City Council

July 26, 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, July 26, 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 Adam Tucker, Interim City Attorney David Ives, Deputy City Attorney Melissa Wright, City Recorder/Finance Director Matthew Blomeley, Acting Planning Director Darren Gore, Water Resources Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Vice-Mayor Madelyn Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. The Consent Agenda was presented to the Council for approval: 1. Planning: Mandatory Referral for Drainage Easement Abandonment west of Folcroft Drive [2018-714]. 2. Planning: Mandatory Referral for Drainage Easement Abandonment south of Robert Rose Drive [2018-710]. 3. Planning: Mandatory Referral for Abandonment of Sanitary Sewer and Water Line Easement south of East Main Street [2018-713]. 4. Planning: Mandatory Referral for Drainage Easement Abandonment south of Manson Pike [2018-712]. 5. Police: Contract Amendment (3rd) with Gemini Communications for Communications Systems and Electronic Equipment Installation, Monitoring, Maintenance & Repair Services. 6. Police: Acceptance of FY17 Edward Byrne Memorial Justice Assistance Grant (JAG). (Insert letters from the Planning and Police Departments here.) Mr. Smotherman made a motion to approve the Consent Agenda in its entirety. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-OZ-35 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 19.6 acres in the Planned Unit Development (PUD) District (Westlawn PUD) located along Veterans Parkway as indicated on the attached map; Parks-Harney Investments, applicant [2018-414],” which  July 26, 2018 Page 2 passed first reading on July 19, 2018 was read to the Council and offered for passage on second and final reading. Mr. Matthew Blomeley, Acting Planning Director, noted that the motion to approve said ordinance on first reading at the July 19, 2018 Council meeting was subject to removal of liquor store and soap manufacturing from the permitted uses in the Pattern Book. The Pattern Book is in the process of being revised, and the request for approval on second and final reading would be subject to the same conditions. Mr. Wade made a motion to approve said ordinance on second and final reading, subject to staff comments. Mr. Smotherman seconded the motion. Upon roll call said ordinance was passed on second and final reading by the following voted: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-35 here.) An ordinance, entitled “ORDINANCE 18-OZ-36 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 5.1 acres along Manchester Pike and Maples Farm Drive from Commercial Highway (CH) District to Single-Family Attached Type-2 (RS-A Type-2) District; The Maples Family General Partnership, applicant [2018-416],” which passed first reading on July 19, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-36 here.) An ordinance, entitled “ORDINANCE 18-OZ-37 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 28.68 acres along Saint Andrews Drive and Veterans Parkway as Commercial Fringe (CF) District, simultaneous with annexation; City of  July 26, 2018 Page 3 Murfreesboro, applicant [2018-415],” which passed first reading on July 19, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-37 here.) An ordinance, entitled “ORDINANCE 18-OZ-38 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 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 to rezone 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 (CF) District; from Single-Family Residential Ten (RS-10) District to Commercial Fringe (CF) District and Single-Family Attached Type 2 (RS-A2) District; and from Single-Family Residential Twelve (RS-12) District to Commercial Fringe (CF) District; Roy L. Waldron Family Ltd. Partnership, applicant [2018-417],” which passed first reading on July 19, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-38 here.) An ordinance, entitled “ORDINANCE 18-OZ-39 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  July 26, 2018 Page 4 in force and effect to zone approximately 134 acres along Bradyville Pike as Planned Residential Development (PRD) District (Carter’s Retreat PRD) and approximately 0.1 acre to be zoned Single-Family Residential Ten (RS-10) District, simultaneous with annexation; SourceLand, LLC, applicant [2018-404],” which passed first reading on July 19, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, 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 on second and final reading is as follows: (Insert ORDINANCE 18-OZ-39 here.) The following letter from the Water Resources Director was presented to Council: (Insert letter dated July 26, 2018 here with regards to retirement of Compton Road Sanitary Sewer Special Assessment District.) An ordinance, entitled “ORDINANCE 18-O-43 amending the Murfreesboro City Code, Chapter 33-Water and Sewers, Section 33-200, regarding the Compton Road Sanitary Sewer Special Assessment District,” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the City Manager’s Office was presented to the Council: (Insert letter dated July 26, 2018 here with regards to modification to ordinances pertaining to Electric and Water Resources Department.) An ordinance, entitled “ORDINANCE 18-O-47 amending the Murfreesboro City Code, Chapter 2-Administration, Chapter 11-Electricity, and Chapter 33-Water and Sewers to implement organizational restructuring of City departments,” was read to the Council and offered for passage on first reading upon motion made by Mr. 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  July 26, 2018 Page 5 Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the City Manager’s Office was presented to the Council: (Insert letter dated July 26, 2018 here with regards to Resolution establishing regular City Council meeting dates.) The following RESOLUTION 18-R-23 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, 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-23 here establishing the time of City Council meetings.) The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated July 26, 2018 here with regards to Retail Liquor Certificate of Compliance Renewal for Greenland Liquor and Beer at 1415 Greenland Drive.) The City Recorder/Finance Director stated that this Certificate of Compliance for Arvindkumar Patel was just issued last year but, because the State put in the 1,500’ distance requirement, it is coming back before Council as a renewal. Once the effective date of August 3, 2018 has occurred for the changes made on second reading on July 19, 2018 for ORDINANCE 18-O-42 amending Chapter 4-Alcohol, this application will be in compliance. Mr. Wade made a motion to approve renewal of a Retail Liquor Certificate of Compliance for Arvindkumar Patel at Greenland Liquor and Beer, 1415 Greenland Drive, effective August 3, 2018. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the City Recorder/Finance Director was presented to the Council: (Insert letter dated July 26, 2018 here with regards to a Beer Permit Application for 219 Broad St. Mixed Cuisine.) The City Recorder/Finance Director stated that this application was previously presented; however, during the process of the codes inspections, it was discovered that the application name of the business was incorrect omitting “219”. This application is being resubmitted for approval under the correct name of “219 Broad St. Mixed Cuisine”. The permit will be issued upon successful completion of all building and codes inspections.  July 26, 2018 Page 6 Mr. LaLance made a motion to approve a Beer Permit for 219 Broad St. Mixed Cuisine (ownership/name change), 219 NW Broad Street, subject to successful completion of all required building and codes inspections. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated that there were no board or commission appointments to be made. The City Recorder/Finance Director indicated there were no statements to be considered for payment. Under other business, Mr. Shacklett announced that the Main Street Organization will host the “Taste of Rutherford” fundraiser ($50.00) on Saturday, July 28, 2018, at 746 East Main Street from 7-10:00 p.m. Mayor McFarland announced that early voting ends Saturday, July 28, 2018, and the election is Thursday, August 2, 2018. Vice-Mayor Scales Harris extended birthday wishes to Council Member Bill Shacklett. There being no further business, Mayor McFarland adjourned this meeting at 7:19 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER