City Council

June 14, 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, June 14, 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: Craig Tindall, City Manager James Crumley, Assistant City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Erin Tucker, Assistant Finance Director Adam Tucker, Interim City Attorney David Ives, Deputy City Attorney Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Marina Rush, Principal Planner Dianna Tomlin, Principal Planner Chris Griffith, City Engineer Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Rick LaLance commenced the meeting with a prayer followed by the Pledge of Allegiance. The Human Resources Director introduced the following STARS Award recipients from the Stones River Water Plant: Mr. Monte Casto, Plant Shift Supervisor; Mr. Greg Sandidge, Maintenance Technician; and Mr. Brandon Lassiter, Maintenance Technician who were nominated by the Assistant Plant Manager, Mr. Joe Russell. These men were reactive to a cracked tank of sodium permanganate by isolating the leak and preventing it from going to the river and causing environmental issues. Monte and Greg are HazMat team members and Brandon is HazMat certified. Mayor McFarland presented the STARS Award to these men and thanked them for going above and beyond their everyday routine of providing service to the Stones River Water Plant and the citizens of Murfreesboro. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the City Recorder/Finance Director: A. Engagement Letter for Annual Actuarial Services of Murfreesboro, Tennessee Employees’ Revised Pension Plan for Budget Year 2018-2019. B. Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018 (Airport). C. Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018 (General Fund/Finance). 2) Letter of recommendations from the Water Resources Board: A. Renewal of Custodial Services Contract. B. Bids for 2018 Water Treatment Plant Lime. C. Department of Interior Geological Survey Joint Funding Agreement for East Fork Stones River Stream Monitoring.  June 14, 2018 Page 2 2) Water Resources Board Recommendations (Continued): D. Memorandum of Understanding with MTSU for Stormwater Education Services: Amendment to Renew MOU for 2018-2019. E. John Bouchard & Sons Task Order 18-02 for Pump Station No. 10 (Thompson Lane). F. ADS Professional Services Contract, Year 3 Extension. G. O & M Equipment Purchase for a Trailer Mounted Sewer Jetter. H. Pump Station (PS) No. 09 Replacement & Sewer Rehabilitation along Ransom Drive. I. Customer Information System (CIS) Business Intelligence (BI) Module. J. John Bouchard & Sons Task Order 18-03: Rebuild Aerator 2A Gearbox. K. Asphalt Purchases Report. 3) Letter of recommendations from the Risk Manager: Fire and Casualty Property Insurance; Inland Marine Vehicle Coverage; and Cyber-Breach Response. 4) Letter of recommendations from the Transportation Director: Amendment No. 4 to Contract with Tennessee Department of Transportation (TDOT) for the Stones River Greenway Extension Project. 5) Letter of recommendations from the Airport Manager: Approval of Federal Aviation Administration (FAA) Agreement and Tennessee Aeronautics Division (TAD) Grant Amendment for FAA to perform a flight check of the new PAPI light system on Runway 18/36 at the Murfreesboro Municipal Airport. 6) Letter of recommendations from the Fire & Rescue Chief: Approval to purchase 2014 International Prostar Heavy Duty Semi-Tractor Truck from Navistar, Inc. 7) Letter of recommendations from the Parks & Recreation Director: A. Nashville SC Cup Soccer Agreement. B. Youth Summer Volleyball Camp C. Hot Air Balloon Festival. D. Homeschool Theatre. E. All-Star Cast to Wilson County Fair. 8) Letter of recommendations from the Assistant City Manager: Change Order No. 1 to Contract for Community Technology Center. 9) Request from Uncle Dave Macon Days to hang a banner across East Main Street from July 5-15, 2019 to announce Uncle Dave Macon Days Festival. (Insert letters from the City Recorder/Finance Director, Water Resources Board, Risk Manager, Transportation Director, Airport Manager, Fire & Rescue Chief, Parks & Recreation Director and Assistant City Manager here.) Mr. Shacklett 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. Wade made a motion to approve the minutes as written and presented for the regular meeting held on May 17, 2018. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented for approval renewal of Certificates of Compliance for Wine in Retail Stores for Kenneth Martin Knee at Wal-Mart #5182, 2478 New Salem Highway; Chrystal Len Agent-Smit at Wal-Mart #5057, 2900 S. Rutherford Boulevard; and Jules Smith at Kroger #532, 2449 Old Fort Parkway, Kroger #543, 2946 S. Church Street, Kroger #529, 1776 W. Northfield Boulevard, Kroger #539, 2325 Memorial Boulevard, Kroger #564, 2050 Lascassas Pike, and Kroger #521, 1622 Middle Tennessee  June 14, 2018 Page 3 Boulevard. These stores are coming up for renewal, and the applicants have met the City’s requirements. Mr. LaLance made a motion to approve renewal of Certificates of Compliance for Kenneth Martin Knee at Wal-Mart #5182; Chrystal Len Agent-Smit at Wal-Mart #5057; and Jules Smith at Krogers #532, #543, #529, #539, #564 and #521. 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-24 adopted by the City Council on May 10, 2018, to consider a proposed amendment to rezone approximately 5.8 acres along Osborne Lane from Single-Family Residential Fifteen (RS-15) District to Single-Family Residential Ten (RS-10) District; Randy Friedsam, applicant [2018-411]. Notice of said public hearing was published in the May 29, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the applicant’s request to rezone subject property located north of Osborne Lane which consists of the entirety of one parcel and a portion of a second parcel for a total of approximately 5.8 acres. The request to rezone this area to Single-Family Residential Ten (RS-10) District is consistent with the Murfreesboro 2035 Land Use Plan for “Suburban Residential”. Mr. Clyde Roundtree was present. The Planning Commission voted unanimously with five members present to approve this rezoning request. There were no questions from Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 5.8 acres north of Osborne Lane 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-24 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 5.8 acres along Osborne Lane from Single- Family Residential Fifteen (RS-15) District to Single-Family Residential Ten (RS-10) District; Randy Friedsam, applicant [2018-411],” 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  June 14, 2018 Page 4 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-25 adopted by the City Council on May 10, 2018, to consider a proposed amendment to approximately 5.01 acres in the Planned Residential Development (PRD) District located along Conhocken Court (Oak Haven PRD); Courtland Coleman, applicant [2018-413]. Notice of said public hearing was published in the May 29, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the applicant’s request to amend approximately 5.01 acres in the Oak Haven PRD located along the east side of Conhocken Court in order to increase density from 5.2 to 6.2 units per acre for a total of 31 units; minimum square footage increased from 1,056 to 1,835 square feet; 100% masonry to include brick and cementitious siding with trim and soffits only being vinyl; carriage style doors; formal seating area shifted away from neighbors and closer to actual buildings; and fire pit replaced with grills and picnic tables and benches. The proposed plan exceeds the recommended density of the Murfreesboro 2035 Land Use Plan; however, it appears that the Future Land Use Map did not take into consideration the existing zoning entitlement. A neighborhood meeting was well attended. Mr. Randy Caldwell, Ragan Smith & Associates, gave a presentation on the proposed development. Mr. Wes McGill, Project Engineer, addressed solutions related to storm drainage and blasting concerns expressed by the neighbors. The Planning Commission voted unanimously to approve this request. 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 amendment to approximately 5.01 acres in the Oak Haven PRD located along Conhocken Court 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-25 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 5.01 acres in the Planned Residential Development (PRD) District located along Conhocken Court (Oak Haven PRD) as indicated on the attached map; Courtland Colemen, applicant [2018-413]”, was read to the Council and offered for passage on first reading upon motion made by Mr.  June 14, 2018 Page 5 LaLance, 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 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-26 adopted by the City Council on May 10, 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; Cornerstone Development, LLC, applicant [2018-502 and 2018-409]. Notice of said public hearing was published in the May 29, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the annexation request and Plan of Services for approximately 18.75 acres located along Armstrong Valley Road. A corrected map was presented that included additional right-of-way of Armstrong Valley Road. The property is located within the City’s Urban Growth Boundary, and it is contiguous with the existing City Limits. There is an existing single-family home and several accessory structures on the property that fire service cannot be provided to in its current state. The owner, Mr. Harry Minge, has elected to remove the structures prior to second and final reading. If the annexation and zoning are approved tonight on first reading, second reading will be held until Mr. Minge has demolished or moved the existing structures on the property. Sanitary sewer is not currently available to this property but can be extended by the developer, and all other services should be easy to implement on the effective date of annexation. The Planning Commission conducted a public hearing on May 2, 2018 after which they unanimously approved the request. 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 annexation and Plan of Services for an area located along Armstrong Valley Road come forward to the podium. There was no one  June 14, 2018 Page 6 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. The following RESOLUTION 18-R-PS-26 was read to the Council and offered for adoption upon motion made by Mr. Wade, 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-26 here to adopt a Plan of Services for approximately 18.75 acres along Armstrong Valley Road [2018-502]; Cornerstone Development, LLC, applicants.) The following RESOLUTION 18-R-A-26 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-26 here to annex approximately 18.75 acres along Armstrong Valley Road, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2018-502]; Cornerstone Development, LLC, applicant.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning approximately 18.29 acres along Armstrong Valley Road as Single-Family Residential Six (RS-6) District, simultaneous with annexation, and to rezone approximately 44.5 acres along Armstrong Valley Road from Single-Family Residential Eight (RS-8) District to Single-Family Residential Six (RS-6) District; Cornerstone Development, LLC, applicant [2018-409]. Mr. Matthew Blomeley, Assistant Planning Director, presented the applicant’s request for Single-Family Residential Six (RS-6). In 2016, 44.5 acres was rezoned to Single-Family Residential Eight (RS-8) District. Since that time, Mr. Harry Minge’s engineering firm has discovered wetlands on the property that are restricting the total yield. The RS-6 zone provides protections that include 35’ setbacks which provides for four cars in a driveway to meet the minimum requirements for off-street parking spaces. Fire protection in this zone requires a minimum of 75% brick, stone or cementitious siding on each façade of each building with no more than 25% of any façade being comprised of building materials such as  June 14, 2018 Page 7 EIFS, vinyl siding or wood siding. The Future Land Use Map in the Murfreesboro 2035 Comprehensive Plan recommends “Auto-Urban (General) Residential. This category recommends single-family detached or attached residential uses at a density of 3.54 to 8.64 dwelling units per acre. In RS-6 Zone, it is reasonable to expect to get 5-6 lots per acre under ideal conditions; however, because of the wetlands, the concept plan shows approximately 3 dwelling units per acre which is a lower density than what the 2035 Plan recommends. The Planning Commission conducted a public hearing on May 2, 2018 and unanimously recommended approval of this zoning request. Mr. Rob Molchan, SEC, Inc., was present to represent Mr. Harry Minge, developer. 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 approximately 18.29 acres and rezoning of approximately 44.5 acres 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 zoning and rezoning along Armstrong Valley Road and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-26 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 18.29 acres along Armstrong Valley Road as Single-Family Residential Six (RS-6) District, simultaneous with annexation, and to rezone approximately 44.5 acres along Armstrong Valley Road from Single-Family Residential Eight (RS-8) District to Single-Family Residential Six (RS-6) District; Cornerstone Development, LLC, applicant [2018-409],” was read to the Council and offered for passage on first reading, to include the amended map, upon motion made by Mr. LaLance, 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 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-27 adopted by the City Council on May 10, 2018, to consider adoption of a Plan of Services for and annexation of approximately 0.96 acres along Indian Park Drive which have been proposed to be annexed to the City of  June 14, 2018 Page 8 Murfreesboro, Tennessee; Glen Hutchinson, applicant [2018-503]. Notice of said public hearing was published in the May 29, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Marina Rush, Principal Planner, presented the applicant’s request for annexation and Plan of Services for approximately 0.96 acres located along the north side of Glenview Farms Subdivision, north of the terminus of Indian Park Drive. Subject property is undeveloped, and it is within the City’s Urban Growth Boundary with the City boundary contiguous to the south. This annexation is to bring the required Stormwater Detention Facility for the Glenview Farms Subdivision into the City Limits. The Stormwater Facility consists of a public drainage ditch and a detention pond. The Plan of Services and annexation study identified no potential issues with the service delivery for this 0.96 acre. The annexation area is a portion of a 300-acre parcel of which the balance of 299 acres will remain in the unincorporated area of Rutherford County. It is recommended that staff would include to subdivide the 0.96-acre area from the 300-acre parcel and include it in the Glenview Farms Subdivision map. On May 2, 2018, Planning Commission conducted a public hearing and unanimously recommended approval of the annexation, Plan of Services and the Annexation Petition. There were no questions from 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 for and annexation of approximately 0.96 acres along Indian Park Drive come forward to the podium. There was no one present who wished to speak for or against the 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-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 Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PS-27 here to adopt a Plan of Services for approximately 0.96 acres along Indian Park Drive [2018-503]; Glen Hutchinson, applicant.) The following RESOLUTION 18-R-A-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  June 14, 2018 Page 9 Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-27 here to annex approximately 0.96 acres along Indian Park Drive, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2018-503]; Glen Hutchinson, applicant.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-28 adopted by the City Council on May 10, 2018, to consider a proposed amendment to approximately 4.73 acres in the Planned Commercial Development (PCD) District located at 2615 South Rutherford Boulevard (Rutherford Boulevard Self-Storage PCD); Eco-Site, applicant [2018-410]. Notice of said public hearing was published in the May 29, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Marina Rush, Principal Planner, presented the applicant’s request to amend Rutherford Boulevard Self-Storage PCD located along the west side of South Rutherford Boulevard, south of Haven Drive. The property is developed with a multi-self-storage facility, and the applicant is requesting to develop a telecommunications facility for up to three cellular providers as a collocation site. This would include a 160’ tall monopole with mounted equipment, fenced enclosure and landscaping of four Leyland Cypress trees along the east side to block view of it. There are seven parking spaces presently on site; however, five of those will be displaced by the proposed monopole and relocated elsewhere onsite. Additional requirements for development of telecommunication facilities set forth by the Zoning Ordinance in Section 31.E address setbacks, fencing, landscaping, FAA approval, tower lighting and collocation. This proposal complies with the required standards. The Planning Commission conducted a public hearing on May 2, 2018 and unanimously recommended approval of the zoning application. Planning staff and the Assistant Deputy Attorney addressed questions from Council regarding nearby residential homes, height of pole, areas of location and FAA regulations. It was noted that phone data is the driving need for these types of towers, and there will be more of these forthcoming in the future. All requirements have been met by the applicant. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to approximately 4.73 acres in the Planned Commercial Development (PCD) District located at 2615 South Rutherford Boulevard (Rutherford Boulevard Self-Storage PCD) come forward to the podium.  June 14, 2018 Page 10 Mr. Joey Hargis, Attorney for Law Firm Baker, represented Eco-Site. Mr. Bill Perez, RF Engineer for T-Mobile, was present and would be the first tenant on this tower. A submittal packet was provided by Eco-Site to Council as well as a letter from the structural engineer regarding the tower. He noted that FAA does not require lighting on the pole because it is under 200 feet. Mr. Robert Barkley, 215 N. University Street, addressed appearance of the pole and doing something different. There were no others present who wished to speak for or against the proposed amendment to the Rutherford Boulevard Self-Storage PCD and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-28 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 4.73 acres in the Planned Commercial Development (PCD) District located at 2615 South Rutherford Boulevard (Rutherford Boulevard Self-Storage PCD), as indicated on the attached map; Eco- Site, applicant [2018-410],” 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 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-29 adopted by the City Council on May 10, 2018, to consider a proposed amendment to rezone approximately 3.64 acres along Franklin Road and Veterans Parkway from Commercial Fringe (CF) District to Commercial Highway (CH) District; Veterans Commons, GP, applicant [2018-412]. Notice of said public hearing was published in the May 29, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Dianna Tomlin, Principal Planner, presented the applicant’s request to rezone approximately 3.64 acres along Franklin Road and Veterans Parkway to Highway Commercial (CH) District. Earlier in the year, the applicant submitted a site plan for a commercial center and gas station under the current Commercial Fringe (CF) zoning; however, a minimum distance of 200’ was required between a gas station in the  June 14, 2018 Page 11 Commercial Fringe (CF) District and property zoned residential. The applicant applied for a variance from the Board of Zoning Appeals but then withdrew it to request rezoning to Commercial Highway (CF) District which would allow a gas station as a by-right use with no distance requirement beyond the standard minimum setbacks of 42’ on the front, 10’ on the sides, and 20’ on the rear. The Planning Commission held a public hearing on May 2, 2018 after which they unanimously recommended to approve this rezoning request. There were no questions from Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 3.64 acres along Franklin Road and Veterans Parkway to Commercial Highway (CH) 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-29 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 3.64 acres along Franklin Road and Veterans Parkway from Commercial Fringe (CF) District to Commercial Highway (CH) District; Veterans Commons, GP, applicant [2018-412],” 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 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-30 adopted by the City Council on May 10, 2018, to consider a proposed amendment to rezone approximately 8.99 acres along Old Fort Parkway from Commercial Highway (CH) District to Planned Residential Development (PRD) District (Village at Old Fort PRD); Investment Partners, LLC, applicant [2018-403]. Notice of said public hearing was published in the May 29, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the applicant’s request for rezoning property located along the north side of Old Fort Parkway and west of Agripark  June 14, 2018 Page 12 Drive and Makayla Court. In February of this year, the applicant requested rezoning this property to Planned Residential District (PRD) to allow a 192 multi-family residential development, AKA Apartments, but the applicants subsequently withdrew that application and no public hearing was held. They amended the PRD request to allow 143 single-family attached dwelling units also known as townhomes. The proposed development, tentatively named “Village at Old Fort”, would have a density of 15.91 dwelling units per acre. It would include 27 structures, each consisting of four to six units (townhouses). The Program Book details the proposed development. There are some items staff will continue working with the developers on once civil plans are submitted for site plan review. The Planning Commission conducted a public hearing on May 2, 2018. They had several questions and comments regarding the design of this PRD which are noted in the Planning Commission minutes. The Planning Commission voted 4-1 to approve this rezoning request to Planned Residential Develop (PRD) District. Mr. Rob Molchan, SEC, Inc., gave a presentation on the plan. There were no questions from Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 8.99 acres along Old Fort Parkway 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-30 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 8.99 acres along Old Fort Parkway from Commercial Highway (CH) District to Planned Residential Development (PRD) District (Village at Old Fort PRD); Investment Partners, LLC, applicant [2018-403],” 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-31 adopted by the City Council on May 10,  June 14, 2018 Page 13 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; City of Murfreesboro Planning Department, applicant [2018-801]. Notice of said public hearing was published in the May 29, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, reviewed the amendments pertaining to site plan review and minimum parking requirements for outdoor seating areas, commercial centers, and neighborhood shopping centers. The Planning Commission unanimously voted to approve these amendments. 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 Zoning Ordinance pertaining to site plan review and minimum parking requirements for outdoor seating areas, commercial centers, and neighborhood shopping centers 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-31 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; City of Murfreesboro Planning Department, applicant [2018-801],” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, 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 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to the provisions of T.C.A. 6-56-206 and the City Charter, to consider the proposed 2018-2019 City of Murfreesboro Budget. Notice of said public hearing was published in the June 5, 2018 issue of a local newspaper as follows:  June 14, 2018 Page 14 (Insert notice here.) Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed 2018-2019 City of Murfreesboro Budget come forward to the podium. There was no one present who wished to speak for or against the proposed budget and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Shacklett requested that the funding for the Homeless Alliance of Rutherford County (HARC) be increased by $5,000.00 for a total of $20,000.00. Mayor McFarland requested that $100,000.00 be added back to the City Schools Budget for legal fees. All other requested changes were provided in a handout prepared by Ms. Amanda DeRosia, Reporting & Compliance Manager, and are summarized as follows: (Insert table here.) Mayor McFarland requested that the $10 Million earmarked in the Murfreesboro Electric Department (MED) Budget for a future site and new facility be restricted to Council approval for any expenditures from it. The City Recorder/Finance Director said this would be considered at the next meeting when the MED Budget is approved. An ordinance, entitled “ORDINANCE 18-O-33 adopting a budget and appropriations ordinance providing for appropriations out of the general and special funds of the City of Murfreesboro, Tennessee, of certain sums to defray the current, necessary and special expenses of said City for the Fiscal Year 2018-2019, and for other purposes,” and to include an increase of $5,000.00 to Homeless Alliance of Rutherford County (HARC) and $100,000.00 to City Schools for legal fees, was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated June 11, 2018 here with regards to the Certified Tax Rate.) An ordinance setting the tax rate at $0.9494, entitled “ORDINANCE 18-O-34 providing for the levy and collection of a tax for the year 2018 upon all property, real,  June 14, 2018 Page 15 personal and mixed, within and subject to the jurisdiction of the City of Murfreesboro that is now taxable under the laws and Constitution of the State of Tennessee and the Charter of said City, and for the interest and costs to be added to such taxes after certain dates,” 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 RESOLUTION 18-R-10 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-10 here approving the budget of the Murfreesboro Water Resources Department for the Fiscal Year 2018-2019.) The following RESOLUTION 18-R-11 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-11 here approving the budget of the Stormwater Utility Management Fund for the Fiscal Year 2018-2019.) The City Recorder/Finance Director corrected the date from “2109” to “2018” in RESOLUTION 18-R-15. The following RESOLUTION 18-R-15 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance  June 14, 2018 Page 16 Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-15 here to provide other post- employment benefits for retirees for FY 2018-2019.) Mr. Smotherman addressed a 1% salary increase for retirees. The City Recorder/Finance Director indicated she would present this to Findley and bring back information for Council’s review. The following letter of recommendations from the Deputy City Attorney was presented to the Council: (Insert letter dated June 1, 2018 here with regards to authorization to initiate condemnation of Electric easements.) Mr. LaLance made a motion to accept the recommendation of the Deputy City Attorney and authorize Legal staff to initiate condemnation proceedings to acquire electric easements for Murfreesboro Electric Department to commence construction of a two-mile double circuit overhead line from Veterans Parkway substation to Colonial Pipeline Pump Station located west of Veterans Parkway. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated June 7, 2018 here with regards to scheduling public hearings to consider Westlawn PUD Amendment along Veterans Parkway; rezoning along Manchester Pike & Maples Farm Dr (RS-A Type 2); Annexation & Plan of Services /zoning along Saint Andrews Dr & Veterans Pkwy (CF); Annexation & Plan of Services/zoning along Florence Rd (RS-A Type 2, RS-6, CH, CF, & PRD); and Annexation & Plan of Services/zoning (PRD & RS-10) along Bradyville Pk.) The following RESOLUTION 18-R-PH-35 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-PH-35 here to schedule a public hearing for July 19, 2018, to consider amending approximately 19.6 acres in the Planned Unit Development (PUD) District (Westlawn PUD) located along Veterans Parkway [2018-414]; Parks-Harney Investments, applicant.)  June 14, 2018 Page 17 The following RESOLUTION 18-R-PH-36 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-PH-36 here to schedule a public hearing for July 19, 2018, to consider rezoning approximately 5.1 acres along Manchester Pike and Maples Farm Drive from Commercial Highway (CH) District to Single-Family Attached Type-2 (RS-A Type-2) District [2018-416]; The Maples Family General Partnership, applicant.) The following RESOLUTION 18-R-PH-37 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-PH-37 here to schedule a public hearing for July 19, 2018, to consider (1) adoption of a Plan of Services for and annexation of 34.8 acres and (2) zoning of approximately 28.5 acres along St. Andrews Drive and Veterans Parkway to Commercial Fringe (CF) District [2018-504 & 2018-415]; St. Andrews, LLC & City of Murfreesboro, applicants.) The following RESOLUTION 18-R-PH-38 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-PH-38 here to schedule a public hearing for July 19, 2018, to consider (1) adoption of a Plan of Services for and annexation of 85.9 acres (including ROW) along Florence Road, (2) zoning of approximately 84.34 acres (excluding ROW) along Florence Road to Commercial Fringe (CF) District, Single-Family Attached Type 2 (RS-A2) District, Commercial Highway (CH) District, Single-Family Residential Six (RS-6) District, and Planned Residential Development (PRD) District (Windwoods PRD) which have been proposed to be annexed to the City of Murfreesboro, Tennessee, and (3) rezoning of approximately 114 acres along Florence Road from Planned Unit Development (PUD) District to Single-Family Attached Type 2 (RS-A2) District, Single-Family Residential Six (RS-6) District, and Commercial Fringe (CF) District; from Single-Family Residential Ten (RS-10) District to Commercial Fringe (CF) District and Single-Family Attached Type 2 (RS-A2)  June 14, 2018 Page 18 District; and from Single-Family Residential Twelve (RS-12) District to Commercial Fringe (CF) District [2018-505 & 2018-417]; Roy L. Waldron Family Ltd. Partnership, applicant.) The following RESOLUTION 18-R-PH-39 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-PH-39 here to schedule a public hearing for July 19, 2018, to consider (1) Annexation Plan of Services for and annexation of 146.6 acres and (2) zoning of approximately 134 acres along Bradyville Pike to Planned Residential Development (PRD) District (Carter’s Retreat PRD) and approximately 0.1 acre to be zoned Single-Family Residential Ten (RS-10) District, which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2018-501 & 2018-404]; Kenneth S. Carter and Sourceland, LLC, applicants.) The following letter of recommendations from the City Engineer was presented to the Council: (Insert letter dated June 14, 2018 here with regards to Design of St. Andrews Drive, Veteran’s Parkway School Road A & Road C; Construction Contract for Southwest Elementary School Site Grading and Utilities; Kingdom Drive Bridge Development and Construction Agreement; and Construction Contract for Kingdom Drive Roadway Improvements.) Mr. Shacklett made a motion to accept the recommendation of the City Engineer to approve an Agreement with Huddleston-Steele Engineering, Inc. for design of the St. Andrews Drive, Veterans Parkway School Road A and Road C on an hourly basis not to exceed $295,000.00, funded from future bonds or loans. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from Johnson + Bailey Architects was presented to Council: (Insert letter dated June 14, 2018 here with regards to bids for Southwest Elementary School site grading and utilities.) Mr. LaLance made a motion to accept the recommendation of the City Engineer to approve the low bid from Rawso, LLC in the amount of $1,509,547.00, to be funded from future bonds or loans as part of the elementary school construction. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to accept the recommendation of the City Engineer to approve the Kingdom Drive Bridge Development and Construction Agreement with Swanson Development to be funded from Swanson Development ($743,611.00); City of Murfreesboro ($1,508,522.60); and CUD ($286,050.00). Mr. Shacklett seconded the motion and all members of the Council voted “Aye”.  June 14, 2018 Page 19 Mr. LaLance made a motion to accept the recommendation of the City Engineer to approve a Contract with Bell & Associates in the amount of $2,538,183.60, with City’s portion of funding, as outlined in the Bridge Development and Construction Agreement with Swanson Developments, LP, to be $1,508,522.60 funded from previous bond issues for construction of Kingdom Ridge Roadway Improvements. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following RESOLUTION 18-R-16 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: (Insert RESOLUTION 18-R-16 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects and related expenditures for a new elementary school on the southwest side of Murfreesboro and infrastructure related thereto, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) The following letter of recommendations from the Assistant Parks & Recreation Director was presented to the Council: (Insert letter dated June 8, 2018 here with regards to implementation of Mountain Bike Trails at Barfield Crescent Park.) Mr. Nate Williams, Assistant Parks & Recreation Director, presented the recommendation for implementation of mountain bike trails at Barfield Crescent Park. He recognized Mr. Ryan Maloney with Griggs & Maloney, Inc. who gave an overview of the project thus far and some of the environmental considerations that have been look at throughout this process. Mr. Williams requested approval of the purchase of 3.9 acres (202 Hemlock Drive) adjacent to the park to serve as a trailhead and designated parking area for trail users in the amount of $156,000.00; enter into a Cooperative Use Agreement with Southern Off-Road Biking Association “SORBA” in the amount of $275,000.00; and approve an Agreement with Griggs and Maloney, Inc. to serve as Construction Manager for the trail building phase of the mountain bike trail in the amount of $20,500.00. The total approximate cost to implement the mountain bike trail project at Barfield Crescent Park is $451,500.00 to be funded from 2018 Bond Issues. Mr. Williams and Mr. Maloney addressed questions and comments from the Council. Mr. Wade felt the bike trail was a great addition to the City; however, he felt the timing was wrong to spend $500,000.00 when the departments were being asked to cut back. Council in general concurred but felt it is a project that will draw tourism and allow more people to be exposed to and value this natural resource and the preservation of it in our community. Mr. LaLance made a motion to approve the purchase of 3.9 acres at 202 Hemlock Drive; enter in a Cooperative Use Agreement with Southern Off-Road Biking Association  June 14, 2018 Page 20 “SORBA”; and approve an Agreement with Griggs and Maloney, Inc. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”, except Mr. Wade voted “Nay”. The City Recorder/Finance Director presented a “date change” from the Rutherford County Chamber of Commerce for a Special Event Beer Permit issued on January 11, 2018 for June 12, 2018 and requesting to change it to June 21, 2018. The event location will remain the same at 211 Fortress Boulevard from 5:00-7:00 p.m. A Special Event Beer Application was presented for Second Harvest Food Bank of Middle Tennessee, 331 Great Circle Road, to be held at The Avenue Murfreesboro, Courtyard next to Talbots at 2615 Medical Center Parkway. All requirements have been met. Beer Applications were presented for Blaze Pizza, 2314 Medical Center Parkway A-1 (new location) and Murfreesboro Strike & Spare (ownership change), 941 NW Broad Street. Both applications are pending completion of all building and codes inspections. Mr. Wade made a motion to reissue a new Special Event Beer Permit to Rutherford County Chamber of Commerce; approve a Special Event Beer Permit for Second Harvest Food Bank of Middle Tennessee; and approve Beer Permits for Blaze Pizza and Murfreesboro Strike & Spare upon successful completion of all building and codes inspections. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated there were no board or commission appointments to be made. The following statements were presented to the Council with the recommendation of the City Manager and City Recorder/Finance Director their payment be approved: From General Fund: Rutherford County CVB $ 112,815.00 Rehrig Pacific Company 34,082.10 Mr. Smotherman made a motion to approve payment of statements as recommended by the City Manager and City Recorder/Finance Director. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 9:24 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER