City Council

November 9, 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, November 9, 2017, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Council Member Rick LaLance was absent and excused from this meeting. The following representatives of the City were also present: James Crumley, Assistant City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Matthew Blomeley, Assistant Planning Director Mark Foulks, Fire & Rescue Chief Angela Jackson, Parks & Recreation Director Ram Balachandran, Assistant Transportation Director/ Traffic Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Bill Shacklett recognized Mr. Jason Bennett, Director of Murfreesboro Cold Patrol, who commenced the meeting with a prayer followed by the Pledge of Allegiance. Mr. Bennett spoke on the purpose of the Murfreesboro Cold Patrol which is a non- profit organization that helps the homeless community to connect with ministries that help people in these situations. He also addressed “Murfreesboro Love” which was organized at the onset of the October 28, 2017 rally on the square and thanked the entire community for their response to prevent White Supremacists from driving the narrative in our community as well as setting the tone for any future activity from outsiders with a similar agenda. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Planning Commission: Mandatory Referral at 3300 Siegel Road. 2) Letter of recommendations from the Parks & Recreation Director: A. Buy One, Get One Free Facility Passes. B. Donation of Ball Field Lights to Eagleville High School. 3) Letter of recommendations from City Engineer: Change Order to the 2014-2015 City Paving Contract. 4) Letter of recommendations from the Water Resources Board: A. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. B. Purchase of Dell VRTX. C. Truck Purchase for Stormwater Inspection. D. Rebuild of 250hp Pump Additional Cost. E. Auxiliary Raw Water Intake Standby Generator: Final Balancing Change Order F. Channel Lining (Trough) Project for Engineering Work Order #16-41-016.0, Stones River Water Treatment Plant. G. Asphalt Purchases Report.  November 9, 2017 Page 2 (Insert letters from the Planning Commission, Parks & Recreation Director, City Engineer and Water Resources Board here.) Mayor McFarland presented a revised letter for Item 2B from the Parks & Recreation Director which added St. Rose of Lima Catholic School to the list for donation of lights. Mr. Shacklett made a motion to approve the Consent Agenda with the change as noted. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”. An ordinance, entitled “ORDINANCE 17-OZ-47 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 31.3 acres along Medical Center Parkway as a Planned Signage Overlay (PSO) District; Hearthstone Properties, applicant [2017-414],” which passed first reading on November 2, 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 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-OZ-47 here.) An ordinance, entitled “ORDINANCE 17-OZ-49 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 8.33 acres 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; Camp Properties, LLC, applicant [2017-429],” which passed first reading on November 2, 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland  November 9, 2017 Page 3 Nay: None Said ordinance was passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-49 here.) Mayor McFarland withdrew second reading of ORDINANCE 17-OZ-50 to zone an area located along Veals Road as Single-Family Residential Ten (RS-10) District, simultaneous with annexation. An ordinance, entitled “ORDINANCE 17-OZ-51 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 14.9 acres along Burrows Avenue from Single- Family Residential Twelve (RS-12) District to Single-Family Residential Six (RS-6) District; Lennar Homes, applicant [2016-427],” which passed first reading on November 2, 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 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-OZ-51 here.) The following letter of recommendations from the Fire & Rescue Chief was presented to the Council: (Insert letter dated November 9, 2017 here with regards to Construction of Fire Station No. 4 on Medical Center Parkway.) Mr. Smotherman made a motion to accept the recommendation of the Fire & Rescue Chief and approve the low base bid of Boyce Ballard Construction, LLC in the amount of $5,185,000.00 including Add Alternate No. 1 and $500,000.00 as a contingency for additional unsuitable soils or other unforeseen issues, for a total contract of $5,685,000.00, pending review and approval of said contract by the Legal Department. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-53 adopted by the City Council on October 12, 2017, to consider rezoning approximately 1.25 acres along Halls Hill Pike from Residential Multi-Family Sixteen (RM-16) District to Commercial Fringe (CF) District; Swanson  November 9, 2017 Page 4 Developments, LP, applicant [2017-431]. Notice of said public hearing was published in the October 23, 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 1.25 acres to Commercial Fringe (CF) District. An existing commercial area is located across Halls Hill Pike in the County as well as Commercial Local (CL) District to the east with a self-storage facility, car wash and small retail center developed by Swanson Development. The property to the east between the retail center and subject property is vacant and zoned Residential Multi-Family Sixteen (RM-16) District, and property to the north and west across Journey Drive is zoned Residential Multi-Family Sixteen (RM-16) District which is developed with a multi-family apartment complex. The applicant has requested this rezoning for development of a commercial use. The Murfreesboro Comprehensive 2035 Plan recommends that the property develop as multi-family which staff feels it reflects the current zoning for this property. There were certain instances where the existing zoning was used as the rationale for the future land use recommendation on the Future Land Use Map. Council will need to determine if this is an appropriate instance to deviate from that recommendation of the Murfreesboro Comprehensive 2035 Plan. Mr. Joe Swanson Jr., 1188 Park Avenue, justified why commercial zoning would be a better use for this property as it provides a buffer between traffic, the street, commercial, multi-family and single-family. They attempted to get the property owner to the east to join in with a similar rezoning request, but there was not any interest shown. Mr. Swanson addressed questions from Council regarding the RM- 16 lot to the east being vacant with several feet of CUD easement that cannot be developed. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 1.25 acres along Halls Hill Pike to Commercial Fringe (CF) District to come forward 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-53 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 1.25 acres along Halls Hill Pike from Residential Multi-Family Sixteen (RM-16) District to Commercial Fringe (CF) District; Swanson Developments, LP, applicant [2017-431],” was read to the Council and offered for passage  November 9, 2017 Page 5 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 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-54 adopted by the City Council on October 12, 2017, to consider rezoning approximately 29.8 acres along Stones River Mall Boulevard from Residential Multi-Family Twenty-Two (RM-22) District to Park (P) District; City of Murfreesboro Administration Department, applicant [2017-437]. Notice of said public hearing was published in the October 23, 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 an area along Stones River Mall Boulevard to Park (P) District. Subject property is a piece of the Old Fort Golf Course property that was zoned years ago as Single-Family Residential Twenty-Two (RS-22) District. The Zoning Ordinance has been amended to remove this zoning district, and there does not seem to be a need for the zoning classification as it presently exists as it is developed with the Old Fort Golf Course. After consulting with Administration, it was agreed that it would be appropriate to rezone the 29.8 acres to Park (P) District which is the current zoning of the golf course and consistent with the use of the property. 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 29.8 acres located along Stones River Mall Boulevard to Park (P) District to come forward to the podium. 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-54 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 29.8 acres along Stones River Mall Boulevard from Residential Multi-Family Twenty-Two (RM-22) District to Park (P) District; City of Murfreesboro Administration Department, applicant [2017-437]”, 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:  November 9, 2017 Page 6 Aye: Madelyn Scales Harris 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-55 adopted by the City Council on October 12, 2017, to consider rezoning approximately 1.17 acres along West Lytle Street from Commercial Highway (CH) District to Central Business Development (CBD) District; Chris Bilbro, applicant [2017-432]. Notice of said public hearing was published in the October 23, 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 an area along West Lytle Street to Central Business District (CBD). The northern half of subject property is bounded by North Church Street, North Maple Street and West Lytle Street. It has been currently zoned Highway Commercial (CH) District for years; however, the zoning classification does not fit the way it is developed presently. The applicant approached staff with the idea of possibly redeveloping the smaller parcels on Lytle Street; however, with Highway Commercial zoning, there was no way those parcels could be redeveloped because of setbacks and the buildings taking up the entire parcels. Additionally, the Highway Commercial zoning has parking and landscaping requirements whereas the Central Business District does not. Staff discussed rezoning the northern half of this block with Central Business District zoning because those three parcels are essentially rendered useless for redevelopment in their present zoning classification. Considering the proximity of this block to the new Judicial Center Parking Garage which offers free parking and directly across Maple Street from this block, staff thought it appropriate to get ahead of the Downtown Parking and Central Business District Expansion Study. The applicant has an interest in the three smaller parcels, and the Planning Commission studied the AT & T building, back half of the Pinnacle parking lot and the church located on the corner and agreed it would be appropriate to recommend to the City Council to rezone the entire northern half of this block to Central Business District. Mr. Chris Bilbro, applicant, was present. Mr. Blomeley addressed questions regarding the areas currently zoned Central Business District which include Pinnacle Bank, B. McNeel’s Restaurant and The Center for the Arts. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 1.17 acres  November 9, 2017 Page 7 located along West Lytle Street to Central Business District (CBD) District to come forward 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-55 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 1.17 acres along West Lytle Street from Commercial Highway (CH) District to Central Business Development (CBD) District; Chris Bilbro, applicant [2017-432],” 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 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-56 adopted by the City Council on October 12, 2017, to consider rezoning approximately 2.7 acres along Ragland Avenue from Single- Family Residential Ten (RS-10) District to Planned Residential Development (PRD) District (Walker Station PRD); Sourceland, LLC, applicant [2017-436]. Notice of said public hearing was published in the October 23, 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 an area located at the eastern terminus of Ragland Avenue, just north of East Main Street and west of City View Drive. Subject property is developed with one single-family residence. The applicants, Mr. Laws Bouldin and Taze Lundy of Sourceland, LLC, have made the request to rezone this property to Planned Residential Development (PRD) District for a development called Walker Station PRD which will be a horizontal property regime made up of 23 single-family detached cottage-style homes with a density of 8.58 dwelling units per acre. All homes would be a minimum of 1,200 square feet with two or three bedrooms and face toward the center of the property toward a common green space that would include a fire pit and a pavilion. The entrance to subject property is off Ragland Avenue which is accessed off East Main Street. The applicant has committed to improving Ragland Avenue, which is currently substandard, with offsite improvements to facilitate traffic to and from this development. The  November 9, 2017 Page 8 Murfreesboro 2035 Comprehensive Plan recommends that this property develop as “Public/Institutional”. Staff believes that the recommendation of this plan was made with the expectation that MTSU would purchase the property at some point because they own half of the parcels in this area; however, the applicant has submitted correspondence from MTSU indicating that it does not wish to purchase subject property which leaves room for interpretation of what the appropriate land use for the property should be. Mr. Rob Molchan, SEC, Inc., gave a presentation on details of the Walker Station PUD. He responded to questions regarding occupancy being MTSU staff or students which he anticipated to be geared more towards faculty. It was recommended that Mr. Molchan consider a security plan which would address lighting and other safety measures as part of the PRD. Mr. Blomeley responded to questions regarding improvements to Ragland Avenue. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning along Ragland Avenue to Planned Residential Development (PRD) District to come forward 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-56 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 2.7 acres along Ragland Avenue from Single- Family Residential Ten (RS-10) District to Planned Residential Development (PRD) District (Walker Station PRD); Sourceland, LLC, applicant [2017-436],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated November 1, 2017 here with regards to scheduling public hearings to consider Annexation, Plan of Services & Zoning for Manson Pike, Florence Road & Manson Pike/Florence Road.) The following RESOLUTION 17-R-PH-57 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  November 9, 2017 Page 9 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-57 here to schedule a public hearing for December 14, 2017 to consider (1) adoption of a Plan of Services for and annexation of 39.94 acres and (2) zoning of approximately 39.94 acres along Manson Pike to Planned Unit Development (PUD) District (Hardeman Grove PUD) which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2017-514 & 2017-440]; Kathleen Lowe, Constantine Evan Douvlis, and Crescent Homes, applicants.) The following RESOLUTION 17-R-PH-58 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-58 here to schedule a public hearing for December 14, 2017 to consider (1) adoption of a Plan of Services for and annexation of 36.04 acres and (2) zoning of approximately 34.25 acres as Planned Residential Development (PRD) District (Windwoods PRD), which have been proposed to be annexed to the City of Murfreesboro, Tennessee; zoning of approximately 1.79 acres as Single-Family Attached, Suburban Townhouse (RS-A Type 2) District, which have been proposed to annexed to the City of Murfreesboro, Tennessee; rezoning of approximately 1.3 acres from Single-Family Residential Ten (RS-10) District to Planned Residential Development (PRD) District; and rezoning of approximately 7.0 acres from Single-Family Residential Ten (RS-10) District to Single-Family Attached, Suburban Townhouse (RS-A Type 2) District, along Florence Road, which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2017-515 & 2017-438]; Fortress Builders, Inc., applicant.) The following RESOLUTION 17-R-PH-59 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-59 here to schedule a public hearing for December 14, 2017 to consider (1) adoption of a Plan of Services for and annexation of 18.2 acres and (2) zoning of approximately 18.2 acres along Manson Pike and Florence Road to Planned Residential Development (PRD) District (Blackman Village PRD) which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2017-512 & 2017-435]; John Floyd and Ole South Properties, applicants.) The following letter of recommendations from the Assistant City Manager was presented to the Council: (Insert letter dated October 31, 2017 here with regards to demolition of the former Room at the Inn located at 640 West Main Street.)  November 9, 2017 Page 10 Mr. Smotherman made a motion to accept the recommendation of the Assistant City Manager to approve demolition of the former Room at the Inn located at 640 West Main Street. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The City Recorder/Finance Director presented a Beer Application for Circle K 2803653 at 2320 Mercury Boulevard (new location). This Beer Permit would be issued upon all required building and codes inspections being completed. Vice-Mayor Scales Harris made a motion to approve a Beer Permit for Circle K 2803653 at 2320 Mercury Boulevard upon successful completion of all building and codes inspections. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Mayor McFarland indicated there were no board or commission appointments to be approved. A future appointment for the Tennis Committee would be considered at the next meeting. 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 General Fund: Rutherford County CVB $ 38,202.95 The City Recorder/Finance Director said this is for the Girls State Soccer Tournament and the Chamber of Commerce CVB gets a contracted percentage of the gate receipts. Mr. Smotherman wanted to see a breakdown of who provides the manpower to manage the gates and requested that payment be deferred. Under other business, Mayor McFarland presented an amendment to the minutes of September 28, 2017, Page 10, last paragraph correcting ORDINANCE 17-OZ-43 by replacing “passed on second reading” with “passed on first reading”. Mr. Shacklett made a motion to amend the minutes of September 28, 2017 as presented. Vice-Mayor Scales Harris seconded the motion and all members of the Council present voted “Aye”. The Assistant City Manager presented a recommendation from Human Resources to issue $25.00 Christmas gift checks for full time part-time employees in lieu of the traditional gift cards because the MUNIS payroll system cannot be configured to recognize a taxable, non-cash benefit, like the gift cards for employees who are not currently receiving a paycheck. If the Council agrees to make this change, a $50.00 Christmas gift check can be issued to full-time employees in lieu of the gift card as well.  November 9, 2017 Page 11 Vice-Mayor Scales Harris made a motion to accept the recommendation of the Human Resources Department to approve $25.00 Christmas gift checks for full time part- time employees and $50.00 Christmas gift checks for fulltime employees. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Community Development Grant Coordinator was presented to the Council: (Insert letter dated November 8, 2017 here with regards to use of funds through the Affordable Housing Assistance Program for 2961 S. Rutherford Boulevard - B2.) 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 2961 S. Rutherford Boulevard - B2. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The Assistant City Attorney encouraged all citizens to complete the forms for the Special Census by going online to complete or mail it to the City. Participation in this major census campaign will provide an additional $2.5-$3 Million of State Shared Funds to the City. The City Recorder/Finance Director recognized Georgia Meshotto on her 35th anniversary of employment with the City of Murfreesboro as of November 1, 2017. There being no further business, Mayor McFarland adjourned this meeting at 7:50 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER