City Council

September 28, 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, September 28, 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 Sam Huddleston, Assistant City Engineer Darren Gore, Water & Sewer Director Pam Russell, Assistant Human Resources Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Mayor Shane McFarland commenced the meeting with a prayer followed by the Pledge of Allegiance. Mr. Greg Tucker, Rutherford County Historian, addressed the interest in the future of the old Methodist Church building on East College Street and its history dating back to 1843 when the Methodist Episcopal Church was built on this property. In 1844, the National Organization split over the issue of slavery and created the Methodist Episcopal Church North and the Methodist Episcopal Church South. The local congregation here in Murfreesboro was affiliated with the Methodist Episcopal Church South. When the war broke out, the Confederates used the church as a military facility. During the first occupation, the Union Army set up a hospital in the church. After the Battle of Stones River, an order came down from Secretary Stanton which stated that the Methodist Churches had been disloyal and that the ownership of the Methodist Church South would be ceased and turned over to the Methodist Episcopal Church North. In 1863, the local congregation was given permission to resume holding services. A Reverend Patterson showed up one day and declared that the properties were now under the domain of the Church of the North. The Church of the South made a special arrangement with the Campbellite Church and shared facilities during the period of occupation. In 1888, the Methodist Church South built the structure presently there which has imprinted on the cornerstone “Methodist Church South”. Both the northern and southern congregations continued to grow and, in 1938, the National Organization of  September 28, 2017 Page 2 the Methodist Church decided to merge the north and south churches and once againbecome a United Methodist Church. Mr. Tucker hoped that the future of this property includes the preservation of the façade and tower. It copies the architecture of the Court House up until 1908 at which time the appearance of the Court House was changed. Mayor McFarland announced that Assistant City Manager, Jennifer Moody, had been awarded the Emerging Leader Award Nominee by the Murfreesboro Young Professionals. Mayor McFarland announced that the Water and Sewer Department changed its name to “Water Resources Department” effective July 1, 2017. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of City Manager’s approved Budget Amendments for Fiscal Year 2018. 2) Letter of recommendations from the Assistant Transportation Director: A. Purchase of Mast Arm Poles for Signalization of Medical Center Parkway & Gateway Boulevard. B. Purchase of Steel Strain Poles for City Stock Material. 3) Letter of recommendations from the City Judge: Night Court Pilot Project Change. 4) Letter of recommendations from the Community Development Grant Coordinator: Use of funds through the Affordable Housing Assistance Program for 503 South Highland Avenue. 5) Letter of recommendations from the Airport Commission: Approval of Tennessee Aeronautics Division Grant & Associated ATKINS Work Authorization for the Design and Engineering of the Taxiway “F” Extension and Ramp Development. 6) Letter of recommendations from the Street Division Operations Manager: Purchase of One (1) Caterpillar D6K2 Track Type Tractor. 7) Letter of recommendations from the Fire & Rescue Chief: Purchase of Cardiac Monitors from Single-Source Provider with Grant Funds from Christy-Houston Foundation. 8) Letter of recommendations from the Chief of Police: A. Purchase of Telephone System Equipment for New Police Headquarters. B. Purchase of Network Storage Equipment for New Police Headquarters. C. Purchase of Virtual Desktop & Server Equipment for New Police Headquarters. D. Purchase of Evidence Management System for New Police Headquarters. E. Purchase of Service Plan for Use of Force Simulator. 9) Letter of recommendations from the Assistant Planning Director: Mandatory Referral [2017-714] to consider the sale of property located along Barfield Road & New Salem Highway; Chris Rowland, applicant. 10) Letter of recommendations from the Information Technology Director: A. Approval to Purchase Department Vehicle. B. Microsoft Enterprise Online Services including Office 365 Advanced Email Threat Protection (ATP). 11) Letter of recommendations from the Parks & Recreation Director: A. Proposed Fee Structure for Sports*Com & Patterson Park Pass Packages. B. Proposed Fee Structure for Boro Beach at McKnight Park. C. Additional Agency Funding for Uncle Dave Macon Days. (Insert letters from the City Recorder/Finance Director, Assistant Transportation Director, City Judge, Community Development Grant Coordinator, Airport Commission, Street Division Operations Manager, Fire & Rescue Chief, Chief of Police, Assistant Planning Director, Information Technology Director and Parks & Recreation Director here.)  September 28, 2017 Page 3 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”. Mr. LaLance made a motion to approve the minutes as written and presented for the special meeting held on August 31, 2017 (City Manager Performance Evaluation & CIP) and the regular meeting held on August 31, 2017. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated September 21, 2017 here regarding first reading of ORDINANCE 17-OZ-33 rezoning an area along Veterans Pkwy & Vaughn Rd to Highway Commercial (CH) District.) The Assistant Planning Director presented a draft copy of the Restrictive Covenants from the applicant which includes approximately 35 uses prohibited from subject property. These Restrictive Covenants will be recorded prior to second reading if the Council votes to approve the zoning request. Restrictive Covenants are private restrictions that run with the property and enforced by the property owners. They are not enforced by the City. An ordinance, entitled “ORDINANCE 17-OZ-33 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 43.2 acres along Veterans Parkway and Vaughn Road from Single-Family Residential Fifteen (RS-15) District to Highway Commercial (CH) District; Joy Pratt Hord, et.al., applicants [2017-410],” 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, pursuant to RESOLUTION 17-R-PH-40 adopted by the City Council on August 17, 2017, to consider a proposed amendment to rezone approximately 21.93 acres along Joe B. Jackson Parkway and Manchester Pike from Commercial Highway (CH) District to Planned Residential Development (PRD) District (Joe B. Jackson PRD); Richard South, LLC, applicant [2017-424]. Notice of said public hearing was published in the September 11, 2017 issue of a local newspaper as follows: (Insert notice here.)  September 28, 2017 Page 4 Mr. Anthony Donald, Principal Planner, presented the Planning Commission’s unanimous recommendation to rezone approximately 21.93 acres located along the northwest corner of Manchester Pike and Joe B. Jackson Parkway to Planned Residential Development (PRD) District to allow the development of 199 single-family attached dwelling units (townhouses) with a gross density of approximately 9.1 units per acre. The development would have driveway connections on both Manchester Pike and Joe B. Jackson Parkway. Other than the driveways themselves, this development would not include any frontage on either of these roads. The remaining frontage would retain Highway Commercial (CH) District zoning and would be available for future commercial use. The Murfreesboro Comprehensive 2035 Plan indicates that “General Commercial” is the most appropriate land use for subject property. Preserving the frontage for future commercial would appear to be consistent with the Murfreesboro 2035 Plan. Mr. Rob Molchan, SEC, Inc., gave a presentation on the proposed development. A supplemental draft of the concept plan was presented to address some concerns of staff regarding a cabana and pool to go along with the tot lot and lawn area in the plan itself as well as the concept plan incorporates a secondary supplemental compactor site off Manchester Pike entrance behind the commercial pod next to the detention pond before the first set of units. He also noted that they had removed the vinyl siding altogether from the rears of the elevations and replaced it entirely with a masonry product of either brick, stone, or hardy board. Vinyl will be limited only to the trim, soffits and dormer areas of the buildings themselves. Mr. Molchan 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 amendment to rezone an area along Joe B. Jackson Parkway and Manchester Pike to Planned Residential Development (PRD) District step up to the podium. 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-40 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 21.93 acres along Joe B. Jackson Parkway and Manchester Pike from Commercial Highway (CH) District to Planned Residential Development (PRD) District (Joe B. Jackson PRD); Richland South, LLC, applicant [2017- 424],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote:  September 28, 2017 Page 5 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-41 adopted by the City Council on August 17, 2017, to consider a proposed amendment to rezone approximately 24.15 acres along Shelbyville Pike and Joe B. Jackson Parkway from Planned Commercial Development (PCD) District to Planned Unit Development (PUD) District (Marketplace at Savannah Ridge PUD); Carl Storey, applicant [2017-425]. Notice of said public hearing was published in the September 11, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the Planning Commission’s unanimous recommendation to approve rezoning of subject property located at the northeast corner of the intersection at HWY 231 and Joe B. Jackson Parkway to Planned Unit Development (PUD) District called “The Marketplace at Savannah Ridge”. This PUD allows a mixed-use development consisting of four major components:  Multi-tenant commercial structure.  Eight (8) commercial outparcels.  Four (4) single-family residential lots.  Thirty (30) single-family attached dwelling units (townhouses). The site would be accessible from HWY 231, Joe B. Jackson Parkway and Hyannis Drive. The Murfreesboro Comprehensive 2035 Plan indicates that this area is appropriate for “General Commercial”, and this request seems to be consistent with that plan with the caveat that there are townhomes that could serve as a buffer between the Savannah Ridge development and the commercial property. Mr. David Baker, Baker Storey McDonald Properties, gave a presentation on the development. 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 rezoning along Shelbyville Pike and Joe B. Jackson Parkway to PUD step up to the podium. Ms. Tonya Allen, 3416 Shelbyville Highway, lives across from the proposed development and complimented the developers on working with the community to design the properties, buildings and layout that gives the development a nice variety. Her only issue was for the City to consider a traffic light at the proposed intersection of HWY 231 and directly across from the intersection of Highfield Drive because of safety issues that  September 28, 2017 Page 6 currently exist with speeding and vehicles running the traffic light at Joe B. Jackson Parkway including 18-wheelers. When the traffic light backs up or motorists don’t want to wait to get to the Savannah Ridge light, they come to the Highfield intersection and make a U-turn to either access the subdivision or Camino Real. She lives in Palmer Acres Subdivision, and residents are now having difficulty getting out from the subdivision due to traffic. With this proposal, it will potentially be a mess due to the danger of taking the shortest, most direct route even though it may not be the safest route for the side entrances of Savannah Ridge and Joe B. Jackson Parkway access. There were no others 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. Mr. Donald Anthony, Principal Planner, addressed the issue of signalization at HWY 231 and Highfield Drive stating that it is a State highway and certain warrants have to be met for signalization. Mayor McFarland requested a more definitive explanation, prior to second reading, on the distance between the intersection of Savannah Ridge and this intersection to see if there is a warrant at some point to consider. An ordinance, entitled “ORDINANCE 17-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 rezone approximately 24.15 acres along Shelbyville Pike and Joe B. Jackson Parkway from Planned Commercial Development (PCD) District to Planned Unit Development (PUD) District (Marketplace at Savannah Ridge PUD); Carl Storey, applicant [2017-425],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. LaLance. 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-42 adopted by the City Council on August 17, 2017, to consider (1) adoption of a Plan of Services for and annexation of approximately 9.65 acres and (2) to zone approximately 3.9 acres along Osborne Lane as Single-Family Residential Ten (RS-10) District, simultaneous with annexation; zone approximately 0.15 acres along Osborne Lane as Planned Residential Development (PRD) District, simultaneous  September 28, 2017 Page 7 with annexation; and rezone approximately 12.6 acres along Osborne Lane from Single- Family Residential Twelve (RS-12) District to Single-Family Residential Ten (RS-10) District; Vaughn and Geraldine Powers and Green Trails, LLC, and Randy Friedsam, applicants [2016-502 & 2017-421]. Notice of said public hearing was published in the September 11, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to approve the annexation, zoning and rezoning of subject property located along the north side of Osborne Lane (Powers property) which has two single family homes on it. The first public hearing will be on the annexation of said property. It was noted that, when Valleybrook Subdivision was annexed in 2015, there was not an annexation petition for subject property, and a 10’ strip was created so that subject property that is now being annexed would not be completely surrounded by the City Limits. Staff has included this 10’ strip as part of the annexation request. Subject parcels are located within the City’s Urban Growth Boundary and are contiguous with the existing City Limits. No right-of-way is included in the study area as the right-of-way of Osborne Lane in front of the subject property is already located within the City’s jurisdiction. The Plan of Services indicates that the City can provide services to the study area and the annexation can be effected relatively easy. The Planning Commission unanimously voted to approved this annexation request. 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 Plan of Services and annexation of approximately 9.65 acres along Osborne Lane step up to the podium. 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 17-R-PS-42 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 RESOLUTION 17-R-PS-42 here to adopt a Plan of Services for approximately 9.65 acres along Osborne Lane [2016-502]; Vaughn and Geraldine Powers and Green Trails, LLC, applicants.)  September 28, 2017 Page 8 The following RESOLUTION 17-R-A-42 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-42 here to annex approximately 9.65 acres along Osborne Lane, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2016-502]; Vaughn and Geraldine Powers and Green Trails, LLC, applicants.) Mr. Matthew Blomeley, Assistant Planning Director, then presented the unanimous recommendation of the Planning Commission to approve the zoning of approximately 3.9 acres along Osborne Lane as Single-Family Residential Ten (RS-10) District, simultaneous with annexation, and rezone approximately 12.6 acres along Osborne Lane from Single- Family Residential Twelve (RS-12) District to Single-Family Residential Ten (RS-10) District. The total area requested to be zoned Single-Family Residential (RS-10) District is 16.5 acres. Staff estimates that the maximum number of lots on this 16.5 acres, if zoned and developed with an RS-10 classification, is approximately 50-55 lots. A preliminary plat has been received for subject property which shows a yield of 52 lots which is an increase of approximately 7 lots over what could have been developed as RS-12. The third element of the zoning application is to zone the 0.15-acre (10’ strip) portion of the Valleybrook tract to Planned Residential District (PRD) District, simultaneous with annexation. Annexing the 0.15-acre portion of this property will put the entire Valleybrook development into one jurisdiction as well as zoning it PRD, simultaneous with annexation, will put the entire development in the same zoning district. The request to zone subject property to RS-10 is consistent with the Murfreesboro 2035 Comprehensive Plan adopted by the Planning Commission earlier this year, and it recommends that subject property be developed as “Suburban Residential” which is the equivalent of the City’s zoning districts RS-10, RS-12 and RS-15. Mr. Blomeley noted that Mr. Friedsam provided a draft of Restrictive Covenants prior to this meeting as a good faith effort to convey his intentions. They are not anything that would be binding from a City standpoint. The Restrictive Covenants include restrictions on use of property as well as materials of houses, heated square footage, etc. The applicant did conduct a neighborhood meeting on August 20, 2017 which was well attended. Mr. Blomeley addressed questions regarding the 3.9 acres being the only portion of property to be sold and developed by Mr. Friedsam, and the remaining property that has two owner-  September 28, 2017 Page 9 occupied homes coming into the City but not having any plans for future development. The Planning Commission held a public hearing and approved the zoning request by a vote of 5- 1. Mr. Clyde Rountree, Huddleston-Steele Engineering, Inc. and Mr. Randy Friedsam, applicant, were present. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning along Osborne Lane to Residential Single-Family Ten (RS-10) District for approximately 16.5 acres and rezoning of 0.15 acres (10’ strip) to Planned Residential Development (PRD) District step up to the podium. Mr. Adam McCartney, 757 Bud Court, lives in Ridgeport Subdivision which is adjacent to subject property being annexed and rezoned. At the neighborhood meeting, a survey of the neighbor’s expectations was presented to Mr. Friedsam which included minimum 2,100 square feet of heated and cooled living area, 100% masonry and 2-car decorative garages. The developer has worked very well with the neighbors since that neighborhood meeting. They just want to maintain their property values in the area and asked Council to consider that as well when making their decision. 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. Mayor McFarland addressed the Restrictive Covenants presented by Mr. Friedsam which included a minimum of 2,100 square feet heated living area in addition to attached garage opening and all homes to be constructed of masonry products except for overhang or soffits. These restrictions would be the responsibility of the developer to record. Council also addressed limitations of lot usage, such as chicken operations, in the restrictive covenants. These restrictions would supersede the City’s ordinances; however, the City would not be responsible for enforcing them. An ordinance, entitled “ORDINANCE 17-OZ-42 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 3.9 acres along Osborne Lane as Single-Family Residential Ten (RS-10) District, simultaneous with annexation, and to zone approximately 0.15 acres along Osborne Lane as Planned Residential Development (PRD) District, simultaneous with annexation, and to rezone approximately 12.6 acres along Osborne Lane from Single-Family Residential Twelve (RS-12) District to Single-Family Residential Ten (RS- 10) District; Randy Friedsam, applicant [2017-421],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote:  September 28, 2017 Page 10 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-43 adopted by the City Council on August 17, 2017, to consider a proposed amendment to rezone approximately 7 acres along Manson Pike from Single-Family Residential Fifteen (RS-15) District to Commercial Fringe (CF) District; Chad Meadow, applicant [2017-422]. Notice of said public hearing was published in the September 11, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to rezone approximately 7 acres located along the south side of Manson Pike to Commercial Fringe (CF) District. Subject property was previously owned by Blackman United Methodist Church and recently sold to the Meadow family. The applicant owns the property directly to the west of subject property, just southeast of I-840. The property is currently occupied by a church who will pay rent to the Meadow family until it is redeveloped. The rezoning request to Commercial Fringe (CF) District is to match the adjacent commercial zoning to the west. Under the CF zone, the existing church would be a conforming use. If the applicant sells the property to the west, he wants to market it with some additional access opportunities onto Manson Pike so it is his idea to package the larger 53-acre tract on Blackman Road with this 7-acre tract on Manson Pike. This zoning would be consistent with the existing zoning for that property. The Murfreesboro 2035 Comprehensive Plan calls for the property to be developed as “Suburban Residential” but, with its proximity to the commercial zoned property to the west and townhomes to the east, this may be an appropriate property to deviate from the future Land Use Map in the Murfreesboro 2035 Comprehensive Plan. The “Suburban Residential” zone would be RS-10, RS-12 and RS-15 zoning classifications. Mr. Clyde Rountree, Huddleston- Steele Engineering, Inc., was present. 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 rezoning of approximately 7 acres located along Manson Pike step up to the podium. 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.  September 28, 2017 Page 11 An ordinance, entitled “ORDINANCE 17-OZ-43 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 acres along Manson Pike from Single-Family Residential Fifteen (RS-15) District to Commercial Fringe (CF) District; Chad Meadow, applicant [2017-422],” 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-44 adopted by the City Council on August 17, 2017, to consider a proposed amendment to approximately 74 acres in the Planned Residential Development (PRD) District (Kimbro Woods PRD) and to rezone approximately 8.91 acres along Veterans Parkway from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Kimbro Woods PRD); Kimbro Development Group, LLC, applicant [2017-423]. Notice of said public hearing was published in the September 11, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the rezoning request for subject property which is the site of the PRD for the Kimbro Woods Subdivision located along the west side of Saint Andrews Drive, south of New Salem Highway and north of Veterans Parkway. Two sections were developed under the name “Kimbro Woods” early in 2005 and slowed down during the recession. A new developer picked up the development as the recession was coming to an end and began developing it as the “Meadows at Kimbro Woods”. After some experience with developing the Meadows at Kimbro Woods, the developer wanted to fine tune the development a little bit more to his vision for the property and has requested amending the PRD to implement some changes and improvements to the plan. There is an additional 8.91 acres that the developer has purchased and wants to rezone from Single-Family Residential Fifteen (RS-15) District to PRD and add to the existing PRD making a total of approximately 83 acres. The original Kimbro Woods called for 283 homes on 74 acres for a density of 3.8 dwelling units per acre. The total number of dwelling units proposed with this plan are 314 on the 83 acres. The density will remain at  September 28, 2017 Page 12 3.8 dwelling units per acre. The original plan book did not have a minimum lot size set and just had the overall density; however, the applicant is looking to set the minimum lot size to 6,000 square feet. The current plan calls for the exterior material of the homes at 60% masonry and the applicant is looking to increase that to 100% masonry. The existing plan also makes provisions for a certain portion of the lots to be side-entry garages instead of front-entry garages and the applicant is looking to eliminate the side-entry garages and make all the homes in the remaining sections front-entry garages but increase the front setback from 25’ to 35’ which will enable four cars to park in the driveway. Another improvement he is making to the plan is an active amenity lot that will include picnic tables, tot lot and benches for residents to have usable active recreational space in the neighborhood. He is also providing more than one access to a main road outside of the development and, with the acquisition of the property on Veterans Parkway, that will allow the development to have access to Veterans Parkway as well, thereby creating two major ways in and out of the subdivision. The Murfreesboro 2035 Comprehensive Land Use Plan calls for the property to develop as “Auto Urban Residential” which is classified as up to 8.5 dwelling units per acre and the minimum lot size of 6,000 square feet which is about 6 dwelling units per acre; however, this plan will keep the density to 3.8 units per acre which is on the low end of the Auto Urban Residential recommendation. The proposed plan is consistent with the Murfreesboro 2035 Land Use Plan. The Planning Commission held a public hearing after which they unanimously recommended to approve this zoning request. Mr. Clyde Rountree, Huddleston-Steele Engineering, Inc., gave a presentation on the details of the Pattern Book for this development and answered questions from the Council regarding location of recreational area. Mr. Joey Smith, developer, was present. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to 74 acres in the Planned Residential Development of Kimbro Woods and rezoning 8.91 acres along Veterans Parkway to Planned Residential Development (PRD) District step up to the podium. There was no one present who wished to speak for or against the proposed amendments and rezoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-OZ-44 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 74 acres in the Planned Residential Development (PRD) District (Kimbro Woods PRD) and to rezone approximately 8.91 acres along Veterans Parkway from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Kimbro Woods PRD);  September 28, 2017 Page 13 Kimbro Development Group, LLC, applicant [2017-423],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Shacklett. 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-45 adopted by the City Council on August 17, 2017 to consider adoption of a Plan of Services for and annexation of approximately 9 acres along Cushing Avenue which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Rutherford County Government, applicant [2017-510]. Notice of said public hearing was published in the September 11, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve a Plan of Services and Annexation for subject property located on the east side of Cushing Avenue which is owned by Rutherford County Government and is directly across from Cushing Avenue from the practice ballfields for Oakland Middle School. The Board of Zoning Appeals approved a “Special Use Permit” request at its meeting yesterday for some additions and reallocation of the uses on the Oakland Middle School property. Being the County owns this property, some of the athletic fields are moving across Cushing Avenue to the property being requested for annexation. Due to space constraints, the County School Board noticed a need to enlarge the middle school and add some building improvements. The Special Use Permit was approved for both sides of Cushing Avenue for both the area where the building additions are going as well as the area being considered for annexation. The property is surrounded on four of its five sides by the City Limits. It is accessed by Cushing Avenue which is a City street, and it is undeveloped with no structures on it. No services are needed for subject property but would be available for any future development. Mr. Trey Lee from Rutherford County Schools was present. 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 Plan of Services and annexation of  September 28, 2017 Page 14 approximately 9 acres along Cushing Avenue step up to the podium. 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. The following RESOLUTION 17-R-PS-45 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, 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-PS-45 here to adopt a Plan of Services for approximately 9 acres along Cushing Avenue [2017-510]; Rutherford County Government, applicant.) The following RESOLUTION 17-R-A-45 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, 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-A-45 here to annex approximately 9 acres along Cushing Avenue, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2017-510]; Rutherford County Government, applicant.) The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated September 8, 2017 here requesting to schedule public hearings for zoning (PSO) along Medical Center Pkwy; rezoning along Burnt Knob Road & Veterans Pkwy (CH); rezoning along Esquire Dr & Mary Beth Crt (RS-6 & RS-12); Annexation Plan of Services and annexation petition along Veals Rd; zoning along Veals Rd (RS-10), simultaneous with annexation; and rezoning along Burrows Avenue (RS-6).) The following RESOLUTION 17-R-PH-47 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None  September 28, 2017 Page 15 (Insert RESOLUTION 17-R-PH-47 here to schedule a public hearing on November 2, 2017 to consider zoning approximately 31.3 acres located along Medical Center Pkwy as a Planned Signage Overlay (PSO) District [2017-414]; Hearthstone Properties, applicant.) The following RESOLUTION 17-R-PH-48 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-48 here to schedule a public hearing on November 2, 2017 to consider rezoning approximately 4.8 acres located along Burnt Knob Rd & Veterans Pkwy from Single-Family Residential Fifteen (RS-15) District to Commercial Hwy (CH) District [2017-426]; Prashant Patel, applicant.) The following RESOLUTION 17-R-PH-49 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-49 here to schedule a public hearing on November 2, 2017 to consider to rezoning approximately 8.33 acres located along Esquire Drive and Mary Beth Court from Single-Family Residential Ten (RS-10) District to Single- Family Residential Six (RS-6) District and to rezone approximately 9.24 acres from Single-Family Residential Ten (RS-10) District to Single- Family Residential Twelve (RS-12) District [2017-429]; Camp Properties, LLC, applicant.) The following RESOLUTION 17-R-PH-50 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-50 here to schedule a public hearing on November 2, 2017 to consider (1) adoption of a Plan of Services for and annexation of 26.5 acres and (2) zoning of approximately 26.5 acres along Veals Road to Single-Family Residential Ten (RS-10) District [2017-511 & 2017-430]: Randy Friedsam, applicant.)  September 28, 2017 Page 16 The following RESOLUTION 17-R-PH-51 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-51 here to schedule a public hearing on November 2, 2017 to consider rezoning approximately 14.9 acres along Burrows Avenue from Single- Family Residential Twelve (RS-12) District to Single-Family Residential Six (RS-6) District [2017-427]; Lennar Homes, applicant.) The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated September 8, 2017 here with regards to Mandatory Referral for Right- of-Way Abandonment request for White Poplar Court and Mandatory Referral for Drainage Easement Abandonment request for White Poplar Court.) Mr. Donald Anthony, Principal Planner, presented these recommendations. Mr. Sam Huddleston, Assistant City Engineer, addressed questions with regards to who would be responsible for maintenance of permeable pavers. This would be done by recording a Stormwater Maintenance Agreement that obligates the new developer to operate and maintain the permeable pavers and provides for the City to address any failure on the developer’s part to fulfill that responsibility. Mr. Wade made a motion to accept the recommendation of the Planning Commission to approve a Mandatory Referral for Right-of-Way Abandonment for White Poplar Court with the following conditions:  Utility and drainage easements, as needed, must be retained prior to the abandonment of the right-of-way. (Memorandum for easements required by various providers).  The applicants must provide a legal description, an exhibit, and any other documentation necessary for the preparation of the required legal documents.  All legal documents are subject to the approval of the City Attorney.  The applicant will be responsible for recording the quitclaim deed.  The applicant shall prepare and submit to the City a Long-Term Operation and Maintenance Plan and associated agreement for the White Poplar Court paver system prior to the finalization of the abandonment process.  The applicant shall prepare and submit to the City an agreement document for the developer/HOA to maintain the decorative pavement located in the right-of-way. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. Smotherman made a motion to accept the recommendations of the Planning Commission to approve a Mandatory Referral for drainage easement abandonment request for White Poplar Court with the following conditions:  September 28, 2017 Page 17  The applicants must provide a legal description, an exhibit, and any other documentation necessary for the preparation of the required legal documents.  All legal documents are subject to the approval of the City Attorney.  The applicant will be responsible for recording the quitclaim deed. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Assistant Human Resources Director was presented to the Council: (Insert letter dated September 28, 2017 here with regards to Health Insurance Premium Rates.) Vice-Mayor Scales Harris made a motion to accept the recommendation of the Assistant Human Resources Director to increase health insurance premiums by 1.5%, instead of 3% as presented in the FY 2018 Budget, effective with December 2017. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Water Resources Director was presented to the Council: (Insert letter dated September 25, 2017 here with regards to bid award for MTSU logo painted on the Bloomfield Repurified Water Tank.) Mr. Shacklett made a motion to accept the recommendation of the Water Resources Director to approve the bid of Preferred Sandblasting and Painting in the amount of $38,874.00, with all funding anticipated to come from MTSU, for painting of the MTSU logo on Bloomfield Elevated Steel Water Storage Tank. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following RESOLUTION 17-R-25 was read to the Council and offered for adoption upon motion made by Vice-Mayor Scales Harris, 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-25 here requesting unclaimed balance of accounts remitted to State Treasurer under Unclaimed Property Act for 2014, 2015 and 2016 report years.) The following RESOLUTION 17-R-26 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, 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  September 28, 2017 Page 18 Nay: None (Insert RESOLUTION 17-R-26 here expressing official intent that certain expenditures to be incurred in connection with certain public works project, and related expenditure to acquire approximately 11.7 acres of property along East Clark Boulevard be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) Upon recommendation of Mayor McFarland, Mr. Smotherman made a motion to appoint Mr. Scott Uselton to replace Mr. Denny O’Donald on the Pension Committee for a term of three years expiring on June 1, 2020. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. A recommendation for the Parks & Recreation Commission was presented to be considered at a future meeting. The City Recorder/Finance Director presented a Special Event Beer Application for Darryl Worley Foundation to be held at Bumpus Harley Davidson, 2250 NW Broad Street, on October 11, 2017. All requirements have been met. Beer Applications were presented for Taco Garage, 1911-A Medical Center Parkway (new location); Sami’s Market (ownership change), 2975 S. Rutherford Boulevard, Suite B; and Burger Republic, 1440 Medical Center Parkway, Suite C (new location). These Beer Permits will be issued upon completion of all building and codes inspections. Vice-Mayor Scales Harris made a motion to approve a Special Event Beer Permit for Darryl Worley Foundation and approve Beer Permits for Taco Garage, Sami’s Market and Burger Republic upon successful completion of all building and codes requirements. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following statement was presented to the Council with the recommendation of the City Manager and City Recorder/Finance Director its payment be approved: From TMBF/Bond Fund: Mid-South Bus Center $ 21,042.11 Mr. Smotherman made a motion to accept the recommendation of the City Manager and City Recorder/Finance Director to approve payment of the statement. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Under other business, the City Manager presented the following recommended dates for special meetings of the City Council for October 2017:  October 12, 2017: Joint Planning Commission Meeting, 5:00 p.m., Conference Room 218, RE: Design Guidelines.  October 18, 2017: 5:00 p.m., Conference Room 218, RE: Compensation Philosophy/Pay Plan.  October 20, 2017: 9:00-12:00 noon, Conference Room 218, RE: Capital Improvement Plan (CIP).  October 26, 2017: 5:00 p.m., Conference Room 218, RE: Franklin Synergy Proposals.  September 28, 2017 Page 19 Mr. Shacklett made a motion to accept the City Manager’s recommendation to advertise for the above special meetings of Council. Mr. Wade seconded the motion and all members of the Council voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 8:41 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER