City Council

May 3, 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, May 3, 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, Deputy City Attorney Matthew Blomeley, Assistant Planning Director Donald Anthony, Principal Planner Pam Russell, Human Resources Director Chris Clausi, Assistant Human Resources Director Darren Gore, Water Resources Director Chad Gehrke, Airport Manager Mark Foulks, Fire & Rescue Chief Sam Huddleston, Assistant City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Mayor McFarland announced that today is “National Day of Prayer”. There have been several services throughout our community and 90,000 different events have been held in our Country today to recognize National Day of Prayer. Council Member Bill Shacklett, introduced Mr. Joel Bigelo with Endure Athletics who commenced the meeting with a prayer followed by the Pledge of Allegiance. Mr. Bigelo gave an overview of Endure Athletics Organization’s purpose which is to serve the homeless children in Murfreesboro and Rutherford County and to provide after- school programs, summer camp and participation in activities at MTSU football games to expose the children to what their futures could be. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Street Department Operations Manager: A. Purchase of a 2018 Ram 5500 Regular Cab 4x4 Truck. B. Purchase of a 2018 Ram 2500 Crew Cab 4x4 Truck. C. Purchase of a T4.75 New Holland Tractor. D. Purchase of a Pneumatic Tire Lift Truck. E. 2018-2019 State Maintenance Contract. F. Purchase of 2018 Chevy Silverado 2500 4WD Crew Cab Truck. G. Purchase of 2018 Chevy Silverado 1500 Crew Cab Truck. H. Purchase of SP5 Manual Boom Spray Patcher on a 2019 Kenworth T370 Truck. 2) Letter of recommendations from the City Engineer: Funding for Lytle Street Reconstruction Project from Barker Street to Church Street. 3) Letter of recommendations from the Fire & Rescue Chief: Approval to apply for Staffing for Adequate Fire & Emergency Response (SAFER) Federal Grant.  May 3, 2018 Page 2 4) Letter of recommendations from the Airport Manager: A. Approval of Tennessee Aeronautics Grant for Design of New Fuel Farm. B. Approval of Tennessee Aeronautics Grant for Extension of Term for Approach Easement Maintenance. C. Decommissioning of the Non-Directional Radio Beacon (NDB). D. Sponsorship of a MTSU Flight Team in the 2018 Air Race Classic. 5) Letter of recommendations from the Planning Commission: Mandatory Referral at Kingdom Crest Subdivision on Jack Byrnes Drive. 6) Letter of recommendations from the Solid Waste Director: Award of Janitorial Services to Anthony & Michelle Culp, Culp’s Cleaning Services. 7) Letter of recommendations from the Community Development Director: A. Emergency Repair Project: 3158 Shaylin Crossing. B. Housing Rehab Change Order No. 1: 528 Bridge Avenue. 8) Letter of recommendations from the Human Resources Director: A. Revision to Employee Handbook Section 1002: Vacation Leave. B. Revision to Employee Handbook Section 1033: Temporary Limited Duty. C. Revision to Employee Handbook Section 4007: Worker’s Compensation. 9) Letter of recommendations from the Water Resources Board: A. Bids for 2018 Water Treatment Plant Chemicals. B. Lytle Street Reconstruction, Phase 2: Proposed Change Order No. 2 for Time & Materials Work. C. Utility Relocation Contract with TDOT for reconstructing Salem Highway (HWY 99) Phase 2 between I-24 & Old Fort Parkway. D. Property acquisition for sewer main replacement at North Spring Street Alley. E. Cost sharing of water main replacement at the Murfreesboro Municipal Airport. F. Task Order No. 1 with Energy, Land & Infrastructure, LLC, through the City’s Master Service Agreement, for Professional Services. G. Asphalt Purchases Report. 10) Letter of recommendations from the Chief of Police: Purchase of Computer Displays and Thin Client Devises for the New Police Headquarters. 11) Letter of recommendations from the Assistant Transportation Director: Contract with Mid-Cumberland Human Resource Agency (MCHRA) for Provision of Transit Services for FY 2019. (Insert letters from the Street Department Director, City Engineer, Fire & Rescue Chief, Airport Manager, Planning Commission, Solid Waste Director, Community Development Director, Human Resources Director, Water Resources Board, Chief of Police and Assistant Transportation Director here.) Mayor McFarland withdrew Item 4(A) and 8(B). Mr. Smotherman made a motion to approve the Consent Agenda with the deletion of Item 4(A) and 8(B). Mr. LaLance seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 17-OZ-62 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 12.1 acres in the Planned Unit Development (PUD) District located along Fortress Boulevard (“Parcel F” of Victory Station PUD) as indicated on the attached map; Swanson Development, LP, applicant [2017-444],” which passed first reading on April 19, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance,  May 3, 2018 Page 3 seconded by Mr. Smotherman. 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 second and final reading is as follows: (Insert ORDINANCE 17-OZ-62 here.) The following letter of recommendations from the Water Resources Board was presented to the Council: (Insert letter dated April 26, 2018 here with regards to FY 2019 ORDINANCE 18-O-23; FY2022 Pro Forma Review; increase system development charges for nonresidential uses; and recover costs for service installation.) The Water Resources Director gave a power point presentation and answered questions from the Council. An ordinance, entitled “ORDINANCE 18-O-23 amending the Murfreesboro City Code, Chapter 33-Water and Sewers, Sections 33-2 and 33-50, regarding water and sewer tap and connection fees and adding Section 33-44 regarding STEP sewer use fees,” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. 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 City Recorder/Finance Director presented for approval a renewal of Certificate of Compliance for Wine in Retail Stores for Walter Renee Horton at Aldi #41, 1640 Robert Rose Drive. The applicant has met the City’s requirements. Mr. Wade made a motion to approve renewal of a Certificate of Compliance for Walter Renee Horton at Aldi #41. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented for approval a renewal of Certificate of Compliance for Wine in Retail Stores for Patrick Trueheart at Sprouts Farmer’s Market #581, 143 Wendelwood Drive. The applicant has met the City’s requirements.  May 3, 2018 Page 4 Mr. LaLance made a motion to approve renewal of a Certificate of Compliance for Patrick Trueheart at Sprouts Farmer’s Market #581. 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-17 adopted by the City Council on March 15, 2018, to consider (1) adoption of a Plan of Services for and annexation of 17.96 acres and (2) zoning of approximately 17.96 acres along Twin Oak Drive to Single-Family Residential Six (RS-6) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Mitchell Bowman and Rutherford County Habitat for Humanity, applicants [2018-513 and 2018-433]. Notice of said public hearing was published in the April 17, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the recommendation of the Planning Commission to approve a Plan of Services and annexation of two parcels located along the east side of Twin Oak Drive, north of Halls Hill Pike. The total area of the property is just under 18 acres, contiguous with the existing City boundary on the west and located within the City’s Urban Growth Boundary. City sewer service is not currently available to this property; however, the applicant has been working with neighboring property owners to the west to secure easements that would allow for an extension of an existing sewer line to this site. The applicant has obtained verbal permission from those property owners and is currently in the process of obtaining written easement agreements. If this annexation request is approved on first reading, the second reading will be held until such time that the applicant can furnish staff with documentation of recorded easement agreements. The second issue in the Plan of Services is the requirement of the Murfreesboro Fire & Rescue Department to install a fire hydrant on the site prior to the issuance of any building permit. The Planning Commission conducted a public hearing on November 1, 2017 and then voted unanimously on March 7, 2018 to forward this request to the Council with a favorable recommendation. A companion zoning request will follow this public hearing on Plan of Services and annexation. 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 17.96 acres located along Twin Oak Drive 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.  May 3, 2018 Page 5 The following RESOLUTION 18-R-PS-17 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: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PS-17 here to adopt a Plan of Services for approximately 17.96 acres along Twin Oak Drive [2018-513]; Mitchell Bowman, applicant.) The following RESOLUTION 18-R-A-17 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: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-17 here to annex approximately 17.96 acres along Twin Oak Drive, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2018-513]; Mitchell Bowman, applicant.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning approximately 17.96 acres along Twin Oak Drive as Single- Family Residential Six (RS-6) District, simultaneous with annexation; Rutherford County Habitat for Humanity, applicant [2018-433]. Mr. Donald Anthony, Principal Planner, presented the request of Rutherford County Habitat for Humanity to rezone 17.96 acres to Single-Family Residential Six (RS-6) District, simultaneous with annexation. This would allow for the development of a neighborhood that would consist of Habitat for Humanity homes to be built over the course of several years. A concept plan for the development shows 74 potential lots on this site. The RS-6 will allow 6,000 square foot lots. There is a minimum front setback of 35’ to accommodate additional vehicles in the driveway and, unlike our other residential districts, there are minimum masonry cementitious siding requirements for 75% of each façade in RS-6 District. The adjacent zoning includes RS-A Type 1 (Single-Family Residential Attached District on the west and County RM (Medium Density Residential) on all other sides. Murfreesboro 2035 classifies the property as “Undeveloped”. When the plan was formulated, development on this property was not anticipated for at least 20 years; therefore, he did not feel that the  May 3, 2018 Page 6 Murfreesboro 2035 Comprehensive Plan would be of much guidance for this particular zoning request. The Planning Commission conducted a public hearing on November 1, 2017 and voted unanimously on March 7, 2018 to forward this zoning request to Council with a favorable recommendation. As with the annexation request, due to the lack of easements for the sewer extension, should Council approve the zoning request on first reading, the second reading would be held until such documentation has been received on those easements. Mr. Anthony recognized Mr. Mark Lee, SEC, Inc., representing Habitat for Humanity, Ms. Terri Schultz, Executive Director of Rutherford County Habitat for Humanity and Mr. Dan Bobo, Ole South Properties, who would be assisting Habitat for Humanity through the development process. Mr. Lee gave a power point presentation stating that the development would have two access points onto Twin Oaks Drive and the roads of the development would connect to neighboring properties. A Stormwater management pond is proposed at the southwest corner of the property, and landscaping will be around the entry sign as well as landscape buffers along Twin Oaks Drive. There will be interconnected streets with sidewalks on both sides of the street to allow walkability throughout the neighborhood. Habitat plans on developing approximately 20 lot sections with each section being built out with 8-10 houses per year. Habitat would be the only one building houses in this subdivision. It is anticipated to have an HOA for maintenance of the landscaping and storm water management pond. Habitat builds quality houses that are very affordable to its clients, and they are Energy Star rated which will provide low monthly electric utility bills. This development will be called Legacy Point. The intention is to provide safe and quality homes with an affordable mortgage in a livable, attractive community. Mr. Lee addressed questions from the Council. Ms. Terri Schultz, Executive Director of Rutherford County Habitat for Humanity, stated that they would be building predominantly in this subdivision so that they can have more control of the families, subdivisions, and types of homes. The HOA will help a lot in this effort. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 17.96 acres along Twin Oak Drive to Single-Family Residential Six (RS-6) 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-17 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 17.96 acres along Twin Oak Drive as Single-Family Residential Six (RS-6) District, simultaneous with annexation; Rutherford County Habitat for  May 3, 2018 Page 7 Humanity, applicant [2018-433],” was read to the Council and offered for passage on first reading upon motion made by Vice-Mayor Scales Harris, 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-18 to consider (1) adoption of a Plan of Services for and annexation of 145.2 acres and (2) zoning of approximately 145.2 acres along Bradyville Pike and Veals Road to Planned Residential Development (PRD) District (Carter’s Retreat PRD) and zoning of approximately 0.1 acre to Single-Family Residential Ten (RS-10) District which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Kenneth S. Carter and Sourceland, LLC, applicants [2018-501 and 2018-404]. Notice of said public hearing was published in the April 17, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the Plan of Services and annexation request for property located along Bradyville Pike. The property itself is not contiguous with the existing City Limits; therefore, additional right-of-way of Veals Road was studied from the intersection of Bradyville Pike to the north side of subject property. There is also some right-of-way of Bradyville Pike that was included in the study area as well. The total study area is 145.2 acres which includes the 134-acre large parcel; 2,400 linear feet of Bradyville Pike right-of-way south of the subject property; 2,000 linear feet of Bradyville Pike right-of-way closer into town; and approximately 4,900 linear feet of Veals Road right-of-way. He noted that, in the legal notice, an old map was used which originally went to the Planning Commission. This map consisted of right-of-way of Veals Road all the way to the eastern edge of the subject property. It was staff’s recommendation at the Planning Commission meeting to scale it back because the proposed development did not have any access onto Veals Road. A corrected map was provided which was approved by the Planning Commission. Also included in the annexation is a 10’ strip of the Brady Estates Subdivision tract further north along Bradyville Pike. It was excluded from the previous annexation of that tract to avoid the creation of an “island” of County inside the City Limits; however, since that time, the Legal Department has advised the Planning Staff and Planning Commission that such “islands” are no longer prohibited by State law. Annexing this 10’  May 3, 2018 Page 8 strip will allow all of the Brady Estates Subdivision to be in one jurisdiction. The Plan of Services has been revised to reflect the Planning Commission’s action to show the revised study area regarding the right-of-way on Veals Road. He mentioned that City Sewer is not available to serve subject property. The developers are proposing to use a step system, and they have been in contact with the Water Resources Department. He noted that there are existing structures on the property on Bradyville Pike which do not have access to a fire hydrant. The City Fire Marshal is recommending that a fire hydrant be installed prior to the effective date of annexation to provide protection to those structures. If the Council approves the annexation and companion zoning request, the second reading would be held on the zoning request until the Fire Marshal verifies that a fire hydrant has been installed. This fire hydrant would use CUD water lines in the area. The Planning Commission unanimously voted 5-0 to recommend approval of the annexation and Plan of Services. Mr. Blomeley deferred questions on the step system to the applicant when the time was appropriate. 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 145.2 acres along Bradyville Pike and Veals Road come forward to the podium. There was no one present who wished to speak for or against the proposed request and, after ample time had been given, Mayor McFarland declared the public hearing closed. RESOLUTION 18-R-PS-18 to adopt a Plan of Services for approximately 145.2 acres along Bradyville Pike and Veals Road, Kenneth S. Carter, applicant, was read to the Council and offered for adoption upon motion made by Mr. Wade. Motion failed for lack of a second. Mr. Blomeley pointed out that the property to the northwest of subject property was considered for zoning in the Fall of 2017 for which second reading is being held until the developer obtains a waterline easement. The property to the east of it and to the north of subject property is under consideration for development. While it seems disconnected at this point, he felt it would only be a matter of time before additional development starts to happen in this area that would make it seem not so remote from the existing City Limits. Council discussed their concerns with annexing substandard County roads that are 2 miles from Rutherford Boulevard and the City taking on the responsibility to maintain a road that doesn’t access the property not to mention having the ability to efficiently provide service delivery that far out on a County road just to get back to this dense development. It was felt staff should wait on the outcome of the developer who is seeking a waterline easement before discussing this matter any further and clarification regarding annexation of Veals Road.  May 3, 2018 Page 9 Mr. Smotherman made a motion to defer the Plan of Services, annexation and zoning. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The City Attorney stated that there would be a new public hearing at Council level on this matter. The following letter of recommendations from the Transportation Director was presented to the Council: (Insert letter dated April 26, 2018 here with regards to State Industrial Access Program Grant, RESOLUTION 18-R-08.) The Transportation Director corrected his letter to reflect that the future multi-use path and sidewalk features to all be within a proposed right-of-way of 100’ instead of 90’. The following RESOLUTION 18-R-08 was read to the Council and offered for adoption upon motion made by Mr. LaLance, 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-08 here requesting assistance from the Tennessee Department of Transportation for roadway improvements associated with development of a site for Sazerac of Tennessee, LLC (“Sazerac”). The following letter of recommendations from the Deputy City Attorney was presented to the Council: (Insert letter dated April 19, 2018 here with regards to Eighth Amendment to Agreement for Sale and Purchase of Real Estate, approval of sale of Lot 4 Phoenix Subdivision.) The Deputy City Attorney clarified that the “claw back” clause would not be waived until closing which means, if this current transaction fails for any reason, the City would have the contractual right to repurchase the property. Council had concerns that, once the claw back is waived, the City relinquishes its right to buy back and the owner could sell to someone else leaving the City with no control as to what is developed on the property. This provision was put in place in 2004-2006 which has been required of everyone else in the area, and it should be no different for this situation. Council requested language to clarify, if the property is transferred and the project does not come to fruition, that the claw back would go back into effect. The Deputy City Attorney would present this change to Phoenix Associates, LLC. Mr. Smotherman made a motion to accept the recommendation of the Deputy City Attorney to approve the Eighth Amendment to Agreement for Sale and Purchase of Real  May 3, 2018 Page 10 Estate for Sale of Lot 4 Phoenix Subdivision with the condition that the modification be made that, if the development is not developed as proposed currently, that the claw back clause would go back into effect and the City would retain the rights to control the decisions made in the future. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Deputy City Attorney was presented to the Council: (Insert letter dated April 23, 2018 here with regards to acquisition of electric easements for Murfreesboro Electric Department by condemnation.) Mr. Shacklett made a motion to accept the recommendation of the Deputy City Attorney and authorize initiation of condemnation proceedings for the required easements. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Upon recommendation of Mayor McFarland, Mr. Smotherman made a motion to appoint Ms. Jami Averwater and Mr. Casey Brown to the Urban Environmental Commission for a three-year term ending June 30, 2021. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented a Beer Application for Florence Station Market (new owner) at 5409 NW Broad Street. This application is pending completion of all required building and codes inspections. Mr. Wade made a motion to approve a Beer Permit for Florence Station Market 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 be considered for payment. There being no further business to consider, Mayor McFarland adjourned this meeting at 8:32 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER