City Council

December 14, 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, December 14, 2017, with Vice-Mayor Madelyn Scales Harris present and presiding and with the following Council Members present and in attendance, to wit: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Mayor Shane McFarland 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 Adam Tucker, Assistant City Attorney Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Donald Anthony, Principal Planner Chris Griffith, City Engineer Sam Huddleston, Assistant City Engineer Darren Gore, Water Resources Director Jim Kerr, Jr., Transportation Director Pam Russell, Human Resources Director Nate Williams, Assistant Parks & Recreation Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Kirt Wade commenced the meeting with a prayer followed by the Pledge of Allegiance. Vice-Mayor Scales Harris recognized members of Leadership Rutherford. Vice-Mayor Scales Harris recognized Mr. Greg Tucker, Rutherford County Historian, and his wife. Mr. Tucker reflected on the following events of December 1946 which was the first post-war year when Christmas could be planned without the pressure of rationing, concerns with military draft and no more combat casualties:  City Council approves movies on Sunday from 2:30-6:30 p.m. and 9:00 p.m.  First Sunday movie at the Princess Theater: “The Stranger”.  First Sunday movie at Roxy Theater: “Westward Bound”.  Q.M. Smith acquires military surplus buildings to be used on campus at Middle Tennessee State College for two recreation centers and one infirmary.  The Federal Highway Administration announces route for new highway, now known as Broad Street, from Smyrna to Water Street in Murfreesboro. (Ransom Cotton Gin, Murfreesboro Electric Department Warehouse and Young & Ogles Lumber Yard were cleared for this new highway.)  The Grapette Bottling Company was the newest industry in town located on Vine Street which produced 60 cases per hour selling for 5 cents a bottle.  National group of agricultural experts promoted artificial breeding for the local dairy herds…local farmers suspicious of any Yankee proposal.  New coin counting and wrapping machine introduced to take the place of hand wrapping and counting coins from the unpopular parking meters.  Legislature approved “Home Rule” giving cities the right to decide on their corporate limits and amend their charters without going through State Legislature.  December 14, 2017 Page 2  First week of December marked with a coal strike. Railroad shut down. Question if Christmas lights could be kept on. Head of mine workers arrested for fraud on December 8, 1946 and strike fell apart.  New ordinance passed by City Council prohibiting dumping in Lytle Creeks with an imposed fine of $50.00. Interesting to note that, up until that time, the two creeks were part of the waste disposal system for the City.  Air Utilities had taken over the old airport, Sky Harbor, just before the war. They were a government contractor and had two contracts for repairing planes and cutting graphite. It was not known at the time that the graphite was supplying Oak Ridge for nuclear reactors. Those contracts ended and they switched their line of business to knitting machines to expand the apparel industry in Middle Tennessee.  Mr. Rollie Holden, Sr., a veteran, sold fireworks at the corner of College and Front Streets and then opened what is still the oldest business on the square, “Holden Hardware”.  City Council voted to give City employees a 7½% increase in salaries.  The French Shoppe, owned by Cecil Elrod, responded to a pinup demand and rationing women’s stockings by selling silk stockings for $3.00 pair.  A café on the square would serve a breakfast of ham and eggs for $.40 or lunch with meat plus 3 for $.45 and coffee with unlimited refills for $.05.  The grocery was selling 20# of Florida oranges for $1.00. Fruitcake sold for $1.00 pound. 5# made a good door stop.  1946 first year of the baby boom. Rutherford Hospital maternity wards and nurseries filled to capacity. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Community Development Director: A. Housing Rehabilitation for asbestos removal at 1603 Minerva Drive. B. Acquisition of Real Property Program: 212 South Kings Highway. 2) Letter of recommendations from the Community Development Grant Coordinator: Use of funds through Affordable Housing Assistance Program for 1011 Elliott Drive. 3) Letter of recommendations from the Parks & Recreation Director: A. Part-time Position Classification Adjustment. B. Refundable Cleaning Deposit Fee for Bradley Academy Museum & Cultural Center. 4) Letter of recommendations from the Assistant City Manager: Amendment to Energy Systems Group (ESG) Contract for Measurement and Verification (M & V) of Energy Savings. 5) Letter of recommendations from the Human Resources Director: Amendment to the Humana Wellness Services Agreement and Statement of Work effective January 1, 2018. 6) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of City Manager’s approved Budget Amendments for Fiscal Year 2018. 7) Letter of recommendations from the Chief of Police: A. Purchase of Tritech Software Systems License for InformCAD Browser & CAD to CAD Interface for Computer Aided Dispatch System. B. Purchase of Computer Displays & Thin Client Devices for new Police Headquarters. C. Purchase of Tritech Software Systems InformMe (Tritech Field Ops) Mobile Application for First Responders. D. Authorization by City of Murfreesboro to allow the Rutherford County Emergency Communications District (ECD) to connect the Murfreesboro 911 Auxiliary Public Safety Answering Point (PSAP) to the communications tower constructed at the intersection of Fortress Boulevard and Blaze Drive. 8) Letter of recommendations from the Water Resources Board: A. Contingency Allowance Allocations for Sinking Creek WWTP Phase 4D. B. Consolidated Utility District (CUD): Addition to Amendment No. 5, Boundary Revision for Future Subdivision. C. Proposal for Engineering Services: Jones Boulevard widening from Ridgley Road to Northfield Boulevard.  December 14, 2017 Page 3 8) Letter of recommendations from the Water Resources Board (Continued): D. Walter Hill Dam Rehabilitation for Engineering Work Order 16-41-029.0, Stones River Water Treatment Plant. E. Purchase of Fournier Press Housings. F. Sanitary Sewer Rehabilitation 2016-17: Proposed Work Change Directive No. 1. G. Sludge Lagoon Repairs at Stones River Water Treatment Plant. H. MWRD Biosolids Master Plan (BMP), SSR Task Order 14-41-018.3. I. Amendment No. 2 for Engineering Work Order 16-41-016.0: Miscellaneous Improvements to the SRWTP. J. Asphalt Purchases Report. 9) Requests to hang a banner across East Main Street: A. October 5-15, 2018 (Event: “Bradley Museum’s l00th Anniversary”). B. December 21-31, 2018 (Event: “New Year’s Day 5K”). C. September 10-20, 2018 (Event: Read to Succeed “Reading in Schools Day”). D. September 25-October 5, 2018 (Event: “Celebrity Spelling Bee”). (Insert letters from the Community Development Director, Community Development Grant Coordinator, Parks & Recreation Director, Assistant City Manager, Human Resources Director, City Recorder/Finance Director, Chief of Police and Water Resources Board here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Shacklett 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 October 12, 2017 and special meetings held on October 26, 2017 (Franklin Synergy Proposals) and November 2, 2017 (Public Comment). Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated December 14, 2017 here with regards to ORDINANCE 17-O-60.) Ms. Melissa Wright, City Recorder/Finance Director, recognized Assistant City Attorney, Adam Tucker, for his diligent research to bring the City Code up to where it is consistent with State Law. She gave an overview of the revisions. Mr. Tucker, Ms. Wright and Mr. David Ives, Assistant City Attorney, answered questions from the Council. An ordinance, entitled “ORDINANCE 17-O-60 amending the Murfreesboro City Code, Chapter 4, Alcoholic Beverages, including liquor, wine, and beer,” 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None  December 14, 2017 Page 4 The Planning Director updated the Council on the progress of the Census. He urged everyone to complete the cards and mail back to the City. Vice-Mayor Scales Harris announced that the next item on the agenda is to consider for approval a Certificate of Compliance for a new Wine Sale in Retail Stores for Mr. Mike Murray at Fred’s Store #2315, 1664 Middle Tennessee Boulevard. The City Recorder/Finance Director said this Certificate of Compliance is in order, and the applicant has met the City’s requirements. Mr. LaLance made a motion to approve a Certificate of Compliance for Mr. Mike Murray at Fred’s Store #2315, 1664 Middle Tennessee Boulevard. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”. Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-57 adopted by the City Council on November 9, 2017, to consider (1) adoption of a Plan of Services for and annexation of approximately 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; Kathleen Lowe, Constantine Evan Douvils and Crescent Homes, applicants [2017-514 & 2017-440]. Notice of said public hearing was published in the November 27, 2017 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the unanimous recommendation of the Planning Commission to approve the Plan of Services and annexation of subject property which includes 3 separate parcels and excess right-of-way of Manson Court and is located along I-840 and north of Manson Pike. Most of the services will be available upon annexation; however, sewer is not available. It will be the responsibility of the developer to extend it from the north to subject property. The Assistant Fire Marshal has concerns with the ability to provide fire service to the existing single-family house on this site, and staff is proposing that, if this passes on first reading tonight, the 2nd reading will be held until the property transfers from ownership of Kathleen Lowe, Pamela Flynn and Constantine Douvlis to the developer whose applicant is requesting the zoning change. The house will be removed once the transfer is made and, if they decide not to move in that direction, Option B would be to widen the drive to get to the limbs of the trees that might be a hazard to the trucks and make sure the trucks can access the property to the satisfaction of the Fire Marshall. A template strip, which is contiguous with the Shelton Springs property to the north, was left on the north side of the property during the  December 14, 2017 Page 5 annexation study; however, it is very small and cannot be detected on the map. There were no questions from the Council. Vice-Mayor Scales Harris 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 39.94 acres located along Manson Pike come forward 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, Vice-Mayor Scales Harris declared the public hearing closed. The following RESOLUTION 17-R-PS-57 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 vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PS-57 here to adopt a Plan of Services for approximately 39.94 acres along Manson Pike [2017-514]; Kathleen Lowe and Constantine Evan Douvlis, applicants.) The following RESOLUTION 17-R-A-57 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-A-57 here to annex approximately 39.94 acres along Manson Pike, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee; [2017-514]; Kathleen Lowe and Constantine Evan Douvlis, applicants.) Vice-Mayor Scales Harris announced that the next item on the agenda is to consider zoning approximately 39.94 acres along Manson Pike to Planned Unit Development (PUD) District (Hardeman Grove PUD), simultaneous with annexation. Ms. Margaret Ann Green, Principal Planner, presented the unanimous recommendation of the Planning Commission to zone subject property to Planned Unit Development (PUD) District (Hardeman Grove PUD), simultaneous with annexation. The PUD consists mostly of residential with two commercial lots near the entrance. For the  December 14, 2017 Page 6 applicants plan to work, they are requesting that the City abandon some right-of-way for the commercial portion of the property. Staff will study this matter and present to Planning Commission for consideration and then a recommendation to Council for approval. It appears that the plan does rely on the right-of-way for the commercial property; however, the developer is prepared to eliminate the commercial portion of the planned development if he cannot acquire the right-of-way. Mr. Rob Molchan, SEC, Inc., gave a presentation on the details of the applicant’s proposed development, Hardeman Grove. It was noted that the plan is deviating from the “Business Park” element in Murfreesboro 2035 Comprehensive Plan and moving toward a residential/commercial component which makes for a better land use and more conducive to development that is occurring now and in the future with Shelton Square to the north and the Park property to the west. This development will consist mostly of single-family detached with approximately 2.4 acres of commercial along Manson Pike. Mr. Molchan answered questions from the Council. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 39.94 acres along Manson Pike as Planned Unit Development (PUD) District (Hardeman Grove PUD), simultaneous with annexation, step 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, Vice-Mayor Scales Harris declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-OZ-57 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 39.94 acres along Manson Pike as Planned Unit Development (PUD) District (Hardeman Grove PUD), simultaneous with annexation; Crescent Homes, applicant [2017-440],” 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: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-58 adopted by the City Council on November 9, 2017, to consider (1) adoption of a Plan of Services for and annexation of approximately 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  December 14, 2017 Page 7 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 be 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; Fortress Builders, Inc., applicant [2017-515 & 2017-438]. Notice of said public hearing was published in the November 27, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the unanimous recommendation of the Planning Commission to approve a Plan of Services for and annexation of approximately 37.15 acres along the west side of Florence Road which is approximately one-half mile south of the intersection of Florence Road and Old Nashville Highway. The annexation will be for the entire parcel of just under 1 acre and a 35-acre portion of a larger 44-acre parcel. The remainder of the larger parcel was annexed into the City in 2006. The property is contiguous with the City Limits on the north, south and east. A 10-foot strip along the eastern and northern boundaries of the annexation area would remain un-annexed to prevent a residential property on the southeast side of the annexation area from being completely enclosed by the City. The Legal Department has indicated that 10’ strips may not be necessary in the future. The Plan of Services indicates that all necessary services can be provided to this property. There were no questions or comments from the Council. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services for and annexation of approximately 36.04 acres located along Florence Road come forward 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, Vice-Mayor Scales Harris declared the public hearing closed. The following RESOLUTION 17-R-PS-58 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris  December 14, 2017 Page 8 Nay: None (Insert RESOLUTION 17-R-PS-58 here to adopt a Plan of Services for approximately 36.04 acres along Florence Road [2017-515]; Fortress Builders, Inc., applicant.) The following RESOLUTION 17-R-A-58 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-A-58 here to annex approximately 36.04 acres along Florence Road, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2017-515]; Fortress Builders, Inc., applicant.) Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing to consider zoning of approximately 34.25 acres as Planned Residential Development (PRD) District (Windwoods PRD), simultaneous with annexation; to zone approximately 1.79 acres as Single-Family Attached, Suburban Townhouse (RS-A Type 2) District, simultaneous with annexation; to rezone approximately 1.3 acres from Single- Family Residential Ten (RS-10) District to Planned Residential Development (PRD) District; and to rezone 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; Fortress Builders, Inc., applicant [2017-438]. Mr. Donald Anthony, Principal Planner, presented the unanimous recommendation of the Planning Commission to approve zoning of approximately 44.34 acres located along the west side of Florence Road to Planned Residential Development (PRD) District (35.55 acres) and RS-A Type 2 (8.79 acres), simultaneous with annexation, for the development of the Windwoods PRD which would consist of a 107-unit single-family residential subdivision. The area consisting of approximately 8.8 acres is requested for rezoning to RS-A Type 2 which is the new Suburban Townhouse Zoning District recently added to the Zoning Ordinance. The .85-acre parcel was part of the annexation request, but there was not a rezoning request for it; therefore, it would default to Single-Family Residential Fifteen (RS-15) District upon annexation. The Murfreesboro 2035 Comprehensive Plan indicates that “Auto Urban” (General) Residential with a density of 3.54 to 8.64 units per acre is appropriate for this area. Based on staff’s calculations for both the single-family development and the townhouse zoning, the absolute maximum density that can be achieved with this rezoning is 6.68 units per acre which falls within the Murfreesboro 2035 Comprehensive Plan’s  December 14, 2017 Page 9 prescribed density range. Mr. Rob Molchan, SEC, Inc., gave a presentation on the Planned Residential Development for Windwood PRD and answered questions from the Council. Mr. Sam Huddleston, Assistant City Engineer, addressed questions regarding the Major Thoroughfare Plan and alignment for a five-lane roadway and connectivity to this development. Mr. Matt Taylor, SEC, Inc., confirmed that this is the only location for the five- lane road on this site. There might have been a different scenario if the property owner on the southeast corner would have agreed to be annexed. The five-lane cannot be shifted up or down or it will not come to fruition as intended by the Major Thoroughfare Plan. The City Attorney confirmed that there would be underground utilities. Mr. LaLance did not have a comfort level and the assurance needed to have ingress and egress for the density proposed with the RS-A Type 2 zoning. He was okay with the single-family portion of the development. Mr. Shacklett was not comfortable with the new zoning but also felt the single-family portion of the development should move forward. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning along Florence Road to Planned Residential Development (PRD) District and Single-Family Attached, Suburban Townhouse (RS-A Type 2) District, simultaneous with annexation, and rezone an area along Florence Road to Planned Residential Development (PRD) District and Single-Family Attached, Suburban Townhouse (RS-A Type 2) come forward to the podium. There was no one present who wished to speak for or against the proposed zonings and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-OZ-58 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 34.25 acres as Planned Residential Development (PRD) District (Windwoods PRD), simultaneous with annexation; to zone approximately 1.79 acres as Single-Family Attached, Suburban Townhouse (RS-A Type 2) District, simultaneous with annexation; to rezone approximately 1.3 acres from Single-Family Residential Ten (RS- 10) District to Planned Residential Development (PRD) District; and to rezone 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 [2017-438]; Fortress Builders, applicant,” 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 so passed on first reading by the following vote: Aye: Eddie Smotherman Kirt Wade Madelyn Scales Harris  December 14, 2017 Page 10 Nay: Rick LaLance Bill Shacklett Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-59 adopted by the City Council on November 9, 2017, to consider (1) adoption of a Plan of Services for and annexation of approximately 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; John Floyd and Ole South Properties, applicants [2017-512 & 2017-435]. Notice of said public hearing was published in the November 27, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the unanimous recommendation of the Planning Commission to approve the Plan of Services for and annexation of three parcels located along the north side of Manson Pike and the west side of Florence Road. The total 18.2 acres is contiguous with the existing City boundary on the southwest and is located within the City’s Urban Growth Boundary. The Plan of Services indicates that all necessary services can be provided. It was noted that the Murfreesboro Water Resources Department will require the installation of a sewer pump station and force main to serve the property due to the Oakton Station being at capacity. There were no questions or comments from the Council. Vice-Mayor Scales Harris 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 18.2 acres along Manson Pike and Florence Road come forward 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, Vice-Mayor Scales Harris declared the public hearing closed. The following RESOLUTION 17-R-PS-59 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None  December 14, 2017 Page 11 (Insert RESOLUTION 17-R-PS-59 here to adopt a Plan of Services for approximately 18.2 acres along Manson Pike and Florence Road [2017-512]; John Floyd, applicant.) The following RESOLUTION 17-R-A-59 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-A-59 here to annex approximately 18.2 acres along Manson Pike and Florence Road, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2017-512]; John Floyd, applicant.) Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing to consider zoning of approximately 18.2 acres along Manson Pike and Florence Road as Planned Residential Development (PRD) District (Blackman Village PRD), simultaneous with annexation; Ole South Properties, applicant [2017-435]. Mr. Donald Anthony, Principal Planner, presented the unanimous recommendation of the Planning Commission to approve zoning of approximately 18.2 acres along Manson Pike and Florence Road to Planned Residential Development (PRD) District, simultaneous with annexation. The proposed PRD would include 79 detached residential units for a density of 4.35 dwelling units per acre. This development would be recorded as a horizontal property regime on one lot of record which means the exterior spaces would be shared and a Homeowners Association would be responsible for upkeep and maintenance. The applicant has committed to using cementitious siding as the primary exterior material and each house would have a minimum floor area of 1300 square feet. The Murfreesboro 2035 Comprehensive Plan shows a 1.6-mile business park corridor along the north side of Manson Pike. The property is situated at the halfway mark of that corridor. At the public hearing, staff noted that long-range plans for this corridor are in a state of transition particularly since the acquisition of the West Park property. The Planning Commission did not see the “Business Park” designation as an impediment to the development. Mr. Robert Molchan, SEC, Inc., gave a presentation on the details of the proposed “Blackman Village” development and answered questions from the Council. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 18.2 acres along Manson Pike and Florence Road as Planned Residential Development (PRD) District (Blackman Village PRD), simultaneous with annexation, come forward to the  December 14, 2017 Page 12 podium. There was no one present who wished to speak for or against the proposed zoning and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-OZ-59 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 18.2 acres along Manson Pike and Florence Road as Planned Residential Development (PRD) District (Blackman Village PRD), simultaneous with annexation; Ole South Properties, applicant [2017-435],” 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated December 7, 2017 here with regards to Mandatory Referral in the Southpointe Business Campus Subdivision for abandonment of a “road usage easement” located west of South Church Street.) Mr. LaLance made a motion to accept the recommendation of the Planning Commission to abandon a “road usage easement” in the Southpointe Business Campus Subdivision located west of South Church Street. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated December 7, 2017 here with regards to scheduling public hearings for Annexation/Zoning (CF) along Franklin Road; Amend “Parcel F” in Victory Station PUD along Fortress Blvd; Zoning (CF) along Manson Pike/Brinkley Rd; and Zoning (CH) along Burnt Knob Rd/Veterans Pkwy.) The following RESOLUTION 17-R-PH-61 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-61 here to schedule a public hearing for January 25, 2018 to consider (1) adoption of a Plan of Services for and annexation of 1.7 acres and (2)  December 14, 2017 Page 13 zoning of approximately 0.67 acres along Franklin Road to Commercial Fringe (CF) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2017-518 and 2017-441]: Veterans Commons, GP and Gautam and Jack Patel, applicants.) The following RESOLUTION 17-R-PH-62 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-62 here to schedule a public hearing for January 25, 2018 to consider a proposed amendment to approximately 12.1 acres in the Planned Unit Development (PUD) District located along Fortress Boulevard (“Parcel F“ of Victory Station PUD) [2017-444]; Swanson Development, LP, applicant.) The following RESOLUTION 17-R-PH-63 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-63 here to schedule a public hearing for January 25, 2018 to consider a proposed amendment to rezone approximately 8.46 acres along Manson Pike and Brinkley Road from Local Commercial (CL) District to Commercial Fringe (CF) District [2017-442]; Chirag Patel, applicant.) The following RESOLUTION 17-R-PH-64 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-PH-64 here to schedule a public hearing for January 25, 2018 to consider a proposed amendment to rezone approximately 4.8 acres along Burnt Knob Road and Veterans Parkway from Single-Family Residential Fifteen (RS-15) District to Highway Commercial (CH) District [2017-446]; Prashant Patel, applicant.) The following letter of recommendations from the Principal Planner was presented to the Council: (Insert letter dated December 7, 2017 here with regards to Murfreesboro Design Guidelines [2015-S-102].)  December 14, 2017 Page 14 Ms. Margaret Ann Green, Principal Planner, noted that the City Council and Planning Commission had concerns with the Sidewalk Policy in the draft of the Design Guidelines at a special work session. It has been removed and will be brought back as a separate matter in the future. The Planning Commission held a public hearing on November 29, 2017 and unanimously moved for its adoption. Mr. Randy Caldwell, Ragan Smith was present. There were no questions or comments from the Council. The following RESOLUTION 17-R-31 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-31 here in acknowledgement and support of the City of Murfreesboro Design Guidelines.) The following letter of recommendations from the Parks & Recreation Director was presented to the Council: (Insert letter dated December 14, 2017 here with regards to reassigning a vacant fulltime position at Patterson Park.) The Assistant Parks & Recreation Director presented this recommendation. This adjustment would be funded in the current budget from a savings over the course of the year with vacancies. Mr. Shacklett made a motion to accept the recommendation of the Parks & Recreation Director to reassign the vacant Administrative Support Specialist I position to Assistant Recreation Facility Coordinator at Patterson Park Community Center. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Human Resources Director was presented to the Council: (Insert letter dated December 14, 2017 here with regards to Stop Loss Insurance Contract.) Mr. LaLance made a motion to accept the recommendation of the Human Resources Director to approve renewal of a Contract with BlueRe of Tennessee for Stop Loss Insurance and authorize the City Manager to approve the contract effective January 1, 2018. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Ms. Pam Russell was congratulated on her recent promotion to Human Resources Director.  December 14, 2017 Page 15 The following letter of recommendations from the City Engineer was presented to the Council: (Insert letter dated December 14, 2017 here with regards to Change Order for Middle Tennessee Blvd Improvements (Main St to Greenland Dr) and reclassification of Design Services for Lytle St Phase 2 (Barker St to Church St.) Mr. LaLance made a motion to accept the recommendation of the City Engineer and approve Change Order No. 1 in the amount of $25,499.94 for a revised construction contract amount of $15,811,859.54 and approve an additional 45 days. Mr. Smotherman seconded the motion and all members of the Council present voted “Aye”. Mr. Smotherman made a motion to accept the recommendation of the City Engineer and approve reclassification of design services by Wiser Consultants for an additional amount of $22,334.00 for improvements to Lytle Street from Barker Street to Church Street. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Transportation Director was presented to the Council: (Insert letter dated December 14, 2017 here regarding Project Charter & Resolution of Support I-24 SMART Corridor Project; approve letter from Mayor and City Council to TDOT for Development of City’s ADA Transition Plan; and Amendment to Contract with S&W Electrical Contractors, Inc.) Mr. Smotherman made a motion to accept the recommendation of the Transportation Director and approve authorization to execute the Project Charter. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following RESOLUTION 17-R-30 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-30 here in support of the I-24 Smart Corridor Project Concept and Funding Plan.) The following RESOLUTION 17-R-32 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: Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Madelyn Scales Harris  December 14, 2017 Page 16 Nay: None (Insert RESOLUTION 17-R-32 here approving and authorizing transmittal of a letter to the Tennessee Department of Transportation describing the City’s efforts toward the development of an ADA Transition Plan for City rights-of-way and other transportation facilities.) Mr. Smotherman made a motion to accept the recommendation of the Transportation Director to approve Amendment No. 4 to the Annual Traffic Signal Maintenance Contract with S&W Electrical Contractors for a cumulative amount of $261,800.00, funded from FY 2018 General Fund and State Street Aid Fund. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the Water Resources Director was presented to the Council: (Insert letter dated December 6, 2017 here with regards to sewer service to Veterans Parkway & SR 840; Shelton Square participation & proposed Special Sanitary Sewer Assessment District (SSSAD) for recoupment; and Murfreesboro West Park proposed Special Sanitary Sewer Assessment District (SSSAD) for recoupment.) Mr. Smotherman made a motion to accept the recommendation of the Water Resources Director to approve participation in the upsizing of the sewer pump station and force main in the Shelton Square Subdivision in the amount of $249,590.00 and establish a Special Sanitary Sewer Assessment District (SSSAD) to recoup this participating amount at $600.00 per single family unit (sfu). Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. Mr. Smotherman made a motion to accept the recommendation of the Water Resources Director to approve the Murfreesboro Water Resources Department to front-end fund all the sewer improvements for an approximate cost of $1.68 Million to serve 277.5 acres with the City paying initially its pro rata share for the West End Park followed by establishing a special sanitary sewer assessment district to recoup the difference; being an assessment of approximately $7,300.00 per acre. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. The following letter of recommendations from the City Recorder/Finance Director was presented to the Council: (Insert letter dated December 12, 2017 here with regards to a commercial credit card account with SunTrust Bank.) The following RESOLUTION 17-R-33 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: Rick LaLance Bill Shacklett  December 14, 2017 Page 17 Eddie Smotherman Kirt Wade Madelyn Scales Harris Nay: None (Insert RESOLUTION 17-R-33 here designating certain officials to execute the necessary agreements to enter into a commercial credit card account with SunTrust Bank here.) Upon recommendation of Mayor McFarland, Mr. LaLance made a motion to appoint Mr. Bill Jakes to fulfill the term of Mr. Paul Cross on the Historic Zoning Commission (Term Ending 6/30/2020); appoint Ms. Cindy Nix to fill the vacancy left by Mr. George Hansen on the Urban Environmental Commission (Term Ending 6/30/2020); and appoint Mr. Jimmy Tyson (Term Ending 06/01/2020), Mr. Rollie Holden (Term Ending 06/01/2019), Mr. Tim Bowling (Term Ending 06/01/2018); and Council Member Madelyn Scales Harris (Term Ending with Council Seat Expiration) to the newly created Rutherford County Library System Board of Directors. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. The City Recorder presented a Catering Beer Permit Application for Main Street Music, 527 W. Main Street (Existing Permit Holder-New Catering). All requirements had been met for this application. Beer Permit Applications were presented for Party Fowl Murfreesboro, 127 SE Broad Street (ownership/name change) and Blue Cactus, 2805 Old Fort Parkway, Suite N (ownership/name change). These applications are pending approval of all building and codes inspections. Mr. Shacklett made a motion to approve a Catering Beer Permit for Main Street Music and approve Beer Permits for Party Fowl Murfreesboro and Blue Cactus upon successful completion of all building and codes inspections. Mr. Wade seconded the motion and all members of the Council present voted “Aye”. Vice-Mayor Scales Harris said appointments would be considered for the Tennis Committee and Gateway Commission at a future 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 Mr. Smotherman made a motion to approve payment of the statement as recommended by the City Manager and City Recorder/Finance Director. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”. There was no other business to consider.  December 14, 2017 Page 18 Vice-Mayor Scales Harris wished everyone a safe and happy time with family and friends. She closed with a prayer and adjourned this meeting at 9:12 p.m. MADELYN SCALES HARRIS – VICE-MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER