City Council

March 2, 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, March 2, 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 Chad Gehrke, Airport Manager Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Sam Huddleston, Assistant City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Vice-Mayor Madelyn Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland stepped down to the podium to present a Proclamation to the Airport Manager declaring March 1-31, 2017 as “General Aviation Month”. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Facilities Maintenance Superintendent: Proposal from Griggs & Maloney for City Hall Floor Plan Upgrades. 2) Letter of recommendations from the Transportation Director: Approve 2017 Title VI Update. 3) Letter of recommendations from the Solid Waste Director: Bids for the purchase of garbage carts. 4) Letter of recommendations from the Parks & Recreation Director: Bids for repairs/maintenance of Sports*Com outdoor pool water slides and play features. 5) Letter of recommendations from the Community Development Director: A. Acquisition of Real Property Program: 406 South University Street. B. Housing Rehabilitation: 1311 Eagle Street. C. Housing Rehabilitation: 1507 River Rock Boulevard, Change Order No. 1. 6) Requests to hang a banner across East Main Street: A. Murfreesboro Parks & Recreation: “City of Murfreesboro New Year’s Day 5K”, December 22, 2017-January 2, 2018. B. Central Magnet School: “Welcome to Central Magnet”, August 7-17, 2017. (Insert letters from the Facilities Maintenance Superintendent, Transportation Director, Solid Waste Director, Parks & Recreation Director and Community Development Director here.) Mr. Smotherman made a motion to approve the Consent Agenda in its entirety. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  March 2, 2017 Page 2 Mr. Wade made a motion to approve the minutes as written and presented for the regular meeting held on January 26, 2016; special meetings held on February 2, 2017 (2035 Comprehensive Plan) and February 2, 2017 (Public Comment); regular meeting held on February 2, 2017; special meeting held on February 9, 2017 (2035 Comprehensive Plan); regular meeting held on February 9, 2017; special meeting held on February 16, 2017 (2035 Comprehensive Plan); regular meeting held on February 16, 2017; and special meeting held on February 23, 2017 (West Park). Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 16-OZ-41 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 78.4 acres in the Planned Residential Development (PRD) District (Purlingbrook PRD) located along Asbury Lane as indicated on the attached map; Beazer Homes, applicant [2016-432],” which passed first reading on October 13, 2017, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. Shacklett. 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-OZ-41 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing and consider a Certificate of Compliance for Arvindkumar Patel at Greenland Liquor and Beer, 1415 Greenland Drive. The City Recorder/Finance Director indicated this application is for a new location and everything was in order. She noted that there are four locations available and, if this application is approved, there will only be three left. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Certificate of Compliance do so at this time. There was no one present who wished to speak and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. LaLance made a motion to approve a Certificate of Compliance for Arvindkumar Patel at Greenland Liquor and Beer, 1415 Greenland Drive. Mr. Wade seconded the motion and all members of the Council voted “Aye”.  March 2, 2017 Page 3 The City Recorder/Finance Director presented for approval a renewal of Certificate of Compliance for Timothy Miles and Brandi Miles at Chill Wine & Spirits, 2445 Memorial Boulevard, Suite D. This renewal is for an existing location, and the applicants are trying to meet the two-year State requirement to renew their license. Mr. LaLance made a motion to approve a renewal of Certificate of Compliance for Timothy Miles and Brandi Miles at Chill Wine & Spirits, 2445 Memorial Boulevard, Suite D. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-01 adopted by the City Council on January 12, 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; Marwan Alkhiyami, applicant [2016-458]. Notice of said public hearing was published in the February 13, 2017 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the applicant’s request and Planning Commission’s unanimous approval to rezone subject property. In 2014, a site plan was approved for the development of a small office on this lot; however, the owner has decided not to move forward with that plan but to subdivide the property into two lots and rezone it to Single-Family Residential Ten (RS-10) District. If the minimum standards are not met, the applicant would only be allowed to develop one lot with RS-10 zoning. There is not a proposal to include these two lots within the Savannah Ridge Home Owners Association at this time. The property owner was 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 rezoning of approximately 0.47 acres along Savannah Ridge and Hyannis Drive to Single-Family Residential Ten (RS-10) 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. An ordinance, entitled “ORDINANCE 17-OZ-01 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 0.47 acres along Savannah Ridge and Hyannis Drive from General Office (OG) District to Single-Family Residential Ten (RS-10) District; Marwan Alkhiyami, applicant [2016-458],” was read to the Council and offered for passage  March 2, 2017 Page 4 on first reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution 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 17-R-PH-02 adopted by the City Council on January 12, 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; City of Murfreesboro Engineering Department, applicant [2016-521]. Notice of said public hearing was published in the February 13, 2017 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the applicant’s request and Planning Commission’s approval of a Plan of Services and annexation petition for approximately 0.7 acres of East Overall Creek Road right-of-way. This right-of-way is adjacent to properties owned by Mr. David Alcorn that were annexed in 2016. A development plan shows large single-family lots, some of which would have access to East Overall Creek Road, and it is staff’s belief that this right-of-way should be in the City Limits so that the City can require improvements to what is now a substandard road both in size and the way it is constructed. Mr. Alcorn would be required to dedicate right-of-way and build the road to City standards with a proper turnaround at the end of the road. The City will be able to provide services to subject property, some of which are not necessary such as Solid Waste; however, the delivery of services or medical responders is a concern and, therefore, it will be required that the right-of-way be redesigned so that the City vehicles can easily maneuver the property. 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 of 0.7 acres of East Overall Creek Road right-of-way do so at this time. There was no one present who wished to speak for or against the proposed Plan of Services and annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Smotherman addressed the right-of-way being improved with sidewalks. The Assistant City Engineer indicated that development along existing roadways is evaluated  March 2, 2017 Page 5 based on the ability to construct those improvements as part of an overall street network. These are ditch section streets which would have to be upgraded in order to be an enclosed drainage system, and there is not a sidewalk network on East Overall Creek Road or Old Salem Road at this point. Sidewalks, curb and gutter would be part of the subdivision development and connecting streets to East Overall Creek Road right-of-way. There were no other questions or comments at this time. The following RESOLUTION 17-R-PS-02 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, 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-PS-02 here to adopt a Plan of Services for approximately 0.7 acres of East Overall Creek Road right-of-way [2016-521]; City of Murfreesboro Engineering Department, applicant.) The following RESOLUTION 17-R-A-02 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 RESOLUTION 17-R-A-02 here to annex approximately 0.7 acres of East Overall Creek Road right-of-way, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2016-521]; City of Murfreesboro Engineering Department, applicant.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-03 adopted by the City Council on January 12, 2017, to consider (1) adoption of a Plan of Services for and annexation of approximately 55.6 acres and (2) zoning of approximately 46.5 acres located along Lascassas Pike to Planned Residential Development (PRD) District (Laurelstone PRD) which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Anna Elrod, Rutherford County Government and Goodall Homes, LLC, applicants [2016-520 & 2016-457]. Notice of said public hearing was published in the February 13, 2017 issue of a local newspaper as follows:  March 2, 2017 Page 6 (Insert notice here.) The Assistant Planning Director presented the applicant’s request and Planning Commission’s unanimous approval for this annexation. The annexation request includes a parcel owned by the Elrod family that is approximately 46.1 acres as well as a 0.4 acre strip of parcel that Goodall Homes will be purchasing from Rutherford County Government to develop as a new public street from subject property to Cushing Avenue. Subject property is within the City’s Urban Growth Boundary, and it is contiguous on its western side with the existing City Limits. Staff has also included approximately 2,700 linear feet (7.2 acres) of Lascassas Pike right-of-way and approximately 650 linear feet (1.9 acres) of DeJarnette Lane right-of-way in the study area so that the entire signalized intersection and all of the lineage will be in the City’s jurisdiction. A 10’ strip has been left along DeJarnette Lane between the existing City Limits and the proposed right-of-way. The Plan of Services indicates the City can provide services to subject property upon annexation. The Assistant Planning Director addressed questions from Council regarding annexation of Lascassas Pike south to the City Limits indicating that it was not something staff looked at because the prime focus was to stay relatively close to subject property with the ultimate goal of including the intersection of Lascassas Pike and DeJarnette Lane because the City maintains the signalization. It could not be included in this particular study without re-advertising it. There were no other questions or comments 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 petition for approximately 55.6 acres along Lascassas Pike do so at this time. Mr. Bobby Houston, 2859 Oakview Drive, updated the Council on subject property being contaminated from plastic materials dumped by Cummings Sign Company that caught on fire many years ago. He has contacted officials at the Federal and State level who have indicated that burnt plastic can cause cancer. The area is also a flood zone. There were no others present who wished to speak for or against the proposed Plan of Services and annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 17-R-PS-03 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  March 2, 2017 Page 7 Shane McFarland Nay: None (Insert RESOLUTION 17-R-PS-03 here to adopt a Plan of Services for approximately 55.6 acres along Lascassas Pike [2016-520]; Anna Elrod and Rutherford County Government, applicants.) The following RESOLUTION 17-R-A-03 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 RESOLUTION 17-R-A-03 here to adopt a Plan of Services for approximately 55.6 acres along Lascassas Pike and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2016-520]; Anna Elrod And Rutherford County Government, applicants.) The Assistant Planning Director presented the applicant’s request and Planning Commission’s approval to zone approximately 46.5 acres to Planned Residential Development (PRD) District, simultaneous with annexation. The proposed Laurelstone PRD will consist of 199 single-family attached homes which will be an age-targeted product but not age-restricted, and the units will be sold as fee simple. At the request of Planning Commission, language has been included in the Program Book that it is imperative no construction will start on Phase II (west side of creek) until the bridge is constructed. There were also discrepancies in the presentation and Pattern Book which are now consistent regarding structures to be all brick, stone or hardy-board with the exception of 15% vinyl on the front and rear elevations. The applicant has added additional guest parking throughout the development as well as a walking trail along the frontage of property along Lascassas Pike and East Pitts Lane. A neighborhood meeting was well attended by residents. Mr. Rob Molchan, SEC, Inc., gave a presentation on the proposed development. There were no questions or comments 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 46.5 acres located along Lascassas Pike to Planned Residential Development (PRD) District, simultaneous with annexation, do so at this time. Mr. Bobby Houston, 2859 Oakview Drive, has witnessed flooding in the proposed area and had concerns with water backing up on his property when developer raises the  March 2, 2017 Page 8 elevation for proposed development. He also addressed the State’s analysis and a TDEC report stating that there is soil contamination which has been sent to SEC, Inc. Ms. Pat Turner, 2869 Oakview Drive, felt the fire incident is being disregarded, and staff does not see that there are any major environmental issues with the property. Her children ate blueberries off the brambles on that land and now have health issues. FEMA has recognized this area as a flood danger zone for which 1/3 to 1/2 of the proposed homes will be in this area. She asked Council to consider health consequences versus tax revenue. Mr. Mark Wilson, 2839 Oakview Drive, addressed drainage and flooding and the need for an outlet; HOA in place to address promises made by developer; and additional separation from development for existing homes on Oakview Drive. Mr. Jack Orrend, 2858 Oakview Drive, witnessed the fire and plastics burning for two weeks. The Oakview Drive community has a natural drainage system that goes around the back of this property which will be blocked off by development. There were no others present who wished to speak for or against the proposed zoning along Lascassas Pike and, after ample time had been given, Mayor McFarland declared the public hearing closed. The Assistant City Engineer addressed comments made during the public hearing regarding the flood plain and City regulations that the developer will have to follow with development in the floodplain including raising lots and homes above the projected elevations. Pre-existing drainage patterns will be considered as staff reviews development plans which will be routed through the drainage system that is installed with the development so that there will not be an increase in water backing up on adjacent properties. To address any soil contamination, it was noted that the property is not currently in the City’s jurisdiction; however, it will be up to the developer to take appropriate steps to mitigate any findings that might suggest soil contamination. Mr. Matt Taylor, SEC, Inc., reported that the applicant hired TTL, a geotechnical firm out of Nashville, who have conducted a thorough environmental site assessment on Phase I of the property by researching records, visits to site, reviewed State records as well as made sure there were no off-site contaminates affecting this property and reported back with a clean bill of health. Mr. Taylor said he would provide the TDEC report to staff. He addressed the request for separation between development and residents by noting that the tree row would remain in place; however, any type of privacy fence would not be feasible because it would act as a dam and conflict with drainage patterns for subject property. The Assistant Planning Director assured that, after the development plans are reviewed, staff will make sure that the developer is consistent with what is being represented in the Program Book. Once the  March 2, 2017 Page 9 development is constructed, if there are any deviations that conflict with the Program Book, staff will take action to make sure it is brought into compliance. It was suggested by the Mayor to replace the 15% maximum vinyl with cement hardy-board for gables and dormers and vinyl used only for fascia and soffits. An ordinance, entitled “ORDINANCE 17-OZ-03 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 46.5 acres located along Lascassas Pike as Planned Residential Development (PRD) District (Laurelstone PRD), simultaneous with annexation; Goodall Homes, LLC, applicant [2016-457],” was read to the Council and offered for passage on first reading. Mr. LaLance made a motion to condition approval of first reading by replacing the 15% vinyl with cement hardy-board for gables and dormers and vinyl used only for fascia and soffits. Mr. Wade seconded the motion. 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 Community Development Grant Coordinator was presented to the Council: (Insert letter dated March 2, 2017 here with regards to use of funds through the Affordable Housing Assistance Program for 4315 Sunday Silence Way.) Mr. Smotherman made a motion to accept the recommendation of the Community Development Grant Coordinator to approve the use of funds through the Affordable Housing Assistance Program for 4315 Sunday Silence Way. Mr. Shacklett seconded the motion and all members of the Council voted “Aye” except Mr. LaLance voted to “Abstain”. The Community Development Grant Coordinator announced that “Community Development Week” will be recognized in the month of April. The City Recorder/Finance Director presented a Special Event Beer Application for Murfreesboro Center for the Arts at 110 W College Street for an event to be held on April 22, 2017. This application has met all of the requirements. A Beer Application for Quick Stop Food Mart (ownership change), 760 East Northfield Boulevard, was presented for approval pending completion of all required building and codes inspections. Mr. Shacklett made a motion to accept the recommendation of the City Recorder/Finance Director to approve a Special Event Beer Permit for Murfreesboro Center for the Arts and approve a Beer Permit for Quick Stop Food Mart pending successful  March 2, 2017 Page 10 completion of all building and codes requirements. Vice-Mayor Scales-Harris seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated there were no boards or commission appointments to be made at this time. The City Recorder/Finance Director indicated there were no statements to be approved at this time. Mayor McFarland recognized members from Leadership Rutherford who were present earlier in the meeting. There being no further business, Mayor McFarland adjourned this meeting at 8:40 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER