City Council

March 8, 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, March 8, 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 David Ives, Assistant City Attorney Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Ronald Anthony, Principal Planner Ron Dennis, Facilities Superintendent 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. Ms. Meaghan Flippin, CEO for United Way of Rutherford and Cannon Counties, gave a presentation on the 211 Program which is a service provided to residents of Rutherford and Cannon Counties for non-life-threatening emergencies. This service can help people find resources 24/7 for food, clothing, shelter, children with learning disabilities, mental health care and other needs. It was noted that, in the fourth quarter of 2017, the highest need category was housing and utility assistance. Mayor McFarland extended birthday wishes to his wife. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Parks & Recreation Director: Donation of 14 Bicycles to Greenhouse Ministries. 2) Letter of recommendations from the Community Development Director: A. Emergency Repair: 213 South Hancock Street. B. 2018-19 Emergency Solutions Grant. C. Acquisition of Real Property: 1220 Wenlon Drive (Rental). D. Housing Rehab: 330 East College Street. 3) Letter of recommendations from the Fire & Rescue Chief: Apply for Fire Prevention and Safety Grant for Inflatable Fire Education House and “Sparky the Fire Dog”. 4) Letter of recommendations from the City Recorder/Finance Director: A. Annual Audit Contract. B. Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018. 5) Letter of recommendations from the Urban Environmental Assistant Director: Purchase of new Caterpillar 259D Compact Track Loader & Bucket.  March 8, 2018 Page 2 6) Letter of recommendations from the Transportation Director: A. Contract with TDOT Project No. 755307-S3-024 State Match for FTA Project No. TN-2017-052 Transit Facility. B. Contract with TDOT Project No. 755307-S3-023 State Match for FTA Project No. TN-2016-031-01 Preventive Maintenance. C. Amendment No. 1 to Agreement No. 170095-Mercury Boulevard Transportation Alternative Program (TAP) Project with TDOT. 7) Letter of recommendations from the Water Resources Board: A. FY 2017-2018 O&M Vehicle Replacement. B. Request to Purchase Dell Support. C. Bid for 2018 Lagoon Water Treatment Residuals Removal. D. Sanitary Sewer Rehabilitation 2016-2017: Change Order No. 2. E. O&M Insert Valve Installation Equipment. F. Mechanical/Electrical Services Contract for River Raw Water Pump Replacements & Membrane Feed Pump Refurbishment at the Stones River Plant. G. Bids for Miscellaneous Improvements at the Stones River Water Treatment Plant. H. Asphalt Purchases Report. 8) Request to hang a banner across East Main Street: A. St. Clair Street Senior Center: September 20-25, 2018 (Event: Health & Wellness Expo). B. Providence Christian Academy: October 5-15, 2018 (Event: Fall Festival). C. Noon Exchange Club of Murfreesboro: May 18-28, 2018 (Event: Healing Field- Flags of Remembrance. (Insert letters from the Parks & Recreation Director, Community Development Director, Fire & Rescue Chief, City Recorder/Finance Director, Urban Environmental Assistant Director, Transportation Director 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. Smotherman made a motion to approve the minutes as written and presented for the regular meeting held on February 15, 2018; special meeting held on February 22, 2018; and regular meeting held on February 22, 2018. Mr. Wade seconded the motion and all members of the Council voted “Aye”. 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],” which passed first reading on February 22, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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  March 8, 2018 Page 3 Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-O-02 here.) The following letter from the Principal Planner was presented to the Council: (Insert letter dated March 2, 2018 here with regards to second readings on ORDINANCE 18-OZ-04 (Northfield Blvd & Sulphur Springs Rd) and ORDINANCE 18-OZ-05 (Fortress Blvd & Blaze Dr.) Mr. Donald Anthony presented the revised Pattern Book for West Northfield Boulevard and Sulphur Springs Road which includes a sidewalk to be constructed and extended southward along subject property to West Kingwood Drive with the proposed development. The revised Pattern Book for Fortress Boulevard and Blaze Drive removes the split-face block and tilt-up concrete panels as building materials. 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 Drumm, applicant [2017-451],” which passed first reading on February 22, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Smotherman, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-04 here.) 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],” which passed first reading on February 22, 2018, 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:  March 8, 2018 Page 4 Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-05 here.) 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],” which passed first reading on February 22, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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 18-OZ-09 here.) 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,” which passed first reading on December 14, 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:  March 8, 2018 Page 5 Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-58 here.) An ordinance, entitled “ORDINANCE 17-OZ-61 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 0.67 acres along Franklin Road as Commercial Fringe (CF) District, simultaneous with annexation; Gautam and Jack Patel, applicants [2017-441],” which passed first reading on January 25, 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 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Abstain: Rick LaLance Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-OZ-61 here.) Mayor McFarland presented for approval a renewal of Certificate of Compliance for Retail Liquor Store for Gautam P. Patel and Prajesh N. Patel at CNG Wine & Spirits, 2750 South Rutherford Boulevard. The City Recorder/Finance Director indicated this is a two-year requirement of the State, and the applicant has met the City’s requirements. Mr. Wade made a motion to approve a Certificate of Compliance for Gautam P. Patel and Prajesh N. Patel at CNG Wine & Spirits. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland presented for approval a renewal of Certificate of Compliance for Retail Liquor Store for Ankit Patel at Victory Village Liquor & Wine, 4157 Franklin Road. The City Recorder/Finance Director indicated this is a two-year requirement of the State, and the applicant has met the City’s requirements.  March 8, 2018 Page 6 Mr. LaLance made a motion to approve a Certificate of Compliance for Ankit Patel Victory Village Liquor & Wine. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-03 adopted by the City Council on January 25, 2018, to consider (1) adoption of a Plan of Services for and annexation of 3.28 acres and (2) zoning of approximately 3.28 acres along South Church Street and Volunteer Road to Commercial Fringe (CF) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Murfreesboro Medical Center Properties, applicant [2017-521 and 2017-450]. Notice of said public hearing was published in the February 20, 2018 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 annex approximately 3.27 acres located at the corner of Shelbyville Pike/South Church Street (HWY 231) and Volunteer Road. The annexation includes 210 linear feet of Shelbyville Pike right-of-way and 360 linear feet of Volunteer Road right-of-way. The property is vacant, undeveloped land and located within the City’s Urban Growth Boundary. It is contiguous with the existing City Limits on its northeast side. The Plan of Services indicates most City services can be provided within a reasonable amount of time. The owner, Murfreesboro Medical Center Properties, intends to develop a two-story medical office building to work as a satellite service in Murfreesboro. A neighborhood meeting was held on the matter of annexation and zoning change which is the subject of the next public hearing. Mr. Joey Peay, CEO of Murfreesboro Medical Clinic, and Mr. Enoch E. Jarrell, Jr., PE, Huddleston-Steele Engineering, Inc., were present to represent the applicant. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation of approximately 3.28 acres along South Church Street and Volunteer Road come forward to the podium. Mr. Enoch Jarrell, Huddleston Steele Engineering, Inc., commented on the outcome of the neighborhood meeting and concerns from the residents if they were part of this annexation. They did not make a request to be annexed and therefore were not included. There were no others present who wished to speak for or against the proposed annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed.  March 8, 2018 Page 7 The following RESOLUTION 18-R-PS-03 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PS-03 here to adopt a Plan of Services for approximately 3.28 acres along South Church Street and Volunteer Road [2017-521]; Murfreesboro Medical Center Properties, applicant.) The following RESOLUTION 18-R-A-03 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-03 here to annex approximately 3.28 acres along South Church Street and Volunteer Road, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2017-521]; Murfreesboro Medical Center Properties, applicant.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning of approximately 3.28 acres along South Church Street and Volunteer Road as Commercial Fringe (CF) District, simultaneous with annexation; Murfreesboro Medical Center Properties, applicant [2017-450]. Ms. Margaret Ann Green, Principal Planner, presented the unanimous recommendation of the Planning Commission to change the zoning for subject property just considered for annexation from residential purposes in the County to Commercial Fringe (CF) District. This parcel is directly across from property currently zoned Highway Commercial (CH) District and Planned Commercial Development (PCD) District which is the Wal-Mart Super Center located on the corner of Joe B. Jackson Parkway and South Church Street. Properties to the north are also zoned CH. An area in the unincorporated County between subject property and property to the north is developed with a single-family house. It was noted that there is a significant colonial pipeline gas easement and infrastructure that runs adjacent to, but not on, subject property even though the easement is on subject property. The request for CF zoning was made because it allows medical offices, and it is  March 8, 2018 Page 8 not as intensive as Highway Commercial (CH) District. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of an area along South Church Street and Volunteer Road as Commercial Fringe (CF) District 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 18-OZ-03 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 3.28 acres along South Church Street and Volunteer Road as Commercial Fringe (CF) District, simultaneous with annexation; Murfreesboro Medical Center Properties, applicant [2017-450],” 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 Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mr. Matthew Blomeley announced that Mr. Robert Lewis, Staff Planner, would be retiring March 9, 2018 and wished him well in his retirement. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-06 adopted by the City Council on January 25, 2018, to consider (1) adoption of a Plan of Services for and annexation of 2.5 acres and (2) zoning of approximately 2 acres along Memorial Boulevard to Highway Commercial (CH) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Cynthia Keathley, applicant [2017-519 and 2017-447]. Notice of said public hearing was published in the February 20, 2018 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 annex 2.5 acres along the west side of Memorial Boulevard which includes right-of-way in front of subject property. The applicant, Ms. Cynthia Keathley, has power of attorney for her mother who owns the property. Staff feels this parcel is a gap in the City Limits as it is bordered on the north, south and west by  March 8, 2018 Page 9 the existing City Limits and City services are currently available to serve 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 Plan of Services and annexation of approximately 2.5 acres along Memorial Boulevard 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, Mayor McFarland declared the public hearing closed. The following RESOLUTION 18-R-PS-06 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. 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-PS-06 here to adopt a Plan of Services for approximately 2.5 acres along Memorial Boulevard [2017-519]; Cynthia Keathley, applicant.) The following RESOLUTION 18-R-A-06 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-06 here to annex approximately 2.5 acres along Memorial Boulevard, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2017-519]; Cynthia Keathley, applicant.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning of approximately 2 acres along Memorial Boulevard as Highway Commercial (CH) District, simultaneous with annexation; Cynthia Keathley, applicant [2017- 447]. Mr. Matthew Blomeley, Assistant Planning Director, presented the Planning Commission’s unanimous recommendation for zoning subject property just considered for annexation to Highway Commercial (CH) District, simultaneous with annexation. This 2-acre parcel has an existing home on it. The property is bordered on its north and south sides by  March 8, 2018 Page 10 CH; property to the north is zoned CH but undeveloped; property to the south is zoned CH and developed with a single-family residence that is rental and purchased as investment property for future development; and immediately to the west of subject property is a Single-Family Residential Multi-Family Sixteen (RM-16) development known as Paddock Club Apartment Complex. The request for CH is consistent with the existing zoning in the area including the zoning of the Publix Shopping Center further to the south. The Murfreesboro 2035 Future Land Use Map shows this segment of the frontage of Memorial Boulevard as “Auto-Urban (General) Commercial” which would enable such uses as restaurants, gas stations, retail uses. It identifies the CH zone as a zone that is consistent with the recommendations of the Murfreesboro 2035 Comprehensive Plan. Ms. Keathley was available to answer questions. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 2 acres along Memorial Boulevard as Highway Commercial (CH) District 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 18-OZ-06 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 2 acres along Memorial Boulevard as Highway Commercial (CH) District, simultaneous with annexation; Cynthia Keathley applicant [2017- 447]”, 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: 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-07 adopted by the City Council on January 25, 2018, to consider (1) adoption of a Plan of Services for and annexation of 10.7 acres and (2) zoning of approximately 10.7 acres along Cherry Lane to Single-Family Attached Type 2 (RS-A Type 2) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Catalyst Design Group, applicant [2017-517 and 2017-443]. Notice of said public hearing was published in the February 20, 2018 issue of a local newspaper as follows:  March 8, 2018 Page 11 (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to approve a Plan of Services for and annexation of 10.7 acres located along the north side of Cherry Lane, just across the street from the Siegel Soccer Park. This parcel is contiguous with the existing City Limits, and it is within the City’s Urban Growth Boundary. The property is mostly undeveloped except for a single-family residence and several out buildings which are located quite a distance from Cherry Lane. In their current state, the Fire Department cannot provide fire protection services to these buildings. The Catalyst Design Group is the applicant, and they are representing Mr. Larry Gilliland who seeks to purchase the property and develop it. The recommendations of staff, Planning Commission and the Fire Department are that these structures either be demolished or construction of improvements be done prior to annexation so that fire trucks have access to the house. Mr. Gilliland has agreed that, if the zoning is approved on first reading, he would request delaying second reading to give him ample time for the existing owners to move out and demolish the structures which could take as long as six months. If annexation of subject property is approved, the annexation would not become effective until the zoning goes into effect. Another point of interest brought up in the Plan of Services is that sewer is not readily available to serve the property. The sewer line would have to be extended through the Park property to the south. Applicants are working with the Parks & Recreation Department to have that sewer line extended and have committed not to disrupt normal activities, soccer games, etc. The City will be able to provide services to the property upon annexation once the conditions of the Fire Department are met. The Mayor addressed the location of the manhole at Siegel Soccer Park. The Assistant Planning Director could not accurately identify its route through the Park property without an aerial photograph. There were no other questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation of approximately 10.7 acres along Cherry Lane come forward to the podium. Ms. Tammie Joyce, 604 Cherry Lane, addressed the diseased pine trees, one of which is 20-25’ tall located 10’ from her house. She had concerns with it falling on her house if any blasting is done and asked how this issue would be handled. Mayor McFarland indicated that question would be answered at the time zoning is discussed.  March 8, 2018 Page 12 There were no others present who wished to speak for or against the proposed Plan of Services and annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 18-R-PS-07 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PS-07 here to adopt a Plan of Services for approximately 10.7 acres along Cherry Lane [2017-517]; Catalyst Design Group, applicant.) The following RESOLUTION 18-R-A-07 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. LaLance. 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-A-07 here to annex approximately 10.7 acres along Cherry Lane, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2017-517]; Catalyst Design Group, applicant.) Mayor McFarland announced that the next item on the agenda is to consider zoning of approximately 10.7 acres along Cherry Lane as Single-Family Attached Type 2 (RS-A Type 2) District, simultaneous with annexation; Catalyst Design Group, applicant [2017- 443]. Mr. Matthew Blomeley addressed the earlier question of Mayor McFarland regarding location of the sewer manhole. The applicant provided an exhibit which illustrated an overlay of the proposed sewer line and the manhole going predominantly through the parking lot. Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to zone approximately 10.7 acres along Cherry Lane as Single- Family Attached Type 2 (RS-A Type 2) District, simultaneous with annexation. Type 2 is the suburban townhouse version of RS-A which stands for Single-Family Residential Attached. Subject property is bordered on its north, east and west side by single-family residential  March 8, 2018 Page 13 development in the unincorporated County; across the street, the property is zoned P (Park) for the Siegel Soccer Park; at the intersection of Cherry Lane and Memorial Boulevard, there are several parcels zoned CF (Commercial Fringe) for potential commercial development; further to the west is the Liberty Village townhomes and residential development which is a PRD and located within the City Limits. The proposed zoning request would enable a single- family attached development, specifically identified as townhomes. The RS-A Type 2 Zone has specific development requirements. Each building façade is required to contain a minimum of 75% brick, stone, or cementitious siding; minimum open space requirement; and a maximum density requirement of 12 units per acre. The future land use map in the Murfreesboro 2035 Comprehensive Plan recommends that this property develop as “Auto- Urban (General) Residential”. This residential classification is heavily dependent on the automobile and “includes detached residential dwellings” as well as “attached housing type (subject to compatibility and open space standards, e.g., duplexes, triplexes, townhomes, and patio homes)”. The plan recommends a density of 3.54 to 8.64 dwelling units per acre. The uses permitted in the RS-A, Type 2 Zone are consistent with the uses recommended in the comprehensive plan for the “Auto-Urban (General) Residential” classification; however, the maximum density, which is now at 12 dwelling units per acre in the RS-A, Type 2 Zone, exceeds it by 3.5 dwelling units per acre. The applicant indicates that his plan is at approximately 6.3 dwelling units per acre. Addressing Ms. Joyce’s concerns with the pine trees, Mr. Gilliland indicated he was agreeable to meet with her. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 10.7 acres along Cherry Lane as Single-Family Attached Type 2 (RS-A Type 2) District, simultaneous with annexation, come forward to the podium. Mr. Jerry Cunningham, Catalyst Design Group, noted that they were very amenable to working with staff to run the sewer through a location that does not affect any activities. There were no others present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mayor McFarland asked the developer if this is the product he plans to develop. Mr. Gilliland indicated that the current plan is for one-car garages at this time; however, they are studying a slight variation with one and two car garages. He felt this development would be a superior product. An ordinance, entitled “ORDINANCE 18-OZ-07 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  March 8, 2018 Page 14 in force and effect to zone approximately 10.7 acres along Cherry Lane as Single-Family Attached Type 2 (RS-A Type 2) District, simultaneous with annexation; Catalyst Design Group, applicant [2017-443],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, 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 The following letter of recommendations from the Facilities Superintendent was presented to the Council: (Insert letter dated February 26, 2018 here with regards to positions for Maintenance Foreman and Custodian for new Police Headquarters Facility.) Mr. Shacklett made a motion to accept the recommendation of the Facilities Superintendent and approve the positions for Maintenance Foreman and Custodian, funded from the 2018 Police Department Budget, to maintain the new Police Headquarters. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. The Interim City Manager addressed Mr. Smotherman’s question regarding a portion of the cemetery fence along the Police Department property being down and the Cemetery Board’s concern with reinstalling it as a buffer to keep people from coming into the cemetery. This matter was being reviewed. The following letter of recommendations from the Information Technology Director was presented to the Council: (Insert letter dated March 8, 2018 here with regards to Statement of Work No. 2 under basic Contract Agreement with ICON Enterprises, Inc. to purchase CivicClerk Agenda Management Module.) Mr. LaLance made a motion to accept the recommendation of the Information Technology Director and approve the Statement of Work No. 2 under the Basic Contract Agreement with ICON Enterprises, Inc. to purchase the CivicClerk Agenda Management Module for a fee of $12,000.00 for year one and an additional $9,000.00 annually to be added to the current website yearly fee. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Mr. Smotherman made a motion to appoint Mr. Don Witherspoon to the Public Building Authority for another six-year term ending January 1, 2024. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  March 8, 2018 Page 15 The City Recorder/Finance Director presented a Special Event Beer Application for United Way of Rutherford & Cannon Counties, Inc., 3050 Medical Center Parkway, with the event to be held on May 11, 2018 at 2239 Shannon Drive. All requirements have been met. A Beer Application for Far East Restaurant, 1529 E. Main Street (new location), was presented for approval pending all required building and codes inspections being completed. Mr. Wade made a motion to approve a Special Event Beer Permit for United Way of Rutherford & Cannon Counties, Inc. on May 11, 2018 and a Beer Permit for Far East Restaurant upon successful completion of all building and codes inspections. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director indicated there were no statements to consider for payment. Under other business, the Interim City Manager presented Task Order No. 2 with CBRE/Heery/Pinnacle Construction Partners in the amount of $65,000.00 for management services to complete the construction close-out and post-construction phases of the Police Headquarters Building project in a timely and Owner directed manner. The decommissioning of the South Church Street facility is not part of this Work Order, but it is part of the “Not to Exceed” $65,000.00 for CBRE/Heery/Pinnacle Construction Partners performance. Funding for everything related to the Highland Avenue Headquarters is from contingency left in the construction contract. Funding for decommissioning of 302 South Church Street will come from the Police Department’s regular budget. Mr. Wade made a motion to accept the Interim City Manager’s recommendation to approve Task Order No. 2 with CBRE/Heery/Pinnacle Construction Partners in an amount “Not to Exceed” $65,000.00. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The Interim City Manager updated the Council on the tally sheet with Owners Representatives. To-date, the City has contracted with CBRE/Heery for $144,000.00 of construction management services: $94,000.00 with CBRE/Heery/Pinnacle Construction Partners specifically on police work and $50,000.00 with Sevalus for pre-construction work on the Doug Young Training Center and Murfreesboro Airport Terminal. Staff’s intentions are to proceed with Sevalus on the Airport Terminal and the Doug Young Training Center. CBRE/Heery/Pinnacle Construction Partners have been asked to step up and look at the prototype for Fire Station No. 11 and be the Owners Representative for it. Both firms have been asked to submit proposals for being Owners Representatives on Blackman Park. The Interim City Manager provided information on the upcoming financing of the City’s Capital Improvement Plan (CIP). Staff has thoroughly researched the use of variable  March 8, 2018 Page 16 and fixed rate debt for the current $71 Million General Obligation debt offering scheduled for March 20, 2018. Using historical data from Cumberland Securities and the City’s Finance professionals, it is recommended that the current offering remain as a fixed rate security. No action was required. Mr. Smotherman commented on the phenomenal turnout and support from the community for the Hospice “Bluebird” event at The Grove the past three nights. The Interim City Manager reminded the Council of the Chambers Legislative Connection, Friday, March 9, 2018, at 7:30 a.m. The DOSS Amendment, which is of incredible value to Murfreesboro and Tennessee cities, passed unanimously out of Senator Ketron’s sub-committee last Tuesday and will be presented in front of the full Senate Finance Committee next week. Mr. LaLance asked staff to see what the status was for the Kronos add-on for Public Safety Software with TeleStaff. The Interim City Manager stated he would follow up on it. There being no further business, Mayor McFarland adjourned this meeting at 8:07 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER