City Council

November 1, 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, November 1, 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 Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney David Ives, Deputy City Attorney Melissa Wright, City Recorder/Finance Director Mark Foulks, Fire & Rescue Chief Donald Anthony, Planning Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Austin Cooper, Planner Chris Griffith, City Engineer Gary Whitaker, Assistant City Manager Development & Coordination Darren Gore, Assistant City Manager Utility Enterprise Angela Jackson, Executive Director Community Services Council Member Bill Shacklett introduced Major Joseph Irvin with the Salvation Army and Dr. Bill Kraus, Executive Director of #3ARC, who commenced the meeting with a prayer. Mayor McFarland recognized Girl Scout Troop 3052 from the Barfield Elementary 5th Grade who led those present with the Pledge of Allegiance. The Girl Scouts from Barfield Elementary School, Troop 3052, were present to complete requirements for the Junior Government Merit Badge. Mayor McFarland recognized Daniel Farone with St. Rose Boy Scout Troop 538 who was present to complete requirements for Citizenship in the Community Merit Badge. Members from Leadership Rutherford were present as well as members from Youth Leadership Rutherford. Mr. Greg Tucker, Rutherford County Historian, presented historical facts about Mr. William Doughty who gave up his practice as a lawyer and left his family to join the 35th Indiana Infantry in 1861. He was an aggressive leader who brought his unit to the Stones River Battlefield where he was severely injured and not expected to live. Upon his recuperation, he returned to Indiana and his business for a while but then relocated back to Murfreesboro where he brought an entrepreneurial spirit, enthusiasm for the community and a little capital. He organized the first post war bank, first National Bank of Murfreesboro, and began financing and encouraging the growth of industry and  November 1, 2018 Page 2 manufacturing activity in the area. After two years, he founded the Stones River National Bank and continued to finance local businesses on the square. After turning over the business to his sons, he became a judge and then passed away. He was a Yankee that came to Murfreesboro and put the community on its feet. The Consent Agenda was presented to the Council for approval: 1. Close-out previous rehabilitation of City Hall (Internal Services-Facilities). 2. Mandatory Referral for abandonment of a portion of a drainage easement along DeJarnette Lane [2018-724] (Planning). 3. Mandatory Referral for abandonment of a drainage easement along South Rutherford Boulevard [2018-722] (Planning). 4. Mandatory Referral for abandonment of a portion of a drainage easement along Northwest Broad Street [2018-723] (Planning). 5. Approval to apply for assistance to Firefighters Grant (Fire & Rescue). 6. Extension of Apron Construction/Connector to hangars design only (Airport). 7. CIP Funds Transfer (Finance). 8. Housing Rehabilitation: 433 Jackson Street (Community Development). 9. Purchase of new Aerator Gearbox (Water Resources). 10. Banner request: Girls Scouts of Middle Tennessee August 23-September 2, 2019 (Finance). 11. Banner request: YMCA October 11-21, 2019 (Finance). (Insert letters from the Internal Services-Facilities, Planning (3), Fire & Rescue, Airport, Finance, Community Development and Water Resources here.) Mr. Wade made a motion to approve the Consent Agenda in its entirety. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mr. Shacklett made a motion to approve the minutes as written and presented for the special meeting held on October 18, 2018 and the regular meeting held on October 18, 2018. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Planning Director was presented to the Council: (Insert letter dated November 1, 2018 here with regards to RESOLUTION 18-R-30.) The following RESOLUTION 18-R-30 was read to the Council and offered for adoption upon motion made by LaLance, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None  November 1, 2018 Page 3 (Insert RESOLUTION 18-R-30 here authorizing a flat application fee for annexation requests and revising the application fee for Special Use Permits that are exempt from Board of Zoning Appeals (“BZA”) review and qualify for administrative approval.) The following letter from the Fire & Rescue Chief was presented to the Council: (Insert letter dated November 1, 2018 here with regards to RESOLUTION 18-R-32.) The following RESOLUTION 18-R-32 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-32 here expressing official intent that certain expenditures to be incurred in connection with certain public works projects, and related expenditures to purchase self-contained breathing apparatus (SCBA) firefighter equipment, be reimbursed from proceeds of notes, bonds, or other indebtedness to be issued or incurred by the City of Murfreesboro, Tennessee.) Pursuant to RESOLUTION 18-R-PH-56 adopted by the City Council on September 20, 2018, conduct a public hearing to consider (1) a Plan of Services for and annexation of 39.9 acres and (2) zoning of approximately 39.9 acres along Manson Pike and Manson Court to Planned Unit Development (PUD) District (Shelton Grove PUD) which have been proposed to be annexed to the City of Murfreesboro, Tennessee; Kathleen Lowe, Constantine Evan Douvlis, and Crescent Homes, applicants [2018-514 & 2018-420]. Notice of said public hearing was published in the October 16, 2018 edition of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the Planning Commission’s unanimous vote of 7-0 to approve annexation and Plan of Services for subject area along Manson Pike & Manson Court. This property was brought to Council last December at which time it was deferred until the conditions for providing fire service could be met. Since that time, the applicant requested to amend the PUD zoning plan to allow single-family attached dwellings. Since the annexation was not approved, staff amended the Plan of Services study area to include a strip of property previously left out of the annexation that runs along the northern property line. Planning Commission has interpreted that it is no longer required to leave a 10’ strip of unincorporated area along the northern boundary. There still is the condition of fire service to the property and, if this recommendation is approved on first reading, the second reading would be withheld until the property can be brought up to  November 1, 2018 Page 4 standards either by adding a fire hydrant; increase capacity of driveway by removing trees that line the driveway; or remove the structures. 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 Plan of Services and annexation of approximately 39.9 acres located along Manson Pike and Manson Court come forward to the lectern. There was no one present who wished to speak for or against the proposed Plan of Services and annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 18-R-PS-56 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PS-56 to adopt a Plan of Services for approximately 39.9 acres along Manson Pike and Manson Court [2018-514]; Kathleen Lowe and Constantine Evan Douvlis, applicants.) the following RESOLUTION 18-R-A-56 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-56 here to annex approximately 39.9 acres along Manson Pike and Manson Court, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2018-514]; Kathleen Lowe and Constantine Evan Douvlis, applicants.) Ms. Margaret Ann Green, Principal Planner, presented the Planning Commission’s vote of 7-0 to approve the zoning application for the 39.9 acres located along Manson Court to Planned Unit Development, simultaneous with annexation (Shelton Grove previously referred to as Hardeman Grove). Subject property is located north of Manson Pike and just north of I-840. The property does not have access to I-840. The 39.9 acres includes three parcels and a portion of right-of-way for which there is an abandonment request later in the  November 1, 2018 Page 5 meeting. The zoning request would allow two commercial lots at the corner of the entrance with the remainder of the property consisting of single-family detached residential and single-family attached residential (commonly referred to as townhomes). The plan considered last year, previously under the name of Hardeman Grove, was to allow 160 single-family detached dwellings and two commercial lots; however, the Shelton Grove development is proposing to have 95 detached lots and 118 single-family attached homes for a total of 213 residences which is an increase of 53 dwelling units over the previous plan and the density has changed from 4.3 to 5.7 units per acre. One of the commercial lots has an odd geometry which will be difficult to develop; however, the developer has been put on notice that a variance would not be an option, and they would need to meet the City’s standards. The Comprehensive Plan recommends that this area develop as “Business Park”. The residential use of this property is not consistent with the “Business Park”, but staff believes the commercial lots would be consistent with the plan. Questions at Planning Commission level included how solid waste would be serviced to the townhomes and setbacks for the garages. Ms. Green addressed questions regarding a road connection from Shelton Square to Manson Pike; overall infrastructure of area and effect of increased density on access and traffic on Manson Pike; turn lane in and out of development for townhome aspect of development; units not having garages; and solid waste services to area. Mr. Rob Molchan, SEC, Inc., gave a detailed presentation from the Revised Program Book on this project and answered 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 to Planned Unit Development (PUD) District come forward to the lectern. There was no one present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-56 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 39.9 acres along Manson Pike and Manson Court as Planned Unit Development (PUD) District (Shelton Grove PUD), simultaneous with annexation; Crescent Homes, applicant [2018-420],” was read to the Council and offered for passage on first reading. Mr. LaLance felt there were too many unanswered questions with infrastructure, cost to develop road, increased density and changes to the 2035 Land Use Plan and recommended going back to the original plan but not with the proposed increased density.  November 1, 2018 Page 6 Mr. Molchan suggested that this request be deferred to allow them to meet with staff to develop a compromise between the original plan and the revised plan. Mr. Smotherman made a motion to defer first reading on ORDINANCE 18-OZ-56. 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-57 adopted by the City Council on September 20, 2018, to consider a proposed amendment to approximately 33.3 acres in the Planned Residential Development (PRD) District (Generals Landing PRD) located along West Thompson Lane; Blue Sky Construction, applicant [2018-427]. Notice of said public hearing was published in the October 16, 2018 edition of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the Planning Commission’s recommendation to approve an amendment to the 33.3 acres in the General’s Landing PRD along West Thompson Lane with a vote of 7-0. The developer wishes to make three modifications to the PRD: Replace trash compactor with individual trash containers which would be kept in the homeowner’s garage and rolled to the curb on trash collection day; 2) replace trash compactor with a recycling center; and replace individual mail boxes with a central mail kiosk. There was discussion regarding the change from a dumpster to a solid waste collection system for this area. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to Generals Landing PRD come forward to the lectern. There was no one present who wished to speak for or against the proposed amendment and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-57 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 33.3 acres in the Planned Residential Development (PRD) District (Generals Landing PRD) located along West Thompson Lane; Blue Sky Construction, applicant [2018-427],” was read to the Council and offered for passage on first reading. Council and staff discussed developing a waste collection policy for single-family attached developments. Mr. LaLance made a motion to defer ORDINANCE 18-OZ-57 on first reading. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”.  November 1, 2018 Page 7 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-58 adopted by the City Council on September 20, 2018, to rezone approximately 204 acres located south of John Bragg Highway from Single-Family Residential Fifteen (RS-15) District to Single-Family Attached, Suburban Townhouse (RS-A Type 2) District (approximately 26 acres), Single-Family Residential Six (RS-6) District (approximately 140 acres), and Single-Family Residential Ten (RS-10) District (approximately 38 acres); Larry Elliott, applicant [2018-426]. Notice of said public hearing was published in the October 16, 2018 edition of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the Planning Commission’s unanimous vote of 7-0 to rezone this area as requested by the applicant. The Comprehensive Plan recommends that the property develop as Suburban Residential which is a lower density, single-family residential use. There are a couple of projects on the Major Transportation Plan that will impact this property. The extension of Haven Drive, east-west connector, from South Rutherford Boulevard to subject property, and Irby Lane connector, Bradyville Pike to John Bragg Highway. The developer will be required to dedicate right-of- way and construct those improvements as it relates to his property. Mr. Clyde Rountree was present to represent the applicant. 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 rezoning of approximately 204 acres located south of John Bragg Highway to Single-Family Attached, Suburban Townhouse (RS- A Type 2) District (approximately 26 acres), Single-Family Residential Six (RS-6) District (approximately 140 acres), and Single-Family Residential Ten (RS-10) District (approximately 38 acres) come forward to the lectern. 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-58 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 204 acres located south of John Bragg Highway from Single-Family Residential Fifteen (RS-15) District to Single-Family Attached, Suburban Townhouse (RS-A Type 2) District (approximately 26 acres), Single-Family Residential Six (RS-6) District (approximately 140 acres), and Single-Family Residential Ten (RS-10) District (approximately 38 acres); Larry Elliott, applicant [2018-426],” was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Martin. Upon roll call said ordinance was passed on first reading by the following vote:  November 1, 2018 Page 8 Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin 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-59 adopted by the City Council on September 20, 2018, to consider a proposed amendment to rezone approximately 29.44 acres along Buffalo River Drive from Single-Family Residential Twelve (RS-12) District to Planned Residential Development (PRD) District (The Gardens at Three Rivers PRD) and to amend the existing Three Rivers PRD; Achiever Development, applicant [2018-428]. Notice of said public hearing was published in the October 16, 2018 edition of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Planning Director, presented the Planning Commission’s unanimous vote of 7-0 to approve the rezoning request. The 22.51-acre parcel is already zoned PRD which is part of the Three Rivers PRD. If the proposed rezoning is approved, the 22.51-acre parcel and the 6.93-acre parcel would become part of a new planned development tentatively call “The Gardens at Three Rivers”. The proposed development would consist of 151 dwelling units, 70 of which would be zero-lot line single-family units and the remaining 81 would be single-family attached townhouses. The overall density would be 5.13 dwelling units per acre. The Murfreesboro 2035 Land Use Plan recommends Auto-Urban (General) Residential and Suburban Residential. Mr. Rob Molchan, SEC, Inc., gave a presentation on the details of the Program Book. 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 rezoning along Buffalo River Drive to Planned Residential Development (PRD) District (The Gardens at Three Rivers PRD) come forward to lectern. 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-59 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 29.44 acres along Buffalo River Drive from Single-Family Residential Twelve (RS-12) District to Planned Residential Development (PRD)  November 1, 2018 Page 9 District (The Gardens at Three Rivers PRD) and to amend the existing Three Rivers PRD; Achiever Development, applicant [2018-428],” 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 Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Principal Planner was presented to the Council: (Insert letter dated November 1, 2018 here with regards to Mandatory Referral for Abandonment of a portion of Manson Court/Manson Pike right-of-way [2018-701].) Ms. Margaret Ann Green, Principal Planner, requested that this item be taken off the agenda due to the zoning for Manson Pike and Manson Court being deferred earlier in the meeting. The following letter from the Planning Department Planner was presented to the Council: (Insert letter dated November 1, 2018 here with regards to scheduling a public hearing for Annexation Progress Reports.) Mr. Shacklett made a motion to schedule a public hearing for December 6, 2018 to consider Annexation Progress Reports effective six months after annexation for Veterans Parkway & Old Salem Road; Veterans Parkway; Blackman Road & Lyle McDonald Court; Rack Court; New Salem Highway & Armstrong Valley Road; Bradyville Pike; Manson Pike, Elam Road; 4536 Veterans Parkway; 4526 Veterans Parkway; Compton Road; Roxburghe Court; Osborne Lane; Blackman Road and Foxfire Court. Mr. Martin seconded the motion and all members of the Council voted “Aye” except Mr. LaLance voted “Abstain”. The following letter from the Assistant City Manager, Development and Coordination, was presented to the Council: (Insert letter dated November 1, 2018 here with regards to Abandonment of Right-of-Way and Sale of Remnant Parcel to New Vision Baptist Church.) Mr. LaLance made a motion to approve abandonment of right-of-way for 2.33 acres subject to review and approval of the City Attorney. Mr. Martin seconded the motion and all members of the Council voted “Aye”. Mr. Shacklett made a motion to approve the sale of a 2.33-acre remnant parcel to New Vision Baptist Church in the amount of $45,000.00, subject to review and final  November 1, 2018 Page 10 approval of the City Attorney. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated November 1, 2018 here with regards to Construction Testing for Southwest Elementary School Project.) Mr. Shacklett made a motion to approve a Construction Materials Testing Contract with TTL, Inc. in the amount of $102,554.00, funded from a future bond issue. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated November 1, 2018 here with regards to Middle Tennessee Boulevard Change Order No. 2.) Mr. Smotherman made a motion to approve Change Order No. 2 with Jarrett Builders, Inc. in the amount of $175,000.00, increasing the contract to $15,986,860.00. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the City Engineer was presented to the Council: (Insert letter dated November 1, 2018 here with regards to Kingdom Drive Roadway Improvements Change Order No. 1.) Mr. LaLance made a motion to approve Change Order No. 1 with Bell & Associates Construction, LP in the amount of $28,400.00, increasing the contract to $2,566,584.00, (Developer and City sharing the funding with City’s portion for construction being $1,508,523.00 funded from 2016 Bond Issue). Mr. Martin 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 November 1, 2018 here with regards to a Beer Permit Application for Real Azteca Grill.) Mr. Wade made a motion to approve a Beer Permit for Real Azteca Grill, 179 Mall Circle Drive (Ownership/Name Change), upon successful completion of all building and codes inspections. Mr. Martin seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated there were no appointments to be made. A recommendation for future appointments to the Risk Management Committee would be presented at the next meeting. The City Recorder/Finance Director indicated there were no statements to be considered for payment.  November 1, 2018 Page 11 Under other business, the City Manager submitted dates to consider for Council meetings in November and December due to holidays. There being no further business, Mayor McFarland adjourned this meeting at 9:30 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER