City Council

January 26, 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 26, 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 Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Darren Gore, Water & Sewer Director Tracy Wilkins, Golf Course Director Sam Huddleston, Assistant City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Bill Shacklett introduced Ms. Candy Carter with the Last Call for Grace Organization who commenced the meeting with a prayer followed by the Pledge of Allegiance. Ms. Carter spoke on the purpose of Last Call for Grace to provide food for the homeless or in cases of extreme poverty as well as assists in aid and rescue for victims of human trafficking. Their goal is to open a safe house for victims in Murfreesboro. Mayor McFarland stepped down to the podium to present a proclamation honoring Mr. Tracy Wilkins, retiring Golf Course Manager. Mr. Wilkins expressed his appreciation to the Council for their support in making Murfreesboro Golf Course what it is today. His wife, Ms. Ann Wilkins, was also present. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the City Engineer: Pavement of City Streets by Rutherford County Highway Department. 2) Letter of recommendations from the Community Development Director: Housing Rehabilitation - 323 South Hancock Street, Change Order No. 1. 3) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of City Manager’s approved Budget Amendments for Fiscal Year 2017. 4) Letter of recommendations from the Information Technology Director: Amendment to Tyler Technologies Contract for ERP Software Solution. 5) Letter of recommendations from the Water & Sewer Board: A. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. B. 2015 Sanitary Sewer Rehabilitation: Final Change Order No. 4. C. MWSD Water/Wastewater System Mechanical/Electrical Services Contract: Agreement Extension No. 2, January 28, 2017 to January 28, 2018.  January 26, 2017 Page 2 5) Letter of recommendations from the Water & Sewer Board (Continued): D. MWSD Water/Wastewater Systems Mechanical/Electrical Services Contract: Raw Water No. 6 (Task Order 17-01) & High Service No. 2 (Task Order 17-02) Motor Repairs. E. Sole Source Purchase from Cobra/Triovision Technologies. F. Purchase of Impellors & Wear Plates. G. Purchase of New Vehicle for AMI Department. H. AMI Project Change Order No. 4. I. Lytle Street Reconstruction-Phase 2: Proposed Work Change Directive, Additional 8” Water & Sewer Mains. J. Sole Source Basin Cover Purchase & Installation. K. Biosolids Master Plan-SSR Task Order 14-41-018.2, Amendment No. 1, in Conjunction with Schwing Bioset Biosolids Pilot Study & Marketability Analysis. L. Asphalt Purchases Report. 6) Letter of recommendations from the Risk Manager/Staff Attorney: Special Perils (Fire) Property Insurance; Boiler & Machinery Coverage; and Inland Marine Vehicle Coverage. (Insert letters from the City Engineer, Community Development Director, City Recorder/ Finance Director, Information Technology Director, Water & Sewer Board and Risk Manager/Staff Attorney here.) A revised letter for Item 6 from the Risk Manager/Staff Attorney was presented. Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Ms. Scales Harris seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to approve the minutes as written and presented for the special meeting held on January 5, 2017 (Public Comment) and the regular meeting held on January 5, 2017. Mr. Wade seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 16-O-26 amending the Murfreesboro City Code, Chapter 11-Electricity, Sections 11-1, 11-2, and 11-3, dealing with the Murfreesboro Electric Department,” which passed first reading on January 19, 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-26 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 16-R-PH-60 adopted by the City Council on November 17, 2016, to consider rezoning approximately 7.6 acres along Wilkinson Pike and  January 26, 2017 Page 3 Greshampark Drive from General Office (OG) District (2 acres) and Single-Family Residential Fifteen (RS-15) District (5.6 acres) to Mixed Use (MU) District and remove the Wilkinson Pike buffer on these properties; Tommy Smith, applicant [2016-448]. Notice of said public hearing was published in the January 9, 2017 issue of a local newspaper as follows: (Insert notice here.) The Principal Planner presented the applicant’s request and the Planning Commission’s unanimous recommendation for rezoning approximately 7.6 acres to Mixed Use (MU) District and remove same from the Wilkinson Pike buffer. This buffer is an additional setback that was placed on property when the Gateway Design Overlay District was established in January 2004. The purpose of the buffer, as stated in the Planning Commission Minutes of September 10, 2003, was to provide additional buffer yard requirements that would serve as a transition point between residents across the street and the national park. This area would be free of roadway, utilities, and buildings. Surrounding properties are zoned Single-Family Residential Fifteen (RS-15) District to the north, Mixed Use (MU) District to the east and south; and Highway Commercial (CH) District to the south and west of the Office General (OG) District. Mr. Matt Taylor, SEC, Inc., representing Mr. Tommy Smith, who was present, gave a presentation on the details of the development which finishes out the Gateway’s mixed use vision that was developed over a decade ago. Several neighborhood meetings were held out of which several commitments were made to replace the Wilkinson Pike buffer, one of which was to construct a berm along the south side of Wilkinson Pike that would be a minimum height of 5’ along the entire length of that request except for the front of Greshampark Drive. The berm would be planted with an equivalent of a Type E Buffer which is the City’s most intensive landscape buffer offered and described in the Zoning Ordinance. A split rail fence would also be constructed similar in nature and looks to the Battlefield on the other end of Wilkinson Pike near Thompson Lane. The berm, landscaping and fencing would be outside of any right-of-way that Wilkinson Pike would require to be dedicated for the improvement of and future widening of that roadway. The berm and the landscape will be fully irrigated. In addition, they will construct all of these improvements and plant the material in the next growing season if zoning is approved. This will be done before any buildings or development start to occur right beside this project so that the materials have time to mature and fill in that landscape buffer. Perpetual maintenance and irrigation of this area will also be provided. They have agreed to restrict the buildings inside of that Wilkinson Pike buffer that is 100’ off of the south side to no more than 3 stories. These commitments will be enforced by enacting restrictive  January 26, 2017 Page 4 covenants on this property. There are no development plans at this time. A set of these covenants were provided to Council. They would be recorded prior to second and final reading. Mr. Taylor and the Principal Planner addressed questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of an area along Wilkinson Pike and Greshampark Drive from General Office (OG) District and Single-Family Residential Fifteen (RS-15) District to Mixed Use (MU) District and remove the Wilkinson Pike buffer on these properties do so at this time. The following speakers were opposed to the Mixed Use (MU) zoning request because it is not compatible with residential zoning, traffic issues on Wilkinson Pike, impact on integrity of the Stones River National Battlefield and requested to retain and maintain the 100’ buffer zone because restrictive covenants cannot be enforced by the City: Ms. Madaline Roddy (Trasport), 2721 Highland Park Drive Ms. Pat Bowland, 2512 West Park Drive Mr. Mike Lyles, 2421 Old Nashville Highway. Mr. Dulan Willis, Highland Park Drive. Ms. Brenda Waters, Superintendent of the Stones River National Battlefield. Ms. Tricia Marshall, 2487 Crosspark Drive. Mr. Benjamin Harbor, 2686 Wilkinson Pike. Ms. Catherine McKinley, 2468 Crosspark Drive. (and resident at 2471 Crosspark). Mr. Robert Stroop, Highland Park Drive. Mr. Jim Trasport, 2721 Highland Park Drive. Mr. Benjamin Arnold, 2458 Crosspark Drive. Ms. Wendy Glass, 2681 Crosspark Drive (and residents at 2675, 2655, 2626 Crosspark). Mr. Greg McKinley, 2468 Crosspark Drive. Mr. Tommy Smith, 710 East Main Street, developer of property addressed the irrigation and maintenance of the proposed buffer. There were no others present who wished to speak for or against the proposed rezoning along Wilkinson Pike and Greshampark Drive and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 16-OZ-60 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 7.6 acres along Wilkinson Pike and Greshampark Drive from General Office (OG) District (2 acres) and Single-Family Residential Fifteen (RS-15) District (5.6 acres) to Mixed Use (MU) District and to remove the Wilkinson Pike buffer on these properties; Tommy Smith, applicant [2016-448],” was read to the Council and offered for passage on first reading. The Principal Planner responded to questions and comments from Council that addressed compromising the amount of the buffer to something less than 100’; remove buffer on west side and deny request to rezone to MU; keep buffer on east side and approve  January 26, 2017 Page 5 MU zoning; and height requirements and uses in Gateway Design Overlay (GDO) District. Mr. Taylor addressed the existing buffer which restricts the applicant’s use of land even for a parking lot. Behind the proposed berm, there are additional utility easements, sewer force main, repurified lines, 8” sanitary sewer, all of which will act as a further building restriction; however, it would allow the applicant to regain usability of the land for at least a parking lot. The berm would be approximately 30’-35’ wide and 20’-30’ of utility easements behind it for a total of 50’-60’ of no buildings other than a parking lot. If it is an enforceable action by the City, Mr. Taylor said they would commit to the 30’ which is the Wilkinson Pike buffer in front of their property. The City Attorney suggested that he would need to review the zoning code. Ms. Scales Harris made a motion to defer first reading of said ordinance. Mr. LaLance seconded the motion and all members of the Council voted “Aye” except Mr. Smotherman and Mr. Wade voted “Nay”. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 16-R-PH-66 adopted by the City Council on December 15, 2016, to consider rezoning approximately 0.36 acres located along Greenland Drive from Local Commercial (CL) District to Planned Commercial Development (PCD) District (Greenland Liquor & Wine); Arvindkumar Patel, applicant [2016-438]. Notice of said public hearing was published in the January 9, 2017 issue of a local newspaper as follows: (Insert notice here.) The Principal Planner presented the applicant’s request and Planning Commission’s unanimous approval for rezoning to Planned Commercial Development (PCD) District to construct a liquor store. A list of permitted uses was provided as well as those that would be prohibited. The applicant was asked to place the building closer to the corner and define that corner by adding significant pedestrian elements to the site and place parking behind the building similar to “The Boulevard” on East Main Street. This development will have an additional space other than the liquor store which can be leased, and there will be an entrance in the front and the back. Mr. Clyde Rountree, Huddleston Steele Engineering, gave a presentation on the proposed development and answered questions from the Council regarding signage. The applicant was present. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning along Greenland Drive from Local Commercial (CL) District to Planned Commercial Development (PCD) District do so at this time. 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.  January 26, 2017 Page 6 An ordinance, entitled “16-OZ-66 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 0.36 acres along Greenland Drive from Local Commercial (CL) District to Planned Commercial Development (PCD) District (Greenland Liquor & Wine); Arvindkumar Patel, applicant [2016-438],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. Smotherman. 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 Assistant Planning Director introduced the new Principal Planner, Ms. Marina Rush, who has worked both in city and county government in California, involved in downtown area planning, general planning and zoning, and environmental experience as well. Ms. Rush expressed her appreciation for the opportunity to work with a quality staff. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 16-R-PH-67 adopted by the City Council on December 15, 2016, to consider (1) adoption of a Plan of Services for and annexation of approximately 9.1 acres and (2) zoning of approximately 6.3 acres along Rucker Lane to Single-Family Residential Ten (RS-10) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Gere and Chris Payvis and Laws Bouldin, applicants [2016-519 & 2016-456]. Notice of said public hearing was published in the January 9, 2017 issue of a local newspaper as follows: (Insert notice here.) The Assistant Planning Director presented the applicant’s request and Planning Commission’s approval for a Plan of Services, annexation and zoning of subject property. The total study area of 9.1 acres includes 2.8 acres (1550 linear feet) of Rucker Lane right- of-way. It will be easy to affect annexation as most City services are available to the property presently and rolling services are in the immediate area. Annexing the Rucker Lane right-of-way directly in front of the requested parcel will make the study area contiguous with the existing City Limits across the street, and it is within the Urban Growth Boundary. Mr. Laws Bouldin was present to represent the applicants. There were no questions from the Council at this time.  January 26, 2017 Page 7 Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation of approximately 9.1 acres located along Rucker Lane do so at this time. There was no one 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 following RESOLUTION 16-R-PS-67 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 16-R-PS-67 here to adopt a Plan of Services for approximately 9.1 acres along Rucker Lane [2016-519]; Gere and Chris Payvis, applicants.) The following RESOLUTION 16-R-A-67 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 16-R-A-67 here to annex approximately 9.1 acres along Rucker Lane, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2016-519]; Gere and Chris Payvis, applicants.) The Assistant Planning Director presented the applicant’s request for zoning of subject property just considered for annexation to Residential Single-Family Ten (RS-10) District. The applicants original zoning request was for Single-Family Residential Eight (RS- 8) District; however, after considerable discussion during and after the public hearing regarding RS-8 density, Planning Commission approved Single-Family Residential Ten (RS- 10) District with one “no” vote. RS-10 zoning would provide for approximately 20 single- family residential lots. Subject property is within the General Development Plan for the Blackman Community which recommends Planned Residential Development (PRD) District with a medium density of 4-8 dwelling units per acre. The RS-10 zoning is somewhat less dense with 3-3½ units per acre than the PRD. Mr. Bouldin and Mr. and Mrs. Payvis were present.  January 26, 2017 Page 8 Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 6.3 acres along Rucker Lane as Single-Family Residential Ten (RS-10) District, simultaneous with annexation, do so at this time. Mr. Hoyte Owen, 3523 Meadowood Drive, lives directly to the west of the subject property and requested to reconsider zoning subject property to Single-Family Residential Fifteen (RS-15) District. The compromise that was worked out when Kingdom Ridge was built was that any property that adjoined County property would be brought in as RS-15 and zoning stepped down as development progressed. He requested that Council consider larger lots similar to those to the north. The Blackman Plan recommends Planned Residential Development (PRD) District for this area which would give more assurance as to what will be developed and provide more of a comfort zone with a larger lot and PRD overlay. Mr. Laws Bouldin, 358 DeJarnette Lane, addressed the amount of natural buffer that exists presently and Single-Family Residential Ten (RS-10) District is across the street and all along Rucker Lane. He responded to questions from Council regarding developable lots which would be six at the most. There were no others 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-67 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 6.3 acres along Rucker Lane as Single-Family Residential Ten (RS-10) District, simultaneous with annexation; Laws Bouldin, applicant [2016-456],” 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter of recommendations from the Water & Sewer Board was presented to the Council: (Insert letter dated January 19, 2017 here with regards to Summer Sewer Credit (SSC) extended for an additional month through November Billing Cycle 2016.)  January 26, 2017 Page 9 The following RESOLUTION 17-R-02 was read to the Council and offered for adoption upon motion made by Ms. Scales Harris, seconded by Mr. LaLance. 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-02 here regarding a temporary credit to extend the period designated in Murfreesboro City Code Section 33-51(B)(1)(c), reduction in charges for water excluded from sewerage system.) The City Recorder/Finance Director presented a Beer Permit Application for Jonathan’s Grille, 2911 Medical Center Parkway (new location). Approval was requested pending completion of all building and codes inspections. Mr. LaLance made a motion to accept the recommendation of the City Recorder/Finance Director to approve a Beer Permit for Jonathin’s Grille upon successful completion of all building and codes requirements. Ms. Scales Harris seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to appoint Ms. Jennifer Garland as Planning Commission representative to fulfill the term of Mr. Kirt Wade on the Historic Zoning Commission (term ending 06/30/2019). Mr. Wade 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. There being no further business, Mayor McFarland adjourned this meeting at 9:22 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER