City Council

May 10, 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 10, 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 Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Donald Anthony, Principal Planner Chad Gehrke, Airport Manager Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Eddie Smotherman commenced the meeting with a prayer followed by the Pledge of Allegiance. 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 712 Carver Avenue. 2) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018. (Insert letters from the Community Development Grant Coordinator and City Recorder/Finance Director here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Vice- Mayor Scales Harris 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 April 12, 2018. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mayor McFarland withdrew ORDINANCE 18-OZ-17 to zone an area along Twin Oak Drive. 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,” which passed first reading on May 3, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote:  May 10, 2018 Page 2 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-O-23 here. The City Recorder/Finance Director presented for approval a Certificate of Compliance for Retail Liquor Store for Evelyn J. Robinson at Murfreesboro Wine and Spirits, 3016 S. Church Street. The application for the Certificate has met the City’s requirements. Mr. Wade made a motion to approve a Certificate of Compliance for Evelyn J. Robinson at Murfreesboro Wine and Spirits. Mr. LaLance 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-20 adopted by the City Council on April 12, 2018, to consider a proposed amendment to approximately 4.53 acres in the Planned Commercial Development (PCD) District located along New Salem Highway and Salem Creek Drive (Salem Creek Commons PCD); Development Management Group, LLC, applicant [2018-408]. Notice of said public hearing was published in the April 24, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the Planning Commission’s recommendation to approve an amendment to the Salem Creek Commons PCD located at the southeast corner of New Salem Highway and Salem Creek Drive. The property was rezoned in 2017 from Commercial Fringe (CF) District to Planned Commercial Development (PCD) District for the development of a car wash on the eastern most lot; however, as the developer moved forward with his plans, they found a restrictive covenant which has since prohibited them from locating the car wash on that lot. The request to amend the PCD is to relocate the car wash from the easternmost lot to the center lot. Other amendments to the Pattern Book include: 1) There is a sanitary sewer line and easement on the easternmost lot that cannot be relocated; therefore, it is unknown as to how this lot will be developed. The amended Pattern Book has been revised to eliminate a specific site layout for this lot. In lieu of a specific layout, it makes the commitment that this lot will comply with all applicable zoning regulations as well as the City-wide Design Guidelines. 2) The approved 2017 PCD does not conform with all of the requirements contained in the Design Guidelines; therefore, the amended plan makes the commitment that all three lots will comply with the Design Guidelines and the architectural elevations included in the Pattern Book have been revised in an attempt to comply with the Design guidelines.  May 10, 2018 Page 3 3) Two uses permitted in the original PCD “department/discount stores” and “financial services” are proposed to be prohibited in the amended PCD. 4) The original PCD committed to the construction of a right-turn-lane at the proposed entrance off New Salem Highway. The amended plan modifies the language to state that the need for a right-turn lane will be evaluated by the City Engineer at the time of site plan review. Staff agrees with the revised language. The Planning Commission conducted a public hearing on April 4, 2018 and voted unanimously 6-0 to recommend approval to the Council. Mr. Mike Gilbert, Development Management Group, was present. 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 amendments to the Salem Creek Commons 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-20 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 4.53 acres in the Planned Commercial Development (PCD) District located along New Salem Highway and Salem Creek Drive (Salem Creek Commons PCD) as indicated on the attached map; Development Management Group, LLC, applicant [2018-408],” 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-21 adopted by the City Council on April 12, 2018, to consider a proposed amendment to rezone approximately 0.68 acres along Searcy Street from Single-Family Residential Fifteen (RS-15) District to Duplex Residential (RD) District; George Kerrick, applicant [2017-445]. Notice of said public hearing was published in the April 24, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the request to rezone an area along the west side of Searcy Street which is located to the east of The Fountains and just north of Medical Center Parkway. The property is currently zoned Single-Family  May 10, 2018 Page 4 Residential Fifteen (RS-15) District and currently has a single-family home on it. This area has a mixture of uses, several of which are non-conforming. There is a mobile home park zoned RS-15 and some duplexes zoned RS-15 on the opposite side of Searcy Street. The west side of Searcy Street is predominantly developed with single-family homes and the east side is predominantly developed with duplexes. The applicant’s request for RD zoning would enable him to build a duplex on each of the two lots. The Future Land Use Map contained in the Murfreesboro 2035 Comprehensive Plan adopted by the Planning Commission in July 2017 depicts a future land use classification of “Urban Commercial/Mixed Use” for subject property. The Urban Commercial/Mixed Use classification is described in the plan as “intensive, urban character with a multiplicity of uses, including multi-family residential, entertainment, restaurants, department stores and other retail, general and professional offices, hotels”. The Urban Commercial/Mixed Use designation does make provisions for multi-family residential uses but at a much different scale and density than what the requested RD zone would enable. In addition, Chapter 4 (Land Use and Character) of the comprehensive plan identifies specific “sub-areas” of the City as being opportunities for redevelopment. One of these sub-areas is entitled the “West College Street Mixed-Use Redevelopment Program”. The requested parcels are located within this sub-area, and the comprehensive plan envisions a mixed-use redevelopment scenario for this sub-area. The development that has occurred and is occurring in the vicinity of subject property, the comprehensive plan puts forth a very different vision for this area than what the current rezoning request would enable. The vision of the plan for the immediate area includes the potential of redevelopment on a much larger scale. The RD zone is more consistent with ”Auto-Urban/General Residential” land use character. It is staff’s opinion that the requested rezoning is not consistent with the recommendations of Chapter 4 of the Murfreesboro 2035 Comprehensive Plan. Mr. Blomeley noted that a rezoning to MU and GDO-3 just passed at the northwest corner of Warren Street and Medical Center Parkway that was City-owned property. The Planning Commission conducted a public hearing on this matter on April 4, 2018 and unanimously recommended denial by a vote of 6-0. Mr. Blomeley noted that a letter has been provided to Council from Mr. Jay Jackson with Mitchell & Mitchell Attorneys at Law who is representing Mr. Kerrick. Mr. Jay Jackson, Attorney representing Mr. George Kerrick, stated that this rezoning is consistent with the principals that are inside of the City’s 2035 Comprehensive Plan. The plan calls for a zoning designation for multi-family uses and a duplex is a multi-family use. The plan also identifies the need for additional residential units for lower income families. At the time the property was annexed, it could have been zoned duplex. The fact that a row of  May 10, 2018 Page 5 existing duplexes already existed across the street was completely ignored. It was noted that, even though there is the assumption by the Planning Commission and Planning Staff that this area is going to become commercial, he did not hear one person provide anything factual to establish that commercial zoning was going to happen or that there is a developer out there looking at this area or actual plans in the works to make these changes; therefore, he did not feel there was any factual basis upon which to deny this zoning request. Mr. George Kerrick, applicant, stated he bought the property in 1977 to build duplexes. In 1993, the previous Planning Director indicated they would provide sewer and accept his petition for duplexes if he did not oppose annexation. The property was annexed and zoned RS-15. He received approval from the County to build duplexes on this property, and the City provided sewer. The area is run down with trailers, single family homes and duplexes, and he felt that this would be an immediate improvement. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of an area along Searcy Street to RD 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-21 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 0.68 acres along Searcy Street from Single- Family Residential Fifteen (RS-15) District to Duplex Residential (RD) District; George Kerrick, applicant [2017-445],” was read to the Council and offered for passage on first reading. Mr. LaLance questioned why Mr. Kerrick did not develop the property when he first bought it. Mr. Kerrick indicated he did not need the money at that time until a couple of years ago when his wife became ill. He needed the money to cover expenses for her assisted living facility; however, he was told by the City Attorney he had run out of time even though there was nothing in writing to that affect. A lot of time, money and effort have been invested for two years, and he felt the City should honor their promise. The property has gone downhill with crime, drugs, gangs, etc. There is only one way in and one way out. Mr. Blomeley addressed the nonconforming uses in the RS-15 area. If the duplexes were to burn beyond 75% of their value, they could not be rebuilt. Any structure built would have to conform to the existing zoning district of RS-15.  May 10, 2018 Page 6 Mr. Smotherman addressed Urban Commercial Mixed-Use character under the Murfreesboro 2035 Plan which recommends a density of approximately 60-70 dwelling units per acre versus RD zoning which permits 8-9 dwelling units per acre if building the minimum lot size. Subject property is adjacent to The Fountains at the Gateway which is zoned MU. There are non-conforming mobile homes and duplexes in the area zoned RS-15 and an area of trailers zoned RMO. This is the first request for RD in this area. Mr. Smotherman made a motion to deny the zoning request. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. Shacklett appreciated Mr. Kerrick’s efforts and desire to give attention to affordable housing and felt the request would probably have passed if it would have been more compatible to MU in this area. The City needs to look at these significant areas in the community and see how a development can be incentivized to truly address some of these issues of affordable housing. Mr. Wade encouraged Mr. Kerrick to meet with staff to see if there are any areas in Murfreesboro to develop affordable housing. This is just not a good location. Mr. LaLance left and was not present for the remainder of the meeting. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-22 adopted by the City Council on April 12, 2018, to consider a proposed amendment to rezone approximately 0.42 acres along North Maple Street (Maple Nook PRD) from Duplex Residential (RD) District to Planned Residential Development (PRD) District; Blue Sky Construction, applicant [2018-407]. Notice of said public hearing was published in the April 24, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the recommendation of the Planning Commission to rezone approximately .42 acres along the east side of North Maple Street from Duplex Residential (RD) District to Planned Residential Development (PRD) District. The proposed PRD would consist of two single family homes on a single-family lot of record. Both homes would face North Maple Street and share a common driveway located between them. Adjacent zoning includes RD on the north, south and east and the property to the west is zoned Residential Multi-Family Sixteen (RM-16) District. The Murfreesboro 2035 Land Use Plan shows “Auto Urban or General Residential” with a density of up to 8.64 dwelling units per acre as the most appropriate land use for this property. This property seems to be consistent with the Land Use Plan. The Planning Commission reviewed this request at its April 4, 2018 meeting and voted unanimously to approve it subject to the following conditions:  May 10, 2018 Page 7 *Front setback be expanded from 30’ to 35’ for these structures. (Included in Pattern Book). *Planning Commission to provide Council a copy of the restrictive covenants for this project and the covenants address the shared driveway and storage in the garages. *4’ high ornamental iron fence to create two separate backyards (fence shown in Pattern Book but type of fence not mentioned). *Elevation “B” to include additional masonry beyond the cementitious siding (Revised Pattern Book does not address this). Mr. Rob Molchan, SEC, Inc., gave a presentation on the proposed development. He indicated there would be a 4’ iron fence to delineate the space in back for both of the homes. They are still working on verbiage for the shared driveways. Mr. Brian Burns, Blue Sky Construction, was present. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 0.42 acres along North Maple Street to Planned Residential Development (PRD) District 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-22 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 0.42 acres along North Maple Street (Maple Nook PRD) from Duplex Residential (RD) District to Planned Residential Development (PRD) District; Blue Sky Construction, applicant [2018-407],” 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 was passed on first reading by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated May 3, 2018 here with regards to scheduling public hearings to consider rezoning (RS-10) along Osborne Lane; amend Oak Haven PRD along Conhocken Crt; Annexation Plan of Services and annexation petition along Armstrong Valley Rd; zoning/rezoning (RS-6) along Armstrong Valley Rd; Annexation Plan of Services & annexation petition along Indian Park Dr; amend Rutherford Boulevard Self- Storage PCD at 2615 South Rutherford Blvd; rezoning (CH) along Franklin Rd & Veterans Pkwy; rezoning (PRD) along Old Fort Pkwy (Village at Old Fort PRD); and amendments to Zoning Ordinance Sections 7, 26 & Chart 4.)  May 10, 2018 Page 8 The following RESOLUTION 18-R-PH-24 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None (Insert RESOLUTION 18-R-PH-24 here to schedule a public hearing for June 14, 2018 to consider rezoning approximately 5.8 acres along Osborne Lane from Single-Family Residential Fifteen (RS-15) District to Single-Family Residential Ten (RS-10) District [2018-411]; Randy Friedsam, applicant.) The following RESOLUTION 18-R-PH-25 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None (Insert RESOLUTION 18-R-PH-25 here to schedule a public hearing for June 14, 2018 to consider amending approximately 5.01 acres in the Planned Residential Development (PRD) District located along Conhocken Court (Oak Haven PRD) [2018-413]; Courtland Coleman, applicant.) The following RESOLUTION 18-R-PH-26 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None (Insert RESOLUTION 18-R-PH-26 here to schedule a public hearing for June 14, 2018 to consider (1) adoption of a Plan of Services for and annexation of 18.75 acres and (2) zoning of approximately 18.29 acres along Armstrong Valley Road to Single-Family Residential Six (RS-6) District, which have been proposed to be annexed to the City of Murfreesboro, Tennessee, and rezoning of approximately 44.5 acres along Armstrong Valley Road from Single-Family Residential Eight (RS-8) District to Single-Family Residential Six (RS-6) District [2018-502 & 2018-409]; Cornerstone Development, LLC, applicant.)  May 10, 2018 Page 9 The following RESOLUTION 18-R-PH-27 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None (Insert RESOLUTION 18-R-PH-27 here to schedule a public hearing for June 14, 2018 to consider adoption of a Plan of Services for and annexation of approximately 0.96 acres along Indian Park Drive [2018-503]; Glen Hutchinson, applicant.) The following RESOLUTION 18-R-PH-28 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None (Insert RESOLUTION 18-R-PH-28 here to schedule a public hearing for June 14, 2018 to consider amending approximately 4.73 acres in the Planned Commercial Development (PCD) District located at 2615 South Rutherford Boulevard (Rutherford Boulevard Self-Storage PCD) [2018-410]; Eco-Site, applicant.) The following RESOLUTION 18-R-PH-29 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None (Insert RESOLUTION 18-R-PH-29 here to schedule a public hearing for June 14, 2018 to consider rezoning approximately 3.64 acres along Franklin Road and Veterans Parkway from Commercial Fringe (CF) District to Commercial Highway (CH) District [2018-412]; Veterans Commons, GP, applicant.) The following RESOLUTION 18-R-PH-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: Madelyn Scales Harris Bill Shacklett  May 10, 2018 Page 10 Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None (Insert RESOLUTION 18-R-PH-30 here to schedule a public hearing for June 14, 2018 to consider rezoning approximately 8.99 acres along Old Fort Parkway from Commercial Highway (CH) District to Planned Residential Development (PRD) District (Village at Old Fort PRD) [2018-403]; Investment Partners, LLC, applicant.) The following RESOLUTION 18-R-PH-31 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Not Present: Rick LaLance Nay: None (Insert RESOLUTION 18-R-PH-31 here to schedule a public hearing for June 14, 2018 to consider amending Murfreesboro City Code, Appendix A-Zoning Section 7, Site Plan Review; Section 26, Off-Street Parking, Queuing, and Loading; and Chart 4, Required Off-Street Parking and Queuing Spaces by Use; pertaining to site plan review and minimum parking requirements for outdoor seating areas, Commercial Centers, and Neighborhood Shopping Centers [2018-801]; City of Murfreesboro Planning Department.) The following letter of recommendations from the Interim City Manager was presented to the Council: (Insert letter dated May 7, 2018 here with regards to Contract with CBRE Heery, St. Andrews Elementary School (new Southwest School) -Task Order No. 5; Contract with Johnson + Bailey P.C., St. Andrews Elementary School (new Southwest School); and Contract with VC3/Strategic Technology Assessment of City’s Information Technology System.) Vice-Mayor Scales Harris made a motion to accept the recommendation of the Interim City Manager to approve a Contract with CBRE Heery for Owner Representative/Project Management Services relating to the new Southwest School in an amount not to exceed $160,000.00, funded from CIP borrowing as part of the elementary school construction. Mr. Shacklett seconded the motion and all members of the Council present voted “Aye”. Mr. Wade made a motion to accept the recommendation of the Interim City Manager to approve a Contract with Johnson + Bailey P.C. for a professional fee of 3.94%, not to exceed $925,000.00, for design of the new Southwest School. Mr. Shacklett seconded the motion and all members of the Council present vote “Aye”.  May 10, 2018 Page 11 Mayor McFarland withdrew Item C - Contract with VC3. The City Recorder/Finance Director indicated there were no Beer Applications to consider. Mayor McFarland indicated there were no board and commission appointments to be made. Appointments to the Pension Committee and Disciplinary Review Board would be considered at a future meeting. The City Recorder/Finance Director indicated there were no statements to be considered for payment. Mr. Smotherman announced that the Murfreesboro Police Department Honor Guard was doing the “Presentation of Colors” at the Predator’s Hockey Game in Nashville this evening. Mayor McFarland announced that Dare Graduation was held at Black Fox Elementary School the past two days. Mr. Joe Thompson, Principal at Black Fox Elementary School, will be retiring on May 24, 2018. Mayor McFarland also announced that “The Book Battle in the Boro” was held this evening at Bradley Academy at which all City elementary schools were represented. There being no further business, Mayor McFarland adjourned this meeting at 8:02 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER