of the responses received regarding the captioned right of way abandonment. In summary: AT&T Officials from AT&T indicated that they are in the process of removing their cables within this ROW. The cable located along West Burton Street going east and west will remain. Murfreesboro Electric Department (MED) MED does not have any issues with closing this right of way. Murfreesboro Water and Sewer Department MWSD has abandoned all existing water and sewer lines within the existing alley and will not need an easement. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov  Page |2 Consolidated Utility District This ROW abandonment is not located within the CUD service boundary. Engineering Department The Engineering Department does not have any concerns with closing this portion right of way. No drainage easements will be needed. Transportation Department The Transportation Department does not have any concerns with closing this portion right of way Police Department The right of way abandonment will not affect the Murfreesboro Police Department. Solid Waste Department The Solid Waste Department will not be affected by the abandonment of this right of way. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov  DR KE NN ED Y WI LL IA MS DR AREA Ê Proposed Right-of-Way Abandonment and Mandantory Referral GIS Department City Of Murfreesboro for a Portion of Williams Drive 111 West Vine Street Murfreesboro, Tennessee 37130 www.murfreesborotn.gov 0 50 100 200 300 Path: G:\planning\ROW Abandonment\WilliamsDr.mxd Feet  . . . creating a better quality of life. Memorandum To: Gary Whitaker, Interim Planning Director From: Joe Ornelas Date: December 21, 2015 Re: Right of way abandonment - Williams Drive Please find below a summary of the responses received regarding the captioned right of way abandonment. In summary: AT&T AT&T has stated they will not need an easement within the proposed ROW to be abandoned. Murfreesboro Electric Department (MED) MED has an existing facility on the west side of the proposed abandonment. If the electric facilities are within the area to be abandoned, MED will require an easement for those facilities. Murfreesboro Water and Sewer Department MWSD has an existing 8” water main, 8” sewer main, and 8” repurified water main within Williams Drive. MWSD requests that a 10’ft water line easement be retained parallel to the water line on the south side in the area to be abandoned. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov  Page |2 Consolidated Utility District This ROW abandonment along Williams Drive is not located within CUD’s service boundary. Engineering Department The Engineering Department does not have any concerns with closing this portion right of way. Transportation Department The Transportation Department does not have any concerns with closing this portion right of way Police Department The right of way abandonment will not affect the Murfreesboro Police Department. Solid Waste Department The Solid Waste Department will not be affected by the closure of this right of way. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov PROPERTY DESCRIPTION PORTION OF THE RIGHT OF WAY FOR WILLIAMS DRIVE A TRACT OF LAND IN THE CITY OF MURFREESBORO, 13TH CIVIL DISTRICT OF RUTHERFORD COUNTY, TENNESSEE, BOUNDED ON THE NORTH AND WEST BY THE REMAINING RIGHT OF WAY FOR WILLIAMS DRIVE, AND ON THE EAST AND SOUTH BY THE REMAINING LANDS OF MARK PIRTLE GATEWAY LLC (R.B. 973, PG. 3914). PROPERTY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN WITH CAP (SEC) AT THE NORTHEAST CORNER OF LOT 5, PARKWAY OFFICE PARK SECTION II (PLAT BK. 34, PG. 205); THENCE WITH A NEW LINE SEVERING THE RIGHT OF WAY FOR WILLIAMS DRIVE THE FOLLOWING CALLS: N32°03'06"E, A DISTANCE OF 24.00 FEET; THENCE, S57°56'54"E, A DISTANCE OF 40.16 FEET TO A POINT IN THE WESTERLY LINE OF MARK PIRTLE GATEWAY LLC; THENCE WITH THE LINE OF MARK PIRTLE GATEWAY LLC, S32°03'06"W, A DISTANCE OF 24.00 FEET; THENCE CONTINUING WITH SAID LINE, N57°56'54"W, A DISTANCE OF 40.16 FEET TO THE POINT OF BEGINNING, HAVING AN AREA OF 964 SQUARE FEET. BEING A PORTION OF THE RIGHT OF WAY FOR WILLIAMS DRIVE, A 52 FOOT WIDE RIGHT OF WAY DEDICATED TO THE CITY OF MURFREESBORO, TENNESSEE. Prepared by: SEC, Inc. 850 Middle Tennessee Blvd. Murfreesboro, TN 37129  . . . creating a better quality of life. January 14, 2015 Members of City Council RE: Recommended Appointments – Murfreesboro Art Committee Appointments As an item for tonight’s City Council agenda, I am recommending the following appointments to the Murfreesboro Art Committee as reflected in the letter submitted by Assistant City Manager Jennifer Moody. New Members to the Murfreesboro Art Committee: 1. Lee Rennick, active member of a variety of cultural arts organizations 2. Patience Long, Director of Center for the Arts, Inc. 3. Greg Lyles, Murfreesboro City Schools and connected to home school community 4. Frank Baugh, Artist and Art Teacher at Oakland High School 5. Danielle Wilbert, Artist and active member of a variety of cultural arts organizations 6. Barbara Hodges, Artist and active member of a variety of civic and arts organizations Liaisons to the Murfreesboro Art Committee: 1. Jennifer Moody, Assistant City Manager 2. Pam Williams, Director of Cultural Arts, Murfreesboro Parks and Recreation 3. Kathleen Herzog, Director of Main Street Murfreesboro 4. Bill Shacklett, Murfreesboro City Council Member Sincerely, Shane McFarland Mayor Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov  . . . creating a better quality of life. January 7, 2015 Honorable Mayor and Members of City Council Subject: Appointments to Murfreesboro Art Committee Background The Murfreesboro Art Committee consists of seven members appointed by the Mayor with the consent of the Council. Their mission is to promote awareness of the visual arts and visual artists in the City and to seek to involve all ages in the visual arts. Primarily, the Committee is responsible for works of art donated or exhibited at city facilities, parks, and schools; and receives donations, which are used to support student art competitions and other projects. Recommendation City Council is asked to approve the appointment of six new members and four liaisons to the Murfreesboro Art Committee. Each appointment is for a new member to fill a currently vacant seat on the committee. All will serve three-year terms, beginning in January 2016. These new members will join existing member DeeDee Potter and ex-officio member, Hope Fair. New Members to the Murfreesboro Art Committee: 1. Lee Rennick, active member of a variety of cultural arts organizations 2. Patience Long, Director of Center for the Arts, Inc. 3. Greg Lyles, Murfreesboro City Schools and connected to home school community 4. Frank Baugh, Artist and Art Teacher at Oakland High School 5. Danielle Wilbert, Artist and active member of a variety of cultural arts organizations 6. Barbara Hodges, Artist and active member of a variety of civic and arts organizations Liaisons to the Murfreesboro Art Committee: 1. Jennifer Moody, Assistant City Manager 2. Pam Williams, Director of Cultural Arts, Murfreesboro Parks and Recreation 3. Kathleen Herzog, Director of Main Street Murfreesboro 4. Bill Shacklett, Murfreesboro City Council Member Sincerely, Jennifer Moody Assistant City Manager Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov  . . . creating a better quality of life. January 14, 2016 Members of City Council RE: Recommended Appointments – Rutherford County Wayfinding Program Appointments As an item for tonight’s City Council agenda, I am recommending the City’s Traffic Engineer Ram Balachandran to represent the City on the Rutherford County Wayfinding Program Board to fill the unexpired term of the City’s Transportation Director Dana Richardson who will be retiring from the city Effective January 14, 2016 as reflected on the memo submitted by Transportation Director. Sincerely, Shane McFarland Mayor Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov