City Council

April 20, 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, April 20, 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 Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Donald Anthony, Principal Planner Karl Durr, Chief of Police Mark Foulks, Fire & Rescue Chief Sam Huddleston, Assistant City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Boy Scout Carrington commenced the meeting with a prayer followed by the Boy Scouts from Troop 398 leading those present with the Pledge of Allegiance. Mayor McFarland recognized Boy Scouts from St. Mark’s United Methodist Church who were present to complete requirements for Communications and Citizenship in the Nation Merit Badges. Mayor McFarland recognized Ms. Desir’ Thorpe from dispatch who was chosen as “Telecommunicator of the Year” and Ms. Skylar Harris from Police Patrol who recently appeared on the television show “The Voice”. Police Chief Durr and Fire & Rescue Chief Foulks commented on the outstanding work both ladies had accomplished in dispatch and patrol positions for the Police and Fire & Rescue Departments. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Community Development Director: A. Housing Rehabilitation: 1311 Eagle Street, Change Order No. 1. B. Acquisition of Real Property Program: 2303 & 2307 Norman Street. 2) Request to hang a banner across East Main Street from August 29-September 8, 2017 to promote the Providence Christian Academy Fall Festival. (Insert letter from the Community Development Director here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Vice- Mayor 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 regular meeting held on April 6, 2017; special meeting held on April 13, 2017 (North  April 20, 2017 Page 2 Highland Avenue Study, Historic Bottoms Study and Comprehensive 2035 Plan, Chapter 7- Economic Development); and regular meeting held on April 13, 2017. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder presented for approval an amended “Exhibit A” to ORDINANCE 17-O-11 amending the 2016-2017 Budget (4th amendment) prior to passing on second and final reading. Mr. Wade made a motion to amend “Exhibit A” to ORDINANCE 17-O-11. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 17-O-11 amending the 2016-2017 Budget (4th amendment),” which passed first reading on April 6, 2017, was read to the Council and offered for passage on second and final reading, as amended, upon motion made by Vice- Mayor Scales Harris, 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 17-O-11 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing and consider for approval a Certificate of Compliance for a Retail Liquor Store for Lisa Anne Stricklin (ownership/name change) at University Package Store, 2834 Middle Tennessee Boulevard. The City Recorder/Finance Director stated that this is an existing location with a change in name and ownership. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against a Certificate of Compliance for a Retail Liquor Store for Lisa Anne Stricklin at University Package Store do so at this time. There was no one present who wished to speak for or against the Certificate of Compliance and, after ample time had been given, Mayor McFarland declared the public hearing closed. Vice-Mayor Scales Harris made a motion to approve a Certificate of Compliance for a Retail Liquor Store for Lisa Anne Stricklin at University Package Store. 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-07 adopted by the City Council on March 16,  April 20, 2017 Page 3 2017, to consider (1) adoption of a Plan of Services for and annexation of 406.3 acres along Burnt Knob Road, Veterans Parkway and Blackman Road; (2) zoning of approximately 120.5 acres along Burnt Knob Road and Lyle McDonald Court to Park (P) District (approximately 116.9 acres) and Highway Commercial (CH) District (approximately 3.6 acres); and (3) zoning of approximately 79 acres along Veterans Parkway and Blackman Road to Highway Commercial (CH) District (approximately 70.5 acres) and Commercial Fringe (CF) District (approximately 8.5 acres) which have been proposed to be annexed to the City of Murfreesboro, Tennessee; City of Murfreesboro and Mr. Donald McDonald, applicants [2017- 501, 2017-403 and 2017-404]. Notice of said public hearings were published in the April 3, 2017 issue of a local newspaper as follows: (Insert notice here.) The Assistant Planning Director presented the unanimous recommendation of the Planning Commission to approve the Plan of Services and annexation of approximately 406.3 acres along Burnt Knob Road, Veterans Parkway and Blackman Road. This annexation is for the West Park property which includes several additional parcels for which all but three property owners submitted annexation petitions. Those three parcels have been excluded from the Plan of Services and annexation. The Police Chief requested that SR-840 right-of-way and SR-840 interchange be included in the annexation study and plan of services to clear up any jurisdictional confusion there might be in response to emergency service calls. A revised map illustrated the exclusion of those three parcels; a 10’ strip created along the eastern boundary line and to the northern boundary line of Mr. McDonald’s property; a 10’ strip of SR-840 right-of-way; and a 10’ strip created along the Blackman Road right-of-way to keep from surrounding the Tranthom property. All City services can be provided to the remaining parcels in the study area with the exception of sewer which is not available to all of the parcels at this time; however, a gravity line is anticipated to be constructed to serve the park property, and the gravity line would be extended as a part of that project to the western border of the park property for future extension to the adjacent properties along Veterans Parkway. There are two companion zoning requests, one of which is for the City property and one for the McDonald property to the south of SR-840. Mr. LaLance questioned if the park property could be considered separately. The City Attorney indicated that the matter before Council is the annexation and Plan of Services for 406.3 acres. 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 along  April 20, 2017 Page 4 Burnt Knob Road, Veterans Parkway and Blackman Road, for approximately 406.3 acres do so at this. Mr. Mark Nicgorski, 5703 Colchester Court, represented the Berkshire Homeowners Association. The Berkshire Subdivision is directly adjacent or across the street facing Pendleton Boulevard which would be facing this project on Westlawn. He reiterated their continued support of Mr. McDonald’s development but requested that the plan be designed in such a way as to place the store fronts of the buildings on “F-C” property facing Berkshire as well as Mr. McDonald’s property. There were no others present who wished to speak for or against the proposed annexation and Plan of Services and, after ample time had been given, Mayor McFarland declared the public hearing closed. The Assistant City Attorney advised Council it would be appropriate to approve the Plan of Services and annexation subject to the revised maps being provided to Council and the City Recorder for the official record. The following RESOLUTION 17-R-PS-07 was read to the Council and offered for adoption, subject to staff comments, upon motion made by Mr. Smotherman, 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-PS-07 here to adopt a Plan of Services for approximately 406.3 acres along Burnt Knob Road, Veterans Parkway and Blackman Road; City of Murfreesboro, applicant [2017-501].) The following RESOLUTION 17-R-A-07 was read to the Council and offered for adoption, subject to staff comments, upon motion made by Mr. Smotherman, 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-07 here to annex approximately 406.3 acres along Burnt Knob Road, Veterans Parkway and Blackman Road, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee; City of Murfreesboro, applicant [2017-501].)  April 20, 2017 Page 5 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning approximately 120.5 acres along Burnt Knob Road and Lyle McDonald Court as Park (P) District and Highway Commercial (CH) District, simultaneous with annexation; City of Murfreesboro, applicant [2017-403]. The Assistant Planning Director presented the unanimous recommendation of the Planning Commission to approve the zoning request for approximately 120.5 acres along Burnt Knob Road and Lyle McDonald Court as Park (P) District and Highway Commercial (CH) District, simultaneous with annexation [2017-403]. He stated that this property was one parcel, but it was separated by the construction of SR-840. The property was purchased by the City for development of West Park, and approximately 117 acres is being proposed to be zoned Park (P) District which would permit development of the West Park by right and 3.6 acres is the remnant portion of the parcel south of SR-840 which is proposed to be zoned Highway Commercial (CH) District, all of which will be simultaneous with annexation. The boundary line bisects the SR-840 right-of-way as prescribed by the City’s Zoning Ordinance. A revised map was presented to illustrate the 10’ strip that would be left out consistent with the annexation of the property just approved. The parcel being requested for Highway Commercial (CH) District is adjacent to several parcels zoned Highway Commercial (CH) District. The City does not intend to develop that as part of the park property but felt, because of the adjacent property zoned CH, it would be appropriate to zone the 3.6 acres as well. The subject property is shown in the 2035 Land Use Plan to be developed as business park; however, that was prior to the contemplation and purchase of this property for use as a large scale park facility. The General Development Plan for the Blackman Community, however, recommends a mixed use for subject property which is described as “retail, office, civic/institutional, and high-density residential”. The plan states that it “supports the potential for institutional facilities” and a city facility is an institutional facility. He mentioned that, due to the number of studies in progress and the number of plans submitted as of late, the Design Guidelines were temporarily put on hold, but it is anticipated that they will be brought back to the forefront in the very near future which will be somewhat of an advisory guide for developers while other portions of the Design Guidelines will be regulatory in nature. They would be City-wide, if adopted, and would capture this property. He noted that a Zoning Ordinance amendment will come before Council on May 18, 2017 that removes warehousing and distribution as permitted uses in the Highway Commercial (CH) District. There were no 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 zoning for approximately 120.5 acres  April 20, 2017 Page 6 along Burnt Knob Road and Lyle McDonald Court as Park (P) District and Highway Commercial (CH) District, 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 17-OZ-07.1 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 120.5 acres along Burnt Knob Road and Lyle McDonald Court as Park (P) District and Highway Commercial (CH) District, simultaneous with annexation; City of Murfreesboro, applicant [2017-403],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, 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 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning approximately 79 acres along Veterans Parkway and Blackman Road as Highway Commercial (CH) District and Commercial Fringe (CF) District, simultaneous with annexation; Mr. Donald McDonald, applicant [2017-404]. The Assistant Planning Director presented the unanimous recommendation of the Planning Commission to approve the zoning requests for Highway Commercial (CH) District and Commercial Fringe (CF) District. The Murfreesboro 2035 Plan recommends that this property develop as General Commercial to serve interstate commercial users especially with the park property just to the north and the expectation of an increasing amount of interstate traffic at this interchange as well as with the growing number of residential uses in the Blackman area. The applicant requested Commercial Fringe (CF) District to be sensitive to the residential area directly across from his property at Winslow Park at Berkshire Subdivision. Mr. Blomeley responded to Mr. LaLance’s question that a truck stop would be allowed in Highway Commercial (CH) District. There were no other questions. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning along Veterans Parkway and Blackman Road as Highway Commercial (CH) District and Commercial Fringe (CF) District, simultaneous with annexation, do so at this time.  April 20, 2017 Page 7 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 17-OZ-07.2 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 79 acres along Veterans Parkway and Blackman Road as Highway Commercial (CH) District and Commercial Fringe (CF) District, simultaneous with annexation; Mr. Donald McDonald, applicant [2017-404],” was read to the Council and offered for passage on first reading. The Assistant Planning Director referenced that there is an amended map with the 10’ strip. Mr. LaLance was opposed to bulk zoning and uses such as a truck stop and wrecker storage yard on the Gateway and felt a Planned Commercial (PCD) development with a Gateway Overlay would be more appropriate. The Assistant Planning Director reiterated that the City-wide design guidelines would address a number of design features, increased architectural requirements, landscaping, etc. that would be for the entire City; however, it would not be quite as strict as the Design Guideline Overlay District. The Assistant City Attorney said the Design Guidelines would apply to vacant property; however, if there was a structure or business currently on the property, it might not be possible to require the owner to make a change. It is also his understanding that these guidelines would not prohibit or challenge a use. Mr. Rountree, Huddleston-Steel Engineering, stated that Mr. McDonald is very sensitive to the fact that this is a high-profile piece of property, and he would be willing to work with the Design Guidelines as they are put forward as well as add a deed restriction prohibiting a truck stop kind of facility right at their gate. Mr. Donald McDonald, 2104 Blackman Road, stated that he would not develop anything that was not desirable for the Blackman area, and he would have deed restrictions to prevent those types of uses if the Design Guidelines were not adequate. Mr. Blomeley indicated staff would work with Mr. McDonald to review and provide a list of uses not compatible to the Blackman area in Highway Commercial District and bring those back to Council prior to considering second reading. Mr. Wade made a motion to approve first reading of ORDINANCE 17-OZ-07.2. Mr. LaLance preferred to see the deed restrictions prior to passing the ordinance on first reading. Mr. Wade withdrew his motion. Mr. Smotherman made a motion to defer ORDINANCE 17-OZ-07.2 on first reading. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  April 20, 2017 Page 8 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-08 adopted by the City Council on March 16, 2017, to consider a proposed amendment to approximately 247.3 acres in the Planned Residential Development (PRD) District located west of Saint Andrews Drive (Evergreen Farms PRD); Ole South Properties, Inc., applicant [2017-401]. Notice of said public hearing was published in the April 3, 2017 issue of a local newspaper as follows: (Insert notice here.) The Principal Planner presented the unanimous recommendation of the Planning Commission to approve the proposed amendment to Evergreen Farms PRD. The first part of the zoning request is to increase the number of townhouse units in the development and revise the single-family detached residential lot widths and sizes in a portion of Area A. The current entitlements for Phase 2 are 957 single-family lots with front-loaded garages; 68 single-family lots with side-loaded garages; and 334 townhouses for a total of 1,359 dwelling units in Phase 2. This application is to make two major changes to the PRD. The applicant would like to convert a portion of the property that is currently approved for single-family units to allow for additional townhouses. The number of single-family units would be reduced by 66 and, at the same time, increase the number of townhouses by 115 (334 to 449) which would result in a net increase of 49 dwelling units. The density in Phase 2 would increase from 5.49 dwelling units per acre to 5.69 dwelling units per acre. The revised total of dwelling units would be increase from 1,359 to 1,408. The second part of the zoning request is to revise the lot standards for a portion of the property that lies west of Puckett Creek which is currently approved for single-family detached units. As currently approved, those 376 lots are required to have a minimum lot size of 6,000 square feet and a minimum lot width of 60 feet. The amendment reduces the minimum lot size to 5,000 square feet and the minimum lot width reduced to 50 feet. While this change would lead to more compact lots, this particular portion of the rezoning request would lead to no increase in unit count or density. Mr. Clyde Rountree, Huddleston-Steele Engineering, gave a brief presentation on the request to amend the Evergreen Farms PRD and answered questions from the Council. Mr. Smotherman addressed the timeframe of construction for the bridge in relationship to the development. The Assistant City Engineer indicated the bridge construction is scheduled to be in the CIP funding for late 2017 or early 2018. The phasing plan proposed by Ole South will take time to connect to Higdon and Country Park. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to Evergreen Farms PRD do so at this time. There was no one present who wished speak for or against the proposed  April 20, 2017 Page 9 amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-OZ-08 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 247.3 acres in the Planned Residential Development (PRD) District located west of Saint Andrews Drive (Evergreen Farms PRD) as indicated on the attached map; Ole South Properties, Inc., applicant [2017-401],” 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 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-09 adopted by the City Council on March 16, 2017, to consider adoption of a Plan of Services for and annexation of approximately 5,000 linear feet of Shores Road right-of-way which have been proposed to be annexed to the City of Murfreesboro, Tennessee; City of Murfreesboro, applicant [2017-502]. Notice of said public hearing was published in the April 3, 2017 issue of a local newspaper as follows: (Insert notice here.) The Assistant Planning Director presented the unanimous recommendation of the Planning Commission to approve the Plan of Services and annexation of approximately 5,000 linear feet of Shores Road right-of-way. In 2007, the Westlawn PUD was adopted and one of the components of the development was the realignment of Shores Road. With the Veterans Parkway construction, Shores Road and Blackman Road curved to form an intersection at Veterans Parkway. The plan proposed was to curve up Shores Road and curve down Blackman Road to get a superior alignment at a future signalized intersection at Veterans Parkway. The roadway improvement has been contemplated since 2007; however, with the recession, the development of Westlawn stagnated and never moved forward. A site plan was approved recently for the Westlawn Townhome development of 98 townhomes on individual lots of record and, with that project, comes the realignment of Shores Road that has been anticipated since 2007. Westlawn is directly adjacent to the subject property, in the City Limits and currently generating traffic onto Shores Road. Bringing Shores Road  April 20, 2017 Page 10 into the City’s jurisdiction will eliminate confusion with City services such as police, fire, and medical first responders. Staff met with the residents to address their concerns. 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 5,000 linear feet of Shores Road do so at this time. Ms. Brenda Tanner, 3311 and 3431 Shores Road, did not feel annexation of Shores Road right-of-way would improve the neighborhood. A red light is needed at the end of Shores Road on the east side. Mr. Kenneth Hawkins, 3341 Shores Road, did not necessarily have a concern with the road being annexed but had more of a concern with losing his voice if the road is annexed into the City. He requested that, if the road is annexed, he would like to have a voice when things happen to the road in the future. Mr. Mike Tanner, 3431 Shores Road, opposed the annexation of Shores Road right- of-way because he feels it is a waste of the City taxpayer’s money and does not feel they should be encroached upon by the City either morally or legally. Their property deeds and taxable acreage extends to the center of Shores Road. He presented a copy of the resident’s opposition to this annexation for the record. Mr. Denton Hemphill, 3495 Shores Road, opposed this annexation due to concerns of rerouting Shores Road which would cause a major traffic headache and opposed the idea of a cul-de-sac. A traffic signal is needed at Shores Road and Veterans Parkway and Blackman Road and Veterans Parkway. Mr. Ray Mathes, 3521 Shores Road, was not so much concerned with the annexation as he was not having a voice if the City takes the property. He was opposed to moving the road which will result in residential, commercial and rural traffic merging onto one road and the traffic issues that would result from that rerouting. Ms. Ashley Pope, 3341 Shores Road, lives closer to where the proposed cul-de-sac would be constructed and opposed the annexation of the 5,000 linear feet. She is not as concerned about annexation as much as she is concerned with having an equal seat at the table to work through some of the issues that would affect their livelihood, access, future property values and what they do on an everyday basis. Ms. Beth Spivey, 5083 Veterans Parkway, supported what previous speakers said and opposed annexation. Ms. Teresa Hemphill, 3495 Shores Road, opposed annexation of Shores Road and did not feel that there were any problems to justify changing the road because of safety.  April 20, 2017 Page 11 There were no others present who wished to speak for or against the proposed Plan of Services and annexation of right-of-way of Shores Road and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 17-R-PS-09 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 17-R-PS-09 here to adopt a Plan of Services for approximately 5,000 linear feet of Shores Road right-of-way; City of Murfreesboro, applicant [2017-502].) The following RESOLUTION 17-R-A-09 to annex approximately 5,000 linear feet of Shores Road right-of-way, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee; City of Murfreesboro, applicant [2017-502],” was read to the Council and offered for adoption. The Assistant Planning Director defined substandard streets as not meeting City standards with regards to curb and gutter and sidewalks. The newly developed Westlawn Subdivision is generating a lot of traffic with its development. Staff feels that it is appropriate to have the adjacent roadway to handle this traffic that this city development is generating in the City’s jurisdiction so that the road can be maintained and first responders can respond. Currently this development is having to go to the County Highway Department for the tie-ins to the County road. Mr. Sam Huddleston, Assistant City Engineer, stated that it is important to consolidate the jurisdictions in order to maintain the right-of-way with the public drainage system and public road system for this section of Shores Road into one agency which is the City of Murfreesboro. The County is being asked to assist with the road improvements and approval of plans for projects that are not in their jurisdiction. Mr. Shacklett addressed the resident’s property going to the middle of the road. Mr. Huddleston stated that the deed reference for 75% of those properties goes to the center of Shores Road. The Assistant City Attorney said that the established right-of-way supersedes the old deeds and the new deeds that follow the old legal descriptions state to the center line. Staff has been advised that the Assessor does not assess taxes on that part of the owner’s property that is under asphalt or that is part of the road or part of the ditch. Mr. LaLance made a motion to defer adoption of RESOLUTION 17-R-A-09. Mr. Wade seconded the motion and all members of the Council voted “Aye”.  April 20, 2017 Page 12 The Assistant Planning Director stated that Mr. Mitchell, County Property Assessor, provided information that the adjacent property owners are not taxed for the right-of-way and that the roadway itself is not taxed because there is no beneficial use of it to the private property owners. Mayor McFarland suggested that the property owners meet with Mr. Mitchell to confirm their individual situations. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-10 adopted by the City Council on March 16, 2017, to consider amending the Murfreesboro City Code, Appendix A-Zoning, Section 2, Section 15, Chart 1, Chart 2 and Chart 1 and 2 endnotes, pertaining to revisions to the Zoning Ordinance; Murfreesboro Planning Department, applicant [2017-801]. Notice of said public hearing was published in the April 3, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendations of the Planning Commission to approve Appendix A-Zoning amendments. Some of the changes include moving the “footnotes” from Section 15 back to being “end notes”; modify existing definitions and add news ones to Section 2; and Chart 1 modified to allow self-service storage facilities by right instead of by special use permit in Light Industrial (L-I) and Highway Commercial (CH) Districts. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Zoning Ordinance amendments do so at this time. There was no one present who wished to speak for or against the proposed amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-O-10 amending Murfreesboro City Code Appendix A-Zoning, Section 2, Section 15, Chart 1, Chart 2 and Chart 1 and 2 endnotes, pertaining to revisions to the Zoning Ordinance,” 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  April 20, 2017 Page 13 The following letter of recommendations from the Fire & Rescue Chief was presented to the Council: (Insert letter dated April 20, 2017 here with regards to purchase of AED/Cardiac Monitors from a Single Source Provider with CIP Funds and approval of Site Work Package at Guaranteed Maximum Price for Fire Station No. 4 (1321 Medical Center Parkway). Mr. Smotherman made a motion to accept the recommendation of the Fire and Rescue Chief to approve the purchase of AED/cardiac monitors from the single-source provider, Zoll, for an estimated cost of $745,000, funded from 2012 CIP Funds. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that Item B, regarding Fire Station No. 4, had been withdrawn from the agenda. The following letter of recommendations from the Assistant City Engineer was presented to the Council: (Insert letter dated April 20, 2017 here with regards to Design Contract for extension and signalization of Warren Street.) Mr. Wade made a motion to accept the recommendation of the Assistant City Engineer to approve a Design Contract with Huddleston-Steele Engineering, Inc. in an amount “not to exceed” $50,000 for the extension and signalization of Warren Street and authorize the Mayor to execute said contract upon review and approval by the City Attorney. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant City Manager was presented to the Council: (Insert letter dated April 14, 2017 here with regards to approval of a Construction Contract with Boyce Ballard Construction for the Community Technology Center.) Mr. Jim Crumley, Assistant City Manager, presented this recommendation on behalf of the Linebaugh Library Board of Directors. Mr. LaLance made a motion to accept the recommendation of the Linebaugh Library Board of Directors to approve a Construction Contract with Boyce Ballard Construction for the Community Technology Center in the amount of $1,513,000.00. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Mr. Smotherman made a motion to appoint Mr. Michael Osborne to fulfill the term of Mr. Peter Demos on the Disciplinary Review Board with term ending September 30, 2021. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented the following Beer Permit Applications for approval pending completion of all building and codes inspections: Zoe’s Kitchen, 2222 Medical Center Parkway, Suite F (new location); Kangaroo Express #3566 (ownership/name change), 2374 Old Fort Parkway; Kangaroo Express #0474 (ownership/name change), 302  April 20, 2017 Page 14 W. Northfield Boulevard; Circle K 2803718 (ownership/name change), 2610 S. Church Street; Circle K 2803699 (ownership/name change), 3401 Memorial Boulevard; and Shell Gas Station (ownership/name change), 1411 South Church Street. Mr. LaLance made a motion to approve a Beer Permit for Zoe’s Kitchen, Kangaroo Express #3566 & #0474, Circle K 2803718 & 2803699 and Shell Gas Station upon successful completion of all building and codes inspections. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder indicated there were no statements to consider. Under other business, Mayor McFarland presented a recommendation from Mr. Jeffrey J. Broughton, Municipal Management Consultant with Municipal Technical Advisory Service (MTAS), to facilitate a performance review for the City Manager. Mr. Broughton suggested that Mr. Lyon’s annual evaluation cycle correspond with his appointment anniversary date as City Manager. Accordingly, Mr. Lyons’ performance review cycle would be conducted for each 12-month period ending August 31st. The primary decision that the City Council would need to make is 1) to undertake a facilitated performance review to be coordinated by Mr. Broughton and, 2) the evaluation period for which is recommended to end each August 31st. If the Council agrees with a date of September 1st to August 31st period that is recommended, there would be several months before any action is required to commence the process. If the Council adopts to stay with the July 1st to June 30th cycle, the process would have to begin within 60 days. Mr. Shacklett made a motion to adopt the evaluation period from September 1st to August 31st for the City Manager’s evaluation and to use Mr. Broughton to facilitate the performance review. Mr. Smotherman requested that there be a work session to discuss the matter further. Council concurred. Mr. Shacklett withdrew his motion. Mayor McFarland announced that the Martin Luther King, Jr. Scholarship dinner will be held Friday, April 21, 2017, at the new student center at 7:00 p.m. There being no further business, Mayor McFarland adjourned this meeting at 9:13 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER April 20, 2017 Page 15