City Council

April 12, 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, April 12, 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: James Crumley, Interim City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Gary Whitaker, Planning Director Matthew Blomeley, Assistant Planning Director Margaret Ann Green, Principal Planner Marina Rush, Principal Planner Robert Holtz, Building & Codes Director Chris Griffith, City Engineer Sam Huddleston, Assistant City Engineer Darren Gore, Water Resources Director Jim Kerr, Jr., Transportation Director Mike Bowen, Chief of Police Mark Foulks, Fire & Rescue Chief Angela Jackson, Parks & Recreation Director Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Vice-Mayor Scales Harris commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland announced that Saturday, April 14, 2018, at 6:00 p.m. will be the 2nd Annual “Guns” and “Hoses” Basketball Game between the Police Department and Fire & Rescue Department to be held at Middle Tennessee Christian School. This event is a fundraiser for “Relay for Life”. Mayor McFarland stepped down to the podium to accept “The Dick Kleinau Lifetime Giving Award” in honor of the City of Murfreesboro’s dedication to the Mission and Vision of Special Kids 2017. Ms. Sarah Callender, Lead Community Relations Specialist at Special Kids Therapy & Nursing Center, presented the award and recognized Micah and her daughter, Quinn, who has attended Campability for three years. This grant provides for children in the County to participate in a camp like their peers. Mayor McFarland commended Ms. Callender for the difference that the Special Kids Organization has made in this community and surrounding counties for 20 years. Mayor McFarland and the Fire & Rescue Chief presented a Proclamation to Ivan Mrzena, son of Mark and Pamela Mrzena, declaring him as Honorary Fire Marshal of Murfreesboro Fire & Rescue Department for April 16, 2018. Ivan was diagnosed with  April 12, 2018 Page 2 cerebral palsy at the age of three, and he has not let his condition stop his passion for firefighting. He has a great knowledge of the alarm and sprinkler systems used at the fire stations and is a frequent visitor at Fire Station 9 where the crew ran the 2016 Special Kids Race with him. Ms. Mrzena participated in the pinning ceremony of Ivan. Mayor McFarland presented a Proclamation declaring April 12, 2018 as a day to recognize “The Woman’s Club of Murfreesboro”. The Woman’s Club was incorporated in 1916 by the State of Tennessee and purchased property at 221 East College Street. It was placed on the National Register of Historic Places in 1985. The Baskette/Woman’s Club building has been recognized by the Association for the Preservation of Tennessee Antiquities, and it celebrated its 100th anniversary in 2016. A fundraising event is being sponsored by The Woman’s Club at Dallas and Jane Restaurant on Northfield Boulevard to help fund upgrades to the inside and outside of the house. The house was built in 1856 and is 162 years old. Ms. Diane Summar, President of The Woman’s Club, and other members were present to accept the Proclamation. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Street Division Operations Manager: A. Rent (2) Caterpillar 730 Articulated Trucks and (1) Caterpillar 329F Hydraulic Track Hoe with Bucket from Thompson Machinery. B. Purchase of Crushed Stone from the Rogers Group. 2) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of Interim City Manager’s approved Budget Amendments for Fiscal Year 2018. 3) Letter of recommendations from the Purchasing Director: Assignment of Contract with Nature’s Best Organics of Tennessee, LLC to The Letco Group, LLC, d.b.a. Living Earth. 4) Letter of recommendations from the Parks & Recreation Director: A. Bids for July 4th Fireworks Display. B. Adult Ultimate Disc League. C. Youth Racquetball League. D. Youth Wiffle Ball League. E. Muddy-Vator Training Program. 5) Letter of recommendations from the Planning Commission: Mandatory Referral at Cushing Avenue. 6) Letter of recommendations from the Fire & Rescue Chief: A. RFCSP Approval for Exhaust Removal Systems. B. Donation of Combination Sprinkler/Fire Safety House to City of LaVergne Fire & Rescue Department. 7) Letter of recommendations from the Water Resources Board: A. Chemical Bid Extensions. B. Water Resources Department Audit for Year Ending June 30, 2018 and Stormwater Fund Audit for Year Ending June 30, 2018. C. Drilling and Blasting Services for the TDK Building at Murfreesboro Airport. D. Master Services Agreement (MSA) for Professional Services Task Order Edition MR Systems, Inc., Task Order 18-01. E. Asphalt Purchases Report. 8. Letter of recommendations from the Chief of Police: A. Purchase of Replacement Police Vehicles and Equipment. B. Purchase of Lenco Bear Cat Armored Rescue Vehicle.  April 12, 2018 Page 3 C. Purchase of Police Vehicles and Equipment with CIP Funds. 8. Recommendations of Chief of Police (Continued): D. Purchase of Vehicle Equipment for 30 Fully Equipped Vehicles. E. Purchase of Vehicle Equipment for 10 Unmarked Vehicles. F. Request to Donate Level II Body Armor to Tennessee Law Enforcement Training Academy (TLETA). 9. Letter of recommendations from the Interim City Manager: Agreement with CBRE/Heery to serve as Owner’s Representative for Fire Station No. 4 Construction (Task Order No. 1). 10. Letter of recommendations from the Assistant Urban Environmental Director: Purchase of new Tennant Green Machine 636. 11. Requests to hang banners across East Main Street: A. Central Magnet School PTO: July 31-August 10, 2018 (Event: “Welcome to Central Magnet”). B. Exchange Club: March 29-April 8, 2019 (Event: “April is Prevention of Child Abuse Month”). (Insert letters from the Street Division Operations Manager, City Recorder/Finance Director, Purchasing Director, Parks & Recreation Director, Planning Commission, Fire & Rescue Chief, Water Resources Board, Chief of Police, Interim City Manager and Assistant Urban Environmental Director here.) Mr. Shacklett made a motion to approve the Consent Agenda in its entirety. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to approve the minutes as written and presented for the regular meetings held on March 15, 2018 and March 22, 2018. Mr. Wade seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-OZ-10 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 28.18 acres in the Planned Residential Development (PRD) District located along Veterans Parkway and Saint Andrews Drive (Kimbro Woods PRD), as indicated on the attached map; Kimbro Development Group, LLC, applicant [2017-423],” which passed first reading on March 22, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. LaLance, 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-10 here.) An ordinance, entitled “ORDINANCE 18-OZ-11 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now  April 12, 2018 Page 4 in force and effect, to rezone approximately 5.9 acres from Single-Family Residential Ten (RS-10) District to College and University (CU) District and approximately 1.4 acres from Local Commercial (CL) District to College and University (CU) District, located along City View Drive, as indicated on the attached map; MTSU Campus Planning, applicant [2018- 401],” which passed first reading on March 22, 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-11 here.) An ordinance, entitled “ORDINANCE 18-O-12 amending Murfreesboro City Code Appendix A-Zoning, Section 13, Planned Development Regulations; Section 19, Residential Districts; Section 21, Commercial Districts; Chart 1 and Chart 1 Endnotes, Uses Permitted by Zoning District; pertaining to multi-family housing; City of Murfreesboro Planning Department, applicant [2017-809],” which passed first reading on March 22, 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-12 here.) The following letter from the Chief of Police was presented to the Council: (Insert letter dated April 5, 2018 here with regards to ORDINANCE 18-O-19.) An ordinance, entitled “ORDINANCE 18-O-19 amending the Murfreesboro City Code, Chapter 2, Administration, by adding a new Section 2-18, authorizing the City to accept proceeds of the sale of property seized and forfeited pursuant to Tennessee Code Section  April 12, 2018 Page 5 39-11-701 and limiting the use of such funds for law enforcement purposes,” 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 Pursuant to RESOLUTION 18-R-PH-14 adopted by the City Council on March 15, 2018, conduct a public hearing to consider a proposed amendment to rezone approximately 1.6 acres along Medical Center Parkway from Single-Family Residential Fifteen (RS-15) District and Gateway Design Overlay Four (GDO-4) District to Mixed Use (MU) District and Gateway Design Overlay Three (GDO-3) District; One Nine Investments MCP, LLC, applicant [2018-402]. Notice of said public hearing was published in the March 27, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the rezoning request for subject property located along Medical Center Parkway to Mixed Use (MU) District and the overlay zone to Gateway Design Overlay Three (GDO-3) District. This property is owned by the City who has a contract to sell it to One Nine Investments MCP, LLC. They have requested the rezoning to allow the property to develop with various types of medical and professional offices. The change in overlay zone to GDO-3 is to be consistent with other City-owned properties in the Gateway. The overlay zone has private restrictions that deal with plan review and architecture of buildings whereas the Planning Commission reviews the Initial and Final Design of the development. Ms. Green noted that this rezoning is consistent with the City’s Comprehensive Plan and the 2035 Future Land Use Map which recommends redevelopment of an area that includes this parcel and is called the “West College Street Mixed Use Redevelopment Program”. This area is located immediately west of the Stones River. The five Planning Commission Members present at the public hearing on March 7, 2018 voted unanimously to approve this rezoning request. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 1.6 acres  April 12, 2018 Page 6 located along Medical Center Parkway to Mixed Use (MU) District and Gateway Design Overlay (GDO-3) District step forward to the podium. Mr. Jeff Dismukes, 4604 Blackman Road, was going to speak on the Blackman area, but Mayor McFarland reiterated that this public hearing was only for the zoning on Medical Center Parkway. There were no others present who wished to speak for or against the rezoning request and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-14 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 1.6 acres along Medical Center Parkway from Single-Family Residential Fifteen (RS-15) District and Gateway Design Overlay Four (GDO- 4) District to Mixed Use (MU) District and Gateway Design Overlay Three (GDO-3) District; One Nine Investments MCP, LLC, applicant [2018-402],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-15 adopted by the City Council on March 15, 2018, to consider a proposed amendment to approximately 130 acres in the Planned Unit Development (PUD) District located along Fortress Boulevard and Franklin Road (Victory Station PUD); Swanson Development, applicant [2018-405]. Notice of said public hearing was published in the March 27, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, presented the request of the applicant to amend the Victory Station PUD by adding additional uses to some of the out parcels. Planning Commission and staff had concerns with some of the uses which were then removed by the applicant and other uses proposed had limitations placed on them. The five Planning Commission Members present at the public hearing on March 7, 2018 voted unanimously to approve this rezoning request. The Murfreesboro 2035 Plan is generally consistent with this request. Mr. Rob Molchan, SEC, Inc., addressed the commercial  April 12, 2018 Page 7 landscape change since this PUD was originally approved in 2000. Mr. Joe Swanson, Jr., applicant, and Mr. Matt Taylor, SEC, Inc. were present. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to approximately 130 acres in the Victory Station PUD come forward to the podium. There was no one present who wished to speak for or against the proposed amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-15 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 130 acres in the Planned Unit Development (PUD) District located along Fortress Boulevard and Franklin Road (Victory Station PUD) as indicated on the attached map; Swanson Development, applicant [2018-405],” was read to the Council and offered for passage on first reading upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-16 adopted by the City Council on March 15, 2018, to consider a proposed amendment to approximately 48.21 acres in the Planned Signage Overlay (PSO) District located along Old Fort Parkway and Stones River Mall Boulevard (Stones River Mall PSO); SVAP II Stones River, LLC, applicant [2018-406]. Notice of said public hearing was published in the March 27, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Robert Holtz, Building & Codes Director, presented the applicant’s request to amend the Stones River Mall PSO on approximately 48.21 acres. The Stones River Mall is located at 1720 Old Fort Parkway and consists of an enclosed mall and Open Air (Lifestyle) shopping center. In 2007, the owner applied for and received approval for a Planned Sign Overlay (PSO) Zoning. Since then, the new owners, Sterling Organization, have received approval to build a multiplex theater which is currently under construction in the  April 12, 2018 Page 8 approximate former location of the Food Court and Books-a-Million which have since been demolished. The owners are updating the Planned Signage Overlay Pattern Book to reflect the new ownership name, a rebranding of the mall to “Stones River Town Centre” and signs for the new AMC theater. The changes consist of face changes to the existing pylon and monument signs to reflect the new owner’s name and the rebranding. The existing tenant signage for the mall will not change and no new signs are proposed except for the new signs for the theater. Building and Codes and the Planning Department have reviewed the booklet and recommend approval. Mr. John Speed, Sterling Organization, was present to represent the SVAP II Stones River, LLC. He gave a presentation on the proposed changes and was available to answer questions. Mayor McFarland noted that the Stones River Mall was developed in 1986 and expressed appreciation to the developer for the investment that is being made to the mall. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to approximately 48.21 acres in the Planned Signage Overlay (PSO) District located along Old Fort Parkway and Stones River Mall Boulevard (Stones River Mall PSO) come forward to the podium. There was no one present who wished to speak for or against the proposed amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-16 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 48.21 acres in the Planned Signage Overlay (PSO) District located along Old Fort Parkway ad Stones River Mall Boulevard (Stones River Mall PSO); as indicated on the attached map; SVAP II Stones River, LLC, applicant [2018-406],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider (1) adoption of a Plan of Services for and annexation of 55 acres and (2) zoning of approximately 55 acres along Asbury Road as Planned Unit Development (PUD) District which have been proposed to be annexed to the City of Murfreesboro,  April 12, 2018 Page 9 Tennessee; Joseph C. Smith, Ricky D. Smith and Sazerac of Tennessee, applicants [2017- 520 and 2017-449]. Notice of said public hearing was published in the February 20, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Marina Rush, Principal Planner, presented the Planning Commission’s approval for Annexation and Plan of Services for approximately 55 acres located along Asbury Road, east of I-24, south of Bingham Street, and west of Grassland Drive. The annexation study referenced two residences on the property in error; however, there is only one residence on site. A second residence was approved for the property by the Rutherford County Planning Commission, but it was never constructed. She noted that corrected pages for the Plan of Services have been provided to the Council. Additionally, the Fire Marshall has indicated that any development of this site must include a fire hydrant; a drive between the hydrant and house that can sustain the weight of a fire truck; a wider gate opening; and vegetation trimming before the effective date of annexation or removal of the structure. The applicant has indicated that they would be willing to support these requirements, and these notes were also provided as changes to the Plan of Services for consideration. A written petition requesting annexation had been filed by Mr. Joseph Smith and Mr. Ricky Smith, represented by Mr. Matt Taylor, SEC, Inc. This annexation includes this parcel and 500 linear feet of Asbury Road. The property is within the City’s Urban Growth Boundary, and it is contiguous with the City Limits to the south. Based on the Annexation Study, it appears that the City services can be extended to the property upon the effective date of annexation or as development occurs. A zoning change to Planned Unit Development (PUD) will be considered in the next public hearing. 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 for and annexation of 55 acres located along Asbury Road come forward to the podium. There was no one present who wished to speak for or against the annexation and Plan of Services and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 18-R-PS-08 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland  April 12, 2018 Page 10 Nay: None (Insert RESOLUTION 18-R-PS-08 here to adopt a Plan of Services for approximately 55 acres along Asbury Road [2017-520]; Joseph C. Smith and Ricky D. Smith, applicants.) The following RESOLUTION 18-R-A-08 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-08 here to annex approximately 55 acres along Asbury Road, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2017-520]; Joseph C. Smith and Ricky D. Smith, applicants.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning of approximately 55 acres along Asbury Road as Planned Unit Development (PUD) District, simultaneous with annexation; Sazerac of Tennessee, applicant [2017-449]. Ms. Marina Rush, Principal Planner, presented the applicant’s request for zoning subject property located at 5295 Asbury Road to Planned Unit Development (PUD) District. Properties to the east and north are in the unincorporated County and are part of the Youngtown residential subdivision. I-24 is to the west and a large undeveloped tract is located to the northwest. The Murfreesboro 2035 Comprehensive Plan recommends that the property be developed as “Suburban Residential Character”. This designation intends residential development with open spaces and encourages clustering of development to achieve larger open space. This proposal concentrates the buildings to the interior on the west side of the property and retains large areas of open space and native vegetation on the south and east portions of the property. City Council could determine if the proposal is consistent with this land use designation or if the long-term vision for this area changes due to the nature of the newly adopted 2040 Major Transportation Plan where that plan identifies a five-lane arterial roadway with a future interchange with I-24. The January 17, 2018 Planning Commission public hearing was very well attended by several members of the community where comments addressed traffic and road improvements, whiskey fungus, hours of operation, noise, heights of buildings and the Murfreesboro 2035 Comprehensive Plan. Industrial zoning allows 75’ buildings. These buildings have a variety of range in height with the tallest being 66’. It was noted that, if the property developed as a whiskey distillery, there could be 50,000 visitors per year with average daily trips of 60-70. If this  April 12, 2018 Page 11 property was to develop with housing, average daily trips would be approximately 700 and, if it was commercial, that number would be even greater. The Planning Commission directed and the applicant’s made changes to the Pattern Book. They complied by specifying the hours of operation by each use to make very clear what would be operated during what hours of the day; statement included in Pattern Book that they will abide by the City’s Noise Ordinance; inconsistency with barrel house height which was changed from 75’ to 66’ and that building being the tallest of all the buildings; taller buildings oriented toward the west side of the property closest to the highway and the shorter buildings oriented closer to the middle of the property and closest to the residents homes. Mr. Matt Taylor, SEC, Inc., introduced Mr. Rob Molchan, SEC Landscape Architect; Ms. Melissa Henry and Mr. John Lund, Master Distillers with Sazerac; Ms. Mary Beth Hagen, Hagen Law Firm; and Ms. Ann Pringle, Mycologist from the University of Wisconsin. Mr. Taylor gave a presentation on the proposed development for construction of a distillery to produce Tennessee whiskey which will compete with Jack Daniels and George Dickell. The Sazerac Company is an American- owned private distiller, the largest private distiller in America, and the fifth largest in the world. He addressed the neighborhood meeting held where 50-60 people attended. Sazarec has entered into a road development agreement for Cherry Lane extension. To address the whiskey mold, Dr. Pringle from the University of Wisconsin was hired by Sazarec to view the site and surrounding areas. She wrote a letter to the Planning Commission as well as spoke at their meeting to try and alleviate some of their concerns. She has written a follow-up letter to address additional concerns heard at the Planning Commission for which Council has been provided a copy. To address the concern of ethanol, an expert was hired who outlined when ethanol is a concern. There are no health risks with ethanol and odor issues are not a concern until it reaches a concentration level of 80 parts per million. The facility will operate at less than 5 parts per million. Any fire risk is a density greater than 33,000 parts per million and the distillery will operate at less than five parts per million. There were concerns with smell coming from the facility; however, these smells are largely contained in the buildings and are not of an alcohol smell but rather more of a sweet cornbread smell. To address noise, there will be a hammer mill inside the facility to limit noise, and the grain elevator runs intermittently and releases a minimal amount of noise. Another noise source would be trucks and vehicles on-site; however, those activities are planned on the western side of the site and would be less than the noise generated by I-24 directly to the south. The Fire Department requirements for this annexation includes limbing up the existing driveway which has already taken place; install new fire hydrant capable of flowing according to Fire Department requirements within a certain distance of the house which can  April 12, 2018 Page 12 be done at the end of Grassland Drive according to CUD; and install a drive to connect the house and hydrant. All of this would be done prior to second reading. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 55 acres along Asbury Road as Planned Unit Development (PUD) District, simultaneous with annexation, come forward to the podium. Mr. Jeff Dismukes, 4604 Blackman Road, supported this development as it would provide a buffer for his farm and be a benefit to the community. The interchange will be constructed totally on his property even though it will be a long time coming. Mr. Ron Dennis, 5233 Honeybee Drive, presented pictures of whiskey mold taken at Jim Bean Distillery and the affect it had on the outside of structures, trees, etc. His house is adjacent to this property, and he opposed the proposed zoning. Mr. Tony Johnston, Program Director for the Bachelor of Science and Fermentation Science Program at MTSU, explained what fermentation science is and the value of using fermentation to create what we need to live. The distillery would be of great value to his program and his students, and he supported the proposed zoning. Mr. David Andrews, 5212 Honeybee Drive, stated he was not against the company but rather the location and how traffic will affect their neighborhood with only one way in and one way out of the subdivision. He requested postponing this development until the Cherry Lane extension is complete and provides more access to the property. Mr. Patrick Banker, 2926 Lightening Bug Drive, opposed the zoning request because of the dangerous risks a heavy industrial facility of this nature would have on this location with air quality, noise, light pollution, burning of alcohol and ethanol and the affect whiskey fungus will have on property values not to mention the increased number of daily visitors going through their neighborhood to the distillery until the interchange is built which could take five to six years. Dr. Ekaterina Kaverina, Mycologist from Johnson City East Tennessee State University, described the characteristics of whiskey fungus and how it propagates by spores that are microscopic. The fungus reacts to traces of ethanol vapors in the air causing it to start growing and will subsist and exist on ethanol as a source of carbon. Mr. Nathan Peterson, 5216 Honeybee Drive, opposed the distillery being built adjacent to their subdivision. It was his opinion that Council should represent and protect the interests of the citizens and not represent business organizations.  April 12, 2018 Page 13 Ms. Kirsten Stutterd, 2951 Lightening Bug Drive, presented pictures of fungus everywhere around a local bakery and did not want to see this problem in her neighborhood from the distillery. Ms. Julianne Hilly, 2920 June Bug Drive, opposed the proposed zoning because of the real negative impact this distillery will have on their neighborhood with property values, whiskey fungus and inappropriate commercial traffic going through the middle of a residential neighborhood. Mr. Shawn Erdman, 2919 June Bug Drive, felt distrust is building between Sazarec and the neighbors because facts are constantly changing throughout this process. Ms. Kristie Andrews, 5212 Honeybee Drive, did not oppose the distillery but rather the location. Mr. Rick Matties, 5225 Honeybee Drive, did not oppose the location of the distillery but felt the five-lane road should be constructed first. He requested clarification of the hours of operation and “event space”. Ms. Justina Erdman, 2919 June Bug Drive, opposed the proposed location and the impact the distillery would have on traffic through their neighborhood. Mr. Brandon Whitt, 5313 Baker Road, is a farmer at The Grove and sits on the Fermentation Board at MTSU. He supports the distillery because it is a diverse use of property and a way for farmers to sell their raw goods to local industries. Mr. Paul Lattour, Rutherford County Chamber of Commerce, discussed the economic development benefits of this project and tourism. Ms. Heather Cadenhead, 5306 Honeybee Drive, stated that her home is the closest to the distillery site and had concerns with health issues; noise; safety hazards associated with flammable issues stored on site; ethanol fires which are invisible and smokeless; and light pollution. Sazarec has refused to definitively state that her property is safe from black mold, specifically Baudoinia. Asbury Road is not a safe entrance, and she did not see an industrial distillery being in step with the long-term growth goals of the City of Murfreesboro or the Blackman area. Mr. Richard Baines, Parkview Terrace, quoted from Dr. James Scott, head of the Gage Occupational and Environmental Division at the University of Toronto, on the matter of Baudoinia and how it uses ethanol as a carbon source and becomes uncharacteristically fast-growing, resilient and adaptive to many environments. Mr. David Colin, 3341 Fletz Circle, representing the Spring Lake Homeowners Association and residents, referenced the 30-acre lake of underground system for which the lake on the proposed property is part of and felt there should be some type of certification  April 12, 2018 Page 14 from TWRA that there will or will not be any impact on the underground waterway systemresulting from this operation. Asbury Road is not capable of handling big rig vehicles, trees will have to be cut back and road upgraded. Many parents were hoping to have access to the bypass road (Cherry Lane) with the interchange to get their children to and from school instead of going 7-8 miles to Browns Chapel. This operation would cut off all access to the residents. Ms. Christie Dennis, 5233 Honeybee Drive, did not oppose the distillery in Murfreesboro…just did not want it in her backyard. She requested that an ethanol capturing device be considered that would require testing to verify that it is working correctly and put the aging barrel houses at a different location. Ms. Judy King, 2904 June Bug Drive, felt there were too many uncertainties with the distillery and would like to see what the tests reveal as to long-term effects with mold and pollution on the lake as well as traffic issues. Ms. Sherrie Raoul, 4308 Banks Street, lives approximately 750’ away from the proposed facility and does not want to see her home covered in black mold. Ms. Randy Folger, 2940 Butterfly Bend, would like to see something in writing to the affect that Sazerac will pay for any black mold damages. There were no others present who wished to speak for or against the proposed zoning along Asbury Road and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Matt Taylor introduced Ms. Anne Pringle, Vilas Distinguished Achievement Professor of Botany and Bacteriology at the University of Wisconsin in Madison, who was engaged by Sazerac to educate everyone on mold and Baudoinia which is sometimes called “whiskey fungus”. Her basic message to Council was that fungi and molds grow everywhere, all over the planet, and in Murfreesboro and will continue to be in Murfreesboro whether there is a distillery built or not. A power point presentation was given on black mold in different locations of the United States and abroad where there are no distilleries. Black mold needs to be extracted and analyzed to see if it is Baudoinia. Mold on distilleries are made up of a unique combination of species that you don’t find off distilleries. Baudoinia can be found as one of the species but there are also several other species as well. Building a distillery in Murfreesboro will not cause the growth of any more mold than what is presently visible. The growths that are called “warehouse staining” are called such because they grow on warehouses, and you will find Baudoinia and other unique combinations of things that are not found off-site. The publications provided to Council by Sporometrics, James Scott, Canadian Mycologist at the University of Toronto, suggests that ethanol emitted from  April 12, 2018 Page 15 whiskey aging warehouses causes Baudoinia to grow on neighboring properties; however, for whatever reason, the data does not support this conclusion. Problems include: 1) No analysis of Baudoinia in nature; 2) Ethanol not needed for Baudoinia to grow; 3) No evidence Baudoinia travels through air; and 4) Scott’s publications rely on outdated microbiological techniques. The most recent hypothesis is that Scott, et al, noted colonies in several geographic locations that bore signs of terrestrial gastropod grazing which means snails. The current idea is that this fungus gets around because snails eat it and, as they travel, they defecate which potentially is how the spores get around. In conclusion, she did not feel that the casual observer or homeowner will notice a change in the mold in the neighborhood. Just as you pressure wash now, you will have to pressure wash if the distillery is built. She showed pictures of objects with mold in Murfreesboro without the distillery. There were also pictures of mold on objects in proximity to a Citgo Station which would be the same as from the distillery. If an aging warehouse is built, there will be warehouse staining. At any distance from the warehouse, there will not be warehouse staining but rather a different mold that is made up of a different community of species that will be there whether the distillery is there or not. Most importantly, whiskey mold (Baudoinia) does not cause health issues. There is a whole class of organisms called “city mold”. Ms. Pringle answered questions from the Council. Mr. Sam Huddleston addressed concerns heard on traffic in this community, the 2040 Major Thoroughfare Plan and the extension of Cherry Lane which includes a five-lane roadway starting on Florence Road (northeast of subject property) to the northwest corner of the proposed project. Ultimately, there will be an interchange and a continuation over to Blackman Road to create a complete link. In the proposed Road Development Agreement, it is proposed to have a roadway that will serve the facility from Florence Road through the two properties that are adjacent to it and then serve the Sazerac property. Asbury Road will be used as the only point of access for this property during construction. Their timing and the road project timing would be parallel. There is some design work to do and submittals will be made to the City. The City’s commitment to Sazerac is that we would have the road available before their first building is occupied which is in the proposed Road Development Agreement. A proposed Road Development Agreement has been developed at this point with the City, Sazarec, TDOT and two property owners. This actual Road Development Agreement would be provided to Council prior to second reading which would include the funding and budgeting for this project. It was noted that any zoning modifications to subject property would have to come before the Planning Commission and City Council for approval.  April 12, 2018 Page 16 Mr. Matt Taylor addressed the traffic study done by the ITE (Institute of Transportation Engineering) Institute prior to Planning Commission submittal which was estimated to be 400-500 trips per day or 200-250 cars at full buildout of the facility. If the property was developed residential, the number of cars would triple. Ms. Alisa Henley, Sazarec Master Distillery, assured that they are not locating here to be an event company but rather the goal is to make whiskey. The VIP Center in the plan is to host small groups for educational purposes on their product. This would not likely happen on a weekly or daily basis and no later than 10:00 p.m., and there is no intention of renting out the facility for events to bring in revenue. RTO’s are not used for air filtration for mold and fungus because it changes the product they are trying to make, and it would no longer be considered a whiskey or bourbon. E.P.A. has submitted a statement stating that it could change the industry as a whole; therefore, they do not nor would ever use that system. She addressed the charcoal filter process which makes it a Tennessee whiskey. This burn would only occur 8-9 times a year in the open in a controlled area. She noted that the alcohol industry, in general, is highly regulated on all levels, and they do have the proper air permits for this process. Reasons for choosing this location were: Lake is served by two natural springs; limestone rock gives pure water; scenic aspect of the property; location to I-24 along with the City’s Thoroughfare Plan having access to I-24; and Murfreesboro does not have a distillery which puts them on the forefront of partnering with the distillery and creating almost co-branding with their company and the City of Murfreesboro. Ms. Henley addressed the extraction and discharge of lake water and the purpose it will serve in the distilling process. She indicated that there will be specific parameters to follow from TDEC with the State in the cooling process and discharged back into the lake to prevent harm to wildlife. It was confirmed that they do not have any pending lawsuits. She indicated that herself and Mr. Lund would be on site every day, and would be very open to community members with their concerns. They are responsible for this facility and Sazerac would be responsible for their actions. They want what is best for Murfreesboro and they want to be good neighbors. Ms. Mary Beth Hagen, Hagan Law Group in Murfreesboro, addressed the five distillers who had lawsuits filed against them, three of which were in Kentucky. None of the claims were for health reasons but rather claims regarding the same framework heard in opposition of this project tonight. She emphasized that it is important for Council to understand why they were dismissed as it will help Council weigh what they have heard in terms of science and what is there and not there and what can be proven and what cannot. One of the plaintiffs had Dr. James Scott from the laboratory in Toronto whose study has  April 12, 2018 Page 17 now blown up. Before there was any chance for Dr. Scott to go under oath, the plaintiff’s lawyer walked away. The judge dismissed all cases with prejudice which means they cannot be brought back again. Mr. Huddleston noted that Asbury Road would remain a public road for individuals who rely on it. Staff has suggested that it stay as a secondary point of access for unforeseen emergencies for Sazerac. Asbury Lane would not be for people entering Sazerac as Sazarec will have its own address on the new public street. Street naming and addresses will be figured out and assigned with the site plan and building permit application. As a side note, Mr. Huddleston indicated that Sazerac will have access to Murfreesboro City Sewer, and all their process waters will be treated and discharged by the Murfreesboro Water Resources Department. Some of the Council members wanted to get more information and visit areas where other distilleries were located. Mr. Taylor requested deferral on first reading to zone an area along Asbury Lane. The following letter of recommendation from the Planning Commission was presented to the Council: (Insert letter dated April 5, 2018 here with regards to Mandatory Referral/Right-of-Way Abandonment for a segment of Warrior Drive west of New Salem Hwy.) The Assistant Planning Director noted that the Planning Commission and Planning Staff recommend approving this Mandatory Referral/Right-of-way abandonment for a segment of Warrior Drive subject to the applicant providing the City Legal Department with any necessary documentation to prepare the quitclaim deed as well as the applicant recording the quitclaim deed; a plat depicting the abandonment and relocation of the subject property being recorded; and utility easements being dedicated as needed to accommodate any existing utilities, including water and sewer mains. Mr. LaLance made a motion to accept the recommendation of the Planning Commission to approve the Mandatory Referral/Right-of-Way Abandonment for a segment of Warrior Drive, west of New Salem Highway. Mr. Wade seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated April 5, 2018 here with regards to scheduling public hearings to consider amending Salem Creek Commons PCD along New Salem Hwy & Salem Creek Dr; rezoning along Searcy St (RD); and rezoning along North Maple St (PRD) Maple Nook PRD.)  April 12, 2018 Page 18 The following RESOLUTION 18-R-PH-20 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-20 here to schedule a public hearing for May 10, 2018 to consider amending approximately 4.53 acres in the Planned Commercial Development (PCD) District located along New Salem Highway and Salem Creek Drive (Salem Creek Commons PCD) [2018-408]; Development Management Group, LLC, applicant.) The following RESOLUTION 18-R-PH-21 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-21 here to schedule a public hearing for May 10, 2018 to consider rezoning approximately 0.68 acres along Searcy Street from Single-Family Residential Fifteen (RS-15) District to Duplex Residential (RD) District [2017-445]; George Kerrick, applicant.) The following RESOLUTION 18-R-PH-22 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-22 here to schedule a public hearing for May 10, 2018 to consider rezoning approximately 0.42 acres along North Maple Street (Maple Nook PRD) from Duplex Residential (RD) District to Planned Residential Development (PRD) District [2018-407]; Blue Sky Construction, applicant.) The following letter of recommendations from the Transportation Director was presented to the Council: (Insert letter dated April 5, 2018 here with regards to Contract with HDR, Inc. for Final Design and Construction Administrative Services for new Transit Facility.)  April 12, 2018 Page 19 Mr. Smotherman made a motion to accept the recommendation of the Transportation Director to approve a contract with HDR, Inc. in an amount “not to exceed” $1,596,211.44, funded 80% from Federal/Section 5307, 10% TDOT, and 10% City, for final engineering design and construction administrative services for the new Transit Facility. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Parks & Recreation Director was presented to the Council: (Insert letter dated April 6, 2018 here with regards to a Professional Services Agreement with Ragan-Smith Associates to develop a Parks and Recreation Master Plan.) Mr. Smotherman made a motion to accept the recommendation of the Parks & Recreation Director to approve a Professional Services Agreement with Ragan-Smith Associates, Inc. for a lump sum fee of $132,000.00, funded from Operating Budget, to develop a Parks and Recreation Master Plan. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter of recommendations from the Fire & Rescue Chief was presented to the Council: (Insert letter dated April 12, 2018 here with regards to approval of pre- payment and bid for the purchase of two (2) Heavy Rescue Trucks.) Mr. Wade made a motion to accept the recommendation of the Fire & Rescue Chief to approve the bid of EVI for the purchase of two (2) custom Rescue Trucks in the amount of $1,199,269.00 with a 90% prepayment, funded from 2018 CIP. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following RESOLUTION 18-R-06 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-06 here requesting unclaimed balance of accounts remitted to State Treasurer under Unclaimed Property Act.) The following letter of recommendations from the Water Resources Board was presented to the Council: (Insert letter dated April 5, 2018 here with regards to advertising RFCSP for Biosolids Dryer at MWRRF; award MWRD Administrative Building Renovation Contract; and approve Sole Source Lease of a Mobile Bank Facility.)  April 12, 2018 Page 20 Mr. LaLance made a motion to accept the recommendation of the Water Resources Board to approve advertising for Competitive Sealed Proposal (RFCSP) for procurement and installation of sludge drying equipment (biosolids dryer) to be installed at the Murfreesboro Water Resources Recovery Facility (MWRRF). Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Mr. Shacklett made a motion to accept the recommendation of the Water Resources Board to approve the low bid of Dowdie Construction Group in the amount of $990,000.00 for renovation of the Water Resources Administrative Building and enter into a six (6) month lease agreement with Recovery Solutions, in the amount of $38,040.00, to provide a mobile bank facility during renovations. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented the following Beer Permit Applications: Special Event Beer Applications: *Murfreesboro Center for the Arts, 110 W. College Street. (Event: 4/14/2018). *Oaklands Association, Inc.: Oakland Park & Pavilion (Event: 6/17/2018); Oaklands Mansion, 900 & 901 N. Maney Avenue (Events: 7/20/2018, 9/29/2018, 11/2/2018 & 11/30/2018). Catering Beer Application: *Dallas and Jane, 352 W. Northfield Boulevard, Suite 4-F (Existing Permit Holder- New Catering). Beer Applications (Pending Completion of all Building & Codes Inspections: *E & S International Market (ownership/name change), 1622 Bradyville Pike. *Sami’s Market Corp. (ownership/name change), 2975 S. Rutherford Boulevard, Suite B. *AMC Stones River 9, 1706 Old Fort Parkway (new location). *Pho Viet, 1722E S. Rutherford Boulevard (new location). *Daddy Billy’s/Spinellis (ownership/name change), 211 West Main Street. Vice-Mayor Scales Harris made a motion to approve the Special Event and Catering Beer Permits and approve all other Beer Permits listed upon successful completion of all building and codes inspections. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated there were no board or commission appointments to be made. The City Recorder/Finance Director indicated there were no statements to be approved for payment. Under other business, Mayor McFarland gave an update on school sites on the corner of St. Andrews and Veterans Parkway and near Barfield. Due to significant development challenges, the Barfield site was no longer an option. Staff then engaged into discussions with the property owners at the corner of St. Andrews and Veterans Parkway, and they have agreed to an appraised price of $64,000.00 per acre in addition to a price above that for them to agree to a friendly condemnation in order for them to receive tax benefits and  April 12, 2018 Page 21 eliminate the City from going through the condemnation process. The owners of the property (Leather’s Family) have requested that one of the streets going into the school be named after them. They will be working with the City on future zoning of the additional acreage. Vice-Mayor Scales Harris made a motion to accept the recommendation of Mayor McFarland to approve the purchase of property located at the corner of St. Andrews and Veterans Parkway and approve the request to name a street after the owners. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. There being no other business, Mayor McFarland adjourned this meeting at 11:05 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER