City Council

November 29, 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 29, 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 Gary Whitaker, Assistant City Manager Development & Coordination 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 Marina Rush, Principal Planner Diana Tomlin, Principal Planner Jim Kerr, Jr., Transportation Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Ronnie Martin commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland recognized Youth Leadership Rutherford. Ms. Pam Russell, Human Resources Director, recognized STARS Award recipient Tommy Miller, Mechanic with Fleet Services, who assisted the Murfreesboro Fire & Rescue Units with dismantling the mulching machine that caught on fire. His extensive knowledge and expertise of this piece of equipment assisted in extinguishing the fire in an effective and efficient manner. Mayor McFarland presented a plaque recognizing Mr. Miller for his ability to represent the best of what Murfreesboro City Employees have to offer when they work together as a team. Mr. Miller’s wife and children were also present. Mayor McFarland encouraged everyone to support MTSU in the Conference USA Championship playing the University of Alabama Birmingham on Saturday, December 1, 2018, at 12:30 p.m., Floyd Field. The Consent Agenda was presented to the Council for approval: 1. CIP Funds Transfer (Finance). 2. FY 2019 City Manager approved Budget Amendments (Finance). 3. Unspent/Unallocated Bond Premium and Proceeds (Administration). 4. Mandatory Referral to consider the donation to the City of 3.73 acres at Todd’s Lake southeast of South Rutherford Boulevard [2018-728] (Planning). 5. Acceptance of Bid and Contract approval for Generator Hybrid Trailer with SkyCop (Police).  November 29, 2018 Page 2 6. Interlocal Cooperation Agreement concerning Mounted Patrol Unit within the City (Police). 7. T-Ball League (Parks & Recreation). 8. USTA Rally Cats (Parks & Recreation). 9. Homeschool Winter Science Camp (Parks & Recreation). 10. BOGO Facility Passes (Parks & Recreation). 11. Washington Theatre Rental Fees (Parks & Recreation). 12. Civic Plaza Fees (Parks & Recreation). 13. Vermont Systems Renewal Agreement (Parks & Recreation). 14. Purchase of Uniforms, Clothing and Equipment Items (Police/Fire). 15. Banner Request: Rutherford County Area Habitat for Humanity (October 25- November 4, 2019) (Finance). (Insert letters from Finance (2), Administration, Planning, Police (2), Parks & Recreation (7) and Police/Fire here.) Consent Items 6 and 7 were withdrawn from the Consent Agenda. Mr. Smotherman made a motion to approve the Consent Agenda excluding Items 6 and 7. Mr. Shacklett 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 special meeting held on November 1, 2018 and the regular meeting held on November 14, 2018. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. 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],” which passed first reading on November 1, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Smotherman, 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 Ronnie Martin 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-58 here.)  November 29, 2018 Page 3 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) District (The Gardens at Three Rivers PRD) and to amend the existing Three Rivers PRD; Achiever Development, applicant [2018-428],” which passed first reading on November 1, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. Martin. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Ronnie Martin 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-59 here.) The following letter from the City Recorder was presented to the Council: (Insert letter dated November 29, 2018 here.) Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against a new Certificate of Compliance for Michael Haleem at Beer and Liquor Depot, 2002 East Main Street, come forward to the lectern. There was no one present who wished to speak for or against the new Certificate of Compliance and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Wade made a motion to approve a Certificate of Compliance for Michael Haleem. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Principal Planner was presented to the Council: (Insert letter dated November 29, 2018 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-60 adopted by the City Council on October 18, 2018, to consider amending the zoning of approximately 11.1 acres along Suzanne Landon Drive and Cedar View Drive (Villas at Regal Square PRD) by amending the zoning of approximately 6.1 acres in the Planned Residential Development (PRD) District and rezoning approximately 5 acres from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District [2018-430]; Landquestor, LLC, applicant. Notice of  November 29, 2018 Page 4 said public hearing was published in the November 13, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the Planning Commission’s recommendation with a vote of 7-0. There is a recommendation later in the agenda to abandon a portion of right-of-way to the north of this property. The 11.1 acres includes several parcels which were previously subdivided for a commercial subdivision; however, they were never developed. The applicant feels the townhomes would be an appropriate transition between the commercial node along Memorial Boulevard and single-family detached that exists to the rear of the property. The existing PRD has been increased by 78 units for a total of 105 dwelling units. The overall density has decreased from 10.5 dwelling units per acre to 9.5 dwelling units per acre. Parking will be behind the buildings, and the development is proposed to be served with carts by a private hauler. The applicant has requested a reduced front setback since parking for the development is behind the buildings instead of driveway parking. At Planning Commission, there was a lot of discussion regarding the dog park and the impact on the existing single-family residential development. Planning Commission’s approval was subject to three conditions: 1) The dog park currently within the Cedar View right-of-way be removed; 2) Dog park proposed in the existing PRD be enlarged; and 3) an additional formalized amenity be added in place of the dog park that will be removed. Ms. Green addressed questions regarding the proposed density. She recognized Mr. Clyde Rountree with Huddleston-Steele Engineering who gave a presentation on the various components of the project. It was noted that the formalized amenity will be a bocce ball court. Mr. Larry Gilliland was present to answer questions. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendment to the Villas at Regal Square PRD and rezoning to PRD along Suzanne Landon Drive and Cedar View Drive come forward to the podium. There was no one 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. An ordinance, entitled “ORDINANCE 18-OZ-60 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 zoning of approximately 11.1 acres along Suzanne Landon Drive and Cedar View Drive (Villas at Regal Square PRD) by amending the conditions applicable to approximately 6.1 acres in the Planned Residential Development (PRD) District, as indicated on the attached map, and by rezoning approximately 5 acres from  November 29, 2018 Page 5 Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District; LandQuestor, LLC, applicant [2018-430],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. 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 29, 2018 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-61 adopted by the City Council on October 18, 2018, to consider (1) Adoption of a Plan of Services for and annexation of 113.2 acres and (2) Zoning of approximately 109.1 acres along Veals Road to Single-Family Residential Six (RS-6) District (approximately 18.4 acres); Single-Family Residential Ten (RS-10) District (approximately 85.8 acres); and Single-Family Residential Twelve (RS-12) District (approximately 4.8 acres); Philip McAfee and The Hall Family Real Estate Partnership, LP, applicants [2018-510 & 2018-431]. Notice of said public hearing was published in the November 13, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Dianna Tomlin, Principal Planner, presented the recommendation of the Planning Commission with a vote of 6-1 to approve the Plan of Services and Annexation of approximately 113.2 acres along Veals Road for the development of 246 single-family homes. Sanitary sewer is not available to the study area; therefore, a STEP (Septic Tank Effluent Pumping) System will be utilized instead. 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 along Veals Road come forward to 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-61 to adopt a Plan of Services for approximately 113.2 acres along Veals Road was presented to the Council. Mr. Smotherman had concerns with the County being on both sides of the roadway. The City Attorney was unavailable to address some of those concerns.  November 29, 2018 Page 6 Mr. Smotherman made a motion to defer RESOLUTION 18-R-PS-61 and RESOLUTION 18-R-A-61. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the next item is to conduct a public hearing to consider zoning of 109.1 acres along Veals Road to Single-Family Residential Six (RS-6) District (approximately 18.4 acres), Single-Family Residential Ten (RS-10) District (approximately 85.8 acres), and Single-Family Residential Twelve (RS-12) District (approximately 4.8 acres), simultaneous with annexation; Philip McAfee, applicant [2018- 431]. Ms. Dianna Tomlin, Principal Planner, presented the Planning Commission’s recommendation. The Future Land Use Map in the Murfreesboro 2035 Comprehensive Plan depicts a future land use classification of “Suburban Residential” for the subject area. This development will consist of 246 single-family homes, and it is felt that the overall density is consistent with City’s 2035 Comprehensive Plan. As mentioned, a STEP System will be utilized in the absence of sanitary sewer not being available. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 109.1 acres along Veals Road to RS-6, RS-10 and RS-12 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. Mr. Smotherman made a motion to defer first reading on ORDINANCE 18-OZ-61 to zone an area along Veals Road. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Principal Planner was presented to the Council: (Insert letter dated November 29, 2018 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider an amendment to approximately 22.5 acres in the Planned Residential Development (PRD) District located along New Salem Highway (Bell Tower Apartments PRD); Bell Tower Investment, LLC, applicant [2018-432]. Notice of said public hearing was published in the November 13, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Marina Rush, Principal Planner, presented the unanimous recommendation of the Planning Commission to amend the Bell Tower Apartments PRD by reducing the number of buildings from 7 to 6 to create more open space. This reduction would also include reducing the number of 2 and 3-bedroom units and increasing the number of 1-bedroom units. The total unit count within this development would remain the same. Building architecture and  November 29, 2018 Page 7 materials would also remain the same. The Murfreesboro 2035 Comprehensive Plan shows that multi-family is the future land use appropriate for this area and what is being proposed is consistent with that plan. Mr. Rob Molchan, SEC, Inc. gave a presentation on the amendments to the Bell Tower Apartments PRD and addressed questions regarding buffers. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to the Bell Tower Apartments PRD along New Salem Highway 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. An ordinance, entitled “ORDINANCE 18-OZ-62 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 22.5 acres in the Planned Residential Development (PRD) District located along New Salem Highway (Bell Tower Apartments PRD); Bell Tower Investment, LLC, applicant [2018-432],” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Martin. 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 Council: (Insert letter dated November 29, 2018 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to resolution 18-R-PH-63 adopted by the City Council on October 18, 2018, to consider rezoning approximately 0.55 acres along Brandie’s Circle from Office General (OG) District to Commercial Fringe (CF) District; Xai Family Medical Clinic, applicant [2018-429]. Notice of said public hearing was published in the November 13, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Marina Rush, Principal Planner, presented the Planning Commission’s recommendation with a vote of 7-0 to approve the rezoning request at 514 Brandie’s Circle to Commercial Fringe (CF) District. The owner has expressed an interest in leasing space for a dry-cleaning business and possible other commercial uses. The dry-cleaner use is a  November 29, 2018 Page 8 permitted use by right in the Commercial Fringe (CF) District, but it is not allowed in the current zoning of Office General (OG) District. The Future Land Use Map of the Murfreesboro 2035 Comprehensive Plan recommends “Business Park” as the most appropriate land use for subject property; however, Commercial Fringe zoning is not a consistent zoning district with this designation. She noted that there are surrounding properties with similar zoning of the Commercial Fringe which are also designated as “Business Park” in the Future Land Use Map. The Planning Commission adopted changes last month to the Future Land Use Map for those adopted by the City in terms of rezoning where it was not consistent. The Planning Department is working very closely with the Planning Commission to make sure that the Future Land Use Map will reflect what is being rezoned. 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 at 514 Brandie’s Circle to Commercial Fringe (CF) District 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-63 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 0.55 acres along Brandie’s Circle from Office General (OG) District to Commercial Fringe (CF) District; Xai Family Medical Clinic, applicant [2018-429],” 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 Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Planning Director was presented to the Council: (Insert letter dated November 29, 2018 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-65 adopted by the City Council on October 18, 2018, to consider amending Murfreesboro City Code, Appendix A-Zoning, Section 9, Standards for Special Use Permits, and Chart 1 Endnotes, Uses Permitted by Zoning District, pertaining to location requirements for self-service storage facilities; City of Murfreesboro  November 29, 2018 Page 9 Planning Department, applicant [2018-806]. Notice of said public hearing was published in the November 13, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Planning Director, presented the Planning Commission’s unanimous recommendation of 7-0 to amend the Zoning Ordinance to require a minimum distance of 300’ between any self-service storage facility and any major intersection. This amendment defines a major intersection as the intersection of any two arterial streets, any two collector streets or any one arterial street and any one collector street. With the growing number of self-service storage facilities, Planning Staff wanted to ensure that properties that are high visibility, highly traveled intersections, remain available as employment centers and revenue generators for the City. Self-service storage facilities typically do not serve either of those purposes and are better suited for properties away from those types of nodes. He wanted to make Council aware that there is at least one self-service storage facility currently in the planning process which has already had a preapplication conference, and it is our intent to treat that as a project in progress and not apply this regulation should the Council approve it. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to the Appendix A-Zoning, Section 9 and Chart 1 Endnotes 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. An ordinance, entitled “ORDINANCE 18-O-65 amending Murfreesboro City Code Appendix A-Zoning, Section 9, Standards for Special Use Permits, and Chart 1 Endnotes, Uses Permitted by Zoning District, pertaining to location requirements for self-service storage facilities; City of Murfreesboro Planning Department, applicant [2018-806],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. 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 Planner was presented to Council: (Insert letter dated November 29, 2018 here.)  November 29, 2018 Page 10 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to Public Chapter 1101 of 1998 enacted by the General Assembly, to consider Annexation Progress Reports for areas effective at least six months after the effective date of annexation for Cherry Lane and Lebanon Pike; Lynnford Drive and west of Shelbyville Pike; Osborne Lane; Memorial Boulevard; Blanton Drive; Veterans Parkway; John Bragg Highway; Elam Road; New Salem Highway and Veterans Parkway; Manchester Pike, New Salem Highway; and Shelbyville Pike. Notice of said public hearing was published in the November 6, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Austin Cooper, Planner, reported that all services for the areas have been effective for at least one year. 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 Annexation Progress Reports come forward to the lectern. There was no one present who wished to speak for or against the Annexation Progress Reports and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Shacklett made a motion to approve the Annexation Progress Reports as presented. Mr. Martin seconded the motion and all members of the Council voted “Aye”. The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated November 29, 2018 here with regards to scheduling public hearings for zoning along Halls Hill Pike (CF); Annexation & Plan of Services along Manson Pike, Old Manson Pike, Manson Court, Lyle McDonald Court, I-840, and Blackman Road; zoning along Blackman Road and Lyle McDonald Court (CH), simultaneous with annexation; and Amendments to Zoning Ordinance, Section 7, Site Plan Review.) The following RESOLUTION 18-R-PH-67 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 Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-67 here to schedule a public hearing for January 17, 2019 to rezone approximately 3.65 acres along Halls Hill Pike from Local Commercial (CL) District and Residential Multi-Family Sixteen (RM-16) District to Commercial Fringe (CF) District [2018-434]; Bobby Kirby, applicant.)  November 29, 2018 Page 11 The following RESOLUTION 18-R-PH-68 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 Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-68 here to schedule a public hearing for January 17, 2019 to consider (1) adoption of a Plan of Services for and annexation of 2.37 acres along Manson Pike, Old Manson Pike, Manson Court, Lyle McDonald Court, Interstate 840 and Blackman Road and (2) zoning of approximately 0.51 acres along Blackman Road and Lyle McDonald Court to Highway Commercial (CH) District [2018-511 & 2018-435]; City of Murfreesboro Planning Department, applicant.) The following RESOLUTION 18-R-PH-69 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 Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-69 here to schedule a public hearing for January 17, 2019 to consider amending Murfreesboro City Code, Appendix A-Zoning, Section 7 and Chart 1 Endnotes, dealing with site plan review authority and multiple-family residential uses in the MU zoning district [2018-807]; Planning Department, applicant.) The following letter from the Planner was presented to the Council: (Insert letter dated November 29, 2018 here with regards to scheduling a public hearing to consider Annexation Progress Reports for Northwest Broad Street; West Thompson Lane; Blackman Road & Florence Road; West of Manchester Pike; New Salem Highway and River Rock Boulevard; Veterans Parkway; New Salem Highway; Veterans Parkway east of Cason Lane; Barfield Road; Old Salem Road and East Overall Creek Road; New Salem Highway; South Rutherford Boulevard; West Thompson Lane; and Manchester Pike and Dilton Mankin Road.) Mr. Smotherman made a motion to schedule a public hearing for Annexation Progress Reports on December 20, 2018. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Principal Planner was presented to the Council: (Insert letter dated November 29, 2018 here with regards to Mandatory Referral for Abandonment of a portion of Cedar View Drive right-of-way and a drainage easement south of Cedar View Drive [2018-726]).  November 29, 2018 Page 12 Ms. Margaret Ann Green, Principal Planner, stated that this right-of-way abandonment request from Mr. Larry Gilliland is for a 311-linear foot section of Cedar View Drive as well as abandonment of a 20-foot wide drainage easement that runs along the properties. Mr. Gilliland seeks to abandon the excess right-of-way along Cedar View Drive to incorporate it into his parcel for which he will be responsible to maintain it. Approval is requested subject to the five conditions being met by the applicant to provide the City Legal Department with necessary documentation to prepare the quitclaim deed; recording the quitclaim deed; a plat combining the quitclaimed ROW with the adjacent property to create a legal lot of record to be recorded and plat to include relocation of drainage easement to a location approved by the City Engineer; utility easements dedicated as needed to accommodate any existing utilities, including water and sewer mains; and ROW abandonment contingent upon zoning for the Villas at Regal Square PRD becoming effective. The Planning Commission voted to approve this request subject to the conditions as stated. Mr. LaLance made a motion to approve the Mandatory Referral for Abandonment of a portion of Cedar View Drive right-of-way and a drainage easement south of Cedar View Drive subject to applicant meeting the five conditions as stated. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Principal Planner was presented to the Council: (Insert letter dated November 29, 2018 here with regards to Mandatory Referral for Abandonment of Right-of-Way along West Lytle Street and Barker Street.) Ms. Diana Tomlin, Principal Planner, stated that this right-of-way abandonment consists of approximately 155 linear feet of Barker Street right-of-way as well as includes 245 linear feet of West Lytle Street right-of-way on its south side. It was noted that Barker Street would be converted to one-way traffic with the traffic flowing northbound from West College Street to West Lytle Street. This request is being requested so that the rights-of- way can be added into a parcel where Red Rose was previously located and being proposed for redevelopment. Planning Commission approved this recommendation subject to the applicant submitting necessary documents to the Legal Department to draft a quitclaim deed; recording of the quitclaim deed; abandoned right-of-way shall be incorporated into the existing parcel via a subdivision plat recorded at the Register of Deeds Office; and utility easements and/or right-of-way shall be retained to accommodate existing and proposed utilities. Approval is subject to these conditions. Mr. Martin made a motion to approve the Mandatory Referral for Abandonment of right-of-way along West Lytle Street and Barker Street subject to conditions as stated. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  November 29, 2018 Page 13 The following letter from the Transportation Director was presented to the Council: (Insert letter dated November 29, 2018 here with regards to right-of-way acquisition services for Bradyville Pike widening project.) Mr. Shacklett made a motion to approve a Project Management and Negotiation Contract with Volkert in the amount of $450,000.00; Appraisal Service Contract with Gregory Peck and Associates in the amount of $100,000.00; and Review Appraisal Services Contract with B.G. Jones & Company in the amount of $100,000.00 (all project cost funded 80% federal/20% local up to City’s maximum liability and then federal and state funds provided for remaining funding) for widening of Bradyville Pike. 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 November 29, 2018 here with regards to Beer Permit Application for Ridenour Rehearsal Studios, 203 Park Avenue.) The City Recorder/Finance Director indicated approval of this application is subject to completion of all building and codes inspections being met. Mr. Wade made a motion to approve a Beer Permit for Ridenour Rehearsal Studios, 1203 Park Avenue (new location), subject to all building and codes inspections being met. Mr. Martin seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated that there were no board and commission appointments to be made. The City Recorder/Finance Director presented for approval payment of the following statement: From General Fund: Rutherford County CVB $ 43,865.55 Mr. Smotherman made a motion to approve payment of the statement as recommended by the City Recorder/Finance Director. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Under other business, the following letter from the Assistant City Manager was presented to the Council: (Insert letter dated November 29, 2018 here with regards to First Amendment to Contract between the City of Murfreesboro and Swanson Development, LLC.) Mr. Smotherman made a motion to approve the First Amendment to the Contract between the City of Murfreesboro and Swanson Development, LLC for Conveyance of Real Estate on Medical Center Parkway. Mr. LaLance seconded the motion and all members of the Council voted “Aye”.  November 29, 2018 Page 14 There being no further business, Mayor McFarland adjourned this meeting at 8:05 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER