City Council

August 23, 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, August 23, 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 Adam Tucker, Interim City Attorney David Ives, Deputy City Attorney Melissa Wright, City Recorder/Finance Director Donald Anthony, Planning Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Gary Whitaker, Assistant City Manager/ Economic Development Director Darren Gore, Assistant City Manager/ Utility Enterprise Director Sam Huddleston, Executive Director/ Development Services Ron Dennis, Facilities Superintendent Robert Holtz, Building & Codes Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Bill Shacklett introduced Ms. Cathy Ferrell with the American Red Cross of Rutherford County who briefly described the functions of the organization and then commenced the meeting with a prayer followed by Boy Scouts Evan and Wyatt Andrews, Troop 441, Christiana, Tennessee, who led those present with the Pledge of Allegiance. Mayor McFarland recognized Boy Scouts Evan and Wyatt Andrews who were present to complete requirements for Citizenship in the Community Merit Badge. Mr. Greg Tucker, Rutherford County Historian, presented historical facts on events surrounding the shooting and trial of the Murfreesboro Police Chief and Rutherford County Chief Deputy back in 1910. The Consent Agenda was presented to the Council for approval: 1. Parks & Recreation: Playground Resurfacing through US Communities Cooperative Purchasing Program. 2. Fire & Rescue: CPSE Technical Advisor Program Professional Service Agreement. 3. Water Resources: State Chemical – Sole Source Purchase. 4. Water Resources: Corrosion Transmitters. 5. Water Resources: Vehicle Purchase for the Stones River Water Treatment Plant. 6. Water Resources: Water/Wastewater Mechanical/Electrical Services Contract Change Order No. 1.  August 23, 2018 Page 2 7. Water Resources: Stones River Water Treatment Plant Emergency Lagoon Repairs. 8. Water Resources: Walter Hill Dam Rehabilitation. 9. Water Resources: Asphalt Purchases Report. 10. Senior Center: Letter of Agreement: Direct Appropriation Grant for Governmental Entities. (Insert letters from the Parks & Recreation, Fire & Rescue, Water Resources and St. Clair St. Senior Center here.) Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Wade 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 meetings held on July 19, 2018 and July 26, 2018. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-O-48 amending the Murfreesboro City Code, Chapter 7, Buildings, Section 7-12, International Residential Code-Amended,” which passed first reading on August 16, 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-O-48 here.) Mayor McFarland asked Vice-Mayor Scales Harris to take the chair as he had a conflict with the next agenda item pertaining to a public hearing for property at South Church Street and Olive Street. Mayor McFarland left the Chamber. Vice-Mayor Scales Harris announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-44 adopted by the City Council on July 19, 2018, to consider rezoning approximately 0.17 acres located along North Church Street and Olive Street from Residential Multi-Family Twelve (RM-12) District to Planned Residential Development (PRD) District (The Flats at Olive Street); Shane McFarland Construction, LLC, applicant [2018-418]. Notice of said public hearing was published in the August 7, 2018 issue of a local newspaper as follows: (Insert notice here.)  August 23, 2018 Page 3 Ms. Margaret Ann Green, Principal Planner, presented the applicant’s request to construct two separate family structures on one lot of record with the following exceptions to the PRD zone: Minimum building setback lines to allow the structures to be up to 4’ from the front lot lines and 5’ from the side property lines; minimum number of required parking spaces; requirement for perimeter planting yards; and increase in density from 12 to 23.5 dwelling units per acre. Surrounding properties are mostly multi-family and office general- residential. The proposed development is consistent with The Murfreesboro 2035 Land Use Plan for Auto-Urban (General) Residential Character. All units will be for purchase through a horizontal property regime; and have a HOA that is managed by a third-party association. Structures will be 4-story; living space 1,700-2,400 square feet with a minimum of 2 bedrooms; and minimum 2-car garage restricted to vehicular parking. The applicant addressed the Planning Commission’s request to improve facades on the front of structures on Olive Street which has been done with windows; shutters are decorative; and gate added to fence along north side of property to prevent pedestrian traffic. These have been made part of the Program Book. The applicant did not want to restrict the development to “owner- occupied” only as he felt the price point is high enough that these would not rent cheaply in the downtown area. Mr. Matt Taylor, SEC, Inc., gave a presentation on the details of the plan and answered questions from Council. Vice-Mayor Scales Harris then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning along Olive Street and North Church Street to Planned Residential Development (PRD) District (The Flats at Olive Street) come forward to the lectern. Mr. Scott Trover, 110 Olive Street, was opposed to this development as it is out of character with the neighborhood and parking would be a nightmare due to these streets being so narrow. Mr. Evan Frizzell, 533 East College Street, acquired the former log home of Ms. Christine Huddleston at 501 North Church Street which is directly across from the proposed rezoning request. The neighborhood area in this part of the downtown is composed largely of one and two-story houses with some government buildings. He felt the proposed change in zoning is incompatible with the existing homes. Traffic is a major concern as well as the addition of more cars competing for the already crowded on-street parking. There were no others present who wished to speak for or against the proposed rezoning and, after ample time had been given, Vice-Mayor Scales Harris declared the public hearing closed.  August 23, 2018 Page 4 Council and staff discussed the density of this development, traffic, on-street parking, narrowness of Olive Street, infrastructure and future improvements of cross streets in the downtown area. An ordinance, entitled “ORDINANCE 18-OZ-44 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 0.17 acres along North Church Street and Olive Street from Residential Multi-Family Twelve (RM-12) District to Planned Residential Development (PRD) District (The Flats at Olive Street); Shane McFarland Construction, LLC, applicant [2018-418],” 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 Not Present: Shane McFarland Nay: None Mayor McFarland returned and resumed the chair. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-45 adopted by the City Council on July 19, 2018, to consider 1) Annexation Plan of Services and annexation petition for approximately 2.29 acres and 2) zoning of approximately 2.29 acres located along Blaze Drive to Single- Family Attached, Type 2 (RS-A2) District, simultaneous with annexation [2018-506 & 2018- 422]. Notice of said public hearing was published in the August 7, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the applicant’s request for annexation and a Plan of Services for approximately 2.29 acres along the northeast side of Blaze Drive. The Preserve at Indian Creek is located to the north of subject property, and the Blackman Farm Subdivision is located to the south, both of which are in the City Limits. The Deerfield Subdivision is to the east of subject property and located in the County. Annexation will be easy to effect as utilities are available to serve subject property. The right-of-way is in the City Limits. The Fire Department has indicated services cannot be provided to an existing barn on the property and would have to be removed before the effective date of annexation. If first reading is passed on the zoning portion of the request, the second and final reading would be held until confirmation has been received that the  August 23, 2018 Page 5 barn is down. It was also noted that there was confusion at the Planning Commission public hearing regarding the accurate location of the Floodplain and Floodway. It was discovered that the map had an outdated Floodplain layer; however, the Plan of Services has been updated prior to this meeting illustrating the correct Floodplain boundaries. The revised Floodplain boundary illustrates a small portion of the subject property being in the Floodway instead of the entire frontage of the property. Development can occur in the Floodplain provided compliance is met with the City’s Floodplain Management Ordinance. 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 for approximately 2.29 acres located along Blaze Drive come forward to the lectern. Ms. Danielle Nadeau, 375 Campfire Drive, stated there is a lot of area that may not be effective because of it being in the 100-year Floodplain that clearly holds water on a regular basis, and there may be some sinkholes. She formerly worked for a geotechnical firm and requested that Council deny the request for annexation. Mr. Correy Brown, 3819 Blaze Drive, opposed the annexation and requested that this area remain as green space due to drainage issues on the property and changing the atmosphere around his home. There were no others present who wished to speak for or against the proposed Plan of Services and annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. Council and Staff discussed the issues of drainage and access. It was noted that the Plan of Services and annexation will only become effective if the zoning is passed. The following RESOLUTION 18-R-PS-45 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-PS-45 here to adopt a Plan of Services for approximately 2.29 acres along Blaze Drive [2018-506]; Hope and Bo O’Brien, applicants.) The following RESOLUTION 18-R-A-45 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:  August 23, 2018 Page 6 Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-45 here to annex approximately 2.29 acres along Blaze Drive, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2018-506]; Hope and Bo O’Brien, applicants.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing with regards to zoning approximately 2.29 acres located along Blaze Drive to Single-Family Residential Attached (RS-A2) District, simultaneous with annexation. Mr. Matthew Blomeley, Assistant Planning Director, presented the applicant’s zoning request for property just considered for annexation on the northeast side of Blaze Drive. Single-Family Residential Attached (RS-A2) District permits a maximum density of twelve dwelling units per acre. The 2.29 acres could achieve 27 units; however, there is not a plan to know how many units could be developed. The ordinance requires that exterior materials consist of a minimum of 75% brick, stone, or cementitious siding on each building façade and must meet minimum open space and formal open space requirements. The Future Land Use Map in the Murfreesboro 2035 Comprehensive Plan recommends the property be developed as “Park/Open Space” which is described as “all existing municipal parks, outdoor recreation areas and open spaces that have been committed to public or private enjoyment and recreational pursuits.” Development types include “public parks and open spaces, pubic recreation areas, and public or private lands within Floodplain or Stormwater Management areas that are generally unsuitable for development.” According to the Comprehensive Plan, the only existing City zoning district that is compatible with the Park/Open space designation is Park (P). It is uncertain as to why the plan recommends this use for this parcel. The City does not own the parcel, and there are no plans for the City to purchase the property for a public park. A portion of the property is located within the Floodplain, but this alone does not render the property unsuitable for development. Council will need to determine if this is an appropriate instance to deviate from the Future Land Use Map. The Planning Commission conducted a public hearing on July 11, 2018 and recommended approval of the zoning request by a vote of 3-1. Mr. Jack Parker, Catalyst Design Group, was present. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 2.29 acres along Blaze Drive to Single-Family Attached, Type 2 (RS-A2) District, simultaneous with annexation, come forward to the lectern.  August 23, 2018 Page 7 Ms. Danielle Nadeau, 375 Campfire Drive, stated that her property adjoins this property on the east side. They just purchased their home from the O’Briens because of green space, neighborhood, large yards and serene nature while still having the convenience of everything inside the City. She works in construction and does a lot of drainage repairs currently. She has observed drainage areas and easements on this property and has a lot of concerns from her perspective. Many of the subdivisions have areas that drain into subject parcel and then to Puckett Creek. The Floodway and Floodplain appear quite low. The only access to this property for 27 townhomes would be through a flood area. There appear to be sink holes. The 2035 Comprehensive Plan designates this as a Park area and, even though the City may not be planning to purchase this property, the definition does state it can be private land and we, as a City, need more green space. She requested to remain with the current use plan. Other concerns were surrounding area being single-family and this development impacting a great number of people in the neighborhood. There is no site plan, and she requested that this zoning request be deferred. Council needs to make a site visit. Mr. Correy Brown, 3819 Blaze Drive, had concerns with the drainage issues and how this development will impact relocation of the water. Mr. Jack Parker, Catalyst Design Group, indicated a study has been done on the property and only 7-8 units per acre would be able to be developed because of the narrowness of the property. This development will have to comply with Stormwater regulations that have been set forth by the Engineering Corp. The intent would be to route any drainage from offsite around the development and down into the Floodplain and into Puckett Creek which would have to be approved by the Engineering Department. The townhome regulations are very well written and require a high percentage of quality materials for these units. There is a parking requirement of 1.1 spaces per bedroom which will also affect the number of units based on the limited amount of space for parking. Due to the amount of Floodplain on this property, there is going to be an amount of undisturbed open space at the end of the development of the property. Zoning regulations also require a certain amount of open space for a townhome development. He respectfully requested consideration and approval of this rezoning. There were no others present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled ORDINANCE 18-OZ-45 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  August 23, 2018 Page 8 in force and effect to zone approximately 2.29 acres along Blaze Drive as Single-Family Attached, Type 2 (RS-A2) District, simultaneous with annexation; Catalyst Design Group, applicant [2018-422],” was read to the Council and offered for passage on first reading. Mr. Smotherman stated he voted against this zoning request at Planning Commission because he felt there should be more information when someone is presenting a project that has such limited space. This development should be a PRD where the total development is detailed as to access, egress, and water mitigation across the front of property. He has concerns when 1/3 of the property is in the Floodplain, and that is the only way in and out of the property. Mr. LaLance felt it should be a PRD and could not vote in favor of this request. Mr. LaLance made a motion to deny the zoning request. 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-46 adopted by the City Council on July 19, 2018, to consider amending approximately 5.02 acres in the Sunset Ridge PRD located along Warmingfield Drive [2018-419]; O’Brien Loyd, LLC, applicant. Notice of said public hearing was published in the August 7, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the applicant’s request to modify that portion of the Sunset Ridge PRD called the “Villas in Del Sol” to better suit his vision for the development. These include: 25’ wide landscape buffer changed to standard 10’ wide Type B Buffer; white PVC fence around perimeter of site changed to PVC privacy fences installed around the back patios of each unit; decorative street lights and street signs changed to standard Murfreesboro Electric Department street lights and City of Murfreesboro street signs. The Planning Commission requested that the white PVC fence around the patios be changed to earth tone color. The Planning Commission conducted a public hearing on July 11, 2018 and unanimously voted to recommend its approval. Mr. Clyde Rountree, Huddleston-Steele Engineering, Inc., was present to represent Mr. Chip Loyd, developer. Staff addressed questions regarding the buffer and density. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to approximately 5.02 acres in the Sunset Ridge PRD come forward to the lectern. 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.  August 23, 2018 Page 9 Mr. Chip Loyd, 1980 Old Fort Parkway, addressed questions from the Council regarding modifications. An ordinance, entitled “ORDINANCE 18-OZ-46 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 5.02 acres in the Planned Residential Development (PRD) District (Sunset Ridge PRD) located along Wamingfield Drive; O’Brien Loyd, LLC, applicant [2018-419],” 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 Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Staff Planner was presented to the Council: (Insert letter dated August 23, 2018 here with regards to Mandatory Referral for the abandonment of a small portion of Williams Drive right-of-way [2018-711].) Ms. Margaret Ann Green, Staff Planner, stated that the Planning Commission held a public hearing on August 1, 2018 and approval was conditioned as follows: 1) Applicant will be responsible for providing the City Legal Department with any necessary documentation to prepare the quitclaim deed. In addition, the applicant will be responsible for recording the quitclaim deed. 2) A plat depicting the abandonment and relocation of the subject property must be recorded. 3) Utility easements must be dedicated, as needed, to accommodate any existing utilities, including water and sewer mains. The Planning Commission voted 4-0 to approve this request. Mr. Shacklett made a motion to approve a Mandatory Referral for the abandonment of a small portion of Williams Drive right-of-way subject to applicant complying with conditions as stated. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Staff Planner was presented to the Council: (Insert letter dated August 23, 2018 here with regards to Mandatory Referral for allowing a private utility to cross beneath public rights-of-way within Shelton Square Subdivision [2018-715].) Ms. Margaret Ann Green, Staff Planner, stated that the Planning Commission voted to approve this recommendation on August 15, 2018 and, if approved by the City Council, the applicant would be responsible for providing the information necessary for the Legal Department to prepare the legal documents for the easement abandonment as well as for  August 23, 2018 Page 10 recording those documents; provide a detailed irrigation plan that demonstrates no conflicts with other public utilities; and provide an as-built plan after the construction is complete. Mr. Wade made a motion to approve a Mandatory Referral to allow a private utility to cross beneath public rights-of-way within Shelton Square Subdivision, subject to the applicant complying with conditions as stated. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the next item, regarding City Hall Garage Camera System Installation, had been withdrawn. The City Recorder/Finance Director indicated there were no Beer Permit Applications to consider. Mayor McFarland indicated there were no boards 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. Gary Whitaker, Assistant City Manager/Economic Development, presented the following letter: (Insert letter dated August 23, 2018 here with regards to abandonment of unnecessary easement on City-owned property in the Gateway.) Mr. Smotherman made a motion to approve the abandonment of a Repurified Waterline Easement and a Sanitary Sewer Easement on City-owned property in the Gateway. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. Craig Tindall, City Manager, announced that Mr. Darren Gore has been promoted to Assistant City Manager who will be the Director over the Utility Services Division which will include Water Resources Department, Murfreesboro Electric (MED) Department, Murfreesboro Municipal Airport and Solid Waste Department. There being no further business, Mayor McFarland adjourned this meeting at 8:45 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER