City Council

February 22, 2018 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, February 22, 2018, 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: James Crumley, Interim 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 Marina Rush, Principal Planner Sam Huddleston, Assistant City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Bill Shacklett introduced Mr. Bill Ronsley, Chief Executive Officer of Greenhouse Ministries, who commenced the meeting with a prayer followed by the Pledge of Allegiance. Mr. Ronsley described his role at Greenhouse Ministries is to bring stability to the organization structure, reinforce the vision and build capacity to meet the growing needs of the community. Mayor McFarland recognized Ms. Melanie Foge, Area Coordinator for Greenheart Exchange which is a non-profit organization for placing exchange students. She recognized Yeva Khechoyan from Armenia who is a U.S. Government Scholarship student in the FLEX (Future Leaders Exchange) Program and attends Blackman High School. She is a creative writer/journalist and writes articles on her experiences in America this year for a blog at her school in Armenia. As part of the FLEX Program, she is required to do some enhancement activities to see government in action. Yeva had her host sister, Miyu Menda, with her who is an exchange student from Japan. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Community Development Grant Coordinator: Use of funds through the Affordable Housing Assistance Program for 2437 Snyder Court. 2) Letter of recommendations from the Parks & Recreation Director: A. Sports*Com Skylight Modifications Project Award. B. Purchase of Six (6) Pickup Trucks. 3) Letter of recommendations from the Chief of Police: A. Reclassify Sergeant’s position to Lieutenant’s position. B. Approve Inter-Local Cooperation and Mutual Aid Agreement.  February 22, 2018 Page 2 4) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018. 5) Letter of recommendations from the IT Director: Amendment to Tyler Technologies Contract for ERP Software Solution. 6) Letter of recommendations from the Senior Center Director: CIP Funds Transfer. (Insert letters from the Community Development Grant Coordinator, Parks & Recreation Director, Chief of Police, City Recorder/Finance Director, IT Director and Senior Center Director here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Wade 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 February 13, 2018 here with regards to second reading of ORDINANCE 17-OZ-46, zoning an area along Yeargan Road to PRD, simultaneous with annexation.) An ordinance, entitled “ORDINANCE 17-OZ-46 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 107.6 acres along Yeargan Road as Planned Residential Development (PRD) District simultaneous with annexation; TVLP Management, LLC, applicant [2017-419],” which passed first reading on October 12, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-46 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-02 adopted by the City Council on January 25, 2018, to consider amending Murfreesboro City Code, Appendix A-Zoning, pertaining to maximum gross density and open space requirements in the RS-A Type 2 and RS-A Type 3 zoning districts; Murfreesboro Planning Department, applicant [2017-811]. Notice of said public hearing was published in the February 6, 2018 issue of a local newspaper as follows: (Insert notice here.)  February 22, 2018 Page 3 Mr. Donald Anthony, Principal Planner, presented the unanimous recommendation of the Planning Commission to approve revisions to maximum gross density and open space requirements in the RS-A Type 2 and RS-A Type 3 zoning districts. The maximum gross density in the RS-A Type 2 (Single-Family Attached Townhouse, Suburban Type) and RS-A Type 3 (Single-Family Attached Townhouse, Urban Type) zoning districts listed in Chart 2 would be reduced from 21.5 dwelling units per acre to 12 dwelling units per acre. Secondly, an endnote would be added to Chart 2 clarifying that the minimum lot area and width requirements in the RS-A Type 2 and RS-A Type 3 zoning districts apply only to townhouses recorded on individual lots of record. Third, endnote 33 to Chart 2 would be amended to clarify that minimum open space requirements in the RS-A Type 2 zoning district apply to all developments, regardless of acreage. 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 Appendix A-Zoning amendments pertaining to maximum gross density and open space requirements in the RS-A Type 2 and RS-A Type 3 zoning districts come forward to the podium. There was no one present who wished to speak for or against the proposed amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-O-02 amending Murfreesboro City Code, Appendix A-Zoning, Chart 2 and Chart 2 Endnotes, Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios, pertaining to maximum gross density and open space requirements in the RS-A Type 2 and RS-A Type 3 zoning districts; Murfreesboro Planning Department, applicant [2017-811],” 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 18-R-PH-04 adopted by the City Council on January 25, 2018, to consider a proposed amendment to approximately 5.6 acres in the Planned Commercial Development (PCD) District located along West Northfield Boulevard and Sulphur Springs Road (Northfield Village PCD); Scott Drumm, applicant [2017-451]. Notice  February 22, 2018 Page 4 of said public hearing was published in the February 6, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the request to amend approximately 5.6 acres in the Northfield Village PCD located at the southwest corner of West Northfield Boulevard and Sulphur Springs Road. Planned Commercial Development (PCD) zoning was approved by the City Council in 2005 and amended in 2016 to allow a single-story self-service storage facility and a multi-tenant commercial structure on the property. The applicant now wishes to amend the PCD for a second time to allow two (2) multi-tenant commercial structures and a three-structure self-service storage facility. The primary storage structure would be three stories in height and would be internally accessed. The plan is different from that approved in 2016 which showed only single-story structures. Surrounding zoning includes RS-10 to the north; RS-15 to the west and south; and RM-16 to the east. The request appears to be consistent with the Murfreesboro 2035 Land Use Plan which designates the site as appropriate for neighborhood commercial. Four citizens spoke at the Planning Commission public hearing on January 10, 2018 who expressed concerns with the storage building height and the potential increase in traffic. The Planning Commission voted 5-1 with a favorable recommendation to Council. He pointed out that the Pattern Book sent to Council last week showed a 6’ fence between the subject property and the residential properties to the south; however, at the Planning Commission meeting, the applicant agreed to increase the height to 8’. Mr. Rob Molchan, SEC, Inc., gave a presentation on the proposed amendment to Northfield Village PCD and answered questions from Council referencing garage bands practicing in storage units as a non-allowable use and approval to extend sidewalk all the way to the intersection of Sulphur Springs Road and Kingwood Drive. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to approximately 5.6 acres in the Northfield Village PCD come forward to the podium. There was no one present who wished to speak for or against the proposed amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-04 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 5.6 acres in the Planned Commercial Development (PCD) District located along West Northfield Boulevard and Sulphur Springs Road (Northfield Village PCD) as indicated on the attached map; Scott  February 22, 2018 Page 5 Drumm, applicant [2017-451],” 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 18-R-PH-05 adopted by the City Council on January 25, 2018, to consider rezoning approximately 11.32 acres along Fortress Boulevard and Blaze Drive from Single-Family Residential Fifteen (RS-15) District to Planned Commercial Development (PCD) District (Fortress at Blaze PCD); Williams Farms LP, applicant [2017- 452]. Notice of said public hearing was published in the February 6, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the proposed development that would consist of three commercial structures identified as a daycare or office, bank or office and multi-tenant commercial structure all of which would line Fortress Boulevard. The development would also include a self-service storage facility located on the eastern portion of the property. He noted that there were not a lot of details on the storage facility in the Pattern Book; however, once the applicants get to that point, the Pattern Book would be revised. The proposed land uses are generally consistent with the Commercial Fringe District with the addition of the self-service storage facility. The applicant has committed to not allowing certain uses including auto sales and service, payday loan and cash advance services, and bars. Primary access to this development would be from Fortress Boulevard. At the Planning Commission public hearing, the applicant agreed to add a right-in, right-out onto Blaze Drive and the Pattern Book reflects that change. Adjacent zoning includes PRD on the north and east and RS-15 on the south and west. The Murfreesboro 2035 Land Use Plan shows this property as appropriate for “General Residential”. This rezoning request conflicts with that recommendation which was pointed out to the Planning Commission at the January 10, 2018 public hearing. The applicant’s representative, Mr. Rob Molchan, suggested that this corner, being located at a major intersection, would be more conducive to neighborhood commercial services than residential uses. After discussing the appropriateness of the proposed land uses, the Planning Commission voted unanimously to  February 22, 2018 Page 6 send this forward to Council with a favorable recommendation. Mr. Rob Molchan, SEC, Inc., gave a presentation on the proposed development and answered questions from the Council. Mayor McFarland requested that split-face block and tilt-up concrete be removed from the architectural portion of the Pattern Book. Mr. Wade felt a better use could be considered for this prime piece of property noting that there is already a storage unit down the street as well as three daycares within less than a mile. Mr. LaLance addressed the inventory of RS-15 lots and changes being made to move away from RS-15 zoning to build storage units because too many apartments have been built. An issue for Planning Staff is to consider that there is no certainty with this planned development and maybe it should be deferred. Mr. Matt Taylor, SEC, Inc., responded to the discussion and indicated they are looking for a commercial entitlement so they can market the property as commercial. Mr. Smotherman could support it because this corner is not conducive for residential use because of the traffic flow, and a storage building would not generate traffic, noise, and would have less impact on the community. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning along Fortress Boulevard and Blaze Drive to Planned Commercial Development (PCD) District (Fortress at Blaze PCD) 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 18-OZ-05 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 11.32 acres along Fortress Boulevard and Blaze Drive from Single-Family Residential Fifteen (RS-15) District to Planned Commercial Development (PCD) District (Fortress at Blaze PCD); Williams Farm LP, applicant [2017- 452],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, 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 18-R-PH-09 adopted by the City Council on January 25,  February 22, 2018 Page 7 2018, to consider amending the Murfreesboro City Code, appendix A-Zoning dealing with distilleries; Planning Staff, applicant [2017-810]. Notice of said public hearing was published in the February 6, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Marina Rush, Principal Planner, presented the proposed amendments to the Zoning Ordinance which establishes; 1) A definition for the land use “Alcoholic Beverage Manufacture” with the City of Murfreesboro; 2) Establishes this use within Chart 1 zoning district: Heavy Industrial (H-I) as permitted by right and sets specific standards for the use “Alcoholic Beverage Manufacture”; and 3) Establish parking standards for this use. Alcohol Beverage Manufacture is defined as brewing, distilling, rectifying, fermenting and operating a winery for the purpose of producing alcohol, spirits, liquor, wine and high alcohol content beer that is capable of being consumed by a human being, other than patent medicine or “beer” as defined by TCA Section 57-5-10(b). It also includes accessory activities which may include aging, storage, bottling, packaging, shipping, office functions, wholesale sales, retail sales, and tasting facilities. The Planning Commission conducted a public hearing on January 17, 2018 and voted unanimously to forward a favorable recommendation to Council. There was no opposition to these amendments at this meeting. Ms. Rush addressed questions from Council regarding distance of structures related to alcoholic beverage manufacturer and residential property. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Zoning Ordinance Amendments regarding Appendix A-Zoning dealing with distilleries come forward to the podium. Mr. Patrick Banker, 2926 Lightning Bug Drive, requested that these amendments not be passed as their neighborhood opposes the distillery being built in their backyards. Mr. Shawn Erdman, 2919 June Bug Drive, requested that there be an amendment to this ordinance to move that commercial entity (distillery) away from residential entities but still within the City Limits in an area intended for heavy commercial use. There were no others present who wished to speak for or against the proposed amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-O-09 amending Murfreesboro City Code, Appendix A-Zoning, Section 2: Interpretations and Definitions; Chart 1 and Chart 1 Endnotes: Uses Permitted by Zoning District; and Chart 4: Required Off-Street Parking and Queuing Spaces by Use, pertaining to alcoholic beverage manufacture; Murfreesboro Planning Department, applicant [2017-810],” was read to the Council and offered for  February 22, 2018 Page 8 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 The following RESOLUTION 18-R-05 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 18-R-05 here establishing payments in lieu of taxes for the Murfreesboro Electric Department for the Fiscal Year Ending June 30, 2018.) Mr. P.D. Mynatt, CEO of Murfreesboro Electric Department, presented a “mock” check in the amount of $3,147,659.66 for payment in lieu of taxes to the City of Murfreesboro. A payment will be made to Rutherford County in the amount of $913,836.67. Mayor McFarland commended Mr. Mynatt on his leadership this past year. Upon recommendation of Mayor McFarland, Vice-Mayor Scales Harris made a motion to appoint Ms. Susan Emery McGannon to fulfill the unexpired term of Ms. Kathy Boudreau- Henry on the Rutherford County Library System Board of Directors with term ending June 1, 2019. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director indicated there were no Beer Permits to consider. The City Recorder/Finance Director indicated there were no statements to consider. Under other business, Mr. Smotherman addressed the school tragedy in Florida this week and suggested that the City Schools Director and Chief of Police look at having an SRO (Student Resource Officer) officer in every school. Vice-Mayor Scales Harris also suggested metal detectors at the entrance doors of the school. Council felt that staff should continue forward with being proactive with security wherever there is a weakness. There was discussion regarding naming the new bridge over Broad Street. Completion of the bridge is scheduled for March 15, 2018. There being no further business, Mayor McFarland adjourned this meeting at 8:24 p.m.  February 22, 2018 Page 9 SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER