City Council

January 12, 2017 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its regular meeting place in the Council Chambers at City Hall at 7:00 p.m. on Thursday, January 12, 2017, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade The following representatives of the City were also present: Robert J. Lyons, City Manager James Crumley, Assistant City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Gary Whitaker, Planning Director Karl Durr, Chief of Police Sam Huddleston, Assistant City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Madelyn Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Principal Planner: Mandatory Referral for Ford of Murfreesboro [2016-720] to consider abandonment of sanitary sewer & public utility easements located at 1550 NW Broad Street; Ford of Murfreesboro, applicant. 2) Letter of recommendations from the Fire & Rescue Chief: Low bid of John Bouchard & Sons Company for purchase and installation of eight (8) emergency generators with additive alternate. 3) Letter of recommendations from the Community Development Director: Revisions to Rehab Program Policies and Procedures Manual. 4) Letter of recommendations from the Parks & Recreation Director: A. Murfreesboro Miracle League Fee. B. Sports Camp Fee Change. C. Beginning Backpacking Program. D. Naturalist-Guided Hikes Program (with transportation). E. Rental Fees for Lions Club Building. F. Agreement for A & E Services for proposed Maintenance Facilities. 5) Letter of recommendations from the City Manager: Professional Services Agreement with Farrar & Bates, L.L.P. (Insert letters from the Principal Planner, Fire & Rescue Chief, Community Development Director, Parks & Recreation Director and City Manager here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Shacklett seconded the motion and all members of the Council voted “Aye” except Mr. Smotherman who was not present at this time.  January 12, 2017 Page 2 Mr. Wade made a motion to approve the minutes as written and presented for the regular meeting held on December 1, 2016. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 16-O-68 granting a franchise to Atmos Energy Corporation, a Texas and Virginia corporation, for the distribution of natural gas and for the installation and maintenance of mains, pipes, pipelines, distribution lines, and other equipment necessary or incidental to distribution of said gas upon, across, along and under the highways, streets, avenues, roads, alleys, lanes and other public grounds of the City of Murfreesboro, Rutherford County, Tennessee in order to furnish gas service within the City to its inhabitants,” which passed first reading on January 5, 2017, 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 16-O-68 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 16-R-PH-61 adopted by the City Council on November 17, 2016, to consider (1) adoption of a Plan of Services for and annexation of approximately 36.9 acres and (2) zoning of approximately 36.9 acres along Asbury Road and Asbury Lane, which have been proposed to be annexed to the City of Murfreesboro, Tennessee, as Planned Residential Development (PRD) District; Anthony King, Desinda Malone, Levi Grantham and Land Management Group, applicants [2016-518 & 2016-455]. Notice of said public hearing was published in the December 26, 2016 issue of a local newspaper as follows: (Insert notice here.) The Principal Planner presented the applicant’s request and Planning Commission’s unanimous recommendation to annex approximately 36.9 acres along Asbury Lane and Asbury Road which includes right-of-way that is contiguous with the frontage of property. Subject property is contiguous with the City Limits and within the Urban Growth Boundary.  January 12, 2017 Page 3 Mr. Matt Taylor, SEC, Inc., was present to represent the applicants. There were no questions from the Council at this time. 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 for approximately 36.9 acres along Asbury Road and Asbury Lane do so at this time. Ms. Audra Hayes, 4340 Hord Road, requested to defer action on this request until traffic issues are resolved. The roads are currently unsafe and do not meet the needs of the current residents much less a development of 600 more people. There were no others present who wished to speak for or against the proposed annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. The Assistant City Engineer addressed comments made by Ms. Hayes and the current condition of Asbury Road at Medical Center Parkway especially at peak hours. The following RESOLUTION 16-R-PS-61 was read to the Council and offered for adoption upon motion made by Ms. Scales Harris, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 16-R-PS-61 here to adopt a Plan of Services for approximately 36.9 acres along Asbury Road and Asbury Lane [2016-518]; Anthony King, Desinda Malone and Levi Grantham, applicants.) The following RESOLUTION 16-R-A-61 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Ms. Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 16-R-A-61 here to annex approximately 36.9 acres along Asbury Road and Asbury Lane, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2016-518]; Anthony King, Desinda Malone and Levi Grantham, applicants.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning approximately 36.9 acres along Asbury Road and Asbury Lane as  January 12, 2017 Page 4 Planned Residential Development (PRD) District (Kingsbury Development), simultaneous with annexation; Land Management Group, applicant [2016-455]. The Principal Planner presented the applicant’s request and Planning Commission’s vote of 5-1 to approve zoning of subject property just considered for annexation. The applicant has contracted to purchase the property and develop it as Kingsbury PRD with 156 single-family detached lots on 35.9 acres for a density of 4.3 dwelling units per acre. Lot sizes will vary in width of 41’, 46’ and 51’ and developed with a minimum square footage of 1600’, 1800’ and 2000’ respectively. The entrance onto Asbury Lane and the amenities being committed to for this PRD are part of Phase I, and the entrance onto Asbury Road is part of Phase 5. The applicants have requested an exception to the parking standard for 18 single-family, detached homes to reduce the number of off-street parking spaces from 4 to 2 parking spaces in the driveway. They are providing an off-street parking area to help mitigate the effect of those areas. Mr. Matt Taylor, SEC, Inc., gave a presentation on the Kingsbury Development. It was noted that the Purlingbrook development to the southwest would provide sanitary sewer and storm drainage for subject property to have access to the river in exchange for potable water from subject property on its eastern boundary. Mr. Greg Gambell, Land Planner, and Mr. Ron Banker, developer and project builder from Crescent Homes, were also present. There were no questions from the Council at this time. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 36.9 acres along Asbury Road and Asbury Lane as Planned Residential Development (PRD) District (Kingsbury Development), simultaneous with annexation, do so at this time. There was no one present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. The Assistant City Engineer addressed issues at the intersection of Medical Center Parkway and Asbury Lane and the need for a comprehensive plan for the area connecting Medical Center Parkway with SR840 and Old Nashville Highway. He responded to questions and comments from the Council. An ordinance, entitled “ORDINANCE 16-OZ-61 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 36.9 acres along Asbury Road and Asbury Lane as Planned Residential Development (PRD) District (Kingsbury Development), simultaneous with annexation; Land Management Group, applicant [2016-455],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by  January 12, 2017 Page 5 Ms. Scales Harris. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 16-R-PH-63 adopted by the City Council on November 17, 2016, to consider (1) adoption of a Plan of Services for and annexation of 34.3 acres and (2) zoning of approximately 34.3 acres along Osborne Lane, which have been proposed to be annexed to the City of Murfreesboro, Tennessee, as Single-Family Residential Twelve (RS-12) District and Single-Family Residential Ten (RS-10) District; John Beckham Throneberry II Irrevocable Trust, Allison Throneberry Camp and Conrad Camp, applicants [2016-517 & 2016-454]. Notice of said public hearing was published in the December 26, 2016 issue of a local newspaper as follows: (Insert notice here.) The Assistant Planning Director presented the applicant’s request and Planning Commission’s unanimous vote to approve the Plan of Services and annexation of approximately 33.5 acres located along Osborne Lane as well as rights-of-way along Osborne Lane (0.5 acres) and Mary Beth Court (0.3 acre) for a total study area of 34.3 acres. Plan of Services indicates that the City can provide services upon the effective date of annexation. A 10’ strip is being left in the unincorporated County at the northwest corner of subject property to prevent the property to the south from being entirely surrounded by the City Limits. There were no questions from the Council at this time. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services for and annexation of approximately 34.3 acres located along Osborne Lane do so at this time. Mr. Jeff Hutchinson, 713 Sander Drive, did not oppose the development but his mother’s home is on the north end of this property, and they had concerns with the pond and area being in the flood zone and the affect it would have if this development had to be raised above the flood zone. He also noted that the neighbor’s property to the west had standing water at times.  January 12, 2017 Page 6 There were no others present who wished to speak for or against the proposed Plan of Services and annexation of an area located along Osborne Lane and, after ample time had been given, Mayor McFarland declared the public hearing closed. The Assistant City Engineer addressed the drainage relative to Bear Branch Creek that goes through subject property and felt it could be developed without increasing the degree of flooding on adjacent property as well as protect the stream as the “water of the state”. The following RESOLUTION 16-R-PS-63 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTON 16-R-PS-63 here to adopt a Plan of Services for approximately 34.3 acres along Osborne Lane [2016-517]; John Beckham Throneberry II Irrevocable Trust and Allison Throneberry Camp, applicants.) The following RESOLUTION 16-R-A-63 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTON 16-R-A-63 here to annex approximately 34.3 acres along Osborne Lane, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2016-517]; John Beckham Throneberry II Irrevocable Trust and Allison Throneberry Camp, applicants.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing on zoning approximately 34.3 acres along Osborne Lane as Single-Family Residential Twelve (RS-12) District (16.4 acres) and Single-Family Residential Ten (RS-10) District (17.9 acres), simultaneous with annexation; Conrad Camp, applicant (2016-454]. The Assistant Planning Director presented the applicant’s request and Planning Commission’s unanimous approval to zone subject property simultaneous with the annexation just approved. The requested zoning classifications are consistent with those in the surrounding area. A significant amount of this parcel is encumbered by the regulatory  January 12, 2017 Page 7 floodway of Bear Branch so it is difficult to predict a possible lot yield under the proposed zoning designations. Mr. Matt Taylor, SEC, Inc., was present to represent the applicants. There were no questions from the Council at this time. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 34.3 acres along Osborne Lane as Single-Family Residential Twelve (RS-12) District (16.4 acres) and Single- Family Residential Ten (RS-10) District (17.9 acres), simultaneous with annexation, do so at this time. There was no one present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 16-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 34.3 acres along Osborne Lane as Single-Family Residential Twelve (RS-12) District (16.4 acres) and Single Family Residential Ten (RS-10) District (17.9 acres), simultaneous with annexation; Conrad Camp, applicant [2016-454],” 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 Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated January 5, 2017 here with regards to scheduling public hearings to consider zoning (RS-10) along Savanah Ridge and Hyannis Drive; Annexation Plan of Services and annexation petition for East Overall Creek Road right-of-way; Annexation Plan of Services and annexation petition for area along Lascassas Pike; and zoning along Lascassas Pike (PRD) simultaneous with annexation.) The following RESOLUTION 17-R-PH-01 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None  January 12, 2017 Page 8 (Insert RESOLUTION 17-R-PH-01 here to schedule a public hearing for March 2, 2017 to consider rezoning approximately 0.47 acres along Savannah Ridge and Hyannis Drive from General Office (OG) District to Single-Family Residential Ten (RS-10) District [2016-458]; Marwan Alkhiyami, applicant.) The following RESOLUTION 17-R-PH-02 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-02 here to schedule a public hearing for March 2, 2017 to consider adoption of a Plan of Services for and annexation of approximately 0.7 acres of East Overall Creek Road right-of-way which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2016-521]; City of Murfreesboro Engineering Department, applicant.) The following RESOLUTION 17-R-PH-03 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-03 here to schedule a public hearing for March 2, 2017 to consider (1) adoption of a Plan of Services for and annexation of 55.6 acres and (2) zoning of approximately 46.5 acres located along Lascassas Pike to Planned Residential Development (PRD) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2016-520 & 2016-457]; Anna Elrod, Rutherford County Government and Goodall Homes, LLC, applicants.) The following letter of recommendations from the Chief of Police was presented to the Council: (Insert letter dated January 6, 2017 here with regards to purchase of police vehicles and equipment.) The Chief of Police justified the need for police vehicles and answered questions from the Council. Mr. Smotherman made a motion to accept the recommendation of the Chief of Police to purchase twenty-five (25) new patrol vehicles to include emergency equipment and current technology equipment for the Police Department in the amount of $1,375,000.00 to be funded from departmental savings and supplemented from fund balance. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  January 12, 2017 Page 9 The City Manager gave a power point presentation that highlighted some of the 2016 accomplishments of the City of Murfreesboro. The City Attorney gave an overview of RESOLUTION 17-R-04 with regards to passing a Private Act by the Tennessee General Assembly to address filling of vacancies on Council and election dates and answered questions from the Council. The following RESOLUTION 17-R-04 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-04 here requesting the Tennessee General Assembly to pass a Private Act amending the Murfreesboro City Charter to address the filling of vacancies on City Council and Election dates.) The City Recorder/Finance Director presented a Beer Permit Application for Attack!, LLC at 115 South Church Street (new location) and Space Café, LLC located at 107 South Church Street (new location). Both of these applications were previously approved by Council on May 12, 2016; however, the background check expired before completing the building and codes inspections. These applications are presently pending completion of all building and codes inspections prior to approval. A Beer Permit Application was presented for Smoke & Mirrors Vapor House at 2136 Middle Tennessee Boulevard (new location). This application is also pending completion of all building and codes inspections prior to approval. Mr. LaLance made a motion to approve Beer Permits for Attack!, LLC, Space Café and Smoke & Mirrors Vapor House upon successful completion of all building and codes inspections. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Ms. Scales Harris made a motion to appoint Mr. Kirt Wade to fill the Council seat of Mr. Doug Young on the Planning Commission. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director indicated there were no statements to be considered at this time. Under other business, Mr. Smotherman made a motion to extend the moratorium on multi-family housing for another six (6) months or until an ordinance is passed. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  January 12, 2017 Page 10 Ms. Scales Harris addressed Legislative approval to consider a Charter change for Mayor and Council’s compensation. Legal Staff was asked to look at other areas of the Charter that might need updating as well. Council revisited the discussion for filling the vacancy on Council by election or appointment. It was the general consensus to see what the Legislative outcome would be and decide how to move forward based on that decision. Mayor McFarland announced that the Martin Luther King, Jr. breakfast would be held on Saturday, January 14, 2017, at 9:00 p.m. at MTSU. He also announced that the Mayor of Nashville would be participating in “A Soldier’s Child” event here in Murfreesboro on Saturday, January 14, 2017, at 9:00 a.m. at Wal-Mart where presents will be bought for 179 kids. There being no further business, Mayor McFarland adjourned this meeting at 9:11 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER